08/11/2020 - Regular - PacketCity of Port Orchard Council Meeting Agenda
August 11, 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, 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/87209344935
Zoom Meeting ID: 872 0934 4935
Zoom Call-In: 1 253 215 8782
1.CALL TO ORDER
A.Pledge of Allegiance
2.APPROVAL OF AGENDA
3.CITIZENS COMMENTS
(Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a
Public Hearing. When recognized by the Mayor, please state your name for the official record)
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 July 21, 2020, Council Work Study Meeting Minutes
Page 3
D.Approval of July 28, 2020, Council Meeting Minutes Page 6
5.PRESENTATION
6.PUBLIC HEARING
7.BUSINESS ITEMS
A.Adoption of an Ordinance Accepting a Cash Donation from Rotary Club
of South Kitsap for Etta Turner Park (Crocker) Page 12
B.Adoption of an Ordinance Amending Port Orchard Municipal Code
Chapter 20.68 Accessory Dwelling Units (Bond) Page 16
Mayor:
Rob Putaansuu
Administrative Official
Councilmembers:
Bek Ashby
Finance Committee
Economic Development & Tourism Committee
Transportation Committee, Chair
KRCC/KRCC PlanPol-alt /KRCC TransPol
PSRC-alt/PSRC TransPOL-Alt/PRTPO
Shawn Cucciardi
Finance Committee
E/D & Tourism Committee, Chair
Kitsap Economic Development Alliance
Fred Chang
Economic Development & Tourism Committee
Land Use Committee
Jay 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
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.
August 11, 2020, Meeting Agenda Page 2 of 2
C.Approval of Amending Personnel Policy 4.2 and Adopt Personnel Policy 4.8 Related to Telecommuting
(Lund) Page 29
8.DISCUSSION ITEMS (No Action to be Taken)
9.REPORTS OF COUNCIL COMMITTEES
10.REPORT OF MAYOR
11.REPORT OF DEPARTMENT HEADS
12.CITIZEN COMMENTS
(Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state
your name for the official record)
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 Location
Finance Remote Access
Economic Development and Tourism Remote Access
Utilities Remote Access
Sewer Advisory TBD
Land Use Remote Access
Transportation Remote Access
Lodging Tax Advisory TBD
Festival of Chimes & Lights Remote Access
Outside Agency Committees
Date & Time
August 11, 2020; 5:00pm - 2nd
Tuesday of each month
August 10, 2020; 9:30am - 2nd
Monday of each month
August 18, 2020; 5:00pm - 3rd
Tuesday of each month
September 16, 2020; 6:30pm
August 24, 2020; 9:30am
August 17, 2020; 9:30am
October, 2020
August 17, 2020; 3:30pm - 3rd
Monday of each month
Varies Varies
CITY COUNCIL GOOD OF THE ORDER
City of Port Orchard
Council Meeting Minutes
Work Study Session Meeting of July 21, 2020
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, Utility Manager Jacki Brown,
Community Development Director Bond, Finance Director Crocker, City Attorney Archer, Police Chief
Brown, and City Clerk Rinearson.
Mayor Putaansuu said pursuant to the Governor’s “Stay Home - Stay Safe” Order, the City will
conduct the meeting through Zoom.
Pledge of Allegiance
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
1. Sanitary Sewer Capital Facility Charges (CFC’s)
Public Works Director Dorsey spoke about sewer CFC charges as they relate to the recent modeling
and activity in Basin 7, which is the Sedgwick/Sidney area. This is an opportunity to look at the Capital
Improvement Plan (CIP) and to ensure we have the ability for developers to potentially get credits.
Utility Manager Brown said this will also pave the way for us, or developers, to do these projects
through Department of Ecology with blanket approval rather than having to go through approval for
each one.
Katy Isaksen with Katy Isaksen & Associates, provided a presentation on the Sewer CFC’s and
provided an update, which included the previous CFC update; current CFC update; capital facility
Page 3 of 38
Minutes of July 21, 2020
Page 2 of 3
charges; existing City sewer facilities; six-year sewer improvement projects; CFC alternatives; CFC
with existing, future & 50% allowable interest; recommended sewer CFC; future updates; next steps;
and sustainable utilities.
Discussions were held regarding the presentation, including interest on facilities and interest rates;
cash flows; appreciation charges; current and future developments; financial modeling; project
projections; and ERU analysis.
Council Direction: No direction was given.
2. Community Event Center - Contract with Rice Fergus Miller and Amendment to Interlocal
Agreement
Mayor Putaansuu noted the City went through a process to select a firm to help with outreach and
confirm, or select, a site for the community event center and to get a partial design.
Community Development Director Bond discussed the proposed contract with Rice Fergus Miller and
noted changes to some of the indemnification language. The contract includes a cost estimate for
the first phase of the project of $400,000; a project schedule; and scope of work. This is the first
piece of a larger contract.
Steve Rice and Lori Limson Cook with Rice Fergus Miller discussed the scope of work and project
schedule which included site selection and conceptual and schematic design.
Mayor Putaansuu said there is a meeting next week with the PFD [Public Facilities District] in hopes
they approve the amendment to the ILA [Interlocal Agreement].
Finance Director Crocker discussed the proposed changes to the contract with the PFD.
Council Direction: No direction was given.
3. Kitsap Transit SR-16 Park and Ride Study
Councilmember Clauson noted he is a Kitsap Transit employee, but as tonight is discussion only, he
asked the City Attorney if he could still stay and listen.
City Attorney Archer had no objections.
Community Development Director Bond introduced Ed Coviello and Steffani Lillie with Kitsap Transit,
and Sandy Glover with Parametrix, who has been hired by Kitsap Transit to do the study.
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Minutes of July 21, 2020
Page 3 of 3
Ed Coviello provided a presentation, which included a need for more parking in South Kitsap; study
locations from Tremont down to the county line; project priority to reduce congestion in downtown
Port Orchard; stakeholders; evaluation criteria; screening; evaluation of 4 sites; major differences
between sites; online open house; and next steps.
Discussions were held regarding the presentation; public participation study; current park and ride
locations and capacity; and funding.
Council Direction: No direction was given.
4. Council 2021-2022 Budget Kickoff
Finance Director Crocker said this is a continuation of the budget kickoff discussion from last week
and spoke about the financial implications of the reserve policies; working capital funds; and
stabilization funds.
Discussions were held regarding the policies; city hall updates; and salary surveys.
When asked by Finance Director Crocker, the Council indicated they had no objection to him moving
forward with what was presented.
Council Direction: No direction was given.
GOOD OF THE ORDER
Mayor Putaansuu reported on the current COVID-19 situation in Kitsap County and August council
meeting schedule.
ADJOURNMENT
The meeting adjourned at 8:39 p.m. No other action was taken. Audio/Visual was successful.
Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor
Page 5 of 38
City of Port Orchard
Council Meeting Minutes
Regular Meeting of July 28, 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, Community Development Director
Bond, City Attorney Archer, Police Chief Brown, and Deputy City Clerk Floyd.
Mayor Putaansuu stated pursuant to the Governor’s Stay at Home, Stay Safe order, the City Council
will be conducting the meeting via Zoom.
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 Clauson, to approve the
agenda as presented.
The motion carried.
3. CITIZENS COMMENTS
There were no citizen comments.
4. CONSENT AGENDA
A. Approval of Voucher Nos. 80054 through 80094 and 80102 through 80161, including bank drafts
in the amount of $703,776.92 and EFT’s in the amount of $0 totaling $703,776.92.
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Minutes of July 28, 2020
Page 2 of 6
B. Approval of Payroll Check Nos. 80095 through 80101 including bank drafts and EFT’s in the
amount of $229,967.65; and Direct Deposits in the amount of $173,155.36 totaling $403,123.01.
