10/27/2020 - Regular - Packet
City of Port Orchard Council Meeting Agenda
October 27, 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/84226262748
Zoom Meeting ID: 842 2626 2748
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
5. PRESENTATION
A. South Kitsap Community Event Center-Site Section Criteria (Rice Fergus
Miller)
6. PUBLIC HEARING
A. Property Tax Levy and Revenue Sources Current Expense Budget 2021-
2022 and Satisfying the Requirements of RCW 84.55.120 (Crocker) Page
3
7. BUSINESS ITEMS
A. Adoption of an Ordinance Setting the Amount of Property Tax to be
Levied for the Year 2021 Pursuant to RCW 84.55.120 (Crocker) Page 19
B. Adoption of a Substantial Need Ordinance for Property Taxes to be
Levied for the Year 2021 Pursuant to RCW 84.55.0101 (Crocker) Page 23
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, Chair
Utilities/Sewer Advisory Committee
Kitsap Public Health District-alt
Cindy Lucarelli
Festival of Chimes & Lights Committee, Chair
Utilities/Sewer Advisory Committee, Chair
Kitsap Economic Development Alliance
Scott Diener
Land Use Committee, 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.
October 27, 2020, Meeting Agenda Page 2 of 2
C. Adoption of an Ordinance Approving the 2020 Port Orchard Municipal Code Title 20 Unified
Development Code “Housekeeping” Amendments (Bond) Page 27
D. Approval of an Interlocal Agreement with the South Kitsap School District for the School Resource
Officer Program (M. Brown) Page 68
E. Approval of a Memorandum of Understanding with the Police Guild Representing Patrol Regarding
Starting Pay of Lateral Police Officer Applicants (Lund) Page 75
F. Approval of the October 13, 2020, Council Meeting Minutes Page 76
8. DISCUSSION ITEMS (No Action to be Taken)
A. Reservoir Cleaning Video (Dorsey)
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 Date & Time Location
Finance TBD Remote Access
Economic Development and
Tourism
October 26, 2020; 8:00am Remote Access
Utilities November 17, 2020; 5:00pm - 3rd Tuesday of
each month
Remote Access
Sewer Advisory November 18, 2020; 6:30pm Remote Access
Land Use November 4, 2020; 4:30pm Remote Access
Transportation October 27, 2020; 5:00pm; 4th Tuesday of each
month
Remote Access
Lodging Tax Advisory October, 2020 Remote Access
Festival of Chimes & Lights November 2, 2020; 3:30pm Remote Access
Director/Council Budget Meeting October 28, 2020; 8:30am Remote Access
Outside Agency Committees Varies Varies
CITY COUNCIL GOOD OF THE ORDER
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Public Hearing 6A Meeting Date: October 27, 2020
Subject: Property Tax Levy and Revenue Sources Prepared by: Noah D. Crocker
Current Expense Budget 2021-2022 and Finance Director
Satisfying the Requirements of RCW Atty Routing No: Matter 7 -Finance
84.55.120 Atty Review Date: October 16, 2020
Summary: The City legislative body is required to hold a Revenue Sources Public Hearing on current
expense budget revenue sources for the coming year’s budget, including consideration of possible
increases in property tax revenues, per RCW 84.55.120. The hearing is required before the legislative
body votes on a property tax levy for the upcoming year. The deadline for setting the levy for
property tax collection for 2021 is November 30, 2020.
This Hearing is a part of the public process that leads to the adoption of an Ordinance setting the
property tax levy, which is then forwarded to the Kitsap County Assessor along with a Levy
Certification, in order to set the property tax levy for collection in the 2021 tax year.
The Hearing will include a presentation of revenue sources and estimates for 2021-2022. The
Hearing relates to setting the 2021 levy for property tax collection in the first year of the 2021-2022
biennium.
“Current expense budget" means that budget which is primarily funded by taxes and charges and
reflects the provision of ongoing services. It does not mean the capital, enterprise, or special
assessment budgets.
Recommendation: Open and conduct the Public Hearing.
Fiscal Impact: Leads to the setting of the property tax levy for collection in the 2021 tax
year.
Alternatives: None. Required.
Attachments: Revenue Sources Presentation.
Page 3 of 81
City of Port Orchard2021 Revenue Sources PresentationOctober 27, 20201Page 4 of 81
An Overview of the City’s Current Expense and Street BudgetsA Requirement of RCW 84.55.120 Currentexpensebudgetmeansthatbudgetwhichisprimarily funded by taxes and charges and reflects theprovision of ongoing services.Current expense budget does not mean the capital,enterprise, or special assessment budgets.2Page 5 of 81
General Fund 2021-2022 Biennial Budget - Tax Revenue3Retail Sales & Use, 10,575,000Property, 6,110,000Other taxes, 4,173,100 TOTAL TAX REVENUE = $20,858,100Page 6 of 81
General Fund2021‐2022 Biennial Budget Tax Revenue4Budgeted2021 2022Biennium Total% of Budgeted TaxRetail Sales & Use Tax 5,235,000 5,340,000 10,575,000 50.7%Property Tax 3,040,000 3,070,000 6,110,000 29.3%Other taxes Affordable Housing 35,000 35,000 70,000 0.4% Electric 700,000 707,000 1,407,000 6.8% Telephone 260,000 250,000 510,000 2.5% Utilities 514,000 517,600 1,031,600 5.0% Garbage 160,000 161,600 321,600 1.5% TV Cable 90,000 90,900 180,900 0.9% Natural Gas 200,000 200,000 400,000 1.9% Gambling 51,000 51,000 102,000 0.5% Admissions 25,000 35,000 60,000 0.3% Leasehold Excise 45,000 45,000 90,000 0.4%TOTAL 10,355,000 10,503,100 20,858,100 100.00%Page 7 of 81
General Fund 2021-2022 Biennial Budgeted Revenue – All Sources $24,822,1595Page 8 of 81
General Fund2019-2020 Budget vs 2021-2022 BudgetRevenue Comparison6Revenue by Category2019‐2020 Budget2021‐2022 Budget% of Budget Received Sales Tax 10,145,000 10,575,000 4.24% Property Taxes 5,741,000 6,110,000 6.43% Other Taxes 4,593,300 4,173,100 ‐9.15%Tax Revenue 20,479,300 20,858,100 1.85% License & Permits 810,700 963,500 18.85% Intergovernmental Revenue 1,019,800 1,525,300 49.57% Charges for Services 883,500 778,800 ‐11.85% Fines & Penalties 356,000 326,400 ‐8.31% Miscellaneous Revenues 362,300 370,059 2.14%Other Revenues 3,432,300 3,964,059 15.49%Totals 23,911,600 24,822,159 3.81%Page 9 of 81
Property TaxSubstantial Need OrdinanceThis year the Implicit Price Deflator was calculated at 0.602%.This means for the City to levy the full 1% limit it will need to adopt a second, substantial need ordinance, setting the levy limit above the IPD and up to the 1% limit.If the governing board has four member or less, the ordinance must be approved by two‐thirds of the board. If the board has more than four members, a majority plus 1 vote is required.If not passed, districts with a population of 10,000 or greater will be required to use the IPD as their levy limit rather than the 1%.The City has a Substantial Need due to the following:Investments in the street preservation programDeclining Motor Vehicle Fuel Tax for the Street7Page 10 of 81
Property Tax HistoryLevy Year Assessed Valuation Levy Rate Levied Property Taxes2016 1,405,166,175 1.7493 2,458,008 2017 1,532,610,083 1.7611 2,699,059 2018 1,631,598,525 1.6683 2,722,026 2019 1,849,694,593 1.5368 2,842,577 2020 2,072,895,477 1.4247 2,953,747 2021* 2,235,542,403 1.3535 3,041,366 * Projected rate until Fire & Library District final levys are known8Page 11 of 81
Property Tax Collection History9Page 12 of 81
Property Tax Comparison 2020 to 202110Levy Rate ‐ 1.4247372020Levy Amount $ 2,842,577 0.39327% increase $ 11,179 New Construction $ 79,212 Annexation $ - Utilites $ 10,000 Refunds $ 19,707 Total Taxes $ 2,962,675 Levy Rate ‐ 1.353532021Levy Amount $ 2,953,332 0.326039 % increase $ 9,629 New Construction $ 62,913 Annexation $ - Utilites $ 10,000 Refunds $ 15,492 Total Taxes $ 3,051,366 Page 13 of 81
Retail Sales & Use Tax RevenueEqually as important as Property Tax. The City of Port Orchard received a 0.84% Sales Tax11Page 14 of 81
Sales Tax CollectionYear to Date Sales Tax Revenue is on track with what the city estimated for 202012Year‐to‐date82.27%Page 15 of 81
Sales Tax Revenue Received by MonthYTD measured against 2019 shows a growth rate of 6.16%This growth rate is up slightly from the prior year over the same time period.13Year 2015 2016 2017 2018 2019 2020Annual Growth RateJanuary 296,268 347,041 351,549 386,354 431,657 440,828 2.12%February 400,407 449,948 461,703 496,351 493,079 530,599 7.61%March 279,274 309,322 321,753 360,538 384,364 389,996 1.47%April 300,199 326,635 328,165 347,330 347,428 359,821 3.57%May 358,352 363,892 388,621 441,283 420,458 415,936 -1.08%June 317,356 390,487 367,611 399,207 425,069 431,044 1.41%July351,995 374,767 408,585 453,650 475,469 526,489 10.73%August 389,756 411,062 453,577 453,487 503,789 545,861 8.35%September 378,150 398,665 403,185 441,406 459,433 542,819 18.15%October 357,596 397,959 421,304 447,624 483,935 November 379,146 406,541 427,841 451,629 484,346 December 330,064 359,797 391,854 410,120 435,279 Total 4,138,566 4,536,118 4,725,746 5,088,978 5,344,307 4,183,393 Page 16 of 81
Sales Tax Collection2017 to 201914Page 17 of 81
Thank You…This concludes my remarks.Questions?15Page 18 of 81
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: October 27, 2020
Subject: Adoption of an Ordinance Setting the Prepared by: Noah D. Crocker
Amount of Property Tax to be Levied Finance Director
for the Year 2021 Pursuant to RCW Atty Routing No: Matter 7-Finance
84.55.120 Atty Review Date: October 16, 2020
Summary: On October 27, 2020, the City Council held a public hearing on revenue sources for the
current expense (general fund) budget. The hearing included a presentation and discussion on
property tax considered for collection in 2021. Below is a comparison of next year’s levy amount to this
year’s levy amount.
Levy Amount $ 2,842,577 Levy Amount $ 2,953,332
0.39327 % increase $ 11,179
0.326039 %
increase $ 9,629
New Construction $ 79,212
New
Construction $ 62,913
Annexation $ - Annexation $-
Utilites $ 10,000 Utilites $ 10,000
Total Taxes $ 2,942,968 Total Taxes $ 3,035,874
Refunds $ 19,707 Refunds $ 15,492
Total Taxes $ 2,962,675 Total Taxe s $ 3,051,366
2020 2021
State law (RCW 84.52.043) establishes maximum levy rates for the various types of taxing districts (the
state, counties, cities and towns, fire districts, library districts and the like). Total City of Port Orchard
2021 property tax amount is estimated to be $3,051,366 based upon an estimated $1.3535 per
thousand of current total assessed value of $2,235,542,403. The 2021 amount is estimated until the
final levy calculation is completed by the Kitsap County Assessor. Pursuant to RCW 84.55.120 the City
Council is
required to adopt a separate ordinance specifically authorizing an increase in the regular property tax
levy in terms of both dollars and percentage increase from the previous year's levy. By this Ordinance,
the City Council would authorize an increase of $9,629 which is a 0.326039% increase from the
previous year.
