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HomeMy WebLinkAbout05/19/99 AGENDACiTY COUNCIL AGENDA MAY 19, 1999 STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation o CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion: is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. None 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. LEGISLATIVE REPORT 8. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. Professional Engineering Services to Update the Wastewater Treatment Plant SCADA Process Control System - Phase B. Information Services and Purchasing Organizational Change #AB99-079 #AB99-080 (CONTINUED ON BA CK...) 10. ORDINANCES A. Ordinance (First Reading) Amending Section 6.02 Solid Waste Management Advisory Committee B. Ordinance (First Reading) Regarding Changes to the Commute Trip Reduction Law; and Amending Chapter 10.40 C. Ordinance (First Reading) Relating to Use of Right-of-Way; and Ordinance (First Reading) Relating to Setting Fees for Right-of-Way Use Permits . ,~ iD.. Ordinance (First Reading)Regarding Prosecution ~,t.~~for Violations and replacing BMC Chapter 1.12 11. RESOLUTIONS A. Resolution No. 2703 Supporting Efforts by Washington State Department of Transportation (WSDOT) to Preserve and Maintain the Hood Canal Bridge #AB99-081 #AB99-082 #AB99-083 #AB99-084 #AB99-085 .5,.5 12. PUBLIC HEARING - (6:00 P.M. OR LATER) A. Continued Public Hearing, and Resolution No. 2704 on Planned Unit 97-0003, West Hills PUD; Applicant: Olympic Resource Management #AB99-086 CITY OF BREMERTON · 239 4th Street · Bremerton, WA 98337 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT May 14, 1999 Clarence and Susan McDonald 9263 Old Belfair Hwy. Bremerton, WA 98312 re: Quality Used Tires, 500 Naval Avenue, File # C98-646 Mr. McDonald: Per our conversation on your site yesterday, the following issues are violations of the Building Code, Zoning Code, Fire Code and Barrier Free Code: 1. A condition of permit #98-0177, issued for modifications to the building located at 502 Naval Avenue specified "There will be no storage of tires visible on this site". You agreed to this condition by signing the permit on April 17, 1998 (copy of permit enclosed). At this time, there are numerous piles of tires stacked on your landscape strip, in front of the building, and~in a carpo~e south end of the b-m--iYdingl 2. The carport structure located on the south end of the building was installed without the required building permit. ' 3. The barrier flee parking space is frequently occupied by your personal vehicle or other items which prohibit use by a handicapped driver. This space also does not have the signage required by the Barrier Free Code. 4. The area shown on your site plan as a "trash enclosure" on the north side of the property is required to have a sight-obscuring fence. The "Uniroyal", "Texaco" and "David Farr" signs on this fence do not meet the intent of the Bremerton Zoning Ordinance for sight obscurity and are considered part of the sign,age for this parcel. 5. The Uniform Fire Code prohibits outside storage of tires within 10 feet of any property line or building. This requirement effectively eliminates the use of the "trash enclosure" for waste tires. Equal Opportunity Employer As we discussed, I will reinspect the site on June 1, 1999 to determine if these violations have been eliminated; citations will be issued if compliance is not achieved. If you have any questions, you may call me at (360) 478-5275. Sincerely, Janet K. Lunceford Building and Development Specialist Judy Johnson Jon Holan file CITIZENS WHO SPOKE IN SUPPORT OF THE QUALITY USED TIRE BUSINESS DURING "PUBLIC RECOGNITION" AT THE MAY 19. 1999 CITY COUNCIL MEETING: TOM McDONALD (OWNER) 500 NAVAL AVENUE BREMERTON, WA CHARLES ZEITLER 2146 7TM STREET BREMERTON, WA 98312 479-1039 DAVID VANNEST 121 N. MONTGOMERY AVENUE BREMERTON, WA 98312 373-2336 JOHN L. BLAKE 613 N. CALLOW AVENUE BREMERTON, WA 98312 377-5274 BOB JAENICKE 922 FORD BREMERTON, WA 98312 479-1269 ED PIETRAS 128 BLOOMINGTON BREMERTON, WA 98312-4035 377-5643 WALTER WHEELER 876-2235 JOHN DAVIS 1940 5TM STREET BREMERTON, WA 98337 478-7207 JOHN VAIL 1255 POTTERY AVENUE PORT ORCHARD, WA 98366 876-5207 ARCH IE TAFT BAINBRIDGE TAXI (360) 697-4442 DARLA MERKER RESIDENT ON 5TM STREET BEHIND BUSINESS EUGENE L. CHILDRESS 1936 5TM STREET BREMERTON, WA 98337 377-7282 ROGER GINGRICH RUTH NATIVIDAD ELIZABETH BUELL (No further info provided) PAUL BROOKS 1207 4TM STREET BREMERTON, WA 98337 479-4142 GEORGE THOMAS 410 NAVAL AVENUE BREMERTON, WA 98337 373-2013 DAVID BUTCHER 1749 GREGORY WAY BREMERTON, WA 98337 PUGET May 12, 1999 Randy Witt, P. E. City Engineer City of Bremerton 3027 Olympus Drive Bremerton, WA 98310-4799 RE: Proposed Bremerton Right-of-Way Ordinance and Permit Fee Ordinance Dear Mr. Witt: Puget Sound Energy (PSE) would like to thank you and the City of Bremerton for the opportunity to provide feedback on the proposed ordinances and for considering the concerns expressed in our April 212' letter. As you are aware, Puget Sound Energy is in the business of providing electric energy services to customers within the City of Bremerton. As such, we consider carefully issues which affect the installation, construction and maintenance of our facilities to insure safe and reliable services to our consumers. I have reviewed the proposed changes in the draft dated May 10, 1999 and feel the changes adequately address and clarify our comments and concerns. It is my understanding from our recent discussion that Puget Sound Energy's Bond and Certificate of Self Insurance on file with the Department of Public Works adequately meets the requirements of Sections I 1.02.220 Performance and Warranty Deposits and 11.02.230 Insurance. Puget Sound Energy appreciates the positive working relationship we have with the City of Bremerton, and the opportunity to provide feedback on issues which affect us. We thank you for your responsiveness to our concerns. Please keep me apprised of the Ordinances' status to insure timely communication of associated changes and implementation for Puget Sound Energy personnel. As always, please feel free to contact me if I can be of further assistance. Since~?ly, -,~/~ ~mda E. Streissguth Municipal Land Planner cc: B. Dey T. Bias D. McDamel RECEIVED MAY 1 3 1999 CI'Pf OF 8REMERTON ENGINEERS Puget Sound Energy, Inc. · 6522 Kitsap Way · Bremerton, WA 98312 EXHIBIT INDICATING SEWER ROUTE FOR WEST HILLS POPE RESOURCES WEST HILLS \ PO[~VDEXT'ER A V~ SEWER LINE COI~WAN AVE 10 CITY OF 8REMERTO,'~ WASTEWATER TREATMENT PLANT /// / - I AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Professional Engineering Services to update the Wastewater Treatment Plant SCADA Process Control System- Phase lI (Supervisory Control. and Data Acquisition) FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: May 19, 1999 Public Works and Utilities Pat Coxon, WWTP Mgr.I ~ May 7, 1999 2 2. CLEARANCES: (comment on back~,,c~" 3. EXI-IIBITS Director, Public Works/Utilities ~ -~ ,? /] Professional Services Agreement with City Attorney k,//'~/? ~/~ "~'~t'z~:~_.. Casne Engineering City Treasurer ..... - i. -~ ' Scope of Work Council Budget & Finance Committee ~ ~+q,.,,.~.-- -&-~ ~*~~4~' Operations Committee .Z-'i'~e,~ .F?~ ~~~ ENDORSEMENT >'5 ~n~F~ ,O/KMATION MAYOR ~..~,~.~ ;cf '.~ · 5z-'~- APPROVED BY COUNCIL PRESIDE_NT~,~JR~AL: COUNCIL PRESIDENT ..~.~,~.~~ 4. SUM/VlARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: On December 2, 1998, the City Council approved the Professional Services Agreement with Casne Engineering for the upgrade of the software and control logic for the Wastewater Treatment Plant SCADA. Phase I. Casne Engineering has completed the required portion of Phase I, prior to going out to bid, at a cost of $20,901. 8. RECOMMENDATION: That the City Council approve the Professional Services Agreement with Casne Engineering to upgrade the 500/700 Area Control System (Electrical) for the SCADA System at a cost not to exceed $80,000 and authorize the Mayor to sign the contract, subject to City Administrative Policies and Procedures. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OFACTION PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE 11. PW & Utilities Director Wastewater Manager DATE: AGENDA BILL NO:_~'O7 9 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation This request covers Phase II of the required equipment control upgrades to Buildings 500/700. The consultant's quotation is for $69,072 to complete the tasks contained in the Scope of Work, and not to exceed $80,000, should the City of Bremerton request, in writing, additional services. 5. IMPACT ON NON-PASSAGE: Y2K incompatibility. Decrease reliability of treatment plant process control. Increase liability of City should WWTP discharge to Puget Sound violate water quality standards. Increase employee safety hazards. Violation of NPDES Permit. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: STAFFING - The improved automation will reduce operations & maintenance time. BUDGET - The 1999 budget included this hardware purchase. EQUIPMENT - This will improve optimization of process equipment increasing the reliability of meeting water quality standards from the WWTP. 7. RESEARCH SOURCES PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is between the City of Bremerton, a Municipal Corporation (hereinafter referred to as "City" and CASNE Engineering Inc.(hereinafter referred to as CASNE Engineering). WITNESSETH: SCOPE: To redesign the controls for the balance of 500/700 Area as follows: 1. Primary Clarifiers 1 and 2 2. Primary Sludge Pumps 1 and 2 3. Raw Sludge Pumps 1 and 2 4. Pre-aeration Blowei' 1 and 2 5. Septage Pump 6. Primary Scum Pump 7. Thickened Sludge Pump 8. Gravity Thickener 9. Gravity Thickener Overflow Pumps 1 and 2 10. Non-potable Water Pumps 1, 2 and 3 11. Primary Influent Flowmeters 1 and 2 We will provide control logic for these systems and SCADA screens. The work will include. providing designs to build new panels of PLC equipment into existing panels CP-2 and LP-A2 along with removing equipment no longer required. We will provide the design integral with the Primary Effluent Pumping Control Upgrade and will bid the two efforts as one project for panel building and installation. A. Control Description & Programming Standards The goal of this task is to develop a set of descriptions for new process controls. The descriptions will be used to determine equipment, programming requirements, and SCADA requirements. 1. Provide written descriptions of programmed operation of the primary effluent pumping. 2. We will develop additional standards for this project along with the P.E. pumping project. Modules will be implemented in ladder and special function blocks. 3. Meet to discuss control strategies and programming modules. B. Hardware Specifications The goal of this task is to identify all hardware components needed for these systems upgrade. The specification will be written for owner acquisition and for bidding. All equipment will be identified using the manufacturer Name and Model Number of the hardware and software. 1. Casne will write additional hardware specifications required for these system controls. 2. The City will supply Casne with standard wording for Bremerton front end contract specifications. C, Electrical Drawings The goal of this task is to document all wiring and control components to be used in the upgrade, identify unused wiring and equipment to be included in the contract documents. 1. Develop the wiring diagrams as required. Wiring diagrams will be based on existing diagrams and modified as required. 2. Staff will verify the accuracy of the existing wiring diagrams. 3. Casne will provide a set of contract drawings for inclusion in the contract documents. D. Bidding & Construction Assistance The goal of this task is to develop a set of biddable specifications for the assembly and installation of new equipment, and provide construction assistance. i' 1. The City will issue the contract documents for biddin9. 2. Casne will answer questions during bidding. 3. Casne will assist in evaluating the bids. 4. The City will award the contract. 5. Casne will assist in reviewing control panel submittals. 6. Casne will assist in factory checkout of the control panels. 7. Casne will assist the City in supervising installation of the control panel modifications and wiring installation. E. PLC Programming and Startup Our effort is based on implementing the control strategies in ladder logic. We will test the completed system and assist the City in placing the systems into operation. 1. Casne will program the PLC per the system descriptions. 2. Programming status, alarms and set points to and from SCADA. 3. PLC communication - assist City in changing over all PLC's to Ethernet communications. 4. Assist the City in testing systems operation and placing each system into operation. F. SCADA System Enhancements The goal of this task is to make the SCADA system modifications associated with each systems upgrade. 1. Provide a separate drawing for the plant PLC network. 2. Develop SCADA screens for the following systems: Primary Clarifiers, Primary & Raw Sludge Pumps and Gravity Thickener & Pumping. 3. Modify SCADA database. 4. Collect and display run times. 5. Modify alarms on systems. G. Documentation and Training The goal of this task is to provide operator training and documentation of the upgraded P.E. pumping control system. Make it operable and maintainable. 1. SCADA screen documentation 2. PLC program documentation and training 3. PLC program documentation 2. TERM: Contract shall commence on May 6, 1999 and will terminate December 31, 1999, unless otherwise extended by the City. 3. COMPENSATION: The City shall pay CASNE Engineering Inc. the sum Sixty Nine Thousand and Seventy Two Dollars ($69,072.00), for the services provided hereunder, as specified below. In the event The City requests, in wdting, additional services at the rate set forth in the proposal, the total amount of compensation under this agreement shall not exceed Eighty Thousand Dollars ($80,000.00). CASNE Engineering shall submit regular statements describing the services rendered with a breakdown for work completed as authorized under this Agreement. The 'City, upon receipt of the completed statement, shall promptly process said claim for payment. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that CASNE Engineering is a firm skilled in matters pertaining to SCADA and will perform independent functions and responsibilities in the area of its particular field of expertise. CASNE Engineering_and its personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind neither the City or control employees of the City, contractors, or other entities. Within the performance of these duties, CASNE Engineering shall work under the direction of the Pat Coxon, City of Bremerton, WVVTP Manager. 5. INDUSTRIAL INSURANCE: CASNE Engineering agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. LICENSE AND TAXES: CASNE Engineering shall possess a current Bremerton Business License and any regulatory license required to fulfill CASNE Engineering obligations under this Agreement. B & O taxes shall be paid when due and CASNE Engineering, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes, which have been declared delinquent. 7. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement CASNE Engineering shall provide the Risk Manager for the City of Bremerton with evidence that it has obtained and maintains in full force and effect during the term of this Agreement a policy of professional liability insurance, providing coverage of at least $500,000.00 against professional liability for errors and omissions in connection with the work to be performed by CASNE Engineering under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. CASNE Engineering shall, at all times, be solely responsible for the acts or failures to act of its personnel which occur or arise in any way out of the performance of this Agreement CASNE Engineering agrees to save and hold the City, its personnel and officials, harmless from all costs, expenses, losses, and damages, including the cost of defense, incurred as a result of any acts or omissions of CASNE Engineering personnel relating to the performance of this Agreement. 8. GENERAL CONDITIONS: Reports and Information -CASNE Engineering, at such times and in such forms as the City may require, shall furnish the City such reasonable pedodic reports and documents as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, --3-- and any other matters covered by this Agreement. CASNE Engineering will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both par[les acknowledge that there are no other agreements, wdtten or oral, that have not been fully set forth in the text of this Agreement c. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both:~arties. Notices - Any notices required to be given by the City to CASNE Engineering or by CASNE Engineering_to the City shall be in writing and delivered to the parties at the following addresses: City Clerk 239 Fourth St. Bremerton, WA 98337 Casne Engineering, Inc. 355 - 118t" Ave SE Suite 100 Bellevue, WA 98005 Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. Compliance with State, Local and Federal Laws - CASNE Engineering_agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. h. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 9. NONDISCRIMINATION: CASNE Engineering shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability, except employment actions based on a bona fide occupational qualification. 10. TERMINATION: This Agreement may be terminated by either party for convenience upon thirty (30) days' written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all matters upon which CASNE Engineering_is advising the City as of the effective date of termination. -4- IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. CASNE~ Date: DEPARTMENTAL APPROVAL: CITY OF BREMERTON BY: LYNN S. HORTON, Mayor APPROVED AS TO FORM: GLENNA MALANCA, City Attorney RECEIVED FOR FILING: KATHLEEN L. McCLUSKEY, CITYCLERK -5- ENGINEERI~I~, INC. .. FEE ESTIMATE WORKSHEET ECASNE Electrical En.qineerfn.q Consultants CITY OF BREMERTON '~ BALANCE OF 500/700 AREA CONTROL SYSTEM UPGRAD 98010.301 r Client Name Project Name Project Number Description of Task Control Desc & Prog Standards Meeting 2) Develop Standards 3) Wdtten Description B) Hardware Specifications 1) Wdte hardware specs 2) City to provide wording C) Electrical Drawings 1) Develop widng diagrams (12) 2) VerifyWidng (Coordination ?) 3) Provide Contract Drawings D) Bidding and Const. Assist 1) City issues contract 2) Casne to answer questions 3) Casne assist in evaluation of bids 4) City awards contract 5) Casne to assist in review of submittals 6) Casne to assist in FDT 7) Casne to assist in supervision of installation E) PLC Programming & Startup 1) Program PLC Ladder to descr. 2) Programming other (included in E1 3) PLC Communications 4) Assist City Field Acceptance Test F) SCADA System Enhancements 1 ) PLC Dwg & PC Network Dwg 2) Develop SCADA Displays 3) SCADA Database 4) Runtimes (included in F2) 5) Modify alarms on system (included in F2) !G) Documentation & Training 1) SCADA Screen Doc 2) PLC Doc 3) Training Total Hours I Project I Senior Engineer Designeri !Manager Engineert (ENGR) (DES) (PM) (SE) 19 $95 8 32 40 40 24 4 $105 $80 I $?0 16 30 44 95 40 2O 16 16 20 24 505 24 56 24 i 40 ~ 144 [ Date 2-1-99 ~ File FEES2-1-99 Tab FEEST1 Auto !Clerical CAD! 0NP) (CADDR)t $57 $45 8 48 8 2 2O 76 10 Expense Computation: THE ABOVE RATES & FEES QUOTED ARE VALID FORA PERIOD OF 90 DAYS. Total $945 $76O $3,040 $4,160 $210 $1,520 $380 $6,536 $4,200 $926 $210 $76O $760 $1,520 $2,850 $4,180 $210 $9,025 $3,800 $1,900 $210 $2,660 $6,0OO $1,920 $210 $3,200 $1,900 $2,280 Subtotal $66,272 Expenses! $2,800 TOTALI $69,072 AGENDA BILL BREMERTON CITY COUNCIL ~_~: Information Services and Purchasing Organizational Change FOR AGENDA OF: May 19. 1999 ORIGINATING DEPT: Admin. Services ORIGINATOR: K. McCluskey DATE SUBMITTED: May 13, 1999 ~J~: (comment on back if necessary) Human Resources Attorney Staffing Authorization Organizational Chart MAYOR ~ - APPROVED BY COUNCIL PRESIDEN~ FOR SUBMITTAL: 4. SUMMA/~Y STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: The Information Services Department continues to experience increased demand for services and training to keep up with new technology. We have been successful in the past five years in substantially improving our computer resources throughout the city. However, due to budget constraints we have been unable to increase staffing to service those resources. In 1985 the I/S division had a staff of six in 1999 they have a staff of 4. A recent Assessment of Staffing Requirements for the I/S Division conducted by the Bremerton Electronic Commerce Resource Center recommended the hiring of an additional PC Technician. In order to meet this recommendation without increasing the overall staffing of the Administrative Services Department, the following budget amendment is requested: (continued on next page) 8. RECOMMENDATION: Motion to approve budget adjustment moving the purchasing function to Information Services and adding one PC Technician. RESPONSIBLE OFFICIAL: K. McCluskey ENFORCEMENT OFFICIAL: K. McCluskey EXPIRATION DATE: REVIEW DATE: F/A PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: [DED 11. AGENDA BILL NO: CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): Information Services Manager assumes the vacant purchasing supervisor position providing purchasing services and I/S management. The hands on computer work currently performed by the I/S Manager would cease. Hire a PC Technician. The end result is that the PC functions would be performed by individuals with those specific skills and at the appropriate level of pay. This will free the Network Administrator, Computer Analyst and I/S Manager from PC work to perform the functions for which they were hired. 5. IMPACT ON NON-PASSAGE: We will proceed to fill the vacant purchasing position. unable to improve our computer services response. We will be IMPACT ON STAFFING~ BUDGETS. FACILITIES. EOUIPMENT OR OTHER RESOURCES 1999 savings approximately $13,000. 7. RESEARCH SOURCES: _2ITY OF BREMELTON ADMINISTRATIVE SERVICES CONTROZ P.C. Tech [ A.A..5 II 45 STAFFING AUTHORIZATION POSITION CITY CLERK Director of Admin. Serv. Purchasing SupvJDeputy City Clerk Purchasing Manager/Asst. City Clerk Deputy City Clerk Business Lic. Inspector/Auditor Office Assistant Sr. Office Assistant I Accounting Assistant II Accounting Assistant I SUB-TOTAL CITY CLERK 1997 1998 1999 2000 ACTUAL BUDGET BUDGET BUDGET 1.00 1.00 1.00 1.00 0.00 0.00 0.00 1.00 4.=~ -0- 0.00 1.00 1.00 1.00 0.00 0.00 2.00 2.00 2.00 2.00 2.00 0.00 0.00 0.00 ~8{:1.5 0.00 0.00 1.00 7.00 7.00 -~.=~ 5.5 CITY TREASURER City Treasurer Assistant Treasurer Budget Specialist Payroll Specialist Accounting Assistant Senior Accounting Assistant I1 SUB-TOTAL TREASURER 1.00 0.00 -0- 1.00 0.00 2.00 0.00 .5 ~=.~ 1.00 5.5 -7.-..~. 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 2.00 2.00 2.00 3.00 1.00 1.00 1.00 1.00 7.00 7.00 7.00 8.00 INFORMATION SERVICES Manager, Information Services & Purchasing 1.00 1.00 1.00 1.00 1.00 4.00 1.00 1.00 1.00 4;00 2 .5 =~-TtH) 5.5 Computer Programmer/Analyst 1.00 Network Administrator 1.00 P.C. Technician 1.00 Accounting Asst. II SUB-TOT_hL INFO] SERVICES 4.00 1.00 1.00 1.00 2 ~=.:0~ .5 5.5 RISK MANAGER 1.00 1.00 1.00 1.0( MUNICIPAL COURT Judge Court Services Manager Legal Technician Sr. Legal Technician Legal Technician SUB-TOTAL MUN. COURT 1.00 1.00 1.00 5.00 1.00 9.00 28.00 1.00 1.00 1.00 5.00 1.00 9.00 1.00 1.00 1.00 5.00 1.00 9.00 28.00 TOTAL ADMINISTRATIVE SERV. 28.00 1.00 1.00 1.00 5.00 1.00 9.00 29.00 47 AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Ordinance # A~ending Section 6.02 Solid Waste Management Advisory Committee FOR AGENDA OF: May ]9. 1999 ORIGINATING DEPT: Admin. Services ORIGINATOR: K. McCluskey DATE SUBMITTED: April 27~ 1999 2. ~: (comment on back 3. ~: Attorney ..~/~C~2~/~=~_ Ordinance PW&U Director ~,4~/~_,. ~ ENDORSEMENT__~ INFORMATION__ APPROVED BY COUNCIL PRESIDENT~U~ITTAL: 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: The ordinance reduces committee membership from 11 to ? and establishes meetings as necessary rather than monthly. RECOM~4ENDATION: Motion to approve amending ordinance on first reading. Motion to pass Ordinance ~ ~ on second reading. RESPONSIBLE OFFICIAL: Executive ENFORCEMENT OFFICIAL: Executive EXPIRATION DATE: N/A REVIEW DATE: N/A PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DATE: DISAPPROVE]~~D 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS (cont. ~: 4. SUMMARY STATEMENT !cont.): IMPACT ON NON-PASSAGE: Use existing ordinance· IMPACT ON STAFFING~ BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES None. 7. ~ESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE amending section 6.02.110 and 6.02.120 of the Bremerton Municipal Code Chapter 6.02 Solid Waste Management. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1, Amendment: Chapter 6.02 Solid Waste Management is hereby amended as follows: · 110 Membership and Terms of Office. (a) The committee shall be comprised of seven members, including: City Council Members (1) Pubhc Works & Utilities Director or designee (1) Administrative Services Director or designee (1) City Attomey or designee (1) Bremerton Citizen Members (3) (b) The members of the committee are encouraged to maintain dialogue with and obtain advisory input from representatives of: Washington State Department of Ecology; Washington State Department of Trade and Economic Development; Washington Utilities and Transportation Commission; Association of Washington Cities; Kitsap County Solid Waste Manager; Bremerton Kitsap County Board of Health; Washington Waste Management Association; Kitsap County, Solid Waste Advisory Committee (c) Citizen members shall be appointed and removed by the Mayor with the concurrence of the City Council. Citizen members shall be appointed for terms of two years. The City Council President shall appoint the Council Member· · 120 Meetings. The Committee shall meet as directed by the Chair. The Mayor shall provide administrative support, as required, for the committee. Section 2. Effective Date. This ordinance shall become effective ten (10) days after passage and pubhcation. Approved this day of Mike Shepherd, Council President , 1999. Attest: Lynn Horton, Mayor Kathleen L. McCluskey, City Clerk Chapter 6.02 SOLID WASTE MANAGEMENT Sections: 6.02.010 6.02.020 6.02.030 6.02.100 6.02.110 6.02.120 PURPOSE. SOLID WASTE PLANNING SOLID WASTE GOALS. SOLID WASTE COMMITTEE - ESTABLISHED. MEMBERSI:ITP AND TERMS OF OFFICE. MEETINGS. 