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HomeMy WebLinkAbout08/01/2012 AGENDA i CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 AUGUST 1, 2012 CITY COUNCIL MEETING AGENDA 1 BRIEFING: EFING: 5 00 — 5 30 P M in COUNCIL CONFERENCE ROOM 603 A General Council Business 2 CALL TO ORDER 5 30 P M in FIRST FLOOR CHAMBERS A Pledge of Allegiance B Invocation 3 SHORELINE MASTER PROGRAM UPDATE — " Code Layout and General Requirements" — Nicole Floyd, City Planner II, Department of Community Development 4 PUBLIC RECOGNITION 5 MAYOR'S REPORT 6 CONSENT AGENDA A Claims & Check Register B Minutes of Meeting — July 18, 2012 C Minutes of Study Session — July 25, 2012 D Approval of Collective Bargaining Agreement by and between the City of Bremerton and General Teamsters Local Union 589 7 PUBLIC HEARINGS A Ordinance No 5188 adopting the South Kitsap Industrial Area (SKIA) Sub -Area Plan as part of the Comprehensive Plan, and amending Chapter 20 80 of the Bremerton Municipal Code (BMC) to activate the Development Regulations B Ordinance No 5189 adopting the Planned Action Ordinance for the South Kitsap industrial Area (SKIA) 8 GENERAL BUSINESS — There are no General Business Items tonight 9 COUNCIL MEMBER REPORTS 10 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® Americans with Disabilities Act (ADA) accommodations provided upon request Those requinng special accommodations please contact the City Clerk at (360) 473 -5323 by noon on the day preceding the Meeting BREMERTON CITY COUNCIL MEETING SPEAKERS LIST "Now that the Election Season is here, please be aware that per the Bremerton City Council Rules & Procedures, discussion of ballot issues is prohibited after the issue has qualified for the ballot; and all announcements or advertising concerning candidates is also prohibited..." PLEASE PRINT YOUR NAME BELOW IF YOU WISH YOUR COMMENTS TO BE INCLUDED IN THE RECORD REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU �0 4 r 4 V A T1 0 0 0 doutmm WMAO ONWPAT ROMM Ve- y ` •� 6 ° ° o 4- r ;s ° o ° -S - 9 O 0 ° gA B°a di 0O ° aoD " o „L__ Nathan Adrian of Bremerton celebrates his gold medal win in the men's 100 -meter freestyle swimming final in London on Wednesday. f ° f pO f , o r Nathan, 23 years old, was born on July 12, 1988 here in Bremerton He started swimming at age five after his siblings and friend began lessons He is a student at the University of California in Berkeley, and has said that after he graduates he plans to continue his swimming career for several years before moving back to his hometown to become a doctor and start a family Bremerton's Nathan Adrian at London Olympic Games w F r i W Y1 G 1 Nathan Adrian of Bremerton, third from left, and teammates Cullen Jones, Ryan Lochte and Michael Phelps pose with their silver medals from the 400 -meter freestyle relay on Sunday !I f I t { r Bremerton's Nathan Adrian receives his silver medal Sunday along with his teammates in the 400 -meter freestyle relay at the 2012 Olympics in London AGENDA BILL CITY OF BREMERTON CITY COUNCIL C&A eeerrrrrreererrreeeeeeeeeseeeeeeeeereereeeerrreerereeerreerrrrrrrrrerrrrrrerrrrrererrrrr SUBJECT: Claims & Check Register Study Session Date COUNCIL MEETING Date August 1, 2012 Department Financial Services Presenter Cathy Johnson Phone 473 -5296 SUMMARY: Consent Agenda item Approval of checks and electronic fund transfers ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount) APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: 1) Check #'s 349380 through 349594 and EFT's 12029 through 12065 in the amount of $1,946,182 67 2) Retiree Payroll for the pay period ending July 31, 2012 in the amount of $63,54187 STUDY SESSION ACTION: sent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT g COUNCIL ACTION: � Deny ❑ Table ❑ Continue ❑ No Action Form Updated 114112 J AGENDA BILL CITY OF BREMERTON CITY COUNCIL (08 ■• rrrrrrrrrrrrr rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrre�r�rrrrrrrrrrrrrrrrrrrrrsrrrr rrr � SUBJECT: City Council Minutes for COUNCIL MEETING Date Iq aq u Y4- t, - 1 ;1, TU I �g , 20 Department. City Council Y Presenter Jim McDonald Council President Phone (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) N/A APPROVALS: N/A RECOMMENDED MOTION: Move to approve the Consent Agenda as presented STUDY SESSION ACTION: [Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, July 18, 2012 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, July 18, 2012, at 5 00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6 th Street, Bremerton, Washington, with Council President Jim McDonald presiding Council Members present were Nick Wofford, Eric Younger, Faye Flemister, Greg Wheeler, Roy Runyon, Adam Brockus, and Leslie Daugs Council Member Carol Arends was absent Also present were City Attorney Roger Lubovich, City Clerk Shannon Conn, and Legislative Assistant Lori Smith A COUNCIL BRIEFING was held to discuss General Council Business at 5 00 PM in the Council Conference Room At 5 30 PM the meeting moved to the Meeting Chambers The Pledge of Allegiance was led by Council Member Leslie Daugs followed by the invocation provided by Pastor Denis Huelle of Peace Lutheran Church SHORELINE MASTER PROGRAM UPDATE Nicole Floyd City Planner II, Community Development, provided a presentation on the Shoreline Master Program Update regarding "Ecology Requirements and Research Documents" More information including the schedule of presentations can be found at SMP @ci bremerton wa us PUBLIC RECOGNITION Teresa Osinski Executive Vice President of the Home Builders Association, asked that before the Shoreline Master Program is adopted, she would like to know how many properties will become "non- conforming ", and what does the City have planned to address this issue Todd Best asked that the Mayor's Report return to the original place on the agenda prior to Public Recognition, felt discouraged that the Council does not seem to recognize or care about the citizens who provide comments, and lastly invited the Mayor, Council Members, and their families to participate in a work party that will be held all day on Saturday, August 4 to clean up the headstones and area around the Tomb of the Unknown Soldier at Ivy Green Cemetery Mike Walton Marketing Director of the Bremerton Family YMCA, provided an update on the construction taking place, and highlighted the activities scheduled at the "Y" over the summer Vern LaPrath began to mention that the Bremerton School District would be asking voters to approve a $7 6 million Capital Projects Levy, however City Attorney Roger Lubovich explained that per the Bremerton City Council Rules and Procedures Rule 9, Item 4 titled "Ballot Issues ", Discussion of ballot issues is prohibited after the issue has qualified for the ballot Wayne Keffer President of Home Builders Association (HBA), and Judy Eagleson 2 "d Vice - President of HBA, both shared information on their organization and its range of resources, and indicated that they are available to offer the small business owner and construction industry a fair perspective of issues that come before the Council MAYOR'S REPORT Mayor Patty Lent • Thanked Mr Best for his efforts to organize a clean -up event at Ivy Green Cemetery, • Was proud to present the seventh "Outstanding Performance" award from the Washington State Department of Ecology which was accepted by Wastewater Manager Pat Coxon on behalf of his crew, and Public Works Director Chal Martin • Presented City Clerk Shannon Corin with a Certificate of Completion from the Northwest Clerks Institute, Professional Development I, • Presented Mayor's Appreciation Award to each student from Kitsap Youth in Action for taking pride in their community and helping to eliminate graffiti, City Council Reg Mtg Minutes Wednesday, July 18, 2012 Page 2 of 8 • For those looking to enhance their fob skills, the Bremerton Goodwill Job Training & Education Center offers a 9 -week course that begins on August 6, • Looked forward to the 2 nd Annual Brewfest that will be held this Saturday, July 21 from Noon to 9 00 PM in downtown Bremerton, and • Reported that this Sunday, July 22, would be the first time that every single picnic table and shelter in all of the City Parks has been reserved for use by local families CONSENT AGENDA 6A Check Numbers 349030 through 349379, and EFT -11965 through EFT -12028 in the amount of $4,860,99712, Payouts for Regular Payroll for the pay period ending June 15, 2012 in the amount of $13,66610, Regular Payroll for the pay period ending June 30, 2012 in the amount of $678,381 64, Retiree Payroll for the pay period ending June 30, 2012 in the amount of $63,087 77, and Regular Payroll for the pay period ending July 15, 2012 in the amount of $696,22580 6B Minutes of Meeting — June 20, 2012 6C Minutes of Study Session — June 27, 2012 6D Minutes of Special Meeting — July 11, 2012 6E Minutes of Study Session — July 11, 2012 6F Appointments of Kelli Lambert, Bob Dollar, and Michael Goodnow to the Community Development Block Grant (CDBG) Recommendation Committee 6G Resolution No 3175 granting consent and approval of owner transfer from Sandler Capital Management to Oak Hill Partners (Franchise Agreement) 6H Award Contract to Stan Palmer Construction, Inc for construction of the "Highway Safety Improvement Project' 6I Award Contract to Valmont Industries, Inc for installation of the radio tower antenna on the 100 -foot self supporting Tower at 100 Oyster Bay Avenue 6J Professional Services Agreement with HDR Engineering, Inc for 2012 Wastewater System Comprehensive Plan Update There were no comments or questions from the public 06:15:25 Motion was made by Flemister, and seconded by Wheeler Roy Runyon referred to Item 6G, and asked if Wave Broadband rates would go up City Clerk Shannon Corin responded that this was dust a change in equity partners, and that rates would remain the same 06:16:36 M /S /C /U (Flemister/Wheeler) Move to approve the CONSENT AGENDA as presented PUBLIC HEARING 7A — ORDINANCE NO. 5187 AMENDING CHAPTER 20.04 OF THE BREMERTON MUNICIPAL CODE (BMC) TITLED "STATE ENVIRONMENTAL POLICY ACT " Andrea Spencer Director of Community Development, explained that the Bremerton Municipal Code (BMC) Chapter 20 04 contains provisions for the City's implementation of the State Environmental Policy Act (SEPA) requirements The City's regulations were drafted primarily in 1984, and since that time the state legislature has made modifications to SEPA Staff recommends that Council update the references in the BMC to include new provisions contained in the Washington Administrative Code (WAC) related to SEPA City Council Reg Mtg Minutes Wednesday, July 18, 2012 Page 3 of 8 The proposed ordinance contains two (2) updates to the SEPA rules 1) Reference is added to BMC 20 04 010 "Statutory Authority' to include reference to the City's Comprehensive Plan, Capital Facilities Plans, and Municipal Code These references are important to these policies and regulations and their associated environmental review documents are often used during the mitigation process for development projects 2) Adds a new Section 20 04 205 called "Planned Action" This incorporates the provisions contained within the WAC 197-11-164,197-11-168, and 197 -11 -17 President McDonald opened the public hearing for comment With no further comments the hearing was closed to the public and opened to the Council for discussion 06:20:02 Motion was made by Brockus, and seconded by Runyon Mr. Runyon asked if these changes would create hindrances to business development Ms. Spencer answered the process will be streamlined so businesses will benefit from the changes 06:21:09 M /S /C /U (Brockus /Runyon) Move to pass Ordinance No 5187 amending Chapter 20 04 BMC State Environmental Policy Act to include provisions for Planned Action environmental review and clarify the statutory authority 713 — RESOLUTION NO. 3176 ADOPTING THE 2013 -2018 SIX -YEAR TRANSPORTATION IMPROVEMENT PLAN Tom Knuckev City Engineer, summarized that the Six -Year Transportation Improvement Program (TIP) is prepared pursuant to Revised Code of Washington (RCW)3577010 The TIP is updated annually and filed with the Secretary of Transportation, Local Programs Office It is intended as a planning tool for the local, State, and Federal transportation improvement entities The TIP has been prepared for City Council approval by resolution prior to submittal to the Washington State Department of Transportation This TIP is consistent with Bremerton's Comprehensive and Non - Motorized Transportation Plans President McDonald opened the public hearing for comment With no further comments the hearing was closed to the public and opened to the Council for discussion 06:24:10 Motion was made by Runyon, and seconded by Brockus Mr. Runyon asked about O & M estimates, and Mr. Wofford asked if there were any listed items that would be addressed by the TBD Mr. Knuckev responded that information on O & M estimates can be brought to Council at the time they apply for grants, and that two projects on the list would be addressed with TBD funding 06:27:42 M /S /C /U (Runyon /Brockus) Move to approve Resolution No 3176, which approves the City's 2013 -2018 Six -Year Transportation Improvement Plan, and direct the Mayor to forward the Resolution and Plan to the Department of Transportation, Local Programs Office 7C — CONSIDERATION OF PROTESTS REGARDING UTILITY UNDERGROUND CONVERSION Gary Sexton Project Manager, summarized that as part of the Park Avenue downtown redevelopment project the City converted overhead utilities to underground utilities Pursuant to RCW 35 96 050, when the underground utilities are available for connection, the City must mail notice to adjoining property owners that they must convert such utility service lines from overhead to underground within 90 days after the date of mailing of the notice On May 30, 2012, the City mailed such notice to the adjoining property owners RCW 35 96 050 also provides that if the owner files a written objection to the utility conversion within 30 days from mailing of the notice, that the City shall schedule and conduct a hearing to determine whether such a conversion is in the public benefit Three (3) adjoining property owners have filed a protest The purpose of this City Council Reg Mtg Minutes Wednesday, July 18, 2012 Page 4 of 8 hearing is to consider the protests and determine whether or not the removal of services and conversion of utilities from overhead to underground pursuant to RCW 35 96 050 is in the public benefit City Clerk Shannon Corin announced that a letter was included into the record from David A Bricklin of Bricklin & Newman, LLP, on behalf of the Soriano Brothers and Navy Yard Investment Company to protest the conversion City Attorney Roger Lubovich emphasized that the purpose was to determine whether or not the disconnection and removal of all or part of the overhead utilities is in the public benefit If it is determined that it is in the public benefit as required by State law, then the property owners shall convert the service Ines from overhead to underground Mr Lubovich further described the process for the heanng tonight, stating that first it would be opened, the Mayor would provide a bnef opening statement, Gary Sexton would provide a detailed staff presentation, the protesting property owners would speak to the issue, as well as anyone else present, and then the Council Members will be allowed to comment and ask questions Rebuttal will also be allowed, and Assistant City Attorney Mark Koontz will be available to address legal issues raised by the Council Members Following the presentations and discussion, the Public Hearing would then be closed to allow Council deliberation to come to a decision If necessary, the Public Heanng may be reopened by the Council to ask more questions from anyone that previously made a presentation or provided testimony President McDonald opened the public hearing for comment and testimony Mayor Lent referred to the City's Comprehensive Plan approved in 2004, which includes language that the City would encourage providers to under - ground their utilities Roy Runyon was concerned that even though the City "encouraged underground utilities" the problem is that no discussion was included about who would bear the costs Mr Sexton continued his presentation, using photos and providing further details, including several options that were considered, including suggestions and accommodations that were offered to reduce costs Assistant City Attorney Mark Koontz responded to a request for the definition of "Public Benefit", establishing that because the term is not defined in the statute, and there is no case law that defines criteria, the ordinary dictionary definition is used Mr Sexton pointed out however, that the preamble to the statute includes language that underground utilities are a public benefit Mr Sexton along with Mr Koontz further addressed comments and responded to specific questions raised during the discussion by Council Members Daugs, Wofford, Brockus, Younger, Flemister, Wheeler, and Runyon 07 35 35 President McDonald now asked for comment from any other member of the public and /or affected property owners Joe Hudson Evergreen Trophies and Evergreen Kitchen, expressed his concern that he was not even contacted by the City when part of the alley was taken away And then after talking to the potential owners of the apartment complex pad, they revealed that they can not build the apartment until the utilities are underground He is very concerned that no estimates of the costs were ever provided to him and the only beneficiary of under - grounding the utilities appeared to be the private developer of the apartment complex City Council Reg Mtg Minutes Wednesday, July 18, 2012 Page 5 of 8 David A. Bricklin Bricklin & Newman, LLP, countered that he believed he found 320 Washington State cases that addressed the issue of "public benefit ", and discussed the specifics of one particular case that addressed an example of a public benefit that was in violation of the constitutional right that prevents the government from taking private property unless it is for public use, not public benefit which he believed this was a similar situation because the City was "forcing the property owners along this alley to dig into their own pockets to help provide for a project that doesn't help them ", which he beleives is not constitutional Jerry L. Soriano provided a brief history on how he first learned about this issue and the reasons why he believes this action was initiated, which would actually be for the benefit of a developer who plans to build apartments He also expressed his disappointment that the City chose to "ignore" a list of other, cheaper options that would have greatly reduced the amount of fees he as a property owner is being asked to pay Mr. Koontz addressed the previous comments from Mr Bricklin and Mr Soriano, and summarized that although he can appreciate the arguments and concerns with respect to the costs, it is not a consideration for the Council at this hearing tonight Further comments were received by Wheeler and Flem►ster, and additional questions were asked by Runyon and Wofford, which Mr Sexton and Mr Koontz responded to Mr Lubovich responded to the possibilities of mitigating costs by establishing that the action before the Council was to determine whether or not this is a public benefit, and that mitigating costs would be another issue and McDonald asked questions regarding the letter received from Mr Bricklin Mr. Bricklin also responded to the questions and comments, and also suggested an option for the Council to conclude that this was a public benefit provided that the impact on the private property owners was adequately mitigated He also raised the possibility of continuing the hearing Carlos Jara as a small business owner downtown he was concerned that if the owners were forced to incur these costs, the increase will then be passed onto the customers He believes the "public benefit' would be to help the downtown businesses keep their costs low Jerry McDonald agreed with the previous comments, and if the City places another burden on downtown property owners, it will not do anything to help fill the empty buildings currently in and around downtown Todd Best can see that although the overhead lines are not as aesthetically pleasing, does not believe the property owners should have to pay the costs to place the utilities underground 08:30:10 Motion was made by Runyon to continue the Public Hearing to the August 1, 2012 City Council Meeting Motion died for lack of a second With no further comments from the public, President McDonald closed the Public Hearing 08:31:15 Main Motion was made by Wheeler, and seconded by Brockus 08:33:18 Amendment was made by Runyon, and seconded by Flem►ster to add " provided that the City mitigate the cost to the property owners to reconnect to underground power" Mr. Lubovich raised several concerns about proposed amendment including the definition of "mitigate ", and what would happen if an agreement is not reached 08:36:32 with more questions now raised, President McDonald reopened the Public Hearing Mr. Bricklin stated that he and his client would desire further discussion regarding the mitigation issue, as well as provided a suggestion for a more specific term City Council Reg Mtg Minutes Wednesday, July 18, 2012 Page 6 of 8 Mr. McDonald questioned if the Council approved the original motion, would there be another mechanism available to assist in reaching a settlement agreement? Mr. Bricklin said that it would be a more expensive option Mr. Hudson said that he would be agreeable to a mitigation option, suggesting that the sale of the pad would provide enough money to pay for the underground conversion 08:39:32 with no further questions or comments from the public, President McDonald again closed the Pubhc Hearing, and reopened discussion to the Council Ms. Flemister was concerned that this action may open the door for other property owners to come forward to also ask for help with mitigating their costs Mr. Koontz provided his reasons why he believed that any action taken by the Council tonight would not affect other projects, and Mr. Lubovich added that the 30 -day time period to object has already passed Mr. Younger provided several reasons why he would not support the amendment Mr. Brockus stated that he believes the City should compensate the property owners, but he too has concerns with the proposed amendment Ms. Daugs expressed her reservations and confirmed that she will vote no on the amendment Mr. Wofford reminded the Council that the costs should not be considered, and clarified that the only decision they are being asked to make is whether or not the action is a "public benefit' Mr. Runyon questioned why the Council would not consider continuing the hearing if they are now concerned they do not have enough information Ms. Daugs further explained why she could not support a continued hearing 08:50:08 Amendment -M /S /F (Runyon / Flemister) Based on the testimony and the record, move to find that the removal of the service lines in the conversion area is in the public benefit, provided that the City mitigate the costs to the property owners to reconnect to underground power Voted in favor of Motion Runyon Voted opposed to Motion Wheeler, Flemister, Younger, Wofford, Daugs, Brockus, McDonald Amendment Failed 1 -Yes, 7 -No Back to the vote on the Main Motion 08:50:50 Main -M /S /C (Wheeler / Brockus) Based on the testimony and the record, move to find that the removal of the service in the conversion area is in the public benefit Voted in favor of Motion Flemister, Younger, Wofford, Daugs, Brockus, Wheeler, McDonald Voted opposed to Motion Runyon Motion carried 7 -Yes, 1 -No President McDonald called a 12 -minute recess from 8 52 to 9 04 PM GENERAL BUSINESS 8A — AWARD CONTRACT TO STAN PALMER CONSTRUCTION INC. FOR LOW IMPACT DEVELOPMENT PROJECTS AND WATER/SEWER REPLACEMENTS (PACIFIC AVENUE AND iA_S_T_1_1_ STREET LID) Thomas Knuckev City Engineer, announced that sealed bids for construction of the project titled "Low Impact Development Projects and Water /Sewer Replacements" were opened on July 10, 2012 Two (2) bids were received, and Stan Palmer Construction was the lowest responsive bidder with a bid of $827,245 01 including sales tax The engineer's estimate of probable cost of this project is $700,000 City Council Reg Mtg Minutes Wednesday, July 18, 2012 Page 7 of 8 There were no comments from the public 09:06:30 Motion was made by Wheeler, and seconded by Brockus, Comments and questions were then provided Runyon, Brockus, Wheeler, Daugs, and addressed by Mr Knuckey and Public Works Director Cha/ Martin 09:19:47 M /S /C (Wheeler /Brockus) Move to award a contract in the amount of $827,245 01 including sales tax to Stan Palmer Construction for the construction of the project titled "Low Impact Development and Water /Sewer Replacements" and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented Voted in favor of Motion Younger, Wofford, Daugs, Runyon, Wheeler, Flemister, McDonald Voted opposed to Motion Brockus Motion carried 7 -Yes, 1 -No 813 — REAL ESTATE PURCHASE AND SALE AGREEMENT FOR PARK PLAZA RETAIL PAD AND PARKING LEASE AGREEMENT WITH MUNDY JO HOLDINGS, LLC; AND TRI PARTY WALL AGREEMENT BETWEEN THE CITY OF BREMERTON, MUNDY JO HOLDINGS, LLC. AND BREMERTON CINEMA, LLC Gary Sexton Project Manager, emphasized that Mundy Jo Holdings, LLC desires to purchase the retail pad located at Park Plaza The proposed real estate purchase and sale agreement is for the retail pad The proposed Parking Lease is for the lease of four (4) stalls at the City parking lot located at 4 th Street & Park Avenue Both the Purchase and Sale Agreement, and Lease Agreement are with Mundy Jo Holdings, LLC The Tri -Party Wall Agreement is between the City of Bremerton, Mundy Jo Holdings, LLC, and Bremerton Cinema, LLC, and establishes an agreement relating to a shared wall There were no comments from the public . 09:25:15 Motion was made by Brockus, and seconded by Flem►ster, Comments and questions were then provided Runyon, and addressed by Mr Sexton 09:27:23 M /S /C /U (Brockus /Flemister) Move to approve the sale of the retail pad at Park Plaza to Mundy Jo Holdings, LLC and authorize the Mayor to finalize and execute the Purchase and Sale Agreement, Parking Lease Agreement, and Tri -Party Wall Agreement with substantially the same terms and conditions as presented COUNCIL MEMBER REPORTS Greg Wheeler invited the community for free food, vendor booths, raffle drawings, live music, kid's games, a car show and much more at the 2012 Union Hill Block Party to be held on Saturday, August 11 from noon to 6 00 PM, and acknowledged City employees Janet Lunceford and Nicole Floyd, both of the Community Development department Roy Runyon encouraged attendance at Brewfest this Saturday, July 21 from Noon to 9.00 PM Adam Brockus confirmed that he would be at Brewfest, and on behalf of the Bremerton Housing Authority, invited the community to attend an Open House of the newly renovated Winfield Apartments on Thursday, August 2 from 3 30 to 5 00 PM, and also encouraged attendance at the 2012 Manette Edible Gardens & Tour de Coop to be held this Saturday, July 21. Leslie Daugs reminded residents that the Kitsap Pride event will be held on Sunday, July 22 beginning at Noon at Evergreen Rotary Park, offered a 'happy birthday' to Roger, congratulated Daryl Daugs for being selected as the new Executive Director for Kitsap Habitat for Humanity, and encouraged citizens to vote in the primary election I City Council Reg Mtg Minutes Wednesday, July 18, 2012 Page 8 of 8 With no further business, President McDonald adjourned the Council Meeting at 9 35 PM Prep ed and Submitted b LORI SMITH Legislative Assistant Attest SHANNON CORIN, City Clerk JIM McDONALD, City Council President JM SC Is cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■• eeeereseeeeeereeeee reeereeeeeeeeeeeereeeeereereeeeeeeeeeereeeeeeereereeeeereeeeer rree � SUBJECT: City Council Minutes for COUNCIL MEETING Date: Iqu 9 V-S+ I )-o Department City Council t'oV1 Presenter- Jim c I dent .2 (a-- Phone (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) N/A l APPROVALS: N/A RECOMMENDED MOTION: Move to approve the Consent Agenda as presented STUDY SESSION ACTION: Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDEN COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4118/2011 i DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES July 25, 2012 A Study Session of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603, of the NORM DICKs GOVERNMENT CENTER, 345 6` Street, Bremerton, Washington, Wednesday, July 25, 2012, at 5 00 PM, with Council President Jim McDonald presiding Council Members present were Nick Wofford, Eric Younger, Faye Flemister, Greg Wheeler, Roy Runyon, Adam Brockus, and Leslie Daugs Council Member Carol Arends was absent Lori Smith, Legislative Assistant was present to provide staff support President McDonald emphasized that the Study Session was open to the public but there would be no opportunities for comment A FULL DISCUSSION ITEMS 1 Shoreline Master Program Presentation "Code Layout and General Requirements"— Nicole Floyd, City Planner II, Department of Community Development Information only 2 Proposed public hearing and ordinance adopting the South Kitsap Industrial Area (SKIA) Sub - Area Plan as part of the Comprehensive Plan, and amending Chapter 20 80 of the Bremerton Municipal Code (BMC) to activate the Development Regulations — Doug McIntyre, Long -Range Planner, and Randy Young of HYCO (who specifically discussed Section E titled "Capital Facilities Plan" of Exhibit B) August 1 Public Hearing 3 Proposed public hearing and ordinance adopting the Planned Action Ordinance for the South Kitsap Industrial Area (SKIA) — Doug McIntyre, Long -Range Planner, and Richard Weinman of Weinman Consulting, LLC August 1 Public Hearing 4. Review of Park Funding Mechanism to Stabilize Park Funding — Wyn Birkenthal, Parks & Recreation Director Information only It was determined that this issue would be forwarded to the Public Safety & Parks (PSP) Committee for further discussion, and to make a recommendation to the full City Council B GENERAL COUNCIL BUSINESS Council Committee Chair Reports were provided, and General Council Business was briefly discussed President McDonald announced that immediately following the Study Session, and a short recess, they would be meeting in an EXEMPT CLOSED SESSION to receive an Update on "Labor Negotiations and Proceedings" per RCW 42 30 140(4)(b) August 1 Consent Agenda With no further business, the Council Study Session was adjourned at 7 45 PM Prep red and Submitted by r LORI SMITH Attest Legislative Assistant SHANNON CORIN, City Clerk JIM McDONALD, City Council President JM SC Is cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL (o D ■■ eeeeeeeeeeeeseseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee� SUBJECT: Collective Bargaining Study Session Date Exempt Session Agreement between the City and Teamsters 07/25/12 Local #589 COUNCIL MEETING Date 08/01/12 Department Financial Services Presenter Becky Hasart, Dir Financial Services Phone 473 -5722 SUMMARY: Pursuant to RCW 4156, negotiations have concluded between representatives of the City and the Teamsters resulting in the attached tentative Collective Bargaining Agreement (CBA) These negotiations have been discussed with Council in Exempt Sessions. This CBA replaces the current one that expired on December 31, 2011 The new CBA is for a two (2) year term, beginning January 1, 2012 through December 31, 2013 At the time this agenda bill was created the Teamsters were scheduled to vote on the CBA on July 30, 2012 If ratified by the Teamsters, Council approval is required to implement this agreement ATTACHMENTS: Proposed Collective Bargaining Agreement between the City and Teamsters Local #589 FISCAL IMPACTS (Include Budgeted Amount) there are sufficient funds in the 2012 budget to cover the cost of the proposed contract APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Motion to approve the Collective Bargaining Agreement by and between the City and Teamsters Local #589, January 1, 2012 through December 31, 2013, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑Approve —1 Deny El Table ❑ Continue El No Action Form Updated 4/18/2011 i COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND GENERAL TEAMSTERS LOCAL UNION NO. 589 January 1, 2OW through December 31, 204 DRAFT TABLE OF CONTENTS TO THE AGREEMENT BY AND BETWEEN CITY OF BREMERTON AND GENERAL TEAMSTERS LOCAL UNION NO 589 JANUARY 1, 2999 - 2012 THROUGH DECEMBER 31, 2414- " ^" 777 ,. _ .,. ,• ti s! " . `o a��� ,.. yo7 `s • ` ..: ' " '�° . a _ s '�,k_.� iAR�TICLE' r' �� PREAMBLE .. 6 ARTICLE 1 Non- Discrimination 6 ARTICLE 2 Recognition .... 6 ARTICLE 3 Union Dues 7 ARTICLE 4 Union Access 8 ARTICLE 5 Wages. .. 9 ARTICLE 6 Hours of Work .. 1 l ARTICLE 7 Overtime .. 13 ARTICLE 8 Probationary Period 15 ARTICLE 9 Vacation Leave .. 15 ARTICLE 10 Holidays .. .. 18 ARTICLE 11 Sick Leave And Industrial Disability .. 19 ARTICLE 12 Other Paid Leave ..... 22 ARTICLE 13 Retirement Benefits 23 ARTICLE 14 Insurance Benefits .. ......... .. .. .... 23 ARTICLE 15 Work Related Expenses .. ... 25 ARTICLE 16 Subcontracting Work .. 28 ARTICLE 17 Employees Covered by Civil Service .. .. 28 ARTICLE 18 Drug Free Work Place ..... .. 28 ARTICLE 19 Bus Passes .... ....... 29 ARTICLE 20 . Management Rights ..... .... ... .. ...... . ........ .. 29 ARTICLE 21 ... . Work Stoppages .. . .......... ....... .. ........... .......... .30 ARTICLE 22 Grievance Procedure . ............... ............................... .................. ........... 30 ARTICLE 23 . Severability .. ............ ....... ......... . .............. .31 ARTICLE 24 ...... Entire Agreement ..... ............................... . ARTICLE 25 ......... Conflicting Provisions ................................ ............................... ......... ... 32 ARTICLE 26 . Labor Management Committee ................. .............. ........... ............................... 32 COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2989-2012 through December 31, 2442013 Page 2 of 52 DRAFT ARTICLE 27 Job Sharing . 