Recommendation: Council Finance Committee recommends approval of the Ordinance.
Page 19 of 81
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to adopt an Ordinance setting the 2021 property tax levy
and the amount of property taxes to be raised for the budget year of 2021.
Fiscal Impact: Property tax collection will be budgeted within the Current Expense Fund No.
001 and Street Fund No. 002.
Alternatives: N/A
Attachment: Ordinance.
Page 20 of 81
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
SETTING THE AMOUNT OF PROPERTY TAXES TO BE LEVIED FOR
THE YEAR 2021 PURSUANT TO RCW 84.55.120 PROVIDING FOR
SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Port Orchard (taxing district #8710) has met
and considered its budget for the calendar year 2021; and
WHEREAS, the district’s actual levy amount from the previous year was $2,953,332; and
WHEREAS, the population of the district is more than 10,000; and
WHEREAS, on October 27, 2020, the City Council held a duly-noticed public hearing to
consider revenue sources for the City’s 2021 budget; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO HEREBY
ORDAIN AS FOLLOWS:
SECTION 1: An increase in the regular property tax levy is hereby authorized for the levy
to be collected in the 2021 tax year.
SECTION 2: The dollar amount of the increase over the actual levy amount from the
previous year shall be $9,629 which is a percentage increase of 0.326039% from the previous
year. This increase is exclusive of additional revenue resulting from new construction,
improvements to property, newly constructed wind turbines, solar, biomass, and geothermal
facilities, and any increase in the value of state assessed property, any annexations that have
occurred and refunds made.
SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 4. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 5. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
Page 21 of 81
attested by the Clerk in authentication of such passage this 27th day of October 2020.
Robert Putaansuu, Mayor
ATTEST: SPONSOR:
Brandy Rinearson, MMC, City Clerk John Clauson, Councilmember
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
Page 22 of 81
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: October 27, 2020
Subject: Adoption of a Substantial Need Prepared by: Noah D. Crocker
Ordinance for Property Taxes to be Finance Director
Taxes to be Levied for Year 2021 Atty Routing No: N/A
Pursuant to RCW 84.55.0101 Atty Review Date: N/A
Summary: On October 27, 2020, the City Council held a public hearing on revenue sources for the
current expense (general fund) budget. The hearing included a presentation and discussion on property
tax considered for collection in 2021. In Washington State the Implicit Price Deflator (IPD) Index for
personal consumption expenditure affects property tax rate setting for local governments. The implicit
price deflator for personal consumption expenditures is a figure used to measure inflation, and it can
impact how much property tax revenue a jurisdiction can collect in any year.
The definition of "inflation" for setting a property tax levy (RCW 84.55.005) is:
"Inflation" means the percentage change in the implicit price deflator for personal consumption
expenditures for the United States as published for the most recent twelve-month period by the bureau
of economic analysis of the federal department of commerce by September 25th of the year before the
taxes are payable.
Under state law, no local government may increase its property tax levy more than 1% in a given year,
and local governments with a population of 10,000 or more are limited to the lesser of 1% or the rate of
inflation (RCW 84.55.005 - .010). However, if inflation falls below 1%, a jurisdiction with a population of
10,000 or more may adopt a resolution/ordinance of "substantial need" allowing it to increase the levy
(or bank the excess capacity) up to the full 1 percent.
If the local legislative body has five or more members, the ordinance must be approved by a "majority
plus one" supermajority for passage.
Due to the added costs required to meet the levels of service expected in the areas of public safety,
road repair and transportation, parks and recreation and other City services for the year 2021, there is
substantial need to for the City to set the levy limit at the full one hundred one percent (101%). By this
Ordinance, the City Council would find a substantial need to set the levy limit at the full one hundred
one percent (101%) for 2021.
Recommendation: Staff recommends adoption of the Substantial Needs Ordinance.
Relationship to Comprehensive Plan: N/A
Page 23 of 81
Motion for consideration: I move to adopt an Ordinance finding a substantial need to increase
property taxes levied by one percent(1%) and to set the levy limit at one hundred one percent
(101%) to ensure adequate funding for City services in calendar year 2021.
Fiscal Impact: Property tax collection will be budgeted within the Current Expense Fund No.
001 and Street Fund No. 002. The substantial needs would provide an estimated $11,676 of
additional property tax levy.
Alternatives: N/A
Attachment: Ordinance
Page 24 of 81
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
FINDING SUBSTANTIAL NEED TO SET THE LEVY LIMIT FOR THE
PROPERTY TAX LEVY FOR THE FISCAL YEAR COMMENCING
JANUARY 1, 2021, AT ONE HUNDRED ONE PERCENT (101%) TO
ENSURE ADEQUATE FUNDING; ESTABLISHING AN EFFECTIVE
DATE; AND PROVIDING FOR SUMMARY PUBLICATION
WHEREAS, the City Council of the City of Port Orchard duly and regularly adopts as
required by law the estimate of amounts required to meet public expenses of the City during
the ensuing year from all sources including direct taxation; and
WHEREAS, RCW 84.55.0101 provides that a taxing jurisdiction with a population of
more than 10,000 may levy regular property taxes in an amount not more than the limit factor
multiplied by the highest levy in the most recent three years, plus certain other additional
amounts, with the limit factor being the lesser of 101 percent or 100 percent plus inflation for
the prior year; and
WHEREAS, pursuant to RCW 84.55.0101, if the rate of inflation is less than one percent,
a taxing jurisdiction with a population of more than 10,000 may use the full 101 percent limit
factor upon a finding of substantial need; and
WHEREAS, RCW 84.55.005 defines “inflation” as the percentage change in the implicit
price deflator for personal consumption expenditures for the United States as published for the
most recent twelve-month period; under this definition, the rate of inflation for the tax levy for
the fiscal year commencing on January 1, 2021 is approximately 0.602 percent; and
WHEREAS, the City Council has met and considered its budget for the calendar year
2021; and
WHEREAS, on October 27, 2020, the City Council held a public hearing to consider the
City’s revenue sources for the following year’s current expense budget pursuant to RCW
84.55.120; and
WHEREAS, the City Council, after hearing and considering all relevant evidence and
testimony presented, has determined that, due to the added costs required to meet the levels
of service expected in the areas of public safety, road repair and transportation, parks and
recreation and other City services, there is substantial need to set the levy limit at one hundred
one percent (101%); now therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY ORDAIN
AS FOLLOWS:
Page 25 of 81
SECTION 1: The City Council finds that there is a substantial need under RCW
84.55.0101 to use a limit factor of one hundred one percent (101%) for the property tax levy in
2021, to ensure adequate funding for City services in calendar year 2021.
SECTION 2: The Finance Director is hereby directed to certify to the County Assessor of
the Kitsap County, Washington, a copy of this ordinance.
SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 4. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 5. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
PASSED by a supermajority of the City Council of the City of Port Orchard, SIGNED by the
Mayor and attested by the Clerk in authentication of such passage this 27th day of October
2020.
Robert Putaansuu, Mayor
ATTEST: SPONSOR:
Brandy Rinearson, MMC, City Clerk John Clauson, Councilmember
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
Page 26 of 81
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:
October 27, 2020
Subject: Adoption of an Ordinance Approving Prepared by: Nick Bond, AICP
the 2020 Port Orchard Municipal DCD Director
Code Title 20 Unified Development Atty Routing No: N/A
Code “Housekeeping” Amendments Atty Review Date: N/A
Summary: DCD staff continually tracks errors, inconsistencies, outdated references and omissions in
Title 20 POMC (Unified Land Use and Development Code), and gathers these into one corrections
ordinance each year – generally known as the annual Title 20 “housekeeping” ordinance. These
proposed corrections to Title 20 for 2020 have been prepared for City Council review. The ordinance is
provided in clean format, and an explanatory document is provided that lists each correction in
numerical order, in redline strikeout/underline format, with explanations at the head of each change.
The Planning Commission held a public hearing on the proposed housekeeping ordinance on October 6,
2020, and voted to recommend that the City Council approve the ordinance. The Land Use committee
reviewed the ordinance on October 7, 2020, and directed staff to bring the ordinance to the full Council
for review and adoption.
Recommendation: Staff recommends that the City Council vote to approve an ordinance adopting
minor corrections, clarifications and updates to Title 20 POMC.
Relationship to Comprehensive Plan: N/A
Motion for Consideration: “I move to approve an ordinance adopting minor corrections, clarifications
and updates to Title 20 POMC.”
Fiscal Impact: N/A
Alternatives: Direct staff to revise the ordinance; do not adopt an ordinance.
Attachments: Ordinance; Redline Section-by-Section Explanatory Document
Page 27 of 81
TITLE 20 POMC
PROPOSED “HOUSEKEEPING” CORRECTIONS – 2020
SHOWN AS RED STRIKEOUT/UNDERLINE, PER SECTION EXCERPT
Explanations for changes are listed in italic blue before each change
Planning Commission Meeting: October 6, 2020
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1. This code section indicated that Comprehensive Plan amendment applications could be submitted
until 5:00 pm on January 31; however, City offices close at 4:30 pm. This section has been changed to
4:00 pm to allow sufficient time for submittal review, payment and receipt prior to 4:30 pm.
20.04.060 Agenda process.
(2) All comprehensive plan amendment applications must be completed and submitted to the planning
department by 5:00 4:00 p.m. on January 31st of any year in order to be considered during that year’s
amendment process. Completed applications that are received after the submission date will be placed
on the comprehensive plan amendment agenda for the following calendar year. Applications that are
incomplete will be returned to the applicant.
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2. Sign variance permits were incorrectly classified as a Type I permit instead of Type II. Master Sign
Plan was left out of the Type I permits. The sign code no longer has a Comprehensive Sign Design Plan
permit.
Table 20.22.020 – Permit Review Type Classifications
Type I
Director Decision
Judicial Appeal
Type II
Director Decision
HE Appeal
Type III
HE Decision
Judicial Appeal
Type IV
City Council Decision
Judicial Appeal
Type V
City Council
Decision
GMHB Appeal
Sign Variance
(Chapter 20.132 POMC)
Master Sign Plan
Sign Variance
(Chapter 20.132 POMC)
Comprehensive Sign
Design Plan Permit
Page 28 of 81
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3. Clarifies in Section 20.24.110(2) who is entitled to receive a Notice of Decision on a project
application. Requests must be submitted in writing.
20.24.110 Notice of decision.
(2) Persons Entitled to Receive Notice of Decision. A notice of decision, or the written findings of fact
and conclusions, shall be provided to the applicant, to any person who submitted written comments
on the application (other than a signed petition), to any person who testified at the hearing or any
person who requested in writing a copy of the decision, and to the Kitsap County assessor.
