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03/21/2023 - Work Study - Packetj .. IYuI. , Mayor: Rob Putaansuu Administrative Official Councilmembers: MarkTrenary (Mayor Pro-Tempore) E/D & Tourism Committee, Chair Utilities/Sewer Advisory Committee Transportation Committee KRCC-alt Shawn Cucciardi Finance Committee E/D & Tourism Committee Lodging Tax, Chair Fred Chang Economic Development & Tourism Committee Land Use Committee Transportation Committee Jay Rosa pepe Finance Committee, Land Use Committee KRCC, PSRC-alt, PSRCTranspol-alt, KRCCTranspol alt, KRCC Planpol-alt, John Clauson Finance Committee, Chair Utilities/Sewer Advisory Committee Kitsap Public Health District-alt Cindy Lucarelli Festival of Chimes & Lights Committee, Chair Utilities/Sewer Advisory Committee, Chair Kitsap Economic Development Alliance Scott Diener Land Use Committee, Chair Transportation Committee Department Directors: Nicholas Bond, AICP Development Director Tony Lang Public Works Director Tim Drury Municipal Court Judge Noah Crocker, M.B.A. Finance Director Matt Brown Police Chief Brandy Wallace, MIMIC, CPRO City Clerk Meeting Location: Council Chambers, V Floor 216 Prospect Street Port Orchard, WA 98366 Contact us: (360) 876-4407 cityhall@portorchardwa.gov City of Port Orchard Council Work Study Session March 21, 2023 6:30 p.m. Pursuant to the Open Public Meetings Act, the City Council is conducting its public meeting in the Council Chambers at City Hall. Members of the public may view and provide public comment during the meeting in person at City Hall, via the online platform zoom (link below), or via telephone (number below). The public may also view the meeting live on the City's YouTube channel. Remote access Link: https://us02web.zoom.us/J/88171057488 Zoom Webinar ID: 8817105 7488 Zoom Call -In: 1 253 215 8782 Guiding Principles • Are we raising the bar? • Are we honoring the past, but not living in the past? • Are we building connections with outside partners? • Is the decision -making process positively impacting diversity, equity, and inclusion? CALL TO ORDER Pledge of Allegiance 1. Council member Salary (Lund/Archer) Estimated Time: 60 Minutes 2. Report on Forthcoming Enforcement Code Amendments (Archer) Estimated Time: 15 Minutes 3. Updated Procedures for Response to Unauthorized Trespassi /Camping on Public Property (Archer) Estimated Time: 30 Minutes Executive Session Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. Good of the Order °On'r�� Issue Title: Meeting Date: Time Required Attendees: City of Port Orchard Work Study Session Executive Summary Councilmember Salary March 21, 2023 60 minutes Human Resources Director Debbie Lund City Attorney Charlotte Archer Back to Agenda Action Requested At This Meeting: Discussion and consensus as to a salary recommendation for councilmember terms beginning January 1, 2024, for action at a future meeting. Issue: At the council's request, staff has researched compensatory salary information from neighboring jurisdictions related to the salary paid for elected councilmember positions. Background: The current councilmember pay was effective January 1, 2013. Councilmember pay has not increased since. Pay changes made by current councilmembers are effective at the beginning of the next term for each councilmember position. 4 council positions are up for election this fall. Any change in councilmember compensation would be effective January 1, 2024, provided that the action is completed prior to the November 2023 general election. The Finance Committee reviewed the attached memo dated January 6, 2023, at their January 20, 2023 meeting and requested that the conversation be brought to the full council. Please note, an error in the calculations on page 4 has been corrected. Recommendation: 1. Councilmembers are currently paid a monthly salary. The City pays bi-weekly. This creates a situation (two months a year) in which staff has to manually edit payroll to avoid overpaying councilmembers by paying them three times a month, rather than the usual two times a month. Therefore, staff would prefer a salary based on an annual amount that is evenly divisible by 26 (rather than 24). Page 2 of 26 2. Options explored by the Finance Committee. Back to Agenda Option using historic salary study model: The cities of Bainbridge Island, Bremerton, Gig Harobr and Poulsbo and Kitsap County are the historic comparable jurisidictions for the City of Port Orchard. For purposes of elected officials, Kitsap County is not a good comparable. Using the salaries for councilmembers from the other cities, the average pay is $1,549.41 per month or $18,592.92 per year. If the Port Orchard City Council uses this model, this would be an increase of $6,592.92 per year, a 54.94% increase in salary. Historic summary: Current Local Cities Average Per Bi-weekly Payday n/a $715.11 Monthly $1,000.00 1,549.41 Annually 12,000.00 18,592.92 Option 1: Understanding the concern that the Bainbridge Island councilmember pay skews the average for the small sample, the attached January 6, 2023, memo shows the average of the comparable jurisidictions without Bainbridge Island. This results in a monthly pay of $1,065.87, or $12,790.44 annually. This equates to $491.94 per pay day when paid 26 times a year. This would be a $790.44 increase (6.59%) over the current annual salary for a Port Orchard city council member. Option 1 summary: Current Option 1 Per Bi-weekly Payday n/a $491.94 Monthly $1,000.00 1,065.87 Annually 12,000.00 12,790.44 Option 2: This option shown on the January 6, 2023, memo excludes the high and low salaries (Bainbridge and Gig Harbor) from the list of surrounding cities. This results in a monthly pay of $1,211.31, or $14,535.72 annually. If this option is chosen. staff would ask that the annual salary be rounded to S14.535.82 which eauates to an even S559.07 Der Dav day when said 26 times a vear. This would be a $2,535.82 increase (21.13%) over the current annual salary for a Port Orchard city council member. Option 2 summary: Current Option 2 Per Bi-weekly Payday n/a $559.07 Monthly $1,000.00 1, 211.318333x Annually 12,000.00 14,535.82 Page 3 of 26 Back to Agenda Option "Aberdeen": The other item from the January 6, 2023, memo that drew attention was the City of Aberdeen model. Under this model, staff tracks the annual COLA increases provided to non -represented employees of the City. Once a council term expires, the accumulated COLA increases are applied to the salary for the newly elected councilmembers term. As shown on page 4 of the January 6, 2023, (corrected) memo, using this approach the newly elected 2024 councilmember monthly pay would be $1,271.04, which equates to $15,252.48 annually. If