6.02.010 PURPOSE. This chapter establishes all solid waste regulations, serdce levels, and types of service within the corporate limits of the City of Bremerton including but not limited to: storage, collection, permanent actions, transportation, treatment,, utilization, processing and disposal of solid waste. (Ord. 4219 §2 (in part), 1989) 6.02.020 SOLID WASTE PLANNING The City of Bremerton will jointly participate in a Comprehensive Solid Waste Management Plan to be coordinated by Kit.sap County in order to provide support and enhance regional solid waste management; Provided, however, That the City does not abrogate any of its powers to regulate levels and types of services within the corporate limits of the City.. Approval by the City Council shall be required before the Kitsap County Regional Plan together with amendments and supporting plans, will have any force and effecct within the City. of Bremerton. Implementing ordinances and regulations shall be passed by the City pursuant to Section 10 of the Washington Solid Waste Act of 1989. (Ord. 4219 §2 (in part), 1989) 6.02.030 SOLID WASTE GOALS. (a) The City of Bremerton has determined that the following priorities for the collection, handling and management of solid waste are necessary, and should be following in a descending order as applicable. (1) Waste Reduction. (2) Recycling with source separation of recyclable materials as the preferred method. (3) Separated waste. (4) Energy Recovery, Incineration, or Landfill of mixed waste. (b) It is the City. of Bremerton's goal to reach and maintain at least a 50°,4 recycling rate by 1995. Recycle programs implemented within the City must attempt to make recycling as affordable and convenient as mixed waste disposal. (Ord. 4219 ~2 (in part), 1989). 6.02.100 SOLID WASTE COMMITTEE - ESTABLISItED. There is established a Solid Waste Advisory Committee responsible for advising the Mayor and City Council on solid waste management and services. It shall recommend the solid waste services which should be available to the citizens of Bremerton and determine the most equitable means of providing these sendces. These services shall support environmental concerns of the State and CID', be in accordance with the K.itsap County. Solid Waste Comprehensive Plan, promote the public health, and support efforts to reduce the waste stream and ret'cie materials. The Committee shall recommend methods and policies to support local economic development based upon use of materials in the community, waste stream. This Committee shall make recommendations to negotiators of collection contracts for the City's solid waste. (Ord. No. 4261 §1 (in part), 1990). 6.02.110 MEMBERSHIP AND TERMS OF OFFICE. (a) The committee shall be comprised of 41e,,,~4-bl) voting members, including: Ci~: Ce,,_.-.ci! Solid Waste City Council members (~ C' City. Utilities Director ~ ~ City Attorney o',, Director of Administrative Services Bremerton citizen members (3) Git? Rc~'c!ing 6-1 (b) The ~ members of the Committee are encouraged to maintain dialogue with and obtain advisory input from representatives of:' Washington State Department of Ecology Washington State Department of Trade and Economic Development Washington Utilities and Transportation Commission Association of Washington Cities Kitsap County Solid Waste Coordinator Bremerton Kitsap County Board of Health Washington Waste Management Association Kksap County Solid Waste Advisory Committee (c) Citizen members shall be appointed and removed by the Mayor with the Concurrence of the City Council. Citizen members shall be appointed for terms of two years. The City Council President shall appoint the Council member~[. ._ (Ord.' 4261 §1 (in part), 1990). 6.02.120 MEETINGS. The Committee shall meet ~ at m:k ,~:~cr ;~,cz as directed by the Chair. The Mayor shall provide administrative support, as required, for the Committee. (Ord. 4261 § I (in part), 1990). 6-2 13- AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: ORDINANCE # REGARDING CHANGES TO THE COMMUTE TRIP REDUCTION LAW AND AMENDING BMC CHAPTER 10.40 2. CLEARANqES:~Comment on back 3. Di~/'~tca' of--Pu~ic W0~s ~lities City;Atto~ey City Clerk Council Fiscal &_Budget Committee ~%uncil 6p er'ati~)n:~s~'~ o~rn-nitt ~ e FOR AGENDA OF: May 19, 1999 ORIGINATING DEPT: Public Works & Utils ORIGINATOR: R. Witt, Ci~~ Engineer. DATE SUBMITTED: May 10, 1999 1. Ordinance # 2. BMC 10.40 with changes ENDORSEMENT~ INFORMATION [] APPROVED BY COUNCIL PRESID~NT F ~).R SUBMITTAL: . MAYOR ~-~-, ..... --.- ~% ,Z,_ COUNCIL PRESIDENT .~~//~~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The State Legislature has amended several sections of the Commute Trip Reduction (CTR) law' after a review of its impacts in recent years on both the environment and major employers throughout the state. These amendments affect the goals, reporting, good faith efforts, exemptions and enforcement in the CTR program. These amendments must now be incorporated into the City CTR ordinance, bv modification of BMC 10.40. 5. RECOMMENDATION: 1) Motion to approve Ordinance # 2) Motion to pass Ordinance # on first reading on second reading 9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCEMENT OFFICIAL: Director Pub Wks & Util EXPIRATION DATE: REVIEW DATE: PULLED [] TABLED [1 COUNCIL DIRECTIVE: 10. APPROVED [] NOTICE OF ACTION DISAPPROVED [] AMENDED [1 lOB (OVER) 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 3. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation 5. IMPACT ON NON-PASSAGE: The City will be in violation of State Law by not having the BMC consistent with RCW requirements. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES. EQUIPMENT AND OTHER RESOURCES: Staffing: Administration of the program will remain at the current level Budget: No impact Facilities/Equipment: No impact. 7. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE amending Chapter 10.40, Commute Trip Reduction Plan. Whereas, the State Legislature has amended the Commute Trip Reduction Law; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Bremerton Municipal Code Chapter 10.40, Commute Trip Reduction is hereby amended as follows: 10.40.010 PURPOSE. The purpose of this chapter is to establish Commute Trip Reduction Program requirements for affected employers within the City of Bremerton. These requirements will promote alternative commute modes and reduce the total number of single occupant vehicle (SOV) commute trips, and vehicle miles traveled (VMT) per employee, thereby, decreasing traffic congestion, automobile related air pollution, and energy use within the City of Bremerton. The City of Bremerton recognizes the importance of increasing individual citizens' awareness of air quality, energy consumption, and traffic congestion and the contribution individual actions can make toward addressing these issues. 10.40.020 DEFINITION. The following definitions shall apply in the interpretation and enforcement of this chapter: Page ! (3) "Commute Trip Reduction (CTR) Goals" mean the goals established by the State CTR Law and the CTR Task Force Guidelines for affected employers. These goals are to reduce the Vehicle Miles Traveled per employee and the Single Occupant Vehicle commute trips from the base year value established for the Commute Trip Reduction Zone at least 15 percent by January 1, 1995; 20 percent by January 1, 1997; 25 percent by January 1, 1999, and 35 percent by January 1, 2005. (g) (1) requirements "Good Faith Effort" means that an employer has met the minimum identified in this chapter and in RCW 70.94.531, and is working collaboratively with Kitsap Transit to continue its existing CTR program or is developing and implementing program modifications likely to result in improvements to its CTR program over an agreed upon length of time. 10.40.050 APPLICABILITY. (c) Newly-Affected Employers. (1) Reporting Date. Newly-affected employers shall identify themselves to Kitsap Transit within ,~inety (90) days of becoming an affected employer or moving into the boundaries of the City of Bremerton. (2) CTR Program Submittal. Newly-affected employers shall be granted a minimum of one hundred-eighty (180) days from the date of official notification by Kitsap Transit that they are an affected employer or from the date of self-identification to develop and submit a CTR program. (3) CTR Goals. Newly-affected employers shall have two years from the date of their CTR Program approval to meet the first CTR goal of fifteen (15) percent; four years from the date of their initial CTR Program approval to meet the second CTR goal of twenty (20) percent; six years from the date of their initial CTR Program approval to meet the third CTR goal of twenty five (25) percent; and twelve years from the date of their initial CTR Program approval to meet the fourth CTR goal of thirty five (35) percent. Page 2 10.40.070 REQUIREMENTS FOR AFFECTED EMPLOYERS. (a) CTR Program Submittal Date. Except as otherwise provided in this chapter, not more than one hundred-eighty (180) days from the effective date of this chapter, all affected public and private employers within the City of Bremerton shall submit a CTR Program to Kitsap Transit. (b) CTR Program Implementation Date. Except as otherwise provided in this chapter, an affected omployer's CTR Program shall be implemented not more than one hundred-eighty (180) days from the date the CTR Program was initially submitted to Kitsap Transit for approval. (c) Mandatory CTR Program Elements. The employer's CTR Program must be designed to achieve the CTR Goals set forth in this chapter. The employer shall make a good faith effort, as defined in this chapter and in RCW 70.94.531, to develop and implement a CTR program that will encourage its employees to reduce VMT per employee and SOV commute trips. At a minimum, an employer's CTR Program shall include the following elements: (1) Site description. A general description of the employment site location, to include: level of transit service, parking availability, access to highways, and unique conditions experienced by the employer or its employees that might affect the level of SOV commuting and VMT per employee. (2) Employee Information. The total number of affected employees. (3) Employee Transportation Coordinator. The name of the employer's designated Employee Transportation Coordinator (ETC) to administer the CTR Program. The ETC's name, location, and telephone number must be displayed prominently at each affected worksite. The ETC shall oversee all elements of the employer's CTR Program and act as liaison between the employer and Kitsap Transit. (4) Information Distribution. A commitment to regularly distribute to its employees information about alternatives to SOV commuting. Each employer's subsequent annual report must include a description of the information to be distributed and the method of distribution. Page 3 (5) Annual Progress Report. A commitment to annually review employee commuting and progress toward meeting the CTR goals. Affected employers shall file an annual progress report with Kitsap Transit. The annual report form shall be provided by Kitsap Transit and shall be consistent with the CTR Task Force Guidelines. Survey information or approved alternative information must be provided in the reports submitted in the second, fourth, sixth, eight, tenth, and twelfth year after program implementation begins. (6) Record Keeping. A list of records that will be kept by the employer that can be used to evaluate the employer's CTR Program. Kitsap Transit and the affected employer shall agree in writing on the record keeping requirements as part of the affected employer's approved CTR Program. Employers will maintain all records listed in their CTR Program for a minimum of twenty-four (24) months. (d) Request for Modification of CTR Program Elements. An affected employer may request a modification of the CTR Program elements. This request must be in writing and delivered to Kitsap Transit. Such request may be granted by Kitsap Transit if one of the following conditions exist: (1) Beyond Control. The affected employer can demonstrate it would be unable to comply with the CTR Program element(s), for which the affected employer seeks an exemption, for reasons beyond the control of the employer; or (2) Undue Hardship. The affected employer can demonstrate that compliance with the CTR Program element(s) would constitute an undue hardship. (e) Exemption From CTR Program. (1) Exemption from all Requirements. An affected employer may submit a request to Kitsap Transit to grant an exemption from all CTR program requirements or penalties for a particular worksite. The employer must demonstrate that it would experience undue hardship in complying with the requirements of this ordinance as a result of the characteristics of its business, its work force, or its location(s). An exemption may be granted if and only if the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures that could reduce the proportion of SOV trips and VMT per employee. Page 4 Exemptions may be granted by Kitsap Transit at any time based on written notice provided by the affected employer. The notice should cleady explain the conditions for which the affected employer is seeking an exemption from the requirements of the CTR program. Kitsap Transit shall review annually all employers receiving exemptions and shall determine whether the exemption will be in effect during the following program year. (2) Exemption for Employees Using Vehicles for Work. An affected employer may submit a request to Kitsap Transit to exempt specific employees that must use their own vehicles during the work day for work purposes. The employer shall provide documentation indicating how many employees meet this condition and must demonstrate that no reasonable alternative commute mode exists for these employees. Under this condition, the applicable CTR Goals will not be modified but those employees who need daily access to the vehicles they ddve to work will not be included in the calculations of proportion of SOV commute trips and VMT per employee used to determine the employer's progress toward meeting its CTR Program Goals. (3) Exemption for Variable Shift Employees. An affected employer may submit a request to Kitsap Transit to exempt specific employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts. Kitsap Transit will use the criteria identified in the CTR Task Force Guidelines to assess the validity of employee exemption request. Kitsap Transit shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year. 10.40.080 CTR ZONE, BASE YEAR VALUES AND GOALS. (a) CTR Zone and Values. The City of Bremerton authorizes the Board of Commissioners of Kitsap Transit to, by resolution, establish the CTR Zone(s) boundaries, and the base year values for SOV rate and VMT per employee within the CTR Zone(s). This resolution shall be passed by January 31, 1993. Page (b) Percentage Reductions of SOV's and VMT Per Employee. The CTR Goals for an affected employer's CTR Program shall be a reduction in the proportion of SOV commute trips and VMT per employee by: 1. 15% by 1995; 2. 20% by 1997; 3. 25% by 1999; and 4. 35% by 2005 from the base year values of the CTR Zone in which the affected employer is located. The methods used to determine an affected employer's SOV rate and VMT per employee shall be consistent with the CTR Task Force Guidelines (RCW 70.94.537). (c) Modification of CTR Program Goals. An affected employer may request that Kitsap Transit modify the employer's CTR goals. Such request shall be filed in writing at least 60 days prior to the date the worksite is required to submit its program description and annual report. The goal modification request must clearly explain why the worksite is unable to achieve the applicable goal. The worksite must also demonstrate that it has implemented all the elements contained in its approved CTR program. Kitsap Transit will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR Task Force Guidelines. An employer may not request a modification of the applicable goals until one year after Kitsap Transit has approved the employers initial program description or annual report. 10.40.090 CREDIT FOR COMMUTE TRIP REDUCTION EFFORTS. (c) Notice of Leadership Certificate. As public recognition for their efforts, affected employers who meet or exceed the CTR Goals as set forth in of this chapter, will receive a Commute Trip Reduction Certificate of Leadership from the City of Bremerton. A notice of this Certificate of Leadership shall be published in the official newspaper. 10.40.100 CTR PROGRAM REVIEW AND ANNUAL REPORTS. (a) CTR Program Review. Page (1) Approval. Kitsap Transit shall provide the employer with written notification if the employer's CTR Program is deemed acceptable. Such notification shall be by certified mail or delivery, return receipt, addressed to the employer's Employee Transportation Coordinator. If the employer receives no written notification of extension of the review period or comment on the CTR Program within forty-five (45) days of submission, the employer's CTR Program shall be deemed approved. Kitsap Transit may extend the review period up to ninety (90) days. The implementation date for the employer's CTR program will be extended an equivalent number of days. (2) Conditional Approval. Kitsap Transit may determine that an employer's CTR Program is approved on the condition that certain aspects of the Program be modified. In this case, Kitsap Transit shall notify the affected employer of the required modifications. Such notification shall be by certified mail or delivery, return receipt, addressed to the affected employer's Employee Transportation Coordinator. Affected employers will be given thirty (30) days from the date of such notice to submit a revised CTR Program. Kitsap Transit shall have thirty (30) days from the date the revised CTR Program was received to accept or reject the revised CTR Program. (3) Rejection. Kitsap Transit shall provide the employer with written notification if the employer's CTR Program is deemed unacceptable and therefore, rejected. Such notification shall be by certified mail or delivery, return receipt, addressed to the affected employer's Employee Transportation Coordinator within forty-five (45) days of the CTR Program submittal date. The letter will specify the cause(s) for the rejection. Kitsap Transit will schedule a meeting with the affected employer within twenty-one (21) days of the date of notice. During the meeting, Kitsap Transit will provide technical assistance to the affected employer. The affected employer will be given thirty (30) days from the date of the meeting to submit a revised CTR Program. Kitsap Transit shall have thirty (30) days to accept or reject the revised CTR Program. (b) CTR Annual Progress Reports. Kitsap Transit shall establish the affected employer's annual reporting date upon review of the employer's initial CTR Program. The reporting date shall not be less than twelve (12) months from the date the employer's CTR Program was approved. Each year on the employer's reporting date, the employer shall submit to Kitsap Transit its annual CTR Program progress report. Page ? Kitsap Transit shall provide and the affected employer shall use a standard annual report form. 10.40.120 ENFORCEMENT. (a) Compliance. Except as otherwise provided in this chapter, compliance shall mean fully implementing all provisions in an accepted CTR Program and satisfying the requirements of this chapter. (b) Required CTR Program Modifications. Kitsap Transit shall use the following criteria in determining whether an affected employer shall be required to make modifications to its CTR Program: (1) Achieves Either or Both Goals. If an employer makes a good faith effort, as defined in this chapter and in RCW 70.94.551, and meets either or both the applicable S©V or VMT goal, the employer has satisfied the objectives of the CTR plan and will not be required to modify its CTR program. (2) Fails to Achieve Either Goals. i. With Good Faith Effort - If an employer makes a good faith effort, as defined in this chapter and in RCW 70.94.551, but has not met or is not likely to meet the applicable SOV or VMT goal, Kitsap Transit shall work collaboratively with the employer to make modifications to its CTR program. After agreeing on modifications, the employer shall submit a revised CTR program description to Kitsap Transit for approval within 30 days of reaching an agreement. ii. Without Good Faith Effort- If an employer fails to make a good faith effort, as defined in this chapter and in RCW 70.94.531, and fails to meet either the applicable SOV or VMT reduction goal, Kitsap Transit shall work collaboratively with the employer to identify modifications to the CTR program and shall direct the employer to revise its program within 30 days to incorporate the modifications. In response to the recommended modifications, the employer shall submit a revised CTR program description, including the requested modifications or equivalent measures, within 30 days of receiving written notice to revise its program. Kitsap Transit shall review the revisions and notify the employer of acceptance or rejection of the revised program. If Page 8 a revised program is not accepted, Kitsap Transit will send written notice to that effect to the employer within 30 days and, if necessary, require the employer to attend a conference with program review staff for the purpose of reaching a consensus on the required program. A final decision on the required program will be issued in writing by Kitsap Transit within ten working days of the conference (c) Violations. The following constitute violations of this chapter: (1) Failure to develop and/or submit a complete CTR Program by the applicable deadlines as stated in this chapter. (2) Failure to implement an approved CTR Program by the applicable deadlines as stated in this chapter. (3) Failure to modify an unacceptable CTR Program by the applicable deadlines as stated in this chapter. (4) Failure of an affected employer to identify itself to Kitsap Transit within ninety (90) days of the effective date of this chapter. (5) Failure of a newly affected employer to'identify itself to Kitsap Transit within ninety (90) days of becoming an affected employer. Failure to submit on time an annual CTR Program Progress Report to Kitsap (6) Transit. (7) Failure to maintain agreed upon CTR Program records. (8) intentionally submitting false information, data and or survey results. (9) Failure to make a good faith effort, as defined in this chapter and in RCW 70.94.531. (d) Penalties. (1) Class I Civil Infraction. Any affected employer violating any provision of this chapter shall be liable for a Class I Civil Infraction, and subject to civil penalties pursuant to RCW 7.80.120. (2) Separate Offenses. Such affected employer shall be liable for a separate offense for each and every day during any portion of which any violation of this chapter is committed or continued and shall be subject to civil penalties as herein provided; and (3) Failure due to Union. An employer shall not be liable for civil penalties if failure to implement an element of a CTR program was the result of an inability to reach Page 9 agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers shall be presumed to act in good faith compliance if they: i. propose to a recognized union any provision of the employer's CTR program that is subject to bargaining as defined by the National Labor Relations Act; and ii. advise the union of the existence of the Washington State CTR Law, this chapter, and the mandates of the CTR program approved by Kitsap Transit and advise the union that the proposal being made is necessary for compliance with this chapter and state law (RCW 70.94.531). (4) Not Liable. No affected employer with an approved CTR program may be held liable for failure to reach the applicable SOV or VMT goals. 10.40.130 APPEALS. (a) Hearing an Appeal (1) Venue. The affected employer shall select to appeal the initial order of the Presiding Officer in either the City of Bremerton District Court or through the administrative process set forth in this chapter. (2) Time. An appeal of a determination that an affected employer or newly- affected employer committed a civil infraction under this chapter shall be commenced by filing a written notice of appeal within thirty (30) days of the issuance of the Presiding Officer's written findings. Section 2. Effective date. This ordinance shall become effective ten days after passage and publication as provided. APPROVED by the City Council of the City of Bremerton this day of ,1999. Page ]0 PASSED by the City Council of the City of Bremerton this day of ,1999. MIKE SHEPHERD, Council President APPROVED this day of ,1999. LYNN HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk Page ! ! City. of Bremerton Chapter 10.40 COMMUTE TRIP REDUCTION PLAN Sections: 10.40.010 10.40.020 10.40.030 10.40.040 10.40.050 10.40.060 10.40.070 10.40.080 10.40.090 10.40.100 10.40.110 10.40.120 10.40.130 PURPOSE DEFINITIONS THE CITY OF BREMERTON'S CTR PLAN RESPONSIBLE AGENCY APPLICABILITY NOTIFICATION OF APPLICABILITY REQUIREMlgNTS FOR AFFECTED EMPLOYERS CTR ZONE, BASE YEAR VALUES AND GOALS CREDIT FOR COM31%rTE TRIP REDUCTION EFFORTS CTR PROGRAM REVIEW AND ANNUAL REPORTS EXTENSIONS ENFORCEMENT APPEALS 10.40.010 PURPOSE. The purpose of this chapter is to establish Commute Trip Reduction Program requirements for affected employers within the City of Bremerton. These requirements will promote alternative commute modes and reduce the total number of single occupant vehicle (SOV) commute trips, and vehicle miles traveled (VMT) per employee, thereby, decreasing traffic congestion, automobile related air pollution, and energy use within the City of Bremerton. The Ci~. qf Bremerton recognizes the importance of increasing individual ¢itizenf awareness qf air quali~., crier? consumption, and trq~fiC congestion and the contribution individual action`v can make toword addre$`ving these issue,v, 10.40.020 DEFINITION. The following definitions shall apply in the interpretation and enforcement of this chapter: (a) (l) "Affected Employee" means a full- time employee who begins his or her regular work day at a single worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two (2) or more weekdays per week for at least twelve (12) continuous months. The following classifications of employees are excluded fi.om the definition of affected employees: i. seasonal a~m'iculture employees, including seasonal employees of processors of agriculture products; and ii. employees of construction worksites when the expected duration of the construction is less than two (2) years. (2) "Affected Employer" means a public or private employer that employs one hundred (100) or more affected employees. (3) "Alternative Commute Mode" refers to any means of commuting, other than that in which the single-occupant vehicle is the dominant mode. Telecommuting and compressed work weeks are considered alternative commute modes, if they result in reducing commute trips. (4) "Alternative Work Schedules" are programs such as compressed work weeks that eliminate commute trips by affected employees. (b) (I) "Base Year" means the period from January 1, 1992, through December 31, I992, on which goals for vehicle miles traveled (VMT) per employee and proportion of single- occupant vehicle (SOV) commute trips shall be based. (RCW 70.94.524.7) (c) (1) "Carpool" means any motor vehicle occupied by two (2) to six (6) people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle commute trip. (2) "Commute Trip" means a trip made from a worker's home to a ~vorksite to begin a regularly scheduled work day between 6:00 a.m. and 9:00 a.m. (inclusive) on weekdays. (3) "Commute Trip Reduction (CTR) Goals" mean the goals established by the State CTR Law and the CTR Task Force Guidelines for affected employers. These goals are to reduce the Vehicle Miles Traveled per employee and the Single Occupant Vehicle commute trips from the base year value established for the Commute Trip Reduction Zone at least 15 percent by January 1, 1995; 25 20 percent by January 1, 1997; and 35 25 percent by January 1, 1999, and 35 percent by .f, raua~? 