HomeMy WebLinkAbout01/11/2022 - Regular - PacketCity of Port Orchard Council Meeting Agenda
January 11, 2022
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/j/86599296965
Zoom Webinar ID: 865 9929 6965
Zoom Call-In: 1-253-215-8782
Guiding Principles
•Are we raising the bar?
•Are we honoring the past, but not living in the past?
•Are we building connections with outside partners?
•Is the decision-making process positively impacting diversity, equity, and
inclusion?
1.CALL TO ORDER
A.Pledge of Allegiance
2.APPROVAL OF AGENDA
3.CITIZENS COMMENTS
(Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a
Public Hearing. When recognized by the Mayor, please state your name for the official record. If
you are attending remotely via telephone, enter *9 from your keypad to raise your hand.)
4.CONSENT AGENDA
(Approval of Consent Agenda passes all routine items listed below, which have been distributed
to each Councilmember for reading and study. Consent Agenda items are not considered
separately unless a Councilmember so requests. In the event of such a request, the item is
returned to Business Items.)
A.Approval of Vouchers and Electronic Payments
B.Approval of Payroll and Direct Deposits
C.Adoption of a Resolution Approving a Contract with Murraysmith, Inc.
for the 2022 Concurrency Review Services for the City’s Sewer System
and Documenting Procurement Procedures (Dorsey) Page 4
D.Adoption of a Resolution Approving a Contract with Murraysmith, Inc.
for the 2022 On-Call/Modeling Update Services for the City’s Sewer
Systems and Documenting Procurement Procedures (Dorsey) Page 21
E.Adoption of a Resolution Approving a Contract with Murraysmith, Inc.
for the 2022 Concurrency Review Services for the City’s Water Systems
and Documenting Procurement Procedures (Dorsey) Page 38
Mayor:
Rob Putaansuu
Administrative Official
Councilmembers:
Mark Trenary
Shawn Cucciardi
Finance Committee
E/D & Tourism Committee, Chair
Kitsap Economic Development Alliance
Fred Chang
Economic Development & Tourism Committee
Land Use Committee
Jay Rosapepe
Utilities/Sewer Advisory Committee
Land Use Committee, Chair
Transportation Committee
Lodging Tax Advisory Committee, Chair
KRCC-alt
John Clauson
Finance Committee, Chair
Utilities/Sewer Advisory Committee
Kitsap Public Health District-alt
Cindy Lucarelli
Festival of Chimes & Lights Committee, Chair
Utilities/Sewer Advisory Committee, Chair
Kitsap Economic Development Alliance
Scott Diener
Land Use Committee
Transportation Committee
Department Directors:
Nicholas Bond, AICP
Development Director
Mark Dorsey, P.E.
Director of Public Works/City Engineer
Tim Drury
Municipal Court Judge
Noah Crocker, M.B.A.
Finance Director
Matt Brown
Police Chief
Brandy Rinearson, MMC, CPRO
City Clerk
Meeting Location:
Council Chambers, 3rd Floor
216 Prospect Street
Port Orchard, WA 98366
Contact us:
(360) 876-4407
cityhall@cityofportorchard.us
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.
January 11, 2022, Meeting Agenda Page 2 of 3
F.Adoption of a Resolution Approving a Contract with Murraysmith, Inc. for the 2022 On-Call/Modeling
Update Services for the City’s Water Systems and Documenting Procurement Procedures (Dorsey)
Page 55
G.Adoption of a Resolution Granting Final Plat Approval for McCormick Woods North Phase III, Division 2
(Bond) Page 72
H.Approval of Interlocal Agreements with WSDOT, Mason and Kitsap Counties, and the Cities of Poulsbo,
Shelton and Bremerton for Public Works Emergency Response (Dorsey) Page 103
I.Approval of a Contract with Camino for Web-Based Services for DCD Permit Center’s Permitting
Application Processes (Bond) Page 116
J.Excusal of Councilmember Cucciardi Due to a Business Obligation
5.PRESENTATION
A.Legislative Update (Representative Derek Kilmer)
6.PUBLIC HEARING
A.Public Hearing on a Petition to Vacate City Right-of-Way, the Northeast Portion of Unopened Depot
Street (Rinearson) Page 127
7.BUSINESS ITEMS
A.Appointment of a Mayor Pro-Tempore for 2022 (Rinearson) Page 147
B.Adoption of an Ordinance Approving the Petition to Vacate City Right-of-Way, the Northeast Portion of
Unopened Depot Street (Rinearson) Page 148
C.Adoption of a Resolution Fixing the Date of a Public Hearing on a Petition to Vacate City Right-of-Way,
the Southern Portion of Opened Bay Street (Rinearson) Page 154
D.Adoption of a Resolution Confirming Mayoral Appointments to the Planning Commission and Building
Board of Appeals (Rinearson) Page 164
E.Approval of a Letter of Agreement with Teamsters Local 589 Regarding Limited Term Assignment Non-
Union Work (Lund) Page 166
F.Approval of the December 14, 2021, City Council Meeting Minutes Page 167
G.Approval of the December 21, 2021, City Council Meeting Minutes Page 173
8.DISCUSSION ITEMS (No Action to be Taken)
A.Continued: Veterans Park
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
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.
January 11, 2022, Meeting Agenda Page 3 of 3
15. ADJOURNMENT
COMMITTEE MEETINGS Date & Time Location
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Summary: Due to the limitations of in-house staff, the City utilizes the services of a qualified engineering
firm to perform concurrency review for the City’s Sewer Systems and associated projects and solicits for
qualified firms on a regular basis to ensure a competitive rate for these services. The costs for these
services are passed through to the project applicant, via the City’s fee structure. On October 27, 2021,
the City’s Public Works Department selected twelve (12) qualified firms from the current MRSC
Professional Services Roster for the Main Category; Engineering Services and Sub-Category; Sewer
System Planning and Design. On November 3, 2021, the City provided Request for Qualifications (RFQ)
notification to each of the selected firms via email for the 2022 Concurrency Review Services for the
City’s Sewer System (Project). By the November 12, 2021 RFQ deadline, only one (1) Statement of
Qualification (SOQ) was received. Public Works Department staff reviewed the SOQ and confirmed that
the submitting firm, Murraysmith, Inc., was qualified to provide these services. On November 16, 2021,
Murraysmith, Inc. was notified that it was the most qualified professional services engineering firm for
the Project. On December 8, 2021, Staff met with Murraysmith, Inc. to clarify the Project scope and on
December 14, 2021, the City received a Schedule of Rates and Charges for the 2022 Concurrency Review
“Pass Through” Services for the City’s Sewer System. The parties thereafter negotiated the terms of a
professional services agreement to govern the Project.
Relationship to Comprehensive Plan: Chapter 7 - Utilities
Recommendation: Staff recommends adoption of Resolution No. 004-22, authorizing the Mayor to
execute Contract No C004-22 with Murraysmith, Inc. for the 2022 Concurrency Review “Pass Through”
Services for the City’s Sewer System and documenting procurement procedures.
Motion for Consideration: I move to adopt Resolution No. 004-22, authorizing the Mayor to execute
Contract No C004-22 with Murraysmith, Inc. for the 2022 Concurrency Review “Pass Through” Services
for the City’s Sewer System and documenting procurement procedures.
Fiscal Impact: Funding for Concurrency “Pass Through” Review Services paid in advance by the
Developer.
Page 4 of 178
Staff Report 4C
Page 2 of 2
Alternatives: None
Attachments: Resolution No. 004-22 and Contract No. C004-22
Page 5 of 178
RESOLUTION NO. 004-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE CONTRACT NO. C004-22 WITH MURRAYSMITH, INC.
FOR 2022 CONCURRENCY REVIEW SERVICES FOR THE CITY’S SEWER SYSTEM
AND DOCUMENTING ARCHITECTURAL & ENGINEERING SERVICES
PROCUREMENT PROCEDURES.
WHEREAS, pursuant to RCW 39.80, the City of Port Orchard’s Public Works Department
annually publishes a general Request for Qualifications (RFQ) for professional engineering,
surveying, architecture, structural design and related services for a Professional Services Roster;
and
WHEREAS, on June 3, 2013 the City of Port Orchard began utilizing the MRSC Consultant
Roster database, whereby MRSC publishes annually on the City’s behalf, the general Request
for Qualifications (RFQ) for professional engineering, surveying, architecture, structural design
and related services for the Professional Services Roster; and
WHEREAS, the City utilizes a professional engineering firm to perform concurrency
review of water system project materials, with the costs for the concurrency review borne by
the project applicant as a pass-through cost; and
WHEREAS, in order to ensure the City is utilizing a currently qualified consultant at a
competitive rate for these services, the City solicited for a consultant in 2021; and
WHEREAS, on October 27, 2021, the City of Port Orchard Public Works Department
selected twelve (12) qualified firms from the MRSC Professional Services Roster for the Main
Category; Engineering Services and Sub-Category; Sewer System Planning and Design; and
WHEREAS, on November 3, 2021, an email Request for Qualifications (RFQ) was sent to
the twelve (12) qualified firms, soliciting a Statement of Qualifications for the 2022 Concurrency
Review Services for the City’s Sewer System; and
WHEREAS, by the November 12, 2021 RFQ deadline, only one (1) Statement of
Qualifications was received by the City, submitted by Murraysmith, Inc.; and
WHEREAS, Staff reviewed the Statement of Qualifications and confirmed it met the
requirements of the RFQ, and on November 16, 2021, Staff notified Murraysmith, Inc. that they
had been selected for the 2022 Concurrency Review Services for the City’s Sewer System, being
determined as the most qualified professional services engineering firm, subject to Council
approval; and
WHEREAS, on December 8, 2021, a scope clarification meeting with Murraysmith, Inc.
was held; and
Page 6 of 178
Resolution No. 004-22
Page 2 of 2
WHEREAS, on December 14, 2021, the City’s Public Works Department received a viable
Schedule of Rate and Charges from Murraysmith, Inc., and the City negotiated the remaining
terms of a service agreement with the selected Consultant; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor’s Office, wishes to document their consultant selection process as described above for
this particular contract by Resolution; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council authorizes the Mayor to execute Contract No. C004-22 with
Murraysmith, Inc. for the 2022Concurrency Review Services for the City’s Sewer System
and adopts the “Whereas” statements contained herein as findings in support of the
City’s consultant selection procurement procedures.
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 11th day of January 2022.
____________________________________
Robert Putaansuu, Mayor
ATTEST:
____________________________
Brandy Rinearson, MMC, City Clerk
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Summary: Due to the limitations of in-house staff, the City utilizes the services of a qualified engineering
firm to perform on-call/modeling services for the City’s Sewer Systems and associated projects and
solicits for qualified firms on a regular basis to ensure a competitive rate for these services. On October
27, 2021, the City’s Public Works Department selected twelve (12) qualified firms from the current MRSC
Professional Services Roster for the Main Category; Engineering Services and Sub-Category; Sewer
System Planning and Design. On November 3, 2021, the City provided Request for Qualifications (RFQ)
notification to each of the selected firms via email for the 2022 On-Call/Modeling Update Services for the
City’s Sewer System (Project). By the November 12, 2021 RFQ deadline, only one (1) Statement of
Qualification (SOQ) was received. Public Works Department staff reviewed the SOQ and confirmed that
the submitting firm, Murraysmith, Inc., was qualified to provide these services. On November 16, 2021,
Murraysmith, Inc. was notified that it was the most qualified professional services engineering firm for
the Project. On December 8, 2021, Staff met with Murraysmith, Inc. to clarify the Project scope and on
December 14, 2021, the City received a viable Scope of Work and Budget from Murraysmith, Inc. in an
amount not to exceed $80,000.00 annually for the 2022 On-Call/Modeling Update Services for the City’s
Sewer System. The parties thereafter negotiated the terms of a professional services agreement to
govern the Project.
Relationship to Comprehensive Plan: Chapter 7 - Utilities
Recommendation: Staff recommends adoption of Resolution No. 003-22, authorizing the Mayor to
execute Contract No C003-22 with Murraysmith, Inc. in the amount of $80,000.00 annually for the 2022
On-Call/Modeling Update Services for the City’s Sewer System and documenting procurement
procedures.
Motion for Consideration: I move to adopt Resolution No. 003-22, authorizing the Mayor to execute
Contract No C003-22 with Murraysmith, Inc. in the amount of $80,000.00 annually for the 2022 On-
Call/Modeling Update Services for the City’s Sewer System and documenting procurement procedures.
Page 21 of 178
Staff Report 4D
Page 2 of 2
Fiscal Impact: Funding allocated for On-Call services is within the approved 2021-2022 Biennial
Budget, but given current fund balances, a Budget Amendment may be required.
Alternatives: None
Attachments: Resolution No. 003-22 and Contract No. C003-22
Page 22 of 178
RESOLUTION NO. 003-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE CONTRACT NO. C003-22 WITH MURRAYSMITH, INC.
FOR 2022 ON-CALL/MODELING UPDATE SERVICES FOR THE CITY’S SEWER
SYSTEM AND DOCUMENTING ARCHITECTURAL & ENGINEERING SERVICES
PROCUREMENT PROCEDURES.
WHEREAS, pursuant to RCW 39.80, the City of Port Orchard’s Public Works Department
annually publishes a general Request for Qualifications (RFQ) for professional engineering,
surveying, architecture, structural design and related services for a Professional Services Roster;
and
WHEREAS, on June 3, 2013 the City of Port Orchard began utilizing the MRSC Consultant
Roster database, whereby MRSC publishes annually on the City’s behalf, the general Request
for Qualifications (RFQ) for professional engineering, surveying, architecture, structural design
and related services for the Professional Services Roster; and
WHEREAS, the City utilizes a professional engineering firm to perform on-call/modeling
review of the City’s sewer system; and
WHEREAS, in order to ensure the City is utilizing a currently qualified consultant at a
competitive rate for these services, the City solicited for a consultant in 2021; and
WHEREAS, on October 27, 2021, the City of Port Orchard Public Works Department
selected twelve (12) qualified firms from the MRSC current Professional Services Roster for the
Main Category; Engineering Services and Sub-Category; Sewer System Planning and Design; and
WHEREAS, on November 3, 2021, an email Request for Qualifications (RFQ) was sent to
the twelve (12) qualified firms, soliciting a Statement of Qualifications for the 2022 On-
Call/Modeling Update Services for the City’s Sewer System; and
WHEREAS, by the November 12, 2021 RFQ deadline, only one (1) Statement of
Qualifications was received by the City, submitted by Murraysmith, Inc.; and
WHEREAS, Staff reviewed the Statement of Qualifications and confirmed it met the
requirements of the RFQ, and on November 16, 2021, Staff notified Murraysmith, Inc. that they
had been selected for the 2022 On-Call/Modeling Update Services for the City’s Sewer System,
being determined as the most qualified professional services engineering firm, subject to
Council approval; and
WHEREAS, on December 8, 2021, a scope clarification meeting with Murraysmith, Inc.
was held; and
Page 23 of 178
Resolution No. 003-22
Page 2 of 2
WHEREAS, on December 14, 2021, the City’s Public Works Department received a viable
Project Understanding (Scope and Budget) from Murraysmith, Inc., and the City negotiated the
remaining terms of a service agreement with the selected Consultant; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor’s Office, wishes to document their consultant selection process as described above for
this particular contract by Resolution; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council authorizes the Mayor to execute Contract No. C003-22 with
Murraysmith, Inc. for the 2022 On-Call/Modeling Update Services for the City’s Sewer
System and adopts the “Whereas” statements contained herein as findings in support of
the City’s consultant selection procurement procedures.
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 11th day of January 2022.
____________________________________
Robert Putaansuu, Mayor
ATTEST:
____________________________
Brandy Rinearson, MMC, City Clerk
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Summary: Due to the limitations of in-house staff, the City utilizes the services of a qualified engineering
firm to perform concurrency review for the City’s Water Systems and associated projects and solicits for
qualified firms on a regular basis to ensure a competitive rate for these services. The costs for these
services are passed through to the project applicant, via the City’s fee structure. On October 27, 2021,
the City’s Public Works Department selected twelve (12) qualified firms from the current MRSC
Professional Services Roster for the Main Category; Engineering Services and Sub-Category; Water
System Planning and Design. On November 3, 2021, the City provided Request for Qualifications (RFQ)
notification to each of the selected firms via email for the 2022 Concurrency Review Services for the
City’s Water Systems (Project). By the November 12, 2021 RFQ deadline, only one (1) Statement of
Qualification (SOQ) was received. Public Works Department staff reviewed the SOQ and confirmed that
the submitting firm, Murraysmith, Inc., was qualified to provide these services. On November 16, 2021,
Murraysmith, Inc. was notified that it was the most qualified professional services engineering firm for
the Project. On December 8, 2021, Staff met with Murraysmith, Inc. to clarify the Project scope and on
December 14, 2021, the City received a viable Schedule of Rates and Charges for the 2022 Concurrency
“Pass Through” Review Services for the City’s Water Systems. The parties thereafter negotiated the
terms of a professional services agreement to govern the Project.