this option is chosen, staff would ask that the compensation policy be written so as to increase the amount to the nearest (greater) calculation that is evenly divisible by 26. In this case, that would be $15,252.64 per year. This would be a $3,252.64 increase (27.11%) over the current annual salary for a Port Orchard city council member. Option "Aberdeen" summary: Current Option "Aberdeen" Per Bi-weekly Payday n/a $586.64 Monthly $1,000.00 1, 271.05333x Annually 12,000.00 15,252.64 For your convenience, the chart below illustrates how these two options would compare with jurisdictions historically used in the City's salary surveys. Jurisdiction Annual Salary Bainbridge Island (2023) $36,000.00 Port Orchard if Option Avg local cities (2024) 18,592.92 Bremerton (2023) 17,071.44 Port Orchard if Option "Aberdeen" (2024) 15,252.64 Port Orchard if Option 2 (remove high and low) (2024) 14,535.82 Port Orchard if Option 1 (w/o BI) (2024) 12,790.44 Poulsbo (2023) 12,000.00 Port Orchard (2023) 1Z000.00 Gig Harbor (2023) 9,300.00 Alternatives: Another method of establishing the pay of councilmembers is utilizing a Salary Commission made up of citizen volunteers. City Attorney Archer has attached a memo with more information on Salary Commissions. Relationship to Comprehensive Plan: n/a Attachments: 1) January 6, 2023 (corrected) memo to Finance Committee. 2) Updated Memo re Salary Commission. Follow-up Notes & Outcomes: Page 4 of 26 Back to Agenda MEMORANDUM To: Finance Committee Members From: Debbie Lund, Human Resources Director Date: January 6, 2023 [Corrected] RE: Councilmember Pay Research At the request of the City Council late last year, I have conducted salary research on councilmember pay. This memo is the result of that research and is intended to show a variety of data points for your consideration. Using the same methodology as used in the 2020 Salary Study by an independent consultant, the average pay from surrounding jurisdictions would be considered for comparison purposes: Jurisdiction 2023 Monthly Salairy Bainbridge Island 3,000.00 Bremerton 1,422.62 Gig Harbor 775.00 Poulsbo 1,000.00 Kitsap County n/a Average $1,549.41 Port Orchard 1,000.00 Based on comments/requests from some councilmembers, the following is also provided for your information. Option is Exclude Bainbridge Island, the highest monthly salary: Jurisdiction 2023 Monthly Salary Bainbfidge island 0 Bremerton 1,422.62 Gig Harbor 775.00 Poulsbo 1,000.00 Kitsap Count n/a Average excl. Bainbridge $1,065.87 Port Orchard 1,000.00 Page 5 of 26 Back to Agenda Option 2: Exclude both high and low from the data points, in this case, Bainbridge Island and Gig Harbor respectively. This results in just two data points for comparison. Jurisdiction 2023 Monthly Salary BainbFidge island 0 Bremerton 1,422.62 Gig Har-beF e0 Poulsbo 1,000.00 Kitsap County n/a Average excl. Bainbridge and GigHarbor, $1,211.31 Port Orchard 1 1,000.00 Due to the small sample, I expanded my review of Cities with populations nearest to Port Orchard. For this review, I excluded cities in King County as well as cities in Eastern Washington. The information below shows those six cities with populations nearest Port Orchard. 3 smaller and 3 larger. Jurisdiction Population* Population compared to PO County 2023 Monthly Salary Ridgefield 13,640 (2,760) Clark 650.00 Ferndale 15,970 (430) Whatcom 715.00 L nden 16,150 (250) Whatcom 737.92 Aberdeen 17,040 640 Gras Harbor 465.00 Washougal 17,390 990 Clark 587.00+ Anacortes 17,880 1,48o Skagit 1,200.00 Average 725.82 Port Orchard 16,400 1,000.00 * Per MRSC 2022 Washington City and Town Profiles + Unable to obtain 2023 salary. Using AWC salary survey 2022. The following represents other data points that could be considered. It should be noted that with such a small sample size, I cannot recommend a particular data point for use. Jurisdiction Population* Pay per capita Meetings per month* Pay Per meeting Bainbridge Island 25,060 0.1197 4 750.00 Bremerton 45,220 0.0315 Weekly 328.30 Gig Harbor 12,540 0.0618 2 387.50 Poulsbo 12,180 0.0821 3 333.33 Average o.0738 449.78 Avg excl. Bainbridge 0.0585 349.71 Avg excl. BI and GH o.0568 330.82 Port Orchard 16,400 o.o610 3 333.33 * Per MRSC 2022 Washington City and Town Profiles Page 6 of 26 Back to Agenda The City Council also referenced salary commissions. Of our core comparable cities, here is what I found. Jurisdiction Salary Commission Bainbridge Island Yes Bremerton Yes Gig Harbor Yes Poulsbo No Port Orchard No Other topics that may be of interest: PERS Membership Criteria In order to be eligible for membership in PERS, an elected official must earn at least go times the state minimum wage each month. The 2023 state minimum wage is $15.74• go x $15.74 = $1,416.60. The Washington minimum wage is adjusted annually based on the federal Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI- W). Increasing/Deceasing Councilmember Salaries Article 11, section 8 of the Washington state constitution prohibits the increase or decrease of an elected official's salary after his or her election or during his or her term of office. This prohibition, however, applies only to officials who set their own salary, as is the case with the City of Port Orchard councilmembers. Consequently, any increase or decrease in the salaries of those elected officials who set their own compensation may not take effect until their next term of office. According to MRSC this means the City Council must complete action related to councilmember pay prior to the next November general election in which council positions are elected. Option for a Salary Commission. The City Attorney was asked to provide information on a salary commission. Cost of Living Increase (COLA) Port Orchard City Councilmember salaries have not changed since 2013, when they were increased from $771.24 to $1,00o per month. MRSC (Municipal Research and Services Center) provides examples of municipal codes providing for an automatic annual salary increases for elected officials. The information on the next page is provided for illustrative purposes. Page 7 of 26 Back to Agenda Year COLA Calculated Pay Effective Date 2014 2.0% 1,020.00 10 1 2014 2015 1.6% 1,036.32 10 4 2015 2016 0.6% 1,042.54 4 1'7 2016 2017 2.0% 1,063.39 1 1 201'7 2018 2.5% 1,089.97 1 1 2018 2019 2.25% 1,114.50 1/1/2019 2019 1.05% 1,126.20 3 17 2019 2020 2.3% 1,152.10 1 1 2020 2021 2.0% 1,175.14 1 1 2021 2022 4.0% 1,222.15 1 1 2022 2023 4.0% 1,271.04 1 1 2023 Corrected Corrected Corrected Corrected Please note that COLAs at the City of Port Orchard are generally tied to the Seattle - Tacoma -Bellevue CPI-U, which can differ from the federal CPI-W that is used for purposes of escalating the