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HomeMy WebLinkAboutAgenda Packet 12/07/1999 AGENDA -' --" co cI, MEETING 321 EAST FIFTH STREET WASHINGTON, U.S.A. December 7, 1999 Becl~y Upton REGULAR MEETING - 6:00 p.m. City Clerh A. CALL TO ORDER - Regular Meeting (6:00 p.m.) ROLL CALL - PLEDGE OF ALLEGIANCE - CEREMONIAL MATTERS & PROCLAMATIONS Proclamation recognizing The Honorable Bob 1 Cross, Mayor of Victoria B. WORK SESSION C. LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS (By Council, Staff or Public) AND PUBLIC COMMENT FOR ITEMS NOT ON AGENDA (This is the opportunity for members of the public to speak to the City Council about anything not on the agenda, please keep comments to 5-10 minutes.) D. FINANCE Acceptance of North Olympic Library System 3 Action Facility Project E. CONSENT AGENDA City Council minutes - November 17, 1999 Action F. CITY COUNCIL COMMITTEE REPORTS G. ORDINANCES NOT REQUIRING PUBLIC HEARINGS 15 Ordinance amending requirements for taxicab Action and horse taxi licensure H. RESOLUTIONS NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK December 7, 1999 Port Angeles City Council Meeting Page - 1 I. OTHER CONSIDERATIONS 1. Appoint Council Representative to Clallam Action County Economic Devlopment Council Board of Directors, and alternate 2. Approval of the three-year labor contract for Action the Teamsters Union #589, Sworn Officers bargaining tm. it 3. Approve increased cost of Landfill Action compactor 4. Approve Cooperative Purchase Agreement Action with City of Seattle 5. Approve recommendation to surplus Action property at 9th and Race (sub-station site) and set Public Hearing date J. PUBLIC HEARINGS- QUASI-JUDICIAL (7:00 P.M. or soon thereafter) K. PUBLIC HEARINGS- OTHER (a) Public Hearing. (b) Ordinance declaring Action approval of amended 1999 budget and adoption of 2000 budget L. INFORMATION 1. City Manager's Report (Page 71) 2. Rayonier soil report (Page 73) 3. Humane Society Report - October 1999 (Page 75) 4. Chamber of Commerce Financial Report - October 1999 (Page 77) 5. Fire Department Monthly Report - October 1999 (Page 81) M. EXECUTIVE SESSION (As needed and determined by City Attorney) N. ADJOURNMENT I PUBLIC HEARINGS Public hearings are set by the City Council in order to meet legat requirements pertaining to matters such as, land use permit applications, proposed amendments to City land use regulations, zoning changes, annexations. In addition, the City Council may set a public hearing in order to receive public input prior to making decisions which impact the citizens. Certain matters may be controversial, and the City Council may choose to seek public opinion through the public hearing process. G:\CCAGEND\1999~120799CC.WPD NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK December 7, 1999 Port Angeles City Council Meeting Page - 2 CITY OF PORT ANGELES pORTA GEL£S w A $ H , ~ ~ ~- o ~. ~. $. ,,. CITY COUNCIL MEETING December 7, 1999 I. CALL TO ORDER - REGULAR MEETING: II. ROLL CALL: Members Present: Mayor Braun Councilman Campbell Councilman Doyle Councilman Hulett Councilmember McKeown Councilman Wiggins Councilman Williams Staff Present: Other Staff Present: Manager Quinn ~, L'~. ~2~,, :1t~ Attorney Knutson ~/ ~2., y'~ _t~t Clerk Upton V/ ~J~. ~xt( ~a~-~/gA,~]~, ,~ B. Beck er ~ t~, ~___J9~_ 3_~' S. Brodhun ~ B. Collins __ G. Cutler ~ S. Ilk Y. Ziomkowski III. PLEDGE OF ALLEGIANCE: Ledby: _~~~/~ CITY OF PORT ANGELES CITY COUNCIL MEETING Attendance Roster DATE OF MEETING: December 7, 1999 LOCATION: City Council Chambers City of Port Angeles Ordinance/Resolution Distribution List City Council Meeting of _(~/~ ~t~A~ '7'~ Cit~ Manaser ¢~ ^~-~ Plannin~ city C~k Personnel Cu~. Svcs. Fm~ D~.~. Poli~ D~t. F~e D~t. Li~t ~pt. ~b. Works P~s & R~. E~a Co~ies Proclamation for Bob Cross, the Honorable Mayor of Victoria WHEREAS, the cities of Victoria, British Columbia, and Port Angeles, Washington, existed across the Strait of Juan de Fuca for over 100 years without any formal meeting between their elected legislative councils; WHEREAS, the cities of Victoria and Port Angeles share many common cultural and natural characteristics; WHEREAS, this uncommonly long absence of a city government-to-government meeting was ended at the April 21, 1997, Port Angeles City Council meeting through the largess of His Worship Bob Cross, Mayor of the City of Victoria, and Victoria City Councillors; WHEREAS, the close proximity and economic linkages between the two cities belies the invisible barrier which was drawn by the International Boundary Line and which has for too long separated the mutual private and public interests of our citizens; WHEREAS, as Mayor of Victoria, Bob Cross has extended the h~md of friendship between 'our cities to wipe away the barrier that had previously separated us and by his signature proclaimed cooperation between us on June 16, 1997; and WHEREAS, Bob Cross is an ambassador of immense capacity for goodwill that will have lasting effect after his departure now from public office. NOW THEREFORE, the mayors and city councils of the City of Port Angeles past and present give the Honorable Bob Cross a key to the City of Port Angeles as a symbol that he is always welcome here and recognize and thank him for a job well done on behalf of our two cities that will for evermore be friends much more than just neighbours. Passed by the City Council and signed by the Mayor of the City of Port eles this Seventh day of December in the year 1999, Oary(~raun,FC~layor'~f Port Angeles pORTANC-ELES WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: December 7, 1999 TO: MAYOR BRAUN AND CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works and Utilities SUBaECT: Final Acceptance and Release of Retainage for The New Port Angeles Public Library [Project # 94-19] Summary: Primo Construction Inc. has completed the construction of the Port Angeles Public Library and North Olympic Library Systems' Service Center. The work has been inspected and accepted as complete and Primo Construction Inc. has been paid the final payment of $17,218.87. Recommendation.; Accept the project and authorize the release of Primo Construction Inc. retainage, in the amount of $182,558.22 upon the receipt of clearances from the Departments of Revenue and Labor and Industries Background / Analysis: Primo Construction Inc. has completed the construction of the new Port Angeles Public Library and remodel of the existing N.O.L.S. Service Center. This work consisted of the construction of a steel framed web truss building with a brick and concrete stucco exterior finish. The total finished building area, including the remodeled service center, is 35,300 square feet. Funding for the project was provided through Library Reserve Funds and a City sponsored bond issue in the amount of $3,600,000. The original contract amount, not including sales tax, was $3,476,800. There were eighteen change orders on the project which amounted to $174,364.45 for a total project cost, before sales tax of $3,651,164.45. The percentage of change orders was just five percent of the original bid amount which is very good for a project of this size and complexity. The total cost of the building contract, including sales tax, was $3,939,606.45. The original amount of funding estimated for the library project, including building construction, was $5,216,293.08. The final cost, including sales tax was $5,221,800.70. This figure exceeds the estimated funding in the amount of $5,507.62. However, the North Olympic Library System is responsible for all costs beyond the original funding and will reimburse the City for the additional amount. N:LPROJECTS~94-19LIB~ROJMGTLgNLACCPT,WPD 3 CITY COUNCIL MEETING Port Angeles, Washington November 17, 1999 CALL TO ORDER - Mayor Braun called the regular meeting of the Port Angeles City Council to order at REGULAR MEETING: 6:00 p.m. ROLL CALL: Members Present: Mayor Braun, Councilmembers Campbell, Doyle, Wiggins, and Williams. Members Absent: Councilmembers Hulett and McKeown. Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, S. Brodhun, G. Cutler, S. Ilk, Y. Ziomkowski, S. McLain, G. Kenworthy, J. Shay, G. Drake, M. Shamp, V. Dangaard, K. Ridout, B. Coons, S. Martin, D. Grove, D. O'Donnell, and A. Marks. Public Present: P. Lamoureux, R. Wheeler, T. Fraser, J. Schwagler, B. Roberds, D. Bentley, and D. Delaney. PLEDGE OF The Pledge of Allegiance to the Flag was led by Ken Ridout, Deputy Director of Public ALLEGIANCE: Works & Utilities. -'--- CEREMONIAL Recognition of City Light Employee, dim Shay, on Completion of ,~pprenticeship to . MATTERS/ Lineman PROCLAMATIONS: Mayor Braun introduced Jim Shay and announced that he had completed his Recognition of City Light apprenticeship program and was now a Lineman. Mayor Braun thanked Jim for his Employee- Jim Shay efforts, congratulated him on his success and presented him with a Certificate of Completion of the Apprenticeship Program. Public Works & Utilities Director Cutler lauded Mr. Shay on his efforts. WORK SESSION: None. LATE ITEMS TO BE Councilman Williams asked for a brief discussion of the Gateway Project which was PLACED ON THIS OR addressed under Comraittee Reports. FUTURE AGENDA: Beverly Johnson, 914 N. Beech, spoke on behalf of the community's youth and asked for City assistance in acquiring a safe building for the youth to meet, as the Teen Scene did not meet their needs. Ms. Johnson stated that she had some young people with her who wished to speak to this issue Danielle Lang, 1120 E. Sixth Street, spokesperson for the group of young people, felt the Teen Scene was not doing an efficient job of keeping most teens busy. She felt it was not a good place to hang out, as some of the teens there are into drugs. Ms. Lang hoped the City could provide a building for teens that would be safe, where they could listen to music and do homework or art projects. Discussion followed, and Mayor Braun asked if the same problems wouldn't occur in a new building. Ms. Lang and Ms. Johnson responded to questions and offered solutions to the problems. Ms. Johnson felt a teen hang out needed to be open until at least 2:30 or 3:00 a.m. or the kids would be out on the street. Chief Ilk stated his department met regularly with the Teen Scene staff. He did not feel children should be on the street at 2:00 a.m., and he questioned whether it was the tax payers' responsibility to oversee teenagers at this time of the morning. The Teen Scene is supported by grant money and is for high risk youth. Ms. Johnson felt the Teen Scene had worn itself out, and the teens did not respect the adult in supervision. CITY COUNCIL MEETING November 17, 1999 LATE ITEMS TO BE Councilman Doyle felt if there was a problem the solution was not to open another teen PLACED ON THIS OR center, but to rectify the problems and improve the existing program. Councilman FUTURE AGENDA: Wiggins agreed. Ms. Lang stated part of the problem was the Teen Scene closes too (Cont'd) early on weekends, and it is the number one place to purchase drugs. Michael Thacker, 1825 W. Fifth Slreet, stated a Youth Night is sponsored on Saturday nights at the YMCA. Activities such as basketball and weight training are conducted; however, he has still seen kids attempt to buy drugs there, and it closes at 11:00 p.m. Further discussion ensued, and it was agreed that staff will meet with Ms. Johnson and others and attempt to find solutions to the problems discussed this evening. FINANCE: None. CONSENT AGENDA: Councilman Doyle moved to accept the Consent Agenda, to include: 1) Council minutes of November 2, 1999, regular meeting; and 2) Check list - November 5, 1999 - $823,386.97; and 3) Out-of-State travel exceeding $750 by Public Works & Utilities Director. Councilman Campbell seconded the motion. Brief discussion and clarification followed. Councilman Doyle noted a correction was necessary to the minutes, as he had only attended one Real Estate Committee meeting. A vote was taken on the motion, which carried unanimously. CITY COUNCIL Councilman Doyle attended meetings of the Real Estate Committee, UAC, and COMMITTEE Olympic Air Pollution Control Authority. He attended the Remembrance Day REPORTS: Celebration in Victoria B.C. as the City's representative and attended the Chamber of Commerce fund raising auction. Councilman Doyle noted that today was Bob Day in Victoria in honor of Bob Cross, Mayor, who is retiring soon. Councilman Wiggins suggested the City send a retirement gift, as Mayor Cross has been a good friend to Port Angeles. Councilman Williams attended three budget meetings and a Transportation Improvement Board (TIB) meeting. He also attended a Real Estate Committee meeting and a Transit Board meeting. It appears that the Transit System will be funded with reserves for the first nine months of 2000; if additional funding cannot be found, 33 transit drivers will be laid off, and more than half of the bus routes will be removed. Councilman Campbell stated that, having attended various individual sessions of the Governor's Conference, it was clear that broad band telecommunications was the key for economic development. Councilman Campbell also reviewed the information obtained regarding the watershed planning effort for the City. Councilman Wiggins attended a Marine Resources Committee meeting and reviewed the information and actions to be taken by that Committee. He also attended a Gateway meeting. Options were discussed as to where the transit facility would be located. The option favored was the area located on Lincoln Street north of Front Street to Railroad. Councilman Wiggins reviewed how the loss of parking would be handled and what type of structure might be built. Councilman Wiggins asked Gary Kenworthy, Deputy Director of Engineering, for an update on this project. Mayor Braun stated the City could lose the money dedicated to this program if it is not utilized before the deadline. Mr. Kenworthy agreed with Mayor Braun and reviewed the amount of money received and from what sources. Mr. Kenworthy stated the Board has decided to proceed with the first phase of this project and build a plaza for the various transportation modes. Mr. Kenworthy described the steps needed to be taken to get this project underway. Discussion ensued, especially as pertains to funding and the effect of 1-695 on this project. Mr. Kenworthy responded to additional questions. Councilman Williams reminded the Council that this was a City project with the involvement of the Transit Board, and it is time to move forward. Councilman Wiggins agreed and stated economic development was the key, and the architect should develop a brochure to thoroughly explain the project to the citizens. Aria Holzschuh, Executive Director of the Port Angeles Downtown Association, advised the Council that the new proposal feels exciting for downtown. She reviewed her vision for the future of downtown and felt it was reachable with the new proposal. Mayor Braun attended the Annual Crab Feed, Mayors meeting, and the Veteran's Day celebration held at the Coast Guard Air Station. -2- CITY COUNCIL MEETING November 17, 1999 PUBLIC HEARINGS - None. QUASI-JUDICIAL: HEARINGS i. Water/Wastewater Rates PUBLIC OTHER: Mayor Braun reviewed the information provided by the Public Works & Utilities Water/Wastewater Rates Department. Director Cutler described the history of the process for the setting of new Ordinance No. 3029 rates which included the hiring of Economic and Engineering Services to perform the Ordinance No. 3030 study. Director Cutler noted that this process began in 1998, and staffhas worked long and hard in developing this study. Mayor Braun opened the public hearing at 7:02 p.m. Tom Gould, representing EES, used the overhead projector to make a presentation describing the methodology incorporated in studying the water and wastewater rates and the recommendations being made. Mr. Gould stated there is a three-step process in studying the rates: revenue requirements, cost of service, and rate design. Mr. Gould gave an in-depth explanation of the steps and described the results of each of them as regards the water/wastewater utilities in Port Angeles. He discussed the objectives for establishing the rates and revenue requirements, described the key assumptions of the revenue requirements, and provided a summary of the water and wastewater revenue requirements as well as a summary of their capital projects. Mr. Gould provided a summary of recommendations for revenue requirements for both utilities and summarized debt coverage ratios. He listed the conclusions reached regarding the cost of service and the goals and objectives of the rate design process. Mr. Gould described the proposed approach to rate design and listed the proposed water/wastewater rates for 2000 through 2002. He concluded by informing the Council that the proposed adjustments will maintain financial stability for the utilities, that rate adjustments were minimized through the use of the rate stabilization funds, and stressed that capital costs were carefully reviewed to minimize impacts to customers. Paul Lamoureux, 602 E. Whidby, asked if there would be additional public hearings on this issue, and Mayor Braun responded there would not. Mr. Lamoureux felt this should have received more coverage and asked if it were possible to delay action on this issue due to lack of public participation. Councilman Doyle stated that legal publication had been provided, but he did not believe there had been a news article on it. Councilman Campbell stated he shared Mr. Lamoureux' concern, and he had spread the word that there was going to be a public hearing on rate and tax increases tonight. He also reminded the Council that Manager Quinn had recently been on the radio to discuss this issue, and the media had received a Council packet which contains all this information. Given ali that, Councilman Campbell felt it was disappointing that there is not more indirect publicity regarding the hearing. Mayor Braun stated that, in the past, the amount of public participation during the public hearings for the budget process has been disappointing, but obviously the citizens of Port Angeles have faith in the ability of the Council to serve them and fulfill their needs even when it means a rate increase. Councilman Wiggins asked how the City's Bond Rating would be affected if the rate increase was not adopted. Director Ziomkowski stated that the Bond Ordinance requires the utility rates to keep up with the bond ratio. However, the City's rating could go down in future bond issues. Currently the City enjoys a bond rating that is AAA. Paul Lamoureux returned to the podium and asked how the new rates tie into the costs for the Secondary Treatment Plant. Councilman Campbell stated that, in 1998, Council moved to defer the rate study until 1999. Revenues have been stable, and costs have been rising. Failing waterlines are part of the capital projects, and the City has had an unfortunate record of waterline failures resulting in serious damage. The costs for damage repair must also go against water/wastewater funds, and losses must be paid for out of the revenues for those utilities. Mr. Lamoureux did not feel his question had been answered and asked if tonight's rate increases really went to the cost of doing business, or if it was because of projects such as the Secondary Treatment Plant. Councilman Doyle answered that bonds were issued to pay for the Secondary Treatment Plant; when the bonds are paid off, the debt is gone. However, by that point, other expenses will have taken its place. Therefore, the rate CITY COUNCIL MEETING November 17, 1999 PUBLIC HEARINGS - structure is set to cover those payments, plus whatever else is needed to operate the OTHER: system on a day-to-day basis. Mayor Braun invited Mr. Lamoureux to meet with the Public Works Director to have all of his questions answered, and Mr. Lamoureux felt Water/Wastewater Rates that Councilman Doyle had given him the information he sought. Ordinance No. 3029 Ordinance No. 3030 There was no further testimony, therefore, Mayor Braun closed the public hearing at (Cont'd) 7:40 p.m. and read the first Ordinance by title, entitled ORDINANCE NO. 3029 AN ORDINANCE of the City of Port