Relationship to Comprehensive Plan: Chapter 7 - Utilities
Recommendation: Staff recommends adoption of Resolution No. 002-22, authorizing the Mayor to
execute Contract No C002-22 with Murraysmith, Inc. for the 2022 Concurrency “Pass Through” Review
Services for the City’s Water Systems and documenting procurement procedures.
Motion for Consideration: I move to adopt Resolution No. 002-22, authorizing the Mayor to execute
Contract No C002-22 with Murraysmith, Inc. for the 2022 Concurrency Review Services for the City’s
Water Systems and documenting procurement procedures.
Fiscal Impact: Funding for Concurrency “Pass Through” Review Services paid in advance by the
Developer.
Page 38 of 178
Staff Report 4E
Page 2 of 2
Alternatives: None
Attachments: Resolution No. 002-22 and Contract No. C002-22
Page 39 of 178
RESOLUTION NO. 002-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE CONTRACT NO. C002-22 WITH MURRAYSMITH, INC.
FOR 2022 CONCURRENCY REVIEW SERVICES FOR THE CITY’S WATER SYSTEMS,
AND DOCUMENTING ARCHITECTURAL & ENGINEERING SERVICES
PROCUREMENT PROCEDURES.
WHEREAS, pursuant to RCW 39.80, the City of Port Orchard’s Public Works Department
annually publishes a general Request for Qualifications (RFQ) for professional engineering,
surveying, architecture, structural design and related services for a Professional Services Roster;
and
WHEREAS, on June 3, 2013 the City of Port Orchard began utilizing the MRSC Consultant
Roster database, whereby MRSC publishes annually on the City’s behalf, the general Request
for Qualifications (RFQ) for professional engineering, surveying, architecture, structural design
and related services for the Professional Services Roster; and
WHEREAS, the City utilizes a professional engineering firm to perform concurrency
review of water system project materials, with the costs for the concurrency review borne by
the project applicant as a pass-through cost; and
WHEREAS, in order to ensure the City is utilizing a currently qualified consultant at a
competitive rate for these services, the City solicited for a consultant in 2021; and
WHEREAS, on October 27, 2021, the City of Port Orchard Public Works Department
selected twelve (12) qualified firms from the MRSC Professional Services Roster for the Main
Category; Engineering Services and Sub-Category; Water System Planning and Design; and
WHEREAS, on November 3, 2021, an email Request for Qualifications (RFQ) was sent to
the twelve (12) qualified firms, soliciting a Statement of Qualifications for the 2022 Concurrency
Review Services for the City’s Water Systems; and
WHEREAS, by the November 12, 2021 RFQ deadline, only one (1) Statement of
Qualifications was received by the City, submitted by Murraysmith, Inc.; and
WHEREAS, Staff reviewed the Statement of Qualifications and confirmed it met the
requirements of the RFQ, and on November 16, 2021, Staff notified Murraysmith, Inc. that they
had been selected for the 2022 Concurrency Review Services for the City’s Water Systems,
being determined as the most qualified professional services engineering firm, subject to
Council approval; and
WHEREAS, on December 8, 2021, a scope clarification meeting with Murraysmith, Inc.
was held; and
Page 40 of 178
Resolution No. 002-22
Page 2 of 2
WHEREAS, on December 14, 2021, the City’s Public Works Department received a viable
Schedule of Rates and Charges from Murraysmith, Inc., and the City negotiated the remaining
terms of a service agreement with the selected Consultant; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor’s Office, wishes to document their consultant selection process as described above for
this particular contract by Resolution; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council authorizes the Mayor to execute Contract No. C002-22 with
Murraysmith, Inc. for the 2022 Concurrency Review Services for the City’s Water
Systems, and adopts the “Whereas” statements contained herein as findings in support
of the City’s consultant selection procurement procedures.
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 11th day of January 2022.
____________________________________
Robert Putaansuu, Mayor
ATTEST:
____________________________
Brandy Rinearson, MMC, City Clerk
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Summary: Due to the limitations of in-house staff, the City utilizes the services of a qualified engineering
firm to perform on-call/modeling services for the City’s Water Systems and associated projects and
solicits for qualified firms on a regular basis to ensure a competitive rate for these services. On October
27, 2021, the City’s Public Works Department selected twelve (12) qualified firms from the current MRSC
Professional Services Roster for the Main Category; Engineering Services and Sub-Category; Water
System Planning and Design. On November 3, 2021, the City provided Request for Qualifications (RFQ)
notification to each of the selected firms via email for the 2022 On-Call/Modeling Update Services for the
City’s Water Systems (Project). By the November 12, 2021 RFQ deadline, only one (1) Statement of
Qualification (SOQ) was received. Public Works Department staff reviewed the SOQ and confirmed that
the submitting firm, Murraysmith, Inc. was the most qualified professional services engineering firm for
the Project. On December 8, 2021, Staff met with Murraysmith, Inc. to clarify the Project scope and on
December 14, 2021, the City received a viable Scope of Work and Budget from Murraysmith, Inc. in an
amount not to exceed $80,000.00 annually for the 2022 On-Call/Modeling Update Services for the City’s
Water Systems. The parties thereafter negotiated the terms of a professional services agreement to
govern the Project.
Relationship to Comprehensive Plan: Chapter 7 - Utilities
Recommendation: Staff recommends adoption of Resolution No. 001-22, authorizing the Mayor to
execute Contract No C001-22 with Murraysmith, Inc. in the amount of $80,000.00 annually for the 2022
On-Call/Modeling Update Services for the City’s Water Systems and documenting procurement
procedures.
Motion for Consideration: I move to adopt Resolution No. 001-22, authorizing the Mayor to execute
Contract No C001-22 with Murraysmith, Inc. in the amount of $80,000.00 annually for the 2022 On-
Call/Modeling Update Services for the City’s Water Systems and documenting procurement procedures.
Fiscal Impact: Funding allocated for On-Call services is within the approved 2021-2022 Biennial Budget,
but given current fund balances, a Budget Amendment may be required.
Page 55 of 178
Staff Report 4F
Page 2 of 2
Alternatives: None
Attachments: Resolution No. 001-22 and Contract No. C001-22
Page 56 of 178
RESOLUTION NO. 001-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE CONTRACT NO. C001-22 WITH MURRAYSMITH, INC.
FOR THE 2022 ON-CALL/MODELING UPDATE SERVICES FOR THE CITY’S WATER
SYSTEMS AND DOCUMENTING ARCHITECTURAL & ENGINEERING SERVICES
PROCUREMENT PROCEDURES.
WHEREAS, pursuant to RCW 39.80, the City of Port Orchard’s Public Works Department
annually publishes a general Request for Qualifications (RFQ) for professional engineering,
surveying, architecture, structural design and related services for a Professional Services Roster;
and
WHEREAS, on June 3, 2013 the City of Port Orchard began utilizing the MRSC Consultant
Roster database, whereby MRSC publishes annually on the City’s behalf, the genera; Request
for Qualifications (RFQ) for professional engineering, surveying, architecture, structural design
and related services for the Professional Services Roster; and
WHEREAS, the City utilizes a professional engineering firm to perform on-call/modeling
review of the City’s water system; and
WHEREAS, in order to ensure the City is utilizing a currently qualified consultant at a
competitive rate for these services, the City solicited for a consultant in 2021; and
WHEREAS, on October 27, 2021, the City of Port Orchard Public Works Department
selected twelve (12) qualified firms from the MRSC Professional Services Roster for the Main
Category; Engineering Services and Sub-Category; Water System Planning and Design; and
WHEREAS, on November 3, 2021, an email Request for Qualifications (RFQ) was sent to
the twelve (12) qualified firms, soliciting a Statement of Qualifications for the 2022 On-
Call/Modeling Update Services for the City’s Water Systems; and
WHEREAS, by the November 12, 2021 RFQ deadline, only one (1) Statement of
Qualifications was received by the City, submitted by Murraysmith, Inc.; and
WHEREAS, Staff reviewed the Statement of Qualifications and confirmed it met the
requirements of the RFQ, and on November 16, 2021, Staff notified Murraysmith, Inc. that they
had been selected for the 2022 On-Call/Modeling Update Services for the City’s Water Systems,
being determined as the most qualified professional services engineering firm, subject to
Council approval; and
WHEREAS, on December 8, 2021, a scope clarification meeting with Murraysmith, Inc.
was held; and
Page 57 of 178
Resolution No. 001-22
Page 2 of 2
WHEREAS, on December 14, 2021, the City’s Public Works Department received a viable
Project Understanding (Scope and Budget) from Murraysmith, Inc., and the City negotiated the
remaining terms of a service agreement with the selected Consultant; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor’s Office, wishes to document their consultant selection process as described above for
this particular contract by Resolution; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council authorizes the Mayor to execute Contract No. C001-22 with
Murraysmith, Inc. for the 2022 On-Call/Modeling Update Services for the City’s Water
Systems and adopts the “Whereas” statements contained herein as findings in support
of the City’s consultant selection procurement procedures.
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 11th day of January 2022.
____________________________________
Robert Putaansuu, Mayor
ATTEST:
____________________________
Brandy Rinearson, MMC, City Clerk
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Summary: On August 5, 2021, Northcamp Property Investments, LLC, a successor owner to Doug Skrobut and GEM
1, LLC, of property identified as McCormick Woods North Phase III, Division 2 (a portion of McCormick North Phase
III), submitted an application for final plat approval for the McCormick Woods North Phase III, Division 2 project. The
City of Port Orchard Hearing Examiner was granted preliminary plat approval with conditions on October 20, 2010. A
Mitigated Determination of Non-Significance for McCormick Village was issued on September 20, 2010. The applicant
subsequently revised the preliminary plat approval for McCormick North Phase III through two plat minor
modifications, approved by the Department of Community Development Director on January 17, 2012 and October
2, 2020.
The final plat for the McCormick Woods North Phase III, Division 2 subdivision creates 66 single-family residential lots
and 16 tracts, consisting of common open space, recreational space and shared access which is consistent with the
conditions established by the October 20, 2010 Preliminary Plat Decision and September 20, 2010 Mitigated
Determination of Nonsignificance, as amended on January 17, 2012 and October 2, 2020. The applicant has installed
or bonded for roadway illumination, roads, sidewalks, landscaping, water and sewer, and storm drainage
improvements, and the City has received acceptable bonds guaranteeing completion of any improvements not yet
completed. Streets within this final plat are for public use and will be accepted into the City’s road system.
Relationship to Comprehensive Plan: N/A
Recommendation: Adoption of a resolution, granting approval of the final plat of Plat of McCormick Woods North
Phase III, Division 2.
Motion for consideration: I move to adopt a resolution, as presented, granting final plat approval for McCormick
Woods North Phase III, Division 2.
Fiscal Impact: Income from building permit fees, ongoing maintenance of public infrastructure.
Alternatives: Approval with added conditions.
Attachments: Resolution, Plat map, Department of Community Development Approval Letter, Public Works
Approval Letter, Landscaping Performance Bond, Performance Bond for certain civil improvements, and Bill of Sale.
Page 72 of 178
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, GRANTING FINAL
PLAT APPROVAL FOR A 66-LOT AND 16-TRACT PLAT KNOWN AS MCCORMICK WOODS
NORTH PHASE III, DIVISION 2
WHEREAS, property owner Greg Krabbe, on behalf of Northcamp Property Investments
LLC (hereinafter “Applicant”), has submitted an application for final plat approval of the project
known as McCormick Woods North Phase III, Division 2 on undeveloped property located in the
City of Port Orchard (hereinafter “the Property”); and
WHEREAS, in 2010, the Applicant submitted an application for preliminary plat approval
for the McCormick North Phase III to subdivide 129 acres into 159 single-family lots and related
tracts, including the McCormick Village phase; and
WHEREAS, on October 10, 2010, after a duly-noticed public hearing to review the
proposed development, the City of Port Orchard Hearing Examiner approved the Preliminary
Plat for the McCormick North Phase III; and
WHEREAS, the Property is subject to a Development Agreement vesting the property to
certain development standards, recorded on December 21, 2010; and
WHEREAS, the Property is subject to a Development Agreement for traffic, recorded on
October 21, 2005 as modified and recorded on February 19, 2021; and
WHEREAS, on January 17, 2012, the City of Port Orchard Development Director
approved a Minor Plat Amendment to the McCormick North Phase III preliminary plat; and
WHEREAS, on October 2, 2020, the City of Port Orchard Development Director
approved a Minor Plat Amendment to the McCormick North Phase III preliminary plat; and
WHEREAS, on August 5, 2021 the Applicant submitted an application seeking final plat
approval for a portion of the McCormick North Phase III preliminary plat known as McCormick
Woods North Phase III, Division 2, for the subdivision of 66 single-family residential lots, 16
tracts, and public right-of-way; and
WHEREAS, City staff has reviewed the proposed final plat for compliance with the Port
Orchard Municipal Code, and recommends approval subject to adequate bonding/securities in
place to ensure the completion of remaining work in the event the Applicant should fail to
comply with the terms of the preliminary plat approval; and
Page 73 of 178
Resolution No. ______
Page 2 of 3
WHEREAS, the Director of Public Works has determined that the proposed means of
sewage disposal and water supply are adequate as constructed or bonded, and recommends
approval of the final plat; and
WHEREAS, the City Engineer recommends approval of the final plat; and
WHEREAS, the City Community Development Director recommends approval of the final
plat; and
WHEREAS, the Applicant has secured bonds guaranteeing completion of certain
improvements required by the Preliminary Plat Approval; and
WHEREAS, the City Council finds that the McCormick Woods North Phase III, Division 2
Final Plat conforms to all terms and conditions of the preliminary plat approval, as approved by
the Hearing Examiner, and that said subdivision meets the requirements of Chapter 58.17 RCW
and other applicable state laws and local ordinances; and
WHEREAS, the City Council finds that the McCormick Woods North Phase III, Division 2
Final Plat conforms to the applicable zoning requirements and Port Orchard’s Comprehensive
Plan; 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 approves the final plat for McCormick Woods
North Phase III, Division 2, as illustrated and as legally described in Exhibit A, attached
hereto; and
THAT: The McCormick Woods North Phase III, Division 2 subdivision shall be
governed by the terms of approval of the final plat, and the statutes, ordinances, and
regulations in effect at the time of approval for a period of five years after final plat
approval, unless the City Council finds that a change in conditions has created a
serious threat to the public health or safety in the subdivision.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
Page 74 of 178
Resolution No. ______
Page 3 of 3
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 11th day of January 2022.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
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CITY OF PORT ORCHARD
Development Director
216 Prospect Street, Port Orchard, WA 98366
Phone: (360) 874-5533 Fax: (360) 876-4980
planning@cityofportorchard.us
www.cityofportorchard.us
January 4, 2022
City Council
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Re: Recommendation of Approval of Final Plat for McCormick Woods North Phase III
Division 2 (LU21-PLAT FINAL-01)
Dear City Council:
In accordance with RCW 58.17.150(2), I hereby state that I have reviewed the subdivision
documents for conformance to applicable land use regulations and to the conditions in the City
of Port Orchard Hearing Examiner Decision dated October 20, 2010, the subsequent
administrative minor plat amendment decisions issued by the City of Port Orchard
Development Director on January 17, 2012 and October 2, 2020, and the conditions of the
Mitigated Determination of Non-Significance dated September 20, 2010. An appropriate
performance bond has been received by the City of Port Orchard for certain civil improvements
which adequately satisfies the conditions of preliminary plat approval. The subdivision complies
with all terms and conditions of the approved preliminary plat that are within the authority of
the Department of Community Development. I therefore recommend approval of the final plat.
Sincerely,
Nicholas Bond, AICP
City Development Director
Page 83 of 178
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BILL OF SALE
;, .. fl\ ~ .
