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HomeMy WebLinkAboutAgenda Packet 1/16/2001v AGENDA x CITY COUNCIL MEETING. I , "v `b s H i n► ri T o w; "u. S. A. 321 EAST FIFTH STREET January 16, 2001 REGULAR MEETING - 6:00 p.m. A. CALL TO ORDER - Regular Meeting {6:00 p.m.} ROLL CALL - PLEDGE OF ALLEGIANCE`- CEREMONIAL MATTERS & „`PROCLAMATIONS B. WORD SESSION Telecommunications Ordinance Workshop 1 C. LATE ITEMS TO BE PLACED ON THIS, OR FUTURE AGENDAS (By Council, Stun, f�`or 10ubtic)AND PUBLIC COMMENT FOR ITEl1O 6N AGENDA (This is the opportunity for members of the tubltc to speak to the City. Council` about anything not on the agenda, please keep comments t minutes.) D. FINANCE.. Centennial Trail Design Contract Amendment 3 E CQNSENT AGENDA _ x.. . City Council Minutes of regular meeting - 5 Action , January 2, 2001 2. Check Register - January 9, 2001 - 11 $1,695,515.44 F. CITY COUNCIL COMMITTEE REPORTS G. ORDINANCES NOT REQUIRING PUBLIC HEARINGS H. RESOLUTIONS Fiber Optic Revised Purchasing Authority 41 Action I. OTHER CONSIDERATIONS 1. Pump Testing Mutual Aid Agreement with 45 Action Fire District #2 2. Authorize joint application with Historical 49 Action Society to Walking Trust Fund for Carnegie Library restoration 3. Human Services funding through Unite&Way 57 Action NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TOOET91W E; 1ME 00 BREAK �... January 16, 2001 Port Angeles C'ityci1 Meeting - Page - 1 NOTE: HEARING'DEVICJES AVAILABLE FOR THOS DEEDING ASSISTANCE MAY t TO DET- RA NE i!4 FREAK January 16, 2001 Port Angeles City Councif Meeting Fuge I. II. PQRTA NGELES WASH I N G T O N, U.S.A. CITY OF PORT ANGELES CITY COUNCIL MEETING CALL TO ORDER - REGULAR MEETING: ROLL CALL: Members Present: Mayor Doyle Councilman Campbell Councilmember Erickson Councilman Hulett Councilmember McKeown Councilman Wiggins Councilman Williams Staff Present: / Manager Quinn ✓ Attorney Knutson Clerk Upton B. Collins M. Connelly G. Cutler D. McKeen T. Riepe Y. Ziomkowski PLEDGE OF ALLEGIANCE: Led by January 16, 2001 r " M" p RTMULES WASHINGTON, U.S.A. DATE OF MEETING: January 16, 2001 CITY OF PORT ANGELES CITY COUNCIL MEETING Attendance Roster LOCATION: City Council Chambers c4wR n``�f►� �v� w sem , PA Q, C�C ©6 5QYarl i0 m'e- J{` (4 A pq Co u H La�s a44m l� c� ►°d -8,A,,- 9'37 eox o �f flo 11�6c� Zqv-_ e_S K,,) S� v� "a eS� i SO- 6 Sro d41= �2 c o -w+ N t L Evia,.�, (1 u rc-�, S ':�O1%,OA C) 6,41 Cps Ci QymI City of Port Angeles PQA GELES Ordinance/Resolution Distribution List WASHINGTON, U.S. A. City Council Meeting of Un yp City Manager City Atty. (1) Planning City Clerk Deputy Clerk Personnel Cust. Svcs. Finance Dir./Mgr. Police Dept. Fire Dept. Light Dept. Pub. Works (2) Parks & Rec. MRSC (1) PDN (Summary) Extra Copies TOTAL • P ORT. NGELES . A. XN A 4Z H I N rZ T n N H S_ A_ lyrrLR�l�I►`[y �1'/lam►'�1�: DATE: January 16, 2001 TO: MAYOR DOYLE AND CITY COUNCIL FROM: Public Works Department SUBJECT: Telecommunications Ordinance Workshop AS THIS PAPERWORK WAS PREVIOUSLY DISPERSED, PLEASE REMEMBER TO BRING i YOUR PAPERWORK WITH YOU TO THE COUNCIL MEETING. Thank you. • 1 • • z Larry Dunbar, Power Resources Manager January 16, 2001 Today's Presentation • Brief Background • Draft Comprehensive Ordinances • Draft Application Procedures Summary • Draft Application Requirements Summary • Public Comment Period Draft Ordinance Internal Draft Internal/External Stakeholder Document 1 10t✓ormnent}Pell , 11/1/00 12/20/00 Staff Team Pole Rental J Review COSA 11/10/00 1/12/01 y9 l Steering Internal Draft Committee Document 3 11/16/00 1/5/01 Internal Draft P.C. Document 2 Workshop 12/8/00 1/10/01 Draft Ordinances • Telecommunications Policies • Federal Law • State Law Wireless Ordinance Overview Zoning • Exempt facilities Title 17 • Local zoning authority u . „ • Radio frequency emissions • Mobile data services - issue • Balancing regulation and economic development Wireless Permit Procedure Lease of non-City Zoning utility poles, conduit, Title 17 structures, buildings or land Lease of City utility Utility Advisory poles, conduit and structures Committee Lease of City Real Estate Committee (Parks Board y buildings or land if in City Park) Tower - UUP Application Telecom Facility - CUP Application Planning Commission City Council Telecom Application Process Streets and Lease of non -City Sidewalks utility poles, conduit. Title 11 structures, buildings or land Lease o��UI�y Advisoryy poles, condummitteeTg1�omwi_ _._ ___» e Use Permit Requirements Streets and . ROW construction Sidewalks Title 11 • Performance bond • Excess capacity • Notification and coordination • City response Pole Attachment Summary Public Utilities - Pole rental agreements Tide 13 • Municipal consent • Notification/coordination • ROW use permit required • Construction requirements Business Licensing Summary Business Licensing . Telecommunications business and and Regulation Title 5 service updated definitions Fees Summary Revenue and . pole attachment Finance Tide 3 • Wireless telecommunications towers • Wireless telecommunications facilities • Master telecommunications permit - new ROW license permit -new • ROW use permit Comprehensive Ordinances Remaining Milestones/Timeline Stakeholder P.C. Public Comment Period Hearing 1/5/01-2/16/01 3/14/01 Final Draft P.C. Document 4 Recommendation 2/16/01 3/28/01 JYf 3 , Internal/External UA.C. Legal Review 2 Recommendation 3/2/01 3/12/01 d• P.A. Works! Recommendation 3/12/01 Public Information/Involvement • Public at large • Telecommunications stakeholders • City Council, Planning Commission, Utility Advisory Committee, PA Works! • Draft report available via Internet at: www.mcco.com/PortAngeles/index.html • Comments must be in writing Telecommunications and Related Ordinances Report Comments Welcome Through February 16, 2001 Larry Dunbar, Power Resources Manager PO Box 11.50, Port Angeles, WA 98362-0217 Bus 360-417-4713 Fax 360-417-4709 E-mail PALIGHT@CI.PORT-ANGLES.WA.US THE CITY OF PORT ANGELES Telecommunications and Related Ordinances January 5, 2001 Draft Document for Public Comment Comment Period 1/5/2001- 2/16/2001 Comments are invited on all items except interim procedures Please direct all comments to: Mr. Larry Dunbar, Power Resources Manager P.O. Box 1150 321 East Fifth Street Port Angeles, WA 98362-0217 Telephone: (360) 417-4713 e-mail: pahght@ci.port-angeles.wa.us METROPOLITAN COMMUNICATIONS CONSULTANTS Seattle: 5847 McKinley PI. N., Seattle, Washington 98103 Tel: 206.522.6778 Fax: 206.522.6777 Tacoma: 1201 Pacific Avenue, Suite 1702, Tacoma, Washington 98402 Tel: 253.272.1636 Fax: 253.272.1482 www.mcco.com ' The City of Port Angeles, Washington TELECOMMUNICATIONS AND RELATED ORDINANCES ' January 5, 2001 -- Draft Document for Public Comment Staff Team Steering Group Mike Quinn, City Manager Glenn Cutler, Public Works and Utilities Director Craig Knutson, City Attorney Scott McLain, Deputy Director of Power Systems Tim Smith, Economic Development Director Larry Dunbar, Power Resources Manager External Legal Counsel Clarence A. West, Dow, Cogburn & Friedman, P.0 ' Arboretum Great Hills Center, 9600 Great Hills Trail, Suite 150W, Austin, Texas 78759 Tel: (512) 637-1360 Fax: (512) 637-1361 ' The City of Port Angeles, Washington TELECOMMUNICATIONS AND RELATED ORDINANCES ' January 5, 2001— Draft Document for Public Comment Table of Contents ' A.: Applicable Telecommunications Policies and Regulations An for Port Angeles 1. Local Goals and Policies - Opportunity ......... ......... ...........1 2. Recommended Policy Guidelines .................................. ..........................: ...........2 3. Proposed Port Angeles Telecommunications Regulations .. ........: ......... ..........3 4. Interim Application Procedures and Permit Agreements .... ......... ......... ...........6 ' 5. Comprehensive Telecommunications and Related Ordinances ..................................7 B. Telecommunications Ordinance 1. MCC Customized Telecommunications Ordinance, Chapter 11.14, Draft 3 ..........8 2. Telecommunications Master Permit Approval Procedure,Draft 3 ..... ..... .........38 3. Interim Master Permit, Draft 3 ............ ......... ....... ......... ........: ......... ....... 41 C. Pole Attachments 1. Chapter 13.14, Pole Attachment Ordinance, Draft 3 . .................. ........:..........46 2. Interim Pole Attachment Agreement, Draft 3 .................. ................. ........ 50 D. Wireless Telecommunications Towers and Facilities 1. Chapter 17.52, Wireless Telecommunications Towers and Facilities Ordinance, Draft 3 .. 54 2. Wireless Telecommunications Towers and Facilities' Unclassified Use or Conditional Use Permit Procedure, Draft 3 ..... ...................65 3. Wireless Telecommunications Towers and Facilities Interim Unclassified Use or Conditional Use Permit Terms and Conditions, Draft 3 . .. .. .... ... ... ......... ... ........ ...............68 E. Related Ordinances- 1. Chapter 3.70, Fees, Draft 3 .......: ......... ................. ' .......... ......... ................. `. 79 ' 2. Chapter 5.04, General Provisions, Draft 3 ............... .......... ......... ...................85 . ...... .. .. 3. Chapter 5.80, Public Utility Tax, Draft 3 .. .. .87 1 Work W ROW Draft 3 . 4. Chapter 11.08, Construction or Excavation W thin ......... ....8 8 5. Chapter 11.12, Right -of -Way Use, Draft 3 ............. ............ ....... . ........`:..........96 F. Appendices ..... ....... .......... .......: ........................ ............. .................:.........102 Metropolitan Communications Consultants 1/5/2001 A. Applicable Telecommunications Policies and Regulations page 1 1. Local Goals and Policies - An Opportunity for Port Angeles As communities and individuals in all walks of life become more "web -centric", advanced telecommuni- cations and the Internet are becoming the preferred way to communicate, disseminate information, and conduct business. In 1999, the Into net had more than 200 million users worldwide, a number that is pro- jected to triple to 600 million by 2003. The time is fast approaching when more than half of all citizens ' will have an e-mail address and use the Internet regularly. Furthermore, the Internet is driving a huge electronic economy by becoming an unprecedented medium of exchange for business transactions, esti- mated to top $1 trillion worldwide by. 2003. ' In developing its telecommunications goals and policies, the City has the opportunity to go beyond just the mandated compliance issues of the Federal and State laws and regulations. The City has the oppor- tunity to set policies to take maximum advantage of advanced telecommunications in general and the ' Internet in particular, for the benefit of the City and its citizens. A major opporttmity and recommended goal is to prepare, equip, and empower all segments of City government to use advanced telecommuni- cations to optimize1 City operations2 and business processes. ' Examples of possible applications, some of which could be outsourced and others internal to the city, are given below: A. City/community communications ■ E-mail addresses for all city managers published on a web site (may already be in place). • Web posting of meeting announcements. 7 f� ■ Web posting of community events. etc. ■ Web enabled city forum and ability for citizens to voice concerns, complaints etc. • Visual graphic information on locations of public services. • Visual graphic information on future locations of public services. B. Public safety ■ Block watch crime notification by voice to specific city areas (if a crime is reported in a certain block, a voice notification to all homes within that radius of the crime and what to do to protect your person or property). This application is already being deployed in other cities. • Web site promoting public safety including policies, forms etc. • Emergency notification of "Rapid Response Teams." via a web interface. C. Public works • Web enabled permit applications for building, fire, demolition, percolation tests, sewer, etc. • Web enabled business licenses, etc. • Web site posting permit pones, etc. • Web and voice posting of permit progress whereby an application can be tracked through the process by the applicant. • Web and voice enabled bill paying, etc., for city provided services such as water, sewer, etc. The City benefits in the following ways: A. Encourages more communications (not less) with its citizens. B. Creates process efficiencies. For example, the electronic permitting process would allow more . citizens to obtain permits from the convenience of their home or office. Less staff would be required to provide information, track progress and field the many phone calls this process usually requires. 1 http://firstgov.gov/ '2hft://w-ww.solanocoun!Y.com/ Metropolitan Communications Consultants 1/5/2001 A. Applicable Telecommunications Policies and Regulations page 2 C. Leading by example. A web -enabled city is web -enabled for everyone to see. Prospective new citizens could get important community information from the City. Prospective new business entities could obtain business licenses; obtain policy, procedure information from anywhere. 2. Recommended Policy Guidelines Policy Guidelines Concerning Potential Opportunities from Advanced Telecommunications Policy guidelines that express a commitment to support telecommunications and to exploit resulting op- portunities are presented below in items A -C. A. Economic Development • The City should encourage economic development while preserving aesthetic and other com- munity values and preventing proliferation of above -ground facilities. ■ Investments by telecommunications and video programming providers should be encouraged in order to enhance economic development programs and provide jobs, opportunities, and choices for its citizens. • The City should encourage open competition and the provision of advanced and high quality telecommunications services on the widest possible basis to the businesses, institutions and resi- dents of the City, while eliminating unnecessary local regulation of telecommunications provid- ers and services. • Public and private partnerships are encouraged to meet public service needs and to pursue State, Federal, and private grant funding for public benefit in advanced telecommunications. B. Competition, best technology and service • The City should set a policy to support efforts to establish an open, competitive marketplace for telecommunications and video programming services. • The City should promote and encourage competition for voice, data, video, and video program- ming services that make the latest and best technology available and keep service prices afford- able for all City residents and businesses. • Universal access to telecommunications and video programming services should be encouraged for all residents and businesses. C. Leading by example • The City should lead the Port Angeles community to utilize advanced telecommunications by setting the example to enhance its operations and business processes, empower new applica- tions, and participate in the electronic economy for the benefit of the City and the community. Typical Other Policy Guidelines Typical other policy guidelines, to manage City rights-of-way proactively while balancing the interests and needs of the community follow in items D -F. D. Public trust responsibilities • The City should discharge its public trust responsibilities consistent with rapidly evolving fed- eral and state regulatory policies, industry competition, and technological development. • The City should protect public property, properly manage public assets and fairly and responsi- bly protect the public health, safety and welfare. E. Rights-of-way and asset management • A clear and nondiscriminatory local policy, standards and time frames concerning telecommuni- cations and video programming systems that use Public Rights -of -Way should be established. • The City should permit and manage reasonable access to the limited physical capacity of the available Public Rights -of -Way of the City for telecommunications purposes in a Metropolitan Communications Consultants 1/5/2001 u 0 A. Applicable Telecommunications Policies and Regulations page 3 non-discriminatory, competitively and technologically neutral, and non-exclusive way to the extent required under applicable law. ■ The City should permit and manage reasonable access to the limited physical capacity of the available Public Rights -of -Way of the City for video programming purposes in a non-discriminatory, competitively and technologically neutral, and non-exclusive way to the ex- tent required under applicable Iaw. • The City should obtain sufficient information from requesting persons and entities to enable it to make effective decisions regarding access to City rights-of-way and the effective management of activity in the rights-of-way: ■ Telecommunications and video programming franchises should be managed to preserve the in- tegrity of the City's infrastructure, ensure efficient use of City property and ensure compliance ' with City ordinances, rules and regulations. • Telecommunications and video programming franchisees should be required to place their facili- ties underground in situations where existing utility services are underground and/or whenever existing overhead facilities go underground and/or whenever City policy so requires. F. Compensation for the fair and reasonable value of public property used • The City's current and ongoing costs of granting and regulating private access to and use of the ' Public Rights -of -Way should be fully paid by the persons seeking such access and causing such costs, in a non-discriminatory manner. • The public interest should be protected by collecting, to the extent allowed under applicable law, ' fair and reasonable market compensation, associated fees, taxes, administrative costs, and con- struction costs for use of the rights-of-way for telecommunications and video purposes. 3. Proposed Port Angeles Telecommunications Regulations ' A comprehensive approach to telecommunications includes the development of three new ordinances including a master telecommunications ordinance, a pole attachment ordinance and a wireless telecom- munications tower and/or telecommunications facilities ordinance. Other existing ordinances will need to be updated including construction or excavation work within the right-of-way, right-of-way use, revenues and fees, licensing and. An organizational chart by title/ chapter and by hierarchy of the tele- communications and related ordinances is presented on the next page. r Metropolitan Communications Consultants 1/5/2001 A. Applicable Telecommunications Policies and Regulations page 4 Revenue and Business Licensing Streets and Public Utilities Zoning Finance and Regulation Sidewalks Title 13 Title 17 Title 3 Title 5 Title 11 Master Wire/ s es Fees General Provisions Telecommunications Pole Attachment Communications Chapter 3.70 (Licenses) Ordinance Chapter 13.14 Facilities Chapter 5.04 Chapter 11.14 Chapter 17.52 ' Construction or Public Utility Tax Excavation Work ' Chapter 5.80 Within ROW Chapter 11.08 ROW Use Chapter 11.12 , Table 1: Telecommunications Related Ordinances Organizational Chart ' and Master Telecommunications Ordinance Chapter 11.14 Construction or Wireless Excavation Work Public Utility Tax Pole Attachment Communications Within ROW Chapter 5.80 Chapter 13.14 Facilities , Chapter 11.08 Chapter 17.52 General Provisions ' Fees ROW Use Chapter 3.70 (Licenses) Chapter 11.12 Chapter 5.04 Table 2: Telecommunications and Related Ordinances Hierarchy Chart ' Metropolitan Communications Consultants 1/5/2001 A. Applicable Telecommunications Policies and Regulations page 5 The current status of proposed telecommunications and related regulations is given below in Table 3. P 1? � Item Description To comply with status page Comments Telecommunications Policies 1 Policy Guidelines 2001 Council Goals, Draft 3 2 Use opportunity to state City's pro -active position. Objectives, Document in Telecom Ordinance Programs/Projects Ordinances 2 Telecommunications Ordinance 1996 TCA, ESSB 6676 Draft 3 8 Chap. 11.14 PAMC Telecommunications 3 Pole Attachments Title 13 PAMC Draft 3 46 Chap. 13.14 PAMC Pole Attachments 4 Wireless Ordinance Title 17 PAMC Draft 3 54 - Chap. 17.52 PAMC Wireless Ordinance 5 Fees Title 3 PAMC Draft 3 79 Chap. 3.70 PAMC Fees 6 licensing Title 5 PAMC Draft 3 85 Chap. 5:04 PAMC Business License 7 Taxation Title 5 PAMC Draft 3 87 Chap. 5.80.030 PAMC Telecom businesses 8 Right-of-way Ordinance Title 11 PAMC Draft 3 88 Chap. 11.08 PAMC Construction or Excavation Work ' Within Rights -of -Way 9 - Extra conduit authority ` ESSB 6676 incl in 8 89 Chap. 11.08.020B 10 Right-of-way Ordinance Title 11 PAMC Draft 3 96 Chap. 11.12 PAMC Right -of -Way Use Franchises and Permits 11 Master Permit RCW 80.36.040 see 18 41 RCW,80.36.040 Municipal Consent or Municipal Consent ESSB 6676 General permission to use the r/w. Chap. 1114.010E: 12 Cable Television Franchise future Northland cable, Franchise expires 10/1/2003 13 ` Institutional Network Agreement future Negotiate in Franchise Renewal 14 Use Permit ESSB 6676 Permit to install facilities in a specified location. Chap. 11.08.020 Most commonly a construction or r/w permit & Chap. 11.14.010G 15 ' Facilities Lease or License Chap. 11. 14.01 OF Use of city facility assets Administrative 16 Written explanation of master ESSB 6676 Draft 3 38 Check list - permit approval process 17 Interim Master Permit Chap. 11.14.010E Draft 3 41 For transitional use 18 Interim Pole Attachment Agmt Title 13 PAMC; Draft 3 50 For transitional use 19 Written explanation of wireless Draft 3 65 Check list permit approval process 20 Interim Unclassified Use Permit Draft 3 68 For transitional use ' 21 ' Permit approval process record _ESSB 6676 future : Denial of master permit requirement 22 Reasonable advance notice of ESSB 6676 future City engineering and public works coordination plans for construction in r/w process Table 3: Status of Proposed Port Angeles Telecommunications Policies and Regulations Metropolitan Communications Consultants 1/5/2001 A. Applicable Telecommunications Policies and Regulations page 6 4. interim Application Procedures and Permit Agreements A flowchart (Table 4) of the recommended interim application procedures and permit agreements is pre- sented below. The flowchart describes the specific activities to be completed during the transitional pe- ' riod while the telecommunications and related ordinances are proceeding through the adoption process. During this interim period, an application procedure and agreement would be available for applicants that want to pursue development of wireless telecommunications towers and/or telecommunications fa- cilities using public right-of-way. With this Draft (#3) for public comment, we are at the "Final Interim , Procedures" step. Start Finish Internal Draft Internal/External Final Interim Report to City ' Document 1 Legal Review Procedures Council 11/1/00 12/20/00 1/5/01 1/16/00 L- Staff Team port to P.C. Review 11/10/00 12/13/00 ' Steerin g Report to UAC Committee 12/11/00 1 1/16/00 , Internal Draft Report to PA Document 2 12/8/00 Works! 12/12/00 ' Table 4: Interim Application Procedures and Permit Agreements Flowchart Metropolitan Communications Consultants 1/5/2001 B. Telecommunications Ordinance page g Oc _ - Protects the public and the City from any harm resulting.from such private use of rights-of- way and preserves and improves the aesthetics of community. (d) Protects and carries out the regulatory authority of the City and recovers administrative ' costs, in a manner consistent with federal,and state law. 2. The Council of the City of Port Angeles also finds that the City's public rights-of-way, other City Property, and utility facilities such as its poles and conduits within the City constitute valuable ' public property: (a)That can be partially occupied by private companies and other entities for facilities used in the delivery, conveyance, and transmission of telecommunications, utility and public ser- vices rendered for profit, to the enhancement of the health, welfare, and general economic well being of the City and its citizens; and (b) That are a unique resource so that proper management by the City, is necessary, to maximize the efficiency and minimize the costs to the taxpayers of the foregoing uses and to minimize the inconvenience and negative effects, including degradation, upon the public from such fa- cilities' construction, emplacement, relocation, and maintenance in the rights-of-way. 3:' Therefore, the, purpose and intent of this Chapter is to: (a) Permit and manage reasonable access to the limited physical capacity of the available public rights-of-way of the City for telecommunications purposes in anon -discriminatory, competi- lively neutral, and non-exclusive way to the extent required under, applicable law. (b), Encourage open competition and the provision of advanced and high quality telecommum- cations services on the widest possible basis to the businesses, institutions, and residents of the City, while eliminating unnecessary local regulation of telecommunications service pro- viders and services. (c) Promote and encourage competition for voice, data, video, and video programming services that make the latest and best technology available and keep service prices affordable for all City residents and businesses. (d) Encourage universal access to telecommunications and video programming services for all residents and businesses. (e) Encourage investments by telecommunications service providers to enhance economic de- velopment programs and provide jobs, opportunities, and choices for its citizens. (f), Encourage economic development while preserving aesthetic and other community: values and preventing proliferation of aboveground facilities. (g) Enable the "City to discharge its public trust consistent with rapidly evolving federal and state regulatory policies, industry; competition, and technological development. (h) Recover the City's current and ongoing costs of granting and regulating private access to and use of the public rights-of-way from the persons and businesses seeking such access and ' causing such costs, in a non-discriminatory. manner. B. Definitions. ' For the purpose of. this Chapter, and the interpretation and enforcement thereof, the following words and phrases shall have the meanings given herein, unless the context of the sentence in which they are used shall indicate otherwise. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number; and words in the sin- gular number include the plural number; and the masculine gender` includes the feminine gender. The Words "shall" and "will° are. mandatory, and "may" is permissive. Unless otherwise, expressly stated, words not defined in this Chapter shall be construed consistent with Title 47 of the United States Code and Title 35 of the Revised Code of Washington, and, if not defined therein,. their common and ordinary meaning. References to governmental entities (whether persons or entities) refer to those entities `or. their. Metropolitan Communications Consultants 1/512001 B. Telecommunications Ordinance page 10 law successors in authority. If specific provisions of referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision. References to laws, ordinances` or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances and. ' regulations now in force or hereinafter enacted or amended. ' "Affiliate" means a person, who (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person. ' "Applicant" means any person or entity that applies for any right-of-way license, franchise, lease, or other permit pursuant to this Chapter. ' "Application Fee" means the charge specified in Section 11.14.030 herein, and designed to recover the City's actual -administrative costs in processing applications for any right-of-way license, franchise, lease or other permit pursuant to this Chapter, including applications for the transfer thereof. Cable Act",means the Cable Communications Policy Act of 1984,47 U.S.C. §§ 521 et seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992, as further amended by the Tele communications Act of 1996, and as may be further amended from time to time. "Cable Facilities" See "Cable system". "Cable Television Service" for the purpose of this Chapter shall have the same meaning provided by the Cable Act and to the extent applicable RCW § 35.99.010. " d transmission a table System" means. a facility, consisting of a -set of close ons paths and associated signal y �. g pJ generation, reception and control equipment that is designed to provide cable service which includes ' video programming and which is provided to multiple subscribers within a community, but such term does not include: 1. A facility that serves only to retransmit the television signals of one or more television broadcast' ' stations; 2. A facility that serves subscribers without using any public right-of-way ' 3. A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II (Common Carriers) of the Communications Act of 1934, as amended, except that such facility shall be considered a cable system to the extent such facility is used in the transmission' of video pro- gramming directly to subscribers, unless the extent of such use is solely to provide interactive on- . ' demand services; 4.' Any facilities of any electric utility used solely for operating its electric utility systems; or. 5; An open video system that is certified by the FCC. A reference to a Cable System includes pedestals, equipment enclosures (such as equipment cabinets), amplifiers, power guards, nodes, cables, fiber optics and other equipment necessary to operate the cable system. ` "City" means the City of Port Angeles, a non -charter code city of the State of Washington, in its present ' incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form. "City Property" means and includes all real property, utility poles, conduits, bridges and similar facilities Metropolitan Communications Consultants 115/2001 B. Telecommunications Ordinance page 11 terms defined herein, ' owned by the City, other than public streets and utility easements as those are and all property held in a proprietary capacity by the City, which are not subject to right-of-way licensing: and master permitting as provided in this Chapter. ' "Council" means the City Council of the City of Port Angeles; Washington. , "Director" or his/her designee. ' Director means the Director of Public Works .and Utilities the. City. of Port Angeles j gn "Emergency" means a condition of imminent danger to the health, safety and welfare of property or per- , sons located within the City including, without limitation, damage to persons or property from natural consequences, such as storms, earthquakes, riots or wars. , d "Excess Capacity" means the volume or capacity in any existing or future duct, conduit, manhole, hand - hole or other utility facilities within the public. way that is or will be available for use for additional tele- communications facilities. ' "Facilities" means all of.the plant, equipment, fixtures, appurtenances, antennas, and other facilities nec- essary to furnish and deliver telecommunications services, private telecommunications services, and ca- ' ble television services, including but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables, communication and signal lines and equipment, braces, guys, anchors, faults, and all attachments, appurtenances, and appliancesnecessary or incidental to the distribution and use of telecommunications services, private telecommunications services, and cable television services. "Facilities Lease" or "Lease" means the legal authorization to occupy and use specific City property ' and/or specific areas of City right-of-way for the specified time and under the specified terms as agreed to between the City and the lessee, , " " or lawful "FCC" or Federal Communications Commission means the Federal administrative agency successor, authorized to regulate and oversee telecommunications, cable and open video carriers, opera- tors and providers on a national level. ' "Fiber Optics" means the technology of guiding and projecting light for use as a communications me- ' dium. "Franchise" shall mean the prior authorization, granted by the City to a service provider giving the car- ' rier or operator the non-exclusive right to occupy the space in, under, over or across public ways of the city to provide a specified service within the City. Such franchises do not include and are not a substitute for: 1. Any other permit or authorization required for the privilege of transacting and carrying on a busi- , ness within the City required by the ordinances and laws of the City; 2. Any permit, agreement or authorization required in connection with operations on or in public ' streets or property, including by way of example and not limitation, right-of-way construction, use and street cut permits; 3. Any permits or agreements for occupying any City Property or property of private entities to which access is not specifically granted by the franchise including, without limitation, permits and agree- ments for placing devices on or in any City Property including, without limitation, poles, conduits, buildings, other structures orrailroadeasements, or property of a private entity; or r Metropolitan Communications Consultants 1/5/2001 B. Telecommunications Ordinance page 12 4. The right to place devices in the right-of-way, such as pay telephones, for end user use in terminat- ing or originating transmissions. ' By way of example, and without limiting the foregoing, this Chapter shall not be read to diminish or in any way affect the authority of the City to control and charge for the use of its real estate, fixtures or per- sonal property. Therefore, any person who desires to use such property must obtain additional approv- als, master permits, use permits or agreements for that purpose, as may be required by the City or state law. ' "Franchisee" means the person, firm or corporation to whom or which a franchise, as defined in this Sec- tion, formerly was previously granted by the City and the lawful successor, transferee or assignee of said person, firm or corporation subject to such conditions as may be established in this Chapter. ' "Grantee" means the holder of a franchise, Y ri ht-of-wa license, master permit, use permit or facilities right-of-way lease. ' " nue including funds used to a franchise fees from the provision of Gross Revenues means. all revenue, _ g pay , telecommunications services in the City via the telecommunications system; provided, however, gross ' revenues shall not include taxes imposed directly upon any subscriber or user by the federal, state, county, or other governmental unit and required to be collected by the grantee. Provided further, that an grantee may deduct from its gross revenues those revenues received from a lessee or a like provider that. ' holds a franchise or license under this Chapter, provided that lessee or like provider submits a certificate to the telecommunications grantee stating that it has paid the fees it owes the City for the applicable re- porting period. Copies of the certificate must be provided to the City. "License" or "Right -of -Way License" refers to the legal authorization, in lieu of a franchise or master. permit, to use a particular, discrete, and limited portion of the public rights-of-way to construct, maintain ' or repair a telecommunications facility or. a private telecommunications system by a non -service pro- vider. The term license or right-of-way license shall not mean or include: 1. Any other permit or authorization required for the privilege of transacting and carrying on a busi- ness within the City; 2. Any permit, agreement or authorization required in connection with operations on public streets or property, including by way of example and not limitation, right-of-way construction permits or use permits as defined in Chapter 11.08 PAMC; 3. Any permits or agreements for occupying any City Property or property of private entities to which access is not specifically granted by the right-of-way license including, without limitation, permits and agreements for placing devices on or in any City Property including, without limitation, poles, ' conduits buildings, other structures or railroad easements, or property of a private entity; or 4. The right to place devices in the right-of-way, such as pay telephones, for end-user use in originat- ing and terminating transmissions, otherwise authorized; as by a facilities lease. "Master Permii means the, agreement between the City in which it grants general permission to a ser- vice provider to enter, use, and occupy the right-of-way for ,the purpose of locating facilities. For pur- poses of this Chapter, a franchise, except for a cable television franchise, is a master permit. A master permit does not include cable television' franchises. The term master permit or right-of-way license shall not mean or include; 1. Any other permit or authorization required for the privilege of transacting and carrying on a busi- ness within the City. ' 2. Any permit, agreement or authorization required in connection with operations on public streets or Metropolitan Communications Consultants !/5/2001 B. Telecommunications Ordinance page 13 ' property, including by way of example and not limitation, right-of-way construction permits and use permits as defined in Chapter 11.08 PAMC. 3. Any permits or agreements for occupying any other property of the City or private entities to which , access is not specifically granted by the master permit including, without limitation, permits and agreements for placing devices on or in poles, conduits other structures, or railroad easements, whether owned by the City, or a private entity. 4. The right to place devices in the right-of-way, such as pay telephones, for end-user use in originat- ing and terminating transmissions, otherwise authorized, as by a facilities lease. Non -Service Provider" means any person installing, constructing, monitoring or operating a private telecommunications system or a person installing, constructing, maintaining facilities, including but not limited to conduit and/or unlit dark fiber located in the right-of-way that is not used to provide tele- ' communications service for hire, sale or resale to the general public. "Open Video System" or "OVS" refers to a facility consisting of a set of transmission paths and associ- ated signal generation, reception and control equipment that is designed to provide Cable Service, which includes video programming, which is provided to multiple subscribers within a community, and which the Federal Communications Commission or its successor has certified as compliant with Part 76 of its ' rules, 47 C.F.R., Part 76, as amended from time -to -time. "Open Video System Service" means video programming by means of an open video system. ' "Other Ways" means the highways, streets, alleys, utility easements or other rights-of-way within the City, but under the jurisdiction and control of a governmental or private entity other than the City. ' "Overhead Facilities" refers to electric utility and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities. ' "Person" means and includes corporations, companies, associations, joint stock companies or associa- tions, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers, but not the City. "Personal Wireless Service" means commercial mobile services, unlicensed wireless services, and com- mon carrier wireless exchange access services, as defined by federal law and regulations. , -Private Telecommunications Facilitiesmeans all of the plant, equipment, fixtures, appurtenances, an- and other facilities necessary to furnish and deliver private telecommunications services, includ- tennas,includ- ing but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables, com- ing munication and signal lines and equipment, braces, guys, anchors, faults, and all attachments, appurte- nances and appliances necessary or incidental to the distribution and use of private telecommunications services. "Private telecommunications facilities" also includes any conduit, lines, fiber or unlit dark fiber that is not used to provide telecommunications services for hire, sale or resale to the general public. "Private Telecommunications System" means a telecommunications system controlled by a person or entity for the sole and exclusive use of such person, entity or affiliate thereof, including the provision of ' private shared telecommunications services within a user group located in discrete private premises in building complexes, campuses or high rise buildings, by such party or entity, but not encompassing in Metropolitan Communications Consultants 1/5/2001 B. Telecommunications Ordinance page 14; ' stem offered for hire sale or resale to the general public. For the purposes of this'Cha Chap- a system g P p P p ter, "Private telecommunications system" also includes facilities comprised of conduit, lines, fiber or ter, ' unlit dark fiber located in the right-of-way that is not used to provide telecommunications services for hire, sale or resale to the general public. "PrivateTelecommunications System Owner" means a person that owns or leases a private telecommu- nications system. ' "Proposal" means the response, by an individual or organization, to a'request by the City regarding the provision of telecommunications services. "Proposal" also includes an unsolicited plan submitted by an individual or organization seeking to provide telecommunications services in the City. "Right -of -Way" or "Public Way" means 'land acquired or dedicated for roads and public streets and, easements for which, under the City ordinances, and other applicable laws, the City has authority to thereover, may be grant master permits, licenses or leases for use thereof, or has regulatory authority and more specifically defined in the master permit, license or lease granting any right to or use thereof. "Pub- lic rights -of --way" or' "public ways' for the purpose of this Chapter do not include buildings, parks,; ' poles, conduits or similar facilities or property owned by or leased to the City, including, by way of ex- ample and not limitation, structures in the public way such as utility poles, and bridges. "Service Provider" means every corporation, company, association, joint stock association, firm, partner- ship, or person owning, operating, or managing any facilities used to provide and providing telecom- munications; or cable television service for hire, sale, or resale to the general public. Service provider in- ' eludes the legal successor to any such corporation, company, association, joint stock association, firm, partnership, or ,person. ' "State" means the State of Washington. "Surplus Space" means that portion of the usable space on a utility pole, or in a 'duct or conduit which has the necessary clearance from other users, as required by federal or state orders and regulations, to a.17. low its use by a telecommunications carrier for a pole attachment or other telecommunications facility. ' "Telecommunications Service" means the transmission of information by wire, radio, optical cable, elec- tromagnetic, or other similar means for hire, sale, or resale to the general public. For the purposes of this, Chapter, "information" means knowledge or intelligence represented by any form of writing, signs, sig-' nals, pictures, sounds,' or any other symbols. For the purpose of this Chapter, "telecommunications ser- vice" excludes the over -the -air transmission of broadcast television or broadcast radio signals. "Telecommunications System" means a tangible facility that is used to provide one or more telecommu- nications services, any portion of which occupies public rights-of-way. The term "telecommunications system" by way of example, and not limitation, includes' wires, equipment cabinets, guys, conduit, radio ' transmitting towers, poles, other supporting structures and associated and appurtenant facilities used to transmit telecommunications signals. The term "telecommunications system" includes all devices mounted on electric utility poles in the public rights-of-way through which telecommunications services are originated or terminated. A cable system is not a telecommunications system to the extent that it pro- ' vides only cable service and an open video system is not a telecommunications system to the extent that it provides only video services. Metropolitan Communications Consultants 1/5/2001 B. Telecommunications Ordinance page 15 "Transfer" means any transaction in which: 1. There is any change, acquisition or transfer of working control of the franchisee, right-of-way li- cense holder, or maser permit holder; or 2. The rights and/or obligations held by the franchisee, right-of-way license holder, or master permit holder under the franchise, right-of-way license, or master permit are transferred, sold, assigned or leased, in whole or in part, to another party; provided that it will be presumed that any transferor ' cumulative transfer of voting interest of twenty percent (20%) or more is transfer of working control within the meaning of this definition. " " ' m e total distance between the to of a utility of the Usable. Space ears the p ty p e and a lowest possible attach- ment point that provides the minimum allowable vertical clearance as specified in any federal or state order or regulation. ' "Use Permit" refers to the legal authorization from the City, in addition to a master permit or franchise, to enter and use a specified portion of the public rights-of-way for the purpose of installing, repairing, or ' removing identified facilities. "Utility Easement" means any easement owned by the City and acquired, established, dedicated or de- ' voted for public utility purposes not inconsistent with telecommunications facilities, excluding case- ments not specifically allowing license, franchise or lease holders. ' n n Utility Facilities means the plant, equipment and property, including but not limited to the, poles, pipes, mains, conduits, ducts; cables,wires, plant and equipment located under, on or above the surface of the ground within the public ways of the City and used or to be used for the purpose of providing , utility and telecommunications services. "Working Control" as used herein means the ability to affect management decisions. It will be presumed , that voting interest of twenty percent (20%) or more is considered working control within the meaning of this Chapter. C Occupation License Required. Except_ as otherwise provided herein, any service provider engaged in the business of telecommunica- tions service of any kind originating or terminating in the City shall obtain an occupation license from the City pursuant to Title 5, Licensing and Taxation, PAMC, as applicable. ' D. Right -of -Way License Required for Private Telecommunications System. Except as otherwise provided herein, any person who desires to construct, install, control or otherwise locate telecommunications facilities in, under, over or across any public way of the city for the sole pur- pose of private telecommunications system shall first obtain a right-of-way license granting the use of such public ways from the City pursuant to PAMC 11.14.010. E. Master Permit Required for Telecommunications Service. Except as otherwise provided herein, any person who desires to construct, install, control or otherwise locate telecommunications facilities in, under, over or across any public way of the City to provide tele- communications service, shall first obtain a master permit granting the use of such public ways from the City pursuant to PAMC 11.14.020. Metropolitan Communications Consultants 1/5/2001 B. Telecommunications Ordinance page 16 F. Facilities Lease Required. but not limited to service providers and non -service providers, who occupies or Any person, including ' desires to locate telecommunications equipment on or in City property, including lands or City -owned physical facilities other than the public rights-of-way, shall not locate such facilities or equipment on City property unless granted a facilities lease from the City pursuant to PAMC 11.14.030. The City reserves ' unto itself the sole discretion to lease City property for telecommunications facilities, and no vested or other right shall be created by this Section or any provision of this Chapter applicable to such facilities leases. For purposes of this Section, "City property" shall include site-specific locations in the rights -of ' way G. Use Permits Required. ' Except as otherwise provided herein, the holder of a right-of-way license, master permit, franchise or lease granted pursuant to this Chapter or otherwise authorized to use and occupy the public rights-of- way, shall, in addition to said right-of-way license, master permit, franchise, lease, or grant.be required to obtain a use permit from the City pursuant to this Chapter. Pole attachments shall meet requirements of ' Chapter 13.14 PAMC. No work, construction, development, excavation, or installation of any equipment or facilities shall take place within the public ways or upon City property until such time as the use per mit is issued except as provided in Titles 11 and 13 PAMC H. Transitional Provisions. ' 1. Service Providers Operating without a Franchise or Master Permit or Other Grant or Agreement. Any person operating any facility which requires a master permit under this Chapter, other than a person holding a franchise, license or lease under this Chapter, or other grant or authority from the City, shall have three (3) months from the effective date of this Chapter to file the necessary applica- tions for a master permit under this Chapter. Any person timely filing such an application shall not be subject to City remedies under PAMC 11.14.050 hereof for failure to have such a master permit as long as said application remains pending; provided, however, nothing herein shall relieve any ' person of any liability for failure to, obtain any franchise or right-of-way license required under: other City ordinances, and nothing herein shall prevent the City from requiring removal of any fa- cilities installed in violation of any such ordinances. 