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4. Clarifies in Section 20.25.050(1)(a) who is entitled to receive a Notice of Hearing for a project
application, to be consistent with code requirements in 20.24.110(2) for receiving the Notice of Decision
– see #4 above.
20.25.050 Notice of public hearing.
(1) Mailed Notice of Public Hearing. The city shall use the records of the Kitsap County assessor’s office
as the official records for determining ownership of property. The director shall mail notice of the
public hearing as follows:
(a) At least 14 calendar days before the hearing date, notice shall be mailed to:
(i) The applicant and all owners or contract purchasers of record of the property that is the
subject of the application;
(ii) All property owners of record within 300 feet of the site;
(iii) Affected governmental agencies as determined by the city;
(iv) Any neighborhood or community organization whose boundaries include the property
proposed for development, and which has requested notice;
(v) Any person who submitted written comments on the application (other than a signed
petition);
(vi) Any person who submits a written request to receive notice; and
(vii) For appeals, the appellant and all persons who provided testimony in the original
decision.
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5. Changes the title of Chapter 20.37 to “Public and Community Space Districts”, for consistency with
the Comprehensive Plan map and to better reflect the land uses under this designation.
Chapter 20.37
Public and Community Space Civic and Open Space Districts
Sections:
20.37.010 Civic and institutional (CI).
Page 29 of 81
20.37.020 Parks and recreation (PR).
20.37.030 Public facilities (PF).
------------------------------------------------------------------------------------------------------------------------------
6. Remove “by building type” from lot size requirements in sections 20.37.010(3)(a) and
20.37.030(3)(a). This term was included in error.
Chapter 20.37.010 Civic and institutional (CI).
(3) Lot Dimensions.
(a) Minimum lot size by building type: 7,000 square feet.
(b) Minimum lot width: 70 feet.
Chapter 20.37.030 Public facilities (PF).
(3) Lot Dimensions.
(a) Minimum lot size by building type: 7,000 square feet.
(b) Minimum lot width: 70 feet.
-------------------------------------------------------------------------------------------------------------------------------
7. Adds language to prevent outside storage and other undesirable, unforeseen uses and activities
from being accessory uses in the Downtown Mixed Use (DMU) zone in the “business services” category,
due to lack of specificity in the code.
20.39.380 Business services.
(1) Defined. A facility providing other professional office and commercial retail businesses with services
including maintenance, repair and service, testing, and rental, such as business equipment repair
services, document storage, document destruction, and soils and materials testing laboratories. This
use excludes maintenance, repair, and service uses that are industrial in nature or that include outdoor
storage of equipment or supplies. Examples include but are not limited to: Uses that include
maintenance, repair and service such as copiers or computers are allowed. Uses that include
maintenance, repair and service related to plumbing, landscaping, commercial kitchens or other
industrial type uses are not allowed.
-------------------------------------------------------------------------------------------------------------------------------
8. Corrects numbering and removes a redundant section (appeals are addressed in POMC 20.54.140).
POMC 20.54.090 Administration of nonconforming permits.
(1) The following steps shall be followed in the processing of nonconforming permits:
(a) Determination of complete application (POMC 20.24.050 060);
(b) Determination of consistency (POMC 20.24.090 100); and
(c) Notice of decision by director (POMC 20.24.100 110); and
(d) Administrative appeal, if any (open record hearing, POMC 20.22.040).
Page 30 of 81
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9. Incorporates Director’s Interpretation LU20-01 Subdivision Design – Street Length (dated June 3,
2020) into code, per POMC 20.10.040(5)(b). This interpretation provides the intent for how the block
length exceptions in POMC 20.100.060(2) are granted, and allows each of the exceptions to be utilized
independently of the others.
20.100.60 Street length.
(2) Where significant topographic features, or critical areas features, are present and will be retained
on parcels of one-half acre or larger in size that are proposed for development, if one of the three
options provided below are implemented within each block that exceeds 800 feet in face length or
2,400 feet in perimeter length, the street length standards in this section shall be considered met: The
length of a block or street segment may exceed the maximum length stated in subsection (1) of this
section under the following conditions:
(a) Blocks containing retention or detention ponds;
(b) Blocks containing parks; or
(c) Development where the proposed development abuts the rear of an existing development
and no rights-of-way have been provided.
--------------------------------------------------------------------------------------------------------------------------------------------------------
10. Corrects the first graphic illustration for section 20.122.060 – porches can be within 3 feet of a lot
line, not 2 feet, per 20.122.060(4).
Existing graphic:
Corrected graphic:
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Page 31 of 81
11. In Section 20.127.150, Storefront block frontage standards, Figure 20.127.150(1) and Table
20.127.150(2) have been corrected to remove the 15 ft minimum height limit and to refer to building
types for minimum height requirements as established elsewhere in code.
Original Figure:
Revised Figure:
Page 32 of 81
Table 20.127.150(2)
Storefront Block Frontage Standards
Element Standards Examples and Notes
Floor to ceiling
height
15 feet minimum Refer to building type (applies to
new buildings only).
--------------------------------------------------------------------------------------------------------------------------------------------------------
12. Removes “to which the sign applies” from a subsection of Section 20.124.340 – Vehicular
Circulation and Parking. This was an erroneous insertion from another code section.
20.124.340(4) Internal Roadway Design.
(c) Drive-Through Facilities. Where allowed, drive-through facilities (e.g., drive-up windows)
must comply with the following:
(i) Drive-through lanes, including waiting and holding lanes, must be buffered from the
street and internal walkways by one or both of the following:
(A) A planting strip at least five feet wide with continuous plantings of evergreen shrubs
and/or trees that will, at maturity, provide a continuous evergreen screen at least four
feet tall.
(B) A wall at least three feet high constructed of brick, stone or siding materials that
matches the principal walls of the building to which the sign applies.
-------------------------------------------------------------------------------------------------------------------------------
13. Revises the SEPA notice requirements for non-project actions that do not require a permit approval,
such as citywide zoning designation changes, updates to development regulations, etc, where a specific
site cannot be identified and posted. The City can meet its SEPA notice requirements for non-
project/non-permit actions through alternative methods as provided in WAC 197-11-510, including
newspaper publication, and mailing or emailing the notice to any person, group or agency who has
requested notice.
20.160.190 Public notice.
(1) Whenever the city issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3), the
city shall give public notice as follows:
(a) If public notice is required for a nonexempt license, the notice shall state whether a DS or DNS
has been issued and when comments are due;
(b) If no public notice is required for the permit or approval, the city shall give notice of the DNS
or DS in accordance with the requirements of Chapter 20.25 POMC, except that for non-project
Page 33 of 81
actions as defined in WAC 197-11-774, the city shall give notice of the DNS or DS in accordance
with the requirements of WAC 197-11-510(1)(b) and (g).
-------------------------------------------------------------------------------------------------------------------------------
14. Removes stream buffer width language from the Development Standards table in the City’s Critical
Areas regulations. This buffer width language was inadvertently left in from the previous version of the
Critical Areas Ordinance, and is inconsistent with current stream buffer requirements.
20.162.072 Development Standards.
Table 5
CATEGORY BUFFER
WIDTH
STANDARD
MINIMUM
BUILDING
SETBACK
OTHER DEVELOPMENT STANDARDS
Streams
Water Type For minor new development the department may reduce
the buffer width by up to 25 percent through an
administrative buffer reduction process when review
with the Washington State Department of Fish and
Wildlife determines that conditions are sufficient to
protect the affected habitat. The buffer shall not be less
than 25 feet. Where applicable, refer to the
development standards in this chapter. Where such
features occur on a site, the more restrictive buffer or
building setback will apply.
F 150 feet 15 feet
beyond
buffer
Np 50 feet 15 feet
beyond
buffer
Ns 50 feet 15 feet
beyond
buffer
*The buffer width for all major new development shall be 100 feet, with a 15-foot minimum
building setback.
Lakes – Less Than 20 Acres (Non-Type 1 Waters of the State)
Zoning
Designation
Where applicable, refer to the development standards in
this chapter. Where such features occur on a site, the
more restrictive buffer or building setback will apply. Community
Facilities
None 50 feet
Commercial,
Mixed Use
None 50 feet
Employment None 50 feet
Greenbelt,
Residential
None 35 feet
Wildlife Habitat Conservation Areas
Page 34 of 81
Table 5
CATEGORY BUFFER
WIDTH
STANDARD
MINIMUM
BUILDING
SETBACK
OTHER DEVELOPMENT STANDARDS
Class I Buffer widths and setbacks will be determined through mandatory habitat plan.
Class II Site-specific conditions will determine the need for the preparation of a habitat
plan for buffer widths and setbacks.
Page 35 of 81
ORDINANCE NO. __ -20
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING MINOR
REVISIONS AND CORRECTIONS TO TITLE 20 UNIFIED DEVELOPMENT CODE OF THE
PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND
CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on June 13, 2017, the Port Orchard City Council adopted ordinance 019-
17 establishing a new unified development code (Title 20 POMC); and
WHEREAS, since the adoption of ordinance 019-17, on an annual basis the City has
docketed, considered and adopted amendments to Title 20, to correct minor errors and
internal conflicts and to clarify development regulations, pursuant to Chapter 20.06.020(7);
and
WHEREAS, the City may adopt amendments to the City’s development regulations
pursuant to RCW 36.70A.106; and
WHEREAS, on September 21, 2020, the City submitted to the Department of
Commerce a request for expedited review of the proposed minor revisions and corrections
to Title 20, pursuant to RCW 36.70A.106(3)(b); and
WHEREAS, on September 25, 2020, the City’s SEPA official issued a determination of
non-significance for the proposed adoption of minor revisions and corrections to Title 20,
and there have been no appeals; and
WHEREAS, on October 5, 2020, the City Council’s Land Use committee reviewed the
proposed minor revisions and corrections to Title 20, and directed staff to bring an
ordinance to the full Council for review; and
WHEREAS, on October 6, 2020, the Planning Commission held a duly-noticed public
hearing on the proposed adoption of minor revisions and corrections to Title 20, and **public
testimony was received**, and the Planning Commission recommended approval of the
proposed adoption; and
WHEREAS, the City Council, after careful consideration of the recommendation from
the Planning Commission, all public comment, and the Ordinance, finds that this Ordinance
is consistent with the City’s Comprehensive Plan and development regulations, the Growth
Management Act, Chapter 36.70A RCW, and that the amendments herein are in the best
interests of the residents of the City and further advance the public health, safety and
Page 36 of 81
welfare; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council adopts all of the “Whereas” sections of this ordinance as
findings in support of this ordinance.
SECTION 2. Section 20.04.060 is revised to read as follows:
20.04.060 Agenda process.
(1) The director shall prepare and administer a preliminary comprehensive plan amendment
agenda listing each application and containing written comments on proposed comprehensive
plan amendments. Any interested party, including applicants, citizens, and government agencies,
may submit items to the comprehensive plan amendment process agenda.
(2) All comprehensive plan amendment applications must be completed and submitted to the
planning department by 4:00 p.m. on January 31st of any year in order to be considered during
that year’s amendment process. Completed applications that are received after the submission
date will be placed on the comprehensive plan amendment agenda for the following calendar
year. Applications that are incomplete will be returned to the applicant.
