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Home My WebLink AboutAgenda Packet 1/2/2002 ~ t,' I' ORTAN~EJ.;ES, ,~ ." ~"'GENT;\A !<"%{',:;::",-,::~ ,', ".lJ_~, '.~""CIT~,CO,UNCIi:'~:F;rING ' ,c321 E~T miii STREET' i;_'",; ASH I N G TON. U. S. A. J all1J~ry 7;",,70Q~""":;F;, REGtrtA<<l\'iEETIl~G..'r~~!~"Op.rp. f~L/1'()q!u?ER-:RegularMeetiI1i'!(6:00p.m.) .'" . ......., ;. ,,'t... ....,.., '1. Administration 9f,b~th 9fOffice tpqary Braun, Richard Headrick, Karen'Rog~rs,.al!cl.!-~~ Willi~ms 2. Election/SeatingofMaY9r:,'.;", ' ' . 3. .Election/Seating of Deputy-Mayor: ROLL.CALL- PLEDGE'OFALLEGIANCE - " PTJB:(,.IC CERE~ONI,ES,PRESEN'I'ATIONS ~~~()~L~TJ()~S <' ... ~~~9~iti()rihf t4~;,N~~natiop otB~~J.~gllills to"the Coll~ge ofFe!lows of the AmeI19at1'{. ,<.lnstitute of Certified Planners '}:",",::,;';'l''-~',:i-', '; '---'i,';',:,::1;'V,l'A:"",:"" !' ;, ,_,"i;;i:1>:, Read Recogi1ition ~~terial . ',':, , ',""--"",:'-.-'-,y-::,.,:<',"'.;,, " '"'ii' '1~ B,WORKSESSION 1: Mors~Cr~~k Ba~i~ W atersh~d Plan . . Reco'mrriendations ,! ,,-,""-''-!11';' .= C. . LATEITEl\f~!rO'BE PLACE~ ON*~:J:IIS':ORF~~~GENDAS (BYC~~~~iV'StaJJ;-d.&publiC),~ . PU>>LIC;CO~l'IT FOR ITEMS .~OT.oN AGE~~,~t..(Thi~ is the opportunitYfor"!~,!,l;ersof the publtc.to speak to the.City Council about anyth~'fg n'!!.81J thea$enda. plea,w! keep comments to 5-!Ominutes;) D. FINANCE E. CONSENTAGENDA 1. City COllncil minutes - December 17; 2001 specialmee~I1g~~o9,ging Tax and D9wntown ForWard JoiritMee,ting) ,.,' 2. City Council minutes - December 18, 2001 13 regular meeting 3. Surge Tank Bid Award Acceptance 19 4. NWPP AlElectrical Safety Consultants Inter- 21 national Contract for 2002 5. USDA Agreement to Provide Wildlife 23 Services for 2002 6. Payroll Information - December 23,2001 - 27 $433,228.76, ElectrqrHc Payments: Dec. 21 - $1,339,134.00; and Check Register: Dec. 27- $907,881.02 January 2, 2002 , NOTF;:HEARIN. . GtDEVI~ESlAYAIL.MJLE.FOR;t:':H.. O.S. EN.....E E.D...ING'AS..SISTANCE ..,;:MAYORfTO,DETERMlNETIMEOE,~BREAK .. . .... PoitAiigeleifCityCorinc!l Meeting "c,'--"fi.i ': .Page - 1 I' " . :-"",:_'~,'JS'T ' ,,' ;,-'-~ ,', :' --,~ ~~f'~W,;' ,~:,~, "iif~,:/i-~_~'_;_' :_.:,:'\t>',_; . ---,:.;/~?,p_:>lr{~ ;'f,"';" " "+,, :.; , ., '"'-,->:j:-'", ~. ,', ';Fj;i"'i"~?1!i :{'(.i~'::"~?~; ~":~ I F. G. NOTE: HEARING DEV!€}JS'AXAIUABLEFOll TH(jSF:~.~~DINGASSISTANCE' :;MAveRTeIDE-TERMINETlMEJ)Fiiinu:KK,'i, ",;",Bn,,,':' ,',. JanuarY,2, 2002 . .,POI't Angeles City C6ili1i::WMeetmg ,i Page - 2 "l1q/f"'"",!-t't~""14"~ Mt .;;4~~~lF'~ ti"f~ C-[rI,,'tt~ ~J.~. ~ ~ '~ / ~. tu ., ~cL ()vJ.~. G,,0 .~ -r- ~~ Lo& ;;n.d - /UD r~~' {)Tv. i:!. t::::. ~ . CITY OF PORT ANGEL'ES ~ ~ · ~ORTANGELES CITY COUNCIL MEETING WAS H I N G TON, U. S. A. January 2.2002 I. CALL TO ORDER - REGULAR MEETING: ~ W , (;:tn)~ n. ROLL CALL: Members Present: - " Mayor (h~tu~~ 1/ Councilman Braun ~ Councilman Campbell Councilmember Erickson Councilman Headrick Councilmember Rogers Councilman V/iggins Councilman Williams v V- I/'" ,,/ t// Staff Present: Manager Quinn Attorney Knutson Clerk Upton / ~ 4- ) ~ ~ t/ ;"./ II B. Collins M. Connelly G. Cutler D. McKeen T. Riepe y. Ziomkowski ~.~ ........-/ Other Staff Present: %.~ 1.~_ ~ cLy 1<.-0('. ~ tl/vI .e. k:. l.~ In. PLEDGE OF ALLEGIANCE: Led by: ~~U~~VjlI~jV~J~ CITY OF PORT ANGELES · :FORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEETING Attendance Roster DATE OF MEETING: LOCATION: January 2. 2002 City Council Chambers \c..E EN k~ oS N. II jJ... ~7: 2--;1, MEMO PUBLIC WORKS & UTILITIES DEPARTMENT Glenn A. Cutler Director [4801] Phyllis Rasler Administrative Assistant [4800] Cate Rinehart Administrative Assistant [4700] Ken Ridout Deputy Director [4802] Gary Kenworthy Deputy Director and City Engineer [4803] Scott McLain Deputy Director [4703] Jim Harper Electrical Engineering Mgr. [4702] Larry Dunbar Power Resources Mgr. [4710] Doyle McGinley Water. Wastewater Collection Superintendent [4855] Pete Burrett Equipment Services Superintendent [4835] Dave Ireland Light Operations Manager [4731] Jeff D. Young Treat. Plant Superintendent [4845] Tom McCabe Solid Waste Superintendent [4872] Steve Evans Landfill Supervisor [4873] Mike Horton Street Maintenance Supervisor [4825] FORWGELES WAS H I N G TON, U. S. A. DATE: January 2, 2002 TO: .~ Mayor and City Council FROM: Director Public Works and Utilities RE: MORSE CREEK HYDROELECTRIC FACILITY Mr. Kevin Duncan of Ebey Hill Hydroelectric, Inc., at the December 18,2001 City Council meeting, questioned the due diligence of the staff concerning the activation of the Morse Creek Hydroelectric facility, the status of the Federal Energy Regulatory Commission license and status reporting to Ebey Hill. The staff assured Mr. Duncan and City Council that the reactivation of the Morse Creek Hydroelectric facility was a high priority but that significant challenges needed to be addressed. Attached is a copy of a letter recently forwarded to FERC addressing the actions the City has taken in response to their direction concerning this project. Also attached are supporting documents concerning the current status. The intent of the memo is to assure you that we are moving forward, albeit not as quickly as desired, and keeping Ebey Hill informed of the events. If you have any questions please contact me at your convenience either at the office or by phone at 417-4800. Glenn A. Cutler Attachments: City of Port Angeles ltr of December 21,2001 FERC ltr of May 14,2001 (Consultation) FERC ltr of July 6, 2001 (FERC License) Copy to: City Manager Deputy Director PW&U, Power Systems N :\PWKS\LIGHT\Duncan _Redress. wpd ~.,~- ~ ~ORTANGELES CITY OF WAS H I N G TON, U. S. A. PUBLIC WORKS 8: UTILITIES DEPARTMENT December 21, 2001 Mr. David P. Boergers, Secretary Federal Energy Regulatory Commission 888 First Street N.E. Washington, D.C. 20426 RE: Morse Creek Project No 6461 Dear Mr. Boergers: The City of Port Angeles would like to update the Commission on the status for reactivation of the Morse Creek Hydroelectric Project No. 6461. One crthe items that have delayed the reactivation of the project has been a repair to th:;; water transmission pipeline in a di fficult area to access with equipment. All permits have beer. acquired from both Clallam County and the Washington Dcpar1ment of Ecology to make the repair, and this repair will be completed wh~n there ~s a week of clear weather to perform the work in accordance with the pennits. Because ot the difficult access, it was necessary to get an additional construction easement o'ler private property for equipment access to the site. This easement has also been ohtained. ~" ~ The other issue that has delayed reactivation is consultation with the agencies concerning the Endangered Species Act and two listed species that exist in this region, Chinook salmon and bull trout. We have had several meetings, starting in April 2001, with the US Fish and Wildlife Service (FWS), Washington State Fish and Wildlife, Washington Department of Ecology, National Marine Fisheries Service (represented by FWS), and the Lower Elwha Klallam Tribe to discuss possihle effects to listed species and how the project can minimize the potential for taking of any listed species. Per your requirements in your letter dated May 14, 2001, the City will continue informal discussiuns with the agencies to determine impacts to listed species. The City has contracted with CH2MHill for services of a fishelies expert to consult with the agencies. These talks are progressing, but no agreements have been reached at this time. Our next scheduled meeting is January 24,2002. The City believes this issue is the critical path for project reactivation. The City had intended that the lessee of the project would make repairs to the pipeline after the lease was signed, but hecause of the delays in permitting and acquiring the construction easement for the project, along with the requirements of the Endangered Species Act, the City intends to make the necessary repairs in parallel with the 321 EAST FIFTH STREET · POBOX! 150 · PORT ANGELES. WA 98362-0217 PHONE. 360-417-4805 · FAX 360-417-4542 · TTY. 360-417-4645 E-rvlAI L PU BWOP KS_~CI PORT-M,GEL E5 WA. US '?.1~~"":~:~,!""'~.I,~~:t" ~~,~.,.,..r.',?;'l1~~ .~''":''"; ,r consultation with the agencies. This is intended to speed up reactivation once agreement is reached with"!he agencies. On Septemb~r 12,2001, Mr. Karl Swanson of the FERC Portland, OR office inspected the project and highlighted six items that need to be completed prior to operation. The City co~curs with his findings, and will complete these items before resuming operation. " Thank you for your patience and help in the reactivation of this project. Sincerely, . )~ -1YJ< o(~ Scott McLain Deputy Director of Power Systems Cc: Ms. Brett DeMond Department ofFish and Wildlife 600 North Capital Way Olympia, Wa. 98504 " William C. Fiymire, MG., Office of the Attorney General . Fish and Wildlife Division ~ P. O. Box 40100 Olympia, Wa. 98504-0100 Christine O. Gregoire Office of Attorney General P. O. Box 40117 Olympia W A. 98504-0117 Nancy J. Gloman u.s. Fish and Wildlife Service 510 Desmond Drive SE, Suite 102 Lacey, W A 98503 Mr. Karl Swanson, PE .Federal Energy Regulatory Commission Portland Regional Office 101 S.W. Main Street, St:ite 905 Portland, OR 97204 Mr. Kevin Duncan Ebey Hill Hydroelectric, Inc. 25829 JimCreek Road Arlington, W A 98223 . ..1 L E (~. ~ ~ \J ~~ ~.,~; i-lilY , 7 2001 FEDERAL ENERGY REGULA TORY COMMISSION Washington, D. C. 211426 OFFICE OF ENERGY PRO.JECI'S Project No. 646] -Washington Morse Creek Project City of Port Angeles Mr. Steven E. Hursh City of P0l1 Angeles P.O. Box] ] 50 P0l1 Angeles, W A 98362 MAY 14 2001 Dear Mr. Hursh: We received a copy of the U.S. Fish and Wildlife Service's (FWS) letter to you, dated March 26, 200 I, regarding possible impacts to bull trout and chinook salmon, both listed under the Endangered Species Act, resulting from continued operation of the Morse Creek Project. The project is located on Morse Creek in ClaUam County, Washington. BACKGROUND ., The Commission issued a license for the operation of the Morse Creek Project on September 20, ] 985. 