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03/15/00 AGENDA
CITY COUNCIL AGENDA MARCH 15, 2000 1. CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA A. Minutes of Meeting - March 8, 2000 #AB00-074 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. LEGISLATIVE REPORT 8. PUBLIC RECOGNITION 9. NEW BUSINESS A. Labor Agreement By and Between the City of Bremerton #AB00-075 And the Police Management Association 10. RESOLUTIONS A. Resolution No. 2746, Providing for the Submission of a #AB00-076 Proposition to Electors for the May 16, 2000 Special Election For a $16.5 Million Parks & Recreation Bond 11. PUBLIC HEARINGS - (6:00 P.M. or LATER) A. Ordinance No. 4697 (Second Reading) Vacating Peters Street #AB00-069 Right-of-Way from Poindexter Avenue to Humphrey Avenue B. Ordinance No. 4698 (Second Reading) Vacating 12"~ Street and #AB00-070 Two Alleys between Park and Elizabeth Avenues C. Ordinance No. 4699 (Second Reading) Vacating a Portion of #AB00-071 Shore Drive between Perry Avenue and Ironsides Avenue D. Ordinance No. 4700 (Second Reading) Vacating a Portion of #AB00-072 Chester Avenue from 11th Street, Northward 120 Feet 12. ADJOURNMENT OF MEETING AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: HAP, CH 15, 2000 ORIGINATING DEPT: CITY COUNClL MINUTES OF MEETING -- HAP, CH 8, 2000 ORIGINATOR: CAP,0L ARENDS, PERES t DENT DATE SUBMITTED: HAERCH 10, 2000 2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS: ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR: COUNCIL PRESIDENT: ~ ~"~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION: PULLED TABLED APPROVED DISAPPROVED AMiD _,~ COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: OO-- O-7~ 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT (continued): 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: TAPE #1692 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES March 8, 2000 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, March 8, 2000, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Jim Reed, David Farr, Mike Shepherd, Ed Rollman, John Law, Cecil McConnell, and Wayne Olsen. Council member Conrad Esser was absent. Also present were City Attorney Glenna Malanca, Deputy City Clerk Paula Johnston, and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council member Cecil McConnell, followed by the invocation given by Council President Carol Arend$. President Arends made the following announcements: (1) City Council held a Pre-Council Session to discuss general Council business in the Council Conference Room, followed by a 15-minute Executive Session from 5:10 to 5:25 P.M. to "Review Labor Negotiations" per R.C.W. Chapter 42.30.140. CONSENT AGENDA A. Minutes of Meeting - March 1, 2000 #AB00-062 #0035 M/S/C (McConnell/Olsen) Motion to approve Consent Agenda as presented. Vote on motion: In favor: Olsen, McConnell, Law, Rollman, Shepherd, Farr, Arends Abstained: Reed Motion carried. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0045 M/S/C/U (Law/McConnell) On March 8, 2000, the Council does approve for payment those vouchers included and further described as follows: 239214 through 239426 in the amount of $269,393.36; and Regular Payroll for the period ending February 29, 2000 in the amount of $661,427.46. COUNCIL MEMBER REPORTS David Farr encouraged citizens to attend the next combined District 6-7-8 Neighborhood Meeting on Monday, March 20, 2000, beginning at 7:00 P.M. at the Bremerton School Administration Office located at 134 N. Marion, in the Curriculum Library. Cris Gears, the City's Parks & Recreation Director, will provide a presentation on the "Proposed Recreation Center''; and Bob Dupree, Manager of Diamond Parking, will discuss "Parking Issues". Mike Shepherd announced the next District 5 meeting on Thursday, March 23, 2000, beginning at 6:30 P.M. at the Memorial Lutheran Church located at 10th & Veneta. Staff from the Parks & Recreation Department will provide an update on the "Evergreen Park Remediation & Expansion Project- Phase 2". On Saturday, March 16, 2000, he announced a booth sponsored by Camp Fire Boys & Girls would be open at the Kitsap Mall, from 10:00 A.M. to 9:00 P.M. in honor of "Absolutely Incredible Kid Day". Special stationery will be available to write any child a letter, letting him or her know how "incredible" they are! ...~ TAPE #1692 City Council Reg. Mtg. Minutes March 8, 2000 Page 2 of 8 John Law invited citizens from lower Manette to attend the monthly District 3 meeting next Tuesday, March 21, 2000, beginning at 7:00 P.M. at the Senior Center located at East 13'h & Nipsic. Several topics are planned for discussion, including the criteria for requesting a StreetLight, thoughts on plans for the old Manette school, and obtaining a consensus on the east-end access to the Manette Bridge. President Carol Arends announced a free public concert by the Navy Band Northwest "Cascade", who feature classic big-band hits as well as contemporary sounds from the 70's, 80's, and 90's, on Wednesday, March 22, 2000, beginning at 7:00 P.M. (doors open at 6:30 P.M.) at the Bremerton High School's Performing Arts Theater. The event will be hosted by AmeriCorp, the Washington Reading Corp, and the City of Bremerton, in celebration of reading children in our community. MAYOR'S REPORT Mayor Horton noted for those who think the City of Bremerton has done too many plans to redevelop downtown, that she recently received information from the City of Albuquerque, showing that they are currently working on their 32~'~ plan for revitalizing their downtown! She then introduced contestants for the Year-2000 Armed Forces Queen, and invited the public to attend the Pageant on Tuesday, April 11, 2000, beginning at 7:00 P.M. at the Bremerton High Performing Arts Center. President Arends acknowledged Georcjie Brewer in the audience tonight, who has been instrumental in the organizing of the Queen Pageants through the years. LEGISLATIVE REPORT An "Open Letter" from Robert Dollar, ©SH Representative of the International Federation of Professional & Technical Engineers (IFPTE), Local No. 12, was read into the record. The letter addressed to members of IFPTE, members of the community, PSNS, and the City of Bremerton, expressed thanks and appreciation to those who participated in the process of getting a new crosswalk sign installed at the intersection of Burwell and State Street. PUBLIC RECOGNITION Lynn Swanson, AmeriCorp Member and Volunteer Tutor in the Washington Reading Corp at West Hills Elementary School, thanked Mayor Horton and Parks Director Cris Gears for being "Volunteer Readers" at the recent "Reading Across America Event". She also thanked members of the Council for "keeping the City together", and expressed her appreciation for living in a community where she could get free quality entertainment, in a quality facility (referring to the free public concert by the Navy Band announced earlier). Susan Brown asked the status to the updates for the City Council Rules & Procedures. Mr. Shepherd responded that edits to the Rules were currently being typed, and a Study Session, which will be open to the public, would be scheduled soon to present the proposed changes. Don Larson, President of Kitsap Diving Association, presented information he obtained while on a recent trip to London and the United Kingdom, where an excellent system was in place for public transport connections, with many bed & breakfasts in easy-to-reach locations. He had a vision for Bremerton to offer similar bed & breakfast establishments within walking distance to Bremerton's own Transportation Center, and possibly a Youth Hostel in a currently-empty building to encourage international travel to the area. Neil Kort, Executive Director for the Bremerton Area Chamber of Commerce, reported that an "Information Booth" sponsored by the Chamber was placed on the boardwalk last year, and has since provided assistance to more than 30,000 visitors, from over 80 different countries. He thanked the City Council for providing funds from Hotel/Motel Tax income. TAPE #1692 City Council Reg. Mtg. Minutes March 8, 2000 Page 3 of 8 Elizabeth Buell thought it was a mistake for the City to place only the vote for the proposed recreation center on the Special Election ballot, without other measures to share in the cost. 9A - APPOINTMENT OF AILENE MUELLER TO THE PUBLIC ACCESS CITIZENS ADVISORY COMMITTEE, #AB00-063 Mayor Horton briefly discussed Ailene Mueller's qualifications, and recommended that she be appointed to fill the vacancy on the Public Access Citizens Advisory Committee. Mr. Law added that Ms. Mueller has been very active and supportive throughout the community. There were no comments from the public. #0711 M/S/C/U (Law/Fart) Motion to confirm the appointment of Ailene Mueller to the Public Access Citizens Advisory Committee. 9B - EMERGENCY PURCHASE OF GATE VALVES AND FLOW MEASUREMENT SYSTEM FOR WASTEWATER PUMP STATION CE-l, #AB00-064 Gene Sam.Dley, Director of Public Works & Utilities, requested authorization for the emergency purchase of 2 gate valves and a flow measurement system for wastewater pump station CE-I. The gate valves that control the cross-channel wastewater flow from East BremertOn to Pump Station CE- 1 were not functional and had to be removed. Currently flow is restricted by debris in the cross- channel siphons and it is necessary to replace these gates prior to completing cleaning operations of this piping. Flow measurement equipment is also necessary to be able to regulate the flow by these gate valves. The necessary gate valves and measurement system are available from Plastic Fabrication, Inc. in the amount of $30,078.00 plus applicable taxes. He provided the planned action, and requested that City Council approve the emergency purchase of this equipment. There were no comments from the public. Mr. Shepherd asked when the gate valves were removed. Mr. Sampley responded these valves established the flow, and were removed last year due to corrosion. The conditions of the channels (siphons) were not known at that time, and there is now concern that the current flows into CE-1 must be controlled before the channels can be cleaned. #0824 M/S/C/U (FardReed) Motion to approve the emergency purchase of two (2) gate valves and a flow measurement system for wastewater pump-station CE-1 from Plastic Fabrication, Inc. in the amount of $30,078.00, plus State Sales tax. 9C - PURCHASE AND SALE AGREEMENT BETWEEN CITY OF BREMERTON AND McCORMICK LAND COMPANY, INC., #AB00-065 Gene Sampley, Director of Public Works & Utilities, requested that Council authorize the Water Utility to purchase 11.8 acres of property adjacent to the Rodeo Drive-In Theater, currently owned by the McCormick Land Co., Inc. A portion of this property has been encroached upon by the City's Gold Mountain Golf Course for over 30 years. Negotiations with McCormick Land Co., Inc. have resulted in an agreed upon purchase price of $300,000.00 for the property in question. The property is surrounded by Water Utility Land, and is contiguous to the City's Water Utility Property. He stated an ~ppraisal of the property, with timber, established the value at $475,000. The recommendation is to purchase the entire 11.8 acres, and the residual amount not necessary for the golf course, would be used for commercial development. The timber has been valued at $83,000, which will be removed, leaving an outright purchase of just over $200,000, which is included in the Water Utility Budget. There were no comments from the pubfic. TAPE #1692 City Council Reg. Mtg. Minutes March 8, 2000 Page 4 of 8 Mr. Rollman asked if the City was interested in purchasing this property for use only by the golf course, or something different. Jim Reed asked for clarification on the funding. Mr. Sarnpley responded that that the property was contiguous to the original golf course; and verified that it would be purchased with funds from the Water Utility Budget, and not the General Fund. #0970 M/S/C/U (Olsen/McConnell) Motion to approve the purchase by the Water Utility Fund (401) of 11.8 acres of property identified in Exhibits (1) and (2) in the amount of $300,000.00, and authorize the Mayor to execute the Purchase and Sale Agreement as written. 'IOA - IAC-YAF GRANT AGREEMENT FOR PENDERGAST REGIONAL PARK LIGHTING PROJECT; RESOLUTION NO. 2743, AUTHORIZING INTER-FUND LOAN; AND APPROVAL OF BUDGET ADJUSTMENT REQUEST NO. 00-4, #AB00-066 Cris Gears, Parks & Recreation Director, stated that the City has been awarded a $150,000 grant from the Interagency Committee for Outdoor Recreation (Youth Athletic Facilities) to fund the Pendergast Regional Park Athletic Lighting Project. The project includes installing athletic lighting on the five existing fields (three softball fields and two all-weather soccer fields) and safety lighting for the parking lot. In order to receive the funding, the City must enter into a standard Project Agreement with the lAC. The budget for the project has a revised estimate of $550,000, which is $100,000 less than the original estimate. The $150,000 lAC grant is being matched by $200,000 from Kitsap County and $160,000 from the City of Bremerton; plus cash contributions from FC Kitsap Soccer Club, Women's State Soccer Association, Bremerton Athletic Roundtable, and Pendergast Committee. The project is also receiving in-kind contributions (labor and equipment) from the Department of Navy and Ace Paving. Construction of this long-awaited project is expected to get underway this fall. The City's contribution is to be provided from an inter-fund loan that will be paid back at the rate of $15,000 annually through the year 2020. The Council is being asked to approve the grant agreement with lAC; authorize the inter-fund loan; and adjust the current budget. Don Larson expressed his support for this project. Mr. McConnell supported the project, but was not pleased that money would be borrowed from one group to pay another group, which would "tie up" funds from the Hotel/Motel tax for the next 20 years. He asked for a commitment from the Administration and the Parks Department to diligently search for alternate funding sources. Mr. Gears responded that his Department would be happy to continue its search for alternative funding, and committed to providing a report back to City Council in 6-months. Mr. Reed asked what would happen after the fields started to generate a profit. Mr. Gears explained that the grant funding must be guaranteed, but the intent is to use any additional revenue generated to repay the loan, and carry the debt-service payments through the Parks & Recreation Department. Mr. McConnell was concerned that this was not clarified in the Resolution. #1380 M/S/C/U (FardOIsen) Motion to authorize Mayor to sign the lAC Project Agreement for Pendergast Regional Park Lighting Project. Carlos Montgomery_ commented that this project was long overdue, and will provide additional' income for the Hotel/Motel fund. Mr. Shepherd added that the Lodging Tax Advisory Committee was unanimous in their decision to support the $15,000 expenditure from the Hotel/Motel fund to pay for this project. #1475 (McConnell) Amendment to Main Motion to adopt Resolution No. 2742, requiring a 6-month review of funding from other sources for repayment of the loan. (A-Motion died for lack of a second). TAPE #1692 City Council Reg. Mtg. Minutes March 8, 2000 Page 5 of 8 #'!580 (McConnell) Amendment to Main Motion to adopt Resolution No. 2742, requiring that as soon as Pendergast field produces revenue in excess of the operating costs, the additional money will be used to pay-off the inter-fund loan. (Amended Motion died for lack of a second). Mr. Gears reiterated an agreement "that ball field revenues derived from the lighting project could replace the annual Hotel Motel Tax contribution at such time as they are capable of covering the loan payments". #1750 M/S/C (Shepherd/Olsen) Main Motion to adopt Resolution No. 2742, authorizing an inter-fund loan to the Civic Improvement Fund from the I::quipment Rental Reserve Fund. Vote on motion: In favor: Fart, Reed, OIsen, Law, Rollman, Shepherd, Arends Opposed: McConnell Motion carried. #'1675 M/SIC (FardOIsen) Motion to approve Budget Adjustment Request No.00-4. Vote on motion: In favor: Fart, Reed, Olsen, Law, Rollman, Shepherd, Arends Opposed: McConnell Motion carried. 