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HomeMy WebLinkAbout3288 RESOLUTION NO. 3288 ' A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the ADA Transition Plan, which addresses pedestrian facilities, grievance procedures, and designation of an ADA Coordinator to comply with the Americans with Disabilities Act of 1990. WHEREAS, the Americans with Disabilities Act ("ADA") was signed into law on July 26, 1990, and applies to the City of Bremerton; and WHEREAS, on September 30, 1992, the City of Bremerton passed Resolution No. 2409 adopting ADA grievance procedures and requiring the Mayor to designate an ADA Coordinator; and WHEREAS, the City of Bremerton has developed a new ADA Transition Plan for adoption relating to Pedestrian Curb Ramps, Pedestrian Push Buttons, and related facilities in compliance with 28 CFR 35 ("ADA Transition Plan"); and WHEREAS, 28 CFR 35 requires the City to identify an official responsible for implementation of the ADA Transition Plan; and WHEREAS, the ADA Transition Plan appoints the City Engineer or his or her designee as the ADA Coordinator for the City, and sets forth the Coordinator's duties; and WHEREAS, the ADA Transition Plan implements new ADA grievance procedures for the City; and WHEREAS, the City Engineer has been working with the ADA Community and is engaged to ensure the City is in compliance with the ADA; now, therefore, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals set forth above are incorporated by reference as set forth herein in full. SECTION 2. Resolution No. 2409 is hereby repealed and replaced in its entirety by this Resolution. SECTION 3. The ADA Transition Plan, incorporated herein by this reference, is hereby adopted. Adoption of ADA Transition Plan, Grievance Procedures, and Coordinator Designation—Resolution SECTION 4. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION S. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this day of 479r; 1 , 2017. ERIC YO ' R, C 4410i1 President APPROVED AS TO FORM: ATTEST: 111116111"11111111b"...- .011110".- • R►GER A. LUBOVICH, City-Attorney SHANNON CORIN, City Clerk Adoption of ADA Transition Plan, Grievance Procedures, and Coordinator Designation—Resolution City of Bremerton ADA Transition Plan March 10, 2016 by Al King, PE City of Bremerton ADA Transition Plan TABLE OF CONTENTS INTRODUCTION ............................................................................................................................... 5 Regulatory Framework and Guidance Documents ................................................................ 5 Section 504of theRehabilitationActof 1973..............................................................5 TitleII of theAmericans with Disabilities Act (ADA) of 1990 ........................................ 5 Transition Plan Requirements ....................................................................................... 7 BestManagement Practices .......................................................................................... 7 TRANSITIONPLAN DEVELOPMENTPROCESS..................................................................................7 ADA Advisory Committee ....................................................................................................... 8 PROGRAM ADMINISTRATION ......................................................................................................... 8 The ADA Coordinator ............................................................................................................. 8 An Effective ADA Coordinator ....................................................................................... 9 Department ADA Liaisons ...................................................................................................... 9 NOTICE OF THE ADA’S PROVISIONS ................................................................................................ 9 Target Audience ..................................................................................................................... 9 The Notice ............................................................................................................................ 10 How and Where to Provide the Notice ................................................................................ 10 Ways to Provide Notice to Interested Persons ........................................................... 10 Alternative Formats .................................................................................................... 11 GRIEVANCE POLICY & PROCEDURE ............................................................................................... 11 Background .......................................................................................................................... 11 PolicyonComplaints ............................................................................................................ 12 SELF ASSESSMENT ......................................................................................................................... 12 Summary.............................................................................................................................. 12 Inventory Plan ...................................................................................................................... 13 GIS Inventory& Priorities ..................................................................................................... 13 Field Inventory ..................................................................................................................... 13 Prioritization for ADA Deficiency Corrections...................................................................... 14 Ramp Condition ........................................................................................................... 14 Pedestrian Volume ...................................................................................................... 15 Pedestrian Use of the Adjacent Property .................................................................... 15 Use by Persons Needing Accommodation .................................................................. 15 Other Impediments Affecting Accessibility of the Pedestrian Access Route............... 15 Correction Program and Schedule ....................................................................................... 16 Page 2 of 20 City of Bremerton ADA Transition Plan USDOJ Recognized Limitations .........................................................16 USDOJ Standards Changes ...............................................................16 Curb Ramps ......................................................................................17 Pedestrian Push Buttons ............................................................................................. 17 Obstructions in the Right-of-Way......................................................................................... 17 Puget Sound Energy .................................................................................................... 18 Disrepair and Gaps in the Sidewalk System ................................................................. 18 Other Obstructions ...................................................................................................... 19 Milestones .................................................................................................................................. 19 Budgeting and Implementation ........................................................................................... 19 Community Involvement ............................................................................................................... 19 Page 3 of 20 City of Bremerton ADA Transition Plan APPENDIX A........................................................................................................... i ADA Title II Transition Plan Process .............................................................. i APPENDIX B ...................................................................................................................................... ii Compliance Structure .............................................................................................................. ii APPENDIX C ..................................................................................................................................... iii The City of Bremerton ADA Coordinator ................................................................................ iii Duties of an ADA Coordinator ....................................................................................... iii Preferred Skills: ............................................................................................................. iv Preferred Experience: .................................................................................................... iv The City of Bremerton Department ADA Liaison ...................................................................... iv Duties of a Department ADA Liaison ............................................................................. iv Preferred Skills: .............................................................................................................. v Preferred Experience: ..................................................................................................... v APPENDIX D ..................................................................................................................................... vi City of Bremerton Notice Under the Americans with Disabilities Act .................................... vi APPENDIX E .................................................................................................................................... vii City of Bremerton Grievance Procedure ............................................................................... vii APPENDIX F ...................................................................................................................................... ix ADA Grievance Form .............................................................................................................. ix APPENDIX G ..................................................................................................................................... xi Inventory Zones ...................................................................................................................... xi APPENDIX H .................................................................................................................................... xii Inventory Checklist ................................................................................................................ xii APPENDIX I .................................................................................................................................... xiii DRAFT SAMPLE GIS Map of Inventoried Ramps as of September 19, 2016 ......................... xiii APPENDIX J .................................................................................................................................... xiv Property Classification Codes ............................................................................................... xiv APPENDIX K ................................................................................................................................. xviii Public Comments on Plan .................................................................................................. xviii Page 4 of 20 City of Bremerton ADA Transition Plan INTRODUCTION The City of Bremerton (City) Transition Plan (the Plan) required by the Americans with Disabilities Act (ADA) of 1990 is intended to guide the City's efforts to provide an accessible transportation system program within the City. The purpose of the Plan is to identify deficiencies in City policies, procedures, and physical assets, and to provide a path to correctionof thosedeficiencies.Theplanalsoprovidesguidanceforremovalofaccessibility barriers. ThePlanoutlines progress to date andidentifies steps necessaryto bring the City programinto compliance with ADA regulations. The Plan is intended tobe a living document that will beupdated regularly to track ongoing achievements toward compliance. The minimum requirement for the scope of the ADA Transition Plan is accessibilityof allcurb ramps and ancillary facilities (pedestrian push buttons and pedestrian signals) withinthe right- of-way. In order to efficiently implement the Plan, the scope of this initial Plan is limited to addressingthesefacilities.Thatsaid,theCityacknowledgesthatotherimpedimentsto accessibilityexistalongthepedestrianaccessroutes(signsandpowerpolesinthesidewalks, driveway approaches, disrepair, etc.,) and that these issues must also be addressed for a functionalandaccessiblepedestriansystem.TheCityintendstoaddressthese otherissues with future updates to the Plan. Other City ADA compliance responsibilitiesrelated to buildings, programs and employment are also outside the scope of this Plan. Regulatory Framework and Guidance Documents Section 504 oftheRehabilitation Act of 1973 Section 504 oftheRehabilitation Actof 1973 prohibits discrimination on the basis of disability by any program or activityreceiving federalfinancial assistance. Discrimination may consist of exclusion from participation in or denial of the benefits of programs and activities operated by the City. Title II of the Americans with Disabilities Act (ADA) of 1990 The ADA expands on the foundation laid by Section 504 by prohibiting discrimination based on disability by public entities regardless of whether they receive federal financial assistance. The Act is divided into five titles describing requirementsrelating to (I) employment, (II) state and local government services, (Ill) public accommodations, (IV) telecommunications, and (V) miscellaneous provisions. Title II of the Act applies specifically to state and local government services and the programs and activities they administer, including features built before andafter 1990.Titles I,Ill, IV, and V are notaddressed further in thePlan. The Code of Federal Regulations(CFR) outlines regulations implementing Title II of the ADA, which apply tothe City. Table 1.1 summarizes relevant City responsibilities under Title II of the ADA. Page 5 of 20 City of Bremerton ADA Transition Plan Table 1.1 Summary of CityResponsibilities underTitle II ofthe ADA Implementing Responsibilities Regulation Self-Evaluation Evaluate currentservices,policies,and practicesand make any necessary modificationsto meetADArequirements Provide an opportunityto interested persons,includingindividualswith 28CFR 35.105 disabilitiesororganizationsrepresentingindividualswith disabilities,to participate inthe self-evaluationprocessbysubmittingcomments Maintainalistof interested personsconsulted,adescriptionof areas examined and any problemsidentified,and a descriptionofany modifications Notice MakeADAinformationavailable to thepublicregardingapplicabilitytoCity 28CFR 35.106 services,programs,and activities ResponsibleEmployee/GrievanceProcedures Designate aresponsible employee to coordinate ADAefforts(referred tointhis Planas theADACoordinator); provide theADAcoordinator'sname,office 28CFR 35.107 address,and telephone number Adoptand publishgrievance proceduresprovidingfor promptand equitable resolutionof complaints GeneralProhibitionsAgainstDiscrimination Do not excludedisabled personsfromparticipationinordenybenefitsofCity 28CFR 35.130; services,programs,oractivities 28CFR 35.149 Do not discriminate on thebasisof disability Maintenance Maintainfacilitiesand equipmentrequired to be accessible to personswith 28CFR 35.133 disabilitiesinoperable workingcondition ExistingFacilities Operate eachservice,program,oractivityinamanneraccessible to and usable byindividualswithdisabilities Alter existingfacilitiesorconstruct newfacilitiesas necessaryto complywith 28CFR 35.150 ADArequirements Develop atransitionplanoutliningstepsnecessaryto complete structural changesto facilities NewConstructionand Alterations Design,construct,and alter publicfacilitiesinamannerreadilyaccessible to and usable byindividualswithdisabilities,unlessstructurallyimpracticable 28CFR 35.151 Provide curb rampsorother sloped areasat any intersectionhavingcurbsor other barriersto entryfromastreetlevel pedestrianwalkway Communications/Telecommunications Ensure effective communicationswithdisabled persons 28CFR 35.160; Provide appropriate auxiliaryaidsand servicesto afforddisabled individualsan 28CFR 35.161 equal opportunityto participate inand enjoythebenefitsofCityservices, programs,and activities Informationand Signage Provide informationaboutthe existence and locationof accessible services, 28CFR 35.163 activities,and facilities Note:Additional responsibilitiesdetailed in28CFR Section35(e.g.,related to employmentdiscrimination) are not discussed inthe Plan. Page 6 of 20 City of Bremerton ADA Transition Plan Transition Plan Requirements Public entities employing 50 or morepersons must develop a document called a transition plan outlining the steps necessary tocompleteany structural changes (i.e., changes to physical assets) to achieve program compliance. At a minimum, the plan must meet the requirements stated in 28CFR35.150(d)(3)as follows: i.Identifyphysicalobstaclesinthe publicentity'sfacilitiesthat