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11/23/2021 - Regular - PacketMayor: Rob Putaansuu Administrative Official Councilmembers: BekAshby (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, MIMIC, 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 November 23, 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 only Link: https://us02web.zoom.us/o/89258146065 Zoom Webinar ID: 892 5814 6065 Zoom Call -In: 1-253-215-8782 Guidine Principles • Are we raising the bar? • Are we honoring the past, but not living in the past? • Are we building connections with outside partners? • Is the decision -making process positively impacting diversity, equity, and inclusion? 1. CALL TO ORDER A. Pledge of Allegiance 2. APPROVAL OF AGENDA 3. CITIZENS COMMENTS (Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a Public Hearing. 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 S. PRESENTATION 6. PUBLIC HEARING 7. BUSINESS ITEMS A. Adoption of an Ordinance Amending the 2021-2022 Biennial Budget (Crocker) Page 4 B. Adoption of an Ordinance Clarifying the Authority of Certain Officials to Write Civil Infractions Relating to Traffic Enforcement (Archer) Page 10 C. Adoption of an Ordinance Amending; Port Orchard Municipal Code Chapter 13.04 (Water and Sewer) Regarding Water and Sewer Capital Facility Charges (Bond) Page 24 D. Adoption of a Resolution Supporting; the DWSRF 2021 Construction Loan Application for the Development of Well #11 in the McCormick Woods Water System (J. Brown) Page 54 E. Adoption of a Resolution Accepting; the 580 Zone Reservoir and Establishing; the Certified Construction Costs in Accordance with Contract No. 003-07 (Bond) Page 57 F. Adoption of a Resolution Confirming Appointment of Tim Drury as Municipal Judge and Authorization of Judicial Employment Agreement (Archer) Page 91 G. Adoption of a Resolution Amending Resolution No. 060-21, Authorizing an Additional One -Time Personal Holiday for Employees Fully Vaccinated Against the COVID-19 Virus (Lund) Page 99 H. Adoption of a Resolution Fixing the Date of a Public Hearing; on a Petition to Vacate City Right -of -Way, the Northeast Portion of Unopened Depot Street (Rinearson) Page 103 I. Approval of the November 9, 2021, City Council Meeting Minutes Page 115 8. DISCUSSION ITEMS (No Action to be Taken) A. Veterans Park (Commissioner Garrido) B. Holiday Light Tour (Rinearson) 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. 14. CITY COUNCIL GOOD OF THE ORDER 15. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Economic Development and December 13, 2021; 9:30am — 2nd Monday of Remote Access Tourism each month Utilities December�14,21; S:OOpm Remote Access Land Use TBD, 2022 Remote Access Festival of Chimes & Lights November 22, 2021; 3:30pm Remote Access Finance N/A Remote Access Transportation November 23, 2021; 5:00pm; 4th Tuesday of Remote Access S each month s 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. November 23, 2021, Meeting Agenda Page 2 of 3 Sewer Advisory Lodging Tax Outside Agency Committees TBD February, 2022 Varies Remote Access Remote Access ------------ Varies ------------ Please turn 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. November 23, 2021, Meeting Agenda Page 3 of 3 Back to Agenda City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7A Subject: Adoption of an Ordinance Amending the 2021-2022 Biennial Budget Meeting Date: November 23, 2021 Prepared by: Noah D. Crocker Finance Director Atty Routing No: 366922-0007 Atty Review Date: November 15, 2021 Summary: The City Budget is written to capture revenue and expenses over the fiscal period. During the biennial period, changes to the budget in both revenue and expenditures need to be recognized by a Budget Amendment. By this Ordinance, the City Council would amend the 2021 — 2022 Biennial Budget, as adopted by Ordinance No. 035-20 and amended by Ordinance No.015-21 and Ordinance No. 032-21 and Ordinance No. 050-21. The proposed budget amendment would provide for additional expenditure authority including transfers between current expense fund 001 to the Capital Construction fund 302 in the following amounts: 1) Additional $2.250 million transfer authority from 001 to 302 for the purchase of property 2) Additional $2.250 million transfer authority from 302 to 001 for the reimbursement of the cashflow purchase of property 3) Additional $25,000 of expenditure authority for fund 302 for the Etta Turner Park Project 4) Additional $25,000 transfer authority from 001 to 302 for the Etta Turner Park Project 5) Reduction of 2022 ending fund balance for 001 Recreation Reserve of $25,000 The transfer of $2.250 million from the current expense fund to the capital construction fund is requested to cover the cashflow and timing of the purchase. The State of Washington will be reimbursing the city after the purchase is complete, at which time the reimbursement proceeds will be transferred back to the current expense fund 001. Additionally, due to the timing of payments from the Kitsap Public Facility District the city is proposing to provide cashflow in order to close before the end of the year. If the funds provided from the KPFD cannot be contributed in a timely manner the city will cover their portion and seek immediate reimbursement. As these transfers will net each other there will be no impact to the ending 2022 fund balance. In addition, the Etta Turner Park needs an estimated $25,000 of additional expenditure authority to complete the project. This $25,000 is proposed to be paid from the recreation reserve account Page 4 of 119 Back to Agenda Staff Report 7A Page 2of2 in 001 and will result in the 001 recreation reserve 2022 budgeted ending fund balance to be decreased by $25,000. The current expense recreation reserve account will transfer $25,000 to the capital construction fund 302 for the completion of the project. The amendment includes the impact to revenues, as presented. Recommendation: The Finance Director recommends adoption of the Ordinance amending the 2021-2022 Biennial Budget. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt an Ordinance amending Ordinance No. 035-20, as amended by Ordinance No.015-21, and by Ordinance No.032-21, and by Ordinance No.050-21, the 2021— 2022 Biennial Budget for the City of Port Orchard. Fiscal Impact: 2021-2022 Current 2021-2022 2021-2022 Amended Fund: 001 - Current Expense (Amended Biennial Budget Biennial Budget No. Budget No.050.21) Amendment XXX-2021-2022 Beginning Fund Balance $ 6,952,862 $ 6,952,862 Revenue $ 26,326,339 $ 2,250,000 $ 28,576,339 Expense $ 30,108,835 $ 2,275,000 $ 32,383,835 Ending Fund Balance $ 3,170,366 $ (25,000) $ 3,145,366 OwlGovernmental •Construction = Fund: 302 -Capital 2021-2022 Current 2021-2022 2021-2022 Amended (Amended Biennial Budget Biennial Budget No. Construction Budget No.050.21) Amendment XXX-2021-2022 Beginning Fund Balance $ 238,707 $ 238,707 Revenue $ 3,368,000 $ 2,275,000 $ 5,643,000 Expense $ 3,383,000 $ 2,275,000 $ 5,658,000 Ending Fund Balance $ 223,707 $ - $ 223,707 Alternatives: Do not authorize and provide alternative guidance Attachments: Ordinance. Page 5 of 119 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE 2021-2022 BIENNIAL BUDGET AS ADOPTED BY ORDINANCE NO. 035-20, AND AMENDED BY ORDINANCE NOS. 015-21 032-21, AND050-21; TO RECOGNIZE EXPENDITURES AND REVENUES NOT ANTICIPATED AT THE TIME OF THE ADOPTION OF THE 2021-2022 BIENNIAL BUDGET; PROVIDING FOR TRANSMITTAL TO STATE; PROVIDING FOR PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City of Port Orchard adopted its 2021 — 2022 Biennial Budget via Ordinance No. 035-20, which was previously amended by Ordinance No. 015-21, and Ordinance No. 032-21, and Ordinance No. 050-21; and WHEREAS, the City desires to keep current on necessary budget amendments; and WHEREAS, it is necessary to consider adjustments to accounts and/or funds by means of appropriation adjustments that could not have been anticipated at the time of passage of the 2021— 2022 Biennial Budget; and WHEREAS, the City Council adopted the 2021-2022 mid -biennial budget on October 26, 2021 and approved an estimated $2.5 million purchase for a future Community and Events Center site; and WHEREAS, 2021-2022 mid -biennial budget amendment provided for the revenue and expense of the purchase but did not provide for the flexibility for the City to cover the cashflow of the purchase; and WHEREAS, due to the timing of State of Washington and the Kitsap Public Facility District funding the City will need to cover the cashflow of the purchase and seek reimbursement; and WHEREAS, the mechanics of transfer to cover the cashflow were not included in the 2021-2022 mid -biennial budget amendment; and WHEREAS, the city will transfer up to $2.250 million from the current expense fund 001 to the capital project fund 302 to cover the timing of the purchase and when the reimbursement is received the fund 302 will transfer up to $2.250 million back to fund 001; and WHEREAS, 2021-2022 budget provided for the revenue and expense of work to be performed at Etta Turner Park for $40,000 with $25,000 coming from the recreation Page 6 of 119 Back to Agenda Ordinance No. Page 2 of 4 reserve account transferred from current expense fund 001 to fund 302; and WHEREAS, the Etta Turner Park project is coming to a close and will need an additional estimated $25,000 of expenditure authority as well as funding to complete the project; and WHEREAS, the City Council approves an additional expenditure authority from Fund 302 for Etta Turner Park up to $25,000 to be paid from the recreation reserve; and WHEREAS, the City will transfer up to $25,000 from the recreation reserve account in the current expense fund 001 to the capital projects fund 302 for Etta Turner Park up to $25,000 as needed to complete the project; and WHEREAS, the 2022 ending fund balance for the current expense 001 fund for the recreation reserve account will be reduced by $25,000; and WHEREAS, the City Finance Committee met on November 16, 2021, to review the proposed budget amendment and made a recommendation to approve; and WHEREAS, the City Council has considered the proposed budget amendments and finds that amendments authorized by this Ordinance are consistent with applicable laws and financial policies, and further the public's health, safety and welfare; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The 2021 — 2022 Biennial Budget, and enabling Ordinance No. 035-20, as amended by Ordinance No. 015-21, Ordinance No. 032-21 and Ordinance No. 050-21, is hereby amended to reflect the following: Page 7 of 119 Back to Agenda Ordinance No. Page 3 of 4 2021-2022 Biennial Budget Fund No. Fund Name Type Ord i na nce -035-20 Ord inance-050-21 Adjustment Ord i na nce -XXX-21 001 Current Expense Fund Revenue $ 26,069,100 $ 33,279,201 $2,250,000 $ 35,529,201 Expense $ 26,069,100 $ 33,279,201 '$2,250,000 $ 35,529,201 002 City Street Revenue $ 5,131,900 $ 7,601,171 $ $ 7,601,171 Expense $ 5,131,900 $ 7,601,171 $ $ 7,601,171 003 Stabilization Revenue $ 2,300,000 $ 2,693,687 $ $ 2,693,687 Expense $ 2,300,000 $ 2,693,687 $ $ 2,693,687 103 Criminal Justice Revenue $ 760,900 $ 869,508 $ $ 869,508 Expense $ 760,900 $ 869,508 $ $ 869,508 104 Special Investigative Unit Revenue $ 102,000 $ 105,797 $ $ 105,797 Expense $ 102,000 $ 105,797 $ $ 105,797 107 Community E\ents Revenue $ 400,000 $ 412,002 $ $ 412,002 Expense $ 400,000 $ 412,002 $ $ 412,002 108 Paths & Trails Revenue $ 12,900 $ 13,096 $ $ 13,096 Expense $ 12,900 $ 13,096 $ $ 13,096 109 Real Estate Excise Tax Revenue $ 4,854,000 $ 6,193,992 $ $ 6,193,992 Expense $ 4,854,000 $ 6,193,992 $ $ 6,193,992 111 Impact Fee Revenue $ 2,282,500 $ 4,006,467 $ $ 4,006,467 Expense $ 2,282,500 $ 4,006,467 $ $ 4,006,467 206 Bond Redemption Fund Revenue $ 598,200 $ 598,200 $ $ 598,200 Expense $ 598,200 $ 598,200 $ $ 598,200 302 Capital Construction Revenue $ 620,000 $ 3,606,707 $2,275,000 $ 5,881,707 Expense $ 620,000 $ 3,606,707 $2,275,000 $ 5,881,707 304 Street Capital Projects Revenue $ 4,328,100 $ 7,278,848 $ $ 7,278,848 Expense $ 4,328,100 $ 7,278,848 $ $ 7,278,848 401 Water -Sewer Utilities Revenue $ - $ - $ $ - Expense $ $ $ $ 403 Water -Sewer Cumulative Reserve Revenue $ $ $ $ Expense $ $ $ $ - 411 Water - Operations Revenue $ 8,504,400 $ 9,694,063 $ $ 9,694,063 Expense $ 8,504,400 $ 9,694,063 $ $ 9,694,063 412 Water - Stabilization Revenue $ 917,000 $ 950,216 $ $ 950,216 Expense $ 917,000 $ 950,216 $ $ 950,216 413 Water - Capital Projects Revenue $ 6,964,200 $ 7,419,754 $ $ 7,419,754 Expense $ 6,964,200 $ 7,419,754 $ $ 7,419,754 414 Water - Debt Service Revenue $ 840,250 $ 840,250 $ $ 840,250 Expense $ 840,250 $ 840,250 $ $ 840,250 421 Storm Drainage - Operations Revenue $ 5,076,900 $ 5,352,120 $ $ 5,352,120 Expense $ 5,076,900 $ 5,352,120 $ $ 5,352,120 422 Storm Drainage - Stabilization Revenue $ 503,300 $ 533,931 $ $ 533,931 Expense $ 503,300 $ 533,931 $ $ 533,931 423 Storm Drainage - Capital Projects Revenue $ 30,100 $ 99,113 $ $ 99,113 Expense $ 30,100 $ 99,113 $ $ 99,113 424 Storm Drainage - Debt Service Revenue $ 355,300 $ 355,300 $ $ 355,300 Expense $ 355,300 $ 355,300 $ $ 355,300 431 Sewer -Operations Revenue $ 12,659,200 $ 13,711,301 $ $ 13,711,301 Expense $ 12,659,200 $ 13,711,301 $ $ 13,711,301 432 Sewer - Stabilization Revenue $ 1,355,050 $ 1,422,016 $ $ 1,422,016 Expense $ 1,355,050 $ 1,422,016 $ $ 1,422,016 433 Sewer -Capital Projects Revenue $ 9,612,100 $ 20,566,150 $ $ 20,566,150 Expense $ 9,612,100 $ 20,566,150 $ $ 20,566,150 434 Sewer- Debt Service Revenue $ 550,000 $ 550,000 $ $ 550,000 Expense $ 550,000 $ 550,000 $ $ 550,000 500 ER&R Revenue $ 4,927,400 $ 5,271,030 $ $ 5,271,030 FxnenGa P 4 927 400 R 5 971.030 R R 5.971 030 Grand Total Revenuel $ 99,754,800 1 $ 133,423,920 $4,525,000 $ 137,948,920 Grand Total Expense $ 99,754,800 $ 133,423,920 $4,525,000 $ 137,948,920 Page 8 of 119 Back to Agenda Ordinance No. Page 4 of 4 SECTION 2. Transmittal. The City Clerk shall transmit a complete, certified copy of the amended budget as adopted to the state auditor and to the Association of Washington Cities per RCW 35.34.130. SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be 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 4. Corrections. Upon approval of the city attorney, the city clerk and the codifiers of this ordinance are authorized to make necessary technical corrections to this ordinance, including, without limitation, the correction of clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or section/subsection numbering. SECTION 5. Publication. This Ordinance shall be published by an approved summary consisting of the title. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. SECTION 6. Effective Date. This ordinance shall be in full force and effect five (5) days after posting and publication as required 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 23rd day of November 2021. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: SPONSOR: Charlotte Archer, City Attorney John Clauson, Councilmember PUBLISHED: EFFECTIVE DATE: Page 9 of 119 Agenda Item No.: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Business Item 7B Agenda Staff Report Meeting Date: Subject: Adoption of an Ordinance Clarifying the Authority of Certain Officials to Write Prepared by Civil Infractions Relating to Traffic Enforcement Atty Routing No Atty Review Date Back to Agenda November 23, 2021 Charlotte Archer City Attorney 366922-0012 — PD November 18, 2021 Summary: For a number of years, individuals holding "limited commissions", were authorized to exercise limited law enforcement authority to issue civil infractions related to Parking and Traffic Code Enforcement. ESSSB 5051, which took effect July 25th 2021, places limited commission officers under the accountability structure for peace officers, requiring them to become reserve officers of the commissioning law enforcement agency, fully employed by that agency and subject to the same regulatory framework as all peace officers for background screening, misconduct investigations, retention of investigative records and personnel files, and decertification. It appears that the legislature's intent was to ensure that limited commission officers are employed, supervised, and subject to the law enforcement policies and accountability structures for all peace officers. Under ESSSB 5051, the commissioning law enforcement agency has an enormous set of obligations specific to the accountability of the reserve officer, and these obligations are fulfilled by ensuring that the reserve officer is a law enforcement employee, subject to law enforcement policies, supervision and statutory reporting requirements to the Criminal Justice Training Commission (CJTC). As such, the Port Orchard Police Department is not able to continue employing limited commission officers for parking enforcement purposes without employing each of the individuals with a full commission. Parking enforcement staff do not need law enforcement commissions to enforce civil, traffic infractions. Non - sworn professional staff may be authorized to enforce violations of POMC Chapter 10.12. This ordinance clarifies this distinction, and reiterates that enforcement staff may issue civil infractions as part of those enforcement efforts. Recommendation: Staff recommends the City Council approve an Ordinance clarifying the authority of certain officials to write civil infractions relating to traffic enforcement. Motion for consideration: "I move to adopt an Ordinance, clarifying the authority of certain officials to write civil infractions relating to traffic enforcement." Fiscal Impact: N/A. Alternatives: Do not approve ordinance and provide alternative guidance. Attachments: Ordinance. Page 10 of 119 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, CLARIFYING THE AUTHORITY OF CERTAIN OFFICIALS TO WRITE CIVIL INFRACTIONS RELATING TO TRAFFIC ENFORCEMENT; AMENDING PORT ORCHARD MUNICIPAL CODE SECTION 2.16.030, AND CHAPTER 10.12; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, ESSSB 5051, which took effect July 25th 2021, places limited commission officers under the accountability structure for peace officers, requiring them to become reserve officers of the commissioning law enforcement agency, subject to law enforcement employment, supervision, policies and accountability; and WHEREAS, non -sworn police department professional staff, who do not have law enforcement authority, have a valid regulatory purpose in the issuance of civil infractions related to their governmental function; and WHEREAS, the City relies upon the enforcement functions of non -sworn police department professional staff for the health and safety of its citizens and to support the vital infrastructure of city government; and WHEREAS, the City has a strong governmental interest in ensuring the continuity of these services and the continued authority of these staff to enforce traffic infractions; and WHEREAS, the City Council finds that given the legislative changes under ESSB 5051, the City should clarify the authority of non -sworn police department professional staff to continue in their authority to issue civil infractions related to traffic enforcement; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Port Orchard Municipal Code 2.16.030 is hereby amended to read as follows: 2.16.030 Positions designated. In addition to the chief of police, the police department shall be staffed by regular commissioned personnel in such numbers and ranks as shall be deemed necessary by the city council pursuant to its adopted budget. The department may be supplemented by such support personnel, and non -sworn parking enforcement staff, as would be required to aid in the everyday operations of a police department. Such support personnel and non -sworn parking enforcement staff shall not be commissioned officers. Page 11 of 119 Back to Agenda Ordinance No. OXX Page 2of13 SECTION 2. Port Orchard Municipal Code 10.12.030 is hereby amended to read as follows: 10.12.030 Police administration. There is established in the police department of the city of Port Orchard a traffic division employing parking eRfeFc:emeRt effirsers non -sworn professional staff under the control of the chief of police, authorized to enforce traffic infractions. SECTION 3. Port Orchard Municipal Code 10.12.085 is hereby amended to read as follows: 10.12.085 Chain oarkine prohibited. It shall be unlawful for any person to move and repark any vehicle within two blocks of the original parking space in order to avoid the parking time limit regulation on Bay Street from Orchard Avenue to Harrison Avenue; Sidney Street from Prospect Street to the waterfront; and Frederick Avenue from Prospect Street to the waterfront. For purposes of this section, a "block" shall be defined as a city street or alley section located between consecutive intersections. Violation of this section is a Class C traffic paFking infraction. SECTION 4. Port Orchard Municipal Code 10.12.090 is hereby amended to read as follows: 10.12.090 Obedience to angle -parking signs or markings. (1) Upon those highways which have been signed or marked for angle -parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings. (WAC 308-330-430) (2) Violation of this section is a Class A traffic g infraction. SECTION 5. Port Orchard Municipal Code 10.12.100 is hereby amended to read as follows: 10.12.100 Police car zones. (1) When signs are erected by the city engineer giving notice thereof, no person shall stop, stand, or park a vehicle other than a police car or an parking enforcement vehicle in a police car zone when any such zone has been officially designated by the city engineer; except, the driver Page 12 of 119 Back to Agenda Ordinance No. OXX Page 3of13 of a passenger vehicle may temporarily stop there for the purpose of or while actually engaged in loading or unloading passengers when such stopping or standing does not interfere with any police car waiting to enter or about to enter such stop. (2) Violation of this section is a Class A traffic paFking infraction. CFrTInN A follows: 10.12.110 permit. Port Orchard Municipal Code 10.12.110 is hereby amended to read as Violation of narking in space for individuals with disabilities parkin It is a traffic paFkiRg infraction, with a monetary penalty as provided for in RCW 46.19.050(4), as amended, for any persons to park a vehicle in a parking place provided on private property without charge or on public property reserved for persons with physical disabilities without a special license plate or placard issued pursuant to RCW 46.19.050 or 46.19.070 or Chapter 46.19 RCW. If a person is charged with a violation, the person shall not be determined to have committed an infraction if the person produces in court or before the court appearance the special license plate or placard required under this section. In addition to any penalty or fine imposed under Chapter 46.19 RCW, $200.00 shall be assessed. SECTION 7. Port Orchard Municipal Code 10.12.120 is hereby amended to read as follows: 10.12.120 Yellow curbs. (1) Yellow painted curbs indicate no parking zones. No person shall park a vehicle adjacent to a painted yellow curb. (2) Violation of this section is a Class A traffic "a1�s infraction. SECTION 8. Port Orchard Municipal Code 10.12.130 is hereby amended to read as follows: 10.12.130 Parking not to obstruct traffic. (1) No person shall park a vehicle upon a highway in such a manner or under such conditions as to leave available less than 10 feet of the width of the roadway for free movement or vehicular traffic. (2) No person shall stop, stand, or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property. (WAC 308-330-433) Page 13 of 119 Back to Agenda Ordinance No. OXX Page 4 of 13 (3) Violation of this section