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05/26/2020 - Regular - Packet City of Port Orchard Council Meeting Agenda May 26, 2020 6:30 p.m. Pursuant to the Governor’s “Stay Home - Stay Safe” Order, the City will take actions on necessary and routine business items. The City is prohibited from conducting meetings unless the meeting is NOT conducted in-person and instead provides options for the public to attend through telephone access, 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/87633148125?pwd=b1VtVWV5MklFL1hCVVp4WTE3Y3BUdz09 Zoom Meeting ID: 876 3314 8125 Password: 981023 Zoom Call-In: 1 253 215 8782 1. CALL TO ORDER A. Pledge of Allegiance 2. APPROVAL OF AGENDA 3. CITIZENS COMMENTS (Please limit your comments to 3 minutes. When recognized by the Mayor, please state your name for the official record) 4. CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed below, which have been distributed to each Councilmember for reading and study. Consent Agenda items are not considered separately unless a Councilmember so requests. In the event of such a request, the item is returned to Business Items.) A. Approval of Vouchers and Electronic Payments B. Approval of Payroll and Direct Deposits C. Approval of the May 12, 2020, Council Meeting Minutes Page 3 5. PRESENTATION 6. PUBLIC HEARING 7. BUSINESS ITEMS A. Adoption of a Resolution Expressing Support for Application to the Governor for a Variance from Governor Inslee’s Healthy Start Four- Phase Plan to Ensure the Expedient and Safe Restart of Economic and Social Activity in Kitsap County (Mayor) Page 9 B. Adoption of an Ordinance Amending Port Orchard Municipal Code 9.30 (Nuisances) to Address Nuisance Bees and Other Stinging Insects (Bond) Page 13 Mayor: Rob Putaansuu Administrative Official Councilmembers: Bek Ashby Finance Committee Economic Development & Tourism Committee Transportation Committee KRCC/KRCC PlanPol-alt /KRCC TransPol PSRC-alt/PSRC TransPOL-Alt/PRTPO Shawn Cucciardi Finance Committee E/D & Tourism Committee, Chair Kitsap Economic Development Alliance Fred Chang Economic Development & Tourism Committee Land Use Committee Jay Rosapepe (Mayor Pro-Tempore) Utilities/Sewer Advisory Committee Land Use Committee Transportation Committee Lodging Tax Advisory Committee, Chair KRCC-alt John Clauson Finance Committee Utilities/Sewer Advisory Committee Kitsap Public Health District-alt Cindy Lucarelli Festival of Chimes & Lights Committee, Chair Utilities/Sewer Advisory Committee Kitsap Economic Development Alliance Scott Diener Land Use Committee, Chair 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 Contact us: 216 Prospect Street Port Orchard, WA 98366 (360) 876-4407 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. May 26, 2020, Meeting Agenda Page 2 of 2 C. Approval of Memorandums of Understanding with the Police Guild Representing Patrol and Sergeants (M. Brown) Page 17 D. Adoption of a Resolution to Accept a Multifamily Property Tax Exemption Agreement (MPTE) for the Sedgwick Multifamily Project (Bond) Page 19 E. Adoption of a Resolution Approving a Contract with Murraysmith, Inc. for the 2020-2021 McCormick Woods Well No. 11 Phase 1 – Site Improvement (Schematic 30%) Project (Dorsey) Page 73 8. DISCUSSION ITEMS (No Action to be Taken) A. Furlough Policy Considerations (Lund) Page 77 9. REPORTS OF COUNCIL COMMITTEES 10. REPORT OF MAYOR 11. REPORT OF DEPARTMENT HEADS 12. CITIZEN COMMENTS (Has been suspended until further notice. Written comments are welcomed and can be emailed to cityclerk@cityofportorchard.us) 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. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Finance June 9, 2020; 5:00pm - 2nd Tuesday of each month City Hall Economic Development and Tourism June 8, 2020; 9:30am - 2nd Monday of each month City Hall Utilities June 16, 2020; 5:00pm - 3rd Tuesday of each month City Hall Sewer Advisory June 17, 2020; 6:30pm Remote Attendance Land Use June 1, 2020; 9:30am - 1st Monday of each month DCD* Transportation May 26, 2020; 5:00pm - 4th Tuesday of each month Remote Attendance Lodging Tax Advisory October, 2020 City Hall Festival of Chimes & Lights June 15, 2020; 3:30pm - 3rd Monday of each month City Hall Outside Agency Committees Varies Varies *DCD, Department of Community Development, 720 Prospect Street, Port Orchard CITY COUNCIL GOOD OF THE ORDER City of Port Orchard Council Meeting Minutes Regular Meeting of May 12, 2020 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: Councilmember 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 Mayor Pro-Tem Rosapepe Present via Remote Access Mayor Putaansuu Present via Remote Access Staff present via Remote Access: Public Works Director Dorsey, Finance Director Crocker, Community Development Director Bond, City Attorney Archer, Police Chief Brown, and City Clerk Rinearson. Mayor Putaansuu stated pursuant to the Governor’s “Stay Home - Stay Safe” Order, the City will take actions on necessary and routine business items. The City is prohibited from conducting meetings unless the meeting is not conducted in-person and instead provides options for the public to attend through telephone access, 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. A. PLEDGE OF ALLEGIANCE Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember Rosapepe, seconded by Councilmember Lucarelli, that the agenda as presented be approved. The motion carried. 3. CITIZENS COMMENTS There were no citizen comments. Page 3 of 80 Minutes of May 12, 2020 Page 2 of 5 Mayor Putaansuu asked if there was any desire to take comments from citizens during the remote meetings? Councilmembers briefly discussed, including recommending 1 citizen comment portion either at the end or beginning of the meeting, and having no issues with allowing live citizen comments. Mayor Putaansuu agreed that live citizen comments will be allowed during the first citizen comment portion of the agenda. 4. CONSENT AGENDA A. Approval of Voucher Nos. 79509 through 79587, including bank drafts in the amount of $352,113.78 and EFT’s in the amount of $477.20 totaling $352,590.98. B. Approval of Payroll Check Nos. 79506 through 79508, including bank drafts and EFT’s in the amount of $130,906.82 and Direct Deposits in the amount of $183,527.28 totaling $314,434.10. C. Adoption of a Resolution Approving a Contract with National Intergovernmental Purchasing Alliance Company, D/B/A Omnia Partners (Resolution 014-20 and Contract 044-20) D. Approval of an Easement with Puget Sound Energy, Inc. as Needed for the Construction, Operation, Maintenance and Repair of Power Services for the McCormick Woods Sewer Lift Station Improvements MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to approve the consent agenda as published. The motion carried. 5. PRESENTATION There were no presentations. 6. PUBLIC HEARING There were no public hearings. 7. BUSINESS ITEMS A. Approval of Supplemental Agreement No. 1 with GeoEngineers, Inc. for the 2019-2020 Bay Street Pedestrian Pathway NEPA Update MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to authorize the Mayor to execute Supplemental Agreement No. 1 with GeoEngineers, Inc. for the continuation of the Bay Street Pedestrian Pathway Project 2019-2020 NEPA Update in the amount of $13,680.65. The motion carried. Page 4 of 80 Minutes of May 12, 2020 Page 3 of 5 B. Approval of the April 21, 2020, Council Work Study Session Meeting Minutes MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the minutes of the work study session of April 21st. The motion carried. Councilmember Diener abstained. C. Approval of the April 28, 2020, Council Meeting Minutes MOTION: By Councilmember Cucciardi, seconded by Councilmember Chang, to approve the April 28, 2020, Council meeting minutes as presented. City Clerk Rinearson mentioned there was a scrivener’s error in the Roll Call portion of the meeting minutes, and it will be corrected. The motion carried. 8. DISCUSSION ITEMS (No Action to be Taken) A. Transportation Impact Fee Study Update and Alternatives Development Director Bond said the Transportation Committee discussed the ongoing traffic impact fee study update. The project has been slow moving because of ongoing negotiations with McCormick Communities on a new development agreement. We are now at a point we need direction from City Council in terms of general levels of where we want to set the fee and what projects the Council wants to prioritize. He reminded Council of this discussion held in 2015 and his concerns regarding the fee structure. He provided a spreadsheet of projects and noted which projects the Transportation Committee recommended moving forward, which included the Bethel/Sedgwick Corridor, Old Clifton Road Design, and Sidney Road Widening. Council, Mayor, and staff discussed impact fees and construction, McCormick Woods impact fees and development agreement, cost estimates, local share numbers, and timeframes. Councilmember Cucciardi said before deciding which options to move forward with, he would like to better understand what the relationship is between all the numbers and what the formula would look like for impact fees. Development Director Bond recommended the consultant attend a work study and walk Council through the spreadsheet. Page 5 of 80 Minutes of May 12, 2020 Page 4 of 5 Councilmembers liked the more robust projects and calculations and agreed upon the consultant attending a meeting. B. Cares Act Fund Mayor Putaansuu said the City was awarded $430,000 in Cares Act funding. We have until October 31st to spend the money and it must be used for COVID related expenses. We will be ordering new Surfaces and can buy more devices for teleworking; we have installed sneeze guards at the customer service counters; and can order supplies like PPE’s and hand sanitizer. He further discussed other COVID funding and contact tracing, and Department of Emergency Management proportional share of about $110,000 a week, which includes quarantine stations and testing facilities. We also may be able to partner with someone for small business grants. Councilmember Clauson mentioned he heard about a plan that includes additional funding for states, counties, and cities. 