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HomeMy WebLinkAbout12/01/99 AGENDACITY COUNCIL MEETING & MONTHLY STUDY SESSION AGENDA DECEMBER 1, 1999 5. 6. 7. 9. 10. CITY COUNCIL 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 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. A. Assignment of Lease - Motorola, Inc. to Pinnacle Towers, Inc. CLAIMS/CHECK REGISTERS COUNCIL MEMBER REPORTS #AB99-2~ MAYOR'S REPORT INFORMATION ITEM "Bremerton Transportation Center (BTC) Project Update -- Post 1-69~' with Randy Wit"t, City Engineer; and Richard Hayes, Executive Director of Kitsap Transit LEGISLATIVE REPORT 11. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) ORDINANCES A. Ordinance No. 4676 (Second Reading) Establishing Regulatory and Revenue Licensing of Residential Rental Businesses; and Creating a New Chapter in Title 5 of the Bremerton Municipal Code Ordinance No. 4679 (Second Reading) Imposing a Commercial Parking Tax; and adding a new Chapter to Title 3 Of the Bremerton Municipal Code Ordinance No. 4680 (Second Reading) Amending Penalty Amounts for Civil Infractions and Misdemeanors; and Amending Several Chapters of the Bremerton Municipal Code ADJOURNMENT OF MEETING #AB99-242 ~{ #AB99-243 ,.,,20 MONTHLY STUDY SESSION IMMEDIATELY FOLLOWING: (1) Construction Project Updates - Randy Witt, city Engineer (2) "Elimination of Improper Stormwater Inflow to the Wastewater System" - Gene Sampley, Director of Public Works & Utilities #AB99-241 [~ AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Assignment of Lease Motorola, Inc. to Pinnacle Towers, Inc. I FOR AGENDA OF: December~ 1999 ORIGINATING DPT. Administrative Srv. OIGINATOR: Kathleen McCluske¥ ~ DATE SUBMITTED: Nove~er 23, 1999 2. CLEARANCES: (comment on back 3. EXHIBITS: --~/',/~ if nece~ary? Attorney ../ ,/~' ~ ~//~_~-~. ~_ Utilities'Diredt~r ~~ / Assig~ent of Lease COUNCIL PRESIDE~ 4. SUFSu~RY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Lease with Motorola expires on 4/2002 and has a ten year renewal option with renegotiation of rent. This tower site is used for the transmission and reception of radio communication signals and is located on Gold Mountain on Utility property. The Utility receives $2,515.00 per month in lease payments increased annually by CPI. The lease may be terminated for convenience with 90 days notice. The site was inspected and equipment maintenance items were corrected. RECOFS~ENDATION: Motion to approve Memorandum of Lease and Consent. RESPONSIBLE OFFICIAL: Admin Srvs. ENFORCEMENT OFFICIAL: Admin. Srvs. EXPIRATION DATE: 4/2002 REVIEW DATE: annual PULLED TABLED COUNCIL DIRECTIVE: 10. APPROVED NOTICE OF ACTION DISAPPROVED DATE: 3A 11. AGENDA BILL NO: CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: Loss of revenue. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES $30,180 annual revenue 7. RESEARCH SOURCES: Site No.: 3517A Site Name: Gold Mt. Wa. Antenna Site State: WA. MEMORANDUM OF I.EASE AND CONSENT THIS MEMORANDUM OF LEASE ("Memorandum") is executed as of this day of ,1999,by City ofBremerton, a municipal corporation duly organized and existingunder the laws of the State of Washington ("Landlord"); and MOTOROLA,INC., a Delaware corporation ("Tenant"), and evidences that on the 2~t day of April, 1992 a Lease Agreement ("Lease") was entered into by and between Landlord and Tenant. Lease Term: The term of the Lease, including all remaining option periods, expires on April 1, 2012. Site: Subject to the terms of the Lease, Landlord is the owner of and has leased to Tenant the use of a portion of real property described in Schedule 1 attached hereto (" Site") and landlord has granted unto Tenant for the term of the lease an easement for ingress, egress and utilities to the site ,as necessary, over property it owns. Assignment of Lease: Landlord recognizes that Tenant has entered into a General Assignment, bill of Sale, and Assumption of Liabilities (the Bill of Sale) dated as of 31, August 1999. With Pinnacle Towers Inc. with respect to certain assets of Tenant ,including without limitation the Lease and Tenants Leasehold interest thereunder. Pursuant to the Bill of Sale, Tenant is assigning the Lease to Pinnacle Towers Inc.,Pinnacle Towers Canada Inc. or an affiliate of either (collectively, "Pinnacle"). Lease in Full Force and Effect: The Lease is in full force and effect On the date hereof, neither Landlord nor, to Landlords knowledge, Tenant is in default of any of the terms, conditions or covenants of the Lease. Successors and Assi..tms: This Memorandum shall be binding upon and inure to the benefit of Tenant,Pinnacle and their respective successors and assigns as tenant under the Lease. 3 Property Description: Landlord acknowledges that Tenant has retained a surveyor to update or create the legal description for the Site and consents to the later recording of this Memorandum with such description attached hereto. Assignment: Landlord hereby acknowledges and consems to the assignment of the Lease by Tenant to Pinnacle and the assumption of the Lease by Pinnacle and to any further assignment of the Lease by Pinnacle without Landlord's further consem. Sublease: Landlord hereby acknowledges and consents to Pinnacle's further assignment or sublease or grant of licenses to use all or any portion of the Site or portion of'the tower or any other structure or equipment located on the Site without Landlord's prior written consent. Counterparts: This Memorandum may be executed in counterparts, and both counterparts signed together will constitute a single,original instrument. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date first set forth above. LANDLORD: City of Bremerton By: Nallle~ Title: TENANT: Motorola, Inc., a Delaware corp. By: Name: Title: By: Name: Title: By: Name: Title: ?ROM HOLLAND & KNIGHT TAMP~ (WED) 9. 22' 99 12 ~5/ST, 12'03/N0. 4860322798 GENERAL ASSIGN]KENT, BILL OF SALE AND ASSUMPTION OF LIABILITIES THIS INSTRUMENT (this "Instrument") is made and entered into this 31~t day of Augus.t, 1999, by and between Motorola, Inc., a Delaware corporatmn and Motorola Communications and Electronics, Inc., an rllmois corporation (collectively "Assignor"), and PINNACI~ TOWERS INC., a Delaware corporation ("Assignee"). WHEREAS, Assignor and Assignee are parties to an Agreement for Purchase and Sale of Assets, dated June 29, 1999, as ~mended (the "Agreement"), $overning the purchase and sale of the Puzchased Assets; NOW, THEREFORe, for good and valuable consideration, the receipt and su~ciency of which is hereby acknowledged: Assignor hereby sells, transfers, conveys, assigns and delivers co Assignee all of i~s right, title and interest in and to the Puzchased Assets (excluai-g the Purchased Assets located in Canada or azising ~rom Canadiau Material Contracts, Canadian Management Agreements, C~uadian Tenant Leases, Car~dia_u Ground Leases, Canadia:~ Other Real Estate Leases. and Canadian real property) (co~lectively, the "US Purchased A~sets"). TO HAVE :~xlD TO [-/OLD the same, with the appurtenances thereof, unto the Assignee. its successors and assigns, forever, to its own proper use and behalf. :-knything to the contrary not.~dthstanding, if any US Purchased .Asset /s subject to the terms of the Master Sublease Agreement, the Operating Agreement, or the Land Lease Agreement (each a "P~nrli~g Asset Agreement") among the parties dated of even date herewith, conveyance of the US Purchased Asset hereunder shall not be effective until termination of the applicable Pending Asset Agreement with respect to such US Purchased Asset. Upon such termination, the couveyance hereunder shall be effective and in full force without any further action o~ any party hereto. Anything to the contrary notwithstanding, tkis Instrument shall not constitute an assignmen[ o/~ or an agreemen~ to assign, any claim, contract, agreement, license,/ranch/~e, lease, permit, commitment, concession, authorization, sales order, purchase order or other right ~r any cla/m or right or any benefit arming thereunder or resulting therefrom, if an attempted assignment thereo..,q, without the con~en~, approval or agreemen~ of a ~hird party ~hereto, FROM HO,LLAND & KNIGHT TP~[Pt : 9,22'99 i? ~g/$T, 12.0B/NO, 4860322798 P constitute a breach thereof~ until such consent is obtained. If such consent, approval or agreement is not obtained, AssiTnor will take such actions as are provided in the Agreement. Assignee hereby assumes and agrees to pay, satisfy, perform and fully discharge the ,Assumed Liabilities. Assignee shall forever defend, indemni~ and hold harmless the Assii~nor, its successors and assit~ns, from and agaimst the Assumed Liabili:ies in accordance with the terms of the Agreement. .~ssignee. fur:her agrees to pay and discharge all such liabilities and obligatmns as they fall due in ~he ordinary course of business. All capitalized terms used but uoC defined herein shall have the meanin~ attributed to them in ~hs Agreement. It is understood that Assignor, contemporaneously wi~:h :he execution and delivery of ~his Instrument is further executing and delivering to Assignee certain assi~nmsn~s and other instruments of trans£er which cover certain of ~he Purchased Assets, the purpose of which is tn supplement, facilitate and ocherwme implement ~he transfer intended hereby. YROI~ HO,LLAND & KNIGHT & 22' ~ ~2' q/Sz, !2.0B,/NO. 4860~zz798 I:' IN WITN~ESS WHEREOF, each of the undersigned has caused this Instrument :o be signed and sealed on its behalf by a duly authorized officer as of the date first written above. PINNACLE TOWERS INC., a Delaware corporation By: ~l~le: ~.~re~ident MOTOROLA INC,, a Delaware corporation Name: Title: MOTOROLA COMA4~NICATION AND ELECTRONICS INC., an Illinois corporation Name: Title: TPA1 #~404~ v3 LEASE AGREEMENT MOTOROLA COMMUNICATIONS THIS LEASE AGREEMENT is entered into by and between the City of Bremerton, a municipal corporation duly organized and existing under the laws of the State of Washington, as Lessor (hereinafter referred to as "City") and Motorola Communications and Electronics, Inc., (hereinafter referred to as "Lessee"). W I T N E S S E T H: 1. Premises. The city is the legal owner of the following described real property: A plot on Gold Mountain 200 feet on each side beginning at the N.W. corner of the NE 1/4 of the NE 1/4 of Section 27, T24N, R1W, W.M. Thence S 4~ 37' W 439.82 ft. thence S 86~ 31' 12" E 88.79 ft to T.P.OoB. thence continuing S 86~ 31' 12" E 200 ft thence S 40° 37' W 200 ft thence N 86° 31' 12" W 200 ft thence N 40~ 37' E 200 ft to T.P.O.B. Easements will be provided for tower guy anchors outside the plot. The City hereby leases to the Lessee and the Lessee hereby leases from the City the above-described real property, together with all the rights, privileges, easements and appurtenances thereon (hereinafter referred to as "Premises"), for the uses and purposes described herein. Lessee shall not use any portion of the leased property in any way which interferes with the operations of Lessor or its sublessee. Such interference shall be deemed ~ material breach by Lessee, and Lessor shall have the right, in addition to any other rights that it may have at law or in equity, to elect to enjoin such interference or to terminate this lease. Lessor shall provide Lessee with'power and an emergency generator. LEASE AGREEMENT -1- 2. Uses and Purposes. Lessee shall have the use and occupancy of the Premises for the purpose of transmission and reception of radio communication signals in any and all frequencies. Notwithstanding any other provisions herein, the Lessee shall not enter into any sublease of the premises or any portion thereof or any assignment of any interest in this Agreement, except Lessee's affiliates or subsidiaries, whether long or short term in nature, or engaged in any activity with respect to or on the premises, other than the express use(s) and purpose(s) stipulated herein, without obtaining the prior written authorization therefor from the City, which shall not be unreasonably withheld. Lessee may erect any buildings and structures or perform any other necessary construction required to render service consistent with the purposes stated herein, upon receiving the prior written consent of Lessor, which consent shall not be unreasonably withheld. It is understood and agreed that the Lessee's ability to use the property for the "use" as described herein is contingent upon the Lessee obtaining and maintaining after the execution date of the Agreement all certificates, permits and any other approval as may be required by any federal, state, or local authorities. Lessor shall cooperate with the Lessee in its efforts to obtain such approvals and shall take no action which would adversely affect the current use of the property with respect to the proposed use thereof by the Lessee. LEASE AGREEMENT -2- Lessee represents and warrants during the term of this Agreement that it has full power and authority from the Federal Communications Commission (or any state or federal agency having jurisdiction) to install, operate and maintain its equipment in the manner contemplated under this Agreement. Lessee agrees to use the facilities leased hereunder only for the purpose contemplated herein and to comply with all applicable state, county, or municipal laws and ordinances. Lessor shall have the exclusive right to inspect the Lessee's facilities and equipment at any time during the term(s) of this Agreement to ensure compliance with the terms and conditions herein. 