is a Class A traffic g infraction. SECTION 9. Port Orchard Municipal Code 10.12.150 is hereby amended to read as follows: 10.12.150 Expired registrations. (1) No motor vehicle or trailer may park on city right-of-way without license plates with current registration tags attached to that license plate. (2) Violation of this section is a Class B traffic paFkiRg infraction. SECTION 10. Port Orchard Municipal Code 10.12.160 is hereby amended to read as follows: 10.12.160 Parking for certain purposes unlawful. (1) No person shall park any vehicle upon any highway for the purpose of: (a) Displaying advertising; (b) Displaying such vehicle for sale; (c) Selling merchandise from such vehicle, except when authorized. (2) No person shall park any vehicle upon any roadway for the principle purpose of washing, greasing, or repairing such vehicle except repairs necessitated by an emergency. (WAC 308-330-436) (3) Violation of this section is a Class A traffic Pa g infraction. SECTION 11. Port Orchard Municipal Code 10.12.170 is hereby amended to read as follows: 10.12.170 Inoperable automobiles. (1) No motor vehicle that is inoperable for such reasons as an inoperable engine, transmission failure, flat tire, missing windows, shattered windshield glass that impairs the driver's visibility, or other deficiency, shall park on city right-of-way for more than seven consecutive days. (2) Violation of this section is a Class A traffic paFkiRg infraction. SECTION 12. Port Orchard Municipal Code 10.12.180 is hereby amended to read as follows: Page 14 of 119 Back to Agenda Ordinance No. OXX Page 5of13 10.12.180 Obliterating tire markings. (1) It is unlawful to conceal, obliterate, or erase markings on vehicle tires where said markings were made by a parking enforcement officer for the purpose of recording the period of time a vehicle is stopped in a parking zone. (2) Violation of this section is a Class A traffic paFkiRg infraction. SECTION 13. Port Orchard Municipal Code 10.12.190 is hereby amended to read as follows: 10.12.190 Standing in passenger loading zone. (1) No person shall stop, stand, or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger loading zone during hours when the regulations applicable to the loading zone are effective, and then only for a period not to exceed three minutes. (WAC 308-330-439) (2) Violation of this section is a Class A traffic paFkiRg infraction. SECTION 14. Port Orchard Municipal Code 10.12.200 is hereby amended to read as follows: 10.12.200 Standing in loading zone. (1) No person shall stop, stand, or park a vehicle for any purpose or period of time other than for the expeditious unloading and delivery or pickup and loading of property in any place marked as a loading zone during hours when the provisions applicable to such zone are in effect. In no case shall the stop for loading and unloading of property exceed 30 minutes. (2) The driver of a vehicle may stop temporarily at a loading zone for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any vehicle which is waiting to enter or about to enter such zone to load or unload property. (WAC 308-330-442) (3) Violation of this section is a Class A traffic paFkiRg infraction. SECTION 15. Port Orchard Municipal Code 10.12.210 is hereby amended to read as follows: 10.12.210 Standing in a tow -away zone. Page 15 of 119 Back to Agenda Ordinance No. OXX Page 6 of 13 (1) No person shall stop, stand, or park a vehicle in a place marked as a tow -away zone during hours when the provisions applicable to such zone are in effect. (WAC 308-330-445) (2) Violation of this section is a Class A traffic paFking infraction. SECTION 16. Port Orchard Municipal Code 10.12.220 is hereby amended to read as follows: 10.12.220 Violating permits for loading or unloading at an angle to the curb. (1) It shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any permit issued by the traffic division for the backing of a vehicle to the curb for the purpose of loading or unloading property (WAC 308-330-448). (2) It shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any parking pass issued by the traffic division. (3) Violation of this section is a Class A traffic paFkiRg infraction. SECTION 17. Port Orchard Municipal Code 10.12.230 is hereby amended to read as follows: 10.12.230 Standing or parking on one-way roadways. (1) In the event a highway includes two or more separate roadways, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are erected to permit such standing or parking. (WAC 308-330-451) (2) Violations of this section is a Class A traffic g infraction. SECTION 18. Port Orchard Municipal Code 10.12.240 is hereby amended to read as follows: 10.12.240 Standing, stopping, and parking of buses and taxicabs regulated. (1) The operator of a bus shall not stand or park such vehicle upon any highway at any place other than a designated bus stop. This provision shall not prevent the operator of a bus from temporarily stopping in accordance with other stopping, standing, or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers and their baggage. Page 16 of 119 Back to Agenda Ordinance No. OXX Page 7 of 13 (2) The operator of a taxicab shall not stand or park such vehicle upon any highway at any place other than a designated taxicab stand. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping, standing, or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers and their baggage. (WAC 308-330-454) (3) Violation of this section is a Class A traffic PaFl(`"s" infraction. SECTION 19. Port Orchard Municipal Code 10.12.250 is hereby amended to read as follows: 10.12.250 Restricted use of bus stops and taxicab stands. (1) No person shall stop, stand, or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand when any such stop or stand has been officially designated and appropriately signed, except the driver of a passenger vehicle may temporarily stop there for the purpose of, or while actually engaged in, loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such stop or stand. (WAC 308-330-457) (2) Violation of this section is a Class A traffic paFkiRg infraction. SECTION 20. Port Orchard Municipal Code 10.12.260 is hereby amended to read as follows: 10.12.260 Rieht-of-wav for oarkine. (1) The driver of any vehicle who first begins driving or maneuvering his/her vehicle into a vacant parking space shall have a prior right-of-way to park in such place, and it shall be unlawful for another driver to attempt to deprive him/her thereof by blocking his/her access or otherwise. For the purpose of establishing right-of-way in this section it shall be considered proper to back into any but a front -in angle parking space. (WAC 308-330-460) (2) Violation of this section is a Class A traffic g infraction. SECTION 21. Port Orchard Municipal Code 10.12.270 is hereby amended to read as follows: 10.12.270 Stopping, standing and parking. (1) Except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or official traffic control device, no person shall: Page 17 of 119 Back to Agenda Ordinance No. OXX Page 8 of 13 (a) Stop, park, or leave standing any vehicle, whether attended or unattended, upon the roadway. (b) Stop, stand, or park a vehicle: (i) On the roadway side of any vehicle stopped or parked at the edge of a curb of a street; (ii) On a sidewalk, curb, or street planting strip; (iii) Within an intersection; (iv) On a crosswalk; (v) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic; (vi) Upon any bridge or other elevated structure upon a highway or within a highway tunnel; (vii) On any railroad tracks; or (viii) In the area between roadways of a divided highway including 14101-Y.1,MIM (c) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: (i) In front of a public or private driveway or within five feet of the end of the curb radius leading thereto; (ii) Within 15 feet of a fire hydrant; (iii) Within 20 feet of a crosswalk; (iv) Within 30 feet upon the approach to any flashing signal, stop sign, yield sign, or traffic control signal located at the side of a roadway; (v) Within 20 feet of the driveway entrance to any fire station and on the side of the street opposite the entrance to any fire station within 75 feet of said entrance when properly posted; or (vi) Within 15 feet of a clearly visible mailbox which is located directly adjacent to the curbside or right-of-way. (d) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers: (i) Within 50 feet of the nearest rail of a railroad crossing. (2) It shall be unlawful for any person to reserve or attempt to reserve any portion of a highway for the purpose of stopping, standing, or parking to the exclusion of any other like person, nor shall any person be granted such right. (3) Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within 12 inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder. Page 18 of 119 Back to Agenda Ordinance No. OXX Page 9of13 (4) Except when otherwise provided by this section, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within 12 inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within 12 inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder. (5) Subsections (1) through (4) of this section do not apply to the driver of any vehicle that is disabled in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the vehicle in such position. The driver shall nonetheless arrange for the prompt removal of the vehicle. (6) Violation of this section is a Class A traffic paFkiRg infraction. SECTION 22. Port Orchard Municipal Code 10.12.280 is hereby amended to read as follows: 10.12.280 Bicvcles — Parking. (1) No person shall park a bicycle upon a highway other than: (a) Off the roadway except in designated areas; (b) Upon the sidewalk in a rack to support the bicycle; (c) Against a building; or (d) In such manner as to afford the least obstruction to pedestrian traffic. (WAC 308-330-550) (2) Violation of this section is a Class A traffic PaFI(i"s" infraction. SECTION 23. Port Orchard Municipal Code 10.12.290 is hereby amended to read as follows: 10.12.290 Disposition of traffic infractions. (1) Failure to perform any act required or the performance of any act prohibited by this title is designated as a traffic infraction. (2) Non -sworn professional staff and A law enforcement officers #a-s have the authority to issue a notice of traffic infraction when the infraction is committed in the staff member or officer's presence or if an law enforcement officer investigating at the scene of a motor vehicle collision R has reasonable cause to believe that the driver of a motor vehicle involved in the collision R has committed a traffic infraction. Page 19 of 119 Back to Agenda Ordinance No. OXX Page 10 of 13 (3) A court may issue a notice of traffic infraction upon receipt of a written statement of the effiEie police department employee that there is reasonable cause to believe that an infraction was committed. (4) The Port Orchard Municipal Court has the authority to hear and determine traffic infractions pursuant to this chapter. SECTION 24. Port Orchard Municipal Code 10.12.300 is hereby amended to read as follows: 10.12.300 Notice of traffic infractions. (1) A notice of traffic infraction represents a determination that an infraction has been committed. The determination will be final unless contested as provided in this chapter. (2) The form for the notice of traffic infraction shall be prescribed by rule of the supreme court and shall include the following: (a) A statement that the notice represents a determination that a traffic infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this chapter; (b) A statement that a traffic infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction; that the penalty for a traffic infraction may include sanctions against the person's driver's license including suspension, revocation, or denial; that the penalty for a traffic infraction related to standing, stopping, or parking may include nonrenewal of the vehicle license; (c) A statement of the specific traffic infraction for which the notice was issued; (d) A statement of the monetary penalty established for the traffic infraction; (e) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options; (f) A statement that at any hearing to contest the determination the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed, and that the person may subpoena witnesses including the e#+Ee op lice department employee who issued the notice of infraction; Page 20 of 119 Back to Agenda Ordinance No. OXX Page 11of13 (g) A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction the person will be deemed to have committed the infraction and may not subpoena witnesses; (h) A statement that failure to appear at a hearing requested for the purpose of contesting the determination or for the purpose of explaining mitigating circumstances will result in the refusal of the department to renew the person's driver's license, or in the case of a standing, stopping, or parking violation the vehicle the vehicle license, until any penalties imposed pursuant to this chapter have been satisfied. SECTION 25. Port Orchard Municipal Code 10.12.330 is hereby amended to read as follows: 10.12.330 Hearings— Contesting determination that infraction committed —Appeal. (1) A hearing held for the purpose of contesting the determination that an infraction has been committed shall be without a jury. (2) The court may consider the notice of traffic infraction and any other written report made under oath submitted by the officer who issued the notice or whose written statement was the basis for the issuance of the notice in lieu of the effirer's op lice department employee's personal appearance at the hearing. The person named in the notice may subpoena witnesses, including the e#ice op lice department employee, and has the right to present evidence and examine witnesses present in court. (3) The burden of proof is upon the state to establish the commission of the infraction by a preponderance of the evidence. (4) After consideration of the evidence and argument the court shall determine whether the infraction was committed. Where it has not been established that the infraction was committed an order dismissing the notice shall be entered in the court's records. Where it has been established that the infraction was committed an appropriate order shall be entered in the court's records. A record of the court's determination and order shall be furnished to the department in accordance with RCW 46.20.270 as now or hereafter amended. (5) An appeal from the court's determination or order shall be to the superior court. The decision of the superior court is subject only to discretionary review pursuant to Rule 2.3 of the Rules of Appellate Procedure. SECTION 26. Port Orchard Municipal Code 10.12.410 is hereby amended to read as follows: Page 21 of 119 Back to Agenda Ordinance No. OXX Page 12of13 10.12.410 Infraction Citation on illegally parked vehicle. Whenever any motor vehicle without driver is found parked, standing, or stopped in violation of this chapter, the e4iie op lice department employee finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a traffic infractioneitation. SECTION 27. Port Orchard Municipal Code 10.12.470 is hereby amended to read as follows: 10.12.470 Habitual offenders. A person shall be guilty of being an habitual offender when their vehicle received three or more parking tickets within a calendar month. Every month, the city shall review the record of infractions issued in the previous month. Registered owners of vehicles which have received three or more infractions within the previous calendar month shall be sent a certified letter advising them of the fines as an habitual offender. This letter shall list the specific dates and infractions that apply to this offense and shall notify the registered owner. Violation of this section is a Class C traffic paFkiRg infraction. SECTION 28. Port Orchard Municipal Code 10.12.475 is hereby amended to read as follows: 10.12.475 Impoundment of vehicles with unpaid tickets. When a vehicle is parked in a public right-of-way or on other publicly owned or controlled property in violation of any law, ordinance, or regulation and there are four or more traffic g infractions issued against the vehicle for each of which (1) a person has failed to respond, failed to appear at a requested hearing, or failed to pay an adjudicated traffic g infraction, and (2) at least 45 days have elapsed from the filing of the notice of infraction, then the vehicle may be impounded pursuant to Chapter 10.72 POMC without prior notice. The registered owner of the vehicle shall be responsible for payment of all towing and storage fees. The vehicle shall not be released to any person until all towing and storage fees and all penalties, fines or forfeitures owed by the registered owner have been satisfied. Any person seeking to redeem a vehicle impounded under this section shall have a right to a municipal court hearing pursuant to POMC 10.72.040(4). SECTION 29. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. Page 22 of 119 Back to Agenda Ordinance No. OXX Page 13of13 SECTION 30. This ordinance shall be posted and published as required by law, and shall be effective and in full force five (5) days following publication. A summary of this ordinance 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 Clerk in authentication of such passage this 23rd day of November 2021. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: Sponsored by: Charlotte A. Archer, City Attorney Bek Ashby, Councilmember PUBLISHED: EFFECTIVE DATE: Page 23 of 119 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 7C Adoption of an Ordinance Amending POMC 13.04 (Water and Sewer) Regarding Water and Sewer Capital Facility Charges Back to Agenda Meeting Date: November 23, 2021 Prepared by: Nick Bond Atty Routing No. Atty Review Date DCD Director N/A N/A Summary: The City of Port Orchard has codified its requirements (POMC 13.04 — Water and Sewer) for assessing water and sewer capital facility charges ("CFCs"), exceptions, and credits. Amendments have recently been made to POMC 13.04 (Ordinance Nos. 018-2021 and 036-2021), and additional subsequent revisions to this chapter are needed to resolve inconsistencies from the prior amendments, to create a credit agreement process for utilizing the CFC credit option, to ensure that the updated code is consistent with the terms of prior agreements for water credits and with the City's agreement to purchase the McCormick Water Company, to ensure that water and sewer main extensions are treated equally, and to document 2021 rate adjustments according to the Consumer Price Index. Relationship to Comprehensive Plan: N/A Recommendation: Staff recommends that the City Council approve an Ordinance amending POMC Sections 13.04.025, 13.04.030, 13.04.043 and 13.044, regarding amendments to the City's water and sewer capital facility charges. Motion for consideration: "I move that the City adopt an Ordinance amending POMC Sections 13.04.025, 13.04.030, 13.04.043 and 13.044, regarding amendments to the City's water and sewer capital facility charges. " Fiscal Impact: The proposed ordinance provide a CPI based fee increase while also providing credits to developers who construct planned water improvements. The credit program is expected to save the city money by eliminating the overhead associated with the city's management of water system improvement projects. Alternatives: Revise the proposed Ordinance; do not revise POMC 13.04. Attachments: Ordinance, Ordinance showing Redline Changes Page 24 of 119 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO THE WATER AND SEWER CAPITAL FACILITY CHARGES (CFC), THE EXCEPTIONS THERETO AND THE AVAILABILITY OF OBTAINING A CREDIT FOR DEVELOPMENT AND CONSTRUCTION OF PROJECTS ON THE CITY'S WATER CAPITAL FACILITIES LIST; AMENDING PORT ORCHARD MUNICIPAL CODE (POMC) SECTION 13.04.030 TO CLARIFY CREDIT REQUIREMENTS, AMENDING POMC SECTION 13.04.025 FOR HOUSEKEEPING AMENDMENTS; ADDING NEW SECTIONS 13.04.043 AND 13.04.044 TO THE POMC REGARDING SEWER MAIN FRONT FOOTAGE CHARGES AND SEWER MAIN AGREEMENT IN LIEU OF ASSESSMENT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Port Orchard charges a Water Capital Facility Charge (Water CFC), levied upon new connections, changes in use, and building modifications which increase the total number of ERUs connected to the City's water utility; and WHEREAS, the City recently updated the City's Sewer CFC and Water CFC rates following detailed rate studies; and WHEREAS, following that project, the City audited the exceptions the City permits to the Water CFC and Sewer CFC, and, in particular, audited the methodology utilized for determining whether an exception is triggered; and WHEREAS, the City Council adopted Ordinance No. 036-2021 on July 27, 2021 to update chapter 13.04 POMC; and WHEREAS, the City Council adopted Ordinance No. 018-2021 on August 17, 2021, to make additional changes to chapter 13.04 POMC; and WHEREAS, as part of that update, the Council amended POMC 13.04.025, however, the Code reviser has refused to remove a table entitled "Water Capital Facility Charge Nonresidential — Based on Meter Size" that the Council intentionally deleted, therefore clarification about that deletion is required so that the code will match the legislation passed by the City Council; and WHEREAS, additional revisions to section 13.04.030 POMC are needed to create a credit agreement process for utilizing the CFC credit option and to ensure that the updated code is consistent with the terms of prior agreements for water credits and with the City's agreement to purchase the McCormick Water Company; and WHEREAS, additional changes are needed to ensure that water and sewer main extensions are treated equally; and Page 25 of 119 Back to Agenda Ordinance No. Page 2 of 14 WHEREAS, consistent with POMC 13.04.065, on October 1, 2021, all capital facility charges, connection fees, and fees in lieu of assessment, but excluding water and sewer rates, were automatically adjusted based upon the All Urban Consumers Price Index for the Seattle -Tacoma - Bremerton area as published by the U.S. Department of Labor, Bureau of Labor Statistics, for the prior June, and by this Ordinance that rate adjustment is memorialized in POMC 13.04.025; and WHEREAS, the City Council finds that the amendments herein are consistent with goals and policies of the City's Comprehensive Plan and related regulations, and serve the public health, safety, and general welfare of the citizens of Port Orchard; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Section 13.04.025 of the Port Orchard Municipal Code is hereby amended to read as follows: 13.04.025 Fee schedule. (1) The fees set forth below are referenced in POMC 13.04.030, 13.04.033, 13.04.035 and 13.04.040. Water Sewer Connection Fees Water Capital POMC Facility Charge 13.04.030(1)(a) Per ERU (except $ 12,207.41 irrigation) Irrigation — Per meter $ 12,207.41 Water Inspection Fee POMC 13.04.030(7) and 13.04.033(3) Per Meter $111.37 Connection POMC 13.04.033(1) Fees/Labor Installation Fees 3/4" $1,174.99 Page 26 of 119 Back to Agenda Ordinance No. Page 3 of 14 Water Sewer Connection Fees 1" $1,410.00 1-1/2" $1,762.49 2" $2,349.99 Larger Estimated case by case Water Main Front Footage Charge POMC 13.04.035 Per Front Foot $117.50 Sewer Main Front Footage Charge POMC 13.04.043 Per Front Foot $117.50 Sewer Capital Facility POMC 13.04.040(2) Charge, consisting of both: Sewer Wastewater POMC 13.04.040(2) Treatment Facility Fee Per ERU $3,795.23 McCormick Land Co. $929.72 Div. 1-10 per ERU General Facility Fee POMC 13.04.040(2) Per ERU $8,993.88 Sewer Inspection Fee POMC 13.04.040(8) Per Lateral Connection $111.37 (2) The fees set forth below are