10B - RESOLUTION NO. 2744, ESTABLISHING ONE-WAY STREET ON A PORTION OF CHESTER AVENUE AND THE ALLEY ADJACENT TO THE PUGET SOUND NAVAL SHIPYARD (PSNS). #AB00-067 Bob Tulp, Public Works Operations Manager, noted that staff recommends establishment of a one- way street on Chester Avenue south of Gregory Street and the alley adjacent to PSNS from State Avenue to Chester Avenue. The reason for this modification is to provide paid on-street parking on the eastside of Chester Avenue south of Gregory Street (adjacent to PSNS). This one-way street proposal was reviewed and discussed at a public meeting on January 25, 2000, and approved by the Traffic Safety Committee at their meeting of February 17, 2000. Staff recommended establishment of the one-way streets by approval of the attached Resolution. Elizabeth Buell voiced her concern for access by nearby apartment residents. Mr. Tulp discussed other, safer, options. He also clarified that this was an action requested by the residents of the area. #1810 M/S/C/U (Farr/McConnell) Motion to pass attached Resolution No. 2744, which establishes Chester Avenue as a northbound one-way street south of Gregory Street and the alley south of Gregory Street adjacent to PSNS as an eastbound one-way street from State Avenue to Chester Avenue. 10C - RESOLUTION NO. 2745, RESTRICTING ACC. ESS TO MEAD AVENUE, NORTH OF KITSAP WAY, AND RECONFIGURING MEAD AVENUE TO A TWO-WAY STREET FROM KITSAP WAY TO 9TM STREET, #AB00-068 Jeff Shea, Sr. Engineer, noted that in conjunction with the proposed change, the existing southbound one-way street must be reconfigured for two-way traffic between Kitsap Way and 9th Street. After receiving several complaints about left turning movement conflicts and near collisions at this intersection, a traffic study was done. Staff determined that there is a safety issue of potential collisions with motorists turning left onto Cambrian Avenue with motorists turning left onto Mead Avenue. The Traffic Safety Commission recommended temporarily blocking this portion of the intersection, which was done in July of 1999. Since this date there have been no comments or complaints from the public on this action. The Traffic Safety Commission recommended permanent T,~PE #1692 City Council Reg. Mtg. Minutes March 8, 2000 Page 6 of 8 closure of this leg of the intersection at its meeting on February 17, 2000. City Council is being requested to approve the blocking of Mead Avenue and the change to two-way traffic. There were no comments from the public. #2133 M/S/C/U (McConnell/Olsen) Motion to pass attached Resolution No. 2745, which restricts access to Mead Avenue north of Kitsap Way and reconfigures Mead Avenue to a two-way street between Kitsap Way and 9th Street. 11A - ORDINANCE (FIRST READING) VACATING PETERS STREET RIGHT-OF-WAY FROM POINDEXTER AVENUE TO HUMPHREY AVENUE, #AB00-069 Jeff Shea, Sr. Engineer, stated that the City has received a petition to vacate Peters Street right-of- way between Poindexter and Humphrey Avenues. A hearing date of March 8, 2000 was set by City Council on February 8, 2000 to hear this request for vacation. This right-of-way consists of approximately 250 feet of undeveloped area, much of which is on a steep slope. The vacation is being requested to eliminate a piece of undeveloped right-of-way and increase the buildable area of abutting properties. Posting of the hearing notices and mailings to the adjacent property have been completed in accordance with the Bremerton Municipal Code. Specific items for City Council consideration are outlined in the Staff Report. The request before the City Council is to approve, disapprove, or modify this vacation of Peters Street. Raymond stated he lived next to the property in question, and asked what was planned for this property. Dave Holt stated he has worked with Chuck Olsen for the last two years to vacate this property, so he can remove the small house and install a manufactured home. Mr. Shea stated that State Law stipulates that this property would go to the abutting property owners, become their private property, and no longer usable by the City. #2225 M/S/C/U (Reed/McConnell) Motion to approve the attached ordinance on first reading, vacating Peters Street right-of-way. 11B - ORDINANCE (FIRST READING) VACATING 12TM STREET AND TWO ALLEYS BETWEEN PARK AND ELIZABETH AVENUES, #AB00-070 Jeff Shea, Sr. Engineer, stated that City Staff has initiated the process to vacate 12th Street and the two alleys between Park Avenue and Elizabeth Avenue. A hearing date of March 8, 2000 was set by City Council on February 8, 2000 to hear this request for vacation. This right-of-way consists of three undeveloped strips; one 20 feet by 148 feet, another 14 feet by 132 feet, and another 14 feet by 282 feet. A City park, a parking lot, and the Kitsap Community Resource's Facility are currently encroaching on these rights-of-way. Posting of the hearing notices and mailings to the adjacent property have been completed in accordance with the Bremerton Municipal Code. Specific items for City Council consideration are outlined in the Staff Report. The request before the City Council is to approve, disapprove, or modify this vacation of a part of 12th Street and the alleys. There were no comments from fhe public. #2470 M/S/C/U (FardReed) Motion to approve the attached ordinance on first reading, vacating 12'h Street and two alley rights-of-way. 11C - ORDINANCE (FIRST READING) VACATING A PORTION OF SHORE DRIVE BETWEEN PERRY AVENUE AND IRONSIDES AVENUE, #AB00-071 Jeff Shea, Sr. Engineer, stated that City staff has initiated the process to vacate a portion of Shore Drive between Perry Avenue and Ironsides Avenue. A hearing date of March 8, 2000 was set by City TApE #1692 City Council Reg. Mtg. Minutes March 8, 2000 Page 7 of 8 Council on February 8, 2000 to hear this request for vacation. This right-of-way consists of approximately 265 feet long by 10 feet wide of undeveloped right-of-way along the south side of the right-of-way. Both the City and the County have inaccurately described this right-of-way in the past as a 50-foot right-of-way. Existing properties abutting this right-of-way have structures built to this 50- foot right-of-way line and are encroaching on City right-of-way. Posting of the hearing notices and mailings to the adjacent property have been completed in accordance with the Bremerton Municipal Code. Specific items for City Council consideration are outlined in the Staff Report. The request before the City Council is to approve, disapprove, or modify this vacation of a portion of Shore Drive. He pointed out that one letter in opposition was received by the City. There were no comments from the public. Mr. Law clarified that no portion of the street will be taken away, so pedestrians or vehicles will not be impacted. Mr. Shea stated that was correct, and added that no "reason" was provided in the letter from the citizen who was opposed to this action. #2541 M/S/C/U (Law/McConnell) Motion to approve the attached ordinance on first reading, vacating a portion of Shore Drive right-of-way. 11D -ORDINANCE (FIRST READING) VACATING A PORTION OF CHESTER AVENUE FROM 11th STREET, NORTHWARD 120 FEET, #AB00-072 Jeff Shea, Sr. Engineer, stated that City staff has received a petition to vacate a portion of Chester Avenue from 11th Street northward of 120 feet. A hearing date of March 8, 2000 was set by City Council on February 8, 2000 to hear this request for vacation. This right-of-way consists of approximately 120 feet long by 8 feet wide of undeveloped right-of-way. It is requested for the right- of-way to be vacated to increase the buildable area on the lot. Posting of the hearing notices and mailings have been completed in accordance with the Bremerton Municipal Code. Specific items for City Council consideration are outlined in the Staff report. The request before the City Council is to approve, disapprove, or modify this vacation of a portion of Chester Avenue. Carlos Montgomery voiced his support for all of the street vacations presented tonight, which will provide improvement to areas of the City which were "created 100 years ago", and not developed the way it should have been. He pointed out these actions will also increase revenue to the City, and complimented Engineering and Street Department staff for the excellent job they were doing. Elizabeth Buell voiced her concern that this change would impede her access to a local church. Mr. Shea added stated this action was initiated by a signed-petition, so current use of the area by the City, as well as possible future use was reviewed, and no perceivable use was seen. He further stated that it would not impact traffic flow, or pedestrians access to the area. #2805 M/S/C/U (FardReed) Motion to approve the attached ordinance on first reading, vacating a portion of Chester Avenue right-of-way. 11E - CLOSED RECORD HEARING ON APPEAL OF PLANNING COMMISSION DECISION TO ALLOW A SHORELINE CONDITIONAL USE PERMIT (CUP) FOR A U.S. NAVY/PSNS NAVIGATIONAL DREGDING AND PIER REPLACEMENT PROJECT; APPELLANT: THE SUQUAMISH TRIBE, #AB00-073 President Arend$ announced this was a "Quasi-Judicial" issue, and asked if any Council member believed their participation would conflict with the "Appearance of Fairness Doctrine", and if they should be excused, Mr. Shepherd attended several meetings TAPE #1692 City Council Reg. Mtg. Minutes March 8, 2000 Page 8 of 8 regarding this subject, but stated he could remain impartial. President Arends also attended several meetings, stated that her name was included in their record, but that she too, could remain impartial. President Arends then asked members of the pubfic if they believed any Council members should excuse themselves due to a conflict with the "Appearance of Fairness Doctrine". All Council members remained seated. Bill Palmer, Interim Director of the Community Development Department, stated that the appellant has requested a review of Planning Commission's approval for a Shoreline Conditional Use Permit (CUP) for navigational dredging and pier replacement for the US Navy/PSNS at Sinclair Inlet. A Planning Commission Public Hearing was scheduled for December 21, 1999, but due to lack of a quorum of the Planning Commission, the hearing was continued until January 4, 2000. At that hearing, the Planning Commission voted 5-0 for approval. On January 18, 2000, the Suquamish Tribe appealed to City Council for a C/osed Record Hearing to review that decision. Appeal issues are as follows: A. Whether the CUP violates the Notice requirements of the SMP and SMA. B. Whether the CUP violates the Goals of the SMP. C. Whether the CUP meets the standards from Shoreline of Statewide Significance. D. Whether the CUP violated the Conditional Use Permit Requirements. Knute Rife, Assistant City Attorney, offered further clarifications. There were no representatives from the Applicant or the Appe//ant; and no comments or questions from the pub~lc. #3500 M/S/C/U (Farr/McConnell) Motion to continue this hearing to the City Council's regular meeting on March 29, 2000 for passage of a resolution containing the Council's decision and supporting findings and conclusions. The Council will deliberate on this matter on March 22, 2000 in the Council Conference Room. With no further business meeting adjourned at 7:00 P.M. PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton P J/CA/Is C: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: 03/15/00 Labor Agreement By and Between the City of Bremerton ORIGINATING DEPT: Human Resources and the Police Management Association ORIGINATOR: Carol Conley, HR Manager DATE SUBMITTED: 3/8/00 2. CLEARANCES: Comment of back if necessary) ~ 3. EXHIBITS: Labor Agreement Glenna Malanca, City Attorney ~~--~//~-~ ~ Rich Hanna, City Treasurer '-~A.)~ ENDORSEMENTS "~ INFORMA%ION ~ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Pursuant to RCW 41.56, negotiations have concluded between representatives of the City and the Police Management Association resulting in the attached Labor Agreement. These negotiations have been discussed with Council in Executive Session. This Labor Agreement replaces the current one which expired on December 31, 1999. The new Labor Agreement's term is January 1, 2000 through December 31,2001. It has been ratified by the Union's membership. Council approval is required to implement the new agreement. 8. RECOMMENDATION: Approval of the Labor Agreement By and Between the City of Bremerton and the Police Management administrative Association January 1, 2000 through December 31, 2001 and make the necessary amendments to the 2000 budget. 