THIS BILL OF SALE is made and executed this ~lIJ __ day of ,l.~t:'f:.,f:-P , 20~L
by and between _McCormick Development Corp __ , a Washington Limited Liability
Corporation, hereinafter called the "Grantor" and the City of Port Orchard, a Municipal
Corporation, hereinafter called the "Grantee."
WITNESSETH:
That the Grantor, for good and valuable consideration, the receipt of which is hereby
acknowledged, hereby conveys, sets over, assigns, transfers and delivers and warrants to the
City of Port Orchard ownership in the following described personal property situated in Kitsap
County, State of Washington, and installed by the Grantor to date, TO WIT:
Public sewer mains and public road and storm improvements and associated appurtenances
constructed on-site at the McCormick Noreth Phase Ill Division 2 project located on parcel
052301-4-028-2003. These improvements are further described in Exhibit A and itemized in
Exhibit B, both of which are attached hereto and incorporate herein by this reference.
The Grantor hereby warrants that it is the lawful and sole owner of all the personal property
· above conveyed, that such items are free from all liens and encumbrances, that the Grantor
has the full power to convey and transfer the same, and that the Grantor will defend the same
against the claims and demands of any and all persons lawfully making claims thereto. The
Granter further warrants that the execution of this Bill of Sale is an authorized act of said
Grantor.
Dated at \'S,eh~O , Washington, this _
By: -\----+.,,.._-"'=:b,tf-=---IC-----'"--''---
lts: -------~"-'F-~~~'-'-+-~~------
James N Tosti
f>:\Surcty fonns\Bill of Sale\approvcd by Interim Atty\Bill of Sale - Master Form
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[Remainder of page intentionally left blank]
P:\Surcty fo nns\B ill of Salc\approvcd by Interim A lly\llill of Sale - M aster Form
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Dated at Port Orchard, W ashington, this~ day of---.~~~~~....J 20 1.1'.l
CITY OF PORT ORCHARD
STATE OF WASHINGTON
COUNTY OF KITSAP
)ss
)
On this day and year above personally appeared before me, Mark R. Dorsey, who
executed the foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of the City of Port Orchard for the uses and purposes therein mentioned,
and on oath states he is authorized to execute the said instrument.
Given under my hand and official seal this day of , 20 .
Notary Public in and for the State of Washington,
residing in _
My commission expires _
P:\Surcty fonns\Bill or Sale\approved by Interim Atly\Bill or Sale- Master Form
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Exhibit A
List of Required Improvements
The following provides a general description of the improvements conveyed under
this Bill of Sale related to the "McCormick Woods North Phase III Division 2" project
as shown in the approved construction plans prepared by Contour Engineering LLC
with the City approval dated 3.30.21.
1.) Specific im provements conveyed under this Bill of Sale include the following elements found
within this appro ved construction dra wings set as follows.
a. Public sewer main extension, associated manholes and appurtenances within the plat
as shown on below plan sheets
i. C49-CSB
b. Public ro ad and storm improvements, associated structures and appurtenances within
the plat as shown on below plan sheets;
i. C20-C45
The items, quantity and value of the improvements described above and conveyed
under this Bill of Sale are presented in Exhibit B and are associated with City of Port
Orchard Permit #s PW20-055 and PW20-056.
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~''"''""
EXHIBIT B I
108 West Stewart
Puyallup, WA 98371
Office (253) 604-7200
Fax (253) 251-8999
w:ww_,rp_dex.efo pm ent,cQm
To:
A tt n :
The Cordillera Group
Mr. Nick Tosti
!105 Kirkland Ave, Suite 200
Kirkland, WA 98033
22-Oct-21
Engineer: Contour Engineering LLC
Plans: Civil: Sheets CI-C77 dated 6-7-21
Date:
Project: McCormick North Phase III : Div. 2
Project #: 26030
Addcndums: N/A
Revision #: 3 Geotech Report: NIA
McCormick North III - DIV. 2
Code D es c Qu11n
Road Grading & Construction- Public
Uni(s Price Total:
78 Sawcut & Demo Existing Asphalt 30 LF $8.00 $240.00
80 Fine Grade Roadway 145,180 SF $0.15 $21,777.00
82 Fine Grade Sidewalks/Driveways/Path 60,100 SF $1.15 $69,115.00
84 Fine Grade Curb 8,370 LF $3.25 $27,202.50
86 Fine Grade Planter Strip 3,990 SF $0.50 $1,995.00
88 Fine Grade & Place Gravel Shoulder 410 LF $4.00 $1,640.00
92 Concrete Rolled Curb & Gutter 5,060 LF $16.30 $82,478.00
94 Concrete Vertical Curb & Gutter 3,110 LF $14.70 $45,717.00
96 Concrete Traffic Curb 200 LF $28.00 $5,600.00
98 Asphalt Thickened Edge 495 LF $3.50 $1,732.50
100 Concrete Sidewalks (4") 23,115 SF $4.30 $99,394.50
102 Concrete Driveways (6") 30,865 SF $5.15 $158,954.75
104 Rip Rap Pad (Curb Depression Inlets) 12 EA $300.00 $3,600.00
106 Handicap/Transition Ramps 24 EA $900.00 $21,600.00
108 Fine Grade & Place Gravel Base 4,165 TON $32.00 $133,280.00
110 Fine Grade & Place CSTC 4,805 TON $30.00 $144,150.00
112 Asphalt Paving- 3'' HMA Cl 1/2" 2,255 TON $105.00 $236,775.00
114 Asphalt Paving- 4" HMA Cl 1/2" 835 TON $ I 05.00 $87,675.00
115 Asphalt Paving- 3" (Pathway) 125 TON $150.00 $18,750.00
116 Survey Monuments 20 EA $525.00 $10,500.00
117 Bollards 3 EA $960.00 $2,880.00
118 Channelization & Signage LS $35,290.00 $35,290.00
Total Road Grading & Construction- Public $1,210,346.25
Sanitary Sewer System
140 Connect To Existing EA $3,500.00 $3,500.00
142 4" PVC SDR-35 Side Sewer 760 LF $29.00 $22,040.00
144 6" PVC SDR-35 Side Sewer 1,935 LF $30.00 $58,050.00
146 8" PVC SDR-35 Sewer 3,113 LF $36.00 $112,068.00
* 148 48" SSMH (W/ GU Liner) 15 EA $7,800.00 $I l7,000.00
* 150 60" SSMH Type J (W/ GU Liner) 3 EA $13,000.00 $39,000.00
152 Inside Drop I EA $1,600.00 $1,600.00
• 154 Mainline Cleanouts 4 EA $580.00 $2,320.00
·• 156 Side Sewer Cleanouls 68 EA $395.00 $26,860.00
* 158 Raise Manhole To Final Grade ( I-Lift) 26 EA $625.00 $16,250.00
160 Concrete Collar 2 EA $400.00 $800.00
162 Adjust Existing Manhole 8 EA $1,550.00 $12,400.00
Total Sanitary Sewer System $411,llRR.00
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EXHIBIT B i
108 W est Stewart
Pu yallup, WA 98371
Oi'fice (253) 604- 7200
Fax (253) 251-8999
ww:w...rpde:v:elopmentcom
To:
Attn:
The Cordillera Group
Mr. Nick Tosti
1105 Kirkland Ave, Suite 200
Kirkland, WA 911033
22-Oct-21
Engineer: Co11to 11r E ng ineering LL C
Plans: Civil: Sheets C I-C77 dated 6-7-21
Date:
Project: M cCormick North Phase III: Div. 2
Project #: 26030
Addendums: NIA
Revision #: 3 Gcotcch Report: NIA
Storm System- Public
181 Remove Existing Culvert 115 LF $18.50 $2,127.50
182 Connect To Existing 5 EA $3,500.00 $17,500.00
184 8'' DIP Cl-50 Storm 608 LF $55.00 $33,440.00
186 8" ADS CPEP Storm 40 L F $33.00 $1,320.00
188 12" DIP Cl-50 Storm 131 LF $75.00 $9,825.00
190 12" PERF Storm (W/ Anchors) 54 LF $80.00 $4,320.00
192 12" ADS CPEP Storm 2,979 LF $40.00 $119,160.00
194 18" ADS CPEP Storm 416 LF $59.00 $24,544.00
196 24" PVC SDR35 Storm 94 LF $ I 55.00 $14,570.00
198 24" ADS CPEP Storm 572 LF $86.00 $49,192.00
200 36" ADS CPEP Storm 469 LF $174.50 $81,840.50
202 Bio Retention Cell Construction 459 LF $125.00 $57,375.00
204 Rip Rap Pad & Trash Rack 3 EA $2,650.00 $7,950.00
206 Catch Basin Type I 50 EA $1,100.00 $55,000.00
208 Catch Basin Type lL 3 EA $1,400.00 $4,200.00
210 Catch Basin Type II 48" 4 EA $2,925.00 $11,700.00
211 Catch Basin Type Ir 84" I EA $8,310.00 $8,310.00
212 Manhole Type l-48" 4 EA $3,655.00 $14,620.00
213 Manhole Type I 60" 3 EA $8,930.00 $26,790.00
214 Manhole Type I 72" 3 EA $7,400.00 $22,200.00
217 Raise Catch Basin To Final Grade (I-Lift) 12 EA $625.00 $7,500.00
218 Concrete Collar 6 EA $400.00 $2,400.00
219 Adjust Existing Catch Basin EA $1,550.00 $1,550.00
220 Remove & Replace Curb 40 LF $58.50 $2,340.00
221 Remove & Replace Sidewalk 120 SF $9.00 $1,080.00
222 Remove & Replace Asphalt (Grind & Overlay) 2,710 SF $3.15 $8,536.50
Total Storm System- Public $589,390.50
BILL OF SALE: SUB-TOTAL»>» $2,211,624.75
S A T,F.S T4 X - 9.0% >>>>> $37,069.92
BILL OF SALE: TOT AL»»> $2,248,694.67
Items mar!.cd * arc tuxoble
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Summary: The City provides mutual public works aid to its neighboring jurisdictions and the Washington
State Department of Transportation (WSDOT) to ensure immediate assistance in the event of a disaster
and relies upon its neighboring jurisdictions and WSDOT to provide reciprocal support. WSDOT has
developed template Agreements to govern the terms of public works mutual aid provided by neighboring
jurisdictions in the event of an emergency. There are separate Interlocal Agreements to govern the
parties’ roles and responsibilities for providing mutual aid in two scenarios: (1) in the event of a
proclaimed disaster; and (2) when a disaster occurs, but there has not been a proclamation of emergency,
as set out in Chapter 38.52 RCW. The Agreements call for reimbursement of costs expended responding to
the emergencies, at the responding agency’s adopted compensation rates. The agency requesting
assistance agrees to indemnify the responding agency for any claims arising from the response.
Relationship to Comprehensive Plan: N/A.
Recommendation: Staff recommends the Council adopt Resolution No. 007-22, authorizing the Mayor to
execute two (2) Interlocal Agreements for Public Works Emergency Mutual Aid.
Motion for Consideration: I move to adopt Resolution No. 007-22, authorizing the Mayor to execute two
(2) Interlocal Agreements for Public Works Emergency Mutual Aid.
Fiscal Impact: This agreement would only be triggered in the event of a disaster. In that context, any
emergency expenditures are unknown and are unbudgeted.
Alternatives: None.
Attachments: Resolution No. 007-22
Ex. A to the Resolution - Interlocal Agreement No. GCB 3207 (City Contract No. C025-22)
Ex. B to the Resolution - Interlocal Agreement No. GCB 3187 (City Contract No. C026-22)
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RESOLUTION NO. 007-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE INTERLOCAL AGREEMENTS WITH THE WASHINGTON
STATE DEPARTMENT OF TRANSPORTATION, MASON AND KITSAP COUNTIES,
AND THE CITIES OF SHELTON, POULSBO, AND BREMERTON FOR PUBLIC WORKS
EMERGENCY RESPONSE ASSISTANCE.
WHEREAS, the City provides mutual public works aid to its neighboring jurisdictions and
the Washington State Department of Transportation (WSDOT) to ensure immediate assistance in
the event of a disaster, and relies on its neighboring jurisdictions and WSDOT to provide reciprocal
support; and
WHEREAS, WSDOT has prepared two (2) Interlocal Agreements to govern the parties’ roles
and responsibilities for providing mutual aid in two scenarios: (1) in the event of a proclaimed
disaster; and (2) when a disaster occurs but there has not been a proclamation of emergency, as
set out in Chapter 38.52 RCW; and
WHEREAS, the City and its partners are authorized to enter into these Agreements
pursuant to the Interlocal Agreement Act, Chapter 39.34 RCW; and
WHEREAS, the City Council finds it is in the best interest of the health, safety and welfare
of the residents of Port Orchard to enter into these Interlocal Agreements for mutual aid in the
event of a disaster; 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 approves of and authorizes the Mayor to execute the Interlocal
Agreement, GCB 3207, (Local Agency Emergency Event – No Proclamation) Public Works
Emergency Response Assistance Mutual Aid Agreement, with the Washington State
Department of Transportation, Mason and Kitsap County, and the cities of Shelton,
Poulsbo, and Bremerton, attached hereto as Exhibit A (Contract No. C025-22) and
incorporated herein by this reference.
THAT: The City Council approves of and authorizes the Mayor to execute the Interlocal
Agreement, GCB 3207, (Emergency Proclamation) Public Works Emergency Response
Assistance Mutual Aid Agreement, with the Washington State Department of
Transportation, Mason and Kitsap County, and the cities of Shelton, Poulsbo, and
Bremerton, attached hereto as Exhibit B (Contract No. C026-22) and incorporated
herein by this reference.
Page 104 of 178
Resolution No. 007-22
Page 2 of 2
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 11th day of January 2022.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
Page 105 of 178
GCB 3207
(Local Agency Emergency Event - NO PROCLAMATION)
PUBLIC WORKS EMERGENCY RESPONSE ASSISTANCE
MUTUAL AID AGREEMENT
This Agreement is between those Government Agencies (local, county, tribal or state), herein after "Agency'' or
"Agencies," that have executed the Agreement, as indicated by the signatures at the end of this document.
L This Agreement is authorized by Washington State Chapter 39.34 RCW (lnterlocalAgreement Act), which
provides that any one or more public agencies may contract with any one or more other public agencies to
perform any governmental service, activity, or undertaking, which each public agency entering into the
contract is authorized by law to perform.
2. The purpose of this pre-disaster agreement between the Agencies is to provide for immediate assistance to
protect life and property by facilitating the cooperation between Agencies to assist in a disaster in the
absence of a "Proclamation of Emergency" as that term is defined in Chapter 38.52 RCW.
3. A separate agreement, GCB 3l-87 (Emergency Proclamation) PUBLIC WORKS EMERGENCy RESPONSE
ASSISTANCE MUTUAL AID AGREEMENT, has been prepared to address those events where a Proclamation of
Emergency has been declared invoking the broader statutory emergency powers provided to agencies in
Chapter 38.52 RCW.
4. The parties to this Agreement are responsible for the construction and maintenance of public facilities such
as street, road, highway, and related systems during routine and emergency conditions.
5. Each of the parties owns and maintains equipment, and employs personnel who are trained to provide
service in the construction and maintenance of street, road, highway, and related systems and other
support.
NOW, THEREFORE pursuant to Chapter 39.34 RCW and in consideration of the terms, conditions, and
performances contained herein, the recitals as stated above, and the attached Exhibits which are incorporated
and made a part hereof,
It is Mutually Agreed as Follows:
7. Request
lf confronted with an emergency situation requiring personnel, equipment or material not available to it, the
requesting party (Requestor) may request assistance from any of the other parties who have executed this
Agreement.
GCB 3207 Page 1 of 5
Page 106 of 178
The Requestor may make the Emergency Response Assistance (Work) request by contacting the Designated
Primary Contact of a participating agency, from the signatory Agencies list maintained by the WSDOT Office of
Emergency Management (OEM), by phone or email.
2. Response
Upon receipt of such request, the party receiving the request (Responder) shall immediately take the
following action:
A. Determine whether it has the personnel, equipment, or material available to respond to the request.
B. Determine what available personnel and equipment should be dispatched and/or what material should
be supplied.
C. Dispatch available and appropriate personnel and equipment to the location designated by the
Requestor.
D. Provide appropriate access to the available material.
E. Advise the Requestor immediately in the event all or some of the requested personnel, equipment, or
material is not available.