1, 2005. (4) "Commute Trip Reduction (CTR) Plan" means the City. of Bremerton's plan which is desired to achieve reductions in the proportion of single occupant vehicle (SOV) commute trips and the commute trip vehicle miles traveled (VMT) per affected employees of affected public and private sector employers within the City of Bremerton. (5) "Commute Trip Reduction (CTR) Pro,am" means the affected employer's strategies to reduce the proportion of single occupant vehicle commute trips and the commute trip vehicle miles traveled per affected employees. (6) "Commute Trip Reduction (CTR) Task Force Guidelines" means the official guidelines to RCW 70.94 developed by the Washington State Commute Trip Reduction Task Force committee. (RCW 70.94.537) (7) "Commute Trip Reduction (CTR) Zone" means an area, such as a census tract or combination of census tracts, within the City of Bremerton, characterized by similar emplo.vment density, population density., level of transit service, parking availability., access to high occupancy vehicle facilities, and other factors that are determined to affect the level of SOV commuting. (8) "Commuter Ride Matching Service" means a system that assists in matching commuters for the purpose of commuting together. (9) "Compressed Work Week" means an alternative work schedule, in accordance with employer policy, that regularly allows a full-time employee to eliminate at least one (1) work day every two (2) weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. (10) "Custom Bus/Buspool or Worker/Driver Bus" means a commuter bus service arranged specifically to transport employees to work. (d) (1) "Day(s)" means calendar day(s). (2) "Dominant Mode" means the mode of travel used for the greatest distance of a commute trip. (e) (1) "Employee Transportation Coordinator" means a designated on-site employee who is responsible for administering the employer's Commute Trip Reduction Program. (2) "Employer" means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district or other individual or entity, whether public, non-profit, or private, that employs workers. (f) (1) "Flex-Time" is an employer policy allowing individual employees some flexibility in choosing the time, but not the number, of their working hours to facilitate the use of alternative commute modes. (2) "Full-Time Employee" means a person, other than an independent contractor, scheduled to be employed on a continuous basis for 52 weeks for an average of at least 35 hours per week. (g..~ ~l? "Good Faith £~rr" meanx that a~ employer has met the rnimmz~m requireme~t¢' identtfied in trix chapter and in RCW 70. 9,1.53l, ~'md is worki~g collahorativelv with Kitxap Transit to continue its existi~g CTR pro,or,Tm or is developing and implementing program modifications likely to rexult in improvementx to itx CTR program over an a?eed upon le,,~vth ¢' time. "Hearing Examiner" means a the Washin~on State Bar (h) (1) member of Association. (i) (1) "Implementation or Implement" means active pursuit by an employer to achieve the CTR Goals of RCW 70.94.521-551 and this chapter. (m)(1) "Mode" refers to the means of transportation used by employees, such as single-occupant vehicle, carpool, vanpool, transit, ferry, bicycle, and walking. (n) (1) "Newly-Affected Employer" is an employer that is not an affected employer upon the effective date of this chapter but becomes an affected employer subsequent to the effective date of this chapter. (p) (1) "Presiding Officer" means a person or persons designated by Kit.sap Transit to hear and determine a contested Notice of Civil Infraction. (2) "Proportion of Single-Occupant Vehicle Commute Trips" or "SOV Rate" means the number of commute trips over a set period made by affected employees in SOVs divided by the number of affected employees working during that period. (s) (1) "Single-Occupant Vehicle (SOV)' means a motor vehicle occupied by one (1) employee for commute purposes, including a motorcycle. (2) "Single Worksite" means a building or group of buildings on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights-of-way occupied by one or more affected employers. (t) (1) "Telecommuting" means the use of telephones, computers, or other similar technology to permit an employee to work at home or at a location closer to home than the employer's worksite. (2) "Transit" means a multiple- occupant vehicle operated on a for-hire, shared- ride basis, including bus, ferry,, shared-ride taxi, shuttle bus, worker/driver bus, or vanpool. (3) "Transportation Demand Management (TDM)" means the use of strategies to reduce commute trips made by single occupant vehicles and vehicle miles traveled (VMT) per employee. (v) (1) "Vanpool" means a vehicle occupied by seven (7) to fifteen (15) people traveling together for their commute trip. (2) "Vehicle Miles Traveled (VMT) Per Employee" means the sum of the individual vehicle commute trip len~hs in miles made by affected employees over a set period divided by the number of affected employees during that period. (w) (1) "Week" means a seven day calendar period, starting on Monday and continuing through Sunday. (2) "Weekda? means any day of the week except Saturday or Sunday. (3) "Writing," "Written," or "In Writing" means original signed and dated documents. Facsimile (fax) transmissions are a temporary notice of action that must be followed via mail or delivery, of the original signed and dated document. 10.40.030 THE CITY OF BREM_ERTON'S CTR PLAN. The 1992 City of Bremerton's Commute Trip Reduction (CTR) Plan set forth in Attachment A is wholly incorporated herein by reference. 10.40.040 RESPONSIBLE AGENCY. The City of Bremerton has determined that it is within the best interest of the public to enter into an interlocal agreement (pursuant to RCW 39.34 and RCW 70.94.527) with Kitsap Transit, located at: 234 South Wycoff Bremerton, Washin~on 98312, whereby Kitsap Transit will be the agency responsible for implementing and administering the City of Bremerton's CTR Plan and this chapter. 10.40.050 APPLICABILITY. (a) Affected Employer. The provisions of this chapter shall apply to all affected employers at any single worksite within the unincorporated areas of the City of Bremerton. (b) Change in Status as an Affected Employer. Any of the following changes in an affected employer's status may change the employer's CTR program requirements: (1) Becomes a Non-Affected Employer. If an employer initially designated as an affected employer no longer employs one hundred (100) or more affected employees and expects not to employ one hundred (100) or more affected employees for the next twelve (12) months, that employer is no longer considered an affected employer. It is the responsibility of the employer to notify Kitsap Transit, in writing, that it is no longer an affected employer; (2) Change in Status Within Twelve (12) Months. If the same employer returns to the level of one hundred (100) or more affected employees within the same twelve (12) months, that employer will be considered an affected employer for the entire twelve (12) months, and will be subject to the same CTR Program requirements as other affected employers. It is the responsibility of the employer to notify. Kitsap Transit, in writing, that it has become an affected employer; and (3) Change in Months. If the same level of one hundred Status After Twelve (12) employer returns to the (100) or more affected employees twelve (12) or more months after its change in status to an "unaffected" employer, that employer shall be treated as a newly- affected employer, and will be subject to the same CTR Program requirements as other newly-affected employers. It is the responsibility of the employer to notify. Kitsap Transit, in writing, that it has become an affected employer. (c) Newly-Affected Employers (1) Reporting Date. Newly-affected employers shall identify themselves to Kitsap Transit within ninety (90) days of becoming an affected employer or moving into the boundaries of the City of Bremerton. (2) CTR Program Submittal. Newly- affected employers shall be granted a minimum of one hundred-eighty (180) days from the date of official notification by Kitsap Transit that they are an affected employer or from the date of self-identification to develop and submit a CTR program. (3) CTR Goals. Newly-affected employers shall have two years from the date of their CTR Program approval to meet the first CTR goal of fifteen (15) percent; four years from the date of their initial CTR Program approval to meet the second CTR goal of twenty five (25) percent; and six years from the date of their initial CTR Program approval to meet the third CTR goal of thirty five (35) percent. (3) CTR Goals. Ne~t, ly-affected employers shall hc~'e two years ]~'om the date 2f their CFR Program approval to meet the fir6't CTR ~oal Of.tjfteen (15) percent; .~bur years fi'om the date of their initial CTR Prog'ram approval to meet the second CTR ~oal of t~s,en~.' (20) percent; ~£'c years _from the date of their initial CTR Pro?am approval to meet the third CTR goal Of t~,'en~ five (25) percent: and r~veh,e years.from the date o£their initial CTR pro,'am approval to meet the fbwrth CTR goal qf thirO, .five ~35) percent. 10.40.060 NOTIFICATION OF APPLICABILITY. (a) Publication of Notice. In addition to the City of Bremerton's established public notification procedures for adoption of an ordinance or an amendment to an ordinance, a notice of the availability, of a summary of this chapter or an amendment to this chapter shall be published at least once in the City. of Bremerton's official newspaper within thirty (30) days of the effective date of this chapter or any amendments hereto. (b) Notice to Know Affected Employers. Known affected employers located in the City. of Bremerton shall receive written notification from Kitsap Transit that they are subject to this chapter. Kitsap Transit shall also send to all known affected employers notice of any amendments to this chapter. Such notices shall be by certified mail or delivery., return receipt, addressed to the employer's Employee Transportation Coordinator. Such notification shall be delivered within thirty.' (30) days of the effective date of this chapter or any amendments hereto. (c) Self-Identification. Affected employers who, for whatever reason, do not receive notification within thirty. (30) days of the effective date of this chapter shall identify themselves to Kitsap Transit within ninety (90) days of the effective date of this chapter. Upon self-identification, such affected employers will be granted one hundred-eighty (180) days from identifying to submit a CTR Program. 10.40.70 REQUIREMENTS FOR AFFECTED EMPLOYERS. (a) CTR Program Submittal Date. Except as otherwise provided in this chapter, not more than one hundred-eighty (180) days from the effective date of this chapter, all affected public and private employers within the City of Bremerton shall submit a CTR Program to Kitsap Transit. (b) CTR Program Implementation Date. Except as otherwise provided in this chapter, an affected employer's CTR Program shall be implemented not more than one hundred-eighty (180) days from the date the CTR Program was initially submitted to Kitsap Transit for approval. (c) Mandatory CTR Program Elements. The employer's CTK Program must be designed to achieve the CTR Goals set forth in 10.40.080 of this chapter. At a minimum, an employer's CTR Program shall include the following elements: lc') ~Plandato~. CTR Program Elements. The employer',~ CTR Program must be desi~ed tO ~tchieve the CTR Goals se(forth in this chapter. The employer shall make a ,good_faith effort, as defined in thi~ chapter and in RCW 70 94.53 l, to develop anti im?lement a CTR prog-ram that will encourage its em.oh4vees to reduce I4~lT per employee and SOV commute ires. At a minimum, an employer[~ CTR Pro~o,'am shall include th,fo/lowing elements: (1) Site description. A general description of the employment site location, to include: level of transit service, parking availability, access to highways, and unique conditions experienced by the employer or its employees that might affect the level of SOV commuting and VMT per employee. (2) Employee Information. The total number of affected employees. (3) Employee Transportation Coordinator. The name of the employer's designated Employee Transportation Coordinator (ETC) to administer the CTR Program. The ETC's name, location, and telephone number must be displayed prominently at each affected worksite. The ETC shall oversee all [lements of the employer's CTR Program and act as liaison bet-ween the employer and Kitsap Transit. (4) Information Distribution. A commitment to regularly distribute to its employees information about alternatives to SOV commuting. Each employer's subsequent annual report must include a description of the information to be distributed and the method of distribution. (5) Annual Progress Report. A commitment to annually review employee commuting and progress toward meeting the CTR goals. Affected employers shall file an annual progress report with Kitsap Transit. The annual report form shall be provided by Kitsap Transit and shall be consistent wirda the CTR Task Force Guidelines. (5) Anmtal Progress Re.vort. .~ commitment tO annually review employee commuting and ~rogress toward meeting the CTR goals. Affected emplqvers shall file an anm~ai.oro?ess report with Kitsap Transit. 77~e a.nnuat report.form shall be.provided by Kitsap Transit and shall be consistent with the CTR Task Force Guidelines. Sur~:ey infsrmation or rLp.proved alternative information must be provider] in the reIjorts submitted in the second, .jt~urth, ,yi. rth. eight, tenth, and t~vel, fth year r~fter pro,'am implementatio~ begins. (6) Record Keeping. A list of records that will be kept by the employer that can be used to evaluate the employer's CTR Pro,am. Kitsap Transit and the affected employer shall agree in writing on the record keeping requirements as part of the affected employer's approved CTR Program. Employers will maintain all records listed in their CTR Program for a minimum of twenD'-four (24) months. (7) Specific Measures. In addition to the mandatory program elements described above, the employer's CTR program shall include specific measures to be implemented to meet the CTR goals. These measures may include, but are not limited to, one or more of the following: (i) a provision for preferential parking or reduced parking charges, or both, for high-occupancy vehicles; ii. instituting or increasing parking charges for SOVs; iii. a provision for Commuter Ride Matching services to facilitate employee ride- sharing for commute trips; iv. a provision for subsidies for transit fares; v. a provision for vans or buses for use as vanpools or custom bus/buspools (Kitsap Transit's worker/driver buses); vi. a provision for subsidies for carpools or vanpools; vii. permitting the use of the employer's vehicles for carpooling or vanpooling; viii. permitting flex-time to facilitate employees' use of transit, carpools, or vanpools; ix. cooperation with transportation providers to provide additional regular or express service to the worksite; x. construction of special loading and unloading facilities for transit, carpool, and vanpool users; xi. a provision for bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work; xii. a provision for.a program of parking incentives such as a rebate for employees who do not use the parking facilities; xiii. establishment of a telecommuting program to permit employees to work part-or full-time at home or at an alternative worksite closer to their homes; xiv. establishment of a program of alternative work schedules such as a compressed work week which reduces commuting; xv. establishment of a Guaranteed Ride Home program that would provide transportation home, in case of an emergency, to employees who normally use an alternative commute mode; and xvi. implementation of other measures designed to facilitate the use of high- occupancy vehicles, such as on-site day care facilities and emergency taxi services. (d) Request for Modification of CTR Program Elements. An affected enSployer may request a modification of the CTR Program elements. This request must be in writing and delivered to Kitsap Transit. Such request may be granted by Kitsap Transit if one of the following conditions exist: (1) Beyond Control. The affected employer can demonstrate it would be unable to comply with the CTR Program element(s), for which the affected employer seeks an exemption, for reasons beyond the control of the employer; or (2) Undue Hardship. The affected employer can demonstrate that compliance with the CTR Program element(s) would constitute an undue hardship. (e) Exemption From CTR Pro,am. An affected employer may request Kirsap Transit to ~ant an exemption from all CTR pro,am requirements. The affected employer shall demonstrate that it would experience undue hardship in complying with the requirements of this chapter as a result of the characteristics of its business, its work force, or irs location(s). An exemption may be ~anted if and only if the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures that could reduce the proportion of SOV commute trips and VMT per employee. Exemptions may be ~anted by Kirsap Transit dur/ng the initial review of the afr%cted employer's CTR Pro,am or at the time of the annual Program review process, Kitsap Transit shall review annually all employers receiving exemptions, and shall determine whether the exemption will be in effect during the following program year. (e) Exemption From CTR ri) Exemption dS.om all Reqztirementx. An q~ected ernlplo~er men; s~brnit a reqTtext to [~'itsap Transit to grant an exem_prion,from all CTR prc>~am requirdments or ?e~alties ./'or cz particular work~ite. The em.p/over m~tSt demonstrate that it wouht ex, period,ce undue har&h(o in complying with the req~dreraents this ordinance as a res~tlt o. f the characteristics o. f its bztsi~ess, its work,.force, or its location~v). An exemption real~' be granted !land on& (£ the q~ected e,[vloyer demonstrates that it faces extraordinary circ, trastances. .~uch as bankruptcy, and is unable to implement meaxures that could reduce the .orr)portion SOV trips, and VMTper emph?ee, E2:emptions ma3; be granted by Kitsap Tr~7$it at arty time ba.~ed on written notice provided hy the q_ffected ~mployer. The notice shouht ctcarty q&olain the C~onditions for which the a~ecred e~olr~ver is seeking an exe~orion_~om the requirements th~ CTR pro,am, ~its~o Transit shall review annually all emplqver$ receh, in~ exemption.~ at~d shall determine whether the exemption will be in e~fect during thq following pro.~am year. (2) Exemp~on fi~r Employee,Y. ~hicles ]br Work An q~ected e~vloy'er m~, submit a reque,~t to Kits~n Tr~sit to exempt &vect~k' e~nl~vees that mtat use their vqhicles during the work d~' for work ~u(poses. U~e e~olRver $hall provide documentation i~ic~ing how maw e~pl~vee, y meet thi. y condition attd muyt demons~ate that no reasonable ahernative cqmmugq mode exists fi)r these en?l~vees. Under thi~ condition, the ~[olicable CTR Goals will not be modified but those empl~veey who need daily access to the vehicles they drive to work will not h~ inchtded Ln the calculations q.(vrr~vortion commute ~ips and P5~T per empt~3,ee used determine the empl~veF$ progress toward meetin.~ its CTR Pro,am Goals. 3. &emFtion for P2wiable Sh~fi ~mpl~vees. An q~ected empt~wr mrs' submit a request tO Kitsap Transit to exq~[vt e~ployees who work variable .yh~s throughout the year and who do not rotate a, a ~'oup to identical sh~s. Kit~yap D'~sit will use the qriteria identified in the CTR Task Force Guktelines to assess the validly' of employee eyemption request. Kirsap Transit shall review annua[(v all emph?ee exemption requests', and shall determine whether the exemption will be in effect during the following program year. 10.40.080 CTR ZONE, BASE YEAR VALUES A/ND GOALS. (a) CTR Zone and Values. The City of Bremerton authorizes the Board of Commissioners of Kitsap Transit to, by resolution, establish the CTR Zone(s) boundaries, and the base year values for SOV rate and VMT per employee within the CTR Zone(s). This resolution shall be passed by January 3 I, 1993. (b) Percentage Reductions of SOV's and VMT Per Employee. The CTR Goals for an affected employex~s CTR Pro,am shall be a reduction in the proportion of SOV commute trips and VMT per employee by: I. 15% by 1995; 2. 25% by 1997; and 3. 35% by 1999 from the base year values of the CTR Zone in which the affected employer is located. The methods used to determine an affected employer's SOV rate and VMT per employee shall be consistent with the CTR Task Force Guidelines (RCW 70.94.537). (bi Percentage Reductions ctf SOV's and VMT Pet' Employee. The CTR Goals for an affected employer's CTR Pro?am shall he a reduction in the proportion of SOV ¢otnmute trips and ~klT per employee bw .... 1. 15% by 1995; 2. 20% by 1997; 3. 25% br' 1999: and 4. 35% hv2005 fi'om the ba~e .year values qf rhe CTR Zone in which the q.ff. ected employer i.y located. The methods used to determine an affected employer's SOV rate and ~2~ff per emph?ee shall be con4'istent with the CTR Ta~'k Force Guidelines (RCW 70. 94.53 7~. (c) Modification of CTR Program Goals. An affected employer may request from Kitsap Transit a modification of the CTR Goals. Grounds for granting modification are limited to the following: (1) Worksite Next To Another CTR ZONE. An affected employer demonstrates that its worksite is contiguous with a CTR Zone boundary and that the worksite conditions affecting alternative commute options are similar to those for employers in the adjoining CTR Zone. Under this condition, the employer's worksite may be subject to the same CTR Goals for VMT per employee and proportion of SOV commute trips as employers in the adjoining CTR Zone. (2) Lack of Alternative Commute Modes. An affected employer demonstrates that opportunities for alternative commute modes do not exist due to factors related to the worksite, its work force, or characteristics of the business that are beyond the employer's control. (3) Employees Use Vehicles At Work. An affected employer can demonstrate that it requires sig~nificant numbers of its employees to use the vehicles they drive to work during the work day for work purposes. The employer shall provide documentation indicating how many employees meet this condition and must demonstrate that no reasonable alternative commute mode exists for these employees. Under this condition, the applicable CTR Goals will not be modified but those employees who need daily access to the vehicles they drive to work will not be included in the calculations of proportion of SOV commute trips and VMT per employee used to determine the employer's proga'ess toward meeting its CTR Program Goals. (c) Modification qf CTR Program Goals. An q_/fected er~Lployer may request that Kitsap Trrmsit mod~. ' the employer's CTR goals. Such request shall be fited in writing at least 60 ck~'x ~prior to the date the wor~'ite i$ required to submit its proom'am description and cmnual report. The goal modi. fication request must c/early explain why the work, itc is unable to achieve the applicable goal. The worksite must also demonstrate that it has implemented all the elements contained in its approved CTR progwam. Kit, sap Transit will review ami ,grant or deny requests for goal mod!fications in accordance with procedures and criteria identified in the CTR Task Force Guidelines. An employer mca., not request a modification of the applicable goals until one year ~er Kitsap Transit has approved the ernployers initial pro?am description or annual report. 10.40.090 CREDIT FOR CONEMUTE TRIP REDUCTION EFFORTS. (a) Credit for Programs Implemented Prior to the Base Year. Employers with successful Transportation Demand Management (TDM) programs implemented prior to the 1992 base year, may be eligible to receive a special one- time CTR program exemption credit, which exempts them from most CTR program requirements. Affected employers wishing to receive this credit must apply to Kitsap Transit within ninety (90) days of the adoption of this Ordinance. Application shall include data from a survey of employees or equivalent to establish the applicant's VMT per employee and proportion of SOV commute trips. The survey or equivalent data shall conform to all applicable standards established in the State CTR Guidelines. An affected employer shall be considered to have met the 1995 CTR Goals if their VMT per employee and proportion of SOV commute trips are equivalent to a twelve (~ 2) percent or greater reduction from the base year CTR Zone values. point credits apply (b) Process to Exemption Credit. These three (3) percentage only to the 1995 CTR Goals. Apply for CTR Program Affected employers may apply for program exemption credit for the results of past or current CTR efforts by applying to Kitsap Transit in their initial CTR Pro,am description or as part of any other annual CTR progress report. Application shall include results from a sur~'ey of employees, or equivalent information that establishes the applicant's VMT per employee and proportion of SOV commute trips. The survey or equivalent information shall conform to all applicable standards established in Section 7 (Survey Guidelines) of the CTR Task Force Gui&tines. Employers that apply for program exemption credit and whose VMT per employee and proportion of SOV commute trips are equal to or less than the CTR Goals for one or more future goal years, and commit in writing to continue their current level of effort, shall be exempt from the requirements of this chapter except for the requirements to report performance in 1995, 1997, and 1999. If any of these reports indicate the employer does not satisfy the next applicable CTR Goal(s), the employer shall immediately become subject to all requirements of this chapter. (c) Notice of Leadership Certificate. As public recognition for their efforts, affected employers who meet or exceed the CTR Goals as set forth in 10.40.086(b) of this chapter, will receive a Commute Trip Reduction Certificate of Leadership from the City of Bremerton. A notice of this Certificate of Leadership shall be published in the official newspaper. 