3. Term. The term of this lease, and any extensions, shall be as follows: Ten (10) years commencing on the day this Agreement is fully executed. Lessee shall abide by all of the terms and conditions of this lease and shall pay rent to the City as hereinafter set forth. In the event of the inability of the City to deliver possession of the premises, or any portion thereof, at the time of the commencement of the term of this lease, neither the City nor any of the City's officers, employees, or agents shall be liable for any damage caused thereby, nor shall this lease thereby become void or voidable, nor shall the term herein specified be in any way extended, but in such event, the Lessee shall not be liable for any rent until such time as the City can deliver possession. If the Lessee shall take possession of the LEASE AGREEMENT -3- 10 premises prior to the commencement date of this lease, the Lessee and the City agree to be bound by all of the provisions and obligations hereunder during such prior period. 4. Rent. Lessee shall pay Lessor a monthly rental charge of One~Thousand EightY'Hundred Ten and 24/100 Dollars ($1,810.24) per month during the first year of this lease, plus leasehold tax. At the beginning of each successive year thereafter, the monthly rent shall automatically be adjusted by the increase in the Consumer Price Index.for All Urban Consumer Scale (CPI-U) U.S. All City Average~ (t982-84=100), as published by the Bureau of Labor Statistics for January (the "Index"). However, rent shall not, in any case, decrease. 5. Repairs and Alterations. The Premises used by Lessee shall be kept in a clean, safe, and sanitary condition. Lessee shall not permit waste, damage, or injury to the premises. Lessee shall have the right, at its expense, to erect and maintain on the premises improvements, personal property and facilities, including base, radio transmitting and receiving antennas. The Antenna Facility shall remain the exclusive property of Lessee. Lessor shall provide Lessee ingress, egress, and access over the property to the premises adequate to service the premises and the Antenna Facilities at all times during this lease at no additional charge to Lessee. 6. Licenses and Permits. Upon commencement of the lease, Lessee shall be responsible for real property, excise leasehold, LEASE AGREEMENT -4- business and occupation, and/or other taxes or licenses which may in the future be assessed as a result of the Lessee's operations. 7. Taxes. Lessee shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the Antenna Facilities. Lessor shall pay all real property taxes attributable to the property. 8. Liability and Insurance. a. Insurance: Lessee shall maintain public liability and property insurance, with Lessor as a named co-insured, in an amount of not less than Five Hundred Thousand Dollars ($500,000.00). Lessee shall provide Lessor with proof of such insurance coverage. b. Indemnity: Lessee shall defend, indemnify, and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, by Lessee, its employees and/or agents whether such injuries to persons or damage to property is due to the negligence of Lessee, its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury. c. Liens: Lessee shall not permit any lien to be imposed upon the property of Lessor as a result of work done by or on behalf of user and shall indemnify and hold Lessor harmless against any and all expenses, including reasonable attorney's fees and court costs in connection with any such lien. 9. Technical Standards. Lessee shall operate its equipment in complete compliance with rules and regulations of the Federal Communications Commission and shall furnish Lessor with a copy of LEASE AGREEMENT -5- its current license and all subsequent renewals for Lessor's files. A copy of said license shall be posted at all times on Lessee's equipment at subject site. Lessee shall operate its equipment in compliance with the applicable standards for this site as established by the Western Washington Cooperative Interference Committee (WWCIC) attached hereto, to wit: Standards l(e), 2, 3, 4, 5, 6, 7, 8, 9 (except vinyl cladding), 10, 11, 13, 14, 15, 16 and 17. 10. Termination of Lease. a. Either party may terminate this lease upon default of any covenant or term hereof by the other, which shall be effective thirty (30) days following receipt of such notice unless Lessee cures defaults within said period. b. Eitherparty may terminate for convenience upon ninety (90) days notice. c. Notice of the intent to terminate shall be given in writing by certified mail, return receipt requested. 12. Option to Renew. Lessee, providing Lessee is not otherwise in default herein, shall have the right to renew this lease, upon giving Lessor not less than thirty (30) days' prior written notice of Lessee's intent to renew this lease, on the same terms and conditions herein for an additional ten (!0) years from after the expiration of the original term, excepting rent which shall be, at Lessor's option, subject to renegotiation upon reappraisal of the property at that time. If the City elects to renegotiate the rent and if the parties are unable to agree upon a rental for said period, this lease will terminate and subsequent obligations of both parties under the lease shall also be terminated. 13. Exclusive Agreement. Lessor will not allow anyone except Lessee and its sub-tenants and licensees to enter upon or occupy the site or to use the premises of which the leased site is a part for radio or television transmitting. 14. Surrender. Upon termination or expiration of this Agreement, Lessee shall surrender such facilities to the Lessor in LEASE AGREEMENT -6- as good as condition as when initially leased, normal wear excepted. Upon expiration of this lease, Lessee shall, within a reasonable period of time agreed to by both parties, remove its personal property and improvements, except for the concrete foundation for any improvements and the communications tower, unless rejected by Lessor, and restore the property to i~s original condition, reasonable wear and tear excepted. 15. Notices. All notices to be given by either of the parties hereto to the other party shall be in writing and may either be delivered personally or may be deposited in the United States Mail, postage prepaid, as either certified or regular mail, addressed as specified below, or to such other address as either party may later designate in writing. Notices sent by mail shall be deemed to have been given 48 hours after properly mailed; the postmark affixed by the United States Post Office shall be conclusive evidence of the date of mailing. Lessor: City of Bremerton Department of Municipal Utilities 3027 Olympus Drive Bremerton, WA. 98310. Lessee: WESTERN AREA REGIONAL MANAGER 1170 Chess Drive Foster City, California 94404 16. Relationship. In no event shall the City be construed, or held to have become in any way or for any purpose a partner, associate, or joint venturer, of the Lessee or any party associated with the Lessee in the conduct of the Lessee's business or otherwise. This lease does not constitute the Lessee as the agent or legal representative of the City for any purposes whatsoever. 17. Amendments: The parties hereto expressly reserve the right to renegotiate the provisions hereof, including the term of this lease, from time to time as may be necessary and to amend this lease accordingly; Provided, however, That no alteration or modification of the terms or conditions hereof shall be valid and binding, unless made in writing and signed by the authorized LEASE AGREEMENT -7- representatives of the parties hereto. 18. ~ssignment: Lessee may assign this lease upon notice to Lessor to any person or entity with an ownership interest in Lessee, any affiliate of such person or entity, or any person or entity that acquires Lessee's business. Additionally, Lessee may, upon notice to Lessor, mortgage or grant a security interest in this lease and the antenna facilities, and may assign this lease and the antenna facilities to any such mortgagees or holders of security interests, including their successors or assigns (hereinafter collectively referred to as "Mortgagees"). Lessor agrees to notify Lessee and Lessee's mortgagees simultaneously of any default by Lessee and to give mortgagees the same right to cure any default as Lessee, except that the cure period for any mortgagee shall not be less than ten (10) days after receipt of the default notice. 19. Waiver of Default. No waiver of default by either party of any of the terms, covenants, and conditions hereof to be performed, kept and observed by the other party shall be construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants, and conditions herein contained, to be performed, kept and observed by the other party. 20. Miscellaneous. a. 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. b. Each party agrees to furnish the other, within ten (10) days after request, such truthful estoppel information as the other may reasonably request. c. This lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to said lease must be in writing and executed by both parties. d. If either party is represented by a real estate broker in this transaction, that party shall be fully responsible for any LEASE AGREEMENT -8- fee due such broker. e. Lessor agrees to cooperate with Lessee in executing any documents (including a Memorandum of Lease) necessary to protect Lessee's rights hereunder or Lessee's use of the premises. 21. ~ondiscrimination. Lessee shall not discriminate in employment or services to the public on the basis of sex, race, color, creed, national origin, age, marital status, physical, mental or sensory handicap except an employment action based on a bona fide occupational qualification. 22. Effectuation of Agreement. In order to be effective, this lease must be (1) signed by an authorized representative of the Lessee and returned to the city at the address set forth below accompanied by any required policy of insurance, and (2) signed by the Mayor of the City of Bremerton, and attested to by the City Clerk. LESSEE: MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. DATED: DATED: ATTEST: KATHLEEN McCLUSKEY, Clerk LEASE AGREEMENT -9- President LESSOR: 11/38/1999 19:13 PAGE 82 1253661B942 CARLA SAWYER SINCLAIR LANDING ASSOCIATe, ON P.O. Box 29, B~g~oN, WA 98337 November 29, 1999 Memo To: FrolT~ Regarding: Policy Group Agency Oversight Committee(AOC) Project Status and Recommended Direction Two recent events have significantly impacted the Bremerton Transportation Center project: · . Finalization of the design for the marine components and the advanced stage of the uplands construction has allowed the project team to refine the estimated total cost to complete the project; and · The passage of 1-695 has precipitated changes in both the possible funding future for the project as well as a reduction in Ferry service that may likely result in ehmination of the Chinook class vessel service to Bremerton. TI~ memorandum summarizes the actions of the AOC and the Project Team to respond to these changing circumstances and presents the AOC recommendations for proceeding to complete the project. Design for and Cost to Complete Phases A and B The project team has been working with the design and construction contractors to develop a viable option for the completion of the marine component that recognizes the likelihood of the elimination of the Chinook vessel service and the possibility of a future smaller passenger only vessel service for cross sound. This option involves the use of Float B' as the primary docking facility and discontinuation of work on Float A. (The option is more fully described in the attachment to this memo.) The AOC is evaluating a broad range of options for the disposition of Float A including temporary storage for later use by Kitsap Transit in futare POP service and sale to another marine operation in the Puget Sound or elsewhere. The project manager has asked the marine design and construction contractors to estimate the costs of their work on this option. Howard S Wright has also been asked to provide a current estimate on the cost to complete the uplands portion of the project including all known and likely change orders. The AOC recommends that Phases A and B stay within their current budget so that Phase C funds are secure for Phase C requirements. Preliminary cost to finish estimates for Phases A and Option 2 Phase B indicate that the project can be completed for no more than $600,000_ over the existing fund sources. However, the project manager has 11/30/1999 19:13 PAGE 83 1253~81~9~2 CARLA SAWYER November2~ ~999 Page 2 identified possible scope reductions and Kitsap Transit has pledged the additional funds to complete Phases A & Option 2 Phase B. The AOC expects to have a firm cost Go complete estimate for Phase A and Option 2 Phase B by their next meeting on November 30, 1999. Executive management at each of the four partner agencies has been contacted about the AOC recommendation for Phases A and 15. They have indicated their support. Accordingly, the project manager is re- directing design and procurement activities to implement Option 2 Phase B. Phase £ Plans Phase C funds are secure through a STP grant awarded last year and are matched with local dollars and contributions from existing revenue sources. The total currently available for Phase C is $5 million. Work is proceeding on three fronts on Phase C: · Plans are being prepared for the relocation of the PSNS police facilities necessary for conveyance of the PSNS property to the project; · The requirements for Phase C components are being reviewed and updated to reflect the current understanding of the operating and environment; and · Preparations are being made for the conduct of an alternative cost analysis (ACA) on the PSN$ police facility and Nercom relocation and the construction of Phase C components. When the ACA is complete, the AOC will be in a better position to access the sufficiency of Phase C funds and match those funds to the highest priority Phase C requirements. Once the priority requirements of Phase C are funded any additional Phase C funds will be used to reimburse Kitsap Transit for the additional funds pledged to complete Phases A and B. Please call Wendy Clark (360- 478-6931) or Carla Sawyer (253-661-7010) if you have any questions about this