referenced in POMC 13.04.050, 13.04.055, and 13.04.120. Billing and Miscellaneous Charges Page 27 of 119 Back to Agenda Ordinance No. Page 4 of 14 Billing Charges POMC 13.04.050 Water/Sewer $10.00 Delinquency Notice at Location Water Shutoff Fee $40.00 Meter Turn -Off $250.00 Violations (as Determined by City) Damaging the Utility POMC 13.04.120 System Violation Fine (as $250.00 Determined by the City) Miscellaneous POMC 13.04.055 Charges After Hours Turn- $75.00 On/Shutoff Notification to $10.00 Tenant of Water Shutoff per Hold Harmless Agreement Service Fee for $20.00 Estimated or Final Billing Closing Requests (3) The fees set forth below are referenced in POMC 13.04.031 and 13.04.045. Water Plan Review Fees Review POMC 13.04.031 Main Extension Review $0.30 Page 28 of 119 Back to Agenda Ordinance No. Page 5 of 14 Water Plan Review Fees Per lineal foot of main Pump Station Review $300.00 Significant Facility Review* Consultant fee** plus 10% Sewer Plan Review Fees Review POMC 13.04.045 Main Extension $0.30 Review Per lineal foot of main Pump Station Review $300.00 Significant Facility Consultant fee** plus Review* 10% Water Inspection Fees Inspection POMC 13.04.031 Main Extension $1.25 Inspection Per lineal foot of main Pump Station $600.00 Inspection Significant Facility Consultant fee** plus Inspection* 10% Sewer Inspection Fees Inspection POMC 13.04.045 Main Extension $1.50 Page 29 of 119 Back to Agenda Ordinance No. Page 6 of 14 Sewer Inspection Fees Inspection Per lineal foot of main Pump Station $600.00 Inspection Significant Facility Consultant fee** plus Inspection* 10% * Significant facilities include improvements such as sewer lift station construction or enlargement, force main construction, water system storage tanks, well construction, and water treatment facilities. ** This review and inspection shall be performed by the city's water or sewer consultant under contract with the city for services of this type. SECTION 2. Section 13.04.030 of the Port Orchard Municipal Code is hereby amended to read as follows: 13.04.030 Water Capital Facility Charge (1) The water capital facility charge is designed to mitigate the impact of new demands on the existing water system and to require new users to pay their fair share of the value of the water system including, but not limited to, water supply, treatment, transmission, storage, and distribution facilities. The water capital facility charge applies to new construction, changes in use, and building modifications which increase the total number of equivalent residential units (ERUs). An ERU is 180 gallons per day for nonresidential connections. The ERU consumption is based upon metered water consumption or comparison to similar accounts when metered water consumption data is not readily available. Prior to connecting to the city's water system the property owner shall pay, in addition to other applicable charges, the applicable water capital facility charge. (a) The water capital facility charge for a residential or non residential_connection is based on a set fee per ERU which is set forth in POMC 13.04.025. An ERU for residential connections is one single-family dwelling unit, whether detached or attached and configured as an apartment unit, condominium unit, townhouse unit, or any other configuration. (b) Reserved. (c) When a building contains a mix of uses (residential and nonresidential) the water Page 30 of 119 Back to Agenda Ordinance No. Page 7 of 14 capital facility charge is based on a sum of the applicable ERUs as calculated by the City. (d) Irrigation meters are charged a set fee which is set forth in POMC 13.04.025. (e) Legally established accessory uses (such as accessory dwelling units, family -day care, home occupation, or home business) to the Household Living land use code as defined in POMC 20.39.100, shall not be included in the CFC calculation provided that an accessory use meets the following criteria: (i) For accessory dwelling units, the accessory dwelling unit is less than 1,000 square feet in floor area and is served by the same water meter as the principal dwelling. (ii) The accessory use, if not an accessory dwelling unit, is expected to use less than 180 gallons of water per day. (f) The public works director or designee is authorized to waive the connection fee of the water systems which do not impact the fire flow storage requirements of the city. All other fees, charges and expenses shall be paid as in accordance with this chapter. Examples of these connections are fire protection systems and relocating service lines which cross private property. (2) If, after connection of a nonresidential service, the actual water usage has increased or the property use expanded so that there are a greater number of ERUs being used on the property than for which the water capital facility charge was paid, the property owner shall pay to the city an additional water capital facility charge based upon the new or expanded use. The additional water capital facility charge shall be based upon the charge rate in effect at the time the increase in use is requested and/or detected, whichever first occurs. (3) Water Capital Facility Charge — Exception for Redevelopment or Change of Use. Property owners may apply to receive a partial or a full exception to the assessment of the water capital facility charge, provided all of the following requirements must be met to qualify for a partial or full exception: (a) Property owners must submit an application for a partial or a full exception on the City's application form prior to the issuance of any land use or development permits which change the use or development of the property; and (b) A nonresidential or residential account has maintained a connection to the city's water system and paid a minimum base fee as applicable; and Page 31 of 119 Back to Agenda Ordinance No. Page 8 of 14 (c) Sometime after the original connection, the property owner decides to construct a new building, change the original use, or modify the original building; and (d) For a full exception, after the building improvements are completed, or new use implemented, the total calculated ERU for the account will be equal to or less than the ERU number calculated by the city under the prior use or development consistent with this section. A partial exception is applicable when the new ERU calculation is larger than the existing ERU calculation. In such case the city will establish the prior calculated ERU which will be used as the basis for a credit toward the water capital facilities charge. (4) Local Improvement District Credit; application. A credit against the water capital facility charge may be applied for those property owners that paid their assessments in full through a local improvement district formed by the city where such local improvement district is formed to finance the construction of any of the improvements that are a basis for calculating the value of the water capital facility charge. The credit shall be equal to that portion of the property owner's principal assessment, not including interest and penalties, which is directly applicable to the construction of the improvements that are a basis for calculating the value of the capital facility charge. The credit shall be applied at the time of payment of the water capital facility charge and shall not be used to reduce any assessments in the local improvement district. (5) Existing Credit Agreements. A credit against all or a portion of the capital facility charge may be applied to properties that are bound by a development agreement or other agreement with the City that pre -dates this ordinance and which establishes credits for the water capital facility charge applicable to that property. (6) Request for CFC Credit. Upon petition to the City Engineer by the property owner or developer, a credit against the water capital facility charge (CFC) may be applied for those property owners or developers that construct, at their own expense and with the city's advance agreement, any of the improvements that are a basis for calculating the value of the water capital facility charge and which result in upsized capacity over that which is required to serve their development. However, for development within McCormick Woods and McCormick West, a property owner may apply for a credit for any improvements that are the basis for calculating the value of the water capital facility charge regardless of whether there is excess capacity provided. (7) The credit described in subsection 6 above is also available e-r-for those property owners that pay a latecomer's fee toward those same improvements. The amount of such credit shall not exceed the total payments made as latecomer's fees. (8) Credit Agreement. In order to obtain a CFC credit, the Credit amount and applicability shall be memorialized in a CFC Credit Agreement or Development Agreement consistent with this Section. Page 32 of 119 Back to Agenda on: Ordinance No. Page 9 of 14 (a) The value of the credit shall be determined by the city engineer and shall be based (1) conformance of the work with the city's Water System Plan, and (2) shall be proportional to the additional capacity provided by the planned capital improvement, except in the area described in subsection 6 above, and (3) the credit shall be limited to the development identified in the initial credit request that installed the upsized or additional infrastructure. The agreement may allow for phased projects. (b) Alternatively, the value of the credit shall be the amount paid as a latecomer fee towards the improvement(s). (c) The total credit, if any, as provided in this section shall not exceed the amount of the total CFC due and payable to the water utility. (d) The full actual costs of drafting and processing the CFC agreement shall be reimbursed by the owner or applicant prior to final city council action on the agreement, to such extent that the actual costs exceed the initial application fee. (e) Nothing in a CFC credit agreement shall limit the city's ability to adjust the CFC due at the time of building permit issuance. (f) The process for approving a CFC credit shall be as follows: (1) The developer shall request a credit in writing in conjunction with permit submittal or a pending permit application and include the following eligibility information in their request: A. Identification of the project proposed for construction as listed in the city's Water Capital Facility Charge calculation and the cost for that project as it appears in the CFC study. (2) The city may create an application form to accompany credit requests. (3) Upon verification of eligibility, the director shall prepare a CFC credit agreement (unless a development agreement is being sought) for city council consideration and approval. Page 33 of 119 Back to Agenda Ordinance No. Page 10 of 14 (4) The CFC credit agreement or Development Agreement may allow the deferral of CFC charges pending completion of the facility to be constructed by the developer in exchange for credit in rare circumstances (such as when building construction subject to CFC payment/credit and water facility construction occur concurrently), at the sole discretion of the city. In such cases, the agreement shall stipulate that no certificates of occupancy shall be granted prior to substantial completion of the facility and/or payment of the CFC unless a performance bond is in place. This deferral is allowed because the total amount of CFCs owed to the city may not be known prior to project completion and verification of construction costs. Where credit amounts are anticipated to be less that the total CFCs owed to the city, the agreement shall stipulate that a partial payment be made towards the CFCs owed for a project. The city council may require a performance bond if deferral is allowed. (5) Credit shall not be granted until the director has deemed the capital project as completed (with costs certified) unless a performance bond has been provided to assure project completion. Provided, however, that for significant projects or multiple projects, the City may enter into an agreement to provide credits after a certain amount of expense by the property owner or developer provided that the city retains authority to deny certificates of occupancy or to require another mechanism to ensure completion of the project. (6) Project completion shall not occur until: A. The city deems it substantially complete; and B. All punch list items are completed to the satisfaction of the city; and C. The facility passes final inspection; and D. The developer has put a two-year warranty and maintenance bond in place; and E. The city releases the performance bond (if applicable); and F. The developer has completed all property dedications; and G. The developer has provided the city with the certified construction costs (stamped by licensed engineer) to the city for determination of the maximum credits available under this Page 34 of 119 Back to Agenda Ordinance No. Page 11 of 14 agreement. The director shall have the authority to approve or reject project costs and may request additional information in support of certified construction costs; and H. The developer has provided the city with a bill of sale for the improvements; and I. The city council accepts the project as public. (7) The city will confirm completeness of the project by issuing a final notice of completeness to the developer. (8) Upon certification of completeness, the developer shall pay any balance owed for CFCs within 90 days or prior to the city's issuance of a certificate of occupancy, whichever occurs first. (9) The City Council may require the CFC credit agreement to prorate CFC credits across all lots or units in a development when the amount of CFCs owed by the developer exceeds the amount of credit requested. (10) The above provisions notwithstanding, the amount of credit shall not exceed the amount of the water capital facility fee for the property to which the credit is being applied and shall not exceed the certified construction costs for the projects constructed pursuant to an agreement. (11) At the time the water capital facility charge is paid, a water inspection fee shall be paid. The water inspection fee is set forth in POW 13.04.025. (12) All materials shall comply with the requirements of the city. If the city supplies any materials, the cost of these plus overhead and sales tax will be paid by the customer or property owner. (13) The exceptions and credits described above shall not apply to any costs of construction incurred or payments made to the city for improvements that are a basis for the value of the capital facility charge and that were made twenty (20) years or more prior to the date the property owner requests the exception or credit. For projects completed after August 1, 2021, no credits are available unless requested and granted by agreement in accordance with this Section. (14) The City Council may, in its discretion, enter into an agreement that varies from the Page 35 of 119 Back to Agenda Ordinance No. Page 12 of 14 provisions of this Section when supported by written findings. (15) The credits described above shall have an expiration date of twenty (20) years after the date of project completion, or the execution date for the credit agreement or development agreement, whichever date occurs first. After credits expire, they will no longer be available to property owners to offset CFC charges. SECTION 3. A new Section 13.04.043 is hereby added to the Port Orchard Municipal Code to read as follows: 13.04.043 Sewer main front footage charge. (1) Where all or a portion of the premises to be served has not been previously assessed or contributed its share towards the cost of installing a permanent sewer main to serve such premises, sewer service shall be provided upon payment of a sewer main front footage charge as provided for in this section, in addition to the sewer capital facility charge and connection fees set forth in POMC 13.04.025. (2) The sewer main front footage charge shall be based on the frontage of the property served, as determined by the public works director. Properties situated on corner lots abutting utility mains on two sides shall have the front footage charge computed by averaging the two sides. The charge shall be charged per front foot as set forth in POMC 13.04.025. (3) Sewer main front footage charges shall be charged on new accounts unless partially or fully exempted as explained below: (a) The property has previously paid its share of a local sewer main as part of a local improvement district and there are records to verify this; or (b) The property has extended the local sewer main as required by the city and paid all costs associated with the extension; or (c) The property has paid its equitable share of the cost of a previously installed local sewer main pursuant to a latecomer's agreement; or (4) If a property owner requests an exemption as described above, the director of public works or designee shall make an administrative determination regarding the applicability, amount of the exemption, and shall execute the agreement based on those determinations. The decision may be appealed to the hearing examiner. SECTION 4. A new Section 13.04.044 is hereby added to the Port Orchard Municipal Code to read as follows: 13.04.044 Sewer main agreement in lieu of assessment. (1) Where all or a portion of the premises to be served does not abut a sewer main, sewer Page 36 of 119 Back to Agenda Ordinance No. Page 13 of 14 service may be provided upon execution of an agreement for sewer main in lieu of assessment, whereby the property owner agrees to the following, among other terms set by the public works director, and performance of all obligations under the agreement: (a) Property owner will pay its share of a local sewer main as part of a local improvement district; or (b) Property owner will extend the local sewer main as required by the city and pay all costs associated with the extension; or (c) Property owner will pay its equitable share of the cost of an installed local sewer main pursuant to a latecomer's agreement or other agreement; or (d) Property owner will pay a sewer main front footage fee. (2) If a property owner requests an agreement for sewer main in lieu of assessment as described above, the director of public works or designee shall make an administrative determination regarding the eligibility and terms for an agreement. The director's decision may not be appealed. Approval of the agreement is the discretion of city council. SECTION S. Map of McCormick Woods and McCormick West. A map which illustrates the area referenced in POMC 13.04.030(6) as the "development within McCormick Woods and McCormick West" is hereby attached to this Ordinance as Exhibit A and incorporated herein by this reference. Such map shall remain on file with this Ordinance for reference but shall not be codified. SECTION 6. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 7. 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 8. Effective Date. This ordinance shall be posted and published as required by law and shall be effective and in full force five (5) days following publication. A summary of this ordinance may be published in lieu of publishing the ordinance in its entirety. Page 37 of 119 Back to Agenda Ordinance No. Page 14 of 14 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 23rd day of November 2021. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: SPONSOR: Charlotte A. Archer, City Attorney Cindy Lucarelli, Councilmember PUBLISHED: EFFECTIVE DATE: Page 38 of 119 Back to Agenda ORDINANCE NO. XXX-21 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO THE WATER AND SEWER CAPITAL FACILITY CHARGES (CFC), THE EXCEPTIONS THERETO AND THE AVAILABILITY OF OBTAINING A CREDIT FOR DEVELOPMENT AND CONSTRUCTION OF PROJECTS ON THE CITY'S WATER CAPITAL FACILITIES LIST; AMENDING PORT ORCHARD MUNICIPAL CODE (POMC) SECTION 13.04.030 TO CLARIFY CREDIT REQUIREMENTS, AMENDING POMC SECTION 13.04.025 FOR HOUSEKEEPING AMENDMENTS; ADDING NEW SECTIONS 13.04.043 AND 13.04.044 TO THE POMC REGARDING SEWER MAIN FRONT FOOTAGE CHARGES AND SEWER MAIN AGREEMENT IN LIEU OF ASSESSMENT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Port Orchard charges a Water Capital Facility Charge (Water CFC), levied upon new connections, changes in use, and building modifications which increase the total number of ERUs connected to the City's water utility; and WHEREAS, the City recently updated the City's Sewer CFC and Water CFC rates following detailed rate studies; and WHEREAS, following that project, the City audited the exceptions the City permits to the Water CFC and Sewer CFC, and, in particular, audited the methodology utilized for determining whether an exception is triggered; and WHEREAS, the City Council adopted Ordinance No. 036-2021 on July 27, 2021 to update chapter 13.04 POMC; and WHEREAS, the City Council adopted Ordinance No. 018-2021 on August 17, 2021, to make additional changes to chapter 13.04 POMC; and WHEREAS, as part of that update, the Council amended POMC 13.04.025, however, the Code reviser has refused to remove a table entitled "Water Capital Facility Charge Nonresidential — Based on Meter Size" that the Council intentionally deleted, therefore clarification about that deletion is required so that the code will match the legislation passed by the City Council; and WHEREAS, additional revisions to section 13.04.030 POMC are needed to create a credit agreement process for utilizing the CFC credit option and to ensure that the updated code is consistent with the terms of prior agreements for water credits and with the City's agreement to purchase the McCormick Water Company; and WHEREAS, additional changes are needed to ensure that water and sewer main extensions are treated equally; and Page 1 of 14 1428719.12 - 366922 -0013 Page 39 of 119 Back to Agenda Ordinance No. OXX Page 2of14 WHEREAS, consistent with POMC 13.04.065, on October 1, 2021, all capital facility charges, connection fees, and fees in lieu of assessment, but excluding water and sewer rates, were automatically adjusted based upon the All Urban Consumers Price Index for the Seattle -Tacoma - Bremerton area as published bythe U.S. Department of Labor, Bureau of Labor Statistics, forthe prior June, and by this Ordinance that rate adjustment is memorialized in POMC 13.04.025; and WHEREAS, the City Council finds that the amendments herein are consistent with goals and policies of the City's Comprehensive Plan and related regulations, and serve the public health, safety, and general welfare of the citizens of Port Orchard; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Section 13.04.025 of the Port Orchard Municipal Code is hereby amended to read as follows: 13.04.025 Fee schedule. (1) The fees set forth below are referenced in POMC 13.04.030, 13.04.033, 13.04.035 and 13.04.040. Page 2of14 1428719.12 - 366922 -0013 Water Sewer Connection Fees Water Capital POMC Facility Charge 13.04.030(1)(a) Per ERU (except $11,57-1- 12,207.41 irrigation) Irrigation — Per meter $11,571 12,207.41 Lei. teF Capi F- c-ility Charge R;i;pd an h4ptPr Size PORAC z nn 930(1W u i $1-9, 324 $38n i 531 $ r�3 Page 40 of 119 Back to Agenda Page 3 of 14 1428719.12 - 366922 -0013 Water Sewer Connection Fees 3L $115,710 4—' $ i 9 Irrin-+ � AID , fee et*e Water Inspection Fee POMC 13.04.030(7) and 13.04.033(3) Per Meter $111.37 Connection Fees/Labor Installation Fees POMC 13.04.033(1) 3/4" $1,'� '�31,174.99 1" $1,9966.4- 1,410.00 1-1/2" $1,�=1,762.49 2" $2,'z7r.492,349.99 Larger Estimated case by case Water Main Front Footage Charge POMC 13.04.035 Per Front Foot $111.37-117.50 Sewer Main Front POMC 13.04.043 Footage