1 On October 8, ] 998, you filed an application to surrender the license for the Morse Creek Project stating the annual expenses to operate and maintain the project exceed the value of the project's generation. The Commission issued an Order Conditionally Accepting Surrender of License, on October 22, 1999. Ordering paragraph (A) of that order required you to submit within] 20 days, documentation verifying certain measures have been taken to secure project facilities. By letter to the Commission dated July 18, 2000, you indicated that a separate entity was interested in operating the project on your. behalf. 2 More recently, in a letter to the Commission dated March 14,2001, you state that the City Council has approved a lease agreement with EBEY Hill Hydroelectric that would operate the project for you. In 132 FERC ,-r 62,6] 8 (1985). See also 43 FERC,-r 62,234 (1988) and 51 FERC,-r 62,328. 2See the Commission's response to you dated September 20, 2000. 1- -,'~!1.!"ri;-~..:\~'-c1>~~.f'"''-. >4'1",-""'"S-,",,.,. "l,,~ "-,, 2 this letter, you asked the Commission to allow a reasonable time frame to make the repairs on the pipeline so that the project can be brought on-line.3 MARCH 26, 200] LETTER In its March 26 letter, the FWS expressed concern over the slope stability along the penstock route and the installation of a permanent tailrace barrier. The FWS encouraged you to contact us to initiate section 7 consultation or alternatively prepare a habitat conservation plan under section ] 0 of the Endangered Species Act. The FWS also requested a meeting with you and any potential lessors of the project to discuss ways in which to avoid or minimize the potentia! for the t~king oflisted species. We understand that in April, you met with the FWS on this matter and have hired a consultant to assist you in this endeavor.4 The FWS agrees to continue to work with , you informally in addressing their concerns. Given possible project-related impacts to bull trout and chinook salmon, we encourage you to continue to work with the FWS in identifying any possible project- related impacts to listed species. As the FWS's letter indicates, formal section 7 consultation is necessary if it is determined that there is an adverse effect on listed species resulting from project operation. ,f;:: The FWS has indicated they arepleased with your progress and wish to continue to work infol111ally with you. If as a result of your investigations, you determine that project operation is adversely affecting listed species and additional measures may be necessmy to protect listed species, please notify the Commission as soon as possible. In this case, an amendment to your license may be necessaly. If Commission staff can be of assistance to you in this matter, please contact Dimla Shannon at (202) 208-7774. Thank VQII fQr vou.r cooperation. - "' . Sincerely, / / /.~ /j(.-,7 Ji.. {. i'v~/.j ...... f',-f--' l- George H. Taylor Group Leader Division of Hydropower Administration and Compliance 3This is being addressed in a separate proceeding. 4Ph~ne conversation between Mr. Fred Seavey, representing the FWS, and Diana Shannon, Commission staff, on May 8, 200]. FEDERAL ENERGY REGULA TORY COMMISSION Washington, D. C.10416 OFFICE OF ENERGY PROJECTS P-6461-022- Washington Morse Creek Project City of Port Angeles, Washington Mr. Scott McLain Deputy Director of Power Systems City of Port Angeles, Washington 321 East Fifth Street Port Angeles, W A 98362-0217 JUL 0 ~ 2001 Dear Mr. McLain: Thank you for your letter filed on April 30, 2001, which included a nine-point start up plan and a copy of the draft lease agreement that we had requested between the City and EBEY Hill Hydro Inc. for the Morse Creek Project. You also advise that the City provided a tour and inspection of the project on April 18,2001, with representatives of the U.S. Fish and Wildlife Service, Washington Department ofFish and Wildlife, the Lower Elwha Klallam Tribe, and Protect the Peninsula's Future. We commend you for initiating discussions with these groups either interested. in or affected by the City's decision to restart project operations. We have reviewed your nine-point plan for project reactivation and we find it acceptable; please be aware that all significant construction actions should be coordinated beforehand with the Commission's Portland Regional Office. We have also coordinated our review of the draft lease agreement with the Commission's Office of General Counsel. In their opinion, the agreement should be modified to the extent that a Linweave 1 clause is added to ensure compliance with the Commission's project control requirements. The following provision has been approved by the Commission and I have enclosed a copy of the Linweave order for your reference. Notwithstanding any provision contained herein, Lessee, its successors, and assigns, have the right to perform any and all acts required by an order of the Federal Energy Regulatory Commission or its successor 123 FERC ~ 61,391 (1983). "'!;'r"i>',':f7">,;;:.i:"::f'TIf; -:- ";-'\'''':-'--'~;:'' P-6461-022 -2- affecting the leased premises without the prior approval of the Lessor. In view of the City's decision to not complete the voluntary surrender of its project and instead commit to reactivation, we are deferring any further action concerning compliance with the deadlines for making the Commission's surrender order effective. Your letter filed on March 14, 2001, stated that the City's permit for making pipeline repairs restricts construction activities to certain weather conditions. You indicated that establishing a repair schedule under these circumstances is difficult and requested that the Commission allow a reasonable time frame to make the repairs. If the City will not have the project operational by December 31, 2001, please provide us with a status report by that date and, to the extent possible, a schedule for completing reactivation. Your cooperation is appreciated. If you have any questions concerning this letter, please contact me at (202) 219-2867. Sincerely, I~J. M'tf~. Peter J. McGovern Division of Hydropower Administration and Compliance. Enclosure: Order of June 21, 1983 cc: Michael Quinn, City Manager (w/o enclosure) City of Port Angeles, Washington 321 East Fifth Street P.O. Box 1150 Port Angeles, Washington 98362-0217 RESIDENT.s MESSAGE I I LET'S RE'OGNIZE OURSELVES As LEADERS ! ..:..:.;....;;;......:~.~;:::~.~~; ..e...n. 'e.Xid......;.~..,d,C. olliiut,.AJ,CP,t ........ !,._._.,"'."JII!" .'," ~~ '~,,::":;. '-;i.e~ . ,,,,,-~ .L....M R. "M';" ., w"" r~I.;~V~.ws;;. yer, . il<.f! .~;.:~ Wolfe AWtlrd far. Outstandi~ ;~ Service to the Planning Professich. Brad has served the planning profession for 30 ycars as a teacher, mentor, private planner and planning director. Steve Lewis, AICP, was awarded the President's Award for outstand- ing service [0 the chapter. Steve recently completed his two years as chapter president. Previously, Steve served many years as professional develop- ment officer (PDO) and set records for "pass rates" for AICP c<lndidares and for envianle FA.ICP nomination packages (l have heard this from many other chapter presidents!). Congratulations, Brad and Steve! Lisa Verner, AICP Usa. verner@weyerhaeuser.com Well, wc had a great con ference... in a beautiful ciry. Richard Rolland, H<1<l C<1tnmirree chrlir, pulled ,)llt all the stops. I would like to personally thank Heather McCartney, AICP, for her outsranding leadership of the st,He conference. Heather put 111 countless hours organizing ..me! (1\Trseeing Cl)nference ;lanning, and it showed' Roberta lewandowski, AICP; lyn Keenan; Roger Wagoner, FAlep; Rich Carson; and Kamuron Gurol, AICP, put Illgether the session tr<lcks and speakers. The inimitanle Joanie Pop was our conference mrlnager "Ile,' ag<lin. Thank YOll ali I NEWS OF THE DAY We have really great people \\'Ithin our chapter. We nomi- nated BradCollins,AI~ HeatherMcC~rtney, AICP; ,1l1c1 Harold Robertson, AICP, to the College of Fellows of the r American Institute of Certified i Planners..JFAICPl. This is a prestigious honllr and is based on rheir significant service within the pl<lnning profession. Susan Winchell, AICP, chaired this nominations committee. The nominees who are accepted .Will be inducted as Fe\1ows at the National Cnnference next year. Severa I of our members were recognized at the state confer~ PLANNING NORTHWEST il' ~, LEADERSHIP ISSUES Mrlyor John Powers of Spokane discussed leadership issues with us at the conference. He inspired us with his vision for Spokane and posed the ques- tion: Are planners regul<ltors or visionaries? "We're viSIOnaries" is my resounding answer I As planners we deal with regulation on a daily basis-to get us to the place we want to go, not as an end unto itself. Planners are community leaders. Leadership is about ha~ing <l dream and crafting a way to get there. We must move beyond setting up reglllations rhat ,lCt as barriers to achieving the dream and create a climate in which implementation is the norm. At the conference, several outstanding examples of planning leadership were recognized through the /\PA/ PAW Joint Awardsprogram (See awards imide on this page.). Good jon, everyone! 