32 ARTICLE 28 Temporary Assignment And Special Assignment 33 ARTICLE 29. Wastewater Treatment Plant Employees 34 ARTICLE 30. Teamsters Supplemental Pension Plan 35 ARTICLE 31 Downtown Parking 35 ARTICLE 32 Automatic Promotion from Planner I to Planner II 35 ARTICLE 33 Discipline 35 ARTICLE 34 Seniority 37 ARTICLE 35 Layoffs /Recalls 37 ARTICLE 36 Promotion 41 ARTICLE 37 Employment Information and Guidelines 41 ARTICLE 38 Union Bulletin Boards 43 ARTICLE 39 Other Issues Relating to Conversion from Civil Service 43 ARTICLE 40 Term 44 APPENDIX A Pay Schedule APPENDIX B Classification Series COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 3089 2012 through December 31, 244 2013 Page 3 of 52 DRAFT ALPHABETICAL SUBJECT INDEX ART'TCLE�� AUTOMATIC PROMOTION FROM PLANNER I TO PLANNER H ARTICLE 32.. 35 I BUS PASSES ... ... .... .. ARTICLE 19 ...... ... 3421 CONFLICTING PROVISIONS... ...... ... ARTICLE 25 .. ... 383 DISCIPLINE ... .... ....... .. ARTICLE 33 . 35 DOWNTOWN PARKING .. ARTICLE 31 35 DRUG FREE WORKPLACE ... .. ARTICLE 18 .. 342-8 EMPLOYMENT INFORMATION & GUIDELINES ARTICLE 37 41 ENTIRE AGREEMENT .. ARTICLE 24 .. 373-1 - GRIEVANCE PROCEDURE .... ARTICLE 22 .. 3638 HOLIDAYS ... .... ARTICLE 10 ... 214-8 HOURS OF WORK .. ARTICLE 6 13 44 INSURANCE BENEFITS ARTICLE 14 27 23 JOB SHARING ARTICLE 27 32 LABOR MANAGEMENT COMMITTEE ARTICLE 26 32 LAYOFFS/RECALLS ARTICLE 35 37 MANAGEMENT RIGHTS ARTICLE 20 ...... 352-9 EPLOYEES COVERED BY CIVIL SERVICE ARTICLE 17 .. 342-9 NON - DISCRIMINATION ARTICLE 1 6 OTHER ISSUES RELATING TO CONVERSION FROM CIVIL SERVICE .... .. ARTICLE 39 43 OTHER PAID LEAVE .. ARTICLE 12 252-2 OVERTIME ARTICLE 7 1543 PREAMBLE ... ..... 6 PROBATIONARY PERIOD .. ...... ARTICLE 8 ... ......... 15 PROMOTION ...... ARTICLE 36 41 RECOGNITION ... ... ARTICLE 2 .. 6 RETIREMENT BENEFITS .... ............. ARTICLE 13 ..... 2723 SENIORITY ............ .... ...... ARTICLE 34........ ...37 I SEVERABILITY ..... ............... ....... .. ............... ARTICLE 23 .. ... 373 - SICK LEAVE AND INDUSTRIAL DISABILITY .. .. ... ARTICLE 11 ... ..224-9 TEAMSTERS SUPPLEMENTAL PENSION PLAN ..... ARTICLE 30. 35 TEMPORARY ASSIGNMENT AND SPECIAL ASSIGNMENT........ ARTICLE 28 ... .............................33 COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 3992012 through December 31, X 2013 Page 4 of 52 DRAFT SUBCONTRACTING WORK ARTICLE 16 332- 9 TERM ARTICLE 40 44 UNION ACCESS ARTICLE 4 99 UNION BULLETIN BOARDS ARTICLE 38 43 UNION DUES ARTICLE 3 8 -7 VACATION LEAVE ARTICLE 8 17 4 WAGES ARTICLE 5 10 .9 WASTEWATER TREATMENT PLANT - EMPLOYEES ARTICLE 29 . 34 I WORK RELATED EXPENSES .. ARTICLE 15 292-5 WORK STOPPAGES ARTICLE 21 3530 COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January I, 3994 2012 through December 31, 39x-1.2013 Page 5 of 52 DRAFT AGREEMENT BY AND BETWEEN CITY OF BREMERTON and GENERAL TEAMSTERS LOCAL UNION NO. 589 JANUARY 1, NW 2012 THROUGH DECEMBER 31, 2044 I 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 General Teamsters Local Union No. 589 hereinafter known as the "Union" for the purpose of setting forth the wages, hours and working conditions which will be in effect during the tern of this agreement for employees included in the bargaining unit described in Article 2 below ARTICLE 1 NON - DISCRIMINATION 1.1 Non - Discriminatory Application — The provisions of this Agreement will be applied equally to all employees in the bargaining unit without discrimination as to age, sex, marital status, race, color, creed, religion, national origin, political affiliation, or mental, physical or sensory handicap, unless based upon a bona fide occupational qualification 1.2 Non - Discrimination -Union Activity — The provisions of this Agreement will be applied equally to all employees in the bargaining unit without discrimination as to Union affiliation or legal Union activity or lack thereof The City and the Union will each be responsible for complying with this provision. ARTICLE 2 RECOGNITION 2.1 Represented Employees — The City recognizes the Union as the sole and exclusive bargaining representative for the purpose of negotiations concerning wages, hours and conditions of employment for all full -time employees in regular positions and part-time employees in regular positions in classifications set forth in Appendix A and such classifications as may be added to the bargaining unit during the term of this Agreement by mutual agreement or by official action of the Public Employment Relations Commission COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, through December 31, X2013 Page 6 of 52 DRAFT 2.2 Classifications Excluded — The classifications of elected officials, appointed officials on part-tune boards and commissions, city attorneys, Department Directors and their assistants, and supervisors (unless specified in the union recognition section) are not included and will not be added to the bargaining unit 2.3 Employees Excluded 2.3.1 Seasonal employees are employees used by the City to handle peak work load periods Seasonal positions will be used for no more than eight (8) months in a calendar year in accordance with City Policy Seasonal employees transferred from one seasonal position to another seasonal position remain subject to eight (8) months total aggregate employment 2.3.2 Temporary employees are employees used by the City for specific projects or programs, or to replace employees temporarily unable to work per Article 28 1 2.3.3 Project temporary employees are assigned for the term of a specific project or program and may not exceed one (1) year, provided, however, that the term of the assignment may be extended up to a maximum of three (3) additional months by mutual agreement of the parties 2.3.4 All other temporary employees shall be excluded from the bargaining unit with the understanding that neither the employees nor the positions will be used for more than a total of 12 months 2.3.5 Confidential employees regardless of the classification they occupy 2.4 New Classifications — In the event the City creates a new position or reclassifies an existing position proposed to be exempt from the bargaining unit, the Union will be notified in writing In the event that the Union disputes the City's proposed exemption of the new position from the bargaining unit, the Union will provide written notice specifying the reasons for dispute within thirty (30) calendar days of receipt of written notice from the City. In the event that the City and the Union are unable to resolve the dispute, either party may refer the issue to the Public Employment Relations Commission for resolution 2.5 Emergency/Disaster Worker - During an emergency, disaster, or catastrophic event as defined under RCW 35 50.010 6(a), which places life or property in jeopardy, employees may be assigned to any disaster service activity that promotes the protection of the public health and safety. Assignment might require serving at a location, at times and/or under conditions that significantly differ from an employee's normal work assignments; this may include assignments to perform work outside of the bargaining unit As an employee of the City of Bremerton, the employee may be directed to perform a role other than their regular job, by a superior or by law. An employee may be called on to perform services as an Emergency/Disaster Worker as defined in RCW 38 52.010(4), subject to the COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1,2099 2012 through December 31, 2814-2013 Page 7 of 52 DRAFT provisions of RCW Chapter 38.52 An employee's rate of pay will not be reduced as a result of such assignments ARTICLE 3 UNION DUES 3.1 Dues Deductions — Based upon mutual agreement, regular monthly union membership initiation fees, dues, agency fees and assessments will be deducted by the City from the pay of those employees who provide written authorization to the City to make such deductions The City will transmit the total amount of deductions to the Union along with a list of employees and their Union- related deductions. 3.2 Maintenance of Membership — An employee covered by this Agreement who is a member of the Union on or after the execution of this Agreement will remain a member in good standing. Good standing will be defined as tendering of uniformly required periodic dues Failure of such an employee to abide by the foregoing provision will constitute cause for discharge of the employee, provided that when an employee fails to fulfill the above obligation, the Union will provide the employee thirty (30) days notification in writing of the Union's request to the City to initiate discharge action and during this period the employee may make restitution in the amount which is overdue Should the employee make such restitution, the request for discharge will be withdrawn 3.3 New Employees — New employees employed during the life of this Agreement will, within thirty (30) days of their respective date of employment or upon the inclusion of their position in the bargaining unit, achieve good standing in the Union and will thereafter maintain such good standing as a condition of employment Good standing will be defined as tendering of uniformly required periodic dues and fees Failure of such an employee to abide by the foregoing provision will constitute cause for discharge of such employee subject, however, to the same requirement for notification and opportunity for restitution as specified in Section 3.2 above. The City will notify the Union of newly employed bargaining unit employees as they are hired so a shop steward may be available at time of orientation. It shall be understood that new employees do not have the option to donate money to charity in lieu of paying dues, unless it is due to the bona fide religious tenets or teaching of a church or religious body of which the employee is a member. The employee will pay an amount of money equivalent to regular Union dues and fees to a non - religious chanty or to another organization mutually agreed to between the employee and the Union 3.4 Union Security — All bargaining unit employees not currently paying dues shall be required to pay dues or donate an equal amount to a qualified charity as identified under IRS Code 501 C (3). Those employees donating money to a charity in lieu of the payment of periodic dues, shall be required by the Union to produce proof of payment to the charity. Failure of such an employee to abide by the foregoing provision will constitute cause for discharge of the employee, provided that when an employee fails to fulfill the above obligation, the Union will provide the employee thirty (30) days notification in writing of the Union's request to the City to initiate discharge action and during this period the employee may COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1,2899 -2012 through December 31, ,4„ Page 8 of 52 DRAFT make restitution in the amount which is overdue Should the employee make such restitution, the request for discharge will be withdrawn. (The Intent of this language is to address those current employees donating money to a charity in lieu of periodic dues payments). 3.5 Indemnification — The Union will indemnify and hold the City harmless from any and all liability resulting from the dues and fees deduction provisions specified in this Article ARTICLE 4 UNION ACCESS 4.1 Union Representatives — The Union will provide written notice to the City of the names of the officials authorized to represent the Union. The City will provide reasonable access to City facilities to such authorized representatives for the purpose of investigating grievances and other legitimate Union business provided that such access does not unreasonably interfere with the work and duties of an affected employee or of other on -duty employees 4.2 Shop Stewards — The Union will have the right to appoint six (6) Shop Stewards The Union will make every reasonable effort to have no more than four (4) stewards from the same department 4.2.1 The Union will provide written notification to the Human Resources Manager of the name and assigned areas of all Shop Stewards appointed by the Union The City will provide reasonable access to employee work places to Shop Stewards for the purpose of investigating grievances provided that such access does not unreasonably interfere with the work and duties of an affected employee or of other on -duty employees A Shop Steward will obtain the permission of Ins or her supervisor and the supervisor of the affected employee prior to contacting an employee during work hours A Shop Steward may perform his or her Steward duties on City paid work time provided that such duties do not unreasonably interfere with the Steward's ability to perform the duties of Ins or her position with the City. In no event, however, will a City employee who Is a Shop Steward be granted more than five (5) hours of paid work tune for the purpose of investigating and resolving a single grievance It shall be understood that the five (5) hours maximum does not mean five (5) hours per workday, but five (5) hours total time COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 3 - 049-2012 through December 31, 2942013 Page 9 of 52 DRAFT 43 Union Bulletin Boards — The City shall provide the Union with bulletin boards at reasonable locations for its use in communicating with its members. Union Bulleting Boards shall be used exclusively to post Union notices of meetings, social events, iob postings, and other related union business. It shall be the responsibility of the shop stewards to monitor the bulletin boards to ensure they are being utilized for those purposes only. ARTICLE 5 WAGES 5.1 Pay Rates — Effective January 1, 2012, wages shall be as identified in Appendix A. 5.1.1 , the �� o sha4l be iner-eased by wa 4 of the be no less th 70% if the GPI Al is less t4 a 70% and n ea . th GO% if the GPI W is fner-e than 5, Employees who ha-, sepaFated ffefn City employment be the e ffe e fiv .ante o f m t i fi b b th T T., en and th C !''..,,neil sh ,,.,t e ntitl ed to any r-°tr^^^tive In recognition of the current economic situation, the Union and the City agree not to implement any wa g e increases for the term of this agreement 5.2 New Employees — A new employee's pay rate will be set at first step of the pay scale, however, a new employee may have his or her pay rate set at a higher step based upon relevant years and type of prior paid work experience Placement of a new employee's pay rate at a step higher than the first step must be approved by the Department Director, the Human Resources Manager and Financial Services. 5.3 Advancement through Pay Rates — Advancement through the pay rates from the first step through the final step of the pay'range will occur upon completion of the prescribed number of months or year(s) of continuous employment since the employee's last annual pay step increase, provided, the City may withhold a step increase for work performance that does not "Meet Expectations" A step increase may be withheld for a maximum of twelve (12) months, during which time the employee will receive monthly evaluations The employee's immediate supervisor will notify the employee in writing of expected failure to meet expectations at least thirty (30) days prior to the due date of the work performance evaluation. If such notice is not provided the step increase will not be withheld The withholding of a step increase will not change the employee's current anniversary step date for pay purposes. In the event that the employee "meets expectations" at one of the monthly evaluations during the subsequent 12 months, they will receive a step increase effective as of the due date of that monthly evaluation. It shall be understood that the increase will not be applied retroactively to the month(s) in which the employee received a rating below `meets expectations ". In the event an employee is on approved leave of absence without COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 3009-2012 through December 31, 2814 2013 Page 10 of 52 DRAFT pay, in excess of eighty (80) consecutive work hours, the employee's next pay rate advancement date will be extended by the actual number of days the employee was absent on such leave. 5.4 Pay Rate upon Reclassification: 5.4.1 Reclassification/downgrade to a lower classification - In the event an employee is reclassified from one classification to another classification which is at a lower pay range or, if an employee's classification is downgraded from one pay range to a lower pay range, the employee's pay rate at the lower pay range will be set at that step which is closest to, equal to, but not greater than the pay rate he or she was receiving at the former pay range All time the employee had served at the former step toward advancement to the next step of the former pay range will be used in determining the time required to advance to the next step of the new pay range. If the employee is at final step or beyond the final step in the new pay range, then his/her pay rate shall remain frozen at that rate until such time as the final step provides for an )increase This section shall not apply to an employee who is demoted, which falls under Article 34, Section 34 3 4. 5.4.2 Reclassification/upgrade to a higher classification - In the event an employee is reclassified from one classification to another classification in a higher pay range the employee will receive no less than the entry level step of the new pay range or a five percent (5 %) pay )increase, whichever is greater; provided that no employee is thereby advanced beyond the final step of the higher pay range The employee's advancement to the next step in the new pay range will be based on the effective date of the reclassification to the new pay range. This section shall not apply to an employee who is promoted, which falls under Article 36, Section 36 12 5.5 Base hourly rate of pay defined — The base hourly rate of pay is that which is shown in Appendix "A ", for each classification, which reflects the pay grade and pay step at which an employee is being paid on an hourly basis excluding longevity 5.6 Longevity Pay — Longevity pay will be applied to the base hourly pay rate of each employee for years of completed continuous employment on the following basis 0 through 5 years' continuous employment 0% Commencing 6 through 10 years' continuous employment 1 % Commencing 11 through 15 years' continuous employment 2% Commencing 16 through 20 years' continuous employment 3% Commencing 21 years and over continuous employment 4% 5.7 Premium Conditions (not included in base hourly rate of pay) - COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 3999 2012 through December 31, 24142013 Page 11 of 52 I DRAFT 5.7.1 Standby - An employee is placed on standby duty when the City requires the employee to be Immediately available to report for work other than during his/her normal scheduled hours of work. When standby is implemented, all qualified bargaining unit members, including leads and supervisory bargaining unit members, shall share in the standby hours or lists. 5.7.1.1 Standby Equipment - A An employee on standby duty will be provided with a radio that has a police frequency. B Assigned stand -by duty employees shall have the use of a take home city vehicle for the week, per City policy 5.7.1.2 Standby Pay - The following standby rates will apply. A. Weekday or regular day off beyond two — Two (2) hours of employee's regular base hourly rate of pay plus longevity if applicable; B Holiday — Three (3) hours of employee's regular base hourly rate of pay plus longevity if applicable, C. Regular day off — Three (3) hours of employee's regular base hourly rate of pay plus longevity if applicable, up to a maximum of two (2) days; D. Type of Compensation - The employee shall receive pay as provided above for all stand -by duty. Employees may not accrue compensatory time for stand -by duty 5.7.1.3 Length of Standby - Standby will normally consist of not more than seven (7) consecutive days, provided; however, based upon mutual agreement of the employee and Immediate supervisor, the employee may be placed on standby in excess of seven (7) days 5.7.2 Shift Differential — An employee assigned to work a shift schedule, which begins at 12 noon, or later and/or earlier than 6 am will be compensated a shift differential of seventy -five cents ($.75) per hour for each hour of the shift so worked. 5.8 Paydays — Paydays will be the 7th and 22nd of each month. If a payday falls on a Saturday, Sunday, or on a Monday holiday, the City will make every effort to distribute pay checks on Friday The parties encourage employees to utilize "automatic deposit" of their paychecks. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 3999 -2012 through December 31, 2442013 Page 12 of 52 DRAFT 5.9 Direct Deposit — New employees shall be required to sign up for direct deposit of their pay checks 5.10 Payroll Errors - Should the City be responsible for any payroll error, adjustments in excess of fifty ($50 00) dollars will be paid within two (2) business days The City and the employee shall share the responsibility to notify one another as soon as possible after any error is found ARTICLE 6 HOURS OF WORK 6.1 Normal Hours of Work — The normal hours of work for regular full time employees will be forty (40) hours per week The normal hours of work for regular part tune employees will be the number of hours per week that the Department Director/Division Manager schedules which will not exceed forty (40) hours per week and will not exceed the Department's approved budget allocation for the position 6.2 Normal Work Schedule — The normal work schedule for regular full time employees will consist of five (5) consecutive eight (8) consecutive hour days, however, the City may adopt 4 /10's and/or 9/80's as the normal work schedule, at the discretion of the Department Director when it is in the best interest of the City The 4/10 schedule as referenced in this document also means an alternate work schedule as provided herein. The Department and employee may mutually agree to any other work schedule by the filing of an alternate work schedule form that shall require the approval of the Department and the Human Resources Manager. Except in emergency situations (such as weather and acts of God) employees will be given fourteen (14) calendar days notice of any change in their normal work schedule, except that Parks & Recreation and Public Works and Utility Department employees will be given seven (7) calendar days notice of any change in their normal work schedule, otherwise employees will receive overtime compensation The normal work schedule for regular part time employees will be that which is scheduled by the Department Director/Division Manager and shall consist of no more than five (5) consecutive days in a workweek The normal work schedule will usually be set to begin on Monday and conclude on Friday but may be set to begin on another week day and conclude five (5) consecutive days thereafter, based upon the needs of City The City will make every reasonable effort to schedule employees with two (2) consecutive days off between workweeks 63 Employees, except those in Community Development, who are regularly required to attend night meetings or perform normal work functions outside of a normal work schedule at the City's request may, by mutual agreement with the Department Director/Division Manager, flex their time. 6 3.1 Flex time shall not be allowed to adjust work schedules to accommodate last minute absenteeism for tardiness. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 3999- through December 31, 244 2013 Page 13 of 52 DRAFT 6- 3-.2LEmployees of the Department of Community Development who elect not to flex their hours shall be compensated in compensatory time for all hours spent attending meetings outside of their regular work schedule, however, an employee shall only be allowed to maintain a maximum balance of 40 40 (forty) hours compensatory time accrued from attendance at after -hour meetings. If less than five (5) days notice is provided for an after -hours meeting, the employee shall take flex time or compensatory time at the employee's option and eempensate f time AA n64 6.4 Meal Periods — All employees shall have a regularly designated mealtime, 30 minutes or one (1) hour in length, without pay, which shall be scheduled by the Department Director/Division Manager or designee. The thirty (30) minutes or one (1) hour designated mealtime includes travel time to and from the work site. The lunch period will take place no sooner than three (3) hours and no later than five (5) hours from the beginning of a 5/8 schedule, and no sooner than four (4) hours and no later six (6) hours from the beginning of a 4/10 schedule. No employee will be required to work more than five (5) consecutive hours without a meal period An employee who works three (3) or more hours beyond their normal work day shall be allowed at least one thirty (30) minute meal period either prior to or during the overtime period When an employee is required by the City to remain on duty on the premises or at a prescribed work site when it is in the best interest of the City during a meal period, the meal period will be paid as time worked 6.4.1 Employees shall be allowed one (1) rest period (break) per one half (1/2) shift (workday) provided. ➢ The time, length and location of break is determined by the employee's supervisor, with the understanding that the employee shall receive no more than fifteen (15) minutes. ➢ Break periods will be scheduled as near as possible to the midpoint of a work period. The City will make a reasonable effort to ensure that no employee is required to work more than three (3) hours without a rest period. The purpose of granting breaks is to relieve fatigue and mental strain on the fob; therefore; ➢ Combining two (2) daily breaks into one thirty (30) minute break is not permitted. ➢ Using breaks to lengthen meal periods, to cover tardiness, or to leave work early is not permitted except under special circumstances and with the approval of the Department Director or designee. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2 -899 -2012 through December 31,X2013 Page 14 of 52 DRAFT ➢ Accumulating breaks from day -to -day is not permitted ➢ Taking more breaks in smaller segments of time, e g three (3) 5- minute breaks, is not permitted ARTICLE 7 OVERTIME 7.1 Overtime Defined — Overtime is all required and authorized work performed in excess of a full time employee's normal 40 hour and/or daily work schedule Overtime includes required training, instruction, callback and other such work which is required and authorized by the City, and is performed during an employee's normally scheduled off duty time Overtime for regular part-time employees is all required and authorized work performed in excess of forty (40) hours during the employee's weekly work schedule pursuant to Article 6, Section 6.2 The use of any paid leave time will be considered as time worked for the purpose of calculating overtime 7.2 Overtime Compensation — Overtime work will be compensated at the rate of one and one- half (1-1/2) tunes an employee's base hourly rate plus longevity if applicable, in cash or in compensatory tune. The form of overtime compensation will be at the election of the employee provided Compensatory time off will be taken by mutual agreement between the employee and supervisor Upon the death of the employee, accrued compensatory time shall be paid to the employee's estate. 7.2.1 Use Of Compensatory Time - The maximum allowed accrual of compensatory time shall be fifty— (45 40 hours, and all overtime accrued in excess of that maximum shall be paid at the applicable rate Employees who wish to cash out all or a portion of his/her accumulated compensatory time will have the option to receive this pay the pay period ending November 15' Employees who wish to exercise this option shall submit their request, in writing, to the Department Director, no later than November 1 st of each year. 7.3 Telephone Calls To Employees - If an employee receives a work related telephone call while off duty, he /she shall receive a minimum of one quarter (1/4) hour pay at the overtime rate for each call, provided, however, that additional calls received by the employee within the quarter hour minimum shall not pyramid. 7.4 Call Back Minimum Overtime — In the event an employee who has departed from his or her normal work hours is called back to work for a period of time which is less than two and a half (2.5) hours, the employee will receive a minimum of two and a half (2 5) hours of overtime compensation. A call back initiates a two and a half (2 5) hour guarantee period Subsequent call backs will not initiate an additional two and a half (2.5) hour guarantee period until the original two and a half (2.5) hour guarantee period has passed COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 3989 -2012 through December 31, 2442013 Page 15 of 52 DRAFT 7.4.1 Call back contiguous to an employee's normal start time — Employees responding to a Call Back will be paid 2.5 hours of overtime The employee's normal work hours will be reduced by the amount of time the 2.5 hours infringes on the employee's normal work hours Example: An employee's normal work hours are 7.30 AM to 4.00 PM. The employee is called out at 6 30 AM. The employee would receive 2 5 hours of overtime and six and a half (6 5) hours of straight tune. 7.4.2 Call Back after the employee's normal quitting time - Once the employee's normal work hours have concluded, any unplanned return to work shall be considered a Call Back. It shall make no difference if the employee has left the work site or not Example The employee work schedule concludes at 4 00 PM and at 4 04 PM, the supervisor is notified of a problem. The supervisor notices that the employee is still in the parking lot talking to several other employees The supervisor goes to the employee and directs him/her to handle the problem This is a Call Back and the employee will receive a minimum of 2.5 hours of overtime 7.5 Court and/or Subpoenaed Appearances — An employee who appears in Court or responds to a subpoena as a representative of the City which is related to his or her employment on off duty time shall receive overtime compensation for such appearances If the employee is being prosecuted for a willful, illegal act in the performance of their duties as a city employee, they will not be paid for time unless they are found innocent and/or the case is dismissed 7.6 Use of Bargaining Unit Employees for Overtime - The City shall offer O T to qualified bargaining unit employees within the division prior to utilization of temporary employees for such O.T. The City will make a reasonable attempt to offer this work by seniority. 7.7 Emergency Crews — Employees may be pre - assigned to an emergency shift schedule (e g. 12 -hour shift for Snow Removal Crews). Crews will be designated as follows: "A" shift and `B" shift. Employees on emergency crews will receive shift differential pay and work the 12 -hour shift throughout the period of the emergency Employees in each crew (both "A" and `B" shifts) called out for an emergency shift shall receive two hours callout (overtime) pay for the first full 12 -hour shift. (e g. Pay would be 2 hours overtime for the call -out, 6 hours straight time, plus 4 hours overtime. That crew's next emergency shift pay would be 8 hours straight time plus 4 hours overtone.) Pay for call -outs prior to the full emergency shift will be in accordance with overtime and callout policy per Article 7. If the callout occurs within two (2) hours of the first emergency shift, the first emergency shift crew will respond and work continuously through the shift COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2999 -2012 through December 31, 283-12013 Page 16 of 52 DRAFT EXAMPLES Snow Removal Crew - If an emergency schedule is initiated after 10 p m but before the normal shift (7 30 a.m.), the `B" shift will be called in and work until noon or eight hours minimum. If the callout occurs prior to 10 p in , the "A" shift will be called in and work until midnight when `B" shift will relieve If the emergency is declared during the normal work shift, `B" shift will work the normal eight (8) hours then be released, "A" shift will work until midnight when relieved by `B" shift. Other Emergency Crews - Any other divisions may use other start/quit times, but will follow the principle of the example of the Snow Removal Crew When the Division Manager has determined that the emergency condition is over, the crews will revert to their regularly scheduled shift The transition shifts going into and out of the emergency shift schedule, will work until released by the supervisor, however, they shall work a minimum of eight (8) hours during the transition shift ARTICLE 8 PROBATIONARY PERIOD 18.1 New Employees - New employees shall be required to serve a probationary period of one (�- yea (9) months Probationary employees are "at will" employees during their probationary period and during that time may be terminated without reason or cause and have no recourse to any appeal process 8.2 Promoted Employees - Employees promoted shall serve a six (6) month promotional probation period 8.3 Failure to Complete Probation - The promotional probationary employee who fails to successfully complete probation shall -be demoted to the lower position from which he /she was promoted Such determination shall be made at the sole discretion of the City and the reasons shall not necessarily constitute just cause. 