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HomeMy WebLinkAbout03/27/2013 AGENDA in CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 Phone (360) 473 -5280 MARCH 27 2013 CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public but there will be no opportunities for input or participation; no action is anticipated during the Study Session; and the content of these items is subject to change. If approved by Council, the items will be placed on the April 3, 2013 Council Meeting Agenda: A. NO PRESENTATION PLANNED 1. Proposed Closed Record Hearing on an ordinance approving a rezone of parcels 1008, 1016, and 1018 Burwell Street from "Low Density Residential" to "Warren Avenue Corridor" 2. Ordinance creating a new Section 15.06.025 of the Bremerton Municipal Code (BMC) entitled "Sewer Conservation Loan Program" B. FULL PRESENTATION ITEMS 3. Ordinance amending Chapter 2.50 of the Bremerton Municipal Code (BMC) entitled "Management and Professional Staff Compensation Program" 4. Proposed Public Hearing on an ordinance adopting the results of the Utility Rate Study (A Water Rate structure must be determined between Option 1, Option 2, or Option 3... ) C. GENERAL COUNCIL BUSINESS 1. Finance Committee Briefing — Eric Younger, Chair 2. Other General Council Business (As necessary...) D. ADJOURNMENT OF STUDY SESSION ® Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473 -5323 by noon on the Monday preceding the Council meeting. w lwn Water Residential Rate Options Water Rate Option 1 Water Rate Option 2 Water Rate Option 3 Reduced Service Charge, Existingj. Reduced Service Charge, F1 Existing Service - Existin 2-Block Commodity Charge Commodity Charge 2-Block Commodity Charge Size 2013 Size Existing 2013 Size Existing 2013 5/8" $ 22.76 $ 20.48 5/8" $ 22.76 $ 20.48 5/8" $ 22.76 $ 22.76 it 26.02 23.42 1 '' 26.02 23.42 1 '' 26.02 26.02 1.5" 36.98 33.28 1.5'' 36.98 33.28 1.5" 36.98 36.98 Comm odity .. Commod Charge B (0 -20) $ 1.23 $ 1.74 Flat Charge $ 1.77 B1 (0 -4) $ - B2 (20. 1 +) 1.39 1.96 B2 (5 -20) 2.18 B2 (20. 1 +) 2.47 Fixed meter service charges are the same for all classes •:;> FCS GROUP From: Christine Grenier On Behalf Of City Council Sent: Wednesday, March 27, 2013 9:28 AM To: 'Roy Runyon' Subject: RE: Mar. 27, 2013 Study Session Agenda Good morning, Roy. I have shared your questions and comments with the Council. Christine cc: Chal Martin Roger Lubovich Becky Hasart Charlotte Belmore From: Roy Runyon [ mailto:d4bremerton(o)yahoo.com ] Sent: Tuesday, March 26, 2013 9:19 PM To: City Council Subject: Mar. 27, 2013 Study Session Agenda Council Members, Please see attached my questions and comments on several of the Study Session Agenda items. Thanks, Roy Runyon Citizen 360 - 440 -0620 ( #A -2) Ordinance creating a new Section 15.06.025 of the Bremerton Municipal Code (BMC) entitled "Sewer Conservation Loan Program" Why does the City wanna' duplicate an existing program called Craft3 Clean Water Loans for both Residential and Commercial Property owners? Here's the link: http : / /craft3.org/Borrow /SepticLoans I suggest the following sentence in Section 1 (d)(8) be moved to Section 1(a): Loans shall be limited by available funds. The amount of available funds shall be at the discretion of the City Council and shall be determined periodically by City Council motion, resolution, or ordinance. A11 funds used for loan purposes shall be derived from operating revenues from the sale of sewer services. Why not require means testing to either limit loan awards to low /moderate income applicants or to ensure low /moderate applicants have first priority before higher income applicants can receive loans? ( #B-3) Ordinance amending_ Chapter 2.50 of the Bremerton Municipal Code entitled "Management and Professional Staff Compensation Program" The Agenda Bill FISCAL IMPACTS state "None." Yet SECTION 3.2.50.070 (a) states: "manager or professional staff member who can provide documentation of alternative medical insurance coverage may elect to receive ene two hundred fifty dollars ($4-M 250.00) per month in lieu of enrolling in a medical plan offered by the City. How much does the City hope to save through increasing this incentive? How much might it cost the Cit ( #B -4) Proposed Public Hearing on an ordinance adopting the results of the Utility Rate Study (A Water Rate Structure must be determined between Option 1. Option, or Option 3... ) I support Council adoption of Water Rate Structure Option 3 because it encourages conservation (stay below 4HCF); takes into account existing consumption patterns; and keeps water rates reasonable for the. large population of low /fixed income residents in our City. ______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 Phone (360) 473-5280 MARCH 27, 2013 CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public but there will be no opportunities for input or participation; no action is anticipated during the Study Session; and the content of these items is subject to change. If approved by Council, the items will be placed on the April 3, 2013 Council Meeting Agenda: A. NO PRESENTATION PLANNED 1. Proposed Closed Record Hearing on an ordinance to approve a rezone of parcels 1008, 1016, and 1018 Burwell Street from "Low Density Residential" to "Warren Avenue Corridor" 2. Ordinance creating a new Section 15.06.025 of the Bremerton Municipal Code (BMC) entitled "Sewer