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CITY COUNCIL MEMO January 2, 2002 MA YOR AND CITY COUNCIL Brad Collins, Community Development Director ~ WATERSHED PLAN RECOMMENDATIONS ON THE MORSE CREEK BASIN Summary: The Elwha Morse Management Team has prepared recommendations for watershed plan policies regarding the Morse Creek Basin (Attachment A). The City of Port Angeles as one of five initiating governments under the State's Watershed Planning Act (2514) must agree to policies adopted for the western Water Resource Inventory Area 18 (Morse Creek to Elwha River Basins). The policy recommendations for Morse Creek are the first to be developed so far in the two years of watershed planning and could establish precedents for other basins in the western WRIA 18 watershed. " . Recommendation: In the work session, review the proposed policies and accept those which the Council believe will serve the public interests of the City. Continue review of those not accepted and either modify or reject them at the January 15, 2002, regular City Council meeting. Back&round / Analysis: Elected"and appointed City officials have participated over the last two years in the State's watershed planning process known as the 2514 Watershed Planning Act. The first set of policy statements have been recommended by the Elwha Morse Management Team (EMMT) for the Morse Creek Basin. For a policy to be adopted as part of the WRIA 18 Watershed Plan, it must be accepted by all five initiating governments, including the City of Port Angeles, and by the majority of 11 public interest caucuses that have been established to provide citizen participation in the process. City staffhave reviewed the proposed policy statements and have analyzed those which may be acceptable in their present form. There are four elements to the WRIA 18 Watershed Plan: Water Quantity, Water Quality, Habitat, and Instream Flows. Only the Water Quantity element is mandatory, but WRIA 18 agreed to consider the other three optional elements as well. The following explanation provides the conclusions in support of accepting x of y of the recommendations and the reasons for continuing review of the remaining policy statements until the January 15, 2002, meeting. Instream Flows may be the most crucial element, since it is intended to establish a junior water right for instream allocation purposes such as fish/habitat protection and water quality . 3 CC Memo EMMT Recommendations January, 2, 2002 Page 2 Instream Flows may be the most crucial element, since it is intended to establish a junior water right for instre~ allocation purposes such as fish/habitat protection and water quality protection. If minimum instream flows cannot be established at the local level, the Department of Ecology is authorized to set a minimum instream flow for a particular basin. Only the Instream Flow II recommendation is acceptable in its present fonn, because the City's hydro-electrical power plant operation and license recognizes the need to address September-October low flows. The City, Lower Elwha Klallam Tribe, and resource agencies will not complete their instream flow within the timeframe stated in Instream Flow I. The City staff opposes pursuing "target flows" in the watershed planning process. Target flow is a federal resource agency term that is proposed for protection of endangered species and could confuse the original purpose of watershed planning to assist in the allocation of out-of-stream water uses. Water Quantity is the only mandatory element, since it is needed to provide a baseline for any allocations of water for either out-of-stream or instream uses. For the most part, the City staff does not object to any of the four recommended statements, although we would suggest modifications to 'at least Water Quantity I and II. The City has expressed an interest in exploring a regional water supply system for the western WRIA 18 watershed in support of Water Quantity III, and Water Quantity IV seems consistent with the original intent of the 2514 Watershed Planning Act. This Act specifically refrains from affecting existing water rights. Therefore, Water Quantity I should not investigate relinquishing or abandoning water rights; however, identifying water rights for which there are no planned uses may be acceptable. With regard to Water Quantity II, metering is very precise, and measuring may be a more accurate description of what would be helpful and less threatening to existing as well as future water uses. Water Quality recommendations primarily deal with public health or fish habitat concerns. The City staffhas little disagreement with most of these recommendations. The more general policy statements may be preferable to specific targeted statements such as including Water Quality IV about golf course maintenance in Water Quality VI about educating golf course greenskeepers as well as homeowners. Similarly, the City staff proposes Water Quality III be eliminated or incorporated into Water Quality VII. Water Quality V is confusing and needs to either be modified or held up until the consultant's work in the next phase is completed. Habitat has generated the most discussion and recommendations (15) from EMMT. The City staffhas expressed concerns that this optional element overshadows the mandatory Water Quantity and the crucial Instream Flows elements. Also in the Habitat Element, issues of property rights as well as water rights come into conflict. For reasons of property rights, Habitat I and VII cannot be accepted, although Habitat II seems to address this. Concerns about the Olympic Discovery Trail do not allow acceptance of Habitat VI and IX, but Habitat VIII does speak to estuary restoration. City staff also has concerns similar to target flows regarding the appropriateness of Habitat X, XI, and XIV in the watershed planning process, when there are other fish recovery planning processes taking place simultaneously. Nonetheless, the City can support habitat restoration recommendations in Habitat III, IV, V, XII, XIII, and XV. Attachments: A - EMMT Recommendations B - City Staff Recommendations 4 . . . ATTACHMENT A ELWHA-MORSE MANAGEMENT TEAM MORSE CREEK PIJANNING RECOMMENDATIONS WORKSHEET . Attention EMMT Representatives, The following is a list of recommendations developed by EMMT with tentative agreement pending .formal approval by each government and interest caucus. Please use this form as a worksheet to indicate recommendations within each category that are supported (Y) or not supported (N) by your government or interest caucus. In the interest of conservina EMMT meetina time. we recommend that oraanizations modify those recommendations that are not acceDtable in the current form and submit these comments to Laura Costello bv January 4.2002. A section follows in which you may indicate recommendations that your organization does not support, even with alteration of language. INSTREAM FLOWS 1. _'nstream flow discussions underway between the City, Tribes and agencies are expected to be completed by the end of the year. EMMT has postponed consideration of an instream flow recommendation pending the outcome of those discussions, and expects to do that in January, 2002. II. _ Instream flow recommendations need to address September-october low flows III. _ There is insufficient basis for pursuing target flows in Morse Creek (Chinook are extirpated and the viability of a summer chum population is undocumented (may be strays). . WATER QUANTITY 1. _Request Ecology to investigate old water rights that may be relinquished or abandoned. II. _Meter all surface diversions and all nonexempt wells in hydraulic continuity with Morse Creek. III. _Address groundwater, water use, and future water supply strategies at scale of West WRIA 18 as a whole IV. _Defer until instream flow recommendations are clarified and the PUD has been consulted: Sufficient water may exist for new appropriations, but any new appropriations should be made junior to the instream flow rule. WATER QUALITY 1. _Review and analyze buffers to control influx from runoff and septic systems. II. _'nvestigate ways to eliminate toxies that may be leaching from pilings preserved with creosote at Railroad Bridge, such as "shrink wrap" (rubber cover). III. _Continue to monitor levels of toxins in Morse Creek that may be contributed from landfills. IV. _Explore alternative approaches to golf course maintenance (e.g., use of herbicides and pesticides) V. _Explore small package water treatment and reuse plants at Four Seasons Ranch and Four Seasons Park. Tie individual residences into waste main to City of Port Angeles serving WalMart and K-Mart. (Consultant was directed to investigate this in the next phase of work) VI. _Educate homeowners regarding lawn applications (e.g. fertilizers) VII. _Continue ongoing monitoring of water quality including pollutants in the water column start monitoring sediments' for potential pollutants. . 