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08/17/2010 - Work Study - PacketCITY OF PORT ORCHARD Mayor: Lary Coppola Administrative Official Councilmembers: Fred Chang Chair: LTAC Staff: Clerk's Office Tourism Committee Public Property Committee Jerry Childs Chair: Tourism Committee Staff: Clerk's Office Finance Committee John Clauson Chair: Finance Committee Staff: City Treasurer Utilities/SAC Committee Kitsap County Health Jim Colebank Tourism Committee KRCC/PSRC/KEDA/PRTPO Fred Olin Chair: Public Property Committee Staff: Planning Department Utilities/SAC Committee Carolyn Powers Public Property Committee KRCC/TransPol Rob Putaansuu Chair: Utilities Committee Staff: Public Works Department Finance Committee Kitsap Housing Authority SAC Committee Department Director: Patti Kirkpatrick, CMC Administrative Services City Clerk Allan Martin City Treasurer Debbie Hunt Court Administrator James Weaver Development Director Al Townsend Police Chief Mark Dorsey, P.E. Public Works Director City Engineer Contact us: 216 Prospect Street Port Orchard, WA 98366 (36o)876-4407 WORK STUDY SESSION AGENDA August 17, 2010 i. City Clerk Discussion Items: A. Personnel Policy Revisions B. Amendment No. 1 to Kitsap Regional Library Contract Estimated discussion time: 15 Minutes 2. Mayor Discussion Items: A. Website Upgrades and Social Media B. City's Facility Upgrades C. National Arbor Day Foundation Request Estimated discussion time: 20 Minutes 3. Planning Director Discussion Items: A. Veteran's Memorial Wall B. 2010 Comp Plan Update C. County -Wide Planning Policy Updates D. McCormick Woods Developer Park Plan Estimated discussion time: 30 Minutes 4. Public Works Director Discussion Items: A. Boat Launch (Dekalb Pier/Water Street Ramp) B. Tremont Street Lighting C. WaterPak and USGS Groundwater Survey Estimated discussion time: 30 Minutes 5. Council Review of Goals and Objectives Estimated discussion time: 30 Minutes FUTURE DISCUSSION ITEMS (Please advise City Clerk when an item needs to move to the next work study session agenda): Financial Plan Annexation Priorities Economic Revitalization and Tourism Parking Garage Parks Chain Parking Design Review Board Council Budget Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned Meeting materials are available on the City's website: www.cityofportorchard.us or by contacting the City Clerk's Office, 36o.876.4407 August 17, 2010, Work Study Session Agenda Page 1 of 1 CITY OF PORT ORCHARD PERSONNEL POLICIES MANUAL Table of Contents SECTION PAGE CHAPTER 1. PURPOSE AND SCOPE............................................................................ 1 1.1 INTRODUCTION................................................................................................1 1.2 PURPOSE.............................................................................................................1 1.3 SCOPE OF POLICIES.........................................................................................1 1.4 CITY'S RIGHT TO MODIFY THESE POLICIES.............................................2 CHAPTER 2. GENERAL POLICIES AND PRACTICES ............................................... 3 2.1 EQUAL EMPLOYMENT OPPORTUNITY POLICY........................................3 2.2 LIFE THREATENING AND/OR SERIOUS ILLNESS/CONDITION POLICY................................................................................................................3 2.3 ANTI -HARASSMENT AND ANTI -DISCRIMINATION POLICY ..................4 2.4 ELIGIBLITY FOR EMPLOYMENT...................................................................8 2.5 EMPLOYEE PERSONNEL RECORDS..............................................................9 2.6 REFERENCE AND INFORMATION REQUESTS..........................................10 CHAPTER 3. HIRING.................................................................................................... 11 3.1 RECRUITMENT................................................................................................11 3.2 NEW HIRE SELECTION..................................................................................11 3.3 INTRODUCTORY PERIOD..............................................................................12 3.4 ORIENTATION.................................................................................................12 3.5 EMPLOYMENT OF FAMILY MEMBERS......................................................12 3.6 TEMPORARY EMPLOYEES...........................................................................13 3.7 VOLUNTEERS..................................................................................................13 3.8 COMMUNITY SERVICES WORKERS AND OTHER COURT REFERRALS......................................................................................................13 3.9 USE OF CONTRACT OR SPECIAL SERVICES.............................................13 CHAPTER 4. HOURS AND ATTENDANCE............................................................... 15 4.1 WORKING HOURS...........................................................................................15 4.2 ATTENDANCE..................................................................................................15 4.3 REPORTING WORK HOURS..........................................................................16 4.4 UNUSUAL WEATHER CONDITIONS...........................................................16 4.5 BREAKS AND MEAL PERIODS FOR NON-EXEMPT EMPLOYEES ......... 16 4.6 PAYROLL RECORDS.......................................................................................17 CHAPTER 5. COMPENSATION................................................................................... 18 5.1 EMPLOYEE PAY RATES.................................................................................18 Personnel Policies Manual Page i 5.2 EMPLOYEE CLASSIFICATIONS....................................................................18 5.3 JOB SHARING...................................................................................................18 5.4 PAYDAYS..........................................................................................................19 5.5 DESIGNATED WORK WEEK.........................................................................19 5.6 TIMEKEEPING REQUIREMENTS..................................................................19 5.7 DEDUCTIONS...................................................................................................20 5.8 ELIGIBILITY FOR OVERTIME.......................................................................20 5.9 COMPENSATORY TIME.................................................................................21 5.10 COMPENSATION UPON TERMINATION....................................................21 5.11 EXIT INTERVIEWS..........................................................................................22 5.12 POLICY PROHIBITING IMPROPER DEDUCTIONS FROM EMPLOYEE PAYCHECKS..............................................................................22 CHAPTER 6. PERFORMANCE EVALUATIONS AND TRAINING ......................... 23 6.1 PERFORMANCE EVALUATIONS..................................................................23 6.2 TRAINING AND EDUCATION.......................................................................23 6.3 EMPLOYEE SPECIAL TRAINING OBLIGATIONS......................................23 6.4 EDUCATIONAL ASSISTANCE PROGRAM FOR NON -UNION CITY EMPLOYEES.....................................................................................................24 6.4.1 Eligibility......................................................................................................... 24 6.4.2 Educational Incentive Pay................................................................................ 24 6.4.3 Tuition Reimbursement.................................................................................... 25 CHAPTER 7. BENEFITS................................................................................................ 27 7.1 RETIREMENT BENEFITS................................................................................27 7.2 WORKERS' COMPENSATION.......................................................................27 7.3 HEALTH INSURANCE BENEFITS.................................................................29 7.4 CONTINUATION OF INSURANCE COVERAGE.........................................30 7.5 EMPLOYEE ASSISTANCE PROGRAM.........................................................31 CHAPTER 8. LEAVE........................................................................................ 8.1 VACATION LEAVE............................................................................ 8.2 LEAVE SHARING............................................................................... 8.3 PERSONAL HOLIDAYS.................................................................... 8.4 SICK LEAVE....................................................................................... 8.5 LEAVE WITHOUT PAY..................................................................... 8.6 JURY AND WITNESS LEAVE.......................................................... 8.7 DOMESTIC VIOLENCE LEAVE ....................................................... 8.8 ADMINISTRATIVE LEAVE.............................................................. 8.9 MILITARY LEAVE............................................................................. 8.10 HOLIDAYS.......................................................................................... 8.11 RELIGIOUS HOLIDAYS.................................................................... 8.12 THE FEDERAL FAMILY AND MEDICAL LEAVE ACT OF 1993 (FMLA) AND RELATED LEAVE UNDER WASHINGTON LAW. Personnel Policies Manual Page ii ........... 32 ............32 ............33 ............35 ............36 ............38 ............39 ............40 ............40 ............40 ............41 ............42 .............42 CHAPTER 9. CITY PROPERTY AND PUBLIC RECORDS ....................................... 51 9.1 ISSUANCE, USE, AND RETURN OF CITY PROPERTY..............................51 9.2 USE OF CITY ISSUED CELL PHONES..........................................................51 9.3 GENERAL POLICY REGARDING USE OF THE CITY'S RESOURCES.....................................................................................................52 9.4 EMPLOYEE'S RESPONSIBILITY FOR CITY ISSUED EQUIPMENT ........56 9.5 USE OF CITY VEHICLES................................................................................56 9.6 USE OF PERSONAL VEHICLES.....................................................................58 9.7 USE OF CITY CREDIT CARDS.......................................................................58 9.8 EMPLOYEE REIMBURSEMENT OF EXPENSES.........................................59 9.9 PUBLIC RECORDS REQUESTS......................................................................66 9.10 PUBLIC RECORDS RETENTION...................................................................66 CHAPTER 10. EMPLOYEE RESPONSIBILITIES AND CONDUCT ......................... 68 10.1 GENERAL CODE OF CONDUCT....................................................................68 10.2 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST ....................70 10.3 PROHIBITION OF WORKPLACE VIOLENCE..............................................72 10.4 CONFIDENTIALITY OF BUSINESS INFORMATION..................................72 10.5 CONDUCT TOWARD CO-WORKERS AND THE PUBLIC ..........................73 10.6 NO SMOKING POLICY....................................................................................73 10.7 PERSONAL POSSESSIONS AND USE OF CITY VEHICLES AND EQUIPMENT.....................................................................................................73 10.8 CONTACT WITH THE NEWS MEDIA...........................................................74 10.9 SEAT BELT AND DRIVER/EQUIPMENT OPERATOR SAFETY ...............74 10.10 SAFETY COMMITTEE.....................................................................................75 10.11 DRIVER'S LICENSE REQUIREMENTS.........................................................75 10.12 POLITICAL ACTIVITIES.................................................................................75 10.13 SOLICITATION.................................................................................................75 10.14 ACCIDENT PREVENTION AND SAFETY....................................................75 10.15 SUBSTANCE ABUSE.......................................................................................77 10.16 PROFESSIONAL ATTIRE POLICY.................................................................82 CHAPTER 11. IMPROPER GOVERNMENTAL ACTION POLICY .......................... 83 11.1 REPORTING IMPROPER GOVERNMENTAL ACTION...............................83 CHAPTER 12. OTHER EMPLOYMENT PRACTICES AND POLICIES ................... 89 12.1 OPEN COMMUNICATIONS POLICY.............................................................89 12.2 REDUCTIONS IN FORCE................................................................................89 12.3 REHIRE POLICY...............................................................................................89 CHAPTER 13. EMPLOYEE RECOGNITION AND WELLNESS ............................... 90 13.1 EMPLOYEE WELLNESS.................................................................................90 13.2 EMPLOYEE RECOGNITION PROGRAM......................................................90 ACKNOWLEDGMENT OF RECEIPT OF THE CITY OF PORT ORCHARD'S PERSONNEL POLICIES MANUAL.............................................................................. 91 Personnel Policies Manual Page iii CHAPTER 1. PURPOSE AND SCOPE 1.1 INTRODUCTION The City of Port Orchard places a high value on our employees and their well- being. The City believes that when the terms and conditions of employment are known and communicated to all, employee job satisfaction is increased. These policies have been prepared to help employees better understand how the City operates and what is expected of employees. Employees are encouraged to ask their supervisor or Department Director any questions they may have regarding interpretation of these policies. The policies serve a variety of objectives including clear communication to employees, guidance to managers and ensuring the public services rendered in positions within the City are performed to a high standard. fw4mm11 7' 91" IMPORTANT: PLEASE READ These personnel policies serve as a general informational guide to the City of Port Orchard's current employment practices and procedures. As a result, these policies are general guidelines only, not promises of specific treatment in specific situations. These personnel policies are not intended to be nor should they be construed as a contract, express or implied, or as a guarantee of employment for any specific duration. Unless specific rights are granted to you in an individual employment contract, collective bargaining agreement or Civil Service rules, all employees of the City of Port Orchard are considered at -will employees and may be terminated from the City of Port Orchard's employment at any time, with or without cause subject to applicable law. No supervisor, Department Director or representative of the City of Port Orchard has the authority to enter into any agreement with an individual employee for employment for any specified period or to make any written or verbal commitments contrary to the foregoing, unless such agreement is in a written employment contract signed by the Mayor, with appropriate authorization of the Council. 1.3 SCOPE OF POLICIES These personnel policies apply to all City employees. In cases where these policies conflict with the provisions of a collective bargaining agreement, employment agreement, Civil Service rules or laws, or other laws, the provisions of that law or agreement shall govern. In all other cases, these policies shall govern (the sole exception is that the Police Department's General Orders and policies shall govern, in regard to City employees working in the Police Department, in the event of a conflict with this Personnel Policies Manual). The provisions contained in these policies regarding the City's prohibitions against harassment and discrimination apply to employees, volunteers, and elected officials. All participants in providing City services or elected Personnel Policies Manual Page 1 officials who work with City staff must comply with all City policies prohibiting unlawful discrimination, harassment, or any other unlawful conduct. 1.4 CITY'S RIGHT TO MODIFY THESE POLICIES The City of Port Orchard reserves the right to revise, supplement, clarify, or rescind any policy or provision of this Manual, as it deems necessary and appropriate in its sole discretion, without advance notice unless otherwise required by law or contract. As set forth above, these policies are general guidelines only, and do not constitute promises of specific treatment in specific situations. Further, these policies should not be construed as a contract, express or implied, or a guarantee of employment for any specific duration. Employees will be notified of changes to these policies once changes are adopted; however, unions will be notified in advance of proposed changes that are deemed mandatory subjects of bargaining. The City also reserves the right to deviate from these policies, as it deems appropriate in its sole discretion in order to achieve the primary mission of serving the City of Port Orchard's citizens. In addition, the Mayor or her/his designee is empowered with the authority to establish any administrative regulations necessary to further implement these policies. Personnel Policies Manual Page 2 CHAPTER 2. GENERAL POLICIES AND PRACTICES 2.1 EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Port Orchard is an Equal Opportunity Employer and provides equal employment opportunities (EEO) to all employees and applicants for employment. The City prohibits unlawful discrimination and harassment against employees and applicants in compensation or other terms, conditions, and privileges of employment because of the employee's race, religion, color, gender, pregnancy, age, marital status, military or veteran status, national origin, mental or physical disability, sexual orientation (including gender identity and gender expression), genetic information, or any other category protected by federal, state, or local law. The City also prohibits unlawful discrimination and harassment against employees and applicants based upon their association with a person who is a member of a protected class. This Policy applies to all terms, conditions, and privileges of employment, including, but not limited to, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation, and training. In addition, any employee or applicant who believes that he/she needs a reasonable accommodation because of a physical or mental disability in order to perform the essential functions of their job or to complete the application process should contact the Human Resources Coordinator. Similarly, any employee or applicant who needs an accommodation to perform their job due to their religious beliefs should contact the Human Resources Coordinator. The employee or applicant should advise, in writing, the Human Resources Coordinator of the reason for their accommodation request, the nature of their work limitations, and any suggested reasonable accommodations. The City will then interactively work with the employee or applicant to determine what, if any, reasonable accommodations are appropriate, and whether a suggested accommodation imposes an undue hardship upon the City. The Human Resources Coordinator, in conjunction with City management, is responsible for implementing this Policy. Any person with questions or concerns regarding Equal Employment Opportunities with the City should contact the Human Resources Coordinator. All persons are also encouraged to review the City's Anti - Harassment and Anti -Discrimination Policy, which supplements this Policy and works to further effectuate the goals of the City's Equal Employment Opportunity Policy. 2.2 LIFE THREATENING AND/OR SERIOUS ILLNESS/CONDITION POLICY The City recognizes that employees with life threatening and/or serious illnesses such as cancer, heart disease, acquired immune deficiency syndrome (AIDS), and other serious medical conditions may wish to continue working. The City respects and supports this wish, provided the employee can maintain required performance, production, and attendance standards, perform the essential functions of their job, and the Personnel Policies Manual Page 3 condition does not pose a health or safety threat to the employee, his/her fellow employees, or the general public. The City also recognizes that an employee's health condition generally is a private and personal matter, and consequently, will protect the confidentiality of the situation, and any information or documentation relating to it, to the best of its ability and restrict this information to only those appropriate employees who have a legitimate business reason to know. Furthermore, any documentation regarding the employee's medical condition shall be kept in a separate and confidential medical file distinct from their respective personnel file. The City reserves the right to request medical examinations and/or consultations at its expense regarding the employee's medical condition to the extent necessary to determine that the employee can safely perform the essential functions of his/her job. The evaluation of the potential problems and dangers that accompany these conditions will be handled on a case -by -case basis and may consider existing medical and scientific evidence to the extent appropriate. In addition to the foregoing, any employee with a medical condition or illness for which he/she believes they may need some type of accommodation should promptly notify the Human Resources Coordinator and advise as to any work limitations covered by the condition and suggested reasonable accommodations. The City will then interactively work with the employee to determine what, if any, reasonable accommodations are appropriate, and whether a suggested accommodation imposes an undue hardship upon the City. 2.3 ANTI -HARASSMENT AND ANTI -DISCRIMINATION POLICY It is the City of Port Orchard's intent to provide a work environment free from all verbal, physical and visual forms of harassment and discrimination. All employees are expected to be sensitive to and respectful of their co-workers and others with whom they come into contact while representing the City. The City prohibits all forms of harassment and discrimination, whether due to race, religion, color, gender, pregnancy, age, marital status, military or veteran status, national origin, mental or physical disability, sexual orientation (including gender identity and gender expression), genetic information, or any other category protected by federal, state, or local law. The City also prohibits unlawful discrimination and harassment against employees and applicants based upon their association with a person who is a member of a protected class. Engaging in workplace harassment or discrimination is unacceptable conduct, which will not be tolerated. Any employee found to have engaged in workplace harassment or discrimination will be subject to appropriate disciplinary action, up to and including termination of employment. All employees who have knowledge of workplace harassment or discrimination are required to immediately report the same to City management pursuant to the reporting Personnel Policies Manual Page 4 procedures subsequently set forth in this Policy. The failure to report workplace harassment or discrimination may result in appropriate disciplinary action. To facilitate a greater understanding of this Policy's requirements, the following is a non-exclusive list of examples of conduct the City prohibits: A. Epithets, slurs, negative stereotyping or threatening, intimidating or hostile acts that relate to race, religion, color, gender, pregnancy, age, marital status, military or veteran status, national origin, mental or physical disability, genetic information, or sexual orientation (including gender identity and gender expression). B. Written or graphic material brought to, displayed or circulated in the City's workplace that denigrates or shows hostility or aversion toward an individual or group because of the categories listed above. C. Intimidating, hostile, derogatory, contemptuous, or otherwise offensive conduct or remarks that are directed at a person because of the categories listed above. D. Using the City's resources (such as voicemail, e-mail, or Internet access) to obtain, deliver, forward, circulate, or store inappropriate or offensive materials. E. Other forms of objectively offensive behavior, regardless of whether the behavior rises to the level of unlawful workplace harassment or discrimination. F. Retaliation against an employee making a complaint in good faith under this Policy. To facilitate a greater understanding of this Policy's requirements with respect to sexual harassment, the following is a non-exclusive list of examples of conduct the City prohibits: A. Vulgar or sexual comments, jokes, stories, and innuendo. B. Graphic or suggestive comments about someone's body or manner of dress. C. Gossip or questions about someone's sexual conduct or orientation. D. Vulgarity, leering, inappropriate touching and obscene or suggestive gestures. Personnel Policies Manual Page 5 E. Displaying, accessing, or circulating in the workplace (including via the Internet or e-mail) sexually suggestive photographs, cartoons, graffiti, jokes and the like. F. Unwelcome and repeated flirtations, requests for dates and the like. G. Subtle pressure for sexual activity, including unwelcome but apparently sanction -free sexual advances by a supervisor to a subordinate. H. Solicitation or coercion of sexual activity, dates, or the like by the implied or express promise of rewards or preferential treatment. I. Solicitation or coercion of sexual activity, dates, or the like by the implied or express threat of punishment. J. Sexual or other assault. K. Intimidating, hostile, derogatory, contemptuous, or otherwise offensive conduct or remarks that are directed at a person because of that person's sex, regardless of whether the remarks themselves are sexual in nature. L. Retaliation against an employee for refusing sexual or social overtures, for complaining in good faith about sexual harassment, or for cooperating in good faith with the investigation of a complaint. Harassment and discrimination can be difficult to define. For this reason, the City strongly urges you to use its reporting procedure set forth below without worrying about whether the conduct involved would be considered harassment or discrimination in a legal sense. If you consider the conduct to be harassment or discrimination, report it. This Policy is intended to assist the City in addressing not only illegal harassment and discrimination, but also any conduct that is offensive and inappropriate. REPORTING HARASSMENT OR DISCRIMINATION Overview If at any time you believe you are being subject to harassment or discrimination, if you become aware of such conduct being directed at someone else, or if you believe another employee has received more favorable treatment because of harassment or discrimination, you must promptly notify your Department Director or the Human Resources Coordinator in writing as set forth below in this Policy. This applies to harassment or discrimination caused by anyone with whom an employee comes into contact as part of the employee's job. In addition, Department Directors, managers and supervisors are required to act promptly to eliminate any workplace discrimination or harassment about which he/she Personnel Policies Manual Page 6 knows or should know. This results in the requirement that all Department Directors, managers and supervisors: immediately report any such incidents to their supervisor and the Human Resources Coordinator; take any appropriate and immediate action necessary to address the situation while the matter is being investigated; assist the City to the extent necessary in any investigation of the incident; and work with their immediate supervisor and the Human Resources Coordinator to implement any necessary disciplinary and/or other actions to remedy the situation after the conclusion of the investigation. Department Directors, managers and supervisors who fail to comply with these obligations or the other terms of this Policy shall be subject to appropriate disciplinary action, up to and including termination of employment. Complaint Procedure and Guidelines To effectuate this Policy, all reported incidents shall be processed as expeditiously as possible under the following guidelines: A. Any person who feels that he/she (or someone else) has been subject to harassment, discrimination, or retaliation shall initiate the complaint process by filing a written and signed complaint with their Department Director or the Human Resources Coordinator. The Department Director shall forward any such complaint to the Human Resources Coordinator. The Mayor (or his/her designee) may also be notified of the complaint. The City shall review the complaint and initiate an investigation if appropriate. The City may also initiate an investigation on its own behalf at any time it determines it is appropriate to do so. B. During an investigation, the City will take any appropriate interim measures it deems necessary to address the situation which are consistent with applicable law. C. All complaints will be kept confidential to the fullest extent possible. This means they will be disclosed only as the City deems necessary to allow it to conduct a thorough investigation and respond to the complaint, to management, and as may be required by law. Due to these factors, the City cannot promise complete anonymity or confidentiality to the employee filing the complaint. In addition, the City may be legally required to take formal action in some circumstances. D. Anyone who the City concludes has violated its Anti -Harassment and Anti -Discrimination Policy is subject to corrective action up to and including immediate discharge. Corrective action will depend on the circumstances, including the gravity of the offense. The City will take whatever action it deems necessary to prevent an offense from being repeated and to address behavior which may not violate this Policy but is otherwise inappropriate or potentially problematic. Because employee discipline is a confidential matter, the complaining party may not always Personnel Policies Manual Page 7 know of the specific action taken in response to the complaint. However, the City will endeavor to the extent possible to keep the complaining party apprised as to the status of the investigation and any remedial measures instituted to remedy the situation. E. If the disciplinary process has not been effective in stopping the offensive conduct, the affected employee(s) must promptly notify their Department Director or the Human Resources Coordinator in writing of the problem so that the need for further action can be promptly addressed. F. The City will not permit retaliation against anyone who makes a good faith complaint or who cooperates in good faith in an investigation. Any person who feels they have been retaliated against shall promptly report the situation, in writing, to their Department Director or the Human Resources Coordinator so that the need for further action can be promptly addressed. G. The City expects employees to act in good faith when reporting problems under this Policy. If, however, an employee intentionally files a false report against another under this Policy, such false reports will result in appropriate disciplinary action, up to and including termination of employment, against the employee asserting or participating in the false report. The Human Resources Coordinator has the primary responsibility for implementing this Policy. Any employee with questions regarding this Policy should contact the Human Resources Coordinator. Please join us in our efforts to make the City of Port Orchard an enjoyable place to work for all employees. 2.4 ELIGIBLITY FOR EMPLOYMENT Federal law requires the City of Port Orchard to comply with the Immigration Reform and Control Act of 1986 and related law. All new employees must complete an "I-9 Form" and provide proof of their identity and eligibility to work in the United States. The City is responsible for obtaining the I-9 Form from each employee and verifying his/her eligibility to work in the United States. Employees will be expected to complete the I-9 Form during their first day of work. The City will then properly complete the "Employer Section" of the I-9 Form. If a new employee is unable to provide the necessary documentation within three working days from the date of hire, he/she must provide proof that he/she has applied for the required documents. If this is not provided, the employee will be terminated as required by law. The I-9 Form will be retained for at least three years after the date of hire or one year after the date of the individual's termination, whichever is later. Former employees Personnel Policies Manual Page 8 who are rehired must also complete the I-9 Form if they have not completed the Form with the City within the past three (3) years, or if their previous I-9 Form is no longer retained or valid. 2.5 EMPLOYEE PERSONNEL RECORDS The City of Port Orchard maintains a regular personnel file for each employee. An employee's regular personnel file may contain the employee's name, title and/or position held, job description, department to which the employee is assigned, initial application information along with any certifications or transcripts needed to verify the employee's qualifications, salary or wages, payroll information, changes in employment status, including promotional information, demotions or job reclassifications, any training received, performance evaluations or appraisals, personnel actions affecting the employee including all forms of discipline, and other pertinent information needed by the City to conduct its business or which is required by law. An employee's I-9 Form is maintained separately. Similarly, an employee's medical records, if any, are maintained in a separate file. Employees are permitted reasonable access to inspect their own personnel files, including medical and immigration files, during regular business hours. All personnel files are kept confidential to the maximum extent permitted by law. Access to employee personnel files is restricted to only those City employees with a legitimate and permissible business purpose. In addition, except for routine verifications of employment or in response to a court order, subpoena, or other legal requirement, no information from an employee's personnel file will be released to the public without the subject employee's written consent. Personnel files are kept for the benefit of the City and for effective management of the employee's status, administration of compensation and benefits, and for effective management of the employee's performance. The contents of the file may be subject to statutory provisions on how long the information is retained and the City will abide by any statutory guidelines or regulations regarding record retention. Supervisors may maintain a working file with notes or documents on issues impacting the employee or his/her performance. Once information is communicated to the employee, the supervisor's notes or documents may be placed in the employee's personnel file to further explain any action or resolution to an issue impacting the employee or affecting his or her status. If a supervisor opts not to communicate information in the supervisor's file to the employee, or deems the information irrelevant, the supervisor's file should generally be purged annually, unless prohibited by law or the supervisor determines, in his/her sole discretion, that the circumstances require that the information be retained for a longer period of time. Personnel Policies Manual Page 9 Employees must notify the Human Resources Coordinator of any changes to their name, address, phone number or contact information, beneficiary designations or dependents, and emergency contact information, to make certain this information is up to date. 2.6 REFERENCE AND INFORMATION REQUESTS Unless otherwise required by law, the City will respond to all reference check inquires regarding its current or former employees by providing only general information, such as: dates of employment; position(s) held; and job duties. No inference, either positive or negative, should be made from the City's application of this policy. If an employee desires the City to provide additional information, he/she, as well as the prospective employer requesting the information, must sign a release authorizing the disclosure of additional information in a form satisfactory to the City. This release must, among other things, authorize the disclosure of additional information and hold the City and all related persons and entities harmless for the disclosure. Personnel Policies Manual Page 10 CHAPTER 3. HIRING 3.1 RECRUITMENT Recruiting practices are conducted solely on the basis of ability, merit, qualifications and competence (as determined in the City's discretion), without regard to any individual's sex, race, color, religion, national origin, sexual orientation (including gender expression or identity), pregnancy, age, marital status, military status, disability, genetic information or any other characteristic protected by law. Each applicant for employment shall complete and sign a City of Port Orchard application form. Resumes may supplement, but not replace, the official City application. Applications are only accepted for open positions. Applications may be maintained in the City archives for one year. Any applicant for employment with the City who has made a false or misleading statement or has practiced any deception, fraud or misconduct in connection with his/her application or the hiring process may be eliminated from consideration for employment at the City. Any employee who is discovered to have made a false or misleading statement or has practiced any deception, fraud or misconduct in connection with his/her application or the hiring process is subject to disciplinary action, up to and including termination. 3.2 NEW HIRE SELECTION When a position becomes vacant, the Department Director may review the position, its job description, and the need for such a position prior to any posting or advertisement of the vacancy. In considering an applicant for employment or a volunteer position, the City may conduct an investigation of the applicant's background. The investigation may include, but is not necessarily limited to, inquiries into the applicant's references, prior and present employers, credit history (only if it pertains to the job), criminal conviction record and a review of the applicant's listed education and work history. As a condition of employment, after an offer of conditional employment has been made and prior to commencement of employment, successful applicants must submit to and pass a pre- employment urine drug screen. The City reserves the right to seek qualified applicants outside of the organization whenever it determines appropriate in its discretion. Before advertising a position to the general public, the Human Resources Coordinator, with Department Director approval, may choose (if determined appropriate in the City's discretion) to circulate a promotional opportunity within the City and/or post the same on the City's bulletin boards. Personnel Policies Manual Page 11 3.3 INTRODUCTORY PERIOD Upon hire, all employees enter an introductory period. The introductory period is designed to give the employee time to learn the job and to give the City time to evaluate whether the match between the employee and the job is appropriate. The general introductory period is twelve (12) months from the employee's date of hire or rehire. At the discretion of the City, this introductory period may be extended. Satisfactory completion of the introductory period does not create an employment contract or guarantee employment with the City for any specified duration, nor does completion of the introductory period guarantee the employee "permanent" employment. Any employee who successfully completes their respective introductory period shall remain an "at -will" employee, unless the employee is afforded additional rights by the Civil Service rules and laws, an individual employment contract, or a collective bargaining contract. Nothing in this Policy should be construed as altering the at -will status of each City employee. 3.4 ORIENTATION New hires will participate in an orientation program conducted by the Human Resource Coordinator. During this program, information regarding the City's policies, benefits programs, and other information will be provided. New hires will be asked to complete all necessary paperwork, such as medical benefits plan enrollment forms, beneficiary designation forms, and appropriate federal, state and local tax forms. The City will also require information establishing identity and eligibility to work in the United States in accordance with applicable federal law. 3.5 EMPLOYMENT OF FAMILY MEMBERS Individuals who are related by blood or marriage, or reside in the same household as current City of Port Orchard employees or officials, are eligible for employment at the City, provided no direct reporting or supervisor -to -subordinate relationship exists. That is, no employee is permitted to work within the "chain of command" when one family member's work responsibilities, salary, hours, career progress, discipline, benefits or other terms and conditions of employment could be influenced by another family member. This includes volunteer positions and temporary appointments. This Policy serves the objective of avoiding potential conflicts of interest and the appearance that employment decisions will be made not on merit, but based on the relationship of the family member to a decision maker within the chain of command. Change in Circumstances: If two employees marry, become family members, or begin sharing living quarters with one another and, in the City's judgment, the potential problems noted above exist, or reasonably could exist, only one of the employees will be permitted to remain employed with the City, unless reasonable accommodations, as determined by the City, can be made to eliminate the potential problem. If no Personnel Policies Manual Page 12 accommodation can be made, the decision as to which employee will remain employed by the City must be made by the two employees within thirty (30) calendar days of the date they marry, become family members, or begin sharing living quarters with each other. If no decision is made during this time, the City reserves the right to terminate either employee. For purposes of this Policy, a "family member" is defined as a spouse, registered domestic partner, child, parent, sibling, grandparent, grandchild, aunt, uncle, first cousin, corresponding in-law, "step" or "half' relation, or any member of the employee's household. 3.6 TEMPORARY EMPLOYEES The City may use temporary employees to meet peak workload needs, to temporarily replace regular employees who are on vacation or other leave, to temporarily fill a vacancy until a regular employee is hired, or when otherwise determined appropriate by the City. When applicable, the City will comply with any provisions of a collective bargaining contract establishing the nature or duration of any temporary positions. Compensation/Benefits: Temporary employees are eligible for overtime pay as required by law. Temporary employees do not receive retirement, vacation, personal and family leave, health insurance, holidays or any other benefits unless otherwise required by law. 3.7 VOLUNTEERS Volunteers may be recruited by individual Department Directors or the City to assist with the provision of City programs/services. All volunteers will complete a standard City Volunteer application form, including references. All volunteers will be supervised by a regular employee or designated volunteer supervisor. Volunteers are expected to follow the same personnel polices as regular employees. 3.8 COMMUNITY SERVICES WORKERS AND OTHER COURT REFERRALS As appropriate, the City may consider the placement of individuals who are referred by the courts to perform community service or other needed tasks. 3.9 USE OF CONTRACT OR SPECIAL SERVICES From time to time, the City may need to hire an individual or business entity to provide services to the City that fall outside the expertise of City staff, for work on a project that cannot be accomplished by City staff on a timely basis, or for other reasons that demonstrate a decision to work with an outside entity may be in the best interests of the City. The City will comply with all procedures required by law when a bidding Personnel Policies Manual Page 13 process is needed or any relevant requirements imposed by a collective bargaining contract. Service providers hired to assist the City for specific projects or designated services are not City employees and are not eligible for the benefits listed as exclusive benefits for City employees. Individuals who contract to provide services to the City must be properly licensed in their respective professions or trades and must carry their own liability insurance for the benefit of the City in the event they perform their professional services negligently or below an acceptable standard of care. Services provided pursuant to an interlocal agreement will not result in service providers being construed as City employees, even if they provide services along with City of Port Orchard employees. Each agency participating in an interlocal agreement is responsible for the employees assigned to the project, task or special event, including the provision of coordinated police or emergency services activities. The City shall not be required to provide insurance coverage for employees of another agency participating in an interlocal agreement for services, unless the agreement entered into between the City and agency specifically designates such coverage is required and the coverage requirements mutually benefit the City of Port Orchard. Personnel Policies Manual Page 14 CHAPTER 4. HOURS AND ATTENDANCE 4.1 WORKING HOURS The City's business hours are Monday through Friday from 8:00 a.m. to 4:30 p.m. A normal working schedule for regular, full-time employees consists of forty (40) hours each workweek, from Sunday through Saturday. Different work schedules and defined workweeks may be established by the City to meet job assignments and to accomplish the necessary business of the City and comply with Commute Trip Reduction. Each employee's supervisor will advise the employee of his or her specific working hours. 4.2 ATTENDANCE Punctual and consistent attendance is a condition of employment and critical to the efficient operation of the City. Each employee is responsible for maintaining an accurate record of his/her attendance. All employees are expected to report to work as scheduled, give their best efforts, and perform productive work for the City during their scheduled work shifts. Physical attendance at the City on a regular and consistent basis is considered an essential function of the job for all City employees. The flow of City business and services to the public, including our public safety responsibilities, depend on reliable employees to attend to their assigned duties on a regular basis. This means that each employee is responsible for being present every scheduled workday at the correct time, fully able and ready to work. Absences from work, late arrivals and early departures must be approved by a supervisor (or a designee) for all hourly (non-exempt) employees. Employees are required to report any such changes to their supervisor as soon as possible and no later than 30 minutes before the start of their shift, or when the change is to occur. In situations where an employee is unable to report the need for time off in advance, the employee must notify his or her supervisor as early as possible if they are unable to report to work at a scheduled or expected time. Only approved reported absences will be excused. Tardiness for work includes any failure to report to or be ready for work at the employee's designated starting time for non-exempt employees. Absences during the work day, or handling personal business during working hours, or neglecting work duties during working hours will all be treated similarly. Excessive or chronic unauthorized absences or tardiness (as determined in the City's discretion) will result in appropriate disciplinary action, up to and including termination of employment. An employee who is absent without proper authorization or notification may be considered to have voluntarily abandoned their job and their employment may be terminated. Personnel Policies Manual Page 15 4.3 REPORTING WORK HOURS Non-exempt employees must accurately record the time they begin and end their work, as well as the beginning and ending time of each meal period. They must also record the beginning and ending time of any split shift or departure from work for personal reasons. It is the employee's responsibility to fill in his or her time record to certify the accuracy of all time recorded. The applicable Department Director or his/her designee will review and then initial the time record before submitting it for payroll processing. In the event of an error in reporting time, immediately report the problem to the department timekeeper. Altering, falsifying, or tampering with time records, recording time on another employee's time record, or otherwise failing to accurately record hours worked will result in appropriate disciplinary action, up to and including termination of employment. 4.4 UNUSUAL WEATHER CONDITIONS The City will normally continue to operate even during times of inclement weather or natural disaster, unless the City notifies employees otherwise. Many City services are of primary importance during emergency conditions. Every effort will be made to maintain City services at a normal level, or modified, as conditions warrant. At these times, employees may be asked to perform duties outside their normal job description to assist with providing priority services. If unusual weather conditions prevent an employee from reporting to work, it is the employee's responsibility to notify his or her supervisor as soon as possible. A non- exempt employee who is unable to get to work, or leaves work early because of unusual weather conditions may charge the time missed to: vacation or compensatory time (if available), or leave without pay, subject to Department Director approval. Employees may be permitted to leave early to ensure their safety, however, no department shall be closed without the prior approval of the Mayor or Mayor's designee. 4.5 BREAKS AND MEAL PERIODS FOR NON-EXEMPT EMPLOYEES Meal Periods All non-exempt employees who work more than five (5) consecutive hours in a workday shall be allowed an unpaid meal period of at least thirty (30) minutes. This meal period shall commence no less than two (2) hours nor more than five (5) hours from the beginning of their respective shift. Meal periods shall be scheduled by the employee's supervisor. The scheduling of meal periods may vary depending on department workload and shall comply with applicable law. Meal periods are not counted toward hours worked. However, if the operational needs of the employee's respective department are such that the employee is required to remain on duty during Personnel Policies Manual Page 16 their meal period, the employee shall be paid for the meal period in accordance with applicable law. In this event, the employee must obtain approval from their supervisor in writing before remaining on duty during their meal period. Non-exempt employees working three (3) or more hours longer than a normal work day shall be allowed at least one (1) thirty (30) minute meal period prior to or during the overtime period. Meal periods for Commissioned Police Officers are governed by the Police Department's General Orders in compliance with applicable law. Rest Breaks Non-exempt employees are allowed one (1) paid ten (10) minute rest break for every four (4) hours worked. All breaks shall be arranged to minimize disruption to City business. No employee shall be required to work more than three (3) hours without a rest break. Employees shall not be permitted to "work through" a rest break in order to have an abbreviated workday. 4.6 PAYROLL RECORDS The official payroll records are kept by the City Treasurer. Each non-exempt employee shall turn in to their supervisor on a daily basis a signed work record noting hours worked, leave taken and overtime worked. All employee time records must be reviewed and approved by the Department Director or his/her designee. Requests for use of compensatory "comp" time must be approved prior to their submission to payroll. All hours worked by the employee, whether authorized or not, must be recorded and submitted so that the City can ensure the employee is paid for all hours worked. Personnel Policies Manual Page 17 CHAPTER 5. COMPENSATION 5.1 EMPLOYEE PAY RATES Employee compensation is based on a variety of factors including, but not limited to, job performance, experience, training or proven capability, initiative, and the City budget. Pay increases (if any), other than the yearly step increases that may be built into some of the salaries or those required by a collective bargaining agreement or other contract, shall be implemented at the discretion of the Mayor and as approved by the City Council as part of the budget process, or at any time during any determination of employees' salary or compensation. 5.2 EMPLOYEE CLASSIFICATIONS The City uses a 12-month introductory period to evaluate a new employee's job skills, starting at the time of hire. An employee retained after expiration of their 12- month introductory period is still considered an "employee at -will," meaning the employee has not been promised a specific tenure of employment and the City may terminate or lay off the employee at any time for any reason not otherwise prohibited by law. Similarly, the employee can terminate his/her employment with the City at any time. Please also see Policy No. 3.3. The City may employ full-time, part-time, and temporary employees. Each employee will be notified of his/her classification at the time of hire. Some employees may be eligible for certain benefits provided by the City. Please see the City's Human Resources Coordinator for eligibility requirements and information as to specific benefits for which you may be eligible. 091�1 : I1:T.MOV] Employees may seek a job sharing arrangement for their own position by discussing the feasibility of such arrangements with their Department Director. The Department Director, along with the Mayor, must first approve any job sharing arrangements. The City reserves the right to approve or deny any request for a job sharing arrangement as it deems appropriate in its sole discretion. No employee is "entitled" to participate in a job sharing arrangement. Each employee who receives approval to participate in the job sharing arrangement will be advised as to the conditions of the job sharing arrangement, to include work hours, compensation rates, and any applicable benefits. Personnel Policies Manual Page 18 Both employees participating in a job sharing arrangement will be considered part-time employees. To the extent an employee in a job sharing arrangement is eligible for benefits, said benefits will be based on the accrual for part-time employees and will accrue at a pro rata share when compared to full-time hours for the position. The City reserves the right to require one employee working in a job sharing arrangement to work full time in the absence of the other employee participating in the arrangement. The City reserves the right to rescind the job sharing arrangement at any time, with or without notice, as it deems appropriate in its sole discretion in order to serve the best interests of the City and its citizens. Nothing in this Policy shall be construed as altering the at -will nature of every employee's employment with the City. Along these same lines, this Policy does not constitute the promise of specific treatment in specific circumstances and does not constitute a contract of employment. No employee participating in a job sharing arrangement has any expectation of continued employment or guaranteed employment for any length of time. 5.4 PAYDAYS Employees are paid every two weeks on Fridays. The paychecks cover the two - week pay period ending the previous week. If a regularly scheduled payday falls on a holiday, paychecks may be distributed on the preceding regularly scheduled working day. 5.5 DESIGNATED WORK WEEK For non-exempt, non -emergency personnel covered by federal and state overtime laws, the designated workweek is 40 hours within a seven (7) day work period. The workweek begins Sunday at 12:00 a.m. and shall end the following Saturday at midnight unless otherwise specified. This Policy supplements Personnel Policy No. 4.1 (Working Hours). 5.6 TIMEKEEPING REQUIREMENTS This Policy should be read in conjunction with Policy No. 4.3. In order to meet its obligations under state and federal law, the City requires that all non-exempt employees accurately record all the time they worked, whether that work takes place off or on City property. Daily Personnel Status Reports are the primary means of recording the employee's working time or time away from work. These reports are relied on for payroll calculations and must be accurate at all times. The reports must be filled out daily, and certified as accurate by the employee, and turned in to the appropriate supervisory personnel at the end of the employee's work day (however, each Department Head shall have the discretion to allow their employees' timesheets to be completed at longer intervals). Personnel Policies Manual Page 19 5.7 DEDUCTIONS Some regular deductions from employee earnings are required by law; other deductions may be specifically authorized by the employee. The City will withhold from the employee's paycheck those deductions required by law and any voluntary deductions authorized by the employee in writing. City employees who incur personal expenses which are billed to the City, such as through cell phone programs, are required to sign a written agreement authorizing deductions from employee pay for any amounts the employee fails to pay on a timely basis, including any payments due prior to, or coming due after, issuance of the employee's final paycheck. 