Washington state minimum wage. CPI related approaches Legal counsel would need to advise as to whether the council could elect to increase future councilmember pay using an annual or term -based COLA adjustment. If the council was interested in such an approach, one possible solution might be to tie any COLA increases to a fixed number or the COLA used for Washington's minimum wage, therefore avoiding a COLA amount over which the council has control. For example, the City of Lynden applies a fixed percentage of increase each year (3% per year from 2019 to 2025 under their current Ordinance). The City of Aberdeen tracks a specific CPI and applies the cumulative total at the beginning of a councilmember's elected term. In other words, CPI is tracked but not applied until a new term is started. Page 8 of 26 INSLEE BEST Back to Agenda O MEMORANDUM TO: City of Port Orchard City Council (Previously provided to Finance Committee) FROM: Charlotte Archer, City Attorney DATE: For March 2023 Work Study RE: Procedures for Modifying Council Compensation QUESTION AND SHORT ANSWER The Port Orchard City Council has requested a legal analysis regarding the mechanisms that may be used to adjust compensation for elected officials, including but not limited to the establishment of an independent salary. Port Orchard, as an optional code city, has the lawful authority to set salaries for city council members one of two ways: 1. Adjustment of salary through the passage of an ordinance, provided said legislation may not take immediate effect; or 2. Establishment of an independent salary commission. While city council members are constitutionally barred from raising their own salaries for a current term, a decision of a salary commissions could take effect immediately. Either method may provide for annual increases to counter inflation. AUTHORITY AND ANALYSIS 1. General Legal Parameters for Setting Council Compensation. The Washington State Constitution provides sideboards for the methodology used to set compensation, either through independent ordinances or a salary commission. Article XI, Sec. 8 provides that the salary of any county, city, town, or municipal officers shall NOT be increased or diminished after his/her/their election, nor during the term of office. In essence, this provision means that no sitting city legislative body may pass an ordinance or provision which would either increase or decrease the compensation of its own members, because the change would not take place until the following subsequent legislative term. The portion regarding elections also makes it so that a sitting municipal legislative body cannot pass a lame -duck ordinance affecting the salaries of incoming, elected officials. Article XI, Sec. 8's language effectively requires a city council or similar body to pass an ordinance affecting their own compensation before an election if they wish for it to take effect the following term, at the earliest. IMANAGE\366922\0001\10635370.v 1-3/17/23 Inslee Best Doezie & Ryder P.S. Main: 425.455.1234 Fax: 425.635.7720 insleebest.com Page 9 of 26 Back to Agenda Page 2 of 3 However, Article XXX, Sec. 1 of the Washington State Constitution impacts the ability of local officials to adjust salaries. Here, the section provides that "[t]he compensation of all elective and appointive state, county, and municipal officers who do not fix their own compensation ... may be increased during their terms of office to the end that such officers and judges shall each severally receive compensation for their services in accordance with the law in effect at the time the services are being rendered" (emphasis added). In short, this addition to the state constitution allows the salaries of local officials to be raised so long as that determination comes from a separate source. Examples would be the city council approving a raise for a city clerk, or an independent salary commission approving additional compensation for city council members themselves (so long as the council had no influence on the raise). As a mayor -council city, Port Orchard's city council has the power to pass an ordinance amending the salaries of its city commission under RCW 35A.12.070. Any adjustment to the city council's salary via this method would not take effect until the following subsequent legislative term, regardless of whether it is an increase or decrease. 2. Optional Salary Commission As an alternative to the traditional method of setting council compensation, pursuant to RCW 35.21.015 the City may establish an independent salary commission via an ordinance. The scope of the delegation of authority must be stated in the ordinance and where the council has delegated salary setting to a salary commission, they cannot act in derogation of that delegation unless and until the commission has been dissolved. The members of the commission: • Are resident volunteers selected by the mayor, with the confirmation of the city council; • Serve for appointments not longer than two terms; • May be removed during their terms of office for incapacity, incompetence, neglect of duty, malfeasance, or a disqualifying change of residence; and • May not be an officer, official, or employee of the city or town, or any of their immediate family members. The commission's work is facilitated by staff who are required to provide the commission with all requested data and information relevant to their analysis. Commissions typically meet no more than once per year. Commission members may file any change in salary with the city clerk after membership is decided, and the change shall be incorporated into the city budget without further action, provided a salary decrease shall only take effect as to incumbent city elected officials at the beginning of their next subsequent term of office. Note that salary commissions, as with all city -initiated workgroups staffed by resident volunteers, can sometimes be challenging to fill. Additionally, anecdotal data indicates that there is a substantial burden on staff to facilitate the commission's meetings and collect, prepare and present the requested data. Among the agencies currently utilizing salary commissions to set council compensation are Bainbridge Island, Poulsbo, Bellingham, Auburn, Puyallup, and Kent. Notably, the City of Lynnwood created a salary commission in 2019, only to disband it 2021, citing as bases IMANAGE\366922\000 1\1 0635370.v 1-3/17/23 Page 10 of 26 Page 3 of 3 for disbanding the significant staff time involved with the commission as well as a desire to ensure that council compensation was high enough to encourage more community members to run for office. 