Angeles, Washington, revising water rates and amending Ordinance 2181 as amended and Chapter 13.44 of the Port Angeles Municipal Code. Councilman Doyle moved to adopt the Ordinance as read by title. Councilman Williams seconded the motion. Discussion followed, and staff provided additional clarification. Councilman Doyle reminded the Council that, without rate increases, the City would be in a serious deficit situation within three years. Also, the rate stabilization fund is being utilized, or the increases would have been larger. Councilman Campbell again stated that this is not a new issue, as the need for a rate increase was realized in 1998. A vote was taken on the motion, which carried unanimously. Mayor Braun read the seconded Ordinance by title, entitled ORDINANCE NO. 3030 AN ORDINANCE of the City of Port Angeles, Washington, revising rates for wastewater service and amending Chapter VI of Ordinance 2394 as amended and Chapter 13.65 of the Port Angeles Municipal Code. Councilman Wiggins moved to adopt the Ordinance as read by title. Councilman Campbell seconded the motion, which carried unanimously. Revenue Sources 2. Revenue Sources Property Tax Levy a. Regular Property Tax Levy Ordinance No. 3031 b. Property Tax Increase Property Tax Increase Mayor Braun reviewed the information provided by the Finance Department, and Ordinance No. 3032 Manager Quirm gave a brief power point presentation summarizing the General Fund Revenues and Expenditures which mandated the property tax levy for the 2000 budget. Manager Quinn noted that 22% of the General Fund budget is property taxes, all taxes are 60% of the budget, and property taxes are 37% of all taxes in the General Fund budget. Manager Quinn displayed a chart which demonstrated a history of property tax levies from 1992 through the proposed 2000 budget. The statutory limit is $3.10, and the City was at that limit in 1992 and 1993. It was lowered in subsequent years due to reassessment of the assessed values. For 1999, the tax levy was $3.01 per $1,000, and the year 2000 is estimated at $3.04. Manager Quinn reviewed the special voted levies covering the Senior Center, Fire Station, and Library. Mayor Braun opened the public hearing at 8:00 p.m. There being no public testimony, and Mayor Braun closed the public hearing at 8:00 p.m. Real Estate Excise Tax c. Real Estate Excise Tax: Second .25% Ordinance No. 3033 Mayor Braun opened the public hearing at 8:00 p.m. Manager Quinn reviewed the information provided in the packet and explained the annual revenue would be approximately $100,000 from this .25% excise tax. By state law, this excise tax is more limited in its use than the first .25%. It is used primarily for street and park projects, but cannot be used for the acquisition of parks or building facilities. Manager Quinn recommended it be used for street projects, as he felt good streets were of prime importance to the residents of Port Angeles. He pointed out that one advantage to this revenue source is that it only applies to those involved in real estate transactions and ~4~ CITY COUNCIL MEETING November 17, 1999 Revenue Sources does not affect all tax payers. (Cont'd) Councilman Wiggins stated these raises are a recommendation from the Budget Real Estate Excise Tax Committee based on the needs of the City's overall budget and financial condition. Ordinance No. 3033 (Cont'd) There being no other public testimony, Mayor Braun closed the public hearing at 8:05 p.m. Fee Increases d. Other Fee Increases (Finance, Parks, Police, Public Works, Ordinance No. 3034 Planning, Fire Mayor Braun opened the public hearing at 8:06 p.m., and Manager Quinn reviewed the information provided in the packet. He noted that some of the fees had not been changed in several years, and increases are driven by the changes in inflationary pressure. Manager Quinn reviewed some of the changes contained in the ordinance and explained why the changes were suggested. Tim Fraser, President of the North Olympic Peninsula Building Assn., spoke in support of the fee increases as they pertain to the building division. These fees have not been increased since 1996 and the Assn. has no objection to the increases. He urged the City to not wait so long to institute such an increase, as the impacts are lessened by gradual increases. There was no further public testimony, and Mayor Braun closed the public hearing at 8:13 p.m. Water/Sewer Connection e, Water and Sewer Connection Charge Increases Ordinance No. 3035 Mayor Braun opened the public hearing at 8:15 p.m. Manager Quinn summarized the changes reflected in the ordinance. There was no public testimony, and the public hearing was closed at 8:15 p.m. Medic I Fee Increase f. Medic I Fee Increase Ordinance No. 3036 Manager Quinn reviewed the information provided in the packet and stated this rate was last changed in 1995. The proposed increase will generate $55,000 in additional revenue per year. In the 2000 budget, replacement ufa Medic I emergency vehicle is indicated. This increase will help defray replacement costs, as there are no replacement reserves. Mayor Braun opened the public hearing at 8:17 p.m. There was no public testimony, and the public hearing was closed at 8:17 p.m. Mayor Braun read the Ordinances by title, entitled ORDINANCE NO. 3031 AN ORDINANCE of the City of Port Angeles, Washington, determining and fixing the amount to be raised by ad valorem taxes for the year 2000 and directing the City Clerk to certify said amount to the Board Clallam County Commissioners. Councilman Doyle moved to adopt the Ordinance as read by title. Councilman Williams seconded the motion, which carried unanimously. ORDINANCE NO. 3032 AN ORDINANCE of the City of Port Angeles, Washington, authorizing a $43,117 increase in the regular property tax levy for the fiscal year 2000, which amount is 1.4 percent more than the property tax levied for collection in 1999. Councilman Campbell moved to adopt the Ordinance as read by title. Councilman Wiggins seconded the motion. Councilman Wiggins noted that this tax could have been increased to 6% when the City is only raising it 1.4%. Councilman -5- 9 CITY COUNCIL MEETING November 17, 1999 Revenue Sources Doyle also reminded the Council that, in 1999, the interest on the library construction (Cont'd) money was applied to the tax allowing for a smaller tax increase. That interest money is no longer there, so the increase may look larger than 1.4%, but it is due to the loss of the interest money. Councilman Campbell asked Director Ziomkowski what percentage,. · of change to the library levy will be felt. Director Ziornkowski stated that, in 1999, only [. ~ 50% of the debt payment was levied because of the interest from the construction fund, which no longer exists. In 2000, the amount of the full debt payment is being levied. A vote was taken on the motion, which carried unanimously. ORDINANCE NO. 3033 AN ORDINANCE of the City of Port Angeles, Washington, adopting the second one-quarter of one percent excise tax on the sale of real estate as authorized by RCW 82.46.035 and amending Ordinance 2598 and Chapter 3.62 of the Port Angeles Municipal Code. Councilman Williams moved to adopt the Ordinance as read by title. Councilman Doyle seconded the motion. Councilman Williams pointed out that the total sales tax within the City will be .25% higher than it is in the County. He then provided a break down of this tax. Councilman Williams stated the only reason he supports this tax increase is because it is to be used for street improvements and maintenance. A vote was taken on the motion, which carried unanimously. ORDINANCE NO. 3034 AN ORDINANCE of the City of Port Angeles, Washington, increasing fees charged for services rendered by the Finance Department, Parks and Recreation Department, Planning Department, Fire Department, Public Works and Utilities Department, and Police Department, and amending Ordinances 2789 and 2932, as amendedl and Chapter 3.70 of the Port Angeles Municipal Code. Councilman Wiggins moved to adopt the Ordinance as read by title. Councilman Campbell seconded the motion. Discussion and clarification ensued regarding bicycle, dog and cat licensing. Attorney Knutson noted a correction was necessary on Page 130 of the packet in that the fee for 2" water meter service connections which reads $3,480.00 should read $2,320.00. A vote was taken on the motion, which carried unanimously. ORDINANCE NO. 3035 AN ORDINANCE of the City of Port Angeles, Washington, increasing the system development charge for recovering capital costs of water and sewer facilities and amending Ordinance 2746 as amended and Chapter 13.69 of the Port Angeles Municipal Code. Councilman Doyle moved to adopt the Ordinance as read by title. Councilman Williams seconded the motion. Councilman Doyle questioned Page 137 of the packet in Paragraph A, where $6480 is underlined as well as crossed out. Attorney Knutson noted this was an error, the "$6480" should be deleted. Staffwill see to this correction. A vote was taken on the motion, which carried unanimously. ORDINANCE NO. 3036 AN ORDINANCE of the City of Port Angeles, Washington, increasing the monthly Medic I charge from $3 to $3.50 and amending Ordinance 2274 as amended and Chapter 8.36 of the Port Angeles Municipal Code. CITY COUNCIl. MEETING November 17, 1999 Revenue Sources Councilman Campbell moved to adopt the Ordinance as read by title. ~. (Cont'd) Councilman Wiggins seconded the motion. Councilman Williams asked when the charge for non-residents was last adjusted. Fire Marshall McKeen stated it was about three years ago. Following brief discussion regarding non-resident rates, a vote was taken on the motion, which carried unanimously. Budget Hearing 3. Budget Mayor Braun reviewed the information provided by the City Manager and asked Manager Quinn for additional input. Manager Quinn gave a power point presentation on the budget and noted that, while the total expenditures of the budget is shown as $51,153,100, this amount is not adjusted for the ordinances adopted this evening. Manager Quinn listed each fund, stated the amount budgeted, and gave examples of the types of expenditures covered by the fund. The largest of the funds is the General Fund, and Manager Quinn displayed a slide showing the expenditures by object in the General Fund. He stated there is only a 1.8% increase in this budget, with services to the citizens the main concern. Capital outlay, supplies and operating support have been increased, and administration and personnel expenses have been cut back. Significant highlights to the General Fund are the increase to the beautification and landscaping and replacement of police cars. Manager Quinn felt the 2000 budget would provide quality services and approaches the challenge of 1-695 with a positive attitude. Manager Quinn reviewed the impacts of 1-695, which include loss of revenue in the Year 2000 of approximately $220,000 and loss of revenue in 2001 projects at $311,000. He reviewed the proposed cuts to expenses, which will have the largest impact on the public. They included transferring expenditures of $80,000 for the Marine Life Center to Lodging Tax funds, which will then impact the advertising campaign of the Visitor's Center; decreasing money for community services by $10,500; reducing the Police budget by $50,000 in capital expenses; and reducing Fire and Parks budgets by $30,000 each. Manager Quinn stressed the importance of public input in the budget planning process. Staffwill follow up on any suggestions received, and a meeting will take place prior to the adoption of the budget on December 7, 1999. Manager Quinn offered to answer any questions and welcomed any comment. Mayor Braun opened the public hearing at 9:02 p.m. Paul Lamoureux, 602 Whidby, complimented Manager Quinn on the budget presentation and thanked all those involved in the budget process. Mr. Lamoureux asked for clarification on the first slide shown, on the section labeled Intergovernmental. It appeared that there was a $200,000 reduction for 2000, but it showed as more than 1% increase. Craig Miller, 230 E. Fifth Street, reminded the Council he had represented the Port Angeles Pub, Tavern and Lounge Association in asking for a reduction in the amount paid for gambling tax. He felt that, in light of 1-695, this was a difficult time to make such a request; however, this tax is regressive and must be scrutinized. His clients want the Council to know that they will return next budget time to again address this issue. Manager Quinn stated that the gambling taxes were discussed during the budget meetings. This tax generates approximately $92,000 per year in revenue and in reviewing the issues, it was a conscious decision by the Committee to recommend not to change the gambling tax. Charles LaBer, 401 Whidby, complimented Manager Quirm on the budget presentation. He understood the need for budget cuts but asked that the Parks budget not be cut by $30,000. He asked that staff look into increasing the Parks budget by $30,000 so the parks can be enjoyed more. Manager Quinn responded that the proposed budget for Parks contained a 7.3% increase. The $30,000 reduction still left it with at least a 6% increase over last year, as staff does recognize the importance of the parks and beautifying Port Angeles. There was no further testimony, and Mayor Braun closed the public hearing at 9:10 p.m -7- CITY COUNCIL MEETING November 17, 1999 Budget Hearing Councilman Wiggins asked what the total amount of increases are relative to the total (Cont'd) amount of decreases. Manager Quinn thought the figures were very close. Councilman Wiggins complimented the departments for their efforts in achieving the reductions necessary. Break Mayor Braun recessed the meeting for a break at 9:13 p.m. The meeting reconvened at 9:33 p.m. ULID #215 Ordinances Not Requiring Public Hearings Ordinance No. 3037 Ordinance No. 3038 UL1D #215 Final Assessment Roll and Ordinances to Approve Assessment and Connection Charges Mayor Braun reviewed the information provided by the Public Works & Utilities Department. Director Cutler stated that staff and Council have spent a significant amount of time looking at Option A and developing Alternative B. Gary Kenworthy, Deputy Director of Engineering, explained Option B, which would result in the wastewater utility funding $575,000 of this ULID and those benefitting from it fmancing $276,000 of the costs. Mr. Kenworthy felt Option B would slow development, as a person owning a large piece of land would only pay for one connection; therefore, there would be no impetus for development. This was a difficult situation, but there is a Statute which allows the State to pay the assessments of people who are land rich and income poor. It becomes a lien against the property, which is payable when the land is subdivided. Mr. Kenworthy stated that staff recommends Option A as presented at the October Council meeting. Discussion followed, and Mr. Kenworthy responded to questions and provided clarification. At Councilman Williams' request, Mr. Kenworthy explained how the number of lots per parcel of land was determined. Those residents with multiple hook ups have been notified of the assessment. Councilman Doyle moved to approve Option A adjustments to the final assessment roll and approve the roll. Councilman Wiggins seconded the motion. All Councilmembers voted in support of the motion, with the exception of Councilman Williams, who abstained. Because abstentions are counted as affirmative votes, the motion carried unanimously. Mayor Braun read the Ordinance by title, entitled ORDINANCE NO. 3097 AN ORDINANCE of the City of Port Angeles, Washington, approving and confirming the final assessment roll for Utility Local Im- provement District No. 215, which has been created and established for the purpose of financing sanitary sewer improvements within the Upper Golf Course Road area of the City, as described in Ordinance No. 2939, as amended, and levying and assessing the the amount thereof against the lots, tracts, parcels of land and other property shown on said roll. Councilman Campbell moved to adopt the Ordinance as read by title, citing Findings 1 - 9 and Conclusions 1 - 4, as set forth in Exhibit "A" which is attached to and becomes a part of these minutes. Councilman Wiggins seconded the motion, which carried by a majority vote with Councilman Williams voting in opposition. Mayor Braun read the second Ordinance by title, entitled C1TY COUNCIL MEETING November 17, 1999 ULID #215 ORDINANCE NO. 3038 Ordinance No. 3037 Ordinance No. 3038 AN ORDINANCE of the City of Port Angeles, Washington, establishing the charges for (Cont'd) connection to the Upper Golf Course Road sanitary sewer and establishing Chapter 13.72 of the Port Angeles Municipal Code. Councilman Doyle moved to adopt the Ordinance as read by title. Councilman Campbell seconded the motion. Councilman Doyle questioned the intent of Section 6 in the Ordinance, and Attorney Knutson indicated notification of this connection charge would be provided to the Auditor's office, as well as those property owners inside and outside the ULID. A vote was taken on the motion, which carried unanimously. Amendment to Civil Resolutions Not Requiring Public Hearings Service Rules Resolution No. 19-99 Amendments to Civil Service Rules and Regulations Mayor Braun reviewed the information provided by the Human Resources office and asked Bob Coons, Human Resources Manager, for additional information. Mr. Coons responded to questions and provided clarification. Mayor Braun then read the Resolution by title, entitled RESOLUTION NO. 19-99 A RESOLUTION of the City of Port Angeles, Washington, amending the rules of the Civil Service Commission relating to the composition of the interview Boards and classified positions in Civil Service. Councilman Doyle moved' to pass the Resolution as read by title. Councilman Wiggins seconded the motion, which carried unanimously. North Olympic Peninsula Other Considerations Builders Assn. Presentation 4. North Peninsula Builders Association Presentation re: Salmon Lawsuit Roger Wheeler, 514 Irving Jacobs Road, State Director of the Washington Building Association, Provided background, history, and membership information on the North Olympic Builders Association and the Washington Building Association. Mr. Wheeler introduced Trent Matson, lobbyist for the Building Industry of Washington State, who is very involved in the salmon recovery issue. The Builders Assn. is very concerned by this issue and is attempting to well educate the cities and counties on its importance. Mr. Matson gave a presentation regarding the lawsuit filed in federal district court against the National Marine Fisheries Service (NMFS). This suit charges NMFS with violation of numerous federal laws by continually allowing overharvest and predation of Washington salmon and by improperly listing runs of salmon under the Endangered Species Act. Mr. Matson concluded his presentation by asking the Council's support of the lawsuit. Discussion ensued, and Mr. Matson and Attorney Knutson responded to questions posed by the Council and provided clarification of certain issues. Mayor Braun felt more information was necessary before this decision could be made. Attorney Knutson was directed to research this subject and bring a recommendation back to a future Council meeting. Mr. Matson and members of the North Olympic Builders Association thanked the Council for its time and attention to this matter. Appointment to Utility 5. Appointment of lndustrial Representative to Utility Advisory Committee Advisory Committee Mayor Braun reviewed the information provided by Councilman Campbell as Chair of the Utility Advisory Committee. Councilman Campbell pointed out that the Council representatives to the UAC had interviewed Mr. Reed and were unanimous in their recommendation that Mr. Reed be appointed to replace Mr. Michalczik. CITY COUNCIL MEETING November 17, 1999 Appointment to Utility Councilman Doyle stated that while the memo states Mr. Reed would be representing Advisory Committee Daishowa, in truth he would be representing the whole industrial community. (Cont'd) Councilman Campbell moved to appoint Dean Reed as the industrial ~ representative to the Utility Advisory Committee for the period, January 1, 2000 - December 31, 2003, and further, that Mr. Reed be authorized to fulfill his current -/ obligation to the Planning Commission to the end of his current term which expires March 1, 2000. Councilman Wiggins seconded the motion, which carried unanimously. Mayor Braun reminded Manager Quinn to send a thank you to Mr. Michaiczik for his years of service to that Committee. INFORMATION: Manager's Report Manager Quinn pointed out several memos in the packet including the storm damage status update and 'the Carnegie Library restoration project. He reminded the Council that there is a vacancy on the AWC Board for District 12, which includes Port Angeles. Applications are due by December 9, 1999, and Manager Quinn encouraged Council members to consider this position. Councilman Campbell thanked the Finance Committee, Finance Department, and the Department Heads for the work involved in putting together and reviewing the budget. ADJOURNMENT: The meeting was adjourned at 11:00 p.m. Becky J. Upton, City Clerk Gary Braun, Mayor pORTANGELES WASHINGTON, U.S.A. CiTY COUNCIL MEMO DATE: December 7, 1999 TO: MAYOR BRAUN AND CITY COUNCIL FROM: Becky J. Upton, City Clerk/Management Assistant~)~ SUBJECT: Ordinance Authorizing City Clerk to Issue For-Hire Vehicle and Horse Taxi Licenses Summary_: At its meeting of November 2, 1999, during consideration of the approval of a taxicab business license, the City Council expressed the desire to have for-hire vehicle and horse taxi licenses issued in the same fashion as all other City business licenses, all of which are issued by the City Clerk. Recommendation; To adopt the Ordinance authorizing the City Clerk to issue for-hire vehicle and horse taxi licenses. Background/Analysis: Since the inception of licensing of all taxicab companies in Port Angeles, the regulations have specified that approval must come forth from the City Council. This requirement was likely instituted by virtue of the fact the original regulations established a restriction on the number of taxicabs on a per capita basis. The taxicab restriction was repealed in 1994. However, the requirement that the City Council must approve all taxicab licenses was retained and was also included in subsequent regulations pertinent to horse taxi licenses. At its meeting of November 2, 1999, the City Council gave consideration to the approval ora taxicab license for a new company in the' City. At that time, the Council inquired as to why such applications were still being brought before the City Council for approval. The opinion was expressed that these licenses should be issued in the same fashion as all other City business licenses, all of which are issued by the City Clerk. The attached Ordinance authorizes the City Clerk to issue for-hire vehicle and horse taxi licenses. In addition, it deletes the right to appeal to the Clallarn County Superior Court. The proposed Ordinance cites Section 5.04.060 of the Port Angeles Municipal Code, which establishes a right of appeal to the City Council. This right of appeal applies to any applicant for a business license who has been denied a license by the City Clerk. Attachment ORDINANCE NO. __ AN ORDINANCE of the City of Port Angeles, Washington, authorizing the City Clerk to issue for-hire vehicle and horse taxi licenses, and amending Ordinances 2050 and 2868, as amended, and Chapters 5.36 and 5.37 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. Ordinance 2050 as amended and Chapter 5.36 of the Port Angeles Municipal Code are hereby amended by amending PAMC 5.36.070 to read as follows: 5.36.070 License - Issuance. No business license to operate a taxicab or for-hire vehicle shall be issued except by the City C-maneit Cleric. or her designee, after review of the license application and inspection reports of the Chief of Police or his designee. The City Clerk may, in its her discretion, approve or deny the application. Any applicant denied a license by 'the City C-mmeit Clerk shall have a right to appeal '- "-- ""-"--- '" ......" .... -'-- '" .... appel ........... outlined in Section 5.04.060 of the Port Angeles Municipal Code. (Ord. 2716 §5, 10/16/92; Ord. 2379 §1, 2/7/86; Ord. 2050 Ch. 9 §7, 1/1/80) Section 2. Ordinance 2868 and Chapter 5.37 of the Port Angeles MUnicipal Code are hereby mended by mending PAMC 5.37.035 to read as follows: 5.37.035 License Issuance for Operation of Business. No business license to operate a horse taxi shall be issued except by the City~ Clerk. or her desi_~mee, after review of the license application and inspection reports of the Chief of Police, or his designee. The City ~ Clerk may, in ~ her discretion, approve or deny the application. Any applicant denied - 1 - 16 a license by the City E-oumit Clerk shall have the right to appeal ca "-- '~'-"--- '" ...... o ..... .. '~ ..... ~-:" ........ ' -'--" '-- ~'~-'-- ' ...."--- "-:~' '"~" -' .... ~' "-- "--:-:-- of "-- ~ ag outlined in Section 5.04,060 of the Pon Angeles Municipal Code. (Ord. 2868 §1 (pan), 5/26/95) Section 3 - Severability. If any provisions of this Ordinance, or its application to any person or circumstance, is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to offer persons or circumstances, is not affected. Section 4 - Effective Date. This Ordinance shall take effect five days after the date of publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the ~ day of December, 1999. MAYOR ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney PUBLISHED: By Summary -~.. ~l~ W A S H I N G T O N, U.S.A. CITY COUNCIL MEMO DATE: December 7, 1999 TO: MAYOR BRAUN AND CITY COUNCIL FROM: Becky J. Upton, City Clerk/Management Assistant ~x}~ SUBJECT: Council Representative to Clallam County Economic Development Council Board of Directors Summary: The Clallam County Economic Development Council is preparing for the 2000 election of the new Board of Directors. The City Council is being asked to designate its representative to the EDC Board. Councilmembers Wiggins and Campbell have indicated a willingness to continue serving on the EDC Board as City Council representative and alternate respectively. Recommendation: That Councilman Wiggins be appointed the City Council representative to the Clallam County Economic Development Council Board of Directors, with Councilman Campbell appointed to serve as the alternate. Background / Analysis: The City Council usually considers its various committee assignments the latter part of January each year. However, the Clallam County Economic Development Council is in need of receiving information as to the City Council's representative and alternate by mid- January, as preparations are underway for the election of the EDC Board of Directors for 2000. Councilmembers Wiggins and Campbell have been serving as the City Council representative and alternate, respectively, to the EDC Board. They have both expressed a willingness to continue filling the two positions for the coming year. ~ ~ ~ ~E~EIVED CLALLAM COUNTY N0'~t/ 3~i 'J999 ~'~ ECONOMIC DEVELOPMENT COUNCIL Cit of Po t Angeles ' November 4, 1999 Mr. Gary Braun, Mayor City of Port Angeles P O Box 1150 Port Angeles, WA 98362 Subiect: Designee for Clallam County Economic Development Council Board of Directom Dear Gary, The Council is preparing for the 2000 election of the new Board of Directors. Pursuant to our Bylaws, one representative of the City of Port Angeles is required for our Board. Please have the Port Angeles City Council consider our request and make a designation. Glenn Wiggins has served in this capacity, and we value his service. Please forward your selection to me. In addition, please direct any questions to me. Thank you for your assistance. Sincerely, Mamy Hannan Assistant Director P.O. BOX 1085 · 102 E. FRONT o PORT ANGELES, WA 98362-0204 0 PHONE: 361).457.7793 · FAX: 360.452-9618 · WEB: www. c]alJam.org · E-MAIl.: ccedc@clallam.org WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: December 7, 1999 TO: MAYOR BRAUN AND CiTY COUNCIL FROM: Bob Coons, Human Resource Manager ~ ~ SUBJECT: Labor Contract Between the City and Teamsters #589 for Sworn Officers. ~ The City and the Teamsters Union #589 reached impasse during contract negotiations in 1998 and went to interest arbitration over wages. The arbitration award was received from the arbitrator assigned by the Public Employment Relations Commission (PERC). Attached for the City I Council's approval is the three-year labor contract between the City and the Teamsters covering 1998-2000. Recommendatiom It is recommended that the City Council approve the three-year labor contract between the City and Teamsters Union #589 covering 1998-2000 and authorize th~ Mayor to sign the agreement, including retroactivity to January 1, 1998 as stipulated in th~ arbitration award. Background /Ana _iysis: The City and Teamsters Union Local #589 began negotiations for a new labor contract in the fall of 1997 as the current contract would expire in December 1997. The union represents 5 police ser:geants and 22 police officers in this bargaining unit. The parties reached impasse over wages and proceeded to mediation and eventually to interest arbitration per State law. The PERC arbitrator recently issued the binding award for wages that includes a 3% across the board increase effective January 1, 1998; a 3% wage increase compounded with a 90% CPI cost of living adjustment equal to 2.43%, effective January 1, 1999. The COLA for 2000 will be 90% of the Seattle-Bremerton CPI- W index, effective January 1, 2000. The fiscal impact of this award represents $41,716 for 1998 and $82,48 ! for 1999. The estimated cost for 2000 is about $38,573 using a 2.7% cost of living adjustment. Funding for this award is budgeted in the current Police Department budget. In addition to wages, the more significant changes to the labor contract include the following: · Change medical plans from the Association of Washington Cities, Plan A to the Teamsters' medical plan, JC28XL. · A drug testing policy was added. · The compensatory time accrual limits were increased from 88 to 120 hours. · The uniform allowance for detectives was increased from $450 to $500 per year. · The tuition reimbursement policy was amended to identify qualified courses. · Several minor, non-economic language changes were made. G:~EXCHANGE~.CNCLPKT~COUNCIL.WPT AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND TEAMSTERS UNION LOCAL #589 (SWORN OFFICERS UNIT) JANUARY 1, 1998 - DECEMBER 31, 2000 23 TEAMSTERS LOCAL #589 SWORN OFFICERS UNIT COLLECTIVE BARGAINING AGREEMENT TABLE OF CONTENTS ARTICLE I ' GENERAL PROVISIONS PAGE NO, Section A - Purpose 1 Section B - Agreement I Section C - Recognition 1 Section D - Savings Clause 1 Section E - Non-Discrimination 2 ARTICLE II - RIGHTS OF PARTIES Section A - Management Rights 3 Section B - Union Security 3 Section C - Payroll Deductions 4 Section D - Personnel Policy and Procedures 4 Section E - Record Keeping 5 Section F - Personnel Records 5 Section G - Labor-Management Committee 5 Section H - Police Department Employee Bill of Rights 5 ARTICLE III- WORKING CONDITIONS Section A - Hours of Work 7 Section B - Shift Rotation 8 Section C - Response Time 8 Section D - Relatives Working in the Police Department 8 Section E - Work Stoppage 8 Section F - Drug Testing Policy 9 ARTICLE IV - COMPENSATION Section A - Wages 13 Section B - Deferred Compensation 13 Section C - Longevity Pay 14 Section D - Overtime Compensation 14 Section E- Stand-by/Call-Back 15 Section F - Compensatory Time 15 Section G - Educational Incentive Pay 16 Section H - Tuition Reimbursement 17 Section I- Higher Class Pay 18 Section J - Uniform Maintenance Allowance 18 Section K - Field Training Officer Pay 19 2S ARTICLE V - PAID LEAVE TIME Section A - Vacation 20 j Section B - Sick Leave 20 Section C - Holidays 25 ARTICLE VI - HEALTH BENEFITS 27 ARTICLE VII - GRIEVANCE PROCED~ 28 ARTICLE VIII - DURATION OF AGREEMENT 32 TEAMSTERS LOCAL #589 SWORN OFFICERS UNIT "" COLLECTIVE BARGAINING AGREEMENT  ARTICLE I- GENERAL PROVISIONS Section A - Purpose This Contract, entered into by the City of Port Angeles, hereinafter referred to as the City, and the Teamsters Union, Local #589, hereinafter referred to as the Union, has as its purpose the setting forth of the full and entire understanding of the parties regarding the matters set forth herein, reached as the result of negotiations regarding wages, hours, and other terms and conditions of employment of employees covered by this Contract. Section B ' A~eement 1. The rules contained herein constitute the entire Agreement between the City of Port Angeles, hereinafter referred to as the City, and the employees of the Port Angeles Police Department, represented by the Teamsters Union Local #$89, hereinafter referred to as the Union, concerning wages, hours and conditions of employment. 2. The parties acknowledge that each has had the unlimited fight and opportunity to make demands and proposals with respect to any matter deemed a proper subiect for collective ~-. bargaining. The results of the exercise of that fight are set forth in this Agreement. Therefore, except as otherwise provided in this Agreement, the parties voluntarily and unqualifiedly agree to waive the fight to oblige the other party to bargain with respect to any subject or matter not specifically referred to or covered in this Agreement. Section C - Recognition The City recognizes the Union as the exclusive bargaining representative for purposes of establishing wages, hours, and conditions of employment. The terms and conditions set forth herein shall apply to employees in the following dassifications: · Police Officer · Police Sergeant The Union agrees to provide, in writing, the name of the shop steward(s) and such notice and any changes thereto shall be provided to the Human Resources Manager. Section D - Savings Clause The City and the Union agree that should any portion of this Agreement be contrary to present or future State or Federal laws, both parties agree to mutually resolve the conflicts. Neither the City nor the Union shall be penalized or hold the other party responsible for conflicts which might arise. Any new provisions shall have no effect on the remaining provisions of this Agreement. ARTICLE I - GENERAL PROVISIONS (Con't) Section E - Non-Discrimination The City and the Union agree that they will not discriminate against any employee by reason / of race, creed, age, color, sex, national origin, religion, handicapped status, or marital status, or membership or non-membership in the Union. Wherever notations are used in the masculine gender, they are intended to apply equally to either gender. 2 ARTICLE II- RIGHTS OF PARTIES Section A - Management's Rights The City and its management representatives shall retain all customary rights, powers, functions, and authority normally reserved by management consistent with State law, local ordinances, and Department rules and regulations. This management rights section does not give Management the right to change or modify the existing negotiated contractual language of the Agreement. The Management rights shall include but not be limited to the following: 1. The City retains its rights to manage and operate the DepartJment except as may be limited by an express provision of this Agreement. 2. Set standards of se/vice, establish Department policy/procedures, work rules/regulations, safety procedures, and personnel policies and procedures. S. Select, increase, diminish or change equipment, vehicles, machinery, etc., including the introduction of any and all new, improved or automated methods or equipment. 4. Assign work and establish work schedules. 5. Engage in all types of personnel transactions and disciplinary proceedings in accordance with established ordinances and rules, and Department Policy and Procedures Manual. 6. Effect a reduction in authorized positions because of a lack of work, fiscal limitations, organizational changes, or other legitimate reason. 7. Determine the number and classifications of personnel. 8. Take any action necessary to carry out its mission in an emergency. S¢ction B - Union Security. 1. It shall be a condition of employment that all employees covered by this Agreement who are members of the Union in good standing on the execution date of this Agreement. shall remain members in good standing. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its execution date shall by the thirtieth (30th) day following initial hire, become and remain members in good standing in the Union, or in lieu thereof, pay each month a service charge equivalent to initiation fees and Union dues, paid to the Union, toward the administration of this Agreement. If. objections to joining the Union are based on bona fide religious tenets and the employee objects to joining the Union because of such beliefs, the employee shall pay an amount of money equivalent to initiation fees and Union dues to a non-religious 3 ARTICLE II - PdGHTS OF PARTIES (Con't) charity or to another charitable organization mutually agreed upon by the employee and the Union. The employee shall furnish written proof to the Union that such payment has been made. If the employee and the Union do not reach agreement on the charitable organization, the Public Employment Relations Commission shall designate the charitable organization. 2. The Union agrees that membership in the Union will not be denied or terminated for any reason other than the failure of the employee covered by this Agreement to tender the initiation fee, Union dues or service charge. The parties agree that if an employee fails to fulfill the obligation in (1) above, the Union shall provide the employee and the City with thirty (30) days' notification of the employee's failure to comply with this Section and during this period, the employee shall make restitution in the amount which is due or the City shall terminate employment. 3. The City shall notify the Union of new employees within thirty (30) days of employment. 4. Indemnification Clause: The Union agrees to indemnify and hold the City harmless from any liabilities of any nature which may arise as a result of the application of this Article. Section (~ - Payroll Deductions 1. Upon written authorization of an employee, the City shall deduct monthly dues from the salary of each employee and shall transmit such amount to the Union, and will withhold any other specified portion of an employee's salary for U.S. Savings Bonds, United Way contributions, optional insurance coverage provided by the City, and D.R.I.V.E. contributions. 2. The Union shall hold the City harmless against any claims brought against the City arising out of the City making a good faith effort to comply with this Section. 3. The employee shall be allowed to withdraw from automatic payroll deduction of Union dues with thirty (30) days' notice in writing to the Human Resources Office. 4. Payroll deductions for other authorized withholdings, noted above, except Union dues, shall be subiect to data processing limitations. Section I~ ' .PersoBnel Policy. and Procedures Except where this Contract is different, wages, hours, holidays, sick leave, vacation and related working conditions shall be in accordance with the current City Personnel Policies and Procedures and Salary Ordinance. Personnel benefits in the Personnel Resolution shall not be changed during the life of this Agreement, except changes in related working conditions which shall be negotiated with the Union. 