5 12/17/01 HABITAT I. _Investigate the consequences of the removal or pull back of dikes, elimination of floodplain constrictions and restoration of natural banks to restore functional a floodplain . downstream of river mile 1.7 (derived from EMMT meeting tapes). n. _Restore lower river meander to the extent possible. III. _Restore riparian function by encouraging conifer regeneration in deciduous stands along the creek and by restoring properly functioning riparian conditions. IV. _Restore Morse Creek side channels to the extent possible. V. _Restore large woody debris throughout the channel downstream of the falls. VI. _Investigate removal of railroad bridge flow restrictions (including abutments) VII. Approach to lower Morse Creek floodplain and meander restoration: · Restore functionality in lower 1.7 miles to extent possible (e.g. considering flood hazard) · Determine tradeoff between consequences of alternatives to lower river properties versus benefits to floodplain function and meander alternatives (e.g. dike pullback, elimination of constrictions) . · Focus on publicly owned properties where possible for restoration activities. · Inform and involve potentially affected landowners. VIII. IX. Reestablish estuarine characteristics and function similar to historic conditions. Restore drift processes and recruitment of marine sediments to the west of Morse Creek. · Conduct feasibility study addressing both estuary and drift cell restoration. · Determine the sediment sources (e.g. Morse Creek or other). · Collaborate with and educate landowners. Encourage impacted homeowners to organize and become involved. _Track upper river. (above falls) resident rainbow population Study population status, habitat use, limiting factors Obtain oral histories of fish distribution and abundance. . _Determine presence of bull trout/native char in upper river _Develop a Morse Creek sediment budget, addressing source, transport, and fate of . sediment. Develop sediment retention strategies. _Develop Morse Creek sediment retention strategies. Examples include slowing velocity by meander restoration, by placing LWD, and developing instream structure and diversity of channel form and function. _Form a technical committee of relevant experience to develop implementation plans, set priorities, and obtain funding projects to carry out west WRIA 18 watershed plan, basin by basin. _Provide public notice to all affected property owners when habitat restoration actions are contemplated. x. . . XI. XII. XIII. XIV. XV. o . r d t rt th f II M C k d r * ur organlza Ion oes no suppo e 0 OWlnQ orse ree recommen a Ions: Item Number (s) Instream Flows Water Quantity Water Quality Habitat .Be sure to modify language, if possible, to a form that IS acceptable to your organization. Please send this worksheet to Laura Costello (wria_18@hotmail.com or 104 N. Laurel . St., Suite 104, Port Angeles, WA 98362) bv January 3, 2002. Send only one worksheet per government or interest caucus. 6 12/17/01 ATTACHMENT B INSTREAM FLOWS I. A. Instream flow discussions underway between the City, Tribes and agencies are expected to be completed by the end of the year. EMMT has postponed consideration of an instream flow recommendation pending the outcome of those discussions, and expects to do that in January, 2002. II. ~ Instream flow recommendations need to address September-October low flows III. ~ There is insufficient basis for pursuing target flows in Morse Creek (Chinook are extirpated and the viability of a summer chum population is undocumented (may be strays). . WATER. QUANTITY I. .!!!:L Request Ecology to ir'lvestigate old water rights that may be relinquished or abandoned. II. ~Meter all surface diversions and all nonexempt wells in hydraulic continuity with Morse Creek. III. -L..Address groundwater, water use, and future water supply strategies at scale of West WRIA 18 as a whole . IV. ~Defer until instream flow recommendations are clarified and the PUD has been consulted: Sufficient water may exist for new appropriations, but any new appropriations should be made junior to the instream flow rule. WATER QUALITY I. Y Review and analyze buffers to control influx from runoff and septic systems. II. L..lnvestigate ways to eliminate toxies that may be leaching from pilings preserved with creosote at Railroad Bridge, such as "shrink wrap" (rubber cover). III. ~ Continue to monitor levels of toxins in Morse Creek that may be contributed from landfills. IV. ~Explore alternative approaches to golf course maintenance (e.g., use of herbicides and pesticides) V. ~Explore small package water treatment and reuse plants at Four Seasons Ranch and Four Seasons Park. Tie individual residences into waste main to City of Port Angeles serving WalMart and K-Mart. (Consultant was directed to investigate this in the next phase of work) VI. ~Educate homeowners regarding lawn applications (e.g. fertilizers) VII. ~ Continue ongoing monitoring of water quality including pollutants in the water column start monitoring sediments for potential pollutants. . 7 12/17/01 HABITAT I. Llnvestigate the consequences of the removal or pull back of dikes, elimination of floodplain constrictions and restoration of natural banks to restore functional a floodplain . downstream of river mile 1.7 (derived from EMMT meeting tapes). II. Y Restore lower river meander to the extent possible. III. Y Restore riparian function by encouraging conifer regeneration in deciduous stands along the creek and by restoring properly functioning riparian conditions. IV. Y Restore Morse Creek side channels to the extent possible. V. Y Restore large woody debris throughout the channel downstream of the falls. VI. --1L-lnvestigate removal of railroad bridge flow restrictions (including abutments) VII. J::L Approach to lower Morse Creek floodplain and meander restoration: · Restore functionality in lower 1.7 miles to extent possible (e.g. considering flood hazard) · Determine tradeoff between consequences of alternatives to lower river properties versus benefits to floodplain function and meander alternatives (e.g. dike pullback, elimination of constrictions). · Focus on publicly owned properties where possible for restoration activities. · Inform and involve potentially affected landowners. VIII. Y Reestablish estuarine characteristics and function similar to historic conditions. IX. tJ Restore drift processes and recruitment of marine sediments to the west of Morse Creek. -. Conduct feasibility study addressing both estuary'and drift cell restoration. · Determine the sediment sources (e.g. Morse Creek or other). · Collaborate with and educate landowners. Encourage impacted homeowners to organize and become involved. X. ~ Track upper river. (above falls) resident rainbow population · Study population status, habitat use, limiting factors · Obtain oral histories of fish distribution and abundance. . XI. N Determine presence of bull trout/native char in upper river XII. Y Develop a Morse Creek sediment budget, addressing source, transport. and fate of . s.epiment. Develop sediment retention strategies. XIII. ....L..Develop Morse Creek sediment retention strategies. Examples include slowing velocity by meander restoration, by placing LWD, and developing instream structure and diversity of channel form and function. XIV. ~Form a technical committee of relevant experience to develop implementation plans, set priorities, and obtain funding projects to carry out west WRIA 18 watershed plan, basin by. basin. XV. ~Provide public notice to all affected property owners when habitat restoration actions are contemplated. Our or; anization does not su ort the followin Morse Creek recommendations:* Item Number (s) Instream Flows .1l[ Water Quantity Water Quality .:m:. y Habitat :1 VI. \1:Jr. 1-,.: X .,...:r)(;C V Be sure to modify language, if pos.sible, to a form that is acceptable to your organization. Please send this worksheet to Laura Costello (wria_18@hotniail.com or 104 N. Laurel . Sl, Suite 104, Port Angeles, WA 98362) by January 3. 2002. Send only one worksheet per government or interest caucus. 8 12/17/01 ,--~---- . . . CALL TO ORDER- SPECIAL MEETING: ROLL CALL: Recommendation of Conference Center Review Committee City Council Special Meeting in Joint Session with the Lodging Tax Advisory Committee and the Downtown Forward Executive Committee Port Angeles, Washington December 17, 2001 The special meeting of the City Council, the Lodging Tax Advisory Committee, and the Downtown Forward Executive Committee was opened at 7:30 a.m., by Councilman Campbell, Chair of the Conference Center Review Committee. Members Present: Councilmembers Campbell, McKeown, Wiggins, and Williams. Members Absent: Mayor Doyle, and Councilmembers Erickson and Hulett. Zoe Bayton, John Brewer, Carol Griffith, Jim Haguewood, Bob Harbick, Jack Harmon, Steve Oliver, and Bill Rinehart. Leonard Beil, Mike Chapman, Don Corson, Dan DiGuilio, Eileen Knight, Karen McCormick, John McCullough, Joe Melton, Vicci Rudin, and BrookeTaylor. Manager Quinn, Attorney Knutson, Clerk Upton, T. Smith, G. Cutler, and P. Rasler. Aria Holzschuh, Michael Leuhers, Russ Veenema, Mary & Roy Gotham, Jan Harbick, Allan Bentley, Randal Ehm, Laurie Szczepczynski, Martha Hurd, and Pete Schroeder. Lodging Tax Advisory Committee Members: Downtown Forward Executive Committee Members: Staff Present: Public Present: Recommendation of Conference Center Review Committee: Tim Smith made opening remarks, noting that the purpose of this meeting was for the Conference Center Review Committee to share its recommendation with the members of the Lodging Tax Advisory Committee and the Downtown Forward Executive Committee. He reviewed the background of the project thus far, summarizing the 2001 Conference Center efforts, to include the City/Port agreement for marketing the Oak Street property and the City's issuance of an RFP for a Conference Center. Two proposals were submitted, one by Ehm Architecture (Oak Street) and the other by Ravenhurst Development (Landing). Both proposals were thoroughly reviewed by the Conference Center Review Committee, which was comprised of Councilman Orville Campbell, Jim Haguewood, Bob Harbick, John Brewer, Steve Oliver, Port staff members Dave Hagiwara and Pat Deja, DNR staff member Martha Hurd, and City staff members Mike Quinn, Tim Smith, and Craig Knutson. Mr. Smith continued by reviewing the joint meeting between the City Council and the Port of Port Angeles Commissioners, after which the proposals were forwarded to the review committee for analysis. The review committee