C. Approval of the July 14, 2020, 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
There were no public hearings.
7. BUSINESS ITEMS
A. Approval of Amendment No. 1 to Contract No. 082-19 with the Kitsap Public Facilities District
for the South Kitsap Community Event Center
Councilmember Cucciardi noted the company he works for provides ongoing support so he will
recuse himself from this issue.
MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to authorize the Mayor
to execute an amended interlocal agreement with the Kitsap Public Facilities District, as presented.
The motion passed. Councilmember Cucciardi was recused.
B. Adoption of a Resolution Approving a Contract with Rice Fergus Miller for the South Kitsap
Community Event Center
Councilmember Ashby noted in Exhibit B, one of the bullets states KRL and she would like Kitsap
Regional Library spelled out; the next bullet states CH, and she would like Columbia Hospitality
spelled out; and under Stakeholders KB and COPO is listed and she would like Kitsap Bank and City
of Port Orchard spelled out.
Community Development Director Bond said they will have Rice Fergus Miller update the contract
before we sign.
Councilmember Cucciardi noted due to his employer, Columbia Hospitality being a party to this, he
will recuse himself from this issue.
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Minutes of July 28, 2020
Page 3 of 6
MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to adopt a Resolution
approving a Contract with Rice Fergus Miller for phase 1 of the South Kitsap Community Events
Center project, in an amount not to exceed $400,000, and documenting the Professional Services
procurement procedures.
The motion passed. Councilmember Cucciardi was recused.
(Resolution No. 032-20 and Contract No. 066-20)
C. Adoption of an Ordinance Authorizing an Additional Building Inspector Position
MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to adopt an ordinance
approving an additional 1.0 FTE Building Inspector position for the Department of Community
Development.
The motion carried.
(Ordinance No. 017-20)
D. Adoption of an Ordinance Approving a Revision to the Corporate Boundary of the City of Port
Orchard Near the Intersection of Anderson Hill Road and Old Clifton Road
MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to adopt an ordinance
to revise the corporate boundary of the City of Port Orchard near the intersection of Anderson Hill
Road and Old Clifton Road.
The motion carried.
(Ordinance No. 018-20)
E. Adoption of an Ordinance Ratifying Use of Video Conferencing and Telephonic Meetings,
and Amending POMC Chapter 2.04.010, Meeting Place
MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to adopt an Ordinance
ratifying the City’s use of video conferencing and telephonic meetings, and amending Port Orchard
Municipal Code Section 2.04.010 to allow this practice to continue where authorized by the Open
Public Meetings Act.
The motion carried.
(Ordinance No. 019-20)
F. Adoption of an Ordinance Ratifying Proclamation and Emergency Order Suspending POMC
Chapter 6.20 Prohibiting Single-Use Plastic Bags
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Minutes of July 28, 2020
Page 4 of 6
MAIN MOTION: By Councilmember Cucciardi, seconded by Councilmember Ashby, to adopt an
Ordinance ratifying the Mayor’s Emergency Proclamation and Temporary Suspension of Chapter
6.20 of the POMC prohibiting single-use plastic bags during the COVID-19 pandemic.
In response to Mayor Putaansuu, City Attorney Archer noted if the proclamation ends in 90 days, we
will have to bring this back again for adoption.
After discussion, City Attorney Archer noted this is not time sensitive so she can take this back and
modify so the Council could suspend Chapter 6.20 of their own accord for any period of time.
AMENDED MOTION: By Councilmember Cucciardi, seconded by Councilmember Ashby, to withdraw
the motion on Business Item 7F.
The amended motion carried.
G. Adoption of a Resolution Approving Amendment No. 3 to Contract No. 054-18 with RH2
Engineering, Inc. for the 80% Marina Pump Station Rebuild Project and Documenting
Procurement Procedures
MOTION: By Councilmember Lucarelli, seconded by Councilmember Chang, to adopt Resolution No.
028-20, thereby approving Amendment No. 3 of Contract No. C054-18 with RH2 Engineering, Inc. for
the Marina Pump Station Rebuild Project (80% Design & Permit Coordination) in an amount not to
exceed $750,000.00 and documenting the Professional Services procurement procedures.
The motion carried.
(Resolution No. 028-20 and Amendment No. 3 to Contract No. 054-18)
H. Adoption of a Resolution Approving a Contract with Goldsmith Land Development Services,
Inc. for the McCormick Ridge Dam Safety Upgrade Project
MOTION: By Councilmember Rosapepe, seconded by Councilmember Diener, to adopt a
Resolution, thereby authorizing the Mayor or designee to execute Contract No. 064-20 With
Goldsmith Land Development Services Inc. for the McCormick Ridge Dam Safety Upgrades Project.
The motion carried.
(Resolution No. 030-20 and Contract No. 064-20)
I. Adoption of a Resolution Approving a Contract with Terra Associates, Inc. for Geotechnical
Assessment of the McCormick Ridge Dam Safety Upgrade Project
MOTION: By Councilmember Chang, seconded by Councilmember Clauson, to adopt a Resolution,
thereby authorizing the Mayor or designee to execute Contract No. 065-20 With Terra Associates
Inc. for the McCormick Ridge Dam Safety Upgrades Project.
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Minutes of July 28, 2020
Page 5 of 6
The motion carried.
(Resolution No. 031-20 and Contract No. 065-20)
J. Adoption of a Resolution Approving the Award of the Low Bidder and Authorize the Mayor
to Execute an Agreement for the City’s Official Newspaper
MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to adopt a resolution
awarding Kitsap Sun as the low bid, based on the single line rate, per day, and authorize the Mayor
to execute an agreement with Kitsap Sun as the City’s Official Newspaper in a form acceptable to the
City Attorney.
The motion carried.
(Resolution No. 033-20 and Contract No. 068-20)
8. DISCUSSION ITEMS (No Action to be Taken)
There were no discussion items.
9. REPORTS OF COUNCIL COMMITTEES
Mayor Putaansuu reported the Finance Committee is scheduled to meet August 11th.
Councilmember Lucarelli reported on the July 21st Utilities Committee meeting. The next meeting is
scheduled for August 18th. The Sewer Advisory Committee is scheduled to meet in September. She
also reported on the July 20th Festival of Chimes & Lights meeting.
Councilmember Ashby reported the Transportation Committee is scheduled to meet August 17th.
Councilmember Diener reported the Land Use Committee is scheduled to meet August 24th.
Mayor Putaansuu reported on the Public Health Board and updates on COVID-19, and Association of
Washington and the Maritime Washington National Heritage Steering Committee.
10. REPORT OF MAYOR
The Mayor reported on the following:
• August Council meetings;
• Sales tax numbers for May;
• Planning Commissioner attendance;
• Port Orchard Cares grant training and Review Committee;
• Sewer capital facility charges;
• Blackjack Creek cleanup video;
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Minutes of July 28, 2020
Page 6 of 6
• Etta Turner Park improvements; and
• Docking station updates.
11. REPORT OF DEPARTMENT HEADS
Police Chief Brown reported they are starting their accreditation process and will have more
significant announcements in the coming months.
Mayor Putaansuu thanked staff for working hard on updating the City’s website.
12. CITIZEN COMMENTS
There were no citizen comments.
13. EXECUTIVE SESSION
There was no executive session.
14. ADJOURNMENT
The meeting adjourned at 7:41 p.m. No other action was taken. Audio/Visual was successful.
Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor
Page 11 of 38
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: August 11, 2020
Subject: Adoption of an Ordinance Accepting a Cash Prepared by: Noah Crocker
Donation from Rotary Club of South Kitsap for Finance Director
Etta Turner Park Atty Routing No.: Finance – Matter 7
Atty Review Date: August 5, 2020
Summary: Per RCW 35.21.100, the City Council may accept donations of money or property by ordinance,
and to acquiesce to any lawful terms or conditions imposed by the donor for the use of the money or
property in the ordinance. Similarly, per Port Orchard Municipal Code 3.90.030, all monetary and
nonmonetary donations with a current value greater than $5,000 must be approved by the city council prior
to acceptance.
The Rotary Club of South Kitsap desires to donate $15,000 to the City for the purposes of improving the Etta
Turner Memorial Park.
Additionally, during the mid-year review the City amended the biennial budget to contribute $25,000 of
Recreation Reserve funding to the Capital Construction fund for the Etta Turner Park improvements. With
the acceptance of the $15,000, and the authorized $25,000, there will be $40,000 available for the park
improvements. A future budget amendment may be required to spend the full $40,000 of funding.
Recommendation: Staff recommends the Council adopt the ordinance accepting the donation in the amount
of $15,000 from the Rotary Club of South Kitsap for the purposes of improving the Etta Turner Memorial
Park.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to adopt an Ordinance accepting a donation in the amount of $15,000
from the Rotary Club of South Kitsap for the purposes of improving the Etta Turner Memorial Park.
Fiscal Impact: $15,000
Alternatives: Do not approve ordinance and provide alternative guidance.
Attachments: Ordinance and letter to the City.
Page 12 of 38
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ACCEPTING A DONATION OF $15,000 FROM ROTARY CLUB OF
SOUTH KITSAP FOR ETTA TURNER MEMORIAL PARK
IMPROVEMENTS; ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, RCW 35.21.100 authorizes the City Council to accept donations by ordinance
and to execute any lawful terms or conditions associated therewith; and
WHEREAS, Rotary Club of South Kitsap desires to donate $15,000 to the City for the
purposes of improving the Etta Turner Memorial Park; and
WHEREAS, the Council desires to accept the donation, and accepts the terms and
conditions he has placed on the City’s use of the donation; 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. Acceptance of Donation. The City Council hereby accepts the donation in
the amount of $15,000 from the Rotary Club of South Kitsap for the purpose of improving the
Etta Turner Memorial Park. The Mayor is instructed to take all necessary actions consistent with
this acceptance.
SECTION 3. 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 4. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall
not affect the validity of the remaining parts of this ordinance.
SECTION 5. 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.
Page 13 of 38
Ordinance No. _______
Page 2 of 2
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 August 2020.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: SPONSORED BY:
Charlotte A. Archer, City Attorney John Clauson, Councilmember
PUBLISHED:
EFFECTIVE DATE:
Page 14 of 38
Rotary Club of South KitsaP
'servlce Ahove Self
Club Est. t996
December L7,2019
Mayor Rob Putaansuu
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Dear Mayor Putaansuu:
This letter is written to inform you of the Rotary Club of South Kitsap's commitment to
partner with the ci.ty in the updating ofEtta Turner Memorial Park. The Rotary Club of
South Kitsap has agreed to fundraise and commit to a $15,000.00 donation to the
completion of this project.
It is our hope that this project will commence in the spring of 2020.
The Rotary Club of South Kitsap would like to ask that the crty provide us with a cunent
projected timeline arrd scope of work so that we can update our members and begin the
grant application process with Rotary to help fund our monitory commitrnent. I do want
the city to know that regardless determination of our grant request to Rotary, the Rotary
Club of South Kitsap is committed to the completion of this project.
Please send your questions and communications to past club Presidents Mark Trenary and
Chris Bock, who are the main point of contacts for this project and can be contacted via
ernail at and
Singqely,Mrfu*r*
President
Rota4/ Club of South KitsaP
Page 15 of 38
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: August 11, 2020
Subject: Adoption of an Ordinance Amending Port Prepared by: Nicholas Bond
Orchard Municipal Code Chapter 20.68 DCD Director
Accessory Dwelling Units Atty Routing No: Development-Matter 11
Atty Review Date: July 28, 2020
Summary: In March 2019, the City Council adopted Ordinance 011-19, which created Chapter 20.68 POMC (Accessory
Dwelling Units), to provide requirements for permit submittal, review criteria and conditions for approval of accessory
dwelling units (ADUs). The City has now had a year of implementing this code, and after receiving feedback and
suggestions for improvements from the City Council and the public, staff has prepared several clarifications and
revisions to Chapter 20.68. These changes are intended to promote and assist the development of ADUs within a
neighborhood, by removing potential hardships and obstacles to ADU development, while continuing to protect
neighboring properties.
The proposed changes include:
• A new section is added to 20.68.100 to clarify that only one ADU is permitted on one lot.
• Section 20.68.100(4) is revised to clarify that although a property owner must maintain his/her legal residence
in either the primary unit or the ADU for at least six months of the year, and the owner may not rent out both
units at one time, the property owner may rent out a room(s) in his/her legal residence (i.e. have a roommate)
while also renting out the ADU. (The change as proposed, however, would not prevent a property owner from
leaving the property for up to six months, with the primary unit occupied by a roommate and the ADU
occupied by a renter.)
• Section 20.68.100(9), which prevented a property owner from having separate utility meters and billing for
the ADU, has been removed.
• Section 20.68.110(6) is revised to clarify that lot coverage calculation for a property with an ADU is required to
include all buildings, including the ADU, the primary building(s), and accessory buildings. When an ADU is
proposed, accessory buildings must meet the required setbacks for the relevant zone and building type.
• Section 20.68.110(10), which prohibited accessory buildings over 200 sq ft, has been removed.
Recommendation: Staff recommends that the City Council adopt an ordinance amending the accessory dwelling units
code in POMC Chapter 20.68, as presented.
Relationship to Comprehensive Plan:
• Policy LU-1 Ensure that land use and zoning regulations maintain and enhance existing single-family
residential neighborhoods, while encouraging that new development provides a mixed range of housing
types.
• Policy LU-8 Provide a variety of housing types and employment opportunities that meet the needs of
diverse socioeconomic interests.
Page 16 of 38
Staff Report 7B
Page 2 of 2
• Policy HS-2 Support the development of a variety of housing types, including apartments, townhomes,
mixed-use (residential and other uses) and live-work development, small-lot and zero lot line single-family
homes, and manufactured homes, as well as traditional single-family homes, through innovative planning,
efficient and effective administration of land and building codes, and, where available, applicable financial
assistance.
• Policy HS-4 Adopt zoning and development regulations that will have the effect of minimizing housing
costs and maximizing housing options.
• Policy HS-15 Allow the development of residential accessory dwelling units (ADUs) and detached accessory
dwelling units (DADUs) in appropriate residential areas with sufficient public facilities to adequately serve
additional residents.
Motion for consideration: “I move to adopt an ordinance amending the accessory dwelling units code in POMC
Chapter 20.68, as presented.
Fiscal Impact: None
Alternatives: Do not adopt the ordinance; revise the ordinance.
Attachments: Redline Code Changes; Ordinance.
Page 17 of 38
1
TITLE 20 POMC
PROPOSED REVISIONS TO CHAPTER 20.68
ACCESSORY DWELLING UNITS
SHOWN AS RED STRIKEOUT/UNDERLINE PER SECTION
August 2020
-----------------------------------------------------------------------------------------------------------------------------
20.68.100 General Requirements
ADUs shall be subject to the following requirements, which shall not be subject to a variance:
(1) ADU permits may only be issued for a legal lot of record zoned for single-family use
containing not more than one single-family dwelling.