3. Optional Automatic Salary Increase By Ordinance Alternatively, the City may also institute an automatic annual pay increase for councilmembers to combat inflation or economic factors. Generally, there is nothing that prohibits such a provision so long as it complies with the statutory and constitutional requirements above. If passed by an action of the city council themselves, it could take effect as early as the following subsequent terms of the members, and a salary commission could institute it immediately (potentially subject to a referendum by the people). An example of this approach is the City of Bellingham: "A. Effective January 1, 2013, the annual salary for members of the city council shall be calculated as follows: 1. January 1, 2013, $1,893 per month; 2. The annual salary for council members shall increase annually by three percent, beginning January 1, 2014." IMANAGE\366922\000 1\1 0635370.v 1-3/17/23 Page 11 of 26 Back to Agenda City of Port Orchard -= Work Study Session Executive Summary `yam■�� IIIAI _'a Issue Title: Report on Forthcoming Enforcement Code Amendments Meeting Date: March 21, 2023 Time Required: 15 Minutes Attendees: City Attorney Archer and Nick Bond (DCD/Code Enforcement) Action Requested At This Meeting: Receive briefing on upcoming proposed amendments to Port Orchard Municipal Code (POMC) Chapter 2.64 (Code Enforcement Officer), Chapter 9.30 (Nuisances) and Title 20 (Unified Development Code) to harmonize enforcement and appeal procedures for code enforcement. Issue: Staff has been working on amendments to the Port Orchard Municipal Code and, in particular, the provisions therein that set forth the means and methods for enforcement of the POMC. This report will focus on the forthcoming amending ordinance. Background: The City Council, exercising its police powers, has adopted various regulations with a variety of enforcement mechanisms all set out in the municipal code. The POMC and all regulations incorporated therein by reference (such as the International Fire Code, International Building Code, etc.) set out applicable enforcement process, penalty and administrative appeal procedure (if any). Staff are undertaking an effort to audit these provisions to identify appropriate amendments to add clarity, avoid duplication, and remove outdated provisions. Relationship to Comprehensive Plan: N/A Recommendation: Receive briefing and provide feedback. Attachments: Chart of Existing Procedures/Penalties/Appeals Page 12 of 26 Back to Agenda POW Infraction or Civil Penalty Criminal Penalty Appeal Procedure/Notes 1.04 — Code Misdemeanor General POMC penalty, unless s ecified otherwise. 2.64 — Code Enforcement Officer - Nuisance $250 - Zoning $150 - Sign Code $250 - Conditions of Land Use Reclass. $150 - Special Use Permit Conditions $150 - Variance Conditions $150 - Final Plat Conditions $150 - Stormwater Management $100-$1,000 - Shoreline Management $10045,000 - Critical Areas $100-$1,000 - Commercial Vehicle Parking $250 - Not otherwise specified $100 $500 (limited to every 30 days for License issuance, denial, suspension, 5.12 — Business License operation without license) U p to $1,000. Each day is a violation. revocation by license officer. Appeal License officer may vary penalty, based to Council, then Superior Court. on various criteria. 5.20 — Cabarets Up to $500 and/or 6 months in jail. License issued, cancelled, revoked by City Clerk. Appeals per POMC 5.12. 5.22 — Admissions Tax Misdemeanor up to $500, "in addition to civil penalties that may be imposed." 5.28 — Gambling Up to $300 fine and/or 90 days in jail. 5.32 — Circuses and Carnivals Up to $300 fine and/or 90 days in jail. City Council issues & denies license. 5.36 — Junk Dealers Revocation by City Council. 5.40 — Pawnbrokers Gross Misdemeanor Suspension/revocation by City Council. Appeal to Superior Court. 5.44 — Peddlers & Hawkers 5.56 —Taxicabs No license Offense $500 2 Offense — 0 3' or more - Misdemeanor "Repeated violations" — revocation by Other violations — $225050 / 5 days Suspended or no WDL — Gross Misd. resolution of City Council. 5.60 — Fireworks (sales) Misdemeanor Enforced by fire authority Back to Agenda POW Infraction or Civil Penalty Criminal Penalty Appeal Procedure/Notes 5.80 — Sales or Use Tax Misdemeanor 5.94 — Special Events Class 2 ($125) infraction per RCW 7.80 5.96 — Temporary Vendors "Class 1 infraction" - $250 Revocation by City Clerk. Appeal per POMC 5.12. Suspension/revocation — Hearing 5.97 — Tow Companies before "administrative hearing officer who shall be the judge... of the Port Orchard Municipal Court. 6.04 — Garbage and Refuse Collection violation - $500 Rubbish violation — Misdemeanor 6.12 — Trees and Shrubs Misdemeanor — $300 and/or 90 days. Nuisance — Abate — Council hearing. 6.20 — Plastic Bag Reduction "Class 1 infraction" per 2.64. 1st Offense — 40, 2nd Offense w/in 1 7.04 — Animal Control ear— 75, 3' or more —100. 7.06 — Dangerous Animals 40, 75, 100 Misdemeanor 7.10 — Exotic Animals Misdemeanor — $250 and/or 90 days. 7.12 — Animals (Licenses) 40, 75, 100 7.30 — Violations (Title 7) 300 unless otherwise specified. 9.02 — General Provisions Misdemeanor unless otherwise s ecified. 9.22 — Alarm Systems 200 Misdemeanor 9.24.050 — (Offenses Against Public 250 Order) — Public Disturbance Noises 9.30 - Nuisances Per POMC 2.64. Misdemeanor 9.34 — Littering Discarding potentially dangerous litter Littering, posting notices, distributing — Class 1($250) per RCW 7.80. handbills — Misdemeanor 9.44 — Smoking Prohibited in Public 100 Places and Places of Employment 9.46 — City -owned Docks and Piers 100 9.57 — No Marijuana Use in Public Class 3 ($50) per RCW 7.80. 9.60 — Park Rules Class 3 ($50) per RCW 7.80. 10.12 — Parking, Standing, and Stopping Class A - $20, Class B - $30, 10.12.430 — classes of infraction for Class C - $100 traffic and parking infractions 10.13 —Parking of Commercial Vehicles 250 rl 0. 14 — Res. Parking Permit System Class 2 ($125) per RCW 7.%. Back to Agenda POMC Infraction or Civil Penalty Criminal Penalty Appeal Procedure/Notes 10.30 — Bicycle Safety and Helmets Per RCW 7.80 (class?) up to 25 "exclusive of statutory assessments" 10.50 — Golf Cart Zone $50 10.60 — Fire Lanes $250 10.62 — Weight Limits Misdemeanor 10.66 — Snow Routes Misdemeanor 10.86 — Commute Trip Reduction Class 1 ($250) per RCW 7.80 10.88 — Boating Provisions $500 12.12 — Sidewalk Maintenance Misdemeanor — $500 and/or 6 months. 12.16 — Undergrounding of Utilities $1,000 12.24 — Street Use Permits Nuisance abatement per RCW 7.48. 13.04 — Water and Sewers $5,000 civil penalty - appealable to City Council 15.28 — Fire Hydrant Installation Misdemeanor — 250 15.30 — Illicit Discharge Detection and "Class IIt Offense — Misdemeanor. Elimination 1" per POMC 2.64. Subsequent offenses in 5 years — Gross Misdemeanor 20.02 — Administration and Enforcement Per POMC 2.64. Misdemeanor. Per POMC 20.02. 