30 4 ARTICLE II - RIGHTS OF PARTIES (Con't) Section E ' Record Keeping The City shall maintain records of overtime, and time off and the data in the records system will be made available to employees. The City will keep records of requests and disbursements regarding tuition reimbursement. Section F - Personnel Records The City and the Union recognize that the employee's official personnel file relative to any personnel actions (i.e., promotion, disdplinary actions, performance evaluations, pay status, etc.) shall be kept and maintained in the Human Resources Office. Departments may keep and maintain employee personnel files but such information in the Department files shall not be used relative to taking personnel actions, unless such information is also contained or referenced in the official personnel file. Any employee may review his/her personnel file in the Human Resources Office or within the Department upon request, with reasonable notice, and may have a copy of any information contained in the file. Whenever a Department Head places information concerning the employee in the official personnel file, a copy will be provided to the employee. If such information is the result of disciplinary action or an unsatisfactory performance evaluation, the employee may submit a rebuttal which shall be made part of the employee's personnel file. Such a response by the employee shall be within thirty (30) working days of receipt of the disciplinary action or performance evaluation and be of reasonable length. Section G - Labor-Management Committee In the interest of developing mutual trust and open communication between the parties and improving employee/employer relations, the parties agree to establish a labor-management committee to met at times as mutually agreed upon. The members of this Committee for the City may include the City Manager, the Human Resources Manager, the Police Chief, and others as needed. The members of this Committee for the Union shall be the respective business agent for the Local 'and. two employees from the bargaining unit, and others that may need to attend who are affected by an issue under discussion. Attendance by other on-duty employees is permitted as long as staffing needs are adequately met and with approval of the Department Head. Section H- Police Department Employee Bill of Rights Employees covered by this Agreement shall be entitled to the protection of the Port Angeles Police Department Employee Bill of Rights. 5 ARTICLE II - RIGHTS OF PARTIES (Con't) 1. Prior to an employee being questioned relative to a possible disdplinary matter, the employee will be apprised of the issue and the nature of the complaint or issue under investigation. The employee shall be provided with written notice in advance of any disciplinary actions (excluding verbal or written reprimands). The written notice shall include specific charges, citing the alleged violation of a rule/regulation, etc., and an opportunity to respond to the charges. 2. Any questioning of an employee shall be at a reasonable hour, preferably when the employee is on duty, unless the circumstances of the investigation dictate otherwise. When practicable, such questioning shall be scheduled during the day time. 3. The investigation and questioning of the employee (which shall not violate the employee's constitutional rights) shall take place at the Port Angeles Police Department, except when impractical. The employee shall be afforded an opportunity and facilities to contact and consult privately with an attorney or representative of his own choosing before being questioned, who may be present during questioning. 4. The questioning shall not be overly long and the employee shall be entitled to such reasonable intermissions as he shall request for personal necessities, meals, telephone calls, and rest periods. 5. The employee shall not be subjected to offensive language nor be threatened as a guise to attempt to obtain his resignation. No promises or rewards shall be made as an inducement to answer questions. 6. No employee covered by this Agreement shall be required to take or be subjected to a lie detector or similar test as a condition of continued employment. 7. This Police Department Bill of Rights only applies to disciplinary actions and related investigations, excluding cases of criminal investigations. 6 ARTICI.E III- WORKING CONDITIONS Section A - Hours of Work 1. Work Week: The normal hours on duty for shift personnel shall be established by the City so that the average hours worked in any week shall be composed of five consecutive eight (8) hour shifts and two (2) consecutive shifts off duty. The City may require overlapping shifts if needed. Starting time for all regular shifts shall be as follows: Regular Patrol shifts are: Days: 7:00 AM to 3:00 PM Swing: 3:00 PM to 11:00 PM Graveyard: 11:00 PM to 7:00 AM Regular Detective shifts are: Days: 8:00 AM to 5:00 PM The K-9 Officer's work day shall be an 8-hour shift, including 30 minutes of dog maintenance. ............. Se day advance not, ice will be provided to changes to an employee's established schedule, unless an emergent police situation requiring a reallocation of ~hift personnel exist4 or a reassignment of personnel due to illness, injury, suspension or resignation or termination of commissioned personnel with less than two weeks notice is necessitated. An employee who is required to report back to duty on a new schedule without seven (7) days advance notice and prior to completing a scheduled two days off shall receive overtime for that portion of the work week worked which falls during the previously scheduled two days off. b. Nonstandard shifts or extra shifts may be scheduled for the following reasons, when needed, and will be scheduled 24 hours in advance, unless an emergency manpower situation exists: 1. To provide staff for a special services section that may indude, but is not limited to, Bicycle Patrol Crime Prevention duties, ProAct duties, DUI emphasis patrols, focused crime prevention patrols, criminal investigations, or community policing functions as adopted by the department. 2. Work Day: The normal work day shall consist of eight (8) consecutive working hours in a 24-hour period (separated at the approximate mid-point by a meal period, if appropriate, as defined herein). The starting and ending times of the work day shall be ~ determined by the City. 7 ARTICLE III - WORKING CONDITIONS (Con't) 3. Rest. Periods: The City shall provide two 15-minute rest periods; one in the first half and one in the second half of the work shift. Such rest periods may not be permitted (,~ if Departmental operations would be affected. . Rest periods, ff not taken as scheduled by the supervisor, shall not be accrued and taken beyond the current shift. 4. Meal Periods: Meal periods shall be scheduled by the City and will be either S0 minutes of paid time or 60 minutes of non-paid time, as determined by the City. The Supervisor shall determine the meal period during the shift. Detectives on stand-by are excluded from application of this Section. 5. Personal requests for a change or trade of shift must be approved by administration. The City shall not be obligated to provide overtime or additional compensation to the affected employees for overtime incurred resulting from a requested change or trade of shift for personal reasons nor shall the City be obligated to pay for time not worked in a normal work week as a result of such change or trade of shifts. Section t3 - Shift Rotation The City may, at its discretion, change an employee's work shift In the event of shift rotations, the City shall provide a minimum of seven (7) calendar days' advance notice to the employees affected, as determined by the Police Chief. Section C - Response Time Employees covered by this agreement shall reside within a BO-minute response time from the Police Department Headquarters. Driving time shall be calculated using the lawful speed limits. Section D - Relatives Working in the Police Department If employees in the Police Department become related through marriage or cohabitation, which may result in a problematic, questionable, or preferential supervisor/subordinate relationship in the judgment of the Police Chief, the City will make a reasonable effort to change shifts of the individuals affected. However, the City reserves the exclusive right to terminate, transfer, or re-assign one of the individuals involved, if necessary, to resolve operational or personnel problems in managing the Police Department. Prior to terminating an employee because of this policy, the City shall make reasonable effort to transfer the individual to another position. The Union reserves the right to be consulted prior to any decision on this matter. Section E ' Work Stoppages. Strikes, or other Concerted Work Actions The City and the Union agree that the public interest requires efficient and uninterrupted municipal services, and to this end, pledge their support to avoid or eliminate any conduct /~ contrary to this objective. During the term of this agreement, the Union and the employees covered by this agreement shall not engage in any work stoppage, strike, work slow-down, sick- 8 ARTICLE III - WORKING CONDITIONS (Con't) out, or any other concerted activity which may, in any manner, interfere with public safety, municipal services, or be construed as contrary to the objective above. It is further understood that employees who engage in any such actions as noted above shall be subject to any disciplinary action as may be determined by the City. Employees shall be held responsible for any financial losses suffered by the City as a result of such work actions. Section F - Drug Testing Policy. Policy.: Reporting to work under the influence of alcohol and/or illegal drugs, or the use,' sale, or possession by an employee of illegal drugs is strictly prohibited and may result ~n disciplinary action, including immediate termination. For the purpose of this policy., substances that require a prescription or other written approval from a licensed physician or dentist ~:or their usc shall also be included when used other than as prescribed. Each employee must advise the employer if they are using prescription or over the counter drugs they know or reasonably should know may impair their ability, to perform job functions and/or operate machinery such as automobiles. Under appropriate circumstances, the employer may request the employee provide written medical authorization to perform various !ob functions from a physician while using such drugs, Any voluntary request by an employee for assistance with hitdher own alcohol a. buse problem will remain confidential and shall not be used as the basis for any disciplinary action provided that the request for assistance is initiated prior to being identified as impaired through the procedures herein. The parties recognize the essential purpose of any law enforcement agency i~ to enforce the criminal laws. Moreover, the parties recognize the courts have held it would substantially impair law enforcement agencies, if they were required to employ individuals within their ranks who have violated the very. laws said agencies are charged with enforcing. Therefore, the employer reserves the right to refuse to Employ or continue the employment 9f i~ndividuals who are or have been engaged in criminal conduct, whether drug-related or not, When a supervisory employee has a reasonable suspicion to believe an employee is under the influence of alcohol or illegal drugs, or is using illegal drugs, the employee in question will b~ asked to submit to discovery testing including breath tests, urinalysis and/or a blood screen for the pre~ence of alcohol or illegal drugs. A~ employee who refuses to submit to discovery, testing for alcohol and/or illegal dru~ shall be conclusively presumed to be under the influence of alcohol or an illegal drug for the purpose of administering this Section. If the res~;lt$ of the drug test are positive, and establish that the employee used an illegal drug, or reported to work while under the influence of alcohol, the employee may be subject to discipline including immediate discharge. 9 ARTICLE III- WORICING CONDITIONS (Con't) 2 D~inixi_~: For the purpose of administering this Section, the following definition of terms is ~ Reasonable Su~?icion - Reasonable suspicion is bosed on specific ob!ective facts and reasonable inferences from those facts in the light of experience, that discovery, testing will produce evidence of illegal drugs or improper alcohol use by that particular employee. Undo' the Influence- The following cu?off levels shall be used for the initial screening of specimen~ to determine whether they are negative for these drugs or classes of drugs: ~ Test Level Amphetamines 1000 Barbiturates 300 Benzodiazepines 300 Cannabinoids 100 Cocaine Metabolites 300 'Methadone 300 Methaqualone 300 Opiates (Codeine~ 300 Opiates (Morphine~ 300 ~'~ Phencyclidine (PCP) 25 propoxyphene SO0 Level of the positive results for ethyl alcohol 0.05 gr/dl. Illegal Drugs - are defined as all forms of narcotics, depressants, stimulants, hallucinogens, and cannabis, which sale. purchase, transfer, or unauthorized use or possession ~s prohibited by law. Over-the-Counter Drugs - are those which ore generally available without a prescription alad are limited to those drugs which are capable of impairing the !udgment of an employee to safely perform the employee's duties. Prescription Drugs - are defined as those drugs which are used in the course of medical treatment .and have been prescribed and authorized for use by a licensed practitioner/ physician or dentist. 3. Procedures: If an employee is required to submit to a drug test, the following procedure shall be 10 ARTICLE III - WORKING CONDITIONS (Con't) · The employee shall be ~ven an opportunity, to confer with a union representative if one is readily available and the employee has requested a representative. · The employee shall be ~ven aB opportunity, to explain to the Medical Review Officer (MRO) the reasons for the employee's conditions, such as reaction to a prescribed drug. fatigue, exposure to toxic su, bsta~, ces, or any other reasons known to the employee. The employee, employer, and a ,union representative may be present during this discussion. · The employer may request urine and{or blood samples. · Urine and blood samples shall be collected at a local laboratory., hospital, or medical facility, The employer shall transport the employee to the collection site. The employer and/or union representative may be allowed to accompany the employee to the collection site and observe the bottling and sealing of the specimen. ~ specimen container~ and vials and bags used to transport the specimen shall be sealed to safeguard their integrity, in the presence of the employer, employee, and the union representative to the extent they. have elected to be present, and proper chain-of-custody procedures shall be followed. · The collection and testing of the samples shall be performed only by a laboratory and by a physician or health care professional qualified and authorized to administer and determine the meaning of any test results. The laboratory performing the test shall be one that is certified by the National Institute of Drug Abuse (NIDA). · If a specimen tests positive in an immunoassay screen test. the results must be confirmed by a gas chromatography/mass spectrometry test. The specimen mus~; show positive results at/within the following limits on the GC/MS (gas chromatography/mass spectrometry) c0nfirmatery test to be considered positive: If immunoassay is specific for free morphine, the initial test level is 25 ng/ml. Confirmatory. Test: Marijuana metabolites 15 n~ml CQcaine metabolites 150 n~ml Opiates: Morphine 300 n~ml Codeine 300 ng/ml ~hencyclidin¢ 25 n~ml Amphetamines: Amphetamine 500 nffrnl Methamphetamine 500 n~ml · At the employee's or the union's option, a sample of the specimen may be requisitioned and sent to a laboratory chosen by the unior~ for testing. The cost of this test will be paid by the union or the emvlovee. Failure to exercise this opti0ln may no~; be considered as evidence in an arbi~at~on or other proceeding concerning the drug test or its consequences, The results of this. second test shall be ')rovided to the City. II 37 ARTICLE III- WORKING CONDITIONS (Con't) · The employee and the union shall be informed of the results of all tests and provided with alt documentation regarding the tests as soon as the test results are available. The parties agree to use the Medical Review Officer (MRO) in the Virginia Mason DrugProof facili .ty to review all confirmed pgsitive te~.t results and communicate those results to the employer, The MRO ~hall have the responsibility to determine when an individual has failed a drug test in accordance with the .sta~ndard enumerated herein. ARTICLE IV- COMPENSATION Section A- Wages - Three-Year Ageement ....... ~ ~.,,,~ ~ ...... ,~. Effective !anua~ 1, 1998, wages ~ be increased by 3.0% for a~ employees covered by ~is labor con~act, 1 2 3 4 5 --'-: ..... ~ ""'- --" .... : ..... ~ ~"'~ Effective la ~ 1 1999 3 0% bo~d ~e~e plus a co~t-of-~ng inhere equ~ to 9~ of ~e Seatde CPI-W Index for ~e previous year. The basis for ~e CO~ increase shall be ~e pay rate ~a~ resulm after ~e 3.0% wage rate for 1999. Effe~ve l~u~ 1,2~, ~e wage, ~ be ~e~ed equ~ to 9~ of ~e Seatde CPI-W increase for ~e pre~ous ye~. The bi-wee~y and estimated mon~ly sala~ schedules for 1998-99 are as fo~ow,: 1998 ! 2 ~ ~ PoBce Officer 1350.40 1411.10 1475.23 1541.67 2,926 3,057 ~, 196 3.340 3.48~ Police S~. 1793.O8 1853.79 3.885 1999 i 2 _3 _4 2i Police Officer 1424.71 1488.75 1556.41 1626.51 1696.61 3,087 3,226 3.372 3,524 3,676 Police Sm. 1891.75 1955,80 't,099 4,238 Note: 1999 rates are calculated from 1998 by 3.0%, then compounded by 2.43%. Sectio.n B ' Deferred Compensation The City will make a 3,1% biweekly contribution to the deferred compensation account of each l~ bargaining unit employee, based upon the employee's base wage. '~: ...... _.1___.: .... ~'~" bc 13 39 ARTICI.E IV - COMPENSATION (Con't) Section C - Longevity. Pay The City agrees to pay longevity premiums as follows, Computed upon the monthly base wages: · Completion of five (5) years City service, 2%; · Completion of ten (10) years City service, a total of 4%; · Completion of fifteen (15) years City service, a total of 6%; · Completion of twenty (20) years City service, a total of 8%. Longevity premiums shall be paid beginning with the first full pay period following the completion of the eligibility requirements. For the purpose of determining eligibility for longevity premiums, City service shall be limited to time served in good standing as a regular full-time employee of the Port Angeles Police Department covered by this Agreement. Section D - Overtime Compensation 1. Overtime hours are those compensable hours which the employee is assigned to work in excess of forty (40) hours in the work week or eight (8) hours in the work day. 2.. Overtime hours worked shall be paid at the rate of time and one-half the employee's regular rate of pay, calculated to the nearest 15 minutes. ~ (. 3. Overtime pay shall not be compounded with any other form of premium compensation, excluding higher class pay, paid to the employee. 4. Overtime work is a condition of employment when called upon to meet the operational needs of the Department. However, the Department shall attempt to assign overtime in a fair and equitable manner whenever possible. Overtime shall be offered to regular, full-time Police Officers in descending seniority and assigned by ascending seniority. R~gular police work shall be offered to Police Officers prior to using Police Reserves. Work that may be performed by Reserves includes social and community events, parades, dances, and other similar affairs, as well as downtown street patrol, City Pier, Waterfront Trail patrol, and situations not requiring the expertise of fully commissioned, State Certified Police Officers. Management reserves the right to establish citizen volunteer programs to perform non- critical public service functions related to the Department's Community Policing goals and objectives. Such programs or functions shall not supplant current full-time department personnel. k 14 40 ARTICLE IV - COMPENSATION (Con't) ,,, o~ ..... V'"'Y"" ,o ,,.~lm,~u Lv ,~¥v-t tv u,,- ,~-,y,,-,y,..,. o '"'~3 ..... .T-,. * .... 1-.- /1 '"~\ L ...... £ .*. .L .... 1 ...... L-11 .... * *'L ..... : .... . .... .!1 ...L ............ 1 ..... ' J__~'-.-J --£.L- ~..-1..- llq\ L ........ . -----:--J ........ 1.,- ~ ~T. ..... £ ..... 1. 1.. ...... . L.'_/1- ............. 5. If an employee is required to report to the employee's regularly scheduled shift with less than twelve (12) hours of rest, the employee shall earn pay at the overtime rate until sucll a rest period is ~anted. This sub-section shall not apply to the relief sergeant shift, a detective assigned to and being compensation for standby hours at the time of callback, or whenever an employee is deprived of the twelve (! 