memorandum. Attachment Distribution: Dick Hayes, KT Dick Brandenburg, Port Wendy Clark, KT Ken Attebery, Port Terry McCarthy,WSF Field Ryan, SLA Leonard Smith, WSF Carla Sawyer, SLA Lynn Horton, City Bob Cowan, WSDOT Randy Witt, City Don LaFord, SLA 11/30/!99~ 19:13 1253~515942 CARLA SAWYER PAGE Post 1-695 BTC Marine Facility Options Option 1: Complete the Uplands and Marine facilities as designed. The estimated short fall over the current project ftmding is $2.3M Option 2: Complete the Uplands and mothball float A. Install float B and extend the Port Breakwater by reuse of a section of the existing float currently in use as a temporary passenger only ferry. This option can not be completed within the current project funding. The projected short fall is about $600,000. Option 3: Complete the Uplands, mothball both float A and B and reinstall the temporary passenger only float at the former l'~ St dock location. The trestle and new gartgwny will be utilized. This option can be completed for about $0.9 M less tkan the current project funding. The AOC has selected Option 2 to pursue for the following reasons; · The probability of obtaining funding in the near term future to support option 1 is very low. If additional funding is available in (he future, building option 2 cioes not preclude furore completion of Option 1, however long term use of the Chinook class POF at Bremerton has a low probabili~. · Option 2 provides a covered wa~ting area for passengers. · Option 2 accommodates docking and side loading of WSF vessels, Horluck femes and can accommodate futtu'e small capadty (148 passenger) boab. · Option 2 retains the Breakwater to protect the Port Marina and access as a fishing pier. · The in-water work can be completed prior to lhe March 15~ fish closure. - Option 2 removes the temporary passenger only ferry dock from i~s cunv~t position near the pump house thereby satisfying existing permit commitments. · Option 3 provides only limited weather protection for passengers November 29, 1999 Don LaFord, BTC Project Manager ...: /' ,I I/ / ,/ I 006~3 ~/~0 335 NlttdTOO DNIEO0;~ IV073 3~ld 7331E A43N %\ n I1 Il II II II n U1 II n Ii II Ii ONIONVI$ · ONI~VN3 3008 JOd ,Og' = .l NV-Id AVMONVO '3-11S3~1 9~17v QOV SI ~V HZ,90S) N33~J3S H3HIV3,~ 'Ol8 3SVB-71VHQHVflO 7V~3~7 / 3Qtg ~ON 01 gV~li~tg 71VHQUV00 7v13~ $1 ('dxi 'oil vlnstvt-~oN) Exhibit A o KITSAP TRANSIT PASSENGER-ONLY FERRY PROGRAM Executive Summary Kitsap Transit will contract for service operation, with UTC review of rates for at least franchise-holder routes and perhaps all contracted service. Voters would have to approve added 0.1 of sales tax (one penny on a dollar). A. Private service operation will be carried out by current franchise holders, or, for routes where no franchise has been granted, by contract operators: 1) Short-term fleet (via leasing or would probably be by operators) 2) Operation of service will be by contract both short-term and long-term (5+5 years) B. Private responsibilities could include short-term Seattle-side facility Public Responsibilities will be carried out by Kitsap Transit A. Short-term and Long-term County facilities B. Long-term fleet purchases C. Long-term Seattle facility (probably including a public-private partnership on full-dock development; Piers 48 to 56) D. Extension of"deals" to other local governments by inter-local agreements 1) Vashon Island, Mason, Clallam, Jefferson and Island counties 2) To include all contracts from boat purchases, to service contracts, plus use of Seattle-side facility for a proportionate contribution. Need to amend several sets of laws (basic laws are in place now) A. High-capacity legislation 1) To clarify authority of other areas to "join" program by inter-local agreement 2) To allow use of public-private partnerships for facility development and FTA-sanctioned purchasing practices (design-build to super- turnkey) for equipment and facility procurement B. UTC rules/responsibilities to include review of contract-operator rates as well as franchise operator rates Last revised: 12/1/99 3:52 PM Page 1 of 4 KITSAP TRANSIT PASSENGER-ONLY FERRY PROGRAM Additional Details/Answers to questions (Revised: 11/29/99) As we continue to work on this concept, more ideas come into focus. On the agenda for the December meeting will be a resolution regarding consultant services to prove with technical memos the validity of the most crucial parts. What is our focus/overall goal? Continuation of current level of effort/momentum, using existing and temporary facilities as well as existing and leased boats, with a shift to better facilities and a permanent fleet over time. Goal: no break in Bremerton service and 2001 service starts at SouthworthPKingston 2. Discussion of passenger-only ferry (POF) service will include matching bus service. How much would Kitsap contribute: A. Sales tax subsidy ~ one cent, worth $25 million+ a year. B. Fares ~ 50 percent recovery: 1) $3.00 to $5.00 one-way 2) 10 percent to 15 percent discount on ticket books 3) 20 percent to 25 percent discount on passes DRAFT RATES TO BE TESTED/REFINED AS CONCEPT DEVELOPS. Assistance needed from WSF to make Kitsap Transit POF program viable A. POF authority; Kitsap to east side of the sound B. All Bremerton POF assets, including Float A C. Chinook and Snohomish, only if: 1) These boats are dear of debt (negotiable) 2) The state wins the Rich Passage lawsuit, and 3) No union requirements come with the boats, especially from MERC D. Conversion of WSF grants for POF to KT grants E. Additional service and facility planning documents that WSF has developed F. We agree with WSF administration concerns that joint use of car boats/POF docks, even on an interim basis, is unwise, especially given the bad feelings WSF layoffs will engender. The agencies will need to continue the current high levels of cooperation regarding service and facility development at the car ferry terminals and "forced" cooperation in the POF arena would undoubtedly endanger this. Last revised: 12/1/99 3:52 PM Page 2 of 4 What sort of legislative support would be required? A. Agreement on principles in paragraph 4 above, especially contributed capital from WSF B. Authority to use modem capital and service purchasing methods, especially those sanctioned by the FT& from design-build to super- turnkey. C. Explicit authority to contract POF service without MERC or other state restrictions. D. Extension of sales tax to gasoline for high-capacity systems by a vote of area residents (state portion of sales tax to be state contribution to project). E. Fairer treatment of Kitsap car-boat services because Kitsap is trying to help itself, especially if we agree to: 1) share resources (with Vashon, Island County, etc.) 2) innovate (contract service, turnkey boat purchase, etc.) 3) increase fares/recovery ratio (50% for POF, 25% for related transit service) F. Substitution of UTC contract and rate review for Expert review panel required now by high-capacity legislation Miscellaneous but important questions: A. What about Vashon? Island County? Jefferson/Clallarn/Mason counties? They can affiliate with KT now or later or use the model the Legislature crafts in response to our requests to go it alone. Certainly, facility-sharing on Pier 48 on the Seattle end would be available to them if they contributed their share to that part of the project, whatever approach they use. In the case of Mason, Clallam and Jefferson counties, they perhaps could affiliate at a lower tax rate if they only wanted to pay for express bus service. If, in Jefferson's case, they wanted ferry service to Port Townsend, they could affiliate at whatever higher rate was necessary to run that service as part the system. Sharing Seattle-end costs and spare boat costs are other reasons to affiliate. I'm using the word affiliate rather than "join", which suggests an RTA-type structure because I am very serious about the simplicity of the structure proposed below. The POF program would be an operating division of KT, using contracted service. A minimum number of new staffwould be required to manage contracts, coordinate service planning and manage the capital program. No new layer of government is needed. What would the organization look like? It would be an operating division of KT, like Routed, ACCESS or Rideshare. Service planning and capital programs would be managed as part of KT's existing programs. Accounting, personnel and other supports would be provided by KT staff. We would formalize a quality-assurance program, like the survey work we do (to verify that ACCESS is working well, for instance) and it would serve all our services. Last revised: 12/1/99 3:52 PM Page 3 of 4 7. One-cent Sales Tax Initial Distribution: KITSAP TRANSIT POF PROGRAM ITEM ONE-CENT SALES TAX INITIAL DISTRIBUTION INCOME POST-STARTUP SHIFYS 1. .01 Transit survival $2.5M 2. .02 Transit service subsidy for operations: $5M +$1M in fares +$1.25M after year 4+ fi.om No. 6 below (.01 for existing service and .01 for new) +SIM in increased fare/parking revenue by year 4 3. .03 Ferry service subsidy $7.5M $5M in fares +$1.25M after year 4+ +$2.5M in increased fare revenue by year 4 4. .015 Boat purchase bond repayment $3.75M +$0.5M to 15 boats at $2M each=$30M $1M per year over 10 years = $3.75M a year in Section 11 funds 5. .015 Short-term terminal development $3.75M, +$7M in +$2.5M for years 2-4± from Nos. 6 and 7 (includes park-and-ride lots) plus grants, at below startup +$1-3M a year in grants 6. .005 Miscellaneous start-up (radios, IS systems, $1.25M To No. 5 above for years 2-4±, then to No. office space, insurance, etc.) 2 above for year 4 and beyond 7. .005 Five percent contingency (if we knew, it $1.25M To No. 5 above for years 2-4±, then to No. wouldn't be a contingency) 3 for years 4 and beyond Last revised: 12/1/99 3:52 PM Page 4 of 4 A(~ENDA B'rLL BREMERTON CITY COUNCIL SUBJECT: Ordinance # ~Q~ /CD establishing regulatory and revenue licensing of residential rental businesses and creating a new Chapter in Title 5 of the Bremerton Municipal Code FOR AGENDA OF: ~be~. ~ ORIGINATING DEPT: Executive ORIGINATOR: Mayor Horton DATE SUBMITTED: November 3. 1999 comment on back ~/ 3. ~: if/~ssary) ~ ,' -' ' Ordinance ~7~_ ENDORSEMENT ~< INFO~FON- APPROVED BY COUNCIL PRESIDENT FOR/SUBMI_.TTA~ 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: It is proposed that the City establish revenue/regulatory licensing of businesses or individuals that rent and/or lease residential dwelling units. The large number of rental units in the City places a high demand on services such as police and fire. This licensing program will help defray those costs. RECOMMENDATION: .......... appr~vc t~l~ or ~na .... ~n Motion to pass Ordinance # ~q~ on second reading. RESPONSIBLE OFFICIAL: Admin. Services ENFORCEMENT OFFICIAL: Admin. Services EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DATE: DISAPPROV~AED 11. AGENDA BILL NO: q~. - ~( 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont,): IMPACT ON NON-PASSAGE: A potential revenue source to the general fund will be lost. e IMPACT ON STAFFINGm BUDGETS~ FACILITIES. EOUIPMENT OR OTHER RESOURCES N/A 7. RESEARCH SOURCES: ORDINANCE NO. ~ ~ .~ AN ORDINANCE establishing regulatory and revenue licensing of businesses engaged in the rental or leasing of residential dwelling units and creating a new chapter in Title 5 of the Bremerton Municipal Code and amending Chapter 5.03 of the Bremerton Municipal Code. WHEREAS, RCW 35.22.280(32) authorizes cities of the first class to license all and every kind of business for regulation and revenue purposes, now, therefore, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Chapter 5.03 of the Bremerton Municipal Code is hereby amended to read as follows: 5.03.010 PURPOSE. (a) The provisions of this chapter are intended to be an exercise of the power of the city to license the businesses described herein for the purpose of revenue, in addition to the purpose of regulation. It is not the intent of this chapter to impose license fees solely for the purpose of supporting a regulatory program. It is also not the purpose or intent of this chal~er to impose a property tax, income tax, or any other tax upon the act of owning property. The city bases the license fees established by this chapter upon the city's power and authority to license all and every kind of business, commerce, occupation, trade and profession, and all other lawful activity, for both regulatory and revenue purposes. This chapter is not intended to create or otherwise establish or designate any particular class or group of parsons who will or should be especially protected or benefitted by the terms of this chapter. Section 2. New Chapter. Chapter 5.70 of the Bremerton Municipal Code is hereby added to read as follows: CHAPTER 5.70 RESIDENTIAL RENTAL BUSINESS 5.70.010 LICENSE REQUIRED. It is unlawful for any person to conduct, operate, engage in or manage any business that consists of the rental and/or leasing, and/or the offering of the rental or leasing, of Residential Dwelling Units for profit within the City without first obtaining a revenue/regulatory license. 5.70.020 LICENSE APPLICATION. In addition to application requirements of Chapter 5.03 of the Bremerton Municipal Code the applicant shall declare the number of units rented and/or leased or offered to be rented and/or leased by the business in the City. $.70.030 LICENSE FEE. The residential rental license fee shall be $25/Residential Dwelling Unit/Year effective December 31, 1999. 