HomeMy WebLinkAbout22-10RESOLUTION NO. 2 2 -10
A RESOLUTION of the City Council of the City of Port Angeles, Washington,
authorizing appointment of a Hearings Examiner to conduct an open record
hearing on SEPA issues regarding the proposed Biomass Cogeneration
Facility Project at the Nippon Paper Mill Site on Ediz Hook, and authorizing
the City Manager to enter into an Interlocal Agreement with Clallam County.
WHEREAS, Nippon Paper Industries USA (Nippon) applied to the City of Port Angeles
for a Shoreline Substantial Development Permit (SSDP) and Conditional Use Permit (CUP) to
allow construction of a proposed Biomass Cogeneration Facility at the Nippon Paper Mill site
on Ediz Hook (the Project); and
WHEREAS, a final environmental impact statement (FEIS) relating to the Project was
issued by the City under the State Environmental Policy Act (SEPA) on September 3, 2010; and
WHEREAS, the Port Angeles Planning Commission conducted an open record hearing
and approved the SSDP and the CUP on September 22, 2010; and
WHEREAS, several organizations (Appellants) have appealed to the Port Angeles City
Council the adequacy of the FEIS and the approval of the SSDP for the Project; and
WHEREAS, Nippon and the Appellants agree that an open record hearing should be held
on the adequacy of the FEIS for the issuance of the SSDP; and
WHEREAS, the City Council has determined that use of a hearings examiner is the most
efficient method to conduct a full and fair open record hearing on SEPA issues relevant to
approval of the SSDP for the Project; and
WHEREAS, once the hearings examiner has completed that process, the record of that
hearing, the Examiner's proposed Findings and Conclusions, the record of the Planning
Commission hearing, the Commission's Findings and Conclusions, and the Commissioner's
decision on the SSDP will be forwarded to the City Council; and
WHEREAS, the City Council will conduct a closed record appeal hearing. The closed
record hearing will consider issues arising from approval of the SSDP for the Project and the
adequacy of the FEIS for the SSDP.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port
Angeles that:
Section 1. If Chris Melly is available and able to promptly conduct the hearing, the
City Council hereby appoints the Clallam County Hearings Examiner, Chris Melly, to conduct
on behalf of the City the open record hearing on SEPA issues relevant to approval of the SSDP
for the Project. Should Mr. Melly not be available or able to promptly conduct the hearing,
Council authorizes the City Manager to appoint a hearings examiner subject to agreement by
Nippon and the Appellants.
Section 2. The City Council hereby delegates to the hearings examiner the authority
and duty to conduct a full and fair open record hearing on the SEPA issues relevant to approval
of the SSDP for the Project and then submit to the City Council proposed Findings and
Conclusions resulting from that hearing.
Section 3. The City Council authorizes the City Manager to enter into an Interlocal
Agreement, as appropriate, with Clallam County to secure the services ofthe Hearings Examiner
to conduct the open record hearing as authorized in the preceding Sections.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 1 9 t h day of October, 2010.
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ATTEST:
ssa Hurd, City Clerk
G \LEGAL \a ORDINANCES &RESOLUTIONS\RESOLUTIONS 2010\24 Hearings Examiner 101910 wpd
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APP 1 OVED AS TO FO
William E. Bloor, City Attorney