9. RESPONSIBLE OFFICIAL: Carol Conley ENFORCEMENT OFFICIAL: Carol Coniey EXPIRATION DATE: 12/31/01 REVIEW DATE: 07/01/01 10. NOTICE OF ACTION PULLED TABLED__ APPROVED__ DISAPPROVED ~AME~ COUNCIL DIRECTIVE: 11. AGENDA BILL NO: O(..~ '- 0'-7 ~' 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Non-passage would result in continued negotiations and declaration of impasse. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The cost of implementation will be approximately $437,900 an overall increase of 7.24%. Sufficient funds are available in the 2000 budget to cover the cost of implementing this agreement. 7. RESEARCH SOURCES: COLLECTIVE BARGAINING AGREEMENT Between CITY OF BREMERTON and BREMERTON POLICE MANAGEMENT ASSOCIATION OF January 1, 2000 - December 31, 2001 TABLE OF CONTENTS TO TFrE LABOR AGREEMENT BY AND BETWEEN CITY OF BREMERTON BREMERTON POLICE MANAGEMENT ASSOCIATION JANUARY 1, 2000 - DECEMBER 31, 2001 ARTICLE TITLE PAGE PREAMBLE ............................................................................................................................................... ! ARTICLE 1 DISCRIMINATION ALLEGATIONS ............................................................... 1 ARTICLE 2 RECOGNITION ................................................................................................. 1 ARTICLE 3 ASSOCIATION ACCESS .................................................................................. 1 ARTICLE 4 SALARIES .......................................................................................................... 1 ARTICLE 5 HOURS OF WORK ............................................................................................ 4 ARTICLE 6 VACATION LEAVE .......................................................................................... 4 ARTICLE 7 HOLIDAYS ........................................................................................................ 5 ARTICLE 8 SICK LEAVE AND INDUSTRIAL DISABILITY ............................................ 6 ARTICLE 9 OTHER PAID LEAVE ....................................................................................... 8 ARTICLE 10 RETIREMENT BENEFITS ................................................................................ 8 ARTICLE 11 INSURANCE BENEFITS .................................................................................. 8 ARTICLE 12 CLOTHING AND UNIFORM CLEANING ALLOWANCE ............................ 10 ARTICLE ! 3 PERSONNEL PRACTICES ............................................................................... 11 ARTICLE 14 TUITION REIMBURSEMENT PROGRAM ..................................................... 12 ARTICLE 15 MANAGEMENT RIGHTS ................................................................................ 12 ARTICLE 16 GRIEVANCE PROCEDURE ............................................................................. 13 ARTICLE 17 SEVERABILITY ................................................................................................ 14 ARTICLE 18 ENTIRE AGREEMENT ..................................................................................... 14 ARTICLE 19 CONFLICTING PROVISIONS .......................................................................... 15 ARTICLE 20 TERM .................................................................................................................. 15 ARTICLE 21 SMOKING POLICY ........................................................................................... 15 ARTICLE 22 POLICE OFFICERS' BILL OF RIGHTS (Formerly Appendix "B") ................ 15 ARTICLE 23 MANAGEMENT CERTIFICATIONS (New Article) ....................................... 17 APPENDIX A ............................................................................................................................................ 20 LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND BREMERTON POLICE MANAGEMENT ASSOCIATION JANUARY 1, 2000 1997 THROUGH DECEMBER 31, 2001 !999 PREAMBLE This Agreement is made and entered into pursuant to the provisions of RCW Chapter 41.56 by and between the City of Bremerton, a municipal corporation of the State of Washington, hereinafter known as the "City", and the Bremerton Police Management Association hereinafter known as the "Association" for the purpose of setting forth the wages, hours and other terms and conditions of employment which shall be in effect during the term of this agreement for employees included in the bargaining unit described in Article 2 below. ARTICLE I ............. DISCRIMINATION ALLEGATIONS 1.1 An employee who believes that he or she has been the subject of unlawful discrimination on the basis of political affiliation, age, sex, marital status, race, creed, color, religion, national origin or activity protected by RCW 41.56 shall seek relief through the City's Equal Employment Oppommity Complaint Procedure or the appropriate state or federal agency charged with investigating such matters and shall not process such complaints through the Grievance Procedure of this Agreement. ARTICLE 2 ............. RECOGNITION 2.1 The City recognizes the Association as the sole and exclusive bargaining representative for the purpose of negotiations concerning wages, hours and conditions of employment for all employees in classifications set forth in Appendix A and such classifications as may be added to the bargaining unit during the term of this Agreement. ARTICLE 3 .............ASSOCIATION ACCESS 3.1 Association business such as handling grievances and other legitimate routine matters may be conducted on Police Department premises provided that such business does not interfere with Police Department operations and is authorized by the Police Chief. ARTICLE 4 ............ SALARIES 4.1 MONTHLY SALARY RATES -- Monthly salary rates shall be paid as set forth in Appendix A which is attached hereto and made a part hereof. Appendix A will be changed as necessary to reflect the following: Coding: Words ............ t,.- are deletions, words underlined are additions. 1 Final Version Collective Bargaining Agreement - Bremerton Police Management Association January 1, 2000 through December 31,2001 15 4.1.1 The salary rates for Police Lieutenant and Police Captain will be set so as to maintain the following differentials. 4.1.2 The Police Lieutenant top base salary step will be not less than15% above the top step Police Sergeant base wage rate. 4.1.3 The Police Captain top base salary step will be not less than 13% above the top step Police Lieutenant base salary rate. 4.1.4 Effective January 1, 2000, employee's will receive a three percent (_3%) across-the- board cost of living adjustment (COLA). 4.1.5 Effective July 1, 2000, employees will receive a one-half percent (.5%) across-the board COLA. 4.1.6 Effective January 1, 2001, the rates of pay as set forth in the July 1, 2000 wage table of Appendix "A" shall be increased by a general wage increase of nine _ty percent (90%) of that percentage increase set forth in the Urban Wage Earners and Clerical Workers Index (CPI-W) for the Seattle-Tacoma area for that period from June 30, 1999 to June 30, 2000 as is supplied by the Bureau of Labor Statistics, US Department of Labor, The COLA percentage shall not be less than two percent (2%), nor shall it exceed four percent (4%). 4.2 LONGEVITY PAY: Longevi_ty pay, which is a rate of pay based on the length of completed continuous service with the Cit3', shall be calculated on the individual employee's base salary_ rate and shall be paid as follows: Effective January 1, 2000: Length of Continuous Service Rate Per Hour 0 through 10 years continuous employment 0% Commencing 11 through 15 years continuous emplownent 2% Commencing 16 through 20 years continuous employrnent 3% Commencing 21 through 25 years continuous employment 7.25% Commencing 26 years and over continuous employment 8.25% Effective Janua~ 1, 2001: Length of Continuous Service Rate Per Hour 0 through 10 years cominuous emplo_wnent 0% Commencing 11 through 15 years continuous emplownent 2% Commencing 16 through 20 years continuous emplo_wnent 3% Commencing 21 through 25 years continuous emplo_wnent 7.75 % Coding: Words :~.:c~k t.~rcx:g.~. are deletions; words underlined are additions. 2 Final Version Collective Bargaining Agreement - Bremerton Police Management Association January 1, 2000 through December 31,2001 Commencing 26 years and over continuous employment 9.00% 4.3 SALARY RATE WHEN PROMOTED TO A LN A HIGHER CLASSIFICATION -- An employee promoted m~,vc~t to a higher classification will receive at least the entry step of the new salary rate or' a step at least five percent (5%) higher, whichever is greater. However, no employee may be advanced beyond the final step of the new salary rate. 4.3.1 The employee's advance to the next step of the new salary rate will be based on the effective date of the new salary rate. 4.4 STEP ADVANCEMENT -- Advancement from Step to Step will occur upon the positive recommendation of the Police Chief and after completion of twelve (12) continuous months of service in each step, based upon satisfactory_ attainment of established performance standards, and overall satisfactory performance. Step increases may be withheld for a maximum of six (6) months. In the event an employee is on approved leave of absence without pay, the employee's next wage rate advancement date will be extended by the actual number of days the employee was absent on such leave. The denial of a step increase is subject to the grievance procedure. 4.5 TEMPORARY/PROVISIONAL ASSIGNMENT TO HIGHER LEVEL POSITION -- The Police Chief or, in the absence of the Chief, the Mayor may provide a written directive to an employee to perform all or a part of the duties and accept all or a part of the responsibilities of a higher level classification, The employee so directed shall have his or her salary rate adjusted for the duration of the assignment as if he or she had been promoted to the higher classification provided, however, that such adjustment shall be no less than 5% ~ Other benefits provided such an employee through the provisions of this agreement shall not be affected and no benefits of the higher level classification shall apply to the employee during the assi~tmment. This provision shall not apply in situations when the Police Chief designates an employee to serve in an "Acting" capacity during the absence of the Chief for vacations, while attending conferences, and other such usual and customary absences. 4.6 DEFERRED COMPENSATION - The City will match the payroll deduction of any written request by an employee with less than twenty-one years service with the City in an amount not to exceed two-percent 2% of the employee's base monthly salary rate. Effective January 1, 2001, the City's match will be in an amount not to exceed two and one/half percent (2.5%) of the employee's base monthly salary_. This section does not apply to employees with 21 or more years with the City. Coding: Words z~.:c!: t~rc, a~,~ are deletions; words underlined are additions. 3 Final Version Collective Bargaining Agreement - Bremerton Police Management Association January 1,2000 through December 31,200l ARTICLE 5 ............. HOURS OF WORK 5.1 Employees shall work such hours as are assigned by the Police Chief which shall be at least forty (40) hours per week, including paid holiday, vacation and sick leave time. In addition, employees shall serve on emergency standby status during such periods as are assigned by the Police Chief and are subject to emergency callback at any time. Employees covered by this agreement are salaried and exempt from the overtime provisions of the Fair Labor Standards Act. ARTICLE 6 ............. VACATION LEAVE 6.1 VACATION ACCRUAL -- Employees shall accrue vacation time with pay for all regularly scheduled work time including paid leave time pursuant to the following schedule: PERIOD OF CONTINUOUS FULL TIME EMPLOYMENT Date of Hire through Hours Accrued/Year 5 years 104 Hours 6th year 120 Hours 7th year 128 Hours 8th year 136 Hours 9th year 144 Hours 10th year 152 Hours 1 lth year 160 Hours 12th year 168 Hours 13th year 176 Hours 14th year 184 Hours 15th year 192 Hours 16th year 200 Hours 17th year and thereafter 208 Hours 6.2 VACATION ELIGIBILITY -- An employee becomes eligible to take accrued vacation time upon completion of six (6) months of continuous employment. Vacation time must be fully accrued prior to the time an employee takes any vacation time off. 6.3 VACATION SCHEDULING -- Annual vacation leave shall be authorized by the Police Chief or the Chiefs designee. Personnel shall schedule vacation leave by mutual agreement of the employee and the Police Chief or the Chiefs designee. 6.4 MAXIMUM VACATION ACCRUAL -- The maximum number of vacation accrual hours that any employee shall be allowed to carry forward from one calendar year to the next is as Coding: Words str,::~.: ~-~.u?,~ arc deletions; words underlined are additions. 4 Final Version Collective Bargaining Agreement - Bremerton Police Management Association January 1, 2000 through December 31,2001 ~ ~ follows: Years of Continuous Employment Maximum Balance 0 through Five (5) years 160 hours More than Five (5) years 240 hours In the event an employee has been prohibited fi.om taking sufficient vacation time to reduce his or her vacation balance to the maximum allowable carryover at the end of a calendar year, the excess hours shall be paid out in cash at the employee's straight time hourly rate tmless the Mayor r,:,...,~.,., r,,~,,~..~..:~ approves an extension of the time period beyond the end of the calendar year during which the employee must take all vacation hours which exceed the maximum allowable carryover. An employee who fails to request scheduled vacation time during the year and whose accrued vacation hours exceed the maximum carry over balance at the end of the calendar year shall forfeit such excess vacation hours. (amendment per LOU dated March 10, 1998). 