8.4 Probationary Employee - An employee who has been hired by the City and who has not yet completed the required ene- (4-� yea months p robationary period 8.5 Regular employee - An employee who has successfully completed their ene - mne (4-9 yea months p robationary period for the position for which they were hired ARTICLE 9 VACATION LEAVE 9.1 Vacation Accrual - Employees shall accrue vacation leave for all regularly scheduled compensated hours including paid holiday, sick leave, vacation and other paid leave time, excluding workers' compensation time loss benefits pursuant to the following schedule- COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 3994 -2012 through December 31, 2042013 Page 17 of 52 DRAFT Period of Continuous Full Time Employment Hours Accrued/Year Date of Hire through 5 years 104 Hours 6th year 120 Hours 7th year 128 Hours 8th year 136 Hours 9th year 144 Hours 10th year 152 Hours I 1 th 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 9.2 Vacation Eligibility — An employee becomes eligible to take accrued vacation leave upon completion of six (6) months of continuous employment. Probationary employees may be permitted to use earned vacation leave due to extenuating circumstances solely at the discretion of the Department Director/Division Manager Vacation leave may not be taken in less than one - quarter (1/4) hour increments. Vacation leave must be earned in the pay period prior to the time an employee takes any vacation leave since accruals are added to an employee's leave balance after payroll has been posted. 93 Vacation Scheduling — Annual vacation leave will be mutually scheduled between the employee and l is or her Department Head or designee. Vacation leave must be approved by the Department Director/Division Manager prior to an employee taking the time off An employee will have a better chance of receiving approval for a vacation request if the request is submitted as far in advance as possible. In the event more than one employee requests vacation leave for the same time period submitted on the same day, the requesting employee with the greatest city -wide seniority shall be granted the vacation leave The Department shall make a good faith effort to respond to a vacation leave request in a timely manner. 9.4 Maximum Vacation Accrual — The maximum number of vacation accrual hours that any employee will be allowed to carry forward from one calendar year to the next will be as follows: Years of Service Maximum Carryover Hours Date of Hire through 5 full years of employment 160 Hours Over 5 full years of employment 240 Hours COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 3999 2012 through December 31, 244 2013 Page 18 of 52 DRAFT 9.5 Carryover - In the event an employee has been prohibited from taking sufficient vacation time to reduce his or her vacation balance to the maximum allowable carryover at the end of a calendar year, (or unable to because of absence from work due to illness or disability) the excess hours will be carved forward into the next the calendar year 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. 9.6 Vacation Pay -Out — Upon the retirement or separation of a regular employee, 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 lump sum payment at the employee's straight time base hourly rate of pay plus longevity if applicable, at the time of separation except an employee shall not be paid vacation pay out unless employed over six (6) months 9.7 Payment of Vacation Leave Upon Death — In the event of the death of an employee, the employee's estate will be paid in a lump sum for the total accrued and unused vacation leave hours at the employee's regular hourly base pay rate plus longevity if applicable, in effect at the time of death 9.8 Donations Of Vacation Leave - Donations of Vacation leave permit employees to aid any City employee who is suffering from an extraordinary or severe illness, injury, impairment, physical or mental condition which has caused or is likely to cause the employee to take leave without pay or to terminate his or her employment prior to a determination that the affected employee is not expected to recover to an extent that will enable the employee to resume his or her normal duties or the duties of another position with the City or another employer 9.8.1 Eligibility - An employee who (1) is suffering from an illness or injury causing his or her extended absence from work, and (2) who has depleted or will shortly deplete his or her total available accrued vacation, compensatory leave accrual, sick and floating holiday leave, may request donations of vacation leave The employee making such request may restrict the scope of employees being asked to donate. 9.8.2 Criteria For Approval - A request for donations of vacation leave shall be submitted to the requesting employee's Department Director/Division Manager accompanied by medical documentation verifying the medical condition requiring the need for leave, and the time period during which the employee can reasonably be expected to be absent from work due to the condition Upon verifying that the requesting employee meets all of the eligibility requirements above and upon determining that the medical documentation received provides appropriate verification of the medical condition and time period involved, the Department Director will recommend the employee's request for donations of vacation leave be approved by the COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2899 -2012 through December 31, 28442013 Page 19 of 52 DRAFT Mayor. The Mayor will review the request to assure that all of the requirements set forth in this subsection have been met and, if so, shall approve the employee's request for donations of vacation leave. 9.8.3 Notification - Upon approval by the Mayor, all City employees, unless a restriction has been requested by the employee shall be notified of the approved request for donation of leave 9.8.4 Conditions Of Donation - An employee who has been employed for at least six (6) months who desires to donate accrued vacation leave to a requesting employee will do so as a free and voluntary act and no duress or coercion shall be placed upon an employee to make such donation of his/her accrued vacation leave. Employees who are utilizing donated leave to cover their own absences may not donate leave to another employee until such time as they have returned to their normal schedule, and any excess donations made to them have been returned pursuant to 9.8.6 below. An employee who desires to donate vacation leave shall complete a Donation of Vacation Leave Form and submit it to his/her Department Director The donated vacation leave will be transferred to the requesting employee's sick leave balance with the next payroll report Forms will be date stamped and all time donated shall be in full hour increments and shall be credited to the employee on an hour- for -hour basis A monthly update of the condition of the employee by the attending primary medical doctor shall be required and furnished to the Department Director 9.8.5 Use Of Donated Leave - An employee who has received donated vacation leave will be able to use the sick Ieave in the same manner as if he or she had personally accrued the leave All accruals of sick leave /vacation leave earned due to leave donations made to the employee shall be used first each pay period. The remainder of leave needed will then be deducted from the employee's donated leave bank 9.8.6 Return Of Excess Leave Donations — Donated leave will remain in the employee's sick leave balance for a period of six (6) months from an employee's return to work In the event of excess donations received but not used due to early recovery, resignation, retirement or death, all donations received but not utilized shall be returned to the donating employee(s) based on the proportion of hours that employee donated in relation to the total hours donated by all employees (e g an employee who donates 50 hours of 450 hours total donated shall be credited with 50 /450ths of the hours not utilized). Such returned leave shall be reflected in the appropriate leave balance as soon as possible. Time donated for this purpose will not be considered as time used during the donor's performance rating period. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2 -989 -2012 through December 31, X2013 Page 20 of 52 DRAFT 9.9 Cancellation of Vacation Leave by City - If an employee has an approved vacation canceled by the City, the City will reimburse the employee for all venfiable non - refundable expenses incurred by the employee after the date the Leave Request was approved I ARTICLE 10 HOLIDAYS 10.1 Holidays Observed — The following holidays will be observed by the City HOLIDAY DATE OBSERVED New Year's Day January 1St Martin Luther King's Birthday 3rd Monday in January President's Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 0 Labor Day 1 st Monday in September Veteran's Day November 11'' Thanksgiving Day 4th Thursday in November Day after Thanksgiving 4th Friday in November Christmas Day December 25 One Floating Holiday Approval of Supervisor 10.1.1 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 10.2 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 will receive an alternate day off as a paid holiday during the same or following pay period 10.3 Floatine Holiday — 10.3.1 Floating Holiday Leave One (1) floating holiday (eight [8] hours) will be granted to each employee at a time which is mutually agreed to by the employee and the employee's immediate supervisor New employees shall have been employed for six (6) months in order to qualify for a floating holiday Floating holiday leave may not be taken in less than one (1) hour increments 10.3.2 No payment will be made upon separation of employment from the City for any unused Floating Holiday Leave 10.3.3 No carry-over of Floating Holiday Leave will be permitted from one calendar year COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 3889 -2012 through December 31, 281-42 0 1 3 Page 21 of 52 DRAFT to the next calendar year 10.4 Holiday Compensation (Full Time Employees) — An employee shall receive eight (8) hours of time off with pay for each holiday observed by the City, including a floating holiday of each employee's choice An employee who is assigned at the City's request to work a four -day ten (10) hour schedule will receive ten (10) hours of time off with pay for each holiday In order to receive holiday compensation, each employee must work or be on authorized paid leave on the scheduled work day prior to or the scheduled work day immediately after each holiday 10.5 Holiday Compensation (Part Time Employees) - Part-time employees who regularly work 20 or more hours per week will receive pro -rated Holiday Leave based upon their average normal workday, but in no case less than four (4) hours 10.6 Working on a Holiday — An employee required to work on a holiday will be compensated at one and one -half (1-1/2) times the employee's regular straight time base rate of pay plus longevity if applicable, for the time worked in addition to regular holiday pay provided in 10 4 above. ARTICLE 11 SICK LEAVE AND INDUSTRIAL DISABILITY 11.1 Sick Leave Accrual — Full time employees will accrue sick leave at the rate of four (4) hours per pay period , including paid holiday, sick leave, vacation and other paid leave time and excluding time for which workers' compensation time loss benefits are paid. Part-time employees and employees who are on a leave of absence without pay will have their leave pro -rated if they have worked any portion of a pay period at 046154 for each regular hour worked as outlined above The maximum annual accrual will be ninety -six (96) hours. 11.2 Maximum Sick Leave Accrual — Employees will be able to accrue sick leave to a maximum of 1200 hours on January 1' of each year. 11.3 Sick Leave Incentive 11.3.1 An employee who takes thirty-two (32) hours or less of sick leave in the calendar year will have eight (8) hours added to his or her vacation leave balance at the beginning of the following calendar year. 11.4 Sick Leave Retirement Payment — An employee who retires from City service on a service or disability retirement will be provided a Sick Leave Retirement Payment at thirty - five percent (35 %) of the employee's accrued and unused 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 base hourly pay rate plus longevity if applicable, in effect at the time of retirement. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 1009 2012 through December 31, 244 2013 Page 22 of 52 DRAFT 11.5 Payment of Sick Leave Upon Death — In the event of the death of an employee, the employee's estate will be paid for the total accrued and unused sick leave hours at the employee's regular base hourly pay rate plus longevity if applicable, in effect at the tune of death 11.6 Sick Leave Use — Sick leave shall not be granted in advance of actually being accrued Sick leave will be made available to each employee up to the amount of each employee's accrued sick leave balance and shall be used in increments of no less than one - quarter (1/4) hour to cover an employee's absence from his or her regularly scheduled work hours due to 11.6.1 The temporary disability of an employee resulting from his or her personal illness or injury 11.6.2 Providing care for. a) a child of the employee under the age of 18 when they have a health condition that requires supervision or treatment, or b) a spouse, parent, parent -in -law or grandparent c) a domestic partner, d) any person for whom the employee is a legal guardian, e) adult son or daughter incapable of self -care because of a physical or mental disability of the employee who has a serious or emergency health condition 11.6.3 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 11.6.4 Upon the birth or adoption of a child, an employee may use accrued sick leave pursuant to FMLA 11.6.5 Providing care for an employee's immediate family member as provided for in Section 116 2, when the family member has a health condition that requires the assistance of an adult caretaker until such time as other care can be arranged No more than forty (40) hours of sick leave can be used for this purpose for the following family members brother, sister, brother /sister in -law, grandparent's in- law, grandchildren, domestic partner, a person for whom the employee is a legal guardian, unmarred adult son or daughter incapable of self -care because of a physical or mental disability, and step relations as described herein of both the employee and the employee's spouse. (Revised RCW 49 12 270) 11.6.6 Only when an employee has exhausted all sick leave accrued may he /she use other types of leave to cover his/her absence. 11.6.7 Leave Without Pay — Employees may not be in a Leave Without Pay (LWOP) status until all leave accruals have been exhausted, except as provided in Article 12 1 — Bereavement Leave, or unless an employee must report to work for a regularly scheduled shift ten (10) or fewer hours after departing from work An COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 3899 -2012 through December 31, 2442013 Page 23 of 52 DRAFT employee shall be permitted Leave Without Pay (LWOP) status in the foregoing instances, provided the employee has obtained approval in advance from the Department Director /designee, who will have discretion to approve each request on a case -by -case basis. 11.7 Notification of Sick Leave Use — An employee who is absent or expects to be absent from work due to causes specified in 11.6 above, will provide notification as follows. 11.7.1 Routine Appointments — An employee who schedules a routine medical, dental or oculist appointment will make every reasonable effort to schedule such an appointment at a tune, which will cause the least interference with departmental operations The employee shall give prior notice of the date and time of the appointment to his/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, however, the immediate supervisor will not unreasonably require an employee to reschedule routine medical, dental or oculist appointments 11.7.2 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 116 above, will promptly notify their immediate supervisor, or if unavailable, the department/division manager by telephone as soon as practicable and will make every effort to notify their immediate supervisor, or if unavailable, the department/division manager within the first one -half hour of each work day or, if possible, within the one -half hour preceding each work day of absence. In the event neither the immediate supervisor nor the department/division manager can be contacted directly, the employee may leave a voice mail message. However, the employee is obligated to speak directly to the employee's immediate supervisor or the department/division manager during the day of the employee's absence. Each employee will be given contact information (including office /cellular /pager numbers), to the employee's immediate supervisor and department/division manager. In the event of a prolonged illness or injury, the Department may exempt an employee from the requirement to report their absences on a daily basis, and may establish an alternative reporting arrangement appropriate to the circumstances 11.7.3 Sick Leave during Authorized Paid Leave — An employee who becomes ill or is injured during his/her paid vacation or compensatory tune off for accumulated overtime, 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. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2009 2012 through December 31,2442013 Page 24 of 52 I DRAFT 11.8 Sick Leave Documentation and Approval — An employee who has been absent on sick leave will, within the first work day after returning to work, complete and submit a request for approval of sick leave on the City's Leave Request form, and provide such information as Is required by the Department to approve the use of sick leave with pay for the absence. Sick leave must be approved by the Department prior to payment The Department will not unreasonably withhold approval of sick leave with pay from employees 11.8.1 Sick Leave Certification - The Department may require an employee to provide a professional physician's certification of an employee's, child's or family member's illness or injury as a condition of approving sick leave with pay In the event the Department intends to require such verification, the employee will be notified of the requirement prior to returning to work 11.8.2 Return to Work/Fitness for Duty Certification - The Department may require an employee to provide a Fitness for Duty certification completed by a professional physician that the employee is sufficiently recovered as to be able to return to work and assume his or her normal duties prior to the employee returning to work or, in the event the employee has appeared at work, prior to resuming work If the department does not allow the employee to return to work due to the need for a Fitness for Duty certification, the employee will be allowed to continue the use of sick leave. 11.9 Industrial Disability Leave — An employee who incurs a work - related illness or injury and who qualifies to receive Workers' Compensation benefits will be allowed to use accrued sick leave to supplement the Workers' Compensation benefits so as to provide the same gross pay he or she would have received for full time, active service In no event will the combination of Workers' Compensation and employee sick leave exceed 100% of an employee's regular pay rate at any time of the disability period. ARTICLE 12 OTHER PAID LEAVE 12.1 Bereavement Leave — An employee will be granted three (3) days of bereavement leave for attending funerals in the State of Washington and five (5) days for out of state funerals of members of the employee's immediate family. Immediate family shall be defined as spouse, cluld, mother, father, mother /father in -law, brother, sister, brother /sister in -law, grandparents, grandparents in-law, grandchildren, step relations as described herein of both the employee and the employee's spouse and any person for whom the employee is a legal I guardian The first three (3) days of time off for Bereavement Leave will be compensated at the employee's current rate of pay The additional two (2) days of time THRe -off for bereavement leave shall be charged against an employee's vacation, floating holiday, sick leave or compensatory time leave balance at the option of the employee. Additional time off may be requested by the employee and granted by the Department Director/Division Manager in extenuating circumstances and LWOP may be granted upon request by an employee with the approval of the Department Director on a case -by -case basis. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 3999 -2012 through December 31, 2442013 Page 25 of 52 DRAFT I Bereavement leave hours paid by the City shall not count toward computation for overtime purposes 12.2 Jury Duty, Witness Leave — An employee shall be granted a leave of absence with pay for the purpose of reporting to or serving on jury duty or serving as a witness on a case relating to theirjob with the City, except in those instances when the employee is involved as a party in an action being taken against the City Any juror or witness fees received by the employee for the performance of such duties shall be assigned to the City If more than 2.5 hours of their workday remains at the time of release from jury duty or serving as a witness, the employee shall report for duty. 12.2.1 City Notification - Employee shall be required to notify the City immediately upon receipt of written notification from the Court that they must report for Jury Duty or serve as a Witness as the result of a case related to his or her employment, by submitting a Leave Request form with a copy of the Jury Duty/Witness Notice attached Upon telephone confirmation by the Court to report, employee shall immediately notify the on -duty supervisor 12.3 Military Duty Leave — An employee who presents official orders requiring his/her attendance for a period of framing or other active duty as a member of the United States Armed Forces or the State National Guard shall be entitled to military leave with no loss of pay for a period not to exceed twenty-one (21) work days annually Authorized leave of absence for additional or longer periods of time for assignment to duty functions shall be without pay (unless the employee chooses to use accrued vacation leave or compensatory time) and shall be granted by the City. An employee receiving up to twenty-one (2 1) work days of training or serving on active duty shall receive their regular pay and the amount received from the Federal or State government, pursuant to RCW 38.40.060 as may be amended from time to time During periods of military conflict, employees are entitled to up to fifteen (15) days of unpaid leave before their spouse is deployed or while their spouse is on leave from deployment. 12.4 Domestic Violence Leave — Pursuant to State Law, Domestic Violence Leave provides additional leave rights to employees who are victims of domestic violence, sexual assault, or stalking, or who are family members of victims. It entitles employees to take leave to receive medical treatment, attend legal proceedings, or address safety concerns arising out of domestic violence, sexual assault, or stalking as outlined in City Human Resources Policy 3- 20 -19. 12.5 Administrative Leave - Any bargaining unit employee may be placed on Administrative Leave (leave with pay) for reasons in the best interest of the City (e.g. to diffuse a work - related or personal problem or to conduct an investigation). The City may place certain restrictions on an employee on Administrative Leave and require him/her to be available during his/her normal work schedule. Employees normally scheduled to work on other COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, ?889 -2012 through December 31, 2442013 Page 26 of 52 DRAFT than an 8 am to 5 pm schedule shall be put on a 9 AM — 5 PM schedule when placed on Administrative Leave If an employee is unavailable at any time during the alternative time schedule, then a leave slip must be turned in to cover the amount of time the employee will be unavailable 12.4 Emergency Leave — In the event of an unforeseen emergency which requires the absence of an employee, the employee will promptly notify his or her immediate supervisor, or in the absence of the immediate supervisor, the manager on duty in the Department within the first one -half hour of each work day or, if possible, within the one -half (1/2) hour preceding each work day of absence Such emergency leave shall be charged to an employee's unused vacation, floating holiday or compensatory time leave balance ARTICLE 13 RETIREMENT BENEFITS 13.1 State Retirement System - Each employee will be enrolled in the Washington State Retirement system for which he or she qualifies Contributions to the Retirement system will be made on a pre -tax basis Each employee will be covered by the federal Social Security Act ARTICLE 14 INSURANCE BENEFITS 14.1 Medical Insurance — The City will make medical insurance coverage available to employees and their dependents, as follows or another plan of equivalent or better coverage Kitsap Physician's Service (KPS) Plan B Group Health Cooperative (GHC) 14.2 Insurance Premium Payments — Payment of insurance premiums will be made as follows 14.2.1. Employees will be required to pay the following contnbutions towards the monthly premiums for medical coverage: I Effective 12 -1 -2012 Employee only coverage: Employee 0% City 100% Dependents coverage: Employee 4-015% City 9885% Effective 07 -01 -2013 Employee only coverage Employee 0% City 100% Dependents coverage Employee 20% City 80% COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January], 3099 2012 through December 31, 28442013 Page 27 of 52 DRAFT Permanent part-time employees shall be entitled to a pro -rated contribution for medical Insurance coverage by the City as follows Hours worked per week City Contribution Less than 20 hours per week None An average of at least 20 hrs but < 32 hrs /week 75% An average of at least 32 hrs and up 100% Permanent part- time employees who are on the City's payroll as of, 07-04 - 4-2ratification of this contract, who work less than 20 hours per week shall receive a pro- rated contribution for medical coverage at 50% Additionally. if the City and full -time employees mutually gree to temporary furloughs or temporary reduction in hours that would bring the employee's hours below 32 per week. these employees would be considered full time (working above 32 hours per week) in regards to this article I 14.2.2 €ffec-tive- open n-At€ieatio the City vall off-er- medieW eevefage —te dDependents of employees in Domestic partnerships that have filed their status with the State as required by law and have met the minimum affidavit requirements are eligible for coverage 14.23 STIPEND IN LIEU OF MEDICAL COVERAGE - An employee who waives the right to obtain medical insurance coverage through the City and who provides proof of creditable coverage through his/her spouse or other source shall be entitled to receive a stipend of one - two hundred and fifty dollars ($150250 00) per month, payable in the amount of seventy five ne hundred twenty five dollars ($7125.00) per pay as permitted and subject to all State and Federal laws and restrictions Employees shall be required to notify Human Resources, in writing, during open enrollment, of their desire to waive medical coverage, or at anytime during the year if a qualifying event occurs which would change their status (e g. marriage, divorce, spouse loss of job or medical coverage). Since both KPS and Group Health underwriting requirements require a 75% participation rate, in the event that there is less than a 75% participation rate due to employees waiving medical coverage, the City may cease offering the stipend due to the adverse impact upon those insured. 14.3 Dental Insurance — The City will provide the same benefit levels as are contained in the Washington Dental Service Plan F dental program for employees and their dependents and provide for full payment of insurance premiums. 14.4 Insurance Benefits Committee - The Insurance Benefits Committee will be comprised of the following members Mayor or designee, Human Resources Manager or designee, Financial Services Director or designee, one employee selected by the non - represented COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2 -$99-2012 through December 31, 244 LO 13 Page 28 of 52 DRAFT management and professional employees, and one individual selected by each of the recognized unions The committee will elect a chair and any other officers it deems appropriate 14.5 Changes in Law - In the event changes in state or federal law create an impact on the present health and welfare premiums or plans, the parties will reopen negotiations on such subject 14.6 Vision Insurance — The City will pay the premium for the Washington Teamsters Welfare Trust Vision Plan for all bargaining unit employees employed in the previous month It shall be the responsibility of the employee to ensure that the required paperwork is completed in a timely manner in order to enroll him/herself and/or dependents 14.7 Dependent Coverage for Extended LWOP - If an employee is out on Leave Without Pay in excess of 10 consecutive working days, unless such leave qualifies for FMLA and/or L & I covered illnesses or injuries, he /she may be responsible for both the City's and employee's portion of dependent coverage premiums If an employee is out on Leave Without Pay in excess of twenty five (25) consecutive calendar days unless such leave qualifies for FMLA and/or L & I covered illnesses or iniunes he /she will be responsible for both the City's and employee's portion of the employee and dependent coverage premiums ARTICLE 15 WORK RELATED EXPENSES 15.1 Uniforms — The City will provide new and replacement uniforms for each employee in the department whenever the Department Director/Division Manager determines it is in the best interest of the City. The characteristics of the uniform and what will constitute the uniform shall be at the sole discretion of the Department Head or designee 15.1.1 Employees furnished uniforms shall be required to wear their uniform when performing work and required by the department 15.1.2 Standard uniforms provided by the City through uniform service contracts, i.e , shirts, pants and . jackets, will be maintained by the City at City expense All other uniform apparel such as polo shirts, tee shirts, etc., purchased by the City shall be maintained by the employee at the employee's expense. 15.1.3 Employees are expected to take reasonable care of their uniforms Employees shall notify their supervisor when uniforms are in need of replacement and/or repair COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 3989 2012 through December 31, 2442013 Page 29 of 52 DRAFT 15.1.4 City uniforms shall not to be worn during non -work hours or to non -work locations, except for incidental stops to or from work and meal periods. 15.1.5 While in uniform, employees shall not publicly drink intoxicating liquor, be publicly intoxicated or under the influence of a controlled substance 15.2 Cleaning Allowance - The cleaning allowance for Warrant Servers shall be $350 00, which shall be paid in the pay period ending January 15th Should an employee separate from City employment during the year, a pro -rated reimbursement to the City for the cleaning allowance shall be withheld from the employee's final paycheck based on the number of months left in the calendar year. 15.3 Uniforms - The City will provide five (5) uniforms to Warrant Servers 15.4 Tool Allowance - Vehicle Maintenance 15.4.1 The City will provide an annual tool allowance per mechanic to buy more efficient tools or to replace lost, broken, or stolen tools as follows In the amount of $47549 00. 15.4.2 Payment of the tool allowance will be made in the pay period ending January 15th. 15.4.3 Should an employee separate from City employment during the year, a pro -rated reimbursement to the City for the tool allowance shall be withheld from the employee's final paycheck, based upon the number of months left in the calendar year. Example: Employee receives $499 00 tool allowance in January and then separates from employment in May Employee would be required to reimburse I the City in the amount of $95 25 ($475- 99 525.00 divided by 12 = $34.4842 75 /month x 7 months {June through December)). 15.4.4 The City will purchase all specialty or new tools that are required to perform the job because of changing technology or City equipment. 15.4.5 Replacement of tools lost or stolen on City property or while performing City business will be replaced in accordance with City Policy #3- 10 -16. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, ?889 -2012 through December 3I, 29N-2013 Page 30 of 52 DRAFT 15.4.6 All special and heavy duty tools, power tools, and tools larger than one -half (1/2) inch drive will be furnished and maintained by the City The City will service and repair all employee owned pneumatic and calibrated tools 15.5 Safety Shoes The City will reimburse employees up to a maximum of $175 00 for the cost of WISHA approved safety or calked shoes/boots, when the Department/Division has I determined that they are required including inspectors 15.6 CDL License — When a Commercial Drivers license (CDL) is required for a position by the City, the City will only pay for the cost of the CDL endorsement and required physical examination when making initial application and upon any required renewal 15.7 License /Certification Differential Pay - Employees who are required by the City to have a Washington State certification or license above the minimum certification level set forth below will receive fifty dollars ($50.00) per month for each current certificate above the established minimum Certifications obtained outside of the certification series identified for the division or work group will be considered only when such certification benefits the City as determined by the Director of Public Works & Utilities Effective January 1, 2009 any certification beyond one level above the certification required for the employee to do his/her job will not result in any additional $50 license differential This provision shall not apply to employees who are currently receiving multiple license differentials as of 12/31/08, however, keeping licensing current shall be the responsibility of the employee, and should any certification lapse, any differential for such license shall no longer apply 15.7.1 WWTP (WWTP Operator Certification Series) WWTP Operator I- WWTPO Group II Plant WWTP Operator H — WWTPO Group III Plant T"'a !AQ'09 WWTP Lab Technician - WWTPO Group II Plant WWTP Operations Supervisor - WWTPO Group III Plant 15.7.2 Water Operations (Water Distribution Certification Series) Water Operator - Water Distribution Manager I Water Operator Sr - Water Distribution Manager 11 Water Operator Lead - Water Distribution Manager II Water Operations Supervisor - Water Distribution Manager III COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2909 2012 through December 31, 2042013 Page 31 of 52 DRAFT Environmental Technician and Water Resources Assistant (Water Distribution, WWTP Operator, or Sewer Collection Certification Series) Level II Certification in any Series Differential pay is allowed for certifications above Level Hfor one series only 15.7.3 Water Maintenance (Water Distribution Certification Series) Water Distribution Supervisor - Water Distribution Manager III 15.7.4 Cross Connection Control Specialist (Cross Connection Control and Backflow Assembly. Tester Certification Series) Cross Connection Control Specialist I 15.7.5 Storm /Sewer Maintenance (Sewer Collection System Certification Series) Utility Service Specialist Supervisor - Sewer Collection System Level III 15.7.6 Automotive Maintenance Technicians (Automotive Service Excellence Certification Series) One ASE Master Certification - Automotive, Heavy Equipment, or Emergency Vehicle Technician. Differential nay is allowed for each additional Master Certification 15.7.7 Electronics (International Municipal Signal Association - Traffic Signal Certification Series and NT Telephone Certification) Electronics Technician - IMSA Level II - Traffic Signal 15.7.8 Traffic Maintenance (International Municipal Signal Association - Signs and Markings Certification Series) Sign Shop Service Specialist Supervisor - IMSA Level III - Signs and Markings 15.7.9 Engineering (Professional Engineer and Land Surveyor). There is no Certification Pay allowed for EIT or LSIT Certifications. Engineer I - Engineer -In- Training Certification or Land Surveyor -in- Training Certification Engineer II - Engineer-In- Training Certification Engineer III - Professional Engineer COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 3899-2012 through December 31, 2)• 2013 Page 32 of 52 DRAFT 15.8 Maintenance of Certifications — The City will reimburse an employee for the actual costs of obtaining and maintaining a professional or work related certification including a CDL license, which is required by the City Or has been required as a condition of working in a particular classification 15.9 Failure to Maintain/Obtain Required Certifications — If an employee fails to obtain or maintain a certification required in order to perform the essential duties and functions of his/her position, he /she shall be terminated, unless the employee can demonstrate that he /she has not been permitted by the City to attend the required training and instead required to work In the case of a CDL license, an employee may be terminated. New hires who are required to obtain a CDL license for their position within six months from their date of hire, and who fail to obtain the required CDL license shall be terminated by the City 15.10 Meal Expense — The City will reimburse an employee up to fifteen dollars ($15 00) dollars per meal for meal expenses when the employee is required to work during a bona fide emergency situation after completing his or her regular work day, provided that the employee works at least three (3) additional hours during a twenty -four (24) hour period To receive reimbursement for meal expense, the employee will submit an appropriate expense claim form 15.11 Travel Authorization and Expense Reimbursement — Travel authorization and expense reimbursement shall be pursuant to Chapter 2 74, Travel Authorization and Expense Reimbursement, of the Bremerton Municipal Code ARTICLE 16 SUBCONTRACTING WORK 16.1 The City of Bremerton and the Union will agree that conditions surrounding decisions to subcontract work normally performed by non - uniformed employees are subject to the following The City will provide a minimum of thirty (30) days advance notice of it's intention to subcontract out work and bargain the impact of such proposed subcontracting. In the event the City enters into a contract, depending on the needs of the City at that time, the City shall have the option to either to keep those affected employees employed in any fob classification for which they are qualified, at their current rate of pay, or to pay them under the following conditions Either one (1) week of severance pay or continued employment for each completed year of regular employment with the City, up to a maximum of 16 weeks Employees will be cashed out of all vacation leave accrued as provided by current agreement Pay out for Sick leave accrual will be granted only to those employees who are within five (5) years of earliest retirement under (PERS), and then at a maximum not to exceed seventeen and one -half percent (17 5 %)' of their existing balance Those affected employees will also be placed on a Layoff Register pursuant to Article 36 Layoff/Recall. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2099 -2012 through December 31, 20442013 Page 33 of 52 DRAFT ARTICLE 17 EMPLOYEES STILL COVERED BY CIVIL SERVICE Police and Fire Department non -sworn employees covered by this collective bargaining agreement retain their Civil Service rights pursuant to State law ARTICLE 18 DRUG FREE WORK PLACE 18.1 The maintenance of a drug -free work place is essential to the safety and welfare of City employees. The following provisions will apply to employees covered by this agreement - 18.2 Controlled Substances - 18.2.1 The unlawful manufacturing, distributing, dispensing, possessing or using of a controlled substance or alcohol in the work place is prohibited Reporting to work under the influence of a controlled substance or alcohol is prohibited. 18.2.2 As a condition of employment, all employees must notify their Department Director/Division Manager of any criminal drug statute conviction for a violation occurring in the work place no later than five days after such a conviction. 183 Prescription or Over- the - Counter Drug Use — The use of prescription and over -the- counter drugs which compromise safety in the work place or the quality of the employee's work product is prohibited 18.4 Employee Sanctions — It is the responsibility of every employee to be aware of the above provisions and to abide by them Failure to observe these provisions could result in immediate disciplinary action against the employee, up to and including termination The employee may be required to participate satisfactorily in an alcohol or drug abuse assistance or rehabilitation program. 18.5 Drug Abuse Education Program — The City will utilize all available City resources, such as the Police Department, to educate employees as to the dangers of drug abuse. 18.6 Confidentiality — The confidentiality of all complaints and reported violations of the provisions of this policy will be strictly maintained, except as required by public disclosure laws or court orders. 18.7 The parties have agreed to the City of Bremerton Human Resources Policy 3 -20 -03 "Drug and Alcohol Policy" for employees required to have a Commercial Driver's License, with an effective date of January 1, 1996. The parties agree that the City of Bremerton Human Resources Policy #3- 20 -03" Drug and Alcohol Policy" will apply to employees not required to have a CDL, however, they will not be subject to random testing. ARTICLE 19 BUS PASSES COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2$89 -2012 through December 31, 281-1.2013 Page 34 of 52 DRAFT 19.1 The City will provide Kitsap Transit bus passes to employees working in the downtown core who request bus passes To be eligible to receive such passes, the employee must ride the bus to and from work an average of three (3) times a week The City will establish procedures for the issuance of bus passes to employees It shall be understood that an employee issued a bus pass is not eligible to receive free downtown parking ARTICLE 20 MANAGEMENT RIGHTS 20.1 b fi the Employer- r-etaias the exelusive b b> > th Fight f y-^e and to eenduet its operettens in a saf and °ffieieR4 manner- The Union recognizes that the City has the responsibility and authority to advance to the fullest extent possible the economy of operation of the City and to protect the pnmary interests of the citizens of the City The Union recognizes the prerogative and responsibility of the City to operate and manage its affairs in all respects in accordance with its lawful authority whether heretofore or hereafter exercised and regardless of the frequency or infrequency of the exercise of such rights 202 The management of the City and the direction of the City's working forces, including the right to hire. suspend or discharge employees for lust cause (newly hired trial service employees without cause), promote employees, demote employees for just cause, to assign fobs, to transfer employees within the bar ainin L unit to increase and decrease the working force, to establish standards to determine work to be accomplished, the schedules of operation and the methods, process and means of operation or handling are vested exclusively in the City unless such authority or right is abndged, delegated, or modified by this Agreement 20 3 The City shall have the nght to determine reasonable schedules of work (part -time, eight, nine or ten hours shifts) and to establish the methods and processes by which such work is performed including the nght to establish employee evaluation processes and standards of performance and to maintain order and efficiency through the establishment and enforcement of rules regarding safety, security and conduct. The City shall have the right to designate or make changes regarding the location of its offices. facilities, places of business and the equipment and machinery to be utilized or to make technological changes with respect thereto ARTICLE 21 WORK STOPPAGES 21.1 STRIKES/LOCKOUTS PROHIBITED - The City and the Union agree that the public interest requires efficient and uninterrupted performance of all City services and to this end pledge their best efforts to avoid or eliminate any conduct contrary to this objective during the term of this Agreement Accordingly, it will be a violation of this Agreement for the City to cause a lockout of its employees or for the Union to call, encourage, or participate in any strike, sympathy strike, slowdown, or other work stoppage Employees engaging in any of the aforementioned activities will be subject to disciplinary action. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 3099 -2012 through December 31,241-U013 Page 35 of 52 DRAFT ARTICLE 22 GRIEVANCE PROCEDURE 22.1 Definitions 22.1.1 Grievance — A grievance is an alleged contract violation, question, or challenge raised by a bargaining unit employee or the Union as to the correct interpretation or application of this Agreement by the City Such allegation, question, or challenge is to be resolved through this Grievance Procedure 22.1.2 Discir linary Appeals — Bargaining unit employees who have been suspended, demoted or terminated may appeal their discipline either through the grievance procedure or to the Appeals Board (Civil Service Commission), but not both 22.2 Step 1, — An employee or Union representative who believes that a question exists as to the correct interpretation or application of this agreement will first discuss the action giving rise to the belief with the immediate supervisor involved within thirty (30) calendar days of the date the action took place or within thirty (30) calendar days of the date upon which the employee could reasonably have been expected to know of such action. The employee will have the right to be assisted by an authorized Union representative during this discussion if they request one The time limits above shall not apply to payroll errors. 22.3 Step 2 — In the event that the immediate supervisor does not resolve the grievance to the satisfaction of the employee or the Union within a period of fourteen (14) calendar days at Step 1 of this procedure, the employee or the Union Representative will reduce the grievance to writing and will state the section (or sections) of this agreement which is alleged to have been interpreted or applied incorrectly; an explanation of the grievance in detail, including dates, actions and such other information needed to understand the facts and circumstances giving rise to the grievance; and the remedy sought The employee will have the right to be assisted by an authorized Union representative in reducing his or her grievance to writing The employee or Union representative will present the wntten grievance to the employee's Department Director within fourteen (14) calendar days of the date the employee received the immediate supervisor's response The Department Director will meet with the employee and/or the employee's Union Representative within fourteen (14) calendar days after receipt of the written grievance for the purpose of considering the matter. The Department Director will reduce his or her decision to writing and will transmit the decision to the employee and the Union representative within fourteen (14) calendar days of meeting with the employee and/or the Union representative. 22.4 Step 3 — In the event that the Department Director does not resolve the grievance to the satisfaction of the employee or the Union representative at Step 2 of this procedure, the employee or the Union representative will transmit a copy of the original grievance along with a copy of the Department Director's written response to the Human Resources COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 3899-2012 through December 31, 38 -2013 Page 36 of 52 DRAFT Manager within fourteen (14) calendar days of receipt of the Department Director's written response The Human Resources Manager will consider the grievance and may convene a meeting. The Human Resources Manager will reduce his or her decision to writing within fourteen (14) calendar days of receipt of the grievance and transmit the decision to the Union 22.5 Sten 4 — In the event that the Human Resources Manager does not resolve the grievance at Step 3 of this procedure, the Union may request arbitration of the issue by written notification to the Human Resources Manager within thirty (30) calendar days of the Step 3 response. Immediately thereafter, the parties will petition the Federal Mediation and Conciliation Service MCS for a list of nine (9) arbitrators who are residents of the Northwest (Washin on, Oregon, and Idaho) 22.6 Powers and Duties of the Arbitrator — It will be the duty of the arbitrator to conduct a hearing on the issue or issues submitted by the parties for decision The hearing will be kept informal and private The arbitrator will interpret the provisions of this agreement as they apply to the issue or issues submitted for decision and will 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 hearing, the arbitrator will render a written decision which will be binding upon the parties 22.7 Costs of Arbitration — The expenses of the neutral arbitrator will be borne equally by the parties Each party will singly bear all costs related to preparing and presenting its own case before the arbitrator, including costs of witnesses and attorneys In the event the parties mutually desire+xg a record of the proceedings, . ,, .ti the cost of obtaining such record shall be borne equally by both parties 22.8 Time Limits — Time limits established in this procedure will be strictly adhered to but may be waived by mutual agreement of the Union and the City All procedures contained herein will be complied with as expeditiously as practicable. ARTICLE 23 SEVERABILITY 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 will not be held invalid and will remain in full force and effect The Union and the City will immediately meet and attempt to renegotiate any provision found invalid. ARTICLE 24 ENTIRE AGREEMENT The Union and the City acknowledge that each has had the unlimited right and opportunity to make proposals with respect to any matter deemed a proper subject for collective bargaining. The results COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 39992012 through December 31, 244 2013 Page 37 of 52 DRAFT of the exercise of that right are set forth in this Agreement Therefore, the City and the Union each voluntarily and unqualifiedly agree to waive the right 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 25 CONFLICTING PROVISIONS 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 will prevail ARTICLE 26 LABOR MANAGEMENT COMMITTEE 26.1 Labor Management — The City and the Union agree that a need exists for closer cooperation between labor and management. To accomplish this objective, the Employer and the Union agree that no more than five (5) duly authorized representatives of the Union will function as one -half (1/2) of a Labor - Management Committee, the other half being no more than five (5) certain representatives of the City named for that purpose The Committee will meet as necessary for the purpose of discussing and facilitating the resolution of all problems, which may arise between the parties The City will provide a draft of the minutes of the meeting to the Union's, Committee members within (2) two weeks of the meeting. The Committee will be chaired by a member elected by the Committee. 26.2 Amendments to Agreement - Should the Union and Employer mutually agree to change, add, or delete any provision of this Agreement, policies or rules, such change will be set forth in writing. ARTICLE 27 JOB SHARING 27.1 Job Sharing - The parties consider fob sharing as a potential viable alternative to full time employment Jobs may be shared on an hourly, or daily basis. 27.2 Job Sharing Leave - All leave for job- shanng employees will be provided on a pro -rated basis. Insurance benefits premium costs will be determined on a case by case basis, however, the total cost to the City cannot exceed the cost for a full time employee. 27.3 Job Sharing Agreement - Job sharing may only be done by mutual agreement of the employees affected and Department Director or designee. Vacant full time positions may be announced as "Job Sharing" only if agreed to by the City and Union 27.4 Hours Worked - All time worked by an employee above the base scheduled hours for the position will be considered overtime, provided, however, that the combined paid COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2089 -2012 through December 31, 2442013 Page 38 of 52 DRAFT hours for the position exceed forty (40) in the work week 27.5 Required Sign -off - Job sharing employees must sign a "Job Sharing Contract" acknowledging their acceptance of appropriate conditions including the following 27.5.1 Agreement Termination by Employees - Either fob sharing employee may request terminating the contract and returning to full -time employment Accommodation of this request shall be subject to the availability of a vacant position The remaining employee may be required to work full -time until another "fob sharing" employee can be found, and is approved by the Department Director or designee. 27.5.2. Absence of Employee - Job sharing employees agree to work full -time during the absence of the other employee, when requested 27.5.3 Employee Status - Regular status for employees "fob sharing" will be achieved upon successful completion of hours worked equivalent to the duration of the probationary period for the classification 27.5.4. Sten Increases - Step increases for "fob sharing" employees shall be granted in the same manner as full -time employees on an equivalent basis 27.5.5 Other Conditions - Other conditions as may be considered necessary by the Department Director or designee may be made part of the fob sharing contract Provided, however, that they do not alter any terns of this Labor Agreement 27.5.6. Agreement Termination by Department - The ,job sharing contract may be terminated at the discretion of the Department Director or designee 27.6 Work Schedule/Insurance Benefits - The negotiated fob sharing contract will indicate the base schedule to be worked by each employee and the distribution of insurance benefits premium costs ARTICLE 28 TEMPORARY ASSIGNMENT AND SPECIAL ASSIGNMENT 28.1 Temporary Assignment - An employee covered by this Agreement may be temporarily assigned the duties and responsibilities of a position which has a higher pay classification than his/her regularly assigned classification in which the incumbent employee is absent due to an extended illness, leave of absence or other extenuating circumstances, An employee who is temporarily assigned to such a position shall be compensated at five percent (5 %) above his /her current base pay rate plus longevity if applicable, or the first step of the higher pay rate, whichever is greater In no case shall an employee be paid more than the top pay step of the higher classification or serve in a temporary assignment COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 3099 -2012 through December 31,24Q_013 Page 39 of 52 DRAFT for more than one (1) year. A temporary assignment may be extended one (1) time, on a case -by -case basis, for up to a maximum of six (6) months at the discretion of the Department Director Such extension shall require the concurrence of the Human Resources Manager and the Union. It shall be understood that compensation at the higher I pay rate shall be effective after the completion of twenty -four (48L4) consecutive hours in the temporary assignment. The first €e , twenty -four (48D hours of the temporary assignment shall be paid at the employee's regular base rate of pay plus longevity, if applicable Temporary Assignment will not affect an employee's anniversary date for step advancement purposes. 28.2 Special Assignment — An employee covered by this agreement may be placed in a special assignment, rather than being permanently reclassified to a higher level to allow for employee rotation, to enhance upward mobility, or for special protects for a period of one (1) calendar year or less. A Special Assignment may be extended one (1) time, on a case -by -case basis, for up to a maximum of six (6) months at the discretion of the Department Director Such extension shall require the concurrence of the Human Resources Manager and the Union. Special Assignments shall not to be used for staffing shortages Compensation for Special Assignments may be granted up to a maximum of ten percent 10% above what the current base rate of pay plus longevity if applicable is for the employee and requires the approval of the Human Resources Manager. Special Assignment will not affect an employee's anniversary date for step advancement purposes ARTICLE 29 WASTEWATER TREATMENT PLANT — EMPLOYEES 291 €wee& ;;ic certifications beyond one (1) level above the certification required for the employee to perform his/her ,lob will not result in any additional $50 license differential for 29.2, 29 3 and 29 4 below This provision shall not apply to employees who are currently receiving multiple license differential amounts as of 12/31/08; however, keeping licensing current shall be the responsibility of the employee, and should any license lapse, any differential for such license shall no longer apply 29.2 WWTP Operator I License Differential — WWTP Operator I employees that are required by the employer and/or choose to have a Washington State Operator's License above Group II will receive Fifty Dollars ($50 00) per month for each current certificate above Group U. 29.3 WWTP Operator II License Differential — WWTP Operator II's that are required by the employer to have a Washington State Operator's License above a Group III, will receive Fifty Dollars ($50 00) per month for each certificate above Group III. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2989-2012 through December 31, 2 42013 Page 40 of 52 DRAFT 29.4 WWTP Operations Supervisor License Differential — WWTP Operation Supervisor's that have a Washington State Operator's license above Group III, will receive Fifty Dollars ($50.00) per month for each certification above Group III 29.5 WWTP Operator -in- Charge Differential - When the employer designates a WWTP Operator -in- Charge for a minimum of one full shift, they will receive a five (5 %) percent differential applied to their base hourly pay for each shift so assigned 29.4 WWTP Maintenance Technician -in- Charge Differential - When the employer designates a WWTP Maintenance Techmcian-m- Charge for a minimum of one full shift, they will receive a five (5 %) percent differential applied to their base hourly pay rate plus longevity if applicable, for each shift so assigned 29.5 WWTP Operator Trainee Training Period — The training period shall be not less than six (6) months and no more than eighteen (18) months, contingent upon when employee obtains the required license. 29.6 Promoted Employees - If between twelve (12) and eighteen (18) months the employee does not qualify for WWTP Operator they will be returned to the class they previously held, provided they held such class in a non - probationary status 29.7 WWTP Maintenance Technician Trainee - Upon successful completion of probation the WWTP Maintenance Technician Trainee shall be reclassified as WWTP Maintenance Technician ARTICLE 30 TEAMSTERS SUPPLEMENTAL PENSION PLAN The City agrees to allow the bargaining unit employees the opportunity to voluntarily participate in the Teamsters Supplemental Pension Plan It shall be understood that participation in this plan shall be strictly voluntary and that 100% of the cost of participation shall be the sole responsibility of the employee ARTICLE 31 DOWNTOWN PARIQNG The City shall provide free parking for all bargaining unit members who are assigned to work on a regular basks in the downtown area ARTICLE 32 AUTOMATIC PROMOTION FROM PLANNER I TO PLANNER II AFTER THREE (3) YEARS Employees hired as Planner I who successfully complete three (3) years of employment with the City as a Planner I, upon reaching their third (3rd) year anniversary date, will be automatically promoted to Planner II without testing as long as his/her 3rd year annual evaluation reflects a COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2999-2012 through December 31, 29441.2013 Page 41 of 52 DRAFT "Meets Expectations" or higher rating. If a Planner I fails to receive their 3` year annual evaluation in a timely manner, it shall be assumed that their performance "Meets Expectations" and they will be promoted to Planner II This does not preclude the City from promoting a Planner I to a Planner H position through the normal promotional testing process prior to reaching his/her 3rd year anniversary. ARTICLE 33 DISCIPLINE 33.1 Coordination of Discipline - Prior to the imposition of any discipline or discharge of a regular employee, the Department will coordinate the action contemplated with the Human Resources Manager and City Attorney's office to ensure that the proper procedures are followed. 332 "Just Cause" Discipline - Discipline shall be unposed for just cause 33.3 Types of Discipline - The Department Director or Division Manager (except for termination of employment which can only be unposed by the Department Director) may administer the following types of discipline provided, however, the following list shall not be construed to set forth any necessary sequence of progressive discipline and does not limit alternative methods /forms of discipline 33.3.1 Written reprimand. 33.3.2 Suspension without pay not to exceed thirty (30) days. 33 3 3 An alternative for suspension without pay may be a: a. Reduction in Step for a specified period of time, not to exceed an amount equivalent to five (5) days suspension. b. Reduction of accrued vacation leave by a specific number of hours, not to exceed five (5) days suspension. 33.3.4 Demotion a. Demotion of a regular employee to a lower position for dust cause may be made by the Department Director or Division Manager. If it is proposed that the employee be transferred to another department, the receiving Department Director must give approval. b A regular employee so demoted shall lose all rights to a position in the higher class, and shall not, in the event of a layoff or reduction, be placed on a layoff reinstatement register for the higher class. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2 -809 -2012 through December 31, 24"2013 Page 42 of 52 DRAFT c A demoted employee's rate of pay shall be reduced by 10% If an employee's pay rate after the 10% reduction is greater than the top step of the position to which they were demoted, then his/her pay rate will be frozen until such time that the top step catches up to his/her frozen pay rate EXAMPLE: An Office Assistant Senior is demoted to an Office Assistant III (OA III) As an Office Assistant Senior (OA Sr.), the employee's rate of pay was $23 06. When demoted to OA III, the employee's rate of pay is reduced by 10% to $21.32, which exceeds the top step of $20 69 in the OA III pay band The employee will remain at $2132 until such time as the top step of OA H exceeds that hourly rate 33 3 5 Termination 33.4 PRE - DISCIPLINARY HEARING 3341 Prior to Imposition of any discipline above a Written Reprimand, a pre - disciplinary hearing shall be held within five (5) working days from the date the employee was advised of the proposed discipline to be taken The regular employee shall be given an opportunity to respond to the charges, orally and/or in writing, as to why the department's proposed action should not be taken, and the date and time of the pre - disciplinary hearing 3342 The Department Director/Division Manager (as applicable) shall conduct the hearing The employee may have legal counsel, a union representative, and/or witnesses present at the pre - disciplinary hearing The employee does not have the right to confront or cross examine witnesses of the City, however, he /she may ask questions at the discretion of the Department Director/Division Manager 3343 The Department Director/Division Manager shall present an explanation of the evidence at the pre - disciplinary hearing, which shall be sufficient to apprise the employee of the basis for the proposed action. 3344 Within five (5) working days of the hearing, the Department Director/Division Manager shall advise the employee, in writing, of the outcome of the pre - disciplinary heanng, and the discipline to be imposed. 33.5 DISCIPLINARY APPEALS 33 5 1 Employees who have been demoted or whose employment has been suspended or terminated may appeal either through the grievance procedure or to the Appeals Board (Civil Service Commission), but not both. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2899-2012 through December 31, 2 .06 2013 Page 43 of 52 DRAFT 33.5.2 If an employee elects to use the grievance procedure for his/her appeal, it will begin at Step 3 of the grievance procedure. 33.5.3 An employee who is issued a Wntten Reprimand shall be given the opportunity to have a letter of rebuttal attached to the charging document in response to the discipline taken. Such letter shall be filed with Human Resources wlthm fourteen (14) calendar days of issuance of the discipline. ARTICLE 34 SENIORITY Senionty shall be determined based upon years of continuous service within the bargaining unit However, all semonty shall be lost after 18 months in layoff status, or upon leaving the bargaining unit for any other reason (e.g resignation, tenrunahon or acceptance of a non - bargaining unit position) If a City employee is laid off and lured back into a bargaining unit position within eighteen (18) calendar months of layoff, then that employee shall have all previously earned bargaining unit semonty restored ARTICLE 35 LAYOFFS/RECALLS 35.1 Reductions in Force (R.I.F.) Should the City decide to reduce the work force, layoffs shall be made as follows 35 1.1 By Classification and by Division 35.1.2 By Semonty The City will provide at least thirty (30) days notice to the affected employees The affected employees shall be the least senior employees in that classification within the division Any temporary/probationary employee in that classification will be laid off prior to any regular employee being laid off 35.13 In the event two (2) employees in the same classification have the same seniority date, seniority will be determined by going back to the original hinng register from which they were lured, and the employee with the highest overall score shall be considered to have the higher seniority. 35.2 Lavoff Procedure - Employees who received R.I.F. notices and were not placed in positions pursuant to this Collective Bargaining Agreement shall receive notice of layoff twenty (20) working days prior to the effective date of the layoff. 35.2.I.All temporary employees performing similar duties as employees in the same layoff classification shall be separated from employment first. 35.2.2 All probationary employees in the same layoff classification shall be laid off next. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, ?999 -2012 through December 31, 244QI� Page 44 of 52 DRAFT 35 3 Bumping Options Of Employees Affected By Reduction In Force - Employees receiving R I F. notices shall be offered these options which may be available within the bargaining unit, and will be given reasonable time to consider these options 35 3 1 A transfer to a vacant position within the same city -wide classification (e g Office Assistant Senior) and with no reduction in pay 35.3 2 The right to bump the least senior occupant in the same citywide classification 35 3 3 A transfer to a vacant position in the same or lesser pay grade for which the employee meets the mimmum requirements and can obtain the necessary certification within six (6) months 3534 The right to bump the least senior occupant in a classification in the same pay range in the department, whether or not the employee holds previous status, provided he /she meets the minimum qualifications, has greater seniority, and can perform the full range of duties of the position with a brief orientation or familiarization period (up to 45 calendar days) 3535 The right to bump the least senior occupant in a lower classification in the bargaining unit or division, whether or not the employee holds previous status, provided he /she meets the minimum qualifications and has greater seniority. Bumping permitted by this section and 35 3 3 above to positions not previously held shall be made without examination, but a six (6) month probationary period shall be mandatory Such probationary period shall only be based upon ability to perform the essential functions and duties of the position If employee is not able to perform the essential functions and duties of the position, then they will be laid off and placed on the lay -off register Bumping to positions previously held shall be allowed without examination or a probationary period 35 3 6. The right to bump the least senior occupant in a lower classification in a division that the employee had previously transferred or promoted out of Seniority for the purposes of this provision shall be that seniority credit the employee had at the time he or she transferred out of the position. The right to bump into a lower classification or equivalent if the fob title has been changed since he /she transferred out of the position but the fob duties have remained essentially the same, shall terminate two (2) years after the transfer out of the bargaining unit. 35 4 In addition, an employee receiving a R.I.F. notice may apply for any currently available promotional opportunities, subject to meeting the minimum requirements for any position for which they are applying COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2999 -2012 through December 31, 39142013 Page 45 of 52 DRAFT 35 4 1 In the event there are no full time positions available for regular employees who receive a RIF notice to bump into, they will be permitted to bump into part-time, temporary or seasonal positions for which they qualify. 35 4.2 Probationary employees who receive a RIF notice will be permitted to bump into part-time, temporary or seasonal positions for which they qualify. 35.5 Placement of Laid - off Employees on Layoff Register - The names of regular employees and those employees covered under 35 4.2 above, who have been laid off shall be placed on a layoff register rated by seniority (the most senior by classification or division) 35 5 1 Layoff registers shall be maintained by the Human Resources Department in coordination with the Union 3552 An employee's name shall remain on the register for 4-8-24 months from the date of layoff 355.3 An employee who has bumped to a lower position shall be reinstated to his/her I former position, provided a vacancy occurs within the 4$-24 month period and he /she meets the minimum requirements of the position 35 5 4 An employee's name shall be removed for any of the following reasons 35.541. Inability to contact the employee by certified mail at the employee's last known address. 35.5 4.2 Rejection by the employee of an offer to return to a vacancy in the job classification or division held previous to layoff 3554.3. A written statement by the employee that he /she has no further interest in returning to City of Bremerton employment 35.6 Recall From Layoff. 35.6 1 Upon notification by the Human Resources Department that a vacancy exists, the affected department director shall contact the most senior candidate from the appropriate layoff register and offer him/her the position If the most senior candidate rejects the position, then the next senior candidate shall be offered the position, and so on. The City shall notify the Union of any recalled employee. 35.6.2 In the event the appropriate register is exhausted, an employee on another layoff register shall be recalled to a classification vacancy, provided that either the employee meets the minimum qualifications or the special qualifications, training, COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January I, 208S� 2012 through December 31, 291- 1.2013 Page 46 of 52 DRAFT or skill required for the position can be obtained through a short orientation or familiarization period of up to forty-five (45) calendar days, and provided the employee makes written application for the vacancy. In no event shall any employee be recalled into a classification higher than that from which he /she was laid off Such employee shall be subject to a probationary period in the new position subject to section 36 6 1 35 6 2 1 The Human Resources Department shall exhaust the appropriate lay off register before opening the position to new hires 35 6 2 2 An employee recalled will be required to pass a physical exam, if required for the position, in order to determine if he /she is physically able to perform the essential functions and responsibilities of the position 35.7 Reinstatement - An employee who is laid off may be reinstated to a vacancy within 18 months of layoff without competition Such employees shall be credited with 3571 Seniority and step increase dates adjusted for the time laid off shall be subject to section 36 8 C, 3572 The previous rate of sick leave and vacation accrual based on years of service as of the time of layoff, 3573 Reinstatement of previous sick leave accrual balances 357.4 Regular status only if reinstatement is to the same division from which layoff occurred and if regular status had been previously attained, 3575 Benefits in accordance with any restrictions or waiting period imposed by plan documents (Medical/Dental/Life) 35 7 6 Any employee who is reinstated from a layoff register to a classification or division not previously held shall be 35.7.6.1 Required to serve a three (3) month probationary penod A reinstated employee who fails to complete the probationary period shall be returned to the layoff register for the remainder of the 18 month period established by the date of the original layoff, 35762 Given new semonty and increment dates for pay purposes (i e. longevity, annual step increases), COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters ##589 January I, 2 -809 -2012 through December 31, 26W2013 Page 47 of 52 DRAFT 35 7.6 3 Given the previous sick leave accrual balances. 35.7.6 4 Given benefits in accordance with any restrictions or waiting period imposed by the plan documents (Medical/Dental/Life). 358 Recall Notification 35.8.1 Laid -off employees shall be carved by the City on a lay -off register for a period of 18 months, and shall be notified of any openings for which they are eligible Eligible, for purposes of this Article, shall mean that the employee has previously held regular status in the classification and has not been demoted from the classification No vacancies shall be posted, advertised or filled while there is an eligible employee on the lay -off list. An employee on the lay -off list may refuse to return to a lesser position than that from which they were laid -off without loss of all recall rights An employee may not refuse to return to the classification from which they were laid off without loss of all recall rights 3582 A recalled employee shall return on the date and time set by the City, which in no event shall be sooner than two (2) weeks from the time the employee was mailed a notice or recall to the last known address of the employee, unless by mutual consent to an earlier starting date No temporary employees shall be hired to do bargaining unit work by the department while any regular employees are in lay -off status 3583 Employees rehired from the lay -off list shall not suffer any loss of seniority or benefits as a result of lay -off, but shall not accrue seniority, wages, or benefits during lay -off. 3584 The lay -off or recall from lay -off procedures set forth above will be administered in a manner that does not unfairly discriminate against any individual employee. ARTICLE 36 PROMOTION 361 Procedure - Should a position vacancy occur, as determined by the City, the City shall be required to consider, but not necessarily select, candidates for promotion from within the bargaining unit before selecting employees from outside the bargaining unit. In any event, the City may select the applicant who, in the City's opinion, is the best qualified for any position opening in the bargaining unit, or from any source whatsoever Vacancies will be posted internally for no less than fifteen (15) calendar days. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 3992012 through December 31, X 2013 Page 48 of 52 DRAFT 36 1.2 A bargaining unit employee who is promoted shall be placed at the closest step in the new range that provides at least a five percent (5 %) increase in salary and does not exceed the maximum of the pay range 36 13 The promotional probationary period shall be six (6) months 36 2 Failure to Complete Probation - The promotional probationary employee who fails to successfully complete probation shall be demoted to the lower position from which he /she was promoted. Such determination shall be made at the sole discretion of the City and the reasons shall not necessarily constitute just cause ARTICLE 37 EMPLOYMENT GUIDELINES 37 1 General Guidelines for Employment 37 1.1 Non - discrimination - The City shall not discriminate against any City employee or any applicant for employment on the basis of race, religion, color, national origin, gender, age, sexual orientation or disability 37 12 Basis of Employment — All employment with the City shall be based on merit, knowledge, skill, ability qualification and moral fitness as evidenced by 37 12 1 Education, training and experience as reflected by the application form resume' and other documentation of certification, registration, etc 37 12 2 Written and/or performance tests (when applicable) 38 12 3 After a conditional offer of employment is made, pre - employment physical and drug testing (if applicable to the position) shall be required to determine whether the individual can effectively perform the essential functions and responsibilities of the position for which they are being considered with or without reasonable accommodation Such physical examination shall be performed by a city - designated physician and laboratory and paid for by the City 38 12 4 Background investigation including criminal history, credential/degree venfication and reference checks as allowed by law 37 2 Nepotism 37 2 1 Immediate Family Members - It is the City's policy that immediate family members of City employees will not be hired if. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 3989 2012 through December 31, Page 49 of 52 DRAFT 37.2.1.1 One member would have the authority or be in a position to supervise, hire, remove or discipline the other; or 37.2 1.2 One member would be responsible for auditing or evaluating the work of the other, or 37 2.1.3 Other circumstances exist, which would place the relatives in a situation of actual or reasonably foreseeable conflict between the City's interest and their own 3722 No Preference for Family Members - The City conducts open and competitive luring processes Preference will not be given to candidates who are immediate family members 3723 Immediate family for purposes of this Article shall be defined as Spouse, child, brother, sister, parents, grandparents, step relations, in -laws, dependents and anyone residing in the employee's household 3724 Relationship Occurring During Employment — When a relationship, as defined under immediate family in this Article occurs during employment, the two (2) affected employees may remain in their current positions provided they are not in conflict with the restrictions identified in this Article. If a conflict is created by the relationship, the City will attempt to arrange a transfer or change in position. If a suitable transfer /change in position is not available, one of the employees will be separated from City service Every attempt will be made to effect transfer or separation on the basis of agreement between the employees involved and the City. If a mutual agreement is unattainable, the Mayor will determine, in the City's best interest, the employee to be transferred or separated. 37.3 Vacancy Announcements - The City shall post announcement notices of position vacancies in the local newspaper, on City internal and external web sites, in all City departments and an electronic copy to the Union on the date the position is posted on the City's web sites. 374 Examinations or Testing - Appointments shall be made according to skill, ability, qualification, ment and fitness, which shall be ascertained by examinations conducted under the guidance of the Human Resources division. 37.4 1 Examinations may be assembled or non - assembled, and may include written, oral, physical tests, performance tests, interviews, ratings, training, experience, computer -based examinations, criteria rating forms, or any combination of these 37.5 Promotions COLLECTIVE AGREEMENT City of Bremerton and Teamsters #589 January 1, 4OW 2012 through December 31, 244 2013 Page 50 of 52 DRAFT 37.5 1 The City shall make a reasonable effort to offer promotional opportunities to current employees when possible 37.52 Promotional postings shall be placed on the City's internal web site and copies sent to all departments for posting on the Union bulletin boards, to the Union and shop stewards 3753 Current bargaining unit employees who successfully complete the examination/testing process for promotion will have seven and one half percent (7 5 %) of their PASSING score added to their final score 3754 Human Resources will develop a policy for rating candidates for promotional opportunities 3755 If the Department Director in the department where a vacancy exists proposes to fill such position through the promotional process, he /she shall have the sole discretion to determine whether or not to consider transfer requests for the position from other bargaining unit employees in the same classification as the position vacancy Such decision will be included in the promotional announcement AR TICLE 3 8 UNION BULLETIN ETIN BOARD 38 2Umea Bulletin Beards shall be used �`� iyel �_ b usiness. seeial events job postings-- -titheF relitte is'r"a'titi busin3 ss. T+ shall be El'S�@Ti9i of t s s4ew ards t .,, nit,,.. the bulleti t..,., tee a tL.e.. ARTICLE 39 OTHER ISSUES RELATING TO CONVERSION FROM CIVIL SERVICE The City and the Union agree that any issue that arises in relation to the conversion from Civil Service until a successor contract is ratified by both parties, shall be addressed in Joint Labor Management Committee meetings ARTICLE 40 TERM This Agreement will become effective upon January 1, 2009 - 2012 and will remain in effect through December 31, 20442013 All requests to amend, modify or terminate this Agreement will require either party to file written notice upon the other at least one hundred eighty (180) days prior to December 31, 201.0 COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January I, 1 909 2012 through December 31, 244 2013 Page 51 of 52 DRAFT This agreement is hereby submitted to the Bremerton City Council by the City representative and the Union representative for the Council's consideration and approval. Upon approval, this agreement will become binding upon the City, the Union and all of the employees in the bargaining unit covered by this agreement APPROVED by the Bremerton City Council on the 4th day of Mafe i-- _August 2099 - 2012 . Signed this day of , 2W92012 FOR THE CITY OF BREMERTON FOR GENERAL TEAMSTERS LOCAL UNION #589: I CaFel- S. Cenley Charlotte Belmore Kenneth -� John Witte Human Resources Manager Business Representative By Approved as to Form: Honorable Ca-i3= -10 Pa Lent, Mayor Attest: Roger Lubovich, City Attorney C-aa gen hannon Corin City Clerk COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1,4009-2012 through December 3l, 2 42013 Page 52 of 52 APPENDIX A TEAMSTERS 2012 - 2013 EFFECTIVE JANUARY 1. 2012 THROUGH DECEMBER 31, 2013 0% COLA 12 Mos 12 Mos 12 Mos 12 Mos 12 Mos 12 Mos Hours Worked Per Year 2088 Step A Step B Step C Step D Stec E _ Step F Stec G • Annual 32,970 3 34,661 35,6 36,5 37,521 38,503 Parks Laborer Monthly 2,748 2,821 2,688 2,96_7 3,049 _ 3,12 3,2 Semi-Monthly 1,374 1,411 1,444 1,484 __ 1,525 1,56_4 1,605 Hourly _15 79 1621 1660 1705 1752 1797 1844 OT Hourly 2369 2432 2490 255 2628 26 96 2_7 66 +Longevity Base +1 % 15_95 1637 1677 1722 17_70 18 15 1 B +2% ­ 1 6 1 611 1653 16_9 1 1787 _ __ 18 33_ _ 1881 Base +3% 1626 1670 17 1756 1805 1851 1899 Base +4% 1642 1686 1726 1773 1822 18 69 1918 • _Annual _ 34,661 35,60_0 36,582 _37,521 38,503 39,505 4 ,0111_ce A l Mo nthly 2,88 2, 3,049 3,1 __3,20 ; 3,2 3,3 Semi - Monthly 1,444 1,484 1,525 1,564 1,605 _ 1,646 1,692 - ,Hourly 1660 17_05 1752 1797 1844 1892 1945 O Ho 2490 ­ 25 58 2628 _ 2 696 27 2838 2_918 +Longevdy . B_ase +1 % 1 17_22 17 - 1815_ ­ 1862 _ 1911 ­ 19 6 4 B ase +2% 1693 1739 1 1 ` 1881 8_1 __ 19_3 1984 B ase +3% 1710 175_6 18 05_ 1_8 51 1899 __ 19_49_ _2 03 Base +4 % 1726 1773 1822 1869 1918 1968 2023 • _Ann _ 36 ` 37,52 3_ 39, 4 4 4 Office Ass 11 _ _'Mon _ __3,049 3,1 3, 3,29_2 3,38 3,47_1 3,56_7 Semi - Monthly _ 1,525 1,564 1,60 1,6_46 _1,692 - 1,736 1,78_4 Hourly _ _ 1752 1797 1844 1892 19 45 19 95 2050 _OT H 2628 26 96 27 6 2838 2918 29 93_ 30 75 _ +Longevity _ Base +1 % 1770 1815 18 62 ' _ _1911_ 19 2015 _ 2071 Bas +2 1 _ 1 8 3 3 18 81 19 30 1 98 4 2_0 35 2 0 9 1 _ - - - -- _ - B ase +3% 18 05 18_51 - 1899 - _ -- 19_49_ 2 003 - 2055 21 12 Base +4% 1822 1869 1918 19 68 2023 20 75 . 2132 • Annual 38,503 39,50_5 4 0, 6 12 4 1,65_6 4 43,91 ^ 45,08 Cus S Repn3sent M ont h ly _ _3,20 _3,2 3,38_4 3,471 3,567 3, 3,757 Evidence Prop Co S pec - S Monthly 1,605 1,646 1,692 1,736 1,784_ 1,830 1,879 Office Assistant III ' Hourly ____ _ 1844 1892 1945 1995 2050 2103 2159 - - -- -- - - -- -- -- - - - -- - -- - - - - - - - - - -- - -- - - Police Records Specialist I OT Hourly_ 2766 2 2 __ 29 31 5 5 3 3 9 'Base +1 % 18 62 1911 19 64 - -- �- -- f 2015 ; -- - 3075 - 2071 , 2124 2181 Base +2% 18 81 1930 19 84 20 35 i 20 91 2145 2202 B ase +3 1899 19 , 2 003 2_0_5 21 12 , 2 2_2_24 - - - Base +4% 1918 1968 20 23 20 75 2132 2187 ,--- 2245 • An 4_0,61 41 ,656 42,804 __4_3_, ,__45,080_' _46, _4 ti ' Accoun g Ass istant 1 1 _ + Month ly µ 3,384 - 3,471 _ 3,5 3,659 3,757 ' 3,6 ' 3,9 Autom Tec Assbstan _ 'Semi- Monthly 1, , 1,736, 1,784 ; 1,879 _ 1,932 1,983 Lea Eviden Pr C_ont Spec ,Hourly _ __ 19 45 1995 20 50 2103 1-2 2220 _ 22 79 gal Le Tec hnicia n - O H 2918 = 2993 _ 3075 _ 31 55 , 323 ; 3330 _ 341 O As Senior i B ase_ +1 % 19 64 20 2_0 71 21 2181 4 2302 Recre Prog Coo I _ Ba se +2 % ­ 119 84 __2 20 91 214 _22 0 21 22 64 2325 'Human Resources Assistant _ Base +3% 2003 2 0 5 5 21 21 66 22 24 _2 87 23 -- -- - -- - --- T - - - -- 'Base +4% 20 23 20 75 2132 2187 2245 2309 2370 APPENDIX A TEAMSTERS 2012 - 2013 EFFECTIVE JANUARY 1, 2012 THROUGH DECEMBER 31, 2013 0% COLA 12 Mos. 12 Mos 12 Mos 12 Mos. 12 Mos 12 Mos Hours Worked Per Year 2088 Step A Step B Step C Step D Step E Step F Step G . - • Annu 42,804 43,911 45,080 46,354 47,586 48,838 50,237 Accounting Assistant 111 Monthly 3,567 3,659 _ 3,757 3,863 3,966 4,0 4,186 Police Records Specialist 11 SernWonthly 1 1,830 1,879 1,932 1,983 2,035 2,093 Water Resources_ Assistant Hourly 2050 2103 2159 2220 2279 2339 2406 OT Hourly 3075 3155 ­ 3239 3330 3419 3509 3609 _Base +1% 2071 _21 24 2181 2242 2302 2362 2430 Base +2% 20 21 45 _ 2202 2264 2325 23_86 24_54 Base +3% 2112 2166 2224 2287 2347 2409 2478 Base +4% 2132 2187 2245 2309 2370 2433 2502 • Annual 4 46,354 47,586 48,83_8 50,237 51,657_ 5 Accou Assistant Seni r Monthly 3,757 r 3,863 3,966 4,070_ 4,18_6 _ 4, 4,4 Office _ A S Specialist Semi - Monthly 1,879 1,932 1,983 2,035 2,093 2,153 2,210 Parks Service Specialist 'Hourly 2159 2220 2279 2339 2406 2474 2540 Payroll_cr Spealist OT H 3239 ' 3330 3419 3509 3 3711 3810 Project As Base +1 % 2 2242 2302 23_62 2430 2499 2565 Web Support Spewalist Base +2 2202 2264 2325 2386 2454 2 2591 W WT_ P Maintenance Trainee Base +3% _22 2_4 2287 2347 2409 2478 ­ 2548 _ 2616 Base +4% 2245 2309 2 370 2 433 25 02 25 73 2642 • Annual 47,586 48,838 - 50,237 51,657 53,0_35 5_ 56,042 Building & Dev_Spec I Monthly 3,966 4,070 4,186 4,3_05 4, T 4,548 4,670 Er gmeenng Technici 11 Semi- Monthly 1,983 , 2,035 2,093 2,153 2,210 2,274 2,335 Facilities Service Specialist ! Hourly 2279 2339 2406 2474 25 40 2614 2684 Permit T e chni cian _ OT Hourly 3419 3509 3609 3711 3_810 3 4026 Recreation Prog Coord II Base +1 % 2302 2362 2430 2499 25_65 2640 27_ 11 Sign Shop Service Specialist Base +2% 2325 238 2454 2523 25 26 2738 ' Str_eet_Se S peua_hst Base +3% 2347 2409 2478 2548 2616 2692 2765 U_blibes Se Specialist Base +4% 2370 24 33 2502 2573 2642 2719 2791 Water Op - - - -- - - - -- -- -- - - - -- -- -- - - - - -- - - -- - WWTP Operator Trainee • A 5 51,657 53,035 54,580 5 6, 0 42 5 59,132 Court Securi H me Detention Spec Monthly 4,186 4,305 4,420 4,54 _ 4,670 4,7 4, Deputy City Cl - Semi- Monthly 2,093 , 2,153 2,210 2,274 2,335 2,396 ; 2,464 Forestry Service Spec Senior - !Hourly 2406 2474 2540 2614 2684 2754 2832 P arks Ser Spee Senior _ H ourly 36 3 3810 39 40_2 4131 4 248 Probation O Base +1% 2430 2499 2565 2 6_40 2711 2782 2860 Recrea P ing Coord III Base +2 2 454 _ 2523 2591 2 666 2738 28 2889 Warr S er v er Base + 24_78 25 2 616 2 6_9_2 _27_65 _ 2 837 _2917 WWTP Maintenan Te chnician Base +4% 2502 2573 --- 2642 - 2719 2791 T 2864 2945 • A _53,035 54,580 5_6,042 5 59,13_2 60,803 f 62,389 ;Auto Equip T Mon 4, ' 4, 4,67 _ 0 4,792 _4,9_28 _ 5,067 i 5, E Technician III 'Semi- Monthly 2 2,274_ _ 2,335 2,396 2,4_64 2,534 2 ,600 Fa cilrtie s_S er i ce S_pec Sr Hourly 2540 2614 2684 2754 2832 ^ 2912 2988 PC Te ch n ician OT Hourly_ 3810 39 _ 40 26 4131 4 248 4 4482 Sign Shop Service Spec_Sr Base +� % 2 6 5 26 40 _ 2711 _ 27 8_2 ---2 29 41 30 Stree S erv i ce Spec Sr Base +2% 25_91 26 6 6_ 273 2809 28 89 29_70 30 48 Utiliti S Sr B ase +3% 26 16 26 92 27 28 F 2_917 ­ 2 9 99 30 7_8 Wate Ope S Base +4% 26 42 2719 2791 2864 2945 3028 3108 WWTP Lab Technician -- -- -- - - - - - - -- - -- - -- -- - -- - - - - APPENDIX A TEAMSTERS 2012 - 2013 EFFECTIVE JANUARY 1, 2012 THROUGH DECEMBER 31, 2013 0% COLA 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos 12 Mos Hours Worked Per Year 2088 Step A Step B Step C Step D Step E Step F Step G Annual 56,042 57,504 59,132 60 62,389 64,122 66,002 Accountant Monthly _ 4,67_0 4,792 _ 4,928 5,067 5,199 5,344 5,500 Bu & Dev Spec 11 Semi - Monthly 2,335 2,396 2,464 2,534 2,600 2,672 2,750 Community_Relabons & Info Spec Hourly _ 2684 2754 2832 2912 2988 3071 3161 Legal Techn Senior OT Hourly 40 26 41 _ 31 42 48 43 68 44 82 46 07 4742 Planner I _Base + % 27_11 27 2 860 2 3018 3102 3193 W_ W_ T_P O_ pastor 1 - Base +2% 27_3_8 - - -- 2809, 28 89 ; 2970 3 04_8 3 13 2 32_24 Base +3% 2765 28_37 2917 2999 3078 3163 3256 Base +4% 2791 2864 2945 3028 3108 3194 3287 Annual 5 60,803 62,389 64,122 66,002 6 69,760 _Applic Analyst Monthly 4,92_8 5,067 _ 5,19 _ 5,344 _ 5,500 5,648 5,813 A Network Ad_mm Semi- Monthly 2,464 2 2,600 2,672 2,750 2,824 2,907 Custome Se r vic e/PC Tech_ Hourly 2832 2912 2988 3071 3161 3246 3341 Electronics Technicia OT Hourly 4248 4368 4482 4607 4742 4869 5012 Engir!"nng Technician IV _Base +1 % 2860 2941 3018 3102 3193 3278 3 374 Environme Technician Base +2% 2889 2970 3048 3132 3224 3311 3408 Joumey_Level Electncian Base +3% 2917 299 3078 3163 3256 3343 3441 Lead A Eq urp_Tech_ Base +4% 2945 3028 3108 3194 3287 3376 3475 L F acilities Servic Spec - Lead PC Techn Le Uti lities Service Spec - - - Lead Water Operator Park Fa S pecialist P Lead S erv i ce Specialist _ Utilities_ A or TP C W Technician • Annual 62,3 64,122 6_6,002 67,776 69,760, 71,765 73,748 B kDev Spec III _Mo 5,199 5,344 _ 5,5 5,648 5,813 5,98_0 _ 6,146 Civil _Engineer I _ _ Semi- Monthly 2,600 2,672 2,750 , 2,824 2,907 2,990 3,073 C od_e_En forcem en t Officer t Hourly 29 88 30 71 3161 3246 3341 3437 3532 Cross Connec Cont S_ pec _ OT Hou 4 82 4607 4742 4869 501 5156 5298 Plann 11 � ^ B +1 301 310 31 93 3278 33 _ 34_71 3567 _ -B +2% 30_48 31_32 3_2_24 3311 _34_08 35 06_ 36_0 _ Base +3% 3078 3163 3256 3343 _ 3441, 3540 3 638 - _ - - - _ - -- - - Base +4% 3108 3194 j 32 87 , 3376 3475 3574 3673 Annual 6 6,0 0 2 67,776 6_9,760 71,7 _7_3,748 75,8_36 77 ,92_4 Auto Equip Te S upvr _ _M 5,500 5, 5,8 5,980 6,146 6,320 6,494 E_lec_t _ Sem M onthly 2,750 2,824 2,907 2,990 3,073 3,160 3,247 Fac ilities Inventory Supvr Hourly 3161 3246 3341 3437 3532 3632 3732 Netw Administrato OT Hourly 474 486 5012 51 52 98 5_4_48 55_98 Par Ma int en ance Su pvr Base _ + % 31 _ 3278 3374 34_ 71 3567 366_8 376 S /S Col Supervisor Base +2% 3224 3311 3408 3506 36 3705 3807 Sign Shop Sery Spec Supervisor_ Ba se + 3256 3343 3441 3540 3638 3741 3844 Str S e_rvice_Spec Supervisor Base +4% 3287 3376 3475 3574 3673 3777 3881 U tilities Service _S S upervisor v- -` - - _ - _ A _ _ - - - Wate D Su pervisor Water Resourc Operatio Supvr WWTP Maintenance Supvr _ -- WWTP Operations Supervisor APPENDIX A TEAMSTERS 2012 - 2013 EFFECTIVE JANUARY 1, 2012 THROUGH DECEMBER 31, 2013 0% COLA 12 Mos 12 Mos. 12 Mos. 12 Mos 12 Mos 12 Mos Hours Worked Per Year 2088 Stan A Sten B _ Step C Step D Step E Step F Stec G Annual 69,76 71,765 73,748 75,836 77,9_24 8 8 Civil E ngineer II Monthly 5,813 5,980 6,146 6,320 6,494 6,676 6,857 Engmeenng Technician Senior Semi- Monthly 2,907 2,990 3,073 --3,160- 3,247 3,338 3,429 For_es_Vy Service S_ pec Supervisor , Hourly 3341 -3437 3532 3632 3732 3837 3941 - OT H ourly 5012 51 56 ' 52 98 , 54_ 55 98 5756 5912 Base +1 % 337 3471 35_67 3668 3769 387 80 3_9 - Base - +2% 34 08 ­ 35 _06 36_ 3 7_05 _3 3 40 2 0 8 07 _ Bas + 3% 3441 3540 3638 3741 3844 3952 52 40 59 Base +4% 3475 3574 3673 3777 3881 39 90 , 4099 • An 73,748 75,836 77,924 80,117 82,288 ; 8 4,3 9 7 ` 8_6,527 Civil Engineer III ,Monthly 6,146 6,320 6,494 _6,67_6__ _ 6,857 __ 7,0 7,21 Semi- Monthly 3,073 3,160 3,247 3,338 3,429 3,517 3,606 t Hourly 3532 3632 3732 3837 3941 4042 4144 OT Hourly 5298 _ 544_8 5598 5756 5912 60 _ 6216 Base +1 % _ 3567 3668 3769 3875 3980 4082 4185 Base +2% 36_03 3705 38_07 3914 4020 4123 4227 Base +3% 3638 3741 3844 3952 4059 4163 4268 Base +4% 3673 3777 3881 3990 4099 4204 4310 APPENDIX "B" Classification Series For use in the administration of a Reduction in Force (Lay -Offs) ACCOUNTING/FINANCIAL (Citywide) *Accountant Accounting Assistant Senior Accounting Assistant III Accounting Assistant II *Accounting Assistant I ** *Utility Accounts Supervisor ** *Payroll Specialist CITY CLERK ***Deputy City Clerk COMMUNITY DEVELOPMENT Building & Development Specialist III Building & Development Specialist II Building & Development Specialist I ***Code Enforcement Officer Planner II Planner I ELECTRONICS *Electronics Supervisor Electronics Technician Journey Level Electrician *Maintenance Electrician ENGINEERING Civil Engineer III Civil Engineer II Civil Engineer I Engineering Technician Senior Engineering Technician IV * Indicates an inactive classification series Oob classification exists but not in current budget) ** Indicates some incumbents are covered by Civil Service Rule * ** Stand alone position APPENDIX "B" Classification Series ENGINEERING (CONTINUED) Engineering Technician III *Engineering Technician II *Engineering Technician I * * * Pemut Technician ** *Project Assistant FACILITIES Facilities/Inventory Supervisor Facilities Service Specialist Lead Facilities Service Specialist Senior Facilities Service Specialist EQUIPMENT SERVICES Automotive Equipment Technician Supervisor *Automotive Equipment Technician Lead Automotive Equipment Technician Automotive Technician Assistant FORESTRY Forestry Service Specialist Supervisor *Forestry Service Specialist Lead Forestry Service Specialist Senior *Forestry Service Specialist INFORMATION TECHNOLOGY Network Administrator *Assistant Network Administrator Application Support Specialist Lead PC Technician *PC Technician *Computer Service/PC Technician *Computer Programmer Senior *Computer Programmer * & * * * Computer Operator - Utility ***Web Support Specialist * Indicates an inactive classification series Oob classification exists but not m current budget) ** Indicates some incumbents are covered by Civil Service Rule * ** Stand alone position APPENDIX "B" Classification Series MUNICIPAL COURT Legal Technician Senior Legal Technician * "Probation Probation Officer OFFICE /CLERICAL (City -wide) *Office Supervisor Office Assistant Senior Specialist Office Assistant Senior Office Assistant III Customer Service Representative Office Assistant II Office Assistant I * * * Human Resources Assistant PARKS Parks Maintenance Supervisor *Parks Service Specialist Lead Parks Service Specialist Senior Parks Service Specialist Parks Laborer * & ***Parks Facilities Specialist * & * * * Cemetery Caretaker POLICE Police Records Specialist II *Police Records Specialist I Evidence/Property Control Specialist Lead Evidence/Property Control Specialist ** *Court Y eme Secure /Detention Specialist * * * Warrant Officer (Server) ** *Community Relations and Information Specialist *Animal Control Officer * Indicates an mactive classification series Oob classification exists but not in current budget) ** Indicates some incumbents are covered by Civil Service Rule * * * Stand alone position APPENDIX "B" Classification Series RECREATION Recreation Program Coordinator III Recreation Program Coordinator II Recreation Program Coordinator I *Aquatics Supervisor *Recreation Supervisor SIGN SHOP *Sign Shop Service Specialist Supervisor *Sign Shop Service Specialist Lead Sign Shop Service Specialist Senior *Sign Shop Service Specialist STREET Street Service Specialist Supervisor *Street Service Specialist Lead Street Service Specialist Senior Street Service Specialist UTILITIES (Sanitary & Storm Collection) Sewer /Storm Collection Supervisor Utilities Service Specialist Lead Utilities Service Specialist Senior Utilities Service Specialist WASTEWATER TREATMENT PLANT (WWTP) - MAINTENANCE WWTP Maintenance Supervisor WWTP CMMS Technician WWTP Maintenance Technician WWTP Maintenance Technician Trainee WASTEWATER TREATMENT PLANT —OPERATIONS WWTP Operations Supervisor WWTP Operator II * Indicates an mactive classification series Oob classification exists but not in current budget) ** Indicates some incumbents are covered by Civil Service Rule * ** Stand alone position APPENDIX "B" Classification Series WWTP Operator I * —WWTP Operator Trainee * * * WWTP Lab Technician WATER RESOURCES — OPERATIONS Water Resources Operations Supervisor Water Operator Lead Water Operator Senior Water Operator ** *Environmental Technician * * * Water Resources Assistant WATER DISTRIBUTION Water Distribution Supervisor Lead Water Distribution Service Specialist Utilities Service Specialist Senior Utilities Service Specialist ***Cross Connection Control Specialist ***Utilities Customer Service Representative INDIVIDUAL JOB CLASSIFICATIONS *Project Coordinator * "Probation Officer (Municipal Court) ** *Project Assistant (Engineering & Economic Development) * Indicates an machve classification series 0ob classification exists but not in current budget) ** Indicates some incumbents are covered by Civil Service Rule * ** Stand alone position AGENDA BILL CITY OF BREMERTON CITY COUNCIL 7A .. ....................................................... ............................... 