(2) Number of ADUs per Lot. No more than one ADU, whether an accessory apartment (attached
dwelling) or a backyard cottage dwelling, shall be permitted on one lot.
(3) Occupancy. The maximum number of occupants in any ADU shall be four persons. Maximum
occupancy may be further limited by Section 1004 (Occupant Load) of the International Building
Code.
(4) Composition. The ADU shall include facilities for cooking, living, sanitation, and sleeping.
(5) Ownership and Occupancy. The property owner must maintain his or her occupancy in the
main residence or the ADU. For the purposes of this chapter, “occupancy” means that the
property owner, as reflected in title records, makes his or her legal residence at the site, as
evidenced by property tax, voter registration, vehicle registration, or similar means, and
actually resides at the site more than six months out of any given year, and at no time receives
rents both units for the owner-occupied unit. Owners shall record a notice on title, as approved
by the city, which attests to their occupancy and attests that, at no time, shall they receive rent
for both units for the owner-occupied unit. Falsely attesting owner-residency shall be a gross
misdemeanor subject to a fine not to exceed $5,000, including all statutory costs, assessments,
and fees. In addition, ADUs shall not be subdivided or otherwise segregated in ownership from
the main building. Nothing in this chapter shall be interpreted as prohibiting a property owner
from renting out a room or rooms in their legal residence of occupancy (main residence or
ADU) to another resident or resident, or from collecting rent from a roommate, as long as the
property owner continues to maintain occupancy according to the terms of this subsection.
(6) Parking. No off-street parking is required for the ADU; provided, that the minimum required
off-street parking per Chapter 20.124 POMC for the primary use (single-family residence,
commercial or industrial development) is met on the lot or if on-street parking is provided on
Page 18 of 38
2
both sides of the street(s) abutting the lot. One parking stall shall be provided per ADU if either
of the preceding conditions is not satisfied. If additional ADU parking is provided, parking for a
commercial or industrial ADU shall be located in the rear portion of the lot and shall not be
accessed from the front if suitable access to the rear is available, such as an abutting right-of-
way that is or can practicably be developed. Driveways shall comply with the vehicular access
and driveway standards in the city’s development guidelines.
(7) Home Businesses and Occupations. Home businesses and occupations shall be allowed,
subject to existing regulations. However, for residential ADUs if both the main residence and
the ADU contain home businesses, only one of the two is permitted to receive customers on
the premises.
(8) Short-Term Rental. The use of an ADU as a short-term rental shall be allowed, subject to
compliance with the bed and breakfast regulations in POMC 20.39.345.
(9) Legalization of Nonconforming ADUs. Existing ADUs that are made nonconforming by this
ordinance, or ADUs legally existing prior to the enactment of these requirements, may be
maintained as a legal nonconforming use in accordance with Chapter 20.54 POMC.
(9) Utilities. An ADU must be connected to the utilities of the main residence, or the associated
commercial or industrial development, and may not have separately billed services, with the
exception of telephone and cable television or internet.
-------------------------------------------------------------------------------------------------------------------------------
20.68.110 Bulk, Location and Design Requirements
(1) In commercial or industrial developments, detached ADUs are not allowed, and the ADU
shall be located on or above the second floor of the building in which it is located.
(2) For attached ADUs, the lot must meet the minimum lot dimensional and size requirements
of the applicable zoning designation. Attached ADUs that do not increase the building envelope
of an existing residential structure are exempt from this requirement.
(3) Size. For backyard cottage detached ADUs, refer to POMC 20.32.030. For an attached
apartment ADU that is accessory to a detached residential dwelling, the ADU shall not exceed
40 percent of the total square footage of the residential dwelling and the ADU combined, after
modification or construction, or 1,000 square feet, whichever is greater. For an attached
apartment that is accessory to a commercial or industrial use, the ADU shall not exceed 1,000
square feet.
(4) Height. For a backyard cottage detached ADU, refer to POMC 20.32.030. For an attached
apartment that is accessory to a commercial or industrial use, refer to the appropriate building
type in Chapter 20.32 POMC.
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3
(5) Location. A backyard cottage ADU shall be permitted as a second dwelling unit accessory to
a detached dwelling unit and shall be located in the rear yard, in accordance with
POMC 20.32.030. An accessory apartment ADU shall be permitted within a detached residential
dwelling, or within a commercial or industrial building.
(6) Setbacks and Lot Coverage. For a backyard cottage ADU, refer to POMC 20.32.030. For an
attached apartment that is accessory to a commercial or industrial use, refer to the appropriate
building type in Chapter 20.32 POMC. The calculation of lot coverage shall include all buildings
on the lot or site, including the ADU, the primary single-family dwelling (for residential
properties), and accessory buildings. Existing and future accessory buildings, including an ADU,
must meet required setbacks for the relevant zone and accessory building type.
(7) Design – Attached ADUs. An attached ADU shall be designed to maintain the architectural
design, style, appearance, and character of the main building as a single-family residence. If an
attached ADU extends beyond the current footprint or existing height of the main building,
such an addition must be consistent with the existing facade, roof pitch, siding, and windows.
Any exterior modification or addition to a single-family residence shall comply with the design
standards in Chapter 20.139 POMC. Additionally, only one entrance is permitted to be located
in the front facade of the dwelling. If a separate outside entrance is necessary for an attached
ADU, it must be located either off the rear or side of the main building. Such entrance must not
be visible from the same view of the building which encompasses the main entrance to the
building and must provide a measure of visual privacy.
(8) Design – Attached ADUs Associated with a Commercial or Industrial Development. The ADU
shall be part of an overall site and building design that complies with the requirements of
Chapter 20.127 POMC (Design Standards), and shall be reviewed in conjunction with the
underlying land use or building permit.
(9) Design – Detached ADUs. A detached ADU shall be designed to complement the
architectural design, style, appearance, and character of the main building by utilizing
complementary colors and finish materials, window styles, and roof design to the main
building. The entrance door to a detached ADU shall not face the same property line as the
entrance door to the main building except when the entrance door to the ADU is located
behind the rear wall of the main building.
(10) Other Accessory Buildings. The detached ADU structure shall be the only accessory building
allowed on the parcel, although it can be integrated into a structure that includes a garage or
other nonhabitable space. Accessory buildings under 200 square feet in size may be exempted
from this restriction; provided, that such buildings meet the relevant zoning requirements for
height, setbacks and maximum lot coverage.
(11) Walkways. For ADUs with a separate exterior entrance, a pedestrian walkway shall be
provided between the ADU and the nearest sidewalk, or where no sidewalk exists, the nearest
street right-of-way. The walkway shall be composed of materials that are distinct from any
adjacent vehicle driving or parking surfaces. The walkway may function as a shared
Page 20 of 38
4
pedestrian/vehicle space; provided, that it is constructed of distinct materials, is located along
an exterior edge of a driving surface, and vehicles are not permitted to park on the walkway so
that pedestrian use is hindered or prevented.