6.5 VACATION PAY-OUT -- Upon the retirement or termination of an employee who has served six (6) continuous full months of employment or more, or upon the date of an employee's disability retirement, the accrued vacation hours of such an employee will be paid to the employee in a cash lump sum payment. ARTICLE 7 ............. HOLIDAYS 7.1 HOLIDAYS OBSERVED -- The following holidays shall be observed by the City: New Year's Day Labor Day Martin Luther King's Birthday Veteran's Day President's Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas In addition, any other holiday legally proclaimed by the Federal or State government, provided that the City takes official action to have such holiday also observed by the City. 7.2 FLOATING HOLIDAY- Each employee shall be allowed one additional holiday to be observed by the employee on a day mutually agreeable to the employee and the Police Chief. 7.3 ALTERNATIVE DAYS OF HOLIDAY OBSERVATION -- If a holiday observed by the City falls on a Saturday, the holiday will be observed on the preceding Friday. If a holiday falls on a Sunday, the holiday will be observed on the following Monday. If the day a holiday is observed by the City falls on an employee's regularly scheduled day off, the employee shall receive an alternate day as a paid holiday. Coding: Words ............. ~,,. are deletaons, words underlined are additions. Final Version Collective Bargaining Agreement - Bremerton Police Management Association January 1,2000 through December 31,2001 7.4 HOLIDAY COMPENSATION -- An employee shall receive eight (8) hours of time off with pay for each holiday observed by the City and for a floating holiday of each employee's choice. ARTICLE 8 ............. SICK LEAVE AND INDUSTRIAL DISABILITY 8.1 SICK LEAVE ACCRUAL -- Employees shall accrue sick leave tmae with pay at the rate of .040154 hours for all normal hours of work including paid leave. 8.2 MAXIMUM SICK LEAVE ACCRUAL -- Employees shall be able to accrue sick leave to a maximum of one thousand (1000) hours. 8.3 SICK LEAVE INCENTIVE -- An employee who has more than five (5) years o£ continuous full time paid employment with the City. and who takes thirty-two (32) hours or less of sick leave in the calendar year following the fiPth year of employment and any subsequent calendar year, shall have eight (8) hours added to his or her vacation leave balance at the beginning of the following calendar year. 8.4 SICK LEAVE RETIREMENT OR DEATH PAYMENT -- An employee who retires from City service on a service retirement shall be provided a Sick Leave Retirement Payment of thirty-five percent (35%) of the employee's accrued and tmused sick leave hours to a maximum of 35% of 960 hours (a maximum total of 336 hours). The payment will be made to the employee at the employee's regular hourly wage rate in effect at the time of retirement or in the event of death, to their designated beneficial. 8.5 SICK LEAVE USE -- Sick leave must be accrued prior to use by an employee. Sick leave shall be made available to each employee up to the amount of each employee's accrued sick leave balance hours due to: 8.5.1 The temporar~ disabili~ of an employee resulting from his or her personal illness or injury. 8.5.2 Providing care for an employee's children under the age of 18 when they have a health condition that requires supervision or treatment. 8.5.3 Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative health care of the employee or the employee's children when such care requires parental presence to supervise or authorize treatment. 8.5.4 Upon the birth or adoption of a child, a father may use up to three (3) days of accrued sick leave or claim FMLA leave pursuant to Federal Law as may be amended from time to time. 8.5.5 Providing for an employee's immediate family member when the family member has a health condition that requires the assistance of an adult caretaker until such Coding: Words :~uck through are deletions; words underlined are additions. 6 Final Version Collective Bargaining Agreement - Bremerton Police Management Association January 1, 2000 through December 31, 2001 time as other care can be arranged. No more than five ([5) days of sick leave can be used for this purpose per calendar year, unless as otherwise provided in this section or unless it qualifies for and is taken as FMLA leave. ~ 8.6 NOTIFICATION OF SICK LEAVE USE -An employee who is absent or expects to be absent from work due to causes specified in 8.5 above, shall provide notification as follows: 8.6.1 ROUTINE APPOINTMENTS -- An employee who schedules a routine medical, dental or oculist appointment shall make every reasonable effort to schedule such an appointment at a time which will cause the least interference with the employee's work hours and duties. The employee shall give prior notice of the date and time of the appointment to his or her immediate supervisor. An employee's immediate supervisor may request that the employee reschedule routine appointments when, in the judgment of the supervisor, the scheduled absence of the employee would unduly interfere with the operations of the Department. An immediate supervisor shall not unreasonably deny an employee sick leave with pay for routine medical, dental or oculist appointments. 8.6.2 UNANTICIPATED ABSENCE -- An employee who is absent from work or will be unable to report to work as scheduled due to personal illness or injury, or for other causes specified in Section 8.5 above, shall promptly notify the department by telephone or otherwise by 0800 of the day of his or her scheduled work day. 8.6.3 SICK LEAVE DURING AUTHORIZED PAID LEAVE -An employee who becomes ill or is injured during the employee's paid vacation may request the conversion of such paid leave to sick leave with pay by promptly notifying the department of the illness or injury and providing such information as is required by the department to verify the appropriateness of such a conversion. 8.7 SICK LEAVE DOCUMENTATION AND APPROVAL -- An employee who has been absent on sick leave shall, within thirty-six hours after returning to work, submit such forms and provide such information as are required by the Department to approve the use of sick leave with pay for the absence. The Department may require an employee to demonstrate that he or she has sought treatment, taken appropriate precautions or otherwise effected measures to correct the condition causing the employee's absence. Such demonstrations may take the form of personal statements of the employee, medical examinations or certifications of appropriate professionals, or other methods appropriate to the circumstances. The Department may require an employee to provide certification by a professional physician that the employee is sufficiently recovered as to be able to return to work without posing a health hazard to himself or herself or to other members of the workforce. Sick leave must be approved by the Department prior to payment. The Department shall not unreasonably withhold approval of sick leave with pay from employees. 7 Coding: Words ~.'.c.,~ '.,,r~.ug., are deletions; words underlined are additions. Final Version Collective Bargaining Agreement - Bremerton Police Management Association January 1,2000 through December 31,2001 8.8 INDUSTRIAL DISABILITY FOR LEOFF I EMPLOYEES -- An employee who qualifies for and is included in the Washington State Retirement System commonly referred to as "LEOFF I", who becomes disabled, and whose disability extends beyond a period of six (6) full months, shall apply for disability retirement benefits provided through LEOFF I. 8.9 INDUSTRIAL DISABILITY LEAVE FOR LEOFF H EMPLOYEES --An employee who qualifies for and is included in the Washington State Retirement System commonly referred to as "LEOFF H", and who incurs a work-related illness or injury shall be provided with such compensation as is made available through Workers' Compensation time-loss benefits as provided by Washington State Law. ARTICLE 9 ............. OTHER PAID LEAVE 9.1 BEREAVEMENT LEAVE -An employee will be granted five (5) days of bereavement leave for attending funerals in the State of Washington and seven (7) days for out of state funerals of members of the employee's immediate family. Immediate family shall be defined as spouse, child,, stepchild, mother, father, mother/father in-law, brother, sister, bother/sister in-law, grandparents and grandchildren of both the employee and the employee's spouse. All time off for bereavement leave shall be charged against an employee's vacation/holiday, sick leave or compensatory time leave balance at the option of the employee. 9.2 JURY DUTY, WITNESS LEAVE-An employee shall be granted leave of absence with pay for the purpose of reporting to Jury Duty or if subpoenaed as a witness. Any juror or witness fees received by the employee for the performance of such duties shall be assigned to the City. 9.3 MILITARY LEAVE -- A leave of absence with pay for a period not to exceed 15 working days will be granted to an employee for the purpose of attending training as a member of the organized military reserves of the United States or of the State of Washington. ARTICLE 10 ............ RETIREMENT BENEFITS 10.1 Each employee shall be enrolled in the Washington State Retirement system for which he or she qualifies. Only for the purposes of federal income taxation, the gross income of each employee shall be reduced by the amount of employee contributions to the respective retirement system which is picked up by the City. ARTICLE 11 ............ INSURANCE BENEFITS Coding: Words :.,'--~ck :.~.rc=g,~. are deletions; words underlined are additions. 8 Final Version Collective Bargaining Agreement- Bremerton Police Management Association January 1,2000 through December 31, :2001 11.1 MEDICAL INSURANCE -- The City shall make medical insurance coverage available to employees and their dependents as follows: · Kitsap Physician's Service Plan A for Employees md Plan "A" B for Dependents · Group Health Cooperative for Employees and Dependents or another plan of equivalent coverage approved by the Insurance Benefit Committee. 11.2 INSURANCE PREMIUM PAYMENTS -- Payment of insurance premiums shall be made as follows: 11.2.1 Employee and dependent premiums will be paid in full by the City for those employees enrolled with KPS. 11.2.2 Employees with coverage through GHC who enroll their dependents, will be required to pay ten dollars ($10) per month per dependent to a maximum of thirty dollars ($30) per month for full family coverage. 11.3 DENTAL INSURANCE -- The City shall provide the same benefit levels as are contained in the Washington Dental Service Plan F ~ dental insurance coverage for employees and their dependents and provide for full payment of insurance premiums. Any other plan must be approved by the Insurance Benefit Committee. 11.4 DISABILITY -- Employees who are covered by the Washington State Retirement System commonly known as LEOFF II, shall enroll to receive Long Term Disability Insurance coverage through the provisions of policies held by the City with Standard Insurance Company. The City shall pay a maximum of $12.50 per month per eligible and enrolled employee toward premium costs. The remainder of all premium costs shall be borne by the enrolled employee and shall be paid to Standard Insurance Company through payroll deductions authorized by each enrolled employee. 11.5 INSURANCE RESERVES, REBATES AND SURPLUSES -- The City shall require the K.PS medical plan provider to provide a structured accounting to the City at least annually. Such accounting shall include plan utilizations, all reserve accounts maintained for the plan, interest earned on reserves, administration costs and coinsurance (pooling) costs. This accounting shall be made available to the Association upon request. The City agrees that premium rebates, reserve account rebates or any other monetary returns to the employer from the insurance providers together with subsequent interest earnings thereon shall be used exclusively to defray the costs of premium increases in the plan, and increase benefit Coding: Words str.;ck tk~cug~ are deletions; words underlined are additions. 9 Final Version Collective Bargaining Agreement - Bremerton Police Management Association JanUary 1,2000 through December 31,2001 levels, or other health related purposes determined appropriate by the Insurance Benefits Committee. Premium increases shall be any increase over the 1994 levels. 11.6 INSURANCE COMMITTEE -- The Insurance Benefits Committee shall be comprised off the following members: Mayor or designee, Human Resources Manager or designee, Administrative Services Director or f--designee, one employee selected by the non- represented management and professional employees, and one individual selected by each of the recognized unions. The committee shall elect a chair and any other officers it deems appropriate. 11.7 Any proposed increases in co-pays not in effect January 1,1997, must be approved by the Insurance Benefits Committee. ARTICLE 12 ............ CLOTHING AND UNIFORM CLEANING ALLOWANCE 12.1 PURCHASE OF UNIFORMS -- The employer shall estabhsh a Clothing Allowance Fund for the Bremerton Police .Department. Each police officer shall be furnished uniforms as designated by the Chief of Police. Such uniforms shall be replaced on an as needed basis from the Clothing Allowance Fund, as determined by the Police Department Administration Office. All uniforms purchased by the Employer are to be and remain the property of the Employer. 12.2 CLOTHING ALLOWANCE -Effective January 1, 2000, an annual allowance of four hundred seventy-five dollars ($475.00) twcn,~' ~-'~ t,~,~,~ r,m . ~,,,, ~ ....... j per year will be provided to non-uniformed, sworn personnel with less than twent3,-one years service with the City. Effective January_ 1, 2001, an annual allowance of five hundred dollars ($500.00) will be provided to non-uniformed, swom personnel with less than twenty-one years service with the City... Such allowance shall be paid during the month of January. The employer shall withhold the necessary federal income tax from the cleaning allowance as required by the Federal tax code as now written or hereinafter amended. This section does not apply to employees with 21 or more years with the City. 12.3 UNIFORM CLEANING ALLOWANCE -- There shall be an annual uniform cleamng allowance of three hundred dollars ($300). Effective January_ 1, 2001, the annual uniform cleaning allowance shall be increased to three hundred twenty-five dollars ($325.00) per year for employees with less than twenty-one ,fears service with the Ci _ty. This applies to all personnel covered by this agreement. Such allowance shall be payable in January. An employee will not be required to pay back to the Employer funds received for the purpose of clothing or cleaning allowance after the employee has received such payment. The .employer shall withhold the necessary federal income tax from the cleaning allowance as required by the Federal tax code as now written or hereinafter amended.. This section does not apply to employees with 21 or more years with the City_. 