limittheaccessibilityof its programs or activitiestoindividuals with disabilities. ii.Describe in detail the methods that will be used to make the facilities accessible. iii.Specify the schedule for taking the steps necessary to achievecompliance with this section and, if the time period of the transition plan is longer than one year, identify steps that will be taken during each year of the transition period. iv.Indicatetheofficialresponsibleforimplementationoftheplan. As part of the transition plan, public entitiesresponsible for streets, roads, or walkwaysmust include a schedulefor providing curb ramps or other sloped areas where pedestrian walks cross curbs, giving priority to walkways servingstateand local government offices, transportation centers, places of public accommodation, and employers, followed bywalkways serving other areas (23 CFR 35.150(d)(2)). The Plan addresses minimum planrequirements relating to physical assets, including facilities and rights-of-way owned and maintainedby theCity. Rights-of-way features include elements such as curb ramps, sidewalks, crosswalks, median crossings, and pedestrian activated signal systems. In addition to minimum requirements, the Plan addresses other elements outlined in Title II of the ADA related to administration, communications, and maintenance. Publicentities must provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the development ofthe transition plan by submitting comments. A copyof the transition plan must be made available for public inspection (28 CFR 35.150(d)(1)). Best ManagementPractices The 2009 National Cooperative HighwayResearch Program (NCHRP) Guide to Best Management Practiceswas created to assist agencies in the transition plan development process and ensure successful practices are recognized and shared. The guide outlines steps necessary for ADA compliance, identifies planning challenges, and describes best practices relating to program administration, self-evaluation tasks, public involvement, and plan implementation. This guidance document was consulted during preparation of the Plan. TRANSITION PLAN DEVELOPMENT PROCESS The City has been upgrading pedestrianfacilities as a part ofitsongoing efforts since before 1990, and continues a program started severalyears agoto address retrofits.Inan effortto formalize its program, the City initiated development of the Plan in February 2016. As part of this effort, the City contracted with the consulting firm King Technologics, PLLC to evaluate current City policies and procedures relative toADA requirements; review current federal Page 7 of 20 City of Bremerton ADA Transition Plan standardsanddevelopanapproach to adoptingappropriatestandards; develop an approach for completion of the self-assessment, a prioritization process, barrier removal methods, and implementation schedules; and provide findings and recommendations. The Plan documents the results of this effort. Appendix Aoutlines theprocessandtimelines. ADA Advisory Committee The City established an ADA Advisory Committee inFebruary 2012.Thecommittee has operatedinanadhocfashion,chairedbyCityEngineeringDivision staff.Attendance atthe quarterly meetingshas generally consisted of City PublicWorks, Parks and EngineeringStaff, KitsapTransit Staff, andtwo disabled representatives of the community. Since the first quarter of 2015 the City Engineer has chaired thecommitteemeetings. Throughout 2016,thedevelopmentof the ADA Transition Plan was a major focus at the various quarterly meetings, with the ADA Committee being presented, and commenting on the various componentsofthe Planasitwasbeingdeveloped.Withtheadoption ofthe Plan in2017the City Engineer will be formally appointed as theCity’s ADA Coordinator,and his role in chairing the ADA Committee meetings is intended to continue. PROGRAM ADMINISTRATION 1 The ADA Coordinator The ADA regulations require state and local governments with 50 ormore employees to designate an employeeresponsible for coordinating compliance with ADA requirements. Having an ADA Coordinator provides a specific contact person with knowledge and information abouttheADAsothatquestionscanbeansweredefficientlyandconsistently.The ADA Coordinator for the City of Bremerton is the main contact when someone wishesto requestan auxiliary aid or service for effective communication or access. For the public, having anADA Coordinator makes it easyto identify someone within the agency to help them withquestions and concerns aboutdisability discrimination. It avoids multiple answers, potentially conflicting answers, andallowsthe agencyto not onlyconsistently comply with the ADA, but also provide consistent responses anddirection throughout the agency. A knowledgeableADA Coordinator willbeableto efficientlyassistpeople withdisabilitieswith their questions. For the staff, an ADA Coordinator provides a sound resourceto assist with compliance and impartiality in responding to requests and complaints. She or he will also be responsible for coordinating responses torequests, and for quasi independently investigating complaints. The general compliance structure is shown in AppendixB 1 This section is adapted from the ADA.Gov toolkit, at http://www.ada.gov/pcatoolkit/chap2toolkit.htm Page 8 of 20 City of Bremerton ADA Transition Plan AnEffectiveADACoordinator Qualifications that help an ADA Coordinator to be effective: familiarity with the state or local government’s structure, activities, andemployees knowledge of the ADA and other laws addressing the rights of people with disabilities, includingSection504 oftheRehabilitation Act,29 U.S.C.§794and49.60R.C.W. Discrimination-Human Rights Commission experience withpeoplewith abroad rangeofdisabilities knowledge of various alternative formats and alternative technologies that enable people withdisabilities to communicate,participate,and perform tasks ability to work cooperativelywith the local government and people with disabilities familiarity with any local disability advocacy groups or other disability groups skills and training in negotiation and mediation organizational and analytical skills Department ADA Liaisons In addition, aseach Department holdsspecific independent responsibilitiesand budget authority, eachDepartment Head will designatean ADA Liaison responsible for keeping that Department advised of ADA requirements and changes, and for coordinating responses to ADA requests affecting that Department. Responsibilities of theADA Coordinator and Department ADA Liaison appear in Appendix C. NOTICE OF THE ADA’S PROVISIONS 2 An ADA administrative requirement isprovidingpublic noticeabout the ADA to potential recipients of Cityprograms. Everyagency falls underthis requirement.And it is morecomplex than simply providing an advertisement with employmentsolicitationsor PublicService Announcements. There are three main considerations for providing notice: 1.Who is the target audience for the ADA notice? 2.What information shall the notice include? 3.Where and how should the notice be provided? Target Audience The target audience forpublicnotice includes applicants, beneficiaries, and other people interested in the state or local government’s programs, activities, or services.Theaudience is expansive, and includes everyone who interacts – or would potentially interact – with theCity and any of its Departments. 2 28 C.F.R § 35.106. Page 9 of 20 City of Bremerton ADA Transition Plan ExamplesoftheTargetAudiencefortheADANotice a recipient of social services, food stamps, or financial assistance provided by or through the City an applicant for a public library card a person who uses the City parks or plays at Gold Mountain Golf Course a child who wantsto swim at the GlennJarstad Aquatic Center a grieving mother who wants to attendherdaughter’s funeral at Ivy GreenCemetery a grandmother attending her grandchild’s high school graduation in acity park a member of a citizen’s advisory committee, perhaps the ADA Advisory Committee a recipient of a grant through the City from Washington State a citizen who wants to participate in a City Council meeting The Notice 3 The notice is requiredto include relevantinformation regarding Title IIof the ADA, the regulations that apply ADA to States and local governments, and how it applies to the programs, services, and activities of the City. The notice in Appendix Disbasedonthe DepartmentofJustice model.Aone-page document in a standard font,itincludes brief statementsabout employment, effective communication, making reasonable modifications to policies andprograms, not placing surcharges on modificationsor auxiliaryaidsand services, and filing complaints. How and Where to Provide the Notice This is perhaps the most challenging aspect of the notice