Page 21 of 38
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING
CHAPTER 20.68 (ACCESSORY DWELLING UNITS) OF THE PORT ORCHARD
MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Title 20 (Unified Development Code) of the Port Orchard Municipal Code
(POMC) was adopted on June 13, 2017 (Ordinance 019-17); and
WHEREAS, on March 12, 2019, the City Council approved Ordinance 011-19, which
created Chapter 20.68 POMC, Accessory Dwelling Units, to provide requirements for permit
submittal, review criteria and conditions for approval of accessory dwelling units; and
WHEREAS, the City Council wishes to adopt clarifications and revisions to Chapter 20.68
to promote and assist the development of accessory dwelling units, and staff has prepared
revisions as directed; and
WHEREAS, on June 30, 2020, the City submitted to the Department of Commerce a 60-
day request for review of the proposed revisions to Chapter 20.68; and
WHEREAS, on July 17, 2020, the City’s SEPA official issued a determination of non-
significance for the proposed revisions to Chapter 20.68, and there have been no appeals;
and
WHEREAS, on August 3, 2020, the City Council’s Land Use Committee reviewed the
revisions to Chapter 20.68, and recommended that they be forwarded to the full City
Council for review and approval; and
WHEREAS, on August 4, 2020, the City’s Planning Commission held a duly-noticed public
hearing on the proposed revisions to Chapter 20.68, and the Planning Commission
recommended approval of the proposed revisions; 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. Chapter 20.68 of the Port Orchard Municipal Code is hereby amended to read
as follows:
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Ordinance No. ___
Page 2 of 7
Chapter 20.68
ACCESSORY DWELLING UNITS
Sections:
20.68.010 Accessory dwelling units – Defined.
20.68.020 Accessory dwelling units – Purpose.
20.68.030 Accessory dwelling units – Decision type.
20.68.040 Accessory dwelling units – Administration.
20.68.050 Accessory dwelling units – Property ownership.
20.68.060 Accessory dwelling units – Commercial and industrial development – Code
applicability.
20.68.070 Accessory dwelling units – Application procedures.
20.68.080 Inspection.
20.68.090 Violations.
20.68.100 General requirements.
20.68.110 Bulk, location and design requirements.
20.68.010 Accessory dwelling units – Defined.
An accessory dwelling unit is a separate, complete dwelling unit associated with, attached
to or contained within the structure of the primary home or use. An ADU may be either
an accessory apartment (attached dwelling) or a backyard cottage dwelling.
20.68.020 Accessory dwelling units – Purpose.
(1) Intent. Accessory dwelling units (hereinafter referred to as “ADUs”) are intended to:
(a) Provide homeowners with a means of providing for companionship and security.
(b) Add affordable units to the existing housing supply.
(c) Make housing units within the city available to moderate income people.
(d) Provide an increased choice of housing that responds to changing needs, lifestyles
(e.g., young families, retired), and modern development technology.
(e) Protect neighborhood stability, property values, and the single-family residential
appearance by ensuring that ADUs are installed in a compatible manner under the
conditions of this chapter.
(f) Increase density in order to better utilize existing infrastructure and community
resources and to support public transit and neighborhood retail and commercial services.
(g) Provide a means for commercial and industrial sites to have a resident caretaker or
security officer.
20.68.030 Accessory dwelling units – Decision type.
An ADU permit is a Type I action and shall be reviewed and considered in accordance with
the procedures for such actions as set forth in Subtitle II of this title.
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Ordinance No. ___
Page 3 of 7
20.68.040 Accessory dwelling units – Administration.
The planning director shall have the authority to develop and implement procedures to
administer and enforce this chapter.
20.68.050 Accessory dwelling units – Property ownership.
For the purposes of this chapter, “property owner” and “homeowner” shall mean the
owner of a property according to the title of record, or the beneficiary of a legal trust or
guardianship.
20.68.060 Accessory dwelling units – Commercial and industrial development – Code
applicability.
The following subsections of this chapter do not apply to the construction or
establishment of an ADU that is accessory to a commercial or industrial use:
(1) POMC 20.68.100(1) and (4).
(2) POMC 20.68.110(9) and (10).
20.68.070 Accessory dwelling units – Application procedures.
(1) Procedures. Any property owner seeking to establish an ADU shall apply for approval
in accordance with the following procedures:
(a) Application. Prior to installation of an ADU, the property owner shall apply for an ADU
permit. A complete application shall include a properly completed application form, floor
and structural plans for modification, a site plan if detached structures or an addition are
proposed, and fees as prescribed in subsection (1)(b) of this section.
(b) Fees. Upon sale of the property, the new property owner shall be required to sign a
new affidavit and to register the ADU, paying the applicable fee in accordance with the
city’s adopted fee schedule. If new or upgraded water or sewer connections are required,
water and/or sewer connection fees shall be required in accordance with POMC Title 13.
(c) Accessory Dwelling Unit Agreement. The owner of any property containing an ADU
shall record with the Kitsap County auditor an accessory dwelling unit agreement and
notice to title for the ADU. Such agreement and notice shall be approved by the planning
director, on a form approved by the city council, and shall include as a minimum: (i) the
legal description of the property which has been permitted for the ADU; (ii) affirmation
that the owner shall occupy either the main building or the ADU (unless the ADU is within
a commercial or industrial development), and that the property owner agrees to all
requirements provided in this chapter; and (iii) the conditions necessary to apply the
restrictions and limitations contained in this section.
The property owner shall submit proof that the agreement and notice to title have been
recorded prior to issuance of an ADU permit. The ADU agreement and notice to title shall
run with the land as long as the ADU is maintained on the property. The property owner
may, at any time, apply to the planning director for a termination of the ADU agreement.
Such termination shall be granted upon proof that the ADU no longer exists on the
Page 24 of 38
Ordinance No. ___
Page 4 of 7
property and that a notice to title has been recorded which states that the ADU has been
removed.
(d) Permit. Upon receipt of a complete application, application fees, proof of recorded
accessory dwelling unit agreement, and approval of any necessary building or other
permits, an ADU permit shall be issued.
20.68.080 Inspection.
The city shall inspect the property to confirm that minimum and maximum size limits,
required parking and design standards, and all applicable building, health, safety, energy,
and electrical code standards are met.
20.68.090 Violations.
A violation of this chapter regarding provision of ownership shall be governed by
POMC 20.68.100(4), and a violation of provision of legalization of nonconforming ADUs
shall be governed by POMC 20.68.100(8). Violations of any other city permit or code
requirements shall be governed by Chapter 20.02 POMC.
20.68.100 General requirements.
ADUs shall be subject to the following requirements, which shall not be subject to a
variance:
(1) ADU permits may only be issued for a legal lot of record zoned for single-family use
containing not more than one single-family dwelling.
(2) Number of ADUs per Lot. No more than one ADU, whether an accessory apartment
(attached dwelling) or a backyard cottage dwelling, shall be permitted on one lot.
(3) Occupancy. The maximum number of occupants in any ADU shall be four persons.
Maximum occupancy may be further limited by Section 1004 (Occupant Load) of the
International Building Code.
(4) Composition. The ADU shall include facilities for cooking, living, sanitation, and
sleeping.
(5) Ownership and Occupancy. The property owner must maintain his or her occupancy
in the main residence or the ADU. For the purposes of this chapter, “occupancy” means
that the property owner, as reflected in title records, makes his or her legal residence at
the site, as evidenced by property tax, voter registration, vehicle registration, or similar
means, and actually resides at the site more than six months out of any given year, and
at no time rents both units. Owners shall record a notice on title, as approved by the city,
which attests to their occupancy and attests that, at no time, shall they rent both units.
Falsely attesting owner-residency shall be a gross misdemeanor subject to a fine not to
exceed $5,000, including all statutory costs, assessments, and fees. In addition, ADUs shall
not be subdivided or otherwise segregated in ownership from the main building. Nothing
in this chapter shall be interpreted as prohibiting a property owner from renting out a
room or rooms in their legal residence of occupancy (main residence or ADU) to another
Page 25 of 38
Ordinance No. ___
Page 5 of 7
resident or resident, or from collecting rent from a roommate, as long as the property
owner continues to maintain occupancy according to the terms of this subsection.