5.70.040 DEFINITION. For purposes of this chapter only, Residential Dwelling Unit is defined as a structure or that part of a structure subject to the Landlord Tenant ACt, RCW 59.18, and which is used as a home, residence, or sleeping place by one or more persons maintaining a common household; including, but not limited to, single family residences and units of multiplexes, apartment buildings, and mobile homes. Extended Residential Rental Ordinance - Page 1 11117/99 - 1 family dwelling units and any other unit which is not rented or leased for profit are exempt from application of this Chapter. Section 3. Effective Date. This Ordinance shall take effect ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this 1999. day of PASSED by the City Council of the City of Bremerton this 1999. day of MIKE SHEPHERD, Council President APPROVED this day of ,1999. ATTEST: LYNN S. HORTON, Mayor KATHLEEN L. McCLUSKEY, City Clerk Residential Rental Ordinance - Page 2 11/17/99 - 1 A~ENDA BILL BREMERTON CITY COUNCIL SUBJECT: Ordinance # ~ 7 9 imposing a commercial parking tax and adding a new Chapter to Title 3 of the Bremerton Municipal Code FOR AGENDA OF: .November ~. 1999 ORIGINATING DEPT: Executive ORIGINATOR: Mayor Horto~ DATE SUBMITTED: November 3. 1999 ~: (comment on back if n~cessary) ~ City At t o rn ey.. ',~/~~~/~zt =~_ Ordinance ~7 RCW 82.80.030 RCW 82.80.070 MAYOR APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: COUNCIL PRESIDENT 4. SUMMARY STATEME~ AND REOUIREMENT FOR COUNCIL ACTION: ~,'X It is proposed that the City levy a commercial parking tax of ~ percent (~%) on parking revenues generated by commercial parking businesses to defray the costs of street repairs. This tax revenue must be dedicated to transportation purposes in accordance with RCW 82.80.070. RECOMMENDATION: --,-.~ ~ appro~ this ordinance on first r~din~. Motion to pass Ordinance # ~7~ on second reading. RESPONSIBLE OFFICIAL: Admin. Services ENFORCEMENT OFFICIAL: Admin. Services EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DATE: DISAPPROVE~ED __ 2. CLEARANCE COMMENTS (cont,): 4. SUMMARY STATEMENT (cont,): 5. IMPACT ON NON-PASSAGE: An annual tax revenue sourCe of $200,000 will not be implemented that can defray the cost of street repair. e IMPACT ON STAFFING, BUDGETS. FACILITIES, EOUIPMENT OR OTHER RESOURCES N/A 7. RESEARCH SOURCES: ORDINANCE NO. z/. ~ '7 ~' AN ORDINANCE imposing a commercial parking tax; and adding a new chapter to Title 3 of the Bremerton Municipal Code. WHEREAS, the City desires to levy a commercial parking tax in accordance with RCW 82.80.030 and which is fair to ail; now, therefore, THE CITY COUNCIL OF THE CITY OF BREMERTON DOES ORDAIN AS FOLLOWS: Section 1. New Chapter. Chapter 3.82 is hereby added to read as follows: CHAPTER 3.82 COMMERCIAL PARKING TAX 3.82.010 DEFINITIONS. For the purposes of this chapter, the following definitions shall apply unless the context indicates otherwise: A. "Commercial parking business" means the ownership, lease, operation, or management of a commercial parking lot in which fees. are charged. B. "Commercial parking lot" means a covered or uncovered area with stalls for the purpose of parking motor vehicles. C. q'reasurer" means the Treasurer of the City of Bremerton. D. ~Gross proceeds" means and includes the gross receipts collected or accruing by reason of the transaction of the commercial parking business, without any deduction on account of the cost of tangible property sold, labor costs, interest, discount, taxes, or any other costs or expenses whatsoever paid or accrued and without any deduction on account of losses. E. "Person" means any individual, association, corporation, partnership, joint venture, trust, or other entity. 3.82.020 TAX RATE -WHO MUST PAY. On and after December 31, 1999, there is levied upon and shall be collected from every person engaged in a commercial parking business within the City a commercial parking tax in an amount equal to six percent (6%) of the gross proceeds of the commercial parking business. 3.82.030 PAYMENT OF TAX. A. The tax imposed by this chapter shall be due and payable in quarterly installments, on or before the last day of the month next succeeding the end of the quarterly pedod in which the tax accrued. The quarterly pedods are as follows: 1. First quarter: January, February, March 2. Second quarter:. Apdl, May, June 3. Third quarter. July, August, September 4. Fourth quarter. October, November, December Commercial Parking Tax Ordinance - Page 1 11/16/99 B. The Treasurer may require payment of the tax to be accompanied by a written tax return, upon such form and setting forth such information as the Treasurer may reasonably require in order to calculate the amount of tax due to the City. C. The Treasurer shall have the dght to require proof of the gross proceeds of the commercial parking business. Each person required to pay the tax imposed by this chapter shall retain records reflecting the gross proceeds of the commercial parking business and the records shall be open at all reasonable hours to inspection by the Treasurer or the Treasurer's designee. D. If the payment of any tax due under this chapter is not received by the City by the last day of the month in which the tax becomes due, the tax shall be delinquent. 3.82.040 TAX - COLLECTION. The tax imposed by this chapter, and all penalties thereon, shall constitute a debt to the City and may be collected by court proceedings in the same manner as any other debt in like amount, which remedy shall be in addition to all other existing remedies. Any judgment entered in favor of the City shall include an award to the City of all court and collection costs, including attorneys' fees. Amounts delinquent more than ninety (90) days may be assigned to a third party for collection, in which case the amount of any collection charges shall be in addition to all other amounts owed. Amounts due shall not be considered paid until the City has received good funds for the full amount due or has discharged the amount due and not paid. 3.82.050 OVER OR UNDERPAYMENT OF TAX. In the event that a person makes an overpayment, and within two years of the date of such overpayment makes application for a refund for a credit, the person's claim shall be allowed and a refund made by the City upon determination by the Treasurer that no other sums are owed by the person to the City. If a person determines that the tax has been underpaid and without notice by any party pays the amount due to the City, the amount underpaid and corrected by the person shall not be subject to penalty. 3.82.060 PENALTY FOR LATE PAYMENT. (a) If payment of any tax due under this chapter is not received by the treasurer by the last day of the month in which the tax was due, there shall be added to such tax a penalty as follows: (1) One to thirty days, ten percent of tax due, minimum penalty of $25 (2) Thirty-one to sixty days, fifteen percent of tax due, minimum penalty of $50 (3) Sixty-one days or more, twenty percent of tax due, minimum penalty of $75 (b) The treasurer shall notify the taxpayer by mail of the amount of any penalties so added or assessed, and the same shall become due and shall be paid within ten (10) days from the date of such notice. 3.82.070 VIOLATION - PENALTY. A. It shall be a violation of this chapter:. (1) for a person required to pay a tax under this chapter to fail or refuse to pay the tax imposed; (2) for a person to evade payment of the tax, or any part thereof; Commercial Parking Tax Ordinance - Page 2 11116/99 (3) for a person to fail to appear and/or refuse to testify in response to a subpoena issued in any proceeding under this chapter;, (4) for a person to testify falsely upon any investigation into the correctness of a return, or upon the headng of any appeal; or (5) for a person to in any manner hinder or delay the City or any of its officers in carrying out the provisions of this chapter. B. A person violating any of the provisions of this chapter, upon conviction thereof, shall be punished by a fine of not more than $500. A person is guilty of a separate offense for each and every day dudng the portion of which any violation of any provision of this chapter is committed, continued or permitted by any such person, and shall be punished accordingly. 3.82.080 APPEAL PROCEDURE. Any person aggrieved by the amount of the tax determined to be due to the City by the Treasurer under the provisions of this chapter, may appeal to the Headngs Examiner from such determination by filing a written notice of appeal pursuant to Chapter 2.62 of the Bremerton Municipal Code. 3.82.090 CONFIDENTIALITY OF. TAX RETURNS. The tax retums made to the City pursuant .to this chapter shall not be made public, nor shall they be subject to inspection by a person who is not an employee of or under contract to the City and who is not acting in an official capacity. It shall be unlawful for any person to make public or to inform any unauthorized person as to the contents of a tax return, or to permit inspection of a tax return, except, as authorized in this section or as required by law. This section shall not be construed to prohibit the disclosure of information received under this chapter to the Federal Internal Revenue Service, State Department of Revenue, or to tax enforcement officials of any other city in the'State of Washington for official purposes only, and this section shall not be construed to prohibit or make unlawful the disclosure of the name and address of any person licensed under this chapter, or of any person signing an application on behalf of an applicant. 3.82.100 DUTIES OF THE TREASURER. A. The Treasurer shall keep full and accurate records of all funds received under the provisions of this chapter. Upon receipt of any tax or penalty collected under the provisions of this chapter, the Treasurer shall deposit the amounts collected into the street fund of the City. B. In order to carry out the provisions of this chapter, the Treasurer shall have the power to adopt, publish and enforce rules and regulations consistent with this chapter. C. The Treasurer for good cause shown may extend the time for making and filing any tax return required under this chapter, provided, that any extension in excess of thirty (30) days shall be conditioned upon payment of interest of 1% for each 30 days or portion thereof on the amount of tax from the date upon which the tax became due. 3.82.110 USE OF PROCEEDS OF TAX. The proceeds of the tax imposed and collected pursuant to this chapter shall be used stdctly for transportation purposes in accordance with RCW 82.80.070. Section 2. Effective Date. This Ordinance shall take effect ten (10) days from passage and publication, subject to Referendum procedures of RCW 82.80.090. Commercial Parking Tax Ordinance - Page 3 11116/99 APPROVED by the City Council of the City of Bremerton this __ 1999. day of PASSED by the City Council of the City of Bremerton this __ 1999. day of MIKE SHEPHERD, Council President APPROVED this day of ,1999. LYNN S. HORTON, Mayor ATTEST: KATHLEEN L. McCLUSKEY, City Clerk Commercial Parking Tax Ordinance - Page 4 11/16/99 http://search.leg.wa.gov/pub/textsear,-h/...tml&Item=2&X= 1028130633&p= 1 &X= 102813065. RCW 82.80.030 Commercial parking tax. (1) Subject to the conditions of this section, the legislative authority of a county or city may fix and impose a parking tax on all persons engaged in a commercial parking business within its respective jurisdiction. The jurisdiction of a county, for purposes of this section, includes only the unincorporated area of the county. The jurisdiction of a city includes only the area within its incorporated boundaries. (2) In lieu of the tax in subsection (1) of this section, a city or a county in its unincorporated area may fix and impose a tax for the act or privilege of parking a motor vehicle in a facility operated by a commercial parking business. The city or county may provide that: (a) The tax is paid by the operator or owner of the motor vehicle; (b) The tax applies to all parking for which a fee is paid, whether paid or leased, including parking supplied with a lease of nonresidential space; (c) The tax is collected by the operator of the facility and remitted to the city or county; (d) The tax is a fee per vehicle or is measured by the parking charge; (e) The tax rate varies with zoning or location of the facility, the duration of the parking, the time of entry or exit, the type or use of the vehicle, or other reasonable factors; and (f) Tax exempt carpools, vehicles with handicapped decals, or government vehicles are exempt from the tax. (3) "Commercial parking business" as used in this section, means the ownership, lease, operation, or management of a commercial parking lot in which fees are charged. "Commercial parking lot" means a covered or uncovered area with stalls for the purpose of parking motor vehicles. (4) The rate of the tax under subsection (1) of this section may be based either upon gross proceeds or the number of vehicle stalls available for commercial parking use. The rates charged must be uniform for the same class or type of commercial parking business. (5) The county or city levying the tax provided for in subsection (1) or (2) of this section may provide for its payment on a monthly, quarterly, or annual basis. Each local government may develop by ordinance or resolution rules for administering the tax, including provisions for reporting by commercial parking businesses, collection, and enforcement. (6) The proceeds of the commercial parking tax fixed and imposed under subsection (1) or (2) of this section shall be used strictly for transportation purposes in accordance with RCW 82.80.070. [ 1990 c 42 § 208.] 1 of 1 10/28/99 11:31 A~ http://search.leg~wa, gov/pub/textsearch/...tml&Item=3&X= 1028130633&p= 1 &X= 102813082 RCW 82.80.070 Use of revenues. (1) The proceeds collected pursuant to the exercise of the local option authority of RCW 82.80.010, 82.80.020, 82.80.030, and 82.80.050 (hereafter called "local option transportation revenues") shall be used for transportation purposes only, including but not limited to the following: The operation~and~preservation of roads, streets, and other transportation improvements; new construction, reconstruction, and expansion of city streets, county roads, and state highways and other transportation improvements; development and implementation of~pubtiC~transporta~ion'a~d~'high'cap~c±ty"transit im~rovements~and~programs;and planning!