9. REPORTS OF COUNCIL COMMITTEES Councilmember Clauson reported on the May 12th Finance Committee meeting. Mayor Putaansuu reported the Economic Development and Tourism meeting is scheduled for Monday morning [May 18th]. The Utilities Committee is scheduled to meet Tuesday [May 19th]. The Sewer Advisory Committee is scheduled to meet May 27th. The Land Use Committee is scheduled to meet June 1st. The Transportation Committee is scheduled to meet May 26th. Councilmember Lucarelli reported the Chimes and Lights committee is scheduled to meet next Monday [May 18th]. Councilmember Ashby, Mayor Putaansuu, and Development Director Bond reported on KRCC [Kitsap Regional Coordinating Council] meetings and topics. She also reported on the Peninsula RTPO [Regional Transportation Planning Organization]. Mayor Putaansuu reported on Housing Kitsap and Kitsap Public Health Board. 10. REPORT OF MAYOR The Mayor reported on the following: • Public Facilities District and community center; and • Festival cancellations and postponements. 11. REPORT OF DEPARTMENT HEADS Page 6 of 80 Minutes of May 12, 2020 Page 5 of 5 Development Director Bond reported on their permit processing and issuance. Mayor Putaansuu reported on security upgrades and ID cards at City Hall. 12. CITIZEN COMMENTS There were no citizen comments. 13. EXECUTIVE SESSION At 7:52 p.m., Mayor Putaansuu recessed meeting for a 15-minute executive session to consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price, pursuant to RCW 42.30.110(1)(b), with no action to be taken. City Attorney Archer, Development Director Bond, Public Works Director, Finance Director Crocker, Police Chief Brown and HR Coordinator Lund were invited to attend. 14. ADJOURNMENT The meeting adjourned at 8:07 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 7 of 80 This Page Intentionally Left Blank Page 8 of 80 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7A Meeting Date: May 26, 2020 Subject: Adoption of a Resolution Expressing Support Prepared by: Robert Putaansuu for Application to the Governor for a Variance Mayor from Governor Inslee’s Healthy Start Four- Atty Routing No.: N/A Phase Plan to Ensure the Expedient and Safe Atty Review Date: N/A Restart of Economic and Social Activity in Kitsap County Summary: The City of Port Orchard, led by its residents and businesses, have had a strong record of compliance with Governor Inslee’s “Stay Home, Stay Healthy” order and, as a result, the City has had success minimizing the impact of COVID-19 on the City and its residents. In coordination with Kitsap Public Health District, the City and County have successfully preserved essential hospital and public health services and as a result of these efforts, Kitsap County has seen only eight cases in the month of May for a population of 271,473 (.00003%), with only 161 cases in Kitsap County for the duration of the pandemic. The economic impact of the Governor’s order to businesses in the City has been substantial, as businesses have prioritized public health concerns over their own fiscal health. The Governor adopted a “Healthy Start” program which allows reopening of the state over four phases, based on public health guidance and the Healthy Start program allows counties to seek variance from the Washington State Secretary of Health to allow the early advancement to the next phase where certain benchmarks are met. Earlier advancement to the next phase would enable the City’s businesses to reopen sooner utilizing safe social distancing. The Governor initially restricted the variance to counties with less than 75,000 persons, regardless of the successful health measures taken by the county and cities therein. On May 18, 2020, the Kitsap County Board of Commissioners petitioned the Governor to expand the variance eligibility in recognition that larger counties, such as Kitsap, have successfully taken steps to protect public health and minimize potential outbreaks. On May 19, 2020, the Governor announced modifications to the eligibility criteria, rendering Kitsap County eligible to apply for such a variance. Submission of an application for variance is the purview of the Kitsap Public Health District, based on available public health data. The Kitsap Public Health Board is set to meet on Wednesday, May 27, 2020, to discuss the submission of an application for variance. Governor Inslee’s Proclamation 20-28: This item is COVID-19 related. Relationship to Comprehensive Plan: N/A Page 9 of 80 Business Item 7A Page 2 of 2 Recommendation: Staff recommends adoption of a resolution expressing support for application to the governor for a variance from Governor Inslee’s healthy start four–phase plan to ensure the expedient and safe restart of economic and social activity in Kitsap County. Motion for Consideration: I move to adopt a resolution expressing support for application to the governor for a variance from Governor Inslee’s healthy start four–phase plan to ensure the expedient and safe restart of economic and social activity in Kitsap County. Fiscal Impact: N/A Attachments: Resolution. Page 10 of 80 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, EXPRESSING SUPPORT FOR APPLICATION TO THE GOVERNOR FOR A VARIANCE FROM GOVERNOR INSLEE’S HEALTHY START FOUR– PHASE PLAN TO ENSURE THE EXPEDIENT AND SAFE RESTART OF ECONOMIC AND SOCIAL ACTIVITY IN KITSAP COUNTY. WHEREAS, the City of Port Orchard, led by its residents and businesses, have had a strong record of compliance with Governor Inslee’s “Stay Home, Stay Healthy” order and, as a result, the City has had success minimizing the impact of COVID-19 on the City and its residents; and WHEREAS, in coordination with Kitsap Public Health District, the City and County have successfully preserved essential hospital and public health services; and WHEREAS, as a result of these efforts, Kitsap County has seen only eight cases in the month of May for a population of 271,473 (.00003%), with only 161 cases in Kitsap County for the duration of the pandemic; and WHEREAS, the economic impact of the Governor’s order to businesses in the City has been substantial, as businesses have prioritized public health concerns over their own fiscal health; and WHEREAS, the Governor adopted a “Healthy Start” program which allows reopening of the state over four phases, based on public health guidance; and WHEREAS, the Healthy Start program allows counties to seek variance from the Washington State Secretary of Health to allow the early advancement to the next phase where certain benchmarks are met; and WHEREAS, earlier advancement to the next phase would enable the City’s businesses to reopen sooner utilizing safe social distancing; and WHEREAS, the Governor initially restricted the variance to counties with less than 75,000 persons, regardless of the successful health measures taken by the county and cities therein; and WHEREAS, on May 18, 2020, the Kitsap County Board of Commissioners petitioned the Governor to expand the variance eligibility in recognition that larger counties, such as Kitsap, have successfully taken steps to protect public health and minimize potential outbreaks; and WHEREAS, on May 19, 2020, the Governor announced modifications to the eligibility criteria, rendering Kitsap County eligible to apply for such a variance; and WHEREAS, submission of an application for variance is the purview of the Kitsap Public Health District, based on available public health data; and Page 11 of 80 Resolution No. ____ Page 2 of 2 WHEREAS, the Kitsap Public Health Board is set to meet on Wednesday, May 27, 2020, to discuss the submission of an application for variance; and WHEREAS, the City Council desires to voice its support of an application for variance to support the residents and businesses of the City, in light of the vital social distancing efforts to date by those living and working in the City; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council endorses and encourages Kitsap Public Health to apply for a variance for Kitsap County under the Healthy Start program, so that the City and County may advance to Phase 2 as soon as supported by local public health data. 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 26th day of May 2020. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk Page 12 of 80 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7B Meeting Date: May 26, 2020 Subject: Adoption of an Ordinance Amending Port Orchard Municipal Code 9.30 (Nuisances) to Address Nuisance Bees and Other Stinging Insects Prepared by: Nicholas Bond DCD Director Atty Routing No: Development - Matter 11 Atty Review Date: May 20, 2020 Summary: The City has been asked to adopt regulations for beekeeping, which Port Orchard Municipal Code currently does not regulate, and to establish the authority to deal with nuisance bees. Beekeeping is a vital agricultural activity, and honey production is a significant economic activity. However, when conducted in close proximity to non-agricultural uses and not well self-regulated, beekeeping can have negative effects and become a public nuisance. Proposed land use-based beekeeping regulations have been drafted and are going through the process for review and adoption into Title 20. In the meantime, as spring is a time when poorly-managed beehives may become a problem, and other stinging insects are becoming active, the Council is asked to consider an amendment to POMC 9.30 (Nuisances), which defines when honey bees or other stinging insects will be considered a nuisance and provides the means to deal with them in the same manner as other nuisances. Governor Inslee’s Proclamation 20-28: This item is necessary and routine, for the following reasons: The adoption and implementation of nuisance regulations to protect the welfare of Port Orchard and its citizens is a normal and routine function of the Port Orchard City government. Relationship to Comprehensive Plan: N/A Recommendation: Staff recommends that the City Council adopt the proposed ordinance amending POMC Chapter 9.30. Motion for consideration: “I move to adopt an ordinance amending POMC Chapter 9.30, adding provisions for nuisance bees and stinging insects. Fiscal Impact: None Alternatives: Do not adopt the proposed amendment; revise the proposed amendment. Attachments: Ordinance. Page 13 of 80 This Page Intentionally Left Blank Page 14 of 80 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO NUISANCES; AMENDING PORT ORCHARD MUNICIPAL CODE SECTION 9.30.020, PERTAINING TO BEEKEEPING; PROVIDING FOR SEVERABILITY; ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to Chapters 7.48 and 9.66 of the Revised Code of Washington (RCW), the City of Port Orchard is delegated authority to establish civil and criminal procedures for regulating and abating public nuisances, defined as conditions that negatively impact the public’s health and safety; and WHEREAS, the City’s existing regulations for public nuisances are codified at Port Orchard Municipal Code (POMC) Chapter 9.30; and WHEREAS, due to complaints from the public regarding beekeeping activities that jeopardize or endanger the public, the City Council desires to control beekeeping as a nuisance under certain conditions; and WHEREAS, the City Council finds that this Ordinance and the amendments to POMC Chapter 9.30 herein are consistent with the City’s Comprehensive Plan and regulations, and are in the best interests of the residents of the City and further advance the public health, safety and welfare; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Findings and Recitals. The recitals set forth above are hereby adopted and incorporated as findings in support of this Ordinance. SECTION 2. Amendment. POMC Section 9.30.020, Types of nuisances, is hereby amended to read as follows: 9.30.020 Types of nuisances. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance and whenever the enforcement officer determines that any of these conditions exist upon any premises or in any lake, river, stream, drainageway, or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter: (1) The existence of any weeds, trash, dirt, filth, the carcass of any animal, waste, shrubs, accumulation of lawn or yard trimmings or other offensive matter; *** (18) The existence of any goods, merchandise, or property of any kind on any streets, alleys or sidewalks of the city, which unreasonably obstructs pedestrian or vehicular traffic.; (19) The keeping of hives of honey bees or other stinging insects in or upon their property or premises, that are: (a) defensive or exhibit objectionable behavior, including swarming, or which interfere with the normal use of property, or the enjoyment of persons, animals, or adjacent property; (b) abandoned hives; (c) diseased bees / hives; or (d) all other nests (colonies) of stinging insects such as Page 15 of 80 Ordinance No. _______ Page 2 of 2 yellow jackets, hornets, and wasps which exhibit objectionable behavior or interfere with normal use of property, or the enjoyment of persons, animals, or adjacent property. SECTION 2. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this ordinance, including but not limited to the correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. SECTION 3. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. SECTION 4. Effective Date. This ordinance shall be published in the official newspaper of the city and shall take full force and effect five (5) days after the date of publication. A summary of this ordinance in the form of the ordinance title may be published in lieu of publishing the ordinance in its entirety. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 26th day of May 2020. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: SPONSORED BY: Charlotte A. Archer, City Attorney Scott Diener, Councilmember PUBLISHED: EFFECTIVE DATE: Page 16 of 80 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7C Meeting Date: May 26, 2020 Subject: Approval of Memorandums of Understanding Prepared by: Police Chief with the Police Guild Representing Patrol and M. Brown Sergeants Atty Routing No.: N/A Atty Review Date: N/A Summary: The Chief of Police has reviewed the organizational structure and current patrol deployment and determined that an alternative schedule is more appropriate for the department’s needs. The current schedule consists of a mix of five 8-hour shifts or four 10-hour shifts with officers assigned to specific squads. The proposed schedule of 10 hour and 45-minute shifts provides multiple benefits to the City. It allows for additional coverage during peak service hours, permits mandated training to be conducted without overtime costs, and with the new sergeant’s position increases field supervision to over 80%. The schedule matches others in our area and provides the department the ability to better collaborate and train with our regional partners. This in turn increases our ability to recruit and retain professional staff. The proposed schedule also benefits staff wellness by providing a rotation of days off to include two weekends off per month for each officer. An increase in time at home, and the ability to have additional time to decompress, has been shown to decrease the incidents of officers out with illnesses and to benefit officer’s mental health. The MOUs change specific language in the current contracts relative to the officer’s schedule and adapt language regarding time off benefits. The language does not increase or decrease any benefits that have already been bargained and included in the current contracts. The MOUs are for a trial period only and may be extended and/or incorporated into future agreements by mutual agreements. Governor Inslee’s Proclamation 20-28: This item is [check all that apply]: COVID-19 related; necessary and routine, for the following reasons: the adoptions of these MOUs are necessary and time-sensitive to preserve the efficient and fiscally responsible operation of the Police Department. This item is routine because the administration of personnel agreements is regular and routine for the City as a public employer. Recommendation: With the support of Mayor Putaansuu and the Finance Director, I recommend the City Council approve the recommended MOUs to allow the Police Department to utilize a more effective patrol deployment schedule. Relationship to Comprehensive Plan: N/A Page 17 of 80 Business Item 7C Page 2 of 2 Motion for consideration: “I move authorizing the Mayor to sign Memoranda of Understanding with the Police Guild representing Sergeants and with the Police Guild representing Patrol Officers regarding scheduling.” Fiscal Impact: N/A Alternatives: Do not approve the MOU’s and provide alternative guidance. Attachments: None. (The MOUs are not public documents until approved by Council and signed by the parties; they are therefore not attached). Page 18 of 80 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7D Meeting Date: May 26, 2020 Subject: Adoption of a Resolution to Accept a Prepared by: Nicholas Bond, AICP Multifamily Property Tax Exemption DCD Director Agreement (MPTE) for the Sedgwick Atty Routing No.: Development-Matter 11 Multifamily Project Atty Review Date: May 5, 2020 Issue: In 2016, the City Council adopted Ordinance 023-16, which created Chapter 3.48 POMC (Multifamily Property Tax Exemption) to further the City’s goals of encouraging additional, affordable housing in urban centers. The map of designated residential targeted areas for eligible projects was most recently updated in January 2019 (Ordinance 003-19). The Multifamily Property Tax Exemption (MPTE) program exempts certain new, converted or rehabilitated multifamily developments from ad valorem property taxation (i.e. improvements to vacant land, or to existing buildings) for either 8 or 12 years from issuance of the certification of exemption, depending on whether a project will include at least 20% affordable housing. The City has received an application from Sedgwick Ventures LLC for an MPTE agreement, for construction of 136 new apartment units in five buildings on a vacant 8.28 acre site, located in a designated targeted area adjacent to the east side of the Fred Meyer at Bethel Rd SE and SE Sedgwick Rd. The Developer is seeking an 8- year tax exemption. The City Attorney has prepared a Multifamily Housing Limited Property Tax Exemption Agreement for signature by the City and Sedgwick Ventures LLC, to be accepted by resolution. Governor Inslee’s Proclamation 20-28: This item is necessary and routine, for the following reasons: The approval of agreement related to the City’s MFTE program is a normal and routine function of the Port Orchard City government. Recommendation: Staff recommends that the City Council approve a resolution authorizing the Mayor to accept and sign a Multifamily Housing Limited Property Tax Exemption Agreement between the City and Sedgwick Ventures LLC, as presented. Motion for consideration: “I move to approve a resolution authorizing the Mayor to accept and sign a Multifamily Housing Limited Property Tax Exemption Agreement between the