20.68 Accessory Dwelling Units Per POMC 20.02. Falsely attesting owner residency — Gross Misdemeanor - $5,000. 20.82 — Administration and Enforcement Per POMC 20.02. Misdemeanor / Gross Misdemeanor. Division of Land 20.172 — Hazardous Materials Facility "Civil fine" - $500 Warning System 20.204 — Fire Prevention Code $250 Misdemeanor. 20.208 — Building Numbers Min. $25 — Max. $100 20.212 — Dangerous and Unfit Dwellings, $250 Misdemeanor. Buildings, and Structures RCW Class 1 — $250 Not including statutory assessments, 7.80 — Civil Infractions Class 2 — $125 Class 3 — $50 which equal 105% & may not be Class 4 — $25 reduced. Page 15 of 26 Back to Agenda City of Port Orchard -= Work Study Session Executive Summary `yam■�� IIIAI _'a aR_- Issue Title: Updated procedures for response to Unauthorized Trespassing/Camping on Public Property Meeting Date: March 21, 2023 Time Required: 30 Minutes Attendees: City Attorney Archer, Nick Bond (DCD/Code Enforcement), Chief Matt Brown (Police), Debbie Lund (HR) and Tony Lang (PW) Action Requested At This Meeting: As follow-up to previous Council Actions, Staff are providing a report on updated procedures by which Staff respond to illegal dumping and unauthorized camping on public property. Issue: Pursuant to Port Orchard Municipal Code (POMC) 6.04.090, 9.60.130, 9.30.020, 10.12 and 12.24.030, the City regulates the use of public property, for property that is open and closed to public. In 2022, Staff was tasked to develop uniform procedures, in conjunction with existing applicable City and departmental procedures, to implement existing codified regulations to balance the public health and safety concerns of neighborhood residents as well as people experiencing homelessness. The procedures call for the removal unauthorized encampments and associated garbage and debris from City of Port Orchard property and, where applicable, temporarily storing personal property in a manner that is consistent with local, state and federal laws. The procedures were presented to the Council in September 2022, and implemented by staff in the winter of 2022/23. This update reflects modifications recommended following implementation, as well as modifications triggered by recent case law (note: memo regarding case law provided by City Attorney, under privilege). Background: The City of Port Orchard has received complaints from residents of Port Orchard regarding the illegal dumping of garbage and debris in conjunction with active and abandoned unauthorized encampments on public property including roadsides, open streets and greenbelts. Illegal dumping and unauthorized camping impact the community by affecting public health, safety, land values, quality of life, and the environment. The City prohibits illegal dumping of junk, garbage and debris on public property as a threat to the public safety and health. Unlawful dumping and associated camping pose harm to public property through such activities as the use of open and uncontrolled flames and urination/defication without adequate sanitation. Similarly, unauthorized camping on public property creates environmental hazards and quality -of -life issues for adjacent neighborhood residents, as well as for the encampment residents themselves. Critical areas, including Page 16 of 26 Back to Agenda wetlands, streams, fish and wildlife habitat and associated steep slopes, are often utilized for encampment purposes because of their remoteness, vegetation that can provide privacy, and access to running water. However, unlawful camping in these areas create unsanitary and dangerous conditions for the individuals camping and the important environmental resources present. For example, staff recently cleared an encampment located on Bethel Avenue that was negatively impacting the adjacent fish -bearing stream. The City partners with the Kitsap County HEART Team to ensure that prior to and during enforcement of the City's regulations, the individuals are provided assistance to help them obtain alternative shelter, to temporarily store belongings, and to address any relevant underlying conditions that may have led to the individual violating the City's regulations. In addition, the Mayor has negotiated with a local motel to obtain vouchers for emergency housing located within the City as a back-up to those services provided through the HEART program. Relationship to Comprehensive Plan: Chapter 4 - Parks Recommendation: Receive briefing and provide feedback on procedure. Attachments: [Draft] Procedures for Response to Unauthorized Trespassing/Camping on Public Property Page 17 of 26 Back to Agenda Purpose: The City of Port Orchard has received complaints from residents of Port Orchard regarding the illegal dumping of junk, garbage or debris in conjunction with active and abandoned unauthorized encampments on public property including roadsides, open streets and greenbelts. Illegal dumping and unauthorized camping may impact the community by affecting public health, safety, land values, quality of life, and the environment. The City prohibits illegal dumping of junk, garbage and debris on public property as a threat to the public safety and health. Similarly, unauthorized camping on public property creates environmental hazards and quality -of -life issues for adjacent neighborhood residents, as well as for the encampment residents themselves. The City desires to adopt uniform procedures, in conjunction with existing applicable City and departmental procedures, to implement existing codified regulations, which balance the public health and safety concerns of neighborhood residents as well as people experiencing homelessness. These were prepared by staff to establish uniform procedures for removing unauthorized encampments and associated junk, garbage or debris from City of Port Orchard property and, where applicable, temporarily storing personal property in a manner that is consistent with local, state and federal laws. Applicable Authorities: These procedures are intended to implement the following regulations adopted by the Port Orchard City Council: Port Orchard Municipal Code (POMC) 6.04.090 — Burning or dumping — Generally. POMC 9.60.130 — Camping prohibited. POMC 9.30.020 (18) — Nuisance, Obstructing pedestrian or vehicle access POMC 9.30.020 (14) — Nuisance, Junk vehicles POMC Chapter 10.12 — Parking, Standing and Stopping POMC 12.24.030 (1) — Street use permit, nuisance Definitions: These definitions, consistent with the above authorities, apply to these procedures: "Abandoned or Unauthorized vehicle" means a vehicle that