Conservation Loan Program" B. FULL PRESENTATION ITEMS 3. Ordinance amending Chapter 2.50 of the Bremerton Municipal Code entitled "Management and Professional Staff Compensation Program" 4. Proposed Public Hearing on an ordinance adopting the results of the Utility Rate Study (A Water Rate Structure must be determined between Option 1, Option, or Option 3...) C. GENERAL COUNCIL BUSINESS 1. Finance Committee Briefing – Eric Younger, Chair 2. Other General Council Business (As necessary...) D. ADJOURNMENT OF STUDY SESSION Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk’s Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Closed Record Hearing and ordinance to approve a rezone of three parcels: 1008, 1016 and 1018 Burwell Street to Warren Avenue Corridor zoning Study Session Date: March 27, 2013 COUNCIL MEETING Date: April 3, 2013 Department: DCD Presenter: Allison Daniels Phone: 360.473.5845 SUMMARY: Consistent with the 2012 Comprehensive Plan Amendments, the action before the Council is to grant approval of a rezone of the subject parcels 1008, 1016, and 1018 Burwell Street from Low Density Residential (R10) to Warren Avenue Corridor (WC). ATTACHMENTS: A) Staff Memorandum B) Proposed Ordinance  Exhibit A – Hearing Examiner Findings, Conclusions, and Recommendation  Exhibit B – Zoning Map Amendment FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. _____ approving a rezone of 1008, 1016 and 1018 Burwell Street from “Low Density Residential” to “Warren Avenue Corridor”. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 To: City Council From: Allison Daniels, Planner Date: March 28, 2013 Re: Burwell Rezone – BP13 00001 This action is to rezone 1008, 1016 and 1018 Burwell Street from Low Density Residential (R10) to Warren Avenue Corridor (WC). This action is required to make the City’s Zoning fully consistent with the recently changed Comprehensive Plan land use designation for the subject parcels to the Downtown Regional Center Subarea Plan (DSAP) designations. The Bremerton Municipal Code (BMC) 20.40.170 requires consistency between the Comprehensive Plan land use designations and the zoning. The current zoning of the site of R10 is not consistent with the land use designation of the DSAP and a rezone is required to be fully compliant with the Comprehensive Plan. The 2012 Comprehensive Plan Amendment docket, passed by City Council on December 5, 2012 by Ordinance No. 5202, contained the land use designation change for this site and therefore created this inconsistency. This rezone action is to resolve the inconsistency since the adoption of the 2012 Comprehensive Plan Amendment docket. Rezone actions are classified by the BMC as a “Type IV City Council Decision” whereby the City’s Hearing Examiner holds the open-record public hearing, creates the official public record for the rezone, and provides a recommendation to the City Council. The Hearing Examiner conducted the public hearing on February 25, 2013 and issued a recommendation of rezone to WC on February 28, 2013 (see Exhibit A of the proposed ordinance for the Examiner’s recommendation, findings and conclusions). Staff recommends that the Council conduct a closed-record public hearing, consider the record and recommendation prepared by the Hearing Examiner, and approve the rezone to WC for the properties 1008, 1016 and 1018 Burwell Street. DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM 1 2013 Zoning Map Amendment ORDINANCE NO. ____ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Official Zoning Map for three tax parcels located at 1008, 1016, and 1018 Burwell Street from Low Density Residential (R10) to Warren Avenue Corridor (WC), to establish zoning that is consistent with the 2012 Comprehensive Plan Amendment Docket (Ord. 5202). WHEREAS, the City of Bremerton Municipal Code (BMC) Chapter 20.10 allows applications for annual amendments to the Comprehensive Plan, and consistent with this annual process city staff initiated the Comprehensive Plan land use change for the subject parcels located on Burwell; and WHEREAS, on October 4, 2012 a SEPA DNS was issued for the Comprehensive Plan Amendment docket with an administrative appeal deadline of October 18, 2012 and no appeals were filed; and WHEREAS, on October 9, 2012 the Bremerton Planning Commission held a public hearing and made recommendation to City Council for approval of the Comprehensive Plan land use change from Low Density Residential (R10) to Downtown Regional Area Subarea Plan for the three subject parcels located at 1008, 1016 and 1018 Burwell Street; and WHEREAS, on December 5, 2012 City Council held a Public Hearing, and adopted Ordinance No. 5202 adopting the 2012 Comprehensive Plan Amendment Docket which included the land use change of the subject parcels consisting of 0.49 acres located on Burwell Street to the Downtown Regional Area Subarea Plan; and WHEREAS, pursuant to Bremerton Municipal Code 20.40.170 City’s zoning designations are required to be fully consistent with underlying Comprehensive Plan land use designations; and WHEREAS, the current zoning of the site of Low Density Residential (R10) is not consistent with the land use map and the proposed rezone to Warren Avenue Corridor within the Downtown Regional Subarea Plan brings the site into conformance with the Comprehensive Plan land use map and is consistent BMC 20.40.170; and WHEREAS, the City of Bremerton