City and Sedgwick Ventures LLC, as presented.” Fiscal Impact: The MFTE program will reduce property tax revenue to the city for a period of 8 years for the proposed project. The construction of this apartment project will generate other revenue that may not otherwise be generated in the absence of this incentive. Alternatives: Revise the Sedgwick Multifamily Housing Limited Property Tax Exemption Agreement; do not enter into a Multifamily Property Tax Exemption agreement for the Sedgwick Multifamily Project. Attachments: Resolution; Agreement; and Sedgwick MTFE application. Page 19 of 80 This Page Intentionally Left Blank Page 20 of 80 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, TO AUTHORIZE THE ACCEPTANCE OF A MULTIFAMILY PROPERTY TAX EXEMPTION AGREEMENT BETWEEN SEDGWICK VENTURES, LLC AND THE CITY RELATING TO THE TERMS AND CONDITIONS OF THE SUBJECT MULTIFAMILY HOUSING PROJECT AND ITS ELIGIBILITY FOR THE PROPERTY TAX EXEMPTION PROVIDED BY CHAPTER 3.48 OF THE PORT ORCHARD MUNICIPAL CODE. WHEREAS, the Port Orchard Municipal Code (POMC), Chapter 3.48, provides a multifamily property tax exemption pursuant to the requirements of that chapter; and WHEREAS, POMC 3.48.050 provides that, to be eligible for the multifamily property tax exemption, the subject project must meet the following requirements: (1) the project must be located within a residential targeted area as defined in POMC 3.48.030; (2) the project must not displace existing tenants; (3) existing dwelling units proposed for rehabilitation must fail to comply with one or more standards of the applicable state or city building codes; (4) the new, converted, or rehabilitated multiple-unit housing must provide for a minimum of 50 percent of the space for permanent residential occupancy and must include at least 10 units of multifamily housing; (5) new construction of multifamily housing and rehabilitation improvements must be completed within three years from the date of approval of the application; and (6) the project must be designed to comply with the city’s comprehensive plan, building, housing, and zoning codes, and any other applicable regulations, standards or guidelines; and WHEREAS, POMC 3.48.070 requires that, if the Director of the Department of Community Development approves an application for the multifamily property tax exemption, the applicant must enter into an agreement with the City regarding the terms and conditions of the implementation of the project; and WHEREAS, the multifamily property tax exemption agreement must be approved by the Port Orchard City Council, in the form of a resolution, regarding the terms and conditions of the project and eligibility for exemption under Chapter 3.48 POMC; and WHEREAS, the City received an application for multifamily property tax exemption from Sedgewick Ventures, LLC, pertaining to a project titled Sedgwick Multifamily (the “subject project”); and WHEREAS, the Director of the Department of Community Development has determined that the subject project meets the eligibility requirements set forth in POMC 3.48.050; has approved the application for tax exemption; and recommends approval of the attached Multifamily Housing Limited Property Tax Exemption Agreement as accurately setting forth the terms and conditions of the subject project and eligibility for exemption under Chapter 3.48 POMC; and WHEREAS, the Port Orchard City Council has determined to approve the attached Multifamily Housing Limited Property Tax Exemption Agreement; now, therefore, Page 21 of 80 Resolution No. ___ Page 2 of 8 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: 1. Recitals. The recitals set forth above are hereby incorporated by reference as if set forth in full herein. 2. Authorization for Signature. The City of Port Orchard hereby authorizes the Mayor to accept and sign the attached Multifamily Housing Limited Property Tax Exemption Agreement. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 26th day of May 2020. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk Page 22 of 80 CITY OF PORT ORCHARD MULTIFAMILY HOUSING LIMITED PROPERTY TAX EXEMPTION AGREEMENT THIS AGREEMENT is entered into this __ day of _____________, 20__, by and between Sedgwick Ventures, LLC, a Washington limited liability company (hereinafter referred to as the “Owner”), and the City of Port Orchard, a municipal corporation of the State of Washington (hereinafter referred to as the “City”). WITNESSETH: WHEREAS, the City has an interest in stimulating new construction or rehabilitation of multi- family housing in Residential Target Areas in order to reduce development pressure on single-family residential neighborhoods, to increase and improve housing opportunities, and to encourage development densities supportive of transit use; and WHEREAS, the City has, pursuant to the authority granted to it by Chapter 84.14 RCW, designated various Residential Target Areas for the provision of a limited property tax exemption for new multi-family residential housing; and WHEREAS the City has, through Chapter 3.48 Port Orchard Municipal code (POMC), enacted a program whereby property owners may qualify for a Final Certificate of Tax Exemption which certifies to the Kitsap County Assessor that the owner is eligible to receive a limited property tax exemption; and WHEREAS, the Owner is interested in receiving the multiple family property tax exemption for new multifamily residential housing units in a residential targeted area; and WHEREAS, the Owner has submitted to the City a complete application form for no fewer than ten (1) units of new multifamily housing within a residential structure or as part of an urban development; WHEREAS, the Owner has submitted to the City preliminary site plans and floor plans for multi-family residential housing more particularly described in Exhibit A which is attached hereto and incorporated by reference herein (the “Project”) to be constructed on said property (the “Site”) legally described as: A PORTION OF THE NW 1/4 OF THE NW 1/4 OF SECTION 12, TOWNSHIP 23 N., RANGE 1 E., W.M. CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON Pierce County Tax Assessor Parcel Nos. 122301-053-2006, 122301- 063-2204, 12301-064-2003, located at 2000 SE Sedgwick Rd. in the City of Port Orchard Page 23 of 80 WHEREAS, the City has determined that the improvement swill, if completed as proposed, satisfy the requirements of for a Final Certificate of Tax Exemption; NOW, THEREFORE, the City and the Owner do mutually agree as follows: 1. The City agrees to issue the Owner a Conditional Certificate of Acceptance of Tax Exemption. 2. The Owner agrees to construct on the Site multi-family residential housing substantially as described in the most recent site plans, floor plans, and elevations on file with the City as of the date of administrative approval of this Agreement. 3. The Project must comply with all applicable zoning requirements, land use requirements, design review requirements and all building, fire, and housing code requirements contained in the Port Orchard municipal Code (herein referred to as the “POMC”) at the time a complete application for a building permit is received. 4. The new multiple-unit housing must provide for a minimum of fifty (50) percent of the space for permanent residential occupancy. The Project must include at least ten (10) units of multifamily housing within a residential structure or as part of an urban development. 5. The Owner agrees to complete construction of the agreed upon improvements within three years from the date the City issues the Conditional Certificate of Acceptance of Tax Exemption, or within any extension thereof granted by the City. 6. The Owner is requesting an EIGHT limited property tax exemption. (If a twelve year exemption, the Owner commits to renting or selling at least twenty percent (20%) of the multifamily housing units constructed on the site as housing units affordable for low or moderate-income households as defined by Section 3.48.040 POMC). 7. The Owner agrees, upon completion of the improvements and upon issuance by the City of a temporary or permanent certificate of occupancy, to file with the City’s Department of Community Development the following: a. A statement of expenditures made with respect to each multi-family housing unit and the total expenditures made with request to the entire site; b. A description of the completed work and a statement of qualification for the exemption; and c. A statement that the work was completed within the required three (3) year period or any authorized extension. d. If applicable, that the project meets the affordable housing requirements as described in RCW 84.14.020. Page 24 of 80 8. The City agrees, conditioned on the Owner’s successful completion of the improvements in accordance with the terms of this Agreement and on the Owner’s filing of the materials described in the preceding paragraph, to file an eight or twelve year (as applicable) Final Certificate of Tax Exemption with the Kitsap County Assessor. 9. The Owner agrees, within thirty (30) days following the first anniversary of the City’s filing of the Final Certificate of Tax Exemption and each year thereafter for a period of eight or twelve years, as applicable, to file a notarized declaration with the City’s Department of Community Development stating the following: a. A statement of occupancy and vacancy of the multi-family units during the previous twelve (12) months; b. A certification that the property continues to be in compliance with this Agreement; and c. A description of changed or improvements constructed after issuance of the certificate of tax exemption. d. A statement of the income of each renter household at the time of initial occupancy and the income of each initial purchaser of owner-occupied units at the time of purchase for each of the units receiving a tax exemption and a summary of these figures. e. Any information needed by the City to file its annual report pursuant to Port Orchard Municipal Code (POMC) 3.48.110 and any additional information requested by the City in regards to the units receiving a tax exemption. 