NOTE: lt is understood that the integrity of dedicated funds needs to be protected. Therefore, Agencies funded
with road funds are limited to providing services for road activities; sewer funds are limited to providing services
for sewer activities and so on.
3. lncident Commander
The lncident Commander of the emergency shall be designated by the Requestor, and shall be in overall
command of the operations under whom the personnel and equipment of the Responder shall serve. The
personnel and equipment of the Responder shall be under the immediate control of a supervisor of the
Responder. lf the lncident Commander specifically requests a supervisor of the Responder to assume
command, the lncident Commander shall not, by relinquishing command, relieve the Requestor of
responsibility for the incident.
4. Documentation
Documentation of hours worked, and equipment or materials used or provided will be maintained on a shift
by shift basis by the Responder, and provided to the Requestor as needed.
5. Release of Personnel and Equipment
Allpersonnel, equipment, and unused materialprovided underthisAgreementshallbe returned tothe
Responder upon release by the Requestor, or on demand by the Responder.
GCB 3207 Page 2 of 5
Page 107 of 178
6. Compensation
It is hereby understood that the Responder will be reimbursed (e.g. labor, equipment, materials and other
related expenses as applicable, including loss or damage to equipment) at its adopted usual and customary
rates. Compensation may include:
A. Compensation for workers at the Responder's current pay structure, including call back, overtime, and
benefits.
B. Compensation for equipment at Responder/s established rental rate
C. Compensation for materials, at Responder's cost. Materials may be replaced at Requestor's discretion in
lieu of cash payment upon approval by the Responder for such replacement.
D. The Responding Agency shall submit a MutualAid Cost Recovery Submittal (Exhibit A) and itemized
voucher of costs to the Designated Primary Contact of the Requesting Agency within sixty (60) days after
completion of Work). Unless otherwise agreed, the Responding Agency shall receive reimbursement
within ninety (90) days after the voucher submittal date.
(Note: after execution of the Agreement the participating agency Designated Representative will be
provided the electronic fillable pdf of Exhibit A)
7. lndemnification
The Responding Agency shall have no responsibilities or incur any liabilities because it does not provide
resources and/or services to any other party to this Agreement.
A. To the extent permitted by law, the Requesting Agency shall protect, defend, hold harmless and
indemnify all other Responding signatory Agencies, and their officers and employees from any and all
claims, suits, costs, damages of any nature, or causes of action, including the cost of defense and
attorney's fees, by reason of the acts or omissions, whether negligent, willful, or reckless, of its own
officers, employees, agency or any other person arising out of or in connection with any acts or activities
authorized by this Agreement, and will pay alljudgments, if any, rendered. This obligation shall not
include such claims, costs, damages or other expenses which may be caused by the sole negligence of
the Responding Agencies or their authorized agents or employees.
8. Worker Compensation Withholdings and Employer Liability
Each party shall remain fully responsible as employer for all taxes, assessments, fees, premiums, wages,
withholdings, workers compensation and other direct and indirect compensation, benefits, and related
obligations with respect to its own employees. Likewise, each party shall insure, self-insure, or both, its own
employees as required by Washington Revised Code of Washington (RCW).
9. The Agreement
A. lt is understood that all parties may not execute this Agreement at the same time. lt is the intention of
the parties that any governmental entity in the State of Washington may enter into this Agreement and
that all parties who execute this Agreement will be considered to be equal parties to the Agreement.
GCB 3207 Page 3 of 5
Page 108 of 178
The individual parties to this Agreement may be "Requestor" or "Responder's" as referred to in Section
l-. and 2. above, to all others who have entered this Agreement.
B. Authorization and approval of this Agreement shall be in a manner consistent with the Agency's current
procedures. This Agreement shall be effective upon approval by two or more Agencies and shall remain
in effect as long as two or more Agencies are parties to this Agreement. Upon execution of this
Agreement, the Agency shall send an original or a certified copy of the Agreement to the Washington
State Department of Transportation, Office of Emergency Management (OEM). The OEM shall maintain
a list of all signatory Agencies.
1) Written notice of intent to terminate this Agreement must be given to all other parties on the
master list of parties at least 30 days prior to termination date. This notice shall automatically
terminate the Agreement as to the terminating party on the date set out in the notice unless
rescinded by that party in writing prior to that date.
2l Termination will not affect a party's obligations for payment arising prior to the termination of
this Agreement.
10. Non-exclusive
This Agreement is not intended to be exclusive among the parties. Any party may enter into separate
cooperative assistance or mutual aid agreements with any other entity. No such separate agreement shall
terminate any responsibility under this Agreement.
11. Parties to This Agreement
Participants in this Agreement are indicated on the following pages, one party per page.
lN WITNESS WHEREOF, the parties hereto have caused this Agreement for Public Works Emergency Response
Assistance to be executed by duly authorized representatives as of the date of their signatures.
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
,'l-1-"4 q
Pasco Bakotich lll, P.E.Date
State Maintenance Engineer
Wash n partment of Transportation
Scott
Attorney Genera
GCB 3207
Date
701
Page 4 of 5
Page 109 of 178
lN WITNESS WHEREOF, the parties hereto have caused this Agreement for Public Works Emergency Response
Assistance to be executed by duly authorized representatives as of the date of their signatures.
Agency
Jurisdiction
Authorized Representative
Date
Designated Primary Contact:
Office Contact Name Phone Number:
Email
Emergency 24 Hour Phone Number:
GCB 3207 Page 5 of 5
Page 110 of 178
GCB 3L87
(Emergency Proclamation) PUBLIC WORKS EMERGENCY
RESPONSE ASSISTANCE
MUTUAL AID AGREEMENT
This Agreement is between those Government Agencies (local, county, tribal or state), herein after
"Agency" or "Agencies," that have executed the Agreement, as indicated by the signatures at the end of
this document.
1. The purpose of this pre-disaster agreement between the Agencies is to provide for immediate
assistance to protect life and property.
2. This Agreement is authorized under Washington State Chapter 38.52 RCW (Emergency
Management),; which is activated only in the event of a proclamation of an emergency by the local,
county, tribal and/or state government approving authority.
3. The parties to this Agreement are responsible for the construction and maintenance of public
facilities such as street, road, highway, sewer, water, and related systems during routine and
emergency conditions.
4. Each of the parties owns and maintains equipment, and employs personnelwho are trained to
provide service in the construction and maintenance of street, road, highway, sewer, water, and
related systems and other support.
NOW, THEREFORE, pursuant to Chapter 38.52 RCW and in consideration of the terms, conditions, and
performances contained herein, the recitals as stated above, and the attached Exhibits which are
incorporated and made a part hereof,:
It is Mutually agreed as follows
1. Request
lf confronted with an emergency situation requiring personnel, equipment or material not available
to it, the requesting party (Requestor) may request assistance from any of the other parties who
have executed this Agreement.
The Requestor may make the Emergency Response Assistance (Work) request by contacting the
Designated Primary Contact of a participating Agency, from the list of Office of Emergency
Management (OEM) signatory Agencies, by phone or email.
2. Response
Upon receipt of such request, the party receiving the request (Responder) shall immediately take
the following action:
A. Determine whether it has the personnel, equipment, or material available to respond to the
request.
GCB 3187 Page 1 of 5
Page 111 of 178
B. Determine what available personnel and equipment should be dispatched and/or what material
should be supplied.
C. Dispatch available and appropriate personnel and equipment to the location designated by the
Requestor.
D. Provide appropriate access to the available material.
E. Advise the Requestor immediately in the event all or some of the requested personnel,
equipment, or material is not available.
NOTE: lt is understood that the integrity of dedicated funds needs to be protected. Therefore, Agencies
funded with road funds are limited to providing services for road activities, sewer funds are limited to
providing services for sewer activities and so on.
3. lncident Commander
The lncident Commander of the emergency shall be designated by the Requestor, and shall be in
overall command of the operations under whom the personnel and equipment of the Responder
shall serve. The personnel and equipment of the Responder shall be under the immediate control of
a supervisor of the Responder. lf the lncident Commander specifically requests a supervisor of the
Responder to assume command, the lncident Commander shall not, by relinquishing command,
relieve the Requestor of responsibility for the incident.
4. Documentation
Documentation of hours worked, and equipment or materials used or provided will be maintained
on a shift by shift basis by the Responder, and provided to the Requestor as needed.
5. Release of Personnel and Equipment
All personnel, equipment, and unused material provided under this Agreement shall be returned to
the Responder upon release by the Requestor, or on demand by the Responder.
5. Compensation
It is hereby understood that the Responder will be reimbursed (e.g. labor, equipment, materials and
other related expenses as applicable, including loss or damage to equipment) at its adopted usual
and customary rates. Compensation may include:
A. Compensation for workers at the Responder's current pay structure, including call back,
overtime, and benefits.
B. Compensation for equipment at Responde/s established rental rate.
C. Compensation for materials, at Responder's cost. Materials may be replaced at Requestor's
discretion in lieu of cash payment upon approval by the Responder for such replacement.
GCB 3187 Page 2 of 5
Page 112 of 178
D. The Responding Agency shall submit a Mutual Aid Cost Recovery Submittal (Exhibit A) and
itemized voucher of costs to the Designated Primary Contact of the Requesting Agency within
sixty (60) days after completion of Work (RCW 38.52.080). Unless otherwise agreed, the
Responding Agency shall receive reimbursement within ninety (90) days after the voucher
submittaldate.
(Note: after execution of the Agreement the participating Agency Designated Representative
will be provided the electronic fillable pdf of Exhibit A)
7. lndemnification
The Responding Agency shall have no responsibilities or incur any liabilities because it does not
provide resources and/or services to any other party to this Agreement.
A. All privileges, immunities, rights, duties and benefits of officers and employees of the
Responding Agency shall apply while those officers and employees are performing functions and
duties on behalf of the Requesting Agency, unless otherwise provided by law. Employees of the
Responding Agency remain employees of the Responding Agency while performing functions
and duties on behalf of the Requesting Agency (RCW 38.52.080).
B. To the extent permitted by law, the Requesting Agency shall protect, defend, hold harmless and
indemnify all other Responding signatory Agencies, and their officers and employees from any
and all claims, suits, costs, damages of any nature, or causes of action, including the cost of
defense and attorney's fees, by reason of the acts or omissions, whether negligent, willful, or
reckless, of its own officers, employees, agency or any other person arising out of or in
connection with any acts or activities authorized by this Agreement, and will pay alljudgments,
if any, rendered. This obligation shall not include such claims, costs, damages or other expenses,
which may be caused by the sole negligence of the Responding Agencies or their authorized
agents or employees.
8. Worker Compensation Withholdings and Employer Liability
Each party shall remain fully responsible as employer for all taxes, assessments, fees, premiums,
wages, withholdings, workers compensation and other direct and indirect compensation, benefits,
and related obligations with respect to its own employees. Likewise, each party shall insure, self-
insure, or both, its own employees as required by Washington Revised Code of Washington (RCW)
9. The Agreement
A. lt is understood that all parties may not execute this Agreement at the same time. lt is the
intention of the parties that any governmental entity in the State of Washington may enter into
this Agreement and that all parties who execute this Agreement will be considered to be equal
parties to the Agreement. The individual parties to this Agreement may be "Requestor" or
"Responde/s" as referred to in Section L. and 2. above, to all others who have entered this
Agreement.
GCB 3187 Page 3 of 5
Page 113 of 178
B. Authorization and approval of this Agreement shall be in a manner consistent with the Agency's
current procedures. This Agreement shall be effective upon approval by two or more Agencies
and shall remain in effect as long as two or more Agencies are parties to this Agreement. Upon
execution of this Agreement, the Agency shall send an original or a certified copy of the
Agreement to the Washington State Department of Transportation, Office of Emergency
Management (OEM). The OEM shall maintain a list of all signatory Agencies.
1) Written notice of intent to terminate this Agreement must be given to all other parties
on the master list of parties at least 30 days prior to termination date. This notice shall
automatically terminate the Agreement as to the terminating party on the date set out
in the notice unless rescinded by that party in writing prior to that date.
2l Termination will not affect a party's obligations for payment arising prior to the
termination of this Agreement.
10. Non-Exclusive
This Agreement is not intended to be exclusive among the parties. Any party may enter into
separate cooperative assistance or mutual aid agreements with any other entity. No such separate
agreement shall terminate any responsibility under this Agreement.
11. Parties to This Agreement
Participants in this Agreement are indicated on the following pages, one party per page
lN WITNESS WHEREOF, the parties hereto have caused this Agreement for Public Works Emergency
Response Assistance to be executed by duly authorized representatives as of the date of their
signatures.
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
^.rcPasco Bakotich lll, P.Date
State Maintenance Engineer
Washington partment of Transportation
(7
kwood
Assista Attorney General
Date
GCB 3187 Page 4 of 5
Page 114 of 178
lN WITNESS WHEREOF, the parties hereto have caused this Agreement for Public Works Emergency
Response Assistance to be executed by duly authorized representatives as of the date of their
signatures.
Agency
Jurisdiction
Authorized Representative
Date
Designated Primary Contact:
Office Contact Name:Phone Number;
Email
Emergency 24 Hour Phone Number:
GCB 3187 Page 5 of 5
Page 115 of 178
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Agenda 4I Meeting Date: January 11, 2022
Subject: Approval of a Contract with Camino for Prepared by: Nicholas Bond
Web-Based Services for DCD Permit DCD Director
Center’s Permitting Application Processes Atty Routing No.: Matter 11-Development
Atty Review Date: November 23, 2021
Summary: The Department of Community Development proposes to enter a software agreement with
Camino in order to better manage the electronic permitting process, to facilitate the applicants’ experience,
to decrease the incidence of incomplete applications, and to improve the use of staff time to process, review
and issue permits.
The COVID-driven events over the last year led to the City quickly moving away from receiving paper
submittals at the Permit Center counter. DCD implemented a solution using email and cloud file sharing to
keep the process flowing. And although our doors are now open, the use of electronic applications, remote
interactions, and teleworking are not going away. The public and the development community has shown a
preference for continuing with the convenience and safety afforded by electronic applications and permits.
Applicants rarely stop by anymore for an in-office counter visit to get answers about what they can do with
their property and to understand the permit requirements before applying. Consequently, we have
experienced a rise in the number of applications that are incomplete or inaccurate. This has led to additional
staff review and processing, and slower permit turnaround times. After reviewing the capabilities of our
current permitting system and other software applications for an intelligent technology solution that can
substitute for the personal interaction, DCD has determined that Camino best addresses these needs by
guiding the applicant to a better submittal.
The software includes two distinct deliverables that will streamline the public interaction via an online pre-
meeting Guide, followed by an online application submittal system. First, Camino will provide a virtual pre-
meeting, leading the Applicant through a series of questions about their proposal. The results will inform
them if the activity is permitted, address project requirements, and provide a list of forms to use when
applying. Secondly, the applicant will use the information garnered from the Guide to upload documents and
submit the application through Camino’s online portal.
A 3-year contract was negotiated for $45,000.00. Including applicable tax, the cost will be $49,050.00.
The proposed contract uses Camino’s form and has been reviewed by the City Attorney.
Relationship to Comprehensive Plan: N/A
Page 116 of 178
Staff Report 4I
Page 2 of 2
Recommendation: Staff recommends approval of the contract with Camino as presented.
Motion for consideration: “I move to approve the contract with Camino as presented.”
Fiscal Impact: The contract offers to waive the cost of the Camino-led Implementation ($10,000.00)
and offers a 25% discount to the annual contract cost with a 3-year contract term. The three-year total
(2022 – 2024) is $49,050, including applicable tax. DCD staff will work with Camino to develop the
Guide based on our current regulations. We anticipate 1 – 2 hours per day for two employees during
the implementation period, which is expected to take up to six months. Extended work hours may be
required during that time. Building plan review and permit revenues for the past 2 years have been
very strong, and have exceeded budgeted revenue.
The Camino software was added to the DCD budget as part of the 2021 mid-year budget review.
Alternatives: Do not approve the contract as presented.
Attachments: Contract
Page 117 of 178
November 2021
Proposal for City of Port Orchard, WA
Permit Guide/Application Portal
Page 118 of 178
Summary of Solution
Camino is a web-based solution that improves the customer experience for permit and licensing processes. Camino
software is provided through a SaaS (software as a service) model, meaning that all functionality is accessed
through the internet on a subscription basis. For this proposal Camino is excited to offer the solutions outlined
below.