10.40.100 CTR PROGRAM REVIEW AND ANNUAL REPORTS. (ay CTR Program Review. (1) Approval. Kitsap Transit shall provide the employer with written notification if the employer's CTR Program is deemed acceptable. Such notification shall be by certified mail or deliver, return receipt, addressed to the employer's Employee Transportation Coordinator. If the employer receives no written notification of extension of the review, period or comment on the CTR Pro,am within forty-five (45) days of submissio~h; the employer's CTR Program'ghall be deemed approved. Kitsap Transit may extend the review period up to ninety (90) days. The implementation date for the employer's CTR program will be extended an equivalent number of days. (2) Conditional Approval. Kitsap Transit may determine that an employer's CTR Program is approved on the condition that certain aspects of the Program be modified. In this case, Kitsap Transit shall notify the affected employer of the required modifications. Such notification shall be by certified mail or delivery, return receipt, addressed to the affected employer's Employee Transportation Coordinator. Affected employers will be given thirty (30) days from the date of such notice to submit a revised CTR Program. Kitsap Transit shall have thirty (30) days from the date the revised CTR Program was received to accept or reject the revised CTR Program. (3) R~,iection. Kit. Tap D'ansitshall provide the employer with ~,rittcn notification if the empl((ver5 CTR Pro?am is deemed tmacceT~table and therefore, rejected Such notification shall be by certtfied mail or deliver:y, return receipt, addressed tO the affected employer's Employee Tran.Luortation Coordinator ~vithin for~'-five ;4~) d~x o. f rhe CTR Program sztbmittal date. The letter will 4'peci.,~_ the c(~z~ge<v),_for the rejection. Kitx~v Transit will schedule a meeting with the qffected ¢mpl~ver within ~en~-one ;211 d~,s qf the date of notice. Dzwing the meeting. Kitsqv Transit will provide technical ~gi.5t~ce to the q~ected e~vIqver. The q~ected employer will be given rhir~ f30) dw~x~om the d~te qf the meeting to submit a revised CTR Pro?am. KitscLv Transit ,~'hall have rhir~' r30) d%,.s' to accept or reject the revised CTR Prcgrrtm (by C~ Annual Pro~ess Repons. Kitsap Tr=sk shall establish the affected employer's ~nual repoffing date upon review of ~e employer's inkial C~ Pro~m. %e reposing date shalI not be less ~ ~elve (12) monks ~om the date ~e employees C~ Proem was approved. Each ye~ on ~e employer's reporting date, ~e employer shall submit to Kitsap Transit its ~nual C~ Proem progress repom Kitsap Transit shall provide ~d ~e affected employer shall use a st~d~d a~ual repo~ fora. 10.40.110 EXTENTIONS. An affected employer may request from Kitsap Transit additional time to submit a CTR program, or CTR annual progress report, or to implement or modify a CTR Program. Such requests shall be made in writing and delivered by certified mail to Kitsap Transit no less than thirty (30) days before the due date for which the extension is being requested. Extensions not to exceed ninety (90) days may be considered for reasonable cause. Kitsap Transit shall grant or deny the employer's extension request by certified letter, return receipt within fifteen (15) days of receiving the request. If there is no response issued to the employer, an extension is automatically granted for thirty (30) days. Extensions shall not exempt an employer from any responsibility in meeting the CTR Goals. Extensions granted due to delays or difficulties with any CTR Program element(s) shall not be cause for discontinuing or failing to implement other program elements. An employer's annual reporting date shall not be adjusted permanently as a result of these extensions. An employer's annual reporting date may be extended at the discretion of Kitsap Transit. 10.40.120 ENFORCEMENT. (a) Compliance. Except as otherwise provided in this chapter, compliance shall mean fully implementing all provisions in an accepted CTR Program and satisfying the requirements of this chapter. (b) Required CTR Program Modifications. Kitsap Transit shall use the following criteria in determining whether an affected employer shall be required to make modifications to its CTR Program: (1) Achieves Both CTR Goals. If an affected employer achieves both the SOV and VMT Goals for the current goal year, the employer has satisfied the objectives of this chapter and will not be required to modify its CTR Program. (2) Achieves One CTR Goal. If an affected employer achieves one of the CTR Goals for the current goal year, Kitsap Transit may recommend program modifications, but in recognition of the employer's successful efforts in achieving one of the Goals, Kitsap Transit will not require the employer to modify its CTR Pro.am. (3) Fails To Achieve Any CTR Goals. If an employer fails to meet both the SOV and VMT Goals for the current goal year, Kitsap Transit shall propose modifications to the employer's CTR Program and direct the employer to revise its CTR Program. The employer shall submit a revised CTR Pro.am, including the proposed modifications or equivalent measure(s), within thirty. (30) days of receiving notice to modify its CTR Program. Kitsap Transit shall review the revised CTR Pro.am and notify the employer's Employee Transportation Coordinator within thirty (30) days, by certified mail, of acceptance or rejection of the revised program. If a revised program is not acceptable, Kitsap Transit shall require the employer to attend a conference with . Program review staff for the purpose of reaching a consensus on the required CTR Program. A final decision on the required CTR Program will be issued in writing by Kitsap Transit within fifteen (15) days of the conference. (b) Required CTR Pro,am Modifications'. Kitsap Transit .shall t~se the.following criteria in dqterminin~ whether crn q.ffected employer ~'&'tll be required to make modifications to its CTR Pro?am: (1) Achieves Either or Both Goals. If an employer makes a good fitith effort, as defined in this chapter and in RCW 70. 94.53 l, and meets either or both the applicable $0~ or ~%IT goat. the era_nloyer ha~ satisfied the objectives qf the CTR plan and will not be required to modi_~_ its CTR pro_tram. (2) Fails to Achieve Either Goals. i, With Good Faith Effort - [fan employer makes a good faith effort, as defined in this chapter and in RCW 70. 94.53l, but has not met or is not likely to meet the applicable ~0 V or VMT.~oal, Kitsa? D'ansit .shall work ¢ollaboratb,'ely with the employer to make modifications to its CTR nfo?am. -After ~Gcfreeing on modifications, the employer shall submit a revised CTR pro.?am description to Kitsap Transit fi)r approval within 30 dm,s of reaching an agreement. ii. Without Good Faith Effort- [f an employer fails to make a ~ood faith effort, as defined in this chapter crnd in RCW 70.94.531 and failx to meet either the applicable SOV or VMT reduction goal, Kitsc(p Trcm$it shall work collaborativelv with the emolover to identi~' modifications to the CTR pro,o-ram and shall direct the employer to revixe its £ro_?am within 30 dc~.'s to inco~:porate the modi{~cations, h~ response to the recommended mod(fications, the employer shall submit a revi~ed CTR pro?am description, inchttffng the requested modi. fication,s or equivalent measures, within 30 days of receiving written notice to revise its program. Kitsap Tran6'it shall review the revisions and not~_, the employer of acceptance or rejection of the revised pro?am. Ifa revised pro?'am is not accepted, Kitsap Transit will · send written notice to that effect to the employer within 30 day's and, if necessar?,, require the enLvlo_ver to attend a conference with pro?am review staff for the purpose of reaching a ¢onsens~4,~' on the required pro?am. A final decision on the reqltired pro?am will be issued in writing by Kitsap D'ansit ~,ithin ten workin? da3,s of the conference (c) Violations. The following constitute violations of this chapter: (1) Failure to develop and/or submit a complete CTR Program by the applicable deadlines as stated in this chapter. (2) Failure to implement an approved CTR Program by the applicable deadlines as stated in this chapter. (3) Failure to modify an unacceptable CTR Program by the applicable deadlines as stated in this chapter. (4) Failure of an affected employer to identify itself to Kitsap Transit within ninety (90) days of the effective date of this chapter. (5) Failure of a newly affected employer to identify itself to Kitsap Transit within ninety. (90) days of becoming an affected employer. (6) Failure to submit on time an annual CTR Program Progress Report to Kitsap Transit. (7) Failure to maintain agreed upon CTR Program records. (8) intentionally submitting false information, data and or survey results. f9) Failure to make a good faith e~_ffort. as de. fined in this chapter and in RCW 70.94.53I. (d) Penalties. (1) Class I Civil Infraction. Any affected employer violating any provision of this chapter shall be liable for a Class I Civil Infraction, and subject to civil penalties pursuant to RCW 7.80.120. (2) Separate Offenses. Such affected employer shall be liable for a separate offense for each and every day during any portion of which any violation of this chapter is committed or continued and shall be subject to civil penalties as herein provided; and (3) Failure due to Union. An employer shall not be liable for civil penalties if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers shall be presumed to act in good faith compliance if they: i. propose to a reco~nized union any provision of the employer's CTR program that is subject to bargaining as defined by the National Labor Relations Act; and ii. advise the union of the existence of the Washin~on State CTR Law, this chapter, and the mandates of the CTR program approved by Kitsap Transit and advise the union that the proposal being made is necessa~ for compliance with this chapter and state law (RCW 70.94.531). (4) Not Liable. No qffected employer ~,ith an approved CTR pro?am may be held liable~tbr failure to reach the applicable SO V or VMT goals. (e) Adjudicative Procedure. (1) Service of the Notice of Infraction. An adjudicative procedure under this chapter is commenced by the issuance of a Notice of Civil Infraction. Service of a Notice of Civil Infraction shall be by either personal service or by certified mail, return receipt.requested. (2) Contents of the Notice of Civil Infraction. The Notice of Civil Infraction shall contain the following: i. A statement that the notice represents a determination that a civil infraction has been committed by the affected employer or newly-affected employer named in the notice and that the determination is final unless contested as provided in this chapter. ii. A statement that a civil infraction is a non-criminal offense for which imprisonment may not be imposed as a sanction. iii. A statement identifying the party, issued the Notice of Civil Infraction. iv. A statement of the specific civil infraction for which the notice was issued. v. A statement of the monetary penalty established for the civil infraction. vi. A statement identifying the procedure to contest the Notice of Civil Infraction. vii. A statement that a party must respond to a Notice of Civil Infraction within 15 days of the date the Notice of Civil Infraction was received. viii. A statement that failure to respond to the Notice of Civil Infraction as directed in this chapter will result in a default judgment for the identified monetary penalty. being entered against the party named in the Notice of Civil Infraction. (3) Failure to Respond. A Notice of Civil Infraction represents a determination that a Civil Infraction has been committed. The determination is final unless contested as provided in this chapter. (4) Hearing on a Civil Infraction. i. An affected employer or newly- affected employer issued a Notice of Civil Infraction may request a hearing on the infraction by submitting a written request for a hearing to the Presiding Officer not later than fifteen (15) days from the date the Notice of Civil Infraction was received. ii. The Presiding Officer shall set a meeting between the affected employer or newly-affected employer and the Presiding Officer not later than fifteen (15) days after the notice requesting a hearing is mailed. At such meeting, the affected employer or newly- affected employer will explain its view of the alleged Infraction and the Presiding Officer will explain Kitsap Transit's view of the matter. iii. If the affected employer or newly-affected employer to whom a Notice of Civil Infraction is issued is found to have committed the infraction, the Presiding Officer shall, within ten (10) days, serve upon the affected employer a written determination of the reason(s) for the decision and information about appeal procedures. iv. The written findings of the Presiding Officer shall be considered an initial order. If the affected employer does not appeal as provided for in this chapter, the initial order shall become the final order. 10.40.130 APPEALS. (a) Hearing an Appeal (1) Venue. The affected employer shall select to appeal the initial order of the Presiding Officer in either the City of Bremerton District Court or through the administrative process set forth in Section 10.40.130(3) of this chapter. (2) Time. An appeal of a determination that an affected employer or newly-affected employer committed a civil infraction under this chapter shall be commenced by filing a writ-ten notice of appeal within thirty. (30) days of the issuance of the Presiding Officefs written findings. (3) Administrative Process. i. Kitsap Transit shall hire and pay for a hearing examiner for the sole purpose of hearing appeals brought pursuant to this chapter. ii. Appeals shall be heard within sixty (60) days of the date the notice of appeal is received by the Presiding Officer, however no appeal shall be set less than fifteen (15) days after notice of the date for the appeal is mailed by certified mail, return receipt requested, to the party seeking review. iii. The Hearing Examiner ~vill evaluate employers' appeals of administrative decisions by determining if the decisions were consistent with this chapter, the Washin~on State CTR Law and the CTR Task Force Guidelines. Appeals may be ~anted by the CTR Hearing Examiner if the employer can show the violations for which the penalties were imposed occurred for the reasons beyond the control of the employer, or the penalties were imposed for the failure of the employer to revise its CTR Program as directed by Kitsap Transit and the employer can demonstrate that measures Kitsap Transit directed the employer to incorporate in its CTR Pro,am are unlikely to reduce the proportion of SOV commute trips and/or VMT per employee. iv. The decision of the hearing examiner shall be a final administrative decision in the matter. City of Bremerton Chapter 10.40 COMMUTE TRIP REDUCTION PLAN Sections: 10.40.010 10.40.020 10.40.030 10.40.040 10.40.050 10.40.060 10.40.070 10.40.080 10.40.090 10.40.100 10.40.110 10.40.120 10.40.130 PURPOSE DEFENITIONS TI-IE CITY OF BREMERTON'S CTR PLAN RESPONSIBLE AGENCY APPLICABILITY NOTEFICATION OF APPLICABILITY REQUIREMENTS FOR AFFECTED E1V[PLOYERS CTR ZONE, BASE YEAR VALUES AND GOALS CREDIT FOR COMMUTE TRIP REDUCTION EFFORTS CTR PROGRAM REVIEW AND ANNUAL REPORTS EXTENSIONS ENFORCEMENT APPEALS 10.40.010 PURPOSE. The purpose of this chapter is to establish Commute Trip Reduction Program requirements for affected employers within the City, of Bremerton. These requirements will promote alternative commute modes and reduce the total number of single occupant vehicle (SOV) commute trips, and vehicle miles traveled (VMT) per employee, thereby, decreasing traffic congestion, automobile related air pollution, and energy use within the City of Bremerton. The Ci~. qf Brcmcrton recog-nizes the importance qf increasing individual citizens' awareness qf air quali~., ener? consumption. and traffic congestion and the contribution individual actions can make toward addressing these issues. 10.40.020 DEFINITION. The following definitions shall apply in the interpretation and enforcement of this chapter: (a) (1) "Affected Employee" means a full- time employee who begins his or her regular work day at a single worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two (2) or more weekdays per week for at least twelve (12) continuous months. The following classifications of employees are excluded from the definition of affected employees: i. seasonal a_ericulture employees, including seasonal employees of processors of agriculture products; and ii. employees of construction worksites when the expected duration of the construction is less than two (2) years. (2) "Affected Employer" means a public or private employer that employs one hundred (100) or more affected employees. (3) "Alternative Commute Mode" refers to any means of commuting, other than that in which the single-occupant vehicle is the dominant mode. Telecommuting and compressed work weeks are considered alternative commute modes, if they result in reducing commute trips. (4) "Alternative Work Schedules" are programs such as compressed work weeks that eliminate commute trips by affected employees. (b) (1) "Base Year" means the period from January. 1, 1992, through December 31, 1992, on which goals for vehicle miles, traveled (VMT) per employee and proportion of single- occupant vehicle (SOV) commute trips shall be based. (RCW 70.94.524.7) (c) (1) "Carpool" means any motor vehicle occupied by two (2) to six (6) people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle commute trip. (2) "Commute Trip" means a trip made from a worker's home to a ~vorksite to begin a regularly scheduled work day between 6:00 a.m. and 9:00 a.m. (inclusive) on weekdays. (3) "Commute Trip Reduction (CTR) Goals" mean the goals established by the State CTR Law and the CTR Task Force Guidelines for affected employers. These goals are to reduce the Vehicle Miles Traveled per employee and the Single Occupant Vehicle commute trips from the base year value established for the Commute Trip Reduction Zone at least 15 percent by January 1, 1995; 25 20 percent by January 1, 1997; and 35 25 percent by January. I, 1999, and 35 percqnt by ./crnua~?; l. 2005. (4) "Commute Trip Reduction (CTR) Plan" means the City of Bremerton's plan which is designed to achieve reductions in the proportion of single occupant vehicle (SOV) commute trips and the commute trip vehicle miles traveled (VMT) per affected employees of affected public and private sector employers within the City of Bremerton. (5) "Commute Trip Reduction (CTR) Program" means the affected employer's strategies to reduce the proportion of single occupant vehicle commute trips and the commute trip vehicle miles traveled per affected employees. (6) "Commute Trip Reduction (CTR) Task Force Guidelines" means the official guidelines to RCW 70.94 developed by the Washin~on State Commute Trip Reduction Task Force committee. (RCW 70.94.537) (7) "Commute Trip Reduction (CTR) Zone" means an area, such as a census tract or combination of census tracts, within the City, of Bremerton, characterized by similar employment density, population density, level of transit service, parking availability, access to high occupancy vehicle facilities, and other factors that are determined to affect the level of SOV commuting. (8) "Commuter Ride Matching Service" means a system that assists in matching commuters for the purpose of commuting together. (9) "Compressed Work Week" means an alternative work schedule, in accordance with employer policy, that regularly allows a full-time employee to eliminate at least one (1) work day every two (2) weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. (10) "Custom Bus/Buspool or Worker/Driver Bus" means a commuter bus service arranged specifically to transport employees to work. (d) (1) "Day(s)" means calendar day(s). (2) "Dominant Mode" means the mode of travel used for the greatest distance of a commute trip. (e) (1) "Employee Transportation Coordinator" means a designated on-site employee who is responsible for administering the employer's Commute Trip Reduction Program. (2) "Employer" means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district or other individual or entity., whether public, non-profit, or private, that employs workers. (f) (1) "Flex-Time" is an employer policy allowing individual employees some flexibility in choosing the time, but not the number, of their working hours to facilitate the use of alternative commute modes. (2) "Full-Time Employee" means a person, other than an independent contractor, scheduled to be employed on a continuous basis for 52 weeks for an average of at least 35 hours per week. (W /1; "Good Faith Effl~rr' means that an employer has met the minimum requirements ident!fiied in thix chapter and in RCW 70. 9~t. 531 rind is working collaboratively ~t, ith Kitsap D'ansit ro continue its existing CTR progwam or i,s' developin~ and implementin~ pro?am modifications likely to result in improvemems to its CTR pro.~rarn over an a?'eed t(t~on length of time. "Hearing Examiner" means a the Washington State Bar (h) (1) member of Association. (i) (D "Implementation or Implement" means active pursuit by an employer to achieve the CTR Goals of RCW 70.94.521-551 and this chapter. (m)(1) "Mode" refers to the means of transportation used by employees, such as single-occupant vehicle, carpool, vanpool, transit, ferry,, bicycle, and walking. (n) (1) "Newly-Affected Employer" is an employer that is not an affected employer upon the effective date of this chapter but becomes an affected employer subsequent to the effective date of this chapter. (p) (1) "Presiding Officer" means a person or persons designated by Kitsap Transit to hear and determine a contested Notice of Civil Infraction. (2) "Proportion of Single-Occupant Vehicle Commute Trips" or "SOV Rate" means the number of commute trips over a set period made by affected employees in SOVs divided by the number of affected employees working during that period. (s) (1) "Single-Occupant Vehicle (SOV)" means a motor vehicle occupied by one (1) employee for commute purposes, including a motorcycle. (2) "Single Worksite" means a building or group of buildings on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights-of-way occupied by one or more affected employers. (t) (1) "Telecommuting" means the use of telephones, computers, or other similar technology to permit an employee to work at home or at a location closer to home than the employer's worksite. (2) "Transit" means a multiple- occupant vehicle operated on a for-hire, shared- ride basis, including bus, ferry,, shared-ride taxi, shuttle bus, worker/driver bus, or vanpool. (3) "Transportation Demand Management (TDM)" means the use of strategies to reduce commute trips made by single occupant vehicles and vehicle miles traveled (VIvIT) per employee. (v) (1) "Vanpool" means a vehicle occupied by seven (7) to fifteen (15) people traveling together for their commute trip. (2) "Vehicle Miles Traveled (VMT) Per Employee" means the sum of the individual vehicle commute trip len~hs in miles made by affected employees over a set period divided by the number of affected employees during that period. (w) (1) "Week" means a seven day calendar period, starting on Monday and continuing through Sunday. (2) "Weekday" means any day of the week except Saturday or Sunday. (3) "Writing," "Written," or 'tn Writing" means original signed and dated documents. Facsimile (fax) transmissions are a temporary notice of action that must be followed via mail or delivery, of the original signed and dated document. 10.40.030 THE CITY OF BRENIERTON'S CTR PLAxN. The 1992 City, of Bremerton's Commute Trip Reduction (CTR) Plan set forth in Attachment A is wholly incorporated herein by reference. 10.40.040 RESPONSIBLE AGENCY. The City of Bremerton has determined that it is within the best interest of the public to enter into an interlocal agreement (pursuant to RCW 39.34 and RCW 70.94.527) with Kitsap Transit, located at: 234 South Wycoff Bremerton, Washin~on 98312, whereby Kitsap Transit will be the agency responsible for implementing and administering the City of Bremerton's CTR Plan and this chapter. 10.40.050 APPLICABILITY. (a) Affected Employer. The provisions of this chapter shall apply to all affected employers at any single worksite within the unincorporated areas of the City of Bremerton. (b) Change in Stares as an Affected Employer. Any of the following changes in an affected employer's status may change the employer's CTR program requirements: (1) Becomes a Non-Affected Employer. If an employer initially designated as an affected employer no longer employs one hundred (100) or more affected employees and expects not to employ one hundred (100) or more affected employees for the next twelve (12) months, that employer is no longer considered an affected employer. It is the responsibility of the employer to notify. Kitsap Transit, in writing, that it is no longer an affected employer; (2) Change in Status Within Twelve (!2) Months. If the same employer returns to the level of one hundred (100) or more affected employees within the same twelve (12) months, that employer will be considered an affected employer for the entire twelve (12) months, and will be subject to the same CTR Program requirements as other affected employers. It is the responsibility of the employer to notify. Kitsap Transit, in writing, that it has become an affected employer; and (3) Change in Status After Twelve (12) Months. If the same employer returns to the level of one hundred (100) or more affected employees twelve (12) or more months after its change in status to an "unaffected" employer, that employer shall be treated as a newly- affected employer, and will be subject to the same CTR Program requirements as other newly-affected employers. It is the responsibility of the employer to notify Kitsap Transit, in writing, that it has become an affected employer. (c) Newly-Affected Employers (l) Reporting Date. Newly-affected employers shall identify themselves to Kitsap Transit within ninety (90) days of becoming an affected employer or moving into the boundaries of the City of Bremerton. (2) CTR Program Submittal. Newly- affected employers shall be granted a minimum of one hundred-eighty (180) days from the date of official notification by Kitsap Transit that they are an affected employer or from the date of self-identification to develop and submit a CTR program. (3) CTR Goals. Newly-affected employers shall have two years from the date of their CTR Program approval to meet the first CTR goal of fifteen (15) percent; four years from the date of their initial CTR Program approval to meet the second CTR goal of twenty five (25) percent; and six years from the date of their initial CTR Program approval to.meet the third CTR goal of thirty five (35) percent. f3) CTR Goals. Newly-affected emplove~w shall h~rve two yearx_fi'om the date of their CTR Program approval to meet the first CTR goal of fifteen (15) percent; fi)ur years ~om the dote of their #fft~al CTR Program approval to meet the second CTR goal of twen~., (20) percent: six years from the date of their initial CTR Pro?am a_~t~roval to meet the third CTR goal of twen~. ' five ?25) percent; and t3velve years.from the date of their initial CTR Pro,ram approval to meet the fourth CTR goal 2f thirn., five ~'35) percent. 