(6) Parking. No off-street parking is required for the ADU; provided, that the minimum
required off-street parking per Chapter 20.124 POMC for the primary use (single-family
residence, commercial or industrial development) is met on the lot or if on-street parking
is provided on both sides of the street(s) abutting the lot. One parking stall shall be
provided per ADU if either of the preceding conditions is not satisfied. If additional ADU
parking is provided, parking for a commercial or industrial ADU shall be located in the rear
portion of the lot and shall not be accessed from the front if suitable access to the rear is
available, such as an abutting right-of-way that is or can practicably be developed.
Driveways shall comply with the vehicular access and driveway standards in the city’s
development guidelines.
(7) Home Businesses and Occupations. Home businesses and occupations shall be
allowed, subject to existing regulations. However, if both the main residence and the ADU
contain home businesses, only one of the two is permitted to receive customers on the
premises.
(8) Short-Term Rental. The use of an ADU as a short-term rental shall be allowed, subject
to compliance with the vacation rental and bed and breakfast regulations in POMC
20.39.345.
(9) Legalization of Nonconforming ADUs. Existing ADUs that are made nonconforming by
this ordinance, or ADUs legally existing prior to the enactment of these requirements,
may be maintained as a legal nonconforming use in accordance with Chapter 20.54
POMC.
20.68.110 Bulk, location and design requirements.
(1) In commercial or industrial developments, detached ADUs are not allowed, and the
ADU shall be located on or above the second floor of the building in which it is located.
(2) For attached ADUs, the lot must meet the minimum lot dimensional and size
requirements of the applicable zoning designation. Attached ADUs that do not increase
the building envelope of an existing residential structure are exempt from this
requirement.
(3) Size. For detached ADUs, refer to POMC 20.32.030, Backyard Cottage. For an attached
ADU that is accessory to a detached residential dwelling, the ADU shall not exceed 40
percent of the total square footage of the residential dwelling and the ADU combined,
after modification or construction, or 1,000 square feet, whichever is greater. For an
attached ADU that is accessory to a commercial or industrial use, the ADU shall not exceed
1,000 square feet.
(4) Height. For a detached ADU, refer to POMC 20.32.030, Backyard Cottage. For an
attached ADU that is accessory to a commercial or industrial use, refer to the appropriate
building type in Chapter 20.32 POMC.
Page 26 of 38
Ordinance No. ___
Page 6 of 7
(5) Location. A detached ADU shall be permitted as a second dwelling unit accessory to a
detached dwelling unit and shall be located in the rear yard, in accordance with POMC
20.32.030, Backyard Cottage. An accessory ADU shall be permitted within a detached
residential dwelling, or within a commercial or industrial building.
(6) Setbacks and Lot Coverage. For a detached ADU, refer to POMC 20.32.030, Backyard
Cottage. For an attached ADU that is accessory to a commercial or industrial use, refer to
the appropriate building type in Chapter 20.32 POMC. The calculation of lot coverage shall
include all buildings on the lot or site, including the ADU, the primary single-family
dwelling (for residential properties), and accessory buildings. Existing and future
accessory buildings, including an ADU, must meet required setbacks for the relevant zone
and building type.
(7) Design – Attached ADUs. An attached ADU shall be designed to maintain the
architectural design, style, appearance, and character of the main building as a single-
family residence. If an attached ADU extends beyond the current footprint or existing
height of the main building, such an addition must be consistent with the existing facade,
roof pitch, siding, and windows. Any exterior modification or addition to a single-family
residence shall comply with the design standards in Chapter 20.139 POMC. Additionally,
only one entrance is permitted to be located in the front facade of the dwelling. If a
separate outside entrance is necessary for an attached ADU, it must be located either off
the rear or side of the main building. Such entrance must not be visible from the same
view of the building which encompasses the main entrance to the building and must
provide a measure of visual privacy.
(8) Design – Attached ADUs Associated with a Commercial or Industrial Development. The
ADU shall be part of an overall site and building design that complies with the
requirements of Chapter 20.127 POMC (Design Standards), and shall be reviewed in
conjunction with the underlying land use or building permit.
(9) Design – Detached ADUs. A detached ADU shall be designed to complement the
architectural design, style, appearance, and character of the main building by utilizing
complementary colors and finish materials, window styles, and roof design to the main
building. The entrance door to a detached ADU shall not face the same property line as
the entrance door to the main building except when the entrance door to the ADU is
located behind the rear wall of the main building. The detached ADU shall also be subject
to the requirements of POMC 20.139, Residential Design Standards.
(10) Walkways. For ADUs with a separate exterior entrance, a pedestrian walkway shall
be provided between the ADU and the nearest sidewalk, or where no sidewalk exists, the
nearest street right-of-way. The walkway shall be composed of materials that are distinct
from any adjacent vehicle driving or parking surfaces. The walkway may function as a
shared pedestrian/vehicle space; provided, that it is constructed of distinct materials, is
located along an exterior edge of a driving surface, and vehicles are not permitted to park
on the walkway so that pedestrian use is hindered or prevented.
Page 27 of 38
Ordinance No. ___
Page 7 of 7
SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of any other
section, sentence, clause or phrase of this ordinance.
SECTION 4. 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 5. 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 11th day of August 2020.
Robert Putaansuu, Mayor
ATTEST:
____________________________
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: Sponsored by:
Charlotte A. Archer, City Attorney Fred Chang, Councilmember
PUBLISHED:
EFFECTIVE DATE:
Page 28 of 38
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: August 11, 2020
Subject: Approval of Amending Personnel Prepared by: Debbie Lund
Policy 4.2 and Adopt Personnel Policy HR Coordinator
4.8 Related to Telecommuting Atty Routing No.: HR – Matter 8
Atty Review Date: August 4, 2020
Summary: Telecommuting was first introduced to some City employees as part of the COVID-19 response
and the Governor’s Stay Home order. To this day, some employees continue to telecommute on a full-
time basis, while others have returned to a combination of telecommute and work in the office, and still
others have returned to the office on a full-time basis. While under this current emergency pandemic
situation, broader telecommuting options are warranted and available for employees and department
directors to accommodate health, childcare, and other COVID-related factors.
In anticipation of the eventual “return to normal business” staff is recommending that the City adopt a
telecommuting policy. This policy would establish parameters for telecommuting and categories of
telecommuting arrangements. Under the proposed policy “routine” telecommuting is permitted for up to
two days a week. Employees telecommuting on a “temporary” basis could do so for more than two days
a week, but for a limited duration.
The proposed policy addresses other relevant issues for telecommuting arrangements, such as pre-
approval and oversight, equipment, supplies, and liability issues. The proposed policy also requires the
development of an application form, which includes the requirement that the employee and/or supervisor
provide a statement of the business needs for the arrangement and a description of the work to be
completed while telecommuting.
City Council, via Resolution No. 007-11, authorizes the Mayor to make amendments to existing City
personnel policies. As a new policy, Personnel Policy 4.8 is being brought to council for consideration.
Personnel Policy 4.2 requires a slight revision to support telecommuting, and that amendment is
included with this proposal as well.
This policy is proposed for non-union employees only. Representatives of the unions were alerted to this
policy on July 29, 2020, as a courtesy.
Recommendation: Adopt the policy as presented.
Relationship to Comprehensive Plan: N/A
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Staff Report 7C
Page 2 of 2
Motion for consideration: I move to amend personnel policy 4.2 and adopt personnel policy 4.8
related to Telecommuting and authorize the Mayor to implement the policies as presented.
Fiscal Impact: None.
Alternatives: Provide alternative direction to staff.
Attachments: Proposed personnel policies 4.2 and 4.8.
Page 30 of 38
Page 1
4.2 ATTENDANCE
Punctual and consistent attendance is a condition of employment and critical to the
efficient operation of the City. Each employee is responsible for maintaining an accurate record of
his/her attendance.