10 Coding: Words s,.~..'c,k t~rcug~ are deletions; words underlined are additions. Final Version Collective Bargaining Agreement - Bremerton Police Management Association January 1,2000 through December 31, 2001 A.I 12.4 CLEANING CONTRACT -- In the event the Employer secures a cleaning contract with an independent cleaning company during the term of this Agreement, 12.3 will become null and void. 12.5 ALTERNATE CLOTHING AND UNIFORM CLEANING ALLOWANCE REIMBURSEMENT METHOD --At the employee's option, she or he may submit appropriate receipts for reimbursement of either or both of these allowances. This method will be in lieu of the provisions of Article 12.2 and 12.3. An employee must inform the Treasurer's Office no later than January 1 of each year that she or he wishes to utilize this alternative. ARTICLE 13 ............ PERSONNEL PRACTICES 13.1 DEFINITIONS - For the purpose of interpreting the provisions of this agreement, the following definitions shall apply: 13.1.1 Probationary Employee: An employee serving a twelve- month period commencing upon the initial date of hire as a permanent employee during which the employee may be discharged at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations and without recourse to the grievance procedure. 13.1.2 Promotional Probation: A twelve-month period commencing upon the initial date of a permanent promotional appointment during which a promoted employee who is unable to perform the duties of the higher level position shall be returned to his or her previous classification at the time of appointment at the sole discretion of the Chief of Police ~ consistent with applicable Civil Service Rules and Regulations, and without recourse to the grievance procedure. 13.1.3 LEOFF I Employee: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF I". 13.1.4 LEOFF I1 Employee: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF I1". 13.2 PROMOTIONS AND VACANCIES- All personnel reductions, filling of vacancies and promotions shall be handled in accord with existing Civil Service Rules and Regulations and shall not be subject to the grievance procedure. 13.3 INDEMNIFICATION OF EMPLOYEES -- The City shall provide legal defense and will pay all legitimate claims, settlements, judgements, and associated costs for employees and their marital communities named as parties or defendants in claims or lawsuits as a result of acts or omissions made in the good faith performance of the City's business. Coding: Words ....... ............ ~' ...... ~,.. are deletions; words underlined are additions. Final Version Collective Bargaining Agreement - Bremerton Police Management Association January 1,2000 through December 31,2001 ARTICLE 14 ............ TUITION REIMBURSEMENT PROGRAM ~ 14.1 An employee engaged in thc pursuit of either undergraduate or graduate degrees related to the Law Enforcement profession shall receive limited tuition reimbursement a:,:,i:/,ancc if hc or she meets the following guidelines: 14.1.1 Tuition reimbursement shall be ~ limited only to those courses related to Law Enforcement subjects and with matriculation ~ at an dit d !1 g i ity :~ ~ ~* ........ :~, ~^~t ....~ !I g accre e co e eorunvers ~,.,, ................. j ..... ~,~, ..... CC C 0 14.1.2 The City will reimburse the employee up to a maximum of $75 per quarter credit hour .~,,.., ,~,,v ~,,~ ,~ ........ or up to a maximum of $110 per semester credit hour,,~nn~ ~'~ ....... o,,,~,,,,,,~' ..... ,~,:* up to a maximum of 12 credit hours I ~ -~,~:, for course registration fees only. 14.1.3 Only full time employees in good standing in the Bremerton Police Department are eligible for tuition reimbursement ~:~:~,~,~cc. 14.1.4 Tuition ag:~:~c: reimbursement shall be made if a ccn~i~',:c a: !cng a~ a grade of C or better is attained ~. Employee will be required to furnish proof of payment and an official grade report at the time reimbursement is requested. 14.1.5 The Police Chief shall have the authority to grant tuition reimbursement ~ pursuant to the above provisions, ~,£ .n~ n~,':C and shall have the authority to disapprove ~cr~na~c tuition reimbursement ~:~:~ancc if cause is shown. 14.1.6 it shall be understood that training and or s~udy time will be undertaken during off-duty time. ARTICLE 15 ............ MANAGEMENT RIGHTS 15.1 Any and all rights concerned with the management and operation of the Police Department are exclusively that of the City unless otherwise provided by the terms of this Agreement. The City has the right, among other actions, to adopt rules' for the operation of the Department and conduct o£ the employees, to discipline, suspend or discharge employees for cause, to assign work and determine duties of employees, to determine number of personnel to be assigned duty at any time, to determine and introduce new work methods or Coding: ............. " 12 Words ............ ~.. are deletions; words underlined are additions. Final Version Collective Bargaining Agreement - Bremerton Police Management Association January 1, 2000 through December 31,2001 facilities to increase productivity for operation of the Department and to perform all of the functions not otherwise expressly limited by this Agreement. Provided, nothing herein shall be construed as a waiver of collective bargaining rights conferred on the parties by RCW 41.56. ARTICLE 16 ............ GRIEVANCE PROCEDURE 16.1 DEFINITIONS 16.1.1 GRIEVAI~CE -- A grievance is an allegation of a violation of the terms and conditions of this agreement which is to be resolved through this Grievance Procedure. 16.1.2 CIVIL SERVICE APPEAL o- An appeal is an allegation of a violation of the Civil Service Rules which is to be resolved through the Civil Service Appeals procedure and is not resolvable through this Grievance Procedure. 16.1.3 UNFAIR LABOR PRACTICE -An Unfair Labor Practice charge is an allegation of a violation of the Washington State statutes governing public employment labor relations which is to be resolved through the Public Employment Relations Commission's rules and regulations and is not resolvable through this Grievance Procedure. 16.2 STEP 1 -- An employee who believes that the terms and conditions of this agreement have been violated shall first discuss the action giving rise to the belief with the Police Chief within fourteen (14) calendar days of the date the action took place or within fourteen (14) days of the date upon which the employee could reasonably have been expected to know of such action. The employee shall have the right to be assisted by an authorized Association representative during this discussion. 16.3 STEP 2 -- In the event that the Police Chief does not resolve the grievance to the satisfaction of the'employee at Step 1 of this procedure, the employee shall reduce the grievance to writing and shall state: the section (or sections) of this agreement which is alleged to have been violated; an explanation of the grievance in detail, including dates, actions and such other information necessary to a full investigation of the facts and circumstances giving rise to the grievance; and the remedy sought. The employee shall have the right to be assisted by an authorized Association representative in reducing his or her grievance to writing. The employee shall present the written grievance to the Police Chief within fourteen (14) calendar days of the date the employee met with the Police Chief. The Police Chief will reduce his or her decision on the grievance to writing and shall transmit the decision to the employee with a copy to the Association representative within fourteen (14) calendar days of receiving the written grievance. 16.4 STEP 3 -- In the event that the Police Chief does not resolve the grievance to the satisfaction of the employee at Step 2 of this procedure, the Association shall, on behalf of Coding: Words ~dck t~r~ug~, are deletions; word~ underlined are additions. 1 3 Final Version Collective Bargaining Agreement - Bremerton Police Management Association January 1,2000 through December 3 l, 2001 the employee, transmit a copy of the original grievance along with a copy of the Pohce Chief's written response to the Director of Personnel and the Mayor within fourteen (14) calendar days of receipt of the Police Chief's written response. The Human Resources Manager D:.rc, ctcr cf Pcr:,c, nne! and the Mayor shall consider the grievance and may convene a meeting with the Association representative in an attempt to resolve the grievance. The Human Resources Manager D:,zectc, r c,f Pc,~c, nnc, l shall reduce his or her decision to writing within fourteen (14) calendar days of receipt of the grievance and transmit the decision to the Association. 16.5 STEP 4 -- In the event that the Human Resources Manager D:.rc, c, tc, r cf Pr, rr, c, rme, l and the Mayor flo not resolve the grievance at Step 3 of this procedure, the Association may request arbitration of the issue by written notification to the Human Resources Manager D:,rc, c, tc, r cf Per:er'mol. The Human Resources Manager D':rectc, r cf Pc. mc, nnc, l and the Association shall meet within fourteen (14) calendar days of the date upon which the Human Resources Manager D:,rcc, tc, r c,f Pc, r:c_,r, nc, l rendered his or her written decision on the grievance and shall select a neutral arbitrator by mutual agreement or through a mutually agreeable process. 16.6 POWERS AND DUTIES OF THE ARBITRATOR -- It shall be the duty of the arbitrator to conduct a hearing on the issue or issues submitted by the parties for decision. The heating shall be kept informal and private. The arbitrator shall interpret the provisions of this agreement as they apply to the issue or issues submitted for decision and shall not add to, subtract from nor in any way otherwise alter nor recommend the alteration of the terms and conditions of the agreement in deciding the matter. As soon as is practicable after conducting the heating, the arbitrator shall render a written decision which shall be binding upon the parties. 16.7 COSTS OF ARBITRATION -- The expenses of the neutral arbitrator shall be borne equally by the parties. Each party shall singly bear all costs related to preparing and presenting its own case before the arbitrator, including costs of witnesses. The party desiring a record of the proceedings shall bear the cost of obtaining such record. 16.8 TIME LIMITS ~- Time limits established in this procedure shall be strictly adhered to but may be waived by mutual agreement of the Association and the City. All procedures contained herein shall be complied with as expeditiously as practicable, ARTICLE 17 ............ SEVERABILITY 17.1 In the event that any provision of this Agreement is held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article should be restrained by such tribunal pending a final determination as to its validity, the remaining provisions of this Agreement shall not be held invalid and shall remain in full force and effect. The Association and the City shall immediately meet and attempt to renegotiate any provision found invalid. 14 Coding: Words s~-,: ........ t,.. are delctmns, words underlined are additions. Final Version Collective Bargaining Agreement - Brernerton Police Management Association January 1,2000 through December 31,2001 ARTICLE 18 ............ ENTIRE AGREEMENT 18.1 The Association and the City acknowledge that each has had the unlimited fight and opporttmity to make proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that fight are set forth in this Agreement. Therefore, the City and the Association each voluntarily and unqualifiedly agree to waive the fight to oblige the other party to bargain with respect to any subject or matter not specifically covered by the Articles of this Agreement during the term of this Agreement, except as mutually agreed upon. ARTICLE 19 ............ CONFLICTING PROVISIONS 19.1 In the event that any provision of this Agreement is found to be in conflict with any other Resolution, Ordinance, Policy, Regulation or Rule of the City, the provision of this agreement shall prevail. ARTICLE 20 ............ TERM This Agreement shall become effective January 1, 2000 contingent upon ratification by both parties T ....... ! a an,~ ~n,-1 shall remain in effect through December 31, 2001 ~ncm and may be extended thereafter by mutual agreement. The City or the Association may request reopening of this Agreement any time within six (6) months prior to of the expiration date for the purpose of negotiating changes to be effective upon~,,..,~c~n~"~.,.,.e, ratification of the agreement by both the City_ ARTICLE ill ............ SMOKING POLICY (incorporated from LOU dated 3-16-98) 21.1 The provisions of Human Resources Policy 3-$0-05, Smoking Policy, will apply to employees represented by Bremerton Police Mana§ement Association, with the following exceptions: 21.1.1. Employees may smoke in a City vehicle when they are not transporting an.y other person(s). 21.1.2 Employees may smoke outside the entrance to the Westside Patrol Office. Article 22 ........... POLICE OFFICERS' BILL OF RIGHTS (formerly Appendix "B") ~-; ~ 1x S ....... The wide ranging powers and duties given to the Police Department and its members involve them in all manner of contacts and relationships with the public. Of these contacts come many questions concerning the actions of members of the force. These questions often require immediate investigation by superior officers designated by the Chief of the Bremerton Police Department. In an effort to insure that these investigations are conducted in a manner which is conducive to good order and discipline, the following guidelines are promulgated: Coding: Words ............ ~,,, are deletmns, words underlined are additions. Final Version Collective Bargaining Agreement - Bremerton Police Management Association January I, 2000 through December 31,2001 22.1 £cc~,~ ! Internal Investigation Defined - For the purposes of this Appendix, the term "internal investigation" means an investigation by or under the authority of the Chief of Police of activities, circumstances or events pertaining to the conduct or acts of a City law enforcement employee. Such investigation shall be deemed a "criminal investigation" where it is suspected that such conduct or acts are or may be the basis for filing a criminal charge aga~st such employee, and shall be deemed a "major investigation" where it is suspected that such conduct or acts may also or alternatively be the basis for discharge, suspension or other discipline of such employee. 22.2, ~. Employee Advised of Alleged Misconduct - Every employee who becomes the subject of an internal investigation shall be advised at the time of any interview in connection therewith that, as the case may be, (s)he is suspected of: 22.2.1(1) Committing a criminal offense; 22.2.2(-~-) Misconduct which would be grounds for termination, suspension, or other disciplina~ action; or that (s)he may be qualified for continued employment with the Police Department. At the time of the interview such employee shall also be informed of the name of the officer in charge of the investigation and the name of the of~cer who will be conducting the interview. 22.3C--:.. Representation by Counsel. Any employee who becomes the subject of a criminal investigation may have legal counsel present dtu'ing all interviews of such employee. Such representation by counsel shall be confined to counseling and shall not be authority for any participation by counsel in the investigation. 22.4 Employee to be Informed in Writing-Recorded Interviews - In the case of any major investigation and before any interview commences, the employee to be interviewed shall be informed in writing of the nature of the investigation including information necessary to reasonably appraise him/her of the allegations of any complaint and (s)he shall be afforded an opportunity and facilities to contact and consult privately with an attorney of his~aer own choosing before being interviewed. Such employee may request that the interview be recorded, either mecha~xically or by a stenographer, and no questions shall be asked "off the record". Upon request, the employee under investigation shall be provided an exact copy of any written statement (s)he has signed and a verbatim transcript of any interview of such employee. 22.5 Interviewing Procedures - Interviews shall be held at a reasonable hour and preferably when the employee to be interviewed is on duty unless the exigencies of the interview indicate otherwise. Whenever possible, interviews shall be scheduled during the normal work day of the City. Interviewing shall be completed within a reasonable time and shall be accomplished under circumstances devoid of intimation or coercion. The employee being interviewed shall be entitled 16 Coding: Words s,.'r,:ck tF.r~ug~ are deletions; words underlined are additions. Final Version Collective Bargaining Agreement - Bremerton Police Management Association January 1,2000 through December 31,2001 ~ to such intermissions as (s)he shall request for personal necessities, meals, telephone calls, and rest periods. All interviewing shall be limited to the conduct or acts of the employee under investigation which form or may form the basis for disciplinary action, termination of employment or the filing of criminal charge. 22.6 Intimidation of Employee Prohibited - No employee under investigation shall, as a guise for obtaining such employee's resignation, be falsely threatened with dismissal or other disciplinary action should (s)he refuse to resign, nor shall (s)he be subjected to abusive language or in any other manner intimated or offered promises or reward as an inducement to answer questions. Article 23 .......... MANAGEMENT CERTIFICATIONS (NEW ARTICLE) 23.1 Effective January_ 1, 2000, employees who currently hold or who obtain management certifications through the Washington State Criminal Justice Training Commission will receive additional compensation for each certification as listed below: Middle Management Certification One percent (1%) Executive Certification One percent (1%) (Maximum additional compensation is capped at two percent (2%) Coding: ....... u ...... 17 Words ............ o.. are deletions; words underlined are additions. Final Version Collective Bargaining Agreement - Bremerton Police Management Association January I, 2000 through December 3l, 2001 This agreement is hereby submitted to the Bremerton City Council for approval. Upon the approval of the Council, this agreement shall become binding upon the City, the Association and all of the employees in the bargaining unit covered by this agreement. DATED THIS DAY OF ,2000. CITY OF BREMERTON: BREMER.TON POLICE MANAGEMENT ASSOCIATION: Carol S. Conley, Human Resources Manager Captain Craig Rogers, President Robert Forbes, Police Chief Lieutenant Ron Mox, Vice-President Honorable Lynn Horton, Mayor ATTEST: Kathleen McCluskey, City Clerk APPROVED AS TO FORM: Glenna Malanca, City Attomey 18 Coding: Words straclz t~r:ug~ are deletions; words underlined are additions. Final Version Collective Bargaining Agreement - Bremerton Police Management Association Januap] 1,2000 through December 31,2001 CT~T~ ~r-~ 'D~D'~"'K.,('~D"Pf~.T A 'h.'i3'~ DD'~?',.~'~"D ~1"'/'3%.T D~T T/'~I~ '~/1' A"K.T A /"a_'I~X.6"~"I~T"I~ A C~C"/'%/'~T A T~ DATED TH~, day of 0 1997 Coding: Words :,~,:;k thrc,:gh are deletions; words underlined are additions. 19 Final Version Collective Bargaining Agreement - Bremerton Police Management Association January 1,2000 through December 31,2001 %3 APPENDIX A Police Manaqement Pay Plan for Lts,& Captains w/3% ¢OI?A 1-1-2000 & w/.§% COLA on 7-1-20OO Effective January l, 2000: Effective Sanuory !, 2000: Pay rates reflect 3% COLA Pay rates reflect $% COLA Lieutenant Step ! Step 2 Step 3 Step 4 Step 5 Captain Step 1 Stap Z Step 3 Step 4 Step 5 Annual §3,733.2§ §6,§66.16 §9,§44.0§ 62,680.03 68,8§3.85 Annual 60,716,77 63,918.63 67,Z78.~7 70,823.05 77,804.84 Monthly 4,477.77 4,7~3.85 4,96~.00 5.223.34 5,737.82 Monthly 5,05~.73 ~,326.~5 5,606.5~ ~,90L92 6,483.74 Bi-Monthly 2,238.89 2,356.~2 2,48L00 2,6~L67 2,868.9~ Bi-Month~ 2,~29.87 2,663.28 2,803.~7 2,950.96 3,24L87 Hourly 25.73 27.09 28.5Z 30.02 32.98 Hourly Z9.08 30,61 32.22 33.9Z 37.26 +~ngeviW: +~gevi~: +2% 26.25 27.63 29.09 30.6~ 33.64 *2% 29.66 3L22 32.87 34.60 38.01 +3% 26.51 g7.90 29.37 30.92 33.97 +3% 29.95 3L53 33.~9 34.94 38.38 7.25% 27.60 29.06 30.58 32.20 35.37 7.25% 31.19 32.83 34.56 36.38 39.96 *8.2~% ~7.86 29.33 30,87 32.50 35.70 *8.25% 3L48 33.14 34.88 36.72 40.34 ~, Effective ~TuIy 1, Pay rates ~flect .5% CO~ PW rates ~flec? .5% Lle~enant Step 1 ~tep Z Step 3 Step 4 5?ap 5 CaSein ~tep 1 Step Annual 54,001.~ 56,84~.03 5D,84i.72 62,D93.48 6D,IDS.H Annual 6 L02D.34 64,g38.19 67,6~4.9~ 7],177.16 78,i~3.D0 Monthly 4,500.~6 4,737.4g 4,~86.81 5,24~.46 5,766.5~ Monthly 5,085,03 5,353,]8 5,634.58 5,93L43 6,5~6.~6 Bi-Monthly 2,250.08 2,368.7~ 2,4~3.41 2,624.73 2,883.25 Bi-Monthly 2,542~5~ 2,676,59 2;8~7.;~ 2,~65.7~ 3,~58.08 Hourly 25.86 ~7.23 ~8.66 30.17 33.Z4 H;urly 29LZ2 30.~ 32,38 34.0D 37.45 *~evi~: +~: .g% 26.38 27.77 2D.23 30.77 33.80 +2% 2g.81 3L38 33:O3 34.77 38.20 *3% 26.64 28.04 2~.52 3L07 34.~4 *3% 30.10 3L6g 3~;35 35.~ 38.57 +7.25% 27.74 2~.g0 30.74 32.36 35.54 *7.25% 3L34 33.00 34.73 36.56 40.~6 +8.2~% 28.00 2D.47 3L02 32,66 35.87 +8.25% 3L64 33.30 35.05 36.D0 40.54 Pay plan to agree with payroll figures in Admin. 5vcs. Dept. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Resolution #2746 FOR AGENDA OF: March 15, 2000 providing for the submission of ORIGINATING DEPT: Executive a Proposition to electors for ORIGINATOR: Mayor Horton May 16, 2000 Special Election for DATE SUBMITTED: March 9, 2000 A $16.5 Million Parks/Rec Bond 2. C?.RARANCES: (comment on back 3. EXHIBITS: if necessary) Resolution Admin. Svcs. ~W-~~ Ordinance #4694 Parks ///~~' ~ city Attorney ~--~--~~~ ENDORSEMENT ~ IN~O~TION... APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Pursuant to Ordinance #4694 that City Council passed on February 16, 2000 providing for the submission to the voters on a May 16, 2000 Special Election the Proposition to issue and sell general obligation bonds to borrow $16.5 million to build a new Recreation Center and improve parks and levy annual excess property taxes to redeem the bonds, the City must request that the Kitsap County Auditor call the Special Election j May 16, 2000 via a resolution. 8. RECOMMENDATION: Motion to approve Resolution #2746 providing for the submission to the qualified electors of the City at the May 16, 2000 Special Election a Proposition to consider a $16.5 million Parks/Recreation Bond and Levy. 9. RESPONSIBLE OFFICIAL: Executive ENFORCEMENT OFFICIAL: Executive EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED ... TABLED APPROVED DISAPPROVE]~~ED COUNCIL DIRECTIVE: DATE: 2. C!.EARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: The May 16, 2000 Special Election will not be called by the County Auditor. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES N/A 7. RESEARCH SOURCES: RESOLUTION NO. o~7~ A RESOLUTION of the City of Bremerton, Washington providing for the submission to the qualified electors of the City at the May 16, 2000 Special Election, a Proposition to issue and sell general obligation bonds to borrow $16,500,000 to acquire real property, develop, construct, and improve City parks, including a Recreation Center, levy annual excess property taxes necessary to redeem the bonds, and establish fees necessary to fund operation expenses of the facilities WHEREAS, the City Council passed Ordinance No. 4694 upon second reading on the 16t~ day of February, 2000, providing for the incurring of indebtedness, issuing of bonds and levying of excess taxes for the purpose of the development, construction and improvement of park facilities, including a recreation center in an amount not to exceed $16,500,000. WHEREAS, Ordinance No. 4694 directed passage of this Resolution to request the Auditor of Kitsap County, Washington, as ex officio Supervisor of Elections, to call and conduct a special election to be held in the City on May 16, 2000, for the purpose of submitting to the voters of the City for their approval, the question of whether or not the City shall borrow an amount not to exceed $16,500,000; issue its general obligation bonds therefore for capital purposes only, other than replacement of equipment, and levy taxes necessary to redeem the bonds, and establish fees necessary to fund operating expenses of the facilities; WHEREAS, the County Auditor requires a Resolution approved by the City Council authorizing the placement of the proposition on the May Special Election; and WHEREAS, the Bremerton City Council by passage of this Resolution takes no position on the proposition in forwarding to this item to the County Auditor; NOW, THEREFORE, BE IT RESOLVED by the Bremerton City Council that a proposition to issue and sell general obligation bonds to borrow $16,500,000 to acquire real property, develop, construct, and improve City parks, including a Recreation Center to be located at Sixth Street and Pearl Avenue, levy annual excess property taxes necessary to redeem the bonds, and establish fees necessary to fund operation expenses of the facilities, be placed on the May 16, 2000 special election ballot, all as provided in Ordinance No. 4694; BE IT FURTHER RESOLVED that the City Attorney provide a copy of Ordinance No. 4694, comaining a proposed ballot title for the Proposition, to the County Auditor pursuant to RCW 29.27.060. PASSED by the City Council of the City of Bremerton this __ day of ,2000. CAROL ARENDS, Council President CITY OF BREMERTON, WASHINGTON ORDINANCE NO. 4694 AN ORDINANCE of the City of Bremerton, Washington, relating to City parks and recreational facilities; providing for the incurring of indebtedness, issuing of bonds and levying of excess taxes for the purpose of paying the cost of the purchase of real property, development, construction, and improvement of City park and recreational facilities; declaring the cost of such purchase, development, construction, and improvement as nearly as may be estimated; providing for the borrowing of a total not to exceed $16,500,000; and selling general obligation bonds to pay the cost thereof, such bonds to be payable by annual property tax levies to be made in excess of regular property tax levies; and providing for the submission of the proposition of incurring such indebtedness, issuing such bonds and levying such taxes to the registered voters of the City at a special election to be held therein on May 16, 2000. WHEREAS, the City of Bremerton, Washington (the "City"), is in need of the purchase of real property, development, construction, and improvement of City parks and recreational facilities for the public health, welfare and convenience; and WHEREAS, the City does not have available sufficient funds to meet the estimated cost of such improvements, NOW, THEREFORE, THE CITY OF BREMERTON DOES ORDAIN: Section 1. The City shall acquire real property, develop, construct, and improve City parks and recreational facilities, including a Recreation Center to be located at Sixth Street and Pacific Avenue; and the cost of which, including the cost of issuing and selling the bonds provided for in this ordinance, is declared to be, as nearly as may be estimated, $16,500,000, as set forth in Exhibit A, incorporated herein by this reference. Section 2. The City shall borrow not to exceed $16,500,000 on the credit of the City, and shall issue and sell its general obligation bonds therefor for strictly municipal capital purposes other than the replacement of equipment, to provide the funds for the purposes specified in Section 1 of this ordinance. Costs of engineering, planning, financial, legal and other services lawfully incurred incident to the purposes specified in Section 1 of this ordinance shall be appropriate capital costs to be paid from the proceeds of the bonds provided for by this ordinance. Section 3. The general obligation bonds authorized by this ordinance shall bear interest, and shall mature within twenty years from date of issue, but may mature within a lesser time in such amounts, and shall be sold in such manner, as the City Council shall determine. The life of the improvements to be acquired by the issuance of the bonds is found to be at least twenty years. The bonds shall be paid by annual property tax levies made in excess of regular property