10.40.060 NOTIFICATION OF APPLICABILITY. (a) Publication of Notice. In addition to the City of Bremerton's established public notification procedures for adoption of an ordinance or an amendment to an ordinance, a notice of the availability of a summary, of this chapter or an amendment to this chapter shall be published at least once in the City. of Bremerton's official newspaper within thirty. (30) days of the effective date of this chapter or any amendments hereto. (b) Notice to Know Affected Employers. Known affected employers located in the City. of Bremerton shall receive written notification from Kitsap Transit that they are subject to this chapter. Kitsap Transit shall also send to all known affected employers notice of any amendments to this chapter. Such notices shall be by certified mail or delivery., return receipt, addressed to the employer's Employee Transportation Coordinator. Such notification shall be delivered within thirty.' (30) days of the effective date of this chapter or anv amendments hereto. (c) Self-Identification. Affected employers who, for whatever reason, do not receive notification within thirty. (30) days of the effective date of this chapter shall identify themselves to Kitsap Transit within ninety. (90) days of the effective date of this chapter. Upon self-identification, such affected employers will be ~anted one hundred-eighty (180) days from identifying to submit a CTR Pro,am. 10.40.70 REQUIREMENTS FOR AFFECTED EMPLOYERS. (a) CTR Program Submittal Date. Except as otherwise provided in this chapter, not more than one hundred-eighty (180) days from the effective date of this chapter, all affected public and private employers within the City of Bremerton shall submit a CTR Program to Kitsap Transit. (b) CTR Program Implementation Date. Except as otherwise provided in this chapter, an affected employer's CTR Program shall be implemented not more than one hundred-eighty (180) days from the date the CTR Program was initially submitted to Kitsap Transit for approval. (c) Mandatory CTR Program Elements. The employer's CTR Program must be designed to achieve the CTR Goals set forth in 10.40.080 of this chapter. At a minimum, an employer's CTR Program shall include the following elements: fO) Mandato~. CTR Pro?am Elements. The enLoloyer's CTR Program mu,~t be designed t9 achieve the CTR Goals set forth in this chapter. The em.ph)yer shall make a .good. faith ~fort, a,s' d~.fined in this chapter and in RCW 70. 94.531, to develop and implement a CTR pro,ram that will encourage its em.oloyees to reduce ["MT per employee and ~0 V commute trip& .4t a minimum, an employer's CTR Pro,'am shah include the_fo[lowing elements: (1) Site description. A general description of the employment site location, to include: level of transit service, parking availability, access to highways, and unique conditions experienced by the employer or its employees that might affect the level of SOV commuting and VMT per employee. (2) Employee Information. The total number of affected employees. (3) Employee Transportation Coordinator. The name of the employer's designated Employee Transportation Coordinator (ETC) to administer the CTR Pro,am. The ETC's name, location, and telephone number must be displayed prominently at each affected worksite. The ETC shall o~ersee all elements of the employer's CTR Program and act as liaison between the employer and Kitsap Transit. (4) Information Distribution. A commitment to regularly distribute to its employees information about alternatives to SOV commuting. Each employer's subsequent annual report must include a description of the information to be distributed and the method of distribution. (5) Annual Progress Report. A commitment to annually review employee commuting and progress toward meeting the CTR goals. Affected employers shall file an annual progress report with Kitsap Transit. The annual report form shall be provided by Kitsap Transit and shall be consistent with the CTR Task Force Guidelines. (5) Annurd Pro?ess Report. A commitment tO annually review employee commuting and progress toward meeting the CTR goals. Affected employers shall file an annual progre$6' report with Kitsap Transit. 77~e annual report_form shall he provided by Kitxa. p Tran,'it and shall be consistent with the CTR Task Force Guidelines. Survey information or a.~vroved alternative information must be provided in the re~orts submitted in the second. fourth, sixth, eight, tenth, ,~md twet..fih year c(fter pro?am implementation begins. (6) Record Keeping. A list of records that will be kept by the employer that can be 'used to evaluate the employer's CTR Program. Kitsap Transit and the affected employer shall agree in writing on the record keeping requirements as part of the affected employer's approved CTR Program. Employers will maintain all records listed in their CTR Pro,am for a minimum of twenb'-four (2a) months. (7) Specific Measures. In addition to the mandatory program elements described above, the employer's CTR pro,am shall include specific measures to be implemeated to meet the CTR goals. These measures may include, but are not limited to, one or more of the following: (i) a provision for preferential parking or reduced parking charges, or both, for high-occupancy vehicles; ii. instituting or increasing parking charges for SOVs; iii. a provision for Commuter Ride Matching services to facilitate employee ride- sharing for commute trips; iv. a provision for subsidies for transit fares; v. a provision for vans or buses for use as vanpools or custom bus/buspools (Kitsap Transit's worker/driver buses); vi. a provision for subsidies for carpools or vanpools; vii. permitting the use of the employer's vehicles for carpooling or vanpooling; viii. permitting flex-time to facilitate employees' use of transit, carpools, or vanpools; ix. cooperation with transportation providers to provide additional regular or express service to the worksite; x. construction of special loading and unloading facilities for transit, carpool, and vanpool users; xi. a provision for bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work; xii. a provision for a program of parking incentives such as a rebate for employees who do not use the parking facilities; xiii. establishment of a telecommuting program to permit employees to work part-or full-time at home or at an alternative worksite closer to their homes; xiv. establishment of a program of alternative work schedules such as a compressed work week which reduces commuting; xv. establishment of a Guaranteed Ride Home program that would provide transportation home, in case of an emergency, to employees who normally use an alternative commute mode; and xvi. implementation of other measures designed to facilitate the use of high- occupancy vehicles, such as on-site day care facilities and emergency taxi services. (d) Request for Modification of CTR Program Elements. An affected employer may request a modification of the CTR Program elements. This request must be in writing and delivered to Kitsap Transit. Such request may be granted by Kitsap Transit if one of the following conditions exist: (1) Beyond Control. The affected employer can demonstrate it would be unable to comply with the CTR Program element(s), for which the affected employer seeks an exemption, for reasons beyond the control of the employer; or (2) Undue Hardship. The affected employer can demonstrate that compliance with the CTR Program element(s) would constitute an undue hardship. (e) Exemption From CTR Program. 'An affected employer may request Kitsap Transit to grant an exemption from all CTR program requirements. The affected employer shall demonstrate that it would experience undue hardship in complying with the requirements of this chapter as a result of the characteristics of its business, its work force, or its location(s). An exemption may be ~anted if and only if the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures that could reduce the proportion of SOV commute trips and VMT per employee. Exemptions may be granted by Kitsap Transit during the initial review of the affected employer's CTR Pro,am or ar the time of the annual Program review process. Kitsap Transit shall review annually all employers receiving exemptions, and shall determine whether the exemption will be in effect during the following program year. ~e) Exemptin~ Fromm ('TR Pro,ram. el) £xemption~f'om al~. Req~.tirement. s'. An q.ffected emplt>yer rntp; .s'Ttbrnit a reqttevt to Kitsap Transit to grant an exemption from all CTR pro?am requirements or ,n. e~atties .['or c~ particular worksite. The em£tt?.'~'er mttxt demonstrate that it u,o,~h7 experience undue hard, ship in co,[t~lying with the req,tirerne~ts of this ordinance a,~ a result o. f the characteristics of its b'u~iness, its work. force, or its locatio,~s'). An exemption mm,.' be ?anted !land on& if t/re q('fected employer demon,~trate¢' that it faces qxtraordina~, circumstances, .,uch as banlcruptcy, and is um'tbIe to im.olement any measure,y that could reduce thc ,oroportio~ o.f SOV trips and ~%lTper employee. Exemption.s may be g'ranted by K'itstL~ Tr~sit at a~v time ba,~ed on written notice provided ~V the effected e~oloyer. The notice ,~hould clearly ¢,~vlain the conditions.~r which the q~qcted ~mployer is ,eeking an exe~vtion_&om the req~tirements q{ the CTR pro,am. Kits~v Transit shah review annually all e~nlqvers receiving exenL~tions and shall determh~e whether the exemption will be in effect during the following pro,am year. (2) Exe~tion fi)r E~ployees U~ing ~hicles ~r Work. An q~ected employer mqV submit a request to Kitsap Transit to exempt ~ec¢ic e~loyees that mz~t use their own vehicles during thg work d~.tbr work puE~oses. ~e employer shall provide documentation indicating how many e~v/qvees meet this condition and must demons~ate that no reasonable alternative commute mode exists fi~r these emplqvees, U~der this condition, the applicable CTR Goals will not be modified but those empl~vee.y who need daily acces8 ti? the vehicles they drive to work will not be inchtded in the calculations qf proportion Rf SOV commute trips and VMT per employee ~t, ed to determine the employer's pro?tess toward meeting its CTR Prog'ra~n Goals. 3. Exemption for V~triable Sh~ft Employees. An effected employer mt~' submit a request to Kitsap D'ansit to exenL~t ,?ec~c e~ployees who work variable sh~s throughout the year clnd who do not rotate as a ?'oz(o to identical sh~fis. Kitsap D'ansit will use the criteria ident~ed in the CTR Task Force Guidelines to assess the validi~ qf e~ph2yee exemption request. Kitsap Transit shall review annually all employee exemption requests, and jhall determine whether the exemption will be in ~ect during the~;llowin~ program year. 10.40.080 CTR ZONE, BASE YEAR VALUES AND GOALS. (a) CTR Zone and Values. The City of Bremerton authorizes the Board of Commissioners of Kitsap Transit to, by resolution, establish the CTR Zone(s) boundaries, and the base year values for SOV rate and VMT per employee within the CTR Zone(s). This resolution shall be passed by January 31, 1993. (b) Percentage Reductions of SOV's and VMT Per Employee. The CTR Goals for an affected employer's CTR Program shall be a reduction in the proportion of SOV commute trips and VMT per employee by: 1. 15% by 1995; 2. 25% by 1997; and 3. 35% by 1999 from the base year values of the CTK Zone in which the affected employer is located. The methods used to determine an affected employer's SOV rate and VMT per employee shall be consistent with the CTR Task Force Guidelines (RCW 70.94.537). (b) Percemage Reductions Of ,~OV's and VMT Per Employee. 77~e CTR Goals for an effected employer's CTR Pro?am shall be a reduction in the proportion qf SOV cotnmute trips and VMT per employee by: I. 15% by 1995: ? 20% by 1997; 3. 25% by 1999: co?d 4. 35% hv2005 .fi'om the base yetrr values cf the CTR Zone in which the affected employer is located. The methodt used to determine an q_/fected employer's SO V rate and V3,1T per employee shall be consistent with the CTR Task Force Guidelines t'RCW 70.9-t. 537). (c) Modification of CTR Program Goals. An affected employer may request from Kitsap Transit a modification of the CTR Goals. Grounds for granting modification are limited to the following: (1) Worksite Next To Another CTR ZONE. An affected employer demonstrates that its worksite is contiguous with a CTR Zone boundary and that the worksite conditions affecting alternative commute options are similar to those for employers in the adjoining CTR Zone. Under this condition, the employer's worksite may be subject to the same CTR Goals for VMT per employee and proportion of SOV commute trips as employers in the adjoining CTR Zone. (2) Lack of Alternative Commute Modes. An affected employer demonstrates that opportunities for alternative commute modes do not exist due to factors related to the worksite, its work force, or characteristics of the business that are beyond the employer's control. (3) Employees Use Vehicles At Work. An affected employer can demonstrate that it requires significant numbers of its employees to use the vehicles they drive to work during the work day for work purposes. The employer shall provide documentation indicating how many employees meet this condition and must demonstrate that no reasonable alternative commute mode exists for these employees. Under this condition, the applicable CTR Goals will not be modified but those employees who need daily access to the vehicles they drive to work will not be included in the calculations of proportion of SOV commute trips and VMT per employee used to determine the employer's progress toward meeting its CTR Program Goals. ~c) .~,'[od~fic~ttion qf CTR Program Goal. s'. .4n q~ected employer mcO, request that Kitxap Transit mod~.' the employer's CTR goals'. Such request shall be.filed in ***'iting at least 60 day's prior to the date the work~'ite i$ required to Sub.tit its pro.gwam description and ~mnua[ report. The goal modification request taus! clearly exphffn why the work~ite i.s' unable to achieve the applicable goal. The worksite rnu. xt also demonstrate that it has implemented all the elements contained in its approved CTR program, kStsap Transit ;,,ill review and grant or den.,, requests for goal modifications in accorda,ce with procedures and criteria hte,t(fied in the CTR Ta,yk Force Guidelines. An employer may not request a modification 2f the a.~olicable goal~ until one year qfier Kitsap Tran,~it has approved the employers initial prog-ram description or cmmtal report. 10.40.090 CREDIT FOR COMMUTE TRIP REDUCTION EFFORTS. (a) Credit for Pro,ams Implemented Prior to the Base Year. Employers with successful Transportation Demand Management (TDM) programs implemented prior to the 1992 base year, may be eligible to receive a special one- time CTR program exemption credit, which exempts them from most CTR program requirements. Affected employers wishing to receive this credit must apply to Kitsap Transit within ninety, (90) days of the adoption of this Ordinance. Application shall include data from a survey of employees or equivalent to establish the applicant's VMT per employee and proportion of SOV commute trips. The survey or equivalent data shall conform to all applicable standards established in the State CTR Guidelines. An affected employer shall be considered to have met the 1995 CTR Goals if their VMT per employee and proportion of SOV commute trips are equivalent to a twelve (12) percent or greater reduction from the base year CTR Zone values. These three (3) percentage point credits apply only to the 1995 CTR Goals. (b) Process to Apply for CTR Program Exemption Credit. Affected employers may apply for program exemption credit for the results of past or current CTR efforts by applying to Kitsap Transit in their initial CTR Pro,am description or as part of any other annual CTR progress report. Application shall include results from a survey of employees, or equivalent information that establishes the applicant's VMT per employee and proportion of SOV commute trips. The survey or equivalent information shall conform to all applicable standards established in Section 7 (Survey Guidelines) of the CTR Task Force Guidelines. Employers that apply for program exemption credit and whose 'v~IT per employee and proportion of SOV commute trips are equal to or less than the CTR Goals for one or more future goal years, and commit in writing to continue their current level of effort, shall be exempt from the requirements of this chapter except for the requirements to report performance in 1995, 1997, and 1999. If any of these reports indicate the employer does not satisfy the next applicable CTR Goal(s), the employer shall immediately become subject to all requirements of this chapter. (c) Notice of Leadership Certificate. As public recognition for their efforts, affected employers who meet or exceed the CTR Goals as set forth in 10.40.086(b) of this chapter, will receive a Commute Trip Reduction Certificate of Leadership from the City. ofBremerton. A notice of this Certificate of Leadership shall be published in the official newspaper. 10.40.100 CTR PROGR.MM REVIEW AND ANNUAL REPORTS. (a) CTR Program Review. (1) Approval. Kitsap Transit shall provide the employer with written notification if the employer's CTR Program is deemed acceptable. Such notification shall be by certified mail or delivery, return receipt, addressed to the employer's Employee Transportation Coordinator. If the employer receives no written notification of extension of the review period or comment on the CTR Program within forty-five (45) days of submission, the employer's CTR Program shall be deemed approved. Kitsap Transit may extend the review period up to ninety (90) days. The implementation date for the employer's CTR program will be extended an equivalent number of days. (2) Conditional Approval. Kitsap Transit may determine that an employer's CTR Program is approved on the condition that certain aspects of the Program be modified. In this case, Kitsap Transit shall notify, the affected employer of the required modifications. Such notification shall be by certified mail or delivery., return receipt, addressed to the affected employer's Employee Transportation Coordinator. Affected employers will be given thirty. (30) days from the date of such notice to submit a revised CTR Program. Kitsap Transit shall have thirty (30) days from the date the revised CTR Program was received to accept or reject the revised CTR Program. (3) Rejection. Kitsap D'ansit shall provide the employ'er with ~,,'itten notification !f the employer's CTR Pro?am i,~ deemed unacceptable and therefore, rejected. Such notification ,,,hall be ~v certified mail or delb,'ery, return receipt, addressed to the q.f-fected employer's Ernployee D'anxportation Coordinator ,,'ithin for~'-five ~4~) da3_~s of the CTR Progwam submittal date. The letter s.r)ec~, the cmtxeFsJ for the rejection. Kit~ap Transit will schedule a meeting with the qffected ernployer within t3,,en~_ ,-one r21) da3. ,s o. f the date of notice. Ourin~ the meeting. Kitsa_v Transit ,rill provide technical ax. sistrmce to the rt_ffected em_oloyer. The affected em.t)loycr will be ~iven third_, ~$0) days. .from the date Of the meeting to o'ul2mit a revised CTR Pro?am. Kitsap Tran,~it shall have third.' (30) da3.,s to accept or reject the revised CTR Pro?am (b) CTR Annual Progress Reports. Kitsap Transit shall establish the affected employer's annual reporting date upon review of the employer's initial CTR Program. The reporting date shall not be less than twelve (12) months from the date the employer's CTR Program was approved. Each year on the employer's reporting date, the employer shall submit to Kitsap Transit its annual CTR Program progress report. Kitsap Transit shall provide and the affected employer shall use a standard annual report form. 10.40.110 EXTENTIONS. An affected employer may request from Kitsap Transit additional time to submit a CTR pro,am, or CTR annual progress report, or to implement or modify, a CTR Program. Such requests shall be made in writing and delivered by certified mail to Kitsap Transit no less than thirty (30) days before the due date for which the extension is being requested. Extensions not to exceed ninety. (90) days may be considered for reasonable cause. Kitsap Transit shall grant or deny the employer's extension request by certified letter, return receipt within fifteen (15) days of receiving the request. If there is no response issued to the employer, an extension is automatically granted for thirty. (30) days. Extensions shall not exempt an employer from any responsibility in meeting the CTR Goals. Extensions granted due to .delays or difficulties with any CTR Program element(s) shall not be cause for discontinuing or failing to implement other program elements. An employer's annual reporting date shall not be adjusted permanently as a result of these extensions. An employer's annual reporting date-may be extended at the discretion of Kitsap Transit. 10.40.120 ENFORCEM2ENT. fa) Compliance. Except as otherwise provided in this chapter, compliance shall mean fully implementing all provisions in an accepted CTR Program and satisfying the requirements of this chapter. (b) Required CTR Program Modifications. Kitsap Transit shall use the following criteria in determining whether an affected employer shall be required to make modifications to its CTR Program: (1) Achieves Both CTR Goals. If an affected employer achieves both the SOV and VMT Goals for the current goal year, the employer has satisfied the objectives of this chapter and will not be required to modify its 'CTR Program. (2) Achieves One CTR Goal. If an affected employer achieves one of the CTR Goals for the current goal year, Kitsap Transit may recommend program modifications, but in reco~maition of the employer's successful efforts in achieving one of the Goals, Kitsap Transit will not require the employer to modify its CTR Program. (3) Fails To Achieve Any CTR Goals. If an employer fails to meet both the SOV and VMT Goals for the current goal year, Kitsap Transit shall propose modifications to the employer's CTR Program and direct the employer to revise its CTR Program. The employer shall submit a revised CTR Program, including the proposed modifications or equivalent measure(s), within thirty (30) days of receiving notice to modify its CTR Program. Kitsap Transit shall review the revised CTR Pro,am and notify the employer's Employee Transportation Coordinator within thirty, (30) days, by certified mail, of acceptance or rejection of the revised program. If a revised program is not acceptable, Kitsap Transit shall require the employer to attend a conference with pro,am review staff for the purpose of reaching a consensus on the required CTR Program. A final decision on the required CTR Program will be issued in writing by Kitsap Transit within fifteen (15) days of the conference. ?b) Required CTR Pro?om Modifications. Kitsap Transit .,~hall t~e thc .following criteria in determinin~ whether cra q_ffected qmployer 4'hall be required w make modification.,, to its CTR Pro?am: /1) .4chieves Either or Both Goals. an employer makes a good faith effort, as defined in this chapter and in RCW 70.94._s3I, and meets either or both the applicable SOV or VMT goal. the employer has satisfied the objectives of the CTR plan and will not ~e required tO mod~_~ its CTR prog'ram. /2) Fails to Achieve Either Goals. i. With Good Faith ~_[fort - [_fan employer makes a good faith ~_lfort. as defined in this chapter a-nd in RCW 70. 94.531, but not met or i,y not likely to meet the a.~vlicabla SO[ or P'MT goal, Kitsap Transit shall work collaborativel3, with the employer to make modifications to its CTR .nrog-ram. ,4fret agreeing on mod~tJcations, the employer ~hall submit a revised CTR .pr,9_.o-ra~n description to Kitsap Transit for approval within 30 days of reaching an a?eement. ii. Without Good Faith E...ff. ort - an employer fails to make a lood faith e.~)rt, as defined in this chapter rind in RCW 70.94.5,~ l, and fails to meet either the applicable SO[' or Iq'vlT reduction goal, Kitsap Transit ~yhatl work collaboratively with the employer to ident~, mod(fications to the CTR .~ro,_o-ram and shall db'ect the employer to revise its I~ro.?am within ,~0 d~. s to incorporate the modifications. [n response to the recomntended modifications, the emph4ver shall submit a revised CTR pro.gram description, including the requested modi. fication,~ or equivrdenl measures, within 30 days of receiving written notice to revise its program. Kit:iap Transit shall review the revisions and north, the employer of acceptance or rejection of the revised pro?'am. [fa revised pro.gram is not accepted. Kitsap Transit will ~end written notice to that effect to the' employer within 30 day's and, [f necessau,, require the emplo.ver to attend a conference with proFam review staff for the purpose (~f reach#~g a consensu.~' on the rcquired_orogram. A final d~ci~ion on the reqzdred pro?am will be issued in writin.~, by [,,~tsap Transit within ten Working days q£ the conference (c) Violations. The following constitute violations of this chapter: (1) Failure to develop anc[/or submit a complete CTR Program by the applicable deadlines as stated in this chapter. (2) Failure to implement an approved CTR Program by the applicable deadlines as stated in this chapter. (3) Failure to modify an unacceptable CTR Program by the applicable deadlines as stated in this chapter. (4) Failure of an affected employer to identify itself to Kitsap Transit within ninety (90) days of the effective date of this chapter. (5) Failure of a newly affected employer to identify itself to Kitsap Transit within ninety (90) days of becoming an affected employer. (6) Failure to submit on time an annual CTR Program Progress Report to Kitsap Transit. (7) Failure to maintain agreed upon CTR Program records. (8) intentionally submitting false information, data and or survey results. t'9) Failure to tnake a .good faith e.~orr, a,y defined in this chapter and in RCW 70. 94. 