requirement, in that it is not a one- time requirement. Rather the City must provide notice on an ongoing basis such that those affected have a reasonable opportunity to obtain the information in it, even though they may only be a casual user of Cityservices and buildings.The City should provide the information on an ongoing basis. It istheCity’s obligationtodetermine the most effective way of providing notice to the public about their rights and the City’s responsibilities under the ADA.Venues to providenoticewould include the radio, local newspapers, television, or City utility or event mailings. The notice shouldbere-publishedand re-broadcastperiodically. Ways to Provide Notice to Interested Persons Include thenotice with Cityjob applications Publish the notice periodically in The Kitsap Sun Broadcast the notice in publicservice announcements on BKAT (Bremerton Kitsap Access Television) Publish the notice on the City’s website Post the notice at all City buildings accessible to the public 3 https://www.ada.gov/ada_title_II.htm Page 10 of 20 City of Bremerton ADA Transition Plan Publishthe notice as a legal notice intheCity’s officialnewspaper The information must be presented so that it is accessible to all. Therefore, it must also be made available in alternative formats if requested. Alternative Formats Audio tape or other recordings Radio announcements Large print notice Braille notice Use of a qualified sign language interpreter at meetings Open or closed-captioned public service announcements on television ASCII, HTML, or word processing format on a computer diskette or CD HTML format on an accessiblewebsite Advertisements in publications with large print versions All of these alternatives should be considered and provided if requested.Any use of social media by the City should have a link to the noticeaswell. The ADA Coordinator should work closely with theMayor andDepartment ADA Liaisons to provide an appropriate level of notice on an ongoing basis, and to ensure that newprograms or publications incorporatethenotice on atimely basis. GRIEVANCE POLICY &PROCEDURE Background TheCity is required to adopt andpublishgrievanceproceduresproviding forprompt and equitable resolution of complaints alleging any action that would be prohibited by the ADA. 4 Thegrievance procedure includes: a description of how and where a complaint under Title II may be filed with the City; if a written complaint is required, a statement notifying potential complainants that alternative means of filing will be available to people with disabilities who require such an alternative; adescription of the timeframes and processes to be followed by the complainant and the City; information on how to appeal an adverse decision; and a statement of how long complaint files will be retained. A procedure was first adopted by theCity under Resolution 2409,September 30, 1992. The following is anupdateof that procedure. 4 http://nwadacenter.org/toolkit/grievance-procedure Page 11 of 20 City of Bremerton ADA Transition Plan Policy on Complaints Input, concerns or requests for accommodation can be provided directly to the City of Bremerton by accessing the City of Bremerton web site at www.ci.bremerton.wa.us, and following the links to fillout and submit the electronic form provided. Public requests made through this procedure will be reviewed and the facility in question may be moved to a higher priorityfor improvement. Priorities may change based upon citizen requests, additional input and changing conditions. Results of this process will be communicated directly to the individualbyphone or e-mail.Individuals may alsochooseto calltheresponsible Cityofficedirectly. The City of Bremerton also has a formal grievance or complaint procedure which may be used if the issue has not been resolvedby usingthe above procedure. This procedure is included in Appendix E. In addition, a copy of the grievance form is included in Appendix F, and may also be accessed online. A copy of the grievance form may also be obtainedat the City of Bremerton’s ADA Coordinator or Human Resource offices. Complaints may be filed byanyperson whobelieves thathe or shehas been excluded from participation in, been deniedthebenefits of,or otherwisesubjected to discrimination under anyCity of Bremerton service, program or activity, oraccess to facilities and believes the discriminationis based upon disability. Any individual, groups of individuals or entity thatbelieves they have been discriminated against on the basis of disability or faced unaccommodated barriers to access as defined by the ADAAA may file a complaint. The complaintmustbe in writing and contain the following information: 1)Name;2) Address; 3)Phone number of complainant; 4) Location of alleged discrimination or inaccessible barrier and date; and 5) Description of the problem. Alternative means of filing complaints, such as personal interviews or atape recording of the complaint will be made available for persons with disabilities upon request. SELF ASSESSMENT Summary The City recognizes the requirementto provide an inventory and assessment (self-evaluation) within its transition plan. The purpose of the self-evaluationis to provide a meansof identifying deficiencies in its physical pedestrian facilities, to develop an inventory of needed corrections and updates, and to establish a schedule for the corrections. The City also recognizes from a high-level staffoverview of its physicalplantthat such an inventory, and certainly the corrections, is beyond the financialability of the City within its current and projected budgets for years to come. To addressthose deficiencies on an ongoing basis, and over time to ultimately remove thosedeficiencies, the following Plan was developed such that a high-level inventory may be completed relatively quickly, on a priority basis.Asthe inventory is completed, a priority system for corrections is also planned tobe implemented. Those initial priorities will be updated as the inventory is completed, and updated on anannual basis to attack and eventually remove deficiencies in the system. Page 12 of 20 City of Bremerton ADA Transition Plan TheCityrecognizesthataplan thatisnotupdatedand revisedovertimeto reflect exigencies that will emerge is not a plan.Inso doing, not onlywillthe formal inventory and annual updatesbe reviewed, butthosepriorities may also be affectedby Citizen input or complaints over time, and adjusted to reflect currentneeds. Inventory Plan The inventory is limited to improvements inthe right-of-way. In order to complete the inventory in the most expeditiousmanner possible, the City was broken into “Inventory Zones” –areasofthe Citywherepedestriantrafficmayreasonablybeexpectedtobehigher,thusmost likely to have the greatest ADA needs. These areas will be the first priority, with the inventory of lower volume areas to follow. The zones,in priority order are: 1.Downtown – clearly the highest auto and pedestrian use, withthe greatest number of ADA population users, for business and shopping. 2.Manette –thenorthendoftownacrosstheManettebridge,withthe greatestnumber of medical buildings, including the Harrison Medical Center. 3.WestBremerton– southand west of downtown. The zones are displayed on Appendix G. Inventory of public buildings and parks will be considered outside this Plan. GIS Inventory & Priorities The City is completing an inventory of its curb ramps using itsGIS system and aerial mapping; this work is expected to be complete by the end of 2016. The inventory classifies ramps into three categories; “Red” is used where either norampexists orthe ramp is obviously deficient and unusable; “Yellow” is used where ramps exist that were constructed to old standards but appear to be useable; and“Green” ramps are relatively new and appear to be compliant. The City intends to use this information initially to assist in developing zones, recognizing that ramps were most often constructed in higher use areas over time. As there are no standardized means for determining levels of pedestrian traffic, and physical counts require significant resources, the City considered options for a substitute methodology to aid in determining areas of higherpedestrian use, thus higher ADA population use. Themost reasonable method identified is street classification. Those classifications reflect the overalluse of eachstreet. As such, they also reflectthe higher use pedestrian areas. The ADA Committee reviewed and recommended approval of the zones. The zones will be used in listedorder to complete a moredetailed inventory, filling in any missed locations orneeded corrections. Field Inventory To supplement regular City staff, summer interns have been, and will be, hired to complete the “leg