Municipal Code (BMC) Chapter 20.02 specifies procedures for rezone applications by property owners, and a complete application for the rezone of 1008, 1016 and 1018 Burwell was submitted to the City on January 2, 2013; and WHEREAS, on January 31, 2013 a Notice of Adoption of Existing Environmental Documents was filed with the Washington State Department of Ecology under the provisions of 2 2013 Zoning Map Amendment WAC 197-11-630 indicating that the environmental record that was created for the 2012 Comprehensive Plan amendment docket was sufficient for this proposed rezone action; and WHEREAS, site specific rezones are a Type IV decision requiring the Hearing Examiner to hold an open record hearing and provide a recommendation to the City Council; and WHEREAS, on January 16, 2013 the public was notified by legal advertisement in the Kitsap Sun of the opportunity to comment and participate in the open record public hearing held by the Hearing Examiner; and WHEREAS, on February 25, 2013 the Hearing Examiner conducted an open record public hearing on the rezone to change the designation 1008, 1016 and 1018 Burwell Street from Low Density Residential (R10) to Warren Avenue Corridor (WC); and WHEREAS, on February 28, 2013 the Hearing Examiner issued findings, conclusions, and recommendation to rezone the subject property to WC; and WHEREAS, on March 15, 2013 the public was notified by legal advertisement in the Kitsap Sun for a closed record public hearing for the proposed rezone; and WHEREAS, on April 3, 2013 the City Council conducted a closed record public hearing to consider the rezone proposal; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals Incorporated. The recitals set forth in this ordinance are hereby incorporated as if fully set forth herein. SECTION 2. The findings, conclusions and recommendation of the Hearings Examiner attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein. SECTION 3. The Official Zoning Map is hereby amended to change the zoning of 1008, 1016 and 1018 Burwell Street (Parcel Nos. 3718-022-016-0003, 3718-022-012-0007, and 3718-022-014-0005) from Low Density Residential (R10) to Warren Avenue Corridor (WC) more particularly depicted in Exhibit B. SECTION 4. Severability. If any provision of this ordinance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remainder of this ordinance. Provided however, that if any provision of this ordinance is held invalid or unconstitutional, then the provision in effect prior to the effective date of this ordinance shall be in full force and effect for that individual provision as if this ordinance had never been adopted. 3 2013 Zoning Map Amendment SECTION 5. 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 ____________________, 2013 _________________________________ GREG WHEELER, Council President Approved this ________ day of ________________________, 2013 _________________________________ PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2013 EFFECTIVE the_________day of ______________________, 2013 ORDINANCE NO. ____________ R:\Legal\Legal\Ordinances\Community Development\2013 Zoning Map Amendment.doc AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. creating a new section 15.06.025 of the Bremerton Municipal Code (BMC) entitled “Sewer Conservation Loan Program” Study Session Date: 3/27/13 COUNCIL MEETING Date: 4/3/13 Department: PW&U / Finance Presenter: Bates & Hasart Phone: X5333 x5722 SUMMARY: The Sewer Conservation Loan Program is modeled after the City of Tacoma’s. The program is structured to assist residential home owners in the City’s utility service area that have a failing septic system and are required by the Health District to connect to the City’s sewer system but cannot afford to install the sewer laterals and pay the General Facility Charge (GFC). This program would allow the property owner to pay the GFC by making monthly payments over a period of time but not to exceed five years. The loan would be structured as a simple promissory note and secured by a deed of trust. The loan amount would not exceed $5,000.00. ATTACHMENTS: Ordinance FISCAL IMPACTS (Include Budgeted Amount): The amount of available funds shall be at the discretion of the City Council and shall be determined periodically by City Council. All funds used for loan purposes shall be derived from operating revenues from the sale of sewer services. STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Ordinance No. , creating a new section 15.06.025 entitled “Sewer Conservation Loan Program”; and authorize the Finance Director to finalize and execute the agreements with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 1 Sewer Conservation Loan Program ORDINANCE NO. ________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, creating a new Section 15.06.025 entitled “Sewer Conservation Loan Program.” WHEREAS, Chapter 15.06 BMC requires property owners to pay a General Facilities Charge (GFC) in order to connect to the City’s sewer system; WHEREAS, some residential homeowners in the City’s utility service area have failing septic systems and are required by the Health District to connect to the City’s sewer system but cannot afford to install the sewer laterals and pay the GFC; and WHEREAS, RCW 35.67.360 authorizes cities to use public moneys or credit derived from operating revenues from the sale of storm water or sewer services