2) hours rest period as a result of a change of work hours at his/her own request, a court appearance, or WA State mandated Tyaining. In these instances, the Department may permit the employee to take earned compensatory time until the employee has a twelve (123 hour rest period if staf£mg levels meet the minimum standard. Detectives assigned to standby duties shall receive overtime compensation for all hot, rs worked outside of the employees' normally scheduled hours and are eligible for the minimum three hour callback compensation. ~ 6. The maximum number of hours an employee may work shall be 12 hours in a work day, or' 65 hours in a work week, except in emergency conditions as determined by the Police Chief. Section E- Stand-By{Call-Back 1. Stand-by hours are those hours in which the Police Department requires an employee to remain "on-call" for possible work outside his/her normal work schedule, when assigned by a supervisor. The employee on stand-bY shall be required to wear a paging device or c. any a portable radio (as determined by the City) to be reached when needed, and/or remain within the range of the pager/radio or telephone. 2. Stand-by Compensation: An employee on stand-by assignment shall receive $84 per week, or $12 per day. A day is a 24-hour period and a week is a week of 168 consecutive hours. 3. Call Back Compensation: An employee called back to work on other than his/her normal work schedule shall be compensated a minimum of cwo w-) three (3~ hours at the overtime rate of pay. Hours worked beyond the ~ three (3) hour minimum shall continue to be paid at the overtime rate until relieved of duty. Court time, on other than the employee's regular work schedule, shall be compensated as call-back. Section F - Gompensato .fy Time 1. No employee will be allowed to accumulate more than 88 120 hours of comp time. 15 ARTICLE IV- COMPENSATION (Con't) 2. An employee on compensatory time off shall be deemed to be on official leave with pay status. g. Any compensatory time credits which have been actually taken by an employee shall be included in computing the hours of his/her work week. 4. An employee who notifies the Police Chief or his designee promptly and substantiates to the satisfaction of the Police Chief or his designee that he/she was sick on a scheduled day of compensatory time off may request that a day of sick leave be taken rather than previously scheduled compensatory time. Use of compensatory time shall be by mutual agreement with the employee and his/her supervisor or the Department Head. The Department Head or employee's supervisor shall make all reasonable efforts to accommodate a request for compensatory time off when made at least seven (7) days but not more than thirty (30) days in advance. This section shall also apply to floating holidays. 5. An employee may choose to add comp time to his bank as long as his bank does not exceed the 88 120 hour maximum. Section G - Educational Incentive Pay The City,. to encourage and improve the proficiency of its employees, offers employees covered by this Agreement the following Educational Incentive Pay program: patrol Officers Fourteen dollars ($14) per pay period for completion of 45 semester hours in law enforcement related subjects. To retain this educational incentive pay, the employee must complete six semester hours annually. Thirty-five dollars ($35) per pay period for completion of 90 semester hours in law enforcement related subjects. To retain this educational incentive pay, the employee must complete two semester hours annually. Fifty-six dollars ($56) per pay period for attainment of a two-year degree in a law enforcement related subject. Eighty-five dollars ($85) per pay period for attainment of a four-year degree in a law enforcement related subject. Sixteen dollars ($16) per pay period for completion of 45 semester hours in law enforcement related subjects. To retain this educational incentive pay, the employee must complete six semester hours annually. ARTICLE IV- COMPENSATION (Con't) Forty-five dollars ($45) per pay period for completion of 90 semester hours in law [ enforcement related subjects. To retain this educational incentive the employee pay, must complete two semester hours annually. Sixty-five dollars ($65) per pay period for attainment of a two-year degree in a law enforcement related subject. One hundred dollars ($100) per pay period for attainment of a four-year degree in a law enforcement related subject. All law enforcement subjects shall be as approved by the Washington State Training Commission and meet the necessary requirements of an accredited college or university. All new employees having college credits in other than Peninsula College shall have such credits transferred to Peninsula College for qualification for the educational incentive pay. This shall not apply to employees who have completed a two or four-year degree program in law enforcement at another accredited college. di~eretio~. Probationary. employees shall not be eligible for educational pay., This does not apply to promotional probations. Section H - Tuition Reimbursement ,L'L~_ ..... J 'T~' ...... . ~.'J L...*L- /'"'-'. ........ . ...L---- L".__ J_'__ ! ...... -'J~.J L ..... The City's tuido~ re~mbu~ement pro.am ,cove~ pa>nnent ~or college course wor~ to encourage employees to pursue iob-related education/t~aining. Under the tuition reimbursement pro.am, the City pay~ for 75% of tuition and required books, not to exceed $500 annuaU¥, subi¢c* to budgetary, restrictions and in accordance with the following requiremenl~; Requests for tuition reimbursement must be made in writing, in advance, on the form provided by the Human Resources Office. b_~ All course work must be !ob-related and requires advance approval by the Department Head and City Manager, processed through the Human Resources Office. Prior to payment of approved tuRion reimbursement, the employee must provide proof of a grade "~" or better, together with a copy of receipts for the course and required books. 17 43 ARTICLE IV - COMPENSATION (Con't) cl) The City may retain certain course materials (i.e., books, reference materials) if the Department Head determines such materials are of value to the City.. Courses offered during regular work hours may be approved, per the above policy., if time off can be arranged without affecting the public services or disrupting departmental operations. Such time off should be charged to accrued vacation, comp time, or leave without pay. The following are examples of courses that may be approved as job-related. Final determination for acceptability of tuition reimbursement is the decision of the Police Chief and City. Manager. ! Law enforcement courses (e.g.. Introduction to Criminal Justice. Criminal Justice Administration, Crime Scene Investigation. Criminal Law) · _ Psychology ! Speech ! Computer courses related to specific software/hardware used by the department ! Typing. English ! Report writing and written communications courses ! Supervision/management courses (for supervisory, positions) Section I - Higher Class Pay When an employee is assigned to work in a higher dassification for two (2) or more consecutive hours, the employee shall be paid higher class pay at the beginning salary for the higher class for the duration of the assignment, calculated to the nearest 30 minutes. Section ! ' Uniform Maintenance Allowance 1. Uniforms will be purchased and provided to offers through the Department's quartermaster system. Officers requiring uniforms or equipment shall make a written request to the Department administration for uniforms or equipment. Purchases made under the quartermaster system require the approval of the Chief of Police or his designee. Police Officers and Sergeants assigned to the Detective Division shall receive $4-50 $500 annually, effective January 1, 1995 1998. Officers assigned to the Detective Division on or after January 31gt shall be paid a pro-rated uniform allowance based on the remaining weeks of the year. 2. The required uniform is described in the Department Policy/Procedures Manual. 3. Only those items listed in the Police Department Policy and Procedures Manual may be purchased with uniform maintenance allowance funds. The Department retains the right to determine if the artide purchased is an approved part of the uniform, is of acceptable quality, and is in conformance with Department standards. 4. The Police Chief retains the right to supply uniform or equipment artides from supplies on hand rather than authorizing the employee to purchase new uniform artides. 18 ARTICLE IV - COMPENSATION (Con't) 5. The employee agrees to maintain and repair his/her uniform and have all items available for inspection upon reasonable notice. 6. All articles purchased by the City will be the property of the City and will be returned prior to leaving City service (i.e., retirement, termination, etc.) 7. The City agrees to provide each officer with a bullet-proof vest, approved by the Police Department. Replacement of the vests and selection of the vests shall be determined by the Police Department. Section K - Field Training Officer Pay The City agrees to pay a Police Officer assigned and functioning as a Field Training Officer an additional $12 per day. 19 ARTICLE V - PAID LEAVE TIME Section A- Vacation Vacation leave shall accrue to each employee covered by this Agreement, as follows: Annual Hrs. Days Per Max. Accrual Accrual Year Hours 1 - 5 continuous years of City service 80 10 288 6 ~ 10 continuous years of City service 120 15 368 11 - 15 continuous years of City service 160 20 448 16 - 20 continuous years of City service 200 25 528 21 & over continuous years of City service 240 30 608 Vacation may be taken only upon completion of one full year's service (except for holidays - see Section C- Holidays). Thereafter, vacation credit earned may be taken upon properx.~ authorization, per Department procedures. Application for such leave shall be made in advance and is subject to Departmental approval. The maximum accrual of vacation leave is noted in the preceding char~ Employees shall be paid for unused vacation leave at their final base hourly rate (i.e., straight time) upon leaving City service, except for terminations during the employee's new hired probationary period. If an employee has prior approval for vacation and is called back to work once his/her vacation has started, the employee will be compensated at the overtime rate of pay for the time which interfered with scheduled vacation. Sect/on B - Sick Leave 1. The use of sick leave benefits is considered a privilege and not a fight, and may only be used in the event of actual illness or disability to the employee or family members as provided for in this Contract. In the event of a serious illness to an employee who has exhausted his/her sick leave accrual, the City Manager, at his/her discretion, may advance sick leave credits upon expiration of accrued sick leave credits. 20 ARTICLE V - PAID LEAVE TIME (Con't) 2. Sick Leave Accrual. Sick leave shall accrue at the rate of 3.69 hours per pay period for all employees covered by this Agreement, except LEOFF I covered employees, who shall accrue at the rate of 1.85 hours per pay period. The maximum accrual of sick leave credits shall be limited to 150 days (1,200 hours). S. NoO. fication Requirement. An employee requesting sick leave usage must provide the proper notice as established in the Police Department Policy and Procedures Manual. When sick leave extends to three or more consecutive days, the employee may be required to provide proof of illness from a medical doctor if the request is made before the employee returns to work. Misuse of sick leave shall be considered cause for disciplinary action. 4. Use of Sick Leave. Sick leave may be used for the following: a. Illness or injury to the employee, on or off the job, resulting in an inability of the employee to perform his/her work. b. Illnes~mjury to the employee's immediate family requiring the attendance of the employee to medically care for the family member. Proof of this medical need may be requested by the City in the form of a doctor's verification. Such sick leave is limited to three days per incident, unless specifically approved by the Police Chief. "Immediate Family" for sick leave and bereavement leave benefits shall indude only persons related by blood or marriage or legal adoption, which includes parent, wife, husband, brother, sister, child, grandparents or grandchild, and any relative living in the employee's household. Employees on approved sick leave will continue to accrue sick leave. c. Bereavement Leave: Sick leave may be used for purposes of attending a funeral of a family member. Funeral leave shall be limited to not more than three consecutive days per instance, unless specifically approved by the Police Chief. d. Maternity Leave: Illness/disability resulting from pregnancy, miscarriage, or childbirth shall be charged to sick leave and then, if necessary, to vacation accrual. Upon expiration of paid leave (sick leave, vacation, holiday time, etc.), an employee may request a maternity leave of absence without pay. Maternity leave of absence shall not exceed six (6) months, including all paid or unpaid leave, except if determined medically necessary and certified by a physician. e. Paternity Leave: The Department Head may approve a leave of absence of up to 30 days for an employee to assist the mother of his newborn child or caring for their child (natural or adopted). Such time off shall be taken first from accrued vacation and then leave without pay. 21 ARTICLE V - PAID LEAVE TIME (Con't) A request for paternity leave must be submitted in writing at least sixty (60) days in advance of the requested leave start date. The leave of absence, if approved, may not begin more than thirty (30) days before the anticipated delivery date or date of adoption, nor extend beyond thirty (30) days after the delivery date or date of adoption. f. Payment of Unused Sick Leave: The City shall pay 20% of accumulated sick leave upon retirement (normal or disability) or death of the employee after completion of ten (10) or more consecutive years of service. Payment of such sick leave shall be calculated at the employee's base rate of pay. 5. Eamily_I,e.~e a. An eligible employee may take up to twelve (12) work weeks of family leave during any consecutive twelve (12) month period for: 1. The birth of a child and to care for a newborn child; or 2. Placement with the employee of a child for adoption or foster care; or 3. Care for a spouse, child under the age of 18 years, or parent, but not including parent-in-law, who has a serious health condition caused by injury, disease, illness, or impairment that involves in-patient care at a medical facility or continuing treatment by a health care provider; or 4. To care for self, ff the employee has a serious health condition that makes the employee unable to perform the essential functions of the employee's job. b. Family leave shall indude unpaid leave, paid leave, compensatory time and paid legal holidays, if any. Leave for childbirth, adoption or placement for foster care shall be completed within twelve (12) months after the birth or placement for adoption, as applicable. Family leave shall be charged to accrued sick leave, accrued compensatory time, and floating holidays. Unpaid leave as family leave shall be authorized only after the exhaustion of all forms of available paid leaves above. Vacation may also be used for family leave. c. ~: To be eligible for family leave, an employee must have been employed by the City for at least 12 consecutive months prior to the date family leave is to begin and have been compensated for at least 1,250 hours during the same 12- month period. Family leave is available to all regular fuR-time and regular part- time employees. d. Maintenance of Benefits: During periods of family leave, the City will maintain employee and dependent coverage under the health plan under which the employee was enrolled at the time leave commenced and shall make premium payments at the same level as was made prior to leave commencement. Should 22 ARTICLE V- PAID LEAVE TIME (Con't) the employee fail to return to work at the condusion of authorized family leave, the City shall recover any premiums paid for maintaining health coverage under this section, unless the reason is the continuation, onset, or recurrence of a serious health condition. e. Spouses employed by the City are entided to a combined total of 12 work weeks of family leave for the birth or placement of a child for adoption or foster care, or to care for a child or parent, but excluding a parent-in-law, who has a serious health condition. f.~ Medical Certification Required: Each employee requesting family leave shall make application on an approved City application form and provide a certification from the attending physician. Submission of the medical certification should be made at the time of application but shall be submitted not later than 15 calendar days after application is made. Failure to provide the medical certification within the required 15 days after application, and the leave was foreseeable, shall be cause to deny family leave until such time as an acceptable medical certificate is provided to the City. If the validity of the claim is disputed or unclear, the City may require the employee to obtain a second opinion by a provider of the City's choice and at the City's expense. In the event of a dispute between the two providers, the City may require an opinion of a third provider jointly selected by the employer and the employee, the cost of which shall be borne by the City. The opinion of the third party shall be binding. g. Approval of Family Leave: All requests for family leave require the approval of the employee's Department Head and the Human Resources Manager. h.' Seriou~ Health Condition: A "serious health condition" is an illness, injury, impairment, or physical and medical condition requiring: 1. In-patient care in a hospital, hospice, or residential medical care facility; or 2. Continuing treatment by a health care provider. i. ~ontinuing Treatment: Continuing treatment by a health care provider means one or more of the following: 1. The employee or family member is treated two or more times for the injury or illness by a health care provider; or 2. The employee or family member is treated two or more times by a provider of health care services (e.g., physical therapist) under the orders of, or on referral by, a health care provider, or is treated for the injury or illness by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of a health care provider (e.g., course of medication or therapy) to resolve the health condition. 23 49 ARTICLE V -PAID LEAVE TIME (Con't) 3. The employee or family member is under the continuing supervision of, but not necessarily being actively treated by, a health care provider due to a serious long-term or chronic condition or disability which cannot be cured (e.g., Alzheimer's disease, severe stroke, or persons in the terminal stages of a disease who may not be receiving active medical treatment). j. An employee planning to take family leave shall complete the request for a leave of absence and provide their Department Head and immediate supervisor with written notice thirty (30) days in advance of the anticipated date of delivery or placement for adoption, stating the dates the employee intends to take family leave, unless exempted as follows: 1. The birth is premature; 2.The mother is incapacitated due to birth so that she is unable to care for the child; 3. The employee takes custody of the newly adopted child or child placed for foster care at an unanticipated time and is unable to give thirty (30) days advance notice; 4.The Department Head, employee's supervisor and employee agree to notice of less than thirty (30) days. An employee should give at least 14 calendar days notice if leave taken pursuant to Section a-3 is foreseeable and make a reasonable effort to schedule treatment so as not to unduly disrupt departmental operations. Failure to give the required notice may result in the requested leave being reduced by up to three (3) weeks. k. Subject to Section 1, below, an employee who exercises any right provided under this section shall be entitled, upon return from leave or during any reduced leave schedule: 1.To the same or equivalent position in salary as was held by the employee when the leave commenced; or 2. If the department's circumstances have so changed that the employee cannot be reinstated to the same position, or a position of equivalent pay and benefits, the employee shall be reinstated in any other position which is vacant and for which the employee is qualified. 