10. The Parties acknowledge that the units are to be used an occupied for multifamily residential use. The parties further acknowledge that the certificate of occupancy issued by the City is for multi-family residential units. The Owner acknowledges and agrees that the units shall be used primarily for residential occupancy and any business activities shall only be incidental and ancillary to the residential occupancy. 11. If the Owner converts to another use any of the new multi-family residential housing units constructed under this Agreement, the Owner shall notify the Kitsap County Assessor and the City’s Department of Community Development within sixty (60) days of such change in use. 12. The Owner agrees to notify the City promptly of any transfer of Owner’s ownership interest in the Site or in the improvements made to the Site under this Agreement. 13. For purposes of this Agreement, “Owner” shall mean the Owners Association of a condominium complex once such association is established which shall be responsible for all reporting requirements required herein on behalf of the owners of individual condominium units, if applicable. Page 25 of 80 14. The City reserves the right to cancel the Final Certificate of Tax Exemption should the Owner, its successors and assigns, fail to comply with any of the terms and conditions of this Agreement. If the exemption is cancelled for non-compliance, Owner acknowledges that state law requires that an additional real property tax is imposed in the amount of (1) the difference between the tax paid and the tax that would have been paid if it had included the value of the non-qualifying improvements, dated back to the date that the improvements became non-qualifying; (2) a penalty of 20% of the difference calculated under paragraph (a) of this paragraph; and (3) interest at the statutory rate on delinquent property taxes and penalties, calculated from the date the tax would have been due without penalty if the improvements had been assessed without regard to the exemptions provided by Chapter 84.14 RCW and POMC Chapter 3.48 KMC. Applicant acknowledges that, pursuant to RCW 84.14.110, any additional tax owed, together with interest and penalty, becomes a lien on that portion of the Property on which the Project is constructed and attaches at the time the portion of the Property is removed from multifamily use or the amenities no longer meet applicable requirements, and that the lien has priority to and must be fully paid and satisfied before a recognizance, mortgage, judgment, debt, obligation, or responsibility to or with which the Property may become charged or liable. Applicant further acknowledges that RCW 84.14.110 provides that any such lien may be foreclosed in the manner provided by law for foreclosure of liens for delinquent real property taxes. 15. Nothing in this Agreement shall permit or be interpreted to permit either party to violate any provision of Chapter 84.14 RCW or POMC Chapter 3.48. 16. No modifications of this Agreement shall be made unless mutually agreed upon by the parties in writing. 17. The Owner acknowledges its awareness of the potential tax liability involved if and when the property ceases to be eligible for the incentive provided pursuant to this Agreement. Such liability may include additional real property tax, penalties and interest imposed pursuant to RCW 84.14.110. The Owner further acknowledges its awareness and understanding of the process implemented by the Kitsap County Assessor’s Office for the appraisal and assessment of property taxes. The Owner agrees that the City is not responsible for the property value assessment imposed by Kitsap County at any time during the exemption period. 18. The Owner acknowledges and agrees that the City has the right to audit or review appropriate records to assure compliance with this Agreement and POMC Chapter 3.48 and to perform evaluations of the effectiveness of the Multifamily Tax Exemption program. The Owner agrees to make appropriate records available for review or audit upon seven days’ written notice by the City. 19. All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when hand-delivered within normal business hours, when actually received by facsimile transmission, or two business days after having been mailed, postage prepaid, to the parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate in writing. Page 26 of 80 CITY: Department of Community Development City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Attn: Director OWNER: 20. In the event that any term or clause of this Agreement conflicts with applicable law, such conflict shall not affect other terms of this Agreement which can be given effect without the conflicting term or clause, and to this end, the terms of this Agreement are declared to be severable. 21. This Agreement shall be a covenant running with the land and shall be binding on the assigns, heirs and successors of the Owner. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. CITY OF PORT ORCHARD PROPERTY OWNERS Robert Putaansuu, Mayor By: Its: Nick Bond, Director By: Dept. of Community Development Its: _______________________________ Noah Crocker Finance Director Attest: _______________________________ Brandy Rinearson, CMC, City Clerk Approved as to Form: Page 27 of 80 _______________________________ Charlotte A. Archer, City Attorney [ADD NOTARY BLOCK] Page 28 of 80 CITY OF PORT ORCHARD Department of Community Development 216 Prospect Street Port Orchard, WA 98366 Phone: (360) 874-5533 • Fax: (360) 876-4991 MULTI-FAMILY TAX EXEMPTION APPLICATION Port Orchard Municipal Code Chapter 3.48 I File#: I Fee: $1,500.00 I Receipt#: PROGRAM REQUIREMENTS 1.The project must be located within a residential target area designed for the tax incentiveprogram by the City. (See page 4 of the application for a map) 2.The project cannot displace any residential tenants from the property proposed fordevelopment. 3.At least 50% of the proposed units must be developed for permanent owner occupation. 4.The project must provide at least 10 owner occupied dwelling units. 5.The project must be comple ted within 3 years from the date of approval of the application. 6.The project must be designed to comply with all building codes, zoning codes, and otherapplicable regula tions. CONTACT INFORMATION I Project Name Applicant (grantor): Address: I Phone Number: Email: Contact Person (if different than applicant): Address: I Phone Number: Email: Title Holder (if different than aoolicant): Address: I Phone Number: Email: Project Representative: Address: I Phone Number: Email: Multi-family Tax Exemption Application (2 117117) Sedgwick Multifamily Sedgwick Ventures, LLC 6622 Wollochet Dr, Gig Harbor, WA 98335 253-858-3636 Kim Orr, Development Manager 6622 Wollochet Dr, Gig Harbor, WA 98335 253-858-3636 korr@therushcompanies.com Tawney Calzacorta, Rush Companies Agent tcalzacorta@therushcompanies.com 253-858-36366622 Wollochet Dr, Gig Harbor, WA 98335 c/o The Rush Companies Page 29 of 80 Multi-Family Tax Exemplton Apptkation PROJECT INFORMATION 1.Property Address: __________________________ _ 2.Tax Assessor Parcel Number(s): _____________________ _ 3.Zoning Designation: _________________________ _ 4. 5.Sewage Disposal Method: _______________________ _ 6.Water Source:---------------------------- 7.Is the project located within the residential targeted area as defined in POMC 3.48.020 and as 8.Is the project site currently vacant? □ YES □NO 9.If the existing units are vacant, what is the last day occupied? ___________ _ If the property is not vacant please provide a detailed explanation as to how the tenants will be relocated. You must include information regarding how the applicant will provide each tenant comparable size, quality, price, and opportunity to relocate. 10.Number of Units: New: ____ Existing Empty: ____ Existing Occupied: ___ _ (The proposed project must include at least 10 owner occupied units) 11.Does the proposal include the rehabilitation of existing structures?□YES □NO 12.If the proposal includes the rehabilitation of an existing structure please provide a report prepared by a registered architect identifying how the structure is not compliant with the building codes. The report must identify specific code violations, supporting date, a narrative, and graphic materials to identifying specific non-compliances with the building code. Does this application include a report meeting these requirements?□YES □NO 15.What is the projected cost of the construction/rehabilitation? .,.__ __________ _ 16.Source of cost estimate?------------------------ 17.Expected start date of project? __________ _ 18.Expected completion Date? ___________ _ 19.Preliminary plans are required with the submittal of this application. Which of the following are attached? □Site Plan □ Floor Plans D Legal Description 20.Please provide any other applic able information that will assist in the review of your request and will help show that your project meets the criteria in the Port Orchard Municipal Code 3.48.050. (list): _______________________ _ Page 2 of4 2000 SE Sedgwick Rd X X 122301-053-2006, 122301-063-2004, 122301-064-2003 X N/A 00 17MM 136 CMU West Sound Utilities West Sound Utilities Comprehensive Plan Designation: _Urban Growth______________ _ X X X Rush Commercial Const. (License #RUSHCC*913JG) cost estimate June 2020 Fall 2021 N/A target date (approx. 