5.8 ELIGIBILITY FOR OVERTIME For the purpose of paying any applicable overtime compensation, all City positions are designated as either "exempt" or "non-exempt" under state and federal wage and hour laws from overtime compensation. This determination shall be made by the City in compliance with applicable law. All employees will be notified of their status at the time of hire, or at the time their status changes. Employees with questions as to whether their respective job is classified as "exempt" or "non-exempt" should contact the Human Resources Coordinator. Non -Exempt Employees: The City will pay time and one-half of a non-exempt employee's regular rate of pay for hours worked in excess of 40 hours per designated workweek in compliance with state and federal law. Paid leave, such as holiday, sick or vacation pay, are not treated as hours worked for purposes of computing overtime pay. Employees are required to report all of their time worked, including any time spent working outside City premises or work sites using a PDA, Blackberry, Smart -Phone and the like for work -related matters, as well as logging onto the City's computer system remotely for work -related matters. Non- exempt employees are not, however, expected or required to spend time outside their regular working hours checking e-mails, voice -mails and the like unless otherwise notified by their supervisor. The City shall compensate non-exempt employees for all hours worked. All overtime hours worked must be approved by the employee's supervisor in advance. Any employee who works overtime without proper authorization will be subject to appropriate disciplinary action, up to and including termination of employment. Any work off City premises or work sites must also be pre -approved by the employee's Department Director. This determination shall be made as deemed appropriate in the City's sole discretion. Personnel Policies Manual Page 20 Exempt Employees: Exempt employees are not entitled to receive overtime compensation. Exempt positions typically require more than forty (40) hours per week and may require employees to work on evenings and weekends. Exempt positions cannot be restricted to a specific number of hours in a workday or workweek. To this end, exempt employees are paid a salary and do not receive either overtime pay or compensatory time in lieu of overtime pay for hours worked in excess of 40 per week or any other work period designation applicable. Exempt employees will not be subject to pay deductions for partial day absences (e.g. personal time off for errands or appointments) unless authorized by law, but will be required to deduct for any full day or half day absences from sick leave, vacation or applicable leave banks. Exempt employees must maintain good work habits, be accountable and available to their staff and supervisor, and regularly make themselves available during working hours in order to allow City business to be accomplished. Exempt employees who fail to timely and appropriately complete the job duties expected of their respective position will be subject to appropriate disciplinary action, up to and including termination of employment. 5.9 COMPENSATORY TIME Public sector employers are permitted, but not required, to offer compensatory time off to their employees in lieu of overtime. Use of compensatory time may also be governed by collective bargaining agreements as applicable. If not applicable, compensatory time shall be governed by the following guidelines. Non-exempt employees entitled to overtime pay may request compensatory time off instead of cash payment. The decision of whether to grant compensatory time is made on a case -by -case basis by the employee's Department Director. If the compensatory time off option is exercised, the employee is credited with one and one-half times the hours worked in lieu of a cash payment for overtime earned. Maximum accruals of compensatory time off shall be limited to forty (40) hours for regular employees. After maximum accrual, overtime compensation will be paid. Timeframes for use of compensatory time are regulated by applicable law, City resolution, City operational needs, employee compensatory time agreements (if any) and/or collective bargaining agreements. Requests for compensatory time off require planning for staffing and City business needs and must be made in advance in accordance with your department's policy. Exempt employees are not entitled to compensatory time. 5.10 COMPENSATION UPON TERMINATION When an employee's status as an employee with the City is terminated (whether voluntarily or involuntarily), the employee will receive his or her final paycheck on the next regularly scheduled payday: Personnel Policies Manual Page 21 Employees who depart in good standing may also receive a lump sum payment of accrued, but unused, vacation time (if applicable), up to 240 hours (less any unpaid personal expenses incurred by the employee for which he/she has failed to previously reimburse the City). Employees who have engaged in any form of misconduct, dishonesty or conduct that may expose the City to liability or claims (as determined in the City's discretion) shall receive payment for any remaining wages due for the period of time the employee actually provided services to the City, including overtime or accrued compensatory time, but will not be paid for any accrued but unused vacation time. To the extent authorized by law, the City may deduct any unpaid personal expenses incurred by the employee for which he/she has failed to previously reimburse the City from the employee's final paycheck (regardless of whether the employee receives payment for accrued but unused vacation leave). 5.11 EXIT INTERVIEWS At the City's option, an exit interview may be offered to allow any employee who has quit voluntarily an opportunity to share their work experience with management to discuss how City operations could be improved. Exit interviews, if conducted, are maintained for use by City management and not for general disclosure unless otherwise required by law. 5.12 POLICY PROHIBITING IMPROPER DEDUCTIONS FROM EMPLOYEE PAYCHECKS It is the policy of the City to comply with federal, state, and local law regarding payment of wages to our employees. Therefore, we prohibit all improper deductions from the wages of employees. We want employees to be aware of this Policy and that the City does not allow deductions that violate the law. The City strives to ensure that every employee's paycheck is completely accurate. However, in the event that you believe an error or improper deduction has been made in regard to your paycheck, you must immediately report the situation to your immediate supervisor or the Human Resources Department. Reports of improper deductions will be promptly investigated. If it is determined that an error or improper deduction has occurred, you will be promptly reimbursed for any error or improper deduction made. Personnel Policies Manual Page 22 CHAPTER 6. PERFORMANCE EVALUATIONS AND TRAINING 6.1 PERFORMANCE EVALUATIONS To achieve the City of Port Orchard's goal to train, promote and retain the best - qualified employees for every job, the City may conduct periodic performance evaluations for all positions. Employees are generally evaluated by their supervisor prior to completion of their introductory period and usually once every year, on or around their hire date, thereafter. However, the City reserves the right to modify this schedule in its sole discretion and to conduct or not conduct performance evaluations as it deems most appropriate. Performance evaluations are part of an employee's personnel record and may be a factor in determining whether the City will continue to employ the subject employee, and whether the employee will be promoted, transferred, demoted, laid off, or terminated. Employees may be evaluated on a variety of job skills, including technical skills, communications skills, teamwork and attitude, initiative and other skills that make up an exemplary employee. As set forth above, the timing, manner, and nature of performance evaluations shall be determined by the City as determined appropriate in its sole discretion. 6.2 TRAINING AND EDUCATION City sponsored training which is required for the performance of an employee's job duties shall be arranged whenever possible during regularly scheduled work hours. An employee's respective Department Director may change the employee's regular schedule to accommodate required attendance at training activities during normally off - duty hours. Schedules may also be adjusted to allow employees to attend non -required training, provided the training activity is designed to increase the knowledge, skills and abilities of an employee for the position he/she presently occupies. Pre -approved training attendance is considered time worked except where the training is voluntary, occurs outside regular business hours, is not job related, and the employee performs no work during the training. Absences due to training must have prior approval by the employee's Department Director. 6.3 EMPLOYEE SPECIAL TRAINING OBLIGATIONS Employees who attend courses, conferences, or special schooling/training (collectively referenced in this Policy as the "program") that is paid for by the City may be required to sign an agreement regarding the conditions under which the City shall be reimbursed by the employee for the cost of the respective program (including travel, meals, and lodging) as a condition of the employee being permitted to participate in the program. These conditions may include the employee being required to reimburse the Personnel Policies Manual Page 23 City for the cost of the employee's attendance at the program if the employee voluntarily leaves the employ of the City within a specified time period after the program. 6.4 EDUCATIONAL ASSISTANCE PROGRAM FOR NON -UNION CITY EMPLOYEES The City has established an educational assistance program through Educational Incentive Pay or Tuition Reimbursement to provide employees with the opportunity to enhance their development, to increase their knowledge and skills, and to earn undergraduate and advanced degrees that are related to their work. Courses must be directly related to the employee's current job, an advanced position within the City, or an identifiable career path within the City in order to qualify for reimbursement. Classes must not interfere with an employee's normal work schedule and the time spent in such classes is not compensable work time. The number of classes approved per semester/quarter will depend on the current department's budget. 6.4.1 Eligibility Regular, full-time employees who have completed 12 months of continuous employment are eligible to apply for the program. Employees hired before August 1, 2010 are either eligible for Educational Incentive Pay or Tuition Reimbursement. Employees hired after August 1, 2010 are only eligible for Tuition Reimbursement. 6.4.2 Educational Incentive Pay Education Incentive Pay is eligible to only employees hired before August 1, 2010. Employees who are not required to have an Associate, Bachelor degree or Master's degree as a qualification for their job duty, shall be eligible to receive the educational incentive pay. If the employee receives an Associate degree from an accredited college or university in an eligible course of study during employment with the City, the employee shall be eligible to receive a 1 % increase in his or her base pay per hour. If the employee receives a Bachelor or Master's degree from an accredited college or university in an eligible course of study during employment with the City, the employee shall be eligible to receive a 2% increase in his or her base pay per hour. must: In order to be eligible for education incentive pay under this Policy, the employee 1. Be a regular full-time employee of the City of Port Orchard and hired before August 1, 2010; 2. Provide an official transcript, diploma, and/or any other documentation required by the City. All such documentation must be in a form satisfactory to the City in its discretion; and 3. Obtain written approval by the Mayor or his/her designee for the employee to receive education incentive pay under this Policy. Personnel Policies Manual Page 24 The City reserves the right to discontinue this Education Incentive Pay Policy at any time determined appropriate in the City's discretion. This Policy shall not apply to unionized City employees or employees with an individual employment contract. Educational incentives, if any, for these employees are governed by the applicable collective bargaining agreement or employment contract. 6.4.3 Tuition Reimbursement Upon the approval of the Mayor or his/her designee, the City of Port Orchard may reimburse an employee tuition expenses for a formal course of study from an accredited college or university to obtain an Associates, Bachelor's or Master's degree which will increase the employee's knowledge and skills vis-a-vis his/her present job duties at the City and thus be beneficial to the City. Any such tuition reimbursement shall be subject to the parameters and rules in this Policy. Time spent by an employee in attendance at courses under this Policy shall be considered the employee's personal time and shall not be compensated by the City. Any books, supplies, or other non -tuition expenses incurred by the employee relating to their respective course of study taken under this Policy will be at the sole expense of the employee. In addition, the City shall not reimburse any employee for tuition costs that have or will be paid by a third party or entity. Employees may be eligible for tuition reimbursement under this Policy by meeting the following conditions: 1. He/she must be a regular full-time employee of the City of Port Orchard; 2. Prior to enrollment, the Mayor or his/her designee must have pre -approved, in writing, the employee's participation in this program, as well as the employee's choice of educational institution and course of study; 3. The employee's application for tuition reimbursement must be made within sixty (60) days following the successful completion of the respective course for which the employee seeks tuition reimbursement; 4. The employee must complete the course(s) for which he/she seeks reimbursement with a passing grade. The employee shall provide appropriate documentation (as determined by the City in its discretion) to the Mayor or his/her designee from the applicable university or college which substantiates the grade in the course(s) for which the employee seeks reimbursement and the amount of the reimbursement requested by the employee; and 5. Funds to reimburse the employee for tuition must be available in the current applicable department budget. Personnel Policies Manual Page 25 The City reserves the right to discontinue this Policy at any time determined appropriate in the City's discretion. In addition, the City reserves the right to refuse to allow any employee to participate in this program and to discontinue any employee's participation in this program at any time, for any reason, determined appropriate in the City's discretion. Any employee choosing to participate in this program may be required to sign an Agreement obligating him/her to repay the City for the cost of all tuition reimbursement paid by the City to the employee under this Policy for the preceding two (2) years in the event that the employee terminates employment with the City (measured backward from the employee's last day of employment with the City). This Agreement shall contain, among other things, authorization by the employee for the City to deduct monies owed to the City by the employee under this Policy from the employee's paycheck(s). This Policy shall not apply to unionized City employees or employees with an individual employment contract. Tuition reimbursement, if any, for these employees are governed by the applicable collective bargaining agreement or employment contract. Personnel Policies Manual Page 26 CHAPTER 7. BENEFITS 7.1 RETIREMENT BENEFITS The City makes contributions as required by law on behalf of all eligible employees to the Social Security System in addition to those contributions made by the employee through FICA payroll deductions. All regular full-time and part-time employees may also be eligible (as applicable) for retirement benefits under the State of Washington's Public Employees' Retirement System ("PERS"), the Law Enforcement Officers and Fire Fighters' Retirement System ("LEOFF") for the State of Washington, or other retirement plans as long as their compensated hours continue to qualify them for service credit under an applicable plan. State law may require the participation of eligible employees in these programs. Participating employees shall pay any required amounts toward contribution costs by means of an authorized payroll deduction. For coverage and other information relating to these benefits, please contact the Human Resources Department. Employees intending to retire are requested to notify their Department Director and the Human Resources Department of their intent to retire at least three months prior to the date of retirement. 7.2 WORKERS' COMPENSATION Employees are generally covered by the State of Washington Workers' Compensation Program administered through the Department of Labor and Industries (L&I). This insurance covers eligible employees in case of on-the-job injuries or job - related illnesses. For qualifying cases, Workers' Compensation may provide for medical and hospital expenses and for partial compensation for time lost from work due to job - related injuries or illnesses. All job -related accidents, injuries, or illnesses (regardless of nature) must be reported as soon as possible to the employee's supervisor. The employee's supervisor will notify the City's Human Resources Coordinator. The failure of any employee to timely report a job -related accident, injury, or illness to his/her supervisor may result in the delay or denial of Worker's Compensation benefits. All such reports will be investigated to the extent necessary and processed in accordance with applicable law. If appropriate, the investigation may address ways in which the incident can be avoided in the future. Employees reporting an on-the-job injury or illness will receive immediate and appropriate medical treatment to the extent appropriate and possible. When an employee sustains an injury that requires outside medical treatment, is involved in an job -related accident, or in other circumstances determined appropriate by the City, he/she may also Personnel Policies Manual Page 27 be subject to testing for the presence of drugs and/or alcohol in their system to the extent permitted by law. Employees may be subject to discipline, up to and including termination, for refusing to take such a test. When an employee is absent for one or more days due to an on-the-job accident, injury, or illness, he/she is required to file a claim for Workers' Compensation. Pending receipt of Workers' Compensation benefits, the employee shall continue to receive their regular compensation for any absence from work through the use of their accrued leave, if any. If the employee does not have accrued leave, then the employee's absence shall be unpaid. To the extent permissible under applicable law, the City may require an employee on leave for an on-the-job injury or illness to use any accrued paid time off (to the extent available) concurrently with their absence to supplement any deficiency between his/her regular compensation for their normal working and their Workers' Compensation benefits. The purpose of this Policy is to assist employees with prompt and regular payments during periods of incapacity, so long as the employee has accrued leave available for his/her use, while at the same time ensuring that no employee receives more than he/she would have received had the incapacity not occurred and that the employee does not receive more compensation than if he/she were actively working. Employees do not have the option to "buy back" accrued leave with their L&I check. The City may require any leave of absence under this Policy to run concurrently with any other leave of absence to which the employee may be entitled. Employees do not accrue vacation or sick leave (or any other employment benefits) while on leave (except to the extent that the employee uses accrued paid leave for the absence), unless otherwise specifically required by law, City policy, or contract. If necessary and appropriate, the City may explore whether an injured or ill employee can return to work to a temporarily modified job while they recover. There is no guarantee, however, that such temporarily modified job and/or job duties will be available or will remain available. The availability and duration of such work, if any, is subject to the City's operational needs and discretion. If an employee is unable to return to work after his/her on-the-job injury or illness and perform the essential functions of their job, they may request information on other job openings within the City they are otherwise qualified to perform. If the employee is medically unable to return to work, and no options for reasonable accommodation or other job opportunities are available, an employee who can no longer perform the essential functions of their position, with or without a reasonable accommodation, may be subject to termination. To the extent permissible under the law, the City may require an examination (and/or a written statement from an appropriate health care provider), at its expense, performed by a physician of its choice to determine when the employee can return to Personnel Policies Manual Page 28 work and/or if he/she will be capable of safely performing the essential duties of their respective position with or without a reasonable accommodation. The City may also require certification from an appropriate health care provider verifying the existence of an employee's injury or illness and the necessity for the employee to be absent from work. In addition, the City may communicate, if appropriate, with an employee's Claims Manager at L&I, or other appropriate person or entity, to the extent necessary and lawful. Any employee off from work due to an on-the-job injury or illness may be required to call the City at reasonable intervals to advise as to their prognosis for a return to work. As a general rule, the City is not able to provide indefinite leave of an extended duration. 7.3 HEALTH INSURANCE BENEFITS Regular full-time and part-time employees of the City of Port Orchard may be eligible to participate in the City's various insurance programs. The programs and criteria for eligibility will be explained upon hire. The City reserves the right to make changes in the carriers and provisions of these programs (including the elimination or modification of any or all programs) when deemed necessary or advisable in its discretion. The terms and conditions of health insurance benefits for the City's unionized employees are governed by the applicable collective bargaining agreement. Temporary employees are not normally eligible for health insurance coverage. Medical Coverage. For regular full-time employees, the City currently provides medical insurance coverage (these employees shall pay a portion of the cost for this insurance, as determined appropriate by the City in its discretion). For regular part-time employees hired prior to December 9, 1996, the City currently pays 100% of the medical insurance premium, less applicable an employee contribution determined appropriate by the City in its discretion, for the employee only. The employee may elect to purchase medical insurance coverage for their spouse/registered domestic partner, and/or dependents at their own expense by payroll deduction. For regular part-time employees hired after December 9, 1996, the City currently pays 50% of the medical insurance premium for the employee only if the employee elects to pay 50% of the premium by payroll deduction. The employee may elect to purchase medical insurance coverage for their spouse/registered domestic partner and/or dependents at their own expense by payroll deduction. Dental Coverage. For regular full-time employees only, the City currently provides dental insurance coverage for the employee, spouse/registered domestic partner, and dependents. These employees shall pay a portion of the cost for this insurance as determined appropriate by the City in its discretion. The City does not offer dental insurance coverage to part-time employees or their dependents. Personnel Policies Manual Page 29 Vision Coverage. For regular full-time employees only, the City currently provides vision insurance coverage for the employee, spouse/ registered domestic partner, and dependents. These employees shall pay a portion of the cost for this insurance as determined appropriate by the City in its discretion. The City does not offer vision insurance coverage to part-time employees or their dependents. Employees eligible for health insurance shall be responsible for paying a portion of the total monthly premium for the subject medical plan by payroll deduction. The employees' share of the monthly premium is currently based on a numeric percentage of the total cost of the monthly premium for the subject plan (including the cost to insure dependents, if applicable). The amount of the numeric percentage shall be calculated by converting the monthly dollar amount employees are required to pay for each for the subject medical plans as of September 30, 2009 into a percentage basis. Employees shall then be responsible for paying this same percentage for each respective medical plan after September 30, 2009. In the event of any increase in the cost of the total premium in the future for any of the subject plans, the employees shall be responsible for paying the same percentage of the increased monthly premium for that respective plan. The City reserves the right to increase the employee's share of the cost for health insurance as determined appropriate in its discretion. The City may self insure or purchase a $50,000 life insurance policy for the employee (subscriber) only. If an eligible employee elects to waive City medical coverage and the related insurance companies and the subject insurance plan involved allow for such practice, the employee may be compensated two hundred fifty dollars ($250) per month through the payroll process as a cost savings incentive. This cost savings incentive is only payable for those full months where the employee elects to waive coverage. An eligible employee includes any full-time employees, as well as part-time employees hired prior to December 9, 1996. Employees who participate may not be eligible to return to medical coverage until open enrollment periods as outlined by the insurance carrier. In order to be eligible to receive health and welfare benefits, the employee must meet the minimum hours of work per month, if any, required by the plan provider (as well as all other requirements of the plan provider). For more information regarding these benefits and eligibility requirements, please see the Human Resources Coordinator. 7.4 CONTINUATION OF INSURANCE COVERAGE Employees may be eligible, at their expense, to continue to receive their City health insurance benefits for a defined period of time upon termination from City employment or upon commencement of an unpaid leave of absence in accordance with the provisions of the federal Consolidated Omnibus Reconciliation Act ("COBRA"). Specific information regarding continuing coverage will be provided in appropriate Personnel Policies Manual Page 30 circumstances. In addition, requests for information regarding COBRA may be directed to the Human Resources Coordinator. 7.5 EMPLOYEE ASSISTANCE PROGRAM Full-time and regular part-time employees may be eligible to participate in an Employee Assistance Program (EAP)consisting of professional and confidential counseling and assistance to employees whose job performance, health, or well-being are adversely affected by personal problems. The City recognizes that a wide range of personal problems, such as emotional or mental stress, marital or financial difficulties, or drug or alcohol dependency, can affect an employee's performance. These problems may or may not be caused by or related to the individual's responsibilities as an employee, but nevertheless, they may have an effect on work performance, safety, or overall welfare of that employee, co-workers, and the City. In an effort to provide a means for assisting employees and their families in identifying, beginning to deal with, and hopefully overcoming problems of this nature, the City has established an EAP. The program is designed to allow the employee and his or her family to voluntarily and confidentially seek professional assistance from an independent counseling service. An EAP agency is an independent agency, which provides professional and confidential diagnostic, counseling and referral service to City employees and their families by contract. In addition, when work performance problems are identified and cannot be corrected by the supervisor through normal corrective actions, use of the EAP may be suggested by the supervisor. The existence of non -work related personal problems does not release the employee from the responsibility to perform his/her job responsibility satisfactorily. Utilization of the EAP agency during normal working hours will be subject to the use of sick leave. The employee and his or her family may also choose to use the EAP agency's services independently without the suggestion of a supervisor. The self -initiated contact between the employee, his or her family and the agency will be confidential and records are not accessible to either the supervisor or the City. The EAP agency will provide up to three diagnostic sessions and, if necessary, a referral to potential service agencies for specific treatment. Coordination of medical benefits for the additional counseling or referral assistance by the EAP is determined by the medical plan covering the individual employee. Questions concerning insurance coverage or the EAP in general can be referred to Human Resources Coordinator. Personnel Policies Manual Page 31 CHAPTER 8. LEAVE 8.1 VACATION LEAVE Regular full-time and part-time employees may be eligible to earn vacation leave as outlined in the applicable collective bargaining contract, employment agreement or City resolution(s). Accordingly, the foregoing documents must be read in conjunction with this Policy to the extent they are applicable to any respective employee. Non Exempt Employees All full-time Non Exempt employees during their first year of continuous employment with the City shall begin to accrue vacation leave immediately on a prorated monthly basis equivalent to ten (10) days (80 hours) vacation leave. During the second year of continuous employment with the City, the employee shall accrue vacation leave on a monthly basis at the rate of eleven (11) days (88 hours) per year. During the third year of continuous employment with the City, the employee shall accrue vacation leave on a monthly basis at the rate of twelve (12) days (96 hours) per year. In addition, each year on the employee's anniversary date, after three (3) full years of continuous employment with the City, one (1) additional day (8 hours) of vacation for each year will be credited to his/her vacation account. The maximum annual vacation accrual rate shall not exceed thirty (30) days, 240 hours. Exempt Employees All Full Time Exempt employees shall be entitled to one hundred -sixty (160) hours vacation leave per year. The employee's vacation account shall be credited on a prorated monthly basis. In addition, each year on the employee's anniversary date, after three (3) full years of continuous employment, eight (8) additional hours of vacation for each year will be credited to his/her vacation account. The maximum annual vacation accrual rate shall not exceed 304 hours. Regular Part -Time Employees Regular part-time employees (working no less than 20 hours per workweek) earn one-half of the vacation leave accrued by regular full-time employees of the City. Temporary employees are not eligible for vacation benefits. Employees do not accrue vacation benefits during leave without pay. Other Terms and Conditions of Vacation Leave: Vacations should be scheduled in order to minimize disruption to City operations. Leave requests should be submitted as far in advance as possible (and at least two weeks Personnel Policies Manual Page 32 prior) to taking vacation leave. Vacation requests will be granted or denied based upon City operational needs as determined in the supervisor's discretion. The maximum amount of vacation leave for any employee that may be carried over from one calendar year to the next is 30 days, or 240 hours. Any accrued vacation in excess of this amount which is not used by the end of the calendar year (December 31st) will be forfeited without compensation, except in cases where the City has specifically informed the employee that City operational need has made it impractical for the employee to use vacation time. In that instance, the employee will be paid in cash (at his/her regular rate of pay) for the value of the specific vacation leave which the City informed the employee he/she would not be able to use. No employee shall be eligible to receive this cash payment, however, for any vacation leave which was not previously scheduled prior to December I st. Exempt and Non Exempt employees may receive leave pay for any portion of vacation earned, but not taken, upon leaving the employ of the City; provided, that in case of voluntary termination, the employee shall have given at least ten (10) calendar days' notice of such termination before being entitled to receive such pay. Upon date of termination the employee shall receive compensation for all vacation leave pro -rated from the last anniversary date. However, upon termination, vacation leave pay shall not exceed two hundred and forty (240) hours. If an employee has accrued vacation and bonus leave in excess of two hundred and forty (240) hours, the employee may (in the City's discretion) be continued on the payroll for the time equivalent to the amount of time in excess of two hundred and forty (240) hours of accrued vacation leave. Holidays observed during an employee's vacation leave shall not be counted as vacation leave taken. The leave pay of all employees shall be paid on the same schedule for the vacation period as the employee would have been paid for a regular week of work. If an employee becomes ill or injured during their vacation leave, the employee may request that the time be counted as sick leave, rather than charged against accrued vacation leave. Substitution of sick leave for vacation leave must be approved by the employee's supervisor and satisfactorily confirmed by the employee's healthcare provider. 8.2 LEAVE SHARING An employee may only donate vacation leave to another employee. Sick leave, accrued compensatory time, floating holidays or other type of leave are not eligible for donation to another employee. The Human Resources Coordinator, with concurrence of the receiving employee's Department Director (or the Mayor if the recipient employee is a Department Director), may (in the City's discretion) permit an employee to receive shared leave if: Personnel Policies Manual Page 33 A. The employee suffers, or has an immediate family member suffering from, an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature and which has caused, or is likely to cause, the employee to go on leave without pay status or to terminate their employment with the City. B. The employee has depleted or will deplete his/her total available paid leave during the absence. NOTE: The recipient employee is subject to the City's maximum 240-hour vacation leave carry over policy at the end of a calendar year. C. Prior to the use of shared leave, the employee has abided by the City's sick leave policy. D. The employee has diligently pursued and is found to be ineligible for state industrial insurance benefits, disability insurance benefits and/or any other benefits which might be available, with the exception of state public assistance. E. If deemed appropriate, the City may require that the employee provide appropriate medical justification and documentation both of the necessity for the leave and the time, which establishes that the employee can reasonably be expected to be absent due to the subject condition. The amount of shared leave, if any, which an employee may receive shall then be calculated. No full-time employee shall receive more than a total of 520 hours of shared leave within a 12-month period. No part-time employee shall receive more than a total of 260 hours of shared leave within a 12-month period. For purposes of this Policy a 12-month period shall be the 12-month period preceding an application to receive Shared Leave. F. The Mayor may permit an employee, who is experiencing an unusual or extraordinary situation that does not qualify as an extraordinary or severe illness, injury, impairment, or physical or mental condition, to receive shared leave if: 1. The reason for which the employee is or will be absent from the workplace is eligible for sick leave usage; 2. The receiving employee's Department Director recommends approval; 3. The employee has depleted or will deplete his/her total available paid leave during their absence; and 4. Prior to the use of shared leave, the employee has abided by the City's sick leave policy. G. Transfer shall be in increments of not less than 8 hours; with maximum amount of leave donated by any one employee not to exceed 80 hours; IT The donating employee must retain a total of 80 hours, or more, of total accrued vacation leave, after the transfer of shared leave; I. The transfer of leave from a donating employee shall not exceed the amount specified by that employee; J. All donations of shared leave shall be entirely voluntary; Personnel Policies Manual Page 34 K. Employees leaving the employ of the City, who have donated shared leave, shall not be eligible to receive payment for such donated leave at time of termination of employment or at any time in the future or under any circumstance. L. Shared leave may be transferred without regard to the City department in which donating employees and receiving employees may be assigned. M. While an employee is using shared leave, they shall continue to be classified as a City employee and shall receive the same treatment in respect to salary and employee benefits as they would normally receive if using accrued sick leave or vacation leave. All salary payments made to an employee while using shared leave shall be made by the department to which that employee is assigned. N. The salary rate, total salary, and earned benefits of an employee using shared leave shall not change as a result of the employee being on shared leave, but shall continue as if the employee were using accrued sick leave. O. The Payroll Department shall be responsible for adjusting the accrued leave balances to show the transferred leave. Records of all leave time transferred shall be maintained in the event that any time is returned at a later date to the donor. P. The leave transferred, which remains unused, shall be returned to the leave accrual account of the employee or employees who donated the leave (subject to the other provisions of this Policy). In the event more than one employee donated the unused leave, the amount of leave shall be returned prorated at the percentage of leave each employee originally donated. Q. The Human Resources Department shall monitor the use of shared leave with the objective of establishing uniform administration of this Policy for all employees of the City. Inappropriate use or treatment of the shared leave provision may result in the cancellation of the donated leave or use of shared leave and/or appropriate disciplinary action. In no event shall any unused -shared leave be paid to the recipient employee in the event of leaving City service. R. The City Treasurer or his/her designee shall determine the appropriate fund transfers and budget amendments as needed for City Council action. 8.3 PERSONAL HOLIDAYS Unless otherwise governed by collective bargaining contract, employment agreements or benefits resolutions, employees shall receive two (2) personal holidays each year to be selected by the employee; provided: the employee has been continuously employed by the City for more than four (4) months and the employee has given not less than fourteen (14) calendar days written notice to his/her supervisor. Provided, however, the employee and the supervisor may agree upon an earlier date, and the number of employees selecting a particular day off does not prevent the City from providing continued public service. Personnel Policies Manual Page 35 8.4 SICK LEAVE Regular full-time and part-time employees may be eligible to earn sick leave as outlined in the applicable collective bargaining contract, employment agreement or City resolution(s). Accordingly, the foregoing documents must be read in conjunction with this Policy to the extent they are applicable to any respective employee. Regular part-time employees may accrue no more than 50% of the sick leave benefits accrued by a regular full-time employee. Temporary employees do not earn sick leave benefits unless otherwise required by law. Sick leave is a conditional benefit based on the existence of a qualifying medical condition. Each employee is expected to manage his/her sick leave balance in order to adequately cover his/her needs. There is no entitlement to sick leave outside of the allowable uses outlined below. If an employee is on leave under the FMLA, all accrued sick and vacation leave must be used concurrently as part of the FMLA leave. Please also refer to the City's FMLA Policy. Accrued but unused sick leave shall have no cash value upon separation of employment (whether voluntary or involuntary) and may not be "cashed -out" by an employee. Sick leave will not be counted toward the computation of overtime compensation for non-exempt employees. Sick leave shall not accrue for any pay period during which an employee is absent, except for pay periods during which the employee is paid by the City for all absences by the used of accrued paid time off. (For example, employees shall not accrue sick leave while on unpaid leave or while receiving time loss benefits from L&I). This Policy is intended to comply with Washington's Family Care Act and any other applicable law. In the event of a conflict between any applicable law and this Policy, the applicable law shall govern. Allowable Uses of Sick Leave: Sick leave may be used by the employee to cover those situations in which an employee is absent from work due to: A. Employee's own health condition (illness, injury, physical or mental disability, or any period of actual disability resulting from pregnancy or childbirth); B. Employee's medical or dental appointments; Personnel Policies Manual Page 36 C. The need to care for the employee's dependent children, which includes any ward or legal dependent under the employee's exclusive care, under the age of 18 with a health condition that requires treatment or supervision; D. The need to care for a child, dependent or legal ward under the employee's exclusive care, when the child is over the age of 18, if the child is incapable of self care due to a disability. The term "disability" can include temporary disabilities; E. The need to care for a spouse/registered domestic partner, parent, parent - in -law, or grandparent of the employee who has a serious or emergency health condition; F. Medical or dental appointments for a dependent child, provided that the employee must make a reasonable effort to schedule such appointments at times which have the least interference with the work day; G. If necessary to obtain legal or law -enforcement assistance, medical treatment, services from a domestic violence shelter/crisis center, or counseling as the result of being victimized by domestic violence, sexual assault, or stalking or to relocate or devise a safety plan related to the foregoing. In addition, employees may take reasonable leave to help a "family member" who is the victim of domestic violence obtain needed treatment or service. "Family member" shall include the following persons for this purpose: a child, spouse, registered domestic partner, parent, parent -in-law, grandparent or person with whom the employee is dating; H. Exposure to a contagious disease where on-the-job presence of the employee would jeopardize the health of others; I. Use of a prescription drug that impairs job performance or safety; J. Bereavement/funeral leave for the death of an "immediate family member" (as defined below), for a length of time approved by the Department Director, but typically 24 hours. For travel out of State, an employee may receive, subject to approval of the Department Director, an additional sixteen (16) hours of paid bereavement leave. "Immediate family" means: spouse, registered domestic partner, children, stepchildren, sister, brother, grandmother, grandfather, mother and father of the employee or spouse, and any other familial inhabitant of the employee's household. All additional time shall be deducted from the employee's accrued vacation leave (if any). Sick leave may not be taken until it is earned. If sick leave is exhausted, accrued vacation leave, if any, will be used in its place (subject to eligibility requirements). Sick leave pay will not be granted for hours beyond what is considered the employee's regularly scheduled hours. Employees must notify their direct supervisor with as much notice as possible before they are scheduled to begin work if they intend to use sick leave. Personnel Policies Manual Page 37 The City may require a certification from an appropriate healthcare provider verifying the necessity for the use of sick leave. In addition, a doctor's certification may be required when an employee is absent in excess of three (3) consecutive days or as otherwise determined appropriate by the City in its discretion. The City may also request the opinion of a second doctor at the City's expense. When indicated, the City may request an employee be evaluated at the City's expense to determine whether the employee suffers from a chronic physical or mental condition which impairs his/her ability to perform the essential functions of their job, to assist in evaluating the employee's return to work options and to determine issues relating to any request for an accommodation. Employees who are habitually absent due to illness or disability may be terminated if they are unable to perform the essential functions of their job with or without a reasonable accommodation and/or their disability cannot be reasonably accommodated and the employee's absenteeism prevents the orderly and efficient running of the City's business. The City will comply with all applicable laws when making determinations in this regard. Employees who use all of their accumulated sick leave and require more time off work due to personal illness or injury may, with the Department Director's approval, be placed on a leave without pay. (See Personnel Policy No. 8.5 regarding leave without pay.) No employee, however, is entitled to receive leave without pay unless otherwise required by law. The decision as to whether an employee may receive leave without pay shall be made on a case -by -case basis as determined appropriate in the City's sole discretion. Employees who abuse sick leave privileges shall be subject to appropriate discipline, up to and including termination of employment. 8.5 LEAVE WITHOUT PAY The City may grant a leave of absence without pay to employees who require a leave of absence from work which is not covered by any other type of leave and who have exhausted all available paid leave. No employee is entitled to receive leave without pay unless otherwise required by law. The decision as to whether an employee may receive leave without pay shall be made on a case -by -case basis as determined appropriate in the City's sole discretion. This decision will be made by the employee's Department Director (or by the Mayor if the subject employee is a Department Director). The employee should make a written request for leave without pay in as far as advance as possible. A leave of absence will not be granted to allow an employee time off to seek employment elsewhere or to work for another employer. Employees who begin employment elsewhere while on an unpaid leave of absence, except military reserve duty, may be considered to have quit voluntarily. Personnel Policies Manual Page 38 The City reserves the right to require any employee requesting leave without pay due to a medical condition to present an appropriate medical certification verifying the need for the leave. The City also reserves the right to otherwise verify the necessity of the leave, and to require supporting documentation, to the extent appropriate and permitted by law. In order for the City to effectively and efficiently operate, leave without pay, if granted to an employee, shall generally be of a temporary duration unless otherwise required by law. If an employee is unable to return to work after receiving leave without pay, his/her employment may be terminated. Employees receiving leave without pay under this Policy may not receive or accrue any employment benefits while on unpaid leave, unless otherwise required by law. Employees may, however, be able to continue their health insurance, at their expense and under qualifying circumstances, during a leave without pay under this Policy. Please see the Human Resources Coordinator for additional information in this regard and to make any appropriate arrangements. The City reserves the right to require any employee returning from an unpaid leave of absence necessitated by their own illness or health condition to present a statement from their healthcare provider certifying that they are fit to return to work. Upon the expiration of leave under this Policy, the employee may be returned to his/her former position if available. If the employee's position is not available, the employee may be offered another available position for which he/she is qualified. If no position is available when the employee is able to return to work, the employee may be terminated, unless otherwise prohibited by law. Failure to report to work on the first day after the expiration of the leave of absence, without approval, will be considered a voluntary quit. If applicable, the City may require any unpaid leave of absence to run concurrently with leave under the FMLA or any other leave of absence from the City. 8.6 JURY AND WITNESS LEAVE Jury Duty: The City provides all employees with leave for the full period of jury duty service. You must provide a copy of the jury duty summons as soon as possible after receiving it. Because state law, RCW 2.36.150, provides that payments received by jurors from the court for each day's attendance constitute "expense payments," the City does not require employees to remit such payments to the City, including for periods of paid leave. The employee must give the City prompt notice of the call for jury duty, and in order to be eligible to receive paid jury duty leave the employee must furnish the City a written statement from the court showing the dates and times of jury duty served. If an employee is summoned during a critical work period, the City may ask the employee to Personnel Policies Manual Page 39 request a waiver from jury duty. Employees on Jury Duty Leave are required to report back to work if released from Jury Duty during their normal working hours. Witness Duty: All employees summoned to testify in court are allowed time off for the period they serve as witnesses. In general, witness duty leave is unpaid for non- exempt employees unless you are a witness in a case involving the City (exempt employees shall generally be paid for witness duty leave if they perform other work on behalf of the City during the designated workweek). 8.7 DOMESTIC VIOLENCE LEAVE In accordance with the Washington Domestic Violence Leave Act, Chapter 49.76 RCW, the City will provide reasonable leave from work, including leave on an intermittent or reduced -schedule basis, for employees who are victims of domestic violence, sexual assault, or stalking for the following purposes: (a) to seek legal remedies or an enforcement action against the perpetrator; (b) to obtain medical treatment for physical or mental injuries; (c) to obtain services from a domestic violence shelter or other crisis center; (d) to obtain social services support or mental health counseling; or (e) to relocate or devise a safety plan. This law allows employees to take leave for themselves or to assist a "family member" (as defined under this law) who is a victim of domestic violence, sexual assault, or stalking to take any of the steps outlined above. The employee may elect to use sick leave, vacation, compensatory time, or other accrued paid time off (if any), or may take unpaid leave. Domestic violence leave, including documentation of such leave, will be applied and administered in accordance with the provisions of the Ch. 49.76 RCW. Nothing in this Policy shall be construed to provide greater or lesser leave rights to employees than that which is required by Ch. 49.76 RCW. Employees requesting Domestic Violence leave under this Policy are required to notify the Human Resources Coordinator for the necessary forms. 8.8 ADMINISTRATIVE LEAVE On a case -by -case basis, the City may place an employee on administrative leave with or without pay for an indefinite period of time. Administrative leave may be used in the best interests of the City as determined by the Mayor or applicable Department Director in his/her discretion during an investigation or other administrative proceeding or as otherwise determined appropriate. The fact that an employee has been placed on administrative leave shall not be considered a disciplinary action. 8.9 MILITARY LEAVE The City provides all employees leave while performing military service in accordance with federal and state law. Military service includes active military duty and reserve or National Guard training. Personnel Policies Manual Page 40 Under the terms set forth in RCW 38.40.060, regular full-time and part-time employees shall be entitled to receive a paid military leave of absence of up to twenty- one (21) days during each year beginning October 1st and ending the following September 30th for military service. Employees are required to provide the Human Resources Coordinator with copies of their military orders as soon as possible after they are received. Reinstatement upon return from military service will be determined in accordance with applicable federal and state law. 8.10 HOLIDAYS The following are generally recognized as paid holidays for all regular full and part-time employees of the City: New Year's Day Martin Luther King Jr. Day Memorial Day July 4th Labor Day Thanksgiving Day Day after Thanksgiving December 25th December 31st Any holiday falling on Saturday may be celebrated on the preceding Friday. Any holiday falling on Sunday may be celebrated on the following Monday. The City reserves the right to modify or rescind the foregoing holiday schedule, as it deems appropriate in its sole discretion, unless otherwise required by law or contract. Regular part-time employees shall only receive a paid holiday if they were regularly scheduled to work on the subject holiday. Temporary employees are not eligible to receive holiday leave. Employees are not eligible for holiday pay while on leave which is unpaid by the City unless otherwise required by law. Regular non-exempt employees required to work during a holiday may be paid one and one-half times their regular rate of pay for actual time worked on the holiday, even if they have not exceeded their designated number of hours in their typical work period (i.e. typically 40 hours per week). Personnel Policies Manual Page 41 8.11 RELIGIOUS HOLIDAYS If an employee's religious beliefs require observance of a holiday not included in the basic holiday schedule, the employee may, with his/her supervisor's approval, take the day off using vacation or leave without pay. 8.12 THE FEDERAL FAMILY AND MEDICAL LEAVE ACT OF 1993 (FMLA) AND RELATED LEAVE UNDER WASHINGTON LAW The City fully complies with the federal Family and Medical Leave Act of 1993 (FMLA) and all related Washington State law regarding medical leave, family care leave, and any other required leave. The statutory requirements for these various laws have incorporated into this Policy, the City's Sick Leave Policy, and the City's other applicable policies contained in this Personnel Policies Manual. Overview of General FMLA Leave Eligibility The FMLA provides up to 12 weeks of unpaid, job protected leave every 12 months to eligible employees for specified family care and medical reasons. To be an eligible employee, you must have worked for the City for a total of 12 months and worked a minimum of 1,250 hours over the previous 12 months as of the date leave is requested. The City uses a "rolling" method to determine eligibility, meaning FMLA leave eligibility will be determined from the time of the initial request for leave by looking at the employee's prior 12-month work history. The 12-week leave period will begin at the date the employee's request is granted and will provide for up to 12 total weeks of leave, whether taken at one time or intermittently (as discussed below in this Policy), in the 12 months that follow. Upon return from FMLA leave, the employee will generally be restored to his/her original, or an equivalent, position. However, an employee shall have no greater right to reinstatement than if he/she had been continuously employed during the FMLA leave period. Accordingly, an employee who would not have otherwise been employed at the time of reinstatement is requested shall not be entitled to reinstatement. For example, entitlement to reinstatement shall not apply if the employee's position is eliminated by reorganization or layoff, the employee takes another job while on FMLA leave, or the employee's employment would have otherwise been terminated. In addition, if an employee fails to return at the end of the FMLA leave, the employee may be considered to have voluntarily resigned his/her position with the City. Reasons for Taking FMLA Leave Unpaid FMLA leave is granted to eligible employees, based on the 12-month rolling method described above, for any of the following reasons: A. For incapacity due to pregnancy, prenatal medical care or child birth; Personnel Policies Manual Page 42 B. To care for the employee's child after birth, or placement for adoption or foster care (within the first 12 months after the birth or placement); C. To care for the employee's spouse, registered domestic partner, child, or parent, who has a "serious health condition" (a child is defined as someone who is: (a) under the age of 18 or (b) older but incapable of self - care because of a physical or mental disability); or D. For a "serious health condition" that makes the employee unable to perform the his/herjob. For purposes of this Policy, a "serious health condition" is defined as an illness, injury, impairment, or physical or mental condition that involves "inpatient care" (i.e., an overnight stay in a hospital, hospice or residential medical -care facility, including any period of "incapacity", or any subsequent treatment in connection with such inpatient care) or continuing treatment by a health care provider as defined below: A "serious health condition" involving "continuing treatment by a health care provider" means any one or more of the following: a. Incapacity and Treatment. A period of "incapacity" (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefore, or recovery therefrom) of more than three consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also involves: (i) Treatment two or more times, within 30 days of the first day of incapacity, unless extenuating circumstances exist, by a health care provider, by a nurse under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider; or (ii) Treatment by a health care provider on at least one occasion, which results in a regimen of continuing treatment under the supervision of the health care provider. * The requirements above for treatment by a health care provider means an in -person visit to a health care provider. The first (or only) in -person treatment visit must take place within seven days of the first day of incapacity. * Whether additional treatment visits or a regimen of continuing treatment is necessary within the 30-day period shall be determined by the health care provider. Personnel Policies Manual Page 43 b. Pregnancy or prenatal care. Any period of incapacity due to pregnancy, or for prenatal care. C. Chronic Conditions. Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which: (i) Requires periodic visits (meaning at least twice a year) for treatment by a health care provider, or by a nurse under direct supervision of a health care provider; (ii) Continues over an extended period of time (including recurring episodes of a single underlying condition); and (iii) May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). d. Permanent or long-term conditions. A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease. e. Conditions requiring multiple treatments. Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, for: (i) Restorative surgery after an accident or other injury; or (ii) A condition that would likely result in a period of incapacity of more than three consecutive, full calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), or kidney disease (dialysis). If an employee takes leave for a condition that progresses into a serious health condition and the employee subsequently requests leave under this Policy, the City may designate all or some portion of the related leave taken as FMLA leave under this Policy to the extent that the earlier leave meets the necessary qualifications and is authorized by law. Personnel Policies Manual Page 44 Additional Requirements Under Washington Law for Pregnancy -Related Leave Under Washington law, a female employee is also entitled to a leave of absence for the period of time that she is sick or temporarily disabled because of pregnancy or childbirth (in addition to leave under the federal FMLA). Pursuant to Washington law, a woman on pregnancy -related leave shall be treated the same as other employees on leave for sickness or other temporary disabilities. This type of leave is for the period of temporary disability or sickness because of pregnancy or childbirth only, and not for child rearing after the temporary disability ends. Employees should contact the Human Resources Coordinator with any questions they may have regarding this leave. Overview of Military -Related FMLA Leave The federal National Defense Authorization Act expands FMLA-qualified events to include eligible employees caring for certain injured servicemembers as well as for family members who have a close family member called to active duty. These rights are summarized below. 1. Military Caregiver Leave An eligible employee who is the spouse, registered domestic partner, son, daughter, parent, or "next of kin" of a covered military servicemember who is recovering from a serious illness or injury incurred in the line of duty while on active duty is entitled to up to 26 weeks of FMLA leave in a single 12-month period to care for the service member. The single 12-month period is measured forward from the date an employee's leave to care for the covered servicemember begins. Eligible employees are entitled to a combined maximum of 26 weeks of all types of FMLA leave. When leave is taken to care for a covered servicemember with a serious injury or illness, the City may require an employee to obtain a certification completed by an authorized healthcare provider of the covered servicemember. In addition, servicemember family leave requests should be accompanied by appropriate documents from the U.S. Department of Defense or other appropriate entity. 2. Leave Because of a Qualifying Exigency Eligible employees are also entitled to take FMLA leave while the employee's spouse, registered domestic partner, son, daughter, or parent (the "covered military servicemember") is on active duty or call to active duty status for one or more of the following "qualifying exigencies": (a) short -notice deployment (i.e., a week or less notice of deployment); (b) military events and related activities; (c) for urgent childcare arrangements (but not ongoing childcare) and school activities; (d) financial and legal tasks to deal with a covered servicemember's active duty; (e) to attend nonmedical counseling for the employee, the covered servicemember, or child of the covered servicemember; (f) to spend time with the covered servicemember on rest and Personnel Policies Manual Page 45 recuperation breaks during deployment; (g) post -deployment activities; and (h) for other purposes arising out of the call to duty, as agreed upon by the employer and employee. A "covered military servicemember" means the employee's spouse, registered domestic partner, child, or parent who is: (1) in the regular armed forces and is deployed to a foreign country; or (2) is a member of the National Guard or military reserves and called to active duty in a foreign country. The City may require the employee to provide a copy of the covered military servicemember's active duty orders from the U.S. Department of Defense the first time the employee requests FMLA exigency leave and may require that a qualifying exigency be supported by an appropriate certification from the employee. Substitution of Paid Leave Benefits The City requires employees who are taking FMLA leave to concurrently exhaust all paid leave options while on leave to the extent permissible by law. Available sick leave will be used first, then accrued compensation time and vacation. Once all paid leave options are exhausted, the employee will remain on unpaid leave for the remainder of the FMLA leave period. Except as provided below, vacation, sick leave, and other benefits or rights of employment, do not accrue during any unpaid portion of FMLA, unless otherwise provided by law. The employee's healthcare benefits will continue while an employee is on unpaid FMLA leave in the same manner such benefits were paid while the employee was actively working. This means if the employee pays a contribution for healthcare benefits, that contribution must continue during the period of leave in order to maintain those benefits. Please contact the Human Resources Coordinator to coordinate the payment of any necessary healthcare contributions. If an employee fails to return to work at the end of the FMLA leave period, the employee may be required to reimburse the City for the cost of the premiums paid for maintaining healthcare coverage during the leave period unless the reason the employee does not return is due to: (a) the continuation, recurrence, or onset of a serious health condition of the employee or the employee's family member which would otherwise entitle the employee to leave under the FMLA; or (b) other qualifying circumstances beyond the control of the employee as defined by applicable law. Intermittent Leave It may be medically necessary in some circumstances for employees to use intermittent FMLA leave. Intermittent leave is typically taken in blocks of time consistent with the need for medical treatment or to recover from a medical procedure when the employee can resume a normal work shift in between the medical treatments/procedures. Employees requesting intermittent FMLA leave may be required, if applicable, to provide medical certification which states the dates and duration of the Personnel Policies Manual Page 46 medical treatment, as well as a statement of medical necessity for taking intermittent leave. Employees needing intermittent/reduced schedule leave for foreseeable medical treatment must work with the City to schedule the leave so as not to unduly disrupt the City's operations, subject to the approval of the employee's healthcare provider. The City reserves the right to transfer an employee temporarily to an alternative job with equivalent pay and benefits that better accommodates the employee's need for intermittent leave than his/her current position. FMLA leave because of the birth or placement of a child for adoption or foster care must be completed within the 12-month period beginning on the date of birth or placement of the child. This leave may not be taken intermittently. Advance Notice to the City and Medical Certifications When requesting FMLA leave, the employee must provide the City with at least thirty (30) days advance written notice when the need for the leave is foreseeable. This notice should be provided to the Human Resources Coordinator. If 30 days notice is not possible, the employee must give the City advance written notice as soon as practicable, usually at least three (3) business days (unless the need for the leave arises from a sudden emergency). Employees shall complete all necessary forms and documentation for FMLA leave. Please see the Human Resources Department to obtain the required forms/documentation. Absent legitimate emergency situations, employees must follow the City's usual and customary requirements for requesting leave and calling in absences. Employees who fail to provide proper notice of their need for FMLA leave may jeopardize their rights under this Policy, which may result in a denial of leave or a delay in approving their leave request. In addition, employees who fail to follow this Policy may be subject to the consequences of an unexcused absence. The City will provide individual notice of rights and obligations to each employee requesting leave as soon as practicable and within the timeframes required by law. For employees on intermittent leave or recurring leave for the same incident, this notice may be provided every six (6) months or as otherwise required by law. The City may require the employee to present appropriate medical certification for FMLA leave if the leave requested is for the employee's own serious health condition or to care for a family member's serious health condition (or as otherwise determined appropriate by the City in compliance with applicable law). The employee must provide this medical certification within fifteen (15) days of the City's request for the same. Failure to provide the requested medical certification in a timely manner may result in a delay or denial of the leave, or a discontinuance of the leave until it is provided. The City may conditionally grant an employee's FMLA leave request in appropriate situations pending receipt of satisfactory medical certification. Personnel Policies Manual Page 47 The City reserves the right to have an authorized person (excluding the employee's direct supervisor) contact the employee's healthcare provider on its behalf for verification of information in appropriate circumstances. The City also reserves the right to require the employee to be seen by a medical specialist of its choosing, at its expense, for the purpose of verifying whether the employee's condition qualifies for leave under the FMLA or to confirm issues as part of a planned return to work. If the opinions of the employee's and the City's designated healthcare provider(s) differ, the City may require, at its expense, the employee to obtain certification from a third healthcare provider. This third opinion shall be final and binding. The third healthcare provider must be approved jointly by the employee and the City. The City may place an employee who is absent for three (3) days or more (or as otherwise determined appropriate by the City) on FMLA leave. The City may present an employee who is absent for medical reasons with a medical certification form to be filled out and returned to determine if the employee is eligible for FMLA leave. All medical examinations required under this Policy will occur not less than thirty (30) days apart during any period of leave granted under the FMLA, unless otherwise authorized by law. Medical examinations may be used to confirm or refute medical information provided by the employee, assist with return to work analysis and options, confirm or refute fitness for duty assessments, or help evaluate workplace restrictions or accommodations. Finally, the City may require, at such times as are permissible under the FMLA, a recertification of the subject medical condition, a recertification when an extension of leave is requested, and a recertification if the City receives information casting doubt on the employee's stated reason for an absence or the continuing validity of the last certification. Concurrent Workers' Compensation Leave All time loss, work related injuries, and similar circumstances may also be subject to the City's FMLA Policy, so that leave taken under work loss may also be FMLA eligible. The City may require any time loss from work related injuries subject to Washington's workers' compensation statutes to run concurrently with FMLA leave. The City reserves the right to place an employee who is absent from work under these circumstances on FMLA leave to effectuate this Policy unless otherwise prohibited by law. Return to Work The City values the safety, health, and well being of all employees. The City's policy is to provide safe and healthful working conditions in all operations and to follow Personnel Policies Manual Page 48 the laws and regulations about the safety and health of our employees. Before being allowed to return to work, therefore, an employee who has been away from work due to an injury or illness will normally be required to provide a Fitness for Duty statement from the appropriate healthcare provider certifying that the employee is able to resume his or her job duties, or specifying limitations on any duties. If restrictions or limitations are placed on the employee's ability to perform the job, the City shall interactively work with the employee to determine if there are any reasonable accommodations that it can make to enable the employee to return to work and perform the essential functions of his or her job. The City may require a physical examination at City expense, performed by a healthcare provider of its choice, to determine when the employee can return to work and if he/she is capable of performing the essential functions of his/her position with or without a reasonable accommodation. The City reserves the right to delay or deny an employee from returning to work for the City until he/she provides an appropriate Fitness for Duty statement. Reporting While on Leave Employees on FMLA leave may be required to provide an update every month (i.e., not more often than once every 30 days unless otherwise authorized by law) while on leave to make certain the initial time provided for approved leave is sufficient and to confirm the employee's status and intended return to work date. Other Insurance If an employee is covered by other insurance plans, such as life or disability insurance, that coverage will continue during any paid portion of FMLA leave on the same basis as if the employee were actively working provided that the employee would be covered while on other forms of paid leave (such as vacation, sick, or compensatory time). If the employee is on unpaid FMLA leave, or any other form of unpaid leave, he or she will be responsible for the full amount of these premiums, or risk a lapse of coverage. Please contact the Human Resources Coordinator to coordinate the payment of any necessary insurance contributions. Spouses or Registered Domestic Partners Employed by the City If an employee and his/her spouse or registered domestic partner both work for the City and they both request leave for the birth, adoption, or foster care placement of a child, or to care for a parent with a serious health condition, the total annual FMLA leave available to them as a couple for these purposes is 12 weeks. Key Employee Designation The City reserves the right to designate certain employees within the highest paid 10% of its workforce as "key employees". A "key employee" is an employee whose restoration after taking FMLA leave would cause substantial and grievous economic injury to the operations of the City. The City will provide written notice to employees Personnel Policies Manual Page 49 who will be designated as "key employees" at the time the employee gives notice of the need for FMLA leave (or when the FMLA leave commences, if earlier). A key employee may not retain the right of job restoration after taking FMLA leave, if such restoration would cause a substantial and grievous economic injury to the operations of the City. Other Provisions Employees on leave under the FMLA shall be subject to the same City rules, policies, and procedures governing employees on other types of leaves of absence. Employees on FMLA leave (like all employees on leave from the City) shall not engage in other employment (excluding required military reserve duty) unless they obtain prior approval from the Mayor or his/her designee. Questions Employees with questions about FMLA leave are strongly encouraged to contact the Human Resources Coordinator. Personnel Policies Manual Page 50 CHAPTER 9. CITY PROPERTY AND PUBLIC RECORDS 9.1 ISSUANCE, USE, AND RETURN OF CITY PROPERTY All property issued to an employee by the City will be recorded on the employee's individual property receipt form. This form will be maintained by the employee's supervisor or designee. All property issued to an employee shall remain the property of the City and shall be used for business purposes only. The City may require any equipment initially issued to the employee to be returned to allow a more proper distribution of resources or as otherwise determined appropriate by the City. The issuance of City equipment shall not be construed as a job benefit, entitlement, or right, but will be left to the sole discretion of the respective Department Directors, their management staff, and the Mayor and City Council. If the employee is issued City equipment, all City policies regarding proper use of this equipment apply, even if the employee is permitted to take equipment home from time to time. Upon an employee's departure from employment, all City employees shall return all tangible City proprietary information and City equipment in their possession or control on or before their last day of employment. This includes information relating to pending or completed City projects, improvements, possible acquisitions or purchases, including the purchase of services or equipment, real estate or other information. All City equipment and property, issued by the City or paid for by the City, must also be returned, to include any identification information that would associate the prior employee with City service. Similarly, the City may require any employee on leave to return all tangible City proprietary information and City equipment in their possession or control. 9.2 USE OF CITY ISSUED CELL PHONES This Policy applies to City issued cell phones and is applicable to all employees, contract service providers or elected officials who have been granted permission to use a City issued cell phone. Cell phones will only be temporarily loaned or issued to a City employee or elected official if it is beneficial to the City and shall not be construed as a entitlement, benefit or right of the employee. City issued cell phones shall not be used for personal purposes. They are issued for business purposes only. An individual making or receiving personal calls is responsible for a full reimbursement regarding any personal calls or other expense charged to the City. If personal phone calls cost the City additional amounts due to call overages for the billing cycle, the employee is also responsible for reimbursing the City promptly for these expenses. Personnel Policies Manual Page 51 If an employee uses their personal cell phone for approved City related business, they may request reimbursement on the employee's expense reimbursement request form. Such requests are subject to supervisor approval. If another means of communication is available that is more cost effective, such as land lines or two-way radios, then these forms of communication should be used rather than a cell phone, unless an emergency situation exists. 9.3 GENERAL POLICY REGARDING USE OF THE CITY'S RESOURCES A. Overview of Policy This Policy sets forth, among other things, the guidelines and restrictions for the use of electronic data, resources, and equipment by City employees and volunteers, including the use of voice -mail, telephones, cell phones, computers, e-mail, the Internet, Intranet, computer systems, facsimile machines, and photocopy machines (hereinafter referred to as "electronic resources"). Electronic resources include those owned or leased by the City, that are used or accessed on the City's premises, or that are used for the City's business. Access to these resources is provided to employees solely for the benefit of the City and to further the City's business. Because access to the Internet is not essential for each City employee, Internet access will be provided to employees only upon approval from their respective Department Director. Access to the City's electronic resources is reserved for employees who are actively providing services to the City. Thus, employee access to these systems may terminate immediately upon a change in status, such as termination, administrative leave, lay off or any extended employee absence from work, such as extended medical leave. This Policy also provides guidelines and restrictions for any other resources of the City (hereinafter referred to as "physical resources"). Physical resources include, but are not limited to, desks, file cabinets, storage areas, bulletin boards, vehicles, and other storage areas. Access to these resources is provided to employees solely for the benefit of the City and to further the City's business. This Policy also covers any other City resources not specifically set forth above. All employees are required to use the City's electronic, physical, and other resources in a legal, appropriate, and professional manner. Employees may only use the City's electronic, physical, and other resources for the City's business purposes. The only exception to this rule is that incidental and occasional personal use of the City's electronic mail, Internet access, and telephones (land -lines) is permitted if it is conducted on the employee's own time, does not conflict with the performance of the employee's regular duties, job performance, and other City policies, does not result in expense to the City, and is used in a safe, legal, and appropriate manner. Furthermore, all employees' use of the City's resources must be appropriate and consistent with the City's professional environment. Personnel Policies Manual Page 52 Employees are responsible for ensuring that their respective use of the City's electronic, physical, and other resources is professional, ethical, appropriate, and legal. Employees are expressly prohibited from using the City's electronic, physical, and other resources in any manner that interferes with the City's ability to conduct its business or the employee's ability to perform their employment duties. All employees must acknowledge and agree that they will use the City's electronic, physical, and other resources in compliance with this Policy as it currently exists or as it may be modified by the City in its sole discretion. Any employee who violates this Policy will be subject to appropriate discipline, up to and including termination. B. Inappropriate Behavior and Use of the City's Resources is Prohibited All electronic, physical, and other resources, including the information stored thereon or therein, belong to the City. All electronic, physical, and other resources may only be used for appropriate purposes as set forth in this Policy. Employees are prohibited from using the City's electronic, physical, or other resources for personal gain or in any inappropriate, illegal or unsafe manner. The City prohibits employees from using its electronic, physical, or other resources to send, save, view, or access in any manner offensive and/or inappropriate material. Employees are prohibited from using the City's resources in any manner that violates the City's Anti -Harassment and Anti -Discrimination Policy. Along these lines, employees are also prohibited from accessing or exposing, in any manner, the City's workplace, other employees, business contacts, members of the public and/or any related person or entity to offensive or inappropriate material, language and the like. Offensive materials include, but are not limited to, sexual comments, jokes, or images, racial slurs, comments, jokes, or images that may offend someone on the basis of race, color, creed, sex, gender, pregnancy, age, national origin or ancestry, physical or mental disability, martial status, sexual orientation (including gender expression and gender identity), genetic information, and any other category protected by federal, state, or local law or other authority. In addition to the foregoing, the City prohibits (in regard to the use of its resources): 1. Employees, other than designated computer personnel, from installing software or other programs or executable files on City computers or computer related equipment, or downloading any of the foregoing from the Internet. Some executable files contain viruses that may disable City equipment or damage stored information. Further, software cannot be copied or downloaded without properly purchasing the user rights to these programs. All changes, additions or deletions of computer programs must Personnel Policies Manual Page 53 be authorized by the respective Department Director, and carried out by appropriate personnel. 2. Employees from opening spam. 3. Employees from visiting pornographic or other offensive websites. Employees are also prohibited from visiting Internet dating services, gaming websites, and websites that charge fees (unless the website that charges a fee is used for legitimate City business and is approved in advance by the employee's respective Department Director or the Mayor or his/her designee). 4. Employees from releasing confidential City information. 5. Employees from joining "chat -rooms," non -work related web discussion groups, or participating in online surveys or contests. 6. Any conduct that may affect the integrity of the City's resources. All employees are expected to conduct themselves in a professional and appropriate manner at all times. Any employee who becomes aware or believes that another employee is violating this Policy must immediately report the same in as much detail as possible to their immediate supervisor or the Human Resources Coordinator as soon as possible. The City will not retaliate against any employee who makes such a report in good faith. If the City determines that a violation of this Policy has occurred, it will take appropriate disciplinary action, up to and including termination of employment. C. Employees Have No Expectation of Privacy The City reserves the right to access all physical, electronic, and other resources and the information stored therein or thereon at any time. ALL OF THE CITY'S ELECTRONIC, PHYSICAL, AND OTHER RESOURCES ARE SUBJECT TO ACCESS, INSPECTION, SEARCH, AND MONITORING BY THE CITY AT ANY TIME WITHOUT NOTICE. THIS INCLUDES THE RIGHT TO MONITOR CITY CELLUAR TELEPHONES (THROUGH GLOBAL POSITIONING SATELLITE TECHNOLOGY AND/OR OTHER MEANS), TEXT MESSAGES, AND THE LIKE. THE CITY RESERVES THE RIGHT TO CONDUCT COMPLETE WORKPLACE INVESTIGATIONS, INCLUDING THE ACCESS, SEARCH, AND INSPECTION OF ALL FILES, MESSAGES, COMMUNICATIONS, OR OTHER INFORMATION OR DATA CREATED, STORED, COPIED, SENT, RETRIEVED, RECEIVED, OR OTHERWISE MAINTAINED ON OR IN ITS ELECTRONIC, PHYSICAL, OR OTHER RESOURCES OR ANY OTHER LOCATION WITHIN THE WORKPLACE AT ANY TIME WITHOUT NOTICE AS IT DEEMS APPROPRIATE IN ITS SOLE DISCRETION. Personnel Policies Manual Page 54 THE FOREGOING WORKPLACE INSPECTIONS MAY BE CONDUCTED DURING OR OUTSIDE BUSINESS HOURS AND IN THE PRESENCE OR ABSENCE OF THE EMPLOYEE. Employees are also hereby put on notice that their use of the City's electronic and physical resources may be subject to a request for records under the Public Disclosure Act or other applicable law. All employee passwords or codes for electronic resources, or for any other City equipment or resources, must be made known to the employee's immediate supervisor and may be utilized by the City in the employee's presence or absence. While employee passwords may be used for City security purposes, the use of such passwords is not intended to keep messages, communications, or other information confidential on behalf of the employee. The City may also override any employee password or code to access, inspect, monitor, or search any electronic, physical, or other resources used by the employee. As set forth above, employees are on notice that messages and all other data or information stored on or in the City's electronic, physical, or other resources, including personal messages and data, are subject to access, inspection, monitoring, and search by the City at any time and are not to be considered confidential or private and do not create any right of privacy. EMPLOYEES SHOULD HAVE NO EXPECTATION OF PRIVACY IN ANYTHING THEY WRITE, CREATE, RETRIEVE, RECEIVE, STORE, COPY, SEND, OR VISIT USING THE CITY'S ELECTRONIC, PHYSICAL, OR OTHER RESOURCES. If an employee is given a key to lock their respective desk, workspace, or other area on the City's premises, the City will maintain a duplicate key and/or master key so that it may access any locked area at any time without notice. The City may open a locked desk, workspace, or any other area on its premises or property in order to inspect, access, monitor, investigate, or search its contents. An employee's keys DO NOT CREATE ANY RIGHT OF PRIVACY in the City's electronic, physical, or other resources, or in any of the information, materials, or data stored therein or thereon. No employee may change locks without express written authorization from their immediate supervisor. In addition, no employee may use their own lock to secure any workplace area on the City's premises without express written authorization from the employee's immediate supervisor. A lock, or any other device used to secure the City's electronic, physical, or other resources does not create any right to privacy on behalf of the employee or in any of the materials, information, or data stored thereon or therein. The City expressly reserves the right to open any secured space to inspect, access, search, monitor, or investigate its contents at any time with or without notice in the employee's presence or absence. Personnel Policies Manual Page 55 Employees who violate this Policy will be subject to appropriate disciplinary action, up to and including termination of employment. 9.4 EMPLOYEE'S RESPONSIBILITY FOR CITY ISSUED EQUIPMENT Employees using City resources outside of City premises are responsible for maintaining appropriate security for the subject resource at all times. This includes the duty to ensure the subject resource is physically secure, an appropriate password is maintained if applicable, and all information/data is secure. Employees shall not leave City resources unsecured. In addition, should City issued property become damaged, lost or stolen due to the negligence of an employee, the applicable Department Director may require that the property be replaced, less the amount of any reasonable depreciation, at the employee's expense, if such losses are not covered by the City's insurance policy. In all cases where the employee's conduct results in a loss of City property, and the employee's conduct is intentional or deliberate, or in direct violation of City policies, the City may demand payment of the full replacement cost, without taking into account depreciation. Any protest of the City's determination that the employee shall be held responsible for the City's losses must be presented to the Mayor or his/her designee within ten (10) days from the date the employee has been notified of the City's decision. Any right to protest said decision that is not timely presented is waived. The decision of the Mayor responding to the employee's protest shall be final. Employee conduct which results in a loss to the City of equipment or property may also result in disciplinary action, up to and including termination of employment. If the employee owes money to the City for City issued equipment which was destroyed or damaged, and the employee is notified he or she will be held responsible for such losses but fails to file a timely protest or such protest is rejected, the employee may specifically authorize deduction from his or her paycheck to reimburse the City for any losses incurred by the City. Deductions will be for the entire amount owed from the employee's final paycheck if the employee will no longer be working with the City. Deductions can be spread out over a finite period of time if the employee remains employed with the City. The City also reserves the right to institute any appropriate legal action to recover funds owed by the employee if he/she does not authorize deduction of the same from his/her paycheck. 9.5 USE OF CITY VEHICLES The following rules are applicable to the use of all City vehicles: A. City vehicles and equipment shall be used for City business only. Use of a vehicle must be authorized by a Department Director or the Mayor. Employees performing duties on an on -call basis or who may be asked to respond to an emergency situation may be eligible to use a City vehicle Personnel Policies Manual Page 56 while on call or in response to an emergency. In some departments, City vehicles may be assigned to an employee for this purpose. All such vehicles must be locked and secured when not in use and shall be used only in connection with City business. B. Any employee or volunteer operating a City vehicle, or using a motor vehicle for City business, must be at least 18 years of age and must have a valid and unsuspended Washington Driver's License. Employees and volunteers using the City's vehicles must provide proof of a current driver's license and appropriate insurance information, and update that information as requested or when the subject information changes. C. City vehicles and equipment must be operated at all times in a manner consistent with standard safety guidelines and procedures, the rules of the road, traffic laws and weather and traffic conditions. Unsafe driving practices will not be tolerated and will subject the employee to appropriate disciplinary action, up to and including termination of employment. Employees are not authorized to perform repairs or maintenance duties on assigned vehicles unless an emergency necessitating said repairs occurs when the vehicle cannot be returned to the City for servicing. No one may operate any vehicle on behalf of the City which contains a defect that would or could prohibit its safe operation. Only City employees and volunteers assigned to drive for City business are permitted to drive a City vehicle. D. No one other than an authorized City employee, volunteer, or agent may use or be placed in the City's vehicles, other than as allowed for in the Police Department by General Order or by internal policies unless permission is granted by a Department Director or Mayor. Any unauthorized passengers in a City vehicle place the City's insurance coverage at risk and may result in appropriate discipline for the responsible employee. E. An accident control kit has been provided for each vehicle and shall be stored in the glove box. This kit contains materials each employee will need if involved in an accident. Employees are required to report any accident, no matter how minor, by completing an accident report. All accidents must be reported to the employee's direct supervisor and City Clerk as soon as possible and no later than 24 hours after the occurrence unless the employee is physically unable to make such report. The employee shall comply with all applicable law regarding remaining at the scene of an accident, exchanging insurance information, and any other applicable law. Employees involved in an accident may be subject to drug and alcohol testing to the extent permissible by law. The City may also conduct any other investigation into the accident that it deems appropriate in its discretion. Personnel Policies Manual Page 57 F. No employee may use a cell phone/communications device while driving unless they use a "hands free" ear piece and it is otherwise safe and lawful to do so. Furthermore, employees whose job responsibilities include regular or occasional driving are expected to refrain from using their cell phone while driving — use of a cell phone/communications device while driving is not required by the City. The City's police officer employees are exempt from this requirement when performing law enforcement activities, provided that their use of the subject cell phone/communications device complies with applicable law. Safety and compliance with the law must come before all other concerns. Regardless of the circumstances, including slow or stopped traffic, employees are required to pull off to the side of the road and safely stop the vehicle before placing or accepting a call or use of hands -free operations (in which case, the employee shall refrain from discussion of complicated or emotional matters, keep their eyes on the road, and comply with all applicable law). Special care should be taken in situations where there is traffic, inclement weather or the employee is driving in an unfamiliar area. The City shall not be responsible for the payment of any traffic citation (moving or non-moving violation) or related ticket, citation, or liability received by an employee or volunteer unless otherwise required by law. G. If maintaining the ability to legally operate a vehicle is an essential job requirement, an employee may be terminated if he/she is unable to maintain the required licensure and insurance. H. Smoking is not permitted inside City vehicles. 9.6 USE OF PERSONAL VEHICLES An employee's personal vehicle, if used on City business, is not covered under the City's insurance agreement. Employees need to inform their insurance carrier so they are covered under their own insurance 9.7 USE OF CITY CREDIT CARDS Department Directors may apply for a City issued credit card, with the Mayor's approval, for business use in the following situations: A. For conference registration for Department Directors or designated employees to assist with business air or train travel, hotel, car rental or other reasonable business expenses. Personnel Policies Manual Page 58 B. A Department Director may authorize use of a City credit card for emergency vehicle repairs on a City vehicle. C. Other business uses deemed appropriate by the Department Director and consistent with the City's budget and expense reimbursement policies. D. All Department Directors and authorized users must have signed a Credit Card User Agreement, approved by the Mayor. Once the charges are approved as being appropriate for City business, the Treasurer will process payment for all credit card bills. E. Credit cards may never be used to obtain cash advances or for personal purposes. In addition, for the purchase of services with a City credit card, the City must have an approved contract to use with the subject vendor. Credit cards cannot be used to pay City invoices or statements. Department Directors are responsible for submitting all needed paperwork or verifications to accounts payable on a monthly basis. It is also the Department Director's responsibility to match the individual receipts to the credit card statement if requested. The Mayor (or his/her designee) may discontinue use of a credit card for any individual or Department Director that fails to comply with this Policy, who engages in conduct deemed a violation or misuse of the City issued credit card, or as otherwise determined appropriate in the Mayor's discretion. Other appropriate discipline may also result from any disregard of these requirements, up to and including termination of employment. Any employee who incurs personal charges for non -business related expenses on City charge cards or due to misuse of City equipment also specifically authorizes the City to deduct the amount needed to fully repay the City for such expenses from any paycheck or other forms of compensation due the employee to the extent permissible by law. 9.8 EMPLOYEE REIMBURSEMENT OF EXPENSES The purpose of this Policy is to identify and provide guidelines regarding the City's travel policies and to further delineate valid business expenses for which an employee may qualify for payment or reimbursement. The objectives of this Policy are to provide employees, public officials and others who incur authorized business expenses for travel, subsistence, registration, and related expenses while on City business, reasonable and timely mechanisms for the reimbursement and/or the advancement of such necessary expenditures. This Policy serves to provide guidelines to determine whether or not expenditures by City employees may be reimbursable to the employee, and to determine whether or not refreshments and related costs, served or made available at meetings involving volunteers and others, are legitimate City expenditures. Individuals seeking reimbursement have the responsibility for becoming knowledgeable about authorized expenditures and the documentation requirements. Care must be taken to avoid unnecessary or excessive expenditure, as well as expenses not Personnel Policies Manual Page 59 directly and reasonably related to the conduct of City business or which are otherwise inappropriate. The City shall not provide reimbursement for these types of expenses. Any requests for reimbursement rejected by the City for non-compliance with these rules may be returned to the requesting employee and Department Director, if necessary, with an explanation for the decision. Any dispute that arises shall be reviewed by the Mayor for final disposition. It shall be the responsibility of the City Treasurer to adopt, publish, and enforce rules and procedures consistent with this Policy for the purpose of carrying out the provisions thereof; and to provide forms accompanied by instructions for their implementation. Exceptions to the rules set forth herein may, by directive of the Mayor or his or her designee, be effected if compliance with these rules is or was not feasible and the subject expenditure was legitimate and appropriate. To effectively carry out this Policy, the Mayor or his or her designee may, from time to time, issue guidelines for the administration thereof. In the event of a conflict between this Policy and applicable law, the applicable law shall govern. A. Documentation Employees may seek reimbursement of expenses for City related business or purchases, but must first seek a Department Director's approval before the expense is incurred. Approval, whenever possible, shall be in writing and forwarded to the City Treasurer. If a receipt is lost, the date and specific nature and description of the expense and proof of payment (if available through a credit card statement or check) shall be provided to the Department Director for written approval, which will be forwarded to the Treasurer. Forms necessary to request approval for reimbursement regarding Advance Travel will be kept at the City Clerk's office. Forms necessary to request approval for per diem meal and expense reimbursement and will be kept at the City Treasurer's Office. Each City employee is responsible for submitting his/her own request for reimbursement, even if other employees attended the same meeting or training program. Each request must be approved by the Department Director or his or her designee or the Mayor as appropriate. No overnight travel or expenses shall be incurred without prior approval and authorization from a Department Director or the Mayor as appropriate. B. Meals Food and meal reimbursement will only be available when an employee is scheduled to be away on City business overnight or for business meetings where City business occurs while the meal expense is incurred. If a meal expense is incurred, no Personnel Policies Manual Page 60 alcohol will be reimbursed as part of the meal expense. All tips for service must not exceed 15%. Meal reimbursement(s) will not be paid for meals that are included in the registration fee, whether or not the employee partakes of the meal. Continental breakfasts are not considered a meal therefore if a registration includes a continental breakfast the City would reimburse the employee for a regular breakfast. Meal costs must be incurred directly by the claimant; direct billing to the City by a restaurant must be pre -authorized by the City Treasurer and pre -arranged with the restaurant. Reimbursement for meals will be at a daily per diem, up to a maximum amount for each meal period. When calculating the daily per diem amount, amounts may be transferred from one meal type to another, as long as the amounts do not exceed the total for the number of meals required per day. Per Diem expenses for meals shall be paid at a rate established by Council through a memorandum from the Mayor. These amounts may be periodically updated and employees will be notified of any changes. The Department Director must approve payment of any food or meal expense, including payment of per diem meal expenses. Receipts are not required for per diem meal expenses. The City Treasurer or City Clerk are authorized to approve exceptions to the authorized per diem meal allowance schedule when it has been determined that either the region or the country is recognized as a high cost area, or that the event's location requires a greater cost. Meal reimbursement for elected officials must include a specific description of the meeting or business purpose of the expense, and be authorized by a majority of the Council or the Mayor as appropriate. Light refreshments for City meetings or meetings with City volunteers or advisory committees may be permitted if pre -approved by the responsible Department Director, and such an expense furthers the City's interests. The actual receipt is required to provide support of these expenses. C. Internal Revenue Service The Internal Revenue Service regulations may provide tax exemptions for the cost of meals that have, among other things, a direct or associated business connection. The cost of a meal not having a direct or associated business connection is taxable to the individual benefiting from the meal. The cost of a meal not having a direct or associated business connection will be subject to applicable federal and state payroll taxes. Cost of meals that are taxable must be processed through payroll. The City shall comply with all applicable law regarding the taxation of meals and the like. To facilitate compliance with Personnel Policies Manual Page 61 this policy, Advance Travel funds for food/meals will only be available when the employee is away on city business overnight or other situation where the meal would be non-taxable meal reimbursement. Other type of meal allowances that do not have a direct or associated business connection (or which are otherwise subject to taxation) will be subject to applicable payroll taxes in compliance with applicable law. The following list contains examples of taxable meal allowance or meal reimbursement situations. This list is not intended to be all-inclusive and is provided for illustrative purposes only. 1. Twelve hour shift meal allowances. 2. The cost of meals if the distance for the business trip does not require an overnight stay or long enough to require you to stop to get substantial sleep or rest. 3. The cost of a meal if the person is away from their duty station and on a "lunch break" and/or their own time. The following list contains examples of NON-TAXABLE (EXEMPT) meal allowance or meal reimbursement situations. This list is not intended to be all-inclusive and is provided for illustrative purposes only. Other types of business meal allowances and/or meal reimbursements may be exempt from applicable payroll taxes. 1. Council retreats or meetings where participants are required to stay and continue the meeting through the meal period. 2. Meetings or training sessions which the cost of the meeting or training session included the meal. (e.g. Council Coalition, Puget Sound Regional Council, professional association meetings) D. Travel Expenses can only be reimbursed for authorized City travel while an employee is on City business. The use of a City vehicles rather than a personal vehicle is encouraged and may limit the expense of employee travel to the City. In addition, many forms of public transportation may provide employees with a cost effective alternative to using a personal vehicle. Car-pooling to allow employees to travel together is also a priority and should be arranged by supervisors and Department Directors whenever possible. When use of a personal vehicle is necessary, mileage will be reimbursed at the rate established by the United States Internal Revenue Service for deductions. This rate shall cover all incidental expenses associated with use of the employee's private vehicle, such as gas, gasoline taxes, insurance, wear and tear or maintenance costs for the vehicle. The City will not provide reimbursement for the costs associated with an employee's receipt of a citation of any kind while on City business. Personnel Policies Manual Page 62 Overnight travel will only be authorized if the employee is traveling a distance of over 50 miles from the City or from their home, whichever is closer to the employee's destination. Accommodations must be at the most economical rate available to the employee City employees who receive an automobile allowance in lieu of city provided transportation shall not be entitled to further reimbursement or surface transportation costs within a 300-mile radium of the City. Incidental travel costs such as parking, ferry, or bridge tolls are reimbursable, as they would be even if a City vehicle where provided. Mileage for elected officials will not be reimbursed for expenses incurred within City limits. E. Air Travel Air travel must be made at least five weeks in advance of the departure date to assure the most cost effective prices are obtained. The traveling employee or authorized personnel shall make every effort to locate the best price possible for airfare. Only flights originating from or returning to Seattle/Tacoma Airport are permitted. The employee is directly responsible for all personal travel that occurs in connection with a trip for City business, and such arrangements identifying personal vs. business related travel must be pre -approved by the respective Department Director, or if the traveling employee is a Department Director, the Mayor. Any changes in travel costs due to personal preferences of the employee will be paid for by the employee. Approved costs may be paid by the City if changes in travel plans occur that are the result of City business requirements, (i.e. delays in departure, cancellations, extended stays, or revised itinerary) F. Rental Vehicles The cost of a rental vehicle while on out of town business will only be considered for reimbursement when other surface transportation in the area of travel is not feasible. All vehicle rental costs must be pre -approved by a Department Director or the Mayor. G. Other Miscellaneous Travel Expenses Parking, ferry transportation, bus, taxi, bridge or other tolls, porter, bellman and the like (not including any maid service) may be authorized, if necessary, while traveling on City business and, if approved, will be reimbursed in addition to a mileage allowance, if actual receipts are provided to support these expenses. Personal entertainment, loss or theft of personal property, personal cell phone or phone expenses for non -City purposes, airline or trip insurance, or other personal items will not be approved as a travel expense. Personnel Policies Manual Page 63 H. Use of City Credit Cards The City may authorize the use of a City issued credit card for City business as authorized in Policy 9.7 above. I. Advance Travel The City has implemented Advance Travel procedures to assist employees who are traveling out of the area on City approved business. This program is set forth in the Port Orchard Municipal Code (POMC) 3.08. State of Washington RCW 42.24.120-160 also provides authority to establish this fund and requires compliance with the State Budgeting, Accounting and Reporting System (BARS). The City will establish a special bank account for authorized Advance Travel for employees or City officials traveling on City Business. A check register will be maintained in the manner established by the State Auditor in BARS and this account will be reconciled monthly by someone other than the account custodian. The maximum amount that may be used to pay for travel expenses incurred by any one officer or employee of the City is $500.00. Funds provided to the employee through Advance Travel are considered a per diem reimbursement expense and cannot be used for any personal expenses incurred while traveling. Advance Travel is not authorized for personal loans, payments of airline tickets, pre -registration fees, reimbursement to employees/officials for travel already incurred. All Advance Travel requests must be submitted for approval at least one week in advance of the employee's expected date of travel to the City Clerk. All requests must be signed by the employee, provide the specific business purpose for the trip, length of trip, anticipated expenses if Advance Travel is requested, and a signed approval by the employee's Department Director. Advance Travel requests will be approved by the City Clerk on a "first come — first served" basis. J. Non -Travel Food & Beverage Reimbursement Meals consumed by the City employee during meetings and other functions, during which official City business is conducted or which serves to benefit the City, may be reimbursable to the employee in compliance with IRS regulations. Personnel Policies Manual Page 64 Generally, the City will not incur costs for refreshments, and other related items, for meetings or functions held in the normal course of business or that are attended solely by City employees i.e., employee luncheons or picnics. However, at such meetings or functions where a municipal function, public purpose, or City program is served or furthered, and where the City Council or its designee has approved the meeting, the City may incur such costs directly or as a reimbursement to employees who have incurred such costs on behalf of the City. Refreshments purchased solely for personal entertainment are not a legitimate City expense. K. Volunteer Refreshments "Volunteers" are defined as non -compensated volunteers, advisory committee members, and others who are participating in City business but are not on the City's payroll. Reimbursable expenditures relating to volunteers are authorized as follows: Coffee and other light refreshments at meetings involving volunteers are authorized City expenditures. Incidental consumption of refreshments by City employees at meetings involving volunteers is allowed. L. Ceremonies and Celebrations Reasonable expenses, including food and beverage, associated with commemorating a dedicating or an unveiling that is recognized as serving a public purpose are legitimate City expenditures. Private celebrations rather than public celebrations are not generally considered as serving a public purpose. Refreshments, food, and beverage related costs would therefore not be recognized as legitimate City expenditures. Support of a local "event" or celebration may not take the form of a gratuitous contribution of public funds to a private person, committee or organization. Expenditure of public funds on a publicly sponsored event requires: 1. The existence of a recognizable public or municipal purpose that relates to the purpose for the City existence, 2. Proper authorization from the legislative authority for such public sponsorship, and 3. A reasonable relationship between the amount of the City's expenditure and the "public" nature of the event. Personnel Policies Manual Page 65 M. Meal Reimbursement for Non -City Employees and Non -City Officials Employee claims for reimbursement of meal costs for non -City employees and non -City officials will be allowed only with a memo of authorization for the City Treasurer or his/her designee, which must be included with the reimbursement request. This memo must identify: I. The name(s) of the individual(s) being, hosted; 2. The official title or capacity of this person(s) and how it relates to City business; 3. The nature of the topic or topics discussed, nature of the occasion, what public purpose or public policy was served; and 4. How this activity was an appropriate way to carry out that purpose or policy. Council member claims for the reimbursement of meal costs for non -City employees and non -City officials will require a memo of authorization signed by the Mayor, or in the Mayor's absence, the Mayor Pro Tem, and this memo must be included with the reimbursement request. This memo must identify the following: 1. The name(s) of the individual(s) being hosted; 2. The official title or capacity of this person(s) and how it relates to City business; 3. The nature of the topic or topics discussed, nature of the occasion, what public purpose or public policy was served; and 4. How this activity was an appropriate way to carry out that purpose or policy. 