0r J1VWJ lCp_ No. 5 1 S SUBJECT: Public hearing on an ordinance Study Session Date July 11 & 25, 2012 adopting the South Kitsap Industrial Area COUNCIL MEETING Date August 1, 2012 (SKIA) Subarea Plan as part of the Department DCD Comprehensive Plan and amending BMC Presenter Doug McIntyre Chapter 20 80 to activate the development Phone 360 473 5845 regulations SUMMARY: The action before the Council is to conduct a public hearing and consider amendments to the Bremerton Municipal Code and Comprehensive Plan to incorporate the South Kitsap Industrial Area (SKIA) Subarea Plan The purpose of the Subarea Plan is to establish a development plan for the project area and create regulations to guide development, consistent with the Bremerton Comprehensive Plan SKIA, located in southwest Bremerton, comprises approximately 3,700 acres planned for industrial development and use A draft Subarea Plan has been prepared to guide the expected development in SKIA for the next twenty years, emphasizing economic development, fob creation, protection of natural systems, reductions in greenhouse gas emissions, more sustainable development patterns and buildings, and development of innovative and sustainable infrastructure ATTACHMENTS: 1) Proposed Ordinance �o • 5 8 8 Exhibit A) Planning Commission Findings and Conclusions for SKIA Subarea Plan Exhibit B) SKIA Subarea Plan (in notebook) FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: r Move to pass Ordinance No 5l 8 g to amend the Comprehensive Plan to include the SKIA Subarea Plan and amend BMC 20 80 to activate the development regulations detailed in the Plan STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business Xpublic Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 ORDINANCE NO. l � $ * AN ORDINANCE of the City Council of the City of Bremerton, Washington, adopting the SKIA Subarea Plan, amending the Comprehensive Plan by adding the SKIA Subarea Plan, and amending the Zoning Code Section 20 80 080(a) to activate the development standards contained within the plan WHEREAS, the Washington State Growth Management Act authorizes the preparation of subarea plans; and WHEREAS, the City of Bremerton has adopted a comprehensive plan under the provisions of Chapter 36 70A RCW that includes policies for the creation of subarea plans, and WHEREAS, pursuant to RCW 36 70A 130(2)(a)(t), the City may amend the Comprehensive Plan more frequently than once per year under certain circumstances, including the initial adoption of a subarea plan, and WHEREAS, the City passed Ordinance No 5062 designating the SKIA Manufacturing/Industrial Center (MIC) in the Comprehensive Plan as part of the 2008 docket of amendments to the Comprehensive Plan, and WHEREAS, SKIA is designated as one of eight Manufacturing/Industrial Centers in the Puget Sound Regional Council's (PSRC) Vision 2040 regional growth strategy, and WHEREAS, SKIA will retain a different urban form than Bremerton's current regional or district centers, particularly due to the expected industrial development to occur in the next 20 years, and WHEREAS, the Comprehensive Plan encourages a subarea plan to be prepared for designated centers, which must involve the community in its preparation, be consistent with Comprehensive Plan goals and policies, and contain development standards and design guidelines, and WHEREAS, the City has undertaken an extensive public participation process by conducting advisory group meetings, workshops, and public open houses between November 2010 and June 2012 to discuss the SKIA Subarea Plan, gather public input, and guide the development of the Plan, and WHEREAS, pursuant to RCW 36 70 547 the City formally consulted with the Washington State Department of Transportation (WSDOT) Aviation Division in the development of the Subarea Plan, and WHEREAS, the draft SKIA Subarea Plan was made available for public review and comment on March 29, 2012, and 1 SKIA Subarea Plan WHEREAS, pursuant to RCW 36.70A.106 the Washington State Department of Commerce was provided the 60 -day notification on March 29, 2012 of amendments to the Comprehensive Plan and development regulations as a result of the Subarea Plan adoption and the submittal was assigned "Material ID # 17953 "; and WHEREAS, the Planning Commission conducted a workshop to discuss the proposed Subarea Plan and development regulations at its regular meeting on April 17, 2012, and WHEREAS, a legal advertisement was placed in the Kitsap Sun on June 9, 2012 notifying the public of the opportunity to provide testimony at the Planning Commission public hearing, and WHEREAS, on June 19, 2012 the Planning Commission held a public hearing on the proposed SKIA Subarea Plan and development regulations, considered public comment, and made a recommendation of approval for the City Council's consideration; and WHEREAS, on September 29, 2010 a Determination of Significance and Scope of Work for the SKIA Planned Action Environmental Impact Statement (EIS) notice was issued to comply with the requirements of the State Environmental Policy Act (SEPA), and WHEREAS, on June 9, 2011 a Draft EIS was issued and comments were accepted through July 21, 2011, and WHEREAS, after consideration of public comment a Final EIS was issued on March 29, 2012, and ' WHEREAS, the Comprehensive Plan amendment to include the SKIA Subarea Plan meets the decision criteria outlined in BMC 20 10 080(b)(1) through (5) It is consistent with the Growth Management Act, it is consistent with the Comprehensive Plan vision for the site and other goals and policies of the City, the Plan is compatible with the current development patterns, the Plan does not adversely affect the City's ability to provide urban services at the planned level of service, and bears a reasonable relationship to benefittmg the public health, safety and welfare, and WHEREAS, the Zoning Code amendment to activate the development standards contained within the SKIA Subarea Plan meets the decision criteria outlined in BMC 20 18 020 (d), as the Plan is consistent with the Comprehensive Plan and does not conflict with other City, state and federal codes, regulations and ordinances, and WHEREAS, a legal advertisement was placed in the Kitsap Sun on July 21, 2012 notifying the public of the opportunity to provide testimony at the City Council public hearing, and 2 SKIA Subarea Plan WHEREAS, on August 1, 2012 the City Council conducted a public hearing so that the public had further opportunity to comment on the Subarea Plan and development regulations, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. The City Council accepts and adopts the Findings and,Conclusions of the Planning Commission as presented in Exhibit A, attached hereto and incorporated by this reference as if set forth in full herein. SECTION 2. The Comprehensive Plan is amended by the addition of the SKIA Subarea Plan as presented in Exhibit B, attached hereto and incorporated by this reference as if set forth in full herein SECTION 3. Section 20 80 080 of the Bremerton Municipal Code entitled "Subarea Plans" is hereby amended to read as follows 20.80.080 SUBAREA PLANS. The following are subarea planning areas where subarea plans and unique development regulations may be created for each (a) Bay Vista Subarea Plan (adopted by Ordinance No 5077), (b) East Park Subarea Plan (adopted by Ordinance No 4962), (c) Wheaton - Riddell Subarea Plan (adopted by Ordinance No. 5025), (d) Downtown Regional Center Subarea Plan (adopted by Ordinance No 5034), (e) Manette Subarea Plan (adopted by Ordinance No 5082), (f) Harrison Employment Center; (g) Port Blakely Employment Center, (h) SKIA Subarea Plan (adopted by Ordinance No ) The subarea planning areas listed above having adopted subarea plans are identified with the corresponding adopting ordinance number This ordinance will contain the unique regulations and standards that guide development for that subarea planning area Subsequent amendment to adopted subarea plans need not be identified in this Section by the amending ordinance number SECTION 4. Severabilyy If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTIONS. Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law 3 SKIA Subarea Plan PASSED by the Clay Council the day of , 2012 JIM MCDONALD, Council President Approved this day of , 2012 PATTY LENT, Mayor ATTEST. APPROVED AS TO FORM. SHANNON CORIN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of 9 2012 EFFECTIVE the day of , 2012 ORDINANCE NO R \Legal \Legal \Ordinances \Community Development\SKIA Subarea Plan doc 4 SKIA Subarea Plan EXHIBIT A FINDINGS AND CONCLUSIONS OF THE CITY OF BREMERTON PLANNING COMMISSION Summary — Proposal to include the South Kitsap Industrial Area (SKIA) Subarea Plan in the Comprehensive Plan and Zoning Code by amendment. The Zoning Code will add reference in BMC 20.80.080 to activate the SKIA Subarea Plan as development regulations for the South Kitsap Industrial Area. I. FINDINGS OF FACT 1.0 Project Description The SKIA Subarea covers an approximately 3,700 acre area in the southwestern portion of the City of Bremerton. The Subarea Plan includes two primary components: 1) an amendment to the 2004 Bremerton Comprehensive Plan and to the Zoning Code, BMC Title 20, adding the SKIA Subarea Plan to both and, 2) development regulations for SKIA that will function as zoning upon Plan adoption. The SKIA Manufacturing/Industrial Center (MIC) was designated in the City's Comprehensive Plan in the 2008 amendment of the Comprehensive Plan, per Ordinance 5062. SKIA is also designated as one of eight Manufacturing/lndustrial Centers in the PSRC Vision 2040 regional growth strategy. SKIA will retain a different urban form than Bremerton's current regional or district centers, particularly due to the expected industrial development to occur in the next 20 years. Following SKIA annexations, the Industrial Zoning requirements were applied to the entire area as an interim 'stopgap' zoning scenario. In 2010 the City obtained a grant from the EPA under its "Climate Showcase Communities" program, which funded work on a SKIA Subarea Plan to ensure that future development of the subarea is coordinated, well- designed, and meets sustainable development goals, while still meeting the goals of the MIC to accommodate intensive manufacturing and industrial development. The SKIA Subarea Plan is a detailed planning document that fits within the framework of the Comprehensive Plan. The Subarea Plan fits within the growth projections of the Comprehensive Plan and implements its "Centers" concept. 2.0 Procedural History A public participation process for the SKIA Subarea Plan has been ongoing since the Fall of 2010. The Subarea Plan includes documentation of the public participation process (parts of Section A and Section B). Three public open houses and a wide range of stakeholder meetings were held over the course of the planning process. Additionally the Plan was presented and discussed at a Planning Commission Workshop on April 17, 2012. Extensive community input is integrated throughout the plan, meeting and exceeding requirements 1 of 7 w w • w EXHIBIT A summary of meetings, workshops, and open houses held is listed below. Technical Working Group (TWG) Meetings The TWG is an advisory group comprising senior technical staff from each of the regional jurisdictions, Port of Bremerton, SKIA property owners, Suquamish Tribe, Port Gamble /S'Klallam Tribe, South Kitsap Economic Development Alliance, Sustainable Bremerton, Kitsap Regional Coordinating Council, Hood Canal Coordinating Council, and the Puget Sound Naval Shipyard /Naval Base Kitsap. 2.1 November 9, 2010 2.2 April 28, 2011 Executive Committee (EC) Meetings The EC comprises elected and appointed officials from the following organizations Bremerton City Council, Bremerton Planning Commission, Port of Bremerton Port Commission, Kitsap County, Puget Sound Naval Shipyard, Suquamish Tribal Council, Port Orchard City Council, and Naval Base Kitsap. 2.3 December 9, 2010 2.4 May 5, 2011 Joint TWG and EC Meetings 2.6 June 16, 2011 2.6 July 25, 2011 2.7 March 28, 2012 2.8 April 10, 2012 (Developer's Forum) Public Open Houses 2.9 October 10, 2010 2.10 June 16, 2011 2.11 May 7, 2012 Planning Commission 2.12 Public Workshop — August 17, 2010 (Overview of grant and process) 2.13 Public Workshop —Apnl 17, 2012 (Overview of Draft Subarea Plan) 2.14 Planning Commission Public Hearing —June 19, 2012 Notice Notice for all open houses, workshops and hearings was publicized widely in a range of outlets including advertisement in the Kitsap Sun, City of Bremerton website and direct mailings. Direct mailing to persons with property in proximity to or within the SKIA Subarea was the primary method for notification of public meetings. A record of contacts for all persons participating in any of the meetings was maintained- 2 of 7 EXHIBIT A 3.0 Public Comment at Public Hearing Numerous individuals, groups, and agencies provided comments at public workshops, community meetings, and via comment cards and letters. Comments received were considered and used to develop the draft plan that is prepared for Planning Commission Review A general summary of public participation is found in Section A of the SKIA Subarea Plan. Individuals providing verbal testimony at the Planning Commission Public Hearing are listed below 3.1 Fred Salisbury, Port of Bremerton, 8850 S.W. State Hwy 3, Bremerton 3.2 Roger Zabinski, Port of Bremerton, 8850 S.W. State Hwy 3, Bremerton 3.3 Stan Palmer, Stan Palmer Construction, 5107 State Hwy 3 SW, Bremerton 3.4 Ryan Sandstrom, Alpine Evergreen, 7124 State Hwy 3 SW, Bremerton 4.0 SEPA Determination, Environmental Review, and Agency Notification 4.1 SEPA Adoption of development regulations and amendments to the Comprehensive Plan require evaluation of environment impacts through the State Environmental Policy Act (SEPA) process. The City issued a SEPA Determination of Significance (DS) on the Plan on September 29, 2010. The Subarea Plan is likely to have a significant adverse impact on the environment due to the threshold of development expected to occur. The DS requires statutory notice, review and appeal periods, which the City completed The determination that this proposal is likely to have a significant adverse impact on the environment resulted in the preparation of an environmental impact statement (EIS) as outlined below. 4.2 Environmental Impact Statement (EIS) The Environmental Impact Statement (EIS) for the SKIA Subarea Plan evaluates the probable significant environmental impacts that could occur as a result of development activities within SKIA under a range of EIS Alternatives. Direct, indirect and cumulative impacts associated with the range of alternatives were assessed. Impacts associated with the alternatives were analyzed and appropriate mitigation measures to address significant adverse impacts were identified. The EIS provides decision - makers with relevant information to evaluate the Proposed Action. The EIS addresses the probable significant adverse environmental impacts of two action alternatives and one no- action alternative identified in the Subarea planning process The EIS is also intended to fulfill SEPA requirements for Planned Action environmental review. According to SEPA, a "Planned Action" is a designation for a project or elements of a project that shifts environmental review from the time a permit application is made to an earlier phase in the process (WAC 997 -11 -164). The planned action analysis applies to the entire study area and addresses potential impacts and mitigating measures for each of the identified alternatives. 3 of 7 EXHIBIT A Because future site- specific proposals that qualify under the planned action ordinance would not be subject to future SEPA threshold determinations or public comment on environmental impacts, interested individuals and agencies were given the opportunity to provide comment during the public comment periods during the planned action EIS process The Draft EIS was issued on June 9, 2011 and the Final EIS was issued on March 29, 2012. The Draft EIS and the Final EIS are intended to be used in conjunction with one another. 4.3 60-day State Agency Review Amendments to the Comprehensive Plan and development regulations also require a 60 day State Agency Review and Comment Period. The document was forwarded to State agencies, commencing the review period, on March 29, 2012. There were no comments received from State agencies during the review period, which closed on May 29, 2012. 5.0 Comprehensive Plan Consistency Amendments to the Comprehensive Plan Amendments to the Comprehensive Plan shall meet the decision criteria outlined in BMC 20.10. The Planning Commission may recommend, and the City Council may adopt or adopt with modifications, an amendment to the comprehensive plan if the criteria outlined below are met. The proposal is to add the SKIA Subarea Plan to the Bremerton Comprehensive Plans as an amendment, providing more specific and detailed planning for the area. 5.1 BMC 20.10.080(a) allows amendments to the Comprehensive Plan if there is an obvious technical error. Not applicable to this project 5.2 BMC 20.10.080(b) allows amendments to the Comprehensive Plan if the following criteria have been met. 5.2 (1) The amendment is consistent with the Growth Management Act (GMA): This amendment is consistent with the GMA by meeting the criteria of the Comprehensive Plan which was created to achieve the goals of the GMA. Specifically, the Subarea Plan meets the Economic Development goal by supporting existing industries, recruiting new industrial sectors, and emphasizing the development of a "clean -tech" sector. Through the various Low - Impact Development (LID) measures and Greenhouse Gas Emissions Reducing measures outlined in the standards (Section C), guidelines (Section D), and the EIS, the Subarea Plan meets the Environment goal by striving to enhance the quality of the local environment Furthermore, through an aggressive public outreach component, which focused on both public involvement as well as involvement of staff at regional jurisdictions and 4 of 7 EXHIBIT A agencies, the Subarea Plan meets the Citizen Participation and Regional Coordination goal of the GMA. The GMA encourages the adoption of subarea plans, recognizing that this may occur outside of the annual amendment timeframe, as is the case with the SKIA Subarea Plan. 5.2 (2) The amendment is consistent with the comprehensive plan or other goals or policies of the City. The SKIA Subarea Plan is consistent with the Comprehensive Plan Land Use Map designation of the SKIA Subarea as a Manufacturinglindustnal Center The Manufacturing/Industrial Center designation calls for intensive, concentrated manufacturing and industrial land uses that cannot be easily mixed with other activities. Furthermore, Manufactunng/industnal Centers are intended to accommodate a significant amount of regional employment, and will have a different urban form and purpose than the rest of the City's centers. The Subarea Plan achieves this vision through the Goals and Strategies (Section A), the Zoning and Development Standards (Section C), and the Design Guidelines (Section D) which promote compact industrial and commercial development and job creation that support long -term economic vitality. The Subarea Plan also includes specific goals and strategies that meet the Bremerton Comprehensive Plan. Specifically, the Subarea Plan encourages environmentally responsible development and economic development, which are goals also found in the Comprehensive Plan. 5.2 (3) if the amendment was reviewed but not adopted as a part of a previous proposal, circumstances related to the proposed amendment have significantly changed, or the needs of the City have changed, which support an amendment; This amendment supplements and implements the Comprehensive Plan. It is based on the direction of the Comprehensive Plan to develop specific area plans for the SKIA Man ufacturing /lndustrial Center 5.2 (4) The amendment is compatible with existing or planned land uses and the surrounding development pattern, The SKIA Subarea Plan is compatible with the adopted Manufacturing/Industrial Center land use and the surrounding development pattern. Industrial uses currently are predominant in the Subarea and through the Subarea Plan, industrial uses are intended to remain the predominating use in the long term. 5.2 (5) The amendment will not adversely affect the City's ability to provide urban services at the planned level of service and bears a reasonable relationship to benefiting the public health, safety and welfare. 5 of 7 w w • - w - w EXHIBIT The SKIA Subarea Plan will not adversely affect the City's ability to provide urban services at the planned level of service. The Environmental Impact Statement addresses the City's ability to provide urban services at the planned level of service. Additionally, the GMA compliant Capital Facilities Plan (Section E) outlines the provision of urban services, including transportation, water, sewer, and stormwater facilities The purpose of the CFP for SKIA is to provide adequate public facilities consistent with the development plan of the SKIA Subarea Plan. Careful planning and sound fiscal policies will provide the needed facilities that achieve and maintain the City of Bremerton's standards for level of service concurrent with, or prior to, the impacts of development. The amendment will benefit the public health, safety and welfare by achieving numerous City goals and policies related to environmental stewardship, while ensuring that intense industrial development occurs where it is most suited 6.0 Amendment to the Zoning Code An amendment to the Zoning Code, BMC 20.80.080 Master Development, is proposed to accompany adoption of the SKIA Subarea Plan. This amendment adds a reference to the Ordinance adopting the Subarea Plan, thereby activating the development standards contained in the Plan as the zoning for the SKIA Subarea. Zoning code text amendments shall meet the decision criteria outlined in BMC 20.18 020 (d) The Planning Commission may recommend, and the City Council may adopt or adopt with modifications, an amendment to the zoning code text if the criteria outlined below are met. 6.1(1) 20.18.020(d)(2) allows amendments to the Zoning Code If it is consistent with the goals and policies of the Comprehensive Plan. See discussion in 5.2 above for consistency with the Comprehensive Plan, and Section A of the Subarea Plan. The SKIA Subarea Plan is fully consistent with the Bremerton Comprehensive Plan. The Comprehensive Plan Land Use Map shows the SKIA Subarea as a Manufacturing /industrial Center, which is described on page LU -23a of the amended Land Use Element of the Comprehensive Plan as ...areas with existing or expected intensive, concentrated manufacturing and industrial land uses that cannot be easily mixed with other activities. ManufacturingAndustnal Centers are intended to accommodate a significant amount of regional employment, and will have a different urban form and purpose than the rest of the City's centers. They can be characterized as areas of large contiguous blocks of land served by the region's major transportation infrastructure, including such items as roads, rail, and port facilities. Protecting these centers from incompatible uses, as well as providing them with adequate public facilides and services will require deliberate and careful planning. 6of7 EXHIBIT The SKIA Subarea Plan is consistent with this vision for the Manufacturing/industrial Center and achieves it through the Goals and Strategies (Section A) and the Zoning and Development Standards (Section C). 6.2(2) 20.18.020(d)(2) allows amendments to the Zoning Code if it does not conflict with other City, state and federal codes, regulations and ordinances. The SKIA Subarea plan does not conflict with any other regulations II. CONCLUSIONS and RECOMMENDATION Based on the findings above, the Planning Commission concludes that the SKIA Subarea Plan has met the requirements for 1) amendment to the Comprehensive Plan and 2) text amendments to the zoning code as detailed in BMC 20.80. Therefore the Commission recommends the amendment to the Comprehensive Plan to include the SKIA Subarea Plan and an amendment to the zoning code text in BMC 20 80 to include the Ordinance number of the SKIA Subarea Plan. Respectfully submitted by: Approved by. drea L r, AICP Gr4 Jose, GWir ecub Socretary Planning Commission 7 of 7 PUBLIC COMMENTS RECEIVED POST- PLANNING COMMISSION PUBLIC HEARING SKIA Subarea Plan Comment Table for comments received after the Planning Commission Public Hearing on June, 19, 2012 Comment Commenter Comment Summary Staff Response Letter # 1 Kitsap County The number of expected fobs in SKIA is The Planned Action EIS preferred identified as 6,500, per the Preferred Alternative alternative identifies 6,500 fobs This This is a decrease from the 9,350 projected as number is only for purposes of the planned the basis for the UGA's designation in 2003 action designation, and does not limit the amount of employment in the subarea, and there is ample capacity to allow for 10,000 fobs in the subarea In Section A of the subarea plan, under Economic Development Goals page A -14 it clearly describes a desired outcome of progress of 10,000 fobs, with the ultimate long -term goal of 20,000 employees, as established by the PSRC MIC designation When the planned action ordinance reaches the employment and development limit, the City has the option of conducting additional SEPA review to allow additional growth through the Planned Action Ordinance 1 Kitsap County SKIA was designated based on a countywide This Mixed Employment (ME) designation analysis of employment needs, and the fobs allows for commercial, office and light projected for SKIA were industrial /manufacturing industrial uses These uses are allowed in focused, and the area designated Mixed the City's current zoning designation for Employment allows other uses SKIA as "Industrial," the zoning that became effective upon annexation Commercial uses are more broadly identified in the ME zone in order to respond to and serve additional demand for services associated with more intensive industrial development in SKIA Printed August 1, 2012 Page 1 of 5 Comment Commenter Comment Summary Staff Response Letter # 1 Kitsap County The code provisions for the Mixed Employment The City has the prerogative to structure its area may not provide for the retail services and code in order to meet its goals In this case, high -tech manufacturing mix the City has clearly established in the intent of providing flexibility and a mix of uses in this area 1 Kitsap County Transportation analysis focused on intersections Comment is correct The EIS transportation of County roads with SR 3 or SR 16 analysis used existing background traffic and projected trip generation and distribution to determine where the transportation system would be most impacted Based on this information, the busiest and most impacted locations were intersections rather than roadway segments Please see also the response to the comment on intersection LOS, below 1 Kitsap County Analysis focuses on intersection LOS and no Intersection LOS analysis was used as a Jurisdictions have LOS standards for conservative measure of delay as this intersections method is generally most sensitive to impacts resulting from increases in vehicle trips In general, the segment LOS methods cited in the comment are simplified approaches that seek to measure the same type of traffic congestion that is measured by intersection LOS, and therefore the two methodologies (intersection and segment) are measuring the same thing The intersection LOS method of analysis does not require any change to current city or county mitigation and monitoring practices and these agencies can continue to use their standard approach to monitoring traffic congestion (This comment and response was also included in the Final EIS Printed August 1, 2012 Page 2 of 5 Comment Commenter Comment Summary Staff Response Letter # 1 Kitsap County Belfair Bypass will have no impact on SR 3 in Staff concurs that Belfair Bypass does not Kitsap County help SR 3 in Kitsap County Improvements to SR 3 in Kitsap County are discussed and identified as a future state project in the EIS and Subarea Plan Please see the response to the comment on infeasible mitigation, below 1 Kitsap County Stating that improvements are infeasible does The comment appears to be referring to text not relieve the proponent from mitigating the in the Draft EIS Chapter 1 Summary, which impact was identifying mitigation options for specific intersections with SR 3, and not the Subarea Plan text The statement of "infeasible" was recognition that the state has not identified plans to address the impacts described in the EIS (and that neither the City of Bremerton nor a private applicant has the ability or the financial capacity to assume responsibility for improvements to state facilities) The draft planned action ordinance establishes that the City and WSDOT should develop a memorandum of understanding to determine how impacts to state facilities will be addressed The MOU provides a vehicle to address the impacts identified in the Draft EIS and corresponding state projects identified in the Subarea Plan CFP I k I I Printed August 1, 2012 Page 3 of 5 4 F 0 0 Comment Commenter Comment Summary Staff Response Letter # 2 Washington WSDOT and the City should consider starting The City is committed to negotiating an State the negotiation of an MOU prior to the identified MOU with WSDOT However, it is Department of threshold of 650 new PM peak hour trips to reasonable to wait until new development is Transportation ensure that a mechanism is in place to mitigate generated in SKIA to begin to work on the ( WSDOT) potential impacts to the state system MOU prior to the trip threshold Due to the size of the SKIA subarea, development could realistically occur in several different areas Thus, trends and potential impacts to state facilities have not yet emerged Once development patterns begin to take shape, it will be appropriate to begin work on the MOU 2 WSDOT Consider modifying Section 4 D (3)(c) Traffic Staff recommends that we do not adopt Impact Mitigation The second sentence changes to the ordinance While it is noted " responsible for a proportional share of offsite that impacts to state roads may occur due to improvements for local streets and roads listed development in SKIA, implementing an " be changed to read to " responsible for a additional traffic mitigation fee for state proportional share of offsite improvements for roads would bring about many logistical local streets, roads, and state highways" issues, both in methodology and fee structure Furthermore, finding the nexus between a project in SKIA and its direct impact on State Route 3 is difficult Staff believes that the MOU will be an appropriate vehicle for discussing these issues in the future 3 Alpine Alpine Evergreen Company supports the Comment noted Evergreen Subarea Plan and Planned Action EIS that have Company been drafted 4 WSDOT Confirmation that City of Bremerton Staff has Comment noted Aviation formally consulted with the WSDOT Aviation Division Division regarding the SKIA Subarea Plan Printed August 1, 2012 Page 4 of 5 F 0 Comment Commenter Comment Summary Staff Response Letter # 5 Greg Jose, Chairman Jose, of the City of Bremerton Comment noted Chair of Planning Commission, and as the Planning Planning Commission's representative on the consultant Commission selection committee and the Executive Committee dealing with the development of the SKIA SubArea Plan, strongly urges the City Council to approve Ordinances 5188 and 5189, adopting the SKIA Subarea Plan as part of the City's Comprehensive Plan, activating the development Regulations, and adopting the Planned Action Ordinance i Printed August 1, 2012 Page 5 of 5 P Comment #1 KITSAP COUNTY BOARD OF COMMISSIONERS Efficient, accessible and effective county serv June 13, 2012 Robert Gelder DISTRICT 1 Mayor Patty Lent charlotb Garrido City of Bremerton oI8TRICT 2 345 6th Street, Suite 600 Noah Brown Bremerton, WA 98337 DISTRICT 3 Dear Mayor Lent: Thank you for the opportunity to comment on the South Kitsap Industrial Area (SKIA) Sub - Area Plan being prepared by the City of Bremerton. This Plan will help guide SKIA as it grows Into a key employment center for Kitsap County and provides opportunities for high -tech jobs at family wages. On behalf of Kitsap County, I offer the following comments regarding the Draft Plan and Preferred Alternative: 4 • The Preferred Alternative reduces the number of expected Jobs in SKIA to 6,500 r T ' (down from the 9,350 projected as the basis for the UGXs designation in 2003). Since 2003, the SKIA area was designated a regional growth center for employment by the Puget Sound Regional Council (PSRC). The PSRC sets a goal of 10,000 jobs for such a center. PSRC input regarding the substantially reduced employment projection should be documented prior to a final decision by the City Council. A growth center designation -- and access to additional federal funds -- is key to the successful development of the SKIA area, and any action that may affect it should be justified in advance. • The SKIA area was designated based upon a countywide analysis of employment needs through 2012 and recently extended through 2025. As SKIA was fully - industrial /manufacturing focused, those were the employment sectors projected for this area. Yet the Preferred Alternative proposes to redesignate several hundred acres of the developable land from full manufacturing to mixed employment. This change appears to allow for retail and service employee sectors never expected to occupy SKIA. Rather, these jobs were allocated to other portions of the cities and county based upon the countywide analysis. Neither the Draft Plan nor the HIS Include analysis to support the increased need for retail and service land and this large redesignation. Without analysis, other jurisdictions cannot determine whether this new land supply impacts their areas already designated for such uses. e The code provisions for the mixed- employment area may not provide for the retail services and high -tech manufacturing mix. It appears open to vaned uses without F: f 614 Dmsion Street, MS-4 - Port Orchard. Washington 98366.4676 .