14 months following start date 13.Number of units for which you are applying for this exemption: _________ _ 14.Does the project provide at least fifty percent (50%) of the units for permanent (owner occupied) residential occupancy? set forth in 3.48.030 Figure1: Alternative 1? (See page 4) X□ YES □ NO See response to criteria outlined in 3.48.050, attached to this application as Exhibit A The project is a residential apartment community; 100% of the space (square foot area) within the (5) buildings is for permanent residential occupancyX□YES NO 136 □ Page 30 of 80 Multi-Family Tax Exemption Application CONDITIONAL CERTIFICATE The City may issue a Conditional Certificate of Acceptance of Tax Exemption, based on the information provided by the applicant. The Conditional Certificate will be effective for not more than three (3) years, but may be extended for an additional 24 months under certain circumstances. The City will issue a Final Certificate of Tax Exemption upon completion of the project, satisfactory fulfillment of all contract terms, a final inspect ion, and issuance of a Certificate of Occupancy. EFFECT OF CANCELLATION If a tax exemption is canceled due to a change in use or other noncompliance, the following taxes and penalties will apply: A.Additional real property tax, plus interest, shall be imposed based upon the value of thenon-qualifying improv ements. This additional tax is calculated based upon the differencebetween the property tax paid and the property tax that would have been paid if it hadincluded the value of the non-qualifying improvements dated back to the date that theimprovements were converted to a non-qualifying use.B.A penalty shall be imposed amounting to twenty (20) percent of the value of the additionalproperty tax plus interest.C.The interest is calculated at the same statutory rate charged on delinquent property taxesfrom the dates on which the additional property tax could have been paid without penalty ifthe improvements had been assessed at full value without regard to this tax exemptionprogram.D.The additional taxes, interest, and penalties will become a lien on the land and attach at thetime the property or portion of the property is removed from multi-family use or theamenities no longer meet applicable requirements. The lien has priority over and must befully paid and satisfied before a recognizance, mortgage, judgment, debt, obligation, orresponsibility to or with which the land may become charged or liable. SIGNATURE STATEMENT As owner(s) of the land described In this application, I hereby Indicate by my signature that I am aware of the addi tional tax liability to whf ch the property will be subject If the exemption Is canceled. I declare under penalty of perjury under the laws of the State of Washington that this application and any accompanying documents have been examined by me and that they are true, correct, and complete to the best of my knowledge Signed at (;� 1J®b6J. , Washington this '6.,J,day of CJ� , 20J2:£2.... Signatures of Owner(s) and Contract Purchaser(s) 1 • Printed Name:�Y�Zh Printed Name: ---------- Printed Name:, __________ _ Printed Name: _________ _ Page 3 of4 Matt Smith Page 31 of 80 Multi-Family Ta>1 faemption Application State of Washington Dl�M, ) ss Countyo� ) On this <j, .J, day of f)µi � . 20 M. before me, the undersigned, a Notary Publicin�� State of �ington, du y commissioned and sworn, personally appeared � 6n f&Zl , to me known to be the authorized signor and the personwho executed the foregoing instrument, and acknowledged that said instrument to be the free and voluntary act and deed of said person, for the uses and purposes therein men tioned. -�. WITNESS MY HAND AND OFFICIAL SEAL THIS£ DAY OF � c=�Qli}f� �d NOTARYUC Printed Name: FIGURE 3.48 TARGET AREA ' MOIIECfN..1 mwst -.,, Oflw..llST DWDfl'Or CMDtrrr i OMoof SI DM!iCH SJ c.· .. ,t! f j / t -ST a 1A'l'LORl1 I I SIOTNST -" r t ,-,., i { I tllBbEUI t ► t § i 1'" I I SCUTHsr3 I r-,s, YSf'N ,.,,.,,,ur 80l-,.9T _,,.., f i i 5 i ; // t ' t t(sh II I i i � I Page 4 of4 \ "'"� .....___ ,. __ ,20 .M Page 32 of 80 Page 33 of 80 Page 34 of 80 Page 35 of 80 Page 36 of 80 Page 37 of 80 Page 38 of 80 Page 39 of 80 Page 40 of 80 Page 41 of 80 Page 42 of 80 Page 43 of 80 Page 44 of 80 Page 45 of 80 Page 46 of 80 Page 47 of 80 Page 48 of 80 Page 49 of 80 Page 50 of 80 Page 51 of 80 Page 52 of 80 Page 53 of 80 Page 54 of 80 Page 55 of 80 11/15/2019 architects 7195 Wagner Way, Suite 201 (253) 851-8383 (fax) 851-8395 www.sfaarchitects.com Gig Harbor, WA 98335 SHEET: DATE: Project Number: Project Architect: Staff: File Name: Revisions:     K Snodgrass 1811-c Date: a.1.1 101 100 103 102 105 104 106 STAIR 1 STAIR 1.1 STAIR 2 STAIR 2.1 BUILDING A FIRST FLOOR A 1 ADA Type A SCALE: 1/8" = 1'-0" 107 PAT IO Sedgwick Multi-Family 2.0Port Orchard, WA. 9873662000 SE Sedgwick RoadBuilding AStudio ADA Type B 1 ADA Type B B C Studio ADA Type B D E F G 2 ADA Type B 3 ADA Type B 2 ADA Type B 3 ADA Type B A B C D E F G PAT IO PAT IO PAT IO PAT IO PAT IO PAT IO PAT IO Page 56 of 80 11/15/2019 architects 7195 Wagner Way, Suite 201 (253) 851-8383 (fax) 851-8395 www.sfaarchitects.com Gig Harbor, WA 98335 SHEET: DATE: Project Number: Project Architect: Staff: File Name: Revisions:     K Snodgrass 1811-c Date: a.1.2 BUILDING A SECOND FLOOR SCALE: 1/8" = 1'-0" 201 200 203 202 205 204 206 STAIR 1 STAIR 1.1 STAIR 2 STAIR 2.1 A 1 ADA Type B 207 DECK Studio ADA Type B 1 ADA Type B B C Studio ADA Type B D E F G 2 ADA Type B 3 ADA Type B 2 ADA Type B 3 ADA Type B A B C D E F G Sedgwick Multi-Family 2.0Port Orchard, WA. 9873662000 SE Sedgwick RoadBuilding ADECK DECK DECK DECK DECK DECK DECK Page 57 of 80 11/15/2019 architects 7195 Wagner Way, Suite 201 (253) 851-8383 (fax) 851-8395 www.sfaarchitects.com Gig Harbor, WA 98335 SHEET: DATE: Project Number: Project Architect: Staff: File Name: Revisions:     K Snodgrass 1811-c Date: a.1.3 BUILDING A THIRD FLOOR SCALE: 1/8" = 1'-0"Sedgwick Multi-Family 2.0Port Orchard, WA. 9873662000 SE Sedgwick RoadBuilding A301 300 303 302 305 304 306 STAIR 1 STAIR 1.1 STAIR 2 STAIR 2.1 307 A 1 ADA Type B Studio ADA Type B 1 ADA Type B B C Studio ADA Type B D E F G 2 ADA Type B 3 ADA Type B 2 ADA Type B 3 ADA Type B A B C D E F G Page 58 of 80 11/15/2019 architects 7195 Wagner Way, Suite 201 (253) 851-8383 (fax) 851-8395 www.sfaarchitects.com Gig Harbor, WA 98335 SHEET: DATE: Project Number: Project Architect: Staff: File Name: Revisions:     K Snodgrass 1811-c Date: a1.1 101 100 103 102 105 109 STAIR 1 STAIR 2 BUILDING B FIRST FLOOR IA PAT IO SCALE: 1/8" = 1'-0" 107 2 ADA Type ACD E F G IACD E F G 2 ADA Type B 2 ADA Type B1 ADA Type B1 ADA Type B 3 - Garages1 ADA Type B1 ADA Type B STAIR 3 Sedgwick Multi-Family 2.0Port Orchard, WA. 9873662000 SE Sedgwick RoadBuilding B3 - Garages 3 - Garages PAT IO B B H H PAT IO PAT IO PAT IO PAT IO PAT IO Page 59 of 80 11/15/2019 architects 7195 Wagner Way, Suite 201 (253) 851-8383 (fax) 851-8395 www.sfaarchitects.com Gig Harbor, WA 98335 SHEET: DATE: Project Number: Project Architect: Staff: File Name: Revisions:     K Snodgrass 1811-c Date: a1.2 201 200 203 202 205 204 209 208 STAIR 1 STAIR 2 BUILDING B SECOND FLOOR SCALE: 1/8" = 1'-0" 207 206 STAIR 3 Sedgwick Multi-Family 2.0Port Orchard, WA. 9873662000 SE Sedgwick RoadBuilding BIA DECK 2 ADA Type BCD E F G IACD E F G 2 ADA Type B 2 ADA Type B1 ADA Type B1 ADA Type B 1 ADA Type B1 ADA Type B B B H H DECK DECK DECK DECK DECK DECK DECK DECK DECK 2 ADA Type B 2 ADA Type B 2 ADA Type B Page 60 of 80 11/15/2019 architects 7195 Wagner Way, Suite 201 (253) 851-8383 (fax) 851-8395 www.sfaarchitects.com Gig Harbor, WA 98335 SHEET: DATE: Project Number: Project Architect: Staff: File Name: Revisions:     K Snodgrass 1811-c Date: a1.3 BUILDING B THIRD FLOOR SCALE: 1/8" = 1'-0" 301 300 303 302 305 304 309 308STAIR 1 STAIR 2 307 306 STAIR 3 Sedgwick Multi-Family 2.0Port Orchard, WA. 9873662000 SE Sedgwick RoadBuilding BIA DECK 2 ADA Type BCD E F G IACD E F G 2 ADA Type B 2 ADA Type B1 ADA Type B1 ADA Type B 1 ADA Type B1 ADA Type B B B H H DECK DECK DECK DECK DECK DECK DECK DECK DECK 2 ADA Type B 2 ADA Type B 2 ADA Type B Page 61 of 80 11/14/2019 architects 7195 Wagner Way, Suite 201 (253) 851-8383 (fax) 851-8395 www.sfaarchitects.com Gig Harbor, WA 98335 SHEET: DATE: Project Number: Project Architect: Staff: File Name: Revisions:     K Snodgrass 1811-c Date: a.1.1 100 103 102 105 104 107 106 STAIR 1 STAIR 1.1 STAIR 2 STAIR 2.1 BUILDING C FIRST FLOOR PAT IO B C D E GAF GBCDEAF 3 ADA Type A SCALE: 1/8" = 1'-0" 1 ADA Type B w/ Den 1s ADA Type B 3 ADA Type B 1s ADA Type B 1 ADA Type B w/ Den Sedgwick Multi-Family 2.0Port Orchard, WA. 9873662000 SE Sedgwick RoadBuilding C1 ADA Type B w/ Den 1 ADA Type B w/ Den PAT IO PAT IO PAT IO PAT IO PAT IO PAT IO PAT IO 101 Page 62 of 80 11/14/2019 architects 7195 Wagner Way, Suite 201 (253) 851-8383 (fax) 851-8395 www.sfaarchitects.com Gig Harbor, WA 98335 SHEET: DATE: Project Number: Project Architect: Staff: File Name: Revisions:     K Snodgrass 1811-c Date: a.1.2 201 200 203 202 205 204 207 206 STAIR 1 STAIR 1.1 STAIR 2 STAIR 2.1 BUILDING C SECOND FLOOR DECK B C D E GAF DECK GFBCDEAF DECK DECK DECKDECKDECKDECK 3 ADA Type B SCALE: 1/8" = 1'-0" 1 ADA Type B w/ Den 1s ADA Type B1 ADA Type B w/ Den 3 ADA Type B 1s ADA Type B1 ADA Type B w/ Den1 ADA Type B w/ Den Sedgwick Multi-Family 2.0Port Orchard, WA. 9873662000 SE Sedgwick RoadBuilding CPage 63 of 80 12/17/2019 architects 7195 Wagner Way, Suite 201 (253) 851-8383 (fax) 851-8395 www.sfaarchitects.com Gig Harbor, WA 98335 SHEET: DATE: Project Number: Project Architect: Staff: File Name: Revisions:     K Snodgrass 1811-c Date: a.1.3 301 300 303 302 305 304 307 