work” requiredto cover the entire City. Thegoal of thefieldinventory is to identify and input into the City’s GIS database (Chart) impediments to accessibilitycity-wide. Specifically, the field inventory will identify and chart existing Pedestrian PushButtons at signalized Page 13 of 20 City of Bremerton ADA Transition Plan intersections,identifyandchartdrivewayapproaches,identifyandchart obstructions (power poles,street signs, guy wires, etc.,)thatreducethe Pedestrian Access Route below the standard, and finally to identify and chart areas of disrepair or areas where the existing sidewalk is either non-existent, or otherwise non- compliant. Staff performing the inventory will be armed with inventory forms on Electronic Tablets to simplifyboth data collection and assembly, as well as tape measures, smart levels and camerasto record general measurements such as widths and layouts, obstructions and physical condition, and provide a visual of the situation to avoid a future field visit everytime a question arises. An assigned Public Works staff member will oversee that inventory, providing dayto day direction as well as having responsibility for creating theinventory. The City anticipates completing the field inventory by the end of 2019. Itshouldbenotedthat inperformingthefieldinventory,the Citydoesnot intendtofield measure the cross-slopes of all existing sidewalks on a blanket basis, butinstead will identify those where significant issues obviously exist, and work to provide new sidewalks constructed in compliance with current criteria. Areas identified with obvious excessive cross slopeswill be field measured and charted and noted during the field inspection, orwhere complaintshave been received. A checklistdetailing theitems reviewed is in Appendix H. Theinventoryofthe curbrampstobecompletedwillbeadequatetoidentifygapsinthe system (“Red” ramps), non-compliant but apparently useable locations (“Yellow”ramps), and ramps that comply with current ramp design criteria (“Green” ramps; cross-slopes, landing widths, etc.) It is the City’s intent to use theinventory data, along with public and ADA Committee input to prioritize improvements with new ramps to be installed at all “Red” and “Yellow” locations. The City may elect to retain “Yellow” ramps that are close to standards and otherwise in compliance. A determination of the parameters for classifying ramps will be developedintheimplementation phase,and mayresultinfurtherdefinitionbeyondthe“Red, Yellow and Green” classifications currently identified. Also, the classification system will consider the standards that were in place at the timethe ramps were originally constructed. Prioritization for ADA Deficiency Corrections One of the significant products of the ADA Transition Plan is the prioritized list of corrections, or the Capital Improvement Plan/CIP. Giventhe large number of non-compliant or non-existent ADA ramps, careful consideration has been given to developing a quantitative approach to establishing the prioritized list. Four factors have been identified to consider for each ramp location requiring correction; ramp condition, pedestrian volume (the street classification surrogate values), pedestrian usage of the adjacent property, and usage of the ramp by persons needing accommodation. For efficiency, existing data was used for the evaluations, with weight given to areas of higher importance. A discussionof the ranking,weight, and evaluation method, and how projects are identified annually for constructionfollows: Ramp Condition All ramps and ramp locations in the City have been coded Green, Yellow,or Red as discussed above.FortheCIP,allRedcoded rampsprecedeYellowramps.SinceGreencodedrampsare fullycompliantthey are not included in the list. Page 14 of 20 City of Bremerton ADA Transition Plan PedestrianVolume The City does not have pedestrian count data for its sidewalks, and soto evaluate pedestrian volumes, road classification has been used as a surrogate. For the evaluation, pedestrian volumes were presumed to be highest for Arterial roads, lowest for Residential roads, with pedestrian usage of Collector roads presumed to be in the median. The evaluation ranks each ramp by the road classification of both roads in the intersection where it resides; the intersection types and relative rank of pedestrian usage in the evaluation is as follows: th Intersection of Residential and Residential (e.g.Chester Avenue & 9Street) – Lowest Presumed Pedestrian Usage th Intersection of Residential and Collector (e.g.9Street & HighAvenue) th Intersection of Residential andArterial (e.g. Chester Avenue & 11Street) th Intersection of Collector and Collector (e.g. High Avenue & 13Street) th IntersectionofCollectorandArterial(e.g.HighAvenue&11Street) th Intersection of Arterial and Arterial (e.g. 11Street & Warren Avenue) – Highest Presumed Pedestrian Usage Pedestrian Useof the Adjacent Property All properties have a Property ClassCodeassociated withthem that isestablished by Kitsap County. To associateavalueto the relative pedestrian importance of properties, each of the Property Class Codes were evaluated and identified as having an importance value of Low, Medium, or High. A weight factor was then identified for each the Low, Medium and High values and each ramp received this value for property thatit abuts. The Property Classification Codes and associated ranking is included in Appendix J. The location of ramps relative totransit facilities was also included in the evaluation. Values were associated with ramps that are on streets thatareonbusroutes, within oneblock of bus routes, and within 1,200-ft of the Ferry Terminal. Use by Persons Needing Accommodation The above factors provide the methodology that was used to develop the prioritized CIP list; again, the goal was to develop the list efficiently and quantitatively. Since the City’s implementation will occur over several years,and to ensure the implementation occurs first in the areas of greatest need, the City will consider complaints along with input fromthe ADA Committee each year when developingits annual construction program. It is expected that through this review,reconstruction ofADA ramps thatare lower on the prioritized list may occur before higher ranked ramps. Other Impediments AffectingAccessibility of the Pedestrian Access Route As previously stated, this ADA Transition Plan focuses on curb ramps and appurtenances, but does not address other impediments such as obstructions inthe sidewalk or disrepair. It isthe intent of the City to identify a programmatic approach for prioritizing the elimination of these impediments in future updates to the Plan. Page 15 of 20 City of Bremerton ADA Transition Plan Correction Program and Schedule USDOJRecognized Limitations When streets and roads are newlybuilt or altered,they must have ramps wherever there are curbs or other barriers to entry from a pedestrian walkway. Likewise, when new sidewalks or walkwaysare built oraltered, they must contain curb ramps, blended transitions, or ramps,wherever theyintersect with streets or roads. While resurfacing a street or sidewalk is considered an alteration for these purposes, filling in potholes alone will not trigger the alterations requirements. At existing roads and sidewalks that havenot been altered, however, city governments may choose to construct curbramps atevery point where a pedestrian walkway intersects a curb, but they are not necessarily required to do so. Alternativeroutestobuildingsthatmakeuseofexistingcurbrampsmaybeacceptablewhere people with disabilities must only travel a marginally longer route. The City also planstoestablish aprocedure for installing curb ramps upon request inboth 5 residentialandnonresidentialareasfrequentedbyindividualswithdisabilities.In implementingacurbcut transitionplan for existing sidewalks, the actualnumberof curb cuts installed in any given year may be limitedbythe fundamentalalteration and undue burden limitations described below. USDOJStandards Changes It is important to notethat thereare limitationsset by the Department of Justice regulations to the requirements for correction of existing facilities. These limitations, excerpted below, recognize that the regulations and standards change periodically, and permit more recent updates to remain eventhough they maynot comply with the current standards. TitleIIRegulations RevisedFinalTitleIIRegulationwithIntegratedText Part35NondiscriminationontheBasisofDisabilityin StateandLocalGovernmentServices (as amendedbythefinalrulepublishedon September15,2010) Authority:5U.S.C.301;28U.S.C.509,510;42U.S.C.12134. Subpart D—Program Accessibility §35.150 Existing facilities (b) Methods. o(2) (i) Safe harbor. Elements that havenot been altered in existing facilities on orafter March 15, 2012, and that comply with the corresponding technicaland scoping specifications for those elements in either the 1991 Standards or in the Uniform Federal Accessibility Standards (UFAS), Appendix A to 41 CFR part 101–19.6 (July 1, 2002 ed.), 49 FR 31528, app. A (Aug. 7, 1984) are not required to be modified in order to comply with the requirements set forth in the 2010 Standards. 