2. Persons Asserting an Existing State-wide Grant. Any person asserting an existing state-wide grant based on a predecessor telephone or telegraph company's existence at the time of the adoption of the Washington state constitution may continue to operate under the existing state-wide grant pro- vided the person provides the City with documentation evidencing the existing state-wide grant. The City may request, but not require, a person asserting an existing state-wide grant to obtain a master permit under this Chapter. A person asserting an existing state-wide grant may elect at any time to apply for a superseding master permit under this Chapter. All service providers asserting ' existing state-wide grants, other grants or authority to use and occupy the right-of-way shall be subject to the same requirements as holders of master permits. 3. Persons Holding Leases. Any lessee, under a lease from the City for facilities located on City prop- erty that is valid and in force on the effective date of this Chapter, may continue to occupy such property to the conclusion of the term of the lease, in accordance with the terms of such lease; pro- vided, however, that such lessee may elect at any to apply for a superseding lease under this ' Chapter. Section 11.14.020 - Administrative Provisions A. Right -of -Way License. B. Master Permit C. Facilities Lease. Metropolitan Communications Consultants 1l5120011 B. Telecommunications Ordinance page 17 ' D. Appel of Ci Determination. _ Appeal A. Right -of Way License.' ' A right-of-way license shall be required of any person who occupies or desires to construct, install, con- trol or otherwise locate telecommunications facilities in, under, over or across any public way of the City that are not used, to provide telecommunications service for hire, sale or resale to the general public or , that are sold for the sole purpose of providing a private telecommunications system. 1. < Right -of -Way License Application. Any person who desires a right-of-way license pursuant to this Chapter shall file an application with the City, which shall include the following information: ' (a) The identity of the applicant and the persons who exercise working control over the appli- cant. Publicly traded entities may provide copies of the pertinent portions of their most re- cent sworn filing(s) with the Federal Securities and Exchange Commission that evidence any , working control ownership interests, to comply with this requirement. (b) A description of the telecommunications services that are or will be offered or provided by the applicant over its telecommunications facilities. Only general, non-proprietary informa- tion need be provided. (c) , Whether the applicant intends to provide cable service, open video service or other video; programming service, and sufficient information to determine whether such service is sub-` , jectto the City's cable franchising requirements. Only general, non-proprietary information need be provided. (d) At the time of the application, a network map of existing and proposed facilities to be located ' within the city, all in sufficient detail to identify: (i) , The location and route requested for the applicant's proposed facilities; The specific trees, structures, improvements, facilities and obstructions, if any, that the ' applicant proposes to temporarily or permanently remove or relocate; and (iii) To the extent known at the time of application, the names of other telecommunica- tions carriers, operators or providers with which there will be an interconnection of ' 'telecommunications facilities by the applicant. 2. Map Format/Media. The Director shall have the discretion to prescribe the format and/or media of said maps, consistent with city codes and policies. To the extent compatible with the city's elec- tronic mapping software, the grantee shall provide said maps _ in a computer readable electronic format, together with the following information: (a) A description of the transmission medium that will be used by the applicant to offer or pro- ' vide such private telecommunications services. (b) A description of the City's existing available facilities, such as utility poles, conduits, vaults, etc. that the applicant proposes to use to provide such private telecommunications services in accordance with applicable City regulations and requirements. (c) If the applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its private telecommunications facilities on existing utility poles along the proposed route.. (d) If the applicant is proposing an underground installation in existing ducts or conduits within the public ways, evidence that surplus space is available for locating its private telecommu- nications facilities in such existing ducts or conduits along the proposed route: (e)' A preliminary construction schedule and completion date.. (f) Information establishing that the applicant has obtained` all other governmental approvals, permits and facilities leases, to construct the facilities. (g) All deposits or charges and application fees required pursuant.to this Chapter. Metropolitan Communications Consultants 11512W1 B.' Telecommunications Ordinance page 19 c All deposits or charges and application fees required pursuant to this Chapter. 11. Renewal Determination.Within ninety (90) .days after receiving a complete application for renewal, the .Director shall issue a written determination granting or denying the renewal application in whole or in part.` If the :renewal application is denied, the written determination shall include the reasons for denial. The decision to grant or deny an application for the renewal of a right-of-way h- cense shall, in addition to the standards set forth in PAMC 11.14.020A3 be based upon the follow- ' ing standards: (a) The continuing capacity of the public ways to accommodate the applicant's existing facilities. (b) The applicant's compliance with the requirements of this Chapter and the right-of-way li- ' cense. (c) Applicable federal, state and local telecommunications laws, rules and policies. 12. Obligation to Cure as a Condition of Renewal. No right-of-way license shall be renewed until any ongoing violations or defaults in the grantee's performance under the right-of-way license, or of the requirements of this Chapter, have been cured, or a plan detailing the corrective action to be taken by the grantee has been approved by the City. B. Master Permit. A shall be required of service provider who desires to construct, install, control or master permit .any , otherwise locate telecommunications facilities in, under, over or across, any public way of the City, and to provide telecommunications service for hire, sale or resale to the general public; provided, however, that a right-of-way license in accordance with PAMC 11,14.020A may, with the approval of the Director,' be substituted for a master permit for de minimis (i.e., significantly less than city-wide uses of route spe- cific) uses of public ways made in conjunction with a telecommunications system located entirely upon publicly or privately owned property. , 1. Master Permit Application. Any person that desires.a master permit pursuant to this Chapter shall file an application with the City which shall include: (a) The identity of the applicant and the persons who exercise working control over the appli- cant. Publicly traded entities may provide, copies of the pertinent portions of their most re- cent sworn filing(s) with the Federal Securities and Exchange Commission that evidence any working control ownership interests, to comply with this requirement. (b) A description of the telecommunications services that are or will be offered or provided by the applicant over itstelecommunicationsfacilities. Only general, non-proprietary informa- tion need be provided. , c Whether the applicant intends to provide cable service, open video service or other. video programming service, and sufficient information to determine whether such service is sub- ject to the City's cable franchising requirements. Only general, non-proprietary information need be provided. (d) At the time of the application, a network map of existing and proposed facilities to be located within the City, all in sufficient detail to identify: (i) The location and route requested for applicant's proposed facilities. (ii) The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently, remove or relocate. , (iii) To the extent known at the time of application, the names of other telecommun- cations carriers, operators or, providers to which there will be an interconnection of telecommunications facilities by the applicant. ' location of an existin telecommunications facilities in the (e) An accurate map showing the y g City that applicant intends to use or lease to the extent not previously provided. Metropolitan Communications Consultants 1/5/2001 B. Telecommunications Ordinance page 21 8. Renewal of Master Permit. A service provider that desires to renew its master permit under this p Chapter for an additional term shall, not more than one hundred eighty (180) days nor less than one hundred twenty (120) days before expiration of the current master permit, file an application with the City for renewal of its master permit, which application shall include the following: (a) The information required pursuant to PAMC 11.14.020A. (b) Any information required pursuant to the master permit agreement between the City and ' the grantee. (c) All deposits or charges and application fees required pursuant to this Chapter. 9. Renewal Determination. Within one hundred twenty (120) days after receiving a complete applica- tion for renewal, the City shall issue a written determination granting or denying the renewal ap- plication. in whole or in part. If the renewal application is denied, the City's decision shall be sup- ported by substantial evidence contained in the determination, which shall include the reasons for ' denial. Prior to granting or denying renewal of a master permit under this Chapter, the Council shall conduct a public hearing and make a decision based upon the standards set forth in PAMC 11.14.020B2, and the following additional standards: ' (a) The continuing capacity of the public ways to accommodate the applicant's existing facilities. (b) ' The applicant's compliance with the requirements of this Chapter and the master permit agreement. (c) Applicable federal, state and local telecommunications laws, rules and policies. 10. Obligation to Cure as a Condition of Renewal. No master permit shall be renewed until any ongo- ing violations or defaults in the service provider's performance of the master permit agreement, or ` of the requirements of this Chapter, have been cured, or a plan detailing the corrective action to be taken by the service provider has been approved by the City. - 11. Expedited Processing of Use Permits. A master permit may contain a procedure for expedited processing of a use permit based on reasonable necessity arising from hardship or emergency. C_ Facilities Lease. ' The Council may, in its sole discretion, approve facilities leases for the location of telecommunications facilities and other facilities upon City property, as that term is defined in this Chapter or upon right-of- way as permitted under RCW 35.21.860(1)(e). Neither this Section, nor any other provision of this Chap- , ter shall be construed to create an entitlement or vested right in any person or entity. 1. Lease Application. Any person that desires to solicit the City's approval of a facilities lease for tele- communications facilities pursuant to this Chapter shall file a lease application with the City, which ' shall include the following: (a) The identity of the applicant. (b) A description of the telecommunications facilities or other equipment proposed to be located ' upon City property. (c) A description of the City property upon which the applicant proposes to locate telecommu- nications facilities or other equipment. (d) Demonstration of compliance with Title 17, Zoning, if applicable. (e) Preliminary plans and specifications in sufficient detail to identify: ' (i) The location(s) of existing telecommunications facilities or other equipment upon the City property, whether publicly or privately owned. (ii) The location and source of electric and other utilities required for the installation and operation of the proposed facilities. (f) Accurate scale conceptual drawings and diagrams of sufficient specificity to analyze the aes- thetic impacts of the proposed telecommunications facilities or other equipment. , Metropolitan Communications Consultants 1/5/2001 B. Telecommunications Ordinance page 23 reason- the City, terminate this lease and restore the City property to its original condition, able wear and tear excepted. The lessee shall cooperate with all other tenants to identify the causes of and work towards the resolution of any electronic interference problem. In addi- tion, the lessee agrees to eliminate any radio or television interference caused to City -owned facilities or surrounding residences at lessee's own expense and without installation of extra filters on City -owned equipment. Lessee further agrees to accept such interference as may be received from City -operated telecommunications or other facilities located upon the City` ' property subject to this lease." 8:Ownership and Removal of Improvements. No facilities lease shall be granted under this Chapter unless it contains a provision, which states that all buildings, landscaping and all other improve- , ments, except telecommunications equipment, shall become the property of the City upon expira-. tion or termination of the lease. In the event that telecommunications facilities or other equipment are left upon City property after expiration or termination of the lease, they shall become the prop- erty of the City if not removed by the lessee upon thirty (30) days written notice from the City. In the event that the City requires removal of such improvements, such removal shall be ac- complished at the sole expense of the lessee and completed within ninety (90) days after receiving ' notice from the City requiring removal of the improvements, or removal will be accomplished by the City. at lessee's expense. 9. Cancellation of Lease by Lessee. ' on the prospective lessee obtaining all necessary per- (a) All facilities leases .are contingent up p p g r3' mits, approvals and licenses for the proposed facilities. In the event that the prospective les see is unable to obtain all such permits, approvals and licenses, it may cancel its lease, and obtain aP ro rata refund of any rents paid, without further obligation by giving thirty (30) days written notice to the City. (b) In the event that the holder of a facilities lease determines that the city property is unsuitable ' for its intended purpose, the lessee shall have the right to cancel the lease upon one hundred twenty (120) days written notice to the City. However, no prepaid rent shall be refundable. 10. Amendment of Facilities Lease. Except as provided within an existing lease agreement, a new lease application and lease agreement shall be required of any telecommunications carrier or other entity that desires to expand, modify or relocate its telecommunications facilities or other equipment lo- cated upon City property. If ordered by the City to locate or relocate its telecommunications facili- ties or other equipment on the City property, the City shall grant a lease amendment without further application. 11. Renewal Application. A lessee that desires to renew its facilities lease under this Chapter shall, not ' more than one hundred twenty (120) days nor less than sixty (60) days before expiration of the cur- rent facilities lease, file an application with, the City for renewal of its facilities lease which shall in - elude the following: (a) The information required pursuant to PAMC 11.14.020C; (b) Any information required pursuant to the facilities lease agreement between the City and the lessee; c All deposits or charges and application fees required pursuant to this Chapter.. 12. Renewal Determination. Within sixty (60) days after receiving'a complete application for renewal, the City shall issue "a written determination granting or denying the renewal application in whole or in part. If the renewal application is denied, the written determination shall include the reasons for denial. The decision to grant or deny an application for the renewal of a facilities lease shall, in addition to the standards set forth in PAMC 11.14.020C2, be based upon the following additional standards: (a) The continuing capacity of the city property to accommodate_the applicant's existing facili- ties. Metropolitan Communications Consultants 1/5/2001 B Telecommunications Ordinance page 24, Chapter lease agreement. (b) The applicant's compliance with the requirements of this and the (c) ', Applicable federal, state and local telecommunications laws, rules and policies. ' 13. Obligation to Cure as a Condition of Renewal. No facilities lease shall be renewed until any ongo- ing violations or defaults in the lessee's performance of the lease agreement, or of the requirements of this Chapter, have been cured, or a plan detailing the corrective action to be taken by the lessee has been approved by the City. D. Appeal of City Determination ' Any person aggrieved by the granting or denying of a right-of-way license, master permit, facility lease, use permit or the renewals thereof pursuant to this Chapter shall have the right to appeal to the Council ' as follows: (a) All; appeals filed pursuant to this Subsection must be filed in writing withthe Director within ten (10) working days of the date of the decision appealed from. (b) All appeals filed pursuant to this Subsection hall specify the alleged error, of law or fact, or new evidence which could not have been reasonably available at the time of the Director's decision, which shall constitute the basis of Lthe appeal. (c) Upon receipt of a timely written notice of appeal, the Director shall advise the Council of the 'pendency of the appeal and request that a date for considering the appeal be established. d The Council shall have .the option of `directing that the appeal be heard before the hearing O examiner who shall forward a recommendation to the Council, which shall take final' action' ' on the appeal. Referral to the hearing' examiner may be made by motion approved, by a ma- jority of the Council members present at the time of voting; (e) L Allrelevant evidence shall be received during the hearing on the appeal. L Unless substantial relevant information is presented which was not considered by the direr- ' tor, such decision shall be accorded substantial weight, but may be reversed or modified by the Council if, after considering all of the evidence in light of the applicable goals, policies and provisions of this Chapter, the Council determines that a mistake has , been:; made. Where substantial new relevant informatioLL n which: was not considere& in the making of the ' decision appealedL from has been presented, the Council shall make its decision only upon the basis of the facts presented at the hearing of the, appeal, or may elect to remand the mat- ter for reconsideration by the Director in light of the additional information. 'L (g)For,all appeals decided pursuant to this Subsection, the City shall provide a record that shall' consist of written findings and conclusions and a taped or written transcript. (h) A service provider adversely affected by the final action of the City denying a master permit, ' or by an unreasonable failure to act on a master permit according to the procedures estaNr, fished by the City, may commence an action within thirty (30) days of the decision or the ex piration of the reconsideration period, whichever is later, with a court having jurisdiction over such action. Any action against the City for deniai of a master permit or unreasonable ' failure to act on a master permit shall be. limited to injunctive relief. (i) No action to obtain judicial review shall be commenced unless all rights of appeal provided by this Subsection are fully exhausted. The cost of transcription of all records ordered certi- fied by the, court for such review shall be borne by the party seeking such review. A copy of each transcript prepared by such party shall be submitted to the City for confirmation of its ' accuracy. Section 11.14.030L. Fees and, Compensation A.9L Payment of Fees and Compensation to'the City. Metropolitan Communications Consultants 1/5/2001 B. Telecommunications Ordinance page 25 , B. Right -of -Way License Master Permit orFacilities Lease - Application and Review Fee. C. Right -of -Way Construction or Use Permit Fee. D. Compensation for Use of Rights -of -Way. ' E. Compensation for City Property Occupancy and Use and Facility Leases. F. Telecommunications System Grantee's Costs. ' G. General Rules for Payment of Fees and Compensation. H. ` Regulatory Fees and Compensation Not a Tax. A. Payment of Fees and Compensation to the City. It is a significant purpose of this Chapter to ensure that the City, as far as possible, is compensated for the rights granted and receives fair and reasonable value for use of public rights-of-way and City property_ ' over which it exercises control, or which is held in public trust and is compensated for expenses arising from the use of those public rights-of-way and City property. The fact that a fee is paid on one type of service provided over a telecommunications system, does ' not excuse a carrier, operator or provider from its duty to pay fees on other services provided over that facility as required by this Chapter. ' A B. Right -of -Way License, Master Permit or Facilities Lease - Application and Review Fee. The application shall be accompanied by the necessary application fee as set forth in Chapter 3.70 PAMC. C. Use Permit Fee. Prior to actual construction, every applicant for a right-of-way license or master permit shall obtain a right-of-way use permit and pay the use permit fees pursuant to Chapter 3.70 PAMC. , D. Compensation for Use of Rights -of -Way. ' RCW 35.21.860 currently prohibits a municipal franchise fee for permission to use the right of way from any person engaged in the "telephone business," as defined in RCW 82.04.065. The City reserves the right to impose and receive a master permit fee of a percentage, up to the maximum allowed by law, of the ' grantee's gross receipts from, its business activities in the City if this statutory prohibition is repealed, or for other telecommunications activities not covered by the statutory prohibition. The master permit fee shall be compensation for use of the rights-of-way and shall not be applied as credit towards occupa- tional fees or taxes required under PAMC 11.14.010C and Title 5 PAMC E. Compensation for City Property Occupancy and Use and Facility Leases. ' Each facilities lease granted under this Chapter or a lease for use and occupancy of a specific site in the right-of-way is subject to the City's right, which is expressly reserved, to fix a fair and reasonable com- pensation to be paid for the rights granted to the lessee; provided, nothing in this Chapter shall prohibit ' the City and a lessee from agreeing to the compensation to be paid. Notwithstanding any other provi- sion in this Chapter, any charges for use and occupancy of a specific site in the right-of-way pursuant to an agreement between the City and a service provider of personal wireless services shall be in accor- dance with RCW § 35.21.860(1)(e). The compensation for a facilities lease shall be based on the area of the property leased and:a rate determined by >a professional appraiser approved by both the City -and the applicant. The applicant shall pay the cost of the appraisal. Pole attachment and conduit, vault and other City infrastructure usage fees shall be the current amounts as required by Chapter 13.14 PAMC. Metropolitan Communications Consultants 1/5/2001 r _ B. Telecommunications Ordinance page 27' ' tors, providers, their customers or subscribers, or on account of the lease, sale, delivery or transmission of telecommunications services. Compensation for use of the rights=of--way, if shown on applicant's customer bills,. shall be identified as such and shall not be shown as, or combined with other taxes. ' Section 11.14.040 - Conditions of Licenses, Master Permits and leases A. Purpose. B. Rules and Regulations of the City. C. Acceptance. D. Safety Requirements. E. Insurance. F. ` General Indemnification. ' G. Cash Deposit/ Performance Bond. H. Tree Trimming. I. Location of Facilities. ' J., Interference with City Property and the Public Ways. K. Damage to Property. ' L. _ _ Damage to Facilities. M.- Maintenance of Facilities. N. Abandonment of Facilities. ' 0. Emergency Removal or Relocation of Facilities. P. Relocation' or Removal of Facilities. Q. Removal of Unauthorized Facilities. ' R. Failure to Remove or Relocate. S. Duty to Provide Information. ' T. Facilities Maps. U. Assignments or Transfers of Grant. V. Transactions Affecting Control of Grant. W. Revocation or Termination of Grant. X. Notice and Duty to Cure. ' Y Hearing. Z. Standards for Revocation or Lesser Sanctions. AA. ' Incorporation by Reference. A. Purpose. A'significant purpose of this Chapter is to set forth certain terms and conditions which are common to all , right-of-way licenses, master, permits, and facilities leases. Except as otherwise provided.'in this Chapter or in such a right-of-way license, master, permit or facilities lease, the provisions of this Chapter apply to all such right-of-way licenses, master permits and facilities leases approved or granted by the City. B. Rules and Regulations of the City. 1. All grantees are required to provide copies of any applicable certificates that authorize the grantee 1 to provide telecommunications services as maybe required by federal or state law. " 2; All grantees are required to cooperate with the City and with each other. ' Metropolitan Communications Consultants 1!5%2001 B. Telecommunications Ordinance page 29 million dollars($5,000,000.00)for all other es of liability.' (c) Five types 2. Automobile liability for owned, non -owned and hired vehicles with a limit of three million dollars ($3,000,000.00) for each person and three million dollars ($3,000,000.00) for each accident. ' 3. Worker's compensation within statutory limits and employer's liability insurance with limits of not less than one million dollars ($1,000,000.00). 4. Comprehensive form -operations, explosions and collapse hazard, underground hazard ' premises and products completed hazard with limits of not less than three million dollars ($3,000,000.00). 5. The liability insurance policies required by this Subsection shall be maintained by the grantee throughout the term of the license, master permit, or lease, and such other period of time during ' which the grantee is operating without a license, master permit, or lease hereunder, or is engaged in the removal of its telecommunications facilities. Each such insurance policy shall contain the following endorsement: ' "It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until ninety (90) days after receipt by the City, by registered mail, of a writ- ten notice addressed to the Director of such intent to cancel or not to renew." ' 6. Within sixty (60) days after receipt by the City of said notice, and in no event later than thirty (30) days prior to said cancellation or intent not to renew, the grantee shall obtain and furnish to the City replacement insurance policies meeting the requirements of this Subsection. , F. General Indemnification. No license, master permit or lease shall be deemed to be granted under this Chapter unless it includes an ' indemnity clause substantially conforming to the following: "The grantee hereby releases, covenants not to bring suit, and agrees to indemnify, defend and hold harmless the City, its officers, employees, agents and representatives from any and all ' claims, costs, judgments, awards or liability to any person, including claims by the grantee's own employees to which the grantee might otherwise be immune under Title 51 RCW, arising from in- jury or death of any person or damage to property, of which the negligent acts or omissions of the ' grantee, its agents, servants, officers or employees in performing under this license, master permit, or lease are the proximate cause. The grantee further releases, covenants not to bring suit, and agrees to indemnify, defend, ' and hold harmless the City, its officers and employees from any and all claims, costs, judgments, awards or liability to any person including claims by the grantee's own employees, including those claims to which the grantee might otherwise have immunity under Title 51 RCW, arising against , the City solely by virtue of the City's ownership or control of the rights-of-way or other public properties, by virtue of the grantee's exercise of the rights granted herein, or by virtue of the City's permitting the grantee's use of the City's rights-of-way or other public property, based upon the City's inspection or lack of inspection of work performed by the grantee, its agents and servants, of- , ficers or employees in connection with work authorized on the City's property or property over which the City has control, pursuant to this license, master permit, or lease or pursuant to any other permit or approval issued in connection with this license, master permit, or lease. , This covenant of indemnification shall include, but not be limited by this reference, claims against the City arising as a result of the negligent acts or omissions of the grantee, its agents, ser- vants, officers or employees in barricading, instituting trench safety systems, or providing other , adequate warnings of any excavation, construction or work in any public right-of-way or other public place in performance of work or services permitted under this license, master permit, or lease". Inspection or acceptance by the City of any work performed by the grantee at the time of comple- Metropolitan Communications Consultants 1/5/2001 B. Telecommunications Ordinance page 30 ' tion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which ' may be compromised prior to the culmination or the institution of any litigation. In the event the grantee refuses the tender of defense in any suit or any claim; said tender having been made pursuant to the indemnification clauses contained herein, and said refusal is subsequently de- termined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of the grantee, then the grantee shall a all of the` ' pay City's costs for defense of the action, including all reasonable expert witness fees and reasonable attor- neys' fees and the reasonable costs of the City of recovering under this indemnification clause. ' The provisions of this Subsection shall survive the expiration or termination of this license, master permit, or lease agreement. Notwithstanding any other provisions of this Subsection, the grantee as- sumes the risk of damage to its facilities located in the City's public ways, rights-of-way and easements ' from activities conducted by the City, its officers, agents, employees and 'contractors. The grantee re -- leases and waives any and all claims against the City, its officers, agents, employees or contractors for` damage to or destruction of the grantee's facilities caused by or arising out of activities conducted by the ' City, its officers, agents, employees and contractors, in: the public ways, rights-of-way and easements subject to this license, master permit or lease, except to the extent any such damage or destruction is caused by or arises from the negligence or willful conduct on the part of the City, its officers, agents, em- ployees or contractors: The grantee further agrees to indemnify, hold harmless, and defend the City against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of the grantee's facilities as the result of any interruption of service due to damage or de- struction of the user's facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors, except to the extent any such damage or destruction caused by: or aril ing from the negligence or willful conduct on the part of the City, its officers, agents, employees or con ' tractors, to the extent allowed by law. G. Cash Deposit/Performance Bond. Every grantee shall be required to provide a cash deposit or performance bond to ensure the faithful per- formance of its responsibilities in accordance with the requirements of Chapter 11.08 PAMC, It Tree Trimming. Upon ten (10) days' written notice provided to the Director, except in an emergency of imminent danger ' to persons or property, the grantee may trim trees or other vegetation owned by the City or encroaching upon the public right-of-way to prevent their branches or leaves from touching or otherwise interfering with its wires. All trimming or pruning shall be at the sole cost of the grantee. The grantee' may contract for said trimming or pruning services with any person approved by the City prior to the rendering of said services. ' I. Location of Facilities. All facilities shall be constructed, installed, and located in accordance with the following terms and con- ditions, unless otherwise specified in a license, master permit, or facilities lease: ' 1. , Wherever a grantee has existing underground duct or conduit with capacity available,` grantee shall install its telecommunications facilities within such underground duct or conduit. 2. A grantee with permission to install overhead facilities shall install its telecommunications facilities on pole attachments to existing utility poles only and then only if surplus space is available. 3. Whenever' any existing electric utilities or telecommunications facilities are located underground within a public way of the City, a grantee with permission to occupy the same public way must also Metropolitan Communications Consultants 1/5/2001- B. Telecommunications Ordinance page 31 facilities ' locate its telecommunications underground. 4. Whenever any new or existing electric utilities and/or telecommunications facilities are located or relocated underground within a public way of the City, a grantee that currently occupies the same ' public way shall, at its own expense, relocate its facilities underground. Absent extraordinary cir- cumstances; or undue hardship as determined by the Director, such relocation shall be made con- currently to minimize the disruption of the public ways. No extension granted by the Director un- der this Subsection shall exceed a period of twelve (12) months. The Director may waive the requirements for location of facilities under this Subsection, if the grantee demonstrates to the Director's satisfaction that such location requirements are commercially un- reasonable or if provisions of the grantee's tariff filed with the Washington Utilities and Transportation ' Commission otherwise control. J Interference with City Property and the Public Ways. No grantee may locate or maintain its telecommunications facilities to unreasonably interfere with the use of City property or the public ways by the City, by the general public or by other persons authorized to use or be present in or upon the City property and public ways. Unreasonable interference includes , disruption to vehicular or pedestrian traffic on City property or the public ways, interference with other City utilities, and such other activities that will present a hazard to public health, safety or welfare when alternative methods of construction would result in less disruption. All such facilities shall be moved by , the grantee, at the grantee's cost, temporarily or permanently, as determined by the Director unless pro- visions of the grantee's tariff filed with the Washington Utilities and Transportation Commission other- wise control. If any grantee's tariff or if a.change in the state law alters the responsibility for payment of relocation costs, then all grantees shall comply therewith. K Damage to Property. ' No grantee nor any person acting on a grantee's behalf shall take any action or permit any action to be done which may impair or damage any City property, public ways of the City, other ways or other prop- erty, whether publicly or privately owned, located in, on or adjacent thereto. ' L. Damage to Facilities. Unless directly and proximately caused by the willful, intentional, grossly negligent or malicious acts by the City, the City shall not be liable for any damage to or loss of any telecommunications facility upon City property or within the public ways of the City as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling or work of any kind on such City prop- , erty or within the public ways by or on behalf of the City. , M. Maintenance of Facilities. Each grantee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements. ' N. Abandonment of Facilities. 1. If the grantee abandons use of its cable, ducts or other facilities authorized under a license, master , permit, or lease, then the facilities shall be removed from the public ways or City property. to the satisfaction of the City at the grantee's cost. In lieu of removal the City may permit the,improve- ments to be abandoned in place in such a manner as the City may prescribe. Upon permanent abandonment, the grantee shall submit to the City a proposal and instruments for transferring ownership to the City. 2 Upon revocation or termination of a license, master permit or lease, grantee shall to the satisfaction ' Metropolitan Communications Consultants 1/5/2001 B. Telecommunications Ordinance page 33 3. If the facility was installed ' system or constructed or without prior grant of a license, masterp ermit or lease, unless said system or facility was constructed or installed prior to the effective date of this Chapter. 4. If the system or facility was constructed or installed without prior issuance of a required construc- tion permit or use permit. 5. If the system or facility was constructed or installed at a location not permitted by the grantee's h- ' cense, master permit, or lease. The City may, in its sole discretion, allow a grantee, or other such persons who may own, control or maintain telecommunications facilities within the public ways or City property to abandon such facilities in place. No facilities of any type may be abandoned in place without the express written consent of the City. Any plan for abandonment or removal of a grantee's facilities must be first approved by the Direc- tor, and all necessary permits must be obtained prior to such work. , Upon permanent abandonment of the property of such persons in place, the property shall become that of the City, and such persons shall submit to the Director an instrument in writing, to be approved by the City attorney, transferring to the City the ownership of such property. The provisions of this Subsection shall survive the expiration, revocation, or termination of a license, master permit or lease granted under this Chapter or under any other City approval. , R Failure to Remove or Relocate. If a grantee is required to remove, relocate, change or alter the telecommunications facilities constructed, operated and/or maintained hereunder and fails to do so, the City may cause such to occur and charge ' the grantee for the costs incurred. S. Duty to Provide Information. ' Within thirty (30) days of a written request from the City, each grantee shall furnish the City with infor- mation sufficient to demonstrate: 1. That grantee has complied with all requirements of this Chapter. 2. That all sales, utility and/or telecommunications taxes due the City in connection with the tele- communications services and facilities provided by the grantee have been properly collected and paid by the grantee. ' 3. All books, records, maps and other documents, maintained by the grantee for its facilities within the public ways shall be made available for inspection by the City at reasonable times and intervals. Nothing in this Subsection shall be construed to require a grantee to violate state or federal law re- ' garding subscriber privacy, nor be construed to require a grantee to disclose proprietary or confidential information without adequate safeguards for its confidential or proprietary, nature or unless required by State law. , T. Facilities Maps. Upon request from the City to provide sufficient information for coordination of otherconstruction, , grantee shall provide the City with copies of its construction plans. If the construction plans do not con- form with the City's guidelines for communications facility installations, or where the grantee's actual construction deviates materially from its submitted construction plans, as reasonably determined by the ' City, the grantee shall provide the City with additional maps, including "as built" maps, showing the lo- cation and design attributes of its telecommunications facilities within the public rights-of-way. The City may use or disclose such information only as allowed bylaw. ' U. Assignments or Transfers of Grant. Metropolitan Communications Consultants 1/5!2001' B. Telecommunications Ordinance page 34 Working control of a right-of-way license, master permit or lease may not, directly or indirectly, be trans (erred, assigned or disposed of by sale, lease, merger, consolidation or 'other act of the grantee, by`opera- tion of law or otherwise, without the prior written consent of the City, which consent shall not be unrea- sonably withheld or delayed, except as expressed by ordinance and then only on such reasonable condi- tions as may be prescribed therein. 1. The grantee and the proposed assignee or transferee of the grant or system shall provide and certify the following information to the City not less than forty-five (45) days prior to the proposed date of transfer: ' (a) Complete information on the nature, terms and condition of the proposed transfer or as- signment. (b) All information required of a license, master permit or lease applicant pursuant to .PAMC ' 11.14.020 with respect to the proposed transferee or assignee. (c) All deposits or charges and application fees required pursuant to this Chapter. 2. Unless otherwise provided in a license, master permit or lease, the grantee shall reimburse the City ' for all direct and indirect costs and expenses reasonably incurred by the City in considering a re- quest to transfer or assign a license, master permit or lease. No assignment or transfer shall be deemed approved until all such costs and expenses have been paid. ' 3. Any transfer or assignment of a license, master permit or lease without prior written approval of the City under this Subsection or pursuant to a license, master, permit or lease agreement shall be,. void and is cause for revocation of the grant. ' V. Transactions Affecting Control of Grant. Any transactions which singularly or collectively result in a change of working control of the grantee, of the working control of a telecommunications system, shall be considered an assignment or transfer re- quiring City equiring,City approval pursuant to PAMC 11.14020. Transactions between affiliated entities are not ex empt from City approval unless said affiliated entities are named in the initial application. ' A grantee shall within ten (10) calendar days notify the City prior to any proposed change in trans- fer of, or acquisition by any other party of control of a grantee's company. Every change, transfer, or ac quisition of control of a grantee's company shall cause a review of the proposed transfer. In the event the ' City adopts a resolution denying its consent and such change, transfer or acquisition of control has been effected, the City may cancel the license, master permit or lease. Approval shall not be required for mort gaging purposes or if said transfer is from a grantee to another person or entity controlling, controlled by, or under common control with a grantee. W. Revocation or Termination of Grant. ' A license, master permit, or lease granted by the City to use or occupy public ways or City property may be revoked for the following reasons: 1. Construction or operation in the public ways or City property without a license, master permit, or ' lease grant of authorization. 