(360) 337 -7146 - FAX (360) 337 -4632 From Olalla (253) 851 -4147 - Bainbridge Island (206) 842 -2061 1d0e0�l.ISII�l2t�YS�LII Comment #1 S; prescribing requirements for a mix of uses would be required. Additional limits seem necessary to ensure future development meets the intent for this area. , I have also attached a comment letter from the Department of Public Works regarding specific elements of the Plan and FEIS. The Issues generally relate to transportation methodology and consistency between jurisdictions. Again, thank you for the opportunity to comment. This Plan will be an important blueprint for SKIKs future and we look forward to opportunities to collaborate further as the plan moves toward adoption. Sincerely, Charlotte Garrido Commissioner Attachment: Public Works letter cc: Department of Community Development Department of Public Works Special Projects r- l Comment #1 Kitsap County Department of Public Works 614 Division Street (MS -26), Port Orchard, WA 98366-4899 R W Casteel, P E, Director June 18' To: Mayor Patty Lent From: Greg Cioc, Kitsap County Transportabon Planning Manager CC: Charlotte Garrido, Commissioner District 2 Randy Casteel PE, Director Kitsap County Public Works Jon Brand, Kitsap County Engineer Eric Baker, Special Projects Manager Re: South Kitsap Industrial Area (SKIA) Sub -Area Plan comments Thank you for the opportunity to comment on the Draft SKIA Sub -area Plan, Transportation section pages 1 -19 to 1 -27 There is no analysis of impacts to any county roads, only intersections of county roads with SR3 or SR16 As stated in previous comments on the Draft 2011 plan, no jurisdictions in Kitsap County have yyT set Level of Service Standards for intersections Much of the analysis in this plan focuses on intersection LOS Intersection LOS should be analyzed and adopted by the City of Bremerton and Kitsap County in the future in support of the SKIA Plan In our opinion, the Belfair By -pass may relieve traffic in the Belfair community, but will have no impact on SR3 in Kitsap County Those travelling to the shipyard or points north that might use the by -pass will still merge onto SR3 at the Kitsap /Mason border. Those travelling south to Tacoma already have the ability to turn onto Lake Flora Road and avoid SR3 without using the by -pass Alternatives 2 and 3 In the Sub -area plan, it is stated on page 1 -21 "however, since WSDOT has not considered or planned for these alternative improvements, they are considered infeasible" and page 1 -22 "However, these improvements are not in any WSDOT plans and could lead to additional nght- of -way, environmental and cost impacts and are considered infeasible" Stating that improvements are considered infeasible does not relieve the proponent from mitigating the transportation need Roads/Engmeenng 360- 337 -5777 . Utilities Information 360 -337 -7127 . FAX 360- 337 -4867 • Kitsap 1 360- 337 -5777 Toll free 1- 800 - 8254940 or from 019114 253- 851 -4147 — pnnted on recycled paper — i Comment #2 Doug McIntyre rom: Kovich, George <KovichG@wsdot wa gov> Sent Wednesday, July 25, 201210 37 AM To: Doug McIntyre Cc: Andrea Spencer, Severson, Dale, Donahue, John Subject SKIA Planned Action Ordinance Doug We lust spoke with Chns Sneland at Fehr and Peers, and got an explanation as to how the threshold (650 trips I hour) that triggers MOU negotiations with WSDOT as recommended in SECTION 5 C of the ordinance was determined Given the uncertainties in predicting growth patterns on the site, this seems like an acceptable approach to us However, we would recommend that WSDOT and the City consider starting the negotiation of an MOU now prior to the identified threshold to insure that a mechanism is in place to mitigate potential impacts to the state system We would like to also suggest that the City consider modifying SECTION 4 D (3)(c) Traffic Impact Mitigation the second sentence " responsible for a proportional share of ofls►te improvements for local streets and roads listed " be changed to read to " responsible for a proportional share of offsite improvements for local streets, roads, and state highways" We feel that this would provide some flexibility and insure a funding source is in place in case the needs arise prior to the start of the MOU process If you have any question please feel free to contact me 6ewye KOWC/1 Regional Planning & Coordination r 3 WSDOT, Olympic Region , ' 360 704 3207 kovichs @wsdot wa eov 1 Comment #3 R i C ElVED City of Bremerton P l EVE! 2 5 2012 EEN CO , lNC Department of Community Development 7/24/2012 RE SKIA Sub Area Plan / Planned Action EIS / Planned Action Ordinance Dear Members of the Bremerton City Council As the manager of Alpine Evergreen Company (SKIA landowner), I'm writing in support of the sub area plan and planned action EIS that have been drafted by City of Bremerton staff and the hired consultants The critical importance of these steps and moving toward adoption of a planned action ordinance (PAO) is to streamline the permitting process within SKIA To be competitive against industrial areas throughout the Puget Sound region, it is necessary to give ourselves every advantage possible The PAO will allow the majority of future projects to move forward in a timely manner Large projects that will cause significant impact will trigger additional study and planning coordination to address the concerns of parties involved As a small business and landowner within SKIA, we envision the majority of businesses that will eventually populate SKIA to be just like those of us here now - relatively small A planned action ordinance for SKIA will allow new businesses to establish themselves and employ citizens rather than negotiating another gauntlet of construction permitting Thank you for your attention to this matter and for your service of the community Sincerely, Ryan W Sandstrom C� General Manager Alpine Evergreen Company, Inc 7124 State Hwy 3 SW Bremerton, WA 98312 360 674 2303 Comment #4 Adek Washington State WansporUtlon Building UP Department of Transportation 310 MaPle Park Avenm S E ` PO Box 47300 Paula J. Hammond, P.E. Olympia. WA 98504 -7300 Secretary of Transportation 380- 705 -7000 TTY 1-800 - 8334388 July 31, 2012 www wsdot.wa 901 Doug McIntyre City of Bremerton, Department of Community Development 345 O Street, Suite 600 Bremerton, WA RE Draft South Kitsap Industrial Area (SKIA) Subarea Plan, July 2012 Dear Mr McIntyre - This correspondence is to confirm that City of Bremerton staff has formally consulted with the Washington State Department of Transportation ( WSDOT) Aviation Division regarding the Draft South Kitsap Industrial Area (SKIA) Subarea Plan. The SKIA Subarea Plan consists of approximately 3,700 gross acres adjacent to Bremerton National Airport, and will serve as an important industrial employment center for the Puget Sound Region WSDOT recognizes the substantial time and resources this product represents RCW 36 70 547 and 36 70A 510 requires local jurisdictions to formally consult with airport L owners b mana ers rivate airport operators, general aviation pilots, ports, and the Aviation P iP P Division of the Washington State Department of Transportation prior to adoption of comprehensive plan policies or development regulations that may affect property adjacent to public uses airports. The main goals of formal consultation are to avoid, minimize, and resolve potential land use conflicts with airports through comprehensive plans and development regulations WSDOT strongly recommends that formal consultation be initiated by local jurisdictions as early as possible in the planning process. This is to assure that all parties have an opportunity to work together to find mutually beneficial, comprehensive solutions that fulfill the intent of the legislation, consistent with local jurisdictions' land use planning authorities and obligations under law The following is a general summary of observations and recommendations discussed during the City of Bremerton's July 31, 2012, formal consultation meeting* — Caution should be exercised regarding the enhancement of wetlands Wetlands adjacent to the airport have the potential for attracting wildlife hazards Wildlife conflicts near airports should be reduced to increase safety for people in the air and on the ground — Stormwater facilities should be consistent with WSDOT's Aviation Stormwater Design Manual { r r { t + ; City of Bremerton, South Kitsap Industrial Area (SKIA) Consultation July 31, 2012 Page I of 2 Comment #4 City of Bremerton, South Kitsap Industrial Area (SKIA) Consultation July 31, 2012 Page 2 of 2 Ate' — WSDOT supports the adoption of an Airport Compatibility Overlay (ACO), consistent with the Airports and Compatible Land Use Guidebook 2011 — The City of Bremerton should discourage high intensity and special function land uses within the airport influence area. — WSDOT supports continued consultation and collaboration between the City of Bremerton, Port of Bremerton, aviation stakeholders and WSDOT Aviation Division The importance of Bremerton National Airport to the region and state's transportation system and economy cannot be overstated It is critical that every effort be made to discourage incompatible land uses that impair the airport's ability to operate as an essential public facility We thank you again for the opportunity to formally consult, and remain available to provide technical support and assistance Please don't hesitate to contact me at 360 -651 -6312 or timmerc @wsdot wa gov if you have any questions Sincerely, Carter Timmerman Aviation Planner/ GIS Analyst f 5' j c WSDOT, Aviation Division a- i Comment #5 1 August, 2012 Bremerton City Council _ t o 45 W h Street, Suite 600 Bremerton, WA 98337 Re SKIA Sub -Area Plan Adoption Dear Members of the Bremerton City Council, As the Chairman of the City of Bremerton Planning Commission, and as the Planning Commission's representative that has served on the consultant selection committee and the Executive Committee dealing with the development of the South Kitsap Industrial Area (SKIA) Sub -Area Plan, I strongly urge you to approve Ordinances 5188 and 5819, adopting the SKIA Sub -Area Plan as part of the City's Comprehensive Plan, activating the Development Regulations, and adopting the Planned Action Ordinance As noted, I have participated in this project from very early in the process, and have been active and engaged in its development throughout I have been pleased to see how well City staff, the consultant team, Executive Committee, Technical Working Group, Planning Commission and members of the public have collaborated to produce this excellent set of documents that is before you In my experience, it is unusual to have such a high level of agreement among staff, public and private property owners, and the public on what are normally contentious issues (zoning and development regulations) This agreement is a testament to the quality of the effort and products prepared by staff and the consultants From my perspective, and I am sure many of those that have been engaged in the process would agree, these Ordinances effectively position SKIA as a compelling option for industrial development and are important elements in creating new fobs for our community The Sub -Area Plan emphasizes a flexible, incentive -based " approach and offers innovative approaches that will encourage development in the area (e g the SKIA Evergreen designation) I anticipate that there may be opposition to adoption, whether it in the form of calls to delay adoption for "additional study" or outright refection of the Ordinances While it is very important that you hear and consider such testimony, it is unlikely that such a view would be offered by someone that has been familiar with and engaged in the process City staff and the consultant team made every reasonable effort to involve the public in the development of the plans Moreover, when the Ordinances were before the Planning Commission, all comments brought forward from the public and Commission were supportive of the effort and aimed toward adoption by the Council If there are voices opposing the effort, they have had ample opportunity to have their concerns heard and addressed prior to this point, and did not avail themselves of that opportunity Refection or delay of adoption on this basis disrespects, in my opinion, the efforts of everyone involved in the process to this point Once again, I urge you to adopt Ordinances 5188 and 5189 Thank you for hearing and considering my testimony Sincerely, ^ i % v Greg`Jose_ Chairman 4 s a City of Bremerton Planning Commission AGENDA BILL CITY OF BREMERTON CITY COUNCIL 0 rJiyvw1cR__ �o. 5184 SUBJECT: Public hearing on N a Planned Study Session Date July 11 & 25, 2012 Action Ordinance for the South Kitsap COUNCIL MEETING Date August 1, 2012 Industrial Area (SKIA) Department DCD Presenter Doug McIntyre Phone 360 473 5845 SUMMARY: -The action before the Council is to conduct a public hearing and consider public testimony on the Planned Action Ordinance for the South Kitsap Industrial Area (SKIA) Subarea According to SEPA, a "Planned Action" is a designation for a project or elements of a project that shifts environmental review from the time a permit application is made to an earlier phase in the process The planned action analysis applies to the entire study area and addresses potential impacts and mitigating measures for each of the identified alternatives ATTACHMENTS: 1) Proposed Planned Action Ordinance 4 o . 5 Exhibit A) Subarea Plan map Exhibit B) Mitigation measures II) User's Guide, Final EIS, Draft EIS, Appendix to Draft EIS (in notebook) FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to pass Ordinance No 51 got to adopt the Planned Action Ordinance for the South Kitsap Industrial Area (SKIA) STUDY SESSION ACTION: ❑ Consent Agenda ❑ Gener Business Public Hearing COUNCIL PRESIDENT r� �?�� 1 ' COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 r Amolft ORDINANCE NO. 7 r 1 S 1 -�� AN ORDINANCE of the City Council of the City of Bremerton, Washington, establishing a Planned Action for the South Kitsap Industrial Area (SKIA), pursuant to the State Environmental Policy Act WHEREAS, the State Environmental policy Act ( "SEPA ") and implementing rules provide for the integration of environmental review with land use planning and project review through designation of "Planned Actions" by junsdictions planning under the Growth Management Act ( "GMA "), and WHEREAS, the City has adopted a Comprehensive Plan complying with the GMA, and WHEREAS, the City has adopted development regulations permitting designation of Planned Actions, and WHEREAS, the Puget Sound Regional Council's Vision 2040 designates SKIA as a regional Manufacturing/Industrial Center (MIC), which is expected to accommodate significant employment growth at higher densities, and WHEREAS, the City has received a Climate Showcase Communities grant from the U S Environmental Protection Agency to develop a sub -area plan that supports sustainability, greenhouse gas emissions reduction, low impact development stormwater and wastewater recycling, and WHEREAS, the City has prepared a sub -area plan and development regulations for the SKIA Sub -area, and WHEREAS, the SKIA Sub -area is deemed to be appropriate for designation of a Planned Action, and WHEREAS, designation of a Planned Action expedites the permitting process for subsequent, implementing projects whose impacts have been previously addressed in a Planned Action environmental impact statement ( "EIS "), and thereby encourages' desired growth and economic development, and WHEREAS, the SKIA Sub -area Planned Action EIS identifies impacts and mitigation measures associated with planned development in the sub -area, and WHEREAS, the City has adopted development regulations which will help protect the environment, and is adopting zoning regulations specific to the sub -area which will guide the amount, location, form, and quality of desired development, and 1 SKU Planned Action Ordinance WHEREAS, the City provided legal notice of a community meeting on July 11, 2012 by direct mailing to all affected federally recognized tribal governments and agencies with jurisdiction over the future development anticipated for the planned action, in compliance with Second Engrossed Substitute Senate Bill (2ESSB) 6406, as adopted during the 2012 Washington State legislative session, and WHEREAS, the City held a community meeting on July 11, 2012 in compliance with 2ESSB 6406, as adopted during the 2012 Washington State legislative session, and WHEREAS, 2ESSB 6406, as adopted during the 2012 Washington State legislative session, establishes that a city may utilize a modified checklist to determine consistency with a planned action ordinance, and WHEREAS, on July 19, 2012 the City provided notification of a public hearing to be held on August 1, 2012 to all parties of record and all affected federally recognized tribal governments and agencies with j unsdiction over the future development anticipated for the planned action WHEREAS, on July 21, 2012 the City provided legal notice in the Kitsap Sun of a public hearing to be held on August 1, 2012, and WHEREAS, the City Council held a public hearing on August 1, 2012 and considered public comment, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1 . Recitals The recitals set forth above are incorporated herein by reference SECTION 2 . Purpose The City Council declares that the purpose of this ordinance is to A Combine analysis of environmental impacts with the City's development of plans and regulations, B Designate the SKIA Sub -area as a Planned Action for purposes of environmental review and permitting of subsequent, implementing projects pursuant to SEPA, RCW 43 21C 031, C Determine that the EIS prepared for the sub -area plan meets the requirements of a Planned Action EIS pursuant to SEPA, D Establish criteria and procedures, consistent with state law, that will determine whether subsequent, implementing projects qualify as Planned Actions, E Provide the public with information about Planned Actions and how the City will process applications for implementing projects, F Streamline and expedite the land use review and approval process for qualifying protects by relying on the EIS completed for the Planned Action, and 2 SKIA Planned Action Ordinance G Apply the City's development regulations together with the mitigation measures described in the Planned Action EIS and this Ordinance to address the impacts of future development contemplated by the Planned Action SECTION 3 . Findings The City Council finds as follows A The City is subject to the requirements of the Growth Management Act, RCW 36 70A, and is located within an Urban Growth Area, B The City has adopted a Comprehensive Plan complying with the GMA, and is amending the Comprehensive Plan to incorporate a sub -area element specific to the SKIA Sub- area, C The City is adopting development regulations concurrent with the SKIA Sub -area Plan to implement said Plan, including this ordinance, D The City has prepared an EIS for the SKIA Sub -area ( "Planned Action EIS ") and finds that this EIS adequately addresses the probable significant environmental impacts associated with the type and amount of development planned to occur in the designated Planned Action area, E The mitigation measures identified in the Planned Action EIS and attached to this ordinance as Exhibit B, incorporated herein by reference, together with adopted City development regulations, will adequately mitigate significant impacts from development within the Planned Action area, F The subarea plan and Planned Action EIS identify the location, type and amount of development that is contemplated by the Planned Action, G Future projects that are implemented consistent with the Planned Action will protect the environment, benefit the public and enhance economic development, H The City has provided numerous opportunities for meaningful public involvement in the proposed Planned Action, including a community meeting prior to publication of notice for the planned action ordinance, has considered all comments received, and, as appropriate, has modified the proposal or mitigation measures in response to comments, I The SKIA Sub -area Plan is not for an essential public facility as defined by RCW 36 70A 200(1), and any future projects which meet the definition of an essential public facility will not qualify as Planned Actions unless they are accessory to or part of a project that otherwise qualifies as a planned action, J The Planned Action applies to a defined area that is smaller than the overall City boundaries, and K Public services and facilities are adequate to serve the proposed Planned Action, with implementation of mitigation measures identified in the EIS SECTION 4 Procedures and Criteria for EvaluatanQ and Determining Protects as Planned Actions A Planned Action Area The Planned Action designation shall apply to the area shown in Exhibit A, incorporated herein by reference B Environmental Document A Planned Action determination for a site - specific implementing project application shall be based on the environmental analysis contained in the Draft EIS issued by the City on June 9, 2011 and the Final EIS published on March 29, 2012 The Draft EIS and Final EIS shall comprise the Planned Action EIS. The mitigation measures contained in Exhibit B are based upon the findings of the Planned Action EIS and shall, along 3 SKIA Planned Action Ordinance with adopted City regulations, provide the framework that the City will use to impose appropriate conditions on qualifying Planned Action projects. C Planned Action Designated Land uses and activities described in the Planned Action EIS, subject to the thresholds described in subsection 4 D and the mitigation measures contained in Exhibit B, are designated Planned Actions or Planned Action Projects pursuant to RCW 43 21 C 031 A development application for a site - specific Planned Action project located within the SKIA Planned Action Area shall be designated as a Planned Action if it completes the modified SEPA checklist in Exhibit C and meets the criteria set forth in subsection 4 D of this ordinance and applicable laws, codes, development regulations and standards of the City D Planned Action Oualifications The following thresholds shall be used to determine if a site - specific development proposed within the SKIA Planned Action Area is contemplated by the Planned Action and has had its environmental impacts evaluated in the Planned Action EIS (1) Land Use The following general categones /types of land uses, which are permitted in zoning districts applicable to the SKIA Planned Action Area, and subject to any limitations in size contained in the applicable zoning districts, are considered Planned Actions Anticipated land uses are further identified below (a) Industrial and manufacturing uses, (b) Office uses, including but not limited to research and development, compatible with and supporting industrial activities, (c) Retail and service uses compatible with and supporting industrial activities, (d) Utilities and capital facilities Individual land uses considered to be Planned Actions shall include those uses specifically listed in development regulations applicable to the zoning classifications applied to properties within the Planned Action Area (2) Development Thresholds (a) The following amount of various new land uses are contemplated by the Planned Action Land Use Development Amount (square feet) General Industrial, Port 2,850,000 sf Industrial Mix and Aviation Business i Mixed Employment 1,000,000 sf 1 Includes uses permitted in the General Industrial (GI), Port Industrial Mix (PIM), Aviation Business (AB) described in the SKIA Subarea Plan, Section C 2 Includes uses permitted in the Mixed Employment (ME) zone described to the SKIA Subarea Plan, Section C (b) If future development proposals in the SKIA Planned Action Area exceed the development thresholds specified in this ordinance, further environmental review may be required pursuant to WAC 197 -11 -172 Furthermore, if proposed development would alter the assumptions and analysis in the Planned Action EIS, further environmental review may be required Shifting the development amount between categories of uses may be permitted so long as the total build -out does not exceed the aggregate amount of development and trip generation 4 SKIA Planned Action Ordinance reviewed in the EIS, and so long as the impacts of that development have been identified in the Planned Action EIS and are mitigated consistent with Exhibit B (3) Transportation (a) Trip Ranges & Thresholds The number of new pm peak hour trips anticipated in the Planned Action area and reviewed in the EIS are as follows Total PM Peak Hour Trips 4,576 Uses or activities that would exceed these maximum trip levels will require additional SEPA review (b) Concurrency The determination of transportation impacts shall be based on the City's concurrency management program contained in BMC 11 12 070 (c) Traffic Impact Mitigation In order to mitigate transportation related impacts, all Planned Action Projects shall be responsible for a proportional share of off - site improvements for local streets and roads listed in Exhibit B A proposed project's proportional share shall be determined based on a traffic generation study, included with the planned action checklist required by Section G 1 of this ordinance The study shall consider the type, intensity and location of the proposal, and its proportional demand for identified local traffic improvements This mitigation shall not duplicate any improvements required pursuant to BMC 11 12 070 (d) Director Discretion The Director of Community Development shall have discretion to determme incremental and total trip generation, consistent with the Institute of Traffic Engineers (ITE) Trip Generation Manual (latest edition) or an alternative manual accepted by the City Engineer at his or her sole discretion, for each project permit application proposed under this Planned Action (4) Elements of the Environment and Degree of Impacts A proposed project that would result in a significant change in the type or degree of impacts to any of the elements of the environment analyzed in the Planned Action EIS, would not qualify as a Planned Action (5) Changed Conditions Should environmental conditions change significantly from those analyzed in the Planned Action EIS, the City's SEPA Responsible Official may determine that the Planned Action designation is no longer applicable until supplemental environmental review is conducted E Planned Action Review Criteria (1) The City's SEPA Responsible Official may designate as "Planned Actions ", pursuant to RCW 43 21C 030, applications that meet all of the following conditions (a) The proposal is located within the Planned Action area identified in Exhibit A of this ordinance, (b) The proposed uses and activities are consistent with those described in the Planned Action EIS and Section 4 D of this ordinance, (c) The proposal is within the Planned Action thresholds and other criteria of Section 4 D of this ordinance, (d) The proposal is consistent with the City of Bremerton Comprehensive Plan and the SKIA Sub -area Plan; (e) The proposal's significant adverse environmental impacts have been identified in the Planned Action EIS; 5 SKIA Planned Action Ordinance (f) The proposal's significant impacts have been mitigated by application of the measures identified in Exhibit B, this ordinance, and other applicable city regulations, together with any modifications or variances or special permits that may be required, (g) The proposal complies with all applicable local, state and/or federal laws and regulations, and the Responsible Official determines that these constitute adequate mitigation, and (h) The proposal is not an essential public facility as defined by RCW 36 70A 200(1), unless the essential public facility is accessory to or part of a development that is designated as a planned action under this ordinance (2) The City shall base its decision on review of a SEPA checklist, or an alternative form authorized by state law, and review of the application and supporting documentation (3) A proposal that meets the criteria of this section shall be considered to qualify and be designated as a Planned Action, consistent with the requirements or RCW 43 21C 030, WAC 197 -11 -164 et seq, and this ordinance F Effect of Planned Action (1) Designation as a Planned Action project means that a qualifying proposal has been reviewed in accordance with this ordinance and found to be consistent with its development parameters and thresholds, and with the environmental analysis contained in the Planned Action EIS (2) Upon determination by the City's SEPA Responsible Official that the proposal meets the criteria of Section 4 D and qualifies as a Planned Action, the proposal shall not require a SEPA threshold determination, preparation of an EIS, or be subject to further review pursuant to SEPA G Planned Action Permit Process Applications for Planned Actions shall be reviewed pursuant to the following process (1) Development applications shall meet all applicable requirements of the Bremerton Municipal Code (BMC) Applications for Planned Actions shall be made on forms provided by the City and shall include a SEPA checklist, or an approved Planned Action checklist (2) The City's Director of Community Development or designee shall determine whether the application is complete as provided in BMC 20 02 090 (3) If the application is for a project located within the Planned Action Area defined in Exhibit A, the application will be reviewed to determine if it is consistent with the criteria of this ordinance and thereby qualifies as a Planned Action project (a) The decision of the SEPA Responsible Official regarding qualification of a project as a Planned Action is a Type I decision The SEPA Responsible Official shall notify the applicant of his/her decision Notice of the determination shall also be mailed or otherwise venfiably delivered to federally recognized tribal governments and to agencies with j unsdiction over the planned action project, pursuant to Chapter 1, Laws of 2012 (Engrossed Substitute Senate Bill (ESSB) 6406) (b) If the project is determined to qualify as a Planned Action, it shall proceed in accordance with the applicable permit review procedures specified in BMC 20 02 040, whether Type II or Type III, except that no SEPA threshold determination, EIS or additional SEPA review shall be required 6 SKIA Planned Action Ordinance (c) Notice of the application for a planned action project shall be pursuant to BMC 20 02 100 and 20 02 110 -(4) If notice is required for the underlying permit, the notice shall state that the project has qualified as a Planned Action If notice is not otherwise required for the underlying permit, no special notice is required by this ordinance (5) Development Agreement To provide additional certainty about applicable requirements, the City or an applicant may request consideration and execution of a development agreement for a Planned Action project The development agreement may address review procedures applicable to a Planned Action project, permitted uses, mitigation measures, payment of impact fees or provision of improvements through other methods, design standards, phasing, vesting of development rights, or any other topic that may properly be considered in a development agreement consistent with RCW 36 70B 170 et seq (6) If a protect is determined to not qualify as a Planned Action, the SEPA Responsible Official shall so notify the applicant and prescribe a SEPA review procedure consistent with the City's SEPA regulations and the requirements of state law The notice shall describe the elements of the application that result in failure to qualify as a Planned Action (7) Projects that fail to qualify as Planned Actions may incorporate or otherwise use relevant elements of the Planned Action EIS, as well as other relevant SEPA documents, to meet their SEPA requirements The SEPA Responsible Official may limit the scope of SEPA review for the non - qualifying project to those issues and environmental impacts not previously addressed in the Planned Action EIS SECTION S Monitoring and Review A The City should monitor the progress of development in the designated Planned Action Sub -area as deemed appropriate to ensure that it is consistent with the assumptions of this ordinance and the Planned Action EIS regarding the type and amount of development and associated impacts, and with the mitigation measures and improvements planned for the SKIA Planned Action Area B This Planned Action Ordinance should be reviewed by the SEPA Responsible Official no later than five years from its effective date The review shall determine the continuing relevance of the planned action assumptions and findings with respect to environmental conditions in the Planned Action area, the impacts of development, and required mitigation measures Based upon this review, the City may propose amendments to this ordinance or may supplement or revise the Planned Action EIS, as appropriate C When planned action monitoring indicates that development proposals that generate 650 PM peak hour trips have been submitted, the City will begin work towards developing a memorandum of understanding (MOU) in cooperation with the Washington State Department of Transportation to address identified impacts to state transportation facilities The MOU may address the timing, design and funding of state facilities, and/or such other topics as the parties may determine SECTION 6 . Conflict In the event of a conflict between this Ordinance or any mitigation measure imposed thereto, and any ordinance or regulation of the City, the provisions of this ordinance shall control, EXCEPT that the provision of any International Building Code shall supersede 7 SKIA Planned Action Ordinance SECTION 7 . Severability If any one or more sections, sub - sections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 8 . Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the day of 1 2012 JIM McDONALD, Council President Approved this day of 9 2012 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM SHANNON CORIN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of 5 2012 EFFECTIVE the day of 9 2012 ORDINANCE NO R \Legal \Legal \Ordinances \Community Development \SKIA Planned Action Ordinance docx 8 SKIA Planned Action Ordinance Exhibit A South Kitsap Industrial Area (SKIA) Subarea Plan Planned Action Ordinance Subarea Map SM Subareas t l i Mason Camty 6 Legend N �� J A Subareas Q A r E << �F = G E ROW F e p`" I ►tom, , 0 025 OS 075 t SOLOCE ft.pCo,.vyA— a A qu92010 SKU Planned Action Ordinance Exhibit A Exhibit B South Kitsap Industrial Area (SKIA) Subarea Plan Planned Action Ordinance Mitigation Measures The State Environmental Policy Act (SEPA) requires environmental review for project and non - project proposals that may have adverse impacts upon the environment In order to meet SEPA requirements, the City of Bremerton issued the Draft SKIA Subarea Plan Planned Action Environmental Impact Statement on June 9, 2011, and Final Environmental Impact Statement on March 29, 2012 The Draft Environmental Impact Statement and the Final Supplemental Environmental Impact Statement are referenced collectively herein as the "EIS" The EIS has identified significant impacts that would occur with the future development of the Planned Action area, together with a number of possible measures to mitigate those significant impacts The purpose of this Mitigation Document is to document the specific mitigation measures identified in the EIS, based upon the identified significant impacts The EIS considers potential impacts associated with the natural environment, greenhouse gases, land use, cultural resources, aesthetics, transportation, public services and utilities The mitigation measures would apply to future development proposals which are consistent with the EIS and located within the Planned Action area (see Exhibit A) It should be noted that some EIS mitigation measures identified in the EIS address potential Subarea Plan policies and development standards These measures have been considered as part of the Subarea Plan process and are not included in this Mitigation Document This Exhibit also summarizes measures, excluding background discussion and similar information Please refer to the Draft and Final EIS for complete text associated with each element of the environment I. NATURAL ENVIRONMENT A. Applicable Regulations and Requirements 1 Earth • Specific foundation support systems to be used for onsite improvements will be determined as part of the specific design and permit process for infrastructure and individual buildings associated with future site development • Site - specific studies and evaluations would be conducted in accordance with City of Bremerton Municipal Code requirements and the provisions of the most recent version of the IBC 1 SKU Planned Action Ordinance Exhibit B a. Landsliding • If any development occurs adjacent to steeper slopes within SKIA, site - specific slope stability analyses would be conducted during the design and permit process in order to determine the required setback buffer widths Potential mitigation measures include limiting soil disturbance and vegetation removal, limiting building footprint and impervious surface areas, constructing retaining walls, and revegetating the slopes located within moderate to high geologically hazardous areas • During a large seismic event, some sloughing and slope movement would likely occur within loose surficial materials on the steeper slopes present within SKIA Site - specific analysis of any development planned adjacent to or near these slopes would be completed during the design and permit process to address specific methods to mitigate potential landslide impacts b. Erosion During construction, temporary erosion and sedimentation control measures and Best Management Practices would be used to control erosion These measures would be consistent with City regulations, and could include the following • Limit areas of exposure • Schedule earthwork during drier times of the year • Retain vegetation where possible, especially on the steeper slope areas within SKIA • Seed or plant appropriate vegetation on exposed areas as soon as earthwork is completed • Construct stabilized construction entrances with rock pads or truck washing stations to limit excess soil materials from entering the right -of -way • Route surface water through temporary drainage channels around and away from disturbed soils or exposed slopes • Use silt fences, temporary sedimentation ponds, or other suitable sedimentation control devices to collect and retain possible eroded material • Cover exposed soil stockpiles and exposed slopes with plastic sheeting, as appropriate • Use straw mulch and erosion control matting to stabilize graded areas and reduce erosion and runoff impacts to slopes, where appropriate • Intercept and drain water from any surface seeps, if encountered • Incorporate contract provisions allowing temporary cessation of work under certain, limited circumstances, if weather conditions warrant c. Seismic Hazards With development consistent with the City of Bremerton Municipal Code and IBC, no additional mitigation measures would be required 2 SKIA Planned Action Ordinance Exhibit B d. Settlement Impacts associated with potential settlement of buildings, roadways, utilities, or other infrastructure improvements constructed on areas with peat deposits would be mitigated by use of typical design and construction measures that could include partial to full removal of peat deposits and replacement with structural fill, preloading, use of geosynthetic reinforcing materials to support fill materials, settlement monitoring, use of driven steel pipe or H -piles or rammed aggregate piers for building foundation support e. Construction Excavation Impacts from temporary construction excavations could be mitigated through the use of properly designed and constructed excavation shoring systems or sloped excavations in accordance with Safety Standards for Construction Work Part N, Washington Administrative Code (WAC) 296 -155 f. Construction Dewatering Site - specific investigations and analyses during the design and permitting process would determine what structures may require or be influenced by excavation dewatering Mitigation measures to control the potential impact of excavation dewatering include site - specific design and control of dewatering systems, minimizing the extent and duration of dewatering, and monitoring for settlement Extracted groundwater may contain certain chemical contaminants and /or high turbidity, which might necessitate special handling, treatment, and /or disposal methods Mitigation measures include monitoring to assess the quality of dewatering discharges and treatment, if needed, to comply with applicable state and local requirements g. Placement of Structural Fill Ground subsidence impacts could be mitigated by designing the fill to control adjacent settlements, including settlement monitoring and use of geosynthetic reinforcing materials to support fill materials over peat Adjacent structures /surfaces could be monitored during construction to verify that no adverse settlement occurs Placement of structural fill to modify site grades adjacent to high or moderate geologically hazardous areas would require site - specific geotechnical investigations, slope stability analyses, and design and construction of earth retention structures, fill slopes, and drainage and erosion control measures as needed to stabilize the area h. Foundation Construction Foundation construction impacts could be mitigated by site specific design and construction procedures, including temporary excavation shoring and dewatering, over - 3 i SKU Planned Action Ordinance ' Exhibit B excavation of unsuitable materials and replacement with structural fill, use of deep foundations or ground improvement techniques, conducting pre- and post - construction surveys of nearby buildings, monitoring of ground movements, and vibration monitoring during pile installation 2 Aquifer Recharge Areas Groundwater protection strategies to be used for onsite improvements will be determined as part of the specific design and permit process for infrastructure and individual buildings associated with future site development Site - specific studies and evaluations would be conducted in accordance with City of Bremerton Municipal Code requirements, including conditions set forth by the City's Critical Areas Ordinance (CAO) Methods are available to build out SKIA without resulting in significant unavoidable adverse impacts Mitigation measures to limit impacts to aquifer recharge areas during each mayor stage of project are discussed below • Construction impacts are short-term impacts that could occur during the construction phase of site redevelopment BMPs to manage site construction and operation activities will be in place to reduce potential impacts to aquifer recharge areas Environmental monitoring during the construction process will verify that required best management practices are followed • BMPs required under the City's CAO to control construction- related impacts include, but are not limited to, proper containment and storage of construction materials, proper containment and disposal of waste materials, and appropriate and effective management of stormwater • BMPs required under the City's CAO to control operational- related impacts include, but are not limited to, spill control plans, waste management plans, and appropriate long -term management of sanitary sewer and stormwater management infrastructure 3 Plants and Animals The following mitigation measures would reduce potential impacts to plants, animals, and their habitat • Required stormwater best management practices would attenuate flows and prevent polluted water from entering the stormwater system and ensure that construction and operation activities would not impact the ESA - listed species, critical habitats, or Essential Fish Habitat in Sinclair Inlet, Hood Canal, North Bay, and /or their tributaries in the project vicinity • Comply with critical area mitigation sequence requirements in the City of Bremerton critical areas ordinance to avoid, minimize, and mitigate for unavoidable impacts to wetlands, streams, and their buffers • Stream mitigation could include improving fish access through redesigned culvert crossings or installation of fish passable culverts associated with new road crossings Install native plants, as possible, and remove invasive plants, in accordance with 4 SKU Planned Action Ordinance Exhibit B Executive Order 13112, to provide habitat for native animals and to reduce future maintenance efforts • Nest removal for species protected under MBTA would occur outside of nesting season after birds have fledged II. CLIMATE CHANGE AND GREENHOUSE GAS EMISSIONS Greenhouse gas mitigating measures identified in the EIS were for proposed plan features that could be incorporated into the Subarea Plan policies and development standards These mitigating measures were considered as part of the planning process and adopted zoning and development regulations contained in the SKIA Subarea Plan, Sections C and D, already address potential greenhouse gas mitigating measures No additional measures are necessary III. LAND USE A. Applicable Regulations and Requirements Many land use mitigating measures identified in the EIS were for proposed plan features that have been incorporated into the Subarea Plan policies and development standards Adopted zoning and development regulations contained in the SKIA Subarea Plan, Sections C and D, already address potential land use mitigating measures identified in the EIS IV. CULTURAL RESOURCES A. Applicable Regulations and Requirements The EIS identified applicable federal and state laws that govern protection and preservation of archaeological sites as described below 1 Federal Laws • The Archaeological Resource Protection Act of 1979 helps secure the protection of archaeological resources and sites that are on public and Indian lands and assists in sharing of information among entities seeking to preserve these resources • The National Historic Preservation Act establishes national standards for designation of historic and culturally significant properties, including archaeological sites In addition, this Act of Congress establishes the office of the State Historic Preservation Officer Section 106 USC 470(a)(d) of this law establishes a program to assist Indian Tribes in preserving their particular historic properties • The Archaeological and Historic Preservation Act of 1974 governs archaeological and other historic and cultural resources found in federal construction activities, including the construction of dams • The Native American Graves and Repatriation Act governs protection, preservation, and repatriation of Native American remains and cultural artifacts found in Native American burial sites 5 SKIA Planned Action Ordinance Exhibit B 2 State Laws • Governor's Executive Order 05 -05 requires State agencies with capital improvement projects to integrate the Department of Archaeology and Historic Preservation, the Governor's Office of Indian Affairs, and concerned Tribes into their capital project planning process This Executive Order affects any capital construction projects and any land acquisitions for purposes of capital construction • RCW 27 44 Indian Graves and Records provides protection for Indian graves and burial grounds, encourages voluntary reporting of said sites when they are discovered, and mandates a penalty for disturbance or desecration of such sites • RCW 27 53 Archaeological Sites and Resources governs the protection and preservation of archaeological sites and resources and establishes the Department of Archaeology and Historic Preservation as the administering agency for these regulations • RCW 68 60 Abandoned and Historic Cemeteries and Historic Graves provides for the protection and preservation of abandoned and historic cemeteries and historic graves B. Other Mitigation All cultural resource mitigating measures identified in the EIS were for proposed plan features that could be incorporated into the Subarea Plan or other city policies These mitigating measures were considered as part of the planning process and no additional measures are necessary V. AESTHETICS SKIA has historically been, and will continue to be, planned for industrial development The expectation is for development with industrial character and uses that meets the intent of the respective zone Consequently, future industrial development under any of the alternatives would be consistent with public expectations and unlikely to result in significant adverse visual impacts However, visual screening and measures to retain vegetation could help improve the overall character of future industrial development Many of the aesthetics mitigating measures identified in the EIS were for proposed plan features that could be incorporated into the Subarea Plan policies and development standards These mitigating measures were considered as part of the planning process and have been incorporated into Section D of the Subarea Plan Please see section D for measures that could help retain forested areas, provide for visual screening from public rights -of -way and ensure that view corridors are retained 6 SKU Planned Action Ordinance Exhibit B VI. TRANSPORTATION A. Applicable Regulations and Commitments Many of the transportation mitigating measures identified in the EIS were for proposed plan features that could be incorporated into the Subarea Plan policies and development standards These mitigating measures were considered as part of the planning process and specific measures that have been incorporated into the SKIA Subarea Plan include SKIA Subarea Plan, Section C Zoning and Development Standards, Chapter S Right of Way Standards — Chapter S contains conceptual street standards, a process for deferred construction of street frontage improvements, intersection standards, including a preference for roundabouts, and non - motorized facilities standards This section also includes a conceptual roadway network and preferred street typologies map (Figure 1) SKIA Subarea Plan, Section E Capital Facilities Plan — The Capital Facilities Plan identifies the Roadway Improvement Projects (local and state) as listed in Tables 1, 2 and 3 and Figure 1, below a. Local roads Mitigation payments for specific development proposals will be determined as follows 1 Development proposal applications submitted to the City for planned action review will include a PM peak hour trip generation and distribution report Unless otherwise approved by the City, the applicant shall estimate trip generation for proposed developments in a two -step process i Gross trip generation shall be estimated using rates published by the Institute of Traffic Engineers (ITE), which compiles trip generation counts throughout the country for a variety of land -use types' 11 The gross estimate of total PM peak hour trips as described above shall be reduced by 46% in order to reflect the SKIA - specific trip generation rates observed as part of the EIS process z Over time, the City may review trip generation rates to ensure that the 46% reduction continues to accurately reflect SKIA trip generation 2 The City will review and verify the PM peak hour trip report in determining the proportional impact of the proposal on local roadway network projects (see Table 1 on page 9) The proposal's percentage share contribution for these improvements will be based on its proportional impact 'Institute of Transportation Engineers (ITE), Trip Generation, 8 th Edition, 2008 Future development proposals should use information from the most current edition of Trip Generation Z Based on observed trip counts, SKIA generates 46% fewer trips than expected under the ITE Manual SKIA Planned Action Ordinance Exhibit B 3 Development applicants will be responsible for paying 20% of the total cost of their impact on the local roadway network (see Table 2 on page 10) The City will assume responsibility for the remaining 80% of the cost of the local roadway network 4 The number of PM peak hour trips will then be multiplied by the reduced cost of each trip as specified in Table 2 on page 10, to arrive at the traffic mitigation fee Mitigation payments made through this process shall not be duplicative of other transportation contributions made through BMC 1112 070 and /or other voluntary contributions for transportation improvements that meet the intent of this requirement, as determined by the City Over time, the City may review the costs listed in Tables 1 and 2 and adjust costs based on changes in the Consumer Price Index (U S Bureau of Statistics) b. State roads The EIS and Subarea Plan recognize that coordination with the Washington State Department of Transportation ( WSDOT) to ensure that improvements to state facilities needed as a result of growth and development in SKIA is essential The City should work with WSDOT to prepare a Memorandum of Understanding (MOU) or other instrument to establish the process for improvements to state facilities impacted by SKIA development The MOU may address the timing, design and funding of state facilities, and /or such other topics as the parties may determine B. Other Mitigation c. Transit, Bicycle, and Pedestrian Circulation Assuming the transit, bicycle, and pedestrian elements of the SKIA Subarea Plan are implemented, no additional mitigation measures are required for these modes of travel d. Traffic Safety Future development would lead to additional traffic passing through the Collision Analysis Location (CAL) identified by WSDOT at SR 3 near Lake Flora Road Implementing the intersection improvements described above to improve traffic operations at the SR 3 / Lake Flora Road intersection should also reduce the number of collisions, particularly those where failure to yield was the primary cause While this impact is considered less- than - significant with mitigation, monitoring of this location should continue after the implementation of any improvements at the intersection 8 SKIA Planned Action Ordinance Exhibit B Table 1. SKIA Subarea Plan Capital Facilities Plan: Local Road Projects # Project Description Cost New roadway west of SR -3 at Cross SKIA Tl Area B Collector Road $ 4,441,400 intersection T2 Area C Collector Road New roadway south of Lake Flora Road to 1,835,600 the Belfair Bypass T3 Area D Collector Road Portion of new roadway south of Lake Flora 498,000 Road T4 Area F Collector Road New roadway north from Lake Flora Road 3,140,000 T5 Area G Collector Road New roadway east from Cross SIGA Road 415,100 T6 Area A Local Access Road 043 miles of local access roads 681,100 T7 Area B Local Access Road 130 miles of local access roads 2,059,200 T8 Area C Local Access Road 130 miles of local access roads 2,059,200 T9 Area D Local Access Road 0 35 miles of local access roads 554,400 T10 Area E Local Access Road 0 74 miles of local access roads 1,172,200 T11 Area F Local Access Road 100 miles of local access roads 1,584,000 T12 Area G Local Access Road 0 52 miles of local access roads 823,700 T19 Analysis Area C/D and New intersection southeast of existing Lake 1,000,000 Lake Flora Road Flora Road / SR 3 intersection T20 Cross -SKIA Connector and New intersection at southern terminus of 1,000,000 Lake Flora Road extension of Cross -SKIA Connector T23 Lake Flora Widening Widening to southern end of potential 3,201,100 southern end of Cross -SKIA Road T25 Trails 12 miles of trails 1,300,000 Total Cost of Local Roads 25,765,000 Source SKIA Subarea Plan, Capital Facilities Plan 2012 i 9 SKU Planned Action Ordinance Exhibit B Table 2. SKIA -Wide Local Roadway Network Cost 1.2 Projects SKIA PM Peak Cost Cost per PM 20% of Cost per Hour Trips Peak Hour Trip PM Peak Hour Trip All Local Roadway 4,576 $25,765,000 $5,630 $1,126 projects listed in Table 1 Source SKIA Subarea Plan, Capital Facilities Plan 2012 Note 1 Mitigation payments made through this process shall not be duplicative of other transportation contributions made through BMC 1112 070 and /or other voluntary contributions for transportation improvements that meet the intent of this requirement, as determined by the City 2 Over time, the City may review the costs listed in Tables 1 and 2 and adjust costs based on changes in the Consumer Price Index (US Bureau of Statistics) Table 3. State Roads T13 SR 3 /Imperial Way Signalize intersection, modify approaches 2,000,000 T14 SR 3 / Sunnyslope Signalize intersection, modify approaches 2,000,000 Road T15 SR 3 / SR 16 / Sam Grade separation 63,000,000 Christopherson Ave T16 Old Clifton Road / SR Signalize intersection add dedicated right turn 1,000,000 16 Eastbound Ramps EB and dedicated left turn WB T17 Old Clifton Road / SR Signalize intersection 500,000 16 Westbound Ramps T18 Analysis Area C and New intersection southwest of existing Lake 2,000,000 SR 3 Flora Road / SR 3 intersection Cross -SKIA Connector New intersection at northern terminus of Cross - T21 / Analysis Area B / SR 500,000 3 SKIA Connector T22 SR 3 Widening Widening from Imperial Way to Gorst 109,000,000 T24 Belfair Bypass 2-lane divided highway with capability for 4 76,000,000 lanes Total Cost of State Roads $256,000,000 Source SKIA Subarea Plan, Capital Facilities Plan 2012 10 SKIA Planned Action Ordinance Exhibit B Figure 1 Roadway Project Locations 1 ' '.b„ Naltx 1 ClT1'OF BRFr+1ERTON I WYOF"rOKHMD TIS I 1 I 1 1 T17 - ` I T14 1 T16 1 r — 8 � s" 4 9 Lr SE SedgNMkMd Old ooltoe ad _ I C'. T1 AreaG 0 _ Area Br TS T13 t L Aroa A $ LEGEND L T19 ___. C008CWRosds %o T23 _. Proposed BeHae Bypass Area F SKIAMW T4 VOW <:> POW" DmdWmeM Areas C rea D a r TA Specdre TMNPWWW i T2 T3 Pra)ects i (roads aderdn"39 a etc.) r ® Area TrBnaporMan Projects All Oevetopment Area Traits (WW ateeaa tradS Oft) o r i r N NOT TO SCALE VII. PUBLIC SERVICES Mitigation measures can be taken to prevent or further minimize environmental consequences to public services, including • Coordinate with South Kitsap Fire and Rescue and Bremerton Police Department during final design, construction, and operation of future development under proposed action to ensure that reliable emergency access is maintained i 11 SKU Planned Action Ordinance Exhibit B UTI LITI ES A. Stormwater 1 Applicable Regulations and Requirements • Water quality and quantity impacts can be mitigated by the practices required by the City's regulatory process for stormwater (BMC 15 04) B. Water and Wastewater 2 Applicable Regulations and Requirements • Bremerton Municipal Code 15 02 and 15 03 set forth standards for water and wastewater with which all development must comply • Future development would comply with adopted City policies and regulations in the SKIA Subarea Plan, Section E Capital Facilities Plan and other applicable water and wastewater planning documents The SKIA Subarea Plan Capital Facilities Plan identifies water and sewer projects in SKIA as shown in Table 4 • The Capital Facilities Plan establishes that SKIA developers /property owners are responsible for the local access water and wastewater utility lines that provide access to their property from the core system The cost of core system improvements could be paid by one or any combination of the City, SKIA developers, and /or property owners Because requirements will vary depending on the location and nature of the proposal, the City will work with applicants on a case -by -case basis to determine project- specific needs 12 SKU Planned Action Ordinance Exhibit B Table 4 Water and Sewer Projects Water System Projects Project Cost 16" Transmission Main from City system to New Reservoir $ 2,201,000 1,000,000 Gallon Water Storage Reservoir and Miscellaneous Pump Station & 2,545,900 Treatment Upgrades Primary 16" Loop 5,995,300 Secondary 8" & 10" Loops Built Along with Local Access Roads 1,590,800 Total 12,333,000 Sewer System Projects' Project Cost Secondary 8" & 10" Gravity Sewer Built Along with Local Access Roads $ 2,080,300 Sewer Service for Area G 4,921,100 Pump Station 1 4" Force Main 8" —10" Gravity Sewer New Membrane Bioreactor (MBR) Plant #1 with Re -Use, Sewer Service for 13,499,300 Areas A (partial) and B MBR Plant Pump Station 2 6" Force Main Winter Sewage Disposal / Groundwater Recharge Re -Use ex 8" DI Water for Reclaimed Water Effluent to Golf Course 8" —10" Gravity Sewer New MBR Plant #2 with Re -Use 12,391,000 MBR Plant Pump Station 3 6" Force Main Sewer System Projects (cont.) 8" —10" Gravity Sewer Winter Sewage Disposal / Groundwater Recharge Sewer Service for Areas E & F 2,433,000 Pump Station 4 4" Force Main 8" —10" Gravity Sewer Total 35,324,700 13 SKU Planned Action Ordinance Exhibit B SKIA Planned Action Ordinance Exhibit C South Kitsap Industrial Area Planned Action Modified SEPA Environmental Checklist Purpose of checklist: On August 1, 2012, the City of Bremerton adopted Ordinance , establishing a planned action designation for the South Kitsap Industrial Area (SKIA) Subarea, pursuant to the State Environmental Policy Act Environmental review for the SKIA Subarea Plan was conducted through preparation of a Planned Action EIS (Draft EIS dated June 9, 2011 and Final EIS dated March 29, 2012) WAC 197 -11 -172 establishes the procedures for project -level review within the planned action area, stating that "Review of a project proposed as a planned action is intended to be simpler and more focused than for other projects " Verification that probable significant impacts of the proposed project have been adequately addressed in the EIS is established through review of an environmental checklist The Second Engrossed Substitute Senate Bill (2ESSB) 6406, as adopted during the 2012 Washington State legislative session, establishes that a city may utilize a modified checklist to determine consistency with a planned action ordinance The City of Bremerton has adopted this modified checklist as part of the SKIA planned action ordinance instructions for applicants. This environmental checklist asks you to describe basic information about your proposal Answer the questions briefly, with the most precise information known, or give the best description you can You must answer each question accurately and carefully, to the best of your knowledge In most cases, you should be able to answer the questions from your own observations, project plans, or the SKIA Subarea EIS without the need to hire experts If you do not know the answer, or if a question does not apply to your proposal, write "do not know' or "does not apply" Staff will review and comment on specific items of this checklist, as appropriate Questions about environmental elements that were analyzed in the SKIA Subarea Plan EIS ask for confirmation as to whether the proposed project is consistent with analysis in the EIS In order to respond to these questions, the EIS is available online at www sustainableskia com or at Bremerton City Hall, 345 6 Street, Suite 600, Bremerton °� 0 D �.`' 1. Name of proposed project 2. Name of applicant 3. Address and phone number of applicant and contact person 1 SKIA Planned Action Ordinance Exhibit C 4. Date checklist prepared S. Proposed timing or schedule (including phasing, if applicable) 6. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposals If yes, explain 7. In addition to the SKIA Subarea Plan EIS, list any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal 8. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain 9. List any government approvals or permits that will be needed for your proposal, if known 10. Give brief, complete description of your proposal, including the square footage of proposed uses and the site area 11. Please provide a street address or legal description to allow confirmation that the project site is located within the SKIA Subarea Plan boundary 2 SKIA Planned Action Ordinance Exhibit C • Q � n � -'�^�' $ "` a. r' 'a"3 ✓'ti '{ � y 4 T� y �,,,� a $ F (�(� �,�,,�� o z a General description of the site (circle one) Flat, rolling, hilly, other b. What is the steepest slope on the site (approximate percent slope)? c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe e. Describe the purpose, type, and approximate quantities of any filling or grading proposed Indicate source of fill f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? 3 SKIA Planned Action Ordinance Exhibit C h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any a� yr t 33X r a a. What types of emissions are expected to result from the proposed development? b. Describe proposed measures to reduce or control emissions to air or to reduce greenhouse gas emissions, as applicable , ;�•�,., ' a . 4" , �.FSe� +`�, ° z �: � §' , n. rY `'' , �o- `' saANis � �� ; .o .4�,s 4 ,da: � . f a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year - round and seasonal streams, saltwater, lakes, ponds, wetlands) If yes, describe type and provide names If appropriate, state what stream or river it flows into 2) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected Indicate the source of fill material 3) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known 4 SKIA Planned Action Ordinance Exhibit C 4) Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan 5) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge b. Ground: 1) Will groundwater be withdrawn, or will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known c. Water runoff (including stormwater): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known) Where will this water flow? Will this water flow into other waters? If so, describe d. Describe measures, if any, beyond those described in the SKIA Subarea Plan EIS proposed to reduce or control surface, ground, and runoff water impacts ti ~ a. Check or circle the types of vegetation found on the site _deciduous tree alder, maple, aspen, other _evergreen tree fir, cedar, pine, other _shrubs _grass _wet soil plants cattail, buttercup, bulrush, skunk cabbage, other _water plants water lily, eelgrass, milfoil, other _other types of vegetation 5 SKIA Planned Action Ordinance Exhibit C b. What existing vegetation will be removed or altered? c Describe measures, if any, beyond those described in the SKIA Subarea Plan EIS, proposed to address potential impacts to the vegetation a. What types of birds and animals are known to be on or near the site? b. List any threatened or endangered species known to be on or near the site c Describe measures, if any, beyond those described in the SKIA Subarea Plan EIS, proposed to address potential impacts to the fish and wildlife n E • • � � � '*� ., ,��?A af"3'r�<i�w� '' �4f,C.j s `j s ��+r3ar 9 ✓�' f c ., :. e:a ,. i � s t , a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc b. What kinds of sustainable design features, such as measures identified in SKIA Subarea Plan Section D, are included in the plans of this proposal 6 SKIA Planned Action Ordinance Exhibit C a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe 1) Describe special emergency services that might be required 2) Proposed measures to reduce or control environmental health hazards, if any b Noise 1) What type of noise exists in the area which may affect your project (example traffic, equipment, operation, other) 2) What types and levels of noise would be created by or associated with the project on a short-term or a long -term basis (for example traffic, construction, operation, other)? Indicate what hours noise would come from the site 3) Proposed measures to reduce or control noise impacts, if any a e _ a. Describe the current use of the site and that of adjacent properties 7 SKIA Planned Action Ordinance Exhibit C b. Will any structures be demolished? If so, what? c. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify d. Describe the amount of industrial, office /service, retail or other development proposed e. Describe measures, if any, beyond those described in the SKIA Subarea Plan Planned Action EIS proposed to ensure the proposal is compatible with existing and projected land uses and plans a. What is the tallest height of any proposed structure(s), not including antennas, what is the principal exterior building material(s) proposed? b. If applicable, has the proposal achieved compliance with Federal Aviation Administration (FAA) regulations for height of structures? c. Proposed measures to reduce or control aesthetic impacts, if any 8 SKIA Planned Action Ordinance Exhibit C 1 e • e - �'$ � � �`�'}' � i " " � s `"`� , 4 ^+ ' l cg • R, ` . � ���, e .��- � ° 5 ^ �_" "� -cTx� B F w ,,,r r x ' c a. What type of light or glare will the proposal produce? What time of day would it mainly occur? b. If applicable, has the proposal achieved compliance with FAA regulations for potential light and glare on the Bremerton National Airport? c. Are measures to control light and glare proposed or needed? a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe b Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site c. Proposed measures to reduce or control impacts, if any ism • e e 9 a. Provide information describing the total number of trips and trip distribution pattern anticipated by the proposal Trip generation shall be estimated according to the following methodology 9 SKIA Planned Action Ordinance Exhibit C 1) Gross trip generation shall be estimated using rates published by the Institute of Traffic Engineers (ITE) [1] 2) The gross estimate of total PM peak hour trips as described above shall be reduced by 46 % 121 in order to reflect the SKIA - specific trip generation rates observed as part of the EIS process [3) b. As established in Exhibit B of the planned action ordinance, multiply the number of PM peak hour trips by the reduced cost per trip specified in Table 2 of Exhibit B (approximately 20% of the cost of each trip), to arrive at the traffic mitigation cost 141 c. Describe measures, if any, beyond those described in the SKIA Subarea Plan EIS proposed to address transportation impacts of the proposal a. Describe the potential increased demand for police protection, and /or fire and emergency medical services resulting from the proposal (11 Institute of Transportation Engineers (ITE), Trip Generation, 8` h Edition, 2008 Future development proposals should use information from the most current edition of Trip Generation 121 Based on observed trip counts, SKIA generates 46% fewer trips than expected under the ITE Manual [3) Over time, the City may review and revised the trip reduction ratio in order to continue to accurately reflect SKIA trip generation rates 141 Development applicants will be responsible for paying 20% of the total cost of their impact on the local roadway network 10 SKIA Planned Action Ordinance Exhibit C b. Describe measures, if any, beyond those described in the SKIA Subarea Plan EIS proposed to reduce or control direct impacts on public services a. Circle utilities currently available at the site electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed C. SIGNATURE The above answers are true and complete to the best of my knowledge I understand that the lead agency is relying on them to make its decision Signature Date Submitted 11