All employees are expected to report to work as scheduled, give their best efforts, and
perform productive work for the City during their scheduled work shifts. Physical attendance at
the City on a regular and consistent basis is considered an essential function of the job for all City
employees. Depending upon the position and the business needs of the department some
employees may apply to work from home in accordance with the City’s Telecommuting Policy.
The flow of City business and services to the public, including our public safety responsibilities,
depend on reliable employees to attend to their assigned duties on a regular basis. This means
that each employee is responsible for being present every scheduled workday at the correct time,
fully able and ready to work.
Absences from work, late arrivals and early departures must be approved by a supervisor
(or a designee) for all hourly (non-exempt) employees. Employees are required to report any such
changes to their supervisor as soon as possible and no later than 30 minutes before the start of
their shift, or when the change is to occur. In situations where an employee is unable to report
the need for time off in advance, the employee must notify his or her supervisor as early as possible
if they are unable to report to work at a scheduled or expected time. Only approved reported
absences will be excused.
Tardiness for work includes any failure to report to or be ready for work at the employee’s
designated starting time for non-exempt employees. Absences during the work day, or handling
personal business during working hours, or neglecting work duties during working hours will all
be treated similarly. Excessive or chronic unauthorized absences or tardiness (as determined in the
City’s discretion) will result in appropriate disciplinary action, up to and including termination of
employment.
An employee who is absent without proper authorization or notification may be considered
to have voluntarily abandoned their job and their employment may be terminated.
Page 31 of 38
Page 2
New Section 4.8
4.8 TELECOMMUTING
Purpose:
Telecommuting is a mutually agreed upon arrangement between the employee and
supervisor, and subject to the approval of the Department Director and the Mayor. Telecommuting
is not an entitlement and in no way changes the terms and conditions of employment.
Telecommuting is only viable in cases where the employee and their supervisor mutually agree
that the characteristics of the job and work style of the employee are well suited to an alternative
work location. Telecommuting may be appropriate for some employees and some duties, but may
not necessarily be viable for every employee or all of their duties.
The City recognizes the value of telecommuting to adequately staff departments to meet
the needs of the citizens under certain circumstances. For example, telecommuting may be used
when insufficient workstations are available, and the need to share workstations (or place them
closer together) may increase the potential for staff working in close proximity to spread of
contagious illness. The City also recognizes the potential benefits that may come from allowing
an employee to work from home when that employee is experiencing temporary or longer-term
extenuating personal circumstances, where a viable amount of work may more easily be performed
away from City premises (this falls outside of ADA- and FMLA-related accommodations).
In accordance with the purpose of this policy and the terms contained herein, the City
includes telecommuting as a work option in management-approved circumstances, for certain
positions. When appropriately applied, telecommuting may allow a more effective use of
workspace, improve productivity for certain jobs/employees, help attract and retain a diverse and
talented workforce, and aid in reducing stress on employees in a variety of ways, including a
reduction in commuting trips to and from work during high volume traffic times as part of the
City’s Commute Trip Reduction efforts.
This policy does not replace nor supersede employee rights in ADA- or FMLA-related
circumstances or other federal and state laws. This policy is in addition to any telework
arrangements as part of the City’s response to a proclamation of emergency or disaster due to a
pandemic.
For the purpose of this section “telecommuting” is a work option in which the employee
works from home (or other approved location) for either a portion of the work week or for the
entire work week, for a specified duration.
A. Requests:
A request for telecommuting may be generated by either the City or the employee.
1. At the City’s Request or Direction – the City may request or direct an employee to
telecommute for reasons including, but not limited to, emergency conditions and
Page 32 of 38
Page 3
workspace constraints. When possible, the City will seek for the telecommuting
arrangement to be by mutual agreement. In this case, no special action is required by
the employee, other than to fill out a Telecommuting Application which is available
from Human Resources.
2. At the Employee’s Request – an eligible employee may request of his/her supervisor
the ability to telecommute by completing a Telecommuting Application.
Telecommuting is not an entitlement. To be eligible, an employee must be
a) In a non-represented (non-union) position,
b) An employee of the City for at least three (3) months, and
c) Not been subject to a Performance Improvement Plan, employment
investigation that resulted in disciplinary action, or any other disciplinary action
involving a written reprimand or greater, either currently or in the previous 12-
month period prior to the telecommuting request, subject to the Mayor’s
discretion.
3. It is strongly suggested that the employee confer with their supervisor before
proceeding with the request, in order that the appropriate criteria may be established
and provided as part of the formal request. The completed Telecommuting Application
shall be signed by the employee and routed for the noted managerial signatures. The
requesting employee’s supervisor will respond to the employee’s request to
telecommute withing five (5) working days of the request by either advancing the
request to the next level or discussing with the employee the reasons why the request
is not approved.
4. When telecommuting is requested by the employee, the City will consider the request
utilizing the following criteria and factors:
a) The needs of the position, department, and the City;
b) The employee’s past and present levels of performance, including trust,
dependability, self-initiative, self-sufficiency and the ability to work
unsupervised;
c) The employee’s attendance record;
d) Whether the employee’s department will be adequately staffed to meet
minimum customer service demands;
e) Whether the employee can participate (even through remote means) in
necessary meetings and communications, including email, during regular City
hours;
f) Whether the performance of the employee’s duties is dependent upon the
location of their workplace; and
g) Whether assigned employee tasks are capable of progress monitoring and
demonstration on a daily or weekly basis.
5. The Mayor or designee reserves and retains the discretion to waive or modify eligibility
criteria and factors depending on individual circumstances.
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6. Exempt employees do not need to complete a Telecommuting Application for
intermittent, irregular telecommuting arrangements that have been approved by their
Department Director. Exempt employees directed to, or requesting to, telecommute for
periods of three (3) or more consecutive working days or more than three (3) days in a
calendar month must apply for the telecommuting arrangement by completing a
Telecommuting Application and obtaining the necessary approvals.
B. Types of Telecommuting Arrangements:
The City may authorize two different telecommuting arrangements—Temporary
Telecommuting and Routine Telecommuting:
1. Temporary Telecommuting – Temporary telecommuting may be granted when the
employee is working on a specific project requiring uninterrupted focus or as a result
of a temporary need or situation, as determined by the Mayor or designee (e.g.,
contagion/pandemic mitigation; recuperation from surgery). The following are the two
types of temporary telecommuting:
a) Temporary Short-term Telecommuting – Applies to situations expected to
be short-term in nature (e.g., two weeks or less), including inclement weather
that would make commuting dangerous when City Hall remains open or for a
work project of limited duration that requires the employee to have
uninterrupted focus. Supervisors may informally approve telecommuting in
advance of these situations, particularly in anticipation of inclement weather or
knowledge of a targeted work project.
Temporary short-term telecommuting situations do not require submission of a
Telecommuting Application if the completion of the application will
unnecessarily prevent the employee from working. In those situations, an email
(whenever practical) prior to commencement of the arrangement from the
supervisor, Department Director, Mayor or Mayor’s designed, will suffice.
b) Temporary Medium-term Telecommuting – Applies to situations not
intended to last as long as a regular work schedule, but longer than two (2)
weeks and up to three (3) months, including but not limited to, a longer-term
work project requiring uninterrupted focus, emergency mitigation, or
recuperation from surgery. Temporary medium-term telecommuting requires
management approval through completion of a Telecommuting Application.
2. Routine Long-term Telecommuting – Routine long-term telecommuting is a
continuous telecommuting request intended as the normal work schedule without an
anticipated end date. Routine long-term telecommuting requires management approval
through completion of a Telecommuting Application. Routine long-term
telecommuting arrangements will be evaluated at least annually. Additionally, either
party, the employee or the City, may revoke or revise the arrangement at any time by
providing the other party with thirty (30) days written notice.