2. Construction or operation at an unauthorized location. 3. Any interconnection with the telecommunications facilities of other telecommunications carriers, ' operators and providers that are not properly licensed or permitted by the City is prohibited and such an unauthorized interconnection may be cause for the City to revoke or, terminate the grantee's right-of-way license, master permit, or lease. 4. Unauthorized substantial transfer of control of grantee. 5. Unauthorized assignment of a license, franchise, master permit, or lease. 6.' Unauthorized sale, assignment or transfer of a grantee's license, master permit, or lease, assets, or a Metropolitan Communications Consultants 1/512001 1 B. Telecommunications Ordinance page 35 substantial interest therein. 7. Misrepresentation by or on behalf of a grantee in any application or written or oral statement upon which the City relies in making the decision to grant, review or amend any license, master permit, ; or lease pursuant to this Chapter. a 8. Abandonment of telecommunications facilities in the public ways or upon City property. 9. Failure to relocate or remove facilities as required in this Chapter. 10. Failure to pay taxes, compensation, fees or costs when and as due the,City. 11. Insolvency or bankruptcy of the grantee. 12. Violation of any material provision of this Chapter. 13. Violation of the material terms of a license, master permit, or lease agreement. 14. Violation of any state or federal law relating#o use: of public rights-of-way by service providers. 15. Violation of any applicable state or federal safety laws and standards. 16. Violation of any applicable City ordinances, construction codes, regulations or standards. 17. Failure to cooperate with the City to ensure that facilities are installed, maintained, repaired and , removed within the, right-of-way in such a manner and at such points so as to not inconvenience . the. public use of the right-of-way or. to adversely affect the public health, safety and welfare. 18. Failure to 'obtain > a required use permit or right-of-way construction permit before constructing, in- stalling, maintaining, repairing or removing identified facilities. X Notice and Duty to Cure. 1 In, the event that the Director believes that grounds exist for revocation of a license, master permit or, lease, he or she shall give the grantee written notice of the apparent violation or noncompliance, provid- ing a short and concise statement of the nature and general facts of the violation or noncompliance, and t providing the grantee a reasonable period of time not exceeding thirty (30) days to furnish evidence: 1. That corrective action has been, or is being actively and expeditiously pursued, to remedy the viola- tion or noncompliance. 2. That rebuts the alleged violation or noncompliance.'. 3. That it would be in the public interest to impose some penalty or sanction less than revocation. Y. Hearing. In the event that a grantee fails to provide evidence reasonably satisfactory to the Director as provided in ' TAMC 11.14.040X, the Director shall refer the apparent violation or non-compliance to the Council for action to revoke in accordance with the provisions of PAMC 11.14.040Z. The Council shall provide the grantee with notice and a reasonable opportunity_ to be heard concerning the matter., ' Z. Standards for Revocation or Lesser Sanctions. If the Council determines that a grantee willfully violated or failed to comply with any of the provisions of this Chapter or a license, franchise or lease granted under this Chapter, or through willful misconduct or gross; negligence failed to heed or comply with any notice given the grantee by the City under the provisions of this Chapter, then the grantee shall, at the election of the Council, forfeit all rights conferred hereunder and the license,. master permit, or lease may be revoked or annulled by the Council. The Council may elect, in lieu of the above and without any prejudice to any of its other, legal rights and remedies, to pursue other remedies, including obtaining an order from the superior court having juris- diction compelling the grantee to comply with the provisions of this Chapter and any license, master ' permit, or lease granted hereunder, and to recover damages and costs incurred by the City by reason of the grantee's failure to comply. The Council shall utilize the following factors in analyzing the nature, Metropolitan Communications Consultants 1/5/2001 B. Telecommunications Ordinance page 36 ' and in its determination: circumstances, extent and gravity of the violation snaking 1. Whether the misconduct was egregious. 2. Whether substantial harm resulted. 3. Whether the violation was intentional: 4. Whether there is a history of prior violations of the same or other requirements. 5. Whether there is,a history of overall compliance. 6. Whether the violation was voluntarily disclosed, admitted or cured. ' AA. incorporation q c oration b Reference. The provisions of this Chapter shall be incorporated by reference in any license, master permit or lease ' approved hereunder. The provisions of any proposal submitted and accepted by the City shall be incor- porated by reference I in the applicable license, master permit, or lease. In the event of any conflict be- tween the proposal, this Chapter, and the license, master permit, or lease, the license, master permit or lease shall be the prevailing document. Section 11.14.050 - Enforcement A. Police Power. B. City Remedies. C. Other Remedies. D. ` No Waiver. A. Police Power. In accepting any license, master permit or lease, the grantee acknowledges that its rights hereunder are subject to the legitimate rights of the police power of the City to adopt and enforce general ordinances to ' necessary to protect the safety and welfare of the public and it agrees comply with all applicable gen- eral laws enacted by the City pursuant to such power. B. City Remedies. The Citymay seek legal or equitable relief to enjoin any acts or practices and abate any condition, which constitutes or will constitute a violation of the applicable provisions of this Chapter. Violation of the t terms of this Chapter may also result in the revocation of any license, master permit or lease, approval, or other permit issued or granted hereunder. C. Other Remedies. Nothing in this Chapter shall be construed as limiting any judicial remedies that the City may have, at law or inequity, for enforcement of this Chapter. D. No Waiver. t The failure of the City to enforce any provision of this Chapter on any occasion shall not operate as a waiver or estoppel of this right to enforce any provision of this Chapter on any other occasion, nor shall the failure to enforce any prior ordinance affecting telecommunications facilities or telecommunications system grantees act as a waiver or estoppel against application of this Chapter or any other provision of applicable law. Metropolitan Communications Consultants 1/5/2001 B. Telecommunications Ordinance page 37 Section 2. Severability. If any section, sentence, or phrase of this chapter is held to be inva- lid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence or phrase of this chapter.. Section 3. Effective Date. This ordinance shall take effect five days following the date of its ' publication in the official newspaper of the City. , PASSED by the City Council of the City of Port Angeles at a regular meeting this -- of -------, 2001. Larry Doyle, Mayor ' ATTEST: Becky F. Upton, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney Date Published , t Metropolitan Communications Consultants 1/5/2001 B. Telecommunications Ordinance page 38 2. Master Permit Approval Procedure, Draft 3 ' TELECOMMUNICATIONS MASTER PERMIT APPROVAL PROCEDURE What is a telecommunications master permit? ' - The City is currently developing comprehensive telecommunications ordinances.Prior to adoption of new ordinances, the City can grant a person, public or private utility or entity authority to use the City's rights-of-way or utility poles on an interim basis for the purpose of providing telecommunications service. After the comprehensive telecommunications ordinance is adopted, applications will need to be updated within ninety (90) days. This will be required for a person, public or private utility or entity to obtain City authority to use rights-of-way or utility poles on a long-term basis for the purpose of 1 providing telecommunications service. A telecommunications master permit does not include cable television franchises. ' The Public Works and Utilities Department is responsible for telecommunications master permits on behalf of the City of Port Angeles. The first step in the process is for the applicant to submit complete information to the City outlining the nature of the business and proposed facilities in the rights-of-way. A complete description of the minimum information required is attached as Exhibit A. Upon receiving the information, City staff will set up'a preliminary' meeting. The preliminary meeting is an opportunity for both the City and the applicant to gather additional information. What is a right-of-way construction permit?`; Once the City grants an interim master permit, the applicant must comply with the City's right-of- way construction permit requirements prior to construction of any facilities. A ROW construction permits specific facilities to be constructed in a`specific location. -` A ROW construction permit cannot be granted prior to obtaining a telecommunications master permit: Chapters 11 and 13 of the City Code detail construction standards and should be reviewed. ' Fee - If, after the preliminary meeting, the applicant decides to pursue a telecommunications master permit, a fee of one-half of one percent (0.5%) of the estimated cost of applicant's proposed facilities, as certified by the applicant, is required to cover the City's administrative costs connected with the issuance of a master permit. The minimum fee shall be $500. The maximum fee shall be $5,000. ' Timeline A telecommunications master permit can be obtained within 120 days of submitting a complete application. Once approved by the Public Works and Utilities Department, the telecommunications master permit ' goes to the Utility Advisory Committee for their recommendation to City Council the to the Port Angeles City Council for a first reading. - After another two weeks, the telecommunications master permit goes to the Council for a second reading. Assuming passage by Council, the telecommunications master permit becomes effectiveimmediately. Sample Permit A sample telecommunications master permit is available upon request. The City Charter and City Code require many of the provisions. Applicants are asked to read through a sample permit prior to the preliminary meeting. i Metropolitan Communications Consultants 1/5/2001 B. Telecommunications Ordinance page 39 4. Master Permit Approval Procedure, Draft 3 (continued) EXHIBIT A TELECOMMUNICATIONS MASTER PERMIT APPLICATION REQUIREMENTS , Overview The information requested below is the first step in the process of acquiring a telecommunications master permit with the City of Port Angeles. Upon receiving your complete application, we will contact you to arrange a preliminary meeting between your representatives and Citystaff. The meeting will be an op- portunity for both parties to get further information. ' Minimum Application Contents Please provide the following information on company letterhead and send to the following address prior to the preliminary meeting: Glenn Cutler Director of Public Works and Utilities City of Port Angeles ` P.O. Box.1150 Port Angeles, WA 98362 A. The identity of the applicant and the persons who exercise working control over the applicant. B. A description of the telecommunications services that are or will be offered or provided by the appli- cant over its telecommunications facilities. C. Whether the applicant intends to provide cable service, open video service or other video program- ming service, and sufficient information to determine whether such service is subject to cable fran- chising, in which case the provisions of the City's Cable TV Ordinance as amended shall also apply. D. Engineering plans, specifications and a network map provided of existing and proposed facilities within the City, all in sufficient detail to identify: 1. The location and route requested for applicant's proposed facilities. 2. ` The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate. 3. The location(s), if any, for interconnection with the telecommunications facilities of other tele- communications carriers, operators and providers. 4. A description of the transmission medium that will be used by the applicant to offer or provide such telecommunications services. 5. A description of the City's existing available facilities, such as utility poles, conduits, vaults, etc. that the applicant proposes to use to provide such telecommunications services. 6. If applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its telecommunications facilities on existing utility poles along the proposed route. 7. If applicant is proposing to install overhead facilities, field survey of pole line and engineering ' calculations provided. 8. If applicant is proposing an underground installation in existing ducts or conduits within the public' ways, evidence that surplus space is available for locating its telecommunications facilities in such existing ducts or conduits along the proposed route. 9. A preliminary construction schedule and completion date: Metropolitan Communications Consultants 1/5/2001 B. Telecommunications Ordinance page 40 10. Information establishing the applicant has obtained all other governmental approvals (FCC, UTC), permits, and facilities leases, to construct the facilities. E. Telecommunications master permit application fee (one-half of one percent (0.5%) of the construction` cost estimate). 1. Telecommunications facilities construction cost estimate $-------------- ' 2. Telecommunications master permit application fee (min. $500, max. $5,000) $ =----------- F; Applicant acceptance, bond, insurance, security fund 1. Applicant provided written acceptance and indemnification within 30 days of telecommunica- 'tions master permit ordinance adoption by City Council. ' 2. Construction performance bond provided within30days of telecommunications master permit ordinance adoption by City Council 3. Certificate of insurance provided within 30 days of telecommunications master permit ordinance' i4. adoption by City Council Security fund provided within 30 "days of telecommunications master permit ordinance adoption by City Council Questions? Q _ If you have any questions about the application or process, please call the Public Works and Utilities De- partment at (360) 417-4801. Metropolitan Communications Consultants 1/5/2001 B. Telecommunications Ordinance page 41 3. Interim Master Permit, Draft 3 Sections ' Section 1. Scope Of City Consent Section 2. Authority Not Exclusive Section 3. Fees And Compensation ' Section 4. Construction Of The Telecommunication System Section 5. Tree Trimming Section 6. Reports Section 7. Indemnity And Insurance Section 8. Grantee Default And Remedies Section 9. Compliance With Laws; Severability ' Section 10. Taxes, Permit And Other Fees Section 11. Sale Or Transfer Section 12. Service Of Notice Section 13. Force Majeure Section 14. Construction And Jurisdiction Section 15. Effective Date ORDINANCE NO. --------- AN ORDINANCE of the City of Port Angeles, Washington, grant- ing municipal consent to -------------------, in the form of an interim frau- chise for the purpose of constructing, maintaining, operating and using a telecommunications system in public streets, alleys and rights-of-way in the City of Port Angeles to provide telecommunications service; providing for general and administrative provisions; providing fees and compensation for the privileges conferred under this franchise; providing conditions of li- censes, franchises and leases; providing for enforcement of franchise provi- sions providing for written acceptance of the terms of this franchise; and , providing for an effective date. WHEREAS, the City, pursuant to federal law; state statutes, and local ordinances, is authorized to consent to one or more non-exclusive franchises to construct, operate, and maintain a Telecommunica- tion System in the Public Rights-of-way within the municipal boundaries of the City as designated in Ex- hibit "All ll ("City Area"); and WHEREAS, __ --------("Grantee") has requested municipal consent from,the City to pro- vide telecommunications services; and WHEREAS, the City is preparing its Telecommunications Ordinance, Chapter 11.14 PAMC, the contents of which are will govern Master Permits in generally the same manner as the provisions con- tained herein; and WHEREAS, this agreement shall be valid in the interim until the City's Telecommunications Or- ' dinance is adopted, whereupon this agreement shall become null and void, to be superseded by the pro- visions of the City's adopted Telecommunications Ordinance; WHEREAS, as applicable, the definitions of all words not defined herein shall be as used in the Port Angeles Municipal Code: Chapter 11.14 Telecommunications; Chapter 3..70 Revenues and Fees. Chapter 5.04 Licensing; Chapter 5.80 Taxation; Chapter 11.08 Construction or Excavation Work Within Rights -of -Way, Chapter 11.12 Right -of -Way Use; Chapter 13.14, Pole Attachments; and Chapter 17.52 , Metropolitan Communications Consultants 1/5/2001 B. Telecommunications Ordinance page 43 be licensed tem equipment must properly under the.State of -Washington laws and all local ordi- nances. 4.6 Inspections. The Grantee shall permit the City to conduct inspections of construction or ' installation being performed to ensure compliance with the Telecommunications Ordinance. 4.7 Restoration of Property. At its own cost and expense, Grantee shall within ten (10) cal- endar days restore property on public or private lands disturbed by Grantee's activities, pursu- ant to the Telecommunications Ordinance 4.8 Removal or Relocation of Facilities. The Grantee shall remove or relocate Facilities as re- quired by the Telecommunications Ordinance. ' 4.9 Installations on City Property and Private Property. No cable line, wire, amplifier, con- verter, or other piece of equipment owned by the Grantee shall be installed by the Grantee on any City property or private property without first securing the written permission of the City or a grant of authority as required under this Chapter, or written permission of the Property owner and/or lawful occupant of any property involved. 4.10 City Use of Grantee's Facilities. In consideration of the rights and privileges hereby granted, the City shall have, and Grantee hereby grants to it, the right and privilege to suspend and maintain wires and necessary control boxes on poles placed by the Grantee in the streets, , and other places aforesaid, or if such wires are placed underground, to place and maintain in the pipes or conduits of the Grantee, if space therein is available, wires which City may require for electrical, water, wastewater, fire, police, or emergency services. All such wires must be placed on the poles or in conduits so as not to interfere with communications service and shall not carry currents or voltage dangerous to Grantee's plant or Grantee's users, and all installations, mainte- nance and repairs shall be subject to the rules, regulations and supervision of the Grantee. City agrees in consideration of establishing this serviceand furnishing such facilities, to hold Grantee entirely free and harmless from all claims and or liability for damage which may arise out of op- ' erating these wires and control boxes. Further, that where such facilities have been installed or maintained by the City and not solely by Grantee, the City agrees to hold the Grantee entirely free and harmless from all liability from any claims or damages to said City or unto third per- sons that may arise out of the negligent installation, maintenance, use or operation by the City of these special services. 4.11 Books and Records. The Grantee shall keep books and records as required by the Tele- ' communications Ordinance and in accordance with generally accepted accounting. principles. Section 5. Tree Trimming ' Upon ten days written notice, the Grantee may trim trees or other vegetation owned by the City or encroaching upon the Public Rights -of -Way to prevent their branches or leaves from touching or oth- erwise interfering with its wires. Similar notification: and permission shall be obtained by the Grantee to trim trees or other vegetation owned by parties other than the City. All trimming or pruning shall be at the sole cost of the Grantee. The Grantee may contract for said trimming or pruning services with the City or any person approved by the City prior to the rendering of said services. Section 6. Reports The Grantee shall make available to the City such information or reports, as required by the ' Telecommunications Ordinance. The Grantee shall allow the City to inspect any of the Grantee's facilities and equipment with sufficient notice as to not disrupt the operations of the Grantee. Metropolitan Communications Consultants 1/5/2001 B. Telecommunications Ordinance page 44 Section 7. Indemnity And Insurance The Grantee shall comply with applicable sections of the Telecommunication Ordinance govern- ing indemnity and insurance. Section8. Grantee Default And Remedies If Grantee fails to comply with or is in violation of the Ordinance or the Telecommunication Or- dinance Grantee will be subject to termination and remedies as provided for in Chapter 11.14.050 of the Telecommunications Ordinance. Section 9. Compliance With laws; Severability Notwithstanding any other provisions of the Ordinance to the contrary, the Grantee shall at all times comply with all applicable police powers and regulations of the City and all administrative agen- cies thereof. 9.1 If any provision of this Ordinance or any related ordinance is held by any court or by " any Federal, state, or county agency of competent jurisdiction to be invalid as conflicting with ' any Federal, state or county law, rule or regulation now or hereafter in effect, or is held by, such court or agency to be modified in any way in order to conform to the requirements of any such law, rule or regulation, said provision shall be considered as a separate, distinct and independent part of this or such other Ordinance, and such holding shall not affect the validity and enforce- ability of all other provisions hereof or thereof. In the event that such law, rule or regulation is subsequently repealed, rescinded,' amended or otherwise changed, so that the provision hereof or thereof which had been held invalid or modified is no longer in conflict with the law, rules. and regulations then in effect, said provision shall thereupon return to full force and effect and shall thereafter be binding on the parties hereto, provided that the City shall give the Grantee sixty (60) days written notice of such change before requiring compliance with said provision. t9.2 If the City determines that a material provision of this Ordinance or any related ordi- nance is affected by such action of a court of the Federal, state or county government, the City and Grantee shall have the right to modify any of the provision hereof or in such related ordi- nances to such reasonable extent as maybe necessary to carry out the full intent and purpose of " this Ordinance and all related ordinances. Section 10. Taxes, Permit And Other Fees Nothing contained in this Ordinance shall be construed to exempt the Grantee from any tax levy, permit fee or assessment, including but not limited to application, inspection, pole attachment, excava- tion impact, or tree trimming fees which are or may be hereafter lawfully imposed on all entities engaged " in the same business as the Grantee, or as are generally applicable in the City or State. Section11. Sale Or Transfer ' With respect to the sale or transfer of the Franchise or Telecommunication System, the Grantee shall comply with appropriate sections of the Telecommunications Ordinance. Section 12. Service Of Notice All notices required or permitted to be given to either party by, the other party under any provi- sions of this Ordinance shall be in writing and shall be deemed served: (a) When delivered by hand or by Federal Express or similar service to that party's address set forth, below during normal hours; or (b) When mailed to any other person designated by that party in writing herein to receive such notice, via certified mail, return receipt requested. 12.1 Notice shall be given to the following: 1 (a) If to the City: ---- - - --- Metropolitan Communications Consultants 115/2001 B. Telecommunications Ordinance page 45 b If to Grantee: -------- -=----------- Section 13. Force Majeure Any delay, preemption, or other failure to perform caused by factor beyond the parties' reason- able control, such as an act of God, unauthorized labor dispute, non-delivery by non-affiliated suppliers, war, riot, technical breakdown, or government administrative or judicial order or regulation, shall not re- sult in a. default of the Ordinance. Each party shall exercise its reasonable efforts to cure any such delays and cause thereof, and performance under the terms of this Ordinance shall be excused for the period of time during which such factor continues. Section 14. Construction And Jurisdiction In the event of any conflict between this Ordinance and the Telecommunications Ordinance, the Ordinance terms shall prevail and control. This Ordinance is made and performed in Clallam County, Washington and it shall be construed in accordance with laws in the State of Washington and the City. Any suit to enforce this Ordinance shall be brought inClallam County, Washington. Section 15. Effective Date This ordinance shall take effect five days following the date of its publication in the official news- , paper of the City. PASSED by the City Council of the City of Port Angeles at a regular meeting this --- of -------, ' 2001. Larry Doyle, Mayor ATTEST- ' City Beck F. U Ci _Clerk BeckyUpton, APPROVED AS TO FORM:— Craig D. Knutson, City Attorney Date Published Metropolitan Communications Consultants 1/5/2001 I I 11 11 IF I I e 71 i u J C. Pole Attachments 1. Chapter 13.14 Pole Attachment Ordinance, Draft 3 ORDINANCE NO. ------ AN ORDINANCE of the City of Port Angeles, Washington, re- lating to pole attachments within the City of Port Angeles, and adopting Chapter 13.14 of the Port Angeles Municipal Code. page 46 The City Council of the City of Port Angeles does hereby ordain as follows: Section 1. A new Chapter 13.14 of the Port Angeles Municipal Code is hereby adopted to read as fol- lows: CHAPTER 13.14 POLE ATTACHMENTS Sections: 13.14.010 General Provisions 13.14.020 Notification and Coordination. 13.14.030 Construction Requirements. 13.14.040 Pole Attachment Fees. 13.14.050 Indemnification and Hold Harmless. Section 13.14.010 - General Provisions. The purpose of this Chapter is to ensure the safe and efficient use of overhead lines on City -owned poles within the City's rights-of-way or public utility easements and to compensate the City for the use of the poles. This policy establishes provisions necessary to ensure compliance with: Chapter 11.14 Telecom- munications; Chapter 3.70 Revenues and Fees, Chapter 5.04 Licensing; Chapter 5.80 Taxation; Chapter 11.08 Construction or Excavation Work Within Rights -of -Way, Chapter 11.12 Right -of -Way Use; and Chapter 17.52 Wireless Communications Facilities, Washington Administrative Code (WAC) and the City's standard construction practices and specifications. This Chapter applies to all electric and telecommunication system entities that attach lines, equipment, or other devices to City -owned poles. For the purpose of definition, "joint pole users" shall mean all current or future entities with line, equipment or device attachments on a City -owned pole. This Chapter does not apply to parties whose agreements covering existing line, equipment or device at- tachments ttachments that precede the effective date of this Ordinance and which are non cancelable by the City. This Chapter will apply however, to new line, equipment or device attachments proposed after the effec- tive date of this Ordinance. 13.14.020 - Notification and Coordination. A. Notification required. Each joint pole user shall give prior written notification to the Director of Public Works and Utilities for each attachment project. The notification shall be given in a timely manner to allow for necessary engi- neering and coordination by all affected joint pole users. The joint pole user shall receive written authori- zation from the City before attaching to City -owned poles. Metropolitan Communications Consultants 1/512001 C. Pole Attachments page 47 B. Response to City notifications. Each joint pole user shall within ten (10) calendar days respond to City notifications related to, but not limited to, maintenance, relocation, rearrangement, violations or abandonment of joint pole installations. ' C Replacement or relocation of joint use poles. Whenever it is necessary to replace or relocate a joint -use pole, the City shall give notice thereof in writ- ing at least thirty (30) days prior to date on which it intends to change such pole (except in case of emer- gency, when verbal notice will be given and subsequently confirmed in writing) to the joint pole users. Each joint pole user shall relocate facilities to the new pole within sixty (60) days at the expense of the joint pole user as provided below. When circumstances warrant additional time to relocate, the director , may grant such additional time as is reasonable under the circumstances. 1. Relocation of poles requiring overhead lines to be relocated overhead. If such relocation is rea- sonably necessary for construction, alteration or improvement of the right-of-way for purposes of public , health, safety and welfare, as required by the City, grantees may not seek reimbursement for their reloca- tion expenses from the City unless otherwise provided for by law. In the event the relocation is requested by a private third -party, that third -party shall pay the cost of relocation. , 2. Relocation of facilities from overhead to underground. If such relocation is requested by the City when reasonably necessary for construction, alteration or improvement of the right-of-way for pur- poses of public welfare, health and safety, the grantee may not seek reimbursement for its relocation ex- penses from the City, unless otherwise provided by law. If requested by a private third -party, the third - ' party shall pay the cost of such relocation. 3. Discontinued use of poles. In the event of discontinued use of poles by the City, all joint pole users may be afforded an opportunity to purchase such poles at a fair market value, in accordance with ' City policy and state law. D. City's reserved rights. ' The City, as pole owner, may deny access if the attachment project will result in safety, reliability, gener- ally accepted engineering standards not being met, and where the City retains future use of structure. Nothing herein contained shall be construed to compel the City to maintain any of its poles for a period longer than is necessary for its own service requirements. In the event the City wishes to discontinue use of any such pole or poles and to remove, relocate and/or retire it or them, it shall send a written notice to that effect to the joint pole users and the joint pole users shall remove its attachments from such pole or poles within sixty (60) days after the sending of such notice, or within such shorter period of time as is ' required in case of emergency. E. Coordination. Sufficient coordination including submittal of project plans and exchange of information shall take place ' between joint pole users so that the attachment does not create a WAC violation or conflict. All joint us- ers shall promptly share design specifications for their infrastructure with others upon request. 13.14.030 - Construction Requirements. A. Construction Permit. 1. Use permit required. Joint pole users shall obtain a use permit in accordance with Chapter 11.08 , Construction or Excavation Work Within Rights -of -Way, PAMC. Upon completion of an attachment pro- ject, the modifying entity shall give written certification to the pole owner that the attachment project is complete and complies with the use permit. ' 2. Certification of designs. Unless excepted by the City, cabling and pole attachment designs, spe- cifically relating to pole strength and clearances considering all pole attachment uses per Washington Administrative Code (WAC) 296-44, shall be certified by a designer and approved by the City. , 3. Approval to proceed. When the application is satisfactory and approved, one (1) copy of the plans, map, sketches, and application will be returned to the applicant along with written approval to proceed. ' Metropolitan Communications Consultants 1/5/2001 r C. Pole Attachments page 48 r4. Completion certification. Upon completion of an attachment project, the modifying entity shall give written certification to the pole owner that the attachment project is complete and complies with the ' use permit B. Safety. Joint pole users, in accordance with applicable national, state and local safety requirements, shall at all times employ ordinary care and shall install and maintain and use commonly accepted methods and de- vices for preventing failures and accidents which are likely to cause damage, injury or nuisance to the public. Joint pole user's facilities in, over, under and upon the streets, sidewalks, alleys and public ways or places of a right-of-way license, master permit or lease area, wherever situated or located, shall at all ' times be kept and maintained in a safe, suitable condition, and in good order and repair. C. Violation of codes or standards. ' In any instance where the joint pole user's facilities are installed contrary to the Electrical Construction Code of the State of Washington or the City's standard practices and specifications, the joint pole user shall at its sole expense and within thirty (30) days following written notice from the City, change, im- prove, or renew its installed equipment in such manner as the City may direct. If violation of any condi- tions applicable to the said installation is observed, the City reserves the right to stop construction im- mediately, and correction of the violation will be made before any part of the construction is continued. D. Guys and anchors. ' The joint pole user shall, at its expense, install guys necessary to support the strain imposed on any pole by the installation of their facilities. When existing anchors are adequate in size and strength to support the equipment of all joint pole users, a joint pole user may attach its guys thereto. When anchors are not ' of adequate size and strength, the party requiring additional anchors shall, at its own expense install new anchors or request the owner to replace existing anchors with anchors adequate in size and strength.. E. Responsibility for costs. ' The joint pole user shall bear all costs involved in contacting any pole owned by the City. If it is neces- sary for the City to do any work on poles to provide contact space, this work will be done only as crews are available to do so in their regular work schedule. Any other schedule will have to be on overtime rate at the expense of the company requiring the work. F. Communications Space Available to Joint Pole Users. 1. Use of available space occupied by others. Where space is available and in compliance with the State of Washington Electrical Construction Code and Safety Code, joint pole users engaged in the telecommunications utility business may be allotted contact space in the area occupied by other joint pole users. 2. Conditions of use. All joint pole users shall operate and maintain their communications facilities in such a condition as to avoid conflict or interference with other joint pole users. Additions to or altera- tions by a joint pole user shall be coordinated with all joint pole users. A joint pole user may not limit the ' installation, alteration or maintenance of facilities of another joint pole user. Changes to communications facilities on a joint use pole shall be at the expense of the requesting party. G. Maintenance and Emergency Repairs. ' 1. Maintenance required. Each party shall at all times maintain all of its attachments, and perform any necessary tree -trimming or cutting incidental thereto, and shall keep them in safe conditions and in thorough repair. 2. Emergency work by City. In an emergency where it is necessary to clear lines and restore elec- tric power to the City's customers as the result of an accident, windstorm, earthslide, or other condition where power lines, poles, or other supporting structures are damaged, destroyed or, are in serious danger ' thereof, the City's employees may transfer the joint pole user's facilities to new or other poles, or do any other work required in connection with the joint pole user's equipment necessary to restore electric ser- vice to the City's customers. The joint pole user shall reimburse the City for all costs incurred in connec- tion with such emergency work done on the licensee's facilities. Metropolitan Communications Consultants 1/5/2001 r C. Pole Attachments page 49 13.14.040 - Pole Attachment Fees. A. Determination of fees. On or about July 1st of each year the City acting in cooperation with joint pole users, shall determine the total number of Grantee's pole contacts on City -owned poles as of the preceding day. The Grantee shall pay the City an annual rental fee covering the calendar year in which the count is made within thirty (30) days after the bill has been submitted. The Grantee may take credit against the annual rental fee payable to the City, the total number of City pole contacts on Grantee -owned poles as of the preceding day. The annual rental rate for each pole attachment shall be calculated as set forth in Chapter 3.70. The fee shall be paid within thirty (30) days after the bill has been submitted, and shall cover the calendar year in which the count is made. Applicable taxes are not included. 13.14.050 - Indemnification and Hold Harmless. The joint pole user shall defend, indemnify and hold harmless the City, its officers, officials, employees and volunteers from any and all claims, injuries, damages, losses or suits including attorney fees, arising or issuing out of the granting joint use of City poles under this Chapter, except as may be caused by the negligence or willful conduct on the part of the City of Port Angeles. Metropolitan Communications Consultants 1/5/2001 1 J J 11 C. Pole Attachments page 50 2. Interim Pole Attachment Agreement, Draft 3 ORDINANCE NO. -------- AN ORDINANCE of the City of Port Angeles, Washington, re- lating to pole attachments within the City of Port Angeles, adopting an interim pole attachment agreement, providing for general provisions; requirements for notification and coordination; construction require- ments; pole attachment fees; and indemnification and hold harmless provisions. The City Council of the City of Port Angeles does hereby ordain as follows: INTERIM POLE ATTACHMENT AGREEMENT THIS AGREEMENT, made and entered into this ------ day of ------------, 20-- by and be- tween the City of Port Angeles, a Washington Municipal Corporation, hereinafter the "City", and hereinafter "Grantee". WHEREAS, the Grantee proposes to attach lines, equipment, or other devices to City -owned poles within the City's rights-of-way or public utility easements; and WHEREAS, the City desires to ensure the safe and efficient use of overhead lines on City -owned poles within the City's rights-of-way or public utility easements and to ensure compliance with: Chapter 11.14 Telecommunications; Chapter 3.70 Revenues and Fees, Chapter 5.04 Licensing; Chapter 5.80 Taxa- tion; Chapter 11.08 Construction or Excavation Work Within Rights -of -Way, Chapter 11.12 Right -of -Way Use; and Chapter 17.52 Wireless Communications Facilities, Washington Administrative Code (WAC) and the City's standard construction practices and specifications; and WHEREAS, City -owned poles constitute public investment for which the taxpayers are entitled to a fair monetary return on the City's past and future investment in the City's infrastructure; and WHEREAS, the City is preparing a new Chapter, 13.14 of the Port Angeles Municipal Code, the contents of which are will govern pole attachments in generally the same manner as the provisions con- tained herein; and WHEREAS, this agreement shall be valid in the interim until the City's Pole Attachment Ordi- nance is adopted, whereupon this agreement shall become null and void, to be superseded by the provi- sions of the City's adopted Pole Attachment Ordinance; NOW, THEREFORE, the parties hereto mutually covenant and agree as follows: A. Agreement Term. The City herein consents to authorize the Grantee, for a period (the "Term") of one (1) year from and af- ter the Effective Date of this Agreement or until the City's Pole Attachment Ordinance is adopted, whichever period is less, the non-exclusive right to attach lines, equipment, or other devices to City - owned poles within the City's rights-of-way or public utility easements, as described in Exhibit"A". Metropolitan Communications Consultants 1/5/2001 C. Pole Attachments page 51 B. General Provisions. The purpose of this Agreement is to ensure the safe and efficient use of overhead lines on City -owned poles within the City's rights-of-way or public utility easements and to compensate the City for the use of the poles. This policy establishes provisions necessary to ensure compliance with Chapter 11.08 Con- struction or Excavation Work Within Rights -of -Way, Chapter 11.12 Right -of -Way Use, Chapter 11.14 Telecommunications, Washington Administrative Code (WAC) and the City's standard construction practices and specifications. This Agreement applies to all electric and telecommunication system entities that attach lines, equip- ment, or other devices to City -owned poles. For the purpose of definition, "joint pole users' shall mean all current or future entities with line, equipment or device attachments on a City -owned pole. C. Notification and Coordination. 1. Notification required. Each joint pole user shall give prior written notification to the Director of Public Works and Utili- ties for each attachment project. The notification shall be given in a timely manner to allow for necessary engineering and coordination by all affected joint pole users. The joint pole user shall receive written au- thorization from the City before attaching to City -owned poles. 2 Response to City notifications. Each joint pole user shall within ten (10) calendar days respond to City notifications related to, but not limited to, maintenance, relocation, rearrangement, violations or abandonment of joint pole in- stallations. 3. Replacement or relocation of joint use poles. Whenever it is necessary to replace or relocate a joint -use pole, the City shall give notice thereof in writing at least thirty (30) days prior to date on which it intends to change such pole (except in case of emergency, when verbal notice will be given and subsequently confirmed in writing) to the joint pole us- ers. Each joint pole user shall relocate facilities to the new pole within sixty (60) days at the expense of the joint pole user as provided below. When circumstances warrant additional time to relocate, the director may grant such additional time as is reasonable under the circumstances. a. Relocation of poles requiring overhead lines to be relocated overhead. If such relocation is reasonably necessary for construction, alteration or improvement of the right-of-way for purposes of public health, safety and welfare, as required by the City, grantees may not seek reimbursement for their relocation expenses from the City unless otherwise provided for by law. In the event the relocation is re- quested by a private third -party, that third -party shall pay the cost of relocation. b. Relocation of facilities from overhead to underground. If such relocation is requested by the City when reasonably necessary for construction, alteration or improvement of the right-of-way for pur- poses of public welfare, health and safety, the grantee may not seek reimbursement for its relocation ex- penses from the City, unless otherwise provided by law. If requested by a private third -party, the third - party shall pay the cost of such relocation. c. Discontinued use of poles. In the event of discontinued use of poles by the City, all joint pole users may be afforded an opportunity to purchase such poles at a fair market value, in accordance with City policy and state law. 4. City's reserved rights. The City, as pole owner, may deny access if the attachment project will result in safety, reliabil- ity, generally accepted engineering standards not being met, and where the City retains future use of structure. Nothing herein contained shall be construed to compel the City to maintain any of its poles for a period longer than is necessary for its own service requirements. In the event the City wishes to discon- tinue use of any such pole or poles and to remove, relocate and/or retire it or them, it shall send a writ- ten notice to that effect to the joint pole users and the joint pole users shall remove its attachments from Metropolitan Communications Consultants 1/5/2001 C. Pole Attachments page 52 such pole or poles within sixty (60) days after the sending of such notice, or within such shorter period of time as is required in case of emergency. ' 5. Coordination Sufficient coordination including submittal of project plans and exchange of information shall take place between joint pole users so that the attachment does not create a WAC violation or conflict. All ' joint users shall within ten (10) calendar days share design specifications for their infrastructure with others upon request. D. Construction Requirements. ' 1. Construction Permit. a. Construction permit required. Joint pole users shall obtain a construction permit in accor- dance with Chapter 11.08 Construction or Excavation Work Within Rights -of -Way, PAMC. Upon com- pletion of an attachment project, the modifying entity shall give written certification to the pole owner that the attachment project is complete and complies with the construction permit. b. Certification of designs. Unless excepted by the City, cabling and pole attachment designs, ' specifically relating to pole strength and clearances considering all pole attachment uses per Washington Administrative Code (WAC) 296-44, shall be certified by a designer and approved by the City. c. Approval to proceed. When the application is satisfactory and approved, one (1) copy of the plans, map, sketches, and application will be returned to the applicant along with written approval to proceed. d. Completion certification. Upon completion of an attachment project, the modifying entity shall give written certification to the pole owner that the attachment project is complete and complies with the construction permit 2. Safety. ' Joint pole users, in accordance with applicable national, state and local safety requirements, shall at all times employ ordinary care and shall install and maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury or nuisance to the public. Joint pole user's facilities in, over, under and upon the streets, sidewalks, alleys and public ways or places of a license, master permit or lease area, wherever situated or located, shall at all times be kept and maintained in a safe, suitable condition, and in good order and repair. 