CITY'S WITNESS AND EXHIBIT LIST1
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BEFORE THE CITY OF BAINBRIDGE ISLAND
8 OFFICE OF THE HEARING EXAMINER
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PAUL and JENNIFER CLARK
10 NO. PLN 50467 VEG
Appellants,
11 CITY OF BAINBRIDGE ISLAND'S
V. WITNESS AND EXHIBIT LIST
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CITY OF BAINBRIDGE ISLAND, acting
13 through its Department of Planning and
Community Development.
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Respondent.
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16 Pursuant to the Bainbridge Island Hearing Examiner's Prehearing Order and Notice of
17 Hearing dated March 20, 2017, the City of Bainbridge Island hereby submits the following witness
18 and exhibit list:
19 I. WITNESSES
20 The City of Bainbridge Island may call any or all of the following witnesses:
21 1. Gary Christensen, AICP, Planning Director, City of Bainbridge Island Department of
22 Planning and Community Development, 280 Madison Avenue North, Bainbridge Island, Washington
23 98110, (206) 780 -3756. Mr. Christensen is familiar with and may testify concerning any aspect of
24 the Vegetation Management Permit issued for the Clark property on July 13, 2016, the Warning of
25 Violation and Order to Correct and Stop Work on the Vegetation Management Permit issued on
26 October 13, 2016, the Director's Review and Decision on Appeal of Warning of Violation and Order
27 to Correct and Stop Work Order issued on December 12, 2016, and the provisions of the Bainbridge
28 Island Municipal Code that apply to each of these actions.
{JEH1568251.DOC;1/13023.050013/ } OGDEN MURPHY WALLACE, P.L.L.C.
CITY'S WITNESS AND EXHIBIT LIST - 1 901 Fifth Avenue, Suite 3500
Seattle, Washington 98164 -2008
Tel: 206 - 447 - 7000 /Fax: 206 -447 -0215
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2. Joshua Machen, Planning Manager, City of Bainbridge Island Department of Planning
and Community Development, 280 Madison Avenue North, Bainbridge Island, Washington, 98110,
(206) 780 -3765. Mr. Machen is familiar with and may testify as to any aspect of the decision on the
initial clearing permit issued on February 25, 2016 for the Clark property, the Vegetation
Management Permit issued for the Clark property on July 13, 2016, the investigation of the violation
of the Vegetation Management Permit, and the issuance of the Warning of Violation and Order to
Correct and Stop Work Order and may testify as to any aspect of the same.
3. Greg Vause, Code Compliance Officer, City of Bainbridge Island Department of
Planning and Community Development, 280 Madison Avenue North, Bainbridge Island, Washington
98110, (206) 780 -3769. Mr. Vause is familiar with and may testify concerning any aspect of the
investigation of the violation of the Vegetation Management Permit for the Clark property, and the
issuance of the Warning of Violation and Order to Correct and Stop Work Order and may testify as
to any aspect of the same.
4. Robert Grant, P.L.S., Survey Program Manager, City of Bainbridge Island
Department of Public Works - Engineering, 280 Madison Avenue North, Bainbridge Island,
Washington 98110, (206) 780 -3742. Mr. Grant used a hand -held instrument in order to survey the
clearing areas on the Clark property and prepared drawings and maps documenting his work listed as
Exhibits 5 and 6 below. Mr. Grant may testify regarding his surveying and investigation of the
cleared areas and preparation of the maps and drawings.
The City of Bainbridge Island reserves the right to call any witness listed on the witness list
i submitted by the Appellants, Paul and Jennifer Clark. The City of Bainbridge Island also reserves
the right to call additional witnesses in response to any witness or exhibit submitted by the
Appellants.
II. EXHIBITS
In addition to those Exhibits listed as Nos. 1 - 11 on the Exhibit List provided to the parties
by the City of Bainbridge Island Hearing Examiner's office on April 5, 2017, the City of Bainbridge
Island may present any or all of the following exhibits at the hearing in this matter:
{JEH1568251.DOC;1/13023.050013/ }
CITY'S WITNESS AND EXHIBIT LIST - 2
OGDEN MURPHY WALLACE, P.L.L.C.
901 Fifth Avenue, Suite 3500
Seattle, Washington 98164 -2008
Tel: 206 - 447- 7000/Fax: 206 - 447 -0215
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1. Clearing and grading permit application for the Clark property submitted February 23,
2016, City File No. PLN50467.
2. Site plan and aerial photograph submitted with clearing and grading permit
application for the Clark property dated February 23, 2016, City File No. PLN5047.
3. Clearing and grading permit approval for Clark property dated February 25, 2016,
City File No. PLN 50467.
4. Site plan submitted with Vegetation Management Permit application dated April 12,
2016.
5. Drawing showing Clearing Areas for Parcel 282502 -2- 035 -2008 dated October 28,
2016.
6. Aerial photo of Parcel No. 282502- 035 -2008 with Clearing Areas and parcel
boundaries from drawing referred to in No. 5 above superimposed, dated October 28, 2016.
The City of Bainbridge Island reserves the right to introduce any exhibit listed on the exhibit
lists submitted by the Appellants, Paul and Jennifer Clark. The City of Bainbridge Island also
reserves the right to submit additional exhibits in response to any witness or exhibit submitted by the
Appellants.
DATED this 12'h day of April, 2017.
{JEH1568251.DOC;1/13023.050013/ }
CITY'S WITNESS AND EXHIBIT LIST - 3
OGDEN MURPHY WA:
By. �.-
James E. Haney, W'
Attorney for City of
P.L.L.C.
#11018
bh'idg6 Island
OGDEN MURPHY WALLACE, P.L.L.C.
901 Fifth Avenue, Suite 3500
Seattle, Washington 98164 -2008
Tel: 206 - 447- 7000/Fax: 206 - 447 -0215
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DECLARATION OF SERVICE
I, Gloria Zak, am an employee of Ogden Murphy Wallace, PLLC, and certify that on the date
below, I provided the original of the Witness and Exhibit List via email and regular mail to
Bainbridge Island Hearing Examiner and a copy to:
Attorney for Appellants:
Dennis D. Reynolds dennis @ddrlaw.com
DENNIS D. REYNOLDS LAW OFFICE
200 Winslow Way West, Suite 380
Bainbridge Island WA 98110
I declare under penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct.
Executed at Seattle, Washington this 12th day of A 1, 2017.
Gloria J. Zak, Le A st-.—
{JEH1568251.DOC;1/13023.050013/ }
CITY'S WITNESS AND EXHIBIT LIST - 4
OGDEN MURPHY WALLACE, P.L.L.C.
901 Fifth Avenue, Suite 3500
Seattle, Washington 98164-2008
Tel: 206-447-7000/Fax: 206-447-0215