met on several occasions, and this meeting was then scheduled to hear its recommendation. Mr. Smith reviewed the evaluation criteria used by the committee: compliance with facilities requirements, compliance with operations requirements, return on public investment, likelihood for achieving long term [mancial success, and compliance with City/community vision for downtown development. It is envisioned that the Lodging Tax Advisory Committee and the Downtown Forward Executive Committee will hold meetings at some future date to formulate recommendations to be forwarded to the City Council in January. Subsequently, the City Council will forward a recommendation to the Port of Port Angeles and the Department of Natural Resources. The process will then enter the "due diligence" phase, and negotiations will commence. Councilman Campbell advised those present that the Conference Center Review 91 - City Council, Lodging Tax Advisory Committee and Downtown Forward Executive Committee December 17, 2001 Recommendation of Conference Center Review Committee (Cont'd) / Committee members had unanimously recommended that the proposal from Ehrn Architecture go forward in the process. Councilman Campbell then proceeded to review in detail how this proposal met the evaluation criteria, as opposed to the proposal submitted for the Landing Mall: Oak Street Compliance with Facilities Program Requirements: ./ Fully meets or exceeds location and facility requirements as outlined in RFP ./ New hotel with conferencing facilities and restaurant would be highly competitive in conferencing market ./ Fits with community's general vision for development of Oak Street site ./ Accommodates Waterfront Trail, public access to waterfront area and Estuary, adds parking ./ Design proposal suggests a great deal of flexibility subject to addition of overall costs ./ Some question reo quality offmal concept and design, medium vs. higher end quality hotel . Landing Compliance with Facilities Program Requirements: ./ Improves an under-utilized facility ./ Lack of physical connection to hotel a minus in securing conference market Oak Street Compliance with Operations Program Requirements: ./ Provides for an all "private sector" operating and marketing management team as opposed to public resources involvement ./ Provides marketing leverage via national/worldwide marketing connection (Six Continent Hotels) ./ Stated interest in P A unit to be flagship product that may launch replication of new chain of conference center hotels ./ Some concern that ROI projects 13% return, when 15% is preferred ./ Some concern that marketing specifics are lacking Landing Compliance with Operations Program Requirements: ./ Project occurs in designated area as requested in RFP ./ Requires additional public sector funding of $150K/yr. for operations and marketing in addition to the $ lOOK/yr. of committed lodging tax funds . ./ Concern for fair access to catering by Landing restauranteurs Oak Street Return on Public Investment: ./ Although some costlbudget items are not fully defmed, budget suggests some "slack" room capable of absorbing other potential costs ./ Proposal seeks no more than $1 OOK annual lodging tax commitment subject to staying within proposed budget ./ Considerably more leverage of public investment compared to other proposal under consideration ./ Good potential for increasing lodging tax revenues by raising average annual room rate due to new construction of a waterfront hotel ./ Concern over lack of response strategy in the event of cost overruns Landing Return on Public Investment: ./ Loss of some existing public parking a concern ./ Proposed building conference facility without hotel, proposes public operation involving ongoing public fmancial commitment Oak Street Likelihood for Achieving Long-Term Financial Success: ./ Development, would be very competitive with similar conferencing facilities ./ Preliminary cost/revenue information is favorable - a more detailed look at this in next phase is required ./ Long-Term ownership and management commitment looks strong, but it is realized'these kinds of facilities are always subject to sale . . Landing Likelihood for Achieving Long-Term Financial Success: ./ The developer lacks any commitment to conference center management or marketing ./ Does put site improvements on tax rolls ./ M~ginalleveraging of public fmancial investment compared to competing . Oak Street site proposal . ./ Ongoing City contribution would need to be approximately $250K annually ,-0 City Council, Lodging Tax Advisory cd_.1irif~f(~'~'):'i~&!\if~~~"" . Downtown Forward Executive Committee December 17, 2001 .j\1fj,;" . Recommendation of Conference Center Review Committee (Cont'd) . . Oak Street Comp~~e with City/Community Vision for Downtown Development: ,/ Proposal is exact match of Downtown Forward Plan vision of development on Oak Street site ,/ \"~\{Anchors west end of downtown waterfront and will promote more potential , ., m-fill development along waterfront and west side of downtown ,/ Builder willing to consider further public input on fmal design ,/ Will attract more people to downtown ,/ Moderately high-end development Landing Compliance with City/Community Vision for Downtown Development: ,/ Fresh and attractive vision for new Landing, but this extent of Landing remodel has not been an identified vision in existing Downtown Forward Plan ,/ Much less leveraging of public fmancial commitment compared to competing proposal for Oak Street site Discussion followed, and John McCullough acknowledged the hard work of the review committee. He stressed that marketing is critical to the success of the conference center effort. Jim Haguewood agreed, noting that the committee identified this matter as a key issue, something that will be addressed in the next phase of the process. Bob Harbick also agreed, indicating there will be additional marketing money brought in by the hotel chain to enhance the local marketing efforts. Carol Griffith sought clarification regarding a stated increase in lodging tax and, additionally, if the proposed hotel were to be sold what the impact might be on the City's $IOOK annual commitment. Councilman Campbell responded it was not intended to imply there would be an increase in the lodging tax rate but, rather, the development would raise the level oflodging tax revenues generated. Jim Haguewood noted that the proposal would add 150 new rooms and may influence an increase in the average daily rate within the City. Steve Oliver expanded on the City's financial commitment, noting the $1 OOK is a public investment, and the City will have to protect the City's interests via lease and lease back arrangements. Councilman Wiggins felt it would be helpful for those present to understand Ehm's track record in the past. Mr. Smith indicated a very thorough review had been undertaken on Ehm, to include a Dunn and Bradstreet report, as well as a thorough credit check. However, Mr. Smith also noted that Ehm's venture into the lodging industry would be a new experience and that Ehm did not have a proven track record in this particular field. Michael Leuhers, Red Lion Hotel, voiced his appreciation for efforts to increase tourism in the area. He was uncertain as to the accuracy of the statement concerning lack of marketing and operational management on the part of the Landing proposal. It was his intention that the Red Lion would partner in this endeavor on the Landing proposal. Councilman Campbell indicated it was the review committee's understanding that Ravenhurst would have a landlord/tenant relationship, and that the City would need to create an organization for that purpose. The City would, therefore, sustain the risk in this regard. Mr. Smith offered clarification regarding the proposed partnership between Ravenhurst and the Red Lion, a matter that has been impacted by the sale of the Red Lion chain. Although there is some indication that the partnership can still come together, the review process for the RFPs could not be delayed. Attorney Knutson had the impression that Ravenhurst's position on marketing might end up with some marketing assistance from the Red Lion, but that the City would still be responsible for the operation, which would result in a need for an additional $150K. Mr. Leuhers felt the competition may have some negative results in the community as relates to others in the lodging industry. He asked for clarification on the proposed rates, which he thought had been understated in previous discussions. Councilman Campbell felt that, if the project harms more local business than is created by the project, then further review is appropriate. However, the basic premise is that the conference center will generally enhance most local businesses. Bob Harbick noted the importance of having hotel beds available at the conference center, as this is a key priority by user groups. Joe Melton indicated he would like to see the process move forward; however, he stressed the importance of doing so with great caution. Pete Schroeder inquired as to what percentage of the land would be covered by the hotel and the parking lot. Mr. Smith responded there would be approximately one-third for landscaping and the Waterfront Trail, one-third ror parking, and one-third for the hotel/conference center. ,-,- City Council, Lodging Tax Advisory Committee and Downtown Forward Executive Committee December 17, 2001 Recommendation of Conference Center Review Committee (Cont'd) ADJOURNMENT: Reconvene Lodging Tax Advisory Committee Meeting Reconvene Downtown Forward Executive Committee Meeting Steve Oliver indicated discussions have been held concerning the footprint of the project, the