Charge Per Front Foot 117.50 Sewer Capital Facility POMC 13.04.040(2) Charge, consisting of both: Sewer Wastewater POMC 13.04.040(2) Treatment Facility Fee Ordinance No. OXX Page 3 of 14 Page 41 of 119 Back to Agenda Ordinance No. OXX Page 4 of 14 Water Sewer Connection Fees Per ERU $3,9-/.3-/3,795.23 McCormick Land Co. Div. 1-10 per ERU $883.25929.72 General Facility Fee POMC 13.04.040(2) Per ERU $8 8,993.88 Sewer Inspection Fee POMC 13.04.040(8) Per Lateral Connection $111.37 (2) The fees set forth below are referenced in POMC 13.04.050, 13.04.055, and 13.04.120. Page 4 of 14 1428719.12 - 366922 -0013 Billing and Miscellaneous Charges Billing Charges POMC 13.04.050 Water/Sewer $10.00 Delinquency Notice at Location Water Shutoff Fee $40.00 Meter Turn -Off $250.00 Violations (as Determined by City) Damaging the Utility POMC 13.04.120 System Violation Fine (as $250.00 Determined by the City) Miscellaneous POMC 13.04.055 Charges After Hours Turn- $75.00 On/Shutoff Page 42 of 119 Back to Agenda Ordinance No. OXX Page 5 of 14 Notification to $10.00 Tenant of Water Shutoff per Hold Harmless Agreement Service Fee for $20.00 Estimated or Final Billing Closing Requests (3) The fees set forth below are referenced in POMC 13.04.031 and 13.04.045. Page 5 of 14 1428719.12 - 366922 -0013 Water Plan Review Fees Review POMC 13.04.031 Main Extension $0.30 Review Per lineal foot of main Pump Station Review $300.00 Significant Facility Consultant fee** plus Review* 10% Sewer Plan Review Fees Review POMC 13.04.045 Main Extension $0.30 Review Per lineal foot of main Pump Station Review $300.00 Significant Facility Consultant fee** plus Review* 10% Water Inspection Fees Inspection POMC 13.04.031 Page 43 of 119 Back to Agenda Ordinance No. OXX Page 6 of 14 Water Inspection Fees Main Extension $1.25 Inspection Per lineal foot of main Pump Station $600.00 Inspection Significant Facility Consultant fee** plus Inspection* 10% Sewer Inspection Fees Inspection POMC 13.04.045 Main Extension $1.50 Inspection Per lineal foot of main Pump Station $600.00 Inspection Significant Facility Consultant fee** plus Inspection* 10% * Significant facilities include improvements such as sewer lift station construction or enlargement, force main construction, water system storage tanks, well construction, and water treatment facilities. ** This review and inspection shall be performed by the city's water or sewer consultant under contract with the city for services of this type. SECTION 2. Section 13.04.030 of the Port Orchard Municipal Code is hereby amended to read as follows: 13.04.030 Water Capital Facility Charge (1) The water capital facility charge is designed to mitigate the impact of new demands on the existing water system and to require new users to pay their fair share of the value of the water system including, but not limited to, water supply, treatment, transmission, storage, and distribution facilities. The water capital facility charge applies to new construction, changes in Page 6 of 14 1428719.12 - 366922 -0013 Page 44 of 119 Back to Agenda Ordinance No. OXX Page 7 of 14 use, and building modifications which increase the total number of equivalent residential units (ERUs). An ERU is 180 gallons per day for nonresidential connections. The ERU consumption is based upon metered water consumption or comparison to similar accounts when metered water consumption data is not readily available. Prior to connecting to the city's water system the property owner shall pay, in addition to other applicable charges, the applicable water capital facility charge. (a) The water capital facility charge for a residential or nonresidential connection is based on a set fee per ERU which is set forth in POMC 13.04.025. An ERU for residential connections is one single-family dwelling unit, whether detached or attached and configured as an apartment unit, condominium unit, townhouse unit, or any other configuration. (b) Reserved. The 4.vate.r eiapital fac;i1ity ,:haF e feF sidential eetien is based en a set fee per €R1' ,gherc i 'S-Set�th in PQMC 13-04.02� _-09T,T Z ITT,-m,T .� � . � 7 . (c) When a building contains a mix of uses (residential and nonresidential) the water capital facility charge is based on a sum of the applicable ERUs as calculated by the t (d) Irrigation meters are charged a set fee which is set forth in POMC 13.04.025. (e) Legally established accessory uses (such as accessory dwelling units, family -day care, home occupation, or home business) to the Household Living land use code as defined in POMC 20.39.100, shall not be included in the CFC calculation provided that an accessory use meets the following criteria: (i) For accessory dwelling units, the accessory dwelling unit is less than 1,000 square feet in floor area and is served by the same water meter as the principal dwelling. (ii) The accessory use, if not an accessory dwelling unit, is expected to use less than 180 gallons of water per day. (f) The public works director or designee is authorized to waive the connection fee of the water systems which do not impact the fire flow storage requirements of the city. All other fees, charges and expenses shall be paid as in accordance with this chapter. Examples of these connections are fire protection systems and relocating service lines which cross private property. (2) If, after connection of a nonresidential service, the actual water usage has increased or the property use expanded so that there are a greater number of ERUs being used on the property than for which the water capital facility charge was paid, the property owner shall pay to the Page 7 of 14 1428719.12 - 366922 -0013 Page 45 of 119 Back to Agenda Ordinance No. OXX Page 8 of 14 city an additional water capital facility charge based upon the new or expanded use. The additional water capital facility charge shall be based upon the charge rate in effect at the time the increase in use is requested and/or detected, whichever first occurs. (3) Water Capital Facility Charge — Exception for Redevelopment or Change of Use. Property owners may apply to receive a partial or a full exception to the assessment of the water capital facility charge, provided all of the following requirements must be met to qualify for a partial or full exception: (a) Property owners must submit an application for a partial or a full exception on the City's application form prior to the issuance of any land use or development permits which change the use or development of the property; and (b) A nonresidential or residential account has maintained a connection to the city's water system and paid a minimum base fee as applicable; and (c) Sometime after the original connection, the property owner decides to construct a new building, change the original use, or modify the original building; and (d) For a full exception, after the building improvements are completed, or new use implemented, the total calculated ERU for the account will be equal to or less than the ERU number calculated by the city under the prior use or development consistent with this section. A partial exception is applicable when the new ERU calculation is larger than the existing ERU calculation. In such case the city will establish the prior calculated ERU which will be used as the basis for a credit toward the water capital facilities charge. (4) Local Improvement District Credit: application. A credit against the water capital facility charge may be applied for those property owners that paid their assessments in full through a local improvement district formed by the city where such local improvement district is formed to finance the construction of any of the improvements that are a basis for calculating the value of the water capital facility charge. The credit shall be equal to that portion of the property owner's principal assessment, not including interest and penalties, which is directly applicable to the construction of the improvements that are a basis for calculating the value of the capital facility charge. The credit shall be applied at the time of payment of the water capital facility charge and shall not be used to reduce any assessments in the local improvement district. 5) Existing Credit Agreements. A credit against all or a portion of the capital facility charge may be applied to properties that are bound by a development agreement or other agreement with the City that pre -dates this ordinance and which establishes credits for the water capital facility charge applicable to that property. �" Request for CFC Credit. Upon petition to the City Engineer by the property owner or Page 8 of 14 1428719.12 - 366922 -0013 Page 46 of 119 Back to Agenda Ordinance No. OXX Page 9 of 14 developer, Aa credit against the water capital facility charge (CFC) may be applied for those property owners or developers that construct, at their own expense and with the city's advance agreement, any of the improvements that are a basis for calculating the value of the water capital facility charge and which result in uasized capacity over that which is required to serve their development. However, for development within McCormick Woods and McCormick West. a property owner may apply for a credit for any improvements that are the basis for calculating the value of the water capital facility charge regardless of whether there is excess capacity provided. (7) The credit described in subsection 6 above is also available sr -for those property owners that pay a latecomer's fee toward those same improvements. The amount of such credit shall not exceed the total payments made as latecomer's fees. 8) Credit Agreement. In order to obtain a CFC credit. the Credit amount and applicability shall be memorialized in a CFC Credit Agreement or Development Agreement consistent with this Section. on: a) The value of the credit shall be determined by the city engineer and shall be based 1) conformance of the work with the city's Water System Plan. and 2) shall be proportional to the additional capacity provided by the planned capital improvement, except in the area described in subsection 6 above. and 3) the credit shall be limited to the development identified in the initial credit reauest that installed the uasized or additional infrastructure. The agreement may allow for phased projects. b) Alternatively, the value of the credit shall be the amount paid as a latecomer fee towards the improvement(sl. c The total credit, if any, as provided in this section shall not exceed the amount of the total CFC due and payable to the water utility. d) The full actual costs of drafting and processing the CFC agreement shall be reimbursed by the owner or applicant prior to final city council action on the agreement. to such extent that the actual costs exceed the initial application fee. e) Nothing in a CFC credit agreement shall limit the city's ability to adjust the CFC due at the time of building permit issuance. f) The process for approving a CFC credit shall be as follows: Page 9 of 14 1428719.12 - 366922 -0013 Page 47 of 119 Back to Agenda Ordinance No. OXX Page 10 of 14 1) The developer shall request a credit in writing in conjunction with permit submittal or a pending permit application and include the following eligibility information in their request: A. Identification of the project proposed for construction as listed in the city's Water Capital Facility Charge calculation and the cost for that project as it appears in the CFC study. 2) The city may create an application form to accompany credit requests. 3) Upon verification of eligibility. the director shall prepare a CFC credit agreement (unless a development agreement is being sought) for city council consideration and approval. 4) The CFC credit agreement or Development Agreement may allow the deferral of CFC charges pending completion of the facility to be constructed by the developer in exchange for credit in rare circumstances (such as when building construction subject to CFC payment/credit and water facility construction occur concurrently), at the sole discretion of the city. In such cases, the agreement shall stipulate that no certificates of occupancy shall be granted prior to substantial completion of the facility and/or payment of the CFC unless a performance bond is in place. This deferral is allowed because the total amount of CFCs owed to the city may not be known prior to project completion and verification of construction costs. Where credit amounts are anticipated to be less that the total CFCs owed to the city, the agreement shall stipulate that a partial payment be made towards the CFCs owed for a project. The city council may require a performance bond if deferral is allowed. S) Credit shall not be granted until the director has deemed the capital project as completed (with costs certified) unless a performance bond has been provided to assure project completion. Provided, however, that for significant projects or multiple projects. the City may enter into an agreement to provide credits after a certain amount of expense by the property owner or developer provided that the city retains authority to deny certificates of occupancy or to require another mechanism to ensure completion of the project. 6) Project completion shall not occur until: Page 10 of 14 1428719.12 - 366922 -0013 A. The city deems it substantially complete: and Page 48 of 119 Back to Agenda Ordinance No. OXX Page 11 of 14 B. All punch list items are completed to the satisfaction of the city: and C. The facility passes final inspection: and D. The developer has put a two-year warranty and maintenance bond in place; and E. The city releases the performance bond (if applicable): and F. The developer has completed all property dedications: and G. The developer has provided the city with the certified construction costs (stamped by licensed engineer) to the city for determination of the maximum credits available under this agreement. The director shall have the authority to approve or reject project costs and may request additional information in support of certified construction costs: and H. The developer has provided the city with a bill of sale for the improvements; and The city council accepts the project as public. 7) The city will confirm completeness of the project by issuing a final notice of completeness to the developer. 8) Upon certification of completeness, the developer shall pay any balance owed for CFCs within 90 days or prior to the city's issuance of a certificate of occupancy, whichever occurs first. 9) The City Council may require the CFC credit agreement to prorate CFC credits across all lots or units in a development when the amount of CFCs owed by the developer exceeds the amount of credit requested. 10) The above provisions notwithstanding, the amount of credit shall not exceed the amount of the water capital facility fee for the property to which the credit is being applied and shall not exceed the certified construction costs for the projects constructed pursuant to an agreement. Page 11 of 14 1428719.12 - 366922 -0013 Page 49 of 119 Back to Agenda Ordinance No. OXX Page 12of14 (�11) At the time the water capital facility charge is paid, a water inspection fee shall be paid. The water inspection fee is set forth in POMC 13.04.025. (812) All materials shall comply with the requirements of the city. If the city supplies any materials, the cost of these plus overhead and sales tax will be paid by the customer or property owner. (1913) The exceptions and credits described above shall not apply to any costs of construction incurred or payments made to the city for improvements that are a basis for the value of the capital facility charge and that were made twenty (20) years or more prior to the date the property owner requests the exception or credit. For projects completed after August 1. 2021, no credits are available unless requested and granted by agreement in accordance with this Section. 14) The City Council may, in its discretion, enter into an agreement that varies from the provisions of this Section when supported by written fin in s. 15) The credits described above shall have an expiration date of twenty (20) years after the date of project completion, or the execution date for the credit agreement or development agreement, whichever date occurs first. After credits expire, they will no longer be available to property owners to offset CFC charges. SECTION 3. A new Section 13.04.043 is hereby added to the Port Orchard Municipal Code to read as follows: 13.04.043 Sewer main front footaee charee. 1) Where all or a portion of the premises to be served has not been previously assessed or contributed its share towards the cost of installing a permanent sewer main to serve such premises, sewer service shall be provided upon payment of a sewer main front footage -charge as provided for in this section, in addition to the sewer capital facility charge and connection fees set forth in POMC 13.04.025. 2) The sewer main front footage charge shall be based on the frontage of the property served, as determined by the public works director. Properties situated on corner lots abuttine utility mains on two sides shall have the front footage charge computed by averaging the two sides. The charge shall be charged per front foot as set forth in POMC 13.04.025. Page 12 of 14 1428719.12 - 366922 -0013 Page 50 of 119 Back to Agenda Ordinance No. OXX Page 13 of 14 (3) Sewer main front footage charges shall be charged on new accounts unless partially or fully exempted as explained below: a) The property has previously paid its share of a local sewer main as part of a local improvement district and there are records to verify this: or b) The property has extended the local sewer main as required by the city and paid all costs associated with the extension; or c) The property has paid its equitable share of the cost of a previously installed local sewer main pursuant to a latecomer's agreement: or 4) If a property owner requests an exemption as described above, the director of public works or designee shall make an administrative determination regarding the applicability. amount of the exemption, and shall execute the agreement based on those determinations. The decision may be appealed to the hearing examiner. SECTION 4. A new Section 13.04.044 is hereby added to the Port Orchard Municipal Code to read as follows: 13.04.044 Sewer main agreement in lieu of assessment. 1) Where all or a portion of the premises to be served does not abut a sewer main, sewer service may be provided upon execution of an agreement for sewer main in lieu of assessment. whereby the property owner agrees to the following, among other terms set by the public works director, and performance of all obligations under the agreement: a) Property owner will pay its share of a local sewer main as part of a local improvement district; or b) Property owner will extend the local sewer main as required by the city and pay all costs associated with the extension; or c) Property owner will pay its equitable share of the cost of an installed local sewer main pursuant to a latecomer's agreement or other agreement: or d) Property owner will pay a sewer main front footage fee. 2) If a property owner requests an agreement for sewer main in lieu of assessment as described above, the director of public works or designee shall make an administrative determination regarding the eligibility and terms for an agreement. The director's decision may not be appealed. Approval of the agreement is the discretion of city council. SECTION S. Map of McCormick Woods and McCormick West. A map which illustrates the area referenced in POMC 13.04.030(6) as the "development within McCormick Woods and McCormick West" is hereby attached to this Ordinance as Exhibit A and incorporated herein bythis reference. Such map shall remain on file with this Ordinance for reference but shall not be codified. Page 13 of 14 1428719.12 - 366922 -0013 Page 51 of 119 Back to Agenda Ordinance No. OXX Page 14 of 14 SECTION 6. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 7. 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 8. Effective Date. This ordinance shall be posted and published as required by law and shall be effective and in full force five (5) days following publication. A summary of this ordinance 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 Clerk in authentication of such passage this _ day of November, 2021. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: Sponsored by: Charlotte A. Archer, City Attorney Page 14 of 14 1428719.12 - 366922 -0013 , Councilmember Page 52 of 119 Back to Agenda McCormick Properties Page 53 of 119 Back to Agenda City of Port Orchard alp 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7D Meeting Date: November 23, 2021 Subject: Adoption of a Resolution Supporting the Prepared by: Mark Dorsey, P.E. DWSRF 2021 Construction Loan Public Works Director Application for the Development of Well Atty Routing No.: N/A #11 in the McCormick Woods Water Atty Review Date: N/A System Summary: For the 2021 Drinking Water State Revolving Fund Loan Application for the Development of Well #11 in the McCormick Woods Water System Project, the Washington State Department of Health, Office of Drinking Water (ODW) requires acknowledgement that the governing body approved submittal of the DWSRF application, the proposed project, and the estimated amount for funding. Therefore, by the November 30, 2021 deadline, the City of Port Orchard Public Works Department will be submitting a 2021 Construction Loan Application request in the amount of $8,000,000.00 for the Development of Well #11 in the McCormick Woods Water System Construction and Construction Support phases of the Project. If successful, the ODW Funding will be available to commence with the construction of the Development of Well #11 in the McCormick Woods Water System Project in 2022. Relationship to Comprehensive Plan: Chapter 7 Utilities. Recommendation: Staff recommends that the City Council adopt a Resolution thereby supporting the 2021 Drinking Water State Revolving Fund Loan Application for the Development of Well #11 in the McCormick Woods Water System Project, as a requirement of obtain a low interest loan. Motion for Consideration: I move to adopt a Resolution, thereby supporting the 2021 Drinking Water State Revolving Fund Loan Application for the Development of Well #11 in the McCormick Woods Water System Project, as a requirement of obtain a low interest loan. Fiscal Impact: Given that the development of Well #11 is required by the Purchase and Sale of Water Agreement with the City of Bremerton, this project is necessary and the City of Port Orchard has already drilled a pilot well and secured a Pumping Permit from the Washington State Department of Ecology for 750 gallons per minute and the City has executed contracts for well and treatment development and design, the estimated $10,000,000 total cost will be reduced to $2,000,000 to be allocated within the 2022/2023 Biennial Budget 'if' the DWSRF Funding Application is successful. Alternatives: Do not adopt. Attachments: Resolution. Page 54 of 119 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, SUPPORTING THE DRINKING WATER STATE REVOLVING FUND LOAN APPLICATION PROCESS FOR DEVELOPMENT OF WELL #11 IN THE MCCORMICK WOODS WATER SYSTEM. WHEREAS, to adequately serve the City's residents, the City needs to secure adequate funding for the development of Well #11 in the McCormick Woods Water System (the "Project"); and WHEREAS, the development of Well #11 is required by the City's Purchase and Sale of Water Agreement with the City of Bremerton; and WHEREAS, the City has identified potential funding via a 2021 Drinking Water State Revolving Fund loan, administered by the Washington State Department of Health, Office of Drinking Water (ODW), with favorable repayment terms specifically available to public water purveyors; and WHEREAS, in order to be eligible for the loan, ODW requires the City Council formally approve the City's submittal of the DWSRF application, the proposed project, and the estimated amount requested for funding; and WHEREAS, the City Council finds that applying for the aforementioned loan is in the best interests of the residents of the City; and WHEREAS, consistent with the authorization herein, the City of Port Orchard Public Works Department will submit a DWSRF loan application in the amount of $8,000,000.00 for the Development of Well #11 in the McCormick Woods Water System Project; and WHEREAS, if the City is awarded funding, the ODW funding will be utilized to commence with the construction of the Development of Well #11 in the McCormick Woods Water System Project in 2022; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council authorizes the Public Works Director to submit an application for the Washington State Department of Health, Office of Drinking Water Loan program, Page 55 of 119 Back to Agenda Resolution No. _ Page 2 of 2 for the Development of Well #11 in the McCormick Woods Water System Project as detailed herein and supports the City's participation in the loan program. THAT: This Resolution shall be 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 23rd day of November 2021. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 56 of 119 Back to Agenda ;0 4 a 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 7E Adoption of a Resolution Accepting the 580 Zone Reservoir and Establishing the Certified Construction Costs in Accordance with Contract No. 003-07 Meeting Date: Prepared by: November 23, 2021 Nick Bond DCD Director Atty Routing No.: Development -Matter 11 Atty Review Date: November 10, 2021 Summary: In 2007, the Port Orchard City Council entered into Contract No. C003-07 with Gem 1, LLC. In 2019, the City approved the first amendment to Contract No. C003-07 with GEM 1, LLC's successor, McCormick Communities, LLC. The Agreement as amended required 1) McCormick Communities, LLC to construct a new 580 Zone Reservoir, 2) dedicate it to the City and 3) provided for a reimbursement of $1,000 per connection within the McCormick area. Construction of the 580 Zone Reservoir is now substantially complete and in accordance with Contract No. C003-07, McCormick Communities, LLC has submitted the Certified Construction Costs for the design, engineering, and construction of the 580 Zone Reservoir. The City Council is now being asked to accept the 580 Zone Reservoir and to approve the Certified Construction Costs so that reimbursement may take place. Relationship to Comprehensive Plan: The 580 Zone Reservoir is an identified Capital Improvement Project within the City's Comprehensive Plan and Water System Plan. Recommendation: Staff recommends that the City Council adopt Resolution No. 071-21, thereby accepting the 580 Zone Reservoir and establishing the Certified Construction Costs for the Project in the amount of $2,789,915. Motion for Consideration: I move to adopt Resolution No. 071-21, thereby accepting the 580 Zone Reservoir and establishing the Certified Construction Costs for the Project in the amount of $2,789,915. Fiscal Impact: In accordance with Contract No. C003-07, the City will reimburse McCormick Communities, LLC at $1,000.00 per Water Capital Facility Charge (CFC) paid within McCormick Woods and McCormick West. This reimbursement is already factored into the City's Water CFC rates. The total amount to be reimbursed cannot exceed the Certified Construction Cost. It is unlikely that McCormick Communities, LLC will ever be reimbursed fully because the amount of development planned is for fewer connections than the reimbursement will cover at $1,000 per connection, based upon the Certified Construction Costs. Alternatives: The City is contractually obligated to accept the 580 Zone Reservoir. The Certified Construction Costs must be approved, or amended and approved. Attachments: Resolution No. 071-21, Bill of Sale, Memo from Mark Dorsey (dated 11/12/20221), 2007 Agreement (C003-07), Amendment #1 to the 2007 Agreement, and Reservoir Photo. Page 57 of 119 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ACCEPTING THE 580 ZONE RESERVOIR AS CONSTRUCTED BY MCCORMICK COMMUNITIES, LLC IN ACCORDANCE WITH CONTRACT C003-07 AND AMENDMENT 1 TO CONTRACT 003-07 AND APPROVING THE CERTIFIED CONSTRUCTION COSTS FOR THE PROJECT. WHEREAS, on July 10, 2007, the City entered into a reimbursement agreement for utility system improvements with GEM 1, LLC Contract C003-07; and WHEREAS, GEM 1, LLC's position in the Contract C003-07 was assigned to McCormick Communities, LLC in 2015; and WHEREAS, on November 261", 2019, the City Council approved Resolution 042-19 authorizing the mayor to execute Amendment #1 to the 2007 reimbursement agreement for utility system improvements between the City and McCormick Communities LLC; and WHEREAS, contract C003-07 as amended called for the construction of a new 580 zone water reservoir; and WHEREAS, section 1 of the 2007 reimbursement agreement for utility system improvements required the City to accept and own the new 580 zone water reservoir once completed; and WHEREAS, section 2 of the 2007 reimbursement agreement for utility system improvements required McCormick Communities to certify the construction costs to the City for the final design, engineering, construction, and restoration costs incurred by the City and for the City to approve or modify and approve the certified costs; and WHEREAS, McCormick Communities has provided the City with a Bill of Sale for the 580 Zone Reservoir which is being transferred to City ownership; and WHEREAS, the City wishes to formally accept ownership of the 580 Zone Reservoir and to approve the total certified costs for the facility subject to reimbursement under section 3 of the 2007 agreement; and WHEREAS, the Public Works Director has recommended acceptance of the 580 reservoir and has certified that the reservoir is substantially complete; and WHEREAS, the Public Works director has reviewed the certified costs as submitted by the developer and recommends that the City Council establish the certified costs in the amount of $2,789,915.00; now, therefore, Page 58 of 119 Back to Agenda Resolution No. _ Page 2 of 2 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The 580 Zone Reservoir as constructed by McCormick Communities, LLC is accepted in accordance with section 1 of Contract C003-07 and C003-07 Amendment #1. THAT: The certified cost of 580 zone reservoir subject to reimbursement under section 2 of Contract C003-07 and C003-07 Amendment 1 is $2,789,915.00. THAT: The Mayor is authorized to sign the Bill of Sale which is attached to this Resolution as Exhibit "1". THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 23rd day of November 2021. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 59 of 119 Back to Agenda BILL OF SALE In consideration of the mutual promises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, McCORMICK COMMUNITIES, LLC. ("McCormick") does hereby grant, sell, transfer, and deliver unto THE CITY OF PORT ORCHARD, WASHINGTON, a municipal corporation in Kitsap County, Washington ("City"), the following goods, chattels, and other items of personal property, namely: 1. The 580 Zone Reservoir and all appurtenances thereto (hereinafter "Reservoir") which is located at 4741 Old Clifton Road and is more particularly described in the permit issued by City for the development of this Reservoir contained in file number 20-345 C-Bldg. 2. The object of this Bill of Sale is to grant, sell, transfer, and deliver to the City, the ownership of all items of personalty which comprise the Reservoir installed by McCormick to date, to the full extent that McCormick has an ownership interest in and the rights to convey said Reservoir. 3. McCormick does hereby covenant that to the extent that McCormick is the lawful owner of the Reservoir; that such items are free from all liens and encumbrances; that McCormick has the right to sell or otherwise transfer the same, and that McCormick warrants the same against the claims and demands of all persons; and the execution of this Bill of Sale is an authorized act of McCormick. 4. In case any provision of this Bill of Sale shall be invalid, illegal, or unenforceable, it shall, to the extent possible, be modified in such a manner as to be valid, legal, and enforceable so as to most nearly to retain the intent of the Parties. If such modification is not possible, such provision shall be severed from this Bill of Sale. In either case the validity, legality, and enforceability of the remaining provisions of this Bill of Sale shall not in any way be affected or impaired thereby. 5. This Bill of Sale shall be governed by and construed and interpreted in accordance with the laws of the State of Washington. IN WITNESS WHEREOF, the parties hereto have signed this Bill of Sale as of November LO, 2021. McCormick (Seller): McCormick Communities, LLC By: Its: 41 64%-tZF—D .Si tom& Name: y A i C Pill Lti ELT gy Bill of Sale Page 1 of 4 City (Buyer): City of Port Orchard, Washington By: Its: Ma or Name: Robert Putaansuu Page 60 of 119 Back to Agenda ACKNOWLEDGMENT — MCCORMICK COMMUNITIES, LLC STATE OF WASHINGTON ) ss. County of ) On this day before me personally appeared to me A i( Rfl�l -E� known to be the of- l 4,I S) L. ,-j e � of McCormick Communities, LLC and who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. bcf J-1-, GIVEN under my hand and official seal thisVf day of 10 72021. w aRCWING NOTARY PUBLIC STATE OF wasH010381 Printed Name: kri c— 10rc,,,. ^ E _ioense Number 20iD3817 ion Exo"s March 20. 2024 NOTARY PUBLIC in and for tfie Sta e of Washington, residing at 6 My Commission Expires: 6t. Bill of Sale Page 2 of 3 Page 61 of 119 Back to Agenda ACKNOWLEDGMENT — CITY OF PORT ORCHARD STATE OF WASHINGTON ) ) ss. County of Kitsap ) On this day before me personally appeared ROBERT PUTAANSUU, to me known to be the Mayor of the City of Port Orchard, Washington, and who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. GIVEN under my hand and official seal this day of 92021. Bill of Sale Page 3 of 3 Printed Name: NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires: Page 62 of 119 Back to Agenda CITY OF PORT ORCHARD Public Works Director 216 Prospect Street, Port Orchard, WA 98366 Voice: (36o) 876-4991 • Fax: (36o) 876-498o mdorsey@cityofportorchard.us www.cityofpor-torchard.us MEMORANDUM TO: Noah Crocker, Finance Director FROM: Mark R. Dorsey, P.E. - Public Works Director/City Engineer DATE: November 12, 2021 RE: 580 Zone Reservoir Construction Costs Certification On July 10, 2007, a Reimbursement Agreement for Utility System Improvements was entered into (Contract No. C003-07) between GEM 1, LLC and the City of Port Orchard. In 2015, the Agreement was assigned to McCormick Communities, LLC and in 2019, Amendment #1 to the Agreement called for the construction of the 580 Zone Reservoir. Pursuant to Sections 1 and 2 of the Agreement, the City is to accept and own the 580 Zone Reservoir upon the completion of the 580 Zone Reservoir and to certify the Construction Costs provided by McCormick Communities, LLC. On November 9, 2021, McCormick Communities LLC submitted a summary of Total Costs associated with the construction of the 580 Zone Reservoir (see Transaction Summary attached) indicating that they have spent $2,789,915 on the Project, as well as all associated invoices and/or receipts to support the Transaction Summary. Therefore, I have reviewed this documentation and confirm that McCormick Communities LLC has expended $2,789,915 on the 580 Zone Reservoir. Cc: Transactions Summary U:\Staff Reports GS50-05A-13\2021 \2021 1 123\7E 04 580 Reservoir Water CFC Credit Memo 2021 No. 1.doc Page 63 of 119 Back to Agenda REIMBURSEMENT AGREEMENT FOR UTILITY SYSTEM IMPROVEMENTS ..1b, This Agreement ("Agreement") is made and entered into this _/ of July, 2007 ("Effective Date") by and between the City of Port Orchard, a municipal corporation ("City"), and GEM 1, LLC, a Washington limited liability company ("Developer") (individually a "Party" and collectively the "Parties"). RECITALS A. City is a second class city located in Kitsap County, Washington, duly organized and operating under Chapter 35.23 RCW and is authorized to furnish water and sewer service to property owners within and without the City in the manner provided by law. B. City's capital improvement plan ("CIP") provides for the construction by the City of certain capital water facilities including an approximately 1,100,000 gallon reservoir, pump station and other related improvements. C. In that City is unable to fund the construction of the above described capital water facilities at this time, Developer is willing to construct these water facilities, as described and depicted on Exhibit A attached hereto and incorporated herein by this reference ("Water Facilities"), at the Developer's cost and be reimbursed by the City for such cost on the terms and conditions set forth in this Agreement; now, therefore, AGREEMENT In consideration of the following terms and conditions, the Parties agree as follows: 1. Construction of Water Facilities. Developer shall construct at its own expense the Water Facilities in accordance with a design and specifications approved by the City. Upon completion of construction of the Water Facilities and approval of the construction by the City, the City shall accept and own the Water Facilities as facilities of the City. Maintenance and operation costs of the Water Facilities after acceptance by the City shall be borne by the City. 2. Cost of Water Facilities. Following the completion of construction of the Water Facilities and as a condition of final acceptance of the Water Facilities by the City, the Developer shall certify to the City the final design, engineering, construction and restoration costs incurred by the Developer directly applicable to the construction of the Water Facilities and shall submit such supporting vouchers, invoices and other data as the City may require to the City to substantiate the certified costs ("Certified Costs"). The City reserves the right to approve, or modify and approve, the Certified Costs as reasonable and subject to reimbursement to the Developer, REIMBURSEMENT AGREEMENT FOR UTILITY SYSTEM IMPROVEMENTS - Page 1 of 5\j City Developer Page 64 of 119 Back to Agenda 3. Amount and Method of Reimbursement. After the City's approval of the Certified Costs, the Developer shall be reimbursed by the City the amount of One Thousand Dollars ($1,000.00) per Equivalent Residential Unit that connects to the City's water service system in what is commonly known as the Western Service Area, which is depicted on Exhibit B attached and incorporated herein by this reference (the "Reimbursement Area"). Reimbursement payments made pursuant to this Agreement shall be paid to the Developer on a quarterly calendar basis commencing at the end of the first calendar quarter following the City's final approval of Certified Costs. 4. Notices. All notices to be sent to the Developer, including amounts collected under this Agreement, shall be sent to the Developer at the following address: GEM 1, LLC 4978 SW Lake Flora Road Port Orchard, WA 98367 All notices to be sent to the City shall be sent to the City at the following address: City Clerk City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 The Developer is responsible for providing the City with a valid mailing address throughout the duration of this Agreement. The Developer shall have the right upon sixty (60) days prior written notice to the City to change the address where payments of the reimbursement amounts are to be sent by the City. The City shall send the amounts payable to the Developer under this Agreement to the Developer's mailing address by mail. Any amount being returned by the postal service for any reason shall automatically become the funds of the City six months from the date of the return of the mailing and shall be placed into the City's Cumulative Reserve Fund — Water -Sewer Capital Outlay Debt Service and Maintenance and Operation, pursuant to POMC Chapter 3.36 5. Termination of the Right to Reimbursement. This Agreement shall remain in force and effect for fifteen (15) years from date of the City's approval of the Certified Costs pursuant to Section 2 herein or full reimbursement of Developer's costs, whichever occurs first (the "Reimbursement Term"); provided the Reimbursement Term shall be extended for the time duration of any moratorium, phasing ordinance, concurrency designation, or other governmental action that prevents making applications for, or the approval of, any new development within the Reimbursement Area. REIMBURSEMENT AGREEMENT FOR UTILITY SYSTEM IMPROVEMENTS - Page 2 of 5 )��, A7_ 5� City Developer Page 65 of 119 Back to Agenda 6. Entire Agreement, Binding Nature. This Agreement constitutes the entire agreement between the Parties concerning reimbursement for the cost of the Water Facilities and is binding upon the heirs, executives, administrators, successors and assigns of the Parties. 7. Exhibits. All exhibits referred to in this Agreement are by this reference made a part of this Agreement as though set forth in full. 8. AssigMent. The Developer shall have the right to assign its rights and obligations under this Agreement only. upon sixty (60) days prior written notice to the.City. In the event of an assignment, such person or entity shall be referred to as the Developer or "Developer's Assigns". 9. Effective Date, This Agreement shall be effective the date set forth above ("Effective Date"), 10. Time of Essence. All time limits set forth herein are of the essence. The Parties agree to perform all obligations under this Agreement with due diligence. 11. Further Action. The Parties agree to cooperate and execute all further documents, applications and other instruments required to carry out the purposes of this Agreement including, but not limited to, compliance with applicable SHPA and other environmental and land use development rules and regulations relating to the installation of the Water Facilities. 12. Entire Agreement. This Agreement contains the entire agreement between the Parties with respect to matters addressed herein. This Agreement shall not be modified or amended except in writing signed by both Parties. 13. Severabilily. The enforceability, invalidity, illegality or termination of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid or illegal, and not terminate this Agreement or impair the rights or obligations of the Parties, including Developer's right to receive reimbursement from the City. DEVELOPER GEM I LLC, A Washington Limited Liability Company REIMBURSEMENT AGREEMENT FOR UTILITY SYSTEM IMPROVEMENTS - Page 3 of 5 By: Granite Land Company, A California Corporation, Its Manager By: G " Scott Wolcott President, Granite Land Company v ' � �J, City Developer Page 66 of 119 Back to Agenda CITY OF PORT ORCHARD Kim Abel, Mayor Approved as to Form: City Attorney City of Port Orchard STATE OF WASHINGTON ) ) ss COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that KIM ABEL, Mayor of the City of Port Orchard is the person who appeared before me, and said person acknowledged that she signed this instrument, and acknowledged it to be her free and voluntary act on behalf of said city for the uses and purposes mentioned in the instrument. �I DATED: /0 NAME: 1'in erh *-U E— 1'Y? 4 rf r ri a (Print Name) AU gBz z Notary Public in and for the S to of Washington }�s�T •O�. I O� .�0 Commission Expires: g� d SI OF VA STATE OF WASHINGTON } ss COUNTY OF ) I certify that I know or have satisfactory evidence that SCOTT WOLCOTT is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument as the REIMBURSEMENT AGREEMENT FOR UTILITY SYSTEM IMPROVEMENTS - Page 4 of 5 City Developer Page 67 of 119 Back to Agenda ALL-PURPOSECALIFORNIA _.,.n s. sa .5..a State of California County of r;QCvwo_ntO On 1 '100_) Date personally appeared before me, MQ1 PQ0 \10 k Name and Title of Officer Cerg, "Jane Doe, Notary ) ' Scoff \NCA CO t- DESIRES t10LeERG Commission # 1678239 .s Notory Pubtie - ColiforNo Socramento County My Comm. Expires Jun 27, 2010 Xpersonally known to me LJ (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above &�_� Signature of Notary Public Though the information and could pr+ Description of Attached D Title or Type of Document: Document Date: OPTIONAL is not required by law, it may prove valuable to persons relying on the audulent removal and reattachment of this form to another document. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — Ll Limited ❑ General ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Numbgr-6f Pages: ner's Name: ❑ I ividual ❑ Cor rate Officer — Title(s): ❑ Partne — ❑ Limited l General ❑ Attorney i Fact ❑ Trustee ❑ Guardian or Co servator ❑ Other: Signer Is Representing 2006 National Notary Association • 9350 De Soto Ave., P.O. F6 2402 - Chatsworth, CA 91313-2402 RIGHT TRUMBPRINT OF SIGNER Item No. 5907 Reorder: Call Toll -Free 1-800-876-0827 Page 68 of 119 Back to Agenda President, Granite Land Company, Manager, of GEM 1, LLC, a Washington limited liability company, pursuant to the provisions of the Limited Liability Company Agreement of said company, and acknowledged it to be the free and voluntary act of said company for the uses and purposes mentioned in the instrument. DATED: (Print Name) Notary Public in and for the State of Washington Commission Expires: REIMBURSEMENT AGREEMENT FOR UTILITY SYSTEM IMPROVEMENTS - Page 5 of 5 City Developer Page 69 of 119 Back to Agenda 40, I Y+-1 ^'fit°+J• �„ IPI'-iTv j��j �� m P 6 W In .If V x z z a c e? u hwG � F c O p4 i� A P V -j 30p � �O � ru>o u4s V 4N sa x op " aa. taix a `.'. aNu a uo uvaid ua //' ■ ` 3 ,J >d �a 1 I l i i am IN HEir - --` nog F31 4� Page 70 of 119 Back to Agenda p ¢ of wz Y Z. a } ir [¢u 5 I b0 ¢a waai COI f �N3 zLLzW w w I N o o Ir MS ON llOq NOSHAONV f Page 71 of 119 Back to Agenda FIRST AMENDMENT TO 2007 REIMBURSEMENT AGREEMENT FOR UTILITY SYSTEM IMPROVEMENTS This FIRST AMENDMENT TO 2007 REIMBURSEMENT AGREEMENT FOR UTILITY SYSTEM IMPROVEMENTS ("Amendment") is entered into between the City of Port Orchard, a Washington municipal corporation ("City" or "Port Orchard") and McCormick Communities, LLC, a Washington limited liability company ("McCormick"). City and McCormick are each a "Party" and together the "Parties" to this Amendment. The Parties agree as follows. RECITALS A. The City owns and operates a municipal water system that services the areas known as McCormick Woods and McCormick West, which comprise hundreds of acres of land owned by McCormick as depicted in Exhibit A (the "McCormick Property"). B. Many acres of the McCormick Property have received preliminary plat approval, and Other acres have received final plat approval, and McCormick has sold some of the resulting lots to builders. C. The McCormick Property is mostly served by the Port Orchard water system, and was previously served by the McCormick Water Company, Inc. On September 1, 1998 the City purchased the assets of the McCormick Water Company, Inc. and undertook by contract the obligation to serve the McCormick Property. D. The McCormick Property is within the areas known as both the 580 Pressure Zone ("580 Zone") and the 660 Pressure Zone ("660 Zone"), with development to date happening within the 580 zone which is served by both the City of Port Orchard and the City of Bremerton (the area served by Bremerton is known as McCormick North and is not depicted on Exhibit A). E. 