Camino Guide Summary:
The Camino Guide is an informational resource that serves as a virtual ‘pre-meeting’ for anybody thinking about
starting a building project. After first answering a series of questions, applicants will automatically receive a
customized guide containing their timeline, fees, and process for successful project completion. The Guide will also
integrate with existing GIS systems to let the applicant know whether their project is allowed in the selected zone.
By making every applicant an expert, the Camino Guide reduces errors, frees up valuable staff resources, and flags
any potential issues at the outset to ensure a faster process.
Features:
●An online portal where residents can create an account and view current and historical projects.
●An intelligent Guide that will ask applications a series of questions about their building project and informs
them where it is allowed and whether a permit or license is required.
●If a permit or license is required, the Guide will generate a customized checklist of steps for the applicant to
follow, complete with detailed instructions.
●The Guide will automatically check for zoning compliance and any other geographic factors.
●The agency will be able to track all Guides that are created.
●The agency will be able to configure and manage the Guide through an entirely self-service administrative
panel.
Enhancements for Application Intake:
This solution adds functionality to the Camino Guide allowing it to accept digital applications, documents and fees.
All features integrate seamlessly with the Camino Guide, taking the applicant from the research phase all the way
through starting their project.
●Applicants will be able to upload files directly to a required step in the Camino Guide.
●Applicants will be able to fill out digital forms when required by a given step. The values collected from
these forms can be exported for each Submission.
●Fees can be calculated and paid directly through the application. A processing fee of 3% is applied to all
credit card transactions.
●Review staff will be able to send an application back for changes, or mark applications as approved,
rejected, or closed.
●Applicants and review staff will be able to communicate directly through Camino with our integrated
messaging feature.
Camino 1Page 119 of 178
Implementation and Support Package (select one of the two
options below)
[] Self-Service Implementation
For this project the customer will be configuring their own Camino implementation with guidance from the Camino
team. Camino’s software is designed to put the customer in control and agency staff will have full access to all
system configuration options including:
●Project Type Editor
●Guide Step Editor
●Rule Builder
●GIS Rule Configuration
●Rich Text and Content Editing
The self-service implementation includes:
●5 hours of training for agency staff.
●1 hour per week of email, zoom or phone support for the first three months of the agreement.
●1 hour per month of support after the first three months.
●Camino assistance with GIS layer import.
●Access to Camino knowledge base.
[X] Camino-led Implementation
For this project Camino will be leading and performing system configuration work during the implementation. A
Camino Implementation Manager will suggest the best service package based on the project scope (for details see
Appendix B – Pricing). The service package will include:
●Everything covered under the Self-Service option above.
●A fixed number of hours that can be used in year one for system configuration, staff training and process
mapping.
●Additional hours in future years to add system functionality, make changes to the existing configuration and
train new staff.
At the start of the implementation Camino will create a project plan with milestones. If the number of service hours
exceeds the selected package the customer can upgrade their package or purchase additional hours.
Camino 2Page 120 of 178
Customer Service
Service Level Agreement
Camino offers a web-based platform that is accessible from all major desktop web browsers. Camino currently
works on browser versions that are still supported by their parent company. As of the date of this proposal, the list
of supported browsers (on Windows, OSX, or Linux) is:
●Chrome
●Firefox
●Internet Explorer / Edge
●Safari
Camino guarantees 24/7 access with 99.9% uptime. Camino will occasionally bring the service down for scheduled
maintenance and updates, but never during the hours of 8am-6pm, M – F.
In the event that Camino ceases operations during the term of this agreement, Camino will (upon request) provide
the customer with a full export of all customer data within 30 days of the request.
Technical Support Services
Camino will assign an Account Manager to assist with onboarding, training, and ongoing support. This
representative will be the customer primary point of contact for all requests and issues.
In order to initiate a technical support ticket, the customer must email support@camino.ai, or their designated
Account Manager or Implementation Manager. Requests made through other channels are not subject to this SLA.
Camino uses the following incident response levels:
●Level 1: Mission critical error that prevents users from accessing or using the system.
●Level 2: A critical feature is broken.
●Level 3: All other bugs or errors.
When an issue is reported, Camino will respond within 4 hours during the hours of 8am-9pm PST, M-F. The
response will include a support ticket and estimated time to fix. Camino targets the following fix times:
●Level 1 incident: 24 hours.
●Level 2 incident: 48 hours.
●Level 3 incident: 5 days.
Training
Camino will provide one kick-off meeting at the beginning of the implementation and up to five hours of staff
training. The customer can include whichever staff they choose in this training session.
Camino will run a monthly, two-hour virtual training webinar that all customers can access for free. Training content
will be determined by the needs of the participants.
Camino 3Page 121 of 178
CAMINO INC. SOFTWARE SERVICES AGREEMENT
Organization Contact Billing Contact (If Different)
Customer Name:[]
Contact Name:[]
Address:[]
Telephone:[]
Email:[]
Effective Date: [ ]
Scope of Agreement:As outlined in the above proposal.
Fees:Starting at the effective date, the customer will pay an annual fee as outlined in Appendix B for the services outlined in
the Summary.
Welcome to Camino! Thanks for using our software. This Software Agreement ("Agreement") is entered between Camino, Inc.,
with its principal place of business at 2261 Market Street #4302 San Francisco, CA 94114 ("Camino"}, and you, the entity
identified above ("Customer"}, as of the Effective Date. This Agreement includes and incorporates the Camino Terms and
Conditions attached as Appendix A. By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be
legally bound by, the Camino Terms and Conditions.
Customer Camino
Camino 4Page 122 of 178
Appendix A
Camino Terms and Conditions
1. SOFTWARE SERVICES
1.1 Subject to the terms and conditions of these Camino Terms and Conditions (the "Agreement"), Camino will use
commercially reasonable efforts to perform the software services (the "Software Services") identified in the applicable
Software Agreement entered into by Camino and Customer ("Software Agreement").
1.2 Customer understands that Camino's performance depends on Customer timely providing Camino with relevant data,
feedback and configuration assistance. Any dates or time periods relevant to Camino's Performance will be extended
appropriately and equitably to reflect any delays caused by Customer's failure to timely deliver any such materials.
Camino shall not be liable for any delays in performance under this Agreement resulting from Customer's failure to meet
these obligations.
2. RESTRICTIONS AND RESPONSIBILITIES
2.1 This is a contract for access to the Software Services and Customer agrees not to, directly or indirectly: reverse
engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying
structure, ideas, or algorithms of the Software Services, documentation or data related to the Software Services, except
to the extent such a restriction is limited by applicable law; modify, translate, or create derivative works based on the
Software Services; or copy, rent, lease, distribute, assign, sell, or otherwise commercially exploit, transfer, or encumber
rights to the Software Services; or remove any proprietary notices.
2.2 Customer will use the Software Services only in compliance with all applicable laws and regulations (including, but
not limited to, any export restrictions).
2.3 Customer shall be responsible for obtaining and maintaining any equipment and other services needed to connect to,
access or otherwise use the Software Services and Customer shall also be responsible for (a) ensuring that such
equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts,
passwords and files, and (c) for all uses of Customer user accounts with or without Customer's knowledge or consent.
3. OWNERSHIP. Camino retains all right, title, and interest in the Software Services and all intellectual property rights
(including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights,
copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and
any other proprietary rights in intellectual property of every kind and nature) therein.
3.1 Camino warrants that Camino is the owner of the Software Services and has the right to license it to third parties.
Camino will defend, at its expense, any action brought against Customer based on a claim that the Software Services
infringe upon a United States or Canadian patent, copyright, trade secret, or other proprietary right of a third party.
Camino agrees to indemnify Customer and hold Customer harmless against damages and costs, including attorney's fees,
finally awarded against Customer in such actions.
4. CONFIDENTIALITY. Each party (the "Receiving Party") agrees not to disclose (except as permitted herein) any
Confidential Information of the other party (the "Disclosing Party") without the Disclosing Party's prior written consent.
"Confidential Information" means all confidential business, technical, and financial information of the disclosing party
that is marked as "Confidential" or an equivalent designation or that should reasonably be understood to be confidential
given the nature of the information and/or the circumstances surrounding the disclosure (including the terms of the
applicable Software Agreement). Camino's Confidential Information includes, without limitation, the software underlying
the Software Services and all documentation relating to the Software Services. "Confidential Information" does not
Camino 5Page 123 of 178
include "Public Data," which is data that the Customer has previously released or would be required to release according
to applicable federal, state, or local public records laws. The Receiving Party agrees: (i) to use and disclose the
Confidential Information only in connection with this Agreement; and (ii) to protect such Confidential Information using
the measures that Receiving Party employs with respect to its own Confidential Information of a similar nature, but in no
event with less than reasonable care. Notwithstanding the foregoing, Confidential Information does not include
information that: (i) has become publicly known through no breach by the receiving party; (ii) was rightfully received by
the receiving party from a third party without restriction on use or disclosure; or (iii) is independently developed by the
Receiving Party without access to such Confidential Information. Notwithstanding the above, the Receiving Party may
disclose Confidential Information to the extent required by law or court order, provided that prior written notice of such
required disclosure and an opportunity to oppose or limit disclosure is given to the Disclosing Party.
5. PAYMENT OF FEES. The fees for the Software Services ("Fees") are set forth in the applicable Software Agreement.
Customer shall pay all Fees within thirty (30) days after the date of Camino's invoice (which Camino typically sends 45
days after the Effective Date).
6. TERM & TERMINATION
6.1 Subject to compliance with all terms and conditions, the first term of this Agreement shall be from the Effective Date
and shall continue for a period of thirty-six (36) months. At the termination of the initial term, the Customer will have the
option to renew this agreement for subsequent twelve (12) month terms. The customer will be billed on an annual basis
for each twelve (12) month term, and either party may terminate this Agreement at the end of the applicable term,
without penalty, with thirty (30) days prior written notice. If either party materially breaches any term of this Agreement
and fails to cure such breach within thirty (30) days after notice by the non-breaching party (ten (10) days in the case of
non-payment), the non-breaching party may terminate this Agreement immediately upon notice. Customer reserves the
right to cancel and terminate this agreement, without cause, upon thirty (30) days written notice to Camino.
6.2 Upon termination, Customer will pay in full for all Software Services performed up to and including the effective date
of termination. Upon any termination of this Agreement: (a) all Software Services provided to Customer hereunder shall
immediately terminate; and (b) each party shall return to the other party or, at the other party's option, destroy all
Confidential Information of the other party in its possession.
6.3 All sections of this Agreement which by their nature should survive termination will survive termination, including,
without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of
liability.
7. WARRANTY AND DISCLAIMER
7.1 Camino represents and warrants that: (i) it has all right and authority necessary to enter into and perform this
Agreement; and (ii) the Software Services shall be performed in a professional and workmanlike manner in accordance
with generally prevailing industry standards.
7.2 Customer represents and warrants that (i) it has all right and authority necessary to enter into and perform this
Agreement; (ii) it owns all right, title, and interest in and to all data provided to Camino for use in and in connection with
this Agreement, or possesses the necessary authorization thereto; and (iii) Camino's use of such materials in connection
with the Software Services" will not violate the rights of any third party.
7.3 CAMINO DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES
IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT
AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED "AS IS" AND CAMINO DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Camino 6Page 124 of 178
8. LIMITATION OF LIABILITY. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES,
CONTRACTORS AND EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS
AGREEMENT OR RELATED TERMS AND CONDITIONS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER
THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND SUCH PARTY'S REASONABLE CONTROL, EVEN
IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
9. MISCELLANEOUS. Capitalized terms not otherwise defined in these Terms and Conditions have the meaning set forth
in the applicable Software Agreement. Neither party shall be held responsible or liable for any losses arising out of any
delay or failure in performance of any part of this Agreement, other than payment obligations, due to any act of god, act
of governmental authority, or due to war, riot, labor difficulty, failure of performance by any third-party service, utilities,
or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from
performing. With the Customer’s approval, Camino shall have the right to use and display Customer's logos and trade
names for marketing and promotional purposes in connection with Camino's website and marketing materials, subject to
Customer's trademark usage guidelines (as provided to Camino). If any provision of this Agreement is found to be
unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this
Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable or
transferable by either party without the other party's prior written consent, provided however that either party may
assign this Agreement to a successor to all or substantially all of its business or assets. This Agreement (including the
Software Agreement) is the complete and exclusive statement of the mutual understanding of the parties and
supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to
the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party has any
authority of any kind to bind the other party in any respect. In any action or proceeding to enforce rights under this
Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Agreement
will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is
electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by
recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
This Agreement shall be governed by the laws of California without regard to its conflict of laws provisions. Jurisdiction of
any litigation arising from the Agreement will be in San Mateo County.
10. INSURANCE. Camino shall maintain for the duration of this Agreement the following insurance:
10.1 Commercial General Liability including coverage for premises, products -and completed operations, independent
contractors/vendors, personal injury and contractual obligations with combined single limits of coverage of at least
$1,000,000 per occurrence.
10.2 Automobile Liability, including owned, non-owned and hired vehicles, with at least the following limits of liability:
(1) Primary Bodily Injury with limits of at least $500,000 per person, $1,000,000 per occurrence; and (2) Primary Property
Damage of at least $250,000 per occurrence; or (3) Combined single limits of $1,000,000 per occurrence.
10.3 Workers Compensation on a state-approved policy form providing statutory benefits as required by law with
employer's liability limits no less than $1,000,000 per accident or disease.
Camino 7Page 125 of 178
Appendix B
Fees
Item Includes Cost
Building Guide/Application Portal ●Unlimited external users
●Includes unlimited building
project types
●Features outlined in
proposal
●Adds digital form and data
collection functionality
●Adds document upload
●Adds fee processing
$20,000 / year
25% yearly discount with 3-year
contract term
Total:$15,000 / year
Camino Led Implementation ●Features outlined in
proposal
$10,000 / one time fee
Waived with 3-year contract term
Camino 8Page 126 of 178
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
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, who together with the Petitioner own more than two
thirds of the abutting property, has signed the petition, as required by RCW 35.79.010 and POMC
12.08.010.
At the October 21, 2021, Land Use Committee meeting, the committee and staff expressed support of
the vacation.
On December 14, 2021, the Council adopted Resolution No. 083-21, setting a public hearing date and
time.
On December 20, 2021, the City posted the required public notice in a conspicuous place in the alley
sought to be vacated and placed a copy of the adopted Resolution in three of the most public places in
the City: (1) City Hall Bulletin Board, (2) Kitsap County Administrative Building Bulletin Board, and (3)
Port Orchard Library Bulletin Board. These actions meet the required posting and noticing requirements
as outlined in RCW 35.79.020 and POMC 12.08.020.
As of today, staff has not received any written objections to this proposed vacation. Pursuant to RCW
35.79.020 and POMC 12.08.030(1), the Council is prohibited from proceeding with the Public Hearing if
fifty percent (50%) of the abutting property owners file written objection to the proposed vacation with
the Clerk, prior to the time of the hearing; therefore, with no written objections, the Council shall
proceed with the Public Hearing.
Recommendation: Staff recommends the Mayor open the public hearing to take public testimony on
the petition to vacate City ROW, the Northeast portion of unopened Depot Street.
Attachments: Petition and Resolution No. 083-21.
Page 127 of 178
City of Port Orchard
City Clerk's Office
216 Prospect Street, Port Orchard, WA 98366 $t ro,
(360)876-4407 r FAX (360)895-9029. cityhall@cityofportorchard'usd';'i ',J :.ih rvg
www.cityof portorchard. us
7 Zu*
pErroNtouir.ff
:f+il$'"Hr-oF-wffrr95,1ff,!'#ffi ,
This documentis considered[r?il!ii";'r:/ri'T,"#:ff],?;i3l;l1lu,,ro*, in chapter 42.s6 RCW.
Fs8 l-l.tJ,Lrs,LL<-
Property Owner's
tc,o, $ov 6f l'lL.u t'^tr 7fuf 3
Mailing
Street City State Zip
Contact 3 G,'6J-*/
Phone
Address of Requested /L 3L 6*5 /r*
-t/5 f"in o Lk,.