to assist property owners in financing a sewer connection; and WHEREAS, the City Council desires to enact a new section of the BMC entitled Sewer Conservation Loan Program to allow residential homeowners with failing septic systems to pay the GFC by making monthly payments over a period of time not to exceed five years; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 15.06.25 of the Bremerton Municipal Code entitled "Sewer Conservation Loan Program" is hereby created to read as follows: 15.06.025 SEWER CONSERVATION LOAN PROGRAM (a) Property owners who meet the requirements of this section may qualify for a loan known as a Sewer Conservation Loan pursuant to RCW 35.67.360. A Sewer Conservation Loan under this section is a loan from the City to a property for all, or a portion, of the GFC established under BMC 15.06.020 and any inspection fees related to connection to the City’s sewer system. The principal amount of the loan authorized by this section shall not exceed the amount of the GFC, together with inspection fees. (b) In order for a property owner to qualify for a loan under this section, the property to which the connection is to be made must be: (1) within the City’s sewer service area; (2) a developed lot with an existing single-family home; and (3) served by a septic system that has been designated as a failed septic system by the Kitsap Public Health District. (c) In order to qualify for a loan under this section, the property owner must: (1) complete a Sewer Conservation Loan Application; (2) pay the Sewer Conservation Loan Application fee; (3) have no utility shut-offs within the 36 months prior to the date of the Sewer Conservation Loan Application; 2 Sewer Conservation Loan Program (4) execute a promissory note and deed of trust under the terms set out in this section; (5) pay the recording fee to record the deed of trust; and (6) if outside city limits, agree not to protest any annexation petition that includes the property being connected to the City’s sewer system and grant the City a Limited Power of Attorney to include consent to the annexation of said property as part of any Notice of Intent or Petition for Annexation presented to the City. (d) The terms of the loan shall be as follows: (1) The loan will be structured as a simple promissory note. (2) The term of the note shall not exceed 5 years, commencing on the date the property owner executes the promissory note. (3) The note will bear interest at the rate which is based on the City’s current investment yield at the time of the loan, plus a two percent margin to cover administrative costs and interest rate fluctuations over the loan period. (4) The loan will be secured by a deed of trust, or such other instrument as may be acceptable to the City Finance Director and City Attorney. (5) The note shall provide for acceleration of the principal upon default in any payment. In the event of default, the City shall have all available remedies, including, but not limited to, foreclosure of its interest in the property, notification of credit bureaus, use of collection agencies, and terminating service. (6) Loan principal and interest charges will be amortized and billed by the City and due monthly. The monthly payment will be no lower than $50.00. Appropriate penalties may be imposed by the City for delinquent accounts. (7) There shall be no penalty for prepayment. (8) The note will contain a due on sale clause which provides for payment in full of all outstanding principal and interest upon sale of the property. Loans shall be limited by available funds. The amount of available funds shall be at the discretion of the City Council and shall be determined periodically by City Council motion, resolution, or ordinance. All funds used for loan purposes shall be derived from operating revenues from the sale of sewer services. SECTION 2. Severability. 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. SECTION 3. 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 ____________________, 2013 _________________________________ GREG WHEELER, Council President 3 Sewer Conservation Loan Program Approved this ________ day of ________________________, 2013 _________________________________ PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2013 EFFECTIVE the_________day of ______________________, 2013 ORDINANCE NO. ____________ R:\Legal\Legal\Ordinances\Public Works & Utilities\Sewer Conservation Loan Program.doc AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. ______ amending Chapter 2.50 of the Bremerton Municipal Code entitled “Management and Professional Staff Compensation Program.” Study Session Date: March 27, 2013 COUNCIL MEETING Date: April 3, 2013 Department: Human Resources & City Attorney’s Office Presenter: Charlotte Belmore & Roger Lubovich Phone: 473-5926 & 473-2345 SUMMARY: Chapter 2.50 of the Bremerton Municipal Code is being amended to clarify language relating to salary rate advancements as well as vacation pay-out for management and professional employees and to make other related changes and updates to certain provisions of the chapter. ATTACHMENTS: Proposed Ordinance FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☐ No Discussion ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. _____ amending Chapter 2.50 of the Bremerton Municipal Code entitled “Management and Professional Staff Compensation