531. (d) Penalties. (l) Class I Civil Infraction. Any affected employer violating any provision of this chapter shall be liable for a Class I Civil Infraction, and subject to civil penalties pursuant to RCW 7.80.120. (2) Separate Offenses. Such affected employer shall be liable for a separate offense for each and every day during any portion of which any violation of this chapter is committed or continued and shall be subject to civil penalties as herein provided; and (3) Failure due to Union. An employer shall not be liable for civil penaltie~ if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers shall be presumed to act in good faith compliance if they: i. propose to a recognized union any provision of the employer's CTK program that is subject to bargaining as defined by the National Labor Relations Act; and ii. advise the union of the existence of the Washington State CTR Law, this chapter, and the mandates of the CTR program approved by Kitsap Transit and advise the union that the proposal being made is necessary for compliance with this chapter and state law (RCW 70.94.531). (4) Not [,iable. :Va a~¢¢ted enLoloyer with an appro~,ed CTR program may be hem liable Jbr failure tO reach the applicable SO [' or VMT goa&. (e) Adjudicative Procedure. (1) Service of the Notice of Infraction. An adjudicative procedure under this chapter is commenced by the issuance of a Notice of Civil Infraction. Service of a Notice of Civil Infraction shall be by either personal service or by certified mail, return receipt requested. (2) Contents of the Notice of Civil Infraction. The Notice of Civil Infraction shall contain the following: i. A statement that the notice represents a determination that a civil infraction has been committed by the affected employer or newly-affected employer named in the notice and that the determination is final unless contested as provided in this chapter. ii. A statement that a civil infraction is a non-criminal offense for which imprisonment may not be imposed as a sanction. iii. A statement identifying the 'party issued the Notice of Civil Infraction. iv. A statement of the specific civil infraction for which the notice was issued. v. A statement of the monetary penalty established for the civil infraction. vi. A statement identifying the procedure to contest the Notice of Civil Infraction. vii. A statement that a party must respond to a Notice of Civil Infraction within 15 days of the date the Notice of Civil Infraction was received. viii. A statement that failure to respond to the Notice of Civil Infraction as directed in this chapter will result in a default jud~m'nent for the identified monetary penalty being entered against the party, named in the Notice of Civil Infraction. (3) Failure to Respond. A Notice of Civil Infraction represents a determination that a Civil Infraction has been committed. The determination is final unless contested as provided in this chapter. (4) Hearing on a Civil Infraction. i. An affected employer or newly- affected employer issued a Notice of Civil Infraction,may request a hearing on the infraction by submitting a written request for a hearing to the Presiding Officer not later than fifteen (15) days from the date the Notice of Civil Infraction was received. ii. The Presiding Officer shall set a meeting between the affected employer or newly-affected employer and the Presiding Officer not later than fifteen (15) days after the notice requesting a hearing is mailed. At such meeting, the affected employer or newly- affected employer will explain its view of the alleged Infraction and the Presiding Officer will explain Kitsap Transit's view of the matter. iii. If the affected employer or newly-affected employer to whom a Notice of Civil Infraction is issued is found to have committed the infraction, the Presiding Officer shall, within ten (10) days, serve upon the affected employer a written determination of the reason(s) for the decision and information about appeal procedures. iv. The written findings of the Presiding Officer shall be considered an initial order. If the affected employer does not appeal as provided for in this chapter, the initial order shall become the final order. (1) Venue. The affected employer shall select to appeal the initial order of the Presiding Officer in either the City, of Bremerton District Court or through the administrative process set forth in Section 10.40.130(3) of this chapter. (2) Time. An appeal of a determination that an affected employer or newly-affected employer committed a civil infraction under this chapter shall be commenced by filing a written notice of appeal within thirty. (30) days of the issuance of the Presiding Officer's written findings. (3) Administrative Process. i. Kitsap Transit shall hire and pay for a hearing examiner for the sole purpose of hearing appeals brought pursuant to this chapter. ii. Appeals shall be heard within sixty (60) days of the date the notice of appeal is received by the Presiding Officer, however no appeal shall be set less than fifteen (15) days after notice of the date for the appeal is mailed by certified mail, return receipt requested, to the parflj seeking review. iii. The Hearing Examiner will evaluate employers' appeals of administrative decisions by determining if the decisions were consistent with this chapter, the Washin~on State CTR Law and the CTR Task Force Guidelines. Appeals may be granted by the CTR Hearing Examiner if the employer can show the violations for which the penalties were imposed occurred for the reasons beyond the control of the employer, or the penalties were imposed for the failure of the employer te revise its CTR Program as directed by Kitsap Transit and the employer can demonstrate that measures Kitsap Transit directed the employer to incorporate in its CTR Program are unlikely to reduce the proportion of SOV commute trips and/or VMT per employee. iv. The decision of the hearing examiner shall be a final administrative decision in the matter. 10.40.130 APPEALS. (a) Hearing an Appeal AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: May 19, 1999 Ordinance Number , relating to ORIGINATING DEPT: use of the right of way. ORIGINATOR: Ordinance Number , relating to DATE SUBMITTED: setting fees for Right-of-Way Use permits. PW&U Engineering Div. Randy WAtt, City Enmneer May 11, 1999 (BMC 11.02, 11.12 and 17.24) ~., .,.' ! ,,~ 2. CLEARANCES: (comment on back_~j~,~,,,~',,,~ 3. EXItlBITS Director, Public Works/Utilities ~/~~t~ -.,..~ 1. Ordinance , Right of Way Use City Attorney :'x.~ ~_~~~.~<./_x---and its summary. City Treasurer .--~_~. _-' .~ 2. Ordinance , Setting Fees and City Clerk .¥x.~¢,. C9_z.~ Charges for ~--~t-of-Way Use Permits. Heard at City Council Study Session of May 3, 1999. i 3. Stanmary of the major features of the Right- of-Way Use Ordinance. ENDORSEMENT K[ WORMATION APPROVED BY COUNCIL PRE/~.,.~)ENT,,~j~tMITTAL: MAYOR :~.~ ..,.,7· ZS~-, ~ COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: City staff have prepared a new Right-of-Way Use Ordinance that combines, simplifies and addresses conflicts in three existing chapters of the Bremerton Municipal Codes that currently regulate use of the fight-of-way. The new Right-of-Way Use Ordinance repeals existing BMC Chapters 11.02, Standard Specifications for Public Works, 11.12, Breaking Pavement, and 11.24, Construction on Public Property; and replaces them with a new Chapter 11.02, Right-of-Way Use, and provides a new name for Title 11, Streets and Rights-of-Way. A Summary. Ordinance for publication and an ordinance establishing fees and charges for the new Right-of-Way Use Permits have also been prepared. Attached is a summary of the major features of the Right-of-Way Use Ordinance. Staff recommends passage of the ordinances. 8. RECOMMENDATION: A. 1) Motion to approve Ordinance Number upon first reading. 2) Motion to approve ordinance Number Use Permits upon first reading. , and its summary related to use of the right-of-was.. ., related to setting fees and charges for Right-of-Way B. 1) Motion to pass Ordinance Number second reading. 2) Motion to pass Ordinance Number Permits upon second reading. , and its summary related to use of the right of way, upon , related to setting fees and charges for Right-of-Way Use 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIKA. TION DATE: REVIEW DATE: Ciw Engineer N/A PULLED COUNCIL DIRECTIVE TABLED 10. NOTICE OFACTION I 0~ APPROVED DISAPPROVED DATE: 11. AGENDA BILL NO:q{~" O 83 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: City staff will continue to process Right-of-Way Use Permits using the existing ordinances. The confusion in the existing process and inefficiencies created by use of that process will continue. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: No chzmge. 7. RESEARCH SOURCES 99142 SUMMARY OF ORDINANCE NO. AN ORDINANCE relating to the uses of the Right-of-Way and repealing Chapter 11.02 of the Bremerton Municipal Code and replacing it with a new chapter entitled Right-of-Way Use and repealing Chapters 11.12 and 17.24 of the Bremerton Municipal Code in their entirety and changing the name of Title 11 of the Bremerton Municipal Code to read Streets and Rights-of-Way. Section 1. Repeal and Replace. Bremerton Municipal Code Chapter 11.02 Standard Specifications for Public Works is hereby repealed in its entirety and replaced with the following: Chapter 11.02 RIGHT-OF-WAY USE Chapter 11.02, Right-of-Way Use, contains the following sections in its entirety; Purpose, Territorial application, Construction - Intent, Definitions, Powers of the Director, Permit required, Additional permits, Right-of-way use permits, Applications and processing of permits, Renewal of permits, Permit exception, Permit fees and charges, Specifications, Notice of intent to start work, Inspections, Completion of work, Shared use of excavations, Underground utility location required, Warning and safety devices, Temporary parking restriction notification, Materials testing, Performance and warranty deposits, Insurance, Hold harmless, Correction and discontinuance of unsafe, nonconforming, or unauthorized conditions, Debris and spilled loads in the right-of-way, Nuisance in the right-of-way, Revocation of permits, Stop Work Orders, Adoption of policies, Appeals, and Violation - Penalty. Section 2. Repeal. Bremerton Municipal Code Chapter 11.12 Breaking Pavement is hereby repealed in its entirety. Section 3. Repeal. Bremerton Municipal Code Chapter 17.24 Construction on Public Property is hereby repealed in its entirety. Section 4. Repeal and replace. The name of the Bremerton Municipal Code Title 11 Streets and Sidewalks is hereby repealed in its entirety and replaced with the name Streets and Rights-of-Way to more accurately reflect the content of this Title. Section 5. Effective date. The ordinance shall become effective ten days after passage and publication. SUMMARY OF RIGHT OF WAY USE ORDINANCE Page 1 Approved by the City Council of the City of Bremerton this ~ day of 1999, and Passed by the City Council of the City of Bremerton this __ ,1999. day of The full text of this ordinance is available in the office of the City Clerk, 239 Fourth Street, Bremerton, Washington 98337. SUMMARY OF RIGHT OF WAY USE ORDINANCE Page 2 ORDINANCE NO. AN ORDINANCE relating to the uses of the Right-of-Way and repealing Chapter 11.02 of the Bremerton Municipal Code and replacing it with a new chapter entitled Right-of-Way Use and repealing Chapters 11.12 and 17.24 of the Bremerton Municipal Code in their entirety and changing the name of Title 11 of the Bremerton Municipal Code to read Streets and Rights-of-Way. Whereas, Bremerton has several existing ordinances regarding regulation of the right- of-way, and; Whereas, a comprehensive Right-of-Way Use ordinance which consolidates and updates existing ordinances is desirable; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Repeal and Replace. Bremerton Municipal Code Chapter 11.02 Standard Specifications for Public Works is hereby repealed in its entirety and replaced with the following: Chapter 11.02 RIGHT-OF-WAY USE Sections: 11.02.010 11.02.020 11.02.030 11.02.040 11.02.050 11.02.060 11.02.070 11.02.080 11.02.090 11.02.100 11.02.110 11.02.120 11.02.130 11.02.140 11.02.150 11.02.160 11.02.170 11.02.180 11.02.190 11.02.200 Purpose. Territorial application. Construction - Intent. Definitions. Powers of the Director. Permit required. Additional permits. Right-of-way use permits. Applications and processing of permits. Renewal of permits. Permit exception. Permit fees and charges. Specifications. Notice of intent to start work. Inspections. Completion of work. Shared use of excavations. Underground utility location required. Warning and safety devices. Temporary parking restriction notification RIGHT OF WAY USE ORDINANCE Page 1 1.02.210 1.02.220 1.02.230 1.02.240 1.02.250 11.02.260 11.02.270 11.02.280 11.02.290 11.02.300 11.02.310 11.02.320 Materials testing. Performance and warranty deposits. Insurance. Hold harmless. Correction and discontinuance of unsafe, nonconforming, or unauthorized conditions. Debris and spilled loads in the right-of-way. Nuisance in the right-of-way Revocation of permits. Stop Work Orders Adoption of policies. Appeals. Violation - Penalty. 11.02.010 Purpose. It is the purpose of this chapter to provide for the issuance of right-of-way use permits in order to regulate activities within the rights-of-way in the City of Bremerton in the interest of public health, safety and welfare; and to provide for the fees, charges, performance and warranty deposits, warranties, and procedures required to administer the permit process. 11.02.020 Territorial application. This chapter and the procedures adopted hereunder shall be in effect throughout the City of Bremerton. 11.02.030 Construction - Intent. A. This chapter is enacted to protect and preserve the public health, safety and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes. B. It is expressly the purpose of this chapter and any procedures adopted hereunder to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter or any procedures adopted hereunder. C. It is the specific intent of this chapter and any procedures adopted hereunder to place the obligation of complying with the requirements of this chapter upon the permittee, and no provision is intended to impose any duty upon the City of Bremerton, or any of its officers, employees or agents. Nothing contained in this chapter or any procedures adopted hereunder is intended to be or shall be construed to create or form the basis for liability on the part of the City of Bremerton, or its officers, employees or agents, for any injury or damage resulting from the failure of the permittee to comply with the provisions hereof, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter or any procedures adopted hereunder by the City of Bremerton, its officers, employees or agents. RIGHT OF WAY USE ORDINANCE Page 2 11.02.040 Definitions. The following words and phrases when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: A. "Citation and notice" means a written document initiating a proceeding pursuant to Chapter 1.12 BMC. B. "City inspector" means the designated employee(s) of the Department assigned to inspecting the permitted work. C. "City" means the City of Bremerton, Washington. D. "Complaint" means a written document initiating a procedure pursuant to Chapter 1.12 BMC. E. "Department" means the Public Works and Utilities Department or other Department designated by the Mayor. F. "Director" means the Director of Public Works and Utilities or his/her designated representative. (3. "Emergency" means a condition of imminent danger to the health, safety, and welfare of property or persons located within the City including, but not limited to, damage to persons or property from natural or manmade consequences, such as storms, earthquakes, riots or wars. H. "Enforcement Officer" means the Director or his/her designated representative. I. "Engineering Division" means the Engineering Division of the Department. J. "Franchised utilities" means utilities that have City approval to use City rights-of-way for the purpose of providing their services within or beyond the City, whether by written franchise granted by the City, State tariff or other similar City authoriaztion. K. "Notice of violation" means a document mailed to a permittee or unauthorized user and posted at the site of a nonconforming or unsafe condition. L. "Oral directive" means a directive given orally by City personnel designated by the Director to correct or discontinue a specific condition. M. "Permit" means a document issued by the City granting permission to engage in an activity not allowed without a permit. N. "Permit Center" means the location for applying for permits. O. "Permittee" means the person so designated on the permit application, or designee. P. "Person" means and includes corporations, companies, associations, joint stock RIGHT OF WAY USE ORDINANCE Page 3 companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers. Q. "Private use" means use of the public right-of-way for the benefit of a person, partnership, group, organization, company, or corporation, other than as a thoroughfare for any type of vehicles, pedestrians or equestrians. R. "Policy" means a policy adopted by the Director to implement this chapter, or to carry out other responsibilities as may be required by this chapter or by other codes, ordinances, or resolutions of the City or other agencies. S. "Revocation" means the cancellation of a permit. T. "Right-of-way" means all public streets and property granted or reserved for, or dedicated to, public use for street purposes, together with public property granted or reserved for, or dedicated to, public use for walkways, sidewalks, bikeways, parking, and horse trails, whether improved or unimproved, including the air rights, sub-surface rights and easements related thereto. U. "Stop work order" means an oral directive or a wdtten notice posted at the site of activity that requires all work to be stopped until the City approves continuation of work. V. "Suspension" means the temporary stay of a permit. W. "Underground location service" means the underground utilities location center that will locate all underground utilities prior to an excavation. X. "Unsafe condition" means any condition which the Director determines is a hazard to health, or endangers 'the safe use of the right-of-way by the public, or does or may impair or impede the operation or functioning of any portion of the right-of-way, or which may cause damage thereto. 11.02.050 Powers of the Director. The Director shall have the power to: A. Administer the provisions of this chapter including but not limited to interpreting the chapter and issuing rules and procedures necessary for its administration. B. Issue permits relating to use of the rights-of-way in accordance with this chapter. C. Administer and coordinate the enforcement of this chapter and all policies adopted hereunder relating to the use of rights-of-way. D. Advise the City Council, Mayor and other City Departments on matters relating to use of the rights-of-way. E. Carry out such other responsibilities as required by this chapter or other codes, RIGHT OF WAY USE ORDINANCE Page 4 ordinances, policies or procedures of the City. F. Adjust the amount of fees required by this chapter to be proportional to any increased scope of work for which the permit is required. G. Request the assistance of other City Departments to administer and enforce this chapter. H. Assign the responsibility for interpretation, application and enforcement of specified procedures to Department staff. '11.02.060 Permit recluired. A. It is unlawful for anyone to make private use of any public right-of-way without first having obtained a right-of-way use permit issued by the City or to use any right-of-way without complying with all the provisions of such right-of-way use permit issued by the City. B. The City does not waive its right to use the right-of-way by issuance of any permit. 11.02.070 Additional permits. Additional permits for any use of the right-of-way may be required by other City codes. 11.02.080 Right-of-way use permits. The following types of right-of-way use permits are established: A. Type A- Short-Term Use. 1. Type A permits may be issued for use of right-of-way for up to four weeks for purposes which do not involve the physical disturbance of the right-of-way. 2. This type of use may involve disruption of pedestrian and vehicular traffic and may require inspections, cleanup and traffic control. For periods longer than four weeks these uses will be considered Type C, long-term use. 3. Type A permits include but are not limited to the following: a. Temporary street and sidewalk closures. b. Temporary blockage of streets and sidewalks, for uses such as dumpsters and scaffolding. B. Type B- Disturbance of the Right-of-Way. 1. Type B permits may be issued for activities that alter the appearance of or disturb the surface, sub-surface of the right-of-way on a temporary or permanent basis. Type B permits are also required for the initial construction of improvements within rights-of-way and private streets required to conform to City standards. Type B RIGHT OF WAY USE ORDINANCE Page 5 permits may be issued for up to 120 days. 2. Type B permits include but are not limited to construction activities associated with; a. Boring, jacking or pushing; b. Construction adjacent to the right-of-way that may physically impact the right-of- way; c. Culverts; d. Curb cuts, handicap ramps and driveway approaches; e. Curbs, gutters and sidewalks; f. Drainage facilities; g. Installation of landscaping; h. Painting; i. Paving; j. Street trenching; k. Utility installation. C. Type C- Long-Term Use. 1. Type C permits may be issued for right-of-way use for activities for extended periods of time which will not further physically disturb the right-of-way once in place. This may include structures, facilities, and uses that involve capital expenditures and a long-term commitment of use. Type C permits may be issued for a term of up to five years. 2. A Type B permit may be required for construction activities in conjunction with the Type C use. 3. Type C permits include but are not limited to: a. Accessory business activity such as: parking, displays, and signage; b. Air rights; c. Bus shelters/stops; d. Construction site/haul roads; e. Fences; RIGHT OF WAY USE ORDINANCE Page 6 f. Recycle receptacles, dumpsters and facilities; g. Special and unique structures such as; fountains, clocks, flagpoles, benches, kiosks, banners, street furniture, decorations etc.; h. Underground rights; i. Utility facilities; j. Waste facilities. Utility facilities placed in the right-of-way under the authority of a franchised utility as defined in this chapter are exempt from the requirement to obtain a Type C permit. 5. Type A uses that exceed four weeks duration will be treated as Type C uses. o Upon termination of a Type C permit, for which the permittee does not obtain a new permit, any improvements constructed in the right-of-way must be improved by the permittee and the area restored to its original condition or better. D. Type D-Franchised Utility Routine Maintenance Permit. Type D permits may be issued for franchised utilities as defined in this chapter to perform routine maintenance on existing overhead lines and for entry into existing underground facilities. The permit will be valid for this work within the city boundaries. Type D permits may be issued for up to one year. 2. Type D permits will not involve disturbance of the right-of-way. Type D permits may be revoked if the permittee does not adequately and consistently comply with the permit conditions or requirements of this chapter. In the event that the Type D permit is revoked, the permittee must obtain a Type A permit for each work site. E. Assignment of permit. Permits can not be assigned or transferred, subleased or used for any purpose not specified in the permit without prior written permission of the City. Any attempt to assign or transfer an interest in a permit shall be cause for immediate termination. 11.02.090 Applications and processing of permits. A. To obtain a right-of-way use permit the applicant shall file an application with the Department. B. Every application shall include the following information appropriate to the proposed use: 1. A scale drawing showing the location of the proposed right of way use, the location RIGHT OF WAY USE ORDINANCE Page 7 of the existing and proposed improvements, surface features such as curbs and gutters, underground features such as the location of utilities, and the limits of the work area; 2. A description of the use; 3. The planned duration of the use; 4. Applicant contact information; 5. All other information which may be required as specified in policies adopted hereunder; 6. An estimate of construction costs; and 7. Payment of the required fees. C. The Director shall examine each application submitted for review and approval to determine if adequate information is provided and if it complies with the applicable provisions of this chapter and procedures adopted hereunder. Other departments that have authority over the proposed use activity will review and recommend approval or disapproval of the application. If the Director finds that the application conforms to the requirements of this chapter, he may approve the permit, and may impose such conditions thereon as are reasonably necessary to protect the public health, welfare and safety, to mitigate any impacts resulting from the use and to coordinate activities or address potential conflicts with future improvements in the area. D. All applications for permits must be submitted 10 working days or more prior to the start of work or as required to obtain other City permits. E. Upon submittal of a completed application the applicant shall provide the application fee per the fee schedule adopted by the City. Permittees who have an approved monthly billing status shall be billed accordingly. 11.02.100 Renewal of permits. Each Type A and Type B permit shall be of the duration specified on the permit and may be renewed without payment of an additional fee for up to the length of the original permit, at the discretion of the Director. If continued use of the right-of-way is desired by the permittee after expiration of a renewed permit, he/she must apply for a new permit. Type C and D permits can not be renewed and the permittee must apply for and receive a new permit prior to expiration or remove the permitted improvements. 11.02.110 Permit exception. A. A right-of-way use permit shall not be required of franchised utilities when responding to emergencies that require disturbance of the right-of-way typical of a Type B permit provided, that the Department shall be notified by the responding utility or contractor RIGHT OF WAY USE ORDINANCE Page 8 verbally or in writing, as soon as practicable following onset of an emergency. Nothing herein shall relieve a responding utility or contractor from the requirement to apply for a right-of-way use permit as provided in this chapter within 48 hours after beginning emergency work in the right-of-way. B. Permits shall not be required for routine maintenance and construction work performed by the City. C. Permits are not required for City Public Works and Utility Department construction projects. D. Permits are not required for the ordinary maintenance of landscaping in the right-of- way. Blockage of the right-of-way associated with ordinary maintenance of landscaping requires the appropriate permit. 11.02.120 Permit fees and charges. A. The fee for each permit shall be set forth in a fee schedule to be adopted by the City Council. Fees and charges adopted pursuant to this section may be increased or decreased by the Council on the Mayor's recommendation in accordance with changes in the costs incurred by the City. B. Fees and charges. 1. Type A, Short-Term Use Permit. Fees for Type A permits shall be established for the following categories: a. Regular. A fee shall be charged for each regular Type A Permit accepted for processing. This fee shall cover the administrative cost of the permit. 2. Type B, Disturbance of Right-of-Way Permit. Fees for Type B Permits shall be established for the following categories: a. Sidewalk repairs. Repair of existing sidewalks, not associated with other development activity. Driveway approach, transverse street patches and spot patches, A driveway approach, transverse street patch or spot patches or other localized work activities not exceeding more than 250 square feet of disturbed area. Longitudinal street patches and new curb and sidewalk installation. Longitudinal street patch or construction of new curb gutter and sidewalk on one side of a street, street lighting, or other work activities which generally progress longitudinally down a street. d. New street construction. Construction of a new street, extension of an existing RIGHT OF WAY USE ORDINANCE Page 9 street, construction of a private street, frontage improvements on an existing street and construction of a new pavement surface. e. Water and sewer mains and laterals. Water and sewer mains and laterals permitted in accordance with Chapter 15. The Director will assign Type B permit work to the most appropriate category, or will establish a fixed fee or charge for City costs at an hourly rate for special work not covered in these categories. 