possible amenities, and the like. It was mentioned that the due diligence phase of this effort has been targeted for completion approximately 45 days after Council approval of the recommendation. Further discussion, with clarification, was held on the matter of Ehm's proposal specifically relating to marketing and management with the added benefit of the City's [mancial commitment. Attorney Knutson indicated that Ehm would use the City funding for part of the construction, but the City would have a long-term lease with Ehm. All of these arrangement would be well documented in a lease agreement. Brooke Taylor felt it was unclear as to the ownership of the underlying land, and Steve Oliver responded there is contemplation for a long-term lease of the land from the Port and the DNR. Responding to a question concerning DNR's timely responsiveness to the project, Martha Hurd assured the group she has been working with the Olympia office and was comfortable there would be accommodation to meet the group's goals and deadlines. . Joe Melton, citing the Landing Mall's previous [mancial experiences, queried as to how a default might be handled and what kind of interest might the City maintain in the property. Mr. Smith indicated that, through the due diligence process, this type of issue will be addressed. He felt that, if the project's viability were to be placed in question, the City would likely withhold any further payments until the operation were to resume. Bill Rinehart posed the question as to who is responsible for lease costs, and Steve Oliver responded the final structure has yet to be determined but there would be some parameters placed on the City's funding commitment. Further, Steve indicated there would likely be created a leasehold interest that would survive bankruptcy and foreclosure. Mr. Smith added that Ehm might well save on project costs if the land is leased as opposed to the original plan for a land purchase. The pro forma submitted by Ehm suggests a greater value for the land than was established in the resulting appraisal. Further discussion ensued on lease versus purchase of the property and what might be expected in terms of a lease duration. Mr. Smith reiterated the upcoming process in that the two committees will meet to formulate their recommendations to be forwarded to the City Council, hopefully at one . of the January meetings. Following an agreement by the City Council as to its recommendation, the matter will then proceed to the Port and DNR for consideration. It is hoped that, by the end of February, the City will know how it will be proceeding for a conference center. At the conclusion of this meeting, the two committees asked to reconvene in separate rooms to set dates for their next meetings. This portion of the meeting was adjourned at 8:25 a.m. The meeting of the Lodging Tax Advisory Committee reconvened at approximately 8:30 a.m. After preliminary discussion, there was consensus that the Lodging Tax Advisory Committee was in a position to make a recommendation at this time. Therefore, Jack Harmon moved to accept the recommendation of the Conference Center Review Committee and forward the recommendation to the City Council. The motion was seconded by Zoe Bayton and carried unanimously. The Lodging Tax Advisory Committee meeting then adjourned at approximately 8:40 a.m. The meeting of the Downtown Forward Executive Committee reconvened at approximately 8:30 a.m. After due deliberation, the members agreed to meet on January 11, 2002, at 7 :30 a.m., to formulate a recommendation on the conference center proposal. The meeting of the Downtown Forward Executive Committee then adjourned at approximately 8:40 a.m. . Larry Doyle, Mayor Becky J. Upton, City Clerk . Glenn Wiggins, Chair Lodging Tax Advisory Committee Cathleen McKeown, Chair Downtown Forward Executive Committee '-2 . . . CALL TO ORDER: ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC CEREMONIES, PRESENTATIONS AND PROCLAMATIONS: Break ':~;r~~J>~~\!f&~~j~~:t'~r~~r~:~~:,~~:~~~~~'~~~rl';:;."\ CITY COUNCIL MEETING Port Angeles, Washington December 18, 2001 Mayor Doyle called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. Members Present: Mayor Doyle, Councilmembers Campbell, Erickson, Hulett, McKeown, Wiggins, and Williams. Members Absent: None. Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, B. Collins, M. Connelly, G. Cutler, D. McKeen, T. Riepe, K. Asquith, S. McLain, G. Kenworthy, and M. Hall Public Present: C. Field, K. Rogers, L. Lee, J. Tschimperle, D. Winnagren, T. Price, G. Braun, I. Frazer, and K. Frazer. The Pledge of Allegiance was led by Boy Scout Troop 1461, Leaders Peter Lewis and Brian Jacobs. Scouts participating were: Steven Lewis, Daniel Howe, Kaleb Mayfield, Tyler Mayfield, Tom Jacobs, Chris Shively, and Matthew Hall. Following the Pledge, Mayor Doyle recognized Tyler Mayfield and his preparation of the monument in the City Park on Ediz Hook dedicated to all who work on the water and to those who have lost their lives on the water. The Mayor also congratulated Mr. Mayfield on his completion of Eagle Scout status. Mayor Doyle read a proclamation in recognition ofK-Ply Incorporated, commending them for their economic and environmental commitment to the welfare of the community and for their outstanding business presence in the community on the celebration of their 60th Anniversary. Mr. Ernie VanOgle, General Manager for K-Ply, accepted the proclamation and informed the Council that he would forward it to be displayed in the parent company in Juneau, Alaska. Manager Quinn recognized out-going Councilmembers with a capsulated historical perspective of the City of Port Angeles and their influence and work in City leadership over the past eight years. He commented on the completed, as well as the on-going projects in which Councilmembers have been involved and on their commitment to improving the quality of life in Port Angeles. The legacy they have created involves efficiency, effectiveness, and an established support of the values and goals that both the Councilmembers and staffhold as essential to City management and leadership. On behalf of the City, staff, and the community of Port Angeles, Manag~r Quinn thanked the out-going Councilmembers for their legacy of service and success and presented each with a commemorative plaque. Following brief responses by Councilman Hulett, Councilmember McKeown, and Mayor Doyle, the meeting recessed for refreshments at 6:25 p.m. The meeting reconvened at 6:50 p.m. 1-3 CITY COUNCIL MEETING December 18, 200 1 LATE ITEMS TO BE PLACED ON TIDS OR FUTURE AGENDA: FINANCE: Amendment to Landfill Contract with City of Sequim Coordinated Prevention Recycling Grant 2002-2003 8th Street Restoration - Status Report CONSENT AGENDA: Manager Quinn informed the Council that staff would review the 200 I accomplishments prior to the consideration of the 2002 Goals and Work Plan. Kevin Duncan, Eby Hill Hydroelectric, requested a progress report from the Council . and staff on the Morse Creek Hydroelectric Project, emphatically expressing his displeasure with the lack of progress made on the project. Director Cutler indicated that staff has communicated progress reports to Mr. Duncan, and the subcommittee appointed on this matter has also been kept informed. Staff just recently met with agencies involved to further meet the intent and requirements of Washington in-stream flows. Additional work needs to be done, and meetings have been scheduled after the holidays to progress even further. Mr. Duncan reiterated his frustration with the lack of progress, disagreeing with the City's position and approach to the resolution ofissues on the project. Mayor Doyle suggested that Mr. Duncan meet with staff to further discuss the matter. Attorney Knutson explained the FERC requirements and the Endangered Species Act, noting that the City and the Tribe are currently working with biologists and Federal and State resource agencies in an informal consultation process that FERC has allowed in order to comply with the ESA. The delays that the City is experiencing now are at the direction ofFERC. FERC has not said that the Endangered Species Act does not apply to this project. Attorney Knutson continued that the FERC stipulations are in writing and have been provided to the Council subcommittee. A disagreement exists as to how the ESA applies to this project, but an agreement must be reached that is satisfactory to FERC because the project cannot operate without FERC permission. Mayor Doyle asked if a time line exists wherein the issues might be resolved. Attorney Knutson responded that, as Mr. Cutler had stated, another meeting has been set for January of 2002, but no specific date has been established for resolution. He also added that analysis of the possible sale of the properties in question has added to and lengthened the resolution. Mayor Doyle then reiterated his suggestion to Mr. Duncan that he arrange a meeting time with staff. Discussion followed. 1. . Amendment to Landfill Contract with the City of Sequim Amendment Following the Mayor's reading of the recommendation to approve the Second Amendment to the Solid Waste Disposal Contract with the City of Sequim, Councilman Campbell moved to approve the second amendment to the Solid Waste Disposal Contract with the City ofSequim and authorize the City Manager to sign the contract amendment. Councilman Wiggins seconded the motion, which carried unanimously. 2. Coordinated Prevention Recycling Grant 2002-2003 Mayor Doyle read a summary of the recommendation and, following a brief explanation by Director Cutler, Councilman"Wiggins moved to authorize the Mayor to sign the agreement for Grant No. G0200150 from the Department of Ecology. Councilman . Hulett seconded the motion, which carried unanimously. 