Email
r^
Street or cross street
Parcel Number of Requested ?a 7 --aa 2 '<ro l -Cao 6
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, descrlbed 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:
g<e- A+tc^c,""J
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 35.79.0L0)
2. State the proposed use of the vacated right-of-way:4Jd { u,.3h
..'s
Page 1 of 3
Vacation of City Right-of-Way Application
Page 128 of 178
3 Provide a map of the proposed right-of-way area to be vacated with the following
information:
a. Approximate width of the area to be vacated
b. Approximate length of the area to be vacated
c. Approximate total square footage of the area to be vacated
l/We declare under penalty of perjury under the laws of th
foregoing information and attached documentation is true
true and correct owne r{s) of real property abutting the req
Lc.
e State of Washington that the
and correct, and that l/We are the
uested vacation of City right-of-way.
3.t t1",iJ thq\L
Date
SrLLc-
c)
Signature of Applicant Date
When submitting this applicotion, please make sure the following requirements are
completed and documents are suhmitted:
. 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);
r New legal description to include the requested right-of-way;
o Documentation supporting the fair market value of the street or alley sought to be vacated, if
applicable;
r 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
r $500 appraisal fee refundable deposit (Petitioner shall pay the actual cost of the appraisal, upon
Council approval).
-1^(Ja-
OFF'ICE USE ONLY
5120 Vacation Fee Received Receipt No
5500 Vacation Appraisal Fee (Refundable Deposit) Received Yes No
Support for Vacation Petition By Abutting Property Owners form(s) Received
Public Hearing Date:.>-
nonlrrv cLERK's
J.' No O7-
No
\zslzw-Notices Posted by:Date of Noticing:
Approved by the City Council Yes
-No
Page 2 of 3
Vacation of City Right-of-Way Application
Page 129 of 178
City of Port Orchard
City Clerk's Office
215 Prospect Street, Port Orchard, WA 98366
(360) 376-4407 o 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 d public record ond is subject to public disclosure lqws in Chopter 42.56 RCW.Ig tS tL tl;* st LL e
Property Owner Seeking Vacation (Petitioner)
First and Last Name
Contact Z(po 2G,{-,s o l,'oJ @ u 6.t)e- c4 b /e, Lo e't-t
Phone
Street or Nearest Cross Street of Requested
Parcel Number of Requested Vacation 4oz7-ooz-6c'i*ooCI6
Signatures of owners of real property abutting requested vacation of right-of-way area (Note: all persons who have
an ownership interest must siqn this document. This includes co-owner(s) and/or spouses, or corporate officers
authorized by the corPoration.
By signing, l/We declare under penalty of perjury under the laws of the State of Washington that:
. l/We are the true and correct owner(s) of real property abutting the street or alley sought to be vacated.
. l/We understand that l/We may see an increase on my/our tax assessment if this vacation of right-of-way
petition is apProved.
. l/We understand l/We may be required to pay for a portion of the vacated right-of-way.
Sl"-L -9*;lt rS6 IL t L 1<_
First and (Printed) of Property Owner/Corporate Officer Name of Corporation (if opplicoble)
Man Member No. 1
Email
.&-
(Signatu and/or Title)
T 97HaAr,1eS l- L C-
First and Last Name ) of Property Owner/Corporate Officer Name of Corporation lif opplicable)
Managing Member No. 2
and/or Title)
''lcar -063 -cD( -&lc;3
Property Address Tax Parcel Number
Mailing Address f, o, 6o*6 /lr/o, -1"
Sbct
City State
3{
Zip
@rContact
Phone
z-
Email
Page 3 of 3
Vacation of City Right-of-Way Application
Page 130 of 178
Exhibit A
Page t of 2
Legal Description of Road to be Vacated
Gov't Lot 2 (NW %) 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 L of Plats, Pages 64
and 64, in Kitsap County.
Except that portion vacated in Commissioner's Journal Volume 4, Page L8, November 4,I9L2.
Contains 2,000 square feet.
Written by_
Checked by_
ibs legal.docx Page 1 of 1
Page 131 of 178
Exhibit A
Page 2 of 2
Portion of Government Lot2 (NW 1/4) Section25, Township
24 North, Range I East, W.M.
in the City of Port Orchard, Kitsap County, Washington
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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
VACATED PER COMMISSIONER'S JOURNAL
VOLUME 4, PAGE 18
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VACATED PER COMMISSIONER,S JOURNAL
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Page 132 of 178
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Page 133 of 178
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Page 135 of 178
RESOLUTTON NO.083-21
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING
RESOLUTION NO. O82-2I AND SETTING A JANUARY LL, 2022 FOR A PUBLIC
HEARING ON A PETITION TO VACATE CITY RIGHT.OF.WAY, THE NORTHEAST
PORTION OF UNOPENED DEPOT STREET
WHEREAS, on November 23,202t, the City Council adopted Resolution 082-21, setting
the date and time of a hearing on the petition to vacate a portion of the City's right-of-way,
Depot Street; and
WHEREAS, when preparing the required public notices of the hearing, it was discovered
that, due to a calculation error, there was an insufficient amount of time for staff to prepare the
noticing and posting to meet the requirements of the Port Orchard Municipal Code, which
requires public notice of the hearing no lessthan 20 days in advance of the hearing; and
WHEREAS, by this Resolution Council would repeal Resolution No. 082-21, in its entirety
and set a new public hearing date for the petition to vacate; and
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) 12.08.0L0, 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:
Page 136 of 178
Resolution trto.&3 a )
Page 2 of 1-1
Government Lot 2 (NW %) Section 25, Township 24 North, Range 7
East, W.M. in the City of Port Orchard, Kitsap County, Woshington
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
AS FOLLOWS:
THAT: lt is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: Resolution No. 082-21 is hereby repealed in its entirety.
THAT: A Public Hearing upon said proposed street vacation shall be held via the online
platform zoom and by telephone on Tuesday, January LI,2022, 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:
hereon
The Resolution shall take full force and effect upon passage and signatures
PASSED by the 'City Corn.il of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage on this 14th day of Decemb er 2O2L
Ro
ATTEST:
Brandy nearson, MMC, City Clerk
Page 137 of 178
City of Port Orchard
City Clerk's Offlce
215 Prospect Street, Port Orchard, WA 98366
(360) 376-4407 . FAX (360) 895-9029 . cityhall@cityofportorch
F'rard.uf i i-.rr f s
{o t,tL-'fu
WWW
&.cF
7 jiltt
p Enn o N to "ffff:f;il $'.
Hr-o F-wffiI'95&alnffi ,
Thtsdocumen*sanstdered[r?Hfi!";]:/rHil:i?],?;3lLl1l," hwstnchapter42.s6RCW.
Tsq t4"tl'"rs,LL<-
Proper$ Owner's
P,a, $"r Gf /t4o"'l.r b"tr 7ks-3
Malling Address
Street Clty State zlp
Phone
Address of Requested Vacatlon
Street or cross street
Parcel Number of Requested ?o -oae -aa I -aao 6
1. The undersigned, owner of real propertv abutting upon that public street/alley described
below, does hereby petition the Clty of Port Orchard to vacate sald street/alley, descrlbed as
follows (you may attach a separate sheet contalnlng the legal description):
Legot description of the requested right-of-woy prepared by o licensed surveyor:
3Lo 6J'-{.f
/L 36 /3-h.
Emall
/^
3ze-c*+^d*")
Ic arhContact
all situated in the City of Fort Orchard, County of Kitsap, State of Washlngton; declares that this
petltion ls supported by the slgnatures 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 ofthe vacated AJ{ 1"e.,-} r,
,to
Page 1 of 3
Vacation of City Right-of-Way Appllcatlon
Page 138 of 178
3 Provide a map of the proposed right-of-way area to be vacated with the following
information:
a. Approximate width of the area to be vacated
b. Approximate length of the area to be vacated
c. Approximate total square footage ofthe area to be vacated
l/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 l/We are the
and correct ow ne(s) of real property abutting the requested vacation of City right-of-way.truej>il" iJ,'nfr LLz
GJ,LLC-
a
Slgnature of Applicant Date
When submittlng this opplication, please make sure the following requirements are
completed and documents are submitted:
r 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);o New legal description to include the requested right-of-way;e Documentation supporting the falr market value of the street or alley sought to be vacated, if
appllcable;. 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 outllned or highllghted;r Application processing fee of $120; and
r $500 appraisal fee refundable deposit {Petitioner shall pay the actual cost of the appraisal, upon
Council approval).
C)<'
Date
S OFF'ICE USE ONLY
5120 Vacatlon Fee Received Recelpt
5500 Vacation Appraisal Fee (Refundable Deposlt) Received Yes _ N
Support for Vacatlon Petltlon By Abutting Property Owners form(s) Received
Publlc Hearlng Date:_
Notlces Posted by:Date of Notlclng: _
ronrdtry cLERK,
,/r",
-No o Receibt No.:
t-
V",
-No
E
Approved by the City Council Yes _No
Page 2 of 3
Vacation of Citv Right-of-Way Application
Page 139 of 178
City of Port Orchard
City Clerk's Office
216 Prospect Street, Port Orchard, WA 98366
(360)876-4407 . FAX (360) 895-9029 r cityhall@cityofportorchard.us
www.cltyof portorchard.us
Email
Member No. 1
(5ign and/or Title)
T 99HolA,'4?S L L L
Flrst and Last Name (of Property Owner/Corporate Off icer Name of Corporation lif appllcable)
Managing Member No, 2
and/or Title)
Property Address Tax Parcel Number
5UPPORT FOR VACATION OF RIGHT.OF.WAY
PETITION BY ABUTTING PROPERTY OWNERS
This documentls consldered a public rccord and Is subtectto puhllcdlsclosure laws ln Chapter42.56 RCW.
19 13 lL /Jo'ng s, LL q
Property Owner Seeklng Vacation (Petitioner|
First and Last Name
contact lnformation z6o 26f-s @6taue cqb " La lnA
Phone
Street or Nearest Cross Street of Requested
Parcel Number of Requested z -oo7-6o / -600
Signatures of owners of real property abutting requested vacation of right-of-way area (Note: all persons who have
an ownership interest must slgn this document. This includes co-owner(s) and/or spouses, or corporate officers
authorized by the corporation,
By signing, UWe declare under penalty of perJury under the laws of the State of Washington that:
r l/We are the true and correct owner(s) of real property abutting the street or alley sought to be vacated.
. l/We understand that l/We may see an lncrease on my/our tax assessment if thls vacation of right-of-way
petition is approved,
. t/We understand l/We may be required to pay for a portion of the vacated right-of-way.
SJ"-L -Sn;tt rs $ l,l-t L /.<:-
Flrst and me (Prlnted) of Property Owner/Corporate Officer Name of Corporation (if oppllcoble)
(o,6o^/l//^r.1"Malllng
City State 7ip
@rContact
Phone
7-
Email
Pa6e 3 of 3
Vacation of City Right-of-Way Appllcatlon
Page 140 of 178
Exhibit A
Page L of 2
Legal Description of Road to be Vacated
Gov't Lot 2 (NW %) 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, L9L2.
Contains 2,000 square feet.
Written by-
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Page 141 of 178
Exhibit A
Page2 of 2
Portion of Government Lot2 (NW 1/4) Section25, Township
24 North, Range I East, W.M.
in the City of Port Orchard, Kitsap County, Washington
PORTION TO
BE VACATED
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Page 142 of 178
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Page 146 of 178
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Summary: Pursuant to RCW 35A.12.065 the city council needs to appoint a Mayor Pro-Tempore.
Typically, this is done at the first meeting of each calendar year.
The council will accept nominees and then vote for one councilmember to be appointed as the Mayor
Pro-Tempore for 2022.
Recommendation: Staff recommends a councilmember nominate a fellow councilmember to serve as
the Mayor Pro-Tempore for 2022.
Relationship to Comprehensive Plan: None.
Motion for consideration: I move to elect as the Mayor Pro-Tempore for
2022.
Fiscal Impact: N/A
Alternatives: N/A
Attachments: None
Page 147 of 178
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Summary: Earlier this evening, a Public Hearing was held to take testimony on whether the City Council
should vacate City Right-of-Way (ROW), the Northeast portion of unopened Depot Street.
Staff has determined the following with regards to the proposed street vacation:
The area sought to be vacated was plated on June 3, 1890 and annexed into the City by the adoption of
Ordinance No. 675, on October 10, 1960. To date the City has not opened the ROW.
The City Engineer has reviewed the street vacation petition and has indicated the following:
1. The area sought to be vacated is not needed for public travel now or in the foreseeable future.
2. The functionality of the area sought to be vacated for public purposes is nonexistent.
3. The vacation of the area would not adversely affect any City utilities, such as water, sewer, or
storm.
4. The City has not included any projects within the proposed vacation area as part of its six-year
road plan, nor has the City any scheduled capital facilities projects on this property.
The Community Development Director stated the following:
1. Vacation of the proposed area does not create potential or actual land uses that are inconsistent
with City growth plans and goals. This area has not been identified in the City’s Comprehensive
Plan.
The petition was brought before the Land Use committee on October 21, 2021, and they expressed no
concerns and supports the petition.
After further review of the petition, staff determined that the area proposed for vacation has been
vacated by lapse of time under the non-user statute. Meaning, pursuant to RCW 36.87.090, it states
that if any plat was recorded prior to the incorporation and remained unopened for public use for a
period of five years it shall thereby be vacated. In addition, if that statute does apply POMC 12.08.060
(3) states no appraisal or compensation shall be required of this qualifying petition.
Page 148 of 178
Business Item 7B
Page 2 of 2
Staff is asking the Council to determine if they agree that the documents provided confirm that the area
proposed in the street vacation has vacated by lapse of time under the non-user statute; and if so then
the Council shall approve the vacation by ordinance.
Recommendation: Based on the report provided to the Council, staff recommends approving the street
vacation petition as presented.
Motion for consideration: I move to adopt an Ordinance, vacating City right-of-way, the Northeast
portion of unopened Depot Street, as presented.
Fiscal Impact: None, as it falls within RCW 36.87.090, vacated by lapse of time under the non-user
statute and no appraisal or compensation shall be required of this qualifying petition.
Alternatives: N/A.
Attachments: Draft Ordinance and Annexation Ordinance No. 675 (Petition was provided under public
hearing item).
Page 149 of 178
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
VACATING A PORTION OF DEPOT STREET, UNOPENED CITY RIGHT-OF-
WAY IN PORT ORCHARD, WASHINGTON; ESTABLISHING THE
CONDITIONS OF SUCH VACATION; PROVIDING FOR SEVERABILITY AND
PUBLICATION; AND SETTING AN EFFECTIVE DATE.
WHEREAS, a petition for vacation of a portion of Depot Street was submitted to
the City by Stanley Smith and Alice Vasquez-Smith of ISB Holdings, LLC (“Petitioners”);
and
WHEREAS, the Petitioners owns fifty percent of the property abutting the
proposed vacation area, and Stanley Smith and Alice Vasquez-Smith of ASD Sound
Investments, LLC are the other abutting property owners on the petition. The adjacent
property owners, along with the Petitioners, represent the owners of more than two
thirds of the abutting property, and all have signed and are in support of the petition;
and
WHEREAS, the City Council supports the Land Use Committee’s recommendation
to vacate the right-of-way; and
WHEREAS, on December 14, 2021, the City Council adopted Resolution No. 083-
21, fixing January 11, 2022, as the date for a public hearing on the street vacation
petition, which is not more than 60 days or less than 20 days after passage of the
Resolution (POMC Section 12.08.010(3) and RCW 35.79); and
WHEREAS, the City Clerk provided public notice and posting of the pending
street vacation petition of the public hearing as required by law (POMC Section
12.08.020(1) and RCW 35.79); and
WHEREAS, the City Council held a public hearing on January 11, 2022, on the
proposed street vacation; and
WHEREAS, staff determined the requested vacated area was platted prior to the
incorporation of the City in October of 1890, and remained in Kitsap County’s
jurisdiction until annexed on October 10, 1960; and
WHEREAS, staff reviewed the petition and, in light of the provisions in POMC
chapter 12.08.060 determined this proposed street vacation is subject to the 1889-1890
Laws of Washington, Chapter 19, Section 32 (the nonuser statue) and is vacated by lapse
of time; now, therefore,
Page 150 of 178
Ordinance No. _____
Page 2 of 3
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Non-user Statute. Under POMC Section 12.08.060(5), if the City
Council determines that the area proposed for vacation has been vacated by lapse of
time under the non-user statute, it shall approve the vacation ordinance.