tax levies, without limitation as to rate or amount, sufficient in amount to pay the principal of and interest of the bonds when due, and the bonds shall so provide. The date, interest rate or rates, maturities, option of prior redemption, form and covenants of the bonds shall be fixed hereafter by ordinance of the City Council, and the bonds shall be issued and sold when required in one or more series, and may be combined with any other series of authorized general obligation bonds. Pending the issuance of the bonds and receipt of proceeds thereof, the City Council may authorize interim interest-bearing warrants or other short-term obligations to pay for carrying out the purposes of the bonds, and the costs of such warrants or short-term obligations shall be included in the costs of those purposes. Section 4. The City Council shall establish reasonable fees for facility usage to offset anticipated operating costs of the parks and recreational facilities to be acquired, developed, constructed and improved with the proceeds of the bonds provided for by this ordinance. Section 5. The Auditor of Kitsap County, Washington, as ex officio Supervisor of Elections, by subsequent Resolution will be requested to call and conduct a special election to be held in the City on May 16, 2000, for the purpose of submitting to the registered voters of the City for their approval the question of whether or not the City shall borrow an amount not to exceed $16,500,000, issue its general obligation bonds therefor for capital purposes only, other than replacement of equipment, and levy excess taxes necessary to redeem the bonds as herein set forth. Section 6. The City will by subsequent Resolution request the Auditor of Kitsap County, Washington, as ex officio Supervisor of Elections, at least 45 days prior to May 16, 2000, to call a special election to be held on that date, a copy of this ordinance and the proposition to be submitted at that special election in the form of a proposed ballot title as follows: PROPOSITION NO. 1 PARKS AND RECREATIONAL FACILITIES IMPROVEMENT AND DEVELOPMENT BONDS - $16,500,000 Shall the City of Bremerton, Washington, borrow $16,500,000 to acquire real property, develop, construct, and improve City parks and recreational facilities, including a Recreation Center to be located at Sixth Street and Pacific Avenue, by issuing and selling general obligation bonds therefor maturing within twenty years, levy annual excess property taxes necessary to redeem the bonds and establish fees necessary to fund operating expenses of the facilities, all as provided in Ordinance No.46947 BONDS AND FEES... YES o BONDS AND FEES... NO o ~.,,.,.~~APPROVED by the City Council on first reading this ~ day of ,2000. u ¢ PASSED by the City Council of the City of Bremerton, signed by the Mayor and attested to by the City Clerk in authentication of such passage this ~ day 2000. CAROL ARENDS, Council President LYI~N HORTON, Mayor ATTEST: KATHLEEN L. McCLUSKEY, Cl~k EXHIBIT A Parks and Recreational Facilities Improvements New Recreation Center Construct a 60,000 square foot state-of-the-art Recreation Center on the southwest comer of Sixth Street and Pacific Avenue with: complete aerobic and workout facilities; a fully equipped gymnasium; climbing wall; indoor track; indoor year-round water park; meeting rooms; banquet facilities; special areas for tots, youttx teens and seniors; and on-site parking. Funding is to be provided from voter-approved GO bonds. Facility would open in Spring of 2002. Cost: $15,000,000 Sheridan Park Solicit proposals for Sheridan Park from private service providers for operation and maintenance of the facility, with emphasis (if possible) on senior services. If no acceptable proposals are received, market property for private development. Cost: None Senior Center in Manette If an acceptable proposal for Sheridan Park can meet senior programming needs, transfer Manette's programs to Sheridan Park. If no acceptable proposals for Sheridan Park are received. schedule active Senior programs (badminton, pickle-ball, Senior Fair. etc.) at new Recreation Center; make modest improvements to Manette (including additional parking); and transition remaining programs into new Recreation Center over a 10 year period. Cost: $100,000 from bond proceeds and $50,000 from other sources. Jarstad Aquatic Center Continue to work in partnership with YMCA to improve efficiency and cost-effectiveness of operations and maintenance of facilky. Complete necessary repairs and upgrades, and continue to provide public access to pool. Cost: $500,000 Pendergast Regional Park Develop multi-purpose athletic fields for youth and adult activities at Pendergast Regional Park with funding provided as part of the voter-approved GO bonds. Cost: $750,000 Park maintenance operations Vacate existing facilities at Sheridan Park; expand and beautify waterfront park property on the south/west side of Lebo Boulevard; move maintenance operations to NAD Park (utilizing the site of the log home for office and storage facilities) or to Stephenson Canyon (adjacent to the existing nursery). Cost: $150,000 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: ORDINANCE # 4~o qT, FOR AGENDA OF: Marchff,'2000 VACATING PETERS STREET RIGHT-OF-WAY ORIGINATING DEPT: PW&U Engineering Div. FROM POINDEXTER AVENUE TO HUMP~Y ORIGINATOR: Randy Witt, City Engineer AVENUE DATE SUBMITTED: February 29, 2000 ..~ 2. CLEARANCES: (comment on back', 3. EXHIBITS Director, Public Works/Utilities A. Ordinance # '4(oct 7- City Attorney B. Vicinity Map. City Treasurer C. Staff Report. Director, Community Development Council Budget & Finance Committel N 0 T E: ALL EXHIBITS WERE PROVIDED Operations Committee ON FIRST READING OF ORDINANCE MAYOR ~ ~~/.-,~ COUNCIL PRESIDENT ~-~~:- z¥~,'~, ~-4~) 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: City staff has received a petition to vacate Peters Street fight-of-way between Poindexter and Humphrey Avenues. A hearing date of March 8, 2000 was set by City Council on February 8, 2000 to hear this request for vacation. This right-of-way consists of approximately 250 feet by 60 feet of undeveloped area, much of which is on a steep slope. The vacation is being requested to eliminate a piece of undeveloped right-of-way and increase the buildable area of the abutting properties. Posting of the hearing notices and mailings to the adjacent property have been completed in accordance with the Bremerton Municipal Code. Specific items for City Council consideration are outlined in the Staff Report. The request before the City Council is to approve, disapprove, or modify this vacation of Peters Street. 8. RECOMMENDATION: B. Motion to pass Ordinance #-4(~ c~,-/, , vacating Peters Street right-of-way, om$o~o~.g- 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OFACTION PULLED TABLED APPROVED DISAPPROVED ~E'~DE~ COUNCIL DIRECTIVE DA 11. AGENDA BILL NO: ~0-- ~ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The area will remain right-of-way with no future plans for public access development. Adjacent property owners will be restricted from developing in this area. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Staffing: No impact. Budget: No impact Facilities/Equipment: No impact 7. RESEARCH SOURCES BMC 11.20 Vacation of Public Rights-of-Way RC14~ 35. 79 Streets 9933 l Filed for Record at Request of: When Recorded Return to: Name: Bremerton City Clerk Address: 239 Fourth Street Bremerton, WA 98337 Document Title: Ordinance No. x~.~ q7 Reference Number of Document Assigned or Released: Not Applicable Grantor's Name: City of Bremerton Grantee's Name: Not Applicable Tax Parcel #: Not Applicable. Abbreviated Legal Description: A PORTION OF PETERS STREET, LOTS !3 AND 14, BLOCK 23 AND LOTS 1,7, AND 8, BLOCK 24, PLAT OF OLE HANSON'S NAVY YARD ADDITION, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 56, RECORDS OF KITSAP COUNTY, WASHINGTON, SEC 21, T. 24 N., R. 1E. ORDINANCE # ~ (~ ~ -~ AN ORDINANCE Vacating a 60 feet wide by approximately 250 feet long area of right-of-way located along Peters Street between Poindexter Avenue and Humphrey Avenue. WHEREAS, Mr. Charles Haselwood has been petitioned to vacate this undeveloped right-of-way; and WHEREAS, notice has been posted and published according to law; and WHEREAS, the City Council finds that the portion of the right-of-way set forth herein is not needed for present or future use and should be vacated to allow the abutting property owners to maintain the parcel, now therefore, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Vacation. The following right-of-way is hereby vacated to the adjoining property owners. THAT PORTION OF PETERS STREET, LOTS 13 AND 14, BLOCK 23 AND LOTS 1, 7 AND 8, BLOCK 24, PLAT OF OLE HANSEN'S NAVY YARD ADDITION, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 56, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 15, BLOCK 23, SAID PLAT OF OLE HANSON'S NAVY YARD ADDITION; THENCE WEST ALONG THE NORTH LOINE OF SAID LOT 15 A DISTANCE OF 48 FEET, MORE OR LESS, TO ITS INTERSECTION WITH A LINE WHICH LIES 30 FEET SOUTHEASTERLY OF TAND PARALLEL WITH THE CENTERLINE OF SAID PETERS STREET AND THE POINT OF BEGINNING; THENCE CONTINUING WEST ALONG THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 15 A DISTANCE OF 40 FEET, MORE OR LESS, TO ITS INTERSECTION WITH A LINE LYING 30 EAST OF AND PARALLEL WITH THE CENTERLINE OF POINDEXTER AVENUE; THENCE NORTH ALONG SAID LINE 44 FEET, MORE OR LESS, TO ITS INTERSECTION WITH A LINE LYING 30 FEET NORTHWESTERLY OF AND PARALLEL WITH THE CENTERLINE OF PETERS STREET; THENCE NORTHEASTERLY ALONG SAID LINE 279 FEET, MORE OR LESS, TO ITS INTERSECTION WITH A LINE LYING 30 FEET WEST OF AND PARALLEL WITH THE CENTERLINE OF HUMPHREY AVENUE; THENCE SOUTH ALONG SAID LINE 95 FEET, MORE OR LESS, TO ITS INTERSECTION WITH A LINE LYING 30 FEET SOUTHEASTERLY OF AND PARALLEL WITH THE CENTERLINE OF PETERS STREET; THENCE SOUTHWESTERLY ALONG SAID LINE 214 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. Section 2. Reservation of Easements. Easements are reserved for all public utilities which have been established within the right-of-way subject to this vacation ordinance. An easement is reserved for Puget Sound Energy utilities and is described as follows: A STRIP OF LAND, 10 FEET WIDE AND 160 FEET LONG LYING WITHIN THE NORTHWESTERLY PORTION OF THAT PORTION DESCRIBED AS FOLLOWS: WITHIN THE NORTHERLY PORTION OF PETERS STREET AND LYING IN A NORTHWESTERLY DIRECTION FROM POINDEXTER STREET TO BE RESERVED FOR PUGET SOUND ENERGY'S UTILITY RIGHTS. Section 3. Effective date. This vacation shall become effective ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this day of ,2000. PASSED by the City Council of the City of Bremerton this day of ,, 2000. CAROL ARENDS, Council President APPROVED this day of ,2000. LYNN HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk AGENDA BILL BREMERTON CITY COUNCIL ts' 1. SUBJECT: ORDINANCE # ~b ~ 8, FOR AGENDA OF: March~, 2000 VACATING 124 STREET AND 2 ALLEYS ORIGINATING DEPT: PW&U Engineering Div. BETWEEN PARK AND ELIZABETH AVENUES. ORIGINATOR: Rand), Witt, City Engina~r, DATE SUBMITTED: February 29, 2. CLEARANCES: (comment on 3. EXI-IIBITS Director, Public Works/Utilities A. Ordinance # "~/oC~ ~ City Attorney B. Vicinity Map. City Treasurer C. Staff Report. Director, Community Development Council Budget & Finance Committee N 0 T E: OperafionsCornrnittee ALL EXHIBITS WERE PROVIDED ON FIRST READING OF ORDINANCE ENDO RS E,~MI~o~-- ~ / _INF~~. O NCOUNcILAPPR O VEDBpRESiDENT Y C O UN CILP ~F O~ MAYOR ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: City staff has initiated the process to vacate 12TM Street and 2 alleys between Park Avenue and Elizabeth Avenue. A hearing date of March 8, 2000 was set by City Council on February 8, 2000 to hear this request for vacation. This right-of-way consists of three undeveloped strips; one 20 feet by 148 feet, another 14 feet by 132 feet, and another 14 feet by 282 feet. A City park, a parking lot, and the Kitsap Community Resource's Facility are currently encroaching on these rights-of-way. Posting of the hearing notices and mailings to the adjacent property have been completed in accordance with the Bremerton Municipal Code. Specific items for City Council consideration are outlined in the Staff Report. The request before the City Council is to approve, disapprove, or modify this vacation of a part of 12t~ Street and the alleys. 8. RECOMMENDATION: B. Motion to pass Ordinance # E , vacating 12~ Street and 2 alley rights-of-way, o~ 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OFACTION PULLED TABLED APPROVED DISAPPROVED A~-~: ]~ COUNCIL DIRECTIVE D 11. AGENDA BILL NO: 0-07o 4[5 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The strips of land will remain rights-of-way with no developed or proposed access development on them. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Staffing: No impact. Budget: No impact Facilities/Equipment: No impact 7. RESEARCH SOURCES BMC 11.20 Vacation of Public Rights-of- Way RCW 35. 