9.9 PUBLIC RECORDS REQUESTS The Port Orchard Municipal Code designates the City Clerk as the Public Records Officer. Any employee receiving a public records request must immediately inform the City Clerk so that the request may be processed appropriately. The only exception to this procedure is that public records requests pertaining solely to the Police Department should be referred directly to the Police Department for processing. 9.10 PUBLIC RECORDS RETENTION Washington State law requires retention of most public records, including the archiving and storage of such records. The Secretary of State's office and the City establish schedules for retention of public records. Employees are required to comply with the established retention schedules. Personnel Policies Manual Page 66 Employees must consult the City Clerk for any questions regarding what records need to be retained and for how long they should be kept before being destroyed. Electronically stored information is subject to retention in the same manner as a paper record. Any document created on City equipment can be a public record, including electronic documents/data (including e-mails), faxes, photocopies, and scanned documents. Employees shall retain and store all electronically stored information falling within the definition of a public record in the same manner as they would a printed document. Employees should contact the City Clerk with any questions they have regarding this Policy. Personnel Policies Manual Page 67 CHAPTER 10. EMPLOYEE RESPONSIBILITIES AND CONDUCT 10.1 GENERAL CODE OF CONDUCT This Chapter supplements the City of Port Orchard's Anti -Harassment and Anti - Discrimination Policy, as well as the remainder of the City's personnel policies relating to employee conduct. All employees are expected to represent the City of Port Orchard in a professional manner which is courteous, efficient and helpful. Employees must also maintain a clean and neat appearance appropriate to their work assignment, as determined by their position and supervisor. The City of Port Orchard's success in serving its citizens depends upon each employee's performance. The City has established certain minimum standards of personal conduct. All employees, volunteers and elected officials are required to conduct themselves in a professional and courteous manner at all times when acting as an employee of the City or in a capacity that may be associated with the City. Among the City's expectations are: tact and courtesy towards City employees and officials and the public; adherence to City policies, procedures, safety rules and safe work practices; compliance with directions from supervisors and management; and preserving and protecting the City's equipment, grounds, facilities and resources. To this end, set forth below is a non-exclusive list of some behaviors that constitute a breach of the City's code of conduct policies and/or expected behavior which may result in discipline, up to and including termination of employment. This list is not all-inclusive, but is provided for your general guidance. A. Behaving in an insubordinate manner toward a supervisor or refusing legitimate work orders; B. Working in a manner that obstructs or hinders other employees from completing their assigned duties; C. Failing to preserve your own safety and/or the safety of others (including the failure to wear required safety clothing and equipment and the failure to promptly report an on-the-job injury or accident); D. Releasing confidential information without authorization or in violation of the law; E. Misusing, destroying, or damaging City property (this includes the unauthorized use or possession of City property, resources, and facilities); F. Assault, battery, fighting or any other type of violence; G. Disrespectful or discourteous conduct, bullying, or other unprofessional conduct; H. Failure to follow City rules, policies, or regulations; I. Failure to present a professional appearance appropriate to your work assignment; J. Violations of the law or other applicable authority; Personnel Policies Manual Page 68 K. Failure to satisfactorily perform your job, neglect of your job duties, and failing to assist other employees when required; L. Intimidation, threatening, or attacking another with any form of weapon to include firearms, knives, blunt instruments, clubs, or projectiles; M. Engaging in criminal or unethical behavior (including any type of dishonesty). This includes the commission of any crime, whether committed at or away from the workplace (during or outside of working hours) that may impair the employee's ability to effectively perform his/her job duties and/or which is so disruptive to the City's working environment or operations that the City (in its discretion) feels compelled to terminate the employee rather than tolerate the disruption and/or inefficiencies that continued employment of the subject employee may cause; N. Engaging in activities that pose a conflict of interest (or potential conflict of interest) with your duties and obligations to the City; O. Engaging in behavior which reflects poorly upon you or the City; P. Misrepresentation or withholding of pertinent facts in securing or maintaining employment with the City; Q. Unauthorized use of your position as a City employee for personal gain (to include accepting unlawful gratuities or bribes); R. Unauthorized recording or alternation of another employee's time record (both employees may be subject to disciplinary action) or falsification or other improper recording of your own time record; S. Unauthorized tardiness or absence from work; T. Making malicious, false, or derogatory statements that are intended or could reasonably be expected to damage the integrity or reputation of others or the City; and U. Intentional falsification of records/paperwork relating to City business. The City of Port Orchard is a relatively small organization. To make the most efficient use of personnel, the City reserves the right to change an employee's work conditions and duties as determined appropriate in the City's discretion. If these arrangements become necessary, the City expects the employee's best cooperation. The City also expects that each employee will provide his/her best efforts each working day as an employee of the City. Consistently positive, cooperative, and professional conduct is an essential function of every position at the City. Violations of the City's code of conduct policies, breaches of expected behavior, and/or unsatisfactory work performance (as determined in the City's discretion) will result in appropriate disciplinary action, up to and including termination of employment, as well as possible civil and/or criminal legal action. All employees are expected to abide by the City's code of conduct policies as a term and condition of employment. Reporting Procedure: Any employee who reasonably believes that a situation with an aggressive employee, member of the general public, or other party (e.g., any person who uses obscene or abusive language or gestures, makes threats, or acts in a violent or Personnel Policies Manual Page 69 threatening manner) is placing him/her in imminent danger should immediately contact the City's police department or call 911. The employee should also immediately report the situation to his/her supervisor or Department Director. If the supervisor and/or Department Director are unavailable or are part of the violence, the employee shall report the situation to the Human Resources Coordinator or the Mayor. Once the situation has been defused, the supervisor or Department Director must contact Human Resources Coordinator to initiate an appropriate investigation. The report will be investigated as appropriate and disciplinary or corrective action will be taken to the extent necessary. Duty to Report Protective Orders: Any employee who is the subject of or protected by a domestic violence protective order or civil protective order, which could reasonably effect their ability to perform their job duties and/or necessitate action on behalf of the City in regard to the subject protective order, shall immediately report the existence of the order to his/her Department Director or the Human Resources Coordinator. Duty to Report Criminal Arrests and Convictions: Any employee who is arrested or convicted of a felony, gross misdemeanor or misdemeanor offence shall immediately report such arrest or conviction to his/her Department Director. 10.2 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST Employees shall not, directly or indirectly, engage in any outside employment or hold financial interests or personal interests which may conflict, in the City's opinion, with the best interests of the City or interfere with the employee's ability to perform his/her assigned job. Examples include but are not limited to: A. Outside employment which prevents the employee from being available for work beyond normal working hours, such as in emergencies or peak work periods, when such availability is required by the employee's job; B. Outside employment which is conducted during the employee's work hours; C. Outside employment which uses City telephones, computers, supplies, or any other resources, facilities or equipment; D. Employment with a firm which has contracts with, or otherwise does business with the City; or E. Employment which includes activities that are or may reasonably be perceived as a conflict of interest or otherwise discredits the City. To avoid conflicts of interest, each employee must: A. Maintain a high standard of conduct and disqualify him or herself from exerting influence in any transaction where his or her own interest may conflict with the best interests of the City, or where the employee may gain or be perceived to gain any financial or other personal benefit. Personnel Policies Manual Page 70 B. Report to the City any financial interest the employee or any member of his or her family may have in any entity, agency or concern doing business with the City. C. Refuse to accept any remuneration, gift or promise of a benefit received from anyone who has a business relationship with the City which could influence your professional judgment or discretion. Employees must report all such conduct to the City Clerk or his/her designee. D. Accept no cash, merchandise or any item of more than a de minimis value from anyone who has a business relationship with or interest in dealing with the City. Items that are donated to use as a door prize for a fundraiser or to be auctioned or raffled off for the benefit of the City are not considered gratuities to the employee if used strictly for the purpose intended. E. Refrain from lending money to, borrowing money from, or having loans guaranteed by anyone doing business with, or with an interest in doing business with, the City. The exception is that an employee may borrow money from a financial institution the City does business with provided the employee does not receive preferential treatment. F. Refrain from using information or knowledge acquired by virtue of the employee's position in the City for any personal gain or advantage by divulging such information to anyone who could use it in a manner detrimental to the City or detrimental to the fairness of the process, such as a competitive bidding process. G. Report to the City Clerk or Mayor (or his/her designee) any knowledge the employee has of a potential violation of this Policy. Any employee, who serves as a consultant to, or a director, officer or part-time employee of a business or agency that does business with the City, when that relationship has not been fully disclosed to the City, has a conflict of interest. This is true even when the City employee has no direct contact with the City in the course of the business or agency's dealings with the City. This places the City at risk for inadvertent disclosure of confidential information and creates the appearance of impropriety. Thus, all employees must obtain written approval from the Mayor (or his/her designee) before the employee may accept outside work with a firm or entity that has or may have dealings or a relationship with the City. Finally, employees are cautioned to consider carefully the demands that outside employment will create before seeking or accepting any such employment. Outside employment will not be considered an excuse for poor job performance, absenteeism, tardiness, leaving early, refusal to work overtime, different hours, or refusal to travel when required. If an outside work activity does cause or contribute to job -related problems, the employee will be subject to appropriate disciplinary action, up to and including termination of employment. Nothing in this Policy, however, is intended to apply to an employee's military reserve obligations in the United States Armed Forces or the National Guard. Personnel Policies Manual Page 71 10.3 PROHIBITION OF WORKPLACE VIOLENCE The safety of the City's employees and public is the City's paramount concern when dealing with issues of violence or threatened violence in the workplace. Acts of violence, threats, bullying, aggressive behavior and intimidation will not be tolerated. This includes verbal or physical threats. This also includes communications through electronic means or through a third party. Destruction of property is also prohibited. Bringing a firearm or any other weapon on City property is prohibited, with the exception of authorized law enforcement personnel acting within the scope of their employment for the City. Threats or intimidation of a public official is prohibited. Any such conduct by members of the public or City employees directed at another City employee or City official may result in refusal of City services or access to services, discipline (up to termination), and/or legal action, including criminal action, when appropriate. If any City employee is aware of such conduct being directed at a City employee or City official, whether the source is another City employee or member of the public, they must report such conduct immediately to their Department Director, the Human Resources Coordinator, City Clerk, Mayor or law enforcement. The City will take police action when needed to meet these safety goals. The City will investigate all reports of threats of (or actual) violence and of suspicious individuals or activities to the extent appropriate. An employee who participates in, commits, or threatens to commit an act of violence in the course of his or her employment or directed toward a co-worker will be subject to appropriate disciplinary action, up to and including immediate termination. 10.4 CONFIDENTIALITY OF BUSINESS INFORMATION Employees and volunteers of the City of Port Orchard may receive and have access to confidential information regarding its taxpayers, ratepayers and other employees and officials. Employees are obligated to keep this information confidential. Other information is also considered confidential, such as attorney -client privileged communications, information used in negotiating land acquisitions or purchases, and other information exempt from the public disclosure laws. Employees who have access to or are made aware of confidential information must safeguard this information and protect it from misuse or further dissemination. All requests for confidential City records or information must be referred to the applicable Department Director, City Clerk, or Mayor. Employees are prohibited from copying or distributing confidential information without appropriate authorization. This obligation exists during employment and it continues indefinitely after employment with the City ends. Employees who violate this Policy, and/or the trust and standard of Personnel Policies Manual Page 72 accountability that is expected of all City employees, shall be subject to appropriate disciplinary action, up to and including termination, as well as any other appropriate legal action. 10.5 CONDUCT TOWARD CO-WORKERS AND THE PUBLIC The City of Port Orchard's integrity and reputation in the community will be determined by the work we do and by the employees who represent us. We are proud of those who work for us and employees can be proud of the positions of trust they hold. We must continue to earn that trust in everything we do. We expect that employees will maintain the highest degree of reliability and honesty. The community will judge the City by the actions of its employees. All employees are expected to treat their co-workers, volunteers and the public with courtesy and respect. While employees may disagree with one another, or even with aspects of the City policies, management directives or other practices, they are expected to resolve their concerns in a way that is not disruptive of the City's business, and does not undermine the quality of the workplace for others. If you have concerns, you are expected to address those concerns with an appropriate member of the management team to see if your concerns can be resolved. Employees are not to act in a way that is considered combative or threatening to other co-workers or the public. Similarly, disagreements and animosities among employees can detrimentally impact the work environment for all co-workers. The City expects such disagreements and animosities to be removed from the workplace, or resolved productively with the help of a supervisor or the Human Resources Coordinator. Any unresolved disagreements of this nature that impact employee performance and morale will be dealt with as a performance problem or disciplinary matter. Employees are also expected to conduct themselves professionally at all times. The City will not tolerate abusive language, foul language, discourteous or insulting conduct, threats of any kind, violence or intimidation. Such conduct will result in appropriate disciplinary action, up to and including termination. 10.6 NO SMOKING POLICY As required by law, the City prohibits tobacco use by employees in all City facilities, including City -owned buildings, vehicles, and offices or other facilities rented or leased by the City, including individual employee offices. Tobacco use is permitted only in designated areas outside of the City's buildings in accordance with State law. 10.7 PERSONAL POSSESSIONS AND USE OF CITY VEHICLES AND EQUIPMENT This Policy supplements the other personnel policies contained herein regarding use of City equipment and resources and the conduct expected of every City employee. Personnel Policies Manual Page 73 The City of Port Orchard does not assume responsibility for any theft or damage to the personal belongings of employees, and it reserves the right to search employee desks, lockers, other City resources, and personal belongings brought onto City premises, when necessary and as permitted by law. Other City equipment, including vehicles, must be appropriately used by employees as previously set forth in these personnel policies. An employee's misuse of City services, telephones, computers, vehicles, equipment, supplies, or other resources will result in appropriate disciplinary action, up to and including termination. 10.8 CONTACT WITH THE NEWS MEDIA The Mayor or his/her designee shall be responsible for all official contacts with the news media, including answering of questions from the media. The Mayor may designate specific employees to give out procedural, factual or historical information on particular subjects. Employees who are contacted by the news media regarding the City or City business, should refer the media to the Mayor. The only exception to the foregoing procedure is that the Police Department has a designated Public Information Officer who handles contacts with the news media relating to the Police Department. 10.9 SEAT BELT AND DRIVER/EQUIPMENT OPERATOR SAFETY This Policy supplements Policy 9.5 (Use of City Vehicles) above and should be read in conjunction with that Policy. Under Washington law, anyone operating or riding in City vehicles must wear seat belts at all times. No one is permitted to have a non -City employee or agent in a City vehicle without written authorization from a supervisor and any appropriate waivers from the passenger. Similarly, when operating City equipment or vehicles that require a commercial driver's license (CDL), each employee must maintain their license and all the requisites for that license at all times. Any change in status must be reported to the City promptly. If a CDL license is essential to an employee's job duties, he or she may be terminated if unable to maintain their CDL qualifications. No vehicle should be driven on City business if the vehicle is not operating properly or would be or could be unsafe to drive. At no time will any City employee operate a City or personal vehicle in connection with reporting to work or on City business if they have consumed alcohol. If an employee is called to work unexpectedly due to an emergency condition, he or she must notify their supervisor if they have consumed alcohol so that a replacement can be located. Similarly, if an employee has consumed prescription or non-prescription medication that may impair his or her ability to drive or stay alert, they must notify their supervisor prior to undertaking any driving tasks, or any other task which they cannot perform safely. No one under the age of eighteen (18) will be permitted to operate a motor vehicle while carrying out City business. Personnel Policies Manual Page 74 10.10 SAFETY COMMITTEE The City has a safety committee made up of members of various departments, whose responsibility it is to address safety concerns and educate employees on safe work practices. 10.11 DRIVER'S LICENSE REQUIREMENTS Employees may be required to hold a valid Washington State Driver's license or other license as a requirement for certain City positions. If an employee's license is revoked, suspended or lost, or is in any other way not current, valid, and in the employee's possession, the employee shall promptly notify his/her supervisor or their Department Director and will be immediately suspended from driving duties. The employee may not resume driving until proof of a valid, current license is provided to his/her supervisor or Department Director. Depending on the duration of license suspension, revocation or other inability to drive, an employee may be subject to corrective action, including termination. 10.12 POLITICAL ACTIVITIES City employees may participate in political or partisan activities of their choosing provided that City resources and property are not utilized, and the activity does not adversely affect the responsibilities of the employees in their positions. Employees may not campaign on City time or in a City uniform or while representing the City in any way. Employees may not allow others to use City facilities or funds for political activities. Any City employee who meets with or may be observed by the public or otherwise represents the City to the public, while performing his/her regular duties, may not wear or display any button, badge or sticker relevant to any candidate or ballot issue during working hours. Employees shall not solicit, on City property or City time, for a contribution for a partisan political cause. 10.13 SOLICITATION Solicitation by an employee of another employee is prohibited during the working time of either person. Working time is defined as time when an employee's duties require that he/she be engaged in work tasks. Distribution of printed materials or literature of any nature shall be limited to non -work areas at non -work times. Solicitation and/or distribution of material on City property by persons not employed by City of Port Orchard are prohibited at all times. 10.14 ACCIDENT PREVENTION AND SAFETY This Policy supplements the City's other safety related policies and should be read in conjunction with those policies. It is the City's intent to provide safe working conditions for its employees. Every employee is responsible for maintaining a safe work Personnel Policies Manual Page 75 environment and following the City's safety rules. The City has established a safety and health policy and accident prevention program. Copies of the Safety Manual are available from the Human Resources Coordinator and are distributed to each new employee at the time of hire. Employees shall promptly report all unsafe or potentially hazardous conditions to their Department Director. The City will make every effort to remedy problems as quickly as possible. Employee safety depends on the safety consciousness of everyone. In order to facilitate a safe work environment, employees may not bring dangerous weapons to the workplace (please also see Personnel Policy No. 10.3 regarding the prohibition of workplace violence). This includes, but is not limited to, weapons for which employees have a valid permit. This Policy does not apply to City law enforcement personnel acting within the scope of their employment, who are governed by law and internal departmental policies. Violations of this Policy will result in appropriate disciplinary action, up to and including termination of employment. The City encourages the promotion of accident prevention and safety education at regular department/ safety meetings. Employees in certain jobs or when performing certain tasks, operating equipment or as otherwise instructed are required to use personal protective equipment provided by the City, such as safety vests/glasses, hearing protection, gloves and/or hard hats. Employees are prohibited from removing guards or other protective devices from machinery and equipment or in any way tampering with or disabling safety measures. Violations of safety requirements may result in discipline, up to and including termination. In case of an accident involving personal injury or damage to property regardless of how minor or if a motor vehicle is involved in a collision of any kind, any involved employees shall immediately notify their direct supervisor or Department Director, as well as the City Clerk. In any accident that results in serious property loss or bodily injury, it is the City's policy to test the employee for drugs or alcohol use, to confirm that the use of drugs or alcohol was not a factor in the accident. (The City also reserves the right to conduct such testing at other times determined appropriate in its discretion to the extent permitted by law). In addition, no City employee is permitted to engage in conduct after an accident or injury occurs that will negatively impact the City's or law enforcement's investigation of the accident. On the Job Employee Injuries When an on-the-job injury occurs, employees shall report to their immediate supervisor or Department Director each injury or illness regardless of the degree of severity. As soon as possible after an accident, injury or occupational illness is discovered, the employee must complete the City's Personal Injury Accident/Report form and submit it to the Human Resources Coordinator within twenty-four (24) hours unless the employee is physically unable to do so. If applicable, the employee is responsible for completing the Washington State Labor and Industries claim form. Supervisors are Personnel Policies Manual Page 76 required to complete the supervisor portion of the accident report form. Should the injury require attention beyond basic first aid, the employee should have his or her treating physician complete the applicable portion of the Washington State Labor and Industries Claim form. Injured employees must submit physician time loss certification to their Department Director or his/her designee and if absent from work for more than three (3) days, contact his or her Department Director or designee once a week or as otherwise required to keep the City informed of their condition, progress and intent to return to work. The injured employee's Department Director or his/her designee shall promptly forward the original completed time loss certification to the Human Resources Coordinator. Other Accidents/Incidents Employees shall report any work -related accidents involving a third party personal injury and/or damage to public/private property or equipment, regardless how minor, to their immediate supervisor or Department Director, as well as the City Clerk. Such report shall be made as soon as possible, but in no event later than one (1) hour following such accident unless the employee(s) involved are physically unable to do so. So that an accident may be timely reported, the initial report may be given verbally. Accident report forms are available from supervisors or the Human Resources Coordinator. A written accident report shall be completed by the employee as soon as possible, and, unless the employee is medically unable to, no later than twenty-four (24) hours following the accident, or sooner if required by the employee's Department Director or the Human Resources Coordinator. Bloodbome Pathogens The City complies with all statutory obligations for the prevention of exposure to bloodbome pathogens. Employees should familiarize themselves with the City's Exposure Control Plan and follow it at all times. Failure to comply with this Plan may result in discipline up to and including termination. 10.15 SUBSTANCE ABUSE Introduction The City of Port Orchard is committed to providing a safe, healthy, and efficient working environment for all employees. The City recognizes that drug and alcohol abuse pose a direct and significant threat to these goals. The City is also committed to complying with the federal Drug Free Workplace Act of 1988 (and any other applicable law). This Policy is intended to comply with that Act and to set forth the City's policy regarding substance abuse issues. Every employee is required to abide by the terms of this Policy as a condition of employment. Personnel Policies Manual Page 77 Drug and Alcohol Prohibitions To accomplish the goals of this Policy, all employees are required to report to work in an appropriate mental and physical condition to perform their job satisfactorily. In addition, employees are prohibited from: A. Possessing, distributing, selling, manufacturing, dispensing, using, or being under the influence of any illegal drug, intoxicant, or controlled substance; B. Consuming alcoholic beverages while on City premises, in City vehicles, or while on City business or time, or bringing alcohol onto City premises, unless specifically approved by the Mayor; C. Abusing prescription drugs or possessing prescription drugs that have not been prescribed for the employee by a physician; and D. Any other related conduct in violation of the law or City policy. Any employee who violates this Policy is subject to appropriate disciplinary action, up to and including termination of employment. In addition, any workplace conduct in violation of the law may be treated as a criminal mater and turned over to the Port Orchard Police Department or other authority for appropriate action. General Testing Requirements The City may require a drug test for the following reasons: A. Prior to appointment to a position in the Police Department; B. After a conditional offer of employment but prior to commencement of employment; C. Prior to appointment to a position whose duties may jeopardize public safety; D. After ajob-related accident; E. According to the terms of a return to work agreement or last -chance agreement between an employee and the City or following completion of an approved treatment program; F. In any other situation required by applicable law; and G. In any other appropriate situation to the extent permissible under applicable law (for example, based upon a reasonable suspicion of Personnel Policies Manual Page 78 apparent workplace use of drugs, alcohol, controlled substances, or other intoxicants). The City may also require an alcohol test, to the extent permitted or required by law, under the foregoing circumstances. An applicant's or employee's refusal to submit to a required drug and/or alcohol test will result disqualification for further consideration for employment or appropriate disciplinary action, up to and including termination of employment (as applicable). Testing Based Upon Reasonable Suspicion As stated above, employees may be subject to drug or alcohol testing based upon his/her apparent workplace use or impairment. To this end, when a supervisor or manager reasonably suspects that an employee may be under the influence of drugs, controlled substances, alcohol, or other intoxicants, the employee may be required to submit to an appropriate substance test. Refusal to take the test will result in appropriate disciplinary action, up to and including termination of employment. The supervisor or manager's "reasonable suspicion" shall be based upon current and specific observations of the employee's appearance, behavior, speech, body odors, or other appropriate factors. For example, the "reasonable suspicion" could include a combination of various factors such as slurred speech, red eyes, dilated pupils, incoherence, unsteadiness on feet, smell of alcohol or drugs emanating from the body, inability to carry on a rational conversation, increased carelessness, erratic behavior, inability to perform the job, repeated workplace accidents, or other behavioral changes. If time permits, prior to requiring an employee to submit to a substance test, the supervisor or manager shall document in writing the specific observations and behaviors that create a reasonable suspicion that the employee is under the influence of drugs, controlled substances, alcohol, or other intoxicants. The supervisor or manager may confidentiality discuss the matter with the Mayor (or his/her designee), the employee's Department Director, and/or the Human Resources Coordinator. If it is determined that reasonable suspicion of impairment or use exists, the supervisor or manager shall meet with the employee (along with another appropriate City management witness) and direct him/her to accompany the supervisor or manager (or other appropriate City management personnel) to an approved testing facility for the substance test. If practicable, the employee will be provided with a copy of the written documentation supporting the reasonable suspicion of substance use upon his/her request. The employee shall be relieved from duty with pay until a clear determination can be made as to the presence of drugs, controlled substances, alcohol, or other intoxicants in his/her system. The employee will not be allowed to drive to himself/herself to the testing facility. A member of the City management will transport and escort the employee to the testing facility. The employee may have his/her union representative (if applicable) or other representative accompany them as well if they so desire. The City's management representative shall then make arrangements for the employee to be transported home at the conclusion of the Personnel Policies Manual Page 79 test. The employee will remain on leave with pay until the status of the substance test and the circumstances surrounding the alleged impairment are determined. Post -Accident Testing Employees may be subject to substance testing when they cause or contribute to an accident that seriously damages a City vehicle, machinery, equipment, or property (or the employee's own vehicle while conducting City business) and/or results in an injury to themselves or others requiring off -site medical attention. This testing shall take place as soon as possible and no later than two (2) hours following the accident unless there are emergent circumstances which prevent the test within this timeframe. The employee shall not be allowed to drive himself/herself to the testing facility. Random Testing The City may require random substance testing whenever required or permitted by applicable law (for example, for employees performing functions for which a commercial driver's license is required). Any employee subject to random testing shall be paid for the time required to travel to and from the test site, as well as the time at the test site. Follow -Up Testing Employees who have tested positive, or who have otherwise violated this Policy, are subject to appropriate discipline, up to and including termination of employment. Depending upon the individual circumstances and the employee's work history/record, the City may choose (in its sole discretion) to offer the employee the option to return to work by entering into a last -chance agreement on terms satisfactory to the City. The last - chance agreement will generally include appropriate discipline, required treatment and/or counseling, and follow-up substance testing in a manner determined appropriate by the City in its sole discretion. Any employee failing to fully comply with and satisfactorily complete the terms of his/her last -chance agreement will be subject to appropriate disciplinary action, which will generally result in termination of employment. Additional Supervisor/Manager Responsibilities As stated above in this Policy, if a supervisor or manager has a reasonable suspicion that an employee is under the influence of drugs, controlled substances, alcohol, or other intoxicants in the workplace, the supervisor or manager shall verify and document the employee's condition to the best of his/her ability as previously outlined. The supervisor or manager is responsible for removing an employee from duty where reasonable suspicion of impairment exists. A supervisor or manager shall not allow an employee believed to be under the influence of drugs, controlled substances, alcohol, or other intoxicants to operate equipment or drive a vehicle until it has been determined that an employee can safely do so. A reasonable effort will be made to prevent the employee Personnel Policies Manual Page 80 from driving a personal vehicle when the employee is believed to be under the influence of drugs, controlled substances, alcohol, or other intoxicants. Other Requirements and Matters A. Each employee must notify their supervisor of any criminal drug statute conviction no later than five (5) days after such conviction. The City shall take appropriate personnel/disciplinary action against the employee, up to and including termination of employment and/or requiring the employee to participate satisfactorily in an approved substance abuse treatment program. B. The legal use of prescribed drugs or over-the-counter medication is permitted in the workplace or while acting on behalf of the City only if it does not impair an employee's ability to safely perform the essential functions of their job effectively and does not pose a danger to the employee or others. C. Employees are responsible for notifying their supervisors when taking prescribed drugs or over-the-counter medication that may interfere with their ability to perform their jobs safely or many otherwise endanger others. D. Employees are responsible for reporting to their supervisor any action by another employee which demonstrates an unusual pattern of behavior which may be the result of an impairment due to the use of drugs, controlled substances, alcohol, or other intoxicants. E. While the City does not condone the use or abuse of drugs, controlled substances, alcohol, or other intoxicants or the use of illegal drugs or other intoxicants, it recognizes that addiction to the foregoing may be treated. If an employee seeks assistance for an abuse problem in advance of any performance problems or disciplinary action resulting from performance problems, the City may assist the employee in seeking treatment through its EAP or otherwise to the extent appropriate and feasible (such employees may be required to provide certification that they are successfully following the prescribed treatment and take and pass follow-up substance tests as appropriate). However, once the employee allows the situation to jeopardize his/her work performance or public safety, the City reserves the right to address the situation from a disciplinary standpoint. The City will hold all employees to the same standard of performance and behavior requirements. Violation of these performance and/or behavior requirements will subject the employee to appropriate disciplinary action, up to and including termination of employment. F. Confidentiality. Records relating to substance testing shall be maintained in the respective employee's separate and confidential medical file unless otherwise required by law or disciplinary process. Access to this information shall be restricted to appropriate City personnel with a legitimate business reason to need access to the information and as otherwise required by law. Personnel Policies Manual Page 81 10.16 PROFESSIONAL ATTIRE POLICY The City requires its employees to dress appropriately and professionally at all times for their particular position. To maintain the professional image of the City, it is imperative that all City employees present a neat, groomed, and clean appearance. Under no circumstance may employees wear halter tops, strapless tops, spaghetti straps, cropped tops, tee shirts with offensive wording on them, clothing that reveals undergarments, tom clothing, or clothing with holes in it. Provocative clothing is prohibited. All clothing must be clean, neat, and fit properly. The City reserves the right to determine appropriate dress at all times and in all circumstances and may send employees home to change clothes should it be determined, in the City's discretion, that the employee's dress is not appropriate. The employee may be required to use their own accrued leave time, if available, or use unpaid time for these circumstances. Personnel Policies Manual Page 82 CHAPTER 11. IMPROPER GOVERNMENTAL ACTION POLICY 11.1 REPORTING IMPROPER GOVERNMENTAL ACTION In compliance with the Local Government Whistleblower Protection Act, Ch. 42.41 RCW, this Policy is created to encourage employees to disclose, in good faith, any improper governmental action taken by City employees or elected officials without fear of retaliation. This Policy also safeguards legitimate employer interests by encouraging complaints to be made first to the City, with a process provided for timely resolution. A. Key Definitions for this Policy 1. "Improper Governmental Action" means any action by a City employee or elected official that is: Undertaken in the performance of the official's or employee's official duties, whether or not the action is within the scope of the employee's employment; and In violation of any federal, state or local law or rule, is an abuse of authority, is of substantial and specific danger to the public health or safety, or is a gross waste of public funds. "Improper Governmental Action" does not include personnel actions, including but not limited to employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments, reinstatements, restorations, reemployments, performance evaluations, reductions in pay, dismissals, suspensions, demotions, violations of the local government collective bargaining and Civil Service laws, alleged labor agreement violations, reprimands, or any action that may be taken under Chapters 41.08, 41.12, 41.14, 41.56, 41.59, or 53.18 RCW or RCW 54.04.170 and 54.04.180. In addition, nothing in this Policy authorizes employees to disclose information prohibited by law. 2. "Retaliatory Action" means: (a) any adverse change in a local government employee's employment status, or the terms and conditions of employment including denial of adequate staff to perform duties, frequent staff changes, frequent and undesirable office changes, refusal to assign meaningful work, unwarranted and unsubstantiated letters of reprimand or unsatisfactory performance evaluations, demotion, transfer, reassignment, reduction in pay, denial of promotion, suspension, dismissal, or any other disciplinary action; or (b) hostile actions by another employee towards a City employee that were encouraged by a supervisor or senior management official. 3. "Emergency" means a circumstance that if not immediately changed may cause damage to persons or property. Personnel Policies Manual Page 83 B. Procedure for Reporting Improper Governmental Action An employee who becomes aware of an improper governmental action must submit a written report to his/her respective Department Director, stating in detail the basis for his/her belief that an improper governmental action has occurred. Where the employee reasonably believes the improper governmental action involves his or her Department Director, the employee must submit the foregoing written report to the Mayor or the Human Resources Coordinator. The employee must submit the written report as soon as he/she becomes aware of the alleged improper action but no later than 30 days from the date of the action in question. In the case of an emergency, the employee may report the alleged improper governmental action directly to an appropriate government agency with responsibility for investigating the improper action (please see the list at the end of this Policy). In the absence of an emergency, employees must report the alleged improper governmental action as set forth in this Policy. Any employee reporting an alleged improper governmental action who fails to make a good -faith effort to follow the procedures set forth in this Policy shall not receive the protections provided by the City pursuant to state law. In addition, an employee who knowingly furnishes false information will be subject to appropriate disciplinary action, up to and including termination of employment. The City shall take prompt action to properly investigate the report of improper governmental action. An investigator (either internal or external) may be appointed by the Mayor or his/her designee if appropriate. The employee shall be advised that a prompt investigation is occurring. Emergency situations shall receive an appropriate expedited response. Non -emergency situations shall receive serious, prompt attention. The identity of the reporting employee shall be kept confidential to the extent possible under law, recognizing the City's potential need to make certain disclosures in order to conduct the subject investigation and address the matter, unless the employee authorizes additional disclosure of his/her identity in writing. The appointed investigator shall determine the scope of the investigation. After the investigation has been concluded, the Mayor or his/her designee shall decide: (a) what action should be taken to address the report of improper governmental action and (b) what, if any, personnel action is required. After an investigation has been completed, the reporting employee shall be advised as to the results of the investigation to the extent possible. However, personnel actions taken as a result of the investigation may be kept confidential to the extent required by law. Personnel Policies Manual Page 84 C. Protection Against Retaliatory Actions Elected officials and City employees are prohibited from taking retaliatory action against an employee because he/she has, in good faith, reported an improper governmental action in accordance with this Policy. Employees who believe they have been retaliated against for reporting an improper governmental action must deliver a written complaint to their Department Director, the Human Resources Coordinator or the Mayor within 30 days of the occurrence of the alleged retaliatory action. This written notice must: Specify the alleged retaliatory action; and 2. Specify the relief requested. Upon receiving the written complaint of alleged retaliatory action set forth above, the City shall take appropriate action to investigate and address complaint(s) of retaliation in writing within 30 days of receipt of the written complaint. The identity of the complaining party shall be kept confidential to the extent possible under the law, recognizing the City's potential need to make certain disclosures in order to investigate the complaint and address the matter, unless the employee authorizes further disclosure in writing. After receiving the City's response, if the employee determines the City's response did not adequately address the problem, the employee may request a hearing before a state administrative law judge, to establish that a retaliatory action occurred and to obtain appropriate relief as defined in this Policy. The request for hearing must be delivered to the City within the fifteen (15) days of receipt by the employee of the City's response to the charge of retaliatory action or within fifteen (15) days of the last day on which the City could respond. Within five (5) working days of receipt of a request for hearing, the City shall apply to the State Office of Administrative Hearings for an adjudicative proceeding before an administrative law judge. At the hearing, the employee must prove that a retaliatory action occurred by a preponderance of the evidence. The administrative law judge shall issue a final decision consisting of findings of fact, conclusions of law, and judgment no later than forty-five (45) days after the date of the request for hearing was delivered to the City. The administrative law judge may grant specific extensions of time beyond this period of time for rendering a decision at the request of either party upon a showing of good cause, or upon his/her own motion. Relief that may be granted by the administrative law judge consists of reinstatement, with or without back pay, and such injunctive relief as may be found necessary in order to return the employee to the position he or she held before the Personnel Policies Manual Page 85 retaliatory action and to prevent any recurrence of retaliatory action. The administrative law judge may award costs and reasonable attorneys' fees to the prevailing party. If a determination is made that retaliatory action has been taken against the employee, the administrative law judge may, in addition to any other remedy, impose a civil penalty personally upon the retaliator of up to three thousand dollars payable by each person found to have retaliated against the employee and recommend to the City that any person found to have retaliated against the employee be suspended with or without pay or dismissed. The City will consider any recommendation provided by the administrative law judge that the retaliator(s) be disciplined. To the extent applicable, all penalties recovered shall be paid to the local government administrative hearings account created in RCW 42.41.060. The final decision of the administrative law judge is subject to judicial review under the arbitrary and capricious standard. Relief ordered by the administrative law judge may be enforced by petition to superior court. D. Responsibilities The Mayor or his/her designee is responsible for implementing the City's policies and procedures for: (a) reporting improper governmental action and (b) protecting employees against retaliatory actions. This includes ensuring that: This Policy, or a summary of it, is permanently posted in a place where all employees will have reasonable access to it; 2. This Policy will be made available to any employee upon request; and 3. This Policy (along with this entire Personnel Policies Manual) will be provided to all new hires. In addition, City management, Officials, and supervisors are responsible for ensuring that the procedures relating to this Policy are fully implemented within their respective areas of responsibility. Violations of this Policy and the procedures specified above will result in appropriate disciplinary action, up to and including termination. E. Appropriate Agencies The following is a list of some outside agencies responsible for enforcing federal, state and local laws and investigating other issues involving improper governmental action. Employees having questions about these agencies or the procedures for reporting improper governmental action are encouraged to contact the Mayor, the Human Resources Coordinator, or the outside agency. In addition, employees may contact the Personnel Policies Manual Page 86 Human Resources Coordinator to verify the address and contact information for any of these agencies. Kitsap County Prosecuting Attorney Kitsap County Courthouse 614 Division Street Port Orchard, WA 98366 (360) 337-7174 State of Washington Fair Practices Division 1019 Pacific Avenue Tacoma, WA 98402-4443 (206)464-6684 Washington State Auditor's Office Insurance Building Capitol Campus P.O. Box 40021 Olympia, Washington 98504-0021 (360)902-0370 Washington State Attorney General's Office 1125 Washington Street SE P.O. Box 40100 Olympia, WA 98504-0100 (360)753-6200 Kitsap County Auditor's Office Kitsap Co. Courthouse 614 Division, Mail Stop 10 Port Orchard, WA 98366-4678 (360)337-7128 Washington State Department of Ecology 3190 160th Southeast Bellevue, WA 98008-5852 (206) 649-7000 Washington State Human Rights Commission 711 South Capitol Way, Suite 402 Olympia, WA 98504-2490 (360)753-6770 Personnel Policies Manual Page 87 Kitsap County Health Department 345 6th St., Suite 300 Bremerton, WA 98337 (360) 337-5235 Washington State Department of Labor & Industries 500 Pacific Avenue, Suite 400 Bremerton, WA 98337-1943 (360)415-4000 Washington State Liquor Control Board Enforcement Office 4401 E. Marginal Way S. Seattle, WA 98134-1193 (206)464-6094 Seattle Field Office of the Equal Employment Opportunity Commission 909 1 st Avenue, Suite 400 Seattle, WA 98104-1061 (800)669-4000 Washington State Department of Retirement Systems P.O. Box 48380 Olympia, WA 98504-8380 (800)547-6657 Washington Department of Natural Resources P.O. Box 47000 I I I I Washington St. SE Olympia, WA 98504-7000 (360)902-1000 Puget Sound Air Pollution Control Agency 110 Suite 500 Seattle, WA 98101 (800)522-3565 Personnel Policies Manual Page 88 CHAPTER 12. OTHER EMPLOYMENT PRACTICES AND POLICIES 12.1 OPEN COMMUNICATIONS POLICY The City believes open and respectful communication promotes positive employee relations and a positive working environment. Accordingly, the City encourages its employees to share their concerns, seek information, provide input, and resolve -work related issues by discussing these issues with their supervisor and/or the Human Resources Coordinator. While it may not be possible to achieve the result an employee wants, the supervisor and/or the Human Resources Coordinator will endeavor to actively listen to the employee and his/her concerns and provide constructive feedback to the extent possible. Please note that if an employee has a concern about discrimination, harassment, or improper governmental action, the City has set up special procedures to report and address these issues. These reporting procedures are previously set forth in detail in this Personnel Policies Manual in Chapters 2 and 11 respectively. 12.2 REDUCTIONS IN FORCE The City of Port Orchard may lay off employees for lack of work, budgetary restrictions, restructuring, organizational changes, or other reasons as determined appropriate by the City in its discretion. Temporary employees or employees who have not completed their introductory period will usually be laid off before regular employees are affected. In determining who is to be laid off, consideration will be given to individual performance and the qualifications required for remaining jobs. However, reductions in force shall be accomplished as deemed appropriate by the City in its discretion unless other process is required by applicable law or a collective bargaining agreement or other contract. Nothing in this Policy shall be construed as the promise of specific treatment in specific circumstances or as altering the at -will status of City employees. 12.3 REHIRE POLICY Any employee who voluntarily terminates his/her employment with the City shall not be eligible for rehire for a period of one year unless the employee is rehired at the request of the City or as otherwise required by law. Personnel Policies Manual Page 89 CHAPTER 13. EMPLOYEE RECOGNITION AND WELLNESS 13.1 EMPLOYEE WELLNESS The City, through its Employee Wellness Committee, may sponsor programs or circulate information designed to develop, promote, and implement those programs and activities that improve the health and wellbeing of City employees, contribute to a healthy work environment and provide employees with information to make informed decisions. The Committee consists of volunteers. Each Department Director is requested to notify the Program Coordinator of the respective Department representative who will serve as a member of the Committee. Representatives will be encouraged to rotate participation among other interested Departmental personnel in order to promote full participation in the program and to provide different perspectives to the Committee. Committee members are granted time within their workday to carry out any approved wellness event. 