(3) By February 28th of each year, the director shall compile and maintain for public review a
recommended final comprehensive plan amendment agenda for site-specific amendments and
for city-wide amendments, including any proposed development regulations necessary to
implement such amendments. The director shall base these docket recommendations on a
preliminary evaluation of the need, urgency, and appropriateness of the suggested
comprehensive plan amendment as well as the planning department staff and budget availability
to accommodate the public review process.
(4) The director shall provide notice of the recommended final comprehensive plan amendment
agenda as provided in POMC 20.04.080.
(5) The director shall provide the recommended final comprehensive plan amendment process
agenda of project-specific amendments and city-wide comprehensive plan amendments, along
with a brief description of each suggested plan amendment to the city council for review and
consideration. The city council, after considering the development director’s recommended final
Page 37 of 81
comprehensive plan amendment agenda, shall adopt the final comprehensive plan amendment
agenda for the current year plan amendment cycle no later than April 30th of each year.
SECTION 3. Table 20.22.020 is revised to read as follows:
Table 20.22.020 – Permit Review Type Classifications
Type I
Director
Decision
Judicial Appeal
Type II
Director Decision
HE Appeal
Type III
HE Decision
Judicial Appeal
Type IV
City Council Decision
Judicial Appeal
Type V
City Council
Decision
GMHB Appeal
Building
Permit1 (Subtitl
e X of this title)
Binding Site
Plan, Final
(Chapter 20.94
POMC)
Preliminary
Plat – Minor
Modifications
(Chapter 20.88
POMC)
Minor Land
Disturbing
Activity Permit
(Chapter 20.14
0 POMC and
POMC 20.150.1
00)
Boundary Line
Adjustment
(Chapter 20.84
POMC)
Code
Interpretation
(Chapter 20.10
POMC)
Legal
Nonconforming
Permit
Short Plat,
Preliminary,
Alteration of
Preliminary,
Alteration of Final,
Vacation of Final
(Chapters 20.86 and
20.96 POMC)
Temporary Use
Permit
(Chapter 20.58 POM
C)
Binding Site Plan –
Preliminary,
Alteration of
Preliminary,
Alteration of Final,
Vacation of Final
(Chapter 20.94 POM
C)
Stormwater
Drainage Permit
(Chapter 20.150 PO
MC)
Sign Permit (if SEPA
required)
(Chapter 20.132 PO
MC)
Shoreline
Substantial
Development
Preliminary Plat,
Preliminary Plat
Major
Modifications,
Alteration of Final,
Vacation of Final
(Chapters 20.88 and
20.96 POMC)
Variance
(Chapter 20.28 POM
C)
Conditional Use
Permit
(Chapter 20.50 POM
C)
Shoreline
Substantial
Development
Permit, Conditional
Use Permit, and
Nonadministrative
Variance
(Chapter 20.164 PO
MC)
Planned Residential
Developments
Final Plat –
Alteration or
Vacation
(Chapter 20.96 POM
C)
Final Plat
(Chapter 20.90 POMC)
Site-Specific Rezone
without
Comprehensive Plan
Amendment
(Chapter 20.42 POMC)
Development
Agreement
(Chapter 20.26 PO
MC)
Comprehensive
Plan Amendment –
Land Use Map
Amendment, Text
Amendment
(Chapter 20.04 PO
MC)
Legislative Zoning
Map Amendment
(Chapter 20.06 PO
MC)
POMC
Title 20 Code
Amendment
(Chapter 20.06 PO
MC)
Annex
ns
Page 38 of 81
Table 20.22.020 – Permit Review Type Classifications
Type I
Director
Decision
Judicial Appeal
Type II
Director Decision
HE Appeal
Type III
HE Decision
Judicial Appeal
Type IV
City Council Decision
Judicial Appeal
Type V
City Council
Decision
GMHB Appeal
(Chapter 20.54
POMC)
Short Plat, Final
(Chapter 20.86
POMC)
Sign Permit (if
SEPA not
required)
(Chapter 20.13
2 POMC)
Master Sign
Plan
Permit,
Administrative
(Chapter 20.164 PO
MC)
View Protection
Overlay District
(VPOD) Variance
(POMC 20.38.860)
Shoreline
Permit
Exemption
(Chapter 20.16
4 POMC)
Temporary Use
Permit,
Extension
(Chapter 20.58
POMC)
Sign Variance
(Chapter 20.132 PO
MC)
Major Land
Disturbing Activity
Permit
(Chapter 20.140 PO
MC and
POMC 20.150.100)
Variance –
Administrative
(Chapter 20.28 POM
C)
Untyped review and decision actions: preapplication meeting (Chapter 20.24 POMC), design review board review and
recommendation (POMC 20.127.030), tax exemption for multifamily development (Chapter 3.48 POMC), capacity
reservation certificate (Chapter 20.180 POMC), public works design variation, right-of-way permit (Chapter 12.04 POMC),
street use permit (Chapter 12.24 POMC), water/sewer connection permit (Chapter 13.04 POMC).
1 If a building permit application does not require SEPA review, no public notice is required. If a building permit application
requires SEPA review, public notice shall be provided consistent with the requirements for Type II applications pursuant to
Chapter 20.25 POMC.
Page 39 of 81
SECTION 4. Section 20.24.110 is revised to read as follows:
20.24.110 Notice of decision.
(1) Contents. The notice of decision issued by the director for Type I and II actions, and the
findings of fact and conclusions of law issued by the hearing body on Type III and IV actions
shall include the following, as a minimum:
(a) A list of all project permits included in the decision, including all permits being
reviewed through the consolidated review process;
(b) Date and description of the decision;
(c) Statement of any threshold determination made under SEPA (Chapter 43.21C RCW);
(d) Procedures for an administrative appeal, if any;
(e) Statement that the affected property owners may request a change in property tax
valuation notwithstanding any program of revaluation by contacting the Kitsap County
assessor;
(f) Duration of the permit approval and a statement summarizing the permit expiration
and extension procedures (if any); and
(g) Statement that the complete project permit file, including findings, conclusions, and
conditions of approval, if any, is available for review. The notice shall list the place that
the file is available and the name and telephone number of the city representative to
contact about reviewing the file.
(2) Persons Entitled to Receive Notice of Decision. A notice of decision, or the written findings
of fact and conclusions, shall be provided to the applicant, to any person who submitted
written comments on the application (other than a signed petition), to any person who testified
at the hearing or any person who requested in writing a copy of the decision, and to the Kitsap
County assessor.
(3) For project permit applications, the city shall issue a notice of decision within 120 days of
the issuance of the determination of technical completeness on the application, unless the
applicant has agreed to a different deadline.
Page 40 of 81
(4) In calculating the time periods for issuance of the notice of decision, the following periods
shall be excluded:
(a) Any period during which the applicant has been requested by the director to correct
plans, perform required studies, or provide additional required information. The period
shall begin from the date the director notifies the applicant of the need for additional
information, until the date the director determines that the additional information
satisfies the request for information, or 14 calendar days after the date the additional
information is provided to the city, whichever is earlier;
(b) If the director determines that the information submitted is insufficient, the applicant
shall be informed of the particular insufficiencies and the procedures set forth in
POMC 20.24.060 for calculating the exclusion period shall apply;
(c) Any period during which an environmental impact statement (EIS) is being prepared
pursuant to Chapter 43.21C RCW and Chapter 20.160 POMC;
(d) Any period for consideration and issuance of a decision for administrative appeals of
project permits;
(e) Any extension of time mutually agreed to in writing by the director and the applicant.
(5) The time limits established in this section do not apply to applications that:
(a) Are not project permit applications (such as amendments to the comprehensive plan
or a development regulation);
(b) Requires siting approval of an essential public facility;
(c) Are substantially revised by the applicant, in which case the time period shall start
from the date that a determination of completeness for the revised application is issued
by the director.
SECTION 5. Section 20.25.050 is revised to read as follows:
20.25.050 Notice of public hearing.
Page 41 of 81
(1) Mailed Notice of Public Hearing. The city shall use the records of the Kitsap County
assessor’s office as the official records for determining ownership of property. The director shall
mail notice of the public hearing as follows:
(a) At least 14 calendar days before the hearing date, notice shall be mailed to:
(i) The applicant and all owners or contract purchasers of record of the property that
is the subject of the application;
(ii) All property owners of record within 300 feet of the site;
(iii) Affected governmental agencies as determined by the city;
(iv) Any neighborhood or community organization whose boundaries include the
property proposed for development, and which has requested notice;
(v) Any person who submitted written comments on the application (other than a
signed petition);
(vi) Any person who submits a written request to receive notice; and
(vii) For appeals, the appellant and all persons who provided testimony in the original
decision.
(2) Affidavit of Mailed Notice of Public Hearing. The director shall have an affidavit of mailed
notice of public hearing prepared and made a part of the administrative record. The affidavit
shall be a sworn statement stating the date that the notice of public hearing was mailed to the
persons who must receive notice, as identified herein.
(3) Published Notice of Public Hearing. At least 10 calendar days before the hearing, notice of
the hearing shall be printed in the city’s official newspaper (a newspaper in general circulation
in the city). The newspaper’s affidavit of publication of the notice shall be made part of the
administrative record.
(4) Content of Notice of Public Hearing. The notice of public hearing shall contain:
(a) The name and address of the applicant and the applicant’s representative;
Page 42 of 81
(b) A description of the subject property reasonably sufficient to inform the public of its
location, including, but not limited to, a vicinity location or written description, a map or
postal address, and a subdivision lot and block designation, but need not include a legal
description. A legal description alone does not meet this requirement;
(c) The date, time, and place of the public hearing;
(d) The nature of the application and the proposed land use or uses that could be
authorized for the property;
(e) A statement that all interested persons may appear and provide testimony;
(f) The sections of the code that are pertinent to the hearing procedure, including, but not
limited to, the codes describing the applicable criteria and development standards that
apply to the application;
(g) The threshold determination made under SEPA (WAC 197-11-330), if any;
(h) A statement describing when the information in the administrative record may be
examined by the public and when and how written comments addressing findings
required for a decision by the decision-maker(s) may be admitted;
(i) The name of a city representative to contact and the telephone number where
additional information may be obtained;
(j) A statement explaining that a copy of the application, all documents relied upon by the
applicant, and a list of the applicable criteria for the application are available for
inspection by the public at no cost and that copies will be provided at the requestor’s
cost; and
(k) A statement explaining that a copy of the staff report will be available for inspection at
no cost at least seven calendar days prior to the hearing and that copies will be provided
at the requestor’s cost.
(5) Final notice of decision for project permits not requiring a public hearing shall be mailed to
the applicant in accordance with POMC 20.24.100.
Page 43 of 81
SECTION 6. Chapter 20.37 is revised to read as follows:
Chapter 20.37
Public and Community Space Districts
Sections:
20.37.010 Civic and institutional (CI).
20.37.020 Parks and recreation (PR).
20.37.030 Public facilities (PF).
20.37.010 Civic and institutional (CI).
(1) Intent. The civic and institutional district is intended to protect civic uses that serve the
surrounding neighborhoods or produce intense civic activities that do not readily assimilate into
other zoning districts. Activities may include, but are not limited to, religious facilities, fraternal
organizations, and schools. The civic and institutional district intends to provide for compliance
with the Religious Land Use and Institutionalized Persons Act (RLUIPA). The civic and
institutional district may be applied in any area of the city regardless of comprehensive plan
designation.