79 Streets 99331 Filed for Record at Request of: When Recorded Return to: Name: Bremerton City Clerk Address: 239 Fourth Street Bremerton, WA 98337 Document Title: Ordinance No. ~6~3C~ Reference Number of Document Assigned or Released: Not Applicable Grantor's Name: City of Bremerton Grantee's Name: Not Applicable Tax Parcel #: Not Applicable. Abbreviated Legal Description: A PORTION OF BLOCK 4 AND 5 OF THE PLAT OF CENTRAL ADDITION TO THE CITY OF BREMERTON SITUATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SEC., 14, T. 24 N., R. 1, E., W. M., RECORDS OF KITSAP COUNTY, WASHINGTON. ORDINANCE # ~. ~ ~(~ AN ORDINANCE Vacating a 20 feet wide by 148 feet long portion of right- of-way located at 12u~ Street east of Park Avenue and two alley rights-of-way; 14 feet wide and 132 feet long, and 14 feet wide and 132 feet long south of 13'h Street and east of Park Avenue. WHEREAS, the City of Bremerton has initiated the process to vacate this undeveloped portion of the right-of-way; and WHEREAS, notice has been posted and published according to law; and WHEREAS, the City Council finds that the portion of the right-of-way set forth herein is not needed for present or future use and should be vacated to allow the abutting property owners to maintain the parcel, now therefore, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Vacation. The following right-of-way is hereby vacated to the adjoining property owners. THAT PORTION OF THE PLAT OF CENTRAL ADDITION TO THE CITY OF BREMERTON, SITUATE IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 24 NORTH, RANGE 1 EAST, WlLLAME'I-FE MERIDIAN, MOR PARTICULARLY DESCRIBED AS FOLLOWS: AN ALLEY OF 14 FEET WIDTH AND APPROXIMATELY 290 FEET IN LENGTH LYING ADJACENT TO THE NORTH LINE OF LOTS 1. AND 8, BLOCK 5 OF THE SAID PLAT. AN ALLEY OF 14 FEET WIDTH AND APPROXIMATELY 132 FEET IN LENGTH LYING ADJACENT TO AND IN BETWEEN LOTS 1 THROUGH 8, INCLUSIVE, BLOCK 5 OF THE SAID PLAT. AN ALLEY BETWEEN LOT 5, BLOCK 5 AND LOTS 1 AND 11, BLOCK 4 OF THE SAID PLAT. Section 2. Reservation of Easements. This vacation shall have no affect on public utility easements or private easements which have been established within the rights-of-way subject to this vacation ordinance. Section 3. Effective date. This vacation shall become effective ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremer[on this day of ,2000. PASSED by the City Council of the City of Bremerton this day of ,2000. CAROL ARENDS, Council President APPROVED this day of ,2000. LYNN HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk AGENDA BILL BREMERTON CITY COUNCIL 1. stma CT: O INAnCE# 4toqq', FORAGENDA OF: Marchff, 2000 VACATING A PORTION OF SHORE DRIVE ORIGINATING DEPT: PW&U Engineering Div. BETWEEN PERRY AVENUE AND IRONSDES ORIGINATOR: Randy Witt, City Engine. er AVENUE DATE SUBMITTED: February 29, 2000 2. CLEARANCES: (comment on back 3. EXHIBITS Director, Public Works/Utilities A. Ordinance # City Attomey B. Vicinity Map. City Treasurer C. Staff Report. Director, Community Development Council Budget & Finance Committe~ T E: Operations Committee ALL EXHIBITS WERE PROVIDED ON FIRST READING OF ORDINANCE APPROVED BY ENDORSEMENT X INFs~P~TION MAYOR ~.-~'~. COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: City staff has initiated the process to vacate a portion of Shore Drive between Perry Avenue and Ironsides Avenue. A hearing date of March 8, 2000 was set by City Council on February 8, 2000 to hear this request for vacation. This right-of-way consists of approximately 265 feet long by 10 feet wide of undeveloped right-of-way along the south side of the right-of-way. Both the City and the County have inaccurately described this right-of-way in the past as a 50-foot right-of-way. Existing properties abutting this right-of-way have structures built to this 50-foot right-of-way line and are encroaching on City right-of-waY. Posting of the hearing notices and mailings to the adjacent property have been completed in accordance with the Bremerton Municipal Code. Specific items for City Council consideration are outlined in the Staff Report. The request before the City Council is to approve, disapprove, or modify this vacation of a portion of Shore Drive. 8. RECOMMENDATION: B. Motion to pass Ordinance #4 _(O q, q. , vacating a portion of Shore Drive right-of-way, on $¢c~x,:k reosk'<5. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE DA 11. AGENDA BILL NO: ~ ' O7 t 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The adjacent properties will continue to have structures encroaching onto the City right-of-way. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Staffing: No impact. Budget: No impact Facilities/Equipment: No impact 7. RESEARCH SOURCES BMC 11.20 Vacation of Public Rights-of- Way RCW 35. 79 Streets 99331 Filed for Record at Request of: When Recorded Return to: Name: Bremerton City Clerk Address: 239 Fourth Street Bremerton, WA 98337 Document Title: Ordinance No. "~ ~.q Reference Number of Document'Assigned or Released: Not Applicable Grantor's Name: City of Bremerton Grantee's Name: Not Applicable Tax Parcel #: Not Applicable. Abbreviated Legal Description: A PORTION OF SHORE DRIVE (WATER STREET) BLOCK 24 AND 25 OF THE PLAT OF DECATUR VOL. 1, PG. 67 RECORDS OF KITSAP COUNTY, WASHINGTON, SEC. 13, T. 24 N, R. 1 E. ORDINANCE # AN ORDINANCE Vacating a 10 feet wide by 265 feet long portion of right- of-way located along Shore Drive from Perry Avenue to Ironsides Avenue. WHEREAS, the City of Bremerton has initiated the process to vacate this undeveloped portion of the right-of-way; and WHEREAS, notice has been posted and published according to law; and WHEREAS, the City Council finds that the portion of the right-of-way set forth herein is not needed for present or future use and should be vacated to allow the abutting property owners to maintain the parcel, now therefore, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Vacation. The following right-of-way is hereby vacated to the adjoining property owners. THE SOUTH 10 FEET OF THE 60 FOOT RIGHT-OF-WAY OF SHORE DRIVE (FORMERLY WATER STREET), LYING NORTHERLY OF AND ABUTTING LOTS 1 THROUGH 4, BLOCK 24 AND LOTS 1 THROUGH 6, BLOCK 25, LOCATED IN THE PLAT OF DECATUR, AS RECORDED IN VOLUME 1 OF PLATS, PAGE 67, RECORDS OF KITSAP COUNTY, WASHINGTON, SITUATE IN GOVERNMENT LOT 4, SECTION 13, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. Section 2. Reservation of Easements. This vacation shall have no affect on public utility easements or private easements which have been established within the rights-of-way subject to this vacation ordinance. Section $, Effective date. This vacation shall become effective ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this day of ,2000. PASSED by the City Council of the City of Bremerton this day of ,2000. CAROL ARENDS, Council President APPROVED this day of ,2000. LYNN HORTON, Mayor A'I-I-EST: KATHLEEN McCLUSKEY, City Clerk AGENDA BILL BREMERTON CITY COUNCIL t55 1. SUBJECT: ORDINANCE # 4'7 00, FOR AGENDA OF: March~, 2000 VACATING A PORTION OF CHESTER AVENUE ORIGINATING DEPT: PW&U Engineering Div. FROM 11TM STREET NORTHWARD 120 FEET ORIGINATOR: Randy Witt, City Enginee, r DATE SUBMITTED: February 29, 2000 2. CLEARANCES: (comment on back iJ/j~~ .. 3. EXHIBITS Director, Public Works/Utilities /~,,,(3.~,..~ A. Ordinance # -,~'70 O · City Attorney (_~_~_~/~c,,__ B. Vicinity Map. City Treasurer ,~..~~__ C. Staff Report. Director, Community Development [ ._ . Council Budget & Finance Committee ,.~ ~/"- ~-- -'-""*' '~ ' ' ./2 ~[lqOTE: Operations Committee ff~-?.,.~"~',~~~ IALL EXHIBITS m~RV. PROVIDED " ~ [0lq FIRST READING OF ORDINAlqC]~ x rNFORt TXON PROVED BY FOR ENDORSEMENT m¥OR COUNC LP Sn m --'- 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: City staff has received a petition to vacate a portion of Chester Avenue fi.om 11~ Street northward 120 feet. A hearing date of March 8, 2000 was set by City Council on February 8, 2000 to hear this request for vacation. This right-of-way consists of approximately 120 feet long by 8 feet wide of undeveloped fight-of-way. The right-of- way is being requested to be vacated to increase the buildable area on the lot. Posting of the heating notices and mailings to the adjacent property have been completed in accordance with the Bremerton Mumcipal Code. Specific items for City Council consideration are outlined in the Staff Report. The request before the City Council is to approve, disapprove, or modify this vacation of a portion of Chester Avenue. 8. RECOMMENDATION: B. Motion to p~s Ordinance # ,~t 7g>O, vacating portion of Chester Avenue right-o'S-way. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OFACTION PULLED TABLED APPROVED DISAPPROVED ~idE~ 4 COUNCIL DIRECTIVE DA 11. AGENDA BILL NO: 00" 0 7~ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The buildable area of the adjacent properties will be restricted if the vacation ordinance is not passed. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Staffing: No impact. Budget: No impact Facilities/Equipment: No impact 7. RESEARCH SOURCES BMC 11.20 Vacation of Public Rights-of- Way RCW 35.79 Streets 99331 5'7 Filed for Record at Request of: When Recorded Return to: Name: Bremerton City Clerk Address: 239 Fourth Street Bremerton, WA 98337 Document Title: Ordinance No. Reference Number of Document Assigned or Released: Not Applicable Grantor's Name: City of Bremerton Grantee's Name: Not Applicable Tax Parcel #: Not Applicable. Abbreviated Legal Description: A PORTION OF LOT 5, TRACT 8 OF THE PLAT OF WARREN SMITH'S ACRE TRACTS, RECORDED IN VOL.2 OF PLATS, PAGE 51, RECORDS OF KITSAP COUNTY, WASHINGTON, SEC. 14, T. 24 N., R.1 E. ORDINANCE # '~¢7~ AN ORDINANCE Vacating a 8 feet wide by 120 feet long portion of right- of-way located along Chester Avenue from 11'h Street northward 120 feet. WHEREAS, Mr. Richard Sollom has petitioned to vacate this undeveloped portion of the right-of-way; and WHEREAS, notice has been posted and published according to law; and WHEREAS, the City Council finds that the portion of the right-of-way set forth herein is not needed for present or future use and should be vacated to allow the abutting property owners to maintain the parcel, now therefore, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Vacation. The following right-of-way is hereby vacated to the adjoining property owners. 55 THE EAST 8 FEET OF THE WEST 15 FEET OF THE SOUTH 125 FEET OF LOT 5, TRACT 8, WARREN SMITH'S ACRE TRACTS, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 51, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE SOUTH 4.62 FEET. Section 2. Reservation of Easements. This vacation shall have no affect on public utility easements or private easements which have been established within the rights-of-way subject to this vacation ordinance. Section 3. Effective date. This vacation shall become effective ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this day of ,2000. PASSED by the City Council of the City of Bremerton this day of ., 2000. CAROL ARENDS, Council President APPROVED this day of ,2000. LYNN HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk POLICE MANAGEMENT NEGOTIATIONS COST COLA INCREASES D. JF_EEJ~7~. 3% 1-1-2000, 1/2 % 7-1-2000 7,090 NEW LONGEVITY 9,994 INSURANCE PLAN A 1,483 CLOTHING ALLOWANCE 50 CERTIFICATIONS 2,276 TOTAL INCREASE 20,893 PERCENT CHANGE 5.12% c:\123files\Police 1 3/15/00 3:43 PM POLICE MANAGEMENT NEGOTIATIONS %BASED STANDARD CLEANING/ MOX 74,880 4,650 5,655 1,299 0 0 725 87,209 ROGERS 78,593 4,881 7,126 1,511 0 0 725 92,836 WOLFE 67,704 2,525 5,989 1,129 150 987 725 79,209 PRATT 63,105 3,919 5,983 0 0 0 725 73,732 VACANT 63.105 3.282 5;983 1.262 0 987 725 75.344 TOTAL 347,387 19,257 30,736 5,201 150 1,974 3,625 408,330 COLA 2000 3% 1-1-2000, 1/2% 7-1-2000 MOX 80,407 4,993 5,655 0 0 0 0 91,055 ROGERS 84,693 5,260 7,126 0 0 0 0 97,079 WOLFE 69,904 2,607 5,989 1,166 150 987 725 81,528 PRATT 68,003 4,223 5,983 0 0 0 0 78,209 VACANT 65,156 3,389 5.983 1.303 0 987 725 77.543 TOTAL 368,163 20,472 30,736 2,469 150 1,974 1,450 425,414 17,084 INSURANCE PLAN A MOX 175 175 ROGERS 229 229 WOLFE 481 481 pRATT 229 229 VACANT 369 369 TOTAL 1,483 1,483 1,483 CLOTHING ALLOWANCE 50 50 50 CERTIFICATIONS ROGERS (2) 1,564 1,564 1,564 UOX (1) 712 712 712 TOTAL PAYROLL 429,223 20,893 % DIFFERENCE 5.12% c:\123files\Police 1 3/15/00 3:44 PM Howard Striclder & ,4ssociates 2865 Mt. Rainier Drive S Seattle, WA 98144 Tel. (206) 722-3719 Fax (206) 722-3861 Date: March 15, 2000 To: Bremerton Mayor and Ci,~ Council From Howard T. Striclder, City s Labor Negotiat~'r~d Subject: Labor Agreement with the Bremerton Police Officers Guild The negotiations have been completed for a one (1) year Labor Agreement between the City and the Bremerten Police Officers' Guild. Negotiations began in early summer of 1999 and were concluded in January of this year. The negotiations had broken down and a Public Employment Relations Commission (PERC) mediator was called in to assist the parties reach agreement. If we had not reached agreement, we would have again been faced with the prospect of going to binding arbitration. As a result of protracted mediation and the negotiation of some of the language issues in the contract, the parties were able to reach resolution. A summary of the settlement is as follows: 1 This Agreement focuses on an across thc board wage increase of 3% effective January 1, 2000 and another .5% increase July 1, 2000, with a total cost to the City of 3.25%. 2. In addition to the above~ some improvements to the contract were made that will assist Police management when administering the Agreement. The following changes are proposed: Article 6.2 Hours of Work - Language was added that clarifies and grants greater flexibility in scheduling Officers who work in functions other than regular patrol. These functions include Bike, Boat, K-9, Traffic Patrols and School Resources. This will assist the Chief in providing better service to the community in times when special emphasis may be needed. · Article 6.6 Training - Work shifts may be changed by the Chief to accommodate structured training and avoid the payment of overtime when such training occurs. · Article 7.3 Compensatory Time - New language was added to limit compensatory time to a maximum 50 hour bank and which will allow employees to cash out such compensatory time at the end of each year at their option. · Article 8.3 Vacation Scheduling - Language was included that clarifies the method of bidding on vacation time off. · Article 12.2 Jury Duty, Witness Fees - Language was added that clarifies the circumstances under which employees must report back to work if released from Jury Duty. · Article 14.2 Insurance Premiums Payments - For the first time, thc amount that an employee must contribute toward dependent medical for Group Health was set at $10 per month per dependent to a maximum of $30 per month per family. · Article 24.2 K-9 Premium - The amount paid to K-9 Officers when caring for their animals, was increased fxom $12.38 per hour to $12.75 per hour as of January 1, 2000, and to $12.81 per hour July 1, 2000. These increases parallel thc cost of living increases for wages above. · Other Changes - There are other minor housekeeping changes throughout thc contract. The negotiation team realizes that this settlement is only for one year and perhaps a longer-term agreement is more desirable. However, a longer-term agreement was not possible at this time. Thc Guild continues to take an aggressive posture with regard to their increases and would surely have pursued arbitration if this agreement had not been reached. With the impact of Initiative 695 still somewhat unknown; both parties felt that a wait-and-see period would be best. Negotiations will begin again this summer for a successor contract.