Section 2. Public Notice. The City Council finds that the City Clerk provided
at least 20 days’ and not more than 60 days’ notice of the pendency of the street
vacation petition and the public hearing thereon, as required by POMC Section
12.08.020 and RCW 35.79, including notice being posted on the street or alley sought to
be vacated.
Section 3. Staff Report. Staff has prepared a report and recommendation on
the proposed vacation, which is dated January 11, 2022. A copy of this report was
available to the public prior to the public hearing.
Section 4. Public Hearing. The public hearing was held on the petition for
street vacation on January 11, 2022.
Section 5. Testimony at Public Hearing. The Public Hearing was held and no
one from the public commented on this street vacation
OR
Section 5. Testimony at Public Hearing. The following is a list of the
members of the public testifying at the public hearing, and a summary of the public
testimony presented:
[INSERT]
Section 6. City Council Findings. After hearing the testimony of the public
and considering the staff report and all other relevant facts, the City Council finds as
follows:
a. The plat document provided shows the area platted; and
b. City Ordinance No. 675 provided proof the area remained in the County
longer than 5 years as required by RCW 36.87.090.
Section 7. City Council Conclusions. The City Council determines the area
proposed for vacation has been vacated by lapse of time under the non-user statute,
and that the City has no legal interest in this area, and therefore shall approve the
vacation ordinance.
Page 151 of 178
Ordinance No. _____
Page 3 of 3
Section 8. Compensation and Recording. A certified copy of this Ordinance
vacating the proposed area shall be recorded by the City Clerk with the Kitsap County
Auditor’s office, as required by RCW 35.79.030.
Section 9. 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 10. Publication. This Ordinance shall be published by an approved
summary consisting of the title.
Section 11. Effective Date. This Ordinance shall take effect and be in full force
and effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor
and attested by the City Clerk in authentication of such passage this 11th day of January
2022.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: SPONSOR:
___________________________ ______________________________
Charlotte Archer, City Attorney Scott Diener, Councilmember
PUBLISHED:
EFFECTIVE DATE:
Page 152 of 178
Page 153 of 178
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Summary: Petitioners Walter and Roberta Huth Trustees, owners of 1819 Bay Street, Kitsap County Tax
Parcel No. 4027-034-003-0007, submitted a petition to vacate City right-of-way (ROW). The ROW is an
opened portion of Bay Street, directly adjacent to the Petitioners’ parcel to the south, approximately 200
square feet in total area. The area is currently encumbered by a portion of a structure owned by the
petitioners.
The Clerk received a complete application conforming with the requirements of Port Orchard Municipal
Code chapter 12.08, including Section 12.08.010. The Public Works Director supports the vacation, as
this is necessary to receive clean title for the federally funded Pedestrian Pathway Project. A portion of
the petitioner’s property is in the City’s ROW.
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 February 8, 2022, which is at
least 20 days from the date of this Resolution if adopted on January 11, 2022.
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, Bay Street as described above. The
hearing is to be held on Tuesday, February 8, 2022, 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
Motion for consideration: I move to adopt a Resolution setting a Public Hearing for February 8, 2022, at
6:30 PM, on a petition from Walter and Roberta Huth Trustees to vacate a portion of opened right-of-
way, Bay Street.
Page 154 of 178
Business Item 7C
Page 2 of 2
Fiscal Impact: TBD, upon approval of the Council a property appraisal.
Alternatives: Do not pass the Resolution and reject the Petition.
Attachments: Street Vacation Petition with new legal description and Resolution
Page 155 of 178
RESOLUTION NO. ______
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, FIXING THE
DATE OF PUBLIC HEARING ON A PETITION TO VACATE A PORTION OF BAY
STREET, OPENED CITY RIGHT-OF-WAY
WHEREAS, the petitioners, Walter and Roberta Huth Trustees, submitted a petition to
vacate opened City right-of-way, a portion of Bay Street; and
WHEREAS, the petitioners own the parcel at 1819 Bay Street, Kitsap County Tax Parcel
No. 4027-034-003-0007, located directly to the south of the proposed portion of opened right-
of-way proposed for vacation; 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 200 square feet, legally
described as follows and depicted in the survey contained in Exhibit A hereto:
THE SOUTHEASTERLY 20 FEET OF LOT 3 AND ALL OF LOT 4, BLOCK
34, ANNAPOLIS, ACCORDING TO THE PLAT RECORDED IN VOLUME
1 OF PLATS, PAGE 64, RECORDS OF KITSAP COUNTY,
WASHINGTON; TOGETHER WITH VACATED NORTHERLY 25 FEET
OF NORTH BAY STREET ADJOINING THEREOF;
ALSO TOGETHER WITH THE ABUTTING PORTION OF LOT 3 AND
ALL OF LOT 4, BLOCK 34, SIDNEY (NOW PORT ORCHARD
TIDELANDS) IN FRONT OF LOT 3 AND LOT 4, BLOCK 34,
ANNAPOLIS IN SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST,
W.M., IN KITSAP COUNTY, WASHINGTON.
WHEREAS, the street vacation is requested to reflect existing structures in the opened
right of way, and the obtain clear title for the Bay Street Pedestrian Pathway Project; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
Page 156 of 178
Resolution No. ___
Page 2 of 2
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: A Public Hearing upon said proposed street vacation shall be held via the online
platform zoom and by telephone on Tuesday, February 8, 2022, 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 11th day of January 2022.
____________________________________
Robert Putaansuu, Mayor
ATTEST:
____________________________
Brandy Rinearson, MMC, City Clerk
Page 157 of 178
City of Port Orchard
City Clerk's Office
216 Prospect Street, Port Orchard, WA 98366 i , . ..
(360) 876-4407 r FAX (360) 895-9029 o cityhall@cityofportorchard.ul 1 Iwww.cityofportorchard.us C|TY n^ -.yrr;6ff1Trf,ry,
PETITION TO VACATE CITV RIGHT-OF.WAY
APPLICATION
(POMC L2.O8 / Resolution No. 030-17)
This document is considered o public record and is subject to public disclosure laws in Chopter 42.56 RCW,
Property Owner's Name(s): Walter and Roberta Huth, Trustees
Mailing Address: 554 28th Street Oakland CA 94609
Street City State Zip
Contact lnformation: 707 889-3453 huthroberta@email.com
Phone Email
Address of Requested Vacation: 1819 Bav Street
Street or nearest cross street
Parcel Number of Requested Vacation:4027-034-OO3-OOO7
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:
SEE ATTACHED
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 35.79.01-0)
2. State the proposed use of the vacated right to clear the encroachment
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that is in the city right-of-way.
Page 1 of 3
Vacation of City Right-of-Way Application
Page 158 of 178
3.Provide a map of the proposed right-of-way area to be vacated with the following
information:
a. Approximate width of the area to be vacated
b. Approximate length of the area to be vacated
c. Approximate totalsquare footage of the area to be vacated
l/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 /We are the
true and correct owner(s) of real property abutting the requested vacation of City right-of-way
Tnvst- lz*tz-zlotr
Signature of Applicant Date
+
Slgnature ot Applicant Date
When submltting this application, please make sure the foltowing reguirements dre
completed and documents are submltted:
r 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);r New legaldescription to include the requested right-of-way;r Documentation supporting the fair market value of the street or alley sought to be vacated, if
applicable;r Documentation supporting the application of the Non-User Statute, if applicable;r Dimensions of area proposed to be vacated;. Map of the proposed right-of-way to be vacated outlined or highlighted;. Application processing fee of 5120; and. 5500 appraisal fee refundable deposit (Petitioner shall pay the actual cost of the appraisal, upon
Council approval).
OF'FICE USE ONLY
5120 Vacation Fee Received Receipt
5500 Vacation Apraisal Fee (Refundable Deposit) Received _Yes _ No Receipt
Support for Vacation Petition By Abutting Property Owners form(s) Received 6
-
FOyirTY CLERr('S
4*
-
No
No
Public Hearing Date _
Notices Posted by: _ Date of Noticing: _
Approved bythe City Council Yes _No
Page 2 of3
Vacation of City Right-of-Way Application
Page 159 of 178
City of Port Orchard
City Clerk's Office
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 o FAX (360) 895-9029 r cityhall@cityofportorchard.us
www.cityof portorcha rd.us
SUPPORT FOR VACATION OF RIGHT.OF.WAY
PETITION BY ABUTTING PROPERTY OWNERS
This document is considered o public record ond is subject to public disclosure lqws in Chopter 42.56 RCW.
PropertyownerSeekingVacation(Petitioner):
First and Last Name
Contact ln
Phone
Street or Nearest Cross Street of Requested Vacati
Email
Parcel Number of Requested Vacation
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, l/We declare under penalty of perjury under the laws of the State of Washington that:. l/We are the true and correct owner(s) of real property abutting the street or alley sought to be vacated.. l/We understand that l/We may see an increase on my/our tax assessment if this vacation of right-of-way
petition is approved.
. l/We understand l/We may be required to pay for a portion of the vacated right-of-way.
First and Last Name (Printed) of Property Owner/Corporate Officer
Managing Member No, 1
Name of Corporation (if opplicoble)
(Signature and/or Title)
First and Last Name (Printed) of Property Owner/Co
Managing Member No. 2
Name of Corporation (if applicable)
(Signature and/or Title)
Property Address Tax Parcel Number
Mailing Address:
Street City State 7ip
Contact lnformation:
Phone Email
Page 3 of 3
Vacation of City Right-of-Way Application
Page 160 of 178
EXHtBtl _
PARCEL N O. 4027-034-003-0007
RIGHT OF WAY VACATION
THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL'A', DESCRIBED AS FOLLOWS:
BEGINN/NG AT THE SOUTHEASTERTY CORNER OF SAID PARCEL "A", SAID CORNER AISO BEING ON THE
NORTHEASIERLY MARGIN OF BAY SIREEI;
THENCE NORTH 60" 1O'20'WEST ALONG SA/D NORTHEASTERLY MARGIN, 4.15 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE SOUTH 29' 49' 40' WEST, 11.00 FEET;
THENCE NORTH 60" 10'20'WEST, 18.20 FEET;
THENCE NORTH 29" 49' 40' EAST, 11.00 FEET TO SAID NORIHEASTERLY MARGIN;
THENCE SOUTH 60" 1O'20' EAST ALONG SA/D NORTHEASIERLY MARGIN, 18.20 FEET TO THE TRUE POINT
OFEEGINN/NG.
CONTAINING 2OO SQUARE FEET, MORE OR LESS.
PARCEL "A":
(PER CHTCAGA TTTLE /NSURANCE COMPANY ORDER NO. 417031, DATED SEPTEMBER 13, 2021)
THE SOUTHEASIERTY 20 FEET OF LOT 3 AND ALL OF LOT 4, BLOCK 34, ANNAPOLIS, ACCORDING TO THE
PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 64, RECORDS OF KITSAP COUNTY, WASHINGTON;
TOGETHER WITH VACATED NORTHERLY 25 FEET OF NORTH BAY STREET ADJOINING THEREOF;
ALSO TOGETHER W|TH THE ABUTTTNG PORTTON OF LOT 3 AND ALL OF LOT 4, BLOCK 34, STDNEY (NOW
PORT ORCHARD TIDELANDS) /N FRONr OF LOT 3 AND LOT 4, BLOCK 34, ANNAPQL/S /N SECI/ON 25,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
wlwlz-ot-t
Page I of 1KPG20-ROW-VACATION.DOCX
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Page 161 of 178
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Page 162 of 178
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Summary: Annually, the City Clerk’s office reviews the expiring and unexpired terms and/or vacancy of
members of various boards, committees, and commissions.
The Mayor is seeking to appoint the following volunteers to fill an expired, unexpired, and vacant terms on
the Planning Commission and Building Board of Appeals, upon confirmation of the City Council:
• Planning Commission: appointment of Tyler McKlosky, Position No. 3, for a four-year term expiring
December 31, 2025;
• Building Board of Appeals: appointment of Joseph Faulkner, Fire Protection Engineering Position, for
an unexpired term expiring December 31, 2025, and appointment of Robert Baglio, Alternat Position,
for a vacant unexpired term expiring December 31, 2025;
Recommendation: Mayor Putaansuu recommends adoption of a Resolution confirming his appointments,
as presented.
Relationship to Comprehensive Plan: N/A.
Motion for consideration: “I move to adopt a Resolution confirming the Mayor’s appointments to the
Planning Commission and the Building Boards of Appeals as set forth in the Resolution presented.”
Fiscal Impact: None.
Alternatives: Not confirm the Mayor’s appointment and provide further direction.
Attachments: Resolution.
Page 164 of 178
RESOLUTION NO. ___
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON
CONFIRMING MAYORAL APPOINTMENTS TO THE PLANNING
COMMISSION AND BUILDING BOARDS OF APPEALS
WHEREAS, the Mayor is authorized to appoint volunteers to fill unexpired or vacant
terms on various boards, committees, and commissions, upon confirmation of the City Council;
and
WHEREAS, the following board and commission have expired, unexpired and/or vacant
terms; now therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The City Council of the City of Port Orchard does hereby confirm
the appointment of Tyler McKlosky, Position No. 3, to the Planning
Commission for an expired term expiring December 31, 2025.
THAT: The City Council of the City of Port Orchard does hereby confirm
the appointment of Joseph Faulkner, Fire Protection Engineering Position,
for an unexpired term expiring December 31, 2025.
THAT: The City Council of the City of Port Orchard does hereby confirm
the appointment of Robert Baglio, Alternat Position, for a vacant
unexpired term expiring December 31, 2025.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 11th day of January 2022.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
Page 165 of 178
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Summary: The Department of Community Development continues to see record setting permit and
code enforcement activity. As a result, the department is at risk of falling behind in critical areas
including the assignment of street names and addresses into the county-wide database for such things
as emergency response. The City has a current part-time employee in the municipal court who is willing
to work additional hours for a set period of time, and has the skills necessary to provide some assistance
to Community Development. Since the current part-time employee is represented by the Teamsters
Local 589, the City has negotiated a letter of agreement with the Teamsters related to having the
current part-time employee perform this additional non-union work for a limited time. Note that this
position is not an intermittent temporary employee, as the duration of the assignment will exceed the
six-month time period of an intermittent temporary employee.
This additional assignment would create a “full-time employee” as defined by Port Orchard Municipal
Code Section 2.25.010 for the duration of the assignment.
Recommendation: Staff recommends the City Council authorize the Mayor to sign a Letter of
Agreement with Teamsters Local No. 589 representing Municipal Court Employees related to a limited
term assignment providing a current 20 hour per week employee with an additional 20 hours per week.
Relationship to Comprehensive Plan: N/A
Motion for consideration: “I move to authorize the Mayor to sign a Letter of Agreement with Teamsters
Local Number 589 representing Municipal Court Employees relating to a limited term assignment for
an additional 20 hours a week.”
Fiscal Impact: Expenses covered by projected revenues and will be provided for in 2021-2022 budget.
Alternatives: Do not approve the LOA and provide alternative guidance.
Attachments: The LOA under consideration tonight is not a public document until approved by Council
and signed by the parties; it is, therefore, not attached.
Page 166 of 178
City of Port Orchard
Council Meeting Minutes
Regular Meeting of December 14, 2021
1. CALL TO ORDER AND ROLL CALL
Mayor Putaansuu called the meeting to order at 6:30 p.m.
Roll call was taken by the City Clerk as follows:
Mayor Pro-Tem Ashby Present via Remote Access
Councilmember Chang Present via Remote Access
Councilmember Clauson Present via Remote Access
Councilmember Cucciardi Present via Remote Access
Councilmember Diener Present via Remote Access
Councilmember Lucarelli Present via Remote Access
Councilmember Rosapepe Present via Remote Access
Mayor Putaansuu Present via Remote Access
Staff present via remote access: Finance Director Crocker, Police Chief Brown, Public Works Director
Dorsey, Community Development Director Bond, HR Manager Lund, City Attorney Archer, and City
Clerk Rinearson.
The meeting also streamed live on YouTube.
A. PLEDGE OF ALLEGIANCE
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
2. APPROVAL OF AGENDA
MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to approve the
agenda as published.
The motion carried.
3. CITIZENS COMMENTS
There were no citizen comments.
4. CONSENT AGENDA
A. Approval of Voucher Nos. 83153 through 83204 and 83209 through 83277 including bank drafts
in the amount of $2,337,254.65 and EFT’s in the amount of $246,666.65 totaling $2,583,921.30.
