019-20 - Ordinance - City Council Meeting Locations Ratifying Use of Video Conferencing and Telephonic MeetingsoRDINANCE NO.019-20
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO CITY coUNClL MEETING LOCATIONS; RATIFYING USE OF
VIDEO CONFERENCING AND TETEPHONIC MEETINGS; AMENDING PORT
ORCHARD MUNICIPAL CODE SECflON 2.O4.OTO PERTAINING TO MEETING
PLACE; PROVIDING FOR SEVERABILITY; ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, on February 29,202A, the Governor of the State of Washington proclaimed
State of Emergency in Washington due to the spread of the novel coronavirus COVID-19; and
WHEREAS, that proclamation was immediately followed by directives from the World
Health Organization, President of the United States, and federal, state, and local health officials,
confirming the existence of a pandemic threatening public health and safety; and
WHEREAS, on March L6,2020, the Mayor of Port Orchard issued a Proclamation of Local
Emergency, and that proclamation was ratified bythe City Council; and
WHEREAS, Governor lnslee prohibited large gatherings of the public since March LL,2020
(Proclamation No. 20-071, and on March 23, 2020, ordered all Washington residents to cease
leaving their home or place of residence, except for limited purposes; and
WHEREAS, on March 24, 2020, Governor lnslee issued Proclamation 20-28, stating that
the City is "prohibited from conducting a public meeting subject to RCW 42.30 unless (a) the
meeting is not conducted in-person and instead provides an option(s) for the public to attend the
proceedings through, at minimum, telephonic access, and may also include other electronic,
internet or other means of remote access, and (b) provides the ability for all persons attending
the meeting to hear each other at the same time"; and
WHEREAS, since that date, Governor lnslee has issued Proclamations20-2&.2through 20-
28.7, cumulatively extending the prohibition against in-person public meetings until 11:59 p.m,
on August 1,2020; and
WHEREAS, on May 3t,2020, Governor lnslee issued the "Safe Start" county-based phased
reopening plan, which prohibited gatherings of any number of people for those counties in Phase
L, and prohibited gatherings of six or more for those counties in Phase 2; and
WHEREAS, from May 4,2020 to May 27 ,2A2O, Kitsap County and the City of Port Orchard
were in Phase 1of the Governor's Safe Start plan; and
WHEREAS, beginning May 28, 2020, Kitsap County and the City of Port Orchard have been
in Phase 1 of the Governor's Safe Start plan, as modified by the Governor's subsequent related
orders, all of which prohibit gatherings of people larger than five (5); and
Ordinance No,019-20
Page 2 of4
WHEREAS, in accordance with direction from the Governor, the Mayor declared that
public meetings of the City, including City Council Regular and Special Meetings, Committee
Meetings, public hearings, and any other meetings involving gatherings of the public, should be
conducted remotely, with provision for the public to attend by, at a minimum, telephone; and
WHEREAS, on March L7,202A,the City Council meetingwas conducted partially in-person
and partially by ZOOM, with a telephone call-in option available, in an attempt to provide a
method for the Councilmembers, City staff and public to attend either in person or virtually if
concerned about the proliferation of COVID-19; and
WHEREAS, beginning on April L4, 2020, City Council regular, special and committee
meetings have been conducted virtually, via Zoom, with a telephone call-in option available, and
these meetings have been timely noticed to provide the public with the call-in number and
information to attend the meeting virtually; and
WHEREAS, Governor lnslee, the CDC and other state and local health officials have
projected that continued limitations on gatherings of persons not of the same household are
necessary to prevent the spread ofthe disease; and
WHEREAS, the City Council finds that it is in the best interest of the public health and
welfare, to ratify the use of virtual meetings during this pandemic and allow for virtual meetings
in the future when required by the Governor andfor recommended by state and local health
officials; now, therefore,
THE C|TY COUNCTL OF THE CtrY OF PORT ORCHARD, WASHTNGTON, DO ORDATN AS
FOLLOWS:
SECTION 1. Findings and Recitals. The recitals set forth above are hereby adopted and
incorporated as findings in support of this Ordinance.
SECTION 2. Ratification. The City Council hereby ratifies the conduct of meetings of the
City Council (including but not limited to regular, special and committee meetings) by video
conferencing with a telephone call-in option, in lieu of in-person meetings, for the period of April
t4,2A2O to July 28,2020, The Council hereby ratifies and affirms any act consistent with the
authority set herein and priorto the effective date of this Ordinance.
SECT ON 3. Amendment, Section 2.04.0IO of the POMC is hereby amended to read as
follows
2.O4,0LO Meeting time and place.
The city council shall hold a minimum of one meeting per month. The city council shall
determine the annual schedule for these meetings for the next calendar year no later than the
last regular business meeting of the preceding calendar year. Regular meetings are typically held
on the second and fourth Tuesdays, in the council chambers of City Hall or by video conferencing
Ordinance No. 019-20
Page 3 of 4
and telephone when required by federal, state or local officials and permitted consistent with
the Open Public Meetings Act, Ch. 42.30 RCW, commencing at the hour of 6:30 p.m, and
continuing to 9:30 p.m. To continue past the 9:30 p.m. adjournment time, a majority of the city
council must concur. The work study session meetings are typically held on the third Tuesday, in
the council chambers of City Hall or by video conferencing and telephone when required by
federal, state or local officials and permitted consistent with the Open Public Meetings Act, Ch.
4230 RCW, commencing at the hour of 6:30 p.m. The city council may select an alternate time
and/or place (other than City Hall, or video conferencing and telephone) for ef any regular or
work study session meeting if public notice of such meeting has been given pursuant to the
provisions of RCW 42.30.080 as now or hereafter amended. ln the event any scheduled meeting
falls on a holiday, the city councilshall meet on the next business day atthe same hour.
SECTION 4. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener's/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 5. Severability. lf any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall
not affect the validity of the remaining parts of this ordinance.
SECTION 5. Effective Date. This ordinance shall be published in the official newspaper of
the city and shall take full force and effect five (5) days after the date of publication. A summary
of this ordinance in the form of the ordinance title may be published in lieu of publishing the
ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested bythe City Clerk in authentication of such passagethis 28th dayof July 2020.
]L ^,ORobert Putaansuu, Mayor
RPATTEST:
s
Bra Ri MMC, City Clerk
Ordfnance No,019-20
Pase 4 of4
APPROVED FORM:
, clty
PUBLISHED:
EFFECTIVE DATE:
SPONSORED
Shawn Cucclardi,Councllmember
July 31,2020
August 5,2020