3. Violation of codes or standards. In any instance where the joint pole user's facilities are installed contrary to the Electrical Con- struction Code of the State of Washington or the City's standard practices and specifications, the joint ' pole user shall at its sole expense and within thirty (30) days following written notice from the City, change, improve, or renew its installed equipment in such manner as the City may direct. If violation of any conditions applicable to the said installation is observed, the City reserves the right to stop construc- tion immediately, and correction of the violation will be made before any part of the construction is con- tinued. 4. Guys and anchors. The joint pole user shall, at its expense, install guys necessary to support the strain imposed on any pole by the installation of their facilities. When existing anchors are adequate in size and strength to support the equipment of all joint pole users, a joint pole user may attach its guys thereto. When anchors are not of adequate size and strength, the party requiring additional anchors shall, at its own expense in- stall new anchors or request the owner to replace existing anchors with anchors adequate in size and strength. ' 5. Responsibility for costs. The joint pole user shall bear all costs involved in contacting any pole owned by the City. If it is necessary for the City to do any work on poles to provide contact space, this work will be done only as Metropolitan Communications Consultants 1/5/2001 C. Pole Attachments page 53 crews are available to do so in their regular work schedule. Any other schedule will have to be on over- time rate at the expense of the company requiring the work. 6. Communications Space Available to joint Pole Users. a. Use of available space occupied by others. Where space is available and in compliance with the State of Washington Electrical Construction Code and Safety Code, joint pole users engaged in the telecommunications utility business may be allotted contact space in the area occupied by other joint pole users. b. Conditions of use. All joint pole users shall operate and maintain their communications facili- ties in such a condition as to avoid conflict or interference with other joint pole users. Additions to or alterations by a joint pole user shall be coordinated with all joint pole users. A joint pole user may not limit the installation, alteration or maintenance of facilities of another joint pole user. Changes to communications facilities on a joint use pole shall be at the expense of the requesting party. 7. Maintenance and Emergency Repairs. a. Maintenance required. Each party shall at all times maintain all of its attachments, and per- form any necessary tree -trimming or cutting incidental thereto, and shall keep them in safe conditions and in thorough repair. b. Emergency work by City. In an emergency where it is necessary to clear lines and restore elec- tric power to the City's customers as the result of an accident, windstorm, earth slide, or other condition where power lines, poles, or other supporting structures are damaged, destroyed or are in serious danger thereof, the City's employees may transfer the joint pole user's facilities to new or other poles, or do any other work required in connection with the joint pole user's equipment necessary to restore electric ser- vice to the City's customers. The joint pole user shall reimburse the City for all costs incurred in connec- tion with such emergency work done on the Grantee's facilities. E. Pole Attachment Fees. 1. On or about July 1st of each year the City acting in cooperation with joint pole users, shall de- termine the total number of Grantee's pole contacts on City -owned poles as of the preceding day. The Grantee shall pay the City an annual rental fee covering the calendar year in which the count is made within thirty (30) days after the bill has been submitted. The Grantee may take credit against the annual rental fee payable to the City, the total number of City pole contacts on Grantee -owned poles as of the preceding day. 2. The pole attachment fee shall be as set forth in Chapter 3.70. The fee shall be paid within thirty (30) days after the bill has been submitted, and shall cover the calendar year in which the count is made. Applicable taxes are not included. F. Indemnification and Hold Harmless. The joint pole user shall defend, indemnify and hold harmless the City, its officers, officials, employees and volunteers from any and all claims, injuries, damages, losses or suits including attorney fees, arising or issuing out of the granting joint use of City poles under this Agreement, except as may be caused by the negligence or willful conduct on the part of the City of Port Angeles. Metropolitan Communications Consultants 1/5/2001 D. Wireless Telecommunications Towers and facilities page 54 1. Chapter 17.52 Wireless Telecommunications Towers and Facilities Ordinance, Draft 3 ORDINANCE NO. ' AN ORDINANCE of the City of Port Angeles, Washington, regulating wireless telecommunication towers and telecommunications facilities within the City of Port Angeles, establishing standards and cri- teria for such facilities, and adopting Chapter 17.52 of the Port Angeles Municipal Code. ' The City Council of the City of Port Angeles does hereby ordain as follows: Section 1. Anew Chapter 17.52 of the Port Angeles Municipal Code is hereby adopted to read as fol- lows: CHAPTER 17.52 WIRELESS TELECOMMUNICATIONS TOWERS AND FACILITIES Sections: 17.52.010 Findings 17.52.015 Purposes 17.52.020 Definitions 17.52.025 Development of Towers 17.52.030 Setbacks 17.52.035 17..52.040 Structural Requirements Separation or Buffer Requirements 17.52.045 Method of Determining Tower Height ' 17.52.050 Illumination 17.52.055 Exterior Finish 17.52.060 Landscaping ' 17.52.065 Telecommunications Facilities on Existing Antenna Support Structures 17.52.070 Modification of Towers 17.52.075 Certification and Inspections ' 17.52.080 Maintenance 17.52.085 Criteria for Development Modifications 17.52.090 Abandonment 17.52.095 Temporary Wireless Service Facility 17.52.100 Fees ' 17.52.105 Severability 17.52.010 Findings ' The Communications Act of 1934 as amended by the Telecommunication Act of 1996_ ("the Act") grants the Federal Communications Commission (FCC) exclusive jurisdiction over: Metropolitan Communications Consultants 1/5/2001 D. Wireless Telecommunications Towers and Facilities page 55 A. The regulation of the environmental effects of radio frequency RF emissions from Telecommunica- tions Facilities; and B. The regulation of radio signal interference among users of the RF spectrum. The City's regulation of Towers and Telecommunications Facilities in the City will not have the effect of prohibiting any Person from providing wireless telecommunications services in violation of the Act. 17.52.015 Purposes The general purpose of this Ordinance is to regulate the placement, construction; and modification of Towers and Telecommunications Facilities in order to protect the health, safety, and welfare of the pub- ' lic, while at the same time encouraging the development of the competitive wireless telecommunications marketplace in the City. Specifically, the purposes of this Ordinance are: ' A. To allow the location of Towers and Telecommunications Facilities in the City; B. To protect residential zones from potential adverse impact of Towers and Telecommunications Facili- ties; , C. To minimize adverse visual impact of Towers and Telecommunications Facilities through careful de- sign, siting, landscaping, and innovative camouflaging techniques: D. To promote and encourage shared use/co-location of Towers and Antenna Support Structures as a ' primary option rather than construction of additional single -use Towers; E. To promote and encourage utilization of technological designs that will either eliminate or reduce the need for erection of new Tower structures to support antenna and Telecommunications Facilities; ' F. To avoid potential damage to property caused by Towers and Telecommunications Facilities by en- suring such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or are determined to be structurally unsound; and G. To ensure that Towers and Telecommunications Facilities are compatible withsurrounding land uses. H. To overcome the potential adverse impacts that poorly or unregulated Telecommunications Facilities could have on the public health, safety and welfare. 17.52.020 Definitions ' The following words, terms, and phrases, when used in this Section, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: A. Antenna means any pole, panel, rod, reflection disc including satellite earth station antenna as defined ' by 47 CFR Sections 1.4000 and 25.104, or similar device used for the transmission and/ or reception of radio frequency signals. B. Antenna Support Structure means any building or structure other than a Tower which can be used for ' location of Telecommunications Facilities. C. Applicant means any Person that applies for a Tower unclassified use permit or Telecommunications Facility conditional use permit. ' D. Application means the process by which the Owner of a parcel of land within the City submits a re- quest to develop, construct, build, modify, or erect a Tower upon such parcel of land or Telecommu- nications Facility upon an Antenna Support Structure. Application includes all written documenta- tion, verbal statements, and representations, in whatever form or forum, made by an Applicant to the City concerning such a request. E. Engineer means an engineer licensed by the State of Washington. ' F. Owner means any Person with fee title or a long-term (exceeding ten (10) years) leasehold to any par- cel of land within the City who desires to develop, or construct, build, modify, or erect a Tower upon such parcel of land. Metropolitan Communications Consultants 1/5/2001 -7 LI J 1 D. Wireless Telecommunications Towers and Facilities page 56 G. Person is any natural person, firm, partnership, association, corporation, company, or other legal en- tity, private or public, whether for profit or not for profit. H. Telecommunications Facilities means any antennas, cables, wires, lines, wave guides, and any other equipment or facilities associated with the transmission or reception of communications which a Per- son seeks to locate or has installed upon or near a Tower or Antenna Support Structure. The follow- ing Telecommunications Facilities shall be considered exempt appurtenant structures when the fol- lowing criteria apply: (1) Any antenna 78.74 inches ( 2 meters) in diameter or less, which is located in any non residential zone. (2) Any antenna 39.37 inches (1 meter or less) in diameter or less, regardless of zoning category. (3) Any antenna designed to receive local television broadcast signals, regardless of zoning. (4) Any antenna 6 feet (1.8 meters) or less in height meeting the size criteria of Section 17.52.020(H)(1) PAMC and Section 17.52.020(H)(2) PAMC. (5) Low -powered networked Telecommunications Facilities such as microcell radio transceivers lo- cated on existing utility poles and light standards within public right-of-way. Low -powered networked wireless facilities shall comply with Section 11.14.020 PAMC Facilities Lease of the telecommunications ordinance and must obtain permission to attach facilities to City owned util- ity poles and light standards from the City's Public Works and Utilities Department in accor- dance with Chapter 13.14 PAMC Pole Attachments, regardless of zone. (6) Exempt Telecommunications Facilities Summary Exempt Permitted Zones Exempt Telecommunications Facilities 1 Non -Residential 78.74 inches 2 meters in diameter or less. 2 Any Zone 39.37 inches 1 meter or less in diameter or less. 3 Any Zone Designed to receive local television broadcast signals. 4 Any Zone 6 feet (1.8 meters) or less in height meeting the size criteria of Section 17.52.020(H)(1) PAMC and Section 17.52.020(H)(2) PAMC. 5 Any Zone Low -powered networked Telecommunications Facilities lo- cated on existing utility poles and light standards. I. Towermeans a self-supporting lattice, guyed, or monopole structure constructed from grade which supports Telecommunications Facilities. The term Tower shall not include amateur radio operators' equipment, as licensed by the FCC. 17.52.025 Development of Towers A. Towers may be located in all zones with approval of an unclassified use permit (UUP). Application for an unclassified use permit shall be made to the Department of Community Development in the manner provided in this chapter. A proposal to locate a new tower shall be accompanied by sub- stantial technical information identifying and documenting the need for such a location per Section 17.52.025(C) PAMC. B. Towers may be permitted to a height of 60 feet in commercial zones except in the Central Business District zone which shall maintain the maximum height allowed by that zone of 45 feet. Towers may be permitted in excess of 60 feet in industrial, public, and forest zones in accordance with Section 17.52.085 PAMC. Towers in residential zones may not exceed the maximum height allowed for the zone unless a modification has been approved per Section 17.52.085 PAMC. C. An Application to develop a new Tower shall be by unclassified use permit and shall include: Metropolitan Communications Consultants 1/5/2001 D. Wireless Telecommunications Towers and Facilities page 57 (1) The name, address, and telephone number of the Owner and lessee of the parcel of land upon which the proposed Tower is to be situated. If the Applicant is not the Owner of the parcel of land upon which the proposed Tower is to be situated, the written consent of the Owner shall be evidenced in the Application. (2) The legal description, parcel number, and address of the parcel of land upon which the proposed Tower is to be situated. (3) The names, addresses, and telephone numbers of all owners of other Towers or usable Antenna Support Structures within 300 feet of the proposed Tower site, including City -owned property. (4) A description of the design plan proposed by the Applicant in the City. Applicant must identify its utilization of the most recent technological design, including microcell design, as part of the design plan. The Applicant must demonstrate the need for the proposed Tower and why design alternatives, such as the use of microcell, cannot be utilized to accomplish the provision of the Applicant's telecommunications services. (5) An affidavit attesting to the fact that the Applicant made diligent, but unsuccessful, efforts to ob- tain permission to install or co -locate the Applicant's Telecommunications Facilities on Towers or usable Antenna Support Structures located within a one-half (1/2) mile radius of the pro- posed Tower site. (6) Written technical evidence from an Engineer(s) of the Tower's capability of supporting additional Telecommunications Facilities comparable in weight, size, and surface area to the Telecommuni- cations Facilities installed by the Applicant on the proposed Tower. (7) A written statement from an Engineer(s) that the construction and placement of the proposed Tower and Telecommunications Facilities will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communica- tions services enjoyed by adjacent residential and non-residential properties. (8) Written, technical evidence from an Engineer(s) that the proposed Tower meets the standards set forth in Section "Structural Requirements," of this Ordinance. (9) Written, technical evidence from an Engineer(s) acceptable to the Fire Chief and the Building Of- ficial that the proposed site of the Tower and Telecommunications Facilities does not pose a risk of explosion, fire, or other danger to life or property due to its proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals. (10) A written statement by the applicant stating the Tower and Telecommunications Facilities will comply with all FAA regulations and EIA Standards and all other applicable federal, state and local laws and regulations. (11) A written statement by the applicant that the Tower will accommodate co -location of additional antennas for future users at a reasonable cost. If accommodation of future co -location is not pro- posed, information must be submitted with the application detailing why future co -location is not possible. (12) In order to assist the Department of Community Development and Planning Commission in evaluating visual impact, the Applicant shall submit color photo -simulations showing the pro- posed site with a photo -realistic representation of the proposed Tower and Telecommunications Facilities as it would appear viewed from the closest residential property and from adjacent roadways. (13) The City may require independent third -party review (by a City -approved consultant) to vali- date and review the technical information contained in the application submittals. The cost of such review shall be borne by the applicant. (14) The Act gives the FCC sole jurisdiction of the field of regulation of RF emissions and does not allow the City to condition or deny on the basis of RF Impacts the approval of any Telecommu- nications Facilities (whether mounted on Towers or Antenna Support Structures) which meet Metropolitan Communications Consultants 1/5/2001 D D. Wireless Telecommunications Towers and facilities page 58 FCC standards. In order to provide information to its citizens, the City shall make available upon request copies of ongoing FCC information and RF emission standards for Telecommuni- cations Facilities transmitting from Towers or Antenna support Structures. Applicants shall be required to submit information on the proposed power density of their proposed Telecommuni- cations Facilities and "demonstrate how this meets FCC standards.: (15) At the time of site selection, the applicant shall demonstrate how the proposed site fits into its overall telecommunications network within the City. This shall include a service area coverage chart for the proposed Tower and Telecommunications Facilities that depicts the extent of cover- age and corresponding signal quality at the proposed Tower height and at least one height lower than that proposed. (16) A preliminary construction schedule and completion date. (17) Copies of any environmental documents required by any federal agency, if applicable. These shall include the environmental assessment required by FCC Para. 1.1307, or, in the event that a FCC environmental assessment is not required, a statement that describes the specific fac- ' tors that obviate the requirement for an environmental assessment. (18) A full.site plan shall be required for all Towers, showing the location, the specific placement of the Tower on the site, the type and height of the proposed Tower, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed facility, the location of existing structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, fencing, proposed color(s), and any other proposed structures. D. The Community Development Director may require an Applicant to supplement any information that the Planning Commission considers inadequate or that the Applicant has failed to supply. The Planning Commission may deny an Application on the basis that the. Applicant has not satisfactorily ' supplied the information required in this subsection. Applications shall be reviewed by the City in a prompt manner and all decisions shall be supported in writing setting forth the reasons for approval or denial. 17.52.030 Setbacks A. All Towers located in residential or commercial zones shall be setback on all sides a distance equal to the underlying setback requirement in the applicable zoning district. Towers in excess of 60, feet mi height shall be set back one (1) additional foot per each foot of Tower height in excess of 60 feet. B. Setback requirements for Towers shall be measured from the base of the Tower to the property line of the parcel of land on which it is located. ' C. Setback requirements may be modified, as provided in Section 17.52.085(2)(i) PAMC, when place- ment of a Tower in a location which will reduce the visual impact can be accomplished. For exam- ple, adjacent to trees, which may visually hide the Tower. ' D. In the RS -7 and RS -9 zones, unless exempt from Section 17.52.020(H) PAMC, Telecommunications Facilities 10 feet in height (3.1 meters) or less with an area not more than 30 square feet (2.8 meters) shall be setback at least 25 feet from each lot line. The Director of Community Development may grant a waiver of up to 25 percent of the setback requirement if it is determined that significant trees and other vegetation will be retained by reducing the setback. ' 17.52.035 Structural Requirements All Towers must be designed and certified by an Engineer to be structurally sound and, at minimum, in conformance with the Building Code, and any other standards outlined in this Ordinance. All Towers in ' operation shall be fixed to land. Metropolitan Communications Consultants 1/5/2001 D. 'Wireless Telecommunications Towers and Facilities page 59 Metropolitan Communications Consultants 1/5/2001 ' 17.52.040 Separation or Buffer Requirements For the purpose of this section, the separation distances between Towers shall be measured by drawing or following a straight line between the base of the existing or approved structure and the proposed base, , pursuant to a site plan of the proposed Tower. Tower separation distances from residentially zoned lands shall be measured from the base of a Tower to the closest point of residentially zoned property. The minimum Tower separation distances from residentially zoned land and from other Towers shall be calculated and applied irrespective of City jurisdictional boundaries. r A. Proposed Towers must meet the following minimum separation requirements from existing Towers or Towers which have a development permit but are not yet constructed at the time a development permit is granted pursuant to the Code; (1) Monopole Tower structures shall be separated from other Telecommunications Towers -by a minimum of seven hundred and fifty (750) feet. ' (2) Self-supporting lattice or guyed Tower structures shall be separated from other Telecommunica- tions Towers by a minimum of fifteen hundred (1,500) feet. 17.52.045 Method of Determining Tower Height , Measurement of Tower height for the purpose of determining compliance with all requirements of this Section shall include the Tower structure itself, the base pad, and any other Telecommunications Facili- acilities tiesattached thereto which extend more than twenty (20) feet over the top of the Tower Structure itself. ' Tower height shall be measured from average grade. 17.52.050 Illumination ' Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). Upon commencement of construction of a Tower, in cases where there are residential uses located within a distance which is three hundred (300) percent of the height of the Tower from the Tower and when re- , quired by federal law, dual mode lighting shall be requested from the FAA. 17.52.055 Exterior Finish Towers not requiring FAA painting or marking shall have an exterior finish which enhances compatibil- ' ity with adjacent land uses, as approved by the Planning Commission. 17.52.060 Landscaping , All landscaping on a parcel of land containing Towers, Antenna Support Structures, or Telecommunica- tions Facilities shall be in accordance with the applicable landscaping requirements in the zoning district where the Tower, Antenna Support Structure, or Telecommunications Facilities are located. The City , may require landscaping in excess of the requirements in the City Code in order to enhance compatibility with adjacent land uses. Tower development shall preserve the pre-existing character of the site as much as possible. Towers and ' accessory equipment structures (equipment shelters and cabinets) shall be integrated through location, design, and color to blend in with the existing site characteristics to the extent practical. Existing vegeta- tion around the facility shall be preserved or improved upon to provide vegetative screening. , The perimeter of a wireless communication support structure and any guyed wires/ anchors shall be en- closed by a fence or wall at least 6 feet in height. Evergreen trees shall be planted surrounding the sup- port structure in a manner approved by the Department of Community Development Director. In the ' RS -7 and RS -9 zones, the monopole or lattice tower must be screened by existing vegetation when possi- ble. Additional screening may be required to mitigate visual impacts to adjacent properties or public rights-of-way as determined by site specific conditions. ' Metropolitan Communications Consultants 1/5/2001 D. Wireless Telecommunications Towers and Facilities page 60 ' 17.52.065 Telecommunications Facilities on Existing Antenna Support Structures Telecommunications Facilities may be permitted on any existing Tower or Antenna Support Structure. ' Application shall be made to the Department of Community Development in the manner provided in this chapter. The applicant shall, by written certification to the Department of Community Development, ` establish the following at the time plans are submitted for a building permit: ' A. That the height of the Telecommunications Facilities shall not exceed the maximum zoning height for the zone in which it is proposed. B. That any Telecommunications Facilities and their appurtenances, located above the primary roof of ' an Antenna Support Structure, are set back one (1) foot from the edge of the primary roof for each one (1) foot in height above the primary roof of the Telecommunications Facilities. This setback re- quirement shall not apply to Telecommunications Facilities and their appurtenances, located above the primary roof of an Antenna Support Structure, if such facilities are appropriately screened from view through the use of panels, walls, fences, or other screening techniques approved by the City. Setback requirements shall not apply to Stealth antennas which are mounted to the exterior of'An- tenna Support Structures below the primary roof, but which do not protrude more than eighteen (18) ' inches from the side of such an Antenna Support Structure. C. Telecommunications Facilities, unless exempt from Section 17.52.020(H) PAMC, shall obtain all ap- plicable permits as'shown below or otherwise required. Permitted Zones Maximum Allowed Telecommuni cations Facilities Permits Required Residential RS -7, RS -9, Antenna 10 feet or less .in height (3,1 Conditional Use Permit. Building RMD, RHD. meters) with an area less than 30 permit if over 6 feet in height. RTP square feet 2.8 meters . Towers re Vire a UUP. Non -Residential CO, CBD, CN, Antenna 15 feet or less in height (4.6 . Conditional Use Permit. Building ; CSD, CA IL, IH, meters) with an area less than 100 permit if over 6 feet in height. PBP, IP, FL square feet 9.3 meters). Towers require a UUP. D. An application to develop Telecommunications Facilities shall include: (1) The name, address, and telephone number of the Owner and lessee of the parcel of land upon which the Tower or Antenna Support Structure is situated. If the Applicant is not the Owner of the parcel of land upon which the Tower or Antenna Support Structure is situated, the written consent of the Owner shall be evidenced in the Application. ' (2) The legal description, ;parcel number, and address of the parcel of land upon which the Tower or Antenna Support Structure is situated. (3) A description of the design plan proposed by the Applicant in the City. Applicant must identify its utilization of the most recent technological design, including microcell design; as part of the design plan. (4) A written statement from an Engineer(s) that the construction and placement of the Telecommu- nications Facilities will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and non-residential properties. ' (5) Written, technical evidence from an Engineer(s) that the proposed structure meets the standards set forth in Section "Structural Requirements, of this Ordinance. Metropolitan Communications Consultants 1/5/2001 D. Wireless Telecommunications Towers and Facilities page 61 (6) Written, technical evidence from an Engineer(s) acceptable to the Fire Chief and the Building Of- ficial that the proposed site of the Telecommunications Facilities does not pose a risk of explo sion, fire, or other danger to life or property due to its proximity to volatile, flammable, explo- sive, or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals. (7) A written statement by the applicant stating the Telecommunications Facilities will comply with all FAA regulations and EIA Standards and all other applicable federal, state and local laws and regulations. (8) In order to assist the Department of Community Development and Planning Commission in evaluating visual impact, the Applicant shall submit color photo -simulations showing the Tower or Antenna Support Structure with a photo -realistic representation of the proposed Telecommu- nications Facilities as it would appear viewed from the closest residential property and from ad- jacent roadways. (9) At the request of the Department of Community Development, the City may require an inde- pendent third -party review (by a City -approved consultant) to validate and review the technical information contained in the application submittals. The cost of such review shall be borne by the applicant. (10) The Act gives the FCC sole jurisdiction of the field of regulation of RF emissions and does not al- low the City to condition or deny on the basis of RF Impacts the approval of any Telecommuni- cations Facilities (whether mounted on Towers or Antenna Support Structures) which meet FCC standards. In order to provide information to its citizens, the City shall make available upon re- quest copies of ongoing FCC information and RF emission standards for Telecommunications Facilities transmitting from Towers or Antenna support Structures. Applicants shall be required to submit information on the proposed power density of their proposed Telecommunications Fa- cilities and demonstrate how this meets FCC standards. (11) A preliminary construction schedule and completion date. (12) Copies of any environmental documents required by any federal agency, if applicable. These shall include the environmental assessment required by FCC Para. 1.1307, or, in the event that a FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment. (13) A full site plan shall be required for all sites, showing the location, the specific placement, type and height of the proposed Telecommunications Facilities, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed Telecommunications Facilities, the location of existing Towers and Antenna Support Structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, fencing, proposed color(s), and any other proposed structures. 17.52.070 Modification of Towers A. A Tower existing prior to the effective date of this Ordinance, which was in compliance with the City's zoning regulations immediately prior to the effective date of this Ordinance, may continue in existence as a nonconforming structure. Such nonconforming structures may be modified or demol- ished and rebuilt without complying with any of the additional requirements of this Section, except for Sections 17.52.040,17.52.075, and 17.52.080 PAMC provided: (1) The Tower is being modified or demolished and rebuilt for the sole purpose of accommodating, within six (6) months' time of the completion of the modification or rebuild, additional Tele- communications Facilities comparable in size, with a surface area not to exceed the previous fa- cility to the discrete operating Telecommunications Facilities of any Person currently installed on the Tower. Metropolitan Communications Consultants 1/5/2001 1 D. Wireless Telecommunications Towers and Facilities page 62 2 O An Application for a development permit is made to the Department of Community Develop- ment ment which shall have the authority to issue a development permit without further approval. The grant of a'development permit pursuant to this Section allowing the modification or demoli- tion and rebuild of an existing nonconforming Tower shall not be considered a determination that the modified or demolished and rebuilt Tower is conforming. (3) ;The height of the modified or rebuilt Tower and Telecommunications Facilities attached thereto t do not exceed 'the maximum height allowed under this Ordinance. B. Except as provided in this Section, a nonconforming structure or use may not be enlarged, increased in size, or discontinued in use for a period of more than one hundred eighty (180) days. This Ordi- nance shall not be interpreted to legalize any structure or use existing at the time this Ordinance is adopted which structure or use is in violation of the Code prior to enactment of this Ordinance. 17.52.075 Certification and Inspections A. All Towers shall be certified by an Engineer to be structurally sound and in conformancewith the re- quirements of the Building Code and all other construction standards set forth by the City's Code ' and federal and state law. For new monopole Towers, such certification shall be submitted with an Application pursuant to Section' Development of Towers" of this Ordinance and every five (5) years thereafter. For, existing monopole Towers, certification shall be submitted within sixty (60) days of the effective date of this Ordinance and then everyfive (5) years thereafter. For new lattice or guyed Towers, such certification; shall be submitted with an Application pursuant to Section "Development of Towers of this Ordinance and every two (2) years thereafter. For existing lattice or guyed Tow- ers, certification shall be submitted within sixty (60) days of the effective date of this Ordinance and ' then every two (2) years thereafter. The Tower owner may be required by the City to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the Tower is jeopardized. ' B. The City or its agents shall have authority to enter onto the property upon which a Tower is located, between the inspections and certifications required above, to inspect the Tower for the purpose of determining whether it complies with the Building Code and all other construction standards pro- vided by the City Code and federal and state law. C. The City reserves the right to conduct such inspections at any time, upon reasonable notice to the Tower owner. All expenses related to such inspections by the City shall be born by the Tower. ' owner. 17.62.080 Maintenance ' A. Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain mi use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. ' B. Tower owners shall install and maintain Towers, Telecommunications Facilities, wires, cables, fix- tures, and other equipment insubstantial compliance with the requirements of the National Electric Safety Code and all FCC, state, and local regulations, and in such manner that will not interfere with the use of other property. C. All Towers, Telecommunications Facilities, and Antenna Support Structures shall at all times be kept and maintained in good condition, order, and repair so that the same shall menace or endanger the life or .property of any Person. D All maintenance or construction of Towers, Telecommunications Facilities, or Antenna Support struc- tures shall be, performed by licensed maintenance and construction personnel. ' E. All Towers shall maintain compliance with current RF emission standards of the FCC. Metropolitan Communications Consultants 1/512001 1 D. Wireless Telecommunications Towers and Facilities page 63 ' F. In the event that the use of a Tower is discontinued by the Tower owner, the Tower owner shall pro- vide written notice to the City of its intent to discontinue use and the date when the use shall be dis- continued. , 17.52.085 Criteria for Development Modifications A. Notwithstanding the Tower requirements provided in this Ordinance, a modification to the devel- opmentstandards may be approved by the Planning Commission as a conditional or unclassified use in accordance with the following: (1) In addition to the requirement for a Tower Application, the Application for modification shall ' include the following: (i) A description of how the proposed plan addresses any adverse impact that might occur as a result of approving the modification. ' (ii) A description of off-site or on-site factors which mitigate any adverse impacts which might occur as a result of the proposed modification. (iii) A technical study that documents and supports the criteria submitted by the Applicant ' upon which the request for modification is based. The technical study shall be certified by an Engineer and shall document the existence of the facts related to the proposed modifica- tions and its relationship to surrounding rights-of-way and properties. (iv) For a modification of the setback requirement, the Application shall identify all parcels of ' land where the proposed Tower could be located, attempts by the Applicant to contract and negotiate an agreement for co -location, and the result of such attempts. (v) The Department of Community Development may require the Application to be reviewed by an independent Engineer under contract to the City to determine whether the antenna study supports the basis for the modification requested. The cost of review by the Engineer shall be reimbursed to the City by the Applicant. , (2) The Planning Commission shall consider the Application for modification based on the follow- _ ing criteria: ' (i) That the tower as modified will be compatible with and not adversely impact public health and safety of surrounding areas. (ii) Off-site or on-site conditions exist which mitigate the adverse impacts, if any, created by the , modification. (iii) In addition, the Planning Commission may include conditions on the site where the Tower is to be located if such conditions are necessary to mitigate any adverse impacts which arise ' in connection with the approval of the modification. B. In addition to the requirements of subparagraph (A) of this Section, in the following cases, the Appli- cant must also demonstrate, with written evidence, the following: ' (1) In the case of a requested modification to the setback requirement, Section 17.52.030 PAMC, that the setback requirement cannot be met on the parcel of land upon which the Tower is proposed to be located and the alternative for the Person is to locate the Tower at another site which is closer in proximity to a residentially zoned land. (2) In the case of a request for modification to the separation and buffer requirements from other Towers of Section 17.52.040 PAMC, that the proposed site is zoned "Industrial" or"Heavy In- , dustrial" and the proposed site is at least double the minimum standard for separation from residentially zoned lands as provided for in Section 17.52.040 PAMC. (3) In the case of a request for modification of the separation and buffer requirements from , residentially zoned land of Section 17.52.040 PAMC, written technical evidence from an Engi- neer(s) that the proposed Tower and Telecommunications Facilities must be located at the pro- posed site in order to meet the coverage requirements of the Applicant's wireless communica- ' Metropolitan Communications Consultants 1!512001 D. Wireless Telecommunications Towers and Facilities page 64 ' tions system, and if the Person is willing to create approved landscaping and other buffers to screen the Tower from being visible to residentially zoned property. _ (4) In the case of a request for modification of the height limit for Towers and Telecommunications Facilities or to the minimum height requirements for Antenna Support Structures, that the modification is necessary to: (i) facilitate co -location of Telecommunications Facilities in order to avoid construction of a new Tower; or (ii) to meet the coverage requirements ' of the 'Applicant's wireless communications system, which requirements must be documented with written, technical evidence from an Engineer(s) that demonstrates that the height of the proposed Tower is the minimum height required to functionsatisfactorily, and no Tower that is ' taller than such minimum height shall be approved. 17.52.090 Abandonment A. If any Tower shall cease to be used for a period of 365 consecutive days, the Department of Commu— nity Development shall notify the Owner, with a copy to the Applicant, that the site will be subject to a determination by the Planning Commission that such site has been abandoned. The Owner shall have thirty (30) days from receipt of said notice to show, by a preponderance of the evidence, that the Tower has been in use or under repair during the period. If the Owner fails to show that the Tower has been in use or under repair during the period, the City Council shall issue a final determination of abandonment for the site. Upon issuance of the final determination of abandonment, the Owner shall, within seventy-five (75) days, dismantle and remove the Tower. B. To secure the obligation set forth in this Section, the Applicant (and/or Owner) shall post a perform- ance bond for the purpose of ensuring adequate removal of the Tower upon termination of its use. The performance bond shall be equal to or greater than one hundred, fifty (150) percent of the esti- mated cos , but no t' 000. Proof of performance bonds shall be f of removal of the Tower, less than $1, P submitted prior to final permit approval 17.52.095 Temporary Wireless Service Facility The use of a temporary wireless service facility may be permitted for up to six months by the City's Di- ' rector of the Department of Community Development. A temporary wireless service facility is the use of equipment such as an antenna on a bucket truck, crane, or other device capable of reaching the height necessary to evaluate the site for placement of a personal wireless facility. Such temporary facility may only be utilized on a short-term basis for the purpose of evaluating the technical feasibility of a particular location for placement of a personal wireless facility or for providing communications during an emer- gency. ' 17.52.100 Fees The application fee shall be as set forth in Chapter 3.70. ' 17.52.105 Severability That if any clause, section, or other part of this Ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby,' but shall remain in full force and effect. Metropolitan Communications Consultants 1/5/2001 D. Wireless Telecommunications Towers and Facilities page 65 ' 2. Wireless Telecommunications Towers and Facilities Unclassified Use or Conditional Use Permit Procedure, Draft 3 ' WIRELESS TELECOMMUNICATIONS TOWERS AND/OR TELECOMMUNICATIONS FACILITIES UNCLASSIFIED USE OR CONDITIONAL USE PERMIT APPLICATION REQUIREMENTS What is the procedure for siting wireless telecommunications towers and/or facilities.. - The City is currently developing comprehensive telecommunications ordinances. Between the period of 10/17/2000 and the adoption of new ordinances, the City can grant a person, public or ' private utility or entity authority to locate wireless telecommunications towers and/or telecommunications facilities on an interim basis through an Unclassified Use or Conditional Use Permit for the purpose of providing wireless telecommunications service. ' - If any of the proposed facilities utilize City rights-of-way or utility poles, an interim master telecommunications permit and/or facilities lease may also be required. - After a comprehensive telecommunications ordinance is adopted, permit applications for wireless ' telecommunications towers and/or facilities will need to be updated within ninety (90) days. This will be required for a person, public or private utility or entity to obtain City authority for wireless telecommunications towers and/or facilities on a long-term basis. - A permit for wireless telecommunications tower and/or facilities does not include cable television franchises or use of City rights-of-way for telecommunications services. - The Department of Community Development is responsible for administering wireless ' telecommunications tower and/or facilities permits on behalf of the City of Port Angeles. - The first step in the process is for the applicant to submit complete information to the City outlining the nature of the business and proposed facilities. , - A complete description of the minimum information required is attached as Exhibit A. Upon receiving the information, City staff will set up a preliminary meeting. - The preliminary meeting is an opportunity for both the City and the applicant to gather additional , information. Timeline - A permit can be obtained within 120 days of submitting a complete application. ' - The Planning Commission will hold a public hearing and issue a decision based on the public record. Appeal of the decision may be made to City Council within 14 days or be barred. ' Permit fee - The minimum fees shall be $500 for wireless telecommunications towers and/or facilities or $250 for such facilities that are co -located. ' Questions? If you have any questions about the application or process, please call the Department of , Community Development at (360) 417-4751. Metropolitan Communications Consultants 1/5/2001 D. Wireless Telecommunications Towers and Facilities page 66 2. Unclassified Use or Conditional Use Permit Procedure, Draft 3 (continued) EXHIBIT A WIRELESS COMMUNICATIONS TOWERS AND/OR TELECOMMUNICATIONS FACILITIES ' PERMIT APPLICATION REQUIREMENTS Overview The information requested below is the first step in the process of acquiring an Unclassified Use or Con- ditional Use Permit (permit) for wireless telecommunications towers and/or telecommunications facili- ties in the City of Port Angeles. Upon receiving your complete application, the City may contact you to 1 arrange a preliminary meeting between your representatives and City staff. The meeting will be an op- portunity for both parties to get further information if needed. Minimum Application Contents The following information will be required, at a minimum, for an application to be complete. Application forms may be obtained at the City Department of Community Development, PO Box 1150, 321 E. 5f Street, Port Angeles, WA 98362 A. Photosimulations of the proposed wireless telecommunications tower and/or telecommunica- tions facilities as viewed from affected properties and public rights-of-way at varying distances. B. A signed statement indicating that (1) the applicant and landowner agree they will diligently ne- gotiate in good faith to facilitate co -location of additional wireless telecommunications towers ' and/or telecommunications facilities by other providers on the applicant's structure or within the same site location and (2) the applicant and/or landlord agree to remove the facility within ninety (90) days after abandonment. ' C. Copies of any environmental documents required by any federal agency, if applicable. These shall include the environmental assessment required by FCC Para. 1.1307, or, in the event that a FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment. D. A full site plan shall be required for all sites, showing the location, the specific placement of the facility on the site, the type and height of the proposed wireless telecommunications tower and/or telecommunications facilities, on-site land uses and zoning, adjacent land uses and zon- ing, adjacent roadways, proposed means of access, setbacks from property lines, elevation draw- ings of the proposed facility, the location of existing structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, fencing, proposed ' color(s), and any other proposed structures. E. A current map showing the location and service area of all existing wireless telecommunications towers and/or telecommunications facilities and the proposed wireless telecommunications ' tower and/or telecommunications facilities, and a map showing the locations and service areas of other wireless telecommunications towers and/or telecommunications facilities operated by the applicant and those proposed by the applicant that are close enough to impact; service within ' the City. F. A legal description of the parcel, if applicable. G. The approximate distance between the proposed facility and the nearest residential. zoned prop- erties. Metropolitan Communications Consultants 1/5/2001 D. Wireless Telecommunications Towers and Facilities page 67 H. A letter signed by the applicant stating the wireless telecommunications tower and/or telecom- munications facilities will comply with all FAA regulations and EIA Standards and all other ap- plicable federal, state and local laws and regulations. I. A statement by the applicant that the wireless telecommunications tower and/or telecommuni- cations facilities will accommodate co -location of additional antennas for future users. If co - location is not proposed, a report prepared by a qualified engineer must be submitted with the application detailing why co -location is not possible. In the event of a dispute between parties ' unable to agree on co -location, the parties shall submit to binding arbitration by a mutually se- lected arbitrator whose decision shall be final J. Certification that the antenna usage will not interfere with other adjacent or neighboring trans- mission or reception functions. K. At the time of site selection, the applicant should demonstrate how the proposed site fits into its overall telecommunications network within the City. This shall include a service area coverage ' chart for the proposed facility that depicts the extent of coverage and corresponding signal qual- ity at the proposed facility height and at least one height lower than that proposed. L. A preliminary construction schedule and completion date. ' M. Information establishing the applicant has obtained all other governmental approvals (FCC, UTC), pole attachment approval, permits, and facilities leases, to construct the facilities. N. A permit fee must be paid equal to $500 for wireless telecommunications towers and/or facilities or $250 for such facilities that are co -located. i t 1 1 1 Metropolitan Communications Consultants 1/512001 l J I 7= D. Wireless Telecommunications Towers and Facilities page 68 3. Wireless Telecommunications Towers and Facilities Interim Unclassified Use or Conditional Use Permit Terms And Conditions, Draft 3 WIRELESS TELECOMMUNICATIONS TOWERS AND/OR TELECOMMUNICATIONS FACILITIES INTERIM UNCLASSIFIED USE OR CONDITIONAL USE PERMIT (Section numbers correspond with permanent Ordinance currently in adoption process) 17.52.000 Agreement Term. The City herein consents to authorize the Licensee, for a period (the "Term") of one (1) year from and af- ter the Effective Date of this Agreement or until the City'sWireless Telecommunications Towers and Fa- cilities Ordinance is adopted, whichever period is less, the non-exclusive right to locate wireless tele- communications towers and/or telecommunications facilities through an Interim Unclassified Use Agreement for the purpose of providing wireless telecommunications service in the City of Port Angeles. 