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Employees requesting a routine long-term telecommuting arrangement and who work
an approved alternative work schedule (e.g. 9/80 or 4/10’s, or other arrangement) will
be limited to one (1) day of telecommuting per week. Employees requesting a long-
term telecommuting arrangement who do not work an alternative work schedule will
be limited to two (2) days of telecommuting per week. Exceptions to this may be
approved on a case-by-case basis by the Mayor upon the recommendation of the
Department Director.
C. Telecommuting Application
1. The Telecommuting Application is available from Human Resources and will contain,
at a minimum, the following items:
a) Statement of the business need that necessitates the telecommuting
arrangement,
b) Description of how adequate coverage will be provided on-site,
c) Description of the specific work duties and expectation of deliverables that will
be accomplished during the period of telecommuting,
d) Work schedule including days of week, and for non-exempt employees, the
number of hours a day, and starting and ending time each day,
e) Requirement for communication with the IT department, a minimum of two
weeks in advance, to discuss equipment and software licensing needs, and
f) Signature and approval routing for the following individuals: the employee, the
supervisor, the Department Director, the Mayor or designee.
The completed, signed, and approved Telecommuting Application will be provided to
Human Resources.
2. The Telecommuting Application will also contain the following Conditions of
Telecommuting to which the participating employee must agree.
a) Duties and Responsibilities. The duties, obligations, and responsibilities of an
employee who telecommutes shall remain the same as the employee’s duties,
obligations, and responsibilities prior to telecommuting.
b) Availability. Telecommuters must have access to sufficient internet service (if
required) and be available by telephone, computer, or other electronic
communication during the agreed-upon telecommuter work schedule.
c) City Policies. The City of Port Orchard’s personnel policies remain in effect
for telecommuting work schedules, and telecommuters will adhering to them
accordingly, regardless of their work location.
d) Leave. Leave use on a planned telecommute day will be administered under the
same provisions as leave used from the regular work site.
e) Childcare. Telecommuting is not designed to be a replacement for appropriate
childcare or family care. Although a telecommuter’s schedule may be modified
to accommodate childcare or family care needs, the focus of the arrangement
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must remain on job performance and meeting business demands.
f) Terms of Employment. Salary level and benefits will not change as a result of
an approved Telecommuting Application.
g) Outside Employment. Telecommuter will not conduct unauthorized outside
employment during their agreed-to City telecommuting hours.
h) Visitors. Telecommuter will not have City vendors, contractors, or customers
visit the telecommuter at their alternate work site.
i) Security. Telecommuters will take all precautions necessary to secure
proprietary information at their alternate work site and prevent unauthorized
access to any City information or system from their home.
j) Overtime. For non-exempt employees covered under the Fair Labor Standards
Act, any hours beyond their normal 40-hour weekly work schedule must be
authorized in advance by the employee’s direct supervisor.
k) Public Records Laws. Equipment used for government business purposes but
owned by the telecommuter may be subject to the Public Records Act, Chapter
42.56 RCW, and may be inspected as necessary. Any records produced during
telecommuting are also subject to the Washington State Records Retention
Schedule, Chapter 40.14 RCW.
l) Liability. If City equipment is stolen or damaged while at the telecommuter’s
alternate work site, the telecommuter or the telecommuter’s homeowner’s or
renter’s insurance will be responsible for the loss. The City is not liable, and the
telecommuter agrees to hold the City harmless, for damage to telecommuter’s
real or personal property caused by or arising from an employee’s
telecommuting arrangement.
m) Safety. Telecommute attestation that the alternate work site provides a safe and
healthful work environment, including proper ergonomics. The telecommuter
shall act in a responsible manner to avoid injury. The telecommuter understands
that failure to take proper health and safety precautions in the alternate work
site may result in termination of the Telecommuting Work Schedule Agreement
approval.
n) Workplace Injuries. Injuries sustained by the telecommuter while at their
alternate work site and in conjunction with his or her regular work duties are
normally covered by Workers’ Compensation. Telecommuting employees are
responsible for promptly notifying their supervisor and the personnel manager
of such injuries in the same manner as if the injury occurred at a work location
on the City’s premises. The City is not liable for any injuries sustained by family
members or other visitors to a telecommuter’s alternate work location.
Telecommuters remain liable and will agree to hold the City harmless for
injuries to third parties and/or members of the employees’ families on
employees’ premises. The City is not liable, and telecommuters will agree to
hold the City harmless, for damage to employees’ real or personal property
caused by or arising from an employee’s telecommuting arrangement.
o) Home Office. The telecommuter will establish an appropriate work
environment for work purposes. The City will not be responsible for costs
associated with setup or maintenance of the telecommuter’s alternate work
environment, such as remodeling, furniture, or lighting, nor for repairs or
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modifications to the alternate work environment. Employees will cover all
utility costs incurred while telecommuting, including, but not limited to, any
potential long-distance phone or fax charges.
p) Office Supplies. Office supplies, such as pens, pencils, paper, etc., for use by
the telecommuter only for the performance of City business at their alternate
work site shall be provided by the City.
q) Equipment. If an employee utilizes a laptop at their City worksite, they may
transport it to their alternate work site and utilize that in the performance of
their City-assigned work. A receipt for City property must be completed prior
to the transport of City equipment offsite. If the employee does not have a
laptop, they may be assigned a City-owned laptop for the duration of their
telecommuting, if one is available.
There may be times where the needed equipment presents an unbudgeted or
duplicative cost or requires support that the City cannot provide. If the City
cannot provide or support the needed equipment, the telecommuter may be
approved to use their own equipment to perform City business while
telecommuting. However, the use of a personal computer should be avoided
and only as a last resort. If needing to use a personal computer for
telecommuting purposes, the telecommuter must:
i. acquire the prior approval of their Department Director; and
ii. always access and store City files and documents through remote
control of a City workstation via the City’s VPN (Virtual Private
Network) or other means; and
iii. never store any City documents on their personal computer; and
iv. contact City I.T. staff for any questions related to appropriate work
methods.
If approved to use their personal computer for telecommuting purposes, the
telecommuter is responsible for the purchase, modification, repair and
maintenance of the equipment and software used for telecommuting. The
telecommuter shall only use properly licensed software for City business. In the
event of delay in repair or replacement of equipment used to complete
telecommuting assignments, or any other circumstance under which it would
be impossible for an employee to effectively telecommute, the employee will
return to their City workstation until a functioning alternate work site is
restored.
r) Taxes. Telecommuters agree to be responsible for their own compliance with
tax laws. The City is not responsible for substantiating an employee's claim for
tax deductions for operating a home office. If a telecommuter has questions
concerning whether home office expenses are tax deductible, that telecommuter
should seek advice from their tax consultant.
s) Termination. Acknowledgement that failure to abide by these conditions may
result in immediate termination of the telecommuting arrangement (without the
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thirty (30) day notice provided for in the case of routine long-term
telecommuting) and, if warranted, disciplinary action up to and including
termination of employment.
D. Evaluation and Maintenance
The telecommuting Work Schedule Agreement must be successfully maintained between
the telecommuter and supervisor through, at a minimum:
1. A bulleted list of weekly major work items to be addressed and submitted by the
telecommuter to the supervisor for approval; and
2. Follow-up weekly emails from the telecommuter to the supervisor listing
accomplishments and/or progress for that week.
The above requirements may be altered or expanded upon by the supervisor as the
supervisor deems appropriate to adequately evaluate the telecommuter’s work output or address
changing circumstances. Evidence of such weekly reports may be requested at any time by the
Department Director or Mayor.
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