(2) Building Types Allowed. Building types are not applicable in the civic and institutional
district.
Page 44 of 81
Civic and Institutional Buildings
(3) Lot Dimensions.
(a) Minimum lot size: 7,000 square feet.
(b) Minimum lot width: 70 feet.
(4) Maximum hard surface coverage is 70 percent.
Civic and Institutional Lot Dimensions
(5) Principal Building Setbacks.
(a) Primary street: 15 feet minimum (may be reduced on designated storefront and mixed
designation streets, see Chapter 20.127 POMC).
(b) Side street: 10 feet minimum (may be reduced on designated storefront and mixed
designation streets, see Chapter 20.127 POMC).
(c) Side interior: 10 feet minimum.
(d) Rear: 10 feet minimum.
Page 45 of 81
Civic and Institutional Building Placement
(6) Building Height.
(a) All buildings and structures: three stories/55 feet maximum.
Civic and Institutional Building Height
Page 46 of 81
20.37.020 Parks and recreation (PR).
(1) Intent. The parks and recreation district is intended to create, preserve and enhance park
land to meet the active and recreational needs of residents. The parks and recreation district is
intended to provide for both improved and unimproved park land. Activities may include, but
are not limited to, structures or other active, player-oriented facilities such as playgrounds,
recreational fields, ballfields, sport courts, dog parks, and associated accessory facilities such as
parking areas and restrooms. The parks and recreation district is also intended to accommodate
buildings of a public nature such as community and recreation centers. The parks and
recreation district may be applied in any area of the city regardless of comprehensive plan
designation.
(2) Building Types Allowed. Building types are not applicable in the parks and recreation district.
Parks and Recreation Buildings
(3) Lot Dimensions.
(a) There shall be no minimum lot size within the parks and recreation district.
(b) There shall be no minimum lot width within the parks and recreation district.
Page 47 of 81
Parks and Recreation Lot Dimensions
(4) Building Setbacks.
(a) Primary street: 10 feet minimum.
(b) Side street: 10 feet minimum.
(c) Side interior: 10 feet minimum.
(d) Rear: 10 feet minimum.
Page 48 of 81
Parks and Recreation Building Placement
(5) Building Height.
(a) All buildings and structures: 35 feet maximum.
Parks and Recreation Building Height
Page 49 of 81
20.37.030 Public facilities (PF).
(1) Intent. The public facilities district is intended to provide for public facility uses that serve
the city and which may not readily assimilate into other zoning districts. The public facilities
district may be applied in any area of the city regardless of comprehensive plan designation.
The public facilities district intends to accommodate buildings of a public nature such as police,
fire or EMS stations and government offices.
(2) Building Types Allowed. Building types are not applicable in the public facilities district.
(3) Lot Dimensions.
(a) Minimum lot size: 7,000 square feet.
(b) Minimum lot width: 70 feet.
(4) Maximum hard surface coverage is 95 percent.
Civic and Institutional Lot Dimensions
(5) Principal Building Setbacks (from Ground Level up to 40 Feet).
Page 50 of 81
(a) Primary street: 10 feet minimum (may be reduced on designated storefront and mixed
designation streets, see Chapter 20.127 POMC).
(b) Side street: 10 feet minimum (may be reduced on designated storefront and mixed
designation streets, see Chapter 20.127 POMC).
(c) Side Interior.
(i) Side interior abutting nonresidential: five feet minimum.
(ii) Side interior abutting residential: 20 feet minimum.
(d) Rear.
(i) Abutting nonresidential: five feet minimum.
(ii) Rear abutting residential: 20 feet minimum.
Civic and Institutional Building Placement
(6) Building Height.
Page 51 of 81
(a) All buildings and structures: five stories/85 feet maximum (it is recognized that public
buildings may have higher per story heights than other building types hence the 85-foot
height limit).
Civic and Institutional Building Height
SECTION 7. Section 20.39.380 is revised to read as follows:
20.39.380 Business services.
(1) Defined. A facility providing professional office and commercial retail businesses with
services including maintenance, repair and service, testing, and rental, such as business
equipment repair services, document storage, document destruction, and soils and materials
testing laboratories. This use excludes maintenance, repair, and service uses that are industrial
in nature or that include outdoor storage of equipment or supplies. Examples include but are
not limited to: Uses that include maintenance, repair and service such as copiers or computers
are allowed. Uses that include maintenance, repair and service related to plumbing,
landscaping, commercial kitchens or other industrial type uses are not allowed.
SECTION 8. Section 20.54.090 is revised to read as follows:
POMC 20.54.090 Administration of nonconforming permits.
Page 52 of 81
(1) The following steps shall be followed in the processing of nonconforming permits:
(a) Determination of complete application (POMC 20.24.060);
(b) Determination of consistency (POMC 20.24.100); and
(c) Notice of decision by director (POMC 20.24.110).
SECTION 9. Section 20.100.060 is revised to read as follows:
20.100.060 Street length.
1) Length of a Block or Street Segment. The maximum length of any block or street segment
(including a looped street) shall be 600 feet along arterial streets. Block faces shall not exceed
800 feet along other streets and the full perimeter of a block shall not exceed 2,400 feet except
where topographic or critical areas features on parcels of one-half acre or larger would justify
an exception from this requirement. Cul-de-sac streets shall adhere to Table 20.100.070(1) or
other requirements herein. Measurements shall be measured along the centerline of the street
from the centerline or center point of one intersection to the centerline or center point of the
next intersection. For the purposes of measurement, either a full four-way intersection or a “T”
three-way intersection shall be considered an intersection.
(2) Where significant topographic features, or critical areas features, are present and will be
retained on parcels of one-half acre or larger in size that are proposed for development, if one
of the three options provided below are implemented within each block that exceeds 800 feet
in face length or 2,400 feet in perimeter length, the street length standards in this section shall
be considered met:
(a) Blocks containing retention or detention ponds;
(b) Blocks containing parks; or
(c) Development where the proposed development abuts the rear of an existing
development and no rights-of-way have been provided.
(3) Maximum Length of a Cul-De-Sac Street.
(a) No cul-de-sac served by one access point in any single-family, multiple-family,
industrial, or commercial subdivision shall exceed 450 feet in length or the length as
shown in Table 20.100.070(1), whichever is less.
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(b) No cul-de-sac in any single-family subdivision district shall be designed to serve more
than 25 single-family dwelling units, unless an exception is granted by the hearing
examiner to the maximum length, in which case the maximum number of dwelling units
shall be increased in the same percentage as the maximum length has been increased.
(c) For purposes of this subsection, cul-de-sac length shall be measured along the
centerline of the cul-de-sac from a point beginning at the intersection of the cul-de-sac
street with the centerline of the street from which it extends to the center of the
turnaround at the end of such cul-de-sac. (Also see POMC 20.100.070 for cul-de-sac
requirements.) For the purposes of measurement, either a full four-way intersection or a
“T” three-way intersection shall be considered an intersection.
(d) An exception to the maximum cul-de-sac lengths may be granted by the decision-
making authority to develop a parcel:
(i) With significant topographic constraints such as those documented in a geological
report or where the resulting roadway would exceed a 12 percent grade;
(ii) With critical areas requiring protection on or adjacent to the parcel;
(iii) That is effectively landlocked with no other alternative than a cul-de-sac
exceeding 450 feet;
(iv) Is in a proposed subdivision that has such a unique configuration that the only
way to serve the area in question is with a cul-de-sac exceeding 450 feet. Such
exception shall not be granted if the length of the cul-de-sac can be reduced by
connection to an adjacent and/or parallel street. The desire to gain additional lots
from the cul-de-sac exception by itself is not reason enough to grant such exception
to the maximum length;
(v) Additional modifications may be required by the decision-making authority upon
recommendation by the fire authority including intermediate turnarounds
(eyebrows) to accommodate emergency vehicles being provided at a maximum
distance of 300 feet;
(vi) Building construction within the area of the cul-de-sac beyond the 450 feet
distance shall be fire sprinklered and a note shall be added to the recording plat and
the subdivision improvement plans indicating that buildings are required to be
sprinklered within the subdivision, and which lot numbers have such requirement.
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(4) Cross-Reference. Also see POMC 20.100.070 for cul-de-sac requirements.
SECTION 10. Section 20.122.060 is revised to read as follows:
20.122.060 Porch.
A raised structure attached to a building, forming a covered entrance to a doorway.
The 50 percent porch width shall be measured to include the habitable ground floor portion of
the detached house only.
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The 50 percent porch width shall be measured to include the habitable ground floor portion of
the detached house only.
(1) A front porch must be at least six feet deep (not including the steps). A portion of the porch
may be less than six feet deep; provided, that the front door is recessed by at least six feet.
(2) A front porch must be contiguous, with a width not less than 50 percent of the building
facade from which it projects. For the purposes of this section, the front building facade shall
not include that portion of the house containing an attached side-by-side garage.
(3) A front porch must be roofed and may be screened, but cannot be fully enclosed.
(4) A front porch may extend up to nine feet, including the steps, into a required front setback;
provided, that such extension is at least three feet from the vertical plane of any lot line.
(5) A front porch may not encroach into the public right-of-way.
SECTION 11. Section 20.127.150 is revised to read as follows:
20.127.150 Storefront block frontage standards.
(1) Description/Purpose. Storefront block frontages are the most vibrant and active shopping
and dining areas within the city and serve the purpose of attracting pedestrians to enliven the
streetscape. Blocks designated as storefront blocks include continuous storefronts placed along
the sidewalk edge with small scale shops and/or frequent business entries.
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Figure 20.127.150(1)
Storefront Vision and Key Standards
(2) Standards. All development as set forth in POMC 20.127.130 on sites containing a storefront
block frontage designation must comply with the following standards (on applicable block
frontages):
Table 20.127.150(2)
Storefront Block Frontage Standards
Element Standards Examples and Notes
Ground floor
Land use Nonresidential uses, except
for lobbies associated with
residential or hotel/motel
uses on upper floors.
Page 57 of 81
Table 20.127.150(2)
Storefront Block Frontage Standards
Element Standards Examples and Notes
Floor to ceiling height Refer to building type (applies
to new buildings only).
Retail space depth 20 feet minimum (applies to
new buildings only). ⇐
Building placement Required at front property
line/back edge of sidewalk.
Additional setbacks are
allowed for widened
sidewalks, pedestrian-
oriented space
(POMC 20.127.350(4)), or
where additional future right-
of-way acquisition is planned
by the city.
Building entrances Must face the street. For
corner buildings, entrances
may face the street corner.
Facade transparency 60 percent minimum. ⇐ Also see POMC 20.127.140 for additional
clarification on transparency standards.
Weather protection Weather protection with 8 to
15 feet vertical clearance at
least 6 feet in minimum depth
along at least 80 percent of
facade. ⇐
Retractable awnings may be
used to meet these
requirements.
Weather protection must not
obstruct utility poles or street
trees.
For downtown properties on Bay Street
and adjacent to the city-owned
marquee, new development may utilize
the existing marquee (subject to
approval by the public works director) or
new independent weather protection to
meet this provision.