306 STAIR 1 STAIR 1.1 STAIR 2 STAIR 2.1 BUILDING C THIRD FLOOR SCALE: 1/8" = 1'-0"Sedgwick Multi-Family 2.0Port Orchard, WA. 9873662000 SE Sedgwick RoadBuilding CDECK B C D E GAF DECK GFBCDEAF DECK DECK DECKDECKDECKDECK 3 ADA Type B 1 ADA Type B w/ Den 1s ADA Type B1 ADA Type B w/ Den 3 ADA Type B 1s ADA Type B1 ADA Type B w/ Den1 ADA Type B w/ Den Page 64 of 80 12/17/2019 architects 7195 Wagner Way, Suite 201 (253) 851-8383 (fax) 851-8395 www.sfaarchitects.com Gig Harbor, WA 98335 SHEET: DATE: Project Number: Project Architect: Staff: File Name: Revisions:     K Snodgrass 1811-c Date: a.1.1 101 100 103 102 105 104 107 106 STAIR 1 STAIR 1.1 STAIR 2 STAIR 2.1 BUILDING D FIRST FLOOR E F G H JAI JEFGHAI 1s ADA Type A SCALE: 1/8" = 1'-0" B C D B C D 1 Den ADA Type A1 Den ADA Type BStudio ADA Type B Studio ADA Type B 1 Den ADA Type B 1 Den ADA Type B Studio ADA Type B Studio ADA Type B PAT IO 1 ADA Type B 1 ADA Type B 1s ADA Type B Sedgwick Multi-Family 2.0Port Orchard, WA. 9873662000 SE Sedgwick RoadBuilding DSTAIR 3 STAIR 3.1 109 108 PAT IO PAT IOPATIO PAT IO PAT IO PAT IO PAT IO PAT IO PAT IO PAT IO PAT IO Page 65 of 80 12/17/2019 architects 7195 Wagner Way, Suite 201 (253) 851-8383 (fax) 851-8395 www.sfaarchitects.com Gig Harbor, WA 98335 SHEET: DATE: Project Number: Project Architect: Staff: File Name: Revisions:     K Snodgrass 1811-c Date: a.1.2 BUILDING D SECOND FLOOR SCALE: 1/8" = 1'-0" 201 200 203 202 205 204 207 206 STAIR 1 STAIR 1.1 STAIR 2 STAIR 2.1 DECK E F G H JAI DECK JEFGHAI 1s ADA Type B DECK DECKDECKDECK B C D B C D 1 Den ADA Type B1 Den ADA Type BStudio ADA Type B Studio ADA Type B 1 Den ADA Type B 1 Den ADA Type B Studio ADA Type B Studio ADA Type B DECK DECK DECK DECK 1 ADA Type B 1 ADA Type B 1s ADA Type B Sedgwick Multi-Family 2.0Port Orchard, WA. 9873662000 SE Sedgwick RoadBuilding DSTAIR 3 STAIR 3.1 209 208 DECK DECK 211 210 Page 66 of 80 12/17/2019 architects 7195 Wagner Way, Suite 201 (253) 851-8383 (fax) 851-8395 www.sfaarchitects.com Gig Harbor, WA 98335 SHEET: DATE: Project Number: Project Architect: Staff: File Name: Revisions:     K Snodgrass 1811-c Date: a.1.3 BUILDING D THIRD FLOOR SCALE: 1/8" = 1'-0"Sedgwick Multi-Family 2.0Port Orchard, WA. 9873662000 SE Sedgwick RoadBuilding DDECK E F G H JAI DECK JEFGHAI 1s ADA Type B DECK DECKDECKDECK B C D B C D 1 Den ADA Type B1 Den ADA Type BStudio ADA Type B Studio ADA Type B 1 Den ADA Type B 1 Den ADA Type B Studio ADA Type B Studio ADA Type B DECK DECK DECK DECK 1 ADA Type B 1 ADA Type B 1s ADA Type B DECK DECK 301 300 303 302 305 304 307 306 307 306STAIR 1 STAIR 2 STAIR 3 STAIR 1.1 STAIR 2.1 STAIR 3.1 Page 67 of 80 12/14/2019 architects 7195 Wagner Way, Suite 201 (253) 851-8383 (fax) 851-8395 www.sfaarchitects.com Gig Harbor, WA 98335 SHEET: DATE: Project Number: Project Architect: Staff: File Name: Revisions:     K Snodgrass 1811-c Date: a.1.1 102 103 104 105 106 STAIR 1 STAIR 2 BUILDING E FIRST FLOOR B C DA PAT IO I SCALE: 1/8" = 1'-0" Studio ADA Type AStudio ADA Type B B C D EA FStudio ADA Type B Studio ADA Type B Studio ADA Type B G 1s ADA Type B 1s ADA Type B 108 107 STAIR 3 Sedgwick Multi-Family 2.0Port Orchard, WA. 9873662000 SE Sedgwick RoadProposed Community Center Building E PAT IO OFFICE COMMUNITY CENTER PORCH STORAGE TOILET TOILET PAT IO PAT IO PAT IO PAT IO PAT IO PAT IOPATIO 100 101 H IEFGH Page 68 of 80 12/14/2019 architects 7195 Wagner Way, Suite 201 (253) 851-8383 (fax) 851-8395 www.sfaarchitects.com Gig Harbor, WA 98335 SHEET: DATE: Project Number: Project Architect: Staff: File Name: Revisions:     K Snodgrass 1811-c Date: a.1.2 BUILDING E SECOND FLOOR DECK DECK DECK DECKDECK SCALE: 1/8" = 1'-0" DECK Studio ADA Type B DECK Sedgwick Multi-Family 2.0Port Orchard, WA. 9873662000 SE Sedgwick RoadProposed Community Center Building E B C DA I Studio ADA Type AStudio ADA Type B B C D EA FStudio ADA Type B Studio ADA Type B Studio ADA Type B G 1s ADA Type B 1s ADA Type BH IEFGH DECK Page 69 of 80 12/14/2019 architects 7195 Wagner Way, Suite 201 (253) 851-8383 (fax) 851-8395 www.sfaarchitects.com Gig Harbor, WA 98335 SHEET: DATE: Project Number: Project Architect: Staff: File Name: Revisions:     K Snodgrass 1811-c Date: a.1.3 BUILDING E THIRD FLOOR SCALE: 1/8" = 1'-0"Sedgwick Multi-Family 2.0Port Orchard, WA. 9873662000 SE Sedgwick RoadProposed Community Center Building E 302 STAIR 1 DECK DECK DECK 300 301 STORAGE DECK DECK DECKDECK DECK Studio ADA Type B DECK B C DA I Studio ADA Type AStudio ADA Type B B C D EA FStudio ADA Type B Studio ADA Type B Studio ADA Type B G 1s ADA Type B 1s ADA Type BH IEFGH Studio ADA Type B Studio ADA Type B 303 304 305 306 307 308 309 STAIR 2 STAIR 3 DECK Page 70 of 80 LEGAL DESCRIPTION A PORTION OF THE NW 1/4 OF THE NW 1/4 OF SECTION 12, TOWNSHIP 23 N., RANGE 1 E., W.M. CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON Page 71 of 80 This Page Intentionally Left Blank Page 72 of 80 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7E Meeting Date: May 26, 2020 Subject: Adoption of a Resolution Approving a Prepared by: Mark Dorsey, P.E. Contract with Murraysmith, Inc. for the Public Works Director 2020-2021 McCormick Woods Well No. Atty Routing No.: N/A 11 Phase I – Site Improvement Atty Review Date: N/A (Schematic 30% Design) Project Summary: As a function of the 2019-2020 Biennial Budget mid-cycle amendment process, the Ad Ready Design and Engineer’s Estimate for the Well No. 11 Site Improvement Project was identified as a priority task for the Public Works Department. Therefore, on January 31, 2020, the Public Works Department published a Request for Qualifications for the 2020-2021 McCormick Woods Well No. 11 Site Improvement Project Ad Ready Design, Bid Support and Engineer of Record. By the February 14, 2020 deadline, no Statements of Qualification (SOQ) were received. Upon confirmation of the required procurement process given that no responses to the Advertisement were received, the Public Works Department contacted a qualified firm from the current MRSC Roster: Murraysmith, Inc.. On April 13, 2020, a Proposal from Murraysmith, Inc. was received. The City simultaneously analyzed budget and timeline factors, including the current pandemic, and it was decided to implement a phased approach for the Project. Therefore, on May 8, 2020, after having met onsite with Public Works Department staff, Murraysmith, Inc. provided a new Proposal for the 2020-2021 McCormick Woods Well No. 11 Phase I – Site Improvements (Schematic 30% Design) Project in the amount of $94,673. Governor Inslee’s Proclamation 20-28: This item is [check all that apply]: COVID-19 related;  necessary and routine, for the following reasons: This action is time sensitive due to construction timeframes and budget, and supports the continuation of the previously discussed essential and critical water system infrastructure improvement project. Relationship to Comprehensive Plan: Chapter 7 – Utilities Recommendation: Staff recommends adoption of Resolution No. 015-20, thereby approving Contract No. C048-20 with Murraysmith, Inc. for the 2020-2021 McCormick Woods Well No. 11 Phase I – Site Improvements (Schematic 30% Design) Project in the amount of $94,673 and documenting the Professional Services procurement procedures. Motion for Consideration: I move to adopt Resolution No. 015-20, thereby approving Contract No. C048-20 with Murraysmith, Inc. for the 2020-2021 McCormick Woods Well No. 11 Phase I – Site Improvements (Schematic 30% Design) Project in the amount of $94,673 and documenting the Professional Services procurement procedures. Page 73 of 80 Business Item 7E Page 2 of 2 Fiscal Impact: $300,000 of funding allocated via the 2019-2020 Biennial Budget mid-cycle amendment process. Attachments: Resolution 015-20 and Contract No. C048-20 w/ Exhibit A & B (dated May 2020). Page 74 of 80 RESOLUTION NO. 015-20 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO C048-20 WITH MURRAYSMITH, INC. FOR THE 2020-2021 McCORMICK WOODS WELL NO. 11 PHASE I - SITE IMPROVEMENT (SCHEMATIC 30% DESIGN) PROJECT AND DOCUMENTING THE PROFESSIONAL SERVICES PROCUREMENT PROCEDURES. WHEREAS, on January 31, 2020, the City of Port Orchard Public Works Department published a Request for Qualifications (RFQ) for the 2020-2021 McCormick Woods Well No. 11 Site Improvement Project Ad Ready Design, Bid Support & Engineer of Record. By the February 14, 2020 submittal deadline, the City’s Public Works Department received no Statements of Qualification from qualified firms; and WHEREAS, upon confirmation of the required procurement process given that no responses to the RFQ were received, the City’s Public Works Department then directly contacted a qualified firm from the current MRSC Roster, Murraysmith, Inc.; and WHEREAS, on April 13, 2020, the City received a Proposal from Murraysmith, Inc. for the 2020-2021 McCormick Woods Well No. 11 Site Improvement Project Ad Ready Design, Bid Support and Engineer of Record Professional Services; and WHEREAS, due to a number of project unknowns including the budget and timeline due to the current COVID-19 pandemic, the City’s Public Works Department chose to modify the project to implement an initial Phase I (Schematic 30% Design) prior to moving forward with the 100% Ad Ready Design process; and WHEREAS, on May 8, 2020, having met previously to walk the project site with City staff in order to develop a more comprehensive and informative scope and budget, the City received a viable Proposal from Murraysmith, Inc. for the 2020-2021 McCormick Woods Well No. 11 Phase I - Site Improvement (Schematic 30% Design) Project; and WHEREAS, given that the original RFQ was for the larger 2020-2021 McCormick Woods Well No. 11 Site Improvement Project Ad Ready Design, Bid Support & Engineer of Record, the City reserves the right to issue subsequent Contract Phases to Murraysmith, Inc. by addendum; and WHEREAS, on May 12, 2020, Public Works Staff completed the Bidder Responsibility Checklist for Murraysmith, Inc.; 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 herein for this particular contract by Resolution; now, therefore, Page 75 of 80 Resolution No. 015-20 Page 2 of 2 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The Port Orchard City Council approves and authorizes the Mayor to execute Contract No. C048-20 with Murraysmith, Inc. for the 2020-2021 McCormick Woods Well No. 11 Phase I - Site Improvement (Schematic 30% Design) Project. 