13.2 EMPLOYEE RECOGNITION PROGRAM The City recognizes employee contributions to the work environment, service to the public, or jobs beyond that expected of the employee in their typical job performance. All employees are eligible for the Employee of the Quarter recognition program. Each Department Director will advise employees of eligibility requirements and will accept nominations from their co-workers. A Department Director may also nominate someone for extraordinary service or dedication. The Mayor will present the award quarterly to the employee voted on by the Department Directors. The award itself consists of a certificate that will be placed in the employee's file and their name and picture placed on a City plaque for display. It will be up to the discretion of each Department Director to plan or present additional recognitions for their employees at no cost to the City. Personnel Policies Manual Page 90 ACKNOWLEDGMENT OF RECEIPT OF THE CITY OF PORT ORCHARD'S PERSONNEL POLICIES MANUAL I acknowledge I have received a CD version of the City of Port Orchard's Personnel Policies Manual. I further acknowledge that I will read the Policies carefully within seven days of the day that I received them and will abide by the policies and procedures contained therein. I understand that if I do not have access to a computer to review or print out the policies, I am required to contact the Human Resources Coordinator for a printed version of the Manual. I understand that my employment with the City of Port Orchard is "at -will" (unless specific rights have been granted to me in an individual employment contract, collective bargaining agreement, or by the Civil Service laws and rules). This means that just as I am free to resign at any time, the City of Port Orchard is free to terminate my employment at any time, for any reason, with or without cause, and without further compensation except for time actually worked. I understand that none of the statements contained in the City of Port Orchard's Personnel Policy Manual should be construed as a contract, implied contract, or promise of permanent employment, employment for any particular duration, specific treatment in specific circumstances, discharge only for cause, or as a guarantee of any particular disciplinary or discharge procedure unless otherwise required by law. I understand that additional information and policies may be implemented from time to time by the City and I will also be required to read, understand, and abide by them. This Manual is only a summary of the City of Port Orchard's policies and procedures. Not all City or department policies are reflected in this Manual. Employees must comply with all applicable City and department policies and procedures as they relate to their job duties. In event of discrepancies between the City's policy and department policy, City policy will govern. The City of Port Orchard expressly reserves the right to change any of its policies or procedures, including those covered in this Manual, at any time in its discretion unless otherwise prohibited by law. If the City of Port Orchard mistakenly overpays me, I hereby consent to the deduction of the overage from my later paychecks. I also hereby consent to deduction from my final paycheck of. (1) any amounts advanced to me that remain unearned when my employment with the City of Port Orchard ends, or (2) any amount necessary to reimburse the City of Port Orchard for my own actions, such as failure to return City equipment, unauthorized telephone charges, or damage to City equipment or property. I understand that my signature of acknowledgement on this form does not constitute in any way a contract of employment. Personnel Policies Manual Page 91 I have read and understand the statements above. Employee Signature Date Employee Printed Name Witness A signed copy of this form will be placed in the employee's personnel file. Personnel Policies Manual Page 92 CITY OF PORT ORCHARD Citv Clerk 216 Prospect Street, Port Orchard, WA 98366 Voice: (36o) 876-4407 • Fax: (36o) 895-9029 pkirkpatrick@cityofportorchard.us www.cityofportorchard.us MEMORANDUM TO: City Council Mayor Coppola FROM: Patti Kirkpatrick, City Cler' DATE: August 10, 2010 REGARDING: Amendment No. 1 to the Kitsap Regional Library Contract No. 033-09 As you know, the ballot measure asking voters if they wish to annex into the Kitsap Regional Library District will be decided on August 17th, which is the Primary Election. Kitsap Regional Library, assuming the measure passes, is seeking to amend Section 4 of Contract No. 033-09, a copy of which is attached. Section 4 relates to the Contract Fee, which will automatically terminate as of the end of the calendar year immediately preceding the first calendar year during which the Library District shall be authorized to levy property taxes within the City's boundaries. Staff has advised the Kitsap Regional Library Board that this language would be brought forward to the Council for discussion at this work study session with action, if any, to be brought forward at the September 14, 2010, Council meeting. This would allow the Primary Election results to be certified. 1NnVV5AP p(LIONAI � 11 Kitsap Regional Library Amendment No. 1 to City of Port Orchard MEMORANDUM OF AGREEMENT This Amendment No. 1 is entered into as of , 2010, by and between the Kitsap County Rural Library District d/b/a Kitsap Regional Library (the "Library District") and the City of Port Orchard (the "City"), and amends the Memorandum of Agreement (the "MOA"), dated May 12, 2009, by and between the Library District and the City. RECITALS A. The Library District provides library services to the citizens of unincorporated Kitsap County, Washington (the "County"), and those cities and towns within the County that have chosen to annex into the Library District. B. The City, located within the County, has not annexed into the Library District. C. Pursuant to the MOA, the Library District provides library services to the City through a branch library building owned by the City and located at 87 Sidney Avenue, Port Orchard, Washington (the "Library Facility"). D. Pursuant to Ordinance No. 007-10, adopted by the City Council of the City on April 27, 2010, the City has found that the public interest will be served by annexing into the Library District and has stated its intent to do so, subject to the approval of the registered voters of the City in a special election thereon be held in the City on August 17, 2010. E. On August 17, 2010, the registered voters of Port Orchard approved Proposition 1 to annex the City to the Library District. F. The Library District and the City now desire to amend Section 4 of the MOA. AGREEMENT NOW, THEREFORE, the Library District and the City agree as follows: 1. Section 4 of the MOA is hereby amended to read: 4. Contract Fee. In consideration of this agreement on the part of Library District, City agrees to pay to Library District in each year during the life of this agreement, for library services for the year in which such payment is made, the sum of money equal to the levy rate applied for rural library purposes, multiplied by the assessed valuation of all property, including new construction, within the City boundaries. Each year's payment shall be made in two (2) equal installments, with the first installment to be remitted on or before the first of June, and the second installment to be remitted on or before the first of December; provided, however, the City's obligation to pay such fees shall terminate automatically as of the end of the calendar year immediately Amendment No. 1 Memorandum of Agreement between Kitsap County Rural Library District and City of Port Orchard Page 2 preceding the first calendar year during which the Library District shall be authorized to levy property taxes within the City boundaries. 2. Subject only to the amendment set forth in this Amendment No. 1, all terms of the MOA are ratified and confirmed and remain in full force and effect. 3. This Amendment No. 1 may be executed in several counterparts, which when taken together shall constitute one original Agreement. A facsimile signature shall be deemed an original signature for all purposes. IN WITNESS WHEREOF, the Library District and the City have duly executed and delivered this Agreement as of the date first above written. (The remainder of this page left intentionally blank. Signature page to follow.) Bainbridge Island • Downtown Bremerton • Kingston • Little Boston • Manchester • Port Orchard Poulsbo • Silverdale • Sylvan Way • Bookmobile • Outreach • www.krl.org Amendment No. 1 Memorandum of Agreement between Kitsap County Rural Library District and City of Port Orchard KITSAP COUNTY RURAL LIBRARY DISTRICT CITY OF PORT ORCHARD (DBA KITSAP REGIONAL LIBRARY) Jill Jean, Library Director Date Signed Lary Cappola, Mayor Date Signed Attest: Patricia Kirkpatrick, City Clerk Date Page 3 Bainbridge Island • Downtown Bremerton • Kingston • Little Boston • Manchester • Port Orchard Poulsbo • Silverdale • Sylvan Way • Bookmobile • Outreach • www.kri.org AnSAP A[410L*Ali 2 ull Kitsap Regional Library City of Port Orchard MEMORANDUM OF AGREEMENT COPO Contract No. 033-09 This Memorandum of Agreement (the "Agreement") is entered into as of 2009, by and between the Kitsap County Rural Library District, d/b/a Kitsap Regional library, ("Library District") and the City of Port Orchard ("City"). Library District and City are collectively referred to as the "Parties" and individually as a "Party". A. As owners of the building located at 87 Sidney Avenue, Port Orchard, Washington (the "Library Facility"), City has a need for library services that can be provided by the Library District. B. Library District is able to supply staffing, technology, materials, programming and associated personnel and administrative support to provide library service. C. City recognizes that it will benefit from such services as the Library District can provide, and Library District recognizes that it will benefit from providing the service. D. The Parties now desire to enter into this Agreement under the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, the parties hereto agree as follows; 1, Use of Library Facility. City agrees to make the Library Facility available to the Library District, which Library District shall use as a branch library, without rental expense to the Library District. 2. Utilities. City agrees to provide utility services at its own expense, including but not limited to: heating, electricity, water, sewer, solid waste, recycling and shall further provide all necessary services for maintenance of the Library Facility, including but not limited to janitorial service and building maintenance, landscaping, upkeep, capital. 3. Library Services. Library District agrees to provide library services in the Library Facility, including, but not limited to, books and materials, programming, staffing, technology, telephone and data connection costs. Bainbridge Island • Downtown Bremerton • Kingston • Little Boston • Manchester • Port Orchard Poulsbo • Silverdale • Sylvan Way • Bookmobile • Outreach • www.kri.org Memorandum of Agreement between Kitsap County Rural Library District and City of Port Orchard Page 2 of 5 4. Contract Fee. In consideration of this agreement on the part of Library District, City agrees to pay to Library District in each year during the life of this agreement, for library services for the year in which such payment is made, the sum of money equal to the levy rate applied for rural library purposes, multiplied by the assessed valuation of all property, including new construction and annexations, within the City boundaries. Each year's payment shall be made in two (2) equal installments, with the first installment to be remitted on or before the first of June, and the second installment to be remitted on or before the first of December. 5. Access. Library District will have exclusive access and use of the entire Library Facility, including meeting rooms and storage area. 6. Collection Furnishings Equipment and Fixtures. The library collection and all removable furnishings and equipment, including shelving, are or will become property of Library District. Permanently mounted fixtures will remain part of the building and therefore owned by the City. 7. Structural Changes to Library Facility. Changes to the structure of the Library Facility will be negotiated and done in partnership so as not to impede or disrupt library service to the public as much as possible. 8. Insurance. City agrees to provide adequate insurance for the building, including fixtures. Library District agrees to provide adequate insurance to cover the collection, furnishings and equipment. City and Library District shall each maintain at its sole expense, a policy or policies of comprehensive general liability insurance against loss suffered or alleged to be suffered by an any person or persons or any property, on or about the Library Facility or resulting from the operation thereof by the respective parties in accordance with this Agreement, such insurance to afford protection in the amounts not less than $1,000,000 each occurrence and $2,000,000 general aggregate. The City and the Library will provide each other a Certificate of Insurance naming each other as an additional insured. 9. City Indemnity of Library District. To the extent permitted by law, City shall indemnify and hold harmless Library District and its officers, directors, trustees, agents and employees from any and all demands, claims, causes of action, losses, damages, liabilities, obligations, remedies, penalties, costs and expenses (including without limitation, reasonable attorneys' fees) (hereafter "claims') arising out of, pertaining to, or in connection with (i) any acts or omissions of City, its successors, assigns or agents, subsequent to the date of this Agreement with respect to or in relation to the Library Facility or any of the improvements, equipment or furnishings therein or any of the services provided pursuant to this Agreement, except for claims caused by the sole negligence of the Library District; and (ii) a breach of any representation or warranty made herein. Provided that if the claims are caused by or result from concurrent negligence of the City and the Library District this indemnity provision shall be valid and enforceable only to the extent of the negligence each entity. Nothing in this section shall be construed to create a liability or a Bainbridge Island • Downtown Bremerton • Kingston • Little Boston • Manchester • Port Orchard Poulsbo • Silverdale • Sylvan Way • Bookmobile • Outreach • www.krl.org Memorandum of Agreement between Kitsap County Rural Library District and City of Port Orchard Page 3 of 5 right of indemnification in any third party. This section shall survive the expiration of this Agreement. 10. Library District Indemnity of Citv. To the extent permitted by law, Library District shall indemnify and hold harmless City and its officers, directors, trustees, agents and employees from any and all demands, claims, causes of action, losses, damages, liabilities, obligations, remedies, penalties, costs and expenses (including without limitation, reasonable attorneys' fees) (hereafter "claims') arising out of, pertaining to, or in connection with (i) any acts or omissions of Library District, its successors, assigns or agents, subsequent to the date of this Agreement with respect to or in relation to the Library Facility or any of the improvements, equipment or furnishings therein or any of the services provided pursuant to this Agreement, except for claims caused by the sole negligence of the City; and (ii) a breach of any representation or warranty made herein. Provided that if the claims are caused by or result from concurrent negligence of the City and the Library District this indemnity provision shall be valid and enforceable only to the extent of the negligence each entity. Nothing in this section shall be construed to create a liability or a right of indemnification in any third party. This section shall survive the expiration of this Agreement. 11. Authority. The Parties each represent and warrant that they and/or their undersigned agents have full power and authority to enter into and to execute this Agreement, and that the execution, delivery and performance by the Parties of this Agreement and the related documents is not in conflict with any law, rule, regulation, writ, judgment, injunction, decree or award, or with the provisions of any agreement to which the Parties or any of them may be bound, including, without limitation, their articles of incorporation or bylaws. 12. Effective Date. This Agreement shall become effective when, and only when, it has been duly executed by both of the Parties. This Agreement shall be in effect for five year from the date written above. This Agreement may be renewed for one additional 5 year period by written agreement of the Parties. 13, Termination. This Agreement may be terminated for cause by either Party on 30-days written notice. This Agreement may be terminated without cause by either Party on 60-days written notice prior to the end of the first year, or any subsequent annual renewal of this Agreement. 14. Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the successors, assigns, trustees, receivers, personal representatives, legatees and devisees of the Parties. Except as set forth herein, no person, organization or association other than Library District and City shall have any rights or claims under this Agreement. 15. Entire Agreement. This Agreement embodies the entire agreement and understanding between the Parties and supersedes all prior agreements and understandings related to the subject matter hereof. This Agreement may be amended, modified or added to only by written instrument properly signed by both parties. Bainbridge Island • Downtown Bremerton • Kingston • Little Boston • Manchester • Port Orchard Poulsbo • Silverdale • Sylvan Way • Bookmobile • Outreach • www.krl,org Memorandum of Agreement between Kitsap County Rural Library District and City of Port Orchard Page 4 of 5 16. Termination of 1964 Agreement. By mutual agreement, the parties agree to terminate, in its entirety, the January 1964 agreement between the City and Library District, effective upon the execution of this Agreement. 17. Counsel's Advice. The Parties represent that they have reviewed the terms of this Agreement with their attorney, that they are authorized to enter into this Agreement, and the Agreement is executed freely and voluntarily as of the date hereof. 18. Further Assurances. The Parties will use all reasonable efforts to execute such documents and to take such other actions as may be reasonably necessary to consummate and give effect to the terms of this Agreement. 19. Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The Kitsap County Superior Court shall have jurisdiction and venue of any action or proceeding arising out of or related to the negotiation, execution, performance, breach or the enforcement of this Agreement. 20. Attorney's Fees to Prevailing Party. In the event of any litigation in connection with this Agreement, the prevailing Party shall be entitled to recover its attorney's fees and other costs and expenses, including attorney's fees in both trial and appellate courts and in any bankruptcy proceeding. 21. Counterpart Signatures. This Agreement may be executed in several counterparts, which when taken together shall constitute one original Agreement. A facsimile signature shall be deemed an original signature for all purposes. 22. No New Legal Entity. The parties do not intend to create, through this Agreement, a separate legal entity subject to suit. Neither party can bind the other to any third -party contracts or agreements. 23, Assigning or Subcontracting: Neither party shall assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the other party. IN WITNESS WHEREOF, the Parties have duly executed and delivered this Agreement as of the date first above written. (The remainder of this page left Intentionally blank. Signature page to follow.) Bainbridge Island • Downtown Bremerton • Kingston • Little Boston • Manchester • Port Orchard Poulsbo • Silverdale • Sylvan Way • Bookmobile • Outreach • www.krl.org Memorandum of Agreement between Kitsap County Rural Library District and City of Port Orchard Page 5 of 5 CITY OF PORT ORCHARD, WASHINGTON M Date Signed: Q - t Attest: By: Patricia Kirkpatri k, City Clerk KITSAP COUNTY RURAL LIBRARY DISTRICT (D/B/A KITSAP REGIONAL LIBRARY): By: Jill e , Library D rector Date Signed: 15ao lot Bainbridge Island • Downtown Bremerton • Kingston • Little Boston • Manchester • Port Orchard Poulsbo • Silverdale • Sylvan Way 9 Bookmobile • Outreach • www.krl.org CITY OF PORT ORCHARD MANAGING SOCIAL MEDIA Policy: The City of Port Orchard desires to have a Facebook Page to reach a wider audience of citizens for open transparency on services and programs. The City Clerk's office shall be responsible for and maintain the City's Facebook Page to ensure compliance with records management and risk management issues. City staff send their requests to the City Clerk in a manner as prescribed by the City Clerk and final authority on items for posting shall be at the discretion of the City Clerk. It is the City's policy that City Staff shall not respond to any comments posted on the Port Orchard Facebook Account. City Councilmernbers shall not be allowed to have a Facebook Account, nor are they allowed to respond or post comments on the Port Orchard Facebook site. Although the City of Port Orchard encourages posts and comments to the Facebook managed by the City of Port Orchard, this is a limited public forum and shall be moderated by the City Cleric and/or her/his designee. Authorized City Staff shall ensure that all posted content (comments, photos, links, etc.) is related to the topic at hand, if not appropriate, the City Clerk shall have the authority to remove the following types of posts and comments, which are prohibited: • Not topically related to the particular article being commented upon; • Promoting or advertising commercial services, entities or products; • Supporting or opposing political candidates or ballot propositions; • Obscene content; • Illegal activity or encouragement of illegal activity; • Promoting, fostering or perpetuating discrimination on the basis of creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation; • Information that may tend to compromise the safety or security of the public or public systems; • Content that violates a legal ownership interest of any other party; or • Anonymous posts. The City Clerk shall review the Facebook account a minimum of one (1) time per day and shall remove any prohibited posted content. Procedure: The following procedures have been established to ensure consistency within the City Clerk's office when posting items to the Port Orchard Facebook page(s). 1. Prior to submitting content for posting on the City's Facebook Page, Staff shall first ensure that the content is located on the City's website, www.cit�ofportorchard.us, which will be the primary record. 2. City Clerk and/or her designee, will ensure the content is on the City's website, and if appropriate, the Port Orchard Facebook posting will be linked directly back to the website. 3. Prior to adding or removing any content or posting, City Clerk and/or her designee shall first print the screen to show that the date/time of existing screen is current. 4. City Clerk and/or her designee shall then make the appropriate change(s) to the page(s). 5. Once the change(s) have been made, City Clerk and/or her designee shall then print another "snap shot" of the changed page showing the date/time change occurred. 6. The two "snap shot" pages shall be stapled together and maintained by the City Clerk's office in accordance with the State's records retention management program. 7. Prohibited content shall be removed immediately upon discovery by City Clerk and/or her designee. 8. Prior to removing prohibited content, City Clerk and/or her designee shall take a "snap shot" of the page prior to removing the prohibited postings. These documents will be maintained by the City Clerk for records retention management purposes. City of Port Orchard Social Media Policy June 28, 20io, at 10:22 a.m. (date/time to be shown when Facebook page is created/implemented and any time changes are made to this policy) Welcome to the City of Port Orchard Facebook page, and thank you for reviewing our social media policy. We are happy to have you as our "fan." A. Privacy Policy and Disclaimer Any individual accessing, browsing and using a City of Port Orchard Social Media site accepts without limitation or qualification, the City's Social Media Policy (hereafter "Policies"). These terms and conditions apply only to the Social Media sites (Facebook) that are managed by the City of Port Orchard. The City of Port Orchard maintains the right to modify these Policies without notice. Any modification is effective immediately upon posting the modification on the Social Media Policy page unless otherwise stated. Continued use of a City of Port Orchard Social Media site following the posting of any modification signifies acceptance of such modification. All users of a City of Port Orchard Social Media site are also subject to the site's own Privacy Policy. The City of Port Orchard has no control over a site's privacy policy or their modifications to it. The City of Port Orchard also has no control over content, commercial advertisements, or other postings produced by the Social Media site that appear on the City of Port Orchard Social Media site as part of the site's environment. The City of Port Orchard operates and maintains its Social Media sites as a public service to provide information about City programs, services, and projects. The City of Port Orchard assumes no liability for any inaccuracies these Social Media sites may contain and does not guarantee that the Social Media sites will be uninterrupted or error -free. B. Facebook Posts Policy Although we encourage posts and comments on the Facebook managed by the City of Port Orchard, the Port Orchard Facebook are limited public forums and are moderated by City staff. All posted content (comments, photos, links, etc.) must be related to the topic at hand. The following types of posts and comments are prohibited: • not topically related to the particular article being commented upon; • promoting or advertising commercial services, entities or products; • supporting or opposing political candidates or ballot propositions; • obscene content; • illegal activity or encouragement of illegal activity; • promoting, fostering or perpetuating discrimination on the basis of creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation; • information that may tend to compromise the safety or security of the public or public systems; • content that violates a legal ownership interest of any other party; or • anonymous posts. The City of Port Orchard reserves the right to remove posted content that does not comply with these Policies. All posts and comments uploaded to the City of Port Orchard Facebook pages will be periodically reviewed. All posts and comments may be public records subject to public disclosure under the Public Records Act. C. Links Policy 1. Links to other Social Media Sites and External Websites Provided on City of Port Orchard Social Media Sites The City of Port Orchard may select links to other Social Media sites and outside websites that offer helpful resources for users. Once an individual links to another page or site, the City's Policies no longer apply and you become subject to the policies of that page or site. The City of Port Orchard's Social Media sites are intended specifically to share information about City programs, events and services. The City of Port Orchard is not responsible for the content that appears on these outside links and provides these links as a convenience only. Users should be aware that these external pages and sites and the information found on those pages and sites are not controlled by, provided by or endorsed by the City of Port Orchard. The City reserves the right to delete links posted by outside individuals that violate the City's Posts Policy at any time without notice. 2. Links by Other Entities to City of Port Orchard Social Media Sites It is not necessary to get advance permission to link to City of Port Orchard Social Media sites; however, entities and individuals linking to City of Port Orchard Social Media sites may not capture any of the City's Social Media sites within frames; present City of Port Orchard content as their own or otherwise misrepresent any of the City's Social Media site content. Furthermore, they shall not misinform users about the origin or ownership of City of Port Orchard Social Media site content. Links to City of Port Orchard Social Media sites should not in any way suggest that the City of Port Orchard has any relationship or affiliation with that organization or that the City endorses, sponsors, or recommends the information, products, or services of that site. D. Copyright Policy All information and materials generated by the City of Port Orchard and provided on City of Port Orchard Social Media sites are the property of the City of Port Orchard. The City retains copyright on all text, graphic images and other content that was produced by the City of Port Orchard and found on the page. You may print copies of information and material for your own non-commercial use, provided that you retain the copyright symbol or other such proprietary notice intact on any copyrighted materials you copy. Please include a credit line reading: "credit: City of Port Orchard Facebook Page" or "Courtesy of City of Port Orchard." Commercial use of text, City logos, photos and other graphics is prohibited without the express written permission of the City of Port Orchard. Use of the City logo is prohibited for any non -governmental purpose. Any person reproducing or redistributing a third party copyright must adhere to the terms and conditions of the third party copyright holder. If you are a copyright holder and you feel that the City of Port Orchard did not use an appropriate credit line, please notify the Webmaster with detailed information about the circumstances so that the copyright information can be added or the material in question can be removed. E. Contact Us If you have any questions or concerns about the City of Port Orchard Social Media Policy or its implementation, or if you find incorrect information or are interested in seeking permissions that fall outside of the guidelines above, please contact the City's Webmaster. Your completed Application must contain: ❑ Completed application form ❑ Copy of ordinance ❑ Standard 3 work plan ❑ Standard 3 expenditure breakdown ❑ Standard 4 Arbor Day observance information ❑ Standard 4 Arbor Day proclamation Optional: ❑ Photos for possible inclusion in National Arbor Day Foundation publications Please send your completed application to your state forester's office for certification. If you do not have the state forester's address contact Program Services, The National Arbor Day Foundation, 888/448-7337 or go to arborday.org/programs/urbanforesters.cfm 0 The National Arbor Day Foundation 100 Arbor Avenue • Nebraska City, NE 68410 THE CITY USA APPLICATION QThe National Arbor DayFoundation9 RECEI�in n MAY 15 CI FCp CLERKS OFFORT ORCHARD, CE CITY do,�aFaq �� srscR RE PRYER RRIHiEU WIiX gyRF6YCNELE SOY INK 50025202 As a TREE CITY USA, your community will receive... TREE CITY USA Arbor Day Foundation ...highway signs for community a Tree City USA flag ...a walnut -mounted plaque entrances ... along with the joy of stewardship and the gratitude of future generations The National Arbor Day Foundation, in cooperation with the U.S. Forest Service and the National Association of State Foresters, recognizes towns and cities across America that meet the standards of the TREE CITY USA program. At least half of the trees in a typical city are on public property -along streets, in parks, and around public buildings. The TREE CITY USA application must be completed by an appropriate city official (mayor, city forester, chairman of the tree board, etc.). Mail the completed application to your state forester along with all requested supporting material no later than December 31. The TREE CITY USA program is designed to recognize those communities that effectively manage their public tree resources, and to encourage the implementation of community tree management based on four TREE CITY USA Standards. These four standards provide structure for a community forestry program, require that program to demonstrate Application Procedures Your state forester will evaluate the application and forward it to The National Arbor Day Foundation. You will be advised whether your community qualifies for TREE CITY USA recognition. Tree City USA Standards STANDARD 1: A Tree Board or Department A tree board is a group of concerned citizens, usually volunteer, charged by ordinance to develop and administer a comprehensive community tree management program for the care of trees on public property. Tree boards usually function with the aid of professional foresters. In communities with a population of more then 10,000, city forestry departments with salaried employees are often feasible. These departments may or may not be supported by advisory boards or administrative commissions. STANDARD 2: A Community Tree Ordinance The community tree ordinance needs to designate the tree board or department and give them the responsibility for writing and implementing the annual community forestry work plan. The ordinance should determine public tree care policies for planting, maintenance and removals. Ideally, the city tree ordinance will make provisions for establishing and updating a list of recommended street tree species to be planted with spacing and location requirements. A sample tree ordinance may be obtained by writing The National Arbor Day Foundation. STANDARD 3: A Community Forestry Program with an Annual Budget of at least $2 per capita. Many communities begin their program by taking an inventory of the trees growing on public property. The species, location, and condition of each tree are noted success based on the judgment of the state forester's office, and provide for an awareness and appreciation of trees among the residents of the community. TREE CITY USA recognition can make a strong contribution to your community's pride, and it will keep you in touch with other communities and resources which can help you improve your program. Because your TREE CITY USA application must be certified by your state forester you are encouraged to contact your state forester's office early in the application process for technical advice and assistance in meeting the standards of a good community forestry program. (i.e. healthy, needs pruning, should be removed, etc.) and the inventory data is summarized in a written report for presentation and approval by the city council. The report should be an objective analysis of the present state of the urban forest with recommendations for future management. The essential, ongoing activity for the care of trees along streets, in parks, and on other public places is the community forestry program. The annual work plan should address planting, watering and fertilizing, dead and hazardous tree removal, safety and fine pruning, and insect and disease control. To be named as a TREE CITY USA, a town or city must annually spend at least $2 per capita for its annual community forestry program. Consider all funds spent for tree care - budget for street tree department or board, park department's tree expenditures, dead tree removal, etc. STANDARD 4: An Arbor Day Observance and Proclamation An Arbor Day observance can be simple and brief or an all -day or all -week observance. A proclamation issued by the mayor must accompany the observance and declare the observance of Arbor Day in your community. You can obtain a free 'Celebrate Arbor Dayl" packet by writing The National Arbor Day Foundation. Along with ideas for celebrating the holiday, the packet contains a sample proclamation. As TREE CITY USA Application Mail completed application with requested attachments to your state forester no later than December 31. The TREE CITY USA award is in recognition of work completed by the community during the calendar year. Please provide information for the year ending. (Some states require information in addition to the requested on this application. Check with your state foresters.) (Title - Mayor or other city official) of the community of I herewith make application for this community to be officially recognized and designated as a Tree City USA for , having achieved the standards set forth by The National Arbor Day Foundation as noted below. (year) Standard 1: A Tree Board or Department List date of establishment of board, board members, and meeting dates for the past year; or name of city department and manager. Standard 2: A Community Tree Ordinance Date ordinance established Attach ordinance. Standard 3: A Community Forestry Program with an Annual Budget of at Least $2 Per Capita Total community forestry expenditures ............................................... $ Community population...................................................................... Attach annual work plan outlining the work carried out during the past year. Attach breakdown of community, forestry expenditures. Standard 4: An Arbor Day Observance and Proclamation Date observance was held Attach program of activities and/or news coverage. Attach Arbor Day proclamation. Signature Title Date Please type or print the following: Mayor or equivalent: City Forestry Contact: Name: Name: Title: Address: — City, State, Zip: Phone #: — Email: Title: Address: City, State, Zip: Phone #: Email: _ NOTE: Application will not be processed without attachments. Certification (To Be Completed By The State Forester) (Community) The above named community has made formal application to this office. I am pleased to advise you that we reviewed the application and have concluded that, based on the information contained herein, said community is eligible to be recognized and designated as a Tree City USA, for the calendar year, having in my opinion met the four standards of achievement in urban forestry. Signed State Forester Date Person in State Forester's Office who should receive recognition material: Name: UPS Address: Title: City, State, Zip: Agency: PH If: Email: F ` � xv/ F W t: < VETERANS OF FOREIGN WARS OF THE U.S. FRED NEEDHAM POST NO. 2669 736 Bay Street MAY 2 4 pc j0 Port Orchard, Washington 98366 arr of PLANNING dFPgR MENT This letter is addressed to whomever has the authority to respond to it. subject: Construction of a Veterans Memorial on the Port Orchard waterfront. It is the desire of VFW Post 2669 to build a Veterans Memorial in Port Orchard as we do not have one. There is a small one in Manchester at the library. We had hoped to expand it but Manchester had to many objections to our plan so we cancelled. Now we are thinking how nice it would look on the grass strip running between the Harbor and the parking lot on the waterfront. There seems to be some confusion as to who has jurisdiction over that property so we address this letter to whoever does. VFW Post 2669 has been in business in this community for 76 years. We are capable of completing this project. The wall we have currently designed is negotiable as to the size and shape and we are Flexible on the exact location on the strip. When this plan for the wall is completed it will repersent over $17,000 invested by the community. We have attached a drawing and detailed construction plans. paints of contact Post Commander, Ted Streete (360) 876-2669 Project Chairman, Joseph Hovey (360) 895-9042 member, Robert Hovey (360) 876-2669 E-Mail vpost@live.com fax (360)876-2669 Post Commander 5/3/2010 VETERANS OF FOREIGN WARS OF THE UNITED STATES V Ht� 2 a d G z 4a U 2 > rp a K Q C d a W U i Y C J y v w m` ,c vno to 0. C w W o wv r o 'oq n� W V K O z d S Y W 6� a 1y\\\ m T W ol �z - a a 2 r m Y 3 a uI `o 4 a 04 `o G3 ��1��d1a T �O a :o r CITY Or PORT ORCHARD Planning Department 216 Prospect Street, Port Orchard, WA 98366 Voice: (36o) 876-49919 Pax: (36o) 876-498o planning@cityofportorchard.us www.ci tyofportorcha rd.as June 15, 2010 Joseph Hovey, Project Chairman Ted Streete, Post Commander VFW Post 2669 736 Bay Street Port Orchard, WA 98366 Re: Parcel Number 262401-1-007-2008 File: P-040-10 LIS: 10-00227 Attendees: Joseph Hovey, VFW Post 2669; Mike Gates, VFW Post 2669; James Weaver, Development Director; Mark Dorsey, Public Works Director; Steve Slaton, Port of Bremerton; Stephanie Andrews, Assistant Planner; Greg Rogers, South Kitsap Fire District; Brian Miller, Engineering Technician II Thank you for meeting with staff on Monday, June 7, 2010 to discuss your project. According to the documents submitted and the information provided at the pre- application meeting, it appears that you would like to place a memorial wall for Veterans of Foreign Wars located at 700/707 Sidney Parkway, parcel number 262401-1-007-2008 which is owned by the City of Port Orchard. Land Use and Zoninn: Environmental Regulations: The City of Port Orchard Shoreline Master Program (SMP) designates all shorelines along Sinclair Inlet as "Shorelines of Statewide Significance." Any development occurring within 200 feet of identified state shorelines is considered a regulated activity. Development cannot proceed without first obtaining a Substantial Development Permit. This permit is required when the value of any development exceeds the total cost or fair market value of $2,500, or when any development materially interferes with the normal public use of the water or shorelines of the state. Your pre -application materials state that the proposed project will be valued at over $17,000 and it will be placed within approximately 15' of the shoreline. The Shoreline Master Program additionally classifies this shoreline as "Downtown Upland"; and referring to the Use Matrices in Section 8.1, Water-Related/Enjoyment Uses are a Permitted use. As long as the value of the project is under $2,500, the Shoreline Exemption will be the permit to apply for. if the value is over $2,500, a Substantial Development Permit will be needed. If the Substantial Development Permit is applied for, the application will have to go to a hearing with the City of Port Orchard Hearing Examiner to evaluate the project. Title 18 of the Port Orchard Municipal Code contains additional regulations for environmentally sensitive areas, including Fish and Wildlife Habitat Conservation areas. Section 18.06.030 states that buffers or setbacks shall be maintained along the perimeter of fish and wildlife habitat conservation areas, as listed in Table 18.06.030, This table does not associate Downtown Upland shorelines with a buffer, however a 25' minimum building setback is required. Distances shall be measured from Ordinary High Water Mark (OHM). To locate a structure within the setback, a Variance must be obtained in accordance with Port Orchard Municipal Code (POMC) Section 18.01.070. However, this project may be considered as part of the waterfront boardwalk trail system as a trail -related facility. Those facilities and uses associated with the trail system do not require a variance. It does not appear that the project meets any of the exemption criteria listed in WAC 197-11- 800 Categorical Exemptions. A State Environmental Policy Act (SEPA) checklist is therefore required. Zoning: The zoning designation for this site is Mixed Use. The property also lies within the Downtown Overlay District (DOD) and the View Protection Overlay District. Based on the information provided in the Pre -Application documents, it does not appear that these regulations will have many applicable sections to this proposal. Per Section 16.20,201 of the POMC, Parks and accessory uses are permitted outright within the DOD. General: The applicant may want to request a meeting with the Planning Commission to solicit feedback on the project prior to the Hearing with the Hearing Examiner or before going before the City Council. As an alternative, the applicant may consider minimizing the cost of the project to reduce the permit requirements. Summary of Land Use Permits Discussed and Estimated Fees 1) If value is over $2,500: Substantial Development Permit ($500) 2) If value is over $2,500: Hearing Examiner Fees ($2,500) 3) If value is over $2,500: Hearing Examiner Administration Fee ($250) 4) If value is under $2,500: Shoreline Exemption Permit ($50.00) 5) SEPA Checklist ($250) The $150 fee for this Pre -Application Meeting can be applied toward these permit fees if application is made within 12 months. Total permit cost estimate if value is over $2,500: $3,500 (with $150 credit) Total permit cost estimate if value is under $2,500: $300 (with $150 credit) Fire District Comments: The South Kitsap Fire & Rescue Prevention Office has completed a review of the plans that were dated received May 26, 2010 for the Veterans Memorial, located at Waterfront Greenbelt on Sidney Parkway in the City of Port Orchard, and has no immediate concerns with this project at this following time. Nothing in this review is intended to authorize or approve of any aspect of the design that does not comply with all applicable codes and standards. Should additional information become available, these comments may require modification. Please insure that additional information regarding this project is forwarded to our office. If you have any questions, please contact me at 871-2411 (Greg Rogers). Public Works/Engineering Department Comments: Preliminary findings for the proposed site location of the memorial near the Marina Restroom indicate that there is an existing 18-inch diameter sanitary sewer force main and an existing 6- inch diameter water main located within the proposed areas. Please coordinate the location of these utilities with Public Works and design the proposed structure such that a minimum 7.5-ft setback from both water and sewer utilities is maintained. This is required to provide unobstructed access to these areas in the event of needed upgrades and/or repairs. Please perform a design locate prior to design submittal. The remaining site alternative near the torpedo at the Port's recreational boating facility appears to have no city utility conflicts. A map of the sewer and water lines is attached to this letter for your reference. Building Department Comments: No comments at this time, building permit will exact specifications. be reviewed at the time of project submittal for Thank you again for considering the City of Port Orchard for your development proposal. The City's goal is to promote excellent customer service and efficient processing of all permits. This information presented above is based on partial plans and information. Please note that a more complete submittal with additional information may change the requirements of the application. If you have additional questions, please feel free to contact me at (360) 874-5526. If you would like a pre -submittal meeting to assist in the application process, please bring your proposal to the city so we can assist you in submitting the appropriate information. Respectfully, Stephanie Andrews Assistant Planner (360) 874-5526 cc: File: P-040-10 City of Port Orchard Public Property Committee Meeting Minutes Tuesday, June 8, 2010 Present: Chair Fred Olin, Committee members, Carolyn Powers & Fred Chang. Mayor Lary Coppola was present. City Staff present: City Clerk Patti Kirkpatrick, Development Director James Weaver, and Public Works Director Mark Dorsey. Also Present: Joseph Hovey, Mike Dates, Wayne Patterson & Family, John Ready. Chair Olin called the meeting to order at 7:40 A.M. Petition for No Parking on Advantage Avenue Public Works Director, Mark Dorsey discussed the existing parking conditions on Advantage Avenue and illustrated the history of the development of the subdivision, parking issues, and resulting design of the road during previous administrations. Wayne Patterson, representing the petitioners explained the parking difficulties on the narrow street and detailed the request for removal of the No Parking signs from the west side of the street, allowing parking on one side. Director Dorsey explained his discussions with Waste Management regarding truck access to the street, and indicated from his preliminary discussions, that the parking on one side would be amenable to the service providers and may not necessarily impede required access. The committee further discussed the proposal and direct staff to prepare a resolution for the removal of the no parking signs on one side of Advantage Avenue for full council consideration. John Ready Parking Issues John Ready, owner of the Wine Shop in downtown Port Orchard described his concerns regarding event parking and the impacts it may have on his and other Harrison Street businesses. Discussion revolved around the Farmers Market configuration in the City parking lot with relation to the transfer of Port parking spaces to the other side of the public parking lot. Public Works Director Mark Dorsey informed the committee of the progress working for the swap of parking stalls between the Port of Bremerton and the City. Director Dorsey indicated that the swap was approved by City Council and now was dependent upon approval by the Port Commissioners. Mr. Ready expresses support of the proposed swap to address the majority of the issues brought forward. Discussion of Paul Powers Park Improvements Committee Chair, Councilman Olin and the committee discussed with Public Works Director Dorsey, the opportunity to make no -cost improvements to the Paul Powers Park. Specifically, Director Dorsey provided a draft implementation proposal of reconfiguring the fencing and the entrance to the park as well as restriping areas for additional parking. Director Dorsey discussed the SUR fire calibration equipment located on the Park and the need for the relocation of test pit equipment to the readiness center in Bremerton. Communication would be pursued with the Fire District regarding the potential relocation. It was acknowledged that no funds had been placed in the 2010 budget for the improvements, but the committee was assured that the project would be brought forward as part of the 2011 budget. The committee supported Director Dorsey ability to utilize existing public works staff, volunteers, and/or community service personnel to update the entrance and parking provided there was no impact on the 2010 budget. It was agreed that further SACity Council\Committees\Public Property\Minutes\2010\PUBLIC PROPERTY MEETING Minutes 06-08-10 DRAFT.doc Public Property Minutes Meeting of June 8, 2010 Page 2 of 2 discussion was warranted and this item would be brought before the full City Council for further review at a future work study meeting. Discussion of leasing/monthly rental of property located below Kitsap County Public Works Building & Dwight Street: The Committee discussed a proposal for extended parking alternatives near the Kitsap County Court House. Public Works Director Mark Dorsey discussed resolution of the vacant right of way at Dwight Street and the potential for use by Kitsap County Public Works for parking or for conversion into public parking areas. The Kitsap County Bar Association had requested an exploration of alternatives for extending parking surrounding the courthouse due to regular court cases where a break to accommodate the two hour parking limitations was not possible. The idea of extended parking Kiosks was discussed as an alternative to multiple parking issues within the area. The Committee discussed various iterations of the proposals and recommended that City staff and City Attorney investigate the underlying right of way and any land use approvals for the County Administration Building. Staff was to discuss this at the next available Council workstudy meeting with the vacant right of way at Dwight to be brought separately at the July workstudy meeting. City Recycling Bins Adiacent to City Trash Cans: Committee member and councilperson Fred Chang discussed the viability and possible cost of providing recycling bins adjacent to the City trash cans located on Bay Street. Public Works Director Dorsey discussed his conversations with Waste Management, and offered the options that ever available under the existing contract in regards to the recycling component. The committee agreed that it would be beneficial to have the existing contract examined for the recycling component and, if available at no cost, a pilot project begun for locating recycling containers on Bay Street. Veterans Waterfront Memorial Potential Proiect A discussion with the Veterans representatives regarding a proposed waterfront memorial was discussed, and the submitted information regarding construction, materials, placement, and but no specific information was available at the time of the meeting. The general consensus from the Committee was that the most desirable location for the proposed monument may be adjacent to the existing torpedo and memorial located at the Water Street Boat Launch. The various elements of the monument was discussed by the committee with the Veterans representatives. Development Director James Weaver indicated he would be meeting with the organization upon submission of any permits for the project. The item was recommended for inclusion on the July workstudy meeting for council consideration. Additional Items: Public Works Director Mark Dorsey also discussed general right of way issues with the committee regarding street tree cutting policies and power line interactions with trees in the right of way. Meeting Adjourned: 9 AM Next Meeting: Will be determined at a later date cc: Council, City Attorney, Mayor, and Department Heads CITY Or PORT ORCHARD Planning Department 216 Prospect Street, Port Orchard, WA 98366 Phone: (36o) 876-4991• Pax:(36o) 876-498o planning@ cityofpor[o rcha rd.us www.cityofportorchard.us 2010 Comprehensive Plan Update — Preliminary Docket Agenda Pursuant to Port Orchard Municipal Code Section (POMC) 16.05 the Development Director, by the authority issued in Port Orchard Municipal Code, has initiated the process for the 2010 annual amendments to the Port Orchard comprehensive plan. In compliance with POMC 16.05.060, the Development Director has compiled and will maintain for public review this recommended final comprehensive plan amendment agenda for site -specific amendments and for city-wide amendments. All comprehensive plan amendment applications per POMC 16.05 were required to be completed and submitted to the planning department by 5:00 p.m. on June 15th of any year in order to be considered during that year's amendment process. The Development Director has based 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. The following preliminary agenda is provided for the 2010 Update to the Port Orchard Comprehensive Plan. Site -Specific Comprehensive Plan Amendments for Consideration in 2010. 1. Consideration of Site Specific Comprehensive Plan Amendment, No. R- 1173: Coy Rezone, located at 1710 Pottery Avenue, proposing a Commercial Land Use designation. City -Wide Comprehensive Plan Amendments for Consideration in 2010. Consideration of 2010 Annexed Areas into the Port Orchard Comprehensive Plan. Consideration of Updates to Appendix A, Maps Consideration of Updates to Appendix G, Plans Adopted by Reference All comprehensive plan amendments shall be prepared for public notice and comment for consideration by the Port Orchard Planning Commission prior to September 15, 2010. Upon recommendation from the Port Orchard Planning Commission, all proposed comprehensive plan amendments shall be prepared for public notice and for public hearing consistent with Port Orchard Municipal Code Section 16.05 and before the City Council, prior to December 15, 2010. Please forward any comments or questions regarding the 2010 Update to the Port Orchard Comprehensive Plan to the Port Orchard Planning Department, 216 Prospect Street, Port Orchard, WA 98366 or planning cit ofportorchard.us. Thank you. James R. Weaver, AICP Port Orchard Development Director Patricia J. Kirkpatrick From: Lary Coppola Sent: Monday, August 09, 2010 2:30 PM To: Carolyn Powers (cpowers@wavecable.com); Fred Chang; Fred Olin; James Colebank; Jerry Childs; John Clauson (johnc@kitsaptransit.com); Robert Putaansuu Cc: Patricia J. Kirkpatrick; James Weaver; Mark Dorsey; Jennifer Forbes Subject: Revised Countywide Planning Policies Attachments: CPP with all revisions as of 07 29 10.pdf Attached are the proposed revisions to the Countywide Planning Policies (CPPs).While this a mandatory update, I personally have some reservations about the amount of local control being ceded to the PSRC, the number of unfunded mandates in here, the unscientific basis in which climate change issues are addressed, as well as some other aspects that I don't believe are within the purview of government in general, and in my view reflect a "nanny state' mentality. The changes to the existing CPPs are in red. I'd appreciate it if you would take the time to review these, and give me your feedback on these changes since I have to vote on this amended document at some point on behalf of the City. Specifically, what concerns me are the following: Page 14, the new language specifying that PSRC may have to approve any change in Center status. Page 18, the new sections 3 & 4, which mandate we deal with Greenhouse gases, but outlines no funding source. Page 20, 1D, adding the reference we adhere to Transportation 2040. Page 20, 2D, the new section mandating we deal with corridors crossing jurisdictional boundaries. This could allow another jurisdiction to scuttle any plans we have to upgrade a transportation corridor (such as Bethel) because it crosses jurisdictional lines (in Bethel's case, into the County). Page 21, The new section 4, article D. I see this as the camel's nose under the tent in reference to mandating future changes to our local building code. Page 24, Element H, second bullet referencing "Climate." There is no standard defined, or recognized science as to how this will be determined and/or enforced. Page 24, Element H, third bullet. Who will define "Clean" and what standards will be applied? Page 25, 1 have heartburn about the reference to climate change in the text box. Page 26, Section F. This is an unfunded mandate Page 26, Section 3B. The reference to Greenhouse gases. There is no scientifically established way to quantify this. Page 31, Section 1D should be amended to read, "The County and the Cities should each identify specific policies and implementation strategies in their Comprehensive Plans and should enact implementing regulations that result in no net loss of buildable lands, in order to provide a mix of housing types and costs to achieve identified goals for at all income levels including good access to employment centers. Page 31, 4B,i, looks to me to be an unfunded mandate. Page 32, 4F, the subsidizing of fees begs the question of gifting of public funds Page 32, 4G, ii, seems to contradict much of what has preceded it in this entire document. Lary Coppola, Mayor City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 (360) 876-7025 - Direct Line themayor@citVofportorchard.us Proposed Revisions to the Adopted Kitsap Countywide Planning Policies November 19, 2007 Attached are the Kitsap Countywide Planning Policies as adopted by the Kitsap County Board of Commissioners by ordinance on November 19, 2007 (Ordinance 403-2007). The Countywide Planning Policies as revised are currently in effect in Kitsap County. The Kitsap Countywide Planning Policies are the framework for growth management in Kitsap County. Under the Growth Management Act, the Puget Sound Region is defined as King, Kitsap, Snohomish and Pierce Counties. The Puget Sound Regional Council is responsible for developing the four -county regional transportation and land use vision. The Kitsap Countywide Planning Policies tailor the Puget Sound Regional Council's regional growth management guidelines to Kitsap County and are the policy framework for the County's and the Cities' comprehensive plans. The Kitsap Countywide Planning Policies address 14 separate elements, ranging from urban growth areas to affordable housing. The Countywide Planning Policies are required by the Growth Management Act and may be appealed (only) by Cities and the Governor of Washington. The original Kitsap Countywide Planning Policies (adopted by Kitsap County in 1992) and subsequent revisions (August 2001, December 2003, November 2004, November 2007, [Month ofadoptioW, 2010)) were developed through a multi - jurisdictional collaboration sponsored by the Kitsap Regional Coordinating Council among: Kitsap County, the Cities of Bremerton, Bainbridge Island, Port Orchard & Poulsbo, the Suquamish & Port Gamble S'Klallam Tribes, the Navy, the Port of Bremerton, and Kitsap Transit. Kitsap County is lead agency for its environmental review. For Review and Discussion: September 7, 2010 Study Session Note: All proposed revisions are color -coded Red Pages with such proposed revisions are noted with * Proposed Revisions: Draft July 29. 