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Table 20.127.150(2)
Storefront Block Frontage Standards
Element Standards Examples and Notes
Weather protection shall
comply with WSDOT
standards for setback from
the face of the curb and may
have the effect of reducing
the minimum weather
protection depth.
Parking location
Also see
Chapter 20.124 POMC
for related parking
requirements
New surface or ground level
parking areas must be placed
to the side or rear of
structures and are limited to
60 feet of street frontage. ⇐
Provide a 6-foot minimum
buffer of landscaping
between the street and off-
street parking areas meeting
the standards of
Chapter 20.128 POMC. ⇐
Sidewalk width 12 feet minimum between
curb edge and storefront,
including a minimum walking
surface width of 8 feet and a
clear/buffer zone with street
trees. ⇐
(3) Departure Criteria. Departures from the above standards that feature the ⇐ symbol will be
considered by the reviewing authority (the director or hearing examiner, as appropriate),
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provided the alternative proposal meets the purpose of the standards, plus the following
criteria:
(a) Retail Space Depth. Reduced depths will be considered where the applicant can
successfully demonstrate the proposed alternative design and configuration of the space
is viable for a variety of permitted retail uses;
(b) Facade Transparency. The proposed alternative design treatment of facade area
between ground level windows provides visual interest to the pedestrian and mitigates
impacts of any blank wall areas. No less than 40 percent of the facade between 30 inches
and 10 feet above the sidewalk may be approved with a departure;
(c) Weather Protection. Other proposed alternative design treatments must provide
equivalent weather protection benefits;
(d) Parking Location. There must be an acceptable tradeoff in terms of the amount and
quality of storefront area that is integrated with the development and the applicable
parking location departure. Plus, the alternative must include design features to
successfully mitigate the visual impact of additional parking areas along designated
storefront streets; and
(e) Sidewalk Width. Alternative designs may be considered where topographical
challenges exist. Alternative designs must be able to accommodate safe and comfortable
pedestrian traffic anticipated for full block development.
SECTION 12: Section 20.127.340 is revised to read as follows:
20.127.340 Vehicular circulation and parking.
The standards herein supplement the provisions of public works standards and
Chapter 20.124 POMC. Where there is a conflict, the provisions herein apply, except that the
public works director may override this requirement and apply the public works standard for a
driveway if the public works director finds that a failure to apply the public works standards will
result in a threat to public safety.
(1) Purpose.
(a) To create a safe, convenient, and efficient network for vehicle circulation and parking.
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(b) To enhance the visual character of interior access roads.
(c) To minimize conflicts with pedestrian circulation and activity.
(2) Driveway Provisions.
(a) Driveways must comply with the public works standards. Where there is a conflict
between the driveway provisions in this chapter and those in the public works standards,
the driveway provisions in this chapter apply, except that the public works director may
override this requirement and apply the public works standard for a driveway if the public
works director finds that a failure to apply the public works standards will result in a
threat to public safety.
(b) Drive aisles must meet the standards set forth in POMC 20.124.100, Off-street parking
design standards.
(c) Minimize parking lot entrances, drive aisles, and other vehicle access routes onto
private property from a public right-of-way through the following means:
(i) Driveway lanes crossing a public sidewalk must be no wider than the minimum
required per entry or exit lane. The city may impose additional restrictions to parking
lot and vehicle access points to reduce impacts to public safety, pedestrian
movement, on-street vehicle circulation, and visual qualities.
(ii) Minimize the number of driveway entrances and comply with the public works
standards for driveway entrances.
(iii) The reviewing authority may require joint drive aisles serving adjacent
developments when joint access is physically and legally available.
(iv) Minimize conflicts between entries and vehicle parking and maneuvering areas.
(v) At street corner sites, drive aisles must be located on the lowest classified
roadway and as close as practical to the property line most distant from the
intersection, unless the reviewing authority finds there is a compelling reason to the
contrary.
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(d) Port Orchard Boulevard Access. Access from Port Orchard Boulevard except for areas
with a designated block frontage as shown in the community design framework maps in
POMC 20.127.130 shall be prohibited.
(3) Intersite Connectivity. The provision of through vehicle access connections between
commercially or nonresidentially zoned properties is required except where the reviewing
authority determines it is infeasible or undesirable (e.g., where it is determined that such a
vehicle connection would impact safe pedestrian movement). See Article II of this chapter for
specific block frontage standards. Vehicle access may be in the form of a dedicated or private
alley, connected or shared parking lots, shared drive aisles, or similar features.
(4) Internal Roadway Design.
(a) To increase the function and appearance of internal roadways on large sites (greater
than two acres), street trees and sidewalks must be provided on all internal access
roadways, excepting access roads designed solely for the purpose of service (e.g., waste
pick-up) and loading.
(b) In some instances where traffic speed and volume are low, the reviewing authority
may approve a street where vehicle, bicycle and pedestrian movement are mixed such as
in a “woonerf” or “shared street.” Woonerf streets must feature traffic calming and safety
measures as well as landscape and amenity features as determined by the reviewing
authority.
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Figure 20.127.340(4)
Good Internal Roadway Examples
The examples above include angled parking and planter strips with street trees. Pedestrian-
scaled lighting also contributes to the character in the upper right image.
The above left image illustrates a thoroughfare lane with a row of street trees. A sidewalk is
included on one side of the street to provide a strategic connection between businesses.
The right image illustrates the curbless “woonerf” design where travel speeds are low and
lanes are shared between pedestrians and vehicles.
(c) Drive-Through Facilities. Where allowed, drive-through facilities (e.g., drive-up
windows) must comply with the following:
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(i) Drive-through lanes, including waiting and holding lanes, must be buffered from
the street and internal walkways by one or both of the following:
(A) A planting strip at least five feet wide with continuous plantings of
evergreen shrubs and/or trees that will, at maturity, provide a continuous
evergreen screen at least four feet tall.
(B) A wall at least three feet high constructed of brick, stone or siding materials
that matches the principal walls of the building.
Departure: Alternative screening schemes may be approved provided they include
both the wall and a substantial vegetative screen. The landscaping must comply with
Chapter 20.128 POMC.
(ii) Drive-through lanes must not restrict pedestrian access between a public
sidewalk and on-site buildings. Walkways must not be located within required
stacking space as set forth in the public works standards.
(iii) This section contains standards for drive-through lanes and facilities. Signs
associated with drive-through lanes are regulated under POMC 20.132.150(7).
SECTION 13: Section 20.160.190 is revised to read as follows:
20.160.190 Public notice.
(1) Whenever the city issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-
360(3), the city shall give public notice as follows:
(a) If public notice is required for a nonexempt license, the notice shall state whether a DS
or DNS has been issued and when comments are due;
(b) If no public notice is required for the permit or approval, the city shall give notice of
the DNS or DS in accordance with the requirements of Chapter 20.25 POMC, except that
for non-project actions as defined in WAC 197-11-774, the city shall give notice of the DNS
or DS in accordance with the requirements of WAC 197-11-510(1)(b) and (g).
(2) When the city issues a DS under WAC 197-11-360(3), the city shall state the scoping
procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice.
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(3) Whenever the city issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620,
notice of the availability of those documents shall be given by:
(a) Indicating the availability of the DEIS in any public notice required for a nonexempt
license; and in accordance with the requirements of Chapter 20.25 POMC.
(4) Whenever possible, the city shall integrate the public notice required under this section with
existing notice procedures for the city’s nonexempt permit(s) or approval(s) required for the
proposal.
(5) The city may require an applicant to complete the public notice requirements for the
applicant’s proposal at his/her expense.
SECTION 14: Section 20.162.072 is revised to read as follows:
20.162.072 Development standards.
Those regulated uses identified below within designated fish and wildlife habitat conservation
areas shall comply with the performance standards outlined in this section. Potential impacts to
fish and wildlife habitat conservation areas or their buffers shall be appropriately identified and
mitigated consistent with Article XII of this chapter.
(1) Buffers and Building Setbacks. Buffers or setbacks shall be maintained along the perimeter
of fish and wildlife habitat conservation areas, as listed in Table 5. Distances shall be measured
from the ordinary high water mark (OHM) or from the top of the bank where the OHM cannot
be identified. Buffers shall be retained in their natural condition. It is acceptable, however, to
enhance the buffer by planting indigenous vegetation, as approved by the department.
Alteration of buffer areas may be allowed for water-dependent and water-related activities
subject to the city’s shoreline master program (Chapter 20.164 POMC), and for development
authorized by POMC 20.162.034, Exceptions, POMC 20.162.032, Exemptions,
POMC 20.162.038, Nonconforming – Existing structures, or POMC 20.162.036, Variances. The
buffer width shall be increased to include streamside wetlands which provide overflow storage
for stormwaters, feed water back to the stream during low flows or provide shelter and food
for fish. In braided channels, the ordinary high water mark or top of bank shall be defined so as
to include the entire stream feature. Refuse shall not be placed in buffers.
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Table 5
CATEGORY BUFFER
WIDTH
STANDARD
MINIMUM
BUILDING
SETBACK
OTHER DEVELOPMENT STANDARDS
Streams
Water Type For minor new development the department may reduce
the buffer width by up to 25 percent through an
administrative buffer reduction process when review
with the Washington State Department of Fish and
Wildlife determines that conditions are sufficient to
protect the affected habitat. The buffer shall not be less
than 25 feet. Where applicable, refer to the
development standards in this chapter. Where such
features occur on a site, the more restrictive buffer or
building setback will apply.
F 150 feet 15 feet
beyond
buffer
Np 50 feet 15 feet
beyond
buffer
Ns 50 feet 15 feet
beyond
buffer
Lakes – Less Than 20 Acres (Non-Type 1 Waters of the State)
Zoning
Designation
Where applicable, refer to the development standards in
this chapter. Where such features occur on a site, the
more restrictive buffer or building setback will apply. Community
Facilities
None 50 feet
Commercial,
Mixed Use
None 50 feet
Employment None 50 feet
Greenbelt,
Residential
None 35 feet
Wildlife Habitat Conservation Areas
Class I Buffer widths and setbacks will be determined through mandatory habitat plan.
Class II Site-specific conditions will determine the need for the preparation of a habitat
plan for buffer widths and setbacks.
SECTION 15. 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
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unconstitutionality shall not affect the validity of constitutionality of any other section, sentence,
clause or phrase of this ordinance.
SECTION 16. 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 17. 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 27th day of October 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:
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7D Meeting Date: October 27, 2020
Subject: Approval of an Interlocal Agreement with the Prepared by: M. Brown
South Kitsap School District for the School Chief of Police
Resource Officer Program Atty Routing No.: N/A
Atty Review Date: N/A
Summary: This is an updated Interlocal Agreement between the City of Port Orchard and the South Kitsap
School District to maintain the school resource officer program for the 2020-2021 school year. The school
district is currently on a remote learning plan and has requested the school resource officer remain dedicated
to the school for twenty hours per week. When the school district goes to a hybrid or full-time session, the
school resource officer will be dedicated to the school for forty hours per week.
This ILA covers continued service to the South Kitsap School District.
Recommendation: Staff recommends the Council approve the ILA between the South Kitsap School District
and the City of Port Orchard for the 2020-2021 school year.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to authorize the Mayor to sign the ILA between the South Kitsap School
District and the City of Port Orchard for the 2020-2021 school year.