3. Type C, Long Term Use Permit. Fees for Type C Long Term Use Permits shall include the following categories: a. Application and processing. A non-refundable application and processing fee will be charged for each Type C Permit application accepted for processing. b. Use Fee. A use fee will be established which incorporates the value of the land used and the length of the use. c. The Director may modify or wave fees for Type C permits for government agencies or improvements which provide a benefit to the City. 4. Type D, Franchised Utility Routine Maintenance Permit. a. Regular. A fee shall be charged for each regular Type D Permit accepted for processing. This fee shall cover the administrative cost of the permit. 5. Plan Reviews. A fee will be established for reviewing plans for the construction of improvements of the right-of-way including new curbs and gutters, sidewalks, new streets, street lighting and other activities designated by the Director. The Plan Review fee allows for two reviews. 6. Additional work. A fee will be established for activities beyond normal and customary services. These may include, but not be limited to; repeated plan reviews and site inspections, special work, response to citizen complaints, inspection of re-worked areas, calls for inspection when the site is not ready and construction site emergencies. C. Waiver of fees for City initiated projects. Utilities in the right-of-way under the authority of a franchise agreement, State Tariff or other similar City authorization which must apply for permits because of City-initiated construction projects, may be granted a waiver of normal permit fees by the Director. This RIGHT OF WAY USE ORDINANCE Page 10 provision only applies to work that would not otherwise have been done by the utility. D. Exemption from fees for City projects. City projects are exempt from fees for right-of-way use permits. 11.02.130 Specifications. All work to be performed under any permit issued under this chapter shall conform to all other City codes, the current development and construction standards of the Department and all other standards used by the City in the administration of this chapter. Such standards include, but are not limited to, the current version of the Manual of Uniform Traffic Control Devices as amended or superceded, published by the Federal Highway Administration and the Standard Specifications for Road, Bridge, and Municipa! Construction as amended or superceded, published by the Washington State Department of Transportation and the American Public Works Association. 11.02.140 Notice of intent to start work. Permittee shall provide a minimum of one working day notice of the intent to start work in the right-of-way. 11.02.150 Inspections. As a condition of issuance of any permit or authorization that requires approval of the Department, each applicant shall consent to inspections by the Department or any other appropriate City representative. Permittee shall provide a minimum of one working day notice prior to a requested or required inspection. 11.02.160 Completion of Work. At completion of the work, the permittee shall: A. Provide notice that the work is complete and request a final inspection. B. Provide record drawings of the improvements made in the right-of-way when required. Record drawings of improvements to be maintained by the City shall meet the format requirements of the City. All record drawings shall show at a minimum the actual location, depth and profile of the improvements in the right-of-way. Record drawings acceptable to the Department must be provided prior to release of the Performance Deposit. 11.02.170 Shared use of excavations. If at any time, or from time to time, a utility company submits a permit request to excavate for installation of its facilities, the City may request in writing that such utility company provide an opportunity to install City facilities within the excavation; provided, that: A. Such joint use shall not unreasonably delay the work of the utility company; and RIGHT OF WAY USE ORDINANCE Page 11 B. Such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties and in accordance with the applicable codes, rules and regulations. C. To the extent reasonably possible, the utility company shall, at the direction of the City, cooperate with the City and provide other private utility companies with the opportunity to utilize joint or shared excavations in order to minimize disruption and damage to the right-of-way as well as to minimize traffic-related impacts. 11.02.180 Underground utility location required. All permittees shall, before commencing any construction in City right-of-way, comply with all requirements of Chapter 19.122 RCW, the one number Iocator service. 11.02.190 Warning and safety devices. A. The permittee is responsible for the safety of the work area and shall provide and maintain warning lights, safety devices, signs and barricades shall be provided by the permittee on all rights-of-way when at any time there might be an obstruction or hazard to vehicular or pedestrian traffic in accordance with the Specifications. Warning and safety devices may be removed when the work for which the right-of-way use permit has been granted is complete and the right-of-way restored to the conditions directed by the Department. B. The Director may require an applicant to submit a traffic plan showing the proposed shoulder closures, lane closures, detour routing, parking removal and location and type of warning lights, safety devices, signs and barricades intended to protect vehicular or pedestrian traffic at the site for which the right-of-way use permit is requested. If a traffic plan is required, no right-of-way use permit will be issued until the traffic plan is approved. C. The Director may require that the permittee provide a person certified as a Washington State Traffic Control Flagger be on site during construction activities to monitor the setup and maintenance of the warning and safety devices. D. On right-of-way use permits that require a flagger for the purpose of traffic control during the construction, the flagger will be either a propedy attired and certified Washington State Traffic Control Flagger, or an off-duty law enforcement officer. E. All decisions of the City inspector shall be final in all matters pertaining to the number, type, location, installation, and maintenance of warning and safety devices in the public right-of-way during any actual work or activity for which a duly authorized right-of-way use permit has been issued. Lack of notice or comment by the City on the warning and safety devices does not relieve the permittee of responsibility for the safety fo the work area. 11.02.200 Temporary parking restriction notification. A. Where the Director determines that parking is a hazard to through traffic, or to the construction work or other right-of-way activity, parking may be restricted either entirely or during the time when it creates a hazard. RIGHT OF WAY USE ORDINANCE Page B. Parking restriction signs shall be placed at least 72 hours in advance of parking removal, with the start date of the "no parking" clearly shown. The area to be restricted shall be clearly marked with Type I barricades carrying signs that give the specific period (dates and times) that the area is to be free of vehicles. Signs shall be large enough to be easily read from a distance of 50 feet and shall advise where impounded vehicles will be stored or indicate a 24-hour telephone number for obtaining that information. C. The permittee shall be responsible for placement and maintenance of the signs. Placement of the signs shall be as approved by the Director. The permittee shall notify the City by telephone or otherwise when the signs are placed. No towing of vehicles shall occur unless the signs are placed at least 72 hours prior to the beginning of the restricted parking. D. All signs must be approved by the Director prior to placement, and must conform generally to the following wording: WARNING! TOW AWAY ZONE NO PARKING FROM: DATE & TIME TO: DATE & TIME FOR CONSTRUCTION WORK ALL VEHICLES REMAINING WILL BE TOWED (IMPOUND INFORMATION) 11.02.210 Material testing. Material tests may be ordered by the Director to assure conformity with the specifications. Material tests may include, but are not limited to; gradation analysis, compaction testing, concrete strength, asphalt content analysis and pipe strength. When ordered by the Director, the permittee shall have the material test performed by a certified laboratory and the results provided to the City. Location and timing of material testing shall be coordinated with the Director. 11.02.220 Performance and warranty deposits. A. Performance Deposit. A performance deposit may be required to ensure conformance with the plans, specifications, standards, permit requirements, development guidelines and other requirements. The minimum amount of the performance deposit shall be 150% of the estimated value of the work or the estimated cost to repair damage to existing RIGHT OF WAY USE ORDINANCE Page 13 improvements as determined by the Director. Performance deposits shall not be released until a warranty deposit, if required, is received. B. Warranty Deposit. A warranty deposit may be required to warrant the workmanship and material of constructed improvements in the right-of-way for a period of two years. The minimum amount of the warranty deposit shall be 20% of the value of the actual construction costs. C. Deposit Instruments. The deposit instrument for the performance or warranty deposit shall be cash, a non-revocable letter of credit, an assignment of funds, bond or other readily accessible source of funds approved by the City Risk Manager. The deposit instruments shall be on a form acceptable to the City Risk Manager. Any issuer of a deposit instrument shall pay invoices presented by the City pursuant to this chapter within 45 days. A bond will be accepted only for amounts over $1,000.00 or when State Law requires a bond. Interest on deposited funds will accrue to the benefit of the depositor, except that any interest earned on a cash deposit will be retained by the City for account administration. D. Notice of incomplete or defective work. If the permitted work is determined to be incomplete or defective, damage of existing improvements is observed, a defect is observed during the warranty period or other activities which do not comply with the permit and require corrective action by the permittee as determined by the Director, the Director shall notify the applicant in writing prior to applying proceeds of the deposit to correct the work. The notice must state: 1. The work that must be done or the improvement that must be made to comply with the requirements of the permit or deposit; and 2. The amount of time that the applicant has to commence and complete the required work or improvements; and That, if the work or improvements are not commenced and completed within the time specified, the City will use the proceeds of the deposit to have the required work or improvements completed. E. Default on deposit. If the work or improvements covered by the deposit are not completed within the time specified in the notice given under this chapter, the City shall obtain the proceeds of the deposit and do the work or make the improvements covered by the deposit. The City may either have employees of the City do the work or make the improvements or have a contractor do the work or make the improvements. If at any time the Director determines that actions or inaction associated with any permit work has created an emergency situation endangering the public health, safety, or welfare, creating a potential liability for the City, or endangering City streets, utilities, or property; and if the nature or timing of such an emergency RIGHT OF WAY USE ORDINANCE Page 14 precludes the notification of applicants as provided in this chapter while still minimizing or avoiding the effects of the emergency, the City may use the deposit to cover costs incurred by the City to correct the emergency situation. The City may either have employees of the City do the work or make the improvements, or have a contractor do the work or make the improvements. If the City uses the deposit as provided by this section, the applicant shall be notified in writing within four working days of the commencement of emergency work. The notice must state the work that was completed and the nature or timing of the emergency that necessitated the use of the deposit without prior notification. The permittee is responsible for all costs incurred by the City in doing the work and making the improvements covered by the deposit. The City shall release or refund any proceeds of a deposit remaining after subtracting all costs for doing the work covered by the deposit. The permittee shall reimburse the City for any amount expended by the City that exceeds the deposit. In each case where the City uses any of the proceeds of the deposit, it shall, within 30 days, provide the owner of the permit an itemized statement of a~l proceeds and funds used. 11.02.230 Insurance. A. General Provision. Before any permit is granted to any person, firm or corporation, for the work within or use of the right-of-way, such person, firm or corporation shall secure and deliver to the City and file with the City Engineer a copy of comprehensive general liability insurance in the sum of five hundred thousand dollars ($500,000.00) for bodily damage and property. The City shall be listed as an additional insured on the policy. Alternate methods of meeting these insurance requirements must be approved by the City Risk Manager. B. Limited Exception. A homeowner or tenant who repairs the sidewalk fronting his/her residence and who performs all the labor him/herself shall not be required to obtain insurance as set forth in subsection A. Prior to the issuance of such a permit, the homeowner or tenant shall be required to provide proof of homeowners or renters insurance in the amount of at least $100,000.00 for bodily damage and property damage. 11.02.240 Hold harmless. As a condition to the issuance of any permit under this chapter, the permittee shall agree to defend, indemnify and hold harmless the City, its officers, employees and agents, for any and all suits, claims or liabilities caused by, or arising out of any work or use authorized by any such permit. 11.02.250 Correction and discontinuance of unsafe, nonconforming, or unauthorized conditions. A. Whenever the Director determines that any condition on any right-of-way is in violation of, or any right-of-way is being used contrary to any provision of this chapter or policies RIGHT OF WAY USE ORDINANCE Page 15 adopted hereunder or other applicable codes or standards, or without a right-of-way use permit, the Director may order the correction or discontinuance of such condition or any activity causing such condition. B The Director is authorized to use any or all of the following methods in ordering correction or discontinuance of any such conditions or activities as the Director determines appropriate: 1. Serving of oral directives to the permittee or other responsible person requesting immediate correction or discontinuance of the specified condition; Service of a written notice of violation, ordering correction or discontinuance of a specific condition or activity within a reasonable period as the Director may determine; 3. Issuance of an order to immediately stop work until authorization is received from the City to proceed with such work; 4. Revocation or suspension of previously granted permits pursuant to this chapter; 5. Issuance of a citation upon the permittee or other responsible person who is in violation of this chapter; 6. Seek to impose penalties pursuant to BMC Chapter 1.12. 11.02.260 Debris and spilled loads in the right-of-way. A. The owner or operator of any vehicle that has spilled, dropped, dumped or in any manner whatsoever deposited any matter upon the right-of-way shall cause the right-of- way to be cleaned using suitable methods to the satisfaction of the Department. Upon failure to do so the Department may cause to have cleaned the right-of-way and the costs thereof shall be charged to the person or persons so responsible. The Department has the authority to designate haul routes and time of day for operations involving hauling over public right-of-way. B. Earth-hauling contractors, builders, or anyone else utilizing vehicles upon rights-of-way shall provide persons or equipment to keep the right-of-way clean at all times to the satisfaction of the Department. Upon failure to do so, the Department may issue an immediate stop work order, revoke City permits, and the responsible person or persons may be directed to immediately clean the right-of-way to the satisfaction of the Department. Upon failure to do so the Department may cause to have cleaned the right-of-way and charge the costs thereof to the person or persons so responsible. 11.02.270 Nuisance in the right-of-way. A. Any object or thing which occupies any right-of-way without the legal authorization required by this chapter is declared a nuisance. The Department may attach a notice to any such object or thing stating that if it is not removed from the right-of-way within 24 RIGHT OF WAY USE ORDINANCE Page 16 hours of the date and time stated on the notice, the object or thing may be taken into custody and stored at the owner's expense. The notice shall provide an address and phone number where additional information may be obtained. If the object or thing is a hazard to public safety, it may be removed summarily by the City. Notice of such removal shall be thereafter given to the owner, if known. B. All expenses incurred by the City in abating the nuisance condition or any portion thereof, or to repair any damage to the right-of-way, shall constitute a civil debt owing to the City jointly and severally by such persons who have been given notice or who own the object or thing or placed it in the right-of-way, which debt shall be collectable in the same manner as any other civil debt. 11.02.280 Revocation of permits. A. The Director may revoke any permit issued under this chapter whenever in the Director's sole determination: The work or activity does not proceed in accordance with the plans as approved, or conditions of approval, or is not in compliance with the requirements of this chapter or procedures, or other City ordinances, state law or federal law; 2. The City has been denied access to investigate and perform inspection; 3. The permittee has made a misrepresentation of a material fact in applying for a permit; The progress or condition of the approved work or activity indicates that it is or will be inadequate to protect the public and adjoining property, the street or utilities in the street, or any excavation or fill endangers or will endanger the public, the adjoining property, street or utilities in the street. B. Upon suspension or revocation of a permit, all use of the right-of-way shall cease, except as authorized or directed by the Director. C. Notice of revocation. Notice of revocation shall be by letter. D. Appeal of revocation. A revocation may be appealed pursuant to this chapter. 11.02.290 Stop work orders. Work in the right-of-way may be suspended by the issuance of an oral or written stop work order by the City inspector. 11.02.300 Adoption of policies. The Director may prepare and adopt policies and procedures for the purpose of implementing this chapter. Such policies do not require approval by the City Council. RIGHT OF WAY USE ORDINANCE Page 17 11.02.310 Appeals. An applicant whose application has been denied or a permittee whose permit has been revoked pursuant to this chapter must first request the Director to reconsider or reverse the decision, tf the Director denies the request, the applicant or permittee may appeal the decision to the City Hearing Examiner pursuant to BMC 2.62.045. 11.02.320 Violation - Penalty. A. Failure to comply with any provision of this chapter is declared unlawful, and a violation. B. Any violation of this chapter may be enforced pursuant to BMC Chapter 1.12. For a violation to constitute criminal contact, the violation must be intentional. Section 2. Repeal. Bremerton Municipal Code, Chapter 11.12, Breaking Pavement is hereby repealed in its entirety. Section 3. Repeal. Bremerton Municipal Code, Chapter 17.24, Construction on Pubfic Property is hereby repealed in its entirety. Section 4. Repeal. The name of Bremerton Municipal Code, Title 11, Streets and Sidewalks is hereby repealed in its entirety and replaced with the name Streets and Rights- of-Way. Section 5. Effective date. This ordinance shall become effective ten days after passage and publication as provided. of APPROVED by the City Council of the City of Bremer[on this , 1999. day of PASSED by the City Council of the City of Bremerton this ,1999. day MIKE SHEPHERD, Council President APPROVED this day of , 1999. ATTEST: LYNN HORTON, Mayor KATHLEEN McCLUSKEY, CityClerk RIGHT OF WAY USE ORDINANCE Page 18 ORDINANCE NO. AN ORDINANCE setting fees and charges for Right-of-Way Use Permits. Whereas, Bremerton Municipal Code, Chapter 11.02, requires that a fee schedule be adopted by the City Council for fees and changes associated with Right-of-Way Use Permits, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Establishment. PURPOSE. This ordinance establishes fees and charges for Right-of-Way Use Permits. I. RIGHT-OF-WAY USE PERMITS FEES AND CHARGES. The following fees are established for Right-of-Way Use Permits: PERMIT TYPE CATEGORY FEE A, Regular $65.00 TYPE A (Short Term Use) TYPE B A. Sidewalk Repairs $15.00 (Disturbance of ROW) B. Driveway, Transverse Street $65.00 Patch & Spot Patches C. New Curb, Gutter & Sidewalk Longitudinal Street Patch D. New Street E. Water & Sewer Mains & Laterals ROW Permit $1.00/Ft with a $100.00 min. $3.00/Ft with a $300.00 min. $15.00 TYPE C (Long Term Use) TYPE D (Franchised Utility Routine Maintenance) PLAN REVIEWS ADDITIONAL WORK A. Application & Processing B. Use 1. Longer than 1 year 2. Shorter than 1 year $100.00 1/10 adjoining land value set in the County Assessor's records per square foot of impacted ROW annually with a $100.00 min. 1/50 adjoining land value set in the County Assessor's records per square foot of impacted ROW monthly with a $100.00 min. A. Regular $100.00 $0.10/Ft of improvement with $100.00 minimum $40.00 per hour plus equipment charges Ii. ANNUAL ADJUSTMENT The fees set forth in the ordinance shall be adjusted on February 1st of each year based upon the Seattle Area Consumer Price Index, for all permits for the year ended December of the preceding year unless otherwise adjusted by the City Council. The new fees will be rounded down to the nearest dollar. Section 2. Effective Date. This ordinance shall become effective ten days after passage and publication, APPROVED by the City Council ofthe City of Bremerton this day of ,1999. PASSED by the City Council ofthe City of Bremerton this day of ,1999. 2 MIKE SHEPHERD, Council President APPROVEDthis day of ,1999. LYNN HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk .3 RIGHT-OF-WAY USE ORDINANCE SUMMARY OF MAJOR FEATURES Combines three sections of the BMC that address right-of-way use into one comprehensive chapter. This will eliminate conflicts and redundancy in the existing ordinances and clarify and simplify the process to use the right-of-way. Provides for three permit categories (11.02.090). Type A Short term uses; scaffolding, dumpsters, etc. Term: 4 weeks maximum, renewable once Type B Disturbance of the right-of-way; construction of curb, gutter, sidewalks, utilities, etc. Term: 120 day maximum, renewable once Type C Long term use; accessory business activities, special and unique structures, bus shelters, etc. Term: 5 year maximum, not renewable, new permit must be issued Type D For franchised utilities routine maintenance of their existing overhead and underground facilities which do not require disturbance of the right-of-way Term: I year maximum Type A and B permits can be renewed one time. Type C and D permits can not be renewed (11.02.110), but must be reapplied for. All permits are approved administratively, no separate council action is required. Application requirements are clearly defined (11.02.100). Permit fees and charges; categories are clearly identified (11.02.130). The fee and charge schedule is set out in a separate ordinance with an automatic increase tied to the Seattle CPI. Performance and warranty deposit requirements and acceptable deposit instruments are clearly defined (11.02.220). Insurance requirements allow limited exception for homeowners who repair the sidewalk in front of their property themselves. In this case we will accept their homeowner's insurance. Summary of Right-of-Way Use Ordinance Page ! Business activities in the right-of-way such as parking, storage and signage will be allowed in the right-of-way under the Type C permit. However, before a Type C permit is issued, appropriate review and permits must be obtained from the Department of Economic and Community Development (ECD). Because the use of the right-of-way under a Type C permit can be revoked by the City, the permittee will need to assure that the project can meet ECD requirements without relying on the use of right-of-way. Enforcement will focus on using civil penalties rather than criminal penalties, with citations issued by Engineering staff. This is expected to be more effective and efficient. Criminal penalties will remain available if necessary. Revisions to BMC 1.12 will facilitate this change. RW:ab 99148 Summary of Right-of-Way Use Ordinance Page 2 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Ordinance No. regarding Prosecution for Violations and replacing BMC 1.12. FOR AGENDA OF: May 19, 1999 ORIGINATING DEPT: Legal ORIGINATOR: Glenna Malanca, City Attorney DATE SUBMITTED: May 12, 1999 2..~~CES: /7(Comment on ~tenh~Malanc~, City Attorney back if necessary) 3. EXHIBITS: - Executive Summary - Ordinance No. Discussed at May 3, 1999 Study Session With.Assistant City Attorney Rife ENDORSEMENT ~ INFORMATION [] APPROVED BY COUNCIL PRESID~~yBMITTAL MAYOR' ~/~ ~ ~' COUNCIL PRESIDENT 4. SUMM~RX STATEMENT ~ ~QUI~~ FOR CO~CIL ACTION: An Ordinance repealing and replacing the Prosecution for Violations. This ordinance has clarified the expectations and penalties therein for violations of the Bremerton Municipal Code. Chapter 1.12 will be repealed in its entirety and the City Council will adopt the attached Ordinance as its replacement. 8. RECOMMENDATION: Record Motion: Motion to Approve Ordinance on 1sz reading: Motion to Pass Ordinance No. on 2== reading. 