3. 8th Street Restoration - Status Report City Engineer Kenworthy reviewed the problems relative to the 8th Street paving project and explained the process by which repairs would be made in the Spring of 2002 due to weather delays. Two options were presented regarding pavement smoothness: the first involved grinding the out-of-tolerance bumps to bring them within specification tolerances; the second is to accept that grinding would not correct the problem satisfactorily and to impose a financial penalty. The grinding process was selected since it could meet project specification and improve the overall smoothness. The City will " . complete the sand slurry, fog sealing, and traffic markings in the late spring. I , Councilmember McKeown moved to accept the Consent Agenda, to include: 1) City 1-4 . . . CITY COUNCIL COMMITTEE REPORTS: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Adjustment to Daishowa's Monthly Basic Charges Ordinance No. 3107 OTHER CONSIDERATIONS: Labor Contract for Fire Fighters Union ,;f~~$~~:~f ~:~~~~_~~~l~:~r,t{i";ll;/ ):f~~W.:li\~'{n,~\l\~';' CITY COUNCIL MEETING December 18,2001 'I Council minutesVbf'December 3, 2001; 2) Electronic Payments - November 10- December 7, 2001 - $430,376.50; 3) Check Register - December 7, 2001 - $494,990}2;and 4) Payroll information - December 9,2001. Councilman Hulett secona~~ th~ motion, and following a brief question and answer period, the motion carried unanimously. Councilmembers Hulett and Erickson had no reports. Councilmember McKeown reported that she, Councilmembers Williams and Wiggins, and Kathe Smith met with Parks Director Connelly at the Francis Street Park to tour and consider appropriate safety precautions. Councilman Campbell reported on the joint meeting of the Downtown Forward Executive Committee and the Lodging Tax Advisory Committee. The recommendation forwarded to those committees was to pursue the Oak Street proposal for a conference center. Councilman Campbell also reported on the Atlanta NLC Conference which he and Mayor Doyle attended and commented on the larger city's expenses and rates relative to wastewater and stormwater management. Councilman Wiggins attended the Board of Natural Resources meeting regarding sustainable timber harvest. Councilman Williams reported on the Francis Street Park visit; he also attended the Annexation forum and complimented Fire Chief McKeen and Police Chief Riepe on their presentations at that meeting. Mayor Doyle mentioned his attendance at the Energy and Natural Resources Committee at the NLC Conference, his attendance at the OPS Award ceremony, the EDC Net Works meeting, the Chamber of Commerce Business After Hours, the City Christmas Party,!and his visit to the Boys & Girls Club facility. 1. Adjustment to Daishowa 's Monthly Basic Charges Mayor Doyle reviewed the proposed adjustment to Daishowa's monthly basic charge, after which Public Works & Utilities Deputy Director McLain explained the increase in power costs for Daishowa in proportion to City residential increases. He noted that the 2002 City budget has incorporated the increases. Councilmember Campbell commented on the benefits.ofthis adjustment. Mayor Doyle then read the Ordinance by title, entitled ORDINANCE NO. 3107 AN ORDINANCE of the City of Port Angeles, Washington, revising the industrial transmission electric rate and amending Ordinance 2054 as amended and Chapter 13.12 of the Port Angeles Municipal Code. Council member McKeown moved to adopt the Ordinance as read by title; Councilman Campbell seconded the motion. Councilman Wiggins asked if the City had arlother industrial customer affected by this Ordinance, to which Deputy Director McLain responded in the negative. A vote was taken on the motion, which carried unanimously. 1. Approve Labor Contract for Fire Fighters Union Following Mayor Doyle's summary of the one-year contract and reviewing the recommendation to approve the labor contract between the City and the IAFF #656 for 2002, reflecting a cost of living adjustment of3.15%, Councilman Campbell moved 1-5 CITY COUNCIL MEETING December 18, 200 1 OTHER CONSIDERATIONS: (Cont'd) Labor Contract for Fire Fighters Union (Cont'd) Revisions to 1996 Agreement with Coast Guard Air Station - Port Angeles 2001 Report Card and 2002 Council Goals & Community Work Plan Temporary Trail Easement Through Former Rayonier Mill Site Council Committee Reorganization to approve the labor contract between the City of Port Angeles and the IAFF #656 for 2002 reflecting a cost ofllving adjustment of3.15% and authorize the Mayor to sign the contract. Councilman Williams seconded the motion, which carried.. unanimously. . 2. Revisions to 1996 Agreement with Coast Guard Air Station - Port Angeles Mayor Doyle reviewed the information provided in the packet, and Fire Chief McKeen advised the Council that the revisions include having a unified command center in the event of a significant emergency involving Coast Guard facilities, plus the two agencies will work cooperatively in developing a pre-fITe plan. The new agreement will be automatically renewed unless there is a desire to terminate with adequate notification. Petty Officer Scott Lundgren, Acting Fire Marshal with the Air Station in Port Angeles, expressed his and the Guard's support for the agreement with the Port Angeles Fire Department. Councilman Wiggins moved to authorize the Mayor to sign the agreement with the United States Coast Guard Station Port Angeles. Councilman Williams seconded the motion, which carried unanimously. 3. 2001 Report Card and 2002 Council Goals & Community Work Plan Following Mayor Doyle's introduction, Manager Quinn noted that every one of the projects are currently included in the Work Plan, as well as the Budget adopted for 2002. He briefly summarized the goals and community work plan for the year of2002 and explained the proposed perpetual endowment fund for the cemetery addition. Councilman Wiggins mentioned that he and Councilmen Williams and Campbell thoroughly reviewed the goals with Manager Quinn, and it was that these goals could be used as a work sheet. He hoped that the new Council would use this list for the upcoming year. Councilman Campbell then mentioned that they all considered it a dynamic document which can be adapted as the Council moves forward into the new year. Councilman Campbell moved that the Council adopt the Council Goals & Community Work Plan as presented for 2002. Councilman Wiggins seconded. the motion, which carried unanimously. . 4. Temporary Trail Easement Through Former Rayonier Mill Site Following Mayor Doyle's summary, Director of Parks & Recreation Connelly referenced a revised copy of the map distributed that day and drew attention to the revisions from staff regarding the improvements and easement approval. Displaying a map of the area on the overhead, he explained the dimensions of the route of the proposed easement, showed the paved portions, mentioned the need for a temporary bridge at Ennis Park, and explamed the one-side fencing. Mr. Connelly added that Rayonier may choose to close the area for a period of time for modification, but will notify the City two weeks in advance for publication. The earliest possible date for completion will be Mayor June of 2002. Following brief comments by Councilmembers, Councilman Williams moved to authorize the Mayor to sign the temporary easement agreement through the former Rayonier Mill Site. Councilmember McKeown seconded the motion, which carried unanimously. 5. Council Committee Reorganization Following Mayor Doyle's reading of the recommendation, Councilmember McKeown addressed the issue of the three out-going members voting on an issue which would not . affect them and stated that she would be voting no on this issue. Manager Quinn then explained the proposal in terms of this Council's experience and organizational / 1-6 . . . OTHER CONSIDERATIONS: (Cont'd) Council Committee Reorganization (Cont' d) Consent Agenda Proposal PUBLIC HEARINGS - QUASI-JUDICIAL: PUBLIC HEARINGS - OTHER: RESOLUTIONS: INFORMATION: EXECUTIVE SESSION: RETURN TO OPEN SESSION: ADJOURNMENT: CITY COUNCIL MEETING December 18, 2001 operational functions of the committees. Remaining Councilmembers Williams, Erickson, and Campbell agreed that more explanation is required and that deferring the issue until 2002 would provide the necessary time to better study the reorganization. Councilinember McKeown then moved that the reorganization plan be tabled until the next Council meeting in January for the new Council's review. Councilman Hulett seconded the motion. A vote was taken on the motion, which carried 6 - 1, with Councilman Williams voting in opposition, as he would have preferred to have a presentation on the plan. Following further discussion, Councilman Williams opted to vote in favor of the motion which, therefore, carried unanimously. 6. Consent Agenda Proposal Mayor Doyle, after explaining his reluctance to change procedure on the Consent Agenda absent input from the new Councilmembers, asked Manager Quinn to explain the proposal. Manager Quinn briefly addressed the reasons behind changing the format, mentioning that the proposal was written based on the experience and expertise of the current Council. Councilman Wiggins moved to table the Consent Agenda Proposal to the next meeting. Councilmember McKeown seconded the motion, which carried unanimously. None. None. None. Manager Quinn noted that the next Council meeting is scheduled for Wednesday, Janua.ry 2, 2002, because of New Year's Day. He then gave recognition to Karen Haugstad who is retiring from the City after many years of service, and Police Chief Riepe then complimented Karen on her service. Manager Quinn mentioned the Value Estimates for improvements approved for the Lincoln Park Athletic Fields, as well as the inclusion of the departmental monthly reports. The meeting adjourned to Executive Session at 8:32 p.m. for approximately one hour to discuss potential litigation and an item of personnel. The meeting returned to Open Session at 10:26 p.m. Councilmember McKeown moved to authorize the Mayor to sign a contract amendment for the City Manager to receive a 3.15% COLA and a 2% pay increase. The motion was seconded by Councilmember Erickson. and carried unanimously. The meeting was adjourned at 10:28 p.m. 7M.YO< Becky J. Upton, City Clerk 17 . . . 