Program.” COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 Chapter 2.50 Updates 1 ORDINANCE NO. ________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 2.50 of the Bremerton Municipal Code entitled “Management and Professional Staff Compensation Program” to clarify provisions and make related changes and updates to certain provisions. WHEREAS, the City Council desires to amend Chapter 2.50 of the Bremerton Municipal Code to clarify language relating to salary rate advancements as well as vacation pay-out for management and professional employees and to make other related changes and updates to certain provisions of the chapter; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2.50.032 of the Bremerton Municipal Code entitled "Actual Salary Rate" is hereby amended to read as follows: 2.50.032 ACTUAL SALARY RATE. Each person included in the plan shall have his or her actual salary rate set as follows: (a) Initial Rate. The salary rate of a person upon appointment to a management or professional position shall be set no lower than Rate 1 of the salary band to which an employee’s position is assigned. When it is in the best interest of the City, the City Council may authorize an initial salary of a newly hired person at a rate which exceeds Rate 1. (b) Salaries may be increased as follows: (1) In-RangeSalary Rate AdjustmentAdvancement. Each person hired on or after January 1, 1993, shall be eligible for a salary rate advancement upon completion of twelve (12) full months of regular (as opposed to interim) service at each rate in the salary band. Each person employed in a position in the plan on January 1, 1993, shall be eligible for a salary rate advancement on January 1st of each calendar year. To receive an in-rangea salary rate adjustmentadvancement, the employee must be evaluated as "meets expectations" (or equivalent) on his or her work performance evaluation. Salary rate advancements shall be an increase of one rate in the same salary band, if available. (2) Additional Advancement. Those employees who receive a rating that exceeds the rating "meets expectations" (or equivalent) may be eligible to receive an additional adjustmentsalary rate advancement for an increase of one additional rate in the same salary band, if available, above the initial rate advancement provided in subsection (b)(1). The adjustment, if in excess of one (1) rate, This additional advancement shall require the be determined by recommendation of the department head, or equivalent, and approval of the Mayor, with the approval of the City Council. Any rate advancements above these rate increases shall require City Council approval. Chapter 2.50 Updates 2 (3) A rate advancement that was denied may be granted following a minimum sixty (60) day review period of the employee’s performance. (4) Notwithstanding the above, when it is in the best interest of the City, the City Council upon the recommendation of the Mayor may authorize an in-range adjustment to provide additional salary in instances of promotion, to provide for internal equity corrections, or for another reason deemed appropriate by the City Council. (c) Rate at Upgrading or Downgrading Changes to Employee Classifications. (1) Downgrading an Employee’s Classification. Upon the City Council’s approval of downgrading a person’s classification to a lower salary band, the person’s initial salary rate will be set at the same rate in the new band that was in effect in the former salary band. In the event a person’s salary rate exceeds the maximum rate of the salary band to which his or her position is assigned on the date of downgrading, his or her actual salary rate shall be frozen until such time as the maximum rate of the new band is equal to or greater than his or her actual salary and, at such time, the employee’s salary rate shall be set at the maximum rate of the salary band to which his or her position is assigned. (2) Upgrading an Employee’s Classification. In the event an employee is moved from one (1) classification to another classification which is at a higher salary band or, iIf an employee’s classification is moved from one salary (1) band to a higher band (excluding promotions), the employee’s salary rate at the higher band shall be set at the next step rate which is higher than the salary he or she was receiving at the former band. Any additional rate advancements shall require City Council approval. The employee’s salary rate advancement date does not change. (3) Promotions. In the event an employee is promoted from one classification to a higher classification (one salary band to a higher salary band), the employee’s salary rate at the higher band shall be set at the next steprate which is higher than the salary he or she was receiving at the former band. Promoted employees shall be eligible for a salary rate advancement upon completion of twelve (12) full months of regular (as opposed to interim) service at each rate in the new salary band, which shall be the employee’s new salary rate advancement date. Any additional rate advancements shall require City Council approval. Time the employee had served at the former step shall be used in determining the time required to advance to the next step of the new band. SECTION 2. Section 2.50.040 of the Bremerton Municipal Code entitled "Work Schedules and Leave Benefits" is hereby amended to read as follows: 2.50.040 WORK