9. RESPONSIBLE OFFICIAl: E1FFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE: 11. AGENDA BILL NO. (OVER) CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: None. 7. RESEARCH SOURCES: CHAPTER 1.12 - 5/11/99 ~ OF B~ OFFICE OF CITY ATTORNEY 239 4th Street · Bremerton, Washington 98337 · (360) 478-5345 · FAX (360) 478-516l · E-mail: legal~>ci.bremerton.wa.us EXECUTIVE SUMMARY From: To: Re: Date: Knute Rife Council BMC Chapter 1.12 amendment proposal 11 May 1999 The purpose of this ordinance is: To provide a more flexible and more streamlined system for enforcing the Municipal Code; To provide uniform enforcement procedures for all parts of the Municipal Code; To allow the appointment of specialized enforcement officials as needed; To expressly provide for a civil infraction procedure; To make the City's ticketing and court procedures conform to State law. Equal Opportunity Employer ORDINANCE NO. AN ORDINANCE revising the Prosecution for Violations; repealing and replacing Chapter 1.12 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: PROSECUTION OF VIOLATIONS SECTION 1. Repeal, New Chapter. Chapter 1.12 of the Bremerton Municipal Code is hereby repealed in its entirety and a new chapter adopted to read as follows: 1.12.010 TYPES OF VIOLATIONS 1. Every act, or failure to act, that is contrary to this Code shall be a Code violation. Code violations shall be civil infractions or criminal misdemeanors and gross misdemeanors, as established by the respective Code provisions. If a Code provision so provides, a violation may be cited as either criminal or civil at the discretion of the enforcement officer. 2. Criminal violations shall be charged by the City Prosecutor and processed in the Municipal Court pursuant to the Cdminal Rules for Courts of Limited Jurisdiction (CrRLJ). 3. Civil violation cases shall be initiated either: (a) by a Notice of Infraction issued, served, and filed by either the enforcement officer or the City Prosecutor or City Attorney, or (b) by a Complaint filed by either the City Prosecutor or City Attorney. Civil violations shall be processed in the Municipal Court pursuant to RCW Chapter 7.80, so far as it is not inconsistent with this Chapter, and pursuant to the Infraction Rules for Courts of Limited Jurisdiction (IRLJ), so far as they are not inconsistent with this Chapter and with RCW Chapter 7.80. 4. Each day a violation continues shall be a separate violation and may be cited, complained of, or charged as such. 5. The Municipal Court shall have the authority to adopt such local rules it deems necessary to process cases pursuant to this Chapter. 1.12.020 PENALTIES 1. Gross Misdemeanor. Every person convicted of a gross misdemeanor shall, unless otherwise specified, be punished by a fine not to exceed $5,000.00 or by confinement in jail for a term not to exceed one year or by both such fine and confinement. 2. Misdemeanor. Every person convicted of a misdemeanor shall, unless otherwise specified, be punished by a fine not to exceed $1,000.00 or by confinement in jail for a term not to exceed ninety days or by both such fine and confinement. 3. Civil Infraction. A Civil infraction is punishable by a maximum penalty of $250.00 unless otherwise specified. 1.12.030 ENFORCEMENT OFFICERS 1. General authority law enforcement officers of the Bremerton Police Department are enforcement officers with respect to all provisions of this Code. 2. Additional enforcement officers may be designated by Code provision. 1.12.040 FAILURE TO APPEAR, CRIMINAL CASES If the Municipal Court issues a bench warrant pursuant to CrRLJ 2.5, the act or failure to act that caused such issuance shall constitute a misdemeanor punishable pursuant to this Chapter. 1.12.050 OTHER REMEDIES Nothing in this Chapter shall preclude the City from pursuing other forms of enforcement and relief, including civil damages, abatement, and injunction. SECTION 2. EFFECTIVE DATE. This ordinance shall take effect ten (10) days from passage and publication. APPROVED by the City Council on the first reading this ~ day of ,1999. PASSED by the City Council of the City of Bremerton this day of ,1999. MIKE SHEPHERD Council President APPROVED this __ day of ,1999. ATTEST: LYNN S. HORTON Mayor KATHLEEN McCLUSKEY, City Clerk AGENDA BILL BREMERTON CITY COUNCIL ~: RESOLUTION NO. 270:3 SUPPORTING EFFORTS BY WSDOT TO PRESERVE AND MAINTAIN THE HOOD CANAL BRIDGE FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: MAY 19, 1999 CITY COUNCIL MIKE SHEPHERD, PRES MAY 7, 1999 2. ~~i~: (comment on back 3. if necessary) E~HIBITS: RESOLUTION NO. 27OB ENDORSEMqENT _ INFORMATION__ APPROVED BY COUNCIL PRESIDENT FOR/~UBM~mfT~/ 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: This proposed Resolution recognizes the significance of the Hood Canal Bridge as a link between the north Olympic Peninsula with the Puget Sound Region and all points east. Repair to the Bridge has been necessitated by storm damage. The Washington State Department of Transportation (WSDOT) is being requested to expedite the repairs and to not impose tolls to recover costs of repairs. 8 o RECOSf~ENDATt ON: Motion to pass Resolution No. 2703, supporting efforts by WSDOT to preserve and maintain the Hood Canal Bridge. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DATE: 11. DISAPPROVE~NDED AGENDA BILL NO: AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: May 19, 1999 P LIC .E ING/ SOLUTION # 2704- DEPT.OF ORIGIN: DECD - Planning ACTION: One Year Extension for Preliminary ORIGINATOR: Jon Holan PUD approval for PUD 97-0003, DATE SUBMITTED: May 13, 1999 West Hills PUD APPLICANT: Olympic Property Group LOCATION: 19245 Tenth Avenue NE, Poulsbo, WA 98370 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: DECD Director : ~ ~~~ CC Resolution No.~7~ /~]/~ /~ ~ / Staff Report & Attachments ENDORSE~IENT ~ INFORbI~T I ON .~~~~ COUNCIL PRESIDENT ////~~/~ 4. SUMMARY STATE14ENT AND REQUIREMENT FOR COUNCIL ACTION: Council must decide if the applicant's request for a one time one year extension of the preliminary approval for PUD 97-0003, West Hills PUD. The applicant must show that progress is being made and that it is very likely that the Final Plan will be submitted within the extended time period. 5. RECO594ENDATION: Approve the request for the time extension. RESPONSIBLE OFFICIAL: Jon Holan ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION PULLED TABLED COUNCIL DIRECTIVE: APPROVED SAPPROVED A-MENDED DATE: qO CLEARANCE COMMENTS: 10. IMPACT OF NON-PASSAGE: Failure to approve the extension would result in the expiration of Preliminary PUD 97-0003. 11. IMPACT ON STAFFING~ BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES: Additional staff resources will be required to review the PUD's Final Plan. 12. RE SEARCH SOURCE S: Zoning Ordinance File ATTACHMENT TO: BEFORE ~ CITY COUNCFI, OF ~ CITY OF BREMERTON In re ) WEST I-III.LS PLANNED ) UNIT DEVELOPMENT, ) Olympic Property Group, Applicant. ) PUD 97-0003 Resolution ~..'7 The Bremerton City Council, having heard this matter in open session and being otherwise fully advised, finds, concludes, and resolves as follows: FINDINGS This is an application pursuant to BMC 21.02.520 for aone year extension of time limit for action on a pre 'hminary plan for a PUD. The PUD at issue is commonly known as West Hills PUD. The Council opened a public hearing on an emergency basis on 12 May 1999 and was continued, with proper notice, to19 May 1999 and accepted into the record and reviewed the application, the staff analysis and recommendation, and evidence from citizens, including testimony. The Council approved the Preliminary Plan on 14 May 1997. No Final Plan has been submitted. Olympic Group has made progress by 1) submitting final engineering and grading plans; 2) acquiring easements for and the construction of over 0.5 miles of sanitary sewer lines at a cost of $460,000; and 3) the applicant is in preparation to conduct rough road grading for the main entry road and grading preparation for a building pad on lot 19 to begin later this year. It is very likely a Final Plan would be submitted within the one-year extension period requested because 1) final engineering plans for many of the key applicable improvements such as street, waste disposal, water and drainage have been made; 2) other plans can readily be addressed within the one year time extension; and 3) it is reasonable to expect any Covenants, Conditions and Restrictions can be completed within the one year time frame. CONCLUSIONS The Preliminary Plan would expire 14 May 1999 unless either a Final Plan were submitted or an extension granted pursuant to BMC 21.02.520(a). Olympic Property Group has timely filed for an extension. Olympic Property Group has shown that it has made progress under the Preliminary Plan and has shown that it is very likely that a Final Plan will be submitted with the one-year extension requested here. THEREFORE BE IT RESOLVED that Olympic Property Group's application for an extension is approved. Dated this day of May 1999. BREMERTON CITY COUNCIL MIKE SHEPHERD, Council President ATTEST: PAULA JOHNSTON, Deputy City Clerk Date: May 19, 1999 To: City Council From: Phil Berry, Director of Community and Economic Development Subject: Time Extension for Preliminary PUD 97-0003, West Hills PUD Background: The PUD was for the development of a 270 acre site for 23 industrial lots on 61 acres and a concept approval for residential development on the remaider of the site. The applicant indicates the construction of the Casad Darn water line has resulted in some delays in moving forward on the development of the project and is one reason they are requesting the time extension. The City Council on May 14, 1997 adopted Resolution 2599 (see Attachment 1) approving Preliminary Planned Unit Development Number PUD 97-0003, known as West Hills PUD. In addition to the PUD approval, the City Council approved a preliminary plat for the industrial lots. Further, the Council adopted a zoning map amendment to rezone 31 acres from residential to industrial and the residential portion to "Planned Unit Development" based on the proposed West Hills PUD. The proponent at that time was Pope Resources. According to Section 21.02.520 (a) of the Bremerton Municipal Code, within two years of Council approval of the Pre 'tuninary PUD the applicant shall either file a Final Plan for the PUD or the Council may approve an one year extension on the preliminary. Olympic Property is requesting a one year extension on the Preliminary PUD (see Attachment 2). ANALYSIS: Standards of the Extension Approval: Section 21.02.520 (a) states that, "The City Council may approve a one year extension of the time [of the Preliminary Plan] upon a showing by the applicant that progress is being made and that it is very likely that the Final Plan will be submitted within the extended time period." The following is a discussion of Olympic Resources's request for the time extension in relation to the two standards for approving the extension. Progess is Being Made: Olympic Resource has indicated that they have made substantial progress in developing the development. Final engineering plans have been submitted and reviewed by the City. The applicant has also acquired easements for and the construction of over 0.5 miles of sanitary sewer lines at a cost of $460,000. A grading plan has also been submitted and reviewed by the City. The applicant is in preparation to conduct rough road grading for the main entry road and grading preparation for a building pad on lot 19 to begin later this year. Thus, in staff's opinion, the applicant has made a good faith effort to complete the project. q4 Final Plan Likely to be Submitted: According to the Municipal Code, the Final Plan includes: Any modifications to the underlying zoning standards which were part of the Preliminary PUD approval; Final detailed engineering plans on: - Drainage, - Grading, - Trash collection, - Fire hydrants, - Waste disposal systems, - Water systems, - Electrical systems, - Street improvements, and - Other necessary public improvements. Necessary agreements to assure installation of all improvements; Any needed Covenants, Conditions, and Restrictions (CC&R's) to provide for ongoing maintenance and repair of all private service facilities held in common. While a rezone was approved at the time of the PUD approval, it is integrated with the PUD development proposal. As can be seen from the current progress being made, the detailed engineering plans for many of the key applicable improvements such as street, waste disposal, water and drainage have been made. Other plans can readily be addressed within the one year time extension. Further, it is reasonable to expect any Covenants, Conditions and Restrictions can be completed within the one year time frame. SEPA: A Mitigated Determination of Non-Significance (MDNS) was issued for this project on April 9, 1997. Since this request is for the extension of the original project, the MI)NS is adequate for this proposed request. Further, staff'would also note in support of this determination that there has not been any substantial change in the environment where the facility is being built and no substantial new information has been discovered since the approval of the Preliminary PUD. CONCLUSION AND RECOMMENDATION: Based on the above discussion, staff finds that Olympic Resource has made substantial progress in the development of the West I-fills PUD and that it is likely that the Final Plan will be submitted within the one year time extension. Therefore, staff recommends that the City Council approve Olympic Resource's request to extend for one year that portion of Preliminary PUD 97-0003 pertaining to the West Hills PUD. JON HOLAN Planning Manager ATTACHMENT 1 RESOLUTION NO. RESOLUTION ACCEPTING THE PRELIMINARY PLANNED UNIT DEVELOPMENT "West Hills", located within the area generally bounded by: Pendergast Park on the north: Third Avenue on the east, and unincorporated Kitsap County on the south. WHEREAS, POPE RESOURCES, proponent for the proposed West Hills Planned Unit Development, comprising approximately 270 acres and located within the West Hills area within the City of Bremerton, has made application for approval of a Preliminary Planned Unit Development and WHEREAS, an environmental checklist has been prepared and considered by the responsible official and a mitigated determination of environmental nonsignificance issued, and WHEREAS, the Planning Commission held a public meeting concerning this matter on April 15, 1997; and WHEREAS, the Planning Commission recommended to the Council that the "West Hills" Preliminary Planned Unit Development be accepted subject to certain conditions; and WHEREAS, the Bremerton City Council held a public hearing on May 14, 1997, concerning the preJiminary Planned Unit Development with mitigcting conditions; now, therefore BE IT RESOLVED BY THE BREMERTON CITY COUNOIL That the "West Hills" Preliminary Plan Planned Unit Development presented for approval is hereby accepted subject to the following conditions: 10. 11. Earth: Implement a temporary erosion and sedimentation control plan (TESCP) as approved by the City. Obtain NPDES Construction Activity permit. Air: Implement erosion control measures as approved by the City. Minimize area of exposed soil during construction or demolition; hose debris during demolition; construct truck tire cleaning area; cover dump beds as required by state law; cover stockpiled earth and exposed cuts; employ best management practices; periodically wet sweep streets. Comply with PSAPCA Regulation 1, Section 9.15 requiring reasonable precautions to avoid dust emissions. Surface., Ground, and Runoff Water Impacts: Locate surface parking areas on industrial sites in accordance with City codes. Implement HPA permit conditions, NPDES Construction activity conditions, NPDES Industrial Activity conditions, as well as applicable local, state, and federal water quality guidelines. Use existing water reservoir containment area (formerly Water Reservoir #3) for stormwater quality and storage and construct one additional stormwater facility in southeast corner of site. Plants & Animals: Use landscape plants to provide replacement vegetation on the site. Incorporate street landscaping into project. Make submittal of landscape plan prior to Final Approval of PUD. Implement HPA permit conditions. Implement wetland and stream buffer requirements along Wright Creek to meet Bremerton Critical Lands Ordinance. Enerqy & Natural Resources: Conform with applicable City and State energy code requirements. Create new roadways as proposed to minimize auto energy use. Environmental Health: Property owners to comply with applicable local, state, or federal law regulating the storage, handling, or use of hazardous materials, including NPDES-Industrial permit .program. Develop codes, covenants and restrictions (CC&R) for individual industrial lots consistent with applicable environmental health permit requirements to insure permit compliance by applicant after sale of lots. Land Use: Create new industrial site space as proposed. Housinq & Land Use Plannino: Incorporate existing zoning for industrial sites under current zoning. Expand industrial sites by rezoning of 31 acres for additional industrial sites. Create future development phase for approximately 450 additional housing units located on 209 acres. Create open space adjacent to Wright Creek and stormwater facility area, with at least 15% open space, excluding landscape setbacks and wetlands. Aesthetics: Conform to City zoning with regards to height and bulk as applied through PUD process. Preserve views to Wright Creek from public right of way. Comply with City's Design Review standards. Light and Glare: Design lights within PUD site so as to not create off-site glare. Recreation: Create pedestrian walkway within PUD to connect Pendergast park site with Third Street right of way. Provide pedestrian connection from PUD property to pedestrian walkway within Pendergast Park at location approved by City Parks Dept. 12. 13. Cultural and Archeoloqical: Notify SHPO if archeological resources are identified during construction. Transportation a) All internal streets designed and constructed in conformance with the most current City Street Standards and Standards for Work in the Right of Way prior to Final PUD approval. b) Prior to final plat approval of PUD Phase 1, payment of fair share contribution to Wemer Road corridor improvements the larger amount of; i) ten (10%) percent of city approved cost estimate of SR3 overpass widening plus fifteen (15%) percent of city approved cost estimate of the Interim Werner Road corridor improvements west of SR3 as defined in Wemer Road/Loxie Eagans Blvd. Traffic Operations Study Final Report (Parametrix, 3/97) or ii) City approved cost estimate of intersection improvements at Union Avenue & Werner Road including traffic signal, curb & gutter, sidewalk, illumination and all pavement widening to mitigate project traffic impacts and maintain Level of Service D for intersection. A mutually satisfactory surety, valid for three years, may be provided to meet the condition b) above. The surety, or a portion thereof, will be redeemable for construction of any Werner Road improvements at the discretion of City Engineer. The following may occur at end of three years; i) Construction of alternative b. ii.) above and difference between b.i.) and b. ii.) provided to City to pay for remaining improvements to Werner Road corridor, ii) extension of surety by mutual consent, iii) deposit of funds with City for construction of Werner Road corridor, iv) a separate, mutually agreeable disposition of funds acceptable to City Engineer. Provide intersection improvements at Union Ave/Third Ave and/or traffic calming devices on Roosevelt Blvd. to facilitate north/south movement and discourage cut-through movement on Roosevelt Blvd. The final design shall be subject to approval by City Engineer. Westside Third Ave frontage improvements (pavement widening, curb & gutter, sidewalk, drainage and illumination) Construct right turn pockets as required for southbound access at both Third Ave/access road and Union Ave/Pendergast park access road locations. Provide tee intersection at Pendergast Park access road and industrial park access road upon construction of PUD Phase II. Evaluate existing Pendergast Park access road pavement and structurally reinforce pavement section as necessary for anticipated truck traffic. Improve Pendergast park access road upon development of the PUD residential component including curb & gutter, sidewalk, drainage and illumination. c) d) e) f) g) 14. 15. h) Dedicate right-of-ways for adjacent properties to the west of upon preliminary plat application of PUD residential component. i) Provide access to Werner Road at northwest corner of PUD site upon preliminary plat application of PUD residential component, if required by City. Provide transit services and bus pullouts as required by Kitsap Transit. Provide street lighting on all city streets within PUD, to meet city standards. I) Pay for all traffic control regulatory signs and pavement striping provided by City of Bremerton, on time and materials basis, for all PUD roads and acc655. Public Services: Coordinate supply of utility services with Puget Sound Energy (natural gas & electricity), US West, and City to minimize disruptions. Utilities Improvements: a) Provide water and sewer utilities in conformance with Conditional Sewer and water Availability Letter. b) Design water and sewer in conformance with Utilities Development and Construction Standards. Provide sizing calculations for all water and sewer main extensions. Locate all utility mains in right-of-way or dedicated easement. c) Conform with DOE Stormwater Management Manual for the Puget Sound Basin. The project must address all stormwater quantity, runoff treatment and erosion control impacts as outlined in the manual. d) Stormwater Tracts B & F may be dedicated to the City provided that the City shall conduct all future maintenance and that individual lots shall not be eligible for the stormwater utility rate credits after project develops. J) k) Property in the City limits of Bremerton included in this Preliminary Planned Unit Development is described as follows: LEGAL DESCRIPTION: Sections 21, 28,29 Township 24 North Range 1 East, WM as recorded in the following tax lots: 212401-3-004-2002; 212401-3-003-2003; 292401-1-018-2002; 282401-1-077- 2001; 202401-2-005-1006, measuring approximately 270 acres PASSED by the City Council this /.~j day of May, 1997. DAVID FARR President, City Council t cO APPROVED this day of May, 1997. LYNN HORTON, Mayor ATTEST: KATHLEEI~ ~.. ~-'cC~ty Clerk ATTACHMENT 2 April 7, 1999 Job No. 528-13-970-007 Mr. Jon Holan Planning Manager City of Bremerton Department of Community Development 286 4th Street Bremerton, WA 98337 RE: Extension request for West Hills PUD (File No. PUD 97-003) Dear Mr. Holan: BREMERTON BUILDING DEPARTMENT On behalf of our client Olympic Property Group, we are formallv requesting an extension to the approved Planned Unit Development known as West Hills (CiD' of Bremerton File No. PUD 97- 003). The West Hills PUD was granted preliminaD, approval bv the Bremerton City Council on May 22, 1997 and the two-vear preliminary approval is set to expire on May 22"a of this year. This formal extension request is being made pursuant to Section 21.02.520 of the City of Bremerton's Land Use Code. According to Section 21.02.520 the City Council may approve a one time one year extension of time" provided the applicant can achieve Final Approval during the one year extended time period. Since the preliminary, PUD approval our client has made an assertive effort to gain final plan approval on a portion of the project. Approval of Final engineering plans for a portion of the West Hill PUD, specifically lots 11 through 24 is expected prior to the initial deadline of Ma3' 22"d, 1999. The final engineering plans include plans for constructing roads, waterlines, sanitaD' sewer lines, and storm drainage improvements. For your additional consideration, the City has been installing a new water transmission main from the Casad Dam for the last 7 months. The existing 24" water main which traverses the first phase of the West Hills project will not be taken off line until the end of Mav or early June of this vear. The City has requested that no construction activity take place on near this pipe until it can be abandoned and the new main put in service. 720 South 348th Street Federal Way. WA 98003 Tel (253) $38 6113 Fax 1253) 838 7104 www.esmciviL.com Tacoma (253) 927 0619 Seattle (206) 623 5911 Bremerlon (3601 792 3375 _and Surveying to3 Mr. Jon Hotan April 7, 1999 Page 2 We believe the productive effort put forth in making sure this project is constructed xvarrants the approval of the extension request bv the City Council. Should you have questions or need any additional information, please contact John Chadwell, P.E. or myself at 253-838-6113. Sincerely. ESM Consulting Engineers, L.L.C. Fred S. Wilhelm, Jr, ~ ' Senior Planner Mr. lon Rose, Oynpic Resource Management Mr. John Chadwell, ESM FR] i..4:5:, q?] OON$::LTIHG ENG!f4EERS .:¢0: May 7, 1999 ,~ob No, 528-13-970-007 Mr. Jon Holan Ptmming MaJ]ager CRy of Bremerton Deparlment of Community Development 256 4* Street Bmmerton, WA 9s337 RE: West llills PUl) Extension (File No. PUD 97-003) Dear Mr. Holan; in response to ym~r request we are submittit:g the follo~ving information penainir, g to the good faith effort bcmg put forth by thc Olympic Property Group toss'ards obtaining final plat approval fcr the West Hills PUD Since prelh~in.~o, approval, the project propoueut has be~n working diligently to~arfls final approval of th~ project. However, because of ~h~ construction ~f t[:~ Casad Dam water transmission line, the City has requested tlmt print, const~ctim~ acfivitic~ in thc vicinity ~f th~ watar [mc be tempora]¥ postponed. M~. Ned Lcvar could provide you ~ith ~d6itimml information regarding ~is issue. As a result, tl~ water t~smission lina has created a~ un-~ndci~atzd coast~ctien dc]ay ~owards the completion of thc West Hills PUD. Specifically, tlte efforts that have taken placc or are currently on going ~nclud=: I Diligent progress over the past I ~', years to complete fit:al engineering plans to C~ty satisfaction (22 page ~lan se! and associatod reports), resulting in their recent ,~pproval: 2. Acquisitiou of cascmcnts for, and the construction of over a '/~ mile of sanitary from thc sewer tre~tme~t p'.ant to the sit~ at a cost of over $460,000.00: Prcparauon of the industrial site Phase On,: Road rough grading plan, Commencement of road rough grading and lot 19 pad preparation )scheduled to begin on or arotutd July 1, 1999); 5. Preparation of a Boundao, Line Adjustment to establish the phase one ~oungary consistent with cor. stn~ction drawings (expected to be sabmittzd Io file City on or around It:ne 1, 1999. As wc stated in our previous request, significant resources and a good faith effort to complct¢ the project has been made, which warrants approval of the extension request. Should you have any 623 5911 COI'ISYLTING ENGINEERS FP, X HC. P, :2 Mr. Jori Holan May 7, 1999 Page 2 fi,,'ther questions or require any additional intbnnation regarding this project, please contact John Chaclwell, P.E. or myself at 253-838-6113, Sincerely, ESM Consulting Engineers, L.L.C. cc: Mr. ,Ion Rose, Olympic Resource Management Ms. Sue Schroader. Otympic Resource Management \~,esnflXvol i~engfiesm-jobs',$2g\ 13'do:u;net~t\52 g 13-63 doc