17.52.010 Findings The Communications Act of 1934 as amended by the Telecommunication Act of 1996 ("the Act") grants the Federal Communications Commission (FCC) exclusive jurisdiction over: A. The regulation of the environmental effects of radio frequency (RF) emissions from Telecommunica- tions Facilities; and B. The regulation of radio signal interference among users of the RF spectrum. The City's regulation of Towers and Telecommunications Facilities in the City will not have the effect of prohibiting any Person from providing wireless telecommunications services in violation of the Act. 17.52.015 Purposes The general purpose of this Ordinance is to regulate the placement, construction, and modification of Towers and Telecommunications Facilities in order to protect the health, safety, and welfare of the pub- lic, while at the same time encouraging the development of the competitive wireless telecommunications marketplace in the City. Specifically, the purposes of this Ordinance are: A. To allow the location of Towers and Telecommunications Facilities in the City; B. To protect residential zones from potential adverse impact of Towers and Telecommunications Facili- ties; C. To minimize adverse visual impact of Towers and Telecommunications Facilities through careful de- sign, siting, landscaping, and innovative camouflaging techniques: D. To promote and encourage shared use/co-location of Towers and Antenna Support Structures as a primary option rather than construction of additional single -use Towers; E. To promote and encourage utilization of technological designs that will either eliminate or reduce the need for erection of new Tower structures to support antenna and Telecommunications Facilities; F. To avoid potential damage to property caused by Towers and Telecommunications Facilities by en- suring such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or are determined to be structurally unsound; and G. To ensure that Towers and Telecommunications Facilities are compatible with surrounding land uses. H. To overcome the potential adverse impacts that poorly or unregulated Telecommunications Facilities could have on the public health, safety and welfare. Metropolitan Communications Consultants 1/5/2001 D. Wireless Telecommunications Towers and Facilities page 69 17.52.020 Definitions ' The following words, terms, and phrases, when used in this Section, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: ' A. Antenna means any pole, panel, rod, reflection disc including satellite earth station antenna as defined by 47 CFR Sections 1.4000 and 25.104, or similar device used for the transmission and/or reception of radio frequency signals. ' B. Antenna Support Structure means any building or structure other than a Tower which can be used for location of Telecommunications Facilities. C. Applicant means any Person that applies for a Tower unclassified use permit or Telecommunications Facility conditional use permit. D. Application means the process by which the Owner of a parcel of land within the City submits a re- quest to develop, construct, build, modify, or erect a Tower upon such parcel of land or Telecommu- nications Facility upon an Antenna Support Structure. Application includes all written documenta- tion, verbal statements, and representations, in whatever form or forum, made by an Applicant to the City concerning such a request. E. Engineer means an engineer licensed by the State of Washington. F. Ownermeans any Person with fee title or a long-term (exceeding ten (10) years) leasehold to any par- cel of land within the City who desires to develop, or construct, build, modify, or erect a Tower upon such parcel of land. G. Person is any natural person, firm, partnership, association, corporation, company, or other legal en- tity, private or public, whether for profit or not for profit. H. Telecommunications Facilities means any antennas, cables, wires, lines, wave guides, and any other equipment or facilities associated with the transmission or reception of communications which a Per- son seeks to locate or has installed upon or near a Tower or Antenna Support Structure. The follow- ing Telecommunications Facilities shall be considered exempt appurtenant structures when the fol- lowing criteria apply: (1) Any antenna 78.74 inches ( 2 meters) in diameter or less, located in any non residential zone. (2) Any antenna 39.37 inches (1 meter or less) in diameter or less, regardless of zoning category. (3) Any antenna designed to receive local television broadcast signals, regardless of zoning. (4) Any antenna 6 feet (1.8 meters) or less in height meeting the size criteria of Section 17.52.020(H)(1) PAMC and Section 17.52.020(H)(2) PAMC. (7) Low -powered networked Telecommunications Facilities such as microcell radio transceivers lo- cated on existing utility poles and light standards within public right-of-way. Low -powered networked wireless facilities shall comply with Section 11.14.020 PAMC Facilities Lease of the telecommunications ordinance and must obtain permission to attach facilities to City owned util- ity poles and light standards from the City's Public Works and Utilities Department in accor- dance with Chapter 13.14 PAMC Pole Attachments, regardless of zone. (8) Exempt Telecommunications Facilities Summary Exempt Permitted Zones Exempt Telecommunications Facilities 1 Non -Residential 78.74 inches 2 meters in diameter or less. 2 Any Zone 39.37 inches 1 meter or less in diameter or less. 3 Any Zone Designed to receive local television broadcast signals. 4 Any Zone 6 feet (1.8 meters) or less in height meeting the size criteria of Section 17.52.020(H)(1) PAMC and Section 17.52.020(H)(2) PAMC. 5 Any Zone Low -powered networked Telecommunications Facilities lo- cated on existing utility poles and light standards. Metropolitan Communications Consultants 1/5/2001 D. Wireless Telecommunications Towers and Facilities page 70 I. Tower means a self-supporting lattice, guyed, or monopole structure constructed from grade which supports Telecommunications Facilities. The term Tower shall not include amateur radio operators' equipment, as licensed by the FCC. 17.52.025 Development of Towers A. Towers may be located in all zones with approval of an unclassified use permit (UUP). Application for an unclassified use permit shall be made to the Department of Community Development in the manner provided in this chapter. A proposal to locate a new tower shall be accompanied by sub- stantial technical information identifying and documenting the need for such a location per Section 17.52.025(C) PAMC B. Towers may be permitted to a height of 60 feet in commercial zones except in the Central Business District zone which shall maintain the maximum height allowed by that zone of 45 feet. Towers may be permitted in excess of 60 feet in industrial, public, and forest zones in accordance with Section 17.52.085 PAMC. Towers in residential zones may not exceed the maximum height allowed for the zone unless a modification has been approved per Section 17.52.085 PAMC C. An Application to develop a new Tower shall be by unclassified use permit and shall include: (1) The name, address, and telephone number of the Owner and lessee of the parcel of land upon which the proposed Tower is to be situated. If the Applicant is not the Owner of the parcel of land upon which the proposed Tower is to be situated, the written consent of the Owner shall be evidenced in the Application. (2) The legal description, parcel number, and address of the parcel of land upon which the proposed Tower is to be situated. (3) The names, addresses, and telephone numbers of all owners of other Towers or usable Antenna Support Structures within 300 feet of the proposed Tower site, including City -owned property. (4) A description of the design plan proposed by the Applicant in the City. Applicant must identify its utilization of the most recent technological design, including microcell design, as part of the design plan. The Applicant must demonstrate the need for the proposed Tower and why design alternatives, such as the use of microcell, cannot be utilized to accomplish the provision of the Applicant's telecommunications services. (5) An affidavit attesting to the fact that the Applicant made diligent, but unsuccessful, efforts to ob- tain permission to install or co -locate the Applicant's Telecommunications Facilities Towers or usable Antenna Support Structures located within a one-half (1/2) mile radius of the pro- posed Tower site. (6) Written technical evidence from an Engineer(s) of the Tower's capability of supporting additional Telecommunications Facilities comparable in weight, size, and surface area to the Telecommuni- cations Facilities installed by the Applicant on the proposed Tower. (7) A written statement from an Engineer(s) that the construction and placement of the proposed Tower and Telecommunications Facilities will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communica- tions services enjoyed by adjacent residential and non-residential properties. (8) Written, technical evidence from an Engineer(s) that the proposed Tower meets the standards set forth in Section "Structural Requirements," of this Ordinance. (9) Written, technical evidence from an Engineer(s) acceptable to the Fire Chief and the Building Of- ficial that the proposed site of the Tower and Telecommunications Facilities does not pose a risk of explosion, fire, or other danger to life or property due to its proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals. Metropolitan Communications Consultants 1/5/2001 D. Wireless Telecommunications Towers and Facilities page 71 (10) A written statement by the applicant stating the Tower and Telecommunications Facilities will comply with all FAA regulations and EIA Standards and all other applicable federal, state and local laws and regulations. (11) A written statement by the applicant that the Tower will accommodate co -location of additional antennas for future users at a reasonable cost. If accommodation of future co -location is not pro- posed, information must be submitted with the application detailing why future co -location is not possible. (12) In order to assist the Department of Community Development and Planning Commission in evaluating visual impact, the Applicant shall submit color photo -simulations showing the pro- posed site with a photo -realistic representation of the proposed Tower and Telecommunications Facilities as it would appear viewed from the closest residential property and from adjacent roadways. (13) The City may require independent third -party review (by a City -approved consultant) to vali- date and review the technical information contained in the application submittals. The cost of such review shall be borne by the applicant. (14) The Act gives the FCC sole jurisdiction of the field of regulation of RF emissions and does not allow the City to condition or deny on the basis of RF Impacts the approval of any Telecommu- nications Facilities (whether mounted on Towers or Antenna Support Structures) which meet FCC standards. In order to provide information to its citizens, the City shall make available upon request copies of ongoing FCC information and RF emission standards for Telecommuni- cations Facilities transmitting from Towers or Antenna support Structures. Applicants shall be required to submit information on the proposed power density of their proposed Telecommuni- cations elecommuni cations Facilities and demonstrate how this meets FCC standards. (15) At the time of site selection, the applicant shall demonstrate how the proposed site fits into its overall telecommunications network within the City. This shall include a service area coverage chart for the proposed Tower and Telecommunications Facilities that depicts the extent of cover- age and corresponding signal quality at the proposed Tower height and at least one height lower than that proposed. (16) A preliminary construction schedule and completion date. (17) Copies of any environmental documents required by any federal agency, if applicable. These shall include the environmental assessment required by FCC Para. 1.1307, or, in the event that a FCC environmental assessment is not required, a statement that describes the specific fac- tors that obviate the requirement for an environmental assessment. (18) A full site plan shall be required for all Towers, showing the location, the specific placement of the Tower on the site, the type and height of the proposed Tower, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed facility, the location of existing structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, fencing, proposed color(s), and any other proposed structures. D. The Community Development Director may require an Applicant to supplement any information that the Planning Commission considers inadequate or that the Applicant has failed to supply. The Planning Commission may deny an Application on the basis that the Applicant has not satisfactorily supplied the information required in this subsection. Applications shall be reviewed by the City in a prompt manner and all decisions shall be supported in writing setting forth the reasons for approval or denial. 17.52.030 Setbacks A. All Towers located in residential or commercial zones shall be set back on all sides a distance equal to the underlying setback requirement in the applicable zoning district. Towers in excess of 60 feet in height shall be set back one (1) additional foot per each foot of Tower height in excess of 60 feet. Metropolitan Communications Consultants 1/5/2001 D. Wireless Telecommunications Towers and Facilities page 72 ' B. Setback requirements for Towers shall be measured from the base of the Tower to the property line of the parcel of land on which it is located. ' C. Setback requirements may be modified, as provided in Section 17.52.085(2)(i) PAMC, when place- ment of a Tower in a location which will reduce the visual impact can be accomplished. For exam- ple, adjacent to trees, which may visually hide the Tower. ' D. In the RS -7 and RS -9 zones, unless exempt from Section 17.52.020(H) PAMC, Telecommunications Facilities 10 feet in height (3.1 meters) or less with an area not more than 30 square feet (2.8 meters) shall be setback at least 25 feet from each lot line. The Director of Community Development may ' grant a waiver of up to 25 percent of the setback requirement if it is determined that significant trees and other vegetation will be retained by reducing the setback. ' 17.52.035 Structural Requirements All Towers must be designed and certified by an Engineer to be structurally sound and, at minimum, in conformance with the Building Code, and any other standards outlined in this Ordinance. All Towers in operation shall be fixed to land. ' 17.52.040 Separation or Buffer Requirements For the purpose of this section, the separation distances between Towers shall be measured by drawing ' or following a straight line between the base of the existing or approved structure and the proposed base, pursuant to a site plan of the proposed Tower. Tower separation distances from residentially zoned lands shall be measured from the base of a Tower to the closest point of residentially zoned property. The minimum Tower separation distances from residentially zoned land and from other Towers shall be calculated and applied irrespective of City jurisdictional boundaries. A. Proposed Towers must meet the following minimum separation requirements from existing Towers ' or Towers which have a development permit but are not yet constructed at the time a development permit is granted pursuant to the Code; (1) Monopole Tower structures shall be separated from other Telecommunications Towers -by a ' minimum of seven hundred and fifty (750) feet. (2) Self-supporting lattice or guyed Tower structures shall be separated from other Telecommunica- tions Towers by a minimum of fifteen hundred (1,500) feet. ' 17.52.045 Method of Determining Tower Height Measurement of Tower height for the purpose of determining compliance with all requirements of this ' Section shall include the Tower structure itself, the base pad, and any other Telecommunications_Facili- ties attached thereto which extend more than twenty (20) feet over the top of the Tower Structure itself. Tower height shall be measured from average grade. ' 17.52.050 Illumination Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). Upon commencement of construction of a Tower, in cases where there are residential uses located within a distance which is three hundred (300) percent of the height of the Tower from the Tower and when re- quired by federal law, dual mode lighting shall be requested from the FAA. 17.52.055 Exterior Finish Towers not requiring FAA painting or marking shall have an exterior finish which enhances compatibil- ity with adjacent land uses, as approved by the Planning Commission. 17.52.060 Landscaping All landscaping on a parcel of land containing Towers, Antenna Support Structures, or Telecommunica- tions Facilities shall be in accordance with the applicable landscaping requirements in the zoning district Metropolitan Communications Consultants 1/5/2001 D. Wireless Telecommunications Towers and Facilities page 73 where the Tower, Antenna Support Structure, or Telecommunications Facilities are located. The City may require landscaping in excess of the requirements in the City Code in order to enhance compatibility with adjacent land uses. Tower development shall preserve the pre-existing character of the site as much as possible. Towers and accessory equipment structures (equipment shelters and cabinets) shall be integrated through location, design, and color to blend in with the existing site characteristics to the extent practical. Existing vegeta- tion around the facility shall be preserved or improved upon to provide vegetative screening. The perimeter of a wireless communication support structure and any guyed wires/ anchors shall be en- closed by a fence or wall at least b feet in height. Evergreen trees shall be planted surrounding the sup- port structure in a manner approved by the Department of Community Development Director. In the RS -7 and RS -9 zones, the monopole or lattice tower must be screened by existing vegetation when possi- ble. Additional screening may be required to mitigate visual impacts to adjacent properties or public rights-of-way as determined by site specific conditions. 17.52.065 Telecommunications Facilities on Existing Antenna Support Structures Telecommunications Facilities may be permitted on any existing Tower or Antenna Support Structure. Application shall be made to the Department of Community Development in the manner provided in this chapter. The applicant shall, by written certification to the Department of Community Development, establish the following at the time plans are submitted for a building permit: A. That the height of the Telecommunications Facilities shall not exceed the maximum zoning height for the zone in which it is proposed. Q C. That any Telecommunications Facilities and their appurtenances, located above the primary roof of an Antenna Support Structure, are set back one (1) foot from the edge of the primary roof for each one (1) foot in height above the primary roof of the Telecommunications Facilities. This setback re- quirement shall not apply to Telecommunications Facilities and their appurtenances, located above the primary roof of an Antenna Support Structure, if such facilities are appropriately screened from view through the use of panels, walls, fences, or other screening techniques approved by the City. Setback requirements shall not apply to Stealth antennas which are mounted to the exterior of An- tenna Support Structures below the primary roof, but which do not protrude more than eighteen (18) inches from the side of such an Antenna Support Structure. Telecommunications Facilities, unless exempt from Section 17.52.020(H) PAMC , shall obtain all ap- plicable permits as shown below or otherwise required. Permitted Zones Maximum Allowed Telecommuni- cations Facilities Permits Required Residential RS -7, RS -9, Antenna 10 feet or less in height (3.1 Conditional Use Permit. Building RMD, RHD, meters) with an area less than 30 permit if over 6 feet in height. RTP square feet 2.8 meters). Towers require a UUP. Non -Residential CO, CBD, CN, Antenna 15 feet or less in height (4.6 Conditional Use Permit. Building CSD, CA, IL, IH, meters) with an area less than 100 permit if over 6 feet in height. PBP, IP, FL square feet 9.3 meters). 1 Towers require a UUP. D. An application to develop Telecommunications Facilities shall include: (1) The name, address, and telephone number of the Owner and lessee of the parcel of land upon which the Tower or Antenna Support Structure is situated. If the Applicant is not the Owner of Metropolitan Communications Consultants 1/5/2001 J .I FE l D. Wireless Telecommunications Towers and Facilities page 74 the parcel of land upon which the Tower or Antenna Support Structure is situated, the written consent of the Owner shall be evidenced in the Application. (2) The legal description, parcel number, and address of the parcel of land upon which the Tower or Antenna Support Structure is situated. (3) A description of the design plan proposed by the Applicant in the City. Applicant must identify its utilization of the most recent technological design, including microcell design, as part of the design plan. (4) A written statement from an Engineer(s) that the construction and placement of the Telecommu- nications Facilities will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and non-residential properties. (5) Written, technical evidence from an Engineer(s) that the proposed structure meets the standards set forth in Section "Structural Requirements," of this Ordinance. (6) Written, technical evidence from an Engineer(s) acceptable to the Fire Chief and the Building Of- ficial that the proposed site of the Telecommunications Facilities does not pose a risk of explo- sion, fire, or other danger to life or property due to its proximity to volatile, flammable, explo- sive, or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals. (7) A written statement by the applicant stating the Telecommunications Facilities will comply with all FAA regulations and EIA Standards and all other applicable federal, state and local laws and regulations. (8) In order to assist the Department of Community Development and Planning Commission in evaluating visual impact, the Applicant shall submit color photo -simulations showing the Tower or Antenna Support Structure with a photo -realistic representation of the proposed Telecommu- nications Facilities as it would appear viewed from the closest residential property and from ad- jacent roadways. (9) At the request of the Department of Community Development, the City may require an inde- pendent third -party review (by a City -approved consultant) to validate and review the technical information contained in the application submittals. The cost of such review shall be borne by the applicant. (10) The Act gives the FCC sole jurisdiction of the field of regulation of RF emissions and does not al- low the City to condition or deny on the basis of RF Impacts the approval of any Telecommuni- cations Facilities (whether mounted on Towers or Antenna Support Structures) which meet FCC standards. In order to provide information to its citizens, the City shall make available upon re- quest copies of ongoing FCC information and RF emission standards for Telecommunications Facilities transmitting from Towers or Antenna support Structures. Applicants shall be required to submit information on the proposed power density of their proposed Telecommunications Fa- cilities and demonstrate how this meets FCC standards. (11) A preliminary construction schedule and completion date. (12) Copies of any environmental documents required by any federal agency, if applicable. These shall include the environmental assessment required by FCC Para. 1.1307, or, in the event that a FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment. (13) A full site plan shall be required for all sites, showing the location, the specific placement, type and height of the proposed Telecommunications Facilities, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed Telecommunications Facilities, the location of existing Towers and Antenna Support Structures, trees, and other significant site features, the type and Metropolitan Communications Consultants 1/5/2001. D. Wireless Telecommunications Towers and Facilities page 75 location of plant materials used to screen the facility, fencing, proposed color(s), and any other ' proposed structures. 17.52.070 Modification of Towers A. A Tower existing prior to the effective date of this Ordinance, which was in compliance with the City's zoning regulations immediately prior to the effective date of this Ordinance, may continue in existence as a nonconforming structure. Such nonconforming structures may be modified or demol- ished and rebuilt without complying with any of the additional requirements of this Section, except for Sections 17.52.040,17.52.075, and 17.52.080 PAMC provided: (1) The Tower is being modified or demolished and rebuilt for the sole purpose of accommodating, within six (6) months' time of the completion of the modification or rebuild, additional Tele- communications Facilities comparable in size, with a surface area not to exceed the previous fa- cility to the discrete operating Telecommunications Facilities of any Person currently installed on the Tower. (2) An Application for a development permit is made to the Department of Community Develop- ment which shall have the authority to issue a development permit without further approval. The grant of a development permit pursuant to this Section allowing the modification or demoli- tion and rebuild of an existing nonconforming Tower shall not be considered a determination that the modified or demolished and rebuilt Tower is conforming. (3) The height of the modified or rebuilt Tower and Telecommunications Facilities attached thereto do not exceed the maximum height allowed under this Ordinance. B. Except as provided in this Section, a nonconforming structure or use may not be enlarged, increased in size, or discontinued in use for a period of more than one hundred eighty (180) days. This Ordi- nance shall not be interpreted to legalize any structure or use existing at the time this Ordinance is adopted which structure or use is in violation of the Code prior to enactment of this Ordinance. L 17.52.075 Certification and Inspections A. All Towers shall be certified by an Engineer to be structurally sound and in conformance with the re- quirements of the Building Code and all other construction standards set forth by the City's Code , and federal and state law. For new monopole Towers, such certification shall be submitted with an Application pursuant to Section" Development of Towers" of this Ordinance and every five (5) years thereafter. For existing monopole Towers, certification shall be submitted within sixty (60) days of ' the effective date of this Ordinance and then every five (5) years thereafter. For new lattice or guyed Towers, such certification shall be submitted with an Application pursuant to Section "Development of Towers" of this Ordinance and every two (2) years thereafter. For existing lattice or guyed Tow- ' ers, certification shall be submitted within sixty (60) days of the effective date of this Ordinance and then every two (2) years thereafter. The Tower owner may be required by the City to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of ' the Tower is jeopardized. B. The City or its agents shall have authority to enter onto the property upon which a Tower is located, between the inspections and certifications required above, to inspect the Tower for the purpose of ' determining whether it complies with the Building Code and all other construction standards pro- vided by the City Code and federal and state law. C. The City reserves the right to conduct such inspections at any time, upon reasonable notice to the Tower owner. All expenses related to such inspections by the City shall be born by the Tower ' owner. Metropolitan Communications Consultants 1/5/2001 D. Wireless Telecommunications Towers and Facilities page 76 17.52.080 Maintenance A. Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. B. Tower owners shall install and maintain Towers, Telecommunications Facilities, wires, cables, fix- tures, and other equipment in substantial compliance with the requirements of the National Electric Safety Code and all FCC, state, and local regulations, and in such manner that will not interfere with the use of other property. C. All Towers, Telecommunications Facilities, and Antenna Support Structures shall at all times be kept and maintained in good condition, order, and repair so that the same shall menace or endanger the life or property of any Person. D. All maintenance or construction of Towers, Telecommunications Facilities, or Antenna Support struc- tures shall be performed by licensed maintenance and construction personnel. E. All Towers shall maintain compliance with current RF emission standards of the FCC. F. In the event that the use of a Tower is discontinued by the Tower owner, the Tower owner shall pro- vide written notice to the City of its intent to discontinue use and the date when the use shall be dis- continued. 17.52.085 Criteria for Development Modifications A. Notwithstanding the Tower requirements provided in this Ordinance, a modification to the devel- opment standards may be approved by the Planning Commission as a conditional or unclassified use in accordance with the following: (1) In addition to the requirement for a Tower Application, the Application for modification shall include the following: (i) A description of how the proposed plan addresses any adverse impact that might occur as a result of approving the modification: (ii) A description of off-site or on-site factors which mitigate any adverse impacts which might occur as a result of the proposed modification. (iii) A technical study that documents and supports the criteria submitted by the Applicant upon which the request for modification is based. The technical study shall be certified by an Engineer and shall document the existence of the facts related to the proposed modifica- tions and its relationship to surrounding rights-of-way and properties. (iv) For a modification of the setback requirement, the Application shall identify all parcels of land where the proposed Tower could be located, attempts by the Applicant to contract and negotiate an agreement for co -location, and the result of such attempts. (v) The Department of Community Development may require the Application to be reviewed by an independent Engineer under contract to the City to determine whether the antenna study supports the basis for the modification requested. The cost of review by the Engineer shall be reimbursed to the City by the Applicant. (2) The Planning Commission shall consider the Application for modification based on the follow- ing criteria: (i) That the tower as modified will be compatible with and not adversely impact public health and safety of surrounding areas. (ii) Off-site or on-site conditions exist which mitigate the adverse impacts, if any, created by the modification. Metropolitan Communications Consultants 1/5/2001 D. Wireless Telecommunications Towers and Facilities page 77 (iii) In addition, the Planning Commission may include conditions on the site where the Tower is to be located if such conditions are necessary to mitigate any adverse impacts which arise in connection with the approval of the modification. B. In addition to the requirements of subparagraph (A) of this Section, in the following cases, the Appli- cant must also demonstrate, with written evidence, the following: (1) In the case of a requested modification to the setback requirement, Section 17.52.030 PAMC, that the setback requirement cannot be met on the parcel of land upon which the Tower is proposed to be located and the alternative for the Person is to locate the Tower at another site which is closer in proximity to a residentially zoned land. (2) In the case of a request for modification to the separation and buffer requirements from other Towers of Section 17.52.040 PAMC, that the proposed site is zoned "Industrial" or "Heavy In- dustrial" and the proposed site is at least double the minimum standard for separation from residentially zoned lands as provided for in Section 17.52.040 PAMC. (3) In the case of a request for modification of the separation and buffer requirements from residentially zoned land of Section 17.52.040 PAMC, written technical evidence from an Engi- neers) that the proposed Tower and Telecommunications Facilities must be located at the pro- posed site in order to meet the coverage requirements of the Applicant's wireless communica- tions system, and if the Person is willing to create approved landscaping and other buffers to screen the Tower from being visible to residentially zoned property. (4) In the case of a request for modification of the height limit for Towers and Telecommunications Facilities or to the minimum height requirements for Antenna Support Structures, that the modification is necessary to: (i) facilitate co -location of Telecommunications Facilities in order to avoid construction of a new Tower; or (ii) to meet the coverage requirements of the Applicant's wireless communications system, which requirements must be documented with written, technical evidence from an Engineer(s) that demonstrates that the height of the proposed Tower is the minimum height required to function satisfactorily, and no Tower that is taller than such minimum height shall be approved. 17.52.090 Abandonment A. If any Tower shall cease to be used for a period of 365 consecutive days, the Department of Commu- nity Development shall notify the Owner, with a copy to the Applicant, that the site will be subject to a determination by the Planning Commission that such site has been abandoned. The Owner shall have thirty (30) days from receipt of said notice to show, by a preponderance of the evidence, that the Tower has been in use or under repair during the period. If the Owner fails to show that the Tower has been in use or under repair during the period, the City Council shall issue a final determination of abandonment for the site. Upon issuance of the final determination of abandonment, the Owner shall, within seventy-five (75) days, dismantle and remove the Tower. B. To secure the obligation set forth in this Section, the Applicant (and/or Owner) shall post a perform- ance bond for the purpose of ensuring adequate removal of the Tower upon termination of its use. The performance bond shall be equal to or greater than one hundred, fifty (150) percent of the esti- mated cost of removal of the Tower, but not less than $1,000. Proof of performance bonds shall be submitted prior to final permit approval. 17.52.095 Temporary Wireless Service Facility The use of a temporary wireless service facility may be permitted for up to six months by the City's Di- rector of the Department of Community Development. A temporary wireless service facility is the use of equipment such as an antenna on a bucket truck, crane, or other device capable of reaching the height necessary to evaluate the site for placement of a personal wireless facility. Such temporary facility may only be utilized on a short-term basis for the purpose of evaluating the technical feasibility of a particular Metropolitan Communications Consultants 1/5/2001 D. Wireless Telecommunications Towers and Facilities page 78 location for placement of a personal wireless facility or for providing communications during an emer- gency. 17.52.100 Fees The application fee shall be as set forth in Chapter 3.70. ' 17.52.105. Severability That if any clause, section, or other part of this Ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby, but shall ' remain in full force and effect. Metropolitan Communications Consultants 175/2001 E. Related Ordinances page 79 1. Chapter 3.70 Fees (strokeettt/underline format) Draft 3 3.70.070 Planning Department Fees. The fee for filing an application for the following Planning permit applications and appeals shall be as follows: A. Annexation - $400.00 ' B. Appeals - $200.00. C. Boundary Line Adjustment - $10.0.00 D. BSIP Applications 1. Preliminary - $450.00 ' 2. Final - $200.00 3. Modifications $200.00 E. Comprehensive Plan Amendment - $450.00 ' F. Conditional Use Permit - $300.00 G. Environmental Checklist for Other than Administrative CUPS - $150.00 H. Environmental Checklist for Administrative CUPS - $75.00 I. Extension of a CUP - $50.00 J. Administrative CUPS - $175.00 K. Planned Residential Development ' 1. Preliminary - $450.00 2. Final- $200.00 ' 3. Modifications - $200.00 L. Open Space Exemption - $50.00 M. N. Parking Variance - $225.00 Plats, 1. Preliminary Short Plats (1-5 lots) - $200.00 a. Final Short Plats -'$40.00 per lot ' b. Amendment to Short Plats - $75.00 2. Preliminary Subdivision Plats (6+ lots) - $200.00 + $10.00 per lot a. Final Subdivision Plats - $40.00 per lot 3. Preliminary Binding Site Improvement Plan - $40.00 per lot. O. a. Final Binding Site Improvement Plan - $40.00 per lot. Retail Stand Right -of -Way Use - $75 per year P. Rezone and Zoning Code Amendments - $450.00 ' Q. SEPA appeals under PAMC 15.04.280 - $200.00 R. Shoreline Substantial Development Permit - $250.00 S. Shoreline Permit Revision - $150.00 T. Street Vacation - $250.00 U. Temporary Use Permit 1. More than one year - $150.00 2. One year or less- $75.00 ' 3 Extension or amendment of Temporary Use Permit - $75.00 Metropolitan Communications Consultants - 1/5/2001 E. Related Ordinances page 80 V. Trailer Park Permit - $75.00 W. Variance - $225.00 , X. Wetlands Permit - $200.00 Y, Wireless telecommunications towers and/or telecommunications facilities - $500 or $250' if co -locating on existing structure (Ord. 3034 §1 (part), 11/26/99; Ord. 300.3 §2,12/25/98; Ord. 2,932 §4,10/11/96; Ord. 2883 §2,9/15/95; ' Ord. 2789 §15,1/1/94) 3 70.110 - Public Works Department (Devartment} Fees and Deposits. A. The fee for a permit for construction or excavation work in the City right-of-way shall be ' as follows: 1. Concrete walk installation $70.00 2. Curb & gutter removal and/or replacement 145.00 ' 3. Driveway installation 145.00 4. All other work 45.00 , 5. Street cut 230.00 B. Street Use Permit Fees. The application fees fora Street Use Permit and for a renewal of such permit, when required by PAMC 11.12.120, shall be as follows: 1. Benches $30.00 ' 2. Litter receptacles 30.00 3. Bicycle racks 30;00 4. Private planters ' 30.00 ' 5. Landscaping higher. than 30 inches 30.00 6. Exhibitions sponsored by or promoted by civic, charitable or other non-profit organization 5.00 , 7. Sidewalk cafes 60.00 8. All other exhibitions 60.00 , 9. Activities not specifically mentioned ' 60.00 10. Ramps; steps, or any similar installation 115.00 11. Fences 115.00 ' 12. Retaining Walls 175.00,. 13. Rockeries 175.00 14. The application fee for a temporary street use permit shall be sixty ($60) dollars. 15. The application fee for permit for obstruction of unopened streets shall be one hundred seventy-five ($175) dollars per year. ' C. Move Permit Fees. The fee schedule for building move permits shall be as follows: 11. Relocate a building on the same lot or parcel (without use of public right-of-way) $ 30.00 2. Move building from inside City limits to outside City limits 115.00 3. Move building from one City lot to another. City lot 1/5/2001 Metropolitan Communications Consultants E. Related Ordinances page 81 (use Cityright-of-way)115.00 4. Move building from outside City limits to inside City limits 230:00 5. Inspection fee 47:00/hr. D. Plan Review and Permit Fees for Grading, Filling, Clearing and Drainage Activities: 1. Grading and Filling. The permit fee for grading and filling activities shall be as fol- lows: Estimated volume ofgrading &; fill Fee 250 cubic yards or less and less than 4 feet of cut or fill 1$25.00 251 to 1,000 cubic yards $30.00 1,001 to 10,000 cubic yards or more 35.00; plus $15.00 for each additional 10,000 cubic yards or fraction thereof. Additional plan review required for changes, additions or revisions to the approved plans shall be at the rate of $30.00 per hour, provided that the minimum charge shall be $30.00. The hourly cost to the City shall include supervision, overhead, equipment, hourly wages and fringe benefits of the em- ployees involved. 2. Clearing and Drainage. The permit fee shall be as follows: Estimated area of clearing Fee Less than one acre $35 One acre to five acres 60 Over five acres 12/acre. Additional plan review required for changes, additions or revisions to the approved plans shall . be at the rate of $30 per hour or the total hourly cost to the City, whichever is the greatest, provided that the minimum charge shall be $30. The hourly cost to the City shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. E. Construction Inspection. 1. Inspections, during` normal business hours $47.00/hour Inspections outside normal business hours (the minimum charge shall be 2 hours) 47.00/hour. F. Industrial Wastewater Pretreatment Fees 1. Fees for monitoring, inspections and surveillance procedures: $ at cost 2. Fees for filing appeals: $30.00 1 3. Fees for reviewing accidental discharge procedures and construction: $ at cost 4. Fees for review of drawings, specifications and compliance schedules for pre- treatment facilities: $ at cost 5. Fees for issuance of industrial wastewater acceptance forms: $90.00 6. Other charges as the City may deem necessary to carry out the requirements of Chapter 13.06 PAMC: $ at cost. G. Water Service Connection Fees 1. The new residential water service connection fee, including the meter, shall be: Service Size Meter Service Connection Fee Metropolitan Communications Consultants 1/512001 E Related Ordinances page 82 1" 5/8" $64Q.00 lit 3/4" 670.00 1° 1" 695.00: 2. The new commercial/ industrial water service connection fee, including the me- ter, shall be: Service Size Meter Service Connection Fee $1,160.00 1-1/2" 1-1/2" 1,740.00 2" 211 2,320.00. 3. The fee for special or emergency turn -ons or turn-offs shall be sixty dollars ($60) during regular working hours and one hundred fifteen dollars ($115) outside of regular working hours. 