5 28 C.F.R. §§ 35.150(d)(2) Page 16 of 20 City of Bremerton ADA Transition Plan Further,Sec.35.151(a)(2)providesthatfullcompliancewiththerequirements of this section is not required where an entity can demonstrate that itis structurallyimpracticabletomeet the requirements. It is however rather narrow in scope in that full compliance will be considered structurally impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporationof accessibility features. In addition, whilethe path of travel requirementsand theexemption relatingto barrier removal are now included in the regulation, the specificrequirements are limited to the extent that the cost and scope of alterations to the path of travel are disproportionate to the cost of the overall alteration. The exemption may generally be applied when the cost exceeds 20 percent of the cost of the alteration to the primary function area. Caution should be used in determining the primary function area for this exemption. These limitations and exemptions are considered in the City of Bremerton’spoliciesand programs. Curb Ramps Existingpedestrianfacilitiesinthepublicright-of-waymustbemadeaccessibletoindividuals with disabilities. Necessary curb ramp improvements identified in the self-evaluation will be addressed with scheduledprojects aswell asseparate projects to specificallyaddress pedestrian accessibility. The prioritized list of deficiencies identified in the self-evaluation will be used to prioritize and develop budgets for such improvements over time. A DRAFT SAMPLE GIS map of the ramps inventoried as of September 19, 2016, coded by color, is shown inAppendix I.Notethatthis isapreliminary analysisandmaychangeastheanalysisis improved. Pedestrian PushButtons Title II ofthe Americans with Disabilities Act (ADA)and Section 504 of the Rehabilitation Act specifically requires that signals be made accessible to pedestrians with vision disabilities. Currently, there is no standard as to when existing pedestrian push buttons need to be upgraded to Accessible Pedestrian Signal push buttons. Oncefinalized and adopted by the Department of Justice and the U.S. Department of Transportation, the Public Rights-of-Way Accessibility Guidelines (PROWAG) will be the standard for public right-of-way facilities. Until that time, FHWA requires State DOTs and local agencies to develop and follow a reasonableand consistent policyfor addressing accessible pedestrian signals andpush buttonsin the public right-of-way. It is the City of Bremerton’s APS push button policy toincludeAPS push buttons on all new signals, and the inventoryplan will prioritize existing signals for upgrades. Obstructions in the Right-of-Way The City of Bremerton, home to the Puget Sound Naval Shipyard & Intermediate Maintenance Facility, was founded in 1891 by German immigrant William Bremer. The history of Bremerton and that of the navy base have always been inextricably entwined, with the fortunes of the former Page 17 of 20 City of Bremerton ADA Transition Plan highly dependent on the activities of the latter. Bremerton made it through the ups and downs of a military-dominated economy for most of the twentieth century, but barely survived the 1980s when almost every major business enterprise moved to Silverdale, and significant military spending was diverted to the new Trident submarine base at Bangor. The City managed to hold on through the 1980s and 1990s, and in recent years has taken serious steps to reinvent itself and revitalize its economy. Although the 2010 world economic slowdown has hampered these efforts, some activity at the Shipyard has continued and increased since, and Bremerton has plans in place to continue its renaissance as financial conditions allow. As a part of that history,the development of sidewalks, shared use paths and overall pedestrian facilities occurred as each section of the City was constructed or reconstructed over the past 120 plus years, and as portions of the City were annexed from the County. Those facilities often reflect the standards at the time they were constructed. As a result, there are many instances of facilities that do not meet current ADA standards. As noted above the City desires to upgrade those facilities, and remove obstructions that now exist. Such obstructions range from no sidewalks, to narrow sidewalks, to utility pole incursions, damaged sidewalks and ramps, fire hydrants and other street fixtures, signs, and traffic signals. The City is actively considering removals through its agreement with Puget Power and other obstructions as each budget cycle proceeds. The intent is to remove obstructions as rapidly as budget and other considerations allow. Puget Sound Energy To address one of themore challenging obstructions, utility poles, the City developedan informal agreement with Puget Sound Energy (PSE) to identify and remove or relocate poles that obstruct those paths. In most cases, it means relocation. Under the agreement, the City is to acquire easements or rights-of-way at its expense and PSE agreed to relocate the offending poles at their expense. A concerted effort has continued for the past severalyears to move forward on that agreement, and some relocations have occurred. But the difficulty of acquiring rights-of-way using federal acquisition standards (necessary to protect its ability to use federal funds, a key transportation funding source), coupled with the cost of those rights-of-way has provenadifficultchallengetoovercome. However, that effort iscontinuing and the Cityintendsto develop a more specific acquisition plan by the end of 2018 to better address this challenge. Disrepair andGapsin the SidewalkSystem While the legal responsibility for sidewalks is typically that of the adjacent landowner, as in most cities across the country, that responsibility has proven difficult to enforce, particularly in challenging economic times. The City intends to develop a policy and procedure to address correction of broken sidewalks, along with developing a prioritized list of gaps in the pedestrian system, following completion of the inventory, and by the end of 2018. Page 18 of 20 City of Bremerton ADA Transition Plan OtherObstructions Other obstructions are planned to be addressed in the correction of ramps, when signs are upgraded or replaced, and as a part of street improvementsas they occur. Priorities for such improvements include consideration of the pedestrian facilities in the project. Milestones To measure progressin its Plan,the City has established the following milestones. Each year these milestones will be reviewed and updated as a part of the budgeting process. 1.Completion of Initial Inventory – December 2019 2.Inventory Update – Ongoing 3.Prioritization Update – December Annually 4.ADABudgetElements–DecemberAnnually 5.Five Year Inventory Review – July 2024 6.Ten Year Inventory Review – July 2029 7.Transition Plan Review and Update – December 2029 Budgeting and Implementation This Plan sets a goal that the City intends to pursue in its annual budgeting process of 5% of the Street O&M Budget for corrections, with a $100,000 minimum expenditure. Each annualbudget will begin with that assumption. The City is currently budgetingall new projects for appropriate standards for pedestrian facilities. It has also accomplished upgrades to facilities specifically identified by the ADA Committee over the past several years. The newly created inventory will be the foundation for annual budgets to address identified needs on a priority basis. COMMUNITY INVOLVEMENT During development of thePlan,the ADA Advisory Committee was engaged through each step of the process,from the background report that identified the specific needs leading to the Plan, through identification of the prioritization methodology. In addition to the representation and engagement of the ADA Advisory Committee, the City provided an open house session for public presentation and review of the Draft Plan, followed by an additional opportunity toprovide additional feedback before the Plan was submitted to the Council in public session for their review and approval. Two comments were received,neither substantive to thePlan.A copy of those comments and the City’s responses is attached in Appendix K. Publicmeetings and public involvement following adoption of the