SCHEDULES AND LEAVE BENEFITS. (a) Work Schedules. Full-time managers and professional staff shall arrange such work schedules as are needed for the effective accomplishment of work and which shall be the equivalent of forty (40) hours per week, including paid holiday, vacation and sick leave time. The work schedules of part-time managers and professional staff shall be apportioned accordingly. Alternative work schedules to the forty (40) hour week may be authorized by the department director and Human Resources Manager. Managers and professional staff may be called back to their work place at any time to respond to emergencies. Managers and professional staff covered by this Program are non-covered or exempt from the Fair Labor Standards Act’s overtime provisions. Chapter 2.50 Updates 3 (b) Holiday Time. Managers and professional staff shall receive a full day of time off without loss of compensation for each holiday observed by the City on the day the City observes the holiday and one additional floating holiday. Holidays observed by the City are: New Year’s Day Martin Luther King’s Birthday President’s Day Memorial Day Independence Day Labor Day Veteran’s Day Thanksgiving Day Day after Thanksgiving Christmas In addition, similar time off without loss of compensation is granted for any other holiday which the City Council takes specific official action to observe. (c) Vacation Leave Time. (1) Vacation Leave. Managers and professional staff shall be granted vacation time off without loss of compensation based upon years of employment in management or professional position(s) as follows: through 2 full years 15 days (120 hours) through 5 full years 20 days (160 hours) after 5 full years and thereafter 25 days (200 hours) Managers and professional staff employed in a position covered by this plan on January 1, 1991 shall be granted 20 days of vacation time off during each calendar year without loss of compensation until they have completed five full years of emplo yment and qualify for 25 days each calendar year. Upon hire and with the approval of the Mayor, the vacation leave time granted a new staff member may be set at 20 days or if a current City employee at 25 days unless otherwise approved by City Council. (12) Vacation Availability-Adjustment at Hire or Separation. Annual vacation leave is granted in full on January 1 of each calendar year; however, a pro-rata increase shall accrue on the employee’s anniversary date in the year the employee qualifies for a larger vacation benefit. Managers and professional staff who are hired or who separate from employment with the City within a budget year receive vacation days on a pro-rated basis which covers the time of employment. (23) Vacation Eligibility. Vacation time is taken in segments of one whole day or more. Vacation leave available to a manager or professional staff member at the beginning of a vacation leave is to be sufficient to cover any vacation time to be taken. (3) Minimum Vacation Use and Scheduling. Sufficient vacation time is to be taken each year so as to have no more than five (5) days of the leave allocated in a calendar year added to the amount carried forward to the following year. Vacation leave is scheduled by mutual agreement with immediate superiors. Unused vacation leave may be used for unexpected emergency absences. (4) Maximum Unused Vacation: . The maximum vacation time that shall be allowed to carry forward from one calendar year to the next is as follows: Chapter 2.50 Updates 4 Years of Continuous Employment Maximum Balance 0 through Five (5) years 20 Days (160 hours) More than Five (5) years 30 Days (240 hours) In the event a manager or professional staff member has not reduced his or her vacation balance to the maximum allowable carryover at the end of a calendar year, excessive days are forfeited unless the Mayor grants an extension of time beyond the end of the calendar year during which all vacation days which exceed the maximum allowable carryover are to be taken. (5) Vacation Pay-Out. Upon separation from City employment, unused vacation time will be paid to the manager in a cash payment after the vacation balance has been adjusted as described in (c)(1) above. Vacation time paid out will not exceed maximums established in (c)(4) above. Upon separation from City employment, unused vacation time will be paid to the manager or professional staff member in a cash payment as follows: i. Prorated Adjustment. Vacation time balance accrued during the year of separation and adjusted pursuant to Subsection(c)(2) above, plus ii. Allowable Carryover Balance. The maximum allowable vacation time carryover established in Subsection (c)(4) above. Any unused vacation leave exceeding the maximum allowable carryover that has been approved by the Mayor for carryover pursuant to Subsection (c)(4) (d) Sick Leave Accrual. (1) Rate.Accrual. Sick leave is accrued at the rate of twelve (12) full days per year and is proportionately credited to sick leave balances each pay period. (2) Maximum Sick Leave Balance. Sick leave may be accrued to a maximum of 125 days. Upon reaching a maximum of 125 days, no further accrual is added until such time as sick leave time is taken. Accrued sick leave time is provided as a form of self-insured short term disability coverage and no cash payment for unused sick leave time is made under any circumstances except as set