~z~des~gnT~and~acq//isitiOn~of righ~.of~way~and,~sites~forsuch transportation PUrposes~'The~proceeds'collected~f~0m exCise taxes on the sale, distribu~ion,.~.or use of motor vehicle fuel and Special fuel under RCW 82.80.010 shall be used exclusively for "highway purposes" as that term is construed in Article II, section 40 of the state Constitution. (2) The local option transportation revenues shall be expended for transportation uses consistent with the adopted transportation and land use plans of the jurisdiction expending the funds and consistent with any applicable and adopted regional transportation plan for metropolitan planning areas. (3) Each local government with a population greater than eight thousand that levies or expends local option transportation funds, is also required to develop and adopt a specific transportation program that contains the following elements: (a) The program shall identify the geographic boundaries of the entire area or areas within which local option transportation revenues will be levied and expended. (b) The program shall be based on an adopted transportation plan for the geographic areas covered and shall identify the proposed operation and construction of transportation improvements and services in the designated plan area intended to be funded in whole or in part by local option transportation revenues and shall identify the annual costs applicable to the program. (c) The program shall indicate how the local transportation plan is coordinated with applicable transportation plans for the region and for adjacent jurisdictions. (d) The program shall include at least a six-year funding plan, updated annually, identifying the specific public and private sources and amounts of revenue necessary to fund the program. The program shall include a proposed schedule for construction of projects and expenditure of revenues. The funding plan shall consider the additional local tax revenue estimated to be generated by new development within the plan area if all or a portion of the additional revenue is proposed to be earmarked as future appropriations for transportation improvements in the program. (4) Local governments with a population greater than eight thousand exercising the authority for local option transportation funds shall periodically review and update their transportation program to ensure that it is consistent with applicable local and regional transportation and land use plans and within the means of estimated public and private revenue available. (5) In the case of expenditure for new or expanded transportation facilities, improvements, and services, priorities in the use of local option transportation revenues shall be identified in the transportation program and expenditures shall be made based upon the following criteria, which are stated in descending order of weight to be attributed: (a) First, the project serves a multijurisdictional function; (b) Second, it is necessitated by existing or reasonably foreseeable congestion; (c) Third, it has the greatest person-carrying capacity; (d) Fourth, it is partially funded by other government funds, such as from the state transportation improvement board, or by private sector contributions, such as those from the local transportation act, chapter 39.92 RCW; and 1 of 2 ~ 10/28199 11:32 A~ http://search.leglwa.gov/pub/textsearch/...tml&Item=3&X= 1028130633&p= 1 &X= 102813082 (e) Fifth, it meets such other criteria as the local government determines is appropriate. (6) It is the intent of the legislature that as a condition of levying, receiving, and expending local option transportation revenues, no local government agency use the revenues to replace, divert, or loan any revenues currently being used for transportation purposes to nontransportation purposes. The association of Washington cities and the Washington state association of counties, in consultation with the legislative transportation committee, shall study the issue of nondiversion and make recommendations to the legislative transportation committee for language implementing the intent of this section by December 1, 1990. (7) Local governments are encouraged to enter into interlocal agreements to jointly develop and adopt with other local governments the transportation programs required by this section for the purpose of accomplishing regional transportation planning and development. (8) Local governments may use all or a part of the local option transportation revenues for the amortization of local government general obligation and revenue bonds issued for transportation purposes consistent with the requirements of this section. [1991 c 141 § 4. Prior: 1990 c 42 § 212.] 2 of 2 10/28/99 11:32 A5 BILL SUBJECT: Ordinance # amending penalty amounts for civil infractions and misdemeanors and amending several chapters of the Bremerton Municipal Code BREMERTON CITY COUNCIL FOR AGENDA OF: ~r ~. 1999,, ORIGINATING DEPT: Executive ORIGINATOR: Mayor Horton DATE SUBMITTED: November 3~ 1999 ~: (comment on back ~ 3. ~: if necessary) -.:3 , Ordinance city Attorney~ ~~"9/~/L~,/~-~/,~P~-~--~-~/> ' // EN RS NTX IN 9 ,,, TIO A ' 'ROVED COUNCIL 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: It is proposed that the City establish a higher ceiling for civil infraction penalties to $1,000 in order to give the Municipal Court Judge greater ability to assess more appropriate fines. RECOMMENDATION: thl~ ~4 .... ~ on first reading__. Motion to pass Ordinance #~~ on second reading· RESPONSIBLE OFFICIAL: Admin. Services ENFORCEMENT OFFICIAL: Admin. Services EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. APPROVED DATE: NOTICE OF ACTION DISAPPROVED AMENDED 11. AGENDA BILL NO: 30 CLEARANCE COMMENTS (cont.): 4. ~UMMARY ~TATEMENT (cont.!: Se IMPACT ON NON-PASSAGE: civil infraction fines will not increase. IMPACT ON STAFFING. BUDGETS~ FACILITIES. EOUIPMENT OR OTHER RESOURCES N/A 7. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE amending maximum penalties for misdemeanors and civil infractions and amending Chapters 1.12, 2.96, 3.44, 3.64, 3.72, 5.48, 5.54, 5.84, 6.04, 6.28, 7.05, 9.06, 9.14, 9.18, 9.29, 9.37, 9.39, 10.04, 10.12, 10.16, 11.08, 11.10, 13.04, 17.56, 21.02 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. The following Sections of the Bremerton Municipal Code are hereby amended to read as follows: Chapter 1.12 PROSECUTION FOR VIOLATIONS 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. Unless otherwise specified, a civil infraction is punishable by a maximum penalty of $1,000.00 not including statutory assessments, with the actual amount of the penalty up to the maximum being with the discretion of the court. CHAPTER 2.96 CODE OF ETHICS 2.96.070 CIVIL PENALTY AND ADDITIONAL REMEDIES. Violations shall pay a civil penalty of up to One Thousand Dollars ($1,000.00) or three (3) times the economic value of anything received in violation of this chapter, whichever is greater. Any monetary penalty assessed civilly shall be placed in the City's general fund. The Headng Examiner will also have the authority to issue orders specified in BMC 2.96.050(G). CHAPTER 3.44 ADMISSIONS TAX 3.44.140 VIOLATION - PENALTY. Anyone who shall violate or fail to comply with any of the provisions of this chapter shall upon conviction be guilty of a civil infraction and subject to the provisions of BMC Chapter 1.12, and each day any person shall continue to violate or fail to comply with the provisions of this chapter shall be deemed and considered a separate offense. CHAPTER 3.64 CiViC IMPROVEMENT FUND 3.64.070 VIOLATION - PENALTY. Any person violating or failing to comply with any of the provisions of this chapter or any lawful rule or regulation adopted by the City Treasurer pursuant thereto, upon conviction thereof, shall be guilty of a civil infraction and subject to the provisions of BMC Chapter 1.12. Each day of violation will be considered a separate offense. Penalties Ordinance - Page 1 11/4/99 CHAPTER 3.72 GAMBLNG TAX 3.72.160 VIOLATION - PENALTIES. Anyone who violates or fails to comply with any of the provisions of this chapter shall, upon conviction, be guilty of a civil infraction subject to the provisions of BMC Chapter 1.12, and each day any person shall continue to violate or fail to comply with the provisions of this chapter shall be deemed and considered a separate offense. CHAPTER 5.48 SALE AND DISTRIBUTION OF MALT UQUOR 5.48.020 VIOLATION - PENALTY. Violation of this chapter is a misdemeanor and, upon conviction thereof, shall be subject to the provisions of BMC Chapter 1.12. CHAPTER 5.54 TAXICABS 5.54.350 VIOLATIONS - PENALTY. Any person violating any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be subject to the provisions of BMC Chapter 1.12. CHAPTER 5.84 SOUND EQUIPMENT 5.84.040 PENALTY FOR VIOLATION. Any person, firm or corporation violating any of the provisions contained in this chapter, upon conviction thereof, shall be guilty of a misdemeanor and subject to the provisions of BMC Chapter 1.12. CHAPTER 6.04 GARBAGE AND REFUSE 6.04.160 PENALTY FOR VIOLATIONS. Except as otherwise provided by this chapter, all violations of the provisions of this chapter shall constitute civil infractions and be subject to the provisions of BMC Chapter 1.12. Each day of violation shall be deemed a separate infraction. The base penalty per day or portion thereof for each violation is as follows: i. First Conviction - $81.00/Day ii. Second Conviction for Same Violation - $144.00/Day iii. Third Conviction for Same Violation - $212.00/Day iv. Additional Convictions for Same Violation in Excess of Three - $313.00/Day CHAPTER 6.28 UNIFORM LITTER CONTROL CODE 6.28.170 PENALTIES. Any person violating any of the provisions of this chapter is guilty of a misdemeanor, and subject to the provisions of BMC Chapter 1.12. CHAPTER 7.05 ADMINISTRATION 7.05.200 VIOLATION - PENALTY. Unless another penalty is expressly provided for, all acts, conduct, and events prohibited or declared unlawful in this Title shall constitute civil infractions and subject to the provisions of BMC Chapter 1.12. The base penalty per day or portion thereof for each violation is as follows: Penalties Ordinance - Page 2 11/4/99 a. First Violation $36.00 b. Second Violation for same offense. $60.00 c. Additional Violation for same offense in excess of two. Each day of violation shall be deemed a separate infraction. $79.00 CHAPTER 9.06 POLICE DOGS 9.06.010 INJURING OR INTERFERING WITH POLICE DOGS PROHIBITED - PENALTIES. (a) It is unlawful for any person to knowingly stdke, injure, attempt to injure, restrain by holding a collar or harness, or in any way interfere with the duties of any police dog used by a police officer while performing a police duty or function. (b) Any person convicted of viol.ating this chapter, or any part hereof, shall be guilty of a misdemeanor and subject to the provisions of BMC Chapter 1.12. (c) In addition, any person convicted of a violation of the provisions of this chapter shall be required to contribute one hundred dollars to the Police Department Canine Unit Fund, and such contribution shall not be suspended or deferred. CHAPTER 9.14 VEGETATION 9.14.070 FAILURE TO REMOVE - PENALTY. The owning or maintaining of any trees, plants, shrubs, vegetation or parts thereof, in the manner described in Section 9.14.010 is hereby declared to be a public nuisance. Anyone violating the provisions of this chapter by failing to abate such nuisance within the time specified in the notice herein before described or within the time set by resolution of the city council, whichever time may be later, shall upon conviction thereof by guilty of a misdemeanor and subject to the provisions of BMC Chapter 1.12. CHAPTER 9.18 NO SMOKING SIGNS 9.18.050 PENALTY FOR VIOLATION. Any person convicted of violating the provisions of this chapter shall be guilty of a misdemeanor and subject to the provisions of BMC Chapter 1.12. CHAPTER 9.29 NUDITY IN PUBLIC PLACES 9.29.030 VIOLATION - PENALTY. Any person convicted of violating this chapter, or any part hereof, shall be guilty of a misdemeanor and subject to the provisions of BMC Chapter 1.12. CHAPTER 9.37 UNFAIR HOUSING PRACTICES 9.37.060 PENALTY. Any person convicted of violating this chapter, or any part hereof, shall be guilty of a misdemeanor and subject to the provisions of BMC Chapter 1.12. CHAPTER 9.39 SOLICITING 9.39.030 POSTED PROPERTY. The posting or placing of a legible sign near the front entrance of any private residence or apartment house within the city of Bremerton, bearing the words, "No Agent", "No Peddlers", Penalties Ordinance - Page 3 11/4/99 "No Solicitors", "No Trespassers', or words of similar import, by the owner, owners, occupant or occupants thereof, shall be a good and sufficient legal warning to any solicitor, peddler, hawker, itinerant merchant, transient peddler of merchandise, or any other person, not to trespass or go in, upon or to the premises so posted for the purpose of soliciting orders for the sale of goods, wares and merchandise, or disposing of, peddling, hawking, demonstrating, or exhibiting the same. Any person, who wilfully goes or remains upon any premises so posted for such purposes, without having been requested or invited so to do by the owner or owners, occupant or occupants of such premises, is guilty of a trespass, and upon conviction thereof shall be guilty of a misdemeanor and subject to the provisions of BMC Chapter 1.12. CHAPTER 10.04 STATE STATUTES 10.04.070 PENALTIES. Unless another penalty is expressly provided by law in the MTO or in the statutes that are adopted by reference therein, any person who is convicted of violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and subject to the provisions of BMC Chapter 1.12. CHAPTER 10.12 BICYCLES AND SKATEBOARDS 10.12.040 VIOLATION - PENALTY. Any person violating