Fiscal Impact: Total initial funding from SKSD to the City of Port Orchard will be $41,718.88. Should the
district cease the remote phase of the school year, and the SRO becomes assigned full-time, the parties will
pro-rate the remaining fees associated with the assignment.
Alternatives: Not approve the ILA and provide additional guidance.
Attachments: 2020-2021 ILA between the South Kitsap School District and City of Port Orchard and the Port
Orchard Police Department for the School Resource Officer Program.
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INTERLOCAL AGREEMENT BETWEEN
SOUTH KITSAP SCHOOL DISTRICT
and
CITY OF PORT ORCHARD AND THE PORT
ORCHARD POLICE DEPARTMENT
for THE SCHOOL RESOURCE OFFICER PROGRAM
THIS AGREEMENT is made and entered into this 4th day of September, 2020 by and between the South Kitsap School District, hereinafter referred to as SKSD, and the City of Port Orchard by and through the Port Orchard Police Department, hereinafter referred to as POPD.
Whereas, POPD is the law enforcement agency principally responsible to provide police
services to the SKSD schools located within the City of Port Orchard and entering into this
agreement will assist in providing additional law enforcement services to those schools;
Whereas, SKSD provides for the partnership between SKSD and POPD, to provide School
Resource Officers on SKSD campuses;
Whereas, as authorized by chapter 39.34 RCW, SKSD and POPD are entering into an
interlocal agreement for 2020/2021;
NOW, THEREFORE, in consideration of the mutual representations and covenants set
forth herein, the parties hereby agree as follows:
SECTION 1. Purpose
The purpose of this Agreement is to increase the security and school-building safety of South
Kitsap High School and Cedar Heights Middle School and Sidney Glen Elementary School
through funding necessary to permit assignment by POPD of a full-time experienced
commissioned POPD officer on a full-time basis to SKSD during the regular school year. However,
the officer will only be half-time during the time that the school district is educating students
remotely.
SECTION 2. Duties of the SRO
POPD will assign a uniformed officer to South Kitsap High School, Cedar Heights Middle School
and Sidney Glen Elementary School, hereinafter referred to as a School Resource Officer or SRO,
to promote safety and serve as a positive resource to South Kitsap High School, Cedar Heights
Middle School, Sidney Glen Elementary School and surrounding neighborhoods. The duties and
responsibilities of the SRO include, but are not limited to, the following:
Patrol South Kitsap High School, Cedar Heights Middle School, Sidney Glen Elementary School
and surrounding areas in order to identify, investigate, deter and prevent crimes, especially those
incidents involving weapons, youth violence, harassment, gang involvement, drugs or similar
activities;
Act as a liaison between the SKSD administrators and POPD;
Wear the official police uniform, including a firearm, with civilian attire being worn on such
occasions as may be mutually agreed upon by the school district, the SRO, and his immediate
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supervisor;
Establish and maintain a working rapport with the school administration and staff;
Provide school-based security during the regular school day and assist in the promotion of a safe
and orderly environment at SKSD. (The SRO, however, shall not act as a disciplinarian. If the SRO
is confronted with a non-criminal violation such as a school rule violation, the SRO may refer the
matter to school administration);
Assist in mediating disputes on campuses, including working with students to help them solve
disputes in a non-violent manner;
Act as a resource person in the area of law-enforcement education at the request of staff, speaking
to classes on the law, search and seizure, drugs, motor vehicle laws, etc;
Maintain an activity log, to include all SRO activities such as meetings, conferences, extra-
curricular activities, events, arrests, investigations, and training;
Provide a monthly report to POPD and the SKSD; and
Perform other duties as mutually agreed upon by the SKSD, the SRO, and the SRO's immediate
supervisor provided that the duty is legitimately and reasonably related to the SRO program as
described in this Agreement and is consistent with Federal and State law; local ordinances; and
POPD and SKSD policies, procedures, rules and regulations.
SECTION 3. Office Space, Supplies and Parking Space
SKSD shall provide the following for the SRO's use:
A private space, with sufficient lighting and heat, within South Kitsap High School and Cedar
Heights Middle School to be used by the SRO for general office purposes;
Necessary office supplies, including but not limited to, a locking cabinet, a desk, and a phone; and
a police parking space.
SECTION 4. Supervision of the SRO
The SRO shall remain an employee of POPD and shall not be an employee of SKSD. The SRO
shall remain responsive to the supervision and chain of command of POPD. POPD shall remain
solely responsible for the SRO's hiring, training, discipline, or dismissal. Any allegation of
improper conduct shall be referred to the SRO's immediate supervisor, Deputy Chief, or directly to
the Chief of Police.
SECTION 5. Scheduling of the SRO
POPD agrees to assign an SRO on a Half-time basis to SKSD during the remote phase of the school
year (does not include summer school term). Half-time basis shall mean an assignment of four hours
per day during regularly scheduled school hours less any scheduled vacation time, sick time,
training time, court time, or any other police-related activity, including any emergencies such as
civil disasters. The SRO will not take vacation time while school is in session unless approved by
POPD. On scheduled workdays when school is not in session, the SRO will work as assigned by
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POPD. When SKSD returns to a hybrid model or regular model of instruction at a secondary school
(i.e., Cedar Heights and/or South Kitsap High School) the SRO will return to full time. Notice of
this change will be provided to the POPD no later than 30 days prior to the request. During days
when school is in session, the SRO will not be assigned by the City to duties other than those set
forth herein, except for required Departmental training or in response to emergency situations, as
determined by the sole discretion of the Chief of Police or his designee, necessitating the response
of additional police personnel.
SECTION 6. Overtime Hours
The SRO may not work overtime hours without the prior approval of POPD. Overtime work
will be paid in accordance with POPD policies.
SECTION 7. Selection of SRO
POPD will select the SRO after consultation with SKSD. Factors which POPD shall consider
during the selection process include the following:
The SRO must be capable of conveying a positive police presence on the school, campus and in
the community.
The SRO must have the ability to be a positive resource to the school, staff, students, parents,
and residents in the surrounding neighborhood.
The SRO must agree to attend any necessary training schools or classes that are needed to
increase his/her skills for the position.
SRO assignment vacancies will be filled in accordance with this Section and within department
policies and collective bargaining agreements.
SECTION 8. Removal of SRO
In the event the SKSD administration has cause to believe that the particular SRO is not
effectively performing in accordance with this Agreement, the Superintendent may
recommend in writing to POPD that the SRO be removed from the program. Within ten
business days after receiving the recommendations, the Superintendent or his/her designate
will meet with the Chief of Police or his/her designate to discuss the recommendation. If the
problem cannot be resolved in the opinion of both the Superintendent and the Chief of Police,
or their designees, then the SRO shall be removed from the program and a replacement SRO
will be selected in accordance with this Agreement. The selection process shall not exceed 30
days.
SECTION 9. Funding
In consideration of POPD's assignment of the SRO to SKSD, SKSD agrees to pay the sum of
$41,718.88 (Forty-one thousand seven hundred eighteen dollars and eighty-eight cents), provided
the amount owed shall be prorated while the SRO is in half-time status under this agreement. The
parties understand and acknowledge that the sums provided under this agreement do not
completely fund the position of a full-time officer and the POPD reserves the right to assign the
officer to other police functions in the event of an emergent need, including but not limited to
civil unrest or natural emergency. By way of illustration and not limitation, the SRO could be
called out in order to deal with a developing police emergency in Kitsap County, returning to
South Kitsap Schools at the conclusion of the emergency situation.
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SECTION 10. No Third-Party Rights
The establishment of this program and the execution of this Agreement shall create no third-party rights.
In particular, the parties agree by establishing this program, that no past practice has been created with
respect to duty assignment, the maintenance of the program, or to otherwise limit the management
discretion of POPD under it collective bargaining agreement. This Agreement further shall not create
any third-party rights to the officer assigned or any other officer of the Port Orchard Police Department,
to the citizens of Port Orchard, or to any other person.
SECTION 11. Insurance and Indemnification
The parties shall separately maintain their own appropriate liability and casualty insurance policies
as they, in their sole discretion, deem appropriate. The parries further agree that no indemnification
shall be provided for except as specifically set forth below and that the respective liability of the
parries to each other and to third persons shall be determined in accordance with the laws of the
State of Washington. SKSD will protect, defend, indemnify and hold harmless POPD, its officers,
employees, or agents from any and all costs, claims, judgments or awards of damage arising out of
or in any way resulting from negligent acts or omissions of SKSD, its officers, employees or agents.
POPD will protect, defend, indemnify and hold harmless SKSD, its officers, employees or agents
from any and all costs, claims, judgments or awards or damage arising out of or in any way resulting
from negligent acts or omissions of POPD, its officers, employees or agents. In the event of
concurrent liability, the Parties shall have the right of contribution in proportion to the respective
liability of each party. Nothing contained in this Section shall be deemed to waive immunities
established pursuant to State Statute or to create third-party rights or immunities.
SECTION 12. Independent Contractor Status of POPD
Both parties understand and agree that POPD is acting hereunder as an independent
contractor, with the following intended results:
Control of personnel, standards of performance, discipline and other aspects of the performance
of the SRO shall be governed entirely by POPD;
All persons rendering services hereunder shall be for all purposes employees of POPD;
All liabilities for salaries or wages or any other compensation shall be the responsibility of POPD.
SECTION 13. SKSD Responsibility for Safety and Security
Both parties understand and agree that SKSD retains its legal responsibility for the safety and
security of the school district, its employees, students, and property and that this Agreement does
not alter that responsibility. The SRO shall comply with all SKSD requirements for COVID-19
screening and prevention while performing services pursuant to this Agreement.
SECTION 14. Term of the Agreement
The Agreement shall be effective commencing September 9, 2020, and expire on June 12, 2021,
unless mutually extended by the parties in writing. Upon expiration of the Agreement, all
equipment furnished by POPD shall remain the sole property of POPD, and any facilities, office
equipment, or other material support provided by SKSD shall remain the sole property of SKSD.
This Agreement may be terminated by SKSD or POPD, effective at the end of any school year, by
giving to the other party notice of termination at least 60 days before the end of the school year.
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SECTION 15. Interviews and Attest Procedures
If the SRO plans to interview the suspects or victims of crime, the SRO, to the extent practicable,
will advise the Principal or his/her designate and work with the Principal or his/her designate to
minimize the disruption to the school and other students. SKSD employees will make parental
notification of such interviews in accordance with policy established in SKSD regulations and
applicable laws. The Principal or Principal’s designees may request to the SRO to be present during
the interview of a student. If permitted, the Principal or his/her designee will be present solely as
an observer of the interview and not a participant therein. The presence of an SKSD employee at
an interview of a student regarding a criminal matter shall make said employee subject to subpoena
as a witness thereto. In the event the SRO arrests a student at an SKSD school, the SRO shall notify
the Principal or his/her designate as soon thereafter as practical. In the event the arrested student is
a juvenile, POPD will notify the parents or legal guardian pursuant to POPD policy and procedure.
SKSD may also make notifications as may be necessary under its own guidelines.
SECTION 16. Release of Student Information
Upon request by POPD, SKSD will provide directory information relating to its students, which
is allowable under SKSD policy and State and Federal law.