4. The water quality test fee required under PAMC 13.36.080 shall be $60 plus the cost of the laboratory tests. H. The fee for a. permit for sewer connection shall be as follows: 1. Single-family houses: $95.00 2. Multiple -family dwellings, including duplexes, apartment buildings, trailer and auto courts, motels, and similar structures: ` $95.00 for the first dwelling unit and $7.00 for each additional dwelling unit. 3. All other structures, including, but not limited to, hotels, apartment hotels, office buildings, stores, churches, schools, hospitals, buildings accessory thereto, and industrial/commercial structures of any kind and additions thereto: One-half cent per gross square foot of area occupied by all floors of such structure for the first 100,000 square feet (exclusive of areas devoted to single-family dwell- ing houses for multiple -dwelling structures); and one-quarter cent per gross square foot for the remain- ing footage in excess of 100,000 square feet. In addition thereto, $7.00 for each single-family or multiple dwelling unit combined therewith; with a minimum fee of $95.00 and a maximum fee of $1,160.00. 4. The fee for additional direct connections to a public sewer shall be the same as ' for an initial connection. 5. The fee for a reconnection to a public sewer using an existing side sewer shall be the same as for an initial connection: ' I. The fee for alteration or repair to existing side sewers installed and accepted under a previous permit, other than normal clean-out or root cutting for which no permit is required; shall be as follows: , 1. Any repair of a side sewer: $35.00 2. The fee for capping side.sewers'shall be $260.00 and all work performed to cap the side. sewer shall be accomplished by the Department. J The fee for storm drain connections shall be as follows: 1. Installation of catch basins or similar interceptors: $45.00. ' 2. All connections other than for a catch basin: $115.00. K. The fees for various underground utility work performed by the Department shall be as follows: -' 1. Tapping sewer or storm drain main lines to install a tee or wye: $145.00. 2. Hot tap water main: $290.00. Metropolitan Communications Consultants 1/5/2001 E. Related Ordinances page 83 3. Tapping sanitary or storm manhole: $350.00. 4. Install fire hydrant $3,015.00. ' All work to actually tap the main shall be performed by the Department. All excavation of trench, exposure of the main and trench backfill shall be provided by the applicant. L. In addition to the sewer or storm drain fees required under this Section, any person re- ceiving a permit from the City for a sewer or storm drain connection shall pay to the City of Port Angeles the actual cost incurred by the City in the restoration of any street, alley, curb, sidewalk, utility or other structure of the City of Port Angeles, which is in any way altered or damaged as a result of construction ' pursuant to a sewer or storm drain connection permit. M. Septic Hauler Fees. 1. Annual Fee--Septic Hauler. The annual fee shall be $60. ' 2. Volume Fee.. The monthly charge shall be as follows: a. Fresh waste shall be charged at a rate of $0.02 per gallon of waste. b. Other septic discharge shall be charged at a rate of $0.11 per gallon of waste. N. Whenever an application for a developer reimbursement agreement is submitted, it shall ' be accompanied by a non-refundable fee of three hundred fifty dollars ($350) plus six dollars ($6) for every parcel to be encumbered by the agreement in order to cover the City's expenses in processing the application. (Ord. 3034 §1 (part),11/26/99; Ord. 2932 §9,10/11/96) O Right-of Way License, Master Permit or Facilities Lease - Apmlication and Review Fee. 1. Anyapplicant for an initial, renewal or transfer of a right-of-way license, master per mit or facilities lease pursuant to Chapter 11.14 shall make an initial cost deposit with the city, of one-half of one percent (0.5%) of the estimated cost of applicant's. proposed ' facilities as certified by the applicant, upto a maximum of five thousand dollars ($5,000.00). The minimum deposit shall be five hundred dollars ($500.00). 2. The deposit shall be made as part of the application filed pursuant to Chapter 11.14 and shall be used to reimburse the city for its costs to process the application, up to the amount of the applicant's deposit. The ci mammas expenses are incurred, draw upon the deposit to recover its actual administrative expenses that are directly related 1 to receiving and approving a right-of-way license, master permit or facilities lease, to inspecting plans and construction, and to the preparation of a detailed statement pur- suant to Chapter 43.21c RCW,-including, but not limited to, the reasonable cost of outside consultants retained by the city related to the city's consideration and processing of a master'Permit, right of-way license, or facilities lease. 3 The City Engineer, at any time, may require the applicant to deposit additional sums ' if it appears that the initial deposit or subsequent deposits will be exhaustedrip or to the final action by the city relating to the consideration by the city of an application for issuance, renewal, transfer or modification of a master permit, right-of-way h- ' cense or facilities lease. The applicant will not be entitled to further consideration by the cites of its requested action until such time as the additional deposit required by the director has been deposited with the city. ' 4 In the event the amount of the actual deposit of an applicant is in excess of the amount of the administrative expenses of the city related to the action requested, then the ap- plicant shall be entitled to a return of any such excess amount. 5 An applicant whose right-of-way license, master permit or facilities lease application has been withdrawn, abandoned or denied shall, within sixty_(60) davits applica tion and review fee written request, be refunded the balance of its deposit under this Section, less: Metropolitan Communications Consultants 1/5/2001 E. Related Ordinances page 84 a Fift dollars 50.00 non-refundable fihng charge; and (b) All other ascertainable costs and expenses incurred by the city in connection with the application. , P. Pole attachment rate 1 Light Utility Inspection & Review Fees ' (a) The fee for inspection of the installation alteration, extension, and repair of elec- trical wiring materials appliances, apparatus, devices, and equipment of ser- vices and feeders shall be as set forth in the current edition of the State of Wash- , ington Department of Labor and Industries fee schedule as adopted in WAC 296-46-910 as amended. (b) The fee for special permits issued pursuant to PAMC 14.05.180E shall be $30.00. ' (c) The pole attachment rate (subject to a cost of service study in progress) -- Re- served Metropolitan Communications Consultants 1/5/2001 E. Related Ordinances page 85 Provisions, 2. Chapter to r 5.04 General ro sions Draft 5.04.010 Purpose. This Title is an exercise of the police power of the City and is necessary for the protection of the public health, safety and welfare of the citizens of Port Angeles, through the regulation of certain types of businesses within the City. (Ord. 2050 Ch.1 §1,1/1/80) ' 5.04.020 Scope. This Titleis intended to license and regulate only those types of businesses in the City which are specifically required by this Title to obtain a business license. (Ord. 2050 Ch. 1 §2, .1/1/80). ' 5.04.025 Disclaimer of Ci Liability Issuance of any business license pursuant to this title does not constitute the creation of a duty by the City of Port Angeles to indemnify a business licensee for any wrongful acts against the public, or to guarantee the quality of goods, services, or expertise of a licensee, or to otherwise shift responsibility from the licensee to the City of Port Angeles for proper training, con- duct or equipment of self or agents, even if specific regulations require standards of training, conduct or inspection. (Ord. 2835 §1; 9/16/94) 5.04.030 Definitions. The following definitions shall apply to all Chapters of this Title, unless the context of the Chapter indicates otherwise: A. "City" means the City of Port Angeles, an optional municipal code city operating under the ' provisions of Title 35A RCW. B. " Business license" means a certificate issued by the City Clerk to a specific person, allowing the conduct of a designated and regulated business for a definite period of time at a specific location ' within the City in accordance with the provisions of this Title. C. "Person" means any person, firm, corporation, association, partnership, venture, society, club, association, or organization whatsoever. (Ord. 2050 Ch.1 §3,1/1/80) ' 5.04.040 Application -Issuance. A. Each applicant for a business license shall file an application with the City Clerk in writing, containing the name of the applicant, the name of the business, the type of the business or businesses for which the business license is sought, the address and location of the business, an indication of whether the business is temporary or permanent, and any other information this Title or the Clerk requires for processing the application. The applicant shall also tender the fee for issuance of the business licenser tB. After receipt of a completed application and the business license fee, the Clerk shall review the application and shall, except as otherwise provided, issue or deny the business license within five work- ing days after receipt of the completed application. ' C. Nothing in this Section or any other Section of this Title shall prevent the City Clerk or any other authorized City official from requiring from the applicant any information necessary to ascertain ' whether the applicant is, or will be, in compliance with all City ordinances or State laws. (Ord. 2224 §1, 8/2/82; Ord. 2050 Ch.1 §4,1/1/80) 5.04.050 Application - Denial - Cause. The Clerk shall deny any application for a business license where the applicant is not in compliance with all ordinances of the City and statutes of the State as now existing or hereafter amended. If, after investigation, the Clerk finds that the applicant has been con- victed of a crime of moral turpitude or other crime which relates to the activity for which the business h- ' cense is sought or finds good reason to believe that issuance of a business license to the applicant would be otherwise adverse to or unreasonably jeopardize the health, welfare and safety of the citizens of the City of Port Angeles, the Clerk may deny such application. The Clerk shall, upon denial, inform the ap- plicant in writing of the reason for denial and shall cite the ordinance or statute of which the application is in violation, if applicable. (Ord. 2835 §2,9/16/94; Ord. 2050 Ch.1 §5,1/1/80) Metropolitan Communications Consultants 1/5/2001 E. Related Ordinances page 86 ' 5.04.060 Denial - Applicant Right to Appeal. Any applicant denied a business license by the City Clerk shall have a right of appeal to the City Council. The applicant shall, within ten days of mailing by the Clerk of notice of the denial, give a notice of appeal to the City Clerk, in writing. The Clerk shall , place the applicant's appeal on the agenda of the next regularly scheduled City Council meeting, and forthwith inform the applicant in writing, of the date, time and location of the meeting. (Ord. 2050 Ch.1 §5(B),1/1/80) , 5.04.070 Denial - Hearing - Council Determination. A. The City Council shall hold a public hearing at which the applicant may present testimony as to his compliance with the State statutes or City ordinances with which he is alleged not to be in confor- mance. B. After the close of the public hearing, the City Council shall either grant the business license, or sustain the denial. The City Council shall make findings of fact, which shall be incorporated in its min- utes, as to the basis for its decision. C. Any applicant denied a business license by the City Council shall have a right to appeal to the Clallam County Superior Court. Said appeal shall be filed no later than thirty (30) days after the decision of the City Council. (Ord. 2716, §1,10/16/92; 2050 Ch.1 §5(C) (D),1/1/80) 5.04.080 Fee. For all businesses which require a business license, unless otherwiseprovided by this Title, the license fee shall be as set forth in Chapter 3.70 PAMC. (Ord. 2932 §12,10/11/96; Ord. 2050 Ch.1 §6,1/1/80) 5.04:090 Term. , A. All business licenses, unless otherwise specifically provided, shall be for a period of one year, beginning July 1st of each year and terminating the. following June 30th. The fee for a business license is- ' sued to a business starting after July 1st shall be prorated to the end of the business license period, such proration to begin on the first of the month next following issuance of the business license. B. Any applicant who intends to conduct a business temporarily may apply for a temporary business license for a period of one to three months, for which the fee shall be as set forth in Chapter 3.70 PAMC. Metropolitan Communications Consultants 1/5/2001 E. Related Ordinances page 87 3. Chapter 5.80 Public Utility Tax, Draft 3 ' 5.80.030 Tax Levied - Telecommunications Business. A. From and after ----------, 2001, there is levied upon, and there shall be collected from, every, person, firm or corporation engaged in carrying on. telecommunications business for hire or for sale or as a service within or partly within the corporate limits of the City a tax for the privilege of so doing busi- ness. Such tax shall be levied at a rate equal to 5.5% of the total gross operating revenues, as defined in this Section, which are derived within the City. B. For the purposes of this Section, "gross operating revenues" shall not include charges passed on to its subscribers by a telecommunications company pursuant to tariffs required by regulatory order, to compensate for the cost to the company for the tax imposed by this Chapter. Gross operating revenue shall also not include any revenues received from interstate tolls derived from the operations of such business within the City. ' C. For the purposes of this chapter, the following terms shall have the meaning ascribed herein: (1) "Telecommunications business" means the business of providing telecommunica- tions service. (2) "Telecommunications service" means the transmission for rent, sale or lease, or, in ex- change for other value received, of information in electronic or optical form, including, but not limited to voice, video or data, whether or not the transmission medium is owned by the provider itself. ' (3) Telecommunications service includes telephone service, paging service, personal wirelessservices and commercial mobile services but does not include cable service or over -the -air broadcasts to the public -at -large from facilities licensed by the Federal Communications Commission or ' any successor thereto. (4) "Telephone business" means the business of providing access to a local telephone network, local telephone network switching service, toll service, cellular telephone services or coin tele- phone services, providing telephonic, video, data, or similar communications or transmission for hire, via a local telephone network, toll line or channel, cable, microwave or similar communications or transmission system. It includes cooperative or farmer line telephone companies or associations operat- ing an exchange. It also includes personal wireless services providers and commercial mobile services providers to the extent they provide their services via a local telephone network, toll line or channel, ca- ble, microwave or similar communications or transmission system. "Telephone business" includes interstate service, including toll service, originating from or received on telecommunications equipment or apparatus in this state if the charge for the service is billed to a person in this state. "Telephone business" includes the provision of transmission to and from the site of an internet provider via a local telephone network, toll line or channel, cable, microwave or similar commu- nications or transmission system. . "Telephone business" does not include the providing of competitive telephone service, the providing of cable television service nor the providing of broadcast services by radio or television stations, nor the provision of internet service as defined in RCW 82.04.297, including the reception of dial -in connection, provided at the site of the internet service provider.' ' (5) "Competitive telephone service" means the providing by any person of telecommu- nications equipment, or apparatus, or service, related to that equipment or apparatus such as repair or maintenance service, if the equipment or apparatus is of a type which can be provided by persons that ' are not subject to regulation as telephone companies under Title 80 RCW, and for which a separate charge is made. (Ord. 2755,3/26/93; Ord. 2720 §1,11/13/92; Ord. 2651 §1, 9/13/91; Ord. 2183 §3, 1/1/82.) Metropolitan Communications Consultants 1/5/2001 E. Related Ordinances page 88 4. Chapter 11.08 Construction or Excavation Work Within Rights -of -Way, Draft 3 11.08.010 Definitions. All terms defined in Chapter 11 of the City Code and the following definitions apply to the provisions of this Chapter, unless the context shall indicate otherwise: A. "Applicant" means any person making application for a permit for construction or excavation' , work, pursuant to the terms of this Chapter. B. "City" means the City of Port Angeles. C. "City Council" or "Council" means the City Council of the City. ' D: "City Engineer" means the City Engineer of the City of Port Angeles. E. "Construction" or "excavation" means the act of opening, excavating, or, in any manner disturbing or breaking the surface or foundation of any permanent pavement; the establishment or, alteration of any established grade or street; and the maintenance or removal of a sidewalk or crosswalk, pavement, sewers, water mains, street lighting or, appurtenances thereto. F. "Easement' means any city held easement for access and public utilities. ' G. "Person" means any person, firm, partnership, association, corporation, company, service ' provider or non -service provider as defined under Chapter, 1114, or organization of any kind. H. "Permittee" means any person holding a permit from. the City of Port Angeles for the per- formance of any construction or excavation workwithin a right-of-way of the City. I "Right of -way" means: (1) A dedicated or owned right-of-way of the City, between the outer boundaries thereof, within which may be located a street, highway, sidewalk, alley, avenue or other, structure used for pedes- trian or vehicular traffic, or a utility structure or appurtenance. A right-of-way or easement is included within the definition of "Right -of -Way" whether such right-of-way or easement is currently used or not. ' (2) Land acquired or dedicated for a street, highway, sidewalk, alley, avenue or other ' structure used for pedestrian or vehicular traffic, or a utility structure or appurtenance and easements which, under the city Charter, the PAMC, city ordinances, and applicable laws, the city has authority to grant master permits, franchises, licenses or leases for use thereof, use permits, or has regulatory author- , ity thereover, and as may be more specifically defined in the master permit, license or lease granting any right to or use thereof. (3) "Rights -of -Way" for the purpose of this Chapter do not include City Property, build- ' ings, parks, poles, conduits or similar facilities or property owned by or leased to the city, including, by way of example and not limitation, structures in the public way such as utility poles, light poles and bridges. J. " Permit, Use Permit, Right -of -Way Use Permit, or Right -of -Way Construction Permit" refer to the legal authorization, in addition to a master permit, to enter and usea: specified portion of the public rights-of-way for the purpose of installing, repairing, or removing identified facilities. ' K. "Work" means any construction or excavation within a right-of-way of the City.` Construction work does not include routine maintenance or new service connection drops to customer, unless such maintenance or service connection drops are new pole attachments or disturb the other joint pole users, the roadbed or in any substantial manner, obstructs the flow of traffic. (Ord. 2166 §1, 9/1/81) 11.08.020 Permit - Required. It is unlawful for any person to perform any work in a City right-of-way without first having ob- tained a`permit therefor from the City Engineer as provided in this Chapter. .(Ord. 3018 §1 (part), , 5/14/99; Ord. 2166 §2,9/1/81) A. Notwithstanding any other provision of this Chapter, the city must act on a request for a use permit or right-of-way construction permit by a service provider within thirty(30) days of receipt of a , completed application, unless the service provider consents to. a different time period or the service pro- vider has not obtained a master permit requested by the: Metropolitan Communications Consultants 1/5/2001 E. Related Ordinances page 89 ' B. The city may require that a service provider constructing, relocating, or placing ducts or con- duits in public rights-of-way provide the city with additional ducts or conduits and related structures ' necessary to access the conduit, provided that: (1) The city enters into a contract with the service provider consistent with RCW 80.36.150. The contract rates to be charged shall recover the incremental cost of the service provider. If ' the city makes the additional duct or conduit and related access structures available to any other entity for the purposes of providing telecommunications or cable television service for hire, sale, or resale to the< general public, the rates to be charged, as set forth in the contract with the service provider that con- structed the conduit or duct, shall recover at least the fully allocated cost of the service provider. The service provider shall state both contract rates in the contract. The city shall inform the service provider of the use, and any change in use, of the requested duct or conduit and related access structures to de- termine the applicable rate to be paid by the city. ' (2) Except as otherwise agreed by the service provider and the city, the city shall agree that the requested additional duct or conduit space and related access structures will not be used -by the city to provide telecommunications or cable television service for hire, sale, or resale to the general public. ' (3) The city shall not require that the additional duct or conduit space be connected to the access structures and vaults of the service provider. (4) The value of the additional duct or.conduit requested by city shallnot be consid- ered a public works construction contract. 11.08.030 Permit - Limitation. No application for a permit shall be received, nor shall any permit be issued, other than to a li- censed and bonded contractor of the State; provided, that if all work to be done under a permit is outside the outer boundaries of a traveled and improved street, highway, or avenue, and the fair market value of the work is equal to or less than thirty-five hundred dollars, then a permit may be issued to other than a ' licensed and bonded contractor. (Ord. 3018 §1 (part), 5/14/99; Ord. 2166 §3,9/1/81) 11.08.040 Permit = Application. A. A written application for the issuance of a permit shall be submitted to the City Engineer, on a ' form and in a manner required by him. B. At a minimum, the application shall state the name and address of the applicant, the nature, location, and purpose of the work to be performed, the name of the person who will perform the work, the date of commencement and date of completion of the work, and such other data as may reasonably be required by the City Engineer. C. The City Engineer may require that the application be accompanied by plans and/or specifi- cations showing the extent of the proposed work, the dimensions and elevations of the existing ground prior to any excavation, and of the other proposed elevated surfaces, the location of the work, and such other information as may reasonably be required by the City Engineer. D. The application shall be accompanied by the permit and inspection fees required by this Chapter. (Ord. 3018 §1 (part), 5/14/99; Ord. 2662 §1,12/27/91; Ord. 2166 §4,9/l/81) 11.08.050 Permit - Application Processing. ' A. The City Engineer shall examine each application to determine if it complies with the provi- sions of this Chapter. The City Engineer shall cause to be inspected the premises which are desired to be used, or otherwise ascertain any facts which may aid in determining whether a permit shall be granted. B. If the City Engineer finds that the application conforms to the requirements of this Chapter, ' and that the proposed work will not unduly interfere with the right of the public in the right-of-way, he may grant the permit. C. If an application is denied, the applicant may appeal the denial by the City Building Official to the Director of Public Works. The director of Public Works shall review the application, to ascertain that the denial is based upon nonconformance of the application with the terms of this Chapter, and/or a de- termination that the proposed work will interfere with the rights of the public in the right-of-way. Metropolitan Communications Consultants 1/5/2001 i I E. Related Ordinances page 90 ' Director of Public Works upholds the denial of the permit, the applicant may appeal the D. If the p p PP y PP Director of Public Works' denial to the City Council. The City Council shall review the application, on the same basis as the application was reviewed by the Director of the Department of Public Works. (Ord. 3018 §1 (part), 5/14/99; Ord. 2166 §5,9/1/81) 11.08.060 Permit -. Fee. A permit fee shall be charged by the City for the issuance of a permit for work in a right-of-way, , which fee shall be in addition to all other fees for permits or charges relative to any proposed work and . shall include the cost of restoration. The amount of such fee shall be established by the City Council by resolution, and may be changed by further resolution from time to time as may be necessary. (Ord. 2745 ' §2,1/29/93; Ord. 2166 §619/1/81) 11.08.065 Inspection - Fee - Deposit Required. After approval of the plans and specifications, the City Engineer shall provide the applicant with ' an estimate of the construction inspection fee which shall be separate from .and in addition to any permit fee. A permit for construction will be issued only after the permit fee has been paid, and deposit of the inspection fee has been made with the City Treasurer. If the City Engineer determines that the remaining ' funds on deposit are not adequate to pay for the inspections required to project completion, the applicant will be so notified and ,provided with an estimate of the amount of additional fee deposit required. This additional fee shall be deposited with the City Treasurer prior to depletion of the funds on deposit. Any monies unexpended' from the depositshall be refunded to the depositor upon completion and acceptance of`the project. (Ord. 2662§2,12/27/91) 11.08.070 Permit - Foran. A. The City shall provide each permittee a written permit. , B. It shall be the duty of the permittee hereunder to keep the permit posted ina. conspicuous place at the site of the work. C. It is unlawful for any person to exhibit such permit at or about any excavation not covered by , such permit, or to misrepresent the number of the permit, or the date of the expiration of the per- mt. (Ord. 2166 §7,9/1/81) 1108.080 Permit Requirement - Exemptions. ' The following work shall not require a permit: A. Any work performed by or under the direction of the City Engineer of the City, including work performed by employees of the City or any person contracting with the City; ' B. Any work within the external boundaries of a subdivision, for which approval has been given by the Council or other approving authority of the City. (Ord. 2166 §8,9/1/81) 1108_090 Performance Bond Required - Work in Excess of Thirty -Five Hundred Dollars. A permittee doing work whose fair market value is greater than thirty-five hundred dollars shall provide assurance to the City of completion of that work, by one of the following methods:- A. Furnishing a performance bond, approved as to surely, by the City Manager and as to form by ' the City Attorney, which bond shall be conditioned upon faithful completion of that portion of the work performed pursuant to the permit which will require completion by the City should the permittee or, his contractor default. The amount of such bond shall be determined by the City Engineer; ' B. Furnishing to the City an assignment of a savings account, or the placing in trust, of an; amount determinedby the City Engineer to be sufficient to assure completion of the work.. This savings account or trust shall be conditioned so that no amount may be removed therefrom without prior written approval of the City, and shallfurther provide that, if the work is not performed within the time limit set , by the permit, or not done to the satisfaction of the City, then the City may withdraw from the savings account or trust the amount necessary to complete the work. (Ord. 3018 §1 (part), 5/14/99; Ord. 2166 §91 9/1/81)_ '. Metropolitan Communications Consultants 1/5/2001 E Related Ordinances page 91 1108.100 Permittee -Indemnity to Save the City Harmless From Claims. As a condition of permit issuance, a permittee shall agree to save and hold the City harmless from, and defend the City against, any claims for personal injury or property damage arising out of or in any way connected. with, the performance by the permittee of any work within the rights-of-way of the City pursuant to the issued permit. (Ord. 2166 §10, 9/1/81) ' 11.08.110 Permittee - Liability Insurance Required. A. Any permittee receiving a permit under the terms of this Chapter, the fair market value of which is thirty-five hundred dollars or less, shall provide to the City satisfactory proof of the existence of. a comprehensive liability insurance policy, in an amount and form determined by the City Engineer or City Attorney, but in no event providing coverage of less thanfifty thousand dollars for personal injury to any one person, one hundred thousand dollars for injury to more than one person arising out of the same incident, and twenty thousand dollars for property damage, against claims arising pursuant to ' permits issued pursuant to this Chapter. The City shall further be provided with an endorsement to such policy, naming the City as an additional insured. B. Any permittee receiving a permit under the terms of this Chapter, the fair market value of ' which is over thirty-five hundred dollars, shall provide to the City satisfactory proof of the existence of a comprehensive liability insurance policy, in an amount and form determined by the City Engineer or City Attorney, but in no event providing coverage of less than two hundred thousand dollars for per- sonal injury to any one person, five hundred thousand dollars for injury to more than one person arising out of the same incident, and one hundred thousand dollars for property damage, against claims arising pursuant to permits issued pursuant to this Chapter. The City shall further be provided with an en- ' dorsement to such policy, naming the City as an additional insured. (Ord. 3018 §1 (part), 5/14/99;. Ord. 2166 §11, 9/1/81) 1108.120 Work -Applicable Standards - Generally. ' Except as otherwise provided in this Chapter, all work performed pursuant to a permit issued pursuant to this Chapter shall be done in accordance with the Standard Specifications for Road, Bridge and MunicipalConstruction issued by the Washington State Chapter of the American Public Works As- sociation and Department of Transportation, current edition. (Ord. 2745 §3,1/29/93; Ord. 2166 §12, 9/1/81); 1108.130 Additional' Specifications - Sidewalks. ' Where there is an existing cement concrete curb, any sidewalk installed or repaired in that loca- tion shall be constructed only with cement concrete or any equally satisfactory material approved by the City Engineer. (Ord. 2166 §13,9/1/81) 1108.140 Additional Specifications - Driweways. Driveways shall be constructed in accordance with the following specifications: A. The maximum single driveway width for lot frontage of seventy-five feet or less shall not ex- ceed twenty-five feet at the curb, excluding transitions. B. The maximum single driveway width for lot frontage exceeding seventy-five feet shall not ex- ceed thirty feet at the curb, excluding transitions. C. The minimum single driveway width shall be twelve feet at the curb, excluding transitions. D. Where two or more adjoining driveways are provided for the same property, a full curb height safety island of not less than fifteen feet, at the curb, must be provided. E. No driveway apron shall extend into the street further than the face of the curb. ' F. No driveway shall be located within twenty-five feet, including transitions, of a regular' cross- walk area at an intersection or any other designated crosswalk area. G. No driveway shall be located within ten feet, including transitions, of a side lot line. H. No driveway may located so as to conflict with power poles, street lights, fire hydrants, or other above -ground public facilities. (Ord. 2886 §1, 9/15/95; Ord. 2166 §14,9/l/81) Metropolitan Communications Consultants 1/5/2001 E. Related Ordinances page 92 ' Re 0 Performance of Work - Utili Facilities Protection Requirements. 11.08.22 tY q A. Permittee shall not interfere with any existing utilities without the written consent of the util- ity company or person owning the utility. ' B. If it is necessary to remove an existing utility, this shall be done by the owner, at the expense of the permittee: C. The permittee shall support and protect, by timbers or otherwise, all pipes, conduits, poles, wires or other apparatus which may in any way be affected by the work, and .do everything necessary to support,' sustain and protect those facilities. D. In case any of such utilities shall. be. damaged by the work, it shall be repaired by the owner ' thereof, at the expense' of the permittee. E. The permittee shall inform itself, prior to commencing work, as to the existence and location of all underground utilities and protect the same against damage, in accordance with the provisions of this Section. (Ord. 2166 §99,19/1/81) 11.08.230 Labilitp'for Damage to Streets. A. The permittee will be responsible for all damage of any kind to the streets or highways of the City as a result of performance of work under the terms of the permit granted pursuant to this Chap- ter, including damage done by mobile equipment required to be present at the site. B. All damage shall be repaired by the permittee, or if the City.Engineer determines, such dam- age shall be repaired by the City, and the cost thereof shall be billed to the permittee. , C. If, upon being ordered to repair the damage, the permittee fails to furnish the necessary labor and materials for the repairs, the City shall have the authority to cause: such labor and materials to be furnished by the City. and the; cost shall be charged against the permittee. (Ord. 2166 §23'9/Y81) 11.08.235 Excavations. It is unlawful for any person to leave unguarded any excavation within four feet of any street or other public place, or to fail to maintain the lateral support of any such public place. (Ord. 2229 §20(2), , 9/5/82; Ord. 1005 §15,7/15/34) 1108 240 Protective Measures, Barriers, and Lights Required. A. The permittee shall erect such fence, railing or barriers about the site of the excavation work and shall prevent danger to persons using the City streets or sidewalks, and such protective barriers shall be maintained until the work shall be completed or the danger removed. At twilight, there shall be placed upon such place of excavation, excavated materials, and upon the protective barriers, suitable and ' sufficient lights which shall be kept burning throughout the night during the maintenance of such ob- structions. B. It is unlawful for anyone to remove or tear down the fence or railing or other protective barri- ers or, any lights provided there for the protection of the public. (Ord. 2166 §24, 9/1/81) 1108 250 ExcavatedMaterial Maintenance Requirements. A. All material excavated from trenches and piled adjacent to the trench or in any street shall be ' properly maintained in such manner as not to endanger those working on the trench, pedestrians or, us- ers of the streets, so that as little inconvenience as possible is caused to those using the streets and adjoin- ing property. ' B. Where the confines of the area being excavated are too narrow to permit the piling of exca- vated materials beside the trench, the City Engineer shall have the authority to require that the permittee haul the excavated material to a storage site, and then rehaul it to the trench site at the time of backfiII ing. It is the permittee's responsibility to secure the necessary, permission and make all necessary ar- , rangements for all required storage and disposal` (Ord. 2166§25, 9/1/81) 1108.260 Qeanup Requirements. A. At the conclusion of the work at a particular site, all streets and private property shall be ' thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. B. Such cleanup work shall. be performed within twenty-four hours of conclusion of the work, or Metropolitan Communications Consultants 1/5/2001 E. Related Ordinances page 93 as otherwise directed by the City Engineer, and at the expense of the permittee. Should the permittee, af- ter having received an order to do so, failed to clean up such refuse, such work shall be done by the City, ' either by itself or by contractor, and the cost thereof charged to the permittee.. (Ord. 2166 §26, 9/1/81) 11.08.270 Watercourses, Sewers and Drains - Protection. A. The permittee shall provide for the flow of all watercourses, sewers or drains which are in ' volved in the work, and shall replace the same in as good condition as it found them or shall make such provisions for them as the City Engineer may direct. B. The permittee shall not obstruct the gutter of any street, but shall use all proper measures to provide for the free passage of surface water. 1 C. The permittee shall make provisions to take care of all surplus water, muck, silt, or other run- off pumped or resulting from the work, and shall be responsible for any damages resulting from his fail- ure to so provide. (Ord. 2166 §27,9/l/81) 11.08.280 Breaking Through Existing Pavement. A. If, in the performance of any work, it is necessary to break through existing pavement, the pavement shall be removed to at least six inches beyond the outer limits of any subgrade that in to be dis- turbed, in order to prevent settlement, and a six-inch shoulder of undisturbed material shall be provided on each side of the excavated trench. Pavement shall be vertical. B. A power driven concrete saw shall be used so as to prevent complete breakage of concrete pavement or base without ragged edges. Asphalt paving shall be scored or otherwise cut in a straight line. No pile driver may be used in breaking up existing pavement. (Ord. 2166 §28,9/l/81) 11.08.290 Tunnels: ' Tunnels under pavement shall not be allowed, except where required or permitted by the City Engineer.. Where tunneling is performed under thoroughfares, concrete streets, state highways, asphalt streets, or wherever otherwise designated by the City Engineer, such work shall be done by the jacking or boring of casings under the street surface, and placing pipes or cables inside of such casings. (Ord. 2166 §29,9/l/81 11.08.300 Backfilling - Requirements. Controlled density backfill (CDF) material will be required in any excavated area occurring in any portion of a paved street or alley to within one (1) foot behind the curb or edge of paving, unless otherwise approved in advance of construction by the City Engineer.; (Ord. 3018 §1 (part), 5/14/99;. ' 2166 §30,9/l/81) 11.08.31 Surface Restoration. A. Permittee shall compact the backfill to the top of the trench, and shall then notify the City En- ' gineer that the excavation and backfill work is complete. B. The permanent restoration of the streets shall be made by the City, after the permittee has completed his work. ' C. The permittee may be required to place a temporary surface over openings made in paved traffic lanes.When such temporary surface is required, the fill above the bottom of the paving slab shall be made with suitable material, in accordance with Section 11.08.300,' and this fill shall then be topped with a minimum of at least one -inch bituminous mixture, which is suitable to maintain the opening in good condition until permanent restoration can be made. The crown of such temporary restoration shall' not exceed one inch above the adjoining pavement. The permittee shall exercise special care in making such temporary restorations, and must maintain such restoration in a safe traveling condition until such ' time as a permanent restoration can be made. Asphalt which is used shall be in accordance with specifications of the City Engineer. D. If, in the judgment of the City Engineer, it is not expedient or necessary to replace the pave- ment over any cut or excavation made in the street, upon completion of the work allowed under such permit, by reason of the looseness of the earth or weather conditions, he may direct the permittee to lay a temporary pavement of wood, asphalt, or other suitable material designated by him over such cut or ' excavation, to remain until such time as repair of the original pavement maybe properly made. Metropolitan Communications Consultants 1/5/2001 E. Related Ordinances page 94 ' cavation, to remain until such time as repair of the original pavement may be properly made. E. Acceptance or approval of any work by the City Engineer shall not prevent the City from asserting a claim against the permittee for incomplete or defective work, if it is discovered within twelve months from the completion of the work. The City Engineer's presence during the performance of any excavation work shall not relieve the permittee of its responsibilities hereunder. (Ord. 2166 §31, 9/1/81) 11.08.330 Workto be Completed Promptly. The permittee shall prosecute with diligence and expedite all work, and shall promptly complete ' such work and restore the street in accordance with the provisions of this Chapter, as soon as practicable, and in any event, not later than the date specified in the permit. (Ord. 2166 §22, 9/1/81) 11.08.340 Urgent Work. If, in the judgment of the City Engineer, traffic condition, the safety or convenience of the travel- ing public, or the public interest require that the excavation work be performed in a shorter period than otherwise possible, the City Engineer may order, at the time the permit is granted, that a crew of men ' and adequate facilities be employed by the permittee greater than eight hours per day, to the end that such excavation work may be completed as soon as possible. (Ord. 2166 §34,9/l/81) 11.08.350 Noise, Dust, and Debris Restrictions. ' A. Each permittee shall conduct and carry out the excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring prop- erty. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the per- , formance of the excavation work noise, dust, and unsightly debris. B. Between the hours of ten p.m. and seven a.m., the permittee shall not use, except with the ex- press written permission of the City Engineer, any tool, appliance or equipment producing noise of suffi- cient volume to disturb the sleep or repose of occupants in the neighboring property. (Ord. 2166 §35, 9/1/81) 11.08.360 Monuments. The permittee shall not disturb any surface monuments or hubs found in the line of excavation work, until authorized to do so by the City Engineer. All street monuments, property corners, bench marks and other monuments disturbed by the progress of the work shall be replaced by the City Engi- neer, and the cost of the same shall be paid by the permittee. (Ord. 2166 §36,9/l/81) 11.08.370 Inspections. The City Engineer shall make such inspections as are reasonably necessary in the enforcement of , this Chapter. The City Engineer shall have the authority to promulgate and cause to be enforced such rules and regulations as must be reasonably necessary to enforce and carry out the intent of this Chap- ter. (Ord. 2166 §37,9/l/81) 11.08.380 As -built Drawings. A. The City reserves the right to reject any installation not inspected and approved by the De- partment of Public Works. ' B. Upon completion of the work, the applicant shall provide the Department of Public Works with as -built drawings, except those exempted by the City Engineer, in a form acceptable to the City En- gineer that accurately depict the work performed. , C. No construction work will be accepted or approved until satisfactory as -built drawings are provided. (Ord. 2662 §3,12/27/91; Ord. 2166 §38,9/l/81) 11.08.390 Limitation of Liability. , This Chapter shall not be construed as imposing upon the City or any official or employee any liability or responsibility for damages to any person injured with the performance of any work for which a permit has been issued. The City and its officials or employees shall not be deemed to have assumed , any liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit, or the approval of any work. (Ord. 2166 §39,9/l/81) Metropolitan Communications Consultants 1/5/2001 E. Related Ordinances page 95 11.08.400 Violation- Penalty. Any person violating any provision of this Chapter is guilty of a misdemeanor, and shall be pun- ished by a fine not to exceed five hundred dollars. Each day that a violation continues shall constitute a separate offense. (Ord. 2166§40,9/l/81) Metropolitan Communications Consultants 1/5/2001 E. Related Ordinances page 96 5. Chapter 11.12 Right -of -Way Use, Draft 3 Sections: ' 11.12.010 Definitions. 11.12.020 Obstruction of Streets - Prohibited. 11.12.030 Obstruction of Streets - Permitted Exceptions. ' 11.12.040 Obstruction of Unopened Streets - Permit Required. 11.12.050 Obstruction of Right -of -Way - Permit Required. 11.12.060 Obstruction of Sidewalks and Planting Strips Prohibited. ' 11.12.070 Obstruction of Sidewalks - Removal of Ice, Snow, Dirt and Other Accumulations. 11.12.080 Obstruction of Sidewalks and Planting Strips - Exceptions Without Permit. ' 11.12.090 Obstruction of Sidewalks - Permit Required. 11.12.100 Permit - Processing. 11.12.110 Permit - Issuance by Department of Public Works. , 11.12.120 Application - Fee. 11.12.130 Obstructions - Standards. , 11.12.140 Permit - Conditions. 11.12.150 Permit - Terminable at Will - Appeals. 