any of the provisions of Section 10.12.030 is guilty of a civil infraction and subject to a base penalty of $50.00 pursuant to BMC Chapter 1.12. CHAPTER 10.16 TURNING MOVEMENTS 10.16.010 U-TURNS PROHIBITED - EXCEPTION - PENALTY. No Vehicle shall be turned so as to proceed in the opposite direction upon any street or highway of the City excepting at street intersections within the City where U-turns are not specifically prohibited by sign or other traffic control device. It is a misdemeanor for any person to violate this provision and upon conviction thereof said person shall be fined pursuant to BMC Chapter 1.12. CHAPTER 11.08 SIDEWALKS - CONSTRUCTION, IMPROVEMENTS AND MAINTENANCE 11.08.150 PENALTY FOR VIOLATION OF 11.08.090-11.08.140. Any person violating any of the provisions of Sections 11.08.090 through 11.08.140 is guilty of a misdemeanor and subject to the provisions of BMC Chapter 1.12. CHAPTER 11.10 SIDEWALKS - DUTIES OF ABUTTING PROPERTY OWNERS 11.10.050 PENALTY FOR VIOLATION. Any person, firm or corporation violating any of the provisions of this chapter shall, upon' conviction thereof, be guilty of a misdemeanor and subject to the provisions of BMC Chapter 1.12. CHAPTER 13.04 PARK CODE 13.04.180 PENALTY FOR VIOLATIONS. Penalties Ordinance - Page 4 11/4/99 Violation of or failure to comply with the provisions of this chapter shall constitute a misdemeanor and, upon conviction thereof, be subject to the provisions of BMC Chapter 1.12. CHAPTER 17.56 CERTIFICATES OF OCCUPANCY 17.56.090 VIOLATION - PENALTY. Any person who obtains a utility service connection in violation of this chapter is guilty of a misdemeanor and subject to the provisions of BMC Chapter 1.12. CHAPTER 21.02 ZONING CODE 21.02.945 VIOLATION OF ZONING CODE. (e) Civil Penalty: (1) Except as otherwise provided by this chapter, all violations of the provisions of this chapter shall constitute civil infractions and with each day of violation being deemed a separate-infraction. (2) The base penalty per day or portion thereof for each violation is as follows: i. First Conviction $100/Day ii Second Conviction for Same Violation $200/Day iii. Third Conviction for Same Violation $300/Day iv. Additional Convictions for Same Violation in Excess of Three $500/Day (3) Continued Duty to Correct. Payment of a civil penalty pursuant to this chapter does not relieve a person of the duty to correct a violation as ordered by the Director of Community Development. Section 2. Effective Date. This Ordinance shall take effect ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this 1999. day of PASSED by the City Council of the City of Bremerton this 1999. day of APPROVED this __ day of MIKE SHEPHERD, Council President ,1999. A'I-I'EST: LYNN S. HORTON, Mayor KATHLEEN L. McCLUSKEY, City Clerk Penalties Ordinance - Page 5 11/4/99 PUBLIC WORKS AND UTILITIES ENGINEERING DIVISION MONTHLY STATUS REPORT PRESENTED TO THE CITY COUNCIL ON DECEMBER 1, 1999 RANDY WI'IT, CITY ENGINEER BTC PROJECT UPDATE RANDY WITT, CITY ENGINEER PUBLIC WORKS PROJECTS UPDATE JEFF SHEA, SENIOR ENGINEER UTILITY PROJECTS UPDATE TOM KNUCKEY, SENIOR ENGINEER SR304 TRANSPORTATION IMPROVEMENT PROJECT LYNN PRICE, PROJECT MANAGER SPECIAL PROJECTS UPDATE DAN MILLER, PROJECT MANAGER BTC Project Monthly Update to the City Council December 1, 1999 Study Session Dick Hayes will present an overview of the direction the BTC is proceeding on after passage of 1-695 [some items are covered below]. Significant items of work performed in the last month: · Removing the bulkhead in the First Street dock area. · Driving piles and forming caps in the "B" float area. · The Vortechnics Stormwater filter was placed. · Continued work in the building (electrical, mechanical, painting, insulation, etc.). · Forming and pouring the bus barrier on the transit deck. · Application made for vacation of rights of water in the project area. The vacation hearing is set for December 22, 1999. Significant upcoming items: · Framing and insulation of the first floor walls. · Installation of the ceramic tiles. · Pave auto-holding lanes with ATB. · Set the emergency generator. · Complete the stormwater outfall. · Continue the building construction. Significant BTC modifications to compensate for 1-695 funding shortfall being considered: · Complete Float A (the passenger-only ferry docking float) to a logical stopping place and store. · Complete Float B and set at end of float with the stairs (slide south of current position). The Horluck ferry will use this float. WSF Passenger ferries can use this float. · Continue with Phase C (acquisition and relocation of the Navy CenCom to allow a connection with Pacific Avenue) to the extent possible. · Working to include covered shelter area for Horluck ferry passengers. '-PUBLIC WORKS PROJECT UPDAT~ MONTHLY REPORT NOVEMBER, 1999 WERNER ROAD CORRIDOR/WEST HILLS COMMERCIAL IMPROVEMENTS · WSDOT has denied request for a detention pond due to safety considerations · Consultant has finished the Biological Assessment (may affect, not likely to adversely affect) and we forwarded to WSDOT for action · Continuing the design work on Werner Road and Rogers Street alignments, and retaining walls that will be necessary when widening the road · Skillings-Connoly forwarded 90% design submittal for the traffic signals and lighting · Received Warner Engineering 90% design plans and estimate for stormwater improvements Right-of-Way Acquisition · Stroble CRoto Rooter) - signed for $5500 · US West- price agreed upon, finalizing the documents · ParaTransit- expect acceptance of offer · Gartin (CED) - signed agreement, pending approval of mortgage company · Parr - preliminary acceptance of offer · Pierce (Chrysler) - seeking his own appraisal, voluntary possession & use agreement · Harris - tentatively accepted counter offer · Davis (private residences) - indicate they are seeking own appraisal and legal counsel · Barcelon (Truck Town) - negotiating price and work · State Patrol - preliminary agreement, working drainage issue · Hazelwood- negotiating CALLOW CSO, PRIORITY 3 & 5 · Negotiating (contingent on SRF loan approval) with Montgomery Watson for consulting services for the design of project. Considering in-house design. · Received a preliminary offer for SRF loan in the amount of $575K. Negotiating with DOE on agreement for the SRF loan. · Received authority for reimbursement of back charges to August 18~. BURWELL HILL CLIMB · City crews have completed concrete work · Awaiting delivery of 3 light poles PINE ROAD CSO FACILITY PLAN · Project to be awarded to HDR Engineering - approved by Council · HDR reviewing overflow data 1999 TRAFFIC CALMING PROGRAM · Roosevelt to get 2 humps which will exhaust this year's funds · Rainier Avenue/13~ Street to 15~ Street, 2 humps installed, funded by residents · Marion Avenue and 6~ Street, Frances Haddon Morgan Center to fund 2 humps Jeff Shea, Senior Engineer 11/22/99 ENGINEERING DIVISION UTILITY PROJECT UPDATE OCTOBER 1999 MISCELLANEOUS WATER PROJECTS · Final comments are being incorporated into the plans and specifications for the Quarry Avenue Pump Station. Advertisement is anticipated in the coming weeks. W650 ZONE IMPROVEMENTS · 'Staff are reviewing the 60% design documents and will provide comments for incorporation into the final design. ANDERSON COVE CSO · Modifications to the overflow structure and associated piping at pump station CW-1 is under construction and anticipated to be complete in the coming weeks. PUMP STATION CW-2 UPGRADE The Contractor installed the vaults required for this project the week of November 8~h. Installation of the pump station piping and electrical controls are currently underway. The new pump station is scheduled to be on-line by the end of December. SNYDER AND OHIO AVENUE SEWERS Installation of the Snyder Avenue Forcemain is anticipated to be complete the week of November 22ha. Installation of the Ohio Avenue forcemain is complete. The storm sewer on Ohio Avenue is approximately 90 percent complete. All work with the exception of final paving is anticipated to be complete by the end of November. CSO REDUCTION PLAN UPDATE A project kickoff meeting was held with the consultant on November 8, 1999 for this project. Staff are currently coordinating flow monitoring locations with HDR for incorporation into the model, and developing a project completion plan. City forces have completed smoke testing of sewers in East Bremerton, and will complete dye testing of East Bremerton by the end of the year. This information will be used by the Consultant to identify required capital improvements in the basins. RESERVOIR NO. 4 - OUTLET PIPE AND COVER REPLACEMENT · Staff are finalizing a scope of work and budget for this project. An agenda bill for this project will be presented to Council for consideration in the coming weeks. Monthly Utility Project Update -1- SR304 TRANSPORTATION IMPROVEMENT PROJECT Monthly Report November 1999 FUNDING As a result of the passage of I 695, $8,800,000 of the $37,888,000 in funding allocated to this project is lost pending any adjustments by the State Legislature. The Gateway phase of the project from Porter Street and Cambrian Avenue to Burwell Street and Montgomery Avenue is not effected by this loss of funding. The construction of the section from the SR3/304 Interchange to Porter Street will be impacted. Staff is reviewing various options for continuing with this section of the project within the reduced funding level. RIGHT OF WAY ACQUISITION (as of November 19, 1999) Of the seventy-three properties within the early acquisition area between Porter Street and First Street, all have been acquired or we have received possession and use agreements. The condemnation process is still proceeding on the five properties that we have received possession and use agreements. Of the twelve partial take properties located between First Street and Burwell Street on Callow Avenue, ten properties have been acquired. A voluntary possession and use agreement should be obtained on the Midas Muffler property by the end of November. The 7/11 property has been sent to the Washington State Attorney General's Office to begin condemnation proceedings, but we expect to receive a possession and use agreement on the property by early December. STRUCTURE DISPOSAL · City crews are in the process of demolishing buildings and cleaning up the remaining properties within the Gateway phase. Work will continue into January of next year, at which time the entire project site will be cleared. · Seven houses have been moved by Orca Construction. The house located at 201 Wycoff Avenue will be moved by the end of November. · 322 and 302 Cambrian Avenue will be moved under a building move contract by the middle of December. PUBLIC OUTREACH · No activity this month. SR304 Transportation Improvement Project Page 1 ENVIRONMENTAL CLEANUP Eleven bids were received on the contract to remove underground storage tanks and petroleum-contaminated soil from four parcels of property within the Gateway section of the project. The apparent Iow bidder is Stemen Environmental Inc. with a Iow bid of $68,277.98. The approval of the contract will be before the City Council on November 23, 1999. If approved the work should be completed by the end of December. LANDSCAPE COMMITTEE · No new activity. GATEWAY IMPROVEMENTS (Porter Street to Montgomery Avenue) The consultant will have the plans and specifications for the project finalized by the end of November. Until we have possession of all of the right-of-way and have received approval of the Biological Assessment, which complies with the Endangered Species Act, this phase of roadway improvements cannot be advertised for bid. We anticipate that we will receive approval to advertise this contract by the middle of December or early January. This phase of work would be under construction early next year and will not be completed until the spring of 2001. BIOLOGICAL ASSESSMENT The Biological Assessment (BA) has been approved by USFWS, but is still waiting for review by the National Marine Fisheries Service (NMFS). The BA is the critical item that needs to be obtained in order to proceed with the construction of the Gateway Improvements. LP/ab Project File: COMM/PP-J3.2 Lynn Price, Project Manager SR304 Transportation Improvement Project Page 2 PUBLIC WORKS & UTILITIES PROJECT UPDATE NOVEMBER 1999 EVERGREEN PARK --- PHASE I RENOVATION · Completed review and mover of As-Built Drawings and Operation & Maintenance Manuals to Parks & Recreation Department. · Completed project closeout documentation. EVERGREEN PARK---PHASE II REMEDIATION · Acquisition of the Loffhus property continues this report period. · The building Asbestos and Lead Paint Survey is approximately 85% complete and aWaking right-of- entry to the Loffhus property to complete the survey. · Presently, the Building Demolition specification is 90% complete and currently under review. · The Base Map/Site Plan for the schematic park design alternatives is underway. · The plans and specifications for the Underground Storage Tank (UST) removal is approximately 30% complete this period. MANETTE BALLFIELD IMPROVEMENTS Golf Landscaping, Inc. mobilized on-site according to their Notice-To-Proceed (NTP) on Monday, November 15th. Presently, the erosion controls have been installed while installation of storm drainage piping is underway along with the field sub-drainage system. WARREN AVENUE "CARPENTER FIELD" IMPROVEMENTS Presently, the topographic survey is underway to define the existing drainage, and ground surface elevations, etc. along with establishment of elevated temporary benchmarks for design and construction improvements. 11/99d.