18 . . . DATE: To: FROM: SUBJECT: FORTANGELES WAS H I N G TON, U. s. A. CITY COUNCIL MEMO January 2,2002 MAYOR AND CITY COUNCIL Glenn A. Cutler, Director of Public Works & Utilities ~ Award the Contract for Surge Tank Replacement, Project No. 21-20 Summary: Bids were requested to accomplish the replacement of a steel surge tank at the Elwha Ranney Collector. Four bids were received and opened on December 11,2001. Stouder General Construction, LLC submitted the lowest responsive bid in the amount of $47,029. 13, including tax. The engineer's estimate for this project was $54,100.00. Recommendation: Award the contract for the Surge Tank Replacement, Project No. 21- 20, to Stouder General Construction, LLC, of Ferndale, Washington, in the bid amount of $47,029.13 and authorize the Ma or to si n the Contract. Back~round / Analysis: In June, 2001, a pressure vessel inspector for the City's insurance provider inspected a 3,500 gallon steel surge tank that was installed at the Elwha Ranney Collector facility in 1977. Pitting at several locations on the inside of the vessel exceeded National Board of Inspection Code allowances. A written report submitted to the City by the inspector recommended that the surge tank be replaced as soon as practicable. The Department of Public Works & Utilities' engineering consultant, CH2M Hill, was directed to complete technical specifications for the work. A bid package was then assembled by City staff and advertised. Bids were opened on December 11, 2001. The results shown below have been corrected as needed in accordance with the specifications: FIRM CITY BID Femdale, WA $47,029.13 $52,642.26 $71,260.80 $74,323.41 $54,100.00 Stouder General Construction Tacoma, WA Nordic Construction Pacific Environmental Port Townsend, W A Port Townsend, WA McConnell Construction Engineer's Estimate 19 City Council RE: Contract for Surge Tank Replacement Page 2 Stouder General Construction, LLC, submitted the lowest responsive bid, which is 13% below the engineer's estimate. Their bid is appropriate considering the engineer's estimate and other bids received. Review of their experience and references demonstrate that they are a responsible bidder and qualified to perform this work. There is $75,000 budgeted in 2002 for this Water Utility project. Work on the design and fabrication of the vessel should start as soon as the bid is awarded and installation is expected to be completed by the end of February. N:\PROJECTS\21-20 2001 MiscWater & Sewer Work\Surge Tank\ccaward1_03_02.wpd 20 . . . . . . DATE: To: FROM: SUBJECT: j,~-;.,~;:; ~ORT.ANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO January 2, 2002 MAYOR AND CITY COUNCIL Glenn A. Cutler, Director of Public Works and Utilities Northwest Public Power Association/Electrical Safety Consultants International Contract for 2002 Summary: It is necessary to contract with the Northwest Public Power Association/Electrical Safety Consultants International for safety training and consultant services for the Light Operations Division. The Contract for 2002 is $19,113.12. Recommendation: Approve and authorize the Mayor to sign the contract with Northwest Public Power Association/Electrical Safety Consultants International in the amount of$19,113.12. Background / Analysis: In 2001 the City contracted with the Northwest Public Power Association/Electrical Safety Consultants International for safety services in the area of training, record keeping, audits, and interpretation of federal (Occupational Safety and Health Administration) and state (Department of Labor and Industries) rules and regulations for the Light Operations Division. These services in part are in lieu of sending personnel to offsite training. It also provides for training more personnel at a lower overall cost when per diem and lost time for travel are taken into account. It is necessary to execute a contract for the 2002 services. The contract scope and cost per month is is unchanged. The cost per month is $1,592.76 for an annual cost of$19,113.12. Funds are included in the 2002 budget for these services. The Light Operations Division is very satisfied with the services. It is recommended that the City Council approve and authorize the Mayor to sign the contract. N :\GLENN\Lt_ Ops _ Safety-Contract. wpd 21 . . . 22 . . . FORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: January 2, 2002 To: MAYOR AND CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works and Utilities l>c-l./ . SUBJECT: Cooperative Service Agreement with U.S. Department of Agriculture [USDA] Summary: USDA has provided wildlife management services during the last four years to alleviate wildlife strike hazards to aircraft in the vicinity of the City Landfill. Continuation of these services is important to the operation of the Landfill. The current agreement expires on January 31, 2002 and a new agreement for the period of February 1,2002 to January 31, 2003 needs to be executed. Recommendation: Authorize the Mayor to sign the Work PlanlFinancial Plan with the De artment of A riculture to rovide wildlife mana ement services throu h J anua 31,2003. Back2round / Analysis: An agreement with the United States Department of Agriculture to provide wildlife services is essential for the continued use of the Landfill. Reissuance of our landfill permit relies on the continuance of the ongoing effort to alleviate wildlife strike hazards to aircraft which might result from the operation of the Landfill. The United States Department of Agriculture has provided services to the City of Port Angeles since January 1998 to alleviate wildlife strike hazards to aircraft in the vicinity ofthe airport and landfill. The attached proposed agreement involves a cost of$55,201 for the period of February 1, 2002 to January 31,2003. Last year the services were provided for a cost of $49,938. The work involved is consistent with the Wildlife Hazard Assessment and Management Plan developed by USDA which is the foundation of our demonstration of no increase in bird/aircraft strikes as a result of the operation of the Landfill. This demonstration is essential for the issuance of our landfill permit by the County. USDA efforts involve an integrated approach of hazing, trapping, and shooting at the landfill, airfield and related areas and are the greatest measure of our ability to demonstrate that the landfill should be permitted. Funds in the amount of $60,000 have been budgeted for the year 2002. Attachment: USDA Work Plan / Financial Plan N:\PWKS\SW ASTE\LANDFILL\F AA \WL]LAN\USDA_1201.wpd 23 WORK PLAN/FINANCIAL PLAN COOPERATOR: City of Port Angeles CONTACT: Glenn Cutler (360-417-4800, fax 360-417-4542) COOPERATIVE AGREEMENT NO: 03-73-53-5211-RA . ACCOUNTING CODE NO: 273-7353-479 and 373-7353-479 LOCATION: Port Angeles Landfill, Airport and vicinity, Port Angeles, Washington DATES: February 1, 2002 - January 31,2003 OBJECTIVES/GOALS: The United States Department of Agriculture's Wildlife Services (WS) program will work with the City of Port Angeles and the Port of Port Angeles in a cooperative effort (funded. by the city) to alleviate wildlife strike hazards to aircraft. This will require a reduction in the number of birds using the airfield and surrounding areas, particularly at the landfill. PLAN OF ACTION: Wildlife Services will provide one full-time Wildlife Specialist to conduct operational control activities at the Port Angeles Landfill, airfield, and surrounding areas. WS will provide the Specialist with a vehicle equipped with radio communications equipment, . flashing beacon, and necessary markings for accessing the Air Operations Area (AOA). WS will arrange for the Specialist to obtain training in the appropriate AOA driving procedures and radio communications protocol. The City and Port of Port Angeles will be responsible for providing the necessary security clearances and access to the Landfill and Airport properties. All animal carcasses obtained through activities related to this project will be disposed of in the landfill. WS will compile and maintain detailed records of hazing and control activities and will conduct monthly bird surveys to monitor wildlife populations in areas associated with this project. WS will provide City and Port with verbal reports on at least a quarterly basis. WS will maintain efforts to evaluate habitat changes as a means of controlling bird numbers on and around the landfill/airfield, and will work with the City and Port to implement changes as necessary. A Wildlife Biologist specializing in bird aircraft strike hazards (BASH) will provide technical and operational assistance to the WS Specialist as needed. WS will reduce wildlife hazards through an integrated approach of hazing, trapping, and shooting at the landfill, airfield and related areas that may serve as roosts, rookeries or attractants for problem bird species. In addition to direct control actions, a number of animated and static deterrent devices may be used. . 24