11.12.160 Prohibited Obstructions - Declared Nuisances. , 11.12.170 Violations. , 11.12.010 Definitions. For the purpose of this Chapter, the following words have the meaning designated herein unless the context indicates otherwise: A. "City" means the City of Port Angeles. ' B. "City Council' or "Council' means the City Council of the City of Port Angeles. C. "Director of Public Works" means the Director of the Public Works and Utilities Department of the City of Port Angeles or his authorized designee. , D. "Exhibition" means a display of goods or articles for a period of not less than eleven (11) consecutive calendar days, open to the public, wherein not less than seven (7) persons under the sponsorship of the applicant exhibit goods or articles and where any such goods or articles are sold or , offered for sale at retail or are displayed upon the public streets or rights-of-way of the City. Examples of exhibitions are: Agricultural show, industrial show, sports show, trade show, sidewalk sales, street fairs, - public markets, carnivals, parades, demonstrations, running events, and civic -sponsored events. ' E. "Permit" means a "Right -of -Way Use Permit" issued by the Department of Public Works. F. "Planting strip" means that portion of the right-of-way, if any, between a street and the adjacent sidewalk. G. "Right-of-way" means: ' (1) A dedicated or owned right-of-way of the City, between the outer boundaries thereof, within which may be located a street, highway, sidewalk, alley, avenue or other structure used for pedes- trian or vehicular traffic, or a utility structure or appurtenance. A right-of-way or easement is included ' within the definition of "Right -of -Way" whether such right-of-way or easement is currently used or not. (2) Land acquired or dedicated for a street, highway, sidewalk, alley, avenue or other structure used for pedestrian or vehicular traffic, or a utility structure or appurtenance and easements ' which, under the city Charter, the PAMC, city ordinances, and applicable laws, the city has authority to grant master permits, franchises, licenses or leases for use thereof, use permits, or has regulatory author - Metropolitan Communications Consultants 1/5/2001 E. Related Ordinances page 97 ' i ' thereover, and as may be more specifically defined in the master permit, license or lease granting an ty Y P Y p �' g Y. right to or use. thereof.' ' (3) "Rights -of -Way" for the purpose of this Chapter do not include buildings, parks, poles, conduits or. similar facilities or property owned by or leased to the city, including, by way, of ex- ample and not limitation, structures in the public way such as"utility poles, light poles and bridges. H. "Sidewalk" means that portion of the right-of-way, if any, which is designed for pedestrian ' use, adjacent and parallel to a street. "Sidewalk" includes. the area which would otherwise be a planting strip, if the area .is either covered with cement or is otherwise used for pedestrian travel. " I. "Street" means that portion of the right-of-way, if any, which is used for vehicular travel, including alleys. j. "Unopened right-of-way" means a right-of-way which is not used for either, pedestrian or ' vehicular travel. (Ord: 3018 §2 (part), 5/14/99; Ord. 3007 §1(part),1/15/99; Ord. 2350 §1, 7/23/85} 11.12020 Obstruction of Streets - Prohibited Except as may specifically provided by,this Chapter, it is unlawful to erect, maintain or allow to remain on any street in the City a. permanent or temporary structure or thing which in any way ob- ' structs, hinders, jeopardizes, injures or delays the use of the street for either vehicular or pedestrian travel; provided, that the City may close any street or alley at any time. The street or alley may be closed on a temporary basis when the Director of Public Works, the Chief of Police and/or the Fire Chief deter- mines such closure to be necessary to protect the public health, safety or welfare. A street or alley may be closed permanently upon approval of the City Council (Ord. 3018 §2 (part), 5/14/99; Ord. 2350. §11 7/23/85) 1112030 Obstruction of Streets - Permitted Exceptions. ' Notwithstanding the provisions of Section 11.12.020 of this Chapter, construction or excavation work shall be exempt from the terms of this Chapter, provided that a permit for such work issued under Chapter 11.08 of this Code shall constitute the permit necessary for such work. (Ord. 2350 §1, 7/23/85) ' 1112.040 Obstruction of Unopened Streets - Permit Required. Notwithstanding the provisions of Section 11.12.020 of this Chapter, a permit for an obstruction of an unopened or unoccupied street of the City for a period not to exceed one year may be issued by the Di- rector of Public Works; provided, however, that no such permits shall be issued to any person, firm, or corporation which does not own the underlying fee title to the portion of the street sought to be ob- structed, and no such permit shall be transferable. (Ord. 2350 §1, 7/23/85) ' 1112050 Obstruction of Right -of -Way - Permit Required. Notwithstanding the provisions of Section 11.12.020 of this Chapter, the following obstructions of right- of-way may be permitted if a permittherefor is obtained -from the City under this Chapter; provided that ' the Director of Public Works and the Chief of Police shalldeterminewhat traffic barricades, if any, are necessary, and the City will provide such barricades and shall be reimbursed therefor by the applicant: A. Exhibitions; ' B. Temporary devices such as scaffolding, barricades and/or pedestrian walkways, which may be permitted under certain conditions as specified by the City Engineer, where the right-of-way use is necessary to improve the safety of construction work on private property and where an excavation per- mit is not required. (Ord. 2350 §1, 7/23/85) 1112060 Obstruction of Sidewalks and Planting Strips Prohibited. Except as may be specifically provided by this Chapter, it is unlawful to erect, maintain or allow to re- main onm orar permanent structure or thin which any sidewalk or planting strip of the City any to or p y p g ' in any way obstructs, hinders, jeopardizes, injures or delays the use of the sidewalk or planting strip for pedestrian traffic; or hinders or obstructs the use of the adjacent street for vehicular traffic, including, but not limited to, structures or devices used for advertising an adjacent business, the use of the sidewalk for sale or display of merchandise, except as otherwise provided by this Chapter. (Ord. 2350 §1, 7/23/85) J Metropolitan Communications Consultants 1/5/2001 E. Related Ordinances page 98 i 11.M070 Obstruction of Sidewalks - Removal of Ice, Snow, Dirt and Other Accumulations. A. When the obstruction of a sidewalk consists of either ice, snow, mud, dirt, earth, plant refuse, , paper, debris or other accumulated material, the abutting property owner shall, within twenty-four hours after the deposit of such material upon such sidewalk, remove such material from that portion of ' the sidewalk upon which such owner's property abuts. B. Any accumulationof ice, snow, mud, dirt, earth, and -plant refuse, paper, debris or other mate- rial that shall remain more thanforty-eight hours upon a sidewalk is hereby declared a public nui- sance. When the owner of the abutting property refuses to comply with the requirements of Subsection A of this Section after demand therefor by either the Director of Public Works or the Chief of Police of the City, the Public WorksDepartment, under the direction of the Chief of Police, shall cause such accumula- tion constituting a nuisance to be removed. All expenses of such removal, including the costs of litiga- tion, if necessary, shall be chargeable to the owner or other person having charge of the abutting prop- erty. (Ord. 2350 §1, 7/23/85) , 11.12080 Obstruction of Sidewalks and Planting Strips - Exceptions Without Permit Notwithstanding the provisions of Section 11.12.060 of this Chapter, the following obstructions shall be permitted on sidewalks or planting strips without a permit: A. Merchandise being moved into or out of an adjacent business, provided that such merchan- 1 dise does not remain on the sidewalk or planting strip for. more than eight hours; B. Fire. hydrants; C. Planters and other landscaping placed by the City; D. Benches and bicycle racks placed by the City; E. Telephone, .telegraph and light poles, placed either, by the City or pursuant to franchise granted; by the City; F. Flagpoles or standards therefor placed by the City; G. Traffic -control devices placed by the City; H. Refuse containers and materials set our for refuse and recyclables collection, either placed di- , rectly by the City, or where the location of the container is on a sidewalk or planting strip as required by the City; I, Newspaper dispensers or news racks; J. Solicitation by civic or, non-profit organizations; ' K. Landscaping that is semipermanent in nature that can be removed from the sidewalk area or planting strip at the expense of the owner- upon notice by the City. Such landscaping shall be less than thirty (30) inches above the established grade at the curb line or roadway shoulder. area. Such landscap ing shall include fences that are less than thirty (30) inches in height. L. Street musicians, which are hereby permitted outright without any other permit required to be obtained from the City; provided that normal public use of the right-of-way is not interfered with and ' that the public safety is not impaired, as determined by the Director of Public Works, the Chief of Police, or their respective designees. M. Any other obstruction sought to be placed upon a sidewalk by the City for a public pur- -pose. (Ord. 3018 §2 (part), 5/14/99; Ord: 2350§1, 7/23/85) 1112090 Obstruction of Sidewalks or Planting Strips - Permit Required. Notwithstanding the provisions of Section 11.12.060 of this Chapter, the following obstructions of side- ' walks or planting strips may be, permitted, if a permit therefor is obtained from the City under this Chap- ter: A. Benches; B. Litter receptacles; , C. Clocks; D Bicycle racks placed by private parties, E. Telephone booths; , F. Private planters and other landscaping higher than thirty (30) inches above the established grade at curb line or roadway shoulder, including street trees planted in accordance with City stan- Metropolitan Communications Consultants 1/5/2001 E. Related Ordinances page 99 ' dards; G. Additions to the facades of buildings existing on the effective date of this Chapter, which buildings are built up to the right-of-way line of the public street; provided that such addition shall not exceed six inches in width; H. Sidewalk cafes, provided that such permit shall last for one calendar year and must be re- newed" each year; I. Any other sidewalk or planting strip obstruction which is determined to provide a public bene- fit, although the obstruction constitutes a private use of the public street; J. Fences, retaining walls, terracing, and other similar structures; K. Retail stands which are approved in accordance with PAMC Chapter 17.26. (Ord. 3018 §2 (part), 5/14/99; Ord. 3007 §1 (part), 1/15/99; Ord. 2350 §1, 7/23/85) 11.12.100 Permit Processing. ' A. Application for a permit for a street, sidewalk or planting strip obstruction under Sections of this Chapter shall be made to the Department of Public Works upon a form provided by that Depart- ment. B. The application for a permit shall contain such information as is required by the Department of Public Works, including, but not limited to: 1. A description of the obstruction; 2. Drawings and specifications for the obstruction, sufficient so that its compliance with this Chapter may be reviewed by the Department; 3. A description of the method of compliance with the standards for installations for sidewalk obstructions established by provisions of this Chapter. C. Upon receipt of an application, the Department of Public Works shall forward the application to such City Departments as the Director of the Public Works Department shall deem appropriate for comment. Such comments shall be received by the Director within fourteen days of forwarding the application for comment. (Ord. 2350 §1, 7/23/85) 11.12.110 Permit - Issuance by Department of Public Works. A. For permit sought under this Chapter, the Department of Public Works shall determine ' whether the application complies with the standards and terms of this Chapter. If the application does comply with this Chapter and is in the public interest, the Public Works Department may issue a permit for the placement of an obstruction. B. If the Public Works Department denies the permit, it shall so indicate to the applicant in writing, stating the reasons for the denial. C. The applicant for the permit may appeal such denial to the City Council for review. A written notice of appeal shall be made to the City Clerk within thirteen days of mailing by certified mail, or ten tdays of personal delivery, of the denial by Public Works Department. D. At its next meeting after receipt of the appeal, the City Council shall determine, based upon the report of the Public Works Department, whether the application complies with the terms and stan- dards of this Chapter. The City Council may affirm or reverse, or affirm with alterations, the action of the Department of Public Works. In such a review by the City Council, the applicant for the permit shall be afforded the opportunity to be heard by the Council. E. The Council shall make written findings of fact supporting its determination, which shall be entered into the minutes of the Council. (Ord. 2350 §1, 7/23/85) 11.12.120 Application - Fee. ' The application, including applications for renewals, shall be accompanied by the necessary application fee, asset forth in Chapter 3.70. (Ord. 3018-§2 (part), 5/14/99; Ord. 2350 §1; 7/23/85) 11.12.130 Obstructions - Standards. Each obstruction proposed to be placed upon a sidewalk, street or planting strip of the City shall comply, at a minimum, with the following standards: A. The location of the obstruction shall not be inconsistent with the paramount right of the public to use the street, sidewalk or planting strip for transportation purposes. Metropolitan Communications Consultants 1/5/2001 E. Related Ordinances page 101 A. Any permit issued pursuant to this Chapter is subject to termination upon written notification 1 by the City Public Works Department at any time, without cause, and the permit shall so state on its face. B. Any person who has a permit terminated may appeal such termination to the City Council, by, giving written notice of such appeal, within thirteen days of mailing by certified mail, or ten days by per- sonal er sonal delivery, of the termination by the Public Works Department. The City Council shall consider the appeal at its next possible public meeting after the filing of the notice of appeal, and may uphold or re- verse the termination. (Ord. 2350 §1, 7/23/85) 1 11.12160 Prohibited Obstructions - Declared Nuisance. All obstructions not in conformance with the terms of this Chapter of the Port Angeles Municipal Code, are hereby declared to be nuisances, and such obstructions may be abated in accordance with the 1 procedures of Chapter 8.04 of this Code, except that signs or other objects located within City right-of- way, which arenotin conformance with the terms of this Chapter, may be removed by the City without notice and destroyed. (Ord. 2350 §l, 7/23/85) 1 11.12170 Violations. Any person, violating any provision of this Chapter or Chapter 11.12 of the Port Angeles Munici- pal Code shall be guilty of a Class II misdemeanor and sentenced according to Title 9 of this Code; pro- 1 vided, that any person who has been convicted, pled guilty or forfeited bail, within two years prior to the date of the incident or incidents forming the basis of a charge, to a previous crime under this Chapter, shall be guilty of a Class I misdemeanor and sentenced according to Title 9 of this Code., Each day that a violation continues shall constitute a separate offense.. (Ord. 2350 §1, 7/23/85) 1 is 1 1 i 1 1: 1 1 Metropolitan Communications Consultants 1/5/2001 F. Appendices page 103 -, " "network "tele telephone service," one service hone :.Appendix 2: RCW 82.04.065 ...Competitive telephone p p service," "telephone business." (1) "Competitive telephone service" means the providing by any person of telecommunications equipment or apparatus, or service related to that equipment or apparatus such as repair or main- tenance service, if the equipment or apparatus is of a type whichcan be provided by persons that are not subject to regulation as telephone companies under Title 80 RCW and for which a separate ' charge is made.. (1) "Network telephone service", means • the providing by any person of access to a local telephone network, local telephone network ' switching service, toll service, or coin telephone services, or • the providing of telephonic, video, data, or similar communication or transmission for hire, via a local telephone network, toll line or channel, cable, microwave, or similar communication or - transmission system. "Network telephone service" includes • interstate service, including toll service, originating from or received on telecommunications equipment or apparatus in this state if the charge for the service is billed to a person in this state. "Network telephone service" includes • the provision of transmission to and from the site of an internet provider via a local telephone r network, toll line or channel, cable, microwave, or similar communication or transmission sys- tem. "Network telephone service" does not include - the providing of competitive telephone service, the providing of cable television service, nor • the providing of broadcast services by radio or television stations, nor the provision of Internet service as defined in RCW 82.04.297, including the reception of "dial - in connection, provided at the site of the internet service provider. (2) "Telephone service means competitive telephone service or network telephone service, or both, as ;. defined in subsections '(1) and (2) of this section. (3) "Telephone business" means the business of providing network telephone service, as defined in subsection (2) of this section. It includes cooperative or farmer line telephone companies or asso- sso-ciations c iia tionsoperating an exchange. [1997 c 304 § 5;1983 2nd ex.s. c 3 § 24 Metropolitan Communications Consultants 1/5/2001 • • NGELES COUNCIL DATE: January 16, 2001 TO: MAYOR DOYLE AND CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works and Utilities SUBJECT: Amendment No. 1 to Agreement with Zenovic and Associates to Provide Engineering Services for the Centennial Trail Project No.99-19 Summary: Unanticipated review agency requirements for the Centennial Trails Project Biological Assessment have resulted in additional work for final approval. Public Works Utility Engineering has reviewed the added work and agrees that an amendment in the amount not to exceed $8,500.00 is reasonable to complete work for approval of the Biological Assessment. Recommendation: Authorize the Mayor to sign the Supplemental Agreement (Amendment No. 1) in the additional amount of $8,500.00 to the current agreement with Zenovic and Associates. This amendment will increase the total not to exceed fee of this agreement to $46,450.00 Background / Analysis: At the March 7, 2000 City Council meeting the Council authorized signing an agreement with Zenovic and Associates to provide permitting and design services for the Centennial Trail between Rayonier and Lee's Creek. In addition, our agreement included preparation of a Biological Assessment (BA) for the project as well as that portion of the Centennial Trail extending easterly to Morse Creek. The BA is required since the project is funded through an ISTEA Enhancement Grant which covers 86.5% of the costs. The BA is being prepared by The Coot Company, a subconsultant to Zenovic and Associates. The Coot Company is well qualified in the field and has a reputation of working closely with the BA reviewing agencies on issues regarding wetlands and wildlife. Due to continuing changes in reviewing agency requirements, the BA has not been approved. These changes are beyond the control of the subconsultant and were not anticipated in the original project scope. The additional funding for the Coot Company to complete the BA is $7,000.00. Additionally, Zenovic and Associates has requested additional funding of $1,500.00 to support the added BA work and other out of scope services. The total increase request is $8,500.00 which will increase the total not to exceed fee to $46,450.00. Public Works Utility Engineering has reviewed the basis for the added fees and supports the request. The increased design fee remains within the total approved ISTEA Enhancement funding design budget of $69,000.00. The anticipated added City matching fund requirement is 13.5% of the increase or $1,147.50. N:\PROJECTS\99-19\CONSULT\ccsuppl.wpd 3 L` Aim � Washington State VI/ Department of Transportation The Local Agency of City of Port Angeles desires to supplement the agreement entered into with Zenovic & Associates, Inc. and executed on 3/7/2000 and identified as Agreement No. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: 1 Section 1, SCOPE OF WORK, is hereby changed to read: Additional wort, needed to comnlete the Biological Asssessment The—additional work to he performed is as outlined in Exhihi "B" II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: the nus=1 completion date is- Tune 30, 2001 111 Section V, PAYMENT, shall be amended as follows: The !tel N91 TT T A NT L ll L id L. th A CTFW •y for completed work and ceryiceg rendered under the 1 II � CON91 11 1 /'11Y 1 .111 all IlG Il 91 IPP E IT NT A T as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you -concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: 4tenhen M Zenovic,P_F._ By: Tarry Th le, h4=r onsultant Signature DOT Form 140-063 EF Revised 10/97 Approving Authority Signature Organization and Address Supplemental Agreement Zenovic & Associates, Inc. 519 S. Peabody #4 Port Angeles, WA 98362 Agreement Number 1 Project Number Phone Project No. 99-19 (360) 417-0501 Project Title New Maximum Amount Payable Centennial Trail $ 46,450.00 Description of Work Provide additional permit coordination work of the Biological Assessment and additional technical support in the preparation of the BA report. The Local Agency of City of Port Angeles desires to supplement the agreement entered into with Zenovic & Associates, Inc. and executed on 3/7/2000 and identified as Agreement No. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: 1 Section 1, SCOPE OF WORK, is hereby changed to read: Additional wort, needed to comnlete the Biological Asssessment The—additional work to he performed is as outlined in Exhihi "B" II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: the nus=1 completion date is- Tune 30, 2001 111 Section V, PAYMENT, shall be amended as follows: The !tel N91 TT T A NT L ll L id L. th A CTFW •y for completed work and ceryiceg rendered under the 1 II � CON91 11 1 /'11Y 1 .111 all IlG Il 91 IPP E IT NT A T as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you -concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: 4tenhen M Zenovic,P_F._ By: Tarry Th le, h4=r onsultant Signature DOT Form 140-063 EF Revised 10/97 Approving Authority Signature EXHIBIT "A" PAYMENT The funding increases are as follows: Subconsultant [Biological Assessment] Zenovic & Associates, Inc. [Additional services for BA] Zenovic & Associates, Inc. [Inspection services] TOTAL EXHIBIT "B" SCOPE OF WORK $ 7,000.00 $1,000.00 500.00 $ 8,500.00 Additional work in completing the Biological Assessment for the Centennial Trail project. Work includes redrafts and resubmittals to WSDOT for final approval of the Biological Assessment report. Additional engineering and surveying services in connection with the Biological Assessment report. Inspection services for the clearing, preliminary grading and drainage improvements on the Centennial Trail project. 45 • • • • • • CITY COUNCIL MEETING Port Angeles, Washington January 2, 2001 CALL TO ORDER - Mayor Doyle called the regular meeting of the Port Angeles City Council to order at REGULAR MEETING: 6:00 p.m. ROLL CALL: 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, G. Cutler, D. McKeen, T. Riepe, G. Kenworthy, and T. Smith. Public Present: L. Lee. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Doyle. ALLEGIANCE: CEREMONIAL None. MATTERS/ PROCLAMATIONS: WORK SESSION: None. LATE ITEMS TO BE None. PLACED ON THIS OR FUTURE AGENDA: FINANCE: 1. United States Department of Agriculture Wildlife Management Services Service Agreement with Mayor Doyle summarized the memorandum submitted by Public Works and Utilities USDA on the matter of executing a new Work and Financial Plan with the USDA. Director Cutler reported that the City has received positive reports with regard to the efforts to control wildlife at the Landfill. In the discussion that followed, Mayor Doyle inquired if there were other animals besides birds that were being managed at the Landfill. Director Cutler responded that there are few, if any, problems with other animals. The Department of Agriculture provides the City with a report at the end of the year that contains compiled data on the management of species at the Landfill. This report is used for the permit extension application that is submitted to the County. Mayor Doyle referenced the signature page of the agreement, inquiring if the agreement is with the City of Port Angeles or with the Port Angeles Public Works Department. Attorney Knutson indicated the agreement is with the City. Councilmember McKeown moved to authorize the Mayor to sign the Work Plan/Financial Plan with the Department of Agriculture to provide wildlife management services through January 30, 2002. Councilmember Erickson seconded the motion, which carried the motion unanimously. _1_ 5 CITY COUNCIL MEETING January 2, 2001 CONSENT AGENDA: Mayor Doyle offered a correction to the City Council minutes on Page 7, paragraph two, in that the vote on the motion reflected passage by 5-1. As there were no oppositions to the motion, the vote should reflect passage by 6-0, with Councilman Williams abstaining. Councilmember Erickson moved to accept the Consent Agenda with the corrections noted, to include the City Council minutes of the 40 December 19, 2000, regular meeting. Councilman Campbell seconded the motion. Councilmember McKeown asked for clarification on abstaining from a vote and whether abstaining is counted as a "yes" vote. Attorney Knutson replied that the City Council has adopted Roberts Rules of Order in the Council Rules of Procedure. However, the Council Rules of Procedure also have a specific provision as to what is a "yes" and "no" vote. If a Councilmember does not vote and no conflict of interest or other excusable reason for not voting is stated, then it is considered a vote in favor. If it is made clear that there is a conflict of interest, then the vote does not count toward a "yes" or "no" vote. A vote was taken on the motion, which carried unanimously. CITY COUNCIL Councilmembers Campbell, Erickson, Hulett, McKeown, Wiggins, and Williams had CONMETTEE no report. REPORTS: Mayor Doyle reported that he and Councilmembers Williams and McKeown attended the Outstanding Performance Award luncheon on December 21, 2000. On December 28, 2000, the Mayor and Clerk Upton signed the documents for the Langley property acquisition and easement at Morse Creek. On December 29, 2000, Mayor Doyle attended the swearing-in ceremony of the new County Auditor. Mayor Doyle offered congratulations to Councilmember McKeown on this appointment. ORDINANCES NOT None. REQUIRING PUBLIC HEARINGS: RESOLUTIONS: Earthquake -Tsunami Hazard Reduction Study Proposal: Earthquake -Tsunami Mayor Doyle reviewed the memorandum submitted by Community Development Hazard Reduction Director Collins in regards to the Washington Sea Grant Program. The City of Port Proposal Angeles, along with the Port of Port Angeles, must agree to participate in this program Resolution No. 1-01 if the City is selected for the Earthquake -Tsunami Study. Manager Quinn added that the Resolution had been forwarded to the Port of Port Angeles, which will be discussing this topic at a presentation next week. Mayor Doyle noted there was to be no cost to the City as relates to this study, and Councilman Campbell indicated the University of Washington was conducting this survey in order to inform the City of potential problems that could result from a tsunami or an earthquake. It would then be up to the City to determine if engineering studies should be done in order to mitigate those potential problems. There would be no cost involved in this project unless the City chooses to add additional costs. Councilman Campbell felt this is an opportunity the City should take advantage of, as there is no indication now that there will be any cost. Mayor Doyle referred to the resolution and noted the clause stating the City of Port Angeles had experienced devastating tsunamis and earthquakes in the past. He asked if this pertained to recent history, and Director Collins stated this occurred in 900 A.D. Mayor Doyle read the Resolution by title, entitled: C • CITY COUNCIL MEETING January 2, 2001 RESOLUTIONS: RESOLUTION NO. 1-01 (Cont' d) A RESOLUTION of the City Council of the City of Port Angeles, Earthquake -Tsunami Washington, agreeing to participate in the Sea Grant Program's Hazard Reduction Earthquake -Tsunami Hazard Reduction Study. Proposal Resolution No. 1-01 Councilmember McKeown moved to pass the Resolution as read by title, (Cont'd) eliminating the sentence referring to the devastation in 900 AD. Councilman Williams seconded the motion, which carried unanimously. OTHER 1. Board and Commission Vacancies CONSIDERATIONS: Mayor Doyle summarized the memorandum submitted by Clerk Upton setting forth the Board/Commission recommended reappointments to City Boards, Commissions, and Committees. Mayor Vacancies Doyle asked for a motion to reappoint Mr. Corson and Mr. Melton to the Downtown Forward Executive Committee, Mr. John Brewer to the Lodging Tax Advisory Committee, Mr. Fredric Hewins to the Planning Commission, and Messrs. Beil, Jones, and Wilcox to the Law Enforcement Advisory Board. Councilman Wiggins moved to appoint those members as presented. Councilmember McKeown seconded the motion, which carried unanimously. Mayor Doyle then asked for a motion to direct staff to seek applicants to fill vacancies on the Economic Development Steering Committee; Planning Commission; Board of Adjustment; Parks, Recreation & Beautification Commission; Cable TV Government and Education Channel Advisory Committee; and the Law Enforcement Board. Councilman Williams moved to advertise for new members as presented. Councilman Campbell seconded the motion, which carried unanimously. Mayor Doyle reviewed the information specific to the Non -Motorized Advisory Committee. He indicated the City Manager had suggested the members be reappointed for an additional year, during which time Parks Director Connelly could work with the group on certain projects. Councilmember McKeown moved to sanction the Non - Motorized Committee as an advisory committee for an additional year for the period, March 1, 2001 - February 28, 2002. Councilman Wiggins seconded the motion, which carried unanimously. 2001 Employee Contract 2. 2001 Employee Contract Amendment (City Manager) Amendment (City Manager) The memorandum from the City Manager was reviewed by Mayor Doyle, after which Councilman Campbell moved to approve the amendment to the City Manager employment agreement. The motion was seconded by Councilman Williams and carried unanimously. PUBLIC HEARINGS None. QUASI-JUDICIAL: PUBLIC HEARINGS - None. OTHER: INFORMATION: City Manager's Report: Manager Quinn briefly reviewed the contents of the calendar, pointing out the AWC Legislative Conference to be held February 14 - 15, City Manager's Report 2001. Manager Quinn also stated that, for the first City Council meeting each month, there will be status reports provided on various City projects. Discussion ensued on a cost benefit analysis being done by the Police Department on the possibility of obtaining front -wheel drive vehicles for operational and performance savings. Additionally, discussion was held concerning job costing and a performance based CITY COUNCIL MEETING January 2, 2001 INFORMATION: budgeting system. Manager Quinn replied that the City had been following individual (Cont'd) programs and projects in functional accounting, so the City can keep track of specific project expenses. Job costing will help obtain performance goals and analyze the needs City Manager's Report of the City while maximizing effectivity and output. (Cont' d) With regard to the calendar, Councilmember McKeown made the correction that the Downtown Forward Committee will not be meeting on January 22, 2001, but will be meeting on January 8, 2001. Councilman Wiggins noted there has been a substantial amount of work put into the Elwha Damn mitigation, and the City is working diligently to make sure the Government knows how much this project will cost. Gateway Update Manager Quinn reviewed the original goals set forth for the Gateway project, noting that the next 30-60 days are critical in salvaging this project with a compromise. The current plan is for City and Transit staff to meet to answer questions, meet with the Downtown Association, and then bring recommendations back to the City Council and Downtown Association Board to agree on an acceptable design and location. Lengthy discussion followed, and it was agreed a determination needs to be made as to the disposition of the $350,000 already spent on the project. Consideration was given to how the planning process has continued for so long without concerns being expressed. It was pointed out that most of the City property devoted to the project is in one block. Manager Quinn indicated that, because the true concerns of the downtown businesses have been made known, there now is a proper forum to try and mitigate as many concerns as possible. Councilman Williams indicated there has been debate as to locating the Transit buses in the proposed plaza. Councilman Wiggins noted the consideration being given to transferring the location to another area, which many feel would in turn hinder the tourism received from Victoria, which goes against what the City of Port Angeles is trying to promote as being a recreation destination. Mayor Doyle requested that Manager Quinn return with more information at the next Council meeting with regard to this project. City Council Committee Manager Quinn asked to have reconfirmation of City Council committee assignments. Assignments He recommended that Council assignments be moved to a two-year/election year renewal basis, which would eliminate having to go over the Committee assignments yearly. Mayor Doyle queried if the Council had any committees they wanted to change, add or drop. Councilmember Erickson mentioned that she had not attended many Multi -Ethnic Committees as of late. Councilman Wiggins mentioned that some Councilmembers should begin to attend other committees, to become familiar with the committee's deliberations should a vacancy occur at a future date. Councilmember Erickson noted that she had taken Councilman Wiggins's place on the Marine Resources Committee. Follow-up Information Manager Quinn addressed questions raised at the previous City Council meeting, such as the new building being constructed at Lincoln Park. Volunteers are currently working on batting cages and repair of dugouts. The facilities that they are working on are the structures damaged by the light aircraft that crashed there sometime ago. There is also a plan to move the concession building, but this work has not begun. Another question raised was with regard to the estuary bridge. Currently a group is working on the bridge, and the order has not been approved or denied for having the bridge over the water. The City has proposed the redesign of the bridge to the Department of Fish & Wildlife so that it can be placed over the water. An answer has not been forthcoming. • Follow-up Information (Cont'd) • Break EXECUTIVE SESSION: RETURN TO OPEN SESSION: ADJOURNMENT: E CITY COUNCIL MEETING January 2, 2001 The last question that needed to be addressed was the Marine Lab Budget Report. Manager Quinn stated that there is a copy of this report that can be made available upon request. The operation of the Marine Center was from May 1, 2000 - September 30, 2000; total expenses were $42;653 and total revenues were $20,801. The Marine Lab served almost 12,000 citizens during the summer. Mayor Doyle recessed the meeting for a break at 7:15 p.m. The meeting reconvened at 7:25 p.m. The meeting adjourned to Executive Session at 7:25 p.m. for approximately 15-30 minutes to discuss potential litigation. The meeting returned to Open Session at 8:25 p.m. The meeting was adjourned at 8:25 p.m. Becky J. Upton, City Clerk -5- Larry Doyle, Mayor • • iul 01/01/09-09:09 City of Port Angeles - LIVE MACHINE January 09 2001 Page 1 9 Fnd Dpt Check Vendor Number Name CHECK REGISTER Date From 12/09/2000 To 01/05/2001 Vendor Description Number 001 61185 AWC Assn of Washington Cities 01080 61223 Employees Association 05041 61230 Gall's Inc. 07027 61248 Lightning Powder Co. Inc. 12206 61262 Newbridge 14430 61322 WA State Patrol - WASIS 23281 61323 WA State Patrol - WASIS (HA) 23359 61369 Insight Direct Inc. 09085 0 61394 Professional Security Corp 16512 61405 Stoner Associates Inc. 19394 61497 Battery Zone 02520 61574 Quill Corporation 17000 61598 Washington (DOL), State of 04137 0001 61185 AWC Assn of Washington Cities 01080 61204 Capital Communications Ind 03589 61212 Coen, Rick 03291 61273 Olympic Paper Company 15111 61274 Olympic Printers Inc. 15027 61276 Olympic Stationers Inc. 15030 61279 Pacific Office Equipment Inc. 16004 61281 Paymentech 16421 Police and Fire Survey e-mail Trsfr funds -Employees party Holster,handcuff cases Replacement PrintMatic roller 'Winter Highlights' activities Criminal history -Wilson Criminal history-Evenstad Criminal history -Hunt Criminal history -Trowbridge Ethernet adapters Ethernet adapter Memory modules Memory modules Viking memory modules Network computer Barracuda hard drives Network computer Hard drives Back-ups Pro Hard drives Laserjet printer Network card Modified mist Modified Mist Credit Modified Mist 'SynerGEE' support fee -2001 Batteries W-2 Forms,envelopes 1099 forms Markers,pens,post-its,ctips Sheet protectors Labels,Hi-Liters,binders,clips Correction tape,cassettes Concealed Pistol Licenses -Dec GL Code Number 1 2370000 1 2254010 1 2370000 1 2370000 1 2370000 1 2295000 1 2295000 1 2295000 1 2295000 1 2370000 1 2370000 1 2370000 1 2370000 1 2370000 1 2370000 1 2370000 1 2370000 1 2370000 1 2370000 1 2370000 1 2370000 1 2370000 1 2370000 1 2370000 1 2370000 1 2370000 1 2370000 1 2370000 1 2370000 1 2370000 1 2370000 1 2370000 1 2370000 1 2296000 Total for Department Police and Fire Survey e-mail 113 3101 Cassette duplicator 124 3101 Shipping chgs 124 3101 Prof svcs-Deputy Chief process 113 4150 Tumblers,table covers 112 3101 Letterhead 111 3101 Envelopes 111 3101 Pens,paper,legaL pads,post-its 111 3101 Catendars,rubber finger 124 3101 Name plate 124 3101 Dayminder 124 3101 NP6412 main agrement pe 12-15 111 4810 Typewriter 113 3101 Credit card meal 111 4310 Amount 01/01/09-09:09 City of Port Angeles - LIVE MACHINE January 09 2001 Page 2 Fnd Dpt Check Vendor Number Name 61283 Peninsula Daily News 61303 Shuhart, Terri L. 61317 United Parcel Service 61328 Webby, Michael R. 61334 AVAYA INC 61337 Albertson's Inc. CHECK REGISTER Date From 12/09/2000 To 01/05/2001 Vendor Number 16012 19180 21005 23090 12215 01204 61378 Milt's Distributing 13310 61398 Red Lion Hotel -Port Angeles 18112 61409 Terryberry 20002 61484 AWC Assn of Washington Cities 01352 61485 AT&T Business Service 01085 61487 AWC Assn of Washington Cities 01352 61510 Captain T's 03048 61575 Qwest 21001 61582 Seattle Times/PI Distributor 19161 61591 Verizon Wireless, Bellevue 01105 61594 WAPELRA 23045 61597 Washington (DIS), State of 23111 0002 61183 Postmaster 16028 61191 Angeles Millwork 01073 61273 Olympic Paper Company 15111 61274 Olympic Printers Inc. 15027 61276 Olympic Stationers Inc. 15030 61279 Pacific Office Equipment Inc. 16004 61282 Pen Print Inc. 16009 61295 United States Postal Service 21062 12 Description GL Code Number Preliminary Budget Hearing 124 4410 Ordinances #3062,#3063 124 4410 Consulting -Police Sgt Process 113 4150 12-02 Shipping charges 113 3101 Consulting -Police Sgt Process 113 4150 12-02 Billing 111 4210 12-02 Billing 113 4210 12-02 Billing 124 4210 Soda 112 3101 Taco fixings -OPS Luncheon 111 4155 Ice cream -OPS Luncheon 111 4155 Room charge-Shuheart 113 4150 Room charge -Webby 113 4150 Service Award pins 113 3101 2001 Fee Schedule 113 4131 12-13 Billing 111 4210 2001 Service Fee 111 4901 Shirts,embroidery 124 3101 12-14 Billing 111 4210 12-14 Billing 113 4210 12-14 Billing 124 4210 Subscription a/c 020025 111 4901 12-15 Billing 111 4210 12-15 Billing 111 4210 Renew Membership 2001 113 4901 November Scan charges 111 4210 November Scan charges 113 4210 November Scan charges 124 4210 Total for Administration Reimburse Permit #67 Mailings 205 4210 Plywood 205 3101 Computer paper 205 3101 Computer paper 205 3101 Laser invoice statements 230 3101 Lamp 230 3101 Cork bar 230 3101 Computer paper 240 3101 Name plate 230 3101 Computer paper 201 3101 Computer paper,calendar 230 3101 Computer paper 240 3101 Computer paper 205 3101 Calendar 230 3101 Calculator stand 230 3101 Typewriter 201 3101 Toner cartridge 230 3101 Toner cartridge 240 3101 Door hangers 240 3101 Reimburse postage a/c#15214174 205 4210 At 64.00 26.40 1,500.00 5.71 1,625.18 31.17 31.17 15.59 15.73 31.58 25.74 142.87 142.87 237.12 2,158.00 65.47 9,228.38 36.13 94.59 94.59 47.29 *1 16.16 150.00 206.47 12.60 4.39 17,498.95 5,000.00 31.70 373.88 11.65 210.88 15.05 9.37 51.22 16.62 37.77 48.42 37.77 75.53 8.53 14.07 2 01 111.67 181.27 5,000.00 01/01/09-09:09 City of Port Angeles - LIVE MACHINE CHECK REGISTER Date From 12/09/2000 To 01/05/2001 Fnd Dpt Check Vendor Vendor Description GL Code Number Name Number Number 61308 Swain's General Store Inc. 19037 61317 United Parcel Service 21005 61325 WMTA (WA Municipal Treasurer) 23243 61331 Postmaster 16028 61333 AT&T Wireless Services 01404 61334 AVAYA INC 12215 61359 Equifax City Directory 16020 61377 Microflex Inc. 13203 61388 PERS 16016 61390 Port Angeles City Treasurer 03062 61392 Postmaster 16028 61575 owest 21001 61577 Ricoh Business Systems 18398 61597 Washington (DIS), State of 23111 61604 Xerox Corporation 24001 0003 61191 Angeles Millwork 01073 61246 Lexis Law Publishing 12311 61269 Office of The Code Reviser 15019 61274 Olympic Printers Inc. 15027 61279 Pacific Office Equipment Inc. 16004 61282 Pen Print Inc. 16009 61334 AVAYA INC 12215 61368 Inland Pacific 09026 61387 Ortloff Atty. at Law, Kimberly 15146 61457 Ortloff Atty. at Law, Kimberly 15146 Flashlight 61400 United States Postal Service 21062 230 61461 Postmaster 16028 4901 61490 All Flags Travel Inc. 01015 11-03 Bitting -Y Jacobsen 61510 Captain T's 03048' 240 61511 Cayenta Canada Inc 14074 4210 61561 Olympic Stationers Inc. 15030 12-02 Billing 61574 Quill Corporation 17000 61575 owest 21001 61577 Ricoh Business Systems 18398 61597 Washington (DIS), State of 23111 61604 Xerox Corporation 24001 0003 61191 Angeles Millwork 01073 61246 Lexis Law Publishing 12311 61269 Office of The Code Reviser 15019 61274 Olympic Printers Inc. 15027 61279 Pacific Office Equipment Inc. 16004 61282 Pen Print Inc. 16009 61334 AVAYA INC 12215 61368 Inland Pacific 09026 61387 Ortloff Atty. at Law, Kimberly 15146 61457 Ortloff Atty. at Law, Kimberly 15146 Flashlight 240 3101 12-02 Shipping charges 230 4210 2001 Member Dues-Ziomkowski 201 4901 Postage 205 4210 11-03 Bitting -Y Jacobsen 240 4210 12-03 Billing 240 4210 12-02 Billing 201 4210 12-02 Billing 230 4210 12-02 Billing 240 4210 Polk City Directory 2001 240 3101 Tax Audit Program 11-30 230 4150 Excess Compensation-Niemi 230 2030 Business lunch 201 3101 Calendar,extension cord 240 3101 Reimburse Permit #67 mailings 205 4210 Reimburse 'Postage Due" 205 4210 Reimburse postage a/c#15214174 205 4210 Annual renewal Permit #00067 205 4210 Asquith,Keriaty to Las Vegas 230 4310 Kenyon to las Vegas 240 4310 Shirts,embroidery 240 3101 Shirts,embroidery 230 3101 Custom software modifications 230 4150 Account adjustment to balance 230 3101 W-2 Forms,envelopes 230 3101 1099 forms 230 3101 12-14 Billing 201 4210 12-14 Billing 230 4210 12-14 Billing 240 4210 Copier rental -January 205 4530 November Scan charges 201 4210 November Scan charges 230 4210 November Scan charges 240 4210 DC230SLX lease agreement -Nov 205 4530 5800 Duplicator lease -November 205 4530 DC214S lease agreement -Nov 205 4530 January 09 2001 Page 3 Amount 8.60 71.62 30.00 100.00 84.63 71.72 31.17 38.96 93.51 65.46 75.44 623.32 10.67 12.47 2,500.00 100.00 2,500.00 100.00 493.00 265.50 72.30 72.30 1,050.00 54.20- 140.14 60.28 94.59 118.24 283.77 630.38 11.54 31.20 14.57 602.67 2,859.40 70.94 Total for Finance 24,977.99 Indian teak 311 3101 42.99 WA Stats/Decs-CD Law Nov 2000 312 3101 53.95 WA St Register 2001 312 3101 210.60 Letterhead 311 3101 86.97 Envelopes 311 3101 132.88 Paper 311 3101 27.41 Drum,clean,service printer 312 4810 151.15 2 -part memos 311 3101 111.14 12-02 Billing 311 4210 54.55 Red re -inking fluid 312 3101 7.46 November services 312 4150 527.70 September legal svcs 312 4150 168 01/01/09-09:09 City of Port Angeles - LIVE MACHINE January 09 2001 Page 4 Fnd Dpt Check Vendor Number Name CHECK REGISTER Date From 12/09/2000 To 01/05/2001 Vendor Description Number 9 GL Code Amount Number 61516 Clallam Jefferson Public Dfndr 03274 Public Defender fees-Janaury 312 4150 2,500.00 61561 Olympic Stationers Inc. 15030 Credit wrist pad 312 3101 5.35- 61574 Quill Corporation 17000 Markers,pens,post-its,clips 311 3101 40.11 Markers,pens,post-its,clips 312 3101 40.14 Sheet protectors 311 3101 4.86 61575 Qwest 21001 12-14 Billing 311 4210 165.53 61597 Washington (DIS), State of 23111 November Scan charges 311 4210 13.72 61599 West Group 23018 WA Supreme Reposrts V139 311 3101 22.55 McQuillin Municipal Corps 311 3101 172.83 WA Code 2001 Pocket Parts 311 3101 681.39 Methods Practice V1,1A,1B,1C 311 3101 79.85 WA Rules of Court-State,Fed 311 3101 57.73 WA Rules of Court,State,Fed 311 3101 57.72 Environmental Law -V23,24 311 3101 77.96 Civil Procedure Forms V9-1OA 311 3101 368.21 61604 Xerox Corporation 24001 DC22OSLX lease agreement -Nov 312 4530 326.52 DC22OSLX lease agreement -Nov 311 4530 139.94 Total for Attorney 6,656.91 0004 61184 APWA/Amer. Public Works Assn 01359 Continuing Education -Collins 411 4901 5.00 61211 City of Vancouver 03592 Reimburse Criswell Annexation 411 4150 31 61276 Olympic Stationers Inc. 15030 Acco bases 2" 411 3101 61282 Pen Print Inc. 16009 Color copy paper 411 3101 22.66 61283 Peninsula Daily News 16012 Conditional permit -Wireless 411 4410 19.20 Michael Somers application 411 4410 44.00 Thomas Leinaar Application 411 4410 48.00 PA Municipal Code Amendments 411 4410 28.00 61334 AVAYA INC 12215 12-02 Billing 411 4210 31.17 61359 Equifax City Directory 16020 Polk City Directory 2001 411 4901 65.46 61390 Port Angeles City Treasurer 03062 Refreshments 411 3101 22.83 61570 Port Angeles City Treasurer 03062 Office supplies,refreshments 411 3101 20.90 61575 Qwest 21001 12-14 Billing 411 4210 94.59 61597 Washington (DIS), State of 23111 November Scan charges 411 4210 9.44 Total for Planning 735.31 0005 61191 Angeles Millwork 01073 Aerosol spray tex,paint 584 4810 27.55 61203 Camera Corner 03044 Photo processing 530 4990 44.14 Photo processing 530 4990 13.22 Photo processing 530 4990 16.18 Photo processing 530 4990 54.67 61213 Copies Plus 03091 Desktop publishing 530 4990 142.43 61230 Gall's Inc. 07027 Holster,handcuffs 530 3111 110.02 61248 Lightning Powder Co. Inc. 12206 Replacement PrintMatic roller 534 3501 77.53 61255 Metrocall 20000 11-25 Billing 530 4210 59.75 61258 Middleton Auto and Truck Inc. 13117 Car wash 530 3101 4 61274 Olympic Printers Inc. 15027 Envelopes 534 4990 1 Envelopes 534 4990 168.00 61279 Pacific Office Equipment Inc. 16004 NP1O2O main agreement pe 12-15 511 4810 32.37 NP305O main agreement pe 12-15 534 4810 53.95 1 4 ,V 0 01/01/09-09:09 City of Port Angeles §fi;lE MACHINE CHECK REGISTER Date from 12/09/2000 To 01/05/2001 Fnd Dpt Check Vendor VendorDescription GL Code Number Name Number Number • 61283 Peninsula Daily News 16012 61296 Richmond 2 -Way Radio 18009 61308 Swain's General Store Inc. 19037 61317 United Parcel Service 21005 61326 Washington Fire & Safety Equip 23004 61334 AVAYA INC 12215 61344 Brodsky's Uniforms 02219 61360 Evergreen Collision Center Inc 03207 61369 Insight Direct Inc. 09085 61391 Port Angeles Police Department 16105 61394 Professional Security Corp 16512 61404 Solutions Group, The 19476 61413 WA Assn of Sheriffs & Police 23003 61417 West Group 23018 61500 Blumenthal Uniforms & Equipmt" 02047 61510 Captain T's 03048 61515 Clattam Co Humane Society 03072 61523 Dept of Gen'l Administration 04075 61538 In The Line of Duty Inc. 09005 61553 Miller, Kevin 13175 61556 NITV 530 14215 61574 Quill Corporation 17000 61575 Qwest 21001 61591 Verizon Wireless, Bellevue 01105 61593 WA State Patrol 23057 61597 Washington (DIS), State of 23111 61605 Zappey, Erick C. 26002 NP6230 main agreement pe 12-15 534 4810 Chair mat 534 3101 Paper 534 3101 Laser toner 530 3101 Hearing -Grant -Patrol vehicle 530 4410 Speaker microphone 530 3114 Repair microphone 530 3114 Saw blade 530 3501 12-02 Shipping charges 530 4210 Bracket 530 3101 12-02 Billing 511 4210 12-02 Billing 534 4210 12-02 Bitting 530 4210 Plaque,service bars,pouch 530 2080 Towing,storage chgs 530 4150 Laserjet printer 530 3160 Network card 530 3160 Reimburse Petty cash 530 3101 Reimburse Petty cash 530 4210 Modified mist 530 3501 Modified Mist 530 3501 Credit Modified Mist 530 3501 Supplies 584 4810 Electronic monitoring -November 512 5099 Adjust Inv #5001 Admin fee 512 5099 RCWA PP 2001 530 3101 WA Rules of Court 530 3101 Credit baton case,radio holder 530 3111 Magholder-Kovatch 530 2080 Uniform,embtems-Gallagher 530 2080 Shirt,emblem-Zappey 530 2080 Marijuana test kits 530 3101 Shirts,embroidery 530 3111 Contract payment -December 530 4150 2001 Administrative Fee 530 4990 Renew Subscription 2001 530 4310 Reimburse tuition expense 530 4310 Winfield to Washoe class 530 4310 Labels,Hi-Liters,binders,clips 534 3101 Correction tape,cassettes 530 3101 12-14 Billing 511 4210 12-14 Billing 534 4210 12-14 Billing 530 4210 12-20 Billing 534 4210 12-15 Billing 530 4210 Access User Fees a/c POR304 530 4810 November Scan charges 511 4210 November Scan charges 530 4210 November Scan charges 534 4210 Reimburse uniform allowance 530 2080 January 09 2001 Page 5 Amount 167.35 16.19 14.03 29.13 19.20 97.11 70.30 2,34 35.64 6.47 54,55 38.96 7.79 44,85 825,71 667.28 371.18 50,89 34.72 83.38 95.91 83.38- 1,422.43 345.00 35.00- 64.74 62.04 59.18- 35.05 218.09 132.41 55.57 747.75 3,459.33 450.00 695.00 273.38 1,276.00 19.40 91.48 165.53 118.24 23.65 311.39 358.44 2,889.51 31.65 84.12 16.55 278.58 15 01/01/09-09:09 City of Port Angeles - LIVE MACHINE January 09 2001 Page 6 Fnd Dpt Check Vendor Number Name CHECK REGISTER Date From 12/09/2000 To 01/05/2001 Vendor Description Number GL Code Number Total for Police 0006 61191 Angeles Millwork 01073 Caulking 684 4810 Sponges,trowels,scraper 684 4810 61199 Blake Sand & Gravel Inc. 02045 Grout,polyset-repair floor 684 4810 Tile,grout sealer 684 4810 61203 Camera Corner 03044 Bulbs 645 3101 61247 Lighthouse Uniform 12046 Sales order Uniforms deposit 611 2080 Sales order Uniforms deposit 641 2080 Sales order Uniforms deposit 642 2080 Sales order Uniforms deposit 643 2080 Sales order Uniforms deposit 644 2080 Sales order Uniforms deposit 645 2080 61249 Lincare Inc. 12134 Cylinder refill 643 3101 61255 Metrocall 20000 12-02 Billing 642 4210 61258 Middleton Auto and Truck Inc. 13117 Belts 684 4810 61272 Olympic Medical Center 15028 Spirometry -Gunn 643 4150 Spirometry-Bogues 643 4150 61288 Port Angeles Power Equipment 16122 Strainer 641 3180 61308 Swain's General Store Inc. 19037 Pruners,loppers 684 3120 Clothing allowance 641 2080 Marine terminals 641 3101 Flashlight batteries 641 3101 Razor blades,strapping tape 641 3101 61317 United Parcel Service 21005 12-02 Shipping charges 611 4210 61333 AT&T Wireless Services 01404 12-03 Billing 644 4210 12-03 Billing -a/c #45598455 611 4210 12-03 Billing-a/c#45598455 645 4210 61334 AVAYA INC 12215 12-02 Billing 611 4210 12-02 Billing 642 4210 12-02 Billing 643 4210 12-02 Billing 641 4210 61338 All Weather HeatingCooling Inc 01060 Service call for Lobby heat 684 4810 61363 Ferrellgas (Inc) 06024 Propane 684 4710 61369 Insight Direct Inc. 09085 Viking memory modules 645 3101 61376 Medtronic Physio -Control Corp 13591 Cardiac monitor part 643 4810 61401 Sanderson Safety Supply Co. 19048 Flow tests -air packs 641 3501 61402 Scott MD, Robert L. 19634 Employee medical tests 643 4150 61419 Wheeler, Coral 23089 Reimburse tuition expense 611 4310 61491 All Phase Electric Supply Co. 01061 Lights 684 3120 61497 Battery Zone 02520 Batteries 641 3114 61500 Blumenthal Uniforms & Equipmt 02047 Shirts,emblems 641 2080 Shipping emblems 641 3111 Badges 611 2080 Badges 644 2080 Emblems 644 2080 Badges 644 3111 61501 Bogues, Keith 02165 Reimburse tuition expense 645 4310 61510 Captain T's 03048 Shirts 645 2080 Shirts 641 2080 Shirts 643 2080 We 9 Amount r' r.