is subject to impoundment after being left unattended on public property, as set out in POMC 10.12.440. "Encampment" means two or more tent(s), structure(s), or assembly of camping equipment or personal property located in an identifiable area within the City of Port Orchard which appears to a reasonable person as being used for camping. Active encampments do not include sites a reasonable person would conclude are no longer in use for camping because remaining materials are garbage, debris, or waste. "Emergency Housing" means temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless, including but not limited to an emergency shelter, rental, hotel or motel, located within the City of Port Orchard. Page 18 of 26 Back to Agenda "Hazard" means any discarded, useless, unwanted, or abandoned substances, including but not limited to chemicals, pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a present or potential hazard to human health, wildlife, or the environment. "Immediate hazard' means the dumping of junk, garbage or debris that creates a risk of serious injury or death to others, including but not limited to items left on roadways, shoulders and other areas exposed to moving vehicles, and landslide -prone areas. "Obstruction" means personal property, garbage, debris or other objects that are: in a City park or on a public sidewalk; interfere with the pedestrian or transportation purposes of public rights -of -way; or interfere with areas that are necessary for or essential to the intended use of a public property or facility. "Junk" and "garbage" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials. "Personal property' means an item that: is reasonably recognizable as belonging to a person; has apparent utility in its present condition and circumstances; and is not hazardous. Examples of personal property include but are not limited to identification, personal papers and documents, tents, bicycles, radios and other electronic equipment, eyeglasses, prescription medications, photographs, jewelry, crutches, and wheelchairs. Personal property does not include building materials such as wood products, metal, pallets, or rigid plastic. The relevant staff member will determine whether an item is personal property, and in cases when the status of an item cannot reasonably be determined in the staff member's judgment based on the totality of the circumstances, the staff member will treat the item as personal property under these procedures. "Public Health and Human Services Partners" means the Kitsap County HEART Program Coordinator, Kitsap Community Resources, Housing Kitsap, and similar agencies that operate within the City to provide health and human services for the unhoused residents. "Recreational vehicle" means a vehicular -type unit primarily designed for recreational camping or travel use that has its own motive power or is mounted on or towed by another vehicle. The units include travel trailers, fifth -wheel trailers, folding camping trailers, truck campers, and motor homes. "Street" means any highway, lane, road, street, right-of-way, boulevard, alley, and every way or place in the city that is publicly owned or maintained for public vehicular travel. "Vehicle" means the same as such is defined in RCW 46.04.670. Exclusions from Procedures: These procedures do not apply to the following situations: 1. These procedures do not apply to the illegal dumping of junk, garbage or debris or vehicles on private property owned by the reporting party, or property owned by an institutional or public agency other than the City. Page 19 of 26 Back to Agenda If a reporting party notifies an employee that they have been the victim of illegal dumping on private property owned by the reporting party, the employee should: Advise the reporting party to contact 911 if they believe the situation creates an immediate danger to life, health, or the environment. If the reporting party states the condition does not create an immediate danger, the employee should refer the reporting party to a list of resources available on the City's website and to the Kitsap Public Health District (the district maintains vouchers for the disposal of illegally dumped solid waste). 2. These procedures do not apply to illegal dumping of junk, garbage or debris or vehicles or illegal camping reported by a resident on private property that the reporting party does not own/lease, the employee should direct the reporting party to contact the City's Code Enforcement Officer. This matter is handled pursuant to Community Development Departmental procedures as an open enforcement case, on a resources -available basis. A site inspection, with the property owner's permission, may occur in conjunction with representatives of the Police Department and/or Public Works Department, as appropriate. 3. This policy does not apply to the illegal dumping of junk, garbage or debris on public property that is not associated with an active encampment, which are collected and disposed of by Public Works Department in accordance with Public Works Department Departmental procedures. Procedures: 1. Abandoned Personal Property: Consistent with the above referenced authorities, staff will utilize the following procedures (in conjunction with applicable City and departmental procedures) to respond to the dumping of personal property in the right of way or on City -owned property. 1.1. Upon receipt of a report of illegal dumping of personal property on City -owned property or street, the reporting party should be directed to the Public Works Department for investigation of the report, in conjunction with the Police Department.' 1.1.1. If there are no signs of an active encampment but personal property is present, Public Works Department may dispose of all junk, garbage and waste. 1.1.1.1. Public Works Department may separately collect personal property and store for seventy-two (72) hours. During the seventy-two (72) hours, Public Works Department will contact the Police Department. If an owner for the personal property can be located, the City will attempt to connect the owner to the personal property. If no owner can be located or the owner does not collect the items within seventy-two (72) hours from the date the items were collected, Public Works Department may dispose of the personal property, in accordance with department policy. 1 Public Works and Police may establish a routine (quarterly) meeting to discuss potential encampment sites and any hazards posed by the potential encampment site to city employees. This conference should occur prior to the site inspection, if feasible. Page 20 of 26 Back to Agenda 1.1.2. If there are signs of an active encampment, Public Works Department should refer the report to the Code Enforcement Officer. See procedures for Camping/Encampment. 