~n PUBLIC WORKS AND UTILITIES 3027 Olympus Drive · Bremerton, WA 98310-4799 · (360) 478-5318 · FAX (360) 478-5018 MEMORANDUM TO: FROM: DATE: SUB J: Mayor Lynn S. Horton City Council W. Eugene Sampley, P.E., Director of Public Works and Utilities October 19, 1999 Draft Ordinance Inappropriate Stormwater Inflow to the Wastewater System I have enclosed the following draft copies of two ordinances and a summary sheet regarding improper stormwater inflow for your review. · A summary of the major features of the ordinance establishing a program for the elimination of improper stormwater inflow. · The ordinance establishing a program for the elimination of improper stormwater inflow. · The ordinance establishing rates for improper stormwater inflow. I have requested to schedule this for presentation at a City Council study session on ~ 1999, and the City Council meeting on-N~g~a~-l~, 1999. '~~0~- I ~-' ) WES:RW:ab CC: Randy Witt, City Engineer Rich Hanna, City Treasurer Glenna Malanca, City Attomey Peggy Lesser, Risk Manager Paula Johnston, Deputy City Clerk Enclosures 99322 Equal Opportunity Employer SUMMARY ORDINANCE REGARDING PROGRAM FOR ELIMINATION OF STORMWATER INFLOW TO THE WASTEWATER SYSTEM Stormwater inflows to the wastewater system contribute to combined sewer overflow (CSO) events, sanitary sewer surcharging and increased wastewater storage, conveyance and treatment costs. A stormwater inflow to the wastewater system typically takes the form of roof drains, parking lot drains, foundation drains, curtain drains and driveway drains. These inflows are called inappropriate stormwater inflows. Removal of these inappropriate stormwater inflows is a critical element in meeting the City's goals and schedule for reduction of CSO events. Furthermore, removal of inappropriate stormwater inflows at the property is considered very cost-effective compared to City construction of public works projects that would otherwise convey, store and treat the stormwater inflow in the wastewater system. To address this, City staff has prepared an ordinance that establishes' a program for elimination of inappropriate stormwater inflow, to the greatest extent reasonably possible, from the wastewater system. The key elements of that ordinance are: · Definition of Inappropriate Stormwater Inflow: An inappropriate stormwater inflow is defined as a stormwater connection or inflow to the wastewater system prohibited by the Bremerton Municipal Code. Examples of this include, but are not limited to, roof drains, parking lot drains, foundation drains, curtain drains and driveway drains. · Disconnection is required by 2005. The ordinance requires that all inappropriate stormwater inflows to the wastewater system be disconnected by January 1, 2005, unless otherwise authorized by the Director of Public Works and Utilities (Director). This authorization is envisioned where there is no practicable alternative for elimination of the inappropriate stormwater inflow. An example of this may be a driveway drain that is too Iow to be connected to the storm drainage system rather than the wastewater system, or an area where there is no storm drainage system available to which a connection can be made. · Director's authority to order early disconnection. The Director will have the authority to order early disconnection of inappropriate stormwater inflow prior to January 1, 2005 in areas where the City is pursuing CSO reduction plans and disconnection of the inappropriate stormwater inflows support cost-effective implementation of that plan. · Establishment of target areas. Target areas will be identified within the wastewater service area that have the highest priority for reduction of inappropriate stormwater inflows. It is envisioned that these target areas will be coincident with the CSO reduction plan project areas. Specific target areas may be established to eliminate sanitary surcharge problems as they are identified. Summary of the Program for Elimination of Inappropriate Stormwater Inflow to the Wastewater System October 14, 1999 Page 1 Notice. All customers will be notified of the Program through a notice in the utility bills. Additionally, owners of property identified as having inappropriate stormwater inflows will be notified individually in writing no less than ninety (90) days prior to the date separation is to occur. Residential Disconnection Assistance Program. The ordinance will establish a program to assist residential property owners (owners of single family or duplex residences) in the elimination of inappropriate stormwater inflows to the wastewater system. The program may include the following elements: · Technical assistance to property owners. ,~ · Provision of supplies for incorporation of work upon residential property. · Work in the right-of-way that supports the residential property improvements. · Funding of residential property improvements through grants and loans. The City Council will periodically establish funding ~or the program and set limits and terms of loans or grants. The ordinance sets forth a process for implementation of the program that includes the following elements: · Establishment of a scope of work. · Prioritization in target areas. · Application and agreement. · Reimbursement criteria for work on the single and duplex residential property by contractor or owner. The ordinance establishes a new rate for inappropriate stormwater inflow to the wastewater system. The rate has the following elements: · It is based on the stormwater impervious surface units (ISU) for that property. · It is a progressive rate, increasing as a fraction of the stormwater ISU for each property. The progression starts at 25% of the stormwater fee in effect for a property in January 2002 ($1.00 per residential household at the 1999 rate), increasing 25% a year to 100% of the stormwater fee in effect on January 1, 2005. · The inappropriate stormwater inflow fee is only for those properties that have inappropriate stormwater inflow to the wastewater system. It is n..ot a citywide fee. It is intended to be a rate to account for the cost of conveyance, storage and treatment of the stormwater through the City wastewater system. · Funds collected through this rate schedule are intended to be used to fund the Residential Disconnection Assistance Program until 2005, then go to the wastewater fund for conveyance, storage, and treatment. Summary of the Program for Elimination of Inappropriate Stormwater Inflow to the Wastewater System October 14, 1999 Page 2 · The ordinance allows the City to enter onto private property and abate, at the expense of the owner, inappropriate stormwater inflows that exist subsequent to the disconnection timeframe specified. · The Right-of-Way Use Ordinance is modified to allow a Iow cost permit for homeowners performing stormwater disconnection work in the sidewalk and curb area. RW/ab Or'd, Summary, Inappropriate Stormwater Inflow Summary of the Program for Elimination of Inappropriate Stormwater Inflow to the Wastewater System October 14, 1999 Page 3 AGENDA BILL BREMERTON CITY COUNCIL SUB. CT: ORDINANCE # , ESTABLISHING A PROGRAM FOR ELIMINATION OF STORMWATER INFLOW TO THE WASTEWATER SYSTEM (BMC 15.01, 15.04, 15.06, 11.02) FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: November 10, 1999 PW&U Engineering Div. W. Eugene Sampley, Director PW&U October 7, 1999 2. CLEARANCES: (comment on back if necessary) City Attorney City Treasurer City Clerk Risk Manager Heard at City Council Study Session of November 3, 1999. A. Ordinance No. , Program for Elimination of Stormwater Inflow to the Wastewater System. B. Summary of the major features of the Stormwater Inflow Ordinance. ENDORSEMENT MAYOR INFORMATION APPROVED By COUNCIL PRESIDENT FOR SUBMITTAL: COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: City staff have prepared an ordinance that develops a program to eliminate stormwater inflow to the wastewater system. The ordinance adds a new section to existing BMC Chapter 15.01.020, Definitions, adding a definition for inappropriate stormwater inflow, adds a new section BMC 15.04.130, Elimination of Stormwater Inflow to the Wastewater System, modifies BMC Chapter 11.20 Vacation of Public Rights-of-Way to allow a reduced Right-of- Way Permit fee for homeowners doing stormwater disconnection work in the curb and sidewalk areas of a street, and adds a new section to Chapter 15.06.050 Rates, Stormwater establishing a fee for property owners who have an inappropriate stormwater discharge to the wastewater system. A summary of the major features of the ordinance has been prepared and is attached. Staff recommends passage of this ordinance. 8. RECOMMENDATION: A. Motion to approve the attached Ordinance, related to establishing a program for elimination of stormwater inflow to the wastewater system, upon first reading. B. Motion to pass Ordinance Number ., related to establishing a program for elimination of stormwater inflow to the wastewater system, upon second reading. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: City Engineer N/A PULLED TABLED COUNCIL DIRECTIVE 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED DATE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IM~PACT ON NON-PASSAGE: Inappropriate stormwater inflow into the wastewater system will continue unchanged. The combined sewer overflow systems being developed by the City will have to be sized to address these stormwater inflows, causing a greater expense to the wastewater and stormwater systems. Additionally, the City will have an increased risk of violating State and Federal laws and Court Orders if the inappropriate stormwater connections are allowed to remain. 6. IMPACT ON STAFFING, BUDGETS. FACILITIES, EQUIPMENT OR OTHER RESOURCES: Larger facilities for the conveyance, storage, pumping and treatment of wastewater flows will be necessary. Additional staff time will be required to maintain the larger systems. The Ordinance requires separate City Council authorization to fund the Residential Disconnection Assistance Program. 7. RESEARCH SOURCES 99323/AGENDABILI_/IMPROPER STORMWATER INFLOW, ab DRAFT ORDINANCE NO. AN ORDINANCE establishing a Program for Elimination of Stormwater Inflow to'.the Wastewater System and amending Chapters 15.01 General Provisions, 15.04 Stormwater, 15.06 Assessments, Rates, Fees and Charges and 11.02 Right of Way Use. Whereas, inappropriate stormwater inflow to the wastewater system exists within the wastewater service area, and; Whereas, inappropriate stormwater inflow may typically take the form of roof drains, parking lot drains, foundation drains, curtain drains and driveway drains, and; Whereas, these inappropriate stormwater inflows contribute to combined sewer overflow events, sanitary sewer surcharging and increased wastewater storage, conveyance and treatment costs, and; Whereas, in 1994 the Bremerton Municipal Code was modified to prohibit any stormwater connections to the sewer system [BMC 15.03.210(b)(11)], and; Whereas, many inappropriate stormwater inflows were in existence prior to 1994, and; Whereas, the City is implementing plans to reduce or eliminate combined sewer overflow events and sanitary sewer surcharges, and; Whereas, removal of inappropriate stormwater inflow to the wastewater system is a critical element of meeting the City's goals on reduction of combined sewer overflow events and sanitary sewer surcharging, and; Whereas, the City has developed a program to eliminate, where possible, these inappropriate stormwater inflows to the wastewater system, and establish a rate for conveyance and treatment of those inflows; DRAFT ORDINANCE PROGRAM FOR ELIMINATION OF INAPPROPRIATE PRIVATE STORMWATER INFLOW Page 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Chapter 15.01 General Provisions is hereby amended to read as follows: 15.01.020 DEFINITIONS (i) (4) "Inappropriate Stormwater Inflow" shall mean any kind of stormwater connection or inflow to the wastewater system prohibited by this chapter including, but not limited to; roof drain.s, parking lot drains, foundation drains, curtain drains and driveway drains. /A~ (5) "Industrial user" (5) (6)"Infiltration"... /~e) (7) "Inflow"... Section 2. Addition. Section 15.04.130 is hereby added to Chapter 15.04, Stormwater, to read as follows: 15.04.130. ELIMINATION OF INAPPROPRIATE STORMWATER INFLOW TO THE WASTEWATER SYSTEM. (a) Purpose. The purpose of this section is to significantly reduce inappropriate stormwater inflow to the wastewater system in order to eliminate or reduce instanCes of combined sewer overflow events and surcharged sanitary sewers due to the stormwater inflows, which ara detrimental to public health and welfare; and to maximize efficient operation of the wastewater collection system and treatment plant. (b) Disconnection Required by 2005. Disconnection of all inappropriate stormwater inflow to the wastewater system shallbe made by January 1, 2005, unless continued connection is authorized by the Director where no practicable alternative for elimination of the inappropriate stormwater inflow is available. (c) Director's Authority to Order Early Disconnection. (1) Purpose. The Director has the authority to order the disconnection of inappropriate stormwater inflow to the wastewater system prior to January 1, 2005, where that disconnection is necessary to meet combined sewer overflow reduction plans and for elimination of sanitary sewer surcharging. DRAFT ORDINANCE PROGRAM FOR ELIMINATION OF INAPPROPRIATE PRIVATE STORMWATER INFLOW Page 2 The Order of Early Disconnection will generally be in target areas as defined elsewhere in this section. (2) Notice. Notice of a Director's Order for Early Disconnection will be provided in writing. The notice will establish an effective date by which the inappropriate stormwater inflow shall be discontinued. The effective date shall be no sooner than 90 days from the date of the letter. The effective date may be extended in writing by the Director. (d) Target Areas. ,~ The Director may identify target areas within the wastewater service area (sewer or storm drainage basins or subbasins) which have the highest priority for reduction of inappropriate stormwater inflow to the wastewater system based upon combined