'The 2007 Reimbursement Agreement for Utility System Improvements called for the construction of a 1.1 million gallon reservoir to serve the 580 and the 660 water zones. McCormick has requested to build only a 580 zone reservoir at this time which is addressed by this Amendment. The development of the 660 zone reservoir will be subject to a future agreement between the parties, or further amendment to the 2007 Agreement. F. A portion of the 580 Zone also is within the City of Bremerton, and a portion of the 580 Zone within the City of Port Orchard is served by the City of Bremerton's Water System. G. Port Orchard receives water from the City of Bremerton under an Interlocal Agreement between the cities to augment Port Orchard's supply to the 580 Zone. The 580 Zone is served by both Port Orchard's and Bremerton's respective water systems. Port Orchard AMENDMENT # 1 TO 2007 UTILITIES AGREEMENT MCCORMICK COMMUNITIES / PORT ORCHARD Page 1. FG:53518394.5 Page 72 of 119 Back to Agenda receives such water by means of a water system intertie at Anderson Hill Road and SR 16. The Cities of Bremerton and Port Orchard recently entered into a new Interlocal Agreement between them for serving the 580 zone. H. On July 10, 2007, Port Orchard and GEM 1, LLC ("GEM") entered into a REIMBURSEMENT AGREEMENT FOR UTILITY SYSTEM IMPROVEMENTS ("2007 Agreement"), which is Exhibit B to this Amendment. In this 2007 Agreement, the City and GEM agreed that the City was "unable to fund" the Water Facilities described and depicted in Exhibit A to the 2007 Agreement, and the City and GEM agreed that if GEM constructed these Water Facilities, GEM would receive reimbursement as described in this 2007 Agreement. GEM chose not to construct these Water Facilities but the 2007 Agreement remains in effect. McCormick is GEM's successor as owner and developer of the McCormick Property, and on December 30, 2015, GEM and McCormick entered into an ASSIGNMENT, ASSUMPTION AND CONSENT whereby GEM assigned to McCormick all of GEM's right, title, and interest in the 2007 Agreement. J. Today Port Orchard continues to be unable to provide sufficient water to the McCormick Property in the 580 zone to serve the lots with preliminary and final plat approval. The City has obtained additional source from Bremerton for the 580 zone for several years. While this has helped with the lack of adequate water source, there remains an issue of inadequate water storage for the 580 and 660 zones for both Port Orchard and Bremerton. K. On June 11, 2019 the Port Orchard City Council enacted Ordinance No. 020-19, imposing a six month moratorium on the acceptance of applications for building permits in the City's 580 and 660 Zones. L. On July 2, 2019, McCormick filed and served a legal challenge to the first moratorium, Kitsap County Cause No. 19-2-01896-18, asserting that the City Council violated the Open Public Meetings Act, Chapter 42.30 RCW, when it adopted this moratorium. McCormick has since dismissed this action in consideration of the City Council amending the moratorium by means of Ordinance No. 039-19. M. On July 23, 2019 the City Council conducted a public hearing and enacted Ordinance No 020-19-A to "reaffirm" Ordinance No. 020-19 and to continue the moratorium (collectively these two moratorium ordinances are referred to herein as "the Moratorium"). N. On August 13, 2019, McCormick filed a Complaint For Declaratory and Injunctive Relief and Damages, Kitsap County Cause No. 19-2-02310-18, but McCormick has not yet served this Complaint on the City. AMENDMENT #1 TO 2007 UTILITIES AGREEMENT MCCORMICK COMMUNITIES / PORT ORCHARD Page 2 FG:53518394.5 Page 73 of 119 Back to Agenda O. After imposing the Moratorium, Port Orchard approached Bremerton about purchasing additional water to serve the 580 zone for the McCormick development, and Bremerton responded that it will provide additional water for an interim period only if (1) Port Orchard enters into a new Interlocal Agreement with Bremerton, (2) Port Orchard enters into a new Agreement with McCormick for the system improvements, and (3) McCormick makes improvements to Bremerton's water system. P. In response, and in order to obtain water for the McCormick Property in the 580 zone, McCormick has negotiated a Public Utilities Construction Agreement with Bremerton and also a Reimbursement Agreement for Utility Extension Agreements, pursuant to which McCormick will: Construct facilities to complete Bremerton's Well I in its Anderson Creek Wellfield or other comparable improvements to its water system, as directed by Bremerton; b. Construct a new water transmission main from Well 1 R to the existing water main in Anderson Hill Road SW; and Install a generator and automatic transfer switch at Bremerton's Anderson Hill Pump Station. Q. In addition, Port Orchard requires McCormick to agree to make the improvements described in Section 2 below before Port Orchard will rescind the Moratorium. R. At the time of this Amendment, multiple agreements have been put in place to address the 580 Zone water infrastructure. (1) the City of Port Orchard has entered into a new Interlocal Agreement with the City of Bremerton for water source in the 580 Zone; (2) the City of Bremerton has entered into an agreement with McCormick for certain water improvements; and (3) the City of Port Orchard has received concurrence form South Kitsap Fire and Rescue (SKFR) to allow interim nesting for fire flow purposes in the existing 580 Zone Reservoir during the time period in which McCormick is constructing the new City of Port Orchard -McCormick 580 Zone Reservoir and transmission main as outlined in this Amendment. AMENDMENT AGREEMENT The City and McCormick affirm that the most efficient and appropriate way to fund and construct the improvements to Port Orchard's water system that the City requires is pursuant to the 2007 Agreement that GEM assigned to McCormick in 2015. Section 8 of the 2007 Agreement gave GEM the right to assign its rights and obligations upon 60 days prior written notice to the City. GEM did not give such notice prior to its assignment to McCormick, but the City has been aware of the 2015 assignment and hereby waives its AMENDMENT #1 TO 2007 UTILITIES AGREEMENT MCCORMICK COMMUNITIES / PORT ORCHARD Page 3 F&53518394.5 Page 74 of 119 Back to Agenda right to such prior notice and consents and agrees to such assignment from GEM to McCormick, and hereby agrees that McCormick is the Developer under the 2007 Agreement. 2. The City and McCormick hereby amend the description of the Water Facilities (Exhibit A to the 2007 Agreement), and substitute the following Water Facilities that shall be constructed by McCormick for the 580 Zone: a. Before the end of 2019, McCormick will commence construction (clearing, grading, and erosion control) on the City's Well 12 water campus, in preparation for constructing a new reservoir to serve the 580 Zone (called the "City of Port Orchard -McCormick Woods 580 Zone Reservoir"), at a size to be agreed upon by Port Orchard and McCormick. The size of the reservoir shall be sufficient to provide stacked storage for fire flow capacity. b. Within 90 days of execution of this Amendment McCormick will post a bond to ensure construction of a reservoir up to 1.1 million gallons in size; if the City and McCormick agree that the reservoir will be smaller, McCormick may reduce the size of the bond proportionately. C. By the end of the third quarter, 2020, McCormick will construct a second transmission main between the new City of Port Orchard -McCormick Woods 580 Zone Reservoir, which will at that time be under construction, and the existing water system within McCormick Woods, in order to facilitate future separation of the Port Orchard and Bremerton water systems. d. By the end of the fourth quarter, 2020, McCormick will finish construction of the new 580 Zone reservoir and related site improvements, including the transmission main described in 3.c above. The transmission main shall be sized such to accommodate both the 580 Zone and 660 Zone build out. e. All of the facilities described in the 2007 Agreement, as modified by this amendment, shall be constructed to the applicable standards in place at the time of permit application, including the standards set by the Washington State Department of Health, Office of Drinking Water and the City of Port Orchard. The City and McCormick hereby agree to negotiate in good faith to reach agreement on the issues below for the purpose of providing appropriate reimbursement for McCormick to also construct the following water facilities on the following schedule: a. By the end of the first quarter, 2020, McCormick will drill and make operational a pilot well at the proposed location of new Well 12, for the purpose of allowing the City to use the pilot well to obtain data to secure a water right and to facilitate design of the well. AMENDMENT #1 TO 2007 UTILITIES AGREEMENT MCCORMICK COMMUNITIES / PORT ORCHARD Page 4 FG:53518394.5 Page 75 of 119 Back to Agenda b. By the end of the second quarter, 2023, or within 12 months of the City obtaining the required water right and permits for Well 12 if the City has not obtained those rights and permits before July, 2022, McCormick will commence drilling Well 12 and installing the casing, pumping and water quality equipment necessary to put this well into service 4. Section 4 of the 2007 Agreement is hereby amended to state that all notices to the Developer shall be sent to the Developer care of the following persons by both email and U.S. mail: Eric Campbell 12332 NE 115t" Place Kirkland, WA 98033 eric(r�ms Jpi,roupllc.com Nick Tosti 805 Kirkland Avenue, Suite 200 Kirkland, WA 98033 nicktostiagmai I.com Section 5 of the 2007 Agreement is hereby amended to state that the 2007 Agreement shall remain in force and effect for 20 years from the City's approval of the Certified Costs instead of 15 years. 6. The 2007 Agreement as amended by sections 3, 5, and 6 above shall remain in full force and effect. 7. In consideration of the commitments made by McCormick above, provided that the bond is in place, the City shall rescind the Moratorium at its next regular Council meeting (if it has not already done so before this Amendment is executed) by a repealing ordinance, and the City agrees not to impose a future moratorium without first giving McCormick reasonable notice and an opportunity to first address the Council. However, McCormick agrees that if the water system improvements described in Section 3 are not completed by the end of 2020, that the City may impose a new moratorium and, in such case, McCormick waives its rights to challenge that moratorium. Upon rescission of the Moratorium by the City, McCormick will dismiss its Complaint in its second action, Kitsap County Cause No. 19-2-02310-18. The City and McCormick further agree to negotiate in good faith in an effort to enter into one or more future agreements regarding development of the McCormick Property, to address such issues as construction of a future 660 Zone reservoir and booster pump station, construction of traffic improvements, and extension of existing entitlements. AMENDMENT # 1 TO 2007 UTILITIES AGREEMENT MCCORMICK COMMUNITIES / PORT ORCHARD Page 5 FG:53518394.5 Page 76 of 119 Back to Agenda Such negotiations will also address full waiver for McCormick's claims against the City and the parties' agreement on satisfaction of performance under the 1998 Agreement, 10. By agreeing not to serve the City with the Complaint in Kitsap County Cause No. 19-2- 02310-18, McCormick does not waive its right to file a damage action in the future. McCormick agrees to continue negotiating with the City in good faith in an effort to avoid the need for such legal action. 11. Non -Waiver of Breach. The failure of a Party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be and remain in full force and effect. 12. Resolution of Disputes and Governing Law. If any dispute arises between the City and McCormick under any of the provisions of this Amendment, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. This Amendment shall be governed by and construed in accordance with the laws of the State of Washington. The non -prevailing party in any action brought to enforce this Amendment shall pay the other parties' expenses and reasonable attorney's fees. 13. Written Notice. All written communications regarding enforcement or alleged breach of this Amendment shall be sent to the parties at the addresses listed below, unless notified to the contrary. Unless otherwise specified, any written notice hereunder shall become effective upon the date of both emailing and mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated below: McCORMICK: Eric Campbell 12332 NE I I5th Place Kirkland, WA 98033 eric(a�mspgroupl lc.com Nick Tosti 805 Kirkland Avenue, Suite 200 Kirkland, WA 98033 nicktostiO),!,mail.com CITY: Rob Putaansuu, Mayor City of Port Orchard 216 Prospect Street Port Orchard WA 98366 rputaansuuncityofportorchard.us A copy shall also be transmitted to the City Clerk at the above address. 14. Assignment. Any assignment of this Amendment by McCormick without the written consent of the City shall be void. If the City shall give its consent to any assignment, this paragraph shall continue in full force and effect and no further assignment shall be made without the City's consent. AMENDMENT #1 TO 2007 UTILITIES AGREEMENT MCCORMICK COMMUNITIES / PORT ORCHARD Page 6 FG:53518394.5 Page 77 of 119 Back to Agenda 15: Modification. No waiver, alteration, or modification of any of the provisions of this Amendment shall be binding unless in writing and signed by a duly authorized representative of the City and McCormick. 16. Severability. The provisions of this Amendment are declared to be severable. If any provision of this Amendment is for any reasons held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. 17. Time is of the essence. All time limits set forth herein are of the essence. The Parties agree to perform all obligations under this Amendment with due diligence. 18. Entire Agreement. The written provisions and terms of this Amendment, together with the Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the parties, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, this Amendment. The entire agreement between the parties with respect to the subject matter hereunder is contained in the 2007 Agreement and exhibits thereto, and this Amendment and the Exhibits attached hereto, which may or may not have been executed prior to the execution of this Amendment. All of the above documents are hereby made a part of this Amendment and form the Amendment document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Amendment conflict with any language contained in this Amendment, then this Amendment shall prevail. 19. Effective date. This Amendment shall be effective as of6yf.-n — .)U4�' 2019. IN WITNESS WHEREOF, the parties have executed this Amendment on thii�L day of November, 2019. MCCORMICK COMMUNITIES, LLC A OVED AS TO FORM: �J Patrick Schneider Attorney for McCormick Communities CITY OF PORT ORCHARD By: Its: Mayor APPROVED AS TO FORM: AMENDMENT # 1 TO 2007 UTILITIES AGREEMENT MCCORMICK COMMUNITIES / PORT ORCHARD Page 7 FG:53518394.5 Page 78 of 119 Back to Agenda ATTEST: Br ndy mearson Port Orchard City Clerk STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Mr. Rob Putaansuu is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of Port Orchard to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. i VV ��'00� 32??io•.Z� NOTARY 'P'Z= r. PUBOC ..: _ O fir�WAS�`�C���`\ L�- (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires AMENDMENT #1 TO 2007 UTILITIES AGREEMENT MCCORMICK COMMUNITIES / PORT ORCHARD Page 8. FG:53518394.5 Page 79 of 119 Back to Agenda STATE OF WASHINGTON ) ss. COUNTY OF 14,0c ) I certify that I know or have satisfactory evidence that Mr. C(t v„ t p �x I I is the person who appeared before me, and said person acknowledged that &she) signed this instrument, on oath stated that Qi /she) was authorized to execute the instrument and acknowledged it as the ry�esn , of McCormick Communities, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 0yQ-m6c.v- �°1. 20 NIKEA SMEDLEY NOTARY PUBLIC *205999 STATE OF WASHINGTON COMMISSION EXPIRES MARCH 19, 2023 v � 1 j i Kec, Svv\.edl, l (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: )Ltvly Or ., WA My Commission expires: ' r 1 20a'5 AMENDMENT # 1 TO 2007 UTILITIES AGREEMENT MCCORMICK COMMUNITIES / PORT ORCHARD Page 9 FG:53518394.5 Page 80 of 119 Back to Agenda NTS Exhibit A McCormick Property Page 81 of 119 Back to Agenda REIMBURSEMENT AGREEMENT FOR UTILITY SYSTEM IMPROVEMENTS This Agreement ("Agreement") is made and entered into this l 6 of July, 2007 ("Effective Date") by and between the City of Port Orchard, a municipal corporation ("City"), and GEM 1, LLC, a Washington limited liability company ("Developer") (individually a "Party" and collectively the "Parties"). RECITALS A. City is a second class city located in Kitsap County, Washington, duly organized and operating under Chapter 35.23 RCW and is authorized to furnish water and sewer service to property owners within and without the City in the manner provided by law. B. City's capital improvement plan ("CIP") provides for the construction by the City of certain capital water facilities including an approximately 1,100,000 gallon reservoir, pump station and other related improvements. C. In that City is unable to fund the construction of the above described capital water facilities at this time, Developer is willing to construct these water facilities, as described and depicted on Exhibit A attached hereto and incorporated herein by this reference ("Water Facilities"), at the Developer's cost and be reimbursed by the City for such cost on the terms and conditions set forth in this Agreement; now, therefore, AGREEMENT In consideration of the following terms and conditions, the Parties agree as follows: 1. Construction of Water Facilities. Developer shall construct at its own expense the Water Facilities in accordance with a design and specifications approved by the City. Upon completion of construction of the Water Facilities and approval of the construction by the City, the City shall accept and own the Water Facilities as facilities of the City. Maintenance and operation costs of the Water Facilities after acceptance by the City shall be borne by the City. 2. Cost of Water Facilities. Following the completion of construction of the Water Facilities and as a condition of final acceptance of the Water Facilities by the City, the Developer shall certify to the City the final design, engineering, construction and restoration costs incurred by the Developer directly applicable to the construction of the Water Facilities and shall submit such supporting vouchers, invoices and other data'as the City may require to the City to substantiate the certified costs ("Certified Costs"). The City reserves the right to approve, or modify and approve, the Certified Costs as reasonable and subject to reimbursement to the Developer. REIMBURSEMENT AGREEMENT FOR UTILITY SYSTEM IMPROVEMENTS - Page 1 of 5 )jam �J . City Developer Page 82 of 119 Back to Agenda 3. Amount and Method of Reimbursement. After the City's approval of the Certified Costs, the Developer shall be reimbursed by the City the amount of One Thousand Dollars ($1,000.00) per Equivalent Residential Unit that connects to the City's water service system in what is commonly known as the Western Service Area, which is depicted on Exhibit B attached and incorporated herein by this reference (the "Reimbursement Area"). Reimbursement payments made pursuant to this Agreement shall be paid to the Developer on a quarterly calendar basis commencing at the end of the first calendar quarter following the City's final approval of Certified Costs. 4. Notices. All notices to be sent to the Developer, including amounts collected under this Agreement, shall be sent to the Developer at the following address: GEM 1, LLC 4978 SW Lake Flora Road Port Orchard, WA 98367 All notices to be sent to the City shall be sent to the City at the following address: City Clerk City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 The Developer is responsible for providing the City with a valid mailing address throughout the duration of this Agreement. The Developer shall have the right upon sixty (60) days prior written notice to the City to change the address where payments of the reimbursement amounts are to be sent by the City. The City shall send the amounts payable to the Developer under this Agreement to the Developer's mailing address by mail. Any amount being returned by the postal service for any reason shall automatically become the funds of the City six months from the date of the return of the mailing and shall be placed into the City's Cumulative Reserve Fund — Water -Sewer Capital Outlay Debt Service and Maintenance and Operation, pursuant to POMC Chapter 3.36 5. Termination of the Right to Reimbursement, This Agreement shall remain in force and effect for fifteen (15) years from date of the City's approval of the Certified Costs pursuant to Section 2 herein or full reimbursement of Developer's costs, whichever occurs first (the "Reimbursement Term"); provided the Reimbursement Term shall be extended for the time duration of any moratorium, phasing ordinance, concurrency designation, or other governmental action that prevents making applications for, or the approval of, any new development within the Reimbursement Area. REIMBURSEMENT AGREEMENT FOR UTILITY SYSTEM IMPROVEMENTS - Page 2 of 5 City Developer Page 83 of 119 Back to Agenda 6. Entire Agreement; Binding Nature. This Agreement constitutes the entire agreement between the Parties concerning reimbursement for the cost of the Water Facilities and is binding upon the heirs, executives, administrators, successors and assigns of the Parties. 7. Exhibits. All exhibits referred to in this Agreement are by this reference made a part of this Agreement as though set forth in full. 8. Assignment. The Developer shall have the right to assign its rights and obligations under this Agreement only upon sixty (60) days prior written notice to the .City. In the event of an assignment, such person or entity shall be referred to as the Developer or "Developer's Assigns". 9. Effective Date. This Agreement shall be effective the date set forth above ("Effective Date"). 10. Time of Essence. All time limits set forth herein are of the essence. The Parties agree to perform all obligations under this Agreement with due diligence. 11. Further Action. The Parties agree to cooperate and execute all further documents, applications and other instruments required to carry out the purposes of this Agreement including, but not limited to, compliance with applicable SEPA and other environmental and land use development rules and regulations relating to the installation of the Water Facilities. 12. Entire Agreement. This Agreement contains the entire agreement between the Parties with respect to matters addressed herein. This Agreement shall not be modified or amended except in writing signed by both Parties. 