2. Unlawfully Parked Vehicles/Recreational Vehicles: Consistent with the above referenced authorities, Staff will utilize the following procedure (in conjunction with applicable City and departmental procedures) for responding to the unlawful dumping of vehicles, including Recreational Vehicles (RVs) or campers, in the right of way or on City -owned property: 2.1.Opened Right of Way. Upon receipt of a report of an abandoned or inoperable vehicle, including a Recreational Vehicle (RV) or camper, and associated dumping of junk, garbage or debris on an opened street, the report should be directed to the parking enforcement officer who will evaluate the situation for violations of the City's parking code. Parking Enforcement may issue citations in accordance with the POMC and Department procedures. 2.1.1. If the abandoned or inoperable vehicle is abandoned and there are no signs of habitation, after issuance of citations, the parking enforcement officer should: (1) contact Public Works Department for collection and disposal of all junk, garbage or debris surrounding the vehicle; and (2) contact the Police Department for impound of the vehicle, pursuant to Police Department procedures. 2.1.1.1. If it is unclear whether the vehicle is being used for habitation, the parking enforcement officer in conjunction with Public Health and Human Services Partners should supply information regarding available public services to the occupants of the vehicle and should contact the Police Department for follow-up. 2.1.2. If the abandoned or inoperable vehicle shows signs of habitation, the parking enforcement officer should supply information regarding available public services to the occupants of the vehicle in conjunction with issued citations. After the issuance of citations, the parking enforcement officer should contact the Police Department for impound of the vehicle, pursuant to Police Department procedures. 2.1.2.1. The Police Department should attempt to contact the owner(s) and/or occupants of the vehicle and provide information regarding available public services. If no contact occurs after multiple attempts, the Police Department may have the vehicle impounded, pursuant to Police Department procedures. Information identifying available public services or emergency housing shall be provided to the owner(s) and/or occupants and/or affixed to the vehicle at least twenty-four (24) hours prior to the scheduled impound. 2.1.2.2. Staff should contact Public Works Department for collection and disposal of all junk, garbage or debris surrounding the vehicle at the time of impound. If the volume of junk, garbage or debris exceeds the capacity of Public Works Department, staff should contact the City's on -call waste disposal contractor. If the contents include hazardous materials, staff should contact Kitsap Public Health and/or South Kitsap Fire and Rescue. Page 21 of 26 Back to Agenda 2.2. City -owned Property Other than Right of Way. Upon receipt of a report of an abandoned vehicle, including a Recreational Vehicle (RV) or camper, and associated dumping of junk, garbage or debris on City -owned property other than an opened street, the report should be directed to the Code Enforcement Officer who will evaluate the situation for violations of the City's municipal code. 2.2.1. If the vehicle is abandoned and there are no signs of habitation, after issuance of citations, the Code Enforcement Officer should: (1) contact Public Works Department for collection and disposal of all junk, garbage or debris surrounding the vehicle; and (2) contact the Police Department for impound of the vehicle, pursuant to Police Department procedures. 2.2.1.1. If it is unclear whether the vehicle is being used for habitation, the Code Enforcement Officer should supply information regarding available public services to the occupants of the vehicle and should contact the Police Department for follow-up. 2.2.1.2. The Police Department should attempt to contact the owner(s) and/or occupants of the vehicle and provide information regarding available public services. The Police Department may then have the vehicle impounded, pursuant to Police Department procedures. 2.2.1.3. Information identifying available public services shall be provided to the owner(s) and/or occupants and/or affixed to the vehicle at least twenty-four (24) hours prior to the scheduled impound, including referral to available shelter. 2.2.1.4. Staff should contact Public Works Department for collection and disposal of all junk, garbage or debris surrounding the vehicle at the time of impound. If the volume of junk, garbage or debris exceeds the capacity of Public Works Department, staff should contact the City's on -call waste disposal contractor. If the contents include hazardous materials, staff should contact Kitsap Public Health and/or South Kitsap Fire and Rescue. 3. Unlawful Camping/Encampments: Consistent with the above referenced authorities, Staff will utilize the following procedure (in conjunction with applicable City and departmental procedures) for responding to a report of unlawful camping on City -owned property. Upon receipt of a report of unlawful camping and associated dumping of junk, garbage or debris on City -owned property, the report should be directed to the Public Works Department. In conjunction with the Police Department,2 Public Works Departmentwill conduct an initial evaluation of the report. See attached Initial Site Evaluation Form. 3.1. Emergency Clean-up: If a vacant active encampment presents an emergency and imminent hazard to public health and safety (as determined in consultation with the City Attorney), the Public Works Department should post a Notice of Emergency Order to Vacate and remove items present. Junk, garbage, and waste may be disposed of in accordance with department z Public Works and Police may establish a routine (quarterly) meeting to discuss potential encampment sites and any hazards posed by the potential encampment site to city employees. This conference should occur prior to the site inspection, if feasible. Page 22 of 26 Back to Agenda policies. Personal property should be stored for no less than sixty (60) days, and staff should attempt to contact the personal property's owners during that time. 3.2. Abandoned Encampment: If the site is vacant and does not contain: (1) evidence of an active encampment; or (2) personal property, Public Works Department may immediately dispose of the dumped materials pursuant to department procedures. If the volume of junk, garbage or debris exceeds the capacity of Public Works Department, staff should contact the City's on -call waste disposal contractor. If the contents include hazardous materials, staff should contact Kitsap Public Health and/or South Kitsap Fire and Rescue. 