2010 I Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 0 CONTENTS V Page INTRODUCTION............................................................................................. 3 POLICY ELEMENTS A. Countywide Growth Pattern(CW).............................................................. 5 B. Urban Growth Areas(UGA)..................................................................... 7 C. Centers of Growth(C)...................................................................... 12 D. Rural Land Uses and Development Patterns (R)......................................... 15 E. Countywide Strategies for Open Space Preservation, Resource Protection And Critical Areas, Air Quality, and Water Quality/Quantity (PPCAAAW ... ...... 17 F. Contiguous, Compatible, and Orderly Development (CLOD) ............ ..... 20 G. Siting Public Capital Facilities of a C,.. nt. ,vvi e or SteAewide Nature (CF).. 22 H. Transportation(T)..................................................................... 24 I. Affordable Housing (AH)........................................................ 30 J. Countywide Economic Development (ED) .............................. ...... 33 K. An Analysis of the Fiscal Impact(FI)............................................. 35 L. Coordination with Tribal Governments(CT).................................... 36 M. Coordination with Federal Government including Navy (CF)............... 37 N. Roles & Responsibilities(RR)............................................................... 39 I_\»m101117►1 A. Ratification Process a B. Population Distribution b C. Urban Growth Area Management Agreements c D. Revenue Sharing Interlocal Agreement (adopted December, 2001) d E. Current Organizational Interlocal Agreement e F. Regional and Kitsap-Designated Centers List f G. Centers & Limited Areas of More Intensive Rural Development (LAMIRD) Matrix g Proposed Revisions: Draft July 29. 2010 2 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 INTRODUCTION The Growth Management Act (GMA) is founded on the principle that it is in the best interest of the citizens of the State to foster coordination and cooperation among units of local and state government. Cities and counties must engage in a collaborative planning process under the requirements of the Act. Specifically, the Act states that, "THE LEGISLATURE FINDS THAT UNCOORDINATED AND UNPLANNED GROWTH... POSEA THREAT TO THE ENVIRONMENT, SUSTAINABLE ECONOMIC DEVELOPMENT, AND THE HEALTH, SAFETY, AND HIGH QUALITY OF LIFE ENJOYED BYRESIDENTS OF THE STATE. IT IS IN THE PUBLIC INTEREST THAT CITIZENS, COMMUNITIES, LOCAL GOVERNMENTS, AND THE PRIVATE SECTOR COOPERATE AND COORDINATE WITH ONE ANOTHER IN COMPREHENSIVE LAND USE PLANNING. " The Growth Management Act (RCW 36.70A.210) states that "A COUNTYWIDE PLANNING POLICYIS A WRITTEN POLICY STA TEMENT OR STATEMENTS USED SOLELY FOR ESTABLISHING A COUNTYWIDE FRAMEWORK FROM WHICH CO UNTY AND CITY COMPREHENSIVE PLANS A RE DE VELOPED A ND A DOP TED ... (TO)ENSURE THAT CITYAND COUNTY COMPREHENSIVE PLANS ARE CONSISTENT— " as required in RCW 36.70A.100. "NOTHING IN THIS DOCUMENT SHALL BE CONSTRUED TO ALTER THE LAND USE POWERS OF CITIES. ". The Act requires that the countywide policy be collaboratively developed among Cities and the County. Further, "FEDERAL AGENCIES AND INDIAN TRIBES MAY PARTICIPATE IN AND COOPERATE WITH THE COUNTYWIDE PLANNING POLICYADOPTION PROCESS. " These policies may also be used for other purposes requiring collaboration and cooperation in addition to the development and adoption of comprehensive plans. Vision 2040 adopted by the Puget Sound Regional Council during 2010) serves as the long-range growth management, environmental, economic development and transportation strategy for King, Kitsap. Pierce. and Snohomish Counties. Vision 2040 includes the Regional Growth Strategy, Multi - County Planning Policies (RCW 36.70A.210) and Implementation Actions. The 1992 Kitsap Countywide Planning Policies and subsequent revisions in 2001, and 2003, 2_00 7. and 2010. were developed by a committee of planners representing Kitsap County, the City of Bremerton, the City of Port Orchard, the City of Poulsbo, the City of Bainbridge Island, the Port Gamble S'Klallam Tribe, the Suquamish Tribe, the Navy, and Kitsap Transit.' At each point, the Kitsap Regional Coordinating Council conducted a public hearing and prepared a recommendation for adoption by the Kitsap County Board of Commissioners and ratification by Cities and Tribes. The process of review and discussion through the Kitsap Regional Coordinating Council forum is intended to foster consensus whenever possible. County and City Comprehensive Plans must be consistent with the adopted Countywide Planning Policies. Policies for Undate and Ratification (UR): 1. The Kitsap Countywide Planning Policies should be dynamic and regularly monitored for applicability and effectiveness. a. The adopted Countywide Planning Policies should be reviewed through the Kitsap Regional Coordinating Council process at least every five years. Proposed revisions shall be reviewed for impacts according to the State Environmental Protection Act (SEPA) and shall be consistent with the State Growth Management Act (GMA). b. The County or a City may propose a policy amendment to the Countywide Planning Policies. ' The Kitsap County Health District also reviewed and commented upon the 2010 amendment PrQposals.. Proposed Revisions: Draft July 29. 2010 3 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 2. Proposed amendments should be considered on a regular basis and voting is subject to the Kitsap Regional Coordinating Council by-laws. a. Kitsap County shall take action to consider and adopt amendments or revisions to the Countywide Planning Policies following recommendation from the Kitsap Regional Coordinating Council. b. The Kitsap Regional Coordinating Council will strive for ratification by all Cities and Tribes during the 90 days following the Board of County Commissioners' adoption of its subject ordinance. The adopted CPP will become effective upon ratification by three or more cities in Kitsap County. c. A City or Tribal Council that does not ratify the revised Countywide Planning Policies within 90 days of the Board of County Commissioners' adoption of its subject ordinance shall provide a written statement of its objections to the Kitsap Regional Coordinating Council, in order to facilitate further review. (See Appendix A for process flow chart). d. Once the ratified revisions to the Countywide Planning Policies take effect, a City or the Governor's office may appeal the revisions to the Growth Management Hearings Board within a further 60 day period. Proposed Revisions: Draft July 29. 2010 4 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 Element A. Countywide Growth Pattern The vision for the future of Kitsap County, agartiop fW te4 i.n the KAsap /', u o, /'.,mpr a ..;.. Plan ; l o "seeks to maintain and enhance the quality of life that makes our County a special place to live and work...... envision a future in which our natural systems are protected; the water quality in our lakes, streams and Puget Sound is enhanced; the village character of some of our smaller towns is preserved; the historical nature of our communities is respected in order to preserve our heritage for future generations; a diversified economic base that supports good jobs, contributes to healthy downtowns in our cities and affordable housing choices; the rural appearance of our county is perpetuated. This vision of the future, shared by citizens and elected officials, includes the following elements: a. Livable urban communities and neighborhoods, centers for employment, civic activities, housing: Attractive, well designed, bLkelpedestrian -friendly and livable urban communities, supported by efficient and high quality services and facilities, and providing a range of housing choices. Healthy cities that are the region's centers for employment, affordable housing choices, and civic and cultural activities. b. Vital diversified economy: An *MyPdAy#w*ed-economv that provides training education, and living wage jobs for residents, supported by adequate land for a range of employment uses and that encourages accomplishment of local economic development goals as articulated in Kitsap 20120. C. Efficient multi -modal transportation system: Creation of an efficient, clean, and sustainable multi - modal transportation system — including roads and highways, public transportation, ferries, airports, and opportunities for non -motorized travel — that provides efficient access and mobility for county residents, and supports our land use pattern. d. Natural systems protection: Protection and enhancement of the natural environment, including wetlands, streams, wildlife habitat, shorelines, water quality, air, climate, and natural resource as lands. Creation of a system of open space, try parks, and greenbelts that provide opportunities for recreation and that give structure and separation to urban areas. e. Rural character : Maintenance of the traditional character, appearance, economic and ecolozical functions, and lifestyles of Kitsap County's rural communities and areas to include the production and distribution of locally grown food. f. Responsive Government: An efficient and responsive government that works in partnershipwith citizens, governmental entities and Tribes to meet collective needs fairly; and that supports education, environmental protection and human services. A key strategy to accomplish this vision is the intention to encourage future urban growth in areas within incorporated cities and in unincorporated areas that are already characterized by urban growth with existing and planned services and facilities. These actions will work to strengthen our natural environment and rural character, and are geared to reduce taxpayer costs by focusing the expenditure of public funds, encouraging concentrated development where appropriate, and increasing our choices for housing and jobs." Proposed Revisions: Draft July 29. 2010 5 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 Balancing historical patterns of growth with a preferred vision of the future and legal requirements is an on -going challenge. Tradeoffs must be made to balance the costs with the gains; flexibility is necessary to adapt to changing conditions. These policies are intended to reflect the long-term goals of the people living, working and doing business here. Policies for Countywide Growth Pattern (C)Y): 1. Roles of Cities and Urban Growth Arcas/Urban Communities a. The primary role of Kitsap's urban communities is to encourage growth, through new development, re -development and in -fill. (See Appendix B for current and projected population distribution.) Population growth should be directed to Cities. urban growth areas and centers with a transportation system that connects people with jobs and housing. b. Each of Kitsap's urban communities should foster its unique vision as a high quality place to live and work, through urban design, historic preservation, and arts that improve the natural c. In Kitsap, urban communities are closely linked to water and natural amenities and provide open space links to the natural environment. 2. Roles of Kitsap County: a. Keep regional vision in mind when making local decisions. b. Promote stewardship of unincorporated urban areas and promote '-,.,,sitio . to ,.;ties • " finanaially viab4e. annexation into cities or incorporation. c. Maintain/enhance natural systems and rural character. d. Include a variety of low density rural communities, densities, and uses. 3. To achieve these goals, the Kitsap Regional Coordinating Council member jurisdictions should: a. Make decisions together when needed. b. Coordinate and cooperate on land use, policy and capital planning. c. Establish and keep updated a Buildable Land Analysis Program. d. Develop a program for the Transfer of Development Rights to preserve lands with important public benefits. e. Maintain/preserve distinct urban identities with green breaks or other natural features. f. Promote tiering and/or phasing of infrastructure development within Urban Growth Areas. g. Develop and implement land use policies, regulations and incentives to promote the efficient use of urban areas. h. Incorporate provisions addressing health and well-being into appropriate regional, countywide, and local planning and decision -making processes Proposed Revisions: Draft July 29. 2010 6 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 Element B. Urban Growth Areas The basic premise for designating Urban Growth Areas is to encourage the location of urban density residential, commercial and industrial developments in areas where services can be most economically provided. The benefits of directing growth to designated urban areas include: * Higher density residential development within walking or bicycling distance of jobs, transit, schools and parks. * Limiting urban expansion into rural and forested areas. * Promotion of in -fill or redevelopment of existing urban areas. * Preservation of open space, critical areas and lands designated for resource protection. * Accommodation of employment growth in a concentrated pattern. * More economical provision and maintenance of streets, sewer/ water lines and other public facilities. * Promotion of attractive residential neighborhoods and commercial districts which provide a sense of community. * A harmonious relationship with regional planning as articulated by Vision 20M 2040 and Transportation 2040 adopted by the Puget Sound Regional Council as the growth and transportation strategy for central Puget Sound. Policies for Urban Growth Areas (UGA): Background: The Growth Management Act 1. Land Utilization & Monitoring Programs: was amended in 1997 requiring Kitsap County and Cities to monitor countywide Consistent with RCW 36.70A.115, the County and Cities development activities in five-year intervals shall ensure that, taken collectively, adoption of and in order to test their Comprehensive Plans' amendments to their comprehensive plans and/or growth and land absorption assumptions. development regulations provide sufficient capacity of land Two different analyses are used: (1) The suitable for development within their jurisdictions to Land Capacity Analysis, first conducted by accommodate their housing and employment growth Kitsap County in 2002, estimates the existing land supply based on a set of defined (derived from population distribution), as adopted in the assumptions, e.g. market factor, speed of applicable Countywide Planning Policies and consistent land absorption, critical areas exclusions, etc. with the 20-year population forecast from the WA Office It uses a consistent, agreed -upon of Financial Management and Vision 2040 guidance. methodology, with allowance for documented variations for individual a. The County and the Cities shall maintain a Land jurisdiction's conditions. (2) The Buildable Capacity Analysis Program using consistent, agreed- Land Analysis (as required by the State upon methodology to estimate the land supply available GMA) uses recorded permit activity to track to accommodate future residential, commercial, and and monitor residential, commercial, and industrial growth. industrial growth. It will be updated throughout Kitsap County in 2007. It is an b. The County and the Cities shall participate in an agreed adaptive management tool for comparing upon Buildable Lands Analysis Program to monitor development assumptions, targets, and and evaluate the effectiveness of their respective objectives with actual development. If Comprehensive Plans. inconsistencies are found, the County and Cities must then implement reasonable c. The County and Cities shall establish procedures for measures, other than adjusting Urban Growth resolving disputes in collection and analysis of Land Areas, that will be taken in order to comply Capacity data. In the event a resolution cannot be with the GMA. The following countywide achieved, the Kitsap Regional Coordinating Council planning policies relate to this regional program to monitor the buildable land supply for future growth as forecasted by the State Proposed Revisions: Draft July 29. 2010 7 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 shall be a forum to review and if possible facilitate any disputes between parties. 2. Each jurisdiction is responsible for implementing appropriate reasonable measures within its jurisdictional boundaries. If the Buildable Lands Analysis shows that a jurisdiction's Comprehensive Plan growth goals are not being met, that jurisdiction shall consider implementing additional reasonable measures in order to use its designated urban land more efficiently. 3. Process and criteria for establishing, expanding, and adjusting Urban Growth Areas in Kitsap County: a. Urban Growth Areas are areas "within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature" (RCW 36.70A.I I0(1)) except under specific circumstances, as fully contained communities and master planned resorts as authorized by the Growth Management Act. b. Unincorporated Urban Growth Areas shoo shall be associated with an existing or future city. c. All Urban Growth Areas shall be reflected in County and respective City comprehensive plans. d. Sufficient area must be included in the Urban Growth Areas to accommodate the adopted 20-year population distribution as adopted by the Kitsap Regional Coordinating Council and consistent with WA Office of Financial Management projections. e. A jurisdiction may define growth tiers within its Urban Growth Area (RCW 36.70A.110.3) to focus public and/or private investment where growth is desired. Utility development and/or expansion may be phased to support efficient and cost-effective growth and to prioritize investments. f. The County, City, or interested citizens may initiate an amendment to an existing Urban Growth Area through the comprehensive plan amendment process as authorized by the Growth Management Act. g. Any jurisdiction seeking to expand its Urban Growth Area shall achieve densities and urban growth patterns consistent with the Growth Management Act and the City's adopted Comprehensive Plan and any inter -local agreement between the City and the County.— h. If an adopted or proposed, 20-year projected population distribution requires the expansion of its Urban Growth Area, the respective jurisdiction shall conduct planning and analysis, addressing the following conditions: i. Update and confirm the capacity analysis for land within the existing Urban Growth Area for residential, commercial, and/or industrial lands, which takes into account all development approved within the overall UGA since the last UGA expansion. This shall be based upon updated Buildable Land and Land Capacity Analyses that follow the guidelines of RCW 36.70A.215. or other analysis determined appropriate for the particular UGA involved. To maximize consistency across jurisdictions, each jurisdiction shall use consistent methodology in calculating capacity. ii. Review the planning and zoning regulations and any incentive programs in place to determine expected densities and urban growth patterns in the existing UGA consistent with the Growth Management Act and the jurisdiction's adopted Comprehensive Plan. Proposed Revisions: Draft July 29. 2010 8 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 iii. Determine whether the adoption and implementation of suitable reasonable measures should be considered, if the Buildable Land Analysis shows that its Comprehensive Plan growth goals are not being met. iv. Data collection and analysis for the Land Capacity Analysis should be done cooperatively. The County will be responsible for data describing growth and capacity in the unincorporated portion of the Urban Growth Area, and the City for the incorporated portion. Expansion of Urban Growth Areas shall direct growth first to areas already characterized by urban growth that have adequate existing public facility and service capabilities to serve development; second to areas already characterized by urban growth that will be served adequately by a combination of both existing public facilities and services and any additional needed public facilities and services that are provided; and third to areas that are adjacent to incorporated cities or established Urban Growth Areas once the available land meeting the first or second priority has been designated. Areas which have existing public facilities or where public facilities can be reasonably extended and are not currently at urban densities should be considered first within this category. j. Ajurisdiction, as part of its Comprehensive Plan amendment or Subarea Plan process, that proposes an expansion of the UGA shall prepare or update a comparison of potential areas for expansion, including. i. Planning and zoning regulations currently in place. ii. An evaluation of how a full range of urban -level infrastructure and services would be provided within potential expansion areas, including appropriate capital facility analysis. Fire Storm Water Solid Waste Police Potable Water Park & Recreation Facilities Transportation Sewer Schools Utilities: Power and Telecommunications, including Broadband Emergency Medical Services All service providers including special districts and adjacent jurisdictions should be included in the evaluation. Best available infrastructure technology may be used provided that it has been approved by the jurisdiction as part of a broader review of available technology. iii. Although specific standards and criteria are not implied, other factors shall be addressed in evaluating areas for Urban Growth Area expansion, including but not limited to: environmental constraints; economic development; preservation of cultural, historical, and designated resource lands. k. The City and County shall conduct early and continuous public involvement when establishing, expanding, or adjusting Urban Growth Areas, and shall do so jointly when appropriate. Residents of unincorporated areas should be consulted and actively involved in the process affecting them. Proposed Revisions: Draft July 29. 2010 9 Adopted by Kitsap Counry Ordinance 403-2007 November 19, 2007 4. Coordinated Growth Management in Urban Growth Areas: a. Adopted City and County comprehensive plans shall reflect the intent that all land within unincorporated Urban Growth Areas will either annex to a city or incorporate within the 20-year planning horizon. b. To maximize the efficient use of urban lands, subdivisions in Urban Growth Areas shall be consistent with the associated jurisdiction's Comprehensive Plan and underlying zoning densities. c. As described in the Growth Management Act, cities are the primary provider of municipal services and facilities in their Urban Growth Areas, responsible for demonstrating within their Comprehensive Plans the capacity to provide all urban services within their associated Urban Growth Area(s). This may be accomplished through a collaborative process with Kitsap County and/or other service providers. d. The County and Cities shall establish procedures to facilitate the smooth transfer of governance for associated Urban Growth Area(s) through the adoption of Urban Growth Area Management Agreements (UGAMAs), as per Appendix C: Urban Growth area Management Agreements. e: For Urban Growth Areas : at ....peel fie eity. i. The County should plan with local communities to address land uses, infrastructure needs, level of service standards as identified in these policies, and other issues as needed. The results should be reflected in the County Comprehensive Plan. ii. The County should eentinue to provide a level of urban facilities and services consistent with the Coun 's ability and appropriateness to provide such services generally equivalent to these ,.a,.:«:eg ,.....n interim h....:.. for those Urban Growth Areas that will be associated with a specific city or that will eventually incorporate., and OR HH on going basis ate 5. Distribution of 20 year population increments, as forecasted by the WA Office of Financial Management: a. The Kitsap Regional Coordinating Council shall coordinate the process for distributing the forecasted population for the period 2005 — 2025 and every five years thereafter, consistent with the requirements of the Growth Management Act. Kitsap County shall adopt any revision to the population distribution as part of its next Comprehensive Plan amendment process and the Cities shall base their Comprehensive Plan amendments upon that distribution. The distribution process should consider countywide demographic analysis, the Land Capacity Analysis, and the OFM projections and it shall promote a countywide development pattern targeting over three quarters (76%) of new population growth to the designated Urban Growth Areas. The County and the Cities recognize that the success of this development pattern requires not only the rigorous support of Kitsap County in the rural areas, but also Cities' Comprehensive Plans being designed to attract substantial new population growth. Population distribution will be reviewed through the Kitsap Regional Coordinating Council process every five years. The review will include an analysis of the Cities' and County's progress in achieving target distributions. If the 76% UGA target mentioned above for new population growth and the overall population targets are met or exceeded, the target for new population will revert to five sixths (83%), as per the revised County -wide Planning Proposed Revisions: Draft July 29. 2010 10 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 Policies adopted by Kitsap County Ordinance #258-01 on August 20, 2001. Otherwise, the target may be reaffirmed or explicitly modified. b. Each jurisdiction with a designated Urban Growth Area shall develop an estimate and/or range of the additional population that it could accommodate and service during the 20 year planning horizon, consistent with its vision for future community character. The estimate shall consider the need for increasing population density within the Urban Growth Areas to promote efficient service delivery, avoid sprawl, and preserve community character. c. The population estimates and/or ranges shall be provided to the Kitsap Regional Coordinating Council, with a statement of need concerning adjusted Urban Growth Area boundaries. d. The Kitsap Regional Coordinating Council shall compile the jurisdictions' population estimates, including the estimate of additional population capacity for areas outside the Urban Growth Areas, and determine whether adjustments to the overall distribution are required in order to fit within the OFM projected range. e. The Kitsap Regional Coordinating Council, after conducting a public hearing, shall recommend the estimate and/or ranges of 20 year population distribution to Kitsap County for adoption as an amendment to the Countywide Planning Policies. f. Kitsap County should give substantial weight to the Kitsap Regional Coordinating Council's recommendation in adopting the 20-year population distribution. g. Following adoption of the estimates and/or ranges, each jurisdiction should update its comprehensive plan, so as to arrive at a final population target consistent with the estimate and/or within the original range. h. After each jurisdiction has completed its comprehensive plan update, the final adopted target should be compiled and reviewed through the Kitsap Regional Coordinating Council process and the revised population distribution incorporated into the Countywide Planning Policies. A final distribution to Urban Growth Areas versus non -Urban Growth Areas within the range specified above should then be calculated. 6. Fully Contained Communities and Master Planned Resorts A Master Plan review process and decision criteria for fully contained communities and master planned resorts should be incorporated in the County's comprehensive plan, must reflect the standards and requirements in the GMA, and in addition must address the following: a. Necessary public facilities, including but not limited to parks, schools, and public safety facilities should be pro- vided within or along with the devel- opment, consistent with adopted capital facility and level of service standards; Proposed Revisions: Draft July 29. 2010 Under the Growth Management Act (RCW 350), fully contained communities (FCCs) may be considered, provided that a portion of the twenty-year population forecast is reserved for & subsequently distributed to the FCC. The GMA requires that FCCs provide for a mix of uses that would provide jobs, housing, & public facilities and services to support a long-term residential population. The GMA (RCW 360) also allows the consideration of proposed master planned resorts (MPR's) outside of Urban Growth Areas for shorter -term residential uses. Master planned resorts are described as self-contained, fully integrated planned developments in areas with significant natural amenities. Pro posals,for FCC's should be made available, or review and comment on regional impacts. 11 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 b. Impacts to public infrastructure, nearby communities, adjacent rural areas, environmental resources, and designated resource lands should first be avoided, second minimized, and third mitigated; c. Provisions for review of such developments through the Kitsap Regional Coordinating Council process, in addition to other procedural requirements. Proposed Revisions: Draft July 29. 2010 12 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 Element C: Centers of Growth Centers are intended to be compact and centralized working, shopping and/or activity areas linked to other Centers by transit and non -motorized facilities. Centers and their boundaries are intended to be locally determined by the County and the Cities where a community -wide focal point can be provided, significant population and/or employment growth can be located, and the increased use of transit, walking and bicycling can be supported. Designated Centers are intended to define the pattern of future residential and commercial/ industrial growth and incorporate opportunities for parks, civic and public space development in Kitsap County. (See Appendix F for listing of Kitsap Designated Centers.) Policies for Centers of Growth (Q: 1. In decisions relating to population growth and resource allocation supporting growth, Centers have a high priority. 2. The Kitsap Countywide Plannine Policies encouraee the development of centers accordine to the following typoloey: a. Regional Centers of Growth Centers: The Puget Sound Regional Council has defined several types of Regional Centers within Urban Growth Areas in the four -county planning region, with planning guidelines (Vision 2040), Appendix 1 . i. Metropolitan Centers B_,.„.ei4e„ including the o_,....erton Naval eafliplex. "Me4e„alitan Centefs ... function as anchors within the region for a high density mix of business, residential, public, cultural and recreational uses, and day and night activity. They are characterized by their historic role as the central business districts of the major cities within the central Puget Sound region, providing services for and easily accessible to a population well beyond their city limits. Metro Centers may also serve national or international roles." (Vision 2040) ii. Urban Centers are areas with the comprehensive planning to support a wide range of commercial, housing, and cultural choices. All areas of the Urban Center are serviced by transit throughout the day and much of the area is within walking or bicycling distance. Significant in -fill opportunities exist with the highest residential, commercial, and employment densities expected. (Vision 2040) b. Regional Manufacturing/Industrial Centers Manuf etur:„g/Indu..._:-' Gent._., are major, existing regional employment areas of intensive, concentrated manufacturing and industrial land uses which cannot be easily mixed at higher densities with other incompatible uses. To preserve and maximize land at these centers for manufacturing, industry and related uses, large retail uses or non -related offices are discouraged. Provision of adequate public facilities and services, including good access to the region's transportation system, is very important to the success of manufacturing/industrial centers." (Vision 2040) 3. c. The following are other types of centers within Kitsap County: i. Town or City Centers are usually the existing downtown core of a city or Urban Growth Area. There is an abundant mix of shopping, service, employment, and cultural opportunities. Multifamily housing may be intermixed and single family housing may Proposed Revisions: Draft July 29. 2010 13 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 be within walking or bicycling distance. Infill should include mixed use and higher densities surrounding the Town Center. ii. Mixed Use Centers are a generic category that can be described in terms of neighborhoods or districts within a city or Urban Growth Area. The designation represents a commitment to planning for Center development, with a planned mix of housing, commercial, service and employment opportunities. Most shopping and commercial uses are within a short walking or bicycling distance of housing. There is a higher proportion of multi -family housing at relatively high densities. Navy facilities could be considered for this designation. iii. Activity and Employment Centers are areas of concentrated employment and are a magnet for significant numbers of people usually during daytime hours because of business and/or manufacturing activities. They may be located outside of Urban Growth Areas, consistent with the Growth Management Act. Industrial and business parks and Navy employment centers are in this category. Within Urban Growth Areas, the opportunity to include a proportional residential element should be determined on a case -by -case basis, considering the unique geography and economics of the area. iv. Transportation Hubs are locations of regional inter -modal connection that may be located outside of Urban Growth Areas. Examples are ferry terminals, the Bremerton National Airport, or certain transit stations. 3. Recognizing that communities evolve overtime, a iurisdiction may request of the Kitsap Regional Coordinating Council an initial designation or a change in center status. This request shall be considered and a decision made during the next Countywide Planning Policies amendment cycle. A change in center status may require action by the Puget Sound Regional Council. 4. rater:a for designating 1. eal ,. Mars should be d,.....1,.ped and .. or. mated tl.rOugh the Kitsap Regional Coordinating Cou In addition to meeting the applicable criteria above, a request for center designation or a change in center status should address the following s#euld 6e inoffl.- l: (See Appendix G) Current or programmed transportation resources (including roads, ferries, transit, airports, bicycle, pedestrian) Balance of living wage employment opportunities with residential Proximity and connectivity among jobs, housing, retail services Living wage is the minimum hourly wage needed to cover the costs of food, shelter, clothing, and other basic necessities. The assumption is that living wages vary across communities, based on differences in the cost of living. [Source: Economic Policy Institute] Types and density of residential uses Inclusion of affordable housing Provision of community gathering space, parks, and cultural opportunities Proposed Revisions: Draft July 29. 2010 14 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 ki Element D: Rural Land Uses and Development Patterns Rural areas of Kitsap County are characterized as having a variety of parcel sizes, with a diversity of land use activities. These areas also contain significant amounts of complex natural systems. It is a high priority to preserve and enhance the rural character of these areas. Counties are responsible for designating and regulating rural areas through the comprehensive planning process. However, rural preservation is a regional issue and it is important to coordinate these planning objectives with the Cities. Policies for Rural Land Uses and Development Patterns (R): 1. Preserving rural character and enhancing the natural environment. a. Preserve the character of identified rural areas by protecting and enhancing the natural environment, open spaces, and recreational opportunities, and scenic and historic areas. Snort suppefting small scale farming ,promote locally rgrown food, and forestry, and eco- tourism. Support and permitting low -density residential living and cluster development maintained b al le ei n f., c. ei4 Rural r. mite Aq ',eat that provides for a mix of housing types, rural levels of service, cultural activities, and employment that services the needs of rural areas at a size and scale that is compatible with long-term character, and productivity and use of these lands. b. This policy is not intended to preclude the future designation of Urban Growth Areas. 2. Preserving rural land use and development patterns: a. Rural Communities are already -existing residential and commercial areas of more intensive rural development designated in the Kitsap County Comprehensive Plan under RCW 36.70A.070.5. In -fill is expected. Rural Communities should be serviced by transportation providers and other services consistent with the Levels of Service adopted by Kitsap County for roads and by Kitsap Transit for transit upon their designation as an area of more intensive rural development. b. Transportation Hubs may be located within existing areas of more intensive development. Walking, bicycling, and transit are the major forms of travel. Transportation Hubs are locations of regional intermodal connection. Examples are ferry terminals and transit stations with convenience services. c. The County shall develop criteria consistent with the Growth Management Act for designating future industrial and commercial development outside of Urban Growth Areas that protect rural character while encouraging vehicle trip reduction. The criteria should allow for industrial resource -based land use and recreation and for convenience commercial that is scaled to serve the daily needs of rural residents. 3. Establishing and maintaining rural levels of service: a. Rural level -of -service standards shall address sewage disposal, water, transportation and other appropriate services. The standards shall be developed based upon levels of service typically delivered in rural areas consistent with RCW 36.70A.030 (16). b. For purpose of trip reduction, develop a range of alternative modes of transportation consistent with rural levels of service to connect Rural Communities with urban Centers. Proposed Revisions: Draft July 29. 2010 15 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 c. When sewers need to be extended to solve isolated health, environmental, and sanitation problems, they shall be designed for limited access so as not to increase the development potential of the surrounding rural area. 4. Conserving small-scale natural resource use in rural areas: a. Rural land use designations in the County's Comprehensive Plan should recognize ecological functions and support rural uses such as farming, forestry, mining, recreation, and other rural activities, and permit a variety of low -density residential uses which preserve rural character, and can be sustained by rural service levels. b. The County's Comprehensive Plan policies shall promote clustering residential development and other techniques to protect and enhance significant open spaces, natural resources, and critical areas for more e€fieienE effective use of the land. Clustering should not increase residential housing units in the overall area designated as rural, consistent with designated rural densities. Development clusters shall be designed, scaled and sited in a manner consistent with rural character and the provision of rural levels of service. c. The County's Comprehensive Plan policies shall support Rural Communities as locations of employment, a mix of housing types, and cultural activities for rural areas that primarily function as locations for service needs such as grocery stores, shopping, and community services, and small-scale cottage industries for the surrounding rural area. Proposed Revisions: Draft July 29. 2010 16 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 Element E. Countywide Strategies for Open Space Preservation, Resource Preservation, a" Critical Areas, Air Quality, and Water Quality/Quantity Open space is defined as land area consisting of natural systems, resource lands and critical areas that include building limitations for future development. These critical areas include wetlands, wildlife conservation areas, steep slopes, frequently flooded areas and areas with a critical recharging affect. These open space lands also include aesthetic functions such as view sheds of the water or ridgelines. Many of these natural systems are inter -connected and cross multi - jurisdictional boundaries within the County. The strategy is to conserve these areas and connect them to create a regional open space network to protect critical areas, conserve natural resources, and preserve lands and resources of countywide and local significance. This will enhance the quality of countywide water and soil resources, climate, and air. Policies for Open Space Preservation, Resource Protection, and Critical Areas. Air, and Water Ouality/Ouantity (PPCAA ft 1. Creating a regional network of open space: a. The County and the Cities shall implement the Kitsap County Open Space Plan and the Kitsap County Consolidated Greenway Plan which identify a countywide green space strategy that incorporates planning efforts of the County, Cities, state agencies, non-profit interest groups and land trusts in the County. b. The County and the Cities shall preserve and enhance, through inter jurisdictional planning, significant networks and linkages of open space, regional parks and public/private recreation areas, wildlife habitats, critical areas resource lands, water bodies and trails. c. The County and the Cities shall frame and separate urban areas by creating and preserving a permanent network of urban and rural open space, including parks, recreation areas, critical areas and resource lands. 2. Conserving and enhancing the County's natural resources, critical areas and environmental amenities while planning for and accommodating sustainable growth: .�ersee�nrref rs n!w�rf.. . b:a.The County and the Cities shall protect critical areas (wetlands, aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas, steep slopes, and geologically hazardous areas) and should consider other environmental amenities such as view corridors, canopy cover, and ridgelines. e.b. The County and the Cities shall establish and implement Best Management Practices to protect the long-term integrity of the natural environment, adjacent land use, and the productivity of resource lands. d.c.The County and the Cities shall establish procedures to preserve significant historic, visual and cultural resources including views, landmarks, archaeological sites, and areas of special locational character. Proposed Revisions: Draft July 29. 2010 17 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 e._d. The County and the Cities shall encourage the use of environmentally sensitive development practices to minimize the impacts of growth on the County's natural resource systems. e. The County and the Cities shall protect and enhance the public health and safety and the environment for all regional residents, reeardless ofsocial or economic status, by reducinr pollutants. ef. The County and the Cities shall work together to identify, protect, and restore networks of natural habitat areas and functions that cross jurisdictional boundaries. g. The County and Cities shall protect and enhance ecosystems that support Washington State's Priority Habitat and Species as identified by the Washington Department of Fish and Wildlife. 3. Protection of air quality is accomplished by reducing the levels of toxins, me particles, and greenhouse gases released into the environment, especially through transportation activities. a. The County and Cities, in their respective comprehensive plans, should include specific goals and policies to enhance air quality y reducing the release of toxins, one particles, and greenhouse eases. b. The County and Cities should adopt and implement purchasing policies/programs for vehicles/equipment that use clean e icient fuels. 4. Protection of water quality and quantity is accomplished by reducing the amount of toxins and pathogens in our water supply. a. The County and Cities should adopt policies in their Comprehensive Plans that reflect that surface and storm water and aquifer recharge areas should be treated as a resource. b. The County and Cities should continue to be models for low impact development and implementing such programs whenever practical. c. The County and Cities should develop and implement a program as funding allows and where feasible to retrofit infrastructure that was developed prior to the implementation of best practices in surface and storm water management Programs J. 5. Listed species recovery under the Endangered Species Act (ESA): a. The County and the Cities shall preserve, protect, and where possible, restore the functions of natural habitat to support ESA -listed species, through the adoption of comprehensive plan policies, critical area ordinances, shoreline master programs and other development regulations that seek to protect, maintain or restore aquatic ecosystems associated habitats and aquifer through the use of management zones, development regulations, incentives for voluntary efforts of private landowners and developers, land use classifications or designations, habitat acquisition programs or habitat restoration projects. Proposed Revisions: Draft July 29. 2010 18 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 b. The County and the Cities shall provide incentive -based non -regulatory protection efforts such as acquisition of priority habitats through fee -simple and conservation easements from willing sellers. c. The County and the Cities shall jointly establish and implement monitoring and evaluation program to determine the effectiveness of restoration, enhancement, and recovery strategies for salmon including ESA -listed species. Each jurisdiction shall apply an adaptive management strategy to determine how well the objectives of listed species recovery and critical habitat preservation/restoration are being achieved. 4. 6. Coordination of watershed and land use planning: a. The County and the Cities shall participate in a planning program that determines changes in stream hydrology and water quality under different land use scenarios at full build -out of designated land use classifications. b. The County and the Cities shall coordinate land use planning using watersheds or natural drainage basins to implement strategies for restoration of aquatic habitat and to reduce impacts to other natural systems and participate in efforts to improve the health of our waterways. c. Kitsap County shall coordinate and maintain a regional database of best available science for the purpose of modifying Critical Areas Ordinances, if funding is available. d. Upon adoption of a state classification system, the Cities and the County shall establish a single system for stream typing. Proposed Revisions: Draft July 29. 2010 19 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 M Element F. Contiguous, Compatible, and Orderly Development Upon designation of Urban Growth Areas, the County and Cities will need to develop consistent implementation measures to ensure that development occurs in an orderly and contiguous manner. The intent of the following countywide planning policies is to minimize differences in urban development regulations and standards between the County and the Cities and to facilitate the economical provision of urban services to development. Policies for Contiguous, Compatible, and Orderly Development (CCOD): 1. Encouragement of cooperative inter -jurisdictional planning by federal, tribal, state, local, and special purpose government: a. Inter jurisdictional discussion, information exchange, and coordination of proposals shall be initiated as early and expeditiously as possible by the responsible agencies, to aid in the smooth transition of eovernance. b. Initial inventories and analyses of utilities and public services information are critical to the planning process and shall be made available as early and expeditiously as possible by the responsible agencies. c. The Kitsap Regional Coordinating Council may establish or designate on -going technical committee(s) comprised of representatives from utilities and service providers to investigate long-range regional needs for various facilities and services, including but not limited to those for transportation, sewer and storm drainage, availability and delivery of potable water, solid waste, broadband, parks and recreation, and open space. d. The Countywide Planning Policies will further the implementation of Vision 2420 2040 and Destination 2030 Transportation 2040 as adopted by the Puget Sound Regional Council. 2. Inter -regional coordination of land use and transportation, environmental, and infrastructure planning: a. The County and the Cities shall participate in the Puget Sound Regional Council and the Peninsula Regional Transportation Planning Organization. b. Locally -generated data shall be provided to the Puget Sound Regional Council and the Peninsula Regional Transportation Planning Organization for use in their coordination of population forecasts, land use, and transportation. c. The planning proposals of these regional organizations shall be monitored and adjustments recommended to ensure that they accurately reflect local needs and plans. d. Recoimize and work with corridors that cross iurisdictional boundaries (including natural systems, and transportation and infrastructure systems) in community Planning development, and design. 3. Fiscal equity: a. It is recognized that fiscal disparities exist as a result of growth and changes in municipal boundaries. The Kitsap Regional Coordinating Council shall monitor the Revenue Sharing Inter -local Agreement among the County and Cities (shown as Appendix D) and seek additional ways to address fiscal disparities as they relate to promoting coordinated development and the implementation of the Growth Management Act. Proposed Revisions: Draft July 29. 2010 20 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 4. b. The County and the Cities shall work together to insure that all fees associated with development approval are based upon the real cost of service and act to encourage development within designated Urban Growth Areas. c. The Kitsap Regional Coordinating Council shall facilitate on -going regional discussion on revenue equity issues. strategies should promote orderly development that building and site design and transportation connectivity. In addition sustainable economic and environmental development techntques should be utilized to enhance the quality of life: a. Utilize desien strategies to ensure that changes in the built environment provide a continuous and orderly development. b. Encourage development that reflects unique local qualities and provides an economic benefit to the community. C. Design mixed use developments and local street patterns to improve the environment for overall mobility and accessibility to and within the development through multi -modal transportation options. d. Design oftransportation networks should fit within the context of the built and natural environment, enhancing the community, connectivity, and physical activitv in the area community wide and specificall iy n designated growth centers and high transit areas. e. Design schools, institutions and public facilities to be compatible with the surrounding community character and needs. f. Use sustainable building techniques (such as LEED. Low Impact Development, energK efficient fixtures, etc.) in the design and development of the built environment. g. Support urban design, historic preservation and arts to enhance quality of life. i. Promote solar, wind, tidal, wave generation. and other renewable energy generation where appropriate to serve the community. Proposed Revisions: Draft July 29. 2010 21 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 Element G. Siting Public Capital Facilities ofa Countywide or Statewide Naturee The Growth Management Act requires local governments to inventory existing capital facilities owned by public entities, to identify locations and to determine capacities to meet future demand for growth without decreasing levels of service. The Washington State Office of Financial Management is responsible for identifying and maintaining a list of essential state public facilities that are required or likely to be built within the next six years as required by the Growth Management Act. Counties and cities are also required to coordinate the siting of countywide and statewide capital facilities to mitigate potential adverse impacts from the location and development of these facilities. Policies for Sitina Public Capital Facilities (CF): 1. Identification of needed capital facilities: a. The County and the Cities shall each inventory their existing capital facilities and identify needed facility expansion and construction and provide that data to the Kitsap Regional Coordinating Council. b. The Kitsap Regional Coordinating Council shall develop and maintain a list of public capital facilities needed to serve Kitsap County as a whole, based upon the County and Cities' Comprehensive Plans, the Countywide Coordinated Water System Plan, and other appropriate system plans. These include, but are not limited to, solid and hazardous waste handling facilities and disposal sites, water and wastewater treatment facilities, regional water supply intertie facilities, eegienel education institutions, airports, local correctional facilities, in -patient facilities including hospitals and regional park and recreation facilities, and government buildings that serve Kitsap County as a whole, including those essential public facilities as defined in RCW 36.70A.200. 2. Location of capital and Public facilities: a. If primary population served by the facility is urban, the facility should be located in a City or UGA where feasible. 2-. 3. Establishing a process and review criteria for the siting of facilities that are of a countywide or statewide nature: a. When essential public facility as defined in RCW 36.70A.200 is proposed in Kitsap County, the Kitsap Regional Coordinating Council shall appoint a Facility Analysis and Site Evaluation Advisory Committee composed of citizen members selected by the member jurisdictions to represent a broad range of interest groups to evaluate proposed public facility siting. At a minimum this evaluation shall consider: i. The impacts created by existing facilities; ii. The potential for reshaping the economy, the environment and community character; iii. The development of specific siting criteria for the proposed project, giving priority consideration to siting within Designated Centers; iv. The identification, analysis and ranking of potential project sites; v. Measures to first minimize and second mitigate potential physical impacts including, but not limited to, those relating to land use, transportation, utilities, noise, odor and public safety; Proposed Revisions: Draft July 29. 2010 22 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 vi. Measures to first minimize and second mitigate potential fiscal impacts. b. Certain public capital facilities such as schools and libraries that generate substantial travel demand should be located first in Designated Centers or, if not feasible to do so, along or near major transportation corridors and public transportation routes. c. Some public capital facilities, such as those for waste handling, may be more appropriately located outside of Urban Growth Areas due to exceptional bulk or potentially dangerous or objectionable characteristics. Public facilities located beyond Urban Growth Areas should be self-contained or be served by urban governmental services in a manner that will not promote sprawl. Utility and service considerations must be incorporated into site planning and development. d. Uses shall adhere to local health district or state agency rules regarding commercial and industrial use of on -site sewage systems. e. The multiple use of corridors for major utilities, trails and transportation rights -of -way is encouraged. f. County and City comprehensive plans and development regulations shall not preclude the siting of essential public facilities. g. Public facilities shall not be located in designated resource lands, critical areas, or other areas where the siting of such facilities would be incompatible. 