1. The entidements under Section k above are subject to bona fide changes in compensation or work duties, and do not apply if: 1. The employee's position is eliminated by a bona fide restructuring, or reduction-in-force; or 2. An employee on family leave takes another job; or 3. The employee fails to provide timely notice of family leave as required under Section j, or fails to return on the established ending date of leave. 24 ARTICLI~ V. PAID LEAVE TIMt~ (Con't) m. The City may elect to designate up to ten percent (10%) of its "highly compensated" salaried personnel to be exempt from reinstatement from the FMLA, and the employer shall notify the affected employee of this action at the time the employee makes a request for the leave of absence. n. Family leave for birth or adoption or placement for foster care may only be used in full work week units and may not be used on an hourly basis or on a single day usage basis unless intermittent leave is requested by the employee and approved by both the Department Head and Human Resources Manager. Only the actual number of hours taken will be subtracted from the employee's annual family leave entidement. Legal holidays occurring during a week of family leave will not extend the total number of weeks of family leave available. o. Family leave for serious health conditions may be used either as full work week units or on an intermittent or reduced leave schedule if medically necessary. Legal holidays occurring during a week of family leave will not extend the total number of weeks of family leave available. Only the actual number of hours taken will be subtracted from the employee's annual family leave entidement. Section C - Holidays The following are the holidays provided for under this Agreement: New Year's Day January 1st Lincoln's Birthday February 12th Washington's Birthday Third Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day First Monday in September Veteran's Day November 1 lth Thanksgiving Day Last Thursday in November Day after Thanksgiving Last Friday in November Christmas December 25th One Floating Holiday 1. Employees covered by this Agreement shall in January of each calendar year, receive 88 hours of holiday time (10 named holidays plus one floating holiday = 88 hours) credited to his/her vacation bank. (See Vacation Section for administration of these hours.) 2. An employee has the option of selling back for cash a maximum of forty (40) hours of vacation accrual at any time during the year, in increments of eight (8) hours. Such cash-out of holidays shall be at the employee's regular hourly rate of pay. pl ..... ' ..... t_,,_, ....... ~ _,._ .... 3. If an em oyee ............... y ............. is scheduled to work on a holiday, the employee shall receive pay at the rate of time and one-half for all hours worked on the holiday. 25 SECTION V - PAID LEAVE TIME (Cont) 4_. Ail hours worked on a holiday in excess of eight (8) hours shall be paid at the double time rate. 5_,. When an employee is called back to work on ~ holiday for which he was not previously schedUled to work, all hours Worked shall be paid at the double time rate. 6 When the major portion of any shift is on a contractual holiday, the entire shift shall be paid according to this section. 4 _7. If.an employee leaves City service, his/her vacation bank will be reconciled based upon the number of holidays which have occurred during that calendar year, prior to leaving City service, exduding the floating holiday. Employees hired during the calendar year shall have the holiday hours credited based upon the number of designated holidays (including the floater) remaining in the calendar year and shall be allowed to use this holiday/vacation time prior to the completion of one year. :~ 8. For those employees working Monday through Friday, when one of the above holidays falls on Saturday, the preceding Friday shall be observed. When such holiday falls on a Sunday, the following Monday shall be observed. 26 ARTICLE VI- HEALTH BENEFITS ~ 1. Medical Coverage During calendar year 1998 and 1999, ghe Ci.ty paid the monthly premium fgr family coverage through the Association of Washin~on Cities Plan A medical coverage. Effective January 1, t 995 2000, based on December, q-994 1999 hours, the City shall pay the monthly premium into the Washington Teamsters Welfare Trust $o~ ~,, ....... t for Plan JC 28XL fc~r ---t ' ~r~ , .... , ....... ~,,~ eA~A o~ r-- the 2. Dental Coverage Eff~ve J~u~ 1, 1995 1998, breed on Decker ~ 1997 horn, ~e Ci~ shah pay ~ ~e mon~lv. .Pre'urn for ~e W~on Te~t~ Den~ Trust ~, PI~ RC, for each employee who was compensated for eigh~ (80) hours or more ~ ea~ prece~g mon~. ga!d pa)~.ent tv Ec made on cr Eefcrc Effe~ve J~u~ 1, 1995 1998, b~ed on ~m~r ~ 1997 ho~s, ~e Ci~ sha~ pay ~ ~e Teamsters Vision Care Trust for fa~lv coverage .......... for each employee who was compensated for eigh~ (80) hours or more during 4. Long Term Disability. coverage is provided for and paid by the City for LEOFF II Police Officers. The LTD benefits provide for a 90-day waiting period, with benefits equal to approximately 6096 of salary, subject to the specific terms and limitations of the policy. 5. ~: The City shall maintain a $5,000 term life insurance policy for employees and a $1,000 term policy for the spouse. 6. The City will provide benefit booklets for the medical, LTD, and life insurance benefits above. The Teamsters will provide benefit booklets for the vision and dental coverage. The premiums, and any increases for the benefits above, will be paid for by the City for the term of the agreement. 27 ARTICLE VII- GRIEVANCE PROCEDURE Section A - Objectives To informally settle disagreements at the employee/supervisor level; to provide an orderly procedure to handle the grievance through each level of supervision; to correct, if possible, the cause of the grievance to prevent future complaints; to promote harmonious relations among employees, their supervisors, and Departmental administrators; to assure fair and equitable treatment of employees; to resolve grievances at the Departmental level before appeal to higher levels. Se. ction B - Definitions The following terms, as used in this Article, shall have the following meaning: Grievance: A complaint by an employee or a Union representative concerning the interpretation or application of this Agreement. A grievance may be filed when the employee believes an injustice has been done because of unfair application of a policy or an alleged violation of any term or condition of this Agreement. Working Day: Exclusive of Saturday, Sunday, and legal holidays. ~: Any employee of the classified service of the City of Port Angeles Police Department covered by this Agreement. Immediate Su?ereisor: The person who assigns, reviews, or directs the work of an employee. Division Manage~. The person to whom an immediate supervisor reports. Representative: A person who appears on behalf of the employee. Department Head: The Police Chief of the City of Port Angeles. Section C - Exclusions 1. Work assignments, unless the complaint arises out of an allegation that the employee was required to work in violation of applicable sections of this Agreement. 2. Appeals involving demotions, dismissals, incremental denials, suspensions, promotions, separations, and examination procedures. (These matters are within the Civil Service Commission's authority.) Dismissals pursuant to Article III, Section D, are subject to this grievance procedure, ff the Civil Service Commission denies hearing the employee's appeal. 3. Work performance evaluations. 4. Impasse in collective bargaining. 28 ARTICI.E VII - GRIEVANCE PROCEDUR~ (Con't)  5, Grievances filed after t-;,;c;,~c.,; ~,,t ten (10) working days from date of occurrence, or after W;cn~y ~ ~m ~-v/ten (10) working days from the date the employee had knowledge of an occurrence. Section D - Time Limits Time limits are established to settle grievances quickly. Time limits may be extended by agreement of the parties. If the grievant is not satisfied with the decision rendered, it shall be the grievant's responsibility to initiate the action which submits the grievance to the next level of review within the time limits specified. Failure of the employee to submit the grievance within the time limits imposed shall terminate the grievance process, and the matter shall be considered resolved. Failure of the City to respond within the time limits specified will allow the grievant to submit the grievance to the next higher step of the grievance procedure. Section 1~ - The Parties' Rights and Restrictions 1. A party to the grievance shall have the right to record a formal grievance meeting at the expense of the requesting party. 2. An employee may have a representative present at all §teps of the grievance procedure. 3. Reasonable time in processing a grievance will be allowed during regular working hours for the shop steward, with advanced supervisory approval. 4. Nothing within this grievance procedure shall be construed as limiting the right of management to manage the affairs of the City. 5. Grievances of an identical nature, involving an alleged violation of the same article, section, etc., concerning the same subject matter, may be consolidated. 6. Confidential Communication. Any communication between a member of the Union and any recognized Union representative regarding a potential or actual employee grievance will be defined as confidential. 7. The Union, as a representative, may file a grievance alleging that the City has violated specific rights afforded the employees covered by the Agreement. Such grievance shall be filed directly at Step 2 (Department Head level), and shall be bound by the time limitations and procedures set forth in the grievance procedure. Section F - Informal Grievance Disposition Within twem3~-~ ten (10) working days from the occurrence of the incident on which a complaint is based, or within 'ciicn'cy (20) ten (10) working days from the employee's knowledge of the occurrence, the employee will promptly ~a~eet°o~ meet to verbally discuss the complaint with his immediate supervisor. In those circumstances where the nature of the complaint involves the immediate supervisor, the employee may verbally discuss the complaint with the next higher level of supervision, provided notification is given the immediate 29 55 ARTICLE VII - GRIEVANCE PROCEDURE (Con't) supervisor by the employee. Such initial discussion shall precede the use of the formal grievance procedure. If the supervisor fails to reply to the employee within flvc (5) ten ( 1 O) working days of the meeting, or if the employee is not satisfied with the decision, the employee may utilize the formal grievance procedure. Section G - Formal Grievance Procedure Step 1 The formal grievance procedure shall be initiated by the employee, stating the nature of the grievance, the alleged violation by section or number, and the desired solution, in writing on the City grievance form, together with any supporting documents attached to the grievance form. The grievance form and any supporting documents shall be delivered to the supervisors with whom the informal meeting was held, no later than ~-~ .... "~ ....... ~,Jj ten (10) working days from the date of the dose of the informal meeting. The supervisor shall hold a formal meeting with the employee to review the facts, gather all supporting documents, discuss the complaint and desired solution, and discuss the proper appeal procedure. The supervisor will issue a written decision on the original grievance form within ~ ten ( 1 O) working days of the close of the formal meeting. Step 2 If the employee feels the immediate supervisor has not resolved the grievance, the employee ~J may appeal to the Department Head. At this time, all supporting documents and evidence relative to the grievance shall be included with the appeal. The Department Head shall hold a formal meeting with the employee and his representative, if requested, within ten (10) working days from the date of the appeal receipt, and attempt to settle the grievance. A decision shall be made, in writing, on the original grievance form, to the employee by the Department Head within ten (10) working days from the dose of the formal meeting. Step 3 If the employee is not satisfied with the decision of the Department Head, he/she may appeal the decision to the City Manager within ~ ten (10) working days from receipt of the Department Head's decision. In his appeal to the City Manager, all supporting documents must be attached to the grievance form, together with the grievant's reason for appeal and stated remedy requested. The City Manager or his designee will review the original grievance, all supporting documents, the Department Head's response, and the remedy requested, and issue a written decision within ten (10) working days of receipt of the grievance. 30 ARTICLE VII- GRIEVANCE PROCEDURE (Con't) C Step 4 - Binding Arbitration If the grievant is not satisfied with the decision of the City Manager, within ~ ten (10) working days after receipt of the decision, the g~artt Union may submit the grievance to binding arbitration. For purposes of arbitration, the parties agree to use the Federal Mediation & Conciliation Service and request a list of seven names. The selection of the arbitrator shall be by each side striking a name from the list, with the first party to strike a name determined by a coin toss, until only one name remains. In the event the initial list is not satisfactory to either party, a second list of names may be requested. The cost of the arbitrator shall be divided equally between the City and the Union. Cost for witnesses, court reporter, or other individual expenses shall be borne by the requesting party. The Arbitrator shall not have the power to alter, amend, or change any contractual language of the Labor Agreement. 31 ARTICLE VIII- DURATION OF AGREEMENT This Agreement shall be effective January 1, 1995 1998, and shall remain in force through December 31, 1997 2000, and shall remain in effect during the course of negotiations of a new Contract. IN WITNESS WHEREOF, we hereunto attach our signatures this day of ~ ~'~ ! 999 CITY OF PORT ANGELES TEAMSTERS LOCAL #589 Gary Braun, Mayor Earl Douglas Bush, Jr. Teamsters SecdTreas. Mike Quinn, City Manager Pat Clark, Teamsters Business Rep Bob Coons, Human Resource Mgr. Eric Kovatch, Shop Steward Steve Ilk, Police Chief pORTANC L. S WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: December 7, 1999 To: MAYOR BRAUN AND CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works & Utilities SUBJECT: Purchase of Cat Compactor for Landfill Summary_: The City Council authorized the Public Works and Utilities Director to purchase, a used Landfill Compactor for an amount not to exceed $80,000 plus tax. A used landfill compactor has been located and purchased. The total cost was $89,017.50 or $2,697.50 over the authorized amount. Recommendation: Increase the authorization to purchase the used landfill compactor by $2,697.50, to a new total of $89,017.50. Background /Analysis: On September 7, 1999, the City Council authorized the Public Works and Utilities Director to purchase a used Landfill Compactor, if available within the next 60 days, in an amount not to exceed $80,000 plus sales tax of $6,320. We found a Compactor in Knoxville Tennessee that meets all the requirements and was available for a very short time frame. The replacement machine is a 1990 Compactor 816 Cat and is very nearly like the one we currently use. The unit has 3300 hours on it and is in good shape. We had a technical analysis performed by an independent Cat dealer and found that the machine is in excellent mechanical condition. The unit comes with Caron pin on wheels and a Boulderson Blade. These 2 features are more desirable when working in trash and have an added value of $2,500 over the standard machine. The cost of this Compactor is $82,500 plus $6,517.50 in sales tax for a total of$89,017.50. Our estimated cost of the replacement machine was $86,320 including sales tax, we have exceeded our authorized mount by $2,697.50. As we discussed in our report on September 7, 1999, good used machines are not readily available and the opportunity to purchase one has a very small window. We therefore ordered the machine to be assured that we would be able to have it for our Landfill needs. We anticipate that this machine will last for the remaining life of the current Landfill cell and we will not have to purchase another one. In our September memo we underestimated the cost of a new machine; we found out later that the a new Cat Compactor would cost approXimately $275,000. NAPWKS~EQUIPSVC~COMP.WPD 59 ORTANGELE$ WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: December 7, 1999 To: MAYOR BRAUN AND CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works & Utilities SUBJECT: Cooperative Purchasing Agreement. I~ The City of Seattle has bid and purchased a Brush Chipper of the same size and type that we have budgeted to purchase in 2000. The City has an opportunity to enter into a cooperative purchasing agreement with the City of Seattle. This agreement will allow us to make cooperative governmental purchases from Seattle's bid without expending time and funds to bid the item ourselves. We propose to order the chipper in 1999 and pay for the equipment in budget year 2000. Recommendation; Authorize the City Manager to sign a Cooperative Purchasing Agreement with the City to permit to purchase a brush of Seattle the Public Works & Utilities Director chipper in the amount of $29,800 plus a 10% contingency for possible price fluxuation. Background / Analysis: The City had two small brush chippers that were used by the Light and Street Divisions, as well as the Parks Department and other Public Works Divisions periodically. The chippers were purchased at a time when we contracted out most of our chipping. We have since started doing more of our own brush trimming and found that the small chippers were not adequate. The City received $10,800.00 for the sale of the chippers. After deducting costs for overhead and maintenance, we have $9,050.00 to apply toward a new chipper and $6,000.00 in accumulated reserves, for a total available of $15,050.00. We have budgeted $29,500.00 in the 2000 budget for this replacement. The City of Seattle has recently purchased a chipper of the size and type we need and we can eliminate duplicating the bidding process by purchasing the chipper from their bid. This is similar to what we did with King County when we purchased our new line truck. This type of piggy-back purchasing not only saves time but also a considerable amount of money. N:~PWKS~STREET~CH IPPER.WPD 61 pORT. ANGELES WASHINGTON, U.S.A. CiTY COUNCIL MEMO ex~__~.0 DATE: December 7, 1999 To: MAYOR BRAUN AND CITY COUNCIL FROM: Don Madison, Property Manager SUBJECT: Sale of Surplus Property Summary: The Light Division has no further use for the property formerly occupied by the 9th & Race Street Substation. After review by the UAC, disposition of the property was referred to the Real Estate Committee and they recommend surplusing the parcel and selling it in accordance with the Port Angeles Municipal Code. A minimum price will be set for the parcel. Recommendation: Set a public hearing for Tuesday, December 21, 1999, for gathering public input regarding the future use or disposal of the 9th & Race Street Substation. Background / Analysis: The electrical substation