forth in Subsections not covered in (d)(2) 9 and 10 below. (3) Banked Sick Leave for Certain Managers and Professional Staff: Any person covered by this Program who was employed by the City on January 20, 1985 and who had accrued, unused sick leave time set aside in a sick leave bank at that time shall have the banked time remain on record and made available for his or her use. Upon service retirement from City service, the person shall receive payment of thirty-five percent (35%) of banked sick leave time to a maximum of 120 banked days (a maximum of 42 paid days). In the event the person dies while employed with the City, the person’s estate shall be paid for all days of banked time. (4) Sick Leave Incentive. Anyone who takes two (2) days or less of sick leave in a full calendar year shall have one day added to his or her vacation leave balance at the beginning of the following calendar year. (5) Sick Leave Use. Sick leave is charged in one day segments and must be accrued prior to use in order to qualify for paid sick leave time off. Shorter periods of absence due to any of the reasons provided below are administered by the Mayor under Chapter 2.50.040 (a) and are not charged to sick leave balances for salaried Chapter 2.50 Updates 5 employees. Sick leave is available up to the amount of accrued sick leave balance days and may be used for: i. Temporary disability resulting from personal illness or injury. ii. Providing care for children under the age of 18 when they have a health condition that requires parental supervision or treatment. iii. Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative health personal care or a child’s care, when such care requires parental presence to supervise or authorize treatment. iv. Pursuant to the Family Leave Act, to care for a sick child or other family member (spouse, parent, parent-in-law or grandparent). (6) Notification of Sick Leave Use. A person who is absent or expects to be absent from work due to causes specified in (5) above is to promptly notify the City by telephone or otherwise by 9 a.m., if possible, of the day of his or her scheduled work day. (7) Sick Leave During Authorized Paid Leave. A person who becomes ill or is injured during paid vacation, may request the conversion of the vacation leave to sick leave with pay by promptly notifying the City of the illness or injury and providing such information as is required by the City to verify the appropriateness of such a conversion. (8) Sick Leave Documentation and Approval. Within three days after returning to work, a person who has been absent on sick leave is to submit such forms and provide such information as is required by the City to approve the payment of sick leave. The Mayor may require a person to demonstrate that he or she has sought treatment or require other verification needed to assure that the person is fit for duty or as needed to approve paid sick leave for the absence. (9) Sick Leave Retirement Payment. An employee who retires from City service on a PERS or LEOFF service or disability retirement, shall 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 hourly wage rate in effect at the time of retirement. (10) Payment of Sick Leave Upon Death. In the event of the death of an employee, the employee’s estate shall be paid for the total accrued and unused sick leave hours at the employee’s regular hourly wage rate in effect at the time of death. (e) Bereavement Leave. Three (3) days of bereavement leave are allowed for attending funerals in the State of Washington and five (5) days for attending out of state funerals upon the death of a member of the immediate family. The first three (3) days of time off for Bereavement Leave will be compensated at the employee’s current salary. The additional two (2) days of time off for bereavement leave shall be charged against the employee's vacation, floating holiday, sick leave or compensatory time leave balance at the option of the employee. Immediate family is defined as spouse, child, stepchild, mother, father, step-parents, mother/father in-law, brother, sister, brother/sister in-law, grandparents and grandchildren of both an employee and his or her spouse. Bereavement leave may be charged to unused sick leave, vacation time or may be taken as unpaid leave by the employee. (f) Jury Duty, Witness Leave. Leave of absence with pay for the purpose of reporting to Jury Duty or if subpoenaed as a witness for the City is provided. Any juror or Chapter 2.50 Updates 6 witness fees received by a person for the performance of such duties shall be assigned to the City. (g) Military Leave. A leave of absence with pay for a period not to exceed 15 21 working days is granted for the purpose of responding to training orders as a member of the organized military reserves of the United States or of the State of Washington. (h) Administrative Leave. The Mayor may place any manager or professional staff member on paid administrative leave for up to 30 working days under circumstances which make it appropriate that the person be absent from the work place during the investigation, resolution or pendency of procedures appropriate to the circumstances involving the manager or professional staff member. The Mayor may place other lawful conditions upon the person on administrative leave as are deemed appropriate by the Mayor. (i) Leave of Absence. A leave of absence