13. Severability. The enforceability, invalidity, illegality or termination .of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid or illegal, and not terminate this Agreement or impair the rights or obligations of the Parties, including Developer's right to receive reimbursement from the City, DEVELOPER GEM 1 LLC, A Washington Limited Liability Company w By: Granite Land Company, A California Corporation, Its Manager By: G,, 4 �. . Scott Wolcott President, Granite Land Company REIMBURSEMENT AGREEMENT FOR UTILITY SYSTEM IMPROVEMENTS - Page 3 of 5 City Developer Page 84 of 119 Back to Agenda CITY OF PORT ORCHARD Kim Abel, Mayor Approved as to Form: 140 V U�ity Attorney City of Port Orchard STATE OF WASHINGTON ) ) ss COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that KIM ABEL, Mayor of the City of Port Orchard is the person who appeared before me, and said person acknowledged that she signed this instrument, and acknowledged it to be her free and voluntary act on behalf of said city for the uses and purposes mentioned in the instrument. DATED: 1 U 7 NAME:_ M i e.h W F-EV. ► n— Sri iry o (Print Name) Notary Public in and for the Stale of Washington Commission Expires: 1Z STATE OF WASHINGTON ) ss COUNTY OF I certify that I know or have satisfactory evidence that SCOTT WOLCOTT is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument as the REIMBURSEMENT AGREEMENT FOR UTILITY SYSTEM IMPROVEMENTS - Page 4 of 5 ` / , A / „ City Developer Page 85 of 119 Back to Agenda President, Granite Land Company, Manager, of GEM 1, LLC, a Washington limited liability company, pursuant to the provisions of the Limited Liability Company Agreement of said company, and acknowledged it to be the free and voluntary act of said company for the uses and purposes mentioned in the instrument. DATED: NAME: (Print Name) Notary Public in and for the State of Washington Commission Expires: REIMBURSEMENT AGREEMENT FOR UTILITY SYSTEM IMPROVEMENTS - Page 5 of 5 City DevZloper Page 86 of 119 Back to Agenda CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT .avi.I .zv .cr•—</..kt \C.L\S.' .41S. .T2.'1S.AS.Gi .415.9. S.iTS.9�\.12.'T .9�S.A . i.� .G� .s1 . 15.41.S��.F12.'i�2.VF.S.� �.•.TR.�ay.c�� State of California County of saCpampm On i1 i3 f 200'1 before me, 17Q,�1 i2 �, i - IGtap �1�1b11C , Date Name and Title of Officer (e.g., "Jane Doe, Ww&iMc') personally appeared SCE �o� CO Names) of Slgner(s) personally known to me ❑ (or proved to me on the basis of satisfactory evidence) DESIREE HOEBERG WOTV aeon C91for l to be the persons) whose name(s) is/are subscribed to the . -. Notcry rueuc - CalforNa SoCrarnersla County within instrument and acknowledged to me that MYCOrrun.ExpiresJun27,2o10 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and offici I seal, Place Notary Seal Above U�,� Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the and could prevent fraudulent removal and reattachment of this form to another document, Descriptfbn,gf Attached Document Title or Type of D ent: Document Date: Signer(3) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner -- ❑ limited ❑ Gen VICU VIM ❑ Attorney in Fact NNW ❑ Trustee Top of thumb here ❑ Guardian or Con ator ❑ Other: Signer IsFKepresenting 51gne ' Name: Individua ❑ Corporate Of ❑ Partner — ❑ of Pages: — Title(s): T General O Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2006 National Notary Association - 9350 Oe Soto Ave., P.O. Box 2402 - Chalsworlh, CA 91313-2402 Item No, 5907 Reorder: Call Toll -Free 1-800-876-6827 Page 87 of 119 Back to Agenda INV y I > W y�z.1I a u ��� � F✓. aGW.2 P S J Uj4P VA Z S s m .• uusA � �m O s 6 wog 'u uo •si„ �� n" } a, °� z xnm�• L w u i'� Q Q � a.cld d uoy uea a a uo u u � Qpp. ¢ziO _ w I ° � o a / LL H ryOy 1 ��r Page 88 of 119 Back to Agenda n� L � m 5� G 111 cc W b m ~ If --maw—s � T air W OH 111H NOSki3Q lNy — a gGi Klee I Irj 117! gg a S�S1iI��G a r ° M G U J C � r F old A� feSf3� ` J � s i i F a �gd 0 s ® i z Page 89 of 119 Back to Agenda Page 90 of 119 Back to Agenda ' City of Port Orchard 1116 K _;a�_, 216 Prospect Street, Port Orchard, WA 98366 �e I (360) 876-4407 • FAX (360) 895-9029 r..a- Agenda Staff Report Agenda Item No.: Business Item 7F Subject: Adoption of a Resolution Confirming Appointment of Tim Drury as Municipal Judge and Authorization of Judicial Employment Agreement Meeting Date: November 23, 2021 Prepared by: Charlotte Archer City Attorney Atty Routing No: 366922-0003 — Exec Atty Review Date: October 26, 2021 Summary: By Ordinance No. 1121 in 1979, the City established its municipal court pursuant to state law. Since its formation, the municipal court has been overseen by a municipal judge; the duties and responsibilities of the judge are set out at Port Orchard Municipal Code 2.08.090. Pursuant to ordinance No. 002-18, the municipal judge is appointed by the Mayor and that appointment is subject to confirmation by the City Council. Tim Drury has served as the municipal judge since his appointment in 2018. He has served the role effectively and has had a positive impact to the operation of the Court and the larger community. The Mayor seeks to re -appoint Judge Drury for an additional term beginning on January 1, 2022 and ending on December 31, 2025. The Mayor has negotiated an agreement with Judge Drury for his employment as the municipal judge for this term, including prorated compensation commensurate with a Washington State District Court Judge. By this Resolution the Council would confirm Judge Drury for an additional four (4) year term and authorize the Mayor to execute a Judicial Employment Agreement with Judge Drury for that term. Relationship to Comprehensive Plan: None. Recommendation: Staff recommends adoption of a Resolution re -appointing Judge Drury and authorizing a new employment contract. Motion for consideration: I move to adopt a resolution confirming the Mayor's appointment of Tim Drury as municipal judge and authorizing the Mayor to execute a judicial employment agreement. Fiscal Impact: N/A Alternatives: Recommend alternative guidance. Attachments: Resolution and Exhibit A (Judicial Employment Agreement). Page 91 of 119 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, RE -APPOINTING TIM DRURY AS THE MUNICIPAL JUDGE AND AUTHORIZING THE MAYOR TO EXECUTE A JUDICIAL EMPLOYMENT CONTRACT FOR THE YEARS 2022 TO 2025. WHEREAS, since 1979, the City of Port Orchard has operated a municipal court, overseen by the municipal judge; and WHEREAS, pursuant to Port Orchard Municipal Code 2.08.090, the City's municipal judge shall be appointed by the Mayor and confirmed by the City Council; and WHEREAS, in 2017, the Mayor appointed and the City Council affirmed Tim Drury as the municipal judge for a term from January 1, 2018 to December 31, 2021; and WHEREAS, in acknowledgment of his performance in that role and the services he has aptly provided to the City, the Mayor desires to re -appoint Judge Drury for a second term as the municipal judge; and WHEREAS, the City Council finds it is in the best interests of the residents of Port Orchard to confirm the appointment of Judge Drury as municipal judge; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council confirms the Mayor's re -appointment of Tim Drury as municipal judge for a term beginning January 1, 2022 and ending December 31, 2025. The Mayor is authorized to execute the Judicial Employment Contract with Tim Drury attached hereto as Exhibit A and incorporated herein by this reference, in a form acceptable to the City Attorney. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 23rd day of November 2021. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 92 of 119 Back to Agenda CITY OF PORT ORCHARD JUDICIAL EMPLOYMENT CONTRACT THIS JUDICIAL EMPLOYMENT CONTRACT ("Contract"), effective upon mutual execution, is made and entered into by and between the CITY OF PORT ORCHARD, a Washington Municipal Corporation (hereinafter "the City"), and TIM DRURY (hereinafter "Drury"). This Contract establishes the minimum duties and benefits for the position of Municipal Court Judge and is to be construed under the laws of the State of Washington. WHEREAS, Judge Drury was appointed by the City Council to serve as the City's Municipal Court Judge for a term from January 1, 2018 to December 31, 2021; and WHEREAS, to meet its statutory court obligations, the City desires to extend the term of employment for Judge Drury and set forth the terms and conditions of said employment in this Agreement; and WHEREAS, the City desires to set compensation for this position proportionate to that of the judicial officers of the Kitsap County District and Superior Court operating in the City; and NOW, THEREFORE, in consideration of the mutual covenants, conditions and terms contained herein, the parties agree as follows: DUTIES 1.1 Drury shall serve as Municipal Court Judge for the City. He shall supervise the Court staff and shall make or be responsible for all of the administrative decisions regarding operation of the Court in conformance with the Washington Constitution, the Revised Code of Washington, the Code of Judicial Conduct, the General Rules of the Washington Court Rules, and such other rules as may be prescribed by the Supreme Court of the State of Washington and Washington State Judge's Ethics Advisory Opinions. The Judge is a Presiding Judge within the meaning of General Rule (GR) 29 of the Washington Court Rules. Administration of court personnel shall be in conformance with City policies, applicable Collective Bargaining Agreement(s), and Washington State Court Rules. Administration of Court financial or budgetary functions shall be in conformance with City policies and standard accounting procedures, BARS and JIS. This Contract acknowledges that the Court is an independent branch of government and that the judicial officer and court employees are bound to act in accordance with the provisions of the Code of Judicial Conduct. 1.2 Drury shall serve as the probable cause judge by telephone or other electronic means on weekends and holidays as required. 1.3 Drury shall serve as the City's abatement officer for purposes of abatement hearings and hearing appeals of abatement orders issued pursuant to Port Orchard Municipal Code Chapter CONTRACT FOR MUNICIPAL COURT JUDGE EMPLOYMENT Page 1 of 6 2022-2025 Page 93 of 119 Back to Agenda 20.212, 2.08 and 2.82. It is understood and agreed that the City of Port Orchard shall defend, hold harmless, release and discharge Drury from all claims, demands or actions arising from his employment and/or duties as such abatement hearing officer. 1.4 If designated by the chief law enforcement officer of the City, Drury shall serve as administrative hearing examiner and shall conduct hearings as the administrative hearing examiner for purposes of RCW 69.50.505 SEIZURE AND FORFEITURE, as amended. It is understood and agreed that the City of Port Orchard shall defend, hold harmless, release and discharge Drury from all claims, demands or actions arising from his employment and/or duties as such administrative hearing examiner. 2. INTERDEPARTMENTAL COOPERATION 2.1 Drury shall endeavor to administer the Court at all times so as to comply with any reasonable request of any other municipal department, to include directives from the City's insurance risk pool, or of the executive and legislative branches of city government, so long as such compliance does not impair the necessary independence of the Court. 2.2 The Court Administrator shall be appointed by Drury and shall serve as an at -will employee. The Court Administrator and all represented court staff are City employees. Their salaries, benefits, shall be established by the City and/or negotiated through the Collective Bargaining Agreement. Drury understands that Court staff adhere to the same applicable personnel policies as other City employees. The Mayor and Drury agree that Drury will participate in the review and amendment of any such policies to ensure that they recognize the unique nature of court employment and Drury's rights and responsibilities with respect to court employees. Drury acknowledges the Court Administrator is an invited member to the City's Management Team and may participate in discussions that are not in conflict with the separation of powers. 2.3 Drury will confer with the Mayor to coordinate administrative activities concerning City procedures, policies and the budget in an effort to retain and ensure consistency and common practices throughout the City. Drury will comply with written directives from the Mayor which apply to financial matters. 3. LENGTH OF TERM Drury shall serve as judge from January 1, 2022 through December 31, 2025. Unless earlier terminated per the terms herein, this Agreement shall automatically expire on December 31, 2025. 4. MINIMUM TIME REQUIREMENT Drury shall be responsible for the administration of the Court, and sit as judge, and hearing examiner as required, during a five-day work week. A typical work week shall consist of regular court calendars, hearings, and trials. Should these activities, or the administrative demands of the Court, require more than 24 hours in any week, Drury shall not be entitled to additional compensation from the City. CONTRACT FOR MUNICIPAL COURT JUDGE EMPLOYMENT Page 2 of 6 2022-2025 Page 94 of 119 Back to Agenda 5. SALARY Drury shall be paid One Hundred and Fourteen Thousand Dollars ($114,072.00) per year, subject to applicable payroll taxes and deductions. On January 1 of each year beginning in 2023, the City shall provide Drury an annual cost of living adjustment in an amount equal to cost of living adjustments as received by the majority of the other City Department Heads. This is an exempt salaried position and Drury shall not be entitled to any other compensation. 6. HOLIDAYS The Court will not be in session during Washington State statutory court holidays nor during holidays as set forth in the Port Orchard Municipal Code (POMC 2.28.040). Drury shall not be entitled to payment for holidays which occur on days Drury is not regularly scheduled to sit as judge, nor shall he be credited for Labor and Industries reporting purposes for such holidays (see Section 12). 7. PRO-TEM JUDGES 7.1 From time to time the use of pro -tern judges will be necessary in the Court. Should such usage be necessitated by Drury's absence from the Court for personal reasons, the cost of such usage shall be deducted from Drury's salary. Otherwise, payment for such usage shall be made from that sum budgeted for payment for pro -tern services. Drury's absence from the Court shall not be deemed for personal reasons if he is exercising vacation leave, sick leave, or civil leave, or if he is absent for any job -related reason. 7.2 In the event a pro -tern judge is used because of a conflict of interest on Drury's part, or because of the filing of an affidavit of prejudice, Drury shall not be excused from fulfilling any other administrative or calendar duties as may be necessary during such usage. 7.3 In the event it is determined by an appropriate third -party authority having jurisdiction over Court activities (such as the Commission on Judicial Conduct or the Washington State Supreme Court) that the use of pro-tem judges resulted from the wrongful acts of Drury, then Drury shall be responsible and liable for the costs and expenses incidental to the use of such pro - tern judge(s). 8. LEAVE 8.1 The City shall allocate two -hundred and sixteen (216) hours of paid time off (PTO), per calendar year. This allocated time shall be credited on a prorated in a manner consistent with other part-time non -represented City employees, subject to a maximum accrual of two hundred and sixteen (216) hours. PTO may be used for any reason including, but not limited to, vacation; sick leave; safe time; jury duty; voting; and personal holidays. Notwithstanding the foregoing accrual rates, Drury will accrue no less than one (1) hour of PTO for every 40 hours worked, in accordance with the Washington Paid Sick Leave Laws (")APSLL"). If PTO is being used for sick CONTRACT FOR MUNICIPAL COURT JUDGE EMPLOYMENT Page 3 of 6 2022-2025 Page 95 of 119 Back to Agenda or safe time ("SST") as defined by the WPSLL, employees are entitled to use their PTO in a manner consistent with that law. Drury may retain any jury duty pay received. Drury is not eligible for leave payout upon separation from the City. 9. OTHER EMPLOYMENT Drury may accept other employment, but not as a criminal defense attorney in Kitsap County. Any outside employment may not interfere with his duties as judge as set forth herein. 10. MEDICAL, DENTAL, and VISION INSURANCE The City shall provide Drury with the same medical, dental and vision coverage provided to fulltime City Department Heads, which coverage is established by the City Council from time to time. 11. LIFE INSURANCE The City shall provide Drury with the same life insurance policy provided to fulltime City Department Heads. 12. LABOR AND INDUSTRIES REPORTING For Labor and Industries reporting purposes Drury shall submit daily time records. He shall be credited for eight (8) hours for each Monday and Tuesday, four (4) hours for each Wednesday, and two (2) hours for each Thursday and Friday on which he performs court related duties, and for leave days as set forth previously herein. 13. WASHINGTON STATE PUBLIC EMPLOYEES RETIREMENT SYSTEM The position of Municipal Court Judge is an "eligible position" as that term is defined under the present rules of the Washington State Public Employees Retirement System. Drury shall be subject to PERS during his employment for so long as the position remains an eligible position as defined under PERS rules. 14. TERMINATION OF EMPLOYMENT AND RESIGNATION OF EMPLOYMENT The City may terminate Drury's employment as set forth in RCW 3.50.095. Drury may resign his employment by giving sixty (60) days written notice of intent to resign. If Drury's last day of employment is not at the end of a month, Drury shall receive a pro-rata amount of salary for that portion of the month before the effective date of termination or resignation. 15. REPRESENTATIONS Drury represents and affirms that he is: 1) a citizen of the United States of America; 2) a citizen of the State of Washington; 3) a resident of Kitsap County; and 4) an attorney admitted to practice CONTRACT FOR MUNICIPAL COURT JUDGE EMPLOYMENT Page 4 of 6 2022-2025 Page 96 of 119 Back to Agenda law before the Courts of record of the State of Washington. Drury shall immediately notify the Mayor if anything changes and a modification to these representations is necessary. Drury acknowledges that the recission of these representations may be grounds for termination. 16. OPPORTUNITY FOR INDEPENDENT REVIEW Drury represents that he: 1) has had a reasonable time to consider this; 2) has had the opportunity to have this Contract reviewed by his attorney if he so desired; 3) fully understands the significance and consequences of the Agreement; and 4) has voluntarily signed this Agreement after full reflection and analysis. 17. MISCELLANEOUS PROVISIONS (a) Construction. This Contract shall be construed and interpreted pursuant to Washington law and any controversy or interpretation hereof shall be by the state courts of Washington with venue in Kitsap County, Washington. The section titles throughout this Contract are for convenience reference only and the words contained in them shall not be held to expand, modify, amplify, or aid in the interpretation, construction, or meaning of this Contract. (b) Attorney's Fees. In the event of any dispute between the parties arising out of or in connection with this Contract, the substantially prevailing party in any action or proceeding to resolve the same shall be entitled to recover their costs and expenses incurred, including reasonable attorney's fees. (c) BindingE. This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and permitted assigns. (d) Entire Agreement. This Contract represents the entire agreement between the parties with respect to the subject matter hereof. All prior negotiations, agreements, representations, warranties or other matters of like or any other nature shall be of no further force or effect and are superseded by this Contract. (e) Course of Dealing. Notwithstanding any course of dealing to the contrary, this Contract shall not be amended or modified in any manner other than by an instrument in writing, signed by the parties. (f) Non -Waiver. Waiver of a breach of any provision hereof shall not be deemed to be a waiver of a breach of any other provision or a subsequent breach of the same provision. (g) Notices. Any notice desired or required to be given hereunder shall be in writing and shall be deemed received three days after deposit with the U.S. Postal Service, postage fully prepaid, certified mail, return receipt requested, and addressed to the party to which it is intended at the address set forth below. Such addresses may be changed from time -to -time hereafter upon written notice thereof to the other party. CONTRACT FOR MUNICIPAL COURT JUDGE EMPLOYMENT Page 5 of 6 2022-2025 Page 97 of 119 Back to Agenda (h) Severability. In the event that one or more provisions of this Contract shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof, the remainder of the Contract shall remain in full force and effect and the invalid provisions shall be deemed deleted. (i) Time of Essence. Time is of the essence with respect to the performance of any provision hereof. IN WITNESS WHEREOF the parties have set their hand and seal on the date set forth below. CITY OF PORT ORCHARD Robert Putaansuu, Mayor 216 Prospect Street Port Orchard, WA 98366 Dated: ATTEST: Brandy Rinearson, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney Tim Drury PO Box 1836 Port Orchard, WA 98366 Dated: CONTRACT FOR MUNICIPAL COURT JUDGE EMPLOYMENT 2022-2025 Page 6 of 6 Page 98 of 119 Back to Agenda �- A; - 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 Adoption of a Resolution Amending Meeting Date: Prepared by: Resolution No. 060-21, Authorizing an Additional One -Time Personal Holiday for Atty Routing No. Employees Fully Vaccinated Against the Atty Review Date COVID-19 Virus November 23, 2021 Debbie Lund HR Manager 366922-0008 — HR November 17, 2021 Summary: On August 10, 2021, the City Council considered a staff recommendation to award an additional personal holiday to employees who were fully vaccinated against the COVID-19 virus. At that meeting, the Council adopted a Resolution consistent with staff's recommendation but requiring 90% of City employees to achieve fully vaccinated status before the additional personal holiday would be made available to any employee. The COVID-19 pandemic continues to impact the City of Port Orchard's employees, citizens and businesses. Public Health officials confirm the COVID-19 vaccination is a key to slowing the spread of the virus, thereby allowing City employees to report to work and perform the requirements of their jobs, allowing the City to continue to provide services and meet the needs of our citizens. The City Council, at the November 16, 2021, work session requested an amendment to the earlier Resolution, removing the 90% requirement. Personal holidays are "use or lose" by year end and due to the timing of this proposed change, staff is recommending that the personal holiday be made available for use in 2022 to employees who have proven their fully vaccinated status by December 31, 2021. This eliminates an exacerbation of staffing burdens that already occur around the holidays, when employees typically schedule "use or lose" vacation time. Recommendation: Staff recommends the City Council adopt the attached resolution amending Resolution 060-21, authorizing up to 8 hours of additional personal holiday leave for employees who are fully vaccinated against COVID-19. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to adopt a Resolution, amending Resolution 060-21 providing for a one- time additional personal holiday for employees who are fully vaccinated against COVID-19 as of December 31, 2021." Fiscal Impact: N/A Alternatives: Do not approve the Resolution and provide alternative guidance. Attachments: Resolution 060-21, Resolution. Page 99 of 119 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING RESOLUTION 060-21 AUTHORIZING A ONE-TIME ADDITIONAL PERSONAL HOLIDAY FOR ELIGIBLE EMPLOYEES WHO HAVE PROVEN THEIR FULLY VACCINATED STATUS AGAINST COVID-19. WHEREAS, the COVID-19 pandemic continues to impact the employees and citizens of the City of Port Orchard; and WHEREAS, individuals have the ability to slow the spread of the pandemic by obtaining a free vaccination against the COVID-19 virus; and WHEREAS, the City encourages all employees to get vaccinated in an effort to protect themselves, their families and our citizens; and WHEREAS, City operations and overall public health and safety will benefit from the City's efforts to recognize and incentivize employee vaccinations; and WHEREAS, in recognition of these considerations, the City Council adopted Resolution 06- 21, authorizing an award of 8 additional hours of personal holiday time to fully -vaccinated employees if 90% of City employees are fully -vaccinated; and WHEREAS, the City desires to recognize and incentivize vaccination against the Covid-19 virus as part of its overall employee wellness policies by removing the 90% threshold requirement; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The Port Orchard City Council hereby amends Resolution 060-21 to remove the requirement that 90% of City employees prove their fully -vaccinated status in order to award fully -vaccinated employees up to 8 additional hours of personal holiday time. THAT: Resolution 060-21 is further amended to require employees to prove their fully vaccinated status by December 31, 2021, in order to receive the additional personal holiday time. THAT Resolution 060-21 is further amended to require the additional personal holiday time awarded under this policy be used by December 31, 2022. Page 100 of 119 Back to Agenda Resolution No. Page 2of2 PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 23rd day of November 2021. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 101 of 119 Back to Agenda RESOLUTION NO. 060-21 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING A ONE-TIME ADDITIONAL PERSONAL HOLIDAY FOR ELIGIBLE EMPLOYEES WHO HAVE PROVEN THEIR FULLY VACCINATED STATUS AGAINST COVID-19. WHEREAS, the COVID-19 pandemic continues to impact the employees and citizens of the City of Port Orchard; and WHEREAS, individuals have the ability to slow the spread of the pandemic by obtaining a free vaccination against the COVID-19 virus; and WHEREAS, the City encourages all employees to get vaccinated in an effort to protect themselves, their families and our citizens; and WHEREAS, City operations and overall public health and safety will benefit from the City's efforts to recognize and incentivize employee vaccinations; and WHEREAS, the City desires to recognize and incentivize vaccination against the Covid-19 virus as part of its overall employee wellness policies; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The Mayor is authorized to award fully -vaccinated employees up to 8 additional hours of personal holiday time to be used by December 31, 2021, provided that 90% of City employees prove their fully -vaccinated status. As a condition to such personal holiday, employees must provide proof of their fully -vaccinated status, in accordance with those policies and procedures determined by the Mayor to be appropriate for this purpose. THAT: The Mayor is authorized to modify or create any applicable City policies to implement this additional leave time. THAT: The Mayor is authorized to sign any agreement as an addendum to a collective bargaining agreement to implement this additional leave time for employees who are represented by a union. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 10th day of August 2021. utaansuu, Mayor •' PoR,y' rrr ATTEST: a. SEAL tT' •' 1,,4 Brandy Rinearson, MMC, City Clerk �.,r-94'•MeR:`;�G� Back to Agenda ` City of Port Orchard ., .++„iyn_, ��_• 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Item No.: Business Item 7H Agenda Staff Report Meeting Date: November 23, 2021 Subject: Adoption of a Resolution Fixing the Date Prepared by: Brandy Rinearson, MMC of a Public Hearing on a Petition to City Clerk Vacate City Right -of -Way, the Northeast Atty Routing No.: N/A Portion of Unopened Depot Street Atty Review Date: N/A Summary: Petitioners Stanley Smith and Alice Vasquez -Smith of ISB Holdings, LLC, owners of 1636 Bay Street, Kitsap County Tax Parcel No. 4027-002-001-0006, submitted a petition to vacate City right-of-way (ROW). The ROW is an unopened portion of Depot Street, is directly adjacent to the Petitioners' parcel to the northeast and is approximately 2,000 square feet in total area. The Petitioners are joined in their petition by Stanley Smith and Alice Vasquez -Smith of ASD Sound Investments, LLC, the owner of 1626 Bay Street, Kitsap County Tax Parcel No. 4027-003-008-0403, the parcel directly northwest of the portion of unopened Depot Street 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 October 21, 2021 meeting. The Public Works Director supports the vacation, as the City has no current or future plans to open this portion of Depot Street. 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 December 14, 2021, which is at least 20 days from the date of this Resolution if adopted tonight, November 23, 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, Depot Street as described above. The hearing is to be held on Tuesday, December 14, 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 103 of 119 Back to Agenda Business Item 7H Page 2 of 2 Motion for consideration: I move to adopt a Resolution setting a Public Hearing for December 14, 2021, at 6:30 PM, on a petition from Stanley Smith and Alice Vasquez -Smith of ISB Holdings, LLC to vacate a portion of unopened right-of-way, Depot Street. Fiscal Impact: N/A Alternatives: None. Attachments: Resolution, Street Vacation Petition with adjacent property owners' signatures, and new legal description. Page 104 of 119 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, FIXING THE DATE OF A PUBLIC HEARING ON A PETITION TO VACATE CITY RIGHT-OF-WAY, THE NORTHEAST PORTION OF UNOPENED DEPOT STREET WHEREAS, the petitioners, Stanley Smith and Alice Vasquez -Smith of ISB Holdings, LLC, submitted a petition to vacate a portion of unopened City right-of-way, a portion of Depot Street; and WHEREAS, the petitioners own the parcel at 1636 Bay Street, Kitsap County Tax Parcel No. 4027-002-001-0006, located directly to the northeast of the proposed portion of unopened right-of-way proposed for vacation, and are joined by the owner of the parcel at 1626 Bay Street, Kitsap County Tax Parcel No. 4027-003-008-0403, located directly to the northwest 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 2,000 square feet, legally described as follows and depicted in the survey contained in Exhibit A hereto: Government Lot 2 (NW %) Section 25, Township 24 North, Range 1 East, W.M. in the City of Port Orchard, Kitsap County, Washington WHEREAS, the street vacation is requested to reflect existing structures in the unopened right of way, so that the petitioners will maintain as private property; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES /_F11'T91K91TTTPS 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. Page 105 of 119 Back to Agenda Resolution No. _ Page 2 of 2 THAT: A Public Hearing upon said proposed street vacation shall be held via the online platform zoom and by telephone on Tuesday, December 14, 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 23rd day of November 2021. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 106 of 119 Back to Agenda City of Port Orchard City Clerk's Office ■•' '.. Z216 Prospect Street, Port Orchard, WA 98366 p i(.ti,,� Pllif'k- q (360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchard.uS"„ 0 . VIC"� r www.cityofportorchard.us r 07 PETITION TO VACATE CITY RIGHT-OF-WRV,, �L� $CRCH,gRo APPLICATION CFFICF (POMC 12.08 / Resolution No. 030-17) This document is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. 5f4o /d,255� 1 c, Property Owner's Name(s): / , 0, /.s o>,_ (_0 �' 2�,� !ems lel- Mailing Address:, Street City State Zip Contact Information: �°�J — L n et ! c �� G ci Wt C ile- C �t 3� Phone Email Address of Requested Vacation: /6.3(� l9,y .S I_ � Street `orr nearest cross street Parcel Number of Requested Vacatlon: -j G,� 7 ­00 — C'0 / —620 1. The undersigned, owner of real property abutting upon that public street/alley described below, does 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, Sec c�c �,eo� all situated in the City of Port Orchard, County of Kitsap, State of Washington; declares that this petition is supported by the signatures of the owners of more than two-thirds of the real property abutting the requested vacation area; and requests 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. State the proposed use of the vacated right-of-way: Aid -L Page 1 of 3 Vacation of City Right -of -Way Application Page 107 of 119 Back to Agenda 3. Provide a map of the proposed right-of-way area to be vacated with the following information: 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/We declare under penalty of perjury under the laws of the State of Washington that the foregoing information and attached documentation is true and correct, and that I/We are the true and correct owner(s) of real property abutting the requested vacation of City right-of-way. of ,Applint ram► ��' [i t ►1� L L C_ Signature of Applicant V� Vi 7 Date 1u Date When submitting this application, please make sure the following requirements are completed and documents are submitted: • Support for Vacation of City Right -of -Way Petition form(s) signed by the owners of real property abutting upon the part of the street or alley sought to be vacated (these owners must, along with the Petitioner, constitute the owners of at least two-thirds of the real property abutting such area); • 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 application of the Non -User Statute, 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 • $S00 appraisal fee refundable deposit (Petitioner shall pay the actual cost of the appraisal, upon Council approval). iTY CLERK'S OFFICE USE ONLY $120 Vacation Fee Received 177,Ycls No Receipt No_ $500 Vacation Appraisal Fee (Refundable Deposit) Received _Yes _ No geceipt No.: Support for Vacation Petition By Abutting Property Owners form(s) Received Yes _ No Public Hearing Date: Notices Posted by: Approved by the City Council Yes Date of Noticing: �� Page 2 of 3 Vacation of City Right -of -Way Application Page 108 of 119 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 SUPPORT FOR VACATION OF RIGHT-OF-WAY PETITION BY ABUTTING PROPERTY OWNERS This document is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. Property Owner Seeking Vacation (Petitioner): First and Last Name J Contact Information:(3(9UJ ! G/cy t ry a (r1c,2/LJ t i five f i b le, 6- Phone Email r� Street or Nearest Cross Street of Requested Vacation: 5 Parcel Number of Requested Vacation. �' 0 z % '-00 Z — 6c�, / "G Q d (0 Signatures of owners of real property abutting requested vacation of right-of-way area (Note: all persons who have an ownership interest must sign this document. This includes co-owner(s) and/or spouses, or corporate officers authorized by the corporation. By signing, I/We declare under penalty of perjury under the laws of the State of Washington that: • I/We are the true and correct owner(s) of real property abutting the street or alley sought to be vacated. • I/We understand that I/We may see an increase on my/our tax assessment if this vacation of right-of-way petition is approved. • I/We understand I/We may be required to pay for a portion of the vacated right-of-way. First and LasCName (Printed) of Property Owner/Corporate Officer Managl Member No. 1 (Signatur`e and/or Title) Name of Corporation (if applicable) First and Last Name (Pn ed) of Property Owner/Corporate Officer Name of Corporation (if applicable) Managing Member No. 2 r r -44A cc (Signature and/or Title) 4 , y Property Address Tax Parcel Number Mailing Address: L�GK /!�G ctN ���' f r�'�� W A �,� 3` — StrW City State Zip Contact InformationC�� Phone Email. Email. Page 3 of 3 Vacation of City Right -of -Way Application Page 109 of 119 Back to Agenda Exhibit A Page 1 of 2 Legal Description of Road to be Vacated Gov't Lot 2 (NW Y.) of Sec. 25, T. 24 N, R. 1 E, W.M. Vacation of Depot Street Depot Street, Plat of Annapolis, according to the Plat thereof, recorded in Volume 1 of Plats, Pages 64 and 64, in Kitsap County. Except that portion vacated in Commissioner's Journal Volume 4, Page 18, November 4, 1912. Contains 2,000 square feet. O • u4 Wasyf* . r Al, LACl� NLL Otw LA. -AI.. ibs legal.docx Written by_ Checked by Page 1 of 1 Page 110 of 119 Back to Agenda Exhibit A Page 2 of 2 Portion of Government Lot 2 (NW 1/4) Section 25, Township 24 North, Range 1 East, W.M. in the City of Port Orchard, Kitsap County, Washington m Ln VIP o 100' VACATED PER COMMISSIONER'S JOURNAL VOLUME 4, PAGE 18 ]Do' DEPOT STREET 00' / to VACATED PER COMMISSIONER'S JOURNAL in W VOLUME 4, PAGE 18 W— — — — — — — � 100' Cn Q m a 9 0 �A V 100' q c 0 Ln tn k=� N.L. Olson & Associates, Inc. Engineering, Planning and Surveying (360) 895-2350 or (360) 876-2284 2453 Bethel Avenue, P.O. Box 637, Port Orchard, WA 98366 PORTION TO BE VACATED JOB NO.: 11808 Page 111 of 119 Back to Agenda Identil-y Results KE Taxpayer ASO SOUND INVESTMENTS LLC Amount No 4027-003-DOS-0403 Amount ID 2d1601d Site Address 1626 BAY ST PORT ORCHARD WA 96366 Mail Address PO BOX 69 MANCHESTER WA 98353 0069 Tax Statement Photos & Sketches J Parcel Details Tax & Let•y Assessments Land & Location Building & ImPEOyements Recei ttS Value & Tax Hi FV Splits & Mergf-S Voting Districts Sales History DCD Permit Info ,I i r Bay St .t 1 �1 1 ._Jly i1 !.J11 IY P. yt JJ 3•J97 JJS �.ri I r ❑JSrJ❑ Taxpayer ISB HOLDINGS LLC Account No 4D27-002-001-DOGE Account]❑ 1901246 Site Address 1636 BAY 5T PORT ORCHARD WA 98366 Mail Address PO BOX 69 MANCHESTER WA 98353 Tax Statement Photos & Sketches Parcel Details Tax & LE- Assess menG Land & Location Budding & Imp m,mments Receipts Value&Tax History Splits & Merges Voting Districts Sales Histgrk DOD Permit Info 1 • J J S � I 1 Bay 51 I I y { 1 I �1 1 + J1/ •II �.J 11 I 377y ri• �•JJ3 JJ ,St wm JJ 3-J97 3-J73 ?•JJG i.J�❑ �.JpJ - s f A t1.N. 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SJ ?�L`ur, u;bs yy �"Q �, g A4f.aat.� dr.G�....,�Mwt. ...;i.� P� �,i..pplJ�/dte.,.d [ 44 • - Y � \ ( it Page 113 c 119 -r� / I 'iv t TL+ui'�&.�•:-_�.� ; iklG�:x{ 3_.:.�..s`4 .,�"d4i���'• ice.'. �n`I�",���: i v - STR �E,1•-- �• •y0 Back to Agenda c° 41 3 \ � ,g A ve ztue l` Cotteri 12 yr.tcei- iYz 41 ''Sur ye y d ;!rl Z' 2t ""0 n f G° 1�Kxv _ Cr " vd LLro I m sa so s sa sa - \ jb ! 9 / ;_ o •4,' \ .fr• ea is qo \ li 2 � / �s /-i / ! a o . � -t'��'� I I ! `� ,_ �' `� /�. �s �Z i/ ' is 6'� � � � � I � � � � �� •ter so rr sa a, �+ ,sm to ro ea ra so as VAaA e e t ,c , _ aT *fir ` t // /0 9.. Gi CFO Cip � � � � �htl,�. � �• (�' �'�ct—"s�•�4 pis+ e�c. ��r�.��r,,c,,,,,0,�7.�c �, ' Cie- Cc� sty �.yt� Milo 1fcLQl, ,, QCGoyN' V. 4*4dl 4t- Kccal.. L�-irl�4i .�.C�.�' ,If aZ- ♦ . ti �� Y..�. �,�}/A WNW � �r�%�� U- '1!!� �- ''` t�I�/��/I� s` .(i�elil�(. -'iV» d'T r I� �, f t • ; j • .; .,, t +T , �i;� -i w.. •w:.K �: - ...i < •�. fisi: _.- _ Pa' _g4.Of'�1 .� .: Back to Agenda City of Port Orchard Council Meeting Minutes Regular Meeting of November 9, 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 Absent Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Absent Staff present via remote access: Finance Director Crocker, Police Chief Brown, Community Development Director Bond, City Attorney Archer, City Clerk Floyd and Deputy City Clerk Floyd. The meeting is also streaming live on YouTube. A. PLEDGE OF ALLEGIANCE Mayor Pro-Tem Ashby led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, 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. 82950 through 82987 and 82994 through 83063 including bank drafts in the amount of $458,368.01 and EFT's in the amount of $120,022.10 totaling $578,390.11. B. Approval of Payroll Check Nos. 82988 through 82993 including bank drafts and EFT's in the amount of $259,498.41 and Direct Deposits in the amount of $199,465.56 totaling $458,963.97. Page 115 of 119 Back to Agenda Minutes of November 9, 2021 Page 2 of 5 C. Adoption of a Resolution Declaring a Certain Item as Surplus and Authorizing its Disposition (Resolution No. 072-21) D. Adoption of a Resolution Approving a Contract with the Department of Commerce for the South Kitsap Community Events Center (Resolution No. 073-21 and Contract No. 106-21) E. Approval of the October 19, 2021, City Council Work Study Meeting Minutes F. Approval of the October 26, 2021, City Council Meeting Minutes G. Excusal of Councilmember Clauson Due to a Business Obligation MOTION: By Councilmember Rosapepe, seconded by Councilmember Diener, to approve the consent agenda as presented. The motion carried. 5. PRESENTATION A. 2020 JLARC Public Records Request Annual Report City Clerk Rinearson provided a presentation which included the number of requests received in 2020, denied and clarification requests, types of requestors, staff time and cost, external and review of costs, and requests over the past several years. Additional discussion was held regarding public records threshold, scanning and digital formatting, current records legislation, and public records software. 6. PUBLIC HEARING There were no public hearings. 7. BUSINESS ITEMS A. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 20.170 Flood Damage Prevention MOTION: By Councilmember Diener, seconded by Councilmember Cucciardi, to adopt an ordinance, amending POMC 20.170 to update the City's Flood Damage Prevention code, as presented. The motion carried. (Ordinance No. 055-21) B. Adoption of a Resolution Ratifying the 2021 Amendments to the Kitsap Countywide Planning Policies MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to adopt a Resolution ratifying the 2021 amendments to the Countywide Planning Policies. Page 116 of 119 Back to Agenda Minutes of November 9, 2021 PaRe3of5 The motion carried. (Resolution No. 074-21) C. Adoption of a Resolution Approving a Contract with Transportation Solutions, Inc. to Update the Transportation Element of the Comprehensive Plan and Documenting Procurement Procedures MOTION: By Councilmember Rosapepe, seconded by Councilmember Chang, to adopt a resolution, approving a contract with Transportation Solutions, Inc., to update the Transportation Element of the City's Comprehensive Plan, in an amount not to exceed $117,400 and documenting the Professional Services procurement procedures. The motion carried. (Resolution No. 075-21 and Contract No. 006-22) D. Adoption of a Resolution Accepting a Multifamily Property Tax Exemption Agreement (MPTE) for the Plisko Apartments as Sought by Cedar Cove, LLC MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to adopt a resolution authorizing the Mayor [Mayor Pro-Tem Ashby] to accept and sign a Multifamily Housing Limited Property Tax Exemption Agreement between the City and Cedar Cove, LLC., as presented. Councilmember Chang questioned if the 10% off market rate is enough to make it more affordable, and how much is the City giving up in revenue over the 12-year period? The motion passed. Councilmember Chang voted no. (Resolution No. 076-21 and Contract No. 104-21) E. Adoption of a Resolution Accepting the Lodging Tax Advisory Committee's Recommendation for 2022 Funding Allocation MOTION: By Councilmember Rosapepe, seconded by Councilmember Diener, to adopt a resolution, adopting the Lodging Tax Advisory Committee's recommendation for the 2022 funding allocation, as presented. The motion carried. (Resolution No. 077-21) 8. DISCUSSION ITEMS (No Action to be Taken) There were no discussion items. 9. REPORTS OF COUNCIL COMMITTEES Page 117 of 119 Back to Agenda Minutes of November 9, 2021 Paae 4 of 5 Councilmember Cucciardi reported the Economic Development and Tourism Committee is scheduled to meet December 13tn Councilmember Lucarelli reported the Utilities Committee is scheduled to meet December 14t". She also reported on the November 1st Festival of Chimes and Lights Committee meeting. Mayor Pro-Tem Ashby reported the Finance Committee is scheduled to meet November 16tn. The Transportation Committee is scheduled to meet November 23rd. She also reported on the Peninsula Regional Transportation Planning Organization legislative forum, and the Kitsap Regional Coordinating Council's upcoming legislative reception and countywide planning policies, and Puget Sound Regional Council upcoming meeting. Councilmember Rosapepe reported the Land Use Committee is scheduled to meet November 17t" He also spoke briefly about the 2022 lodging tax applications and events. 10. REPORT OF MAYOR There was no report of the Mayor. 11. REPORT OF DEPARTMENT HEADS Community Development Director Bond reported that the last day for Keri Sallee, the City's Long - Range Planner, is Friday. They have hired a public works permit clerk and provided an update on building permits. Police Chief Brown reported they should be receiving their accreditation next week, they have an officer attending the academy on Monday, and the police department is accepting phone calls, but the front doors are closed. 12. CITIZEN COMMENTS Shaun Williams voiced his concerns with the Port Orchard Historic Theatre Foundation receiving lodging tax funds and noted no Councilmember will ever run opposed again. Robert McGee voiced his concerns with the developer tax discounts and incentives and noted we now have a shortfall in the City. Heidi Fenton said the agenda is not easy to find on the City's website. The Port Orchard Historic Theatre Foundation already reached out to the community and received money. She would like a breakdown of how much it is going to cost the citizens for the Bay Street Pedestrian Pathway and voiced concerns with barriers and the pathway, and she would like a community gathering regarding the pathway as there is no transparency. In response to Heidi Fenton, Mayor Pro-Tem Ashby said anyone can contact the City Clerk's office and ask to receive the agenda the Friday before the Council meeting. Page 118 of 119 Back to Agenda Minutes of November 9, 2021 Page 5 of 5 Randy Jones congratulated Councilmember Rosapepe for winning another term as a Councilmember. He voiced concerns regarding eminent domain and the Bay Street Pedestrian Pathway and voiced concerns with the Port Orchard Historic Theatre Foundation receiving lodging tax funds. 13. GOOD OF THE ORDER Councilmember Chang thanked everyone who ran this year and said the voter will always benefit when there is a choice at the election. Also, you can see all contributions and expenditures he had in his campaign through the Public Disclosure Commission. You will find no contributions from Steve Sego. Councilmember Cucciardi noted the Port Orchard Historic Theatre Foundation received $2,500 in lodging tax funds, not $5,000. Councilmember Rosapepe stated his campaign was solely self -funded. Councilmember Diener pointed out he was the only one who contributed to his campaign and agreed it is more interesting when more than one person runs for a seat. Councilmember Ashby explained the City Council has never had a vote on eminent domain. Back in the fall of 2014, there was a motion to move forward with the path and accepting federal dollars. She voted no because they did not know where the construction dollars were coming from at that time. There was also conversation about deviating the path. 14. EXECUTIVE SESSION There was no executive session. 15. ADJOURNMENT The meeting adjourned at 8:02 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 119 of 119