sewer overflow events and sanitary sewer surcharge problems. (e) Residential Disconnection Assistance Pr~ogram. (1) Program Overview. The Director shall establish a program to assist residential property owners in the elimination of inappropriate stormwater inflow to the wastewater system (the Program). The Program may include, but not be limited to, technical assistance to residential property owners, provision of supplies for incorporation of work upon residential property, work in the right-of- way that supports the residential property improvements and funding of residential property improvements through grants and loans. (2) Program Funding. The City Council shall periodically establish funding for the Program, as well as setting limits and terms for loans and grants to participating residential property owners. If additional work is required beyond the limits established, it shall be performed by the owner at his/her expense. (3) Eligible Participants. This Program may be utilized only by the owners of single family or duplex (2 or less units) residences with inappropriate stormwater inflow to the wastewater system, which were in existence prior to January 1, 1995. The Program participants must eliminate all practicable inappropriate stormwater inflow to the wastewater system from the property. (4) Target Areas. The Director may implement and make available this Program throughout the wastewater service area, or instead only in target areas within the wastewater service area. When the Director issues an Order for Early Disconnection of inappropriate stormwater inflow in an area where the Program is being implemented, the Director shall inform the owner of the availability of the Program. Participation in the Program shall be voluntary; owners declining to participate shall be required to proceed with removal of the inappropriate private stormwater inflow to the wastewater system by the established effective date at the owner's expense. (5) Scope of Work. The Director shall determine for each participating property the scope of work for reduction of inappropriate DRAFT ORDINANCE PROGRAM FOR ELIMINATION OF INAPPROPRIATE PRIVATE STORMWATER INFLOW Page 3 stormwater inflow to the wastewater system which may be paid for with Program funds, with the goal of achieving the most cost-effective and timely reductions. (6) Application and Agreement Owners who wish to participate in the Program must make application to the Department. The application will include the name of the applicant, property location, scope of work, estimate of cost, method of performing the work (contractor or owner) and ot. her data as the Director deems appropriate. Applications will be accepted, evaluated and funded on a first come/first served basis subject to prioritization of target areas. Once an application is approved for funding the applicant will enter into an agreement with the City that will include the scope of work, eligible amount and loan or grant terms. (7) Residential Property Work Fun~led by the City. i. (a) Contractor-performed work. Participating owners shall select a contractor in accordance with a competitive process established by the Director. After City review and verification of the contractor selection process and contract price, the owner shall contract with the selected contractor for performance of the approved scope of work. The City shall not be a party to such contract. The owner's contract shall require the contractor to secure any building, right-of-way, or other permits as may be necessary, if the owner has not separately secured such permits. i. (b)Owner-performed Work. The Director may establish rules authorizing reimbursement or partial reimbursement for owner-performed work. The owner shall secure any building, right-of-way or other permits as may be necessary. ii. Release. As a condition to participation in the Program, the owner shall release the City and its officers and employees from all liability relating to the work. iii. Payment. After the work is inspected and approved for conformance with the scope of work by the City, the Director shall authorize payment of the eligible amount provided in the agreement from funds appropriated to the Program. Partial payments will not be made. iv. Deferred Reimbursement. The Director may establish a deferred reimbursement program whereby a residential property owner who performs the work necessary to discontinue the inappropriate stormwater inflows from the property for which the Program does not have funds immediately available can have the eligible amount reimbursed at a later date when funds are available. v. Maintenance. Participating owners shall be responsible for maintaining any improvements constructed under this Program. vi. Director Rules. The Director may establish policies, procedures and such further criteria as are required to implement this Program. DRAFT ORDINANCE PROGRAM FOR ELIMINATION OF INAPPROPRIATE PRIVATE STORMWATER INFLOW Page 4 (f) Abatement of Inappropriate Stormwater Inflow. Whenever an inappropriate stormwater inflow to the wastewater system exists subsequent to the disconnection requirements specified elsewhere in this section, the Director may abate the condition including reconstruction, replacement or removal on public or private property as specified elsewhere in this chapter. Section 3. Amendment. Section 15.06.050 o~f Chapter 15.06, Rates, Fees and Charges is hereby amended to read as follows: 15.06.050. RATES - STORMWATER (c) Inappropriate Stormwater Inflow to Wastewater System. A rate shall be assessed on all property owners who have an inappropriate stormwater inflow to the wastewater system pursuant to the Utility Fee and Rate Schedule established for stormwater by City Council ordinance. Rates shall be based upon the approximate amount of impervious surface area of the property. The impervious surface area, measured in equivalent impervious surface units (ISU's), shall be that used for the stormwater rates elsewhere in this chapter. Payment of the inappropriate stormwater inflow shall be terminated when the property has disconnected all sources of the inappropriate stormwater inflow from the wastewater system. (c) (d) Exempt Properties Section 4. Amendment. Chapter 11.02, Right-of-Way Use; Permits, Fees and Charges, is hereby amended to read as follows: 11.02.120. PERMIT FEES AND CHARGES. 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 sidewalk not associated with other development activity and residential owner performed inappropriate stormwater inflow elimination work in the sidewalk and curb area. DRAFT ORDINANCE PROGRAM FOR ELIMINATION OF INAPPROPRIATE PRIVATE STORMWATER INFLOW Page 5 Section 5. Effective date. This ordinance shall become effective ten days after passage and publication. APPROVED by the City Council ofthe City of Breme~on this day of .,1999. PASSED by the City Council of the City of BremeKon this day of .,1999. ~ APPROVED this day of MIKE SHEPHERD, Council President ,1999. LYNN S. HORTON, Mayor A'I-I'EST: KATHLEEN L. McCLUSKEY, City Clerk DRAFT ORDINANCE PROGRAM FOR ELIMINATION OF INAPPROPRIATE PRIVATE STORMWATER INFLOW Page 6 AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: ORDINANCE NO. SETTING FEES FOR STORMWATER INFLOW TO THE WASTEWATER SYSTEM. FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: November 10, 1999 PW&U Engineering Div. W. Eugene Sampley, Director PW&U October 8, 1999 2. CLEARANCES: (comment on back if necessary) 3. City Attorney City Treasurer City Clerk Heard at the City Council Study Session of November 3, 1999. ENDORSEMENT INFORMATION MAYOR EXltIBITS A. Ordinance No. __., setting fees for stormwater inflows to the wastewater system. APPROVED BY COUNCIL PRESIDENT FOR SUBMITrAL: COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: City staff presented to the City Council a new ordinance on stormwater inflow to the wastewater system. This companion ordinance establishes a fee structure for those properties that have an inappropriate stormwater connection to the wastewater system. The fees are set up to provide funds for two things: 1. The Residential Disconnection Assistance Program. 2. The cost associated with conveyance, storage and treatment of stormwater inflow as part of the wastewater system. The fee is a flat rate based upon the impervious surface units (ISUs) for a property as identified in the stormwater fee. It is a progressive rate, starting with 25% of the then current stormwater ISU fee ($1.00 per month, per household at the 1999 rate) on January 1, 2002, increasing to 100% of the then current stormwater ISU fee ($4.00 per month, per household at the 1999 rate) in 2005. The fee will be applied only to those properties that have inappropriate stormwater inflow to the wastewater system. This fee will not be applied citywide. Staff recommends passage of this ordinance. 8. RECOMMENDATION: first reading. B. Motion to pass Ordinance Number upon second reading. Motion to approve the attached Ordinance, setting fees for stormwater inflows to the wastewater system upon , setting fees for stormwater inflows to the wastewater system 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: City Treasurer City Treasurer PULLED TABLED COUNCIL DIRECTIVE 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED DATE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Funds will not be available for the Residential Disconnection Assistance Program or to cover the cost of conveying, storing and treating the stormwater runoff in the wastewater system. The City Council, by separate action authorizes funding for the Residential Disconnection Assistance Program. 6. IMPACT ON STAFFING. BUDGETS, FACILITIES. EQUIPMENT OR OTHER RESOURCES: See #5 above. 7. RESEARCH SOURCES 99326/Agenda Bill/Improper Stormwater Inflow Rates, ab DRAFT ORDINANCE NO. AN ORDINANCE establishing rates for Inappropriate Stormwater Inflow to the Wastewater System. Whereas, Bremerton Municipal Code, Chapter 15.06.050, requires that a schedule be adopted by the City Council for rates associat(~d with Inappropriate Stormwater Inflow. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Establishment. PURPOSE. This ordinance establishes rates for Inappropriate Stormwater Inflow. INAPPROPRIATE STORMWATER INFLOW RATES. The following rates are established for Inappropriate Stormwater Inflow, based upon the established stormwater ISU for each lot and adjusted annually on the following schedule: EFFECTIVE DATE January 1,2002 January 1,2003 January 1,2004 January 1,2005 RATE 25% Stormwater Fee for Property 50% Stormwater Fee for Property 75% Stormwater Fee for Property 100% Stormwater Fee for Property After January 1, 2005, the Inappropriate Stormwater Inflow Rate will remain at 100% of the established Stormwater Fee for a property unless otherwise modified by the City Council. The fees shall be deposited in the Wastewater Fund (No. 451). DRAFT ORDINANCE Setting Rates for Inappropriate Stormwater Inflow Page 1 Section 2. Effective Date. This ordinance shall become effective ten days after passage and publication. APPROVED by the City Council ofthe City of Bremedon this day of ~ .,1999. PASSED by the City Council ofthe City of BremeKon this day of ,1999. ~ MIKE SHEPHERD, Council President APPROVED this day of ,1999. LYNN S. HORTON, Mayor A'I-I'EST: KATHLEEN L. McCLUSKEY, City Clerk DRAFT ORDINANCE Setting Rates for Inappropriate Stormwater Inflow Page 2 PUBLIC WORKS AND UTILITIES 3027 Olympus Drive · Bremerton, WA 98310-4799 · (360) 478-5318 · FAX (360) 478-5018 September 30, 1999 Puget Rental Owners Association Attention: Allan Humm 865 6m Street, Suite 390 Bremerton, Washington 98337 Dear Mr. Humm: In 1992, the Washington State Department of Ecology mandated the City of Bremerton to reduce the number of combined sewer overflow events in its overflow system. Consequently, the City developed a Combined Sewer Overflow Plan and a Stormwater Management Plan. In implementing the requirements of these plans, it was determined that the large number of overflow events is caused, among other things, by improper stormwater inflows into the combined sewer overflow system. These stormwater inflows also contribute to sanitary sewer surcharging, increased wastewater storage and conveyance and treatment costs. In order to eliminate these burdens to the system and to minimize treatment costs that will eventually be shouldered by all users of the wastewater and stormwater systems, the City drafted an ordinance establishing a Program for Elimination of Improper Stormwater Inflow to the Wastewater System. The proposed ordinance outlines the process for the implementation of the program. The effects of these inflows are a community problem in that they are detrimental to public health and safety and result in increased wastewater treatment costs. Since your organization has the potential to contribute to the successful dissemination and implementation of this ordinance among your members, we are requesting your assistance and cooperation at this time in reviewing the provisions of the proposed ordinance. A copy is attached for your review. We are scheduled to present the ordinance in a City Council Study Session within the next two weeks. We would appreciate your comments before then. You may send them to us either by fax (360-478-5318) or e-mail (rwitt~ci.bremerton.wa.us) or call Randy Witt at (360) 478-5348, if you have any questions or need additional information. We look forward to hearing from you. Sin~~j WfEugene Sampley,----'P.E. Director of Public Works and Utilities Mayor Lynn S. Horton City Council Randy Witt, P.E., City Engineer (w/o attachments) Jeff Shea, P.E., Senior Engineer/Public Works (w/o attachments) Attachments: (3) Summary of Ordinance Regarding Program for Elimination of Improper Stormwater Inflow to Wastewater System Draft Ordinance establishing Program Draft Ordinance establishing rates for Improper Stormwater Inflow Equal Opportunity Employer