SECTION 17. Police Reports
The SRO shall not provide SKSD with police reports except as allowed by Washington State law
and/or POPD policies and procedures.
SECTION 18. Modification. Either party may, in writing, request changes in the Agreement.
Except as otherwise provided herein, aAny and all agreed modifications shall be in writing, signed by
each of the parties and affixed to this Agreement.
SECTION 19. Venue and Governing Law. In the event of litigation arising out of any of the terms
of this Agreement, the venue of such action of litigation shall be in the courts of the State of
Washington, County of Kitsap. This Agreement shall be governed by the law of the State of
Washington.
SECTION 20. No Joint Venture or Separate Entity Created. No joint venture or partnership is
formed as a result of this Agreement, and no separate legal entity is formed hereby. The employees
or agents of each Party who are engaged in the performance of this Agreement shall continue to be
employees or agents of that Party subject to the policies, procedures and control of that Party, and
shall not be considered for any purpose to be employees or agents of the other Party.
SECTION 21. Entire Agreement. This written Agreement represents the entire agreement between
the parties and supersedes any prior oral statements, discussions, or understanding between the
parties.
SECTION 22. Counterpart Originals. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute one
and the same instrument.
SECTION 18. Authorization
By resolution or ordinance or otherwise pursuant to law, the governing bodies of the parties
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listed below have authorized their respective designated officials to execute this agreement on
their behalf.
SUPERINTENDENT
TIM WINTER SOUTH KITSAP SCHOOL DISTRICT
MATTHEW BROWN
CHIEF OF POLICE
CITY OF PORT ORCHARD
ROBERT PUTAANSUU
MAYOR
CITY OF PORT ORCHARD
ATTEST:
BRANDY RINEARSON
CITY CLERK
CITY OF PORT ORCHARD
APPROVED AS TO FORM:
CHARLOTTE ARCHER
CITY ATTORNEY
CITY OF PORT ORCHARD
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7E Meeting Date: October 27, 2020
Subject: Approval of a Memorandum of Understanding Prepared by: D. Lund
with the Police Guild Representing Patrol HR Coordinator
Regarding Starting Pay of Lateral Police Officer Atty Routing No.: Matter 8 - HR
Applicants Atty Review Date: October 21, 2020
Summary: The Police Department has several current vacancies for Patrol Officer. There are also a large number
of law enforcement officers looking to make a lateral transfer to agencies such as ours. When recruiting qualified
lateral applicants, the City must be competitive in salary and benefits. The current Collective Bargaining
Agreement between the City and the Guild representing Patrol Officers did not address placement on the wage
scale for experienced officers. The current hourly wage scale is:
Recommendation: After consultation with the Guild representing Patrol Officers, staff recommends approval
of the attached Memorandum of Understanding to allow the Police Department to offer qualified candidates
a starting rate of pay commiserate with their experience and qualifications.
Relationship to Comprehensive Plan: N/A
Motion for consideration: “I move to authorize the Mayor to sign a Memorandum of Understanding with the
Police Guild representing Patrol Officers to revise the language in Article 8.1 of the bargaining agreement
related to starting pay.”
Fiscal Impact: Negligible.
Alternatives: Do not approve the MOU and provide alternative guidance.
Attachments: None. (The MOU is not a public document until approved by Council and signed by the parties;
they are, therefore, not attached).
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City of Port Orchard
Council Meeting Minutes
Regular Meeting of October 13, 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 Absent
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 at Home, Stay Safe order, the City Council
will be conducting the meeting via Zoom this evening.
A. PLEDGE OF ALLEGIANCE
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
2. APPROVAL OF AGENDA
MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi to approve the agenda
as published.
The motion carried.
3. CITIZENS COMMENTS
There were no citizen comments.
4. CONSENT AGENDA
A. Approval of Voucher Nos. 80539 through 80589 and 80593 through 80700, including bank drafts
in the amount of $1,141.935.14 and EFT’s in the amount of $20,522.57 totaling $1,162,457.71.
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B. Approval of Payroll Check Nos. 80590 through 80592 including bank drafts and EFT’s in the
amount of $129,050.98; and Direct Deposits in the amount of $184,273.33 totaling $313,324.31.
C. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 10.12 Establishing
Regulations and Fees Related to Parking, Stopping, and Standing in Certain Areas of the City
(Ordinance No. 026-20)
D. Ratification of Mayor’s Signature on Grant No. GVL24702 with DOH for the McCormick
Woods/Port Orchard Water Systems Consolidation Study
E. Approval of a Contract with Lakewood Police Department for Facility Use of the City’s Firearms
Range (Contract No. 077-20)
F. Approval of the September 15, 2020, Council Work Study Session Meeting Minutes
G. Excusal of Councilmember Rosapepe Due to Personal Obligations
MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to approve the
consent agenda as presented.
The motion carried.
5. PRESENTATION
A. Revenue Sources
Finance Director Crocker provided a presentation on 2021 revenue sources and the 2020 biennial
budget calendar, noting there is an all-day department director budget presentation to the Finance
Committee on October 28.
6. PUBLIC HEARING
A. Adoption of an Ordinance Proposing Revisions to Port Orchard Municipal Code Chapter 3.48
Multifamily Property Tax Exemption
Mayor Putaansuu opened the public hearing, and there being no testimony, closed the public
hearing at 7:05 p.m.
7. BUSINESS ITEMS
A. Adoption of an Ordinance Revising Port Orchard Municipal Code Chapter 3.48 Multifamily Tax
Property Tax Exemption
MOTION: By Councilmember Diener, seconded by Councilmember Ashby, to adopt an ordinance
adopting revisions to Port Orchard Municipal Code Chapter 3.48.
The motion carried.
(Ordinance No. 029-20)
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B. Adoption of an Ordinance Adopting Amendments to Port Orchard Municipal Code Chapter
20.26 Development Agreements
MAIN MOTION: By Councilmember Diener, seconded by Councilmember Ashby, to adopt an
ordinance adopting amendments to Chapter 20.26 Port Orchard Municipal Code.
Councilmember Diener asked if section 20.26.060, should be modified to read ‘The decision of the
city council to approve or reject a request for a development agreement including any subsequent
extensions shall be a discretionary legislative act…’
Development Director Bond responded if we are going to talk about extensions, we should also talk
about amendments; ‘The decision of the city council to approve or reject a request for a development
agreement including an amendment or extension shall be discretionary…’ He offered to work with
the city attorney on the language.
AMENDED MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to revise
20.26.060 to read ‘The decision of the city council to approve or reject a request for a development
agreement including any subsequent amendments or extensions shall be a discretionary legislative
act and an exercise of the city’s police power and contract authority’.
The amended motion carried.
The main motion carried.
(Ordinance No. 030-20)
C. Adoption of a Resolution Approving a Contract with the South Kitsap School District for
COVID-19 Relief
MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to adopt a resolution
declaring a public purpose, authorizing a grant award to the South Kitsap School District for COVID-
19 relief, and authorizing the Mayor to execute an agreement with the District in a form acceptable
to the City Attorney.
The motion carried.
(Resolution No. 047-20 and Contract No. 079-20)
D. Adoption of a Resolution Approving an Amendment to Contract No. 060-20 with the
Department of Commerce Related to the COVID-19 CARES Act Funds
MOTION: By Councilmember Diener, seconded by Councilmember Cucciardi, to adopt a Resolution
authorizing the Mayor to enter into the amendment to the Interagency Agreement with
Department of Commerce, related to the COVID-19 CARES Act Funds for Local Governments in
Washington State.
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The motion carried.
(Resolution No. 048-20)
E. Adoption of a Resolution Amending Resolution No. 029-20 to Increase the Total Amount of
Available Grant Funding, and to Approve an Amendment to Contract No. 063-20 with the Kitsap
Economic Development Alliance for Administration of the Port Orchard CARES Small Business
Relief Grant Program
MOTION: By Councilmember Cucciardi, seconded by Councilmember Ashby, to adopt a resolution
amending the Port Orchard Cares, Small Business Relief Grant Program to increase the total amount
of available grant funding, authorizing the Mayor to implement the Program as amended, and
authorizing the Mayor to execute an amended contract with the Kitsap Economic Development
Alliance for the administration of the Program.
The motion carried.
(Resolution No. 049-20)
F. Adoption of a Resolution Approving a Contract with Rice Fergus Miller for the 2020-2021
Schematic Design (30%) City Hall Improvement Project
MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to adopt Resolution
No. 041-20, thereby approving Contract No. C075-20 with Rice Fergus Miller, Inc. for the 2020-2021
Schematic (30%) City Hall Improvement Project in the amount of $106,500 and documenting the
Professional Services procurement procedures.
The motion carried.
(Resolution No. 041-20 and Contract No. 075-20)
G. Approval of the September 22, 2020, Council Meeting Minutes
MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to approve the minutes
as published.
The motion carried.
8. DISCUSSION ITEMS (No Action to be Taken)
A. Biennial Budget
Mayor Putaansuu noted the biennial budget was discussed earlier this evening.
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Council Direction: No direction was given to staff.
9. REPORTS OF COUNCIL COMMITTEES
Councilmember Clauson reported on the October 5th Finance Committee meeting.
Mayor Putaansuu reported the Economic Development and Tourism Committee meeting is
scheduled for October 26th. The Utilities Committee meeting is scheduled for October 20th. The
Transportation Committee meeting is scheduled for October 27th.
Councilmember Lucarelli reported the Sewer Advisory Committee meeting is scheduled for
November 18th. She also reported on the Festival of Chimes and Lights event. The next Festival of
Chimes and Lights meeting is scheduled for next week [October 19th].
Councilmember Diener reported on the October 7th Land Use Committee meeting.
City Clerk Rinearson reported on lodging tax applications and pending committee meeting dates.
Mayor Putaansuu reported on the Kitsap Transit meetings, Gorst Coalition meeting, and KRCC [Kitsap
Regional Coordinating Council] meetings.
Councilmember Ashby reported the Legislative Reception will be held through Zoom and reported
on the PRTPO [Peninsula Regional Transportation Planning Organization].
Councilmember Clauson spoke to the Gorst Coalition and project.
10. REPORT OF MAYOR
Mayor Putaansuu reported on the following:
• South Kitsap Community Event Center survey;
• Police resident vacation requests;
• Bay Street Pedestrian Pathway; and
• Building Inspector and Code Enforcement officer positions.
11. REPORT OF DEPARTMENT HEADS
Community Development Director Bond reported on the community event center project and
building inspector and code enforcement positions.
Police Chief Brown reported on accreditation, Strategic Advisory Board, and a Community Advisory
Board.
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City Attorney Archer reported the Governor extended the proclamation with regards to the Open
Public Meetings Act and Public Records Act suspensions to November 9th and prohibition on
disconnection of utility fees. Opening of City Hall is suspended until we are in Phase 3.
City Clerk Rinearson reported on the public electronic records portal and spoke to the AWC/RMSA
[Association of Washington Cities/Risk Management Service Agency] meeting she attended.
12. CITIZEN COMMENTS
There were no citizen comments.
13. EXECUTIVE SESSION
There was no executive session.
14. ADJOURNMENT
The meeting adjourned at 8:13 p.m. No other action was taken. Audio/Visual was successful.
Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor
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