without compensation may be granted by the Mayor for a period of up to 30 working days and may be subsequently extended with the approval of the City Council. Any leave of absence greater than 30 days will be without compensation and benefits unless required by law. SECTION 3. Section 2.50.070 of the Bremerton Municipal Code entitled "Medical and Dental Insurance Benefits" is hereby amended to read as follows: 2.50.070 MEDICAL AND DENTAL INSURANCE BENEFITS. (a) A manager or professional staff member covered by this program and who qualifies for and is a member of the LEOFF I or II, and PERS I, II or III and II State Retirement Systems has the same medical and dental insurance plans, coverages and premium payments made available to him or her as are granted to the represented employees employed in his or her department who are included in that particular system. A manager or professional staff member who can provide documentation of alternative medical insurance coverage may elect to receive one two hundred fifty dollars ($150250.00) per month in lieu of enrolling in a medical plan offered by the City. Effective January 1, 2007, Tthe City will pay one hundred (100) percent of the cost of coverage for employees and dependents for vision coverage provided through the Association of Washington Cities. (b) Effective January 1, 2007, the The City will offer short-term disability insurance coverage to management and professional employees on a voluntary basis, which will be paid by the employee through payroll deduction. SECTION 4. Section 2.50.060 of the Bremerton Municipal Code entitled "Retirement Benefits" is hereby amended to read as follows: 2.50.060 RETIREMENT BENEFITS. Each manager or professional staff member covered by this Program will be enrolled in the Federal OASDI and/or State of Washington LEOFF I or II, or PERS I or , II or III, or PSERS retirement system for which he or she qualifies. Contributions to the respective retirement systems by the City and by each employee will be made in conformance with Federal FICA Laws and State Retirement Laws. SECTION 5. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall Chapter 2.50 Updates 7 not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 6. 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 ____________________, 2013 _________________________________ GREG WHEELER, Council President Approved this ________ day of ________________________, 2013 _________________________________ PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2013 EFFECTIVE the_________day of ______________________, 2013 ORDINANCE NO. ____________ R:\Legal\Legal\Ordinances\Human Resources\Chapter 2 50 (Final).doc AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing regarding Ordinance No. adopting the results of the Utility Rate Study Study Session Date: 03/27/13 COUNCIL MEETING Date: 04/03/13 Department: Finance/Public Works Presenter: Becky Hasart Phone: 360-473-5722 SUMMARY: Beginning in May 2012, the City has been conducting a comprehensive rate study to assess the revenue requirements needed for and costs associated with our Water, Sewer, and Stormwater utilities. After numerous meetings with the Citizens’ Advisory Committee, Council, and the public, the revenue requirements have been identified. As part of this process, there are three options presented for consideration regarding how we charge for residential water usage. The three options are as follows: Option One Option Two Option Three Base rate decrease Base rate decrease Base rate remains the same Two block commodity One flat commodity Two block commodity charge charge-both increased charge but increased increased but first 4HCF included in base rate For the study session, staff is requesting direction from Council on which residential option to incorporate into the ordinance adopting the results of the rate study. Once this is determined, the ordinance will be developed for consideration at the April 3, 2013 scheduled public hearing. ATTACHMENTS: Water Residential Rate Options Additional information and attachments may be found on the rate study web page at http://www.ci.bremerton.wa.us/ratestudy/ FISCAL IMPACTS (Include Budgeted Amount): For Stormwater, revenue target for 2013 would be $2.1 - $2.2 million, Sewer would be $12.9 – $13.1 million, and Water would be $8.2 - $8.3 million. STUDY SESSION AGENDA: ☐ No Discussion ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing RECOMMENDED ACTION: Provide consensus on which water rate structure option to use and provide consensus as to whether the outside service area multiplier for sewer services should be increased to 1.5 times to be consistent with water. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 1 Water Residential Rate Options Fixed meter service charges are the same for all classes Size Existing 2013 Size Existing 2013 Size Existing 2013 5/8"22.76$ 20.48$ 5/8"22.76$ 20.48$ 5/8"22.76$ 22.76$ 1"26.02 23.42 1"26.02 23.42 1"26.02 26.02 1.5"36.98 33.28 1.5"36.98 33.28 1.5"36.98 36.98 B1 (0-20)1.23$ 1.74$ Flat Charge 1.77$ B1 (0-4)-$ B2 (20.1+)1.39 1.96 B2 (5-20)2.18 B2 (20.1+)2.47 Water Rate Option 1 Water Rate Option 2 Water Rate Option 3 Existing Service Charge w/Allowance, 2-Block Commodity Charge Commodity Charge Reduced Service Charge, Flat Commodity Charge Commodity Charge Reduced Service Charge, Existing 2-Block Commodity Charge Commodity Charge