at 9th and Race Street has been taken out of service and the equipment has been removed. There is no requirement or need to retain the property for future use. The Real Estate Committee recommends surplusing the parcel in accordance with the following procedures: Port Angeles Municipal Code 2.60.010 Determination of Property_ to be Declared Surplus. Prior to selling or otherwise disposing of any City property, the City Council shall determine whether the property to be sold or otherwise transferred is necessary to the further and efficient operation of the City. In making such determination, the City Council shall comply, if applicable, with the provisions of RCW 39.33.20, as now enacted or hereafter amended by holding a public hearing. At least ten days but not more than twenty-five da3s prior to such hearing, the City Clerk shall publish a public notice ofreasonable size in display advertising form, setting forth the date, time and place of the hearing at least once in a newspaperof general circulation. A news release pertaining to the hearing shall be disseminated among the printed and electronic media. If real property is involved, the public notice and news release shall identify the property using a description which can easily be understood by the public and shall describe the proposed use of the lands involved. If the Council determines the property to be no longer necessary, it shall so dechre by motion. Disposal of the property shall then be in accordance with the terms of this Chapter. If the Council determines the property to be no longer needed, it shall so declare by motion. According to the Port Angeles Municipal Code, Chapter 2.60.040 Sale of Real Property_ the City Council may sell real property upon any terms and conditions which it deems appropriate. (Ord. 2168 §4, 10/3/81) N:\PWKS\PROPERTY~MEM-CC\SUBSTA.WPD WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: December 7, 1999 To: MAYOR BRAUN AND CITY COUNCIL FROM: Don Madison, Property Manager SUBJECT: Sale of Surplus Property Slsmmary: The Light Division has no further use for the property formerly occupied by the 9th & Race Street Substation. After review by the UAC, disposition of the property was referred to the Real Estate Committee and they recommend surplusing the parcel and selling it in accordance with the Port Angeles Municipal Code. A minimum price will be set for the parcel. Recommendation: Declare the 9th & Race Street Substation parcel surplus and set a public hearing for Tuesday, December 21, 1999, to gather public input regarding its future use or disposal. Background / Analysis: The electrical substation at 9th and Race Street has been taken out of service and the equipment has been removed. There is no requirement or need to retain the property for future use. The Real Estate Committee recommends surplusing the parcel in accordance with the following procedures: Port Angeles Municipal Code 2.60.010 Determination of Property_ tO be Declared Sum_ lus. Prior to selling or otherwise disposing of any City property, the City Council shall determine whether the property to be sold or otherwise transferred is necessary to the further and efficient operation of the City. In making such determination, the City Council shall comply, if applicable, with the provisions of RCW 39.33.20, as now enacted or hereafter amended by holding a public heating. At least ten days but not more than twenty-five days prior to such hearing, the City Clerk shall publish a public notice of reasonable size in display advertising form, setting forth the date, time and place of the hearing at least once in a newspaper of general cimulation. A news release pertaining to the hearing shall be disseminated among the printed and electronic media. If real property is involved, the public notice and news release shall identify the property using a description which can easily be understood by the public and shall describe the proposed use of the lands involved. If the Council determines the property to be no longer necessary, it shall so declare by motion. Disposal of the property shall then be in accordance with the terms of this Chapter. If the Council determines the property to be no longer needed, it shall so declare by motion. According to the Port Angeles Municipal Code, Chapter 2.60.040 Sale of Real Property the City Council may sell real property upon any terms and conditions which it deems appropriate. (Ord. 2168 §4, 10/3/81) N:~PWKS~PROPERTY~VlEM-CC~SUB STA.WPD 63 81.2 C PI X / CITY OF PORT ANGELES SCALE PUBUC WORKS ~o RACE ST. SUBSTATION & ENVIRONS pOR NGELES - . WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: December 2, 1999 TO: ]M_AYOR BRAUN AND CITY COUNCIL FROM: Michael Quinn, City Manager ~ SUBJECT.' Budget Ordinance Summary: The City of Port Angeles is required to amend the current budget to reflect expense appropriations, especially in cases where we are amending prior Council authorizations; and we are required to adopt the new budget prior to the New Year. This document attempts to relate the desired work program of the City as directed by Council Goals, and allocates available resources accordingly toward their accomplishment. Recommendation: Adoption of the proposed Ordinance. Background / Analysis: The attached document is the proposed final adjustment to establish two budgetary items; namely, the amendment of the 1999 Budget and the adoption of the 2000 Budget. While we have set the Budget item under a public heating, we are not required to do so since we have already met these requirements. However, in the interest of any last minute requests or information to the Council I have scheduled it this way. We have reviewed all known items of adjustment with the Finance Committee as of 4PM December 2"d. The attached budget allocations appear to cover the items agreed to by the Finance Committee and l~om prior information submitted either formally or informally through the budget process. Staffwill be happy to review any details desired by the Council, especially in light of the fact that the Finance Committee was meeting after the preparation of this memo. Budget 2000 Expenditures 1999 1999 2000 Proposed 2000 General Fund Budget Amended Proposed Changes Budget Mayor & Council 61,471 56,710 56,099 4,550 60,649 City Manager 610,299 561,200 536,533 536,533 Community Services 153,500 154,500 160,000 4,265 164,265 City Attorney 431,624 425,817 438,917 438,917 Finance 1,268,498 1,269,238 1,302,247 11,576 1,313,823 Planning 240,987 251,539 237,159 237,159 Fire 2,012,661 1,978,813 2,077,573 130,867 2,208,440 Police 3,156,509 3,238,284 3,435,352 (141,000) 3,294,352 Parks & Recreation 1,997,061 2,054,769 2,143,302 (110,000) 2,033,302 Public Works 2,043,924 2,030,599 1,791,948 1,791,948 Facility Maintenance 211,630 208,681 223,348 223,348 Transfers from Reserves 1,150,000 1,150,000 1,288,735 1,288,735 Reserved for Future Initiative 0 0 0 50,000 50,000 Total General Fund 13,338,164 13,380,150 13,691,213 (49,742) 13,641,471 Special Revenue Funds Convention Center 327,180 415,680 329,060 18,940 348,000 Street 1,306,301 1,299,203 1,338,363 1,338,363 Real Estate Excise Tax 152,476 152,476 151,691 151,691 Pencom 915,134 948,564 947,317 947,317 Cdminal Justice 178,789 178,789 198,026 198,026 Economic Development 112,945 164,145 157,737 8,000 165,737 Total Special Revenue Funds 2,992,825 3,158,857 3,122,194 26,940 3,149,134 Debt Service Funds 1991 G.O. Bond- Senior Center 224,173 224,173 223,423 223,423 1992 Refunding and Conv. Ctr. Bond 378,120 378,120 69,570 69,570 1992 G.O. Bond - Fire Station 169,930 169,930 170,893 170,893 1995 G.O. Bond - Library 284,163 284,163 284,013 284,013 Total Debt Service Funds 1,056,386 1,056,386 747,899 0 747,899 Enterprise Funds Light 16,391,534 15,821,384 18,395,751 215,000 18,610,751 Water/Wastewater 6,069,836 5,871,590 8,166,076 200,000 8,366,076 Solid Waste 2,981,255 3,485,184 4,384,340 425,000 4,809,340 Total Enterprise Funds 25,442,625 25,178,158 30,946,167 840,000 31,786,167 Internal Service Funds Equipment Services 1,351,991 1,601,559 1,307,294 122,500 1,429,794 Information Services 371,898 327,072 442,069 442,069 Self-Insurance* 1,848,080 1,953,693 1,869,370 1,869,370 Total Internal Service Funds 3,571,969 3,882,324 3,618,733 122,500 3,741,233 Trust & Agency Funds Firemen's Pension 53,853 49,500 50,606 50,606 Recreation Activities 76,900 82,400 83,900 83,900 Esther Webster Trust Fund 106,095 103,630 106,123 106,123 Total Trust & Agency Funds 236,848 235,530 240,629 0 240,629 Governmental Capital Projects 1,000,000 1,050,000 1,075,000 6 eo,a, All Funds 47,638,817 47,941,405 53,441,835 939,698 53,306,533 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles revising the budget for the fiscal year ending December 31, 1999, adopting the budget for the fiscal year ending December 31, 2000, and amending Ordinance 3004. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN as follows: Section 1. The annual budget of the City of Port Angeles for the year 2000, as prepared by the City Manager for said City, and as finally amended, fixed, and determined as to every item by the City Council after a public hearing having been held on Tuesday, December 7, 1999, and notice of said hearing having been given and published in the manner provided by law, is hereby adopted, approved and confirmed. Section 2. The 1999 budget appropriations as set forth in Ordinance 3004 are hereby amended, and the 2000 budget appropriations are hereby adopted, in accordance with the following summary of the totals of appropriations for each separate fund and the aggregate total for all such funds combined: 1999 2000 Departmelat or Fund Amended Adopted A. General Fund Mayor & Council $56,710 $60,649 City Manager 561,200 536,533 Community Services 154,500 164,265 City Attorney 425,817 438,917 Finance 1,269,238 1,313,823 Planning 251,539 237,159 Fire 1,978,813 2,208,440 Police 3,238,284 3,294,352 Parks & Recreation 2,054,769 2,033,302 Public Works 2,030,599 1,791,948 Facility Maintenance 208,681 223,348 Transfers from Reserves 1,500,000 1,288,735 Reserved for Furore Initiative 0 50.000 TOTAL, GENERAL FUND $13,380,150 $13,641,471 1 B_~ Special Revenue Funds Convention Center $415,680 $348,000 Street 1,299,203 1,338,363 R. E. Excise Tax 152,476 151,691 Pencom 948,564 947,317 Criminal Justice 178,789 198,026 Economic Development 164,145 165.737 TOTAL, SPECIAL REVENUE FUNDS $3,158,857 $3.149.134 C._~. Debt Service Funds 1991 G.O. Bond Fund - Senior Center $224,173 $223,423 1992 Refunding and G.O. Bond 378,120 69,570 1992 G.O. Bond Fund - Fire Station 169,930 170,893 1995 G.O. Bond - Library 284,163 284:013 TOTAL, DEBT SERVICE FUNDS $1,056,386 $747,899 D. Enterprise Funds Light $15,821,384 $18,610,751 Water/Wastewater 5,871,590 8,366,076 Solid Waste 3,485,184 4.809.340 TOTAL, ENTERPRISE FUNDS $25,178,158 $31.786.167 E__~. Internal Service Funds Equipment Services $1,601,559 $1,429,794 Information Services 327,072 442,069 Self Insurance 1.953.693 1.869.370 TOTAL, INTERNAL SERVICE FUNDS $3,882,324 $3.741.233 F.~. Trust and Agency Funds Esther Webster Trust Fund $103,630 $106,123 Recreation Activity 82,400 83,900 Firemen's Pension 49.500 50.606 TOTAL, TRUST & AGENCY FUNDS $235,530 $240.629 G. Governmental Capital Projects 1,050,000 0 TOTAL FUNDS $47,941,405 $53.306.533 Section 3. The City Clerk is hereby directed to keep on file the budget referred to in Sections 1 and 2 above and to transmit a complete copy of the final budget to the Division of Municipal Corporations in the Office of the State Auditor and to the Association of Washington Cities. Section 4. This Ordinance shall take effect five days after publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 7th day of December, 1999. ATTEST: Gary Braun, Mayor Becky J. Upton, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney PUBLISHED: (By Summary) -3- Changes to the Budget 2000 P ge of2 Expenditures Preliminary Proposed Fund Budget Increases Decreases Budget General Fund 13,691,213 238,891 (288,633) 13,641,471 Increases: * City Council; $4,550 due to a new contract adopted in September 1999 * Finance; $11,576 as a result of union negotiations for Customer Services * Fire: $28,000 for the Fire Chief resignation pay out - $130,000 replacement of second-out Medic One unit * Community Services last moment requests: - Soroptimist - Estua~ Project $3,765 - Hurricane Ridge Spod Ed. $3,000 * Rese~e $50,000 for future initiative impact Decreases: (~rgely due to 1-695 and the Police arbitration sefflement.) Fire: - Pall-time office help $4,183 - Capital outlay $22,950 Parks & Recreation: - Maintenance $3,200 - Beautification Coordinator $1,000 - Capital projects $25,800 - Marine Life Center $80,000 (Transfer cost center to the Lodging Tax Fund) Police: - Capital outlay (two patrol cam) $52,000 - Savings due to union contract $89,000 Community Se~ices; United Way contract $10,500 Convention Center 329,060 80,000 (61,060) 348,000 Transfer Marine Life Center funding $80,000 Decrease in other allocation or adve~ising program $61,060 (Please be aware these figures may be altered as a result of the Lodging Tax Adviso~ Commi~ee meeting on 12/3/99.) Economic Development 157,737 18,000 (10,000) 165,737 Increase contract for marketing plan $18,000 Decrease contdbution to EDC $10,000 Changes to the Budget 2000 P~.e 2 of 2 Expenditures Preliminary Proposed Fund Budget Increases Decreases , Budget Light Fund 18,395,751 215,000 0 18,610,751 Aerial photography (mapping) $125,000 Cost of service study $40,000 Transfer of Ediz Hook conversion project from1999 budget $50,000 Water/Wastewater Fund 8,166,076 200,000 0 8,366,076 Comp. plan $100,0000 Replacement eq#1648, 1985 GMC/Aquatech Jet/Vac $100,000 Solid Waste 4,384,340 425,000 0 4,809,340 Additional cost for Landfill Closure; the funds are already allocated for this project. Aerial photography (mapping) $25,000 Equipment Services 1,307,294 230,000 (107,500) 1,429,794 Add Medic One unit $130,000 Additional cost for 1985 GMC/Aquatech Jet/Vac $100,000 Transfer compactor from 2000 budget to 1999 $107,500 Total Chanqes in Expenditures 46,431,471 1,406,891 (467,193) 47,371,169 Changes to the Budget 2000 Revenue Preliminary Proposed Fund Budget Increases Decreases Budget General Fund 12,420,336 ,152,400 (220,000) ,12,352,736 Increases: Utility taxes $32,700 as a result of water/wastewater rate increases Medici charges $55,000 Licenses & Permits $22,000 Parks & Recreation charges & fees $34,700 Other charges & fees $10,000 Decreases due to 1-695: Motor Vehicle Excise Tax $203,000 Criminal Justice Entitlement $17,000 Real Estate Excise Tax #2 0 105,000 0 105,000 Second 1/4 of one percent levy $100,000 Interest $5,000 Equipment Services 1,768,426 230,000 0 1,998,426 Transfer from General Fund for the Ambulance $130,000 Transfer from Water/Wastewater fund for the Aquatech Jet/Vac $100,000 Water Wastewater 7,524,000 402,200 0 7,926,200 8% increase in water rates $177,280 8% increase in wastewater rates $224,920 Total Changes in Revenue 2'1,712,762 889,600 (220,000) 22,382,362 MEMORANDUM DATE: Apdl 16, 1999 TO: Timothy Smith FROM: Ken Sweeney, Chairman RE: Port Angeles Chamber of Commerce, Retirement Promotion Committee's Brochure Proposal CC: Ed H~nsen The Port Angeles Chamber of Commerce believes that recruiting retirees to the Port Angeles area is a valid form of economic development. That is not to say it is the only economic development program that should be undertaken, but combined with other efforts, has the potential to contribute significantly to the economic base of our city. We have been aided in this task by high ratings in several retirement publications, and by being ranked the 6th best Small Community in America by Kevin Heubusch. To support this position, I would cite the following facts: · Nationwide, when retirees move they bdng with them an average net worth of $250,000 (1989 figure). The cash portion is deposited in local banks. · They control 77% of the nation's assets They have the highest discretionary income of any age group. · They spend between 70 and 90 percent of their $25,000 annual income locally. That is why the Chamber of Commerce has had an active effort underway since 1994 to recruit retirees. Retiree recruitment has been assigned to the Retirement Promotion Committee. This committee has developed a mission statement, goals, -- d,~,,~,op,,,~,,, O~ "'~';"~' + and an action program. O,,o action ;t~m ;~ the .... ' ~- ~* a brochure which will provide basic information about retirement living in Port Angeles. The Committee has discussed the layout and content of the brochure over the last three months. We have determined it should be full color, with three panels on each side. It should be designed by a graphics professional. Color photographs should be included. The committee estimates that 10,000 copies would give us a two year supply. After that, the brochure will probably need to be updated. Our estimated cost is $3,000, including the graphic artist's work and the printing. The Committee has developed a list of businesses that would appear to be the prime beneficiaries of our recruitment efforts. We intend to approach those businesses with a request to assist the Chamber in funding the brochure. However, if the City were to provide matching funds, we believe this could be used as a selling point. We would appreciate your presenting this information to the City Council and asking if they would consider our proposal for matching funds. 2 Port Angeles, Washington Population: 18, 950 in Port Angeles in 1999, with 66,900 in Clallam County. Location: On the Olympic Peninsula, 76 miles west of Seattle, and adjacent to the Strait of Juan de Fuca. Climate: Clallam County has a maritime climate characterized by cool dry summers and mild, wet winters. Average summer temperatures range in the upper 60s to Iow 70s. During a normal winter, aftemoon temperatures in the lower elevations are generally in the 40s or iow 50s, and nighttime readings are in the 30s. Snow and freezing temperatures are uncommon. Precipitation distribution vades considerably across the county due to the effect of the Olympic Mountains, which cause moist, marine air masses to lose most of their moisture over the mountains with little left over for the lowland areas along the northeastern facing slopes. As a result, the average annual rainfall in Port Angeles is only 25 inches. About 75% of the annual precipitation falls dudng the pedod from October to March. Any snowfall in elevations lower than 1,500 feet generally melts within two weeks, and it is not uncommon to have snow-free winters within the Iow-lying areas in Port Angeles. Relative humidity: 77% to 86% Average housing cost: $111,590 in 1998 for a previously owned single family home. Housing options: The Port Angeles area has a vaded selection of affordable and desirable homes. The market, while not "booming" at the rate enjoyed in some sections of the U.S. in recent pedods, has experienced a respectable appreciation in the last few years. Almost every type of home that one can envisage is available in the Port Angeles area. Cabins in pdvate settings, condos, apartments, multiplexes and single family dwellings are available and many have a mountain or water view, if not both. There are properties available for rent and/or purchase, and usually as many as 500 rentals and 2000 for sale at any given time. Rental rates are as Iow as $250 per month for a modest apartment, to $1,500 per month for large luxury homes. Purchase pdces are currently averaging $116,000 in the overall area, but homes sold have ranged from $20,000 to $700,000. Fifty-one percent of the homes purchased in the most recent pedod have been in the $80,000 to $180,000 range. For persons interested in building a new home the area is well supplied with construction companies, general contractors, tradesmen, architects and home designers. Virtually every type of vacant land is available, including city lots, developed tracts, and raw acreage. Trees, streams and wildlife abound on some sites. Because of the vadety of building site types and improvements, it is difficult to establish an average price. City building lots, depending on location, have recently sold for between $29,000 and $47,000. Close in partly developed plots from 2 to 5 acres usually start at about $50,000. For persons wanting their pdvacy and even room for their own airstdp there are some inviting locations. There are more than a dozen lending institutions in Port Angeles. We have locally owned banks as well as branches of major nationwide institutions. There are also mortgage brokers who work with not only these institutions, but with more than thirty sources of funds. This flexibility and availability may explain why approximately 80% of the mortgages originated in the recent period have been of the "conventional" type. Sales tax: 7.9% Sales tax exemptions: Food State income tax: None Estate tax: There will usually be no estate tax if the decedent's total taxable estate is less than $625,000. The "Unlimited Marital Deduction" further, makes all interests passing to a spouse deductible from the decedent's taxable estate. Inheritance tax: The State of Washington has no inheritance tax. Property tax: $12.90 per $1,000 of appraised value, with property assessed at 100% of current market value. At the average rate of $12.90 per $1,000 the annual property tax on a $110,000 home would be $1,419. Property tax exemptions: For senior citizens or disabled persons with limited household income. Personal property tax: Machinery, equipment, furniture, fixtures and supplies associated with commercial, industrial or agricultural enterprises are assessed and taxed as personal property. Business inventories, household goods and personal effects are exempt from the property tax. Security: When compared to 192 similar sized cities, Port Angeles at 3,898 is below the median of 4,056 reported crimes per 100,000 residents. At 208, Port Angeles is well below the median of 316 violent cdmes per 100,000 residents. 