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 26th day of May 2020. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk Page 76 of 80 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Discussion Item 8A Meeting Date: May 26, 2020 Subject: Furlough Policy Considerations Prepared by: Debbie Lund HR Coordinator Atty Routing No.: N/A Atty Review Date: N/A Summary: In the event that the economic impacts of COVID-19 cause the City to need to implement furloughs for City staff, staff is seeking guidance from the Council on such a policy. The Association of Washington Cities has provided some input and guidance related to furlough policy considerations. That input has been included in the attached draft. Furloughs can be used as an alternative to a layoff. A layoff ends the employment relationship, therefore, resulting in termination of employment. A furlough is a temporary unpaid leave of absence. Furloughs can be scheduled in various ways including 1) full workweek(s), 2) a reduction of weekly work hours, or 3) a set number of days to be taken over the course of several months. All options have their pros and cons and options 2 and 3 pose difficulties for FLSA exempt employees. Both the Fair Labor Standards Act (FLSA) and Washington state law require that exempt employees receive their full wages in a workweek in which they perform work. Therefore, to maintain exempt status, furloughs must be in full workweek increments. A special exemption exists for budget required furloughs that allows a public employer to treat the FLSA exempt employee as an hourly employee for the week in which a furlough day(s) is required. For this period, the employee must take required rest and meal periods and be compensated at time and one-half for any hours worked over 40 during the week. See draft policy 12.4(E)(3). The duration of the furlough will determine whether an employee is eligible to file for unemployment. Because unemployment benefits are determined on a weekly basis, full-time workers whose hours are reduced by one work day each week will likely not be eligible for partial unemployment benefits because they will still earn too much in the week to be eligible. Employees furloughed for full workweeks would likely be eligible and may also qualify for the additional $600 per week under the Federal Pandemic Unemployment Compensation Act through July 31, 2020. Staff is specifically seeking direction as it relates to the following components of the policy. 1. Accrual of other leave benefits while on unpaid furlough. (See draft policy 12.4(D)(2). Page 77 of 80 Discussion Item 8A Page 2 of 2 a. It is staff’s recommendation to treat all unpaid time the same. The current practice is that unpaid time does not count for purposes of leave accruals. 2. Continuation of insurance benefits while on furlough. See draft policy 12.4(D)(3). a. It is staff’s recommendation to continue insurance benefits for an employee on furlough as if the employee were working. The Association of Washington Cities is permitting this continuation of benefits. b. Staff will be inquiring of the Teamster’s Welfare Trust and the LEOFF Trust if such continuation would be permitted under their plans. If benefit continuation was not possible or permitted by policy, a furloughed employee may need to elect COBRA coverage to continue insurance benefits. Staff has also alerted the Police Guilds and Teamsters union of the possibility of this policy. Governor Inslee’s Proclamation 20-28: This item is [check all that apply]: ☒ COVID-19 related; ☐ necessary and routine, for the following reasons: Recommendation: Discuss and provide direction to staff. Relationship to Comprehensive Plan: N/A Fiscal Impact: Salary savings would be achieved as a result of furloughs. The exact amount of savings depends on both the number of positions furloughed and the duration of the furlough. Continuation of insurance benefits reduces the savings to the City but is an otherwise budgeted expense. Alternatives: Provide alternative direction to staff. Attachments: Draft personnel policy 12.4. Page 78 of 80 Contemplated new personnel policy for discussion and guidance 12.4 FURLOUGH Due to the economic impact of unforeseeable events such as COVID-19 (coronavirus), the City may need to implement a mandatory furlough for certain positions. This policy provides general guidelines for identifying the impacted positions and the effect of a furlough on compensation and benefits. A. Key Definitions for this Policy 1. Furlough day – Any day in which a furloughed employee is placed in a temporary status without duties and without pay due to a financial emergency necessitating budget reductions. 2. Furloughed employee – Any employee who is placed in a temporary status without duties and without pay due to a financial emergency necessitating budget reductions. 3. Exempt employee – An employee who is paid on a salaried basis and meets one of the overtime exemptions. 4. Non-exempt employee – An employee who is entitled to overtime. B. Applicability 1. Furlough eligible positions. The City may subject certain positions to a mandatory furlough based upon the needs of the City. Furloughs for full-time employees may be in full workweek or partial workweek increments. Part- time employees will observe the mandatory furlough time on a prorated basis according to their Full Time Equivalent (FTE) status. 2. Length of furlough. The City retains the discretion to implement City-wide furloughs for a defined period of time for identified positions. Alternatively, the City may allow departments to retain the flexibility of determining when employees will be furloughed. This includes implementing a different mandatory furlough schedule for the entire department or staggering delayed mandatory furlough days for furlough-eligible employees. Each department is responsible for establishing methods to ensure furlough days are observed by each furlough-eligible employee. C. Pay Considerations 1. Mandatory furloughs are leave without pay. The terms and conditions describing overtime and compensatory time contained in the applicable City policies and/or collective bargaining agreements will continue to apply for time worked. Mandatory furloughs will not count as hours worked toward the overtime threshold. 2. Overtime is not permitted for the purpose of making up mandatory furlough time. Making up mandatory furlough days does not achieve the financial savings expected with the implementation of this initiative. Page 79 of 80 3. Employees may not substitute paid leave for mandatory furlough days. However, sick leave that is being used for absences related to a Worker’s Compensation injury where the employee is still unable to return to work in a modified duty position will be provided by the City as paid leave for mandatory furlough days, but the employee may be required to observe alternate mandatory furlough day(s) upon return to service. 4. In those cases where an emergency call-out occurs on a mandatory furlough day or during a mandatory furlough week, employees may be called back to work. Such employees are compensated in accordance with the applicable City policies and/or collective bargaining agreements. They may be required to be furloughed at a later pre-determined date. 5. Employees who are on call or stand-by will be compensated in accordance with the applicable City policies and/or collective bargaining agreements if they are called back to work on the day of a mandatory furlough. D. Benefit Considerations 1. Anniversary date. An employee’s anniversary date will not be changed due to mandatory furlough days. 2. Leave accruals. Leave accruals for an employee on an unpaid mandatory furlough will be pro-rated. 3. Insurance benefits. Insurance benefits will be unaffected, when permitted by the insurance broker or carrier, by the mandatory furloughs. The City will continue to pay its portion of the premiums regardless of the furlough. E. Recordkeeping and Payroll Considerations 1. Mandatory furlough days should be recorded as _______. (Note: pending payroll input) 2. For full workweek furloughs. All employees, including FLSA-exempt employees, who are furloughed, are strictly prohibited from working during a furlough. This includes, but is not limited to, checking email, returning telephone calls and performing any work while on furlough. 3. For partial workweek furloughs. All non-exempt employees who are furloughed for a partial workweek are strictly prohibited from working during a furlough. Exempt personnel must a. use their accrued leave during any partial workweek furlough for days in which they are furloughed, or b. be converted to non-exempt during the week in which the furlough occurs. Such employees will be required to track their hours consistent with the requirements of non-exempt employees. During the period when FLSA- exempt employees are converted to non-exempt, they must comply with all recording keeping and wage and hour rules applicable to non-exempt employee (e.g., rest periods and meal periods, leave requests, pre- approval for overtime). Page 80 of 80