Page 167 of 178
Minutes of December 14, 2021
Page 2 of 6
B. Approval of Payroll Check Nos. 83147 through 83152 and 83205 through 83208 including bank
drafts and EFT’s in the amount of $423,990.35 and Direct Deposits in the amount of $404,279.45
totaling $828,269.80.
C. Adoption of an Ordinance Approving a Contract with the Washington State Transportation
Improvement Board for the Expanded Bethel Road/Lincoln Avenue Roundabout Project
(Ordinance No. 001-22 and Contract No. 008-22)
D. Approval of Amendment No. 2 to Contract No. 036-20 with Krazan and Associates for On-Call
Professional Materials Testing, Inspection and Geotechnical Services
E. Approval of an Interlocal Agreement No. KC-562-21 with Kitsap County Public Works Regarding
Traffic Signal Repair and Maintenance (Contract No. 092-21-B)
F. Adoption of a Resolution Approving the Purchase of an Electric City Parks Vehicle for the
Equipment Rental and Revolving Fund No. 500 (Resolution No. 078-21)
G. Approval of the Purchase of Equipment for the Equipment Rental and Revolving Fund No. 500
H. Approval of a Contract with Washington State Parks and Recreation Commission Subrecipient
Grant Agreement for a Federal Financial Assistant Grant (Contract No. 108-21)
I. Approval of the November 16, 2021, Work Study Meeting Minutes
J. Approval of the November 23, 2021, City Council Meeting Minutes
MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to approve the
consent agenda as published.
The motion carried.
5. PRESENTATION
There were no presentations.
6. PUBLIC HEARING
A. Public Hearing on a Petition to Vacate City Right-of-Way, the Northeast Portion of Unopened
Depot Street – Request to Strike
City Clerk Rinearson explained on November 23rd, Council adopted Resolution No. 082-21, setting
the date and time of a hearing for tonight on a petition to vacate a portion of the City’s right-of-way,
Depot Street.
When preparing notices for the hearing, it was discovered due to a calculation error there was an
insufficient amount of time for staff to prepare the noticing and posting to meet the requirements
of the Port Orchard Municipal Code, which requires public notice of the hearing no less than 20 days
in advance of the hearing.
Later on tonight’s agenda is a resolution re-setting the public hearing for January 11, 2022. Staff is
asking the Council not to hold this public hearing this evening.
Page 168 of 178
Minutes of December 14, 2021
Page 3 of 6
Mayor Putaansuu noted we will not be holding this public hearing this evening.
7. BUSINESS ITEMS
A. Adoption of a Resolution Repealing Resolution No. 082-21, and Setting a January 11, 2022, for
a Public Hearing on a Petition to Vacate City Right-of-Way, the Northeast Portion of Unopened
Depot Street
MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to adopt a resolution
repealing Resolution No. 082-21 and approving a resolution for setting a new Public Hearing for
January 11, 2022, 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.
The motion carried.
(Resolution No. 083-21)
B. Adoption of an Ordinance Adopting the 2021 Port Orchard Municipal Code Title 20
“Housekeeping” Amendments
MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to adopt an ordinance
adopting the 2021 Title 20 POMC housekeeping amendments, as presented.
The motion carried.
(Ordinance No. 059-21)
C. Adoption of an Ordinance Adopting the McCormick Village Subarea Plan and Overlay District
Development Regulations
MOTION: By Councilmember Rosapepe, seconded by Councilmember Chang, to adopt an ordinance
adopting the McCormick Village Subarea Plan as Appendix D to the City’s Comprehensive Plan and
adopting the development regulations to implement the subarea plan as presented.
The motion carried.
(Ordinance No. 060-21)
D. Adoption of an Ordinance Relating to Benefits for Non-Represented Employees, Repealing
Ordinance Nos. 010-19, 026-19, 045-19, and Amending Resolution No. 003-09
MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to adopt an
ordinance, establishing certain employee benefits for non- represented employees.
The motion carried.
(Ordinance No. 061-21)
Page 169 of 178
Minutes of December 14, 2021
Page 4 of 6
E. Adoption of an Ordinance Establishing a Personal Vehicle Allowance for the Mayor of $500 per
Month
MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to adopt an ordinance
establishing a $500 monthly personal vehicle allowance for the Mayor.
The motion carried.
(Ordinance No. 062-21)
F. Adoption of an Ordinance Repealing Ordinance No. 632 and Amending Port Orchard Municipal
Code Chapter 2.28 Relating to Employment Definitions and Describing Various Forms of
Employee Leaves
MOTION: By Councilmember Cucciardi, seconded by Councilmember Diener, to adopt an ordinance
which repeals Ordinance 632 and amends Chapter 2.28 of the Port Orchard Municipal Code related
to employment definitions and describing various forms of employee leaves.
The motion carried.
(Ordinance No. 063-21)
G. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 9.60 Park Rules
MOTION: By Councilmember Lucarelli, seconded by Councilmember Rosapepe, to adopt an
ordinance amending POMC 9.60 as presented.
The motion carried.
(Ordinance No. 035-21)
H. Adoption of a Resolution Adopting the 2022 City Council Meeting Schedule
MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to adopt a
resolution, adopting the 2022 City Council meeting schedule, as presented.
Councilmember Cucciardi pointed out the resolution states Council will be meeting August 16, 2022,
but it was his understanding they were to meet on August 9, 2022.
Mayor Putaansuu responded Councilmember Cucciardi is correct, and the resolution will be updated.
The motion carried.
(Resolution No. 084-21)
I. Adoption of a Resolution Adopting the 2022 Legislative Agenda
MOTION: By Councilmember Rosapepe, seconded by Councilmember Clauson, to adopt a
Resolution, thereby approving the 2022 Legislative Agenda, as presented.
Page 170 of 178
Minutes of December 14, 2021
Page 5 of 6
The motion carried.
(Resolution No. 085-21)
J. Adoption of a Resolution Approving a Contract with Herrera Environmental Consultants, Inc.
for the 2021 Stormwater and Watershed Comprehensive Plan-Phase 1 and Documenting
Procurement Procedures
MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to adopt Resolution No.
005-22, thereby approving Contract No. 009-22 with Herrera Environmental Consultants, Inc. for the
2021 Stormwater and Watersheds Comprehensive Plan – Phase 2 in the amount of $239,328.
The motion carried.
K. Adoption of a Resolution Approving an Interlocal Agreement with South Kitsap Fire and Rescue
for Fire Prevention Services
MOTION: By Councilmember Diener, seconded by Councilmember Cucciardi, to adopt a resolution,
authorizing the Mayor to execute the Interlocal Agreement with South Kitsap Fire and Rescue for
Fire Prevention Services.
The motion carried.
(Resolution No. 086-21 and Contract No. 019-22)
8. DISCUSSION ITEMS (No Action to be Taken)
A. Continued: Veterans Park
Mayor Putaansuu spoke to the letter sent to Kitsap County regarding enforcement, population
discrepancies of how many people are living in the park, and public health and safety concerns.
Additional discussion was held regarding appreciation for this being a continual discussion item,
Northwest Hospitality, and letter to, and from Kitsap County.
Council Direction: No direction was given to staff.
9. REPORTS OF COUNCIL COMMITTEES
Councilmember Clauson reported on the December 14th Utilities Committee meeting.
Councilmember Ashby reported on the December 7th Transportation Committee meeting and on the
Kitsap Regional Coordinating Council and Peninsula Regional Transportation Planning Organization
meetings.
Councilmember Lucarelli briefly reported on the December 4th Festival of Chimes and Lights event.
The Sewer Advisory Committee is scheduled to meet February 16th.
Page 171 of 178
Minutes of December 14, 2021
Page 6 of 6
10. REPORT OF MAYOR
The Mayor reported on the following:
• Council chambers audio equipment and hybrid meetings.
• In accordance with Resolution 007-11 Establishing a Process for Future Amendments to the
City’s Personnel Policies and Procedures, and Ordinance 008-20 Delegating Authority to the
Mayor for Creating and Modification of Job Descriptions, he reported on job openings and
descriptions, updates to worker’s compensation policy, changes to health and welfare
benefits, sick and bereavement leave policy modifications, no smoking policy, leave accrual,
and use of vacation and increase in carryover, modified changes in the use of he/she and
they/their.
• Will not be able to attend the second business meeting in January.
• AWC June conference.
11. REPORT OF DEPARTMENT HEADS
Community Development Director Bond reported on a CFC agreement in which the developer does
not want to commit to building infrastructure without also having an agreement to extend their
entitlements approved at the same time. A development agreement is currently being worked on.
Police Chief Brown reported on an upcoming meeting with the Strategic Advisory Board.
12. CITIZEN COMMENTS
There were no citizen comments.
13. GOOD OF THE ORDER
Councilmember Clauson spoke to a meeting he had with Representative Simmons.
Councilmember Diener would like the Council to consider having the Council Retreat earlier in the
year.
14. EXECUTIVE SESSION
There was no executive session.
15. ADJOURNMENT
The meeting adjourned at 7:48 p.m. No other action was taken. Audio/Visual was successful.
Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor
Page 172 of 178
City of Port Orchard
Council Meeting Minutes
Regular Meeting of December 21, 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 Present via Remote Access
Councilmember Chang Present via Remote Access
Councilmember Clauson Present via Remote Access
Councilmember Cucciardi Present via Remote Access
Councilmember Diener Present via Remote Access
Councilmember Lucarelli Present via Remote Access
Councilmember Rosapepe Present via Remote Access
Mayor Putaansuu Present via Remote Access
Staff present via remote access: Finance Director Crocker, Police Chief Brown, Community
Development Director Bond, HR Manager Lund, City Attorney Archer, City Clerk Rinearson and
Deputy City Clerk Floyd.
The meeting also streamed live on YouTube.
A. PLEDGE OF ALLEGIANCE
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
2. APPROVAL OF AGENDA
Due to computer issues, Councilmember Ashby left the meeting.
MOTION: By Councilmember Cucciardi, seconded by Councilmember Diener, to add business item
8H regarding the water CFC’s and an erroneous calculation of a CPI that was applied.
The motion carried.
MOTION: By Councilmember Cucciardi, seconded by Councilmember Diener, to approve the agenda
as amended.
The motion carried.
Page 173 of 178
Minutes of December 21, 2021
Page 2 of 6
3. CITIZENS COMMENTS
There were no citizen comments.
4. CONSENT AGENDA
A. Approval of Voucher Nos. 83278 through 83309 including bank drafts in the amount of
$168,606.78 and EFT’s in the amount of $37,491.36 totaling $206,098.14.
B. Approval of Payroll Check Nos. 0 through 0 including bank drafts and EFT’s in the amount of $0
and Direct Deposits in the amount of $0 totaling $0.
C. Approval of the December 7, 2021, Special City Council Meeting Minutes
MOTION: By Councilmember Diener, seconded by Councilmember Lucarelli, to approve the consent
agenda.
The motion carried.
5. PRESENTATION
There were no presentations.
6. PUBLIC HEARING
There were no public hearings.
7. COLLECTIVE BARGAINING
No collective bargaining session was held.
8. BUSINESS ITEMS
A. Approval of Collective Bargaining Agreement with the Teamsters Representing Public Works
Employees for 2022-2025
MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to authorize the
Mayor to sign the 2022-2025 contract between the City of Port Orchard and Teamsters Local 589
representing the Public Works Employees.
The motion carried.
(Contract No. 021-22)
B. Approval of Collective Bargaining Agreement with the Teamsters Representing Municipal
Court Employees for 2022-2025
Page 174 of 178
Minutes of December 21, 2021
Page 3 of 6
MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to authorize the
Mayor to sign the 2022-2025 contract between the City of Port Orchard and Teamsters Local 589
representing the Municipal Court Employees.
The motion carried.
(Contract No. 022-22)
C. Approval of Collective Bargaining Agreement with the Teamsters Representing Police
Support Staff for 2022-2025
MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to authorize the Mayor
to sign the 2022-2025 contract between the City of Port Orchard and Teamsters Local 589
representing the Police Support Staff.
The motion carried.
(Contract No. 023-22)
D. Adoption of an Ordinance Amending the 2021-2022 Biennial Budget Salary Table
MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to adopt an ordinance,
amending Exhibit A to Ordinance No. 035-20 and amended by Ordinance No.015-21, Ordinance No.
032-21, Ordinance No. 050-21, Ordinance No. 056-21, the 2021 – 2022 Biennial Budgets for the City of
Port Orchard.
The motion carried.
(Ordinance No. 065-21)
E. Adoption of an Ordinance Repealing Port Orchard Municipal Code Chapter 20.204 and
Amending Chapters 20.200, 15.28, and 5.60 Concerning 2018 Building Code and Fire Codes
MOTION: By Councilmember Diener, seconded by Councilmember Chang, to adopt an ordinance
repealing POMC 20.204 and amending POMC Chapters 20.200, 15.28 and 5.60 to remedy
inconsistencies in the Port Orchard Municipal Code related to the execution of the City of Port
Orchard and South Kitsap Fire and Rescue Interlocal Agreement and their respective roles and
responsibilities.
The motion carried.
(Ordinance No. 066-21)
F. Adoption of an Ordinance Adopting the 2021 Amendments to the City Comprehensive Plan
Page 175 of 178
Minutes of December 21, 2021
Page 4 of 6
MOTION: By Councilmember Chang, seconded by Councilmember Rosapepe, to adopt an Ordinance
adopting the 2021 amendments to the City’s Comprehensive Plan, as presented.
The motion carried.
(Ordinance No. 067-21)
G. Adoption of a Resolution Approving Mayoral Appointment for Boards, Committee,
Commissions
MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to adopt a resolution,
confirming the Mayor’s appointments to the Boards, Committees, and Commissions, as set forth in
the resolution presented.
The motion carried.
(Resolution No. 087-21)
H. NEW ITEM: Adoption of an Ordinance Amending POMC 13.04.025 to Remove Consumer Price
Index Adjustments
MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to adopt an
ordinance amending Ordinance No. 058-21 and Port Orchard Municipal Code Section 13.04.025.
The motion carried.
(Ordinance No. 064-21)
9. DISCUSSION ITEMS (No Action to be Taken)
A. Continued: Veterans Park
Mayor Putaansuu said he forwarded an email regarding the timeline letter from Kitsap County. City
Attorney Archer and Code Enforcement Office Quesada will be reviewing the documents. He visited
the site on Friday with staff and County Commissioners,
Additional discussion was held regarding the County’s actions to clean up the park, population of the
homeless in the park, shelters for the homeless and code enforcement action.
Council Direction: No direction was given to staff.
B. Recognition of Councilmember Bek Ashby
Mayor Putaansuu, Councilmembers and staff spoke to Councilmember Ashby’s service to the City,
numerous boards and commissions she has served on, and dedication to the City and the area as a
whole.
Page 176 of 178
Minutes of December 21, 2021
Page 5 of 6
Council Direction: No direction to staff.
10. REPORTS OF COUNCIL COMMITTEES
Mayor Putaansuu reported the Utilities Committee is scheduled to meet January 11th. The
Transportation Committee is scheduled to meet January 25th.
Councilmember Clauson reported on the December 21st Finance Committee meeting.
Councilmember Lucarelli briefly reported on the tree decorating contest and holiday lights. The next
meeting of the Festival of Chimes and Lights is tentatively scheduled for January 10th.
11. REPORT OF MAYOR
The Mayor reported on the following:
• YouTube viewer statistics; and
• In accordance with 007-11 ‘Establishing a Process for Future Amendments to the City’s
Personnel Policies and Procedures’, he spoke to cell phone policy updates and updates to use
of City vehicles.
12. REPORT OF DEPARTMENT HEADS
There were no reports of the department heads.
13. CITIZEN COMMENTS
There were no citizen comments.
14. GOOD OF THE ORDER
Councilmember Lucarelli thanked the public works staff for their hard work on decorating
downtown.
In response to Councilmember Diener, Mayor Putaansuu noted the discussion regarding the Council
Retreat is on January’s work study agenda.
Councilmember Clauson spoke about the Gorst Coalition.
Mayor Putaansuu said there is a gathering for Councilmember Ashby next Wednesday at the Bay
Street Bistro.
15. EXECUTIVE SESSION
Page 177 of 178
Minutes of December 21, 2021
Page 6 of 6
There was no executive session.
16. ADJOURNMENT
The meeting adjourned at 7:35 p.m. No other action was taken. Audio/Visual was successful.
Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor
Page 178 of 178