ADA Transition Plan includethequarterlyADAAdvisoryCommitteeMeetings,alongwiththeAnnualreports and the Five and Ten-year reviews that will be presented to the City Council. As previously stated, the City intends to advertise these meetings widely to encourage attendance and Page 19 of 20 City of Bremerton ADA Transition Plan promoteinvolvementtoensuretheADATransitiontocompliantfacilities proceeds in an efficient manner to bestservethe ADAcommunity to the greatest extent possible. Page 2 of 20 City of Bremerton ADA Transition Plan APPENDICES APPENDIX B Compliance Structure Mayor ADA ADA Grievance Coordinator Policy Parks & Facilities Employment Recreation Accessibility Accessibility Accessibility Parks Transition EEO Policies CommitteePlan Public Works Parks Director HRManager Director Existing Rightsof Way New Facilities Facilities ADA Liaison ADA Liaison ADA Liaison Parks Ops Street Ops City Engineer Manager Manager Page ii City of Bremerton ADA Transition Plan APPENDICES APPENDIX C 6 The City of Bremerton ADA Coordinator The ADA Coordinator is responsible for coordinating the effortsof the City program to comply with Title II and investigating any complaints that the City has violated Title II. Duties ofan ADACoordinator Maintain currentknowledge of thelaws and regulations of the Federal Americans with 7 Disabilities Act. Maintain current knowledgeof lawsand regulations for access and accommodation by the State ofWashington. Workwith the City Attorney forinterpretation and application of federal and state laws regarding equal access for people with disabilities. Coordinate with the City Department’s ADA compliance personnel tokeep them current on requirements and changes; however, each Department is responsible to ensure their programs and facilities are ADA compliant. For example, the Parks and Recreation Department is responsible to ensure their programs are accessible, and to coordinate with the Legal Department to resolve any issues, and likewise the Human Resources Division will coordinate with the Legal Department on employment accessibility issues. Monitor andensure the City’scompliance with state and federal disability laws. Monitor the reduction of architecturalbarriers for individuals with disabilities. Develop and maintain relationships with local disability advocacygroups and thelocal disability community. Monitor and improve the physical, electronic, and programmatic access to the City and its services. Provide ongoing support andguidance to City staff regarding issues relating to disabilities and accommodation. Advise and coordinate with Department heads for improvement of provision of accommodation, staff training and other improvements. Receive and process accommodation requests. Conduct and/or coordinate investigations of Section 504/ADA complaints in accordance with the City’s discrimination complaint procedures. This may involve interviewing complainants, respondents, and witnesses; reviewing documents and other relevant materials; and researching legal standards and requirements relevant to the complaint. o If the ADA Coordinator has identified a conflict of interest with respect to a complaint, the Coordinator should recommend that the City hire a neutral outside investigator to investigate a particular complaint. 6 Adapted from The Washington Courts Model description for courts. http://www.courts.wa.gov/ 7 http://www.ada.gov/2010_regs.htm Page 3 City of Bremerton ADA Transition Plan APPENDICES Upon completion of the investigation, provide the Mayor with a written report of the complaint and the resultsof the investigation in timefortheMayortorespond tothecomplainant within30daysaftertheCityinitially received the complaint. Organizeandmaintain recordsofallSection504/ADAanddisabilitydiscrimination complaints filed,including allformal andinformal complaints. At least annually, review complaint files to ensure that theCity’s complaint procedures and timelines are consistently being followed, and to identify any patterns and repeat offenders. Facilitatean annual report totheCity Councilon progress. Provideongoing coordination and support with Department designated ADA Liaisons. Preferred Skills: Familiarity with City structure, programs, and employees. Ability to learn about ADA and other laws addressing the rights of people with disabilities, such as Section 504 of the Rehabilitation Act, 29 U.S.C. § 794 and 49.60 R.C.W. Ability to work cooperatively with City employees and people with disabilities. Familiarity with local disability groups. Organizational and analytical skills. Preferred Experience: Experience with people with a broad range of disabilities. The City of Bremerton Department ADA Liaison TheDepartment ADALiaisonisresponsibletoadvisetheirDepartmentHeadon accessibility for theprograms and facilities or buildings it manages, and to assist the ADA Coordinator in the efforts of the City program to comply with Title IIand investigateanycomplaints that the Department has violated Title II. Duties ofa Department ADA Liaison Reporting to theDepartmentHead, the Department ADA Liaison is responsible to: Identify impediments to accessibility in its programs and facilities. Work with the ADA Coordinator for application of the laws and regulations of the 8 Federal Americans with Disabilities Actand the laws and regulations for access and accommodation by the State of Washington within the Department. Monitor the reduction of architectural barriers for individuals with disabilities for Department facilities, and advise the Department Head of potential deficiencies. 8 http://www.ada.gov/2010_regs.htm Page 4 City of Bremerton ADA Transition Plan APPENDICES Monitor and improve the physical, electronic, andprogrammatic access to the Department and its services, and advise the Department Head of potential deficiencies. Liaise between the ADA Coordinator and Department staff regarding issues relating to disabilities and accommodation. Coordinate accommodation requests with the ADA Coordinator and Department Head. Workwiththe Department Head andstaff to provide relevant information totheADA Coordinator for any investigations of complaints. Facilitate records of responses to ADA complaints. Preferred Skills: Strong organizational, communication and interpersonal skills. Self-directed, detailed-minded problem solver. Familiarity with Department structure, programs and employees. Ability to learn about ADA and other laws addressing the rights of people with disabilities, such as Section 504 of the Rehabilitation Act, 29 U.S.C. § 794 and Chapter 49.60 R.C.W. Ability to interpret data. Ability to speak effectively before groups of citizens and staff. Ability to work cooperativelywithCity employeesandpeople with disabilities. Preferred Experience: Experience withpeople with disabilities. Page 5 City of Bremerton ADA Transition Plan APPENDICES APPENDIX D City of Bremerton Notice Under the Americans with Disabilities Act In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Bremerton (“City”) will not discriminate against qualified individuals with disabilitiesonthebasisof disabilityinitsservices,programs,oractivities. The City does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity CommissionunderTitle Iof the ADA. The City will generally, upon request, provide appropriate aids and services leading to effective communicationfor qualified persons with disabilitiesso they can participate equally in the City’s programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways ofmaking information andcommunications accessible to people whohave speech, hearing,orvisionimpairments. The ADA does not require the City to takeany action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. The City will makesuch reasonable modifications to policies and programs to ensure that people with disabilitieshave an equal opportunity toenjoy all of itsprograms, services, and activities. For example, individuals with service animalsarewelcomed in City offices, even where pets are generally prohibited. Anyone who requires an auxiliary aid or service for effectivecommunication,or a modification of policies or procedures to participate in a program, service, or activity of the City should contact the ADA Coordinator as soon as possiblebut no later than 48 hours before the scheduled event. The City of Bremerton will not place a surcharge on a particular individual with a disability or anygroup of individuals withdisabilitiestocoverthe cost of providing auxiliary aids/services or reasonable modifications such as retrieving items from locations that are open to the public but are not accessible topersons who use wheelchairs. Complaints that a program, service, or activity of the City is not accessible to persons with disabilities should be directed to the ADA Coordinator in accordance with theCity of Bremerton Grievance Procedure under the Americans with Disabilities Act (Title II). A copy ofthe procedure may be obtained by contacting the office of the ADA Coordinator: ADA Coordinator / City Engineer 3207 Olympus Drive,Bremerton, WA 98310 (360) 473-2376 Page 6 City of Bremerton ADA Transition Plan APPENDICES APPENDIX E City of Bremerton Grievance Procedure This Grievance Procedure is established to meet the requirements of the Americans with DisabilitiesAct of 1990("ADA").Itmaybeused byanyonewhowishestofileacomplaint alleging discrimination on the basis of disabilityin theprovision of services, activities, programs, or benefits by the City of Bremerton.The City’s Personnel Policy governs employment-related complaints of disability discrimination. 