2 Religion: More than 42 churches, representing nearly all denominations. Non- denominational churches are also available. Education: Peninsula College offers a wide range of programs for full time and part-time students seeking degrees or just continuing their education. Both day and evening courses are offered in a wide vadety of subjects. The college also has a strong vocational-technical program. Continuing education and public service programs are popular with the community as well as with full-time students. Computer science, first aid, cooking and dance are typical courses offered through continuing education. Senior citizens can choose from a variety of courses at reduced fees. People age 60 years or more can participate in summer Elderhostel courses and activities, part of an international program which brings students to the campus for one-week sessions. Through Peninsula College, degree and in service courses from campuses around Washington State are available to students via video and telephone hookups. Transportation: William R. Fairchild International Airport is served by two commuter airlines, providing nine daily 30 minute flights to Seattle/Tacoma. Clallam County Transit offers public bus service throughout the county on regularly scheduled routes. Those 65 and older may ride free with an identification card. Paratransit provides door-to-door transportation for eligible seniors in Port Angeles. Pdvate bus lines provide daily service to the Seattle area. Health: With a medical staff of 100 doctors and 200 registered nurses, Olympic Memodal Hospital in Port Angeles provides the highest quality care in all departments, including intensive care, cdtical care, emergency room, surgery hemodialysis, obstetrics, short stay surgery, recovery, pediatrics and general medical care. According to the Washington State Hospital Association statistics, OMH ranks among the states best hospitals for Iow rates, quality care of patients, and employee wages and benefits, which are comparable to those of Seattle hospitals. Cultural: Not only is the area a year-round magnet for artists and photographers, it is also the Olympic Peninsula's center of cultural activities. From symphony to poetry, from community light opera to concerts on the pier, Port Angeles offers a smorgasbord of performing arts. The highlight of the year is presented each summer as Port Angeles hosts the widely acclaimed Juan de Fuca Festival of the Arts with its international following. Visitor Lodging: Request the official visitor guide, "Port Angeles, the Way to Go". 3 Information: Port Angeles Chamber of Commerce, 121 East Railroad Avenue, Port Angeles, WA 98362. Phone 1-877-I-LOVE-PA (1-877-456-8372). E-mail: pangeles@olypen.com. Web site: www.cityofpa.com. 4 ......... '-T ................ lrr ............... ~ ooo ~ oooo ~ ooo ~ ooo oooooo ~ ~00 0000~ I 0~0 0 0 ~ ~ ~~ 0 ~ ooo § ooo oooooo ~ ~00 0 00~ 0~00~ ~ ooo ~ ~ ~ ooo ~ ~ ~ ~~ ~ ooo ~ § oo~ oooooo ~ ~ o~ooo~ ooo ~.- · ~ .- ~.- ~ ~ ~'~ c~ ........ --7 ........................................ T TI[ WASHINGTON, U.S.A. CITY COUNCIL MEMO CITY 5{ANAGER'S REPORT December 7, 1999 CITY MEETING SCHEDULE DATE [TIME Board of Adjustment meeting Monday, December 6 7:00 p.m. City Council meeting Tuesday, December 7 6:00 p.m. Meeting with Legislators ~ County Wednesday, December 8 9:00 a.m. Planning Commission meeting Wednesday, December 8 7:00 p.m. OPS ~ward/Employee Luncheon VBMCC Wednesday, December g 11:30 a.m. Peninsula Mayor's Association Meeting Wednesday, December 8 6:00 p.m. Pl.a~ng Commission Meeting Wednesday, December 8 7:00 p.m. Cascadia Mayor's Conference, Vancouver WA Thurs, Fri, Dec. 9 & 10 All Day Utility Advisory Committee Meeting Monday, December 13 3:00 p.m Mike speak at Soroptimist Jet-Set Thursday, December 16 7:00 p.m. Parks, Rec, Beautification meeting Thursday, December 16 7:00 p.m. City Council Meeting Tuesday, December 21 6:00 p.m. Planning Commission meeting Wednesday, December 22 7:00 p.m. Christmas Holiday Friday, December 24 CLOSED New Year's Holiday Friday, December 31 CLOSED Board of Adjustment Monday, January 3 7:00 p.m. City Council Meeting Tuesday, January 4 6:00 p.m. (]:\CNCLPKT~CTYM(}R\CM REPTX99~DEC7 .wpd 71 pORTAN GELES , WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: December 2, 1999 To: MAYOR BRAUN AND CITY COUNCIL FROM: Michael Quinn, City Manager SUBJECT: Informational Report Work Schedule: To keep the City Council informed on the general activities to which I have been involved the last three weeks, the following highlights are included for your information: Legislative Contacts: November 16t~ was the "Capital for a Day" visit by Governor Locke and his Cabinet staff. We had an excellent opportunity to network with these officials and inform them of special activities and concerns important to our community. Staff Tour: None Community Contacts: Speech at noon Rotary Club on City Budget Major Items: (1) Coordinative meetings with the Governor's advance staff, (2) Gateway Review Committee with Merr/WPardini consultants to refine final project scope, (3) review of final arbitration ruling for Police contract, (4) preliminary strategy and contract review on outstanding labor contracts, (5) staff review of new Intemet policy guidelines, (6) continued review of Convention Center proposal and analysis for future presentation to Council, (7) Real Estate Committee meeting, (8) Agency meeting on Elwha Dam Impacts, (9) Budget review meetings to finalize details with the Finance Committee and the Lodging Tax Advisory Committee. Additional Staff Information Reports: These items are general interest information and minutes for your use. I have no additional comments on these items at this time. Reminder: It is not too late to still consider your application for an AWC Board vacancy for our District 12 position expiring June 2000, at which time the appointee would have to nm for retention of the seat. A Background Information Sheet detailing your experience with AWC and a personal resume with your interest in serving on the AWC Board is required for consideration. The AWC Board will meet on 12/17 to appoint these positions, and your application is due by December 9t~. Our office will assist in typing and mailing the necessary application materials. 72 p. ORTANGELES. WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: December 7, 1999 TO: Mike Quinn, City Manager FROM: Glenn A. Cutler, Director of Public Works & Utilities SUBJECT: Petroleum Contaminated Soil from Rayonier Site: We have completed the removal of the Petroleum Contaminated Soil from the Rayonier Site. The total amount received was 7,533.26 tons. Charges to Rayonier at $27.00 per ton. $203,398.02 Hauling fees from Del Hur Industries $ 22,534.13 Net difference to City $180,863.89 Cost savings of future purchase for cover material of 7,500 tons delivered is $ 41,250.00 We had estimated hauling costs to be much lower ($12,560.00) however that was based on a straight haul by the contractor prior to the additional requirements placed on them. The contractor was required to cover his trucks in both directions of haul and to wash his tires and tracks each time prior to leaving the sites. We also feel that the hauling cost was underestimated by staff during the process. N:~PWKS\SWASTEkLANDFILLkRAYSOIL.WPD 73 PORT ANGELES CHA~BER OF CO~ERCE · STATEMENT OF OPERATING FUNDS For Period Ended October 31, 1999 ACTUAL . ACTUAL 1999 BUDGET 1999 ACTUAL 1998 INCREASE (DECREASE] CURRENT YEAR YEAR CUR~EITT YEAR C~TRRENT YEAR MOIT~H TO-DATE TOTAL MO~'H TO~DATE MO1TI~ TO-DATE MEMBERSHIP DU~S $ 3,850 $ SE, 074 $ 63,000 $ 2,212 $ 55,210 $ 1,638 $ COUNTER SALES 1,713 19,020 22,000 1,449 18,337 264 683 BUILDING RENTAL 1,080 1,758 2,800 119 2,113 961 (358) GILANTS SOO 500 500 S00 N.H. MOOD SHO#CASE 131 3,008 ?,000 308 6,381 (177) (3,372) AIq'NUAL BANOUET 1,250 1,100 2,300 (1,080) CHAMBER FUND R~ISERS 395 13,209 18,371 1,128 8,348 (730) 4,861 FUND RAISER-AUCTION 110 110 5,800 5,820 S,820 (5o710) {5,710) IITTEREET EAR/fiD 67 2,691 2,900 253 2,423 (186) 269 BROCHURE DISTRIBUTION 55 55 328 267 55 (212) CHAMBER SERVICES 87 (5?) DONATIONS 149 1,639 2o30D 145 2,246 4 (607) MISCELLANEOUS 404 55 108 (55) 296 CO~CERTS ON THE PIER 2,539 100 2,439 RETIREMENT PROMOTION 1,200 1,310 [1,310) ,J~Ly 4TH INCOME 8,950 12.000 12,429 (3,479)  RNBT ADVERTISING 100 2,025 6,175 125 775 {25) 1,250 · RETEI~TTION INCOME 45 iii) NEWSLETTER INSERTS k AD 35 9~0 TOTA~ REVENUES 8,151 112,265 142,921 11,612 118,269 (3,461} (6,004) EXPENDITURES MATERIALS-COUNTBR SALES 717 9,861 13.200 499 10,591 219 (731) MATERIALS-SHOWCASE 2,107 5.250 882 5,259 {882) (3,152) SALARY - MANAGER 3,765 37,647 45.176 3,765 37.647 BONUS - MANAGER 1,624 1,500 1,624 SALARY - SECRETARIAL 773 7,966 9,275 736 7.361 37 606 PENSION EXPENSE (SIMPLE 157 1,646 2,800 157 2,356 (710) FICA TAX 407 4,223 4Ol 4,006 6 217 FEDERAl, U/C EXPENSE 112 STATE U/C EXPENSE (2) 190 4,&58 179 {2) STATE INDUSTRIAL INS. 186 237 LESS VC ALLOCATION (59) (735) (56) (682) (3) MAJOR MEDICAL INSURANCE 679 5,654 6,235 356 $,001 323 853 M~DICAL INS.-OFFIC~ MGR 130 358 427 589 130 (233} R.E. & P.e. TAXES 19 40 39 LIABILITY & FIRE INS. Ill 85 83 28 BANE CHARGES 142 750 S0O 1DB 707 34 43 OFFICE SUPPLIES 37 929 1.200 153 891 (116) 38 OFF,CE EQUIPMENT 655 S00 96 2,937 (96) (2.282) A~UTO ALLO#ANCE 300 3,000 3,~00 $00 3,000  & SUBSCRIPTIONS 498 728 ~10 708 (110) (213) ICE RENT 337 3,377 4, DS0 337 3,374 3 POSTAGE 406 2,679 3.200 228 1~842 181 837 See Accountants' Compi lacion Report. 77 PORT ANGELES CHAMBER OF COMMERCE STATEMENT OF OPERATING FUNDS For Period Ended October 31, 1999 ACTUAL ACTUAL 1999 BUDGET 1999 ACTUAL 1998 INCREAS~ IDECREASE} CURRENT YEAR YEAR CURRENT YEAR CURRENT YEAR MONTH T0- DATE TOTAL MONTH TO - DATE MONTH TO - DATE EXPEIqDITURES - CONTINUED UTILITIES $ 247 $ 335 $ 300 $ 223 $ 247 $ 112 EQUIPMENT RENTAL 47 600 1,200 47 535 65 TELEPHONE 65 746 700 11 552 54 194 REPAIR & MAINTENANCE 169 300 30 167 (30) 1 MAI4AGER TRAVEL EXPENSES 87 584 1,000 71 885 16 (301) SECRETARY'S EXPENSE 89 880 1,000 102 854 (13) 26 ACCOUNTING SERVICES 375 3,725 2,600 350 3,150 25 575 ANNIIAL EANOUET 1,802 1,700 3,307 (1,505} GUEST SPEAKER NEJ%LS 28 Sl! 42S 216 28 295 COMMUNITY DEVI~LOPMENT 292 276 76 76 (76) 207 CONCERTS ON THE PIER 1,650 2,400 1,B48 JULY 4TH EVENT 450 2,000 1,421 (971} JULY 4TH FIREWORKS 8,500 10,00O 10,000 (1,500) RETIREMENT PROMOTION 1,200 1,310 (1,310} HOSPITALITY DIVISION 200 GOVERNMENT RELATIONS 500 65 TOURIST PROMOTION il5 2,500 3,296 4,170 (3,296} BUS. RETENTION COMMITTE 17S (175} INTERNET EXPENSE 120 290 2,700 370 120 (80) FUND RAISER - EXP 10,164 6,171 3,013 7,151 FUND RAISER - AUCTION 75 186 1,500 732 1,107 {657) (921) ;WdBASSADORS EXPENSE 27 27 AFTER HOURS EXPENSE 63 63 (63) (63) MISCELL~J4EOUS EXPENSE (74) 583 400 321 (74) 262 MEMBERSHIP DEVELOPMENT 1,014 1,850 310 704 NEWSLETTER EXPENSE 135) I3) 35 tOTAL EXPENDITURES 8~846 115~665 1{3~343 12~81! 1~0~373 (3,965! ~XCESS (DEFICIENCY) $ (695) $ (3r398) $ {422) $ ~1~199) $ (2~104} $ 504 $ {la294) 8 See Accountants' Compilation Report. PORT ANGELES CHAMBER OF COMMERCE STATEMENT OF VISITOR CENTER FUNDS CFor Period Ended October 31, 1999 ACTUAL ACTUAL 1999 BUDGET 1999 ACTUAL 1998 INCREASE [DECREASE) CURRENT YEAR YEAR CURRENT YEAR CURRENT YEAR MONTH TO- DATE TOTAL MONTH TO- DAT~ MONTH TO - DAT£ REVEIqU-ES CITY ALLOCATION $ 2,528 $ 36,766 $ 45,78S $ 25,796 $ 2,528 $ 10,970 EXPENDITURES BROCHURES & ADVERTISING 20,448 10,000 86 2,405 (86) 18,043 VIC MEDICAL INSURANCE 130 355 427 569 130 (233) VIC EQUIPMENT 2,2~0 V~C WAGES 773 7,966 9,275 736 7,360 37 606 VIC RENT 1,012 10,132 12,140 1,012 10,122 10 VIC UTILITIES 740 1,006 094 670 740 336 VIC REPAIR & MAINT. 506 550 90 S02 {90) 4 VIC OFFICE SUPPLIES 112 2,786 1,862 %15 1,812 (304} 973 VIC EQUIPMENT RENTAL 141 1,S00 1,953 141 1,606 194 VIC POSTAG~ 413 3,409 3,250 53 3,420 360 (11} VIC BUILDING INS. 332 250 250 83  LEPHONE 196 2,239 1,989 34 1,657 162 583 .AYROLL TAXES ~9 735 $34 , ~6 682 ] 54 TOTAL EXPENDITURES ~57,4 51~715 45~624 2~623 31,074 952 20~64! EXCESS (DEfiCIENCY) $ ~1~ 80 Port A 0eles Yjre Department Savi~0 Hearts a~5 Homes October 999 81 October 1999 Total Fire Dept. Calls Fire $ Loss/Saved 2500 -I 2,000,000 -- 2000 1,500,000 -- 1500 1,000,000 1000 500,000 500 0 1998 1999 O-- ~-I Saved · Loss 1997 1998 1999 October 98/99 Total Calls 236 / 236 Saved Loss 1999 Total Calls YTD 2,223 1999 YTD 575,845 412,496 1998 Total Calls YTD 2,082 1998 YTD 2,132,235 909,580 140 120 100 80- 60- 40- 20 0 Fires > 5K Fires < 5K Auto Brush Haz Mat 1998 1999 Year to Fires > $5,000 Fires < $5,000 Auto Fires Brash Fires Haz Mat Date Incidents 1999 7 56 14 29 127 1998 13 50 18 43 94 82 Fire & Life Safety InspPrevention Activities YTD 1000 250 150 -- 600 100 400 50 200 0 1998 1999 0 ~_~ Permit Inspections Inspections Reinspecfions · Plan Reviews [] 1998 I 1999 · Public Education Contacts Inspections Reinspections Permit Plan Public Ed Inspections Reivews Contacts 1999 YTD 878 797 1999 201 53 31 1998 YTD 798 636 1998 170 55 46 Medic I Transports Patients Assisted 800 1500 -- 600 1000 400 500 -- 2O0 0 0 ALS BLS Fire Dept. Olympic Ambulance ~ '[998 I 1999 [~ 1098 I 1999 Advanced Life Support (ALS) & Basic Life Support (BLS) Patients Assisted Fire Dept. 1998 1999 % Fire Dept. 1998 1999 ALS - YTD 701 833 15.8 ! YTD 1,653 1,763 6.2 BLS - YTD 94 77 18 ! 83 84 ~ Ju~. (m~m'}, TOM T~OMPSO~/P'~'~SUI~ DAU.,¥ N~ ,. i~et~ ~ a=~u~leX fire In t~ Clallam Cou~ Francis Street In Po~ A~oles. A sho~ tim lateq above p~o Nine r o.ut'e.d by blaze' ho.u si.ng · , ...~ n~ ~. can't believe how: quick au~gi~a: forth,. ~ ~*.ba~, ~mh~a ~he "'~'~P6~ ~~s'''~- Nin~: this went up. We lint b~o, ~hough ho w~ ou~17 hu~, ~ffie~ ,~d. ~. '*~ '~ 'f~,~0~g e~e~hing,' Evening's ~ hou~g m~n~en~ bl~ M°~. ~hs~' ,n~lf0~ :goBe." w~'~en m Ol~pie M~mori~ mu~'bfaf°~lexin~o~r~' ~o~8~ Hospital to be checked for tim~. "' ' "~ ' . Fi~ctim ~mok~ ~hdafion ~d ~ligh~ly low.~mme hOU~in~ on .~u~h ~e~ 8~r~, ~bi~ e~ ~h~ ~d, when hi~ ~n m~h~' in help lo~ of p~e~ion~ ~d '~. ~ng. Mcan ~d of ~he mu~, "'Dsddy, ~e~ "Becau~ of ~he ab~en~ of ~m~ w~ fo~ ho~ wi~oU[ . ~hO~ a~ ~efigh~r~-crawled Broke ~d he en~e~ h~ ob~ou~ i~i[ion mur~ wighin oW~ ~h~ min~, l~ng for lin- li~ room ~o find much of i~ ~he aro~ of orion, ~he ' ~ady involwd. He ~ to depa~men~ hs~ demrmined goring h~ ~. The~, whieh ~ld mn- do~e ~he ~e with a p~ of ~ha~ ~he fire w~ ~ume ~ e~ims[~ $~0~,000 wa~r while yelling for ~ 15- ~h ~ha~ of ~mo~ng ma~d~ wo~h of ~m~ure ~d eon- y~-old daugh~r and ~on ~ ~[hin ~he r~ner ~n~, had ~m~ in on~ of the es~ ~hmu~ a ~m ~n- c~d pla~ng ~th m~h~ limg moms. ~ M~h~ D~ dow. ~gh~er." ~ ~n'~d ~he tim m~y ~Ve Tho 011 e~l ~ in a~ 10:18 "I ~n't b~li~e how quick  . ~eeiden~ally b~eg ~g~d by ~.m. ~his wen~ up,' Br~ie ~aid,' r~iden~. "Flme~ were jm~ ~h~[ing washing ~figh~r~ [hroUgh Robe~ Brodie, a r~idon~ in out of ~h~ fron~," ~d neighbor ~h~ ~hin ~moke ~i~ r~g from ~ha~ apmmen~, ~d hi~ ~-ye~- Tonya McD~iel, who ~d ~he [he min~ of ~ home. "We 1o~ old ,on woke ~m up ~h ~he he~d ~he windows e~lode ou~. eve~hing, gve~ing'~ ~ne." "~s w~ fly~g." "I w~ ju~ l~ng in b~d," he One firefigh~er w~ exm- ~ ~o 'Fire: Red Cross aids victims CONTINUED FROM A1 The fire had quickly Spread to his new neighbor's apartment,. destroying it only a couple of weeks after they had moved in. Children's stuffed animals lay charred in the grass outside the home. A bedroom in that apartment, though untouched by flames, was damaged by heat and smoke. A set of bunk beds was blackened and toys melted. "If there had been a child sleeping, this fire could have had disastrous resultsf McKeen said. The 'woman resident and her three daughters escaped, as did a woman and her adult son from another unit that sustained only smoke damage. The last apartment, also filled with smoke, was not occupied. "Sprinklers · would have stopped this," said fire Chief Bruce Becket If the place, built in 1970, had been equipped with fire sprin- klers, McKeen added, "Chances · are, there would have been mini- mai damage.' The Port Angeles City Council years ago made sprinklers the rule in new residences of its kind. Neighbor and former president of the residents' council, Mitchell Wilson, said he had tried to get fire extinguishers installed in all the homes in the low-income neighborhood run by the Clallam County Housing Authority. "We need fire extinguishers out there," he said. To~ Wilson said he worries about Firefighter Aaron Hayes is treated by Emergency Medical living in such a fourplex where Technician Josh Hall, right, after Hayes received a bump on any one neighbor could cause a the back of the head in a fall while fighting the blaze. fire that consumes the whole complex. He added that he failed to go off in Monday's fire. donated furniture. And the hous- doesn't think much of the ~moke For the residents of the burned lng authority happened to have alarms in the units, comp]ex, disaster came hand-in- three other units vacant. McKeen said the fire depart- hand with fortune. Housing employees said the ment is investigating whether the Wal-Mart donated clothing to people would be moved in Mon- smoke slarms were faulty and the families. The Red Cross day night. $6 Dear PAFD; letter is intended for the paramedics that responded to a 911 call at 1303 so. st. on Thursday Oct. 7th. My name is Michael Manso, and I was the reason you were called. I had consumed a large quanity of alcohol and was suicidal, so my brother called 911. I do not remember what happened that evening, as I was in a "black out" stage. According to my brother I was uncooperative, abusive, and threatening (and from what I am told I am using these terms lightly). I am sorry that these sort of incidents are part of your job description, as no one should have to deal with this sort of thing. I would apologize in person, however I would not recognize you if I saw you, so I am forced to do it this way. I am sincerely sorry for the way I acted that evening, and I would like you to know that I do not normally act that way, nor is it how my parents raised me to behave. I know words are cheap, but unfortunately, that is all I have. After my overnight stay at O.M.H., I was transferred to Kitsap Mental Health (RTC) for assessment. I am now actively involved in A.A., and am undergoing treatment at P.C.M.H.C. in P.A. to help me deal with my mental state. I hope you can find it in your hearts to forgive me, and I am very sincere when I say I am sorry, and thank you for your part in saving my life. · Sincerely Yours, Michael Manso