3.2.1. If the site is vacant and there are no signs of an active encampment, but personal property is present, Public Works Department should refer to procedure for Abandoned Personal Property. 3.3.Occupied Encampment: An encampment is considered "occupied" if staff observes evidence of an active encampment, including people, recently used items, food, etc., or there is collateral evidence confirming the encampment is occupied (such as information from Public Health and Human Services Partners. An encampment may be considered "occupied" even if there are no people present at the time of staff's inspection of the encampment. 3.3.1. In conjunction with Public Works Department, Police Department, clean-up vendors (if any) and Public Health and Human Services Partners, the Code Enforcement Officer should schedule an encampment clean-up date. If, in the opinion of the Public Works Director or designee, the size and scope of the encampment exceed the capacity of the Public Works Department, the City's on -call clean-up vendor should be contacted. 3.3.1.1. Prior to the scheduled clean-up, the Code Enforcement Officer should facilitate an initial evaluation meeting with all participating departments and partners to determine if the occupants of the encampment are known, so as to better facilitate access to services and an expeditious clean-up. 3.3.1.2. The Code Enforcement Officer should reach out to Public Health and Human Services Partners to coordinate outreach to encampment occupants to provide available services, with the goal that outreach occur early in the process and with some frequency. 3.3.2. Noticing: The Code Enforcement Officer is tasked with preparing all notices required under this policy. Notices should be posted in publicly visible and noticeable location at the encampment and may also be affixed to all tents/structures present on the property. If needed, posting should be coordinated with the Public Works Department and Police Department. Notices should include information directing those present to available services. 3.3.2.1. Once scheduled, the Code Enforcement Officer should prepare and post an initial notice of clean-up. The Notice shall provide at least fourteen (14) days advance notice of the clean-up. Page 23 of 26 Back to Agenda 3.3.2.2. The Code Enforcement Officer should prepare and post a second notice of clean- up. The second notice of scheduled clean-up shall be posted at least seven (7) days prior to the clean-up and should meet the criteria of the first notice. 3.3.2.3. The Code Enforcement Officer should prepare and post a twenty-four (24) hour notice immediately prior to the clean-up. During that posting, the Code Enforcement Officer should provide information regarding Emergency Housing to those present. 3.3.3. Clean-up Event: The Code Enforcement Officer, Public Works Department, and Police Department, in conjunction with Public Health And Human Services Partners and any on - call remediation vendors shall perform the camp/encampment clean-up on the date scheduled. The clean-up should include the following: 3.3.3.1. If available, Public Health And Human Services Partners should be offered the opportunity to perform outreach to the occupants of the encampment immediately prior to the clean-up event (same day as clean-up). 3.3.3.2. All remaining occupants should be notified by uniformed members of the Police Department of the need to vacate. Officers should offer Emergency Housing and transport to those present. 3.3.3.3. Once the site is vacant of all occupants, junk, garbage and waste may be disposed of. Personal property should be collected by the Public Works Department and/or on -call vendors. and stored for no less than sixty (60) days, and staff should attempt to contact the personal property's owners during that time. 3.3.3.4. Following the clean-up event, the Police Department and Public Works Department may utilize methods to limit the re-establishment of camping/the encampment, including fencing, trimming of vegetation, etc. Page 24 of 26 Back to Agenda INITIAL SITE INSPECTION REPORT FOR UNLAWFUL CAMPING AND ASSOCIATED DUMPING Date of Report: Report Received By: Report Received From: Location of Reported Dumping/Unauthorized Encampment: Site Inspection Conducted On: Location of Site Inspection in relation to location of dumping/unauthorized encampment Observed Conditions (check all that apply): ❑ Signs of habitation, including one or more tent, structure, or assembly of camping equipment. o If yes, is the tent/structure secured? Yes/No ❑ Personal Property ❑ Garbage, rubbish, or ashes, ❑ Industrial wastes, swill, sewage sludge, ❑ Demolition and construction wastes ❑ Abandoned vehicles or parts thereof (if yes, copy of report to Parking Enforcement) ❑ Human waste or hazardous materials/fluids Are there people present? Yes/No • If yes, how many people were observed: Page 25 of 26 Back to Agenda NOTICE TO VACATE UNAUTHORIZED ENCAMPMENT All occupants are hereby ordered to vacate the unauthorized encampment at address/location: (the "Property"). Pursuant to Port Orchard Municipal Code (POMC) 9.30.060 and POMC 6.04.090, you are ordered to vacate the above publicly -owned land, as the POMC prohibits: ❑ Storage of personal property in a park, right of way or any publicly owned parking lot or publicly owned area ❑ Vehicle habitation for a period of more than 24 hours in a park, right of way or any publicly owned parking lot or publicly owned area ❑ POMC 6.04.090 Burning or dumping — Generally. ❑ POMC 9.60.130 Camping prohibited. ❑ POMC 9.30.020 (18) — Nuisance, Obstructing pedestrian or vehicle access ❑ POMC 9.30.020 (14) — Nuisance, Junk vehicles ❑ POMC 12.24.030 (1) — Street use permit, nuisance You are hereby provided notice that any continued violation(s) may result in the issuance of civil infraction(s), and/or notice of criminal trespass, as well as the disposal of all junk, garbage and debris present at the Property, removal of all personal property at the Property, and impounding of your vehicle (if any). You are ordered to comply as follows: ❑ You have _ hours to vacate and remove all property, including your personal property and/or vehicle ❑ You must immediately vacate due to the following imminent safety concerns: Shelter services are available by contacting: I acknowledge and represent that I have read the foregoing. Signed this day of , 2022 at , Washington. Signature: Printed Name: Date/time of posting: Location of Notice posted: Posting Official: Page 26 of 26