1.The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem.Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request. 2.The complaint should be submittedby thegrievant and/or \[his/her\] designee as soon as possible but no later than 60 calendar days after the alleged violation to: ADA Coordinatorand CityEngineer 3207 Olympus Drive Bremerton,WA 98310 3.Within 30 calendardaysafterreceiptofthe complaint,ADACoordinatoror hisdesignee will attempt to meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, ADA Coordinator or his designee will respond in writing, and when requested, in a format accessible to the complainant, such as large print, Braille, or audio tape. Theresponse will explain the position of the City of Bremerton andofferoptionsfor substantiveresolution ofthecomplaint. 4.If the response by the ADA Coordinator or his designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appealthedecisionwithin 15 calendar days after receipt of the response to the CityHearingsExaminer or their designee. Theresponse shall be considered received by the complainant on the third business day following the date it is sent to the complainant by the City. 5.A hearing of the grievance shallbe scheduled at the next available proceedings ofthe Hearing Examiner, whichwill typically be within 30-days of the appeal request by the complainant. Communication with the complainant will be in a format accessible to the complainant. 6.All writtencomplaints received by the ADA Coordinator or his designee, appeals tothe City Hearings Examiner or their designee,and responses from these two offices will be retainedbytheCityofBremertonforatleastthreeyears. Page vii City of Bremerton ADA Transition Plan APPENDICES 7.The right of a personto a prompt and equitable resolution of the complaintfiledhereunder shallnotbeimpaired by theperson's pursuit of other remedies such as the filing of anADA complaint with the responsible federal department or agency. Use of thisgrievance procedure doesnot affect nor does it prevent the pursuit of other remedies. 8.These rules shall be construed toprotect the substantive rights of interested persons, to meet appropriate due process standards, and to assure that the City of Bremerton complies with the ADA and implementing regulations. Page viii City of Bremerton ADA Transition Plan APPENDICES APPENDIX F ADAGrievanceForm COMPLAINT OF ACCESS VIOLATION OR DISCRIMINATION ON THE BASIS OF DISABILITY The City of Bremerton will make every reasonable effort to ensure that confidentiality is maintained throughout the complaint, investigation, and corrective action process to the extent consistent with the law. This means that the City will share any sensitive information you provide here only on a need-to- know basis. Individual identifying access violation or discrimination Name Address Telephone Authorized representative of individual above (if any) Name Address Telephone 1.Please describe the City of Bremerton’s alleged violation of access requirements, or discriminatory action, in enough detail so that the nature of your grievance can be clearly understood. Add additional pages if necessary: 2.Please give the date(s), time(s) and location(s) of the incident(s) or observation(s) you are reporting: 3.If the incident involves a City of Bremerton employee(s) please provide his or her name(s), if known: Page 9 City of Bremerton ADA Transition Plan APPENDICES 4.If the grievanceinvolvesphysical accesstoa City ofBremerton publicfacilityor building, land, or right-of-way, please provide the specific address(s) of those locations, if known: 5.Please give the name(s) and address(es), if known, of any witnesses to the access violation or alleged discrimination: 6.If this complaint is filed on behalf of a second person, or on behalf of a group of people, please provide the names and addresses of all of the grievants, if possible: 7.What action do you want taken to correct the alleged access violation or discrimination? 8.Is there any other information you want the City to know concerning your grievance? Signature: Date: Signature of (check one): Observer of alleged access violation Victim of alleged discrimination Authorized representative Submit this formto theappropriatedepartment head,ortotheCityADACoordinator. Page City of Bremerton ADA Transition Plan APPENDICES APPENDIX H Inventory Checklist Page xii City of Bremerton ADA Transition Plan APPENDICES APPENDIX J Property Classification Codes PROPERTY CLASS CODE DESCRIPTION 1 REFERENCE STATUS Low Med High 111 SINGLE FAMILY RES X 111 SINGLE FAMILY RES (FL REMOVAL)X 119 1 MOBILE HOME ON RP X 118 MOBILEHOME - LEASED LAND X 119 MH (FL REMOVAL) X 118 NO FUTURE ASSESSMENT X 121 DUPLEX X 122 TRIPLEX X 137 TWO TRIPLEXES X 123 FOUR-PLEX X 131 5-9 UNITS X 132 10-14 UNITS X 133 15-19 UNITS X 134 20-29 UNITS X 135 30-39 UNITS X 136 40-49 UNITS X 137 50+ UNITS X 138 RETIREMENT APARTMENTS X 141 CONDO - RESIDENTIAL X 500 CONDO - RETAIL X 500 CONDO - OFFICE X 500 CONDO - MARINA X 150 MOBILEHOME PARK X 160 HOTELS AND MOTELS X 161 BED AND BREAKFAST LODGING X 170 INSTITUTIONAL LODGING X 180 OTHER RESIDENTIAL X 183 SHEDS AND GARAGES X 198 CABIN X 210 FOOD PRODUCT MANUFACTURINGX 230 APPAREL/FABRIC MANUFACTURING X 240 WOOD PROD. MANUFACTURINGX 250 FURN/FIXTURESMANUFACTURINGX Page 14 City of Bremerton ADA Transition Plan APPENDICES PROPERTY CLASS CODE DESCRIPTION 1 REFERENCE STATUS Low Med High 270 PRINTING/PUBLISHING X 630 MISCELLANEOUS MANUFACTURING X 390 ALUM.PRODUCTS X 320 CLAY/GLASS PRODUCTS X 340 FABRICATED MATERIAL PROD.X 390 MISCELLANEOUS MANUFACTURING X 410 RAILROADS X 420 MTR VEH TRANSPORT X 430 AIRCRAFT TRANSPORT X 440 MARINE TRANSPORT X 450 RIGHT OF WAY X 459 TOTALLY ENCUMBERED BY EASEMENTS X 460 PARKING X 470 COMMUNICATION X 480 UTILITIES X 483 WATER SYSTEMS X 485 SANITARY LANDFILLS X 489 OPERATING PROPERTY X 490 OTHER UTILITIES X 510 WHOLESALE TRADE X 520 RETAIL-BLDG MATERIALS X 530 RETAIL-GENERAL X 540 RETAIL-FOOD X 541 CONVENIENCE STORESWITH GAS PUMPS X 543 CONVENIENCE STORESWITHOUT GAS PUMPS X 545 CHAIN-TYPE GROCERIES X 550 RETAIL-AUTOMOTIVE X 551 MANUFACTUREDHOUSING SALES LOT X 559 AUTO WRECKING YARD X 560 RETAIL-APPAREL X 570 RETAIL-HOMEFURN X 580 RETAIL-EATING X 580 RESTAURANTS X 581 FAST FOODX 582 TAVERN X Page 15 City of Bremerton ADA Transition Plan APPENDICES PROPERTY CLASS CODE DESCRIPTION 1 REFERENCE STATUS Low Med High 590 OTHER RETAIL TRADE X 591 NEIGHBORHOOD CENTER X 592 COMMUNITYCENTER X 593 REGIONAL CENTERX 610 FINANCE/INSURANCE/ETC. X 611 BANKS X 620 PERSONAL SERVICES X 624 CEMETERY X 630 BUSINESS SERVICES X 637 GENERAL WAREHOUSE X 638 MINI WAREHOUSE X 640 REPAIR SERVICES X 641 SERVICE STATIONS X 650 PROFESSNL SERVICES X 651 MEDICAL/DENTAL OFF X 653 HOSPITALS X 656 CONVALESCENT CENTER X 660 CONSTRUCTION SERVICES X 670 GOVERNMENTAL SERVICES X 637 STORAGE X 680 EDUCATIONAL SERVICES X 690 MISC SERVICES X 691 CHURCHES X 710 CULTURAL ACTIVITIES X 720 PUBLIC ASSEMBLY X 730 AMUSEMENTS X 530 AMUSEMENTS X 740 RECREATIONAL X 740 RECREATIONAL (FL REMOVAL) X 744 MARINA X 750 RESORTS/GROUP CAMPS X 760 PARKS X 790 OTHER RECREATION X 810 AG (NOT O.S.) X 820 AG RELATED X Page 16 City of Bremerton ADA Transition Plan APPENDICES PROPERTY CLASS CODE DESCRIPTION 1 REFERENCE STATUS Low Med High 822 VETERINARIAN SVCS X 830 OPEN SPACE - AGRICULTURE X 840 FISHING/RELATED SVC X 850 MINING/RELATED SVC X 880 CLASSIFIED FOREST LAND X 880 DESIGNATED FOREST LANDX 890 RESOURCE PRODUCTION X 910 UNDEVELOPED LAND X 910 UNDEVELOPED LAND (FL REMOVAL) X 911 COMMON AREA X 920 NONCOMMERCLFOREST X 930 WATER AREAS X 939 TIDELANDS X 940 OPEN SPACE X 950 OPEN SPACE - TMBR X 990 OTHER UNDEV LAND X Page xvii City of Bremerton ADA Transition Plan APPENDICES APPENDIX K Public Comments on Plan Page xviii City of Bremerton ADA Transition Plan APPENDICES Page 19 City of Bremerton ADA Transition Plan APPENDICES Page 20 City of Bremerton ADA Transition Plan APPENDICES Page 21