4. Air transportation facilities in Kitsap County: a. The Counties and the Cities shall recognize the importance of airports as essential public facilities and the preservation of access to the air transportation system. b. The County and the Cities shall ensure the safety of the community and airport users through compatible land use planning adjacent to airports and coordination of the airport with ground access. Examples would include not encouraging or supporting higher residential densities, schools, or hospitals near airports or airport approach corridors. c. The County and the Cities shall plan for heliports throughout Kitsap County for emergency use. Proposed Revisions: Draft July 29. 2010 23 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 Element H. Transportation The Growth Management Act requires that transportation planning be coordinated among local and state jurisdictions. The Growth Management Act further requires that transportation planning be coordinated with the land use elements of local comprehensive plans. Coordination of land use and transportation plans will allow Kitsap County and the Kitsap Cities to meet three inter -related transportation goals: o Serve Designated Centers to reduce sprawl, conserve land and make more efficient use of infrastructure, o Preserve the natural environment, including water, and air quality and climate, o Provide a balanced system for the efficient, cl safe movement of people, goods and services among Designated Centers within Kitsap County and the larger Puget Sound region. — The intent of the following policies is to define appropriate methods and strategies to achieve these goals through inter -regional and intra-regional coordination among transportation and land use planning agencies. For the purpose of this Policy, the following transportation facilities are of countywide significance: a. state and federal highways; b. major arterials; c. public transit facilities and services; d. non -motorized facilities connecting designated centers; e. marine transportation facilities (ferries, shipping); f. airports and heliports (passenger and/or freight); g. rail facilities (passenger and/or freight) The following facilities and system components should be included in the multi -modal network: a. roads, including major highways, arterials and collectors; b public transit, including bus, rail, and park & ride lots; c. non -motorized facilities; d. vehicle and public or private passenger only ferries; e. airports; f. parking facilities that support the multi -modal network; g. facilities related to transportation demand management; h. intelligent transportation systems (ITS). Policies for Transportation (T): 1. Strategies to optimize and manage the sae use of transportation facilities and services: a. The County and the Cities shall each emphasize the maintenance and preservation of their existing transportation network. b. Through the regular update of the Transportation Element of their Comprehensive Plan, the County and the Cities should each identify and prioritize operational and safety deficiencies, with the goal ofsubstantially reducing deaths and disabling injuries. c. The County and the Cities should utilize Transportation System Management strategies such as parking restrictions, traffic signal coordination, transit queue jumps (traffic signal Proposed Revisions: Draft July 29. 1010 24 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 modification equipment that allows busses to move ahead of other vehicles), ramp metering, striping non -motorized transportation facilities, traffic calming devices, and real time sensor adjustments for traffic signals. d. The County and the Cities should develop and implement access management regulations that provide standards for driveway spacing and delineation, and encourage the joint use of access points where practical. e. The County and the Cities shall actively seek opportunities to share facilities, expertise, and transportation resources, such as multiple use park & ride/parking lots or shared traffic signal maintenance responsibility. 2. Reducing the rate of growth in auto traffic, including the number of vehicle trips, the number of miles traveled, and the length of vehicle trips taken, for both commute and non -commute trips: a. The County and the Cities shall provide both infra -structure and policy incentives to increase the use of non- SOV modes of travel. The range of infrastructure incentives to encourage the use of non-SOV modes of travel could include the following: The State of Washington has taken steps to reduce greenhouse gas emissions and vehicle miles traveled. Not only does reducing the overall amount of travel produce benefits for improving air quality and curbing emissions related to climate change, it also lessens traffic congestion. Developing a transportation system that provides more opportunities for walking, bicycling, or using transit also creates more choices and options for people. • Provide public transit, including preferential treatments for transit, such as queue by-pass lanes (dedicated bus lanes that allow for transit queue jumps), traffic signal modifications, and safe, transit stops. • Provide integrated transfer points to facilitate seamless trips between transit and other modes of travel, particularly at ferry terminals, including park & ride lots, bike storage facilities, carpool/vanpool and transit advantages to ease ingress/egress, with proximity to actual connection points, and innovative transit - oriented development. • Provide non -recreational bicycle and pedestrian facilities, including safe neighborhood walking and biking routes to school. • During the development of all state, county, and city highway capacity improvement projects, consider the market for non-SOV travel, and the addition of High Occupancy Vehicle (HOV) lanes, park & ride lots, appropriate infrastructure for both bicycling and walking. ii. The range of policy incentives to encourage the use of non-SOV modes of travel could include the following: • Increased emphasis on the Commute Trip Reduction Program already in place (including ridesharing incentives), with Kitsap Transit designated as the lead agency, including program promotion and monitoring. Proposed Revisions: Draft July 29. 2010 25 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 0 • Managed parking demand at ferry terminals, employment, and retail centers to discourage SOV use through privileged parking for HOV users, fee structure and parking space allocations. • Encouraging telecommuting and home -based businesses as a viable work alternative. • Encouraging the shift of work and non -work trips to off-peak travel hours. • Congestion pricing. • Auto -restricted zones. • Promotion of driver awareness through educational efforts. d. The County and the Cities shall develop standards that address appropriate bicycle and pedestrian facilities for development of new streets and reconstruction of existing streets in Designated Centers and Rural Communities. e. In Designated Centers, the jurisdictions should complete missing vehicular and non - motorized links between key arterials to accommodate pedestrian and bicycle facilities, without compromising safety standards. f. The County and the Cities shall should develop eeerdinated bicycle and pedestrian systems plans, which should be coordinated eensistent across jurisdictional boundaries with particular consideration to providing safe routes for children to walk and to bike to school. g. Kitsap Transit shall review and comment on in eases of ....bsta„tial .eside„tial o eemmersial, development proposals where appropriate Kkgas TFFiHsit shall Feview an' to facilitate convenient use and operation of appropriate transit services. 3. Environmental impacts of transportation policies: a. Transportation improvements shall be located and constructed so as to discourage/minimize adverse impacts on water quality and other environmental features. b. The County, the Cities, and Kitsap Transit shall consider programming capital improvements and transportation facilities that alleviate and mitigate impacts „`� land use on air quality, greenhouse gas emissions and energy consumption, such as: high -occupancy vehicle lanes; public transit; vanpool/ carpool facilities; electric and other low emission vehicles including buses; bicycle and pedestrian facilities that are designed for functional transportation. c. The County and the Cities shall ensure environmental protection, water quality, and conformance with ESA requirements through best management practices throughout the life of the transportation facilities, including: i. Facility design, and in particular low impact development strategies for the collection and treatment of storm water and surface run-off. ii. Avoiding construction during the rainy season. iii. Regular and routine maintenance of systems. Proposed Revisions: Draft July 29. 2010 26 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 d. The County, the Cities, and Kitsap Transit should support Puget Sound Clean Air Agency public education about anti -pollution measures. 4. Recognizing that the County and the Cities each encompass a range of development and density patterns, each jurisdiction shall designate its Centers consistent with the criteria set forth in Element C of the Countywide Planning Policies. The following policies relate to planning guidelines to support transit and pedestrian travel appropriate to each type of urban and rural development or re -development: a. The County and the Cities shall each prepare development strategies for their Designated Centers that encourage focused mixed use development and mixed type housing to achieve densities and development patterns that support multi -modal transportation. b. In Urban Growth Areas, comprehensive plans should promote pedestrian- and transit - oriented development that includes access to alternative transportation and, in the interest of safety and convenience, includes features, such as lighting, pedestrian buffers, sidewalks, and access enhancements for physically challenged individuals. c. Rural Communities shall accommodate appropriate pedestrian/bicycle connections and transit service and facilities consistent with rural levels of service in order to minimize vehicle trips. 5. Transportation linkages between designated local and regional Centers: a. Regional corridors shall be designated for automobile, freight, transit, HOV facilities, rail, marine, bicycle, and pedestrian travel between centers as part of the countywide transportation plan. b. The transportation system linking Designated Centers within the county shall be transit - oriented and pedestrian and bicycle friendly. 6. Freight transportation: a. Preferred routes for the movement of freight shall be identified as part of the countywide transportation plan. b. The County and the Cities shall work to ensure that compatible land uses are applied along designated freight corridors; including, but not limited to, corridors for air, rail, road and marine traffic. c. The County and the Cities shall use appropriate roadway standards for designated freight corridors. 7. Transportation relationships with the Puget Sound Regional Council and the Peninsula Regional Transportation Planning Organization: a. The Countywide Planning Policies shall should support further the implementation of Ttenspe^W;eft-2430 adopted regional plans and policies. -as Regional Geuneih. b. The County and the Cities shall actively participate in the Puget Sound Regional Council and the Peninsula Regional Transportation Planning Organization (RTPO) to assure that transportation planning in the two regions is consistent and accurately reflects local needs related to identified regional system components. Proposed Revisions: Draft July 29. 2010 27 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 c. The Kitsap Regional Coordinating Council shall serve as the point of coordination to assure Puget Sound Regional Council and Peninsula RTPO planning programs are consistent and mutually beneficial to jurisdictions within Kitsap County. d. The Transportation Improvement Program (TIP) for Kitsap County shall continue to be a part of the regional TIP adopted by the Puget Sound Regional Council. Local review, comment and recommendations shall be coordinated through the Kitsap Regional Coordinating Council. 8. Identification of needed transportation related facilities and services within Kitsap County: a. The Puget Sound Regional Council and the Peninsula RTPO shall identify regional system components and related improvements within Kitsap County with the concurrence of the Kitsap Regional Coordinating Council. b. A countywide transportation plan developed by the Kitsap, Regional Coordinating Council shall be prepared pursuant to the Growth Management Act to identify countywide transportation facility and service needs. A technical committee including transit and local, regional, and state transportation providers shall be used in this process. 9. Coordination of intra-county transportation planning efforts: a. The Puget Sound Regional Council reviews Cities' and the County's Comprehensive plans for consistency of land use and transportation elements. b. The County and the Cities shall address compatibility between land use and transportation facilities by: i. Not using new road improvements to justify land use intensification. ii. Managing access on new transportation facilities outside Urban Growth Areas. iii. Allowing phased development of improvements including acquiring right of way. iv. Using comprehensive plans and development regulations to ensure that development does not create demands exceeding the capacity of the transportation system, such as: density limits in areas outside of Urban Growth Areas; concurrency management and adequate public facility regulation; integrated multi -modal and non -motorized networks. c. The County and the Cities shall work together in a coordinated, iterative process to periodically reassess whether regional land use and transportation goals can realistically be met. If transportation adequacy and concurrency cannot be met, the following actions should be considered: i. Adjust land use and/or level of service (LOS) standards. ii. Make full use of all feasible local option transportation revenues authorized but not yet implemented. iii. Work with Washington State Department of Transportation (including Washington State Ferries), Kitsap Transit, and the private sector to seek additional State transportation revenues, state and federal grants for infrastructure improvements, and Proposed Revisions: Draft July 29. 2010 28 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 local options to make system improvements necessary to accommodate projected population growth. d. Adjacent jurisdictions in Kitsap County shall develop consistent street classification system and street standards. e. Kitsap Regional Coordinating Council may establish a process for evaluating development impacts including those that may affect neighboring jurisdictions within the county. f. The Kitsap Regional Coordinating Council shall function to ensure that transportation planning, system management and improvements at local, regional, and state levels are coordinated, complementary, and consistent with adopted comprehensive land use plans. 10. Coordinated and consistent level of service (LOS) standards: a. The County and the Cities should develop comparable level of service standards among the County, Cities and the State of Washington for identified regional system components. b. The County and the Cities shall adopt roadway LOS standards. Urban growth management agreements shall designate level of service standards. c. The County and the Cities shall adopt transit LOS in the form of "Service Standards" adopted by the Kitsap Transit Board of Commissioners. The standards shall consider both frequency of service and bus capacity. d. Consistent with State law, the County and Cities shall recognize the Level of Service Standards for Highways of Statewide Significance, including principal arterial ferry routes, that have been adopted by the Washington State Transportation Commission, in their respective Comprehensive Plans. e. For State highways and facilities of regional significance, including the Southworth ferry route, the County and the Cities shall include the Level of Service Standards adopted for these routes by the Puget Sound Regional Council and the Peninsula RTPO in their respective Comprehensive Plans. f. On highways and streets which are subject to concurrency requirements, the County and the Cities shall each identify capacity deficiencies and either address them in terms of identified funding, adjust the LOS standard on a temporary basis, or place a temporary moratorium on development. g. On highways and streets which are subject to concurrency requirements, new development should not cause LOS to degrade to a level lower than the adopted standard, consistent with State law. Proposed Revisions: Draft July 29. 2010 29 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 Element I. Affordable Housing The Growth Management Act requires cities and counties to encourage the availability of housing that is affordable for all income levels at a variety of housing densities. Local jurisdictions are also encouraged to preserve existing housing resources in their communities, and to provide an adequate supply of housing with good access to employment centers to support iob creation and economic.erowth. The following definitions relate to the Countywide Planning Policies: Below Alarket Rate Housing shall mean housing intended for a full range oflaw -to middle ineeme households -incomes. These income levels are €u4Hev defined as follows (WAC 365.195): ■ Extremely low-income shall mean those households that have incomes that are at or below 30% of the countywide median. ■ Very low-income shall mean those households that have incomes that are within the range of 31 - 50% of the countywide median. ■ Low-income shall mean those households that have incomes that are within the range of 51 - 80% of the countywide median. ■ Moderate -income shall mean those households that have incomes that are within the range 81-95% of the countywide median. ■ Middle -income shall mean those households that have incomes that are within the range of 96-120% of the countywide median. • Unaer-income shall mean those households that have incomes above 120% of the countywide median. Policies for Affordable Housin¢(AH): 1. Coordinated process among County, Cities, and housing agencies for determining and fulfilling housing needs, and the equitable distribution of below --tea-lief rate affordable housing at all income levels in Kitsap County: a. The County and the Cities should inventory the existing housing stock consistent with the Growth Management Act synchronized with County and Cities' respective Comprehensive Plan Updates, and correlate with current population and economic conditions, past trends, and ten year population and employment forecasts, to determine short and long range housing needs, including rental and home ownership. Navy personnel housing policy should also be considered. Proposed Revisions: Draft July 29. 2010 30 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 b. Local housing inventories, projections, and equitable distribution strategies should be compiled, updated, and monitored under the coordination of the Kitsap Regional Coordinating Council to identify countywide conditions and projected needs. c. Sufficient land supply for housing including various housing tunes shall be identified and monitored through regular updates to the countywide Buildable Lands Analysis [see Element B-ILand Utilization and Monitoring Pro rgramsl. d. The County and the Cities should each identify specific policies and implementation strategies in their Comprehensive Plans and should enact implementing regulations to provide a mix of housing types and costs to achieve identified goals for fiffi-d- h-e-lov., market Fate housing at all income levels including good access to employment centers. 2. Recognizing that the market place makes adequate provision for those in the upper economic brackets, each jurisdiction should consider some combination of appropriately zoned land, regulatory incentives, financial subsidies, and innovative planning techniques to make adequate provisions for the needs of middle and lower income persons. (WAC 365.195-070.6) 3. Recognizing the percentage share of the existing and forecasted countywide population and housing stock and the distribution of existing housing below 120% countywide median. the County and the Cities should develop coordinated strategies to equitably -disperse projected eatmb, vide below market fate affordable housing needs throughout geographical Kitsap County in the Urban G_, . xth Areas and where they are specifically found to be appropriate in consideration of existing development patterns and densities. 4. Provision of belaw market rate affordable housing for households below 120% countywide income should include: a. Local comprehensive plan policies and development regulations shall encourage and not exclude belaw market rate a ordable housing at any income level. b. Rehousing strategies should include: i. preservation, rehabilitation and redevelopment of existing neighborhoods as appropriate, including programs to rehabilitate and/or energ ry etro-fit substandard housing; ii. provision for a range of housing types such as multi -family, single family, accessory dwelling units, cooperative housing, and manufactured housing on individual lots and in manufactured housing parks; iii. housing design and siting compatible with surrounding neighborhoods; iv. mechanisms to help people purchase their own housing, such as low interest loan programs, "self-help" housing, and consumer education. c. Each jurisdiction shall promote the development ofbelow madEet rate affordable housing in a dispersed pattern so as not to concentrate or geographically isolate low-income housing in a specific area or community. Proposed Revisions: Draft July 29. 2010 31 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 d. Below market FateA ordable housing should be located throughout Kitsap County in a manner to provide easy access to transportation, employment, and other services. Designated Centers should include hekiw FAAdEet fate affordable housing o to ions. Rural self- help housing programs should be encouraged either in or outside of designated Rural Communities. e. Housing policies and programs shall address the provision of diverse housing opportunities to accommodate the homeless, the elderly, physically or mentally challenged, and other segments of the population that have special needs. f. Innovative regulatory strategies shall be developed and implemented to provide incentives for the development of affordable housing within Designated Centers. Jurisdictions shall develop strategies which provide a wide range of opportunities for promoting the production of below market rate a ordable housing through means such as: reducing housing cost by subsidizing utility hook-up fees and rates, impact fees, and permit processing fees; density incentives; smaller lot sizes; zero lot line designs; inclusionary zoning techniques, such as requiring below market rate affordable housing for specified income levels in new residential developments; transfers of development rights and/or a priority permit review and approval process and/or other provisions as appro rp iate. g. Policies and regulations shall encourage the production off affordable housing for all income levels below 120% countywide median. The County and the Cities shall incorporate a regular review of public health, and safety, and development regulations pertaining to housing implementation strategies to assure that: i. protection of the public health and safety remains the primary purpose for housing standards ii. relations are streamlined and flexible to minimize additional costs to housing. h. The County and the Cities shall participate with housing authorities established to facilitate the production of helow FAaFliet Fate affordable, lower income housing. The County and the Cities shall also recognize and support other public and private not -for -profit housing agencies. Supporting housing agencies is encouraged through public land donations, guarantees, suitable design standards, tax incentives, fee waivers, providing access to funding sources and support for funding applications, or other provisions as appropriate. Proposed Revisions: Draft July 29. 2010 32 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 LI Element J. Countywide Economic Development Growth Management Act requires that general economic development policies be identified in the Countywide Planning Policies. Consistent with the goals of the Act, economic development planning must be coordinated with local comprehensive plans. The intent of the following policies is to encourage coordinated economic growth among all jurisdictions in Kitsap County and to add predictability and certainty to the private investment decision. Policies for Countvwide Economic Development (ED): 1. A general strategy for enhancing economic development and employment: a. The County and the Cities recognize that a healthy economy that provides living -ware employment, raises family income levels and provides opportunities for diverse segments of the community is important to the health of residents and quality of life in the county. Economic development should be balanced with environmental concerns and protect the quality of life. b. The County and the Cities recognize that the economy in Kitsap County is very dependent on the U.S. Navy and diversification is necessary. The County and the Cities shall collaborate with ports, tribes, and other special districts to encourage economic growth and diversification that is consistent with comprehensive plans and policies for land use, transportation, public transit, regional water supply, capital facilities, urban governmental services and environmental quality. c. Local governments are encouraged to utilize the Kitsap Economic Development Geuneil Alliance and its adopted plans,for countywide sustainable economic prosperity as a resource to provide advice on economic development needs, the potential for retaining and expanding existing industries, including the U.S. Dept. of Defense, and attracting new industries, especially those that would improve wage and salary levels, increase the variety of job opportunities, and utilize the resident labor force. d. The County and the Cities should cooperate / participate with the Puget Sound Regional Council's economic initiatives, including focus on identified industry clusters and clean Indus de.The County and the Cities recognize that widespread access to broadband capability will enhance economic development in Kitsap County. Local governments are encouraged to collaborate with the Kitsap Economic Development C-4movei Alliance (KEDA) to promote the expansion of telecommunications in Kitsap County and to coordinate telecommunications policy with regional and federal agencies, including public utility districts, Bonneville Power Administration, regional transportation planning organizations, and neighboring counties. e- f.Investments in our people, in particular efforts of educational institutions to improve and expand vocational and post -secondary education programs, should be supported to assure a highly skilled, technically trained resident work force. Proposed Revisions: Draft July 29. 2010 33 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 2. The role of government agencies in assuring coordinated, consistent efforts to promote economic vitality and equity throughout Kitsap County: a. The County and the Cities shall promote Urban Growth Areas and existing industrial sites as centers for employment. b. The County and the Cities shall encourage the full utilization/development of designated industrial and commercial areas. The County and the Cities shall promote revitalization within existing developed industrial and commercial areas to take advantage of the significant investments in existing buildings and infrastructure. c. The County and the Cities shall cooperate with tribes, ports, other special districts, and all economic development interests to identify the capital facility needs of designated industrial and commercial sites and investments to support economic development. d. The County and the Cities shall collaborate with tribes, ports, and other special districts to identify innovative development methods such as public and private partnerships and community development assistance financing to increase economic vitality. e. The County and the Cities shall collaborate with the KBE KEDA and the Ports to establish a common method to monitor the supply of designated commercial and industrial sites and to ensure adequate land supply for the expansion of existing enterprises and the establishment of new economic enterprises. The monitoring method shall indicate environmental constraints, infrastructure availability and capacity, and shall use the Kitsap County Geographic Information System and Land Capacity Analysis as a regional database for this information. f. The County and the Cities shall establish common infrastructure policy and standards, including telecommunications infrastructure. g. The County and the Cities shall collaborate with the KEDA to identify opportunities that favor local suppliers for Qoods and services. 3. The Kitsap Regional Coordinating Council shall coordinate the development of land supply monitoring methods, common infrastructure policy and standards, and other strategies among the County, the Cities, Tribes, Ports, and other special districts to encourage economic development in Kitsap County: a. The County and the Cities shall each establish and monitor a development review process that is timely, predictable, efficient, fair, and consistent. b. Where more than one jurisdiction is involved in planning and permitting a business development, the jurisdictions shall work collaboratively to provide consistent development regulations and permitting. c. The County and the Cities shall encourage small business enterprises and cottage industries, and allow appropriate and traditional home occupations as permitted by local regulations. Proposed Revisions: Draft July 29. 2010 34 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 Element K. An Analysis of the Fiscal Impact In order to preserve and maintain the community's quality of life and level of government services, jurisdictions are expected to fully evaluate their financial capacity to provide the full range of urban services (as described in Element B — 3[j]) within designated Urban Growth Areas. Policies for Analysis of Fiscal Impact (FI): 1. The Countywide Planning Policies recognize three opportunities for jurisdictions to consider and plan for urban -level infrastructure and services: a. During each jurisdiction's comprehensive plan amendments, through the Capital Facilities Plan, including sub -area plans, Urban Growth Area boundary changes, incorporations, partial dis-incorporations, proposed new fully contained communities and master planned resorts. b. At the point where a jurisdiction is comparing and analyzing geographic areas for possible expansion of its Urban Growth Area (as described in Element B — 3[j]). c. As part of the development of the Urban Growth Area Management Agreement (see Element B-4 [d] and Appendix C). These analyses and plans should identify infrastructure and service costs as well as the anticipated revenues to support them. 2. Special districts should be included in planning for the provision of urban level services in Urban Growth Areas and should include future population growth in their plans. 3. The Kitsap Regional Coordinating Council shall facilitate on -going regional discussion of infrastructure and service delivery strategies (see Element F-1 [c]) and revenue equity issues (see Element F-3 [c]). Proposed Revisions: Draft July 29. 2010 35 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 Element L. Coordination with Tribal Governments The Suquamish Tribe, the Port Gamble S'Klallam Tribe, and other federally recognized Indian tribes have reservations and/or trust resources within Kitsap County, Washington. These tribes are parties to treaties with the United States Government through which certain rights and privileges both on and off reservation were articulated and remain in effect. These tribes have authorities, responsibilities, interests and treaty rights within their respective reservation boundaries and Usual and Accustomed Areas. Since future growth and land use decisions in Kitsap County affect all governmental entities, governmental agencies must be well informed and continuously involved in regional and local planning. Policies for Coordination with Tribal Governments (CT): 1. Meaningful and substantial opportunities for early and continuous tribal government participation shall be incorporated into regional and local planning activities. 2. Local jurisdictions should work with the tribes to develop agreements that provide for discussion on comprehensive planning issues among governments and ensure that the tribes are consulted on issues within their interest. The parties will jointly determine the appropriate contents of the agreements and a schedule for completing them. 3. Tribal governments, federal agencies, and county and local governments are encouraged to coordinate plans among and between governments and agencies to address substantive areas of mutual interest especially where geographical areas overlay and promote complementary and cooperative efforts. 4. City and County governments are encouraged to include Tribal governments in joint comprehensive planning and development activities for areas within the Tribes' Usual and Accustomed areas. Activities include but are not limited to the establishment and revision of urban growth boundaries, distribution of forecasted population; regional transportation, capital facility, housing and utility plans; and policies that may affect natural and/or cultural resources. 5. All County, City, and Tribal government agencies shall be included in the normal public notice and comment procedures of other agencies and kept informed of matters of interest to them. 6. The County, the Cities, and Tribal governmental agencies are encouraged to keep one another informed about matters of local and regional interest by mutually agreeable means and schedule. Proposed Revisions: Draft July 29. 2010 36 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 Element M. Coordination with Federal Government including Navy The federal government has unique authorities, responsibilities, interests affecting land use and other activities. Since the impacts of future growth and development in Kitsap County affect all governmental entities, governmental agencies must be well informed and continuously involved in regional and local planning. Policies for Coordination with Federal Government (CF): 1. Meaningful and substantial opportunities for early and continuous federal government participation shall be incorporated into regional and local planning activities. 2. It is recognized that constitutional and statutory provisions may constrain federal government agencies from entering into local agreements and processes. However, when possible, the County, the Cities, and federal governments should establish intergovernmental cooperative agreements promoting coordination and involvement in activities that are of mutual interest. 3. Federal agencies and county and local governments are encouraged to coordinate plans among and between governments and agencies to make plans as consistent and compatible as possible for properties over which they have authority or activities they authorize and the adjacent areas affected. 4. Federal government agencies are encouraged to participate in City, County, and joint comprehensive planning and development activities that may affect them, including the establishment and revision of urban growth areas encompassing, adjacent to or within federally -owned lands; distribution of forecasted population; regional transportation, capital facility, housing and utility plans; and policies that may affect natural and/or cultural resources of interest. 5. The following policies relate to promoting coordination among the Cities, County, and the federal government including the Navy: a. All jurisdictions should promote planning that considers the impact of new growth to avoid the potential for encroachment on military readiness activities as described below when developing zoning ordinances or designating land uses affecting military facilities. Each jurisdiction and the Navy should coordinate to identify the types of development and areas of interest to the Navy, method of notice, and opportunities for comment. b. "Military readiness activities" mean all of the following: i. Training, support, and operations that prepare the men and women of the military and Naval ships and submarines for combat. ii. Operation, maintenance, and security of any military installation. iii. Testing of military equipment, vehicles, weapons, and sensors for proper operation or suitability for combat use. c. "Impacts" include but are not limited to: i. Aircraft, boat, and rail traffic. ii. Incompatible adjacent land uses. Proposed Revisions: Draft July 29. 2010 37 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 d. Through the Kitsap Regional Coordinating Council, jurisdictions should monitor issues that arise in implementing these policies, and should identify areas for improved coordination. 6. All County, City, and federal governmental agencies shall be included in the normal public notice and comment procedures of other agencies and kept informed of matters of interest to them. The County, the Cities, and federal governmental agencies are encouraged to keep one another informed of matters of local and regional interest by mutually agreeable means and schedule. Proposed Revisions: Draft July 29. 2010 38 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 Element N. Roles and Responsibilities The County, Cities, Tribal governments, and special districts are all involved in planning activities related to their statutory authority and responsibility. In addition to the responsibilities defined in previous countywide planning policies, this section further clarifies the planning roles and responsibilities of the Kitsap Regional Coordinating Council and member agencies. Policies for Roles and Responsibilities (RR): 1. The KITSAP REGIONAL COORDINATING COUNCIL was established by interlocal agreement (see Appendix E) to assure coordination, consensus, consistency, and compliance in the implementation of the Growth Management Act and comprehensive planning by County, city and tribal governments within Kitsap County. The Kitsap Regional Coordinating Council also provides a voice for all jurisdictions and opportunity for citizens and stakeholders to provide input to planning policies to be applied countywide. The interlocal agreement adopted by the County, the Cities and the Tribal governments declared that the Kitsap Regional Coordinating Council is necessary to maintain a regular intergovernmental communication network for all local and tribal governments within the county, facilitate compliance with the coordination and consistency requirements of the Growth Management Act, provide an effective vehicle to resolve conflict among and/or between jurisdictions with respect to urban growth boundaries or comprehensive plan consistency, and to build consensus on planning solutions for countywide growth management issues. The Kitsap Regional Coordinating Council shall: a. Submit agreed -upon recommendations on behalf of member jurisdictions to multi -county regional agencies and State government on proposed changes to multi -county regional plans, State plans, and laws. b. Provide a forum, as necessary, for achieving coordination in the development of local plans and resolving planning and plan implementation issues that are common among jurisdictions. c. Promote coordination and consistency among local plans and between local plans and the Countywide Planning Policies and the Growth Management Act to the extent necessary to achieve regional policies and objectives. Through the Kitsap Regional Coordinating Council forum, jurisdictions should establish a process to monitor and review individual comprehensive plans and associated implementation mechanisms to determine consistency with the Countywide Planning Policies. d. Serve as a forum for resolving disputes locally. The process shall not preclude appeals to the Central Puget Sound Growth Planning Hearings Board if the local process has been exhausted without resolution of the dispute. e. Promote coordination of educational programs and the dissemination of planning -related information of regional interest. f. Coordinate the review, revision and monitoring of the Countywide Planning Policies. g. Apply for grants and administer contracts relative to regional tasks and plans. Proposed Revisions: Draft July 29. 2010 39 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 h. Conduct the region -wide growth management planning consistent with these policies. i. Initiate and coordinate the development of other regional planning policies and implementation mechanisms that may improve the effectiveness of the comprehensive planning process. j. Define and implement procedures that assure opportunities for early and continuous public involvement in policy discussions facilitated by the Kitsap Regional Coordinating Council. 2. KITSAP COUNTY is the regional government within the county boundaries providing various services within unincorporated and incorporated areas as required and specified by law and by legal agreements. Kitsap County shall: a. Be responsible for the development, adoption and implementation of comprehensive plans and development regulations and the processing of land use permits for the unincorporated portions of the county. b. Be responsible for coordinating water quality planning in multi jurisdictional watersheds and for other environmental planning activities as agreed to by all affected and interested jurisdictions. c. Be responsible for coordinating the response on the listing for the federal Endangered Species Act in multi jurisdictional watersheds as agreed by all affected and interested jurisdictions. d. Be responsible for being a regional sewer provider to the unincorporated areas of Kitsap County as needed to improve water quality consistent with levels of service outlined in the County Comprehensive Plan. e. Maintain a geographic information system to serve as a regional planning data base. f. Execute Urban Growth Area Management Agreements with each city to address joint issues identified in the Countywide Planning Policies and other matters agreed to be of mutual interest. g. Define and implement procedures that assure opportunities for early and continuous public involvement throughout short and long range planning projects. 3. CITIES within Kitsap County provide a variety of services primarily to residents within their respective municipal boundaries. Cities shall: a. Provide urban governmental services as identified in the Growth Management Act (Chapter 36.70A RCW) and adopted urban growth management agreements. b. Be responsible for the development, adoption and implementation of comprehensive plans and development regulations and the processing of land use permits within the incorporated portion of the respective city. c. Participate with other agencies in multi jurisdictional planning activities including but not limited to environmental planning, e.g. water quality planning and coordinating the response on the listing for the Federal Endangered Species Act in multi -jurisdictional watersheds transportation planning, and growth management strategies. Proposed Revisions: Draft July 29. 2010 40 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 d. Execute a separate Urban Growth Area Management Agreement with Kitsap County to address joint issues identified in the Countywide Planning Policies and other matters agreed to be of mutual interest. e. Define and implement procedures that assure opportunities for early and continuous public involvement throughout short and long range planning projects. 4. SPECIAL DISTRICTS are governmental subdivisions of the county that are usually established to provide a defined scope of services. Special districts shall: a. Be responsible for service provision, capital facility planning and other activities as authorized by law and legal agreements. b. Coordinate capital planning and implementation strategies with local governments to assure consistency with comprehensive plan policies, the Countywide Planning Policies, and the WA State Growth Management Act, c. Participate in service provision identification required in each urban growth management agreement; d. Coordinate with other agencies as appropriate in multi jurisdictional planning activities; e. Provide technical assistance as appropriate to assist local governments in comprehensive plan development, adoption and implementation; f. Be Encouraged to enter irate cooperative agreements and consolidate when possible to formalize participation in local and regional processes; g. Define and implement procedures that assure opportunities for early and continuous public involvement throughout short and long range planning projects. h. Site and size facilities consistent with local plans. S. The County and Cities shall coordinate with the County Department of Emergency Management to ensure system integrity and coordinated response in the event of disasters and other emergencies. Proposed Revisions: Draft July 29. 2010 41 Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 =7 y� C C O 'N 'I''4 OSi U I U I p ow U V tma Hw ocn o �UYvzo.o O I •m I v C C U 'FO v U v F •� �•• cl 7 I o o I • • u ` M • • Appendix 13: Population Distribution 2001 2025 2010-2030 Population Distribution 2005 through 2025 2000 Population + New Population = Total Total 0 in 20252030 Bremerton Ci 37,259 14,759 52,017 East UGA' 5,412 2,210 7,622 West UGA' 3,229 2,017 5,246 Gorst UGA' 154 73 227 SKIA 1 68 - 68 0 Bainbridge Island City 3 20,308 8,352 28,660 Poulsbo City2 6,813 3,739 10,552 UGA 2 901 3 355 4,256 Port Orchard City 2 5 8,934 11,624 20,558 UGA 11,570 9,709 21,279 Central Kitsap UGA 1 21,743 8,733 30,476 Silverdale UGA 15,276 8,069 23,335 Kingston UGA 3 1,871 3,135 5,006 UGA Population 133,537 58% 75,697 76% 209,234 63% Non-UGA Population 98,432 42% 23,905 24% 122,337 37% Total County Population 231,969 99,602 331,571 OFM Projection through: 2025 2030 Low 268,573 245,397 Intermediate 331571 314,610 High 412,391 396,879 ' Based on PSRC Model 2 Based on City and/or County Comprehensive or Sub -area planning 3 Target to be substantiated by further analysis and/or Sub -area planning ° Office of Financial Management official estimate 5 Includes South Kitsap annexed McCormick Woods area Kitsap County Historical Growth Notes: US Census When 2010 Census data is available in 2011, this chart will be updated; then, determine if there are any impacts to this distribution. 84,176 101,732 P21 147,152 189,731 231,969 247,600 2010 n/a Population distribution will be reviewed through the Kitsap Regional Coordinating Council process every five years. The review will include an analysis of the Cities' and County's progress in achieving target distributions. If the 76% UGA target mentioned above for new population growth and the overall population targets are met or exceeded, the target for new population will revert to five sixths (83%), as per the revised County- wide Planning Policies adopted by Kitsap County Ordinance #258-01 on August 20, 2001. Otherwise, the target may be reaffirmed or explicitly modified. Revisions: Kitsap County Ordinance 403-2007 November 19, 2007 n Appendix C: Urban Growth Area Management Agreements The intent of the Urban Growth Area Management Agreement is to facilitate and encourage annexation and/or incorporation of urban areas over the 20 year planning period and to ensure compatibility of development within the unincorporated Urban Growth Area. Each Urban Growth Area Management Agreement shall: 1. Describe the goals and procedures of the joint planning process including roles and responsibilities for the unincorporated Urban Growth Area, with the goal of having compatible City and County plans, zoning, and development regulations. The following provisions should apply to the entire Urban Growth Area associated with the City unless mutually agreed otherwise by the City and County: a. The City's zoning code, densities, and development, sub -division, environmental, and construction standards. b. The City's Levels of Service. c. The Comprehensive Plan of the City should reflect land use planning for the entire Urban Growth Area. 2. Identify responsibility and mechanisms for comprehensive plan amendments, zoning changes and development applications within unincorporated Urban Growth Areas. Significant weight should be given to City preferences. 3. Identify services to be provided in the Urban Growth Area, the responsible service purveyors, and the terms under which the services shall be provided, including: Fire Storm Water Solid Waste Police Potable Water Park & Recreation Facilities Transportation Sewer Schools Utilities: Power and Telecommunications, including broadband where available EMS All service providers, including special districts, and adjacent jurisdictions should be included in Urban Growth Area planning. 4. Reference the adopted Revenue Sharing Inter -local Agreement, as appropriate (see Appendix D). 5. Develop pre -annexation plans, which shall include: a. Conditioning City service extensions upon actual annexation for properties contiguous to the City boundary or to agreements of no protest to future annexation for properties not contiguous. b. Offering pre -annexation agreements to property owners interested in annexation and needing assurances from the City about services, planning, or other issues. c. Plans for tiering and/or phasing of infrastructure development, appropriate to the individual Urban Growth Area. d. City priorities for City -led annexation efforts, as appropriate. 6. Describe the development and implementation of a public involvement program that identifies roles and responsibilities for respective jurisdictions, including actions and timeline. 7. Be reflected in County and City Comprehensive plans. Proposed Revisions: Draft July 29. 2010 c Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 Appendix D Interlocal Agreement Between Kitsap County and the City of Bainbridge Island, City of Bremerton, City of Port Orchard and City of Poulsbo Concerning Revenue Sharing Upon Annexation and In Conjunction With Major Land Use Decisions Within a City's Urban Growth Area (adopted by all parties in November -December, 2001) This Agreement, made pursuant to Chapter 39.34 RCW, is between KITSAP COUNTY (hereinafter, the County), a political subdivision of the State of Washington, and the CITY OF BAINBRIDGE ISLAND, the CITY OF BREMERTON, the CITY OF PORT ORCHARD, and the CITY OF POULSBO, (hereinafter, the Cities), municipal subdivisions of the State of Washington. WHEREAS, through the Kitsap Regional Coordinating Council, the County and the Cities have worked together constructively on revenue sharing issues that in the past have been adversarial; and WHEREAS, the County and Cities sought a balanced set of revenue sharing provisions that would benefit both the County and the Cities and support the orderly evolution of logical land use patterns and jurisdictional boundaries; and WHEREAS, the County and Cities reached accord on a set of Principles of Agreement for Revenue Sharing in Annexations and in Major Land Use Decisions; and WHEREAS, the County and Cities desire to implement the Principles of Agreement through an interlocal agreement; NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions contained herein, the parties agree as follows: SECTION 1 ANNEXATIONS The purpose of this section is to provide a framework for logical and orderly annexations that are consistent with the Growth Management Act, Chapter 36.70A RCW (hereinafter GMA), and to mitigate the fiscal impact to the County of annexations initiated after the effective date of this agreement. 1.1 The Cities each confirm their willingness to eventually annex all land within their designated Urban Growth Area (hereinafter UGA) boundaries. 1.2 Each City shall encourage annexation of all lands equally, and will support logical and coordinated annexations, consistent with the intent of the GMA. 1.3 As part of the Kitsap Regional Coordinating Council's 2002 Work Program, the County and Cities will continue to address coordinated development within the UGAs, including infrastructure standards and funding. 1.4 Before the County constructs a major infrastructure improvement within a City's designated UGA, the County and the City will negotiate and execute an interlocal agreement that specifies the level at which the City shall reimburse the County for a portion of its investment in the infrastructure improvement if the area where the improvement is to be located is annexed within a specified period of time. 1.5 The County and the Cities anticipate that each specific proposed annexation will require negotiation of other issues particular to its time, place and geography. The Cities and the Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 County commit to completing these negotiations and executing an interlocal agreement on such issues in a timely manner. 1.6 As part of this agreement, the County will not oppose annexations within that City's designated UGA or invite the Boundary Review Board to invoke jurisdiction. 1.7 The Cities agree to share with the County revenue lost to the County and gained by the annexing City as follows: A. Revenue sharing payments shall be based on the following three sources of revenue: 1. The County's portion of the local retail sales tax levied under Chapter 82.14 RCW. 2. The ad valorem property tax levied by the County pursuant to RCW 36.82.040 for establishment and maintenance of county transportation systems. 3. The admission tax levied by the County pursuant to Chapter 36.38 RCW. B. For purposes of this Section, "lost revenue" means an amount computed as follows: The combined total of the County's collections from all three sources within the annexation area during the calendar year preceding annexation minus The combined total of the County's collections from all three sources within the annexation area during the first full calendar year following annexation. C. The amount of the payment from the City to the County will be based on a three-year "soft landing" approach as follows: 1. The Year l payment will be equal to 75% of the County's lost revenue. 2. The Year 2 payment will be equal to 50% of the County's lost revenue. 3. The Year 3 payment will be equal to 25% of the County's lost revenue. D. The calculation of lost revenue pursuant to subsection B of this Section requires revenue data for one full year following annexation. Therefore, the County shall initiate a request for payment under this Section by written notice to the annexing City within two years of the effective date of the annexation. SECTION 2 MAJOR LAND USE ACTIONS The purpose of this section is to recognize that retail development near jurisdictional boundaries has an impact on neighboring jurisdictions and, in particular, on existing businesses and the demand for public services and facilities. This Section is designed to mitigate these impacts by providing that sales tax revenues from new major business development within a City's designated UGA, or from the relocation of an existing major business from a City to a location within the City's designated UGA, will be shared with the affected City. Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 2.1 For purposes of this Agreement, "major land use" means: A. A new development within a City's designated UGA that houses any single retail tenant greater than 40,000 square feet. B. The expansion of an existing retail business within the City's designated UGA if the expansion is greater than 40,000 square feet. C. A retail business greater than 25,000 square feet that is relocated from a City to the City's designated UGA. Or D. An automobile, truck, recreational vehicle, manufactured or mobile home, or boat dealership, regardless of the size of the building permitted, that is newly located within a City's designated UGA, or relocated from a City to the City's designated UGA. 2.2 The County agrees to share with the affected City revenue lost to the City and gained by the County due to a major land use, as follows: A. Revenue sharing payments will be required only for local retail sales tax revenues generated from major land uses. Because there are limitations, related to confidentiality, on using a figure based on actual sales tax collections from the new or relocated business, the revenue sharing payment will be based on estimated sales tax revenues derived by using industry standards, such as the Washington State Department of Revenue or the Urban Land Institute, for taxable retail sales per square foot for businesses. B. For purposes of this Section, "lost revenue" means an amount computed as follows: Total gross enclosed building square footage of the major land use x Industry standard annual average retail sales per square foot for category of business that most closely resembles the major land use x Tax rate levied under Chapter 82.14 RCW for the first full calendar year following the date on which the County issues a certificate of occupancy for the major land use. C. The County will make revenue sharing payments for the first full three years after the major land use receives a certificate of occupancy. D. The revenue sharing payment from the County to the affected City will be calculated according to the following formulas: For the relocation of a major retail business from a City to the City's designated UGA: a. The Year 1 payment will be equal to 75% of the City's lost revenue; b. The Year 2 payment will be equal to 50% of the City's lost revenue; and c. The Year 3 payment will be equal to 25% of the City's lost revenue. Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 2. For new development within a City's designated UGA that houses any single retail tenant greater than 40,000 square feet, the payment amount will be 50% of the City's estimated lost revenue each year for the first three years. F. The calculation of lost revenue pursuant to subsection B of this Section requires revenue data for one full year following issuance of a certificate of occupancy. Therefore, the affected City shall initiate a request for payment under this Section by written notice to the County within two years of the date the major land use receives the County's permission to occupy the building. SECTION 3 MISCELLANEOUS 3.1 Duration. This Agreement will remain in effect until the terms of the Agreement are fulfilled. There is no other term agreed to by the parties 3.2 Reevaluation. Any City or the County may request immediate reevaluation of this Agreement by the Kitsap Regional Coordinating Council Revenue Sharing Policy Committee. If the reevaluation fails to yield a resolution satisfactory to the requesting party within six months from the date the request for reevaluation was made, the requesting party may initiate the process for termination provided in this Agreement. 3.3 Termination. After completion of the Reevaluation process required by this Agreement, a party may terminate this Agreement by 12 months' written notice to the other parties. Termination does not extinguish the obligations of the terminating party under this Agreement for annexations initiated, or major land uses for which an application is filed, prior to the effective date of termination. 3.4 Filing. When fully executed, this Agreement shall be filed with the Kitsap County Auditor. 3.5 Notices. Any notices required by this Agreement shall be delivered, or mailed postage prepaid, and addressed to: Kitsap County City of Bainbridge Island City of Bremerton Clerk to the Board City Clerk City Clerk Office of the Kitsap County City of Bainbridge Island City of Bremerton Board of Commissioners 280 Madison Avenue N. 345 61h Street, Suite 600 614 Division Street Bainbridge Island, WA 98110 Bremerton, WA 98337 Mailstop 4 Port Orchard, WA 98366 City of Port Orchard City of Poulsbo Kitsap Regional Coordinating Council City Clerk Mayor Chair City of Port Orchard City of Poulsbo Kitsap Regional Coordinating Council 216 Prospect Street 19050 Jensen Way NE P.O. Box 1934 Port Orchard, WA 98366 P.O. Box 98 Kingston, WA 98346 Poulsbo, WA 98370 3.6 Administration. As this Agreement contemplates no joint or cooperative undertaking, each party shall administer the Agreement as to its own responsibilities under the Agreement. The Kitsap Regional Coordinating Council shall oversee the revenue sharing process provided for in this Agreement. Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 3.7 Reporting. The County and the Cities shall report to the Kitsap Regional Coordinating Council at the start of each calendar year any payments made or received by the reporting jurisdiction pursuant to this Agreement during the preceding calendar year. 3.8 Waiver. The failure by the County or any City to enforce any term or condition of this Agreement shall not be construed to constitute a waiver of any other term or condition, or of any subsequent breach of any provision, of this Agreement. 3.9 Entire Agreement. This Agreement includes the entire agreement of the parties with respect to any matter addressed in this Agreement 3.10 Amendment. This Agreement may be amended only upon the written agreement of the parties made with the same formalities as those required for its original execution. 3.11. Countywide Planning Policy. To the extent that anything in this Agreement may be found to be inconsistent with any part of the Kitsap County -wide Planning Policy, the County and City in 2002 will review the applicable parts of the County -wide Planning Policy and revise them in accordance with this Agreement. 3.12 Review. The County and the Cities shall review this Agreement within the Kitsap Regional Coordinating Council in December of 2003, and every five years thereafter. 3.13 Effective Date. This Agreement shall take effect retroactively to September 4, 2001, as this date has been expressly agreed upon by all the parties. Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 Appendix E: Interlocal Agreement Establishing the Adopted by Kitsap County Kitsap Regional Coordinating Council and all four cities 3/21-6/20/01 THIS AGREEMENT is made and entered into by and between the undersigned members of the Kitsap Regional Coordinating Council, pursuant to provisions of the Inter -local Cooperation Act of 1967, Chapter 39.34 RCW. WHEREAS, the undersigned members recognize the need and desirability to participate in a forum for intergovernmental coordination, cooperation, and consultation among member agencies in order to bring about a continuous and comprehensive regional planning process and efficient service delivery; and WHEREAS, the undersigned members desire jointly to undertake continuous cooperative regional development, land use, housing, capital facility, service, and transportation planning; and WHEREAS, it is the belief of the undersigned members that regional deliberations, planning, and review should be accomplished whenever possible by all jurisdictions affected and should receive policy direction from all local general purpose and tribal governments; THEREFORE, in consideration of mutual promises and covenants herein it is hereby agreed: 1. DEFINITIONS: For the purpose of this Inter -local Agreement and all other agreements, contracts, and documents executed, adopted, or approved pursuant to this agreement, the following terms have the meaning prescribed to them in this section unless the context of their use dictates otherwise: a. "Member agency" means any public body which is a party or becomes a party to this inter -local agreement and is a County, City, or federally -recognized Tribal government within the region; b. "State" means the State of Washington; c. "Region" means the territory physically lying within the boundaries of Kitsap County; d. "Council" means the body of local and tribal elected officials designated in accord with the By-laws of the Kitsap Regional Coordinating Council to represent member agencies to carry out all delegated powers and managerial and administrative responsibilities of the Kitsap Regional Coordinating Council; e. "Majority vote" means more than one-half of the votes cast when a quorum is present and must include a majority of votes from County representatives and a majority of votes from the representatives of at least two separate cities. 2. ORGANIZATION — COMPOSITION AND NATURE: The undersigned member agencies constitute the Council: Kitsap County, City of Bainbridge Island, City of Bremerton, City of Port Orchard, City of Poulsbo, the Port Gamble S'Klallam Tribe and the Suquamish Tribe. Management of the Council is structured as provided herein and by the Council Bylaws. Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 3. AUTHORITY AND PURPOSES: The Council has the following authorities and purposes: a. To provide a regional forum for deliberations and cooperative decision -making by the region's elected officials in order to bring about a continuous and comprehensive planning process. b. To foster cooperation and mediate differences among governments throughout the region. c. To coordinate actions to provide for a sustainable economy and environment for the region. d. To carry out such other planning and coordinating activities authorized by majority vote of the Council including participation in other forums and organizations. e. To provide for administrative services necessary and incidental to the aforementioned Council activities. 4. FINANCING: The Council receives funds from each member agency as provided by the Bylaws and from other available funding sources. The Council may apply for funding of any nature as may become available to assist the Council in carrying out its purposes and functions. FISCAL, YEAR AND BUDGET: The fiscal year coincides with the calendar year. The Council adopts an annual work program and budget in advance of each fiscal year that identifies anticipated activities, goals, revenues, and expenditures for completing the work program. A draft work program and budget is prepared by the Executive Committee established by the By-laws of the Council and is submitted for consideration and approval by the full Council. After the Council has approved the final budget it is forwarded to the County for inclusion as a distinct agency fund within the Kitsap County Budget. No increase or decrease to the final budget shall occur without the approval of the Council. 6. WITHDRAWAL FROM AGREEMENT: Any member agency has the right to withdraw from this Inter -local Agreement by giving the Council six (6) months prior written notice. Unless otherwise provided by future agreement, any member agency that withdraws shall remain responsible for its financial and other obligations with regard to Council activities until the effective date of withdrawal and with regard to agreements to which the Council is a party and which exist at the time of such notice of withdrawal. Withdrawal by one member agency to this Inter -local Agreement shall not terminate the agreement as to any other remaining member agencies. DISPOSAL OF ASSETS: Upon termination of this agreement any Council assets, after payment of all liabilities, costs, expenses, and charges validly incurred under this agreement, shall be distributed to all contributing member agencies in proportion to their contribution determined at the time of termination. The debts, liabilities, and obligations of the Council shall not constitute a debt, liability, or obligation of any member agency. Adopted by Kitsap County Ordinance 403-2007 November 19, 2007 C. 5 0 a � x = c 0000000 0 0 0 0 0 0 0 000 0 0 0o o ssz'a0 p p p p p p p v v 0 O p sssss L . vUc00 E E E E qU{`1JAaCo�vdLj�+1yI. v v 00 v v O O O O C v C v L C CYY UV U U NvvKp o 0(k kk X ( K K K K k k 0 FQo0L F � v C O_ y C v N Y � � = v U v U U U � c E � L L Y U 'U � c 0 N ci O L �? c Q •- � v U is `i' a o 0 A c v E W= U d U v V v o v U c Z F G o -E U os o U a w °c o s o X oL1 os0 g oss d w E U Ll t'a'� o.nsLs z 8 0 F U= ^n °) W .9 o z v '{ v. 2 z Z = W c z g z U o 0 Fo o N = o 3 3 3 EC =fib = d= E5 x0 QE3r xza a_> uz 3caaa� _=has wo UFO x C A _ •�O% 'm3cfd ;moc1C :mocN vmfcd vmfcE c c= CQ U0 mUtEmL mCE.0. mCEm4 mtEm4 mCmL mCvL mCEm4 mEmL mCEvL 0 g. Fro.. 0 000 0 0 0 0 0 0 0 0 0 0 0 0 iouo kcN UmCE.0. UUU U U UU U U U U UUUU U0 XEE b ii A o� 0 U O O U 5 V Y b v ucq �'v, 'y v 'O v •O d 'O d v C ro O 9 b z z w ro N //aOi yy O O O W W T a Q 14G, y 4 .y C7 U 00 y ma rr O. C p N G 'y O V z N ro R! x _y x o Q o 0 E y � c v U'onv U % o o a 0. 8 a�.4 ] 4•• F� W F uc.. � .a S a a W I James Weaver From: Doug Skrobut [doug@mccormickwoods.coml Sent: Wednesday, June 09, 2010 9:49 AM To: James Weaver Cc: 'McKernan, Mike'; 'Bob Johns'; Tom A. Bonsell Subject: Potential Donation of Property from GEM LLC to City of Port Orchard James; I am writing in response to your letter of June 3, 2010, addressed to me regarding the McConnick Village Park. GEM LLC is willing to discuss further the potential donation of the property east of "Campus Parkway" and west of Anderson Creek. We agree that it would be beneficial to begin discussion given the pending preliminary plat and the on going planning for the park. Our initial, preliminary, thoughts are outlined below: • The property would be deeded by GEM 1 LLC to the City upon successful conclusion of the discussions. • GEM1 LLC would retain certain rights to the property, such as the ability to construct the storm water improvements shown on the pending preliminary plat, the ability to make necessary cuts and fills related to the future roadway, etc. • The City would be the responsible for maintaining the storm water improvements to be located on property. • Any improvements constructed on the property would be subject to the City's parking code requirements (to protect against future park users from using parking within the future commercial center). I look forward to continuing our discussions on this topic. Sincerely, Doug Skrobut McCormick Land Company 4978 SW Lake Flora Road Port Orchard, WA 98367 360-876-3395 ext. 220 Fax: 360-876-3511 a g3iE g 'j8! j! '� i� i• �i ! � r � dl � 4 g� a Y LU pIt Z fag �yi��f.8j�; g rU Y _ U G � 00 LL U w 2 QLL 0 O J F gz H W Z z W0 p d a o f it 3 \ IP S r I ;; .... L� CITY OF PORT ORCHARD Planning Department 216 Prospect Street, Port Orchard, WA 98366 Phone:(36o) 876-4991• FOX (36o)876-4980 planiiiiig@cityofportoreliard.us w .cityofportorchard.us June 3, 2010 Doug Skrobut GEMI LLC 4978 Lake Flores Road Port Orchard, WA 98367 Subject: McCormick Village Park Dear Mr. Skrobut, Thank you for considering this letter. The city of Port Orchard in conjunction with the citizens and area residents are diligently working to develop a Park Master Plan for the McCormick Village regional park site. The City and the consultant team is in the process of conducting sub -committee meetings and public outreach to garner support for a park design that meets the needs and desires of the McCormick Woods community and Port Orchard residents. It is felt this regional park will be an incredible benefit for the surrounding community and much of that activity has been documented on the Part Orchard City Website: http://www.cityofportorchard.us/mccorrnickvillageparkplan In studying the park site and surrounding properties, it has come to our attention that the area east of Campus Parkway and west of Anderson Creek, currently zoned Greenbelt and constrained by steep, slopes, wetland and stream buffers, might be beneficial for all parties as parkland. A map has been provided with the property in question. The described property has been identified for the ability to provide direct access from your developments and the roadway to the public park property and simultaneously, provide increased value to the park. The area would allow for an expanded public amenity, more advanced & complex trail system, opportunity for public or non-profit recreation uses such as a YMCA/Boys & Girls Club or similar, increased public parking opportunities, and higher visibility for the regional park directly adjacent to the most dense retail, employment, and residential areas of development within McCormick Woods. It is the City's hope that the activity center of McCormick Village, developed by your company would provide an activity level that would coexist with and benefit the adjacent public park, increasing attendance and activity at both locations in a symbiotic relationship. The city is requesting McCormick Land Company and GEM1 LLC for the ability and authorization to utilize the existing McCormick Village Park consultants and design team to include the area in question for preparing proposed conceptual park planning alternatives. This would provide the ability to utilize the existing City resources for Park Planning, and have a plan in place in the eventuality that the areas were to be dedicated to the public. In addition, if deemed acceptable by GEM1, the City would like to request the beginning of dialogue regarding the potential donation of the described area to the public for inclusion as a component of the McCormick Village Park. With the timing of the pending McCormick North Phase III master plan/plat, currently under review with the City, it was identified that it may be beneficial to begin discussions now regarding the potential aspect of property donation or potential alternative uses as part of the project review. The City believes that together, the combination of the McCormick Village Park and the successful development of the McCormick Village retail, residential, and employment centers will significantly benefit each other as they are seen as a natural focal point and activity centers of the entire community. I look forward to your response regarding this matter and thank you for considering this letter and the request. Respectfully, James R. Weaver City Development Director Cc: Tom Bonsell, City of Port Orchard Project Manager & Associate Planner Encl: Map of area in question T alormwater settlement �♦ pone weir constructed wellantl--, 113 mile running track i i i ' 1 l � 1 i outfall--� '- f . parking (10) '1 I � �I entryi ' s♦rspension I i bridge i ar/ entry r J o nature r fitness a ! f ....... path Future Site of ��� r /;r [• �'' commercial/Office/ �j ' , In dust rlal Park - Development - I lei Yf i mile main loop ' 9^ O. ,� • fitness ' r stalioh� entry 1Gentry ¢�0 hit% eture ` q _ } .` round sc Ul Plu re Legend / ,playground. 11 —Main Path pl rtic,shelt r •^^•Nature Trail If resftoo [� ` ■ Proposed j fut Ile lore. pa[ my, <I r Structure ddddt }�1 qoBoar"alk or Observation Deck I is Interpretive f 1 I., t v Opportunities ' r _ • Fitness Station , r _ SculpturelAe entry sign _ .�enlrY '_ .. DRAFT 05/13/10 DEVELOPMENT AGREEMENT McCormick North Phase III THIS DEVELOPMENT AGREEMENT (" of Port Orchard, a Washington municipal corp Washington limited liability company ("GEM 1"). A. GEM 1 is the owner and Preliminary Plat, which is a portion ofp. McCormick North development is getto of Anderson Hill Road. The Mpo McCormick North III are shown i-I of McCormick North Phase III is attar B. The was annexed into tl into between the City Lnd GEM I LLC, a North III Master Plan and as McCormick North. The 0 of Old CliRon Road, west ion of that area known as X A, The legal description McCormick North Phase III C. Pnot to llrtjtlt it qb yKitsap County's approval of a Master Plan and Developmea.A ` t tl fol St6il6&atef affic, and Parks and Open Space, which regulate devooprunt of j q �CIIrM lts_ UX �k iiients in the Urban Growth Area, including McCpokjtirth Iri',,addttiotLM oKitsap County approval of a Master Plan for MccCormick North Phases 1 and II, and additional applopment of McCormick North. Collectively, these approVAlg and dgreerpettfa esttihlished:2 comprehensive development plan for GEM 1's urban orones: itieludine IvICCotmicI orfh and McCormick North Phase III. D. for'of" dtm6ation, GEM I submitted applications for the McCormick North Phase III Master 11ai%hd a' Preliminary Plat application for McCormick North Phase III to Kitsap County K[tp f"unty Project Numbers 09 65893 and 09 74595. Kitsap County issued a Notice of Complete "I pplication for the McCormick North Phase III Master Plan on March 13, 2009 and a Notice of Complete Application for the McCormick North Phase III Preliminary Plat on June 16, 2009. E. The City and Kitsap County have different processes for the approval of applications for developments like McCormick North Phase III. The City and County also have Page I of 12 similar, but slightly different, substantive standards for the development of projects like McCormick North Phase III. F. The City and GEM l recognize that GEM 1 has a vested right to develop McCormick North Phase III pursuant to the Kitsap County standards to which it is vested. However, for a variety of reasons, both the City and GEM 1 believe it would be preferable to complete the review and approval of McCormick North Phase III using City permit procedures. The City and GEM 1 also believe it would be preferable to complet6'the review and approval of McCormick North Phase III based on City of Port Orchard substltfiv0 standards, to the extent that use of such standards does not require significant redesign. ,i ''} rcject. G. The City and GEM I desire to enter by RCW 36.70B.170, which will establish procedu of McCormick North Phase III. This Agreement,. permitted on the Property, the development stab" which the development standards will apply, A developed.` Based on the foregoing into the following Development 1. a. following m Id�iftt�#tt reement, as authorized dar"ds for #ate tgview and approval to set fort�t thl k es that will be (,.apply, t}se 12CpQti i3f time within ititc}, manner it►wHch it may be and GEM 1, LLC enter a clearly indicates otherwise, the in this paragraph. s the ordinance that approves this 36.70B.200. document, entitled Development Agreement. the City of Port Orchard. Goction Standards" means the City adopted regulations governing constructi6tt s l as and specifications, such as, but not limited to, the International Building Co lYiniform Plumbing Code, National Electric Code, the International Fire Code, the Uniform Code for the Abatement of Dangerous Buildings, and such other codes adopted by the City, with or without amendment. (5) "Development Standards" means the development requirements set forth in this Section 3 of this Agreement, the SEPA conditions, and all of the regulations duly adopted by the City, either as a part of the Port Orchard Municipal Code, or adopted therein by reference, and any administrative regulations duly adopted by the City, that Page 2 of 12 relate to the use, alteration or development of real property within the City,. Development Standards does not include Construction Standards or the applicable fees in effect at such time as grading, building, or other applicable permit applications are submitted and deemed complete by the City. (6) "Effective Date" means the effective date of the Adopting Ordinance. (7) "GEM I" means GEM 1, LLC the fee simplI't(tle holder of the Property, its successors or assigns. (8) "McCormick North Phase III" or th6 "ft-0rty".means the real property within the City, assigned Kitsap County Assessbir ItiX �l trkmbers 052301-4-014- 2009, 052301-4-015-2008, 052301-4-016-2007, ,0S2301<4 01 260b, 052301-4-018- 2005, 052301-4-013-2009, 042301 3 009OQatd 042301 3,(07�2001� as depicted in Appendix A and legally described u► = 1ppvndixl�ep Ly consists of approximately 129 acres and the proposed %ftire uses tt ude residenfi�t(, riiixed use, and industrial. fx (10) "Vesting Da)e fet;C S to tie, date 31j'yjttiilth ICrtsap County issued a Notice of Complete Application 6 the T f t t ii NMaster Plan project - Kitsap County File Number 09 .6 ZI forth in paragraph D, .wa.s .c rr4fj,fS above. 51Ppmt'pteari the Development Standards in effect on tote vpfiig Date? exoet as tn�aWit y thb'equirements set forth in Section 3 of thisAgttietttt:; a C1t+t4Kit�ap Cci(titjy feyiew process for McCormick North Phase III required scut §iqp of (j)agr3 Plan �ppirpAn, and (2) a Preliminary Plat application. The City review p�oagg does,htictt melpde atec Plan process for such a development. The City's requirerh�flts for'& Piehmmary;l?lat application are slightly different and slightly more detailed than the Co0WJ NWtel play S'plication requirements. b. III i-'-d,'F to coifvert the pending applications to the City permit process, the following steps erthec')�ave already occurred or will occur: (1) GEM 1 has submitted modified and supplemental information requested by City staff regarding the pending master plan and preliminary plat application, in order to provide the additional information required to meet the City's application requirements for preliminary plat approval (generally consisting of additional information on the stormwater control plan). Page 3 of 12 (2) The City shall review the application materials previously submitted to the County, and the modified/supplemental information provided pursuant to the preceding subsection l(b) (1) and determine whether, based on that information, the application contains sufficient information to allow the City to process a preliminary plat application for McCormick North Phase III using City processes and standards, subject to the terms of this Agreement. (3) If the City determines that the application c ins sufficient information to allow the City to process a preliminary plat application ft�c Il 4Cormick North Phase III using City processes and standards, subject to the teeii9dgftitis Agreement, the Master Plan application previously submitted to the Cct"ly 11y bg deemed to have been abandoned and the McCormick North Phase IjL 51 processed as a City preliminary plat application as set forth in this Agtepgi0nt ,' (4) If the City determines (Yia fftif pphcation does no Contain sufficient information to allow the City to proce9 ti Sw intmary-plat appliCii iotl brMcCormick North Phase III using City procsl iW" l ', theW6 ; subject to s of this Agreement, the City shall so nt�£yC��EM 1 `tCc<X Ctl M 1 an opporCuty to supply additional information that vygdtid a110W the Ct 1A<mke a determination that the application contains sufficint tforifFt�ti;allo fo process a preliminary plat application as described ab6V% ,'J,1 ubr q in ormation, the City shall review it pursuant to the term ue a new determination. GEM 1 shall also hAyo ib opts > m �t unable to provide the additional information qr.tt prtolW 1iq t icatt ��t �y City and to have the project reviewed gttrsti t0� $pthcablts ��' artd processes to which it is currently vested by virtu t1 1ts Iti7E98pplicat. ,.,,Otsap County and the related Notice of Complete App(tcatton1 sued b9.9'i R He City permit process pursuant to subsection ,suant to City procedures for preliminary plat Agreement. This process shall include, but is ion (if deemed to be required by the City) and SEPA CCVieWs the Cifj llbgrmg J; awn er and appeal processes. 3. If the McQ6ftidt-N6rth Phase III applications are converted to the City permit process pursuant to Section 1'gbove, the Property, including all permitted land uses, shall be reviewed and conditioned based''on the Development Standards in effect on the Vesting Date, with the following changes: a. Minimum Residential Lot Size: The McCormick North Phase III project was designed with and is based on a minimum residential lot size of 1500 square feet. The minimum residential lot size for the Property shall be 1500 square feet. Page 4 of 12 b. Tree Retention: The City and County have very different requirements for provision of open spaces and retention of significant trees. The City's current significant tree retention regulations are based on an assumption that a certain number of significant trees will be retained throughout a project (defined as a tree having diameter at breast height of 36" or greater). The County, on the contrary, requires that a certain percentage of a site be retained as open space in which existing vegetation is protected. GEM 1, as part of the larger McCormick North project, developed that overall project based on the County system. As a result, there are and will be substantial areas of trees retained within the McCort ick North project but in a pattern that is different than the City's lot by lot system grder to accommodate this difference, the City and GEM 1 agree that development on loth `�n McCormick North Phase III shall be exempt from the provisions of the Port Orchard *iftree retention regulations (PMC 16.50.180 through 16.50.220, as now or hereaftg atnetidgti} fgr a t2eriod of fifteen years from the date of final plat approval. After the exp�rafl't1n o said fifteen%.year period, any new or additional development on any lot in McCormick4tijt.lshase III shall ,be done in compliance with the requirements of significant tree retenhreuahons in effect at thetrne':o( application for such new or additional development., C. Stormwater Control Staffiards Mcititbk lslorth Phase IIL.was originally planned and development applicatiott5 st}b'rt►ied the i lre requirements set forth in the Kitsap County Code Title 12 Drail(i(e the �RW?ty Department of Public Works Stormwater Division, "Kits i}�' F M gment'Manual (KCSWDM)," dated February 2002 witate 1Y dam$ to use more state-of-the- art water quality best met rad @ eject In order to implement this 4 u s agreement, the City atl�f3$15Vi 1.`, ,as (1)(eutt}?n oet foitu ,,.,Kitsap County Code Title 12 Drainage Standards, and the ta1t tats114 cgt t' tc Works Stormwater Division, "Kitsap County Stprittr Ivfdnage$ten(1ltariizS� " dated February 2002 with 2007 updates shall be used tcftyv ahndtgn aptttvl Ytf'the water quantity aspects of the stormwater control sps)e'm fszF �i4��>ormio pih i?llase llT i.e., the volume of required retention -detention 2) 'Fe &tandards contained in the 2005 Department of Ecology Stormwater Control M4uqV0t►dtCi p a9GountY Low Impact Development Ordinance shall be used to review and eondifl6i"_ c qualtty_Gtintrol aspects of the stormwater control system for McCormick North Phase ITL _ _ �?'- d. Buildin Height. Kitsap County and the City impose similar but different building height limitations on the residential zone (RM — Residential Medium in the County and R20 in the City) in which a portion of McCormick North Phase Ill is located, but the County method of measuring building height is somewhat more detailed. Because the plat was designed assuming the County measurement system, building heights in the portion of McCormick North Phase III that is zoned R20 shall be calculated based on the provisions of Kitsap County Code 17.110.140, 17.382.020, 17.382.060 and 17.382.110 (copies attached as Appendix C.) Page 5 of 12 C. Road Cross Sections. McCormick North Phase III is part of a larger development which was designed and constructed based upon the standards in the 2007 Kitsap County Road Standards, including roadway width, sidewalk requirements, street trees and street lighting and related appurtenances. In order to provide uniformity of appearance, a common maintenance standard, and for consistency, except as noted below, McCormick North Phase III shall be developed using the same road cross sections and road improvement standards that were used in the balance of the McCormick North development. Copies of the applicable Road Cross Sections and Road Channelization Plan are attached as Appendix Dt�ri,D-1. (1) Roads 1 through 5 shall have 6 foot tYl, , s ¢walks in accordance with lade: WSDOT Standard Plans. Road I shall include a center turnetween Roads 5 and 6. (2) Roads 2- 4 are intended to provid@ 1i%gtess/egi@ss-Jo the R20 zone (High density residential) parcels. The roads shall include cttrb" gutter 6 foot4"faiiWilks on both sides, 7 foot parking lane on one side, and 11 foot drive lanes, ds depicted in A}fjseirdi rVV ; (3) Road 5 is intended,to provide,nip s% 's to the Eo niie'(employment — industrial and office) 12 foot center parcels.e ter urn lane, and 11 foot rot �es„a�11 ldepdiiilApndix E,sidewalks both sides, S (4) Road 6 is intended �,txo�iess%to }he Eo Zone (employment — industrial and office) parcels In ad2lttttiti@t(�i itttti 12 fod{ivitle"center turn lane, two 11 foot wide drive lanes, and G f6ot side tq bot s�� s I, 6'o eied in Appendix E, Road 6 shall also include cov rid §to" ater dy tli tfiji kened edge, and a cul-de-sac installed to City standards adtet i�ibflli;term htt,,, j fUa2iway' £ CnhcalireaS T!l@ CtYy revat tte critical area delineations and reports prepared for; M4Cormjkoriginally submitted to Kitsap County) and has det4r6ltt6d ghat the fepg[ s ar8", Imjll`e pad sufficient for review of a plat application rmrsuajW46,CiWstandardsrtd:tiiat'the,deilneatidits contained therein are accurate. g `, Zoning "and Uses:: The land uses for individual parcels or future development tracts are subject to the it"underlying City"Zoning designation and associated land use code as identified [n'Port Orchgfid Municipal C6de Section 16.30, as adopted on the Vesting Date. Future developmbnt`ts sbect to th@ Iattii use approval process, conditions, and potential SEPA review identified pu'tsitantfolte land"ifse tables identified in Chapter 16.30. 4. Term 6f A¢reement. a. Because the completion of the development of GEM 1's Urban Growth Area properties, including McCormick North Phase III, is expected to take considerably longer than the development of a single plat and because Kitsap County, the City of Port Orchard and GEM I all desire that these properties be developed in a coordinated manner, the Vested Development Standards shall be valid for a period of fifteen years from the Effective Date unless extended or terminated as provided herein. The City may grant a single five year extension if requested by GEM l and if the City finds that GEM 1 has made a reasonable effort to complete the final plat Page 6 of 12 process, recognizing that the timing of development is dependent on market conditions, the availability of financing and various other factors beyond the control of the parties to this Agreement. Final plat approval may be granted for portions of McCormick North Phase III, provided such final plat recording for all of McCormick North Phase III shall occur within the time periods established by this Section. b. Following the expiration of the term or extension thereof, this Agreement shall have no force or effect and the Property shall be subject to the regulations duly adopted by the City, either as part of the Port Orchard Municipal Code, or adopted thet+ein by reference, and any administrative regulations duly adopted by the City that;relat8 `to the use, alteration or development of real property within the City. Provided, however, P' '; 4mplete building permit application is submitted prior to the expiration of the term h e?ttensigfi`thereof, the City shall allow the construction and occupation of the imp[ovemenfcoVered.'y said building permit application so long as the building permit issued di) sAiti`applieatiott reni tns in full force and effect and construction is substantially completed tvitkiia 18 m9nths of the ddt,e City issues the building permit. 5. Phasing. GEM I shall be allowed to deveh occur in such sequence as GEM Provided, however, GEM I Mttgst c necessary by the City t8 ad tja pedestrian and traffigeiictlpp they relate to the PA P ph5fi , In the event Vie, phases being allowed to to Meet economic demands. oYements that are determined and safety with regards to management, and utilities as esult in a change in the type of uses , this Agreement shall remain in effect, t`ro s-.GEM,shall be entitled to develop its property pursuant to forth }ff$ection 3(c), above, provided that if the total impervious Ahe revised development exceeds the impervious area that is �totrnwater plans designed in accordance with Section 3(c), GEM (Install the additional stormwater storage required by the revised ., accordance with the City of Port Orchard's stormwater standards in effect at the time of vesting of the application for the b. Additional Residential Area. In the event that a revised development would increase the area devoted to single family residential uses, lot sizes and parking requirements for lots in the additional area shall comply with City of Port Orchard standards in effect when an application for development of the additional area is vested. In order to maintain a uniform appearance and consistency, any additional Page 7 of 12 residential area shall be subject to the building height and road cross section standards established in Sections 3(e) and 3(f), above. 6. Default. No party shall be in default under this Agreement unless it has failed to perform following written notice of default from the other party. Notice of default sh8jl;allow the defaulting party thirty (30) days to cure or commence cure where thirty (30) d2y�s i insufficient for a complete cure. Each notice of default shall specify the nature of the allpd¢t11t and the manner in which the default may be cured satisfactorily. A party not in default s t greement shall have all rights and remedies provided by law or equity, includlrtg vtttlttuiitnilahon: issuance of a stop work order, injunction, damages, action for specific.pe fo;M8nce oC to iegl'ire action consistent with this Agreement. Nothing herein will operate ta;p,Cby,'&It either party_ ottl t8king legal action regarding noncompliance that threatens public h 11►i safety or welfare pttpC t3?,thQ expiration of the thirty (30) day cure period following notice bfdefault o such action otxprepeding will operate to automatically terminate this Agreemeiit: -ft�r Shaih it release eithbr p4ty from any promise or obligation herein nor shall rt Me either p tl S% any liability or obligation with respect to any breach of this Agreement *,', ng prior to "'a fdttimencement of any legal action by a party. 7. Notices. All notices required WPM�e t JuiIAIe"dto the respective party on the date that it is personitl r ehvered ttJ the ad s ;Yset oith below, or on the date that it is successfully sent by,,' trlstliisatotivto theitile number(s) set forth below: rd WA 98366 1=876-4991 360-876-4980 Gregory A. Jacoby pity Attorney P.O. Box 1317 Tacoma, WA 98401 Phone:253-627-1181 Facsimile: 253-627-2247 GEM 1 Doug Skrobut McCormick Land Company 4978 SW Lake Flora Road Port Orchard, WA 98367 Page 8 of 12 Phone:360-876-3395 Facsimile: 360-876-35 l 1 With a copy to: Bob Johns 1601 1141h Avenue SE, Suite 110 Bellevue, WA 98004 Phone:425-451-2812 Facsimile: 425-451-2818 8. Reimbursement for Agreement GEM 1 agrees to reimburse the City for actual GEM 1 as an applicant incurred by City directly fees, publishing fees, and reasonable consultiH€ application fees. This Agreement shall not take''<, are paid to the City. Such payment of all$fees sh from the City's presentation of a writte� r 9. Amendments. No change or modif signed by authorized shall follow the proc forth in RCW 36z�M Agreement shall bpl it is sought to be enti curred over.atid above fees paid by this Agreeti10,t, including recording fees not otlicrwise in6luded within s provided for" itt this section tlie'latest, wit }ii0 th#tfy (30) days Safety. j16O.:$ same is in writing and is tt�that any such amendment lopmcnt agreement, as set of any of the provisions of this signed by the party against whom Pu>sttatrt , , lZC`VJ fib 7QH.176(4), the Ct y reserves the authority to impose new or different regal43todS ffpcling 'ti%4 ropetty, including but not limited to amendments to the Compreitetisli5%c Plan tb'it`.'Qde, official Zoning Map, or development regulations, to the extent regtl>i'�1fyr,to public health and safety. 11. Rj ')Binding Effect; Assignment. This Agreement an&',apt subsequent amendments thereto shall be recorded with the Kitsap County Auditor. GEM 1 shall be responsible for the cost of recording this Agreement and any subsequent amendments thereto. The rights, obligations, conditions and interests set forth in this Agreement shall run with the land and shall inure to the benefit of and be binding upon the GEM 1, and its heirs, personal representatives, successors and assigns and shall benefit the properties described in Appendix B. GEM 1 shall have the right to convey, assign, apportion or otherwise transfer any and all of its rights, obligations, conditions, and interests under this Agreement. Provided, however, within thirty (30) days of the effective date of GEM 1's conveyance, Page 9 of 12 assignment, apportionment, or other transfer of its rights under this Agreement, GEM 1 must provide notice to the City of the same. 12. Relationship of the Parties. Notwithstanding any other provision of this Agreement, or any other agreements, contracts, or obligations which may derive herefrom, nothing herein shall be construed to make the City or GEM 1 partners or joint venturers, or to render any other parties, hible for any of the debts or obligations of the other parties, it being the intention of this Agregltlent merely to create the agreements set forth herein. 13. Third Party Legal Challenge. In the event any legal action or special proce than a party to this Agreement, and a party's any provision herein, the City may elect to claims in the lawsuit to GEM 1 and its suc successors or assigns shall hold the C4,1 expenses incurred in the defense of sueha�'ws not limited to attorney's fees and tiX(5ris6si? party or parties in such litigation. GEM 1 d without the consent of the.City The G —, withhold consent to settle Vw 14. The parties of I by��" or entity other to challetrgp thii'Agreement or of such individual n such event, GLxlvi 1 and its nd the City from all costs and us, in the lawsuit, including but ages awarded to the prevailing igns sljall not settle any lawsuit th'sn'd shall not unreasonably ',1h adequate remedy for breach of this specific performance of all material terms This Agtop.Ment, is msdy &itd etttcred into for the sole protection and benefit of the parties hereto and their saGcessot' and a§signs.''No other person shall have any right of action based upon any provision of'$is Agteemeftt 16. ApplieAINBLaw and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Any action with respect to this Development Agreement shall be brought in Kitsap County Superior Court, Port Orchard, Washington. 17. Multiple Originals. This Agreement may be executed in multiple copies, each of which shall be deemed an original. Page 10 of 12 18. Entire Agreement; Construction. This Agreement constitutes the entire agreement of the parties and incorporates all prior discussions and agreements. The captions throughout this Agreement are for convenience and reference only and the words contained in them shall not be held to expand, modify, amplify or aid in the interpretation, construction or meaning of this Agreement. All parties hereto have been represented by legal counsel and accordingly hereby waive tWgeneral rule of construction that an agreement shall be construed against its drafter. r 19. Attorney's Fees. In the event that any party to this Agreement brings 6 4VV's lit agai enforce any provision of this Agreement or to re reach t any such lawsuit shall be entitled to recover its, easonabla any other available remedy. t Page 11 of 12 party in order to evailing party in VS in addition to by the partie's on the dates STATE OF WASHINGTON ) ss. COUNTY OF KITSAP ) I certify that I know of have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument:=and acknowledge it as the of GEM 1, LLC to be the fee and vol un act of such party for the purposes mentioned in the instrument. _ SUBSCRIBED AND SWORN to before me this STATE OF WASHINGTON COUNTY OF KITSAP 1 certify that who appeared befog oath stated that lie the this 20 RY PUBLIC ifi1ffd fo the State of expires: is the person tt(t'he/she signed this instrument, on nstrument and acknowledge it as the fee and voluntary act of such party for day of 20_ NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: Page 12 of 12 NW 1/4, SW 1/4, SEC. 4, AND THE SE 1/4, SEC 5, TWP. 23 N., RGE. I E., W.M. KITSAP COUNTY WASHINGTOr I 5 �I 5 4 't " /V •'7-� ti /*, `•{• r•;54 .: W /4 •f;� _o m / 5 8 TPOB 5 4 _�_ S— R0P0 9 9 O� p I POB I y9..CIF R s CW1.' m o'• �o 0 400 800 1600 2400 •, 01ST>'••�yQ• N1L LAND SCALE III = 8001 Hugh G. Goldemlth & Associates, Inc. GEM] L.L.C. JOB NO: 08100 Consulting R*eers • Smeyurs • Planners P.D. Box 3565 TEL 425 462-1080 MCCORMICK NORTH MASTER PLAN Bellevue, NA 99009 RAX: 425 462-7719 PHASE III, URBAN VILLAGE 1 SCALE: I" = 800' APR: GCR BY: KJT PSSF: 04005 1 DATE: 9/6/08 KITSAP COUNTY WASHINGTON DWG: 08100EOI.dw LKNAPP 09/10/08 08:53 M:\ACAD\SURVEY\08\08100\08100EOI.dw9 �o.;%,' � 6 September 10, 2008 LEGAL DESCRIPTION FOR GEM1, L.L.C. MCCORMICK NORTH MASTER PLAN PHASE III, URBAN VILLAGE That portion of the Southwest quarter of Section 4 and the Southeast quarter of Section 5, Township 23 North, Range 1 East, Willamette Meridian, Kitsap County, Washington, lying North of Old Clifton Road and lying West of the following described line: Beginning at the Southeast corner of said Section 5; Thence N 67002'01" W along the South line of said Section 5 a distance of 835.91 feet; Thence N 503211" E a distance of 30.03 feet to the North margin of said Old Clifton Road and the TRUE POINT OF BEGINNING of the herein described line, said point also being a point on the arc of a curve, the center of which bears S 84027'49" E; Thence Northerly along the arc of a curve to the right, said curve having a radius of 430.00 feet, through a central angle of 24059'29", a distance of 187.56 feet; Thence N 28000'49" E a distance of 455.92 feet; Thence N 30031'40" E a distance of 1257.51 feet to a point of curve; Thence Northerly along an arc of a curve to the left, said curve having a radius of 800.00 feet, through a central angle of 27050'52", a distance of 388.83 feet; Thence N 2040'48" E a distance of 457.96 feet; Thence N 87019'12" W a distance of 10.00 feet to a point on the arc of a curve, the center of which bears S 8701912" E; Thence Northerly along the arc of a curve to the right, said curve having a radius of 710.00 feet, through a central angle of 9006'48", a distance of 112.93 feet to a point on the East — West centerline of said Section 'o 4, distant thereon 89.08 feet, S 88°52'10" E from the West quarter corner of said Section 4 and the TERMINUS of the herein described V 3� •' w gy line, e.'< , l x4 EXCEPT any portion thereof lying within the Northwest quarter of said Southeast quarter of said Section 5. � LAND 08100GEM1241A-2010'O.DOC Prepared by: Z- GOLDSMITH Page 1 0( 1 Checked by: FAND OF Vf IO PMENI SFRVi CES 1 Building Height for McCormick North Phase III Preliminary Plat Per Kitsap County Code Title 17 Zoning: RM Zone — Residential Medium (Converted to R20 per Port Orchard Annexation) I. DEFINITION -BUILDING HEIGHT: 17.110.140 Building height. "Building height" is the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. (Ord. 367 (2006) § 5 (part), 2006: Ord. 216 (1998) § 4 (part), 1998) II. DENSITY, DIMENSIONS, AND DESIGN - Chapter 17.382.020 C. Height. Except as provided for in Section 17.382.1100)(14), height shall be measured from a reference datum to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building: 1. The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten feet above lowest grade. 2. An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in subsection (C)(1) of this section is more than ten feet above lowest grade. 3. The height of a stepped or terraced building is the maximum height of any segment of the building. II. DENSITY, DIMENSIONS, AND DESIGN - Chapter 17.382.060 17.382.060 Urban Residential Density and Dimensions Table. Urban Low -Density Residential Urban Medium/High- Density Residential UCR IGZ UR UL UM UH Standard (5) (33) (33) (5) (5) (33) C:Tackup 02-14-06Development Sub AreasWcCormick North\McCormick North Phase IMBIdg Height PH III Pre -Plat Dev Agree (KC Code) 120709.doc 12/8/2009 1 0 (50) (33) 4 1 1 4 10 Minimum density (du/acre) (18 19 (19) ) (18) (19) (19) 9 4 5 9 18 Base/Maximum density (du/acre) 30 (19) (18) (18) (19) (19) None for multi- Minimum2,400 lot size (39) 5,800 5,800 �f. 2,400 �£ family; None s.f, s.f. s s 2,400 s.ff, for single-family 0 for multi- 40 family; Lot width (feet) 40 60 60 60 (20) 40 for single- family 0 for multi- family; Lot depth (feet) 60 60 60 60 60 60 for single- family 35 35 35 Maximum height (feet) (40) 35 35 35 (50) (17) (17) Maximum impervious surface coverage NA 40% 50% NA 85% 85% (Ord. 420 (2008) § 8 (part), 2008; Ord. 415 (2008) § 155, 2008: Ord. 367 (2006) § 106 (part), 2006) 17.382.110 Footnotes for tables. 17. A greater height may be allowed as set forth below and in accordance with the procedures in Title 21 of this code. Such approval must be consistent with the recommendations of the fire marshal/fire district and compatible with surrounding uses and zones. Such approval shall result in a decrease in building coverage, an increase in public amenities, and/or a more creative or efficient use of land. The maximum building height approved by the director shall not exceed: C:\Backup 02-14-060evelopment Sub Areas\McCormick North\McCormick North Phase III\Bldg Height PH In Pre -Plat Dev Agree (KC Code) 120709.doc 12/8/2009 2 a. In the UM, NC, and P zones: forty-five feet. b. In the UH, HTC, and RC zones: sixty-five feet. c. In the BP, BC, and IND zones: fifty feet. d. In the mixed use zone: i. Within Silverdale, the maximum height shall be 45 feet; ii. Along the Highway 303 corridor, the maximum height shall be sixty-five feet; iii. Along Perry and National Avenues, the maximum height shall be forty-five feet. C:\Backup 02-14-06\Development Sub Areas\McCormick NorlhWeCormick North Phase 1111Bldg Height PI I III Pre -Plat Dev Agree (KC Code) 120709.doe 12/8/2009 3 19 §� « � \ �2 \ (\z 0 )f, \ \ } 57 \ !f --o „ z I�o�171: �ROAOS } n a u333J {� r""�" I" 9im1 11 fl I F - --- � . IIII 'A qp 9YEifR] NRNY Irk JJJJ 1� I § Wei a %G i O� III= �1 y c . J m O ^2 LA . O tm j b a' ; 10 n IN o _ m• i , Li- 36,1 OLD CLIFFON ROAD p o O o s ; _ ,G IFTON ROAD t .V I I �<A !f eoi • 'g i>~N or r •t44�r4 ti{ •¢'�f��is"� 4' � �'Pr�i lei �ien`L• ',`,. � �Q� � 'Q 1t"} I'�! � �1 �.�• tifi al•--.�i+G k 0� t fr�'��f,. i, 1 '. 6 5�1 Y e 5J� , �,; ?I bt ♦l�l i< ty �4„ 1 i v� ,�twl a } l IfRt • yre {r• 8�9t@7f - I i Ir 1 t2 t\ f "t �R ff A �'i{ }•Is'�I�Sp ! �K( 14 t1j f}It i �,r 1 i, li. � I Iryy s ry� I i 1 '1 &r �e r r 3 r f l E3 )i i wo DISCLAIMED: This map is intended for display purposes only and is not intende any legal representations. [Click here to Print] GOVERNMENT LOT 3 (NORTHWEST QUARTER OF THE SOUTHEAST QUARTER) SECTION 26, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M. ' eg` CITY OF PORT ORCHARD, COUNTY OF KITSAP, / tire" > F STATE OF WASHINGTON / p7 if m%• 9� / ♦y0�,("P` C ♦ REVISED LEASE AREA / ��ll�d�\\ U ♦♦aAg e \ o� o G�P\��� s4s's001 00 / 11K ! / �♦ 15 WATERWAY (\1/ PERMIT AREA / / 1, % y�•P o^� �O�ry ORIGINAL LEASE AREA N48'37'30*E — 15.00' DESCRIPTION M1� / db TPOB REVISED HARBOR AREA DESCRIPTION ONE INCH AT NLL SCALE, IF NOT ONE INCH SCALE ACCOR0INCLY �P / JAll' 0A/ Of�i pN6^g0 o I BLOCK 4 \ 'YEN'S TOWN \PLATOFSIONEYMEANDER I \ 'i ETTSAP STREET _-N889T42-W _ 152.05' FND. SURFACE REBAR .,\ /I/ ♦� -/ NO CAP ♦ \'� \..` / y✓ yjl / FND BRASS NAIL IN CONC. MON. IN CASE, OX BELOW SURF. AQUATIC LEASE 22-002730 WATERWAY PERMIT No. 20-086063 t I DE KALB STREET --- - ----I-------------------------� W i gn i FND 1.5- IRON PIPE W/BRASS TACK ] z IN CASE OX BELOW SURFACE iL DWIG ----------------ST--R—EE------——---- HT T NORTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 20. TOWNSHIP 24 NORTH, RANGE 1 EAST, W.N. UDIqT�O�tR1'�S CER'�—TlI�F'�ICATE SURVEYOR'S CERTIFICATE ,1.-2 day of -1 201Qa1 correctlyPIn 1 IunderPmy yb . AQUATIC LEASE SURVEY me or direction conformance wltN ACT of In Lock'7'1 of .er„ al a a ander n. a 9 T3- requlremenle of the SURVEY RECORDING reaueef al PEIE 11ERNAN bol19.40 RA t at Ue reaaeal of FOR In v ' 2910—I h ASSOCIATES, INC. ' I ,,ff SINCLAIR INLET MARINA M DOUGLASS A. HHARY TIVL&N, PLS erinlend.nl of Records 4App - nr� aA s—,—, CERIIFlCATE NO. 36798 0" 7Ji 0 1 to It 74-77 � i�0'tiLG so ati00Atq fiVO 'A" LMlarina, LLC id Harbor Area ,of Addition of plan "Addition to Sidney ofpiats ?rt Orchard Washington ofptats City 0 Port Orchard Harbor Area Lease Number AL-12074 SCALE s0 0 35 50 100 isp ti° File Block I ��ae c4 <,IlelOSCytae1% ltto4 ";'o"iQp 89"2I'15" W I- mz.m reef-�.� RECEIVED LIGHTING SERVICES FROM PUGET SOUND ENERGY 355 1 10TH AVE NE- BaLEVUE, WA - 98004 (425) 456 - 2496 WIN AUG 0 9 2010 CITY OF PORT ORCHARD PUBLIIVVKf Location: • Erickson Ave • Virginia Mason Outpatient • Bainbridge Details: • Black Satellite on Black Concrete pole with Vero Beach arm LIGHTING SERVICES FROM PUGET SOUND ENERGY 10608 NE 4TH STREET• BELLEVUE, WA • 98004 (425) 456 - 2496 Location: Main Street Elk Heights / Nielson Meadows Details: Bishops Crook arm K823 Falconridge fixture Victorian II 18' Green concrete pole BC-2 LIGHTING SERVICES FROM PUGET SOUND ENERGY I N T 0::' ...... fi 355 110th AVE NE- BELLEVUE, WA • 98004 (425) 456 - 2496 Location: Tenino Details: AAL Large Scale Pendant with luminous rings 6' Arm w/ball top cap 20'ft Round Medium Concrete Sandstone Beige Pole with Festoon outlets Planter Brackets AM-14 LIGHTING SERVICES FROM PUGET SOUND ENERGY I N T O T 355 - 110TH AVE NE• BELLEVUE, WA • 98004 (425) 456 - 2496 Details: • Wood Grain Concrete • AAL Uni UCL Luminaire AM-11 Location: Dupont Golf Course — Dupont, Washington LIGHTING SERVICES FROM PUGET SOUND ENERGY I N T O<T 355 - 110TH AVE NE• BELLEVUE, WA • 98004 (425) 456 - 2496 Details: • Wood Grain Concrete • Double AAL Uni UCL Luminaire AM-12 Location: • Dupont Golf Course — Dupont, Washington LIGHTING SERVICES FROM PUGET SOUND ENERGY I N T 0 T 355-110TH AVE NE • BELLEVUE, WA • 98004 (425) 456 - 2496 Location: • City of Bonney Lake Details: • Washington Pole • Aladin Arm • King K-56 Luminaire LIGHTING SERVICES FROM PUGET SOUND ENERGY I N T 0. 355 - I 10TH AVE NE• BELLEVUE, WA • 96004 (425) 456 - 2496 Location: City of Maple Valley - SE 263rd & SE 254th Details: • 25'Visco Octiflute galvanized steel pole • Decorative base (Vl-B9/21) • Ornamental 6' arm (22 SL-PEC) • 150W teardrop luminaire (CP0748) AM-6 LIGHTING SERVICES FROM PUGET SOUND ENERGY I N T O T 355 - 110TH AVE NE • BELLEVUE, WA • 98004 (425) 456 - 2496 Location: City of Sumner Details: • Teardrop fixture - street side • Acorn fixture - sidewalk side • Aladdin arm Green steel fluted pole AM-5 ' LIGHTING SERVICES FROM PUGET SOUND ENERGY I N T 0 T 355 - 110TH AVE NE • BELLE VUE, WA • 98004 (425) 456 - 2496 Location: • 228th St, Sammamish Details: • Northwest Green K205 with KA 72-T-2 • Northwest Green fiberglass AM-1 l nog M� �'�•;'� �"�`r%� City of Port Orchard �WMR�VJ'� QII q ,, .mil is Council Meeting Minutes Council Retreat — February 19, 2010 PRESENT: Mayor Coppola, Councilmembers Fred Chang, Jerry Childs, John Clauson, Jim Colebank, Fred Olin, Carolyn Powers, and Mayor Pro-Tem Robert Putaansuu. ALSO PRESENT: City Attorney Jacoby, City Clerk Kirkpatrick, and Deputy Clerk Rinearson. Public Works Director Dorsey was invited to the meeting and arrived with Development Director Weaver at 9:3o a.m. Mayor Coppola called the meeting to order at 9:oo a.m. Short -Term and Long -Term Goals: City Attorney Jacoby advised the purpose of the meeting is to identify short-term and long- term goals. The Council determined the following to be their short-term and long-term goals: Short -Term Goals: Parking Garage — Phase I Design Revenue Sharing Agreement — Resolve Tremont Corridor — Shovel Ready Bay Street Pedestrian Pathway — Complete design; obtain easements Sidney and Sedgwick —Infrastructure Plan to be completed in 2010 Financial Plan — City -Wide Long -Term Goals: Bethel Annexation — in progress Library - Facility maintenance vs. new building Downtown Parking — General Annexation — Growth/Priorities Economic Revitalization — Encourage new business Bethel Avenue — Development and Planning Bay Street Pedestrian Pathway — Construction Parks — Acquisition, Funding, and Maintenance Tourism — Create a Plan/Combine with Economic Development Municipal/Public Facilities — Police, Municipal Court, and Library Neighborhood Revitalization — Police/Council outreach Sidewalks and Streets — Improvements The Council directed the City Clerk to add the following items to Work Study Session agendas as items for the Council to discuss and/or provide direction to staff: Add to Future Work Study Session Agendas: • Financial Plan — Development of reserve accounts and policies to increase productivity • Annexation Priorities — Review map boundaries and determine next logical step in annexation February 19, 2010, Retreat Work Study Session Page 2 of 3 • Economic Revitalization and Tourism — Review combining into one Council Committee • Parking Garage — Define next steps, i.e. refine conceptual design • Parks — Discuss whether to form a Parks Commission/Committee and funding solutions • Chain Parking — Revisit downtown parking time limits • Design Review Board — to create a "Turn of the Century" idea book for Council consideration • City Face Book/Fan Page — Policy discussion • Council Budget — Discuss increase in funding in 2011 for travel to Board meetings and AWC training programs Public Works Director Dorsey left the meeting at 10:01 a.m. Priorities for Planning Commission After a brief discussion, the Council directed Development Director Weaver to invite the Planning Commission to the March 16, 2010, Work Study Session to discuss their proposed goals. Design Review Board Development Directory Weaver indicated the Design Review Board would like to be tasked with a project. After a brief discussion, Council directed the Design Review Board to put together an idea book to better define the already established theme "Turn of the Century" for the Downtown Overlay District. The Following items were discussed by Council: • City Face Book/Fan Page. The Council directed that there would be no official City Face Book/Fan Page and further directed the City Clerk to research how other municipalities are managing the pages from a records management perspective. • Council Committees Budget. City Clerk noted that the Public Property Committee's breakfast meetings were not factored into the 2010 budget. The Council directed the City Clerk to add to a future work study session a discussion on increasing the Council's travel and training budget for 2011. City Clerk Kirkpatrick reported on the codification costs for Titles 16 and 18, which was left out of the 20io budget, which would result in a budget amendment once the final amount was known. The Mayor explained that staff did not understand the significance of not including codification costs into each department's budget, noting it was a learning curve and in the future these costs would become part of the annual budget. The Mayor explained that as part of his Green Initiative he would like to do a pilot program that would provide six charging spots for electric vehicles throughout the City. The Council directed the Mayor to move forward with this project. As part of the Mayor's Green Initiative to save paper it was suggested that the Council be issued laptops to review their Council packets electronically, which will save about 6 reams of paper each month. After a brief discussion, the Council directed staff to continue providing paper packets to the Council; to notify the public that as of April February 19, 2010, Retreat Work Study Session Page 3 of 3 13, 2010, staff will only provide hard copies of the agenda, minutes, ordinances and resolutions at the meetings; the public can either download the packet from the City's website or call the City Clerk's office for a hard copy of the packets. Council supported the Mayor's idea to implement a City-wide Disaster Recovery Plan. The Council directed the City Clerk to add to the regular meeting agenda under "Reports of Department Director's" updates on Tremont Corridor and Annexation issues. At 12:12 P.M. Mayor Coppola adjourned the meeting. Patricia J. Kirkpatrick, CMC, City Clerk Lary Coppola, Mayor