° ie peg 01/01/09-09:09 City of Port Angeles 4,{VE MACHINE January 09 2001 Page 7 CHECK REGISTER Date From 12/09/2000 To 01/05/2001 Fnd Dpt Check Vendor Vendor Description GL Code Amount Number Name Number Number 61512 Clallam Co EMS/ 03068 Medic 1 Advisory -January 643 4150 500.00 61513 Clallam Co Fire District 2 03342 1/3 Share SCBA Testing System 641 3101 3,500.00 61514 Clallam Co Fire District 3 03332 Regs-Kuch,Huffman 641 4310 294.89 61518 Copy Cat Graphics 03380 Digital print decals 641 3101 161.59 61530 First Race Car Wash 06283 One year Car Wash Pass 641 3101 189.00 61533 Hall, John L 08382 Reimburse clothing allowance 643 2080 47.93 61543 Life Assist 12202 Gloves 643 3199 156.38 61546 M & P Garage Doors 13100 Change out track and rollers 684 4810 3,230.53 61565 Peninsula Awards & Trophies 16061 Name tags,engraving 641 3111 294.57 61575 Qwest 21001 12-14 Billing 611 4210 118.24 12-14 Billing 642 4210 23.65 12-14 Billing 643 4210 23.65 12-14 Bitting 641 4210 70.94 61591 Verizon Wireless, Bellevue 01105 12-15 Billing 643 4210 10.44 12-15 Billing 642 4210 3.63 12-15 Billing 643 4210 26.34 12-15 Billing 641 4210 3.49 12-15 Billing 641 4210 11.53 61597 Washington (DIS), State of 23111 November Scan charges 611 4210 17.44 November Scan charges 641 4210 10.02 November Scan charges 643 4210 4.32 61604 Xerox Corporation 24001 DC220SS lease agreement -Nov 611 4530 287.75 Total for Fire 22,344.76 0007 61210 City Engineer's Assn of WA 03002 2001 CEAW Membership -Cutler, 711 4901 70.00 61274 Olympic Printers Inc. 15027 Envelopes 711 3101 77.20 61276 Olympic Stationers Inc. 15030 Space saver,copy holder,pens 711 3101 157.86 Computer paper 711 3101 75.53 Pens 711 3101 17.58 Dividers 711 3101 8.35 61279 Pacific Office Equipment Inc. 16004 File,binding 711 3101 42.84 Toner cartridge 711 3101 96.03 61306 Sunset Do -It Best Hardware 19035 Flat washers 711 3101 3.17 OR 711 3501 5.37 61308 Swain's General Store Inc. 19037 Clothesline 711 3101 5.36 61333 AT&T Wireless Services 01404 12-03 Billing 711 4210 11.45 61334 AVAYA INC 12215 12-02 Billing 711 4210 210.44 61359 Equifax City Directory 16020 3 Polk City Directories 711 3101 556.13 Polk City Directory 2001 711 4901 65.46 61366 IKON Business Information Svcs 09121 Toner 711 3101 81.81 61369 Insight Direct Inc. 09085 Back-ups Pro 711 3160 538.43 Barracuda hard drive 711 3160 981.00 61390 Port Angeles City Treasurer 03062 Home Builders mtg 711 4310 20.00 61403 Sodexho Marriott Services 19742 Food service 711 4310 197.86 61405 Stoner Associates Inc. 19394 'SynerGEE' support fee -2001 711 4530 2,023.13 61411 Utilities Underground Loc Ctr 21010 November locates 711 4150 26.95 61520 Day -Timers Inc. 04040 Refills 711 3101 46.91 Refills 711 3101 37.72 61527 Engineered Electrical Systems 05196 City of PA Plan Review 711 32210017 525.00 61570 Port Angeles City Treasurer 03062 Reimburse mileage -Kenworthy 711 4310 117 01/01/09-09:09 City of Port Angeles - LIVE MACHINE January 09 2001 Page 8 Fnd Dpt Check Vendor Number Name 0008 CHECK REGISTER Date From 12/09/2000 To 01/05/2001 Vendor Description GL Code Number Number 61575 Qwest 21001 61591 Verizon Wireless, Bellevue 01105 61592 Viking Office Products 22054 61597 Washington (DIS), State of 23111 61604 Xerox Corporation 24001 61606 Zee Medical Service Co. 26005 61186 Ace Equipment Company 01055 61188 All Weather HeatingCooling Inc 01060 61191 Angeles Millwork 01073 61192 Angeles Temporary Services 01076 61194 Automatic Wilbert Vault Co Inc 01089 61199 Blake Sand & Gravel Inc. 02045 61214 Cornell Auto Parts 03092 61215 Daishowa America LTD 04002 61217 Denver's Tire Co. Inc. 04044 61226 Federal Firesafety Inc. 06023 61229 Fowler Company, H. D. 06110 61231 Grainger Inc. 07015 61233 Hartnagel Building Supply Inc. 08052 61240 K Ply Inc. 11050 61250 Lincoln Industrial Corp. 12047 61258 Middleton Auto and Truck Inc. 13117 61271 Olympic Laundry & Clnrs Inc. 15026 Filing fee -Anderson 711 4990 12-14 Billing 711 4210 12-15 Billing 711 4210 12-15 Billing 711 4210 Dividers 711 3101 Prepunched paper 711 3101 Dividers 711 3101 Dividers 711 3101 Dividers 711 3101 MS Excel 2000 711 3101 November Scan charges 711 4210 DC265 lease agreement -November 711 4530 DC420SX lease agreement -Nov 711 4530 DC214S lease agreement -Nov 711 4530 First aid supplies 711 3101 Total for Public Works Weedeater parts 865 3120 Repair compressor 863 4810 Diagnose air conditioner 830 4810 Replace defrost control 830 4810 Repair compressor 830 4810 Paint -tennis court poles 865 3120 Weights,gloves 866 3120 PVC slip cap -Shane Park 865 3120 Screws,nuts-Erickson bench 865 3120 Tape,ell-equipment repair 865 3120 Cedar stakes -fuchsia trees 865 3140 Lumber 830 3101 Boat ramp floats 865 3120 C Kochanek pe 11-30 866 4150 Urns,rough boxes,liners 866 3401 Discount 866 3401 Top soil 866 3120 Top soil 865 3140 Crushed rock -Erickson lot 865 3120 Crushed rock -Erickson lot 865 3120 Antifreeze 865 3120 Damage deposit rfd - clean up 865 34730018 Repair flat tire 865 4810 Disable,enable halon system 830 4810 Irrigation wire connectors 865 6510 Exhaust fan 865 3120 Glow -in -Dark sign 862 3120 Lights 862 3120 Parts for exhaust fan 865 3120 Damage deposit rfd-clean up 863 36240025 Erickson tennis court poles 865 3120 Parts 862 3120 Laundry svcs-October #1003 830 3101 9.00 662.08 15.00 9.57 182.70 79.28 279.25 131.13 45.46 73.28 138.54 836.75 459.67 70.94 31.02 01/01/09-09:09 City of Port Angeles LIVE MACHINE January 09 2001 Page 9 CHECK REGISTER Date From 12/09/2000 To 01/05/2001 Fnd Dpt Check Vendor Vendor Description GL Code Amount Number Name Number Number Laundry svc-November 865 3120 10.15 61273 Olympic Paper Company 15111 Squeegee,handle,mop bucket 862 3120 92.89 Hand pads 862 3120 44.12 Lotion hand soap 862 3120 125.92 Laundry detergent,cleaner 862 3120 108.07 Soap,paper 862 3120 16.72 Toilet tissue,wet mops 830 3101 109.63 Cteaner,conditioner 830 3120 23.28 Dust pans,carpet cleaner 830 3101 254.05 Toilet tissue,vacuum bags 830 3101 166.44 61274 Olympic Printers Inc. 15027 Business cards-Kochanek 866 3101 69.81 Membership cards 863 3101 163.04 61279 Pacific Office Equipment Inc. 16004 Toner 862 3101 74.45 61282 Pen Print Inc. 16009 Receipts 866 3101 104.34 61283 Peninsula Daily News 16012 Kids Club pool ads 11/20,11/22 862 4210 50.00 61291 Quiring Monuments Inc. 17001 Marker,foundation-Moylan 866 3401 473.00 Marker,foundation-Wilcox 866 3401 918.00 5% Discount 866 3401 23.65- 5% Discount 866 3401 45.90- 61294 RadioShack Accounts Receivable 18003 Audio connectors 861 3101 22.50 61306 Sunset Do -It Best Hardware 19035 Chain,S-hooks 865 3120 85.78 Blades 865 3120 22.42 Flush valve 830 3120 12.94 Screws,pliers-Civic Backstop 865 6510 66.13 61308 Swain's General Store Inc. 19037 Bandaids,swabs,wipes,batteries 862 3101 27.42 Hardware,quick-links 865 3120 30.76 Mophead,mopstick 865 3120 17.52 Pipe insulation 862 3120 16.14 Starting fluid,de-icer 866 3120 11.43 Transptanter,thinning shears 865 3140 26.69 Antifreeze 865 3120 21.42 Hardware 830 3101 1.90 Extension cords 865 3140 31.67 'Danger' tape -Shane Park 865 3120 6.44 First-aid supplies 865 3120 7.78 Lantern,battery 830 3120 44.48 61311 Thurman Supply 20005 PVC cement 865 3140 20.39 Ballast,paint trays,dropcloths 862 3120 32.35 Heater 830 3101 26.95 Tube lights,tube guards 865 3120 82.87 Lights for Longhouse 865 3120 10.03 Unions,nipples,coupling 830 3101 34.96 61333 AT&T Wireless Services 01404 12-03 Billing 861 4210 9.10 61334 AVAYA INC 12215 12-02 Billing 811 4210 23.38 12-02 Billing 866 4210 7.79 12-02 Billing 865 4210 7.79 12-02 Billing 861 4210 15.59 12-02 Billing 862 4210 7.79 12-02 Bitting 863 4210 23.38 61390 Port Angeles City Treasurer 03062 Kids Day candy 862 3101 23.12 61397 Qwest 21001 12-02 Bitting 830 4710 01/01/09-09:09 City of Port Angeles - LIVE MACHINE January 09 2001 Page 10 CHECK REGISTER Date From 12/09/2000 To 01/05/2001 Fnd D t Check Vendor Vendor Description P GL Code AftP Number Name Number Number 12-02 Billing 863 4210 44.77 61491 All Phase Electric Supply Co. 01061 Lights 863 3120 299.10 2% Discount 863 3120 5.54- Screwdriver,pliers,lights 830 3101 194.95 2% Discount 830 3101 3.61- Lights 830 3120 79.20 2% Discount 830 3120 1.47- 61537 IBM Corporation 09020 Computers,monitors 863 3160 5,968.38 61548 Maintenance Warehouse 13469 Door sweeps,receptacles 863 3120 38.79 61570 Port Angeles City Treasurer 03062 3-Ring binders 861 3101 16.75 61575 Qwest 21001 12-14 Billing 862 4210 43.15 12-14 Billing 811 4210 70.94 12-14 Billing 866 4210 23.65 12-14 Billing 865 4210 23.65 12-14 Billing 861 4210 47.29 12-14 Billing 862 4210 23.65 12-14 Billing 863 4210 70.94 12-14 Billing 865 4210 40.45 12-14 Billing 863 4210 55.34 12-14 Billing 862 4210 48.37 12-20 Billing 863 4210 75.77 61591 Verizon Wireless, Bellevue 01105 12-15 Billing 861 4210 12-15 Billing 861 4210 61597 Washington (DIS), State of 23111 MS Office Pro 2000 863 3101 239.01 November Scan charges 811 4210 6.54 November Scan charges 861 4210 21.28 November Scan charges 862 4210 .67 November Scan charges 863 4210 .89 November Scan charges 865 4210 .71 November Scan charges 866 4210 3.89 61604 Xerox Corporation 24001 DC220SS lease agreement-Nov 863 4530 271.85 DC220SS lease agreement-Nov 861 4530 300.47 Total for Parks & Recreation 16,725.31 Total for General Fund 115,385.18 101 0001 61286 Port Angeles Chamber Of Comm. 16023 Reimburse November expenses 115 5083 2,809.00 61384 North Olympic Peninsula 14127 Sept,Oct charges,BEWI Ski Show 122 4150 2,874.70 61505 Brewer, David 02055 Contract svcs-January 115 4990 100.00 61560 North Olympic Peninsula 14127 Reimburse expenses-November 115 5083 2,830.55 December Contract Svcs 115 5083 3,708.00 61569 Port Angeles Chamber Of Comm. 16023 Develpment of PA Video 115 5083 4,999.61 Replace PA Visitor Ctr carpet 115 5083 4,369.29 102 20 61266 Northern Tool & Equipment Co. 14461 Total for Convention Center Fund 25 gallon spot sprayer 102 2370000 Total for Department 01/01/09-09:09 0 Fnd Dpt Check Vendor Number Name 0007 61191 Angeles Millwork 103 0001 0 TUN; Pd City of Port Angeles 61245 Lakeside Industries Inc. VE MACHINE CHECK REGISTER Date From 12/09/2000 To 01/05/2001 Vendor Number 01073 12036 61266 Northern Toot & Equipment Co. 14461 61271 Olympic Laundry & Clnrs Inc. 15026 61273 Olympic Paper Company 15111 61276 Olympic Stationers Inc. 15030 61279 Pacific Office Equipment Inc. 16004 61288 Port Angeles Power Equipment 16122 61306 Sunset Do -It Best Hardware 19035 61308 Swain's General Store Inc. 19037 61330 Zumar Industries Inc. 26001 61333 AT&T Wireless Services 01404 61334 AVAYA INC 12215 61343 Breitbach's Sharpening Service 02247 61348 Builders Hardware & Supply Co. 02071 61351 Clallam Co Road Department 03188 61354 Diversified Resource Center 04052 61390 Port Angeles City Treasurer 03062 61421 Zumar Industries Inc. 26001 61428 Brickie's 02578 61506 Brooks, Gary 02277 61575 Qwest 21001 61578 Ridout, Ken 18011 61591 Verizon Wireless, Bellevue 01105 61597 Washington (DIS), State of 23111 518936 Lakeside Industries Inc. 12036 Description GL Code Number Cobalt drill bits 752 3101 Web patch 752 3101 Asphalt 752 3101 Asphalt 752 3101 Asphalt 752 3101 Asphalt 752 3101 Asphalt 752 3101 25 gallon spot sprayer 752 3101 Laundry svc-November #6275 752 3101 Broom,handle 752 3101 Log books 752 3101 Calendars 752 3101 Cartridge 752 3101 Electric generator 752 3101 Pry bar,drill hamner,cable tie 752 3101 Walkie-talkie batteries 752 3101 Lanterns,cable ties 752 3101 Coveralls 752 3101 Coveralls 752 3101 Signs 752 3125 12-03 Billing 752 4210 12-03 Billing 752 4210 12-02 Billing 752 4210 Drill,router bits,chisels 752 3101 Contact adhesive 752 3101 2% Discount 752 3101 Olympic Discovery Trail 792 4150 Janitorial services 752 4150 CDL Driving test -Ray 752 4310 Traffic signs 752 3125 'Reserved Parking' signs 752 3125 Storm call out breakfast 752 4310 Storm call out breakfast 752 4310 Reimburse HP Laser printer 752 3101 12-14 Billing 752 4210 Reimburse December mileage 752 4310 12-15 Billing 752 4210 November Scan charges 752 4210 8th St Contract pmt #2 792 4150 January 09 2001 Page 11 Amount 7.32 9.70 69.60 47.48 67.98 65.28 98.91 185.24 7.28 115.82 14.51 21.74 34.53 1,135.00 131.16 8.35 75.13 48.41 48.41 133.33 12.34 13.97 23.38 101.48 174.04 2.91- 4,000.00 77.83 50.00 1,746.32 163.68 27.67 15.05 410.01 70.94 55.29 2.76 .79 572,063.37 Total for Public Works 581,331.19 Total for Street Fund 581,317.62 61276 Olympic Stationers Inc. 15030 Pens 123 3101 6.17 61334 AVAYA INC 12215 12-02 Billing 123 4210 7.79 61390 Port Angeles City Treasurer 03062 Lease agreement 123 3101 2.16 61575 Owest 21001 12-14 Billing 123 4210 23.65 61597 Washington (DIS), State of 23111 November Scan charges 123 4210 16.76 Total for Economic Development 251 01/01/09-09:09 City of Port Angeles - LIVE MACHINE CHECK REGISTER Date From 12/09/2000 To 01/05/2001 Fnd Dpt Check Vendor Vendor Description GL Code Number Name Number 14430 Number 107 0005 61276 Olympic Stationers Inc. 15030 Computer paper 532 3101 61317 United Parcel Service 21005 12-02 Shipping charges 532 4210 61334 AVAYA INC 12215 12-02 Billing 532 4210 61359 Equifax City Directory 16020 Polk City Directory 2001 532 3101 61406 Sunpro 19100 SMS Implementation,Cadlink 532 6510 61510 Captain T's 03048 Vest,custom embroidery 532 2080 Shirts,custom embroidery 532 2080 Shirts 532 2080 61558 National Emergency Number Assn 14154 2001 Membership Dues -Wu 532 4901 61567 Plantronics/Santa Cruz 16089 Head set 532 3501 61574 Quill Corporation 17000 Binders 532 3101 Labels,Hi-Liters,binders,cLips 532 3101 61575 Qwest 21001 12-14 Billing 532 4210 61597 Washington (DIS), State of 23111 November Scan charges 532 4210 61607 Zetron Inc. 26004 Thermal printer tapes 532 3101 172 0002 61340 Angeles Plumbing Inc. 01039 61365 Garland Construction & Maint 07063 61386 Olympic Community Action Progs 03022 61493 Angeles Electric Inc. 01071 61517 Clallam Title Company 03286 174 0008 61187 Albertson's Inc. 01204 61197 Bilsborrow, Mari 02188 61218 District 13 04050 61262 Newbridge 14430 61276 Olympic Stationers Inc. 15030 61308 Swain's General Store Inc. 19037 61317 United Parcel Service 21005 61390 Port Angeles City Treasurer 03062 61510 Captain T's 03048 61561 Olympic Stationers Inc. 15030 61585 Sound Restaurant Supply Inc. 19315 178 0005 61581 Ruddell International 186 0� 61199 Blake Sand & Gravel Inc 2 18032 02045 January 09 2001 Page 12 Total for PenCom Final Billing -McAllister 214 4150 Final floor repairs -McAllister 214 4150 2% Loan fee-Matney 98PA31L 214 4150 Heater connection -McAllister 214 4150 Title Ins,record-Meek 78222-R 214 4941 Recording fee-Bourm-98PA30L 214 4941 Total for PA Housing Rehab Project Clothespins 888 3101 Soda,chips,candy 888 3101 Bakery 888 3101 Detergent,cinnamon 888 3101 Reimburse kids' holiday brunch 888 3101 Softball sanction fees - 2001 880 4150 'Winter Highlights' activities 888 3101 Lead,cleaner,pencils 880 3101 Tape,construction paper 888 3101 Basketball scorebook 880 3101 12-02 Shipping charges 880 4210 Kids holiday brunch 888 3101 Shirts 889 4150 Tempura paints,pencils 888 3101 Teacher's plan book 888 3101 Dishrack pans 889 3101 Total for Recreational Activities Fund Amountion accessories 537 3501 Total for Law Enforcement Firearms Range Jet set -WF Trail 873 3101 0 Amount 01/01/09-09:09 0 Fnd Dpt Check Vendor Number Name d r City of Port Angeles LIVE MACHINE 206 0002 61496 Bank of New York, The 209 0002 CHECK REGISTER Date From 12/09/2000 To 01/05/2001 Vendor Description GL Code Number Number 02175 310 0007 61309 Swope, Dennis J 19658 61420 Dickson Co., Wm 04354 61603 Westrem, John & Evelyn M 23460 0008 61407 Terma-Planners and Architects 20244 61456 Olympic Peninsula Title Co 16461 316 0008 61191 Angeles Millwork 01073 61199 Blake Sand & Gravel Inc. 02045 61221 Eclipse C Corp. 19019 61310 Thomas Building Center 20044 61311 Thurman Supply 20005 319 0008 61390 Port Angeles City Treasurer 03062 401 61196 Beutler, Frank & Susan 02573 61198 Birkland, Joanne 02142 61201 Bourm, Craig 02326 61202 Brown, Darren 02480 61209 Cipriano, Devanee 03591 61222 Elofson, Chad 05144 61228 Forler, Miriah 06281 61235 Hutt, Traci 08473 61238 Johnson, Debra 10211 61239 Johnson, Lara 10212 61242 Keim, Bruce 11232 61251 Lorentzen, Pat 12275 January 09 2001 Page 13 Total for Waterfront Trail Fund Admin Fee-PORANG91 295 4150 Total for 1991 GO Bonds ( Sr. Center ) Admin Fee-PORANGREF92 297 4150 Total for 1992 GO Bonds ( Fire Station ) Edgewood Dr Inspection,survey 774 4150 Asbestos -Fairchild Airport 774 4150 1424 Airport Rd rent -January 774 4150 Total for Public Works Prof svcs-PAC-FP2000 896 4150 Langley Property Aquisition 896 6101 Total for Parks & Recreation Total for Capital Improvement Fund Drain pipe -Lincoln Park House 860 3101 Drain rock -Lincoln Pk House 860 3101 Sand 860 3101 Crushed rock 860 3101 Crushed rock 860 3101 Washed sand 860 3101 Lumber,concrete mix,stakes 860 3101 Threaded cap,adapter,clamp 860 3101 Total for Lincoln Park Improvement Fund Volleyball supplies 864 3101 Total for Senior Center Constr. Fund Utility overpmt rfd-034614004 401 1222200 Utility deposit rfd-057614005 401 2131100 Utility deposit rfd-052973003 401 2131100 Utility deposit rfd-112453008 401 2131100 Utility deposit rfd-049018023 401 2131100 Utility deposit rfd-072036025 401 2131100 Utility deposit rfd-086584021 401 2131100 Utility deposit rfd-124243008 401 2131100 Utility deposit rfd-065790037 401 2131100 Utility overpmt rfd-065790037 401 1222200 Utility deposit rfd-053040010 401 2131100 Utility deposit rfd-086142028 401 2131100 Utility deposit rfd-058408006 401 2131100 01/01/09-09:09 City of Port Angeles - LIVE MACHINE January 09 2001 Page 14 Fnd Dpt Check Number 61252 61254 61259 61260 61263 61290 61292 61300 61302 61304 61312 61313 61320 61327 61345 61390 61422 61424 61425 61426 61427 61429 61430 61432 61433 61434 61436 61437 61438 61439 61440 61442 61443 61444 61446 61447 61448 61449 61450 61455 61458 61459 61460 61462 61464 61465 61466 61467 61469 61470 Vendor Name Machenheimer, Jim McLeod, Lizzie Millar, Matt & Megan Murphy, John Nickovich, William Puro, Elizabeth RMS Systems Inc Schneider, Jamie Sherf, Michael Smith, Leroy Truckenmiller, Travis Tyndall, Christine Vanderhoof, Judith Wasnock, Jessica Brooks Company, E. J. Port Angeles City Treasurer Almaden, Joe Anderson, Eric Anderson, Heather Ashwell, David Bradley, Tony Briggs, Larry Buchanan, Courtney Dale, Dennis Diekow, Antares Dorcy, Bruce Frantz, Ben Hamner, Anna Howell, Robert Johnson, Alvin Jones, Casey Klein, Ryan Leith, Mindy Matheny, Charles and Antonia McGreen, Mike McLean, Dorothy Merriman, Kathy Minor, William Moore, Kenneth Okubo, Yumiko Ott, Troy Palmer, James Paque, Jonathan E Richter, Edward Robinson, Chris Rodriguez, Jim Stokley, David Stovall, Glen W Taylor, Warren Temres, Lynn CHECK REGISTER Date From 12/09/2000 To 01/05/2001 Vendor Description GL Code Number Number 13589 Utility overpmt rfd-030902002 13592 Utility deposit rfd-058718020 13593 Utility deposit rfd-091731014 13594 Utility deposit rfd-053724006 14502 Utility deposit rfd-057525029 16509 Utility deposit rfd-050440003 18399 Training Management software 19741 Utility deposit rfd-114502017 19739 Utility deposit rfd-017175011 19740 Utility deposit rfd-058858027 20294 Utility deposit rfd-052582035 20295 Utility deposit rfd-056120011 22112 Utility overpmt rfd-062910003 23553 Utility deposit rfd-057380002 02024 Meter seals,hasp 03062 Rebate 01478 Utility deposit rfd-091138002 01480 Utility deposit rfd-090735002 01191 Utility deposit rfd-091553038 01481 Utility deposit rfd-080225004 02575 Utility deposit rfd-078956011 02576 Utility deposit rfd-067946013 02577 Utility deposit rfd-045667012 04355 Utility deposit rfd-034245002 04356 Utility deposit rfd-081441040 04357 Utility deposit rfd-097445011 06282 Utility deposit rfd-067407003 08474 Utility Deposit rfd-097439014 08475 Utility deposit rfd-063118012 10214 Utility deposit rfd-087939005 10215 Utility deposit rfd-094895016 Utility overpmt rfd-094895016 11236 Utility deposit rfd-116807003 12233 Utility deposit rfd-060453022 13595 Utility deposit rfd-048518008 13596 Utility deposit rfd-083542015 13368 Utility deposit rfd-064513006 13597 Utility deposit rfd-105171008 13519 Utility deposit rfd-049042010 13598 Utility deposit rfd-034238002 15205 Utility deposit rfd-081558051 15206 Utility deposit rfd-034452017 16513 Utility deposit rfd-048585018 16514 Utility deposit rfd-041874013 18400 Utility deposit rfd-083836003 18401 Utility deposit rfd-039276011 18402 Utility deposit rfd-081388030 19743 Utility deposit rfd-034237002 .19744 Utility deposit rfd-044288009 20296 Utility deposit rfd-060852003 20297 Utility deposit rfd-099040037 401 1222200 401 2131100 401 2131100 401 2131100 401 2131100 401 2131100 401 2370000 401 2131100 401 2131100 401 2131100 401 2131100 401 2131100 401 1222200 401 2131100 401 2370000 401 1343300 401 2131100 401 2131100 401 2131100 401 2131100 401 2131100 401 2131100 401 2131100 401 2131100 401 2131100 401 2131100 401 2131100 401 2131100 401 2131100 401 2131100 401 2131100 401 1222200 401 2131100 401 2131100 401 2131100 401 2131100 401 2131100 401 2131100 401 2131100 401 2131100 401 2131100 401 2131100 401 2131100 401 2131100 401 2131100 401 2131100 401 2131100 401 2131100 401 2131100 401 2131100 401 2131100 0 Amount 251.50 125.00 61.50 250.00 125.00 250.00 48.04- 52.90 179.63 125.00 142.72 125.00 31.06 250.00 58.17- 25.00 250.00 250.00 125.00 160.00 250 25 25 . 125.00 36.76 125.00 250.00 125.00 125.00 125.00 33.25 31.00 250.00 125.00 250.00 125.00 160.00 125.00 250.00 125.00 125.00 250.00 40.86 125.00 250.00 250.00 1 12 91.73 250.00 125.00 01/01/09-09:09 City of Port Angeles ?LIVE MACHINE January 09 2001 Page 15 CHECK REGISTER Date '7M 12/09/2000 To,Q1/05/2001 -r:. Fnd Dpt Check Vendor Vendor Description GL Code Amount Number Name Number Number 61471 Tetrick, Anna 20298 Utility deposit rfd-104582023 401 2131100 250.00 61472 Thompson, Bonnie 20299 Utility deposit rfd-081043015 401 2131100 250.00 61473 Thompson, Kimberly A 20300 Utility deposit rfd-066443024 401 2131100 125.00 61474 Thorpe, Keith 20301 Utility deposit rfd-105244015 401 2131100 125.00 61475 Tisdale, Aaron 20132 Utility deposit rfd-045004015 401 2131100 37.64 61476 Trebbau, Carlos 20302 Utility deposit rfd-004103025 401 2131100 44.61 61481 Wood, Terri M 23555 Utility deposit rfd-041173002 401 2131100 250.00 61482 Young, Janet 25132 Utility deposit rfd-081566050 401 2131100 125.00 61494 Austin International 01454 Generator w/10hp engine 401 2370000 52.35- 61503 Boxleitner, Richard 02580 Utility deposit rfd-083442007 401 2391200 125.00 61532 Gundersen, Brian '07339 Utility deposit rfd-083447010 401 2391200 125.00 61536 Hill, George 08476 Utility deposit rfd-125687005 401 2391200 250.00 61540 Jackson-Hirsh, Inc. 10213 Laminator,pouches 401 2370000 45.56- 61549 McConaghy, Carla 13599 Utility deposit rfd-086860013 401 2391200 125.00 61550 McLeod, Kain 13600 Utility deposit rfd-067148004 401 2391200 125.00 61559 Neves, Joseph 14504 Utility deposit rfd-040444030 401 2391200 125.00 61570 Port Angeles City Treasurer 03062 Not water tank rebate-Kapetan 401 1343300 25.00 61574 Quill Corporation 17000 Post-its,calendar 401 2370000 2.54- Wall calendar 401 2370000 .74- Credit wall calendar 401 2370000 .74 61580 Roberts, Dawn 18404 Utility deposit rfd-083452014 401 2391200 125.00 61587 Sund Jr, Franklin 19291 Utility deposit rfd-101958009 401 2391200 125.00 61595 WESCO Distribution Inc. 23150 Secondary pedestals,extensions 401 1414000 976.40 Secondary pedestals,extensions 401 1411000 1,019.68 61600 West, Charles 23556 Utility deposit rfd-042471019 401 2391200 125.00 61602 Western States Electric Inc. 23025 Terminal lugs 401 1411000 201.99 Pole stubbing bands 401 1411000 113.30 Total for Department 13,947.88 0009 61189 Ametek Power Instruments 01477 Time keeper chip 911 4810 89.29 'Firmware' Upgrade-Jeml 911 4810 392.46 61193 Asplundh Tree Expert Co. 01119 Tree trimpe 12-02 less 5% 911 4810 4,837.40 61214 Cornell Auto Parts 03092 Spray,brushes 911 4810 21.61 Acetone,mitts 911 4810 21.97 61224 Equifax - Credit Information 05160 Membership fees 911 4150 31.77 61233 Hartnagel Building Supply Inc. 08052 Epoxy,thorocrete 911 4810 6.48 61256 Metropolitan Communications 13568 Community Telecom Planning 2 911 4150 9,750.00 61273 Olympic Paper Company 15111 Disinfectant,lotion 911 4810 94.66 Disinfectant,sponges,soap 911 4810 30.71 61274 Olympic Printers Inc. 15027 Meter change slips 911 3101 194.27 61276 Olympic Stationers Inc. 15030 Office supplies.tacks,letters 911 3101 44.78 Portfolio 911 3101 21.04 Highlighters 911 4810 16.28 61283 Peninsula Daily News 16012 Telecomm Design Engineering 911 4410 25.60 61288 Port Angeles Power Equipment 16122 Oil,gas can 911 3501 14.02 Shop supplies,valve 911 4810 19.02 61292 RMS Systems Inc 18399 Training Management software 911 4310 656.04 61296 Richmond 2-Way Radio 18009 Repair cell phone 911 4210 32.37 61306 Sunset Do-It Best Hardware 19035 Whisk broom,broom 911 3501 21.45 Oxygen 911 4810 2 ra 01/01/09-09:09 City of Port Angeles - LIVE MACHINE January 09 2001 Page 16 Fnd Dpt Check Vendor Number Name 61308 Swain's General Store Inc. 61311 Thurman Supply 61317 United Parcel Service CHECK REGISTER Date From 12/09/2000 To 01/05/2001 Vendor Number 19037 20005 21005 61334 AVAYA INC 12215 61341 Asplundh Tree Expert Co. 01119 61345 Brooks Company, E. J. 02024 61353 Colvico Inc 03567 61354 Diversified Resource Center 04052 61356 Eager Beaver Environmental Inc 05077 61357 Kitsap Co, EDC 11234 61374 Marsh Mundorf Pratt & Sullivan 13287 61382 North Coast Electric Company 14173 61383 North Creek Analytical Inc. 14076 61390 Port Angeles City Treasurer 03062 61395 Public Utility Dist Clallam Co 16038 61397 owest 21001 61398 Red Lion Hotel -Port Angeles 18112 61401 Sanderson Safety Supply Co. 19048 61410 TriAxis Engineering Inc 20274 61414 Washington (DRS), State of 23141 61418 Western States Electric Inc. 23025 26 Description GL Code Number Couplings 911 4810 Coupling,elbow,bushing 911 4810 Plate 911 4810 Single pole breakers 911 4810 Double pole breakers 911 4810 Double pole breaker 911 4810 Exch single for dble breaker 911 4810 Wire channel,switch,receptacle 911 4810 12-02 Shipping charges 911 4210 12-02 Shipping charges 911 3101 12-02 Shipping charges 911 3101 12-02 Shipping charges 911 4150 12-02 Shipping charges 911 4310 12-02 Shipping charges 911 4810 12-02 Billing 911 4210 Tree trim pe 12-09 less 5% 911 4810 Meter seals,hasp 911 3101 Meter seals,hasp 911 3101 Cresthaven Rebuild pe October 930 4150 Janitorial services 911 4150 Degreaser pads 911 4150 Husky Spill Response Kit 911 4150 Oly Regional Telecom Conferenc 911 4310 WPAG pe 11-30 911 4901 Transmission Rate Case 11-30 911 4901 Wire 911 4810 Ground fault indicator 911 3402 Test oil samples 911 4150 Oil sample test packages 911 4150 Storm breakfast 930 4810 12-11 Billing -SR 101 & Euclid 911 3350 12-19 Billing Lauridsen Blvd 911 3350 12-15 Billing -Golf Course Rd 911 3350 Tests at Valley St Substation 911 4150 Wheeling Agreement charges 911 3350 12-05 Billing 911 4210 12-22 Billing 911 4210 Storm callout meals 911 4310 Oxygen sensors 911 4810 Battery pack 911 3501 Svcs pe 12-01 #99343 930 4150 Statewide pensioners 911 2030 Guy grips,anchors 930 3402 Guy grips,anchors 930 3402 Guy grips,anchors 930 3402 Guy wire 930 3402 Guy wire 930 3402 Guy wire 930 3402 Guy grips 930 3402 Guy grips 930 3402 Guy grips 930 3402 0 Amount 3.85 3.39 2.09 19.40 49.62 19.41 9.71 46.11 3.66 4.06 9.08 4.40 36.73 5.94 109.10 4,837.40 595.87 198.62 23,498.25 175.10 48 8 4 335.27 1,170.00 35.02 173.73 60.00 378.00 104.50 14.33 19.84 15.46 1,035.50 14,661.36 43.99 60.42 48.82 329.51 99.83 2,152.71 200.16 94.20 219.80 209.32 18.94 40 4 13.60 31.73 30.20 01/01/09-09:09 City of Port Angeles ,,LIVE MACHINE January 09 2001 Page 17 CHECK REGISTER Date From 12/09/2000 To 01/05/2001 Od Dpt Check Vendor Vendor Description GL Code Amount Number Name Number Number Washers 930 3402 6.41 Washers 930 3402 14.96 Washers 930 3402 14.24 61485 AT&T Business Service 01085 12-06 Billing 911 4210 15.82 61486 AT&T Wireless Services 01404 12-03 Billing 911 4210 12.04 12-03 Billing 911 4210 15.77 12-03 Billing 911 4210 21.21 12-03 Billing 911 4210 23.16 61491 All Phase Electric Supply Co. 01061 '- -' `Lights,wire 911 3402 194.22 2% Discount 911 3402 3.60 - Lamps 911 3402 398.16 2% Discount 911 3402 7.38- 61492 Angeles Communications Inc 01069 Move phone and network 911 4810 64.90 61494 Austin International 01454 Generator w/10hp engine 911 4810 714.92 61507 Business Answerphone Service 02166 January Service fee 911 4150 130.00 61526 Ekstrom Industries Inc. 05042 Adapters 911 3501 210.18 61539 Ireland, David H 09133 Reimburse mileage -December 911 4310 51.35 61540 Jackson -Hirsh, Inc. 10213 Laminator,pouches 911 4310 622.27 61547 Madison, Donald E 13001 Contract svcs May -Sept 2000 911 4150 2,700.00 61561 Olympic Stationers Inc. 15030 Pens 911 3101 33.02 61570 Port Angeles City Treasurer 03062 Storm lunches 930 4810 47.50 3 -Hole punch 911 3101 85.74 CDL License -Drake 911 4310 20.00 61573 Puget Safety Equipment 16248 Hood liners 911 3501 148.90 Safety glasses 911 3501 65.40 61574 Quill Corporation 17000 Knife,markers,pencils,ribbon 911 3101 42.69 Paper rott,paper cutter 911 3101 62.98 Post-its,calendar 911 3101 34.58 Wall calendar 911 3101 10.03 Credit wall calendar 911 3101 10.03- 61575 Qwest 21001 12-14 Billing 911 4210 331.06 12-14 Billing 911 4210 43.18 61583 Smith & Associates Inc.,David 19122 Photogrammetric services 930 4150 16,558.72 61586 Summit Law Group PLLC 19437 General Labor Representation 911 4150 8,370.03 61591 Verizon Wireless, Bellevue 01105 12-15 Billing 911 4210 19.68 12-15 Billing 911 4210 9.32 12-15 Billing 911 4210 12.05 12-15 Billing 911 4210 9.32 12-15 Billing 911 4210 35.60 12-15 Billing 911 4210 9.32 61595 WESCO Distribution Inc. 23150 Time Keeper ram chip 911 4810 125.03 61597 Washington (DIS), State of 23111 November Scan charges 911 4210 53.33 61602 Western States Electric Inc. 23025 Pliers.wire mike 911 3501 232.41 Wire mike 911 3501 120.11 Switches 911 3402 2,555.07 Switches 911 3402 2,555.07 Wire strippers 911 3501 446.88 Splice 911 4310 80.93 Lamps 911 3402 1,079.00 61604 Xerox Corporation 24001 DC220SS lease agreement -Nov 911 4530 246.67 61606 Zee Medical Service Co. 26005 First aid supplies 911 3101 27 01/01/09-09:09 City of Port Angeles - LIVE MACHINE CHECK REGISTER Date From 12/09/2000 To 01/05/2001 Fnd Dpt Check Vendor Vendor Description GL Code Number Name Number Number 402 61231 Grainger Inc. 07015 61236 Insight Direct Inc. 09085 61316 US Filter Distribution Group 21077 61381 Nelson's Service 0007 61190 Angeles Concrete Products 61191 Angeles Millwork 14501 01070 01073 61199 Blake Sand & Gravel Inc. 02045 61200 Blue Mountain Tree Service Inc 02021 61206 Chemsearch 14004 61219 Dobson's 04054 61231 Grainger Inc. 07015 61233 Hartnagel Building Supply Inc. 08052 61236 Insight Direct Inc. 09085 61241 Kaman Industrial Technologies 11082 61245 Lakeside Industries Inc. 12036 61250 Lincoln Industrial Corp. 12047 61255 Metrocall 20000 61258 Middleton Auto and Truck Inc. 13117 61261 Murrell -Hickey & Associates 13588 61265 North Sound Bank 14177 January 09 2001 Page 18 Total for Light Total for Light Fund Hose reel 402 2370000 Cisco module 402 2370000 Couplings 402 1414000 Couplings 402 1411000 402 1414000 402 1411000 Hondo base unit,auger 402 2370000 Total for Department Control density fill 793 3101 Ecology blocks 754 3101 Exchange bushings 753 3101 Cord 754 3101 Batteries for amp meter 754 3101 Shelves,brackets,screws 753 3101 Parts for MPA tests 753 3101 Sonotubes,rebar 793 3402 Rock 753 3101 Rock 753 3101 Concrete bricks, concrete mix 753 3101 Remove trees from fence line 754 4150 De-icer aerosol 753 3101 De-icer aerosol 754 3101 V -Belts 754 3101 V -Belts 754 3101 Hi power 754 3101 Hose reel 754 3101 Timberblend 754 3101 Cisco module 754 4150 Bearings 754 3101 Seals 754 3101 Helical reducer gearbox 754 3101 Asphalt 753 3101 Asphalt 793 3101 Pipe 754 3101 11-25 Billing 754 4210 Vise 754 3101 Gasket set -air vents 753 3101 Scrapers,antifreeze 753 3101 Terminals,connectors 754 3101 Cap screws,hex nuts 754 3101 Lock washers 754 3101 Screws,nuts,washers 754 3101 Hex nuts 754 3101 EnviroRanger,accessories 754 3101 Escrow #751404468 -Primo Const 793 4150 0 Amount January 09 2001 Page 19 Amount 20.77 94.85 338.81 269.12 9.60 21.47 38.36 30.00 37.77 23.33 30.73 21.74 20.85 214.72 11.82 3,950.00 83.08 90.88 837.14 766.93 241,122.43 97.10 69.09 .04- 97.74 10.23 26.10 87.40 4.74 25.23 6.91 6.52 53.42 16.02 10.10 28.62 6.73 11.41 3.68 55.28 6.98 41.94- 79.27 36.88 94.07 6.67 27.42 53.67 2.55 8.53 01/01/09-09:09 City of Port Angeles -;-LIVE MACHINE CHECK REGISTER Date From 12/09/2000 To 01/05/2001 Fnd DP t Check Vendor Vendor Description GL Code Number Name Number Number 61271 Olympic Laundry & Clnrs Inc. 15026 Rags 753 3101 61273 Olympic Paper Company 15111 Towels,carwash mitts,brush 753 3101 Liquid chlorine 753 3101 Roll towels,toilet tissue 754 3101 61275 Olympic Springs Inc. 15029 Water 754 3101 Cooler rental 754 3101 61276 Olympic Stationers Inc. 15030 Frames,briefcase 754 3101 Adjust #37044 office supplies 753 3101 Computer paper 754 3101 Binder,pages 754 3101 Memo books,rolodex,record 753 3101 Calendars 753 3101 61279 Pacific Office Equipment Inc. 16004 Alpha main agreement pe 12-15 753 4210 Chair 754 3101 Adapter 754 3101 61280 Parametrix Inc. 16155 Quarterly toxicity tests 754 4150 61282 Pen Print Inc. 16009 Water meter records 753 3101 61283 Peninsula Daily News 16012 West 18th ST Closure 11-19 793 3101 61284 Pettit Oil Company 16302 Diesel 754 4710 Diesel 754 4710 61289 Primo Construction Inc. 16033 Downtown Water Mains -pmt 3 793 4150 61294 RadioShack Accounts Receivable 18003 Scanner 753 3101 61296 Richmond 2 -Way Radio 18009 Battery packs -handheld radios 754 3101 Price correction 754 3101 61306 Sunset Do -It Best Hardware 19035 Fence,silt 753 3101 Adapters -backflow 753 3101 Acetylene 753 3101 Carbon dioxide 753 3101 Sillcock key 753 3101 Pipe,ells,unions 754 3101 Bolts 754 3101 Nipples,ells 754 3101 Oxygen,acetylene,cylinder cap 753 3101 Oxygen,acetylene gauges 753 3101 Swivels,hose couplings 754 3101 Duplex sleeves,wire 754 3101 61308 Swain's General Store Inc. 19037 Knee pads 753 3101 Drink holder 753 3101 Tissue,spot remover 754 3101 Tape,batteries 754 3101 Battery 753 3101 Return raingear 753 3501 Windshield cleaner,band-aids 754 3101 Lantern,flashlight,batteries 753 3101 Gas can,coveralls 754 3101 Stretch cords 754 3101 Hand saws 753 3101 Coveralls 754 3101 61311 Thurman Supply 20005 PVC risers 753 3101 Bushings,outlet box,lock nut 753 3101 Nipples 754 3101 January 09 2001 Page 19 Amount 20.77 94.85 338.81 269.12 9.60 21.47 38.36 30.00 37.77 23.33 30.73 21.74 20.85 214.72 11.82 3,950.00 83.08 90.88 837.14 766.93 241,122.43 97.10 69.09 .04- 97.74 10.23 26.10 87.40 4.74 25.23 6.91 6.52 53.42 16.02 10.10 28.62 6.73 11.41 3.68 55.28 6.98 41.94- 79.27 36.88 94.07 6.67 27.42 53.67 2.55 8.53 01/01/09-09:09 City of Port Angeles - LIVE MACHINE January 09 2001 Page 20 Fnd Dpt Check Vendor Number Name 61317 United Parcel Service CHECK REGISTER Date From 12/09/2000 To 01/05/2001 Vendor Number 21005 61332 A & A Appliance Service Inc. 01002 61333 AT&T Wireless Services 01404 61334 AVAYA INC 12215 61339 AmTest Inc. 01034 61347 Brown and Caldwell 02057 61349 CH Diagnostic & Consulting 03576 61350 CH2M Hill 03005 61354 Diversified Resource Center 04052 61358 Edge Analytical 05223 61362 Familian NW 06020 61364 Fisher Scientific Inc. 06085 61370 WWCPA Secretary -Treasurer 23216 61371 K & L Supply Inc. 11010 61372 Lloyd Electric Apparatus Co. 12049 61379 Murrell -Hickey & Associates 13588 61381 Nelson's Service 14501 61382 North Coast Electric Company 14173 61385 Northwest Biosolids Mgmt Assn 14152 61390 Port Angeles City Treasurer 03062 61393 Power Quality Engineering, Inc 16510 61395 Public Utility Dist Clallam Co 16038 61397 Qwest 30 21001 Description GL Code Number Ceramic heater 754 3101 Wax rings,seal 753 3101 Lock nuts 754 3101 12-02 Shipping charges 754 4210 12-02 Shipping charges 754 4210 12-02 Shipping charges 754 4210 12-02 Shipping charges 754 4210 Repair dishwasher 754 3101 12-03 Billing 753 4210 12-03 Billing 753 4210 12-02 Billing 754 4210 12-02 Billing 753 4210 Silver testing 754 4150 Dioxin testing 754 4150 Sample testing 754 4150 Water testing 754 4150 Sample analysis 754 4150 WW System Imp pe 11-24-00 754 4150 Water analysis 793 4150 Water system assistance pe 11- 793 4150 Water system assistance pe 11- 793 4150 Water system assistance pe 11- 793 4150 Water system assistance pe 11- 793 4150 Water system assistance pe 11- 793 4150 Janitorial services 753 4150 Analyze samples 793 4150 Analyze sample 793 4150 Valve box lids 753 3101 Digital barometer 754 3101 Oven,controls 754 3101 2001 Dues-McGinley,Owens,Johns 754 4901 Pump top 753 3101 Gloves 754 3101 Repair motor,pump 754 4810 Correct price -Trans bracket 754 3101 EnviroRanger,accessories 754 3101 Hondo base unit,auger 754 3101 Wire 793 3402 Annual membership contribution 754 4901 Lunch meeting 754 4310 Renew certificate -Hunt 754 4210 Lunch meeting 754 4310 Postage 754 3101 Pizza -Safety mtg 754 4310 Variable speed drives 754 6510 12-20 Billing -Crown Z Rd 753 4710 12-11 Billing 203 Reservoir Rd 753 4710 12-02 Billing 754 4210 12-02 Billing 754 4210 206-741-2234 753 4210 206-T61-9715 753 4210 Am 73.37 6.53 1.73 9.24 28.93 5.85 19.11 141.62 37.01 14.16 15.59 7.79 14.45 440.00 400.35 152.15 106.25 7,379.62 1,017.00 6,541.65 4,114.15 2 4,05 2,684.72 77.83 721.00 135.00 22.23 161.85 1,272.15 30.00 251.14 958.15 11,191.91 250.87- 2,358.15 2,086.68 35.03 200.00 28.05 10.00 8.63 6.61 23.72 12,570.35 13.19 1 0 43.36 59.53 57.98 k 01/01/09-09:09 City of Port Angeles -' LIVE MACHINE January 09 2001 Page 21 CHECK REGISTER Date From 12/09/2000 To 01/05/2001 Fnd Dpt Check Vendor Vendor Description GL Code Number Name Number Number 0 61401 Sanderson Safety Supply Co. 19048 61411 Utilities Underground Loc Ctr 21010 61415 Washington (Ecology), State of 23106 61445 Maybee's Deli 13036 61480 Water Environment Federation 23031 61483 Young, Jeff 25129 61485 AT&T Business Service 01085 61491 All Phase Electric Supply Co. 01061 61492 Angeles Communications Inc 01069 61521 Washington (DOH), State (ABC) 23117 61522 Dept of Community Development 03066 61551 Midwest Laboratories Inc 13530 61554 Mine Safety Appliances Company 13218 61570 Port Angeles City Treasurer 03062 61575 Qwest 21001 61589 Technical Controls Inc. 20024 61590 USA BlueBook 21060 61591 Verizon Wireless, Bellevue 01105 61597 Washington (DIS), State of 23111 61396 QED Environmental Systems Inc 17011 0007 61191 Angeles Millwork 01073 206-T61-9772 753 4210 360-417-9460 753 4210 Klondike 753 3501 Soots 753 3501 Oxygen sensors 754 3101 November locates 754 4150 November locates 753 4150 2001 WW Op Cert renewal -Young 754 4901 Sack lunches 793 4310 NPDES Registration -Jeff Young 754 4310 Reimb chlorination fittings 754 3101 12-15 Billing 753 4210 Heater,bracket,thermostat 753 3101 2% Discount 753 3101 Repair modem 754 4210 Renew Water Works Cert -Hunt 754 4901 Water tests 753 4150 Soil analysis 754 4150 Annual Dynovac service 754 4150 Business lunch 793 4310 12-14 Billing 754 4210 12-14 Billing 753 4210 12-08 Billing 754 4210 12-16 Billing 754 4210 12-20 Billing 754 4210 12-20 Billing 754 4210 12-20 Bitting 754 4210 12-20 Billing 754 4210 12-20 Billing 754 4210 12-20 Billing 754 4210 12-23 Billing 753 4210 12-23 Bitting 754 4210 12-23 Bitting 754 4210 12-23 Billing 754 4210 Controllers 754 3101 Safety cabinet 754 3101 12-15 Billing 753 4210 12-15 Billing 754 4210 MS Excel 2000 753 3101 November Scan charges 753 4210 November Scan charges 754 4210 Total for Public Works Amount 57.98 174.01 65.14 215.78 164.76 13.47 13.48 30.00 67.63 275.00 87.23 30.84 457.50 8.48- 48.56 27.00 741.00 153.30 288.35 17.97 47.29 23.65 40.41 71.12 72.80 72.80 72.80 72.80 72.80 72.80 70.35 74.06 74.06 74.06 1,406.40 971.79 21.87 10.71 73.27 13.67 30.82 337,925.80 Total for Water/Wastewater Fund 338,105.49 Filters 404 2370000 55.21 - Total for Department 55.21 - Duct tape 755 4810 3253 01/01/09-09:09 City of Port Angeles - LIVE MACHINE January 09 2001 Page 22 Fnd Opt Check Vendor Number Name 421 0009 32 CHECK REGISTER Date From 12/09/2000 To 01/05/2001 Vendor Description Number 61195 Automotive Environmental Svcs 01041 61199 Blake Sand & Gravel Inc. 02045 61214 Cornell Auto Parts 03092 61234 Heartline, The 08054 61245 Lakeside Industries Inc. 12036 61250 Lincoln Industrial Corp. 12047 61271 Olympic Laundry & Clnrs Inc. 15026 61274 Olympic Printers Inc. 15027 61276 Olympic Stationers Inc. 15030 61283 Peninsula Daily News 16012 61293 Radio Pacific Inc. 11019 61306 Sunset Do -It Best Hardware 19035 61308 Swain's General Store Inc. 19037 61334 AVAYA INC 12215 61335 Airgas-Norpac Inc. 01411 61354 Diversified Resource Center 04052 61367 Idaho Tire Recovery Inc 09136 61390 Port Angeles City Treasurer 03062 61396 QED Environmental Systems Inc 17011 61397 Qwest 21001 61415 Washington (Ecology), State of 23106 61416 Waste Management - Northwest 23060 61468 Stromski, Claudia D 19745 61489 Advanced Environmental 01417 61575 Qwest 21001 61597 Washington (DIS), State of 23111 6120E Christian, David 03590 61220 Henke, Richard or Donita 08155 61299 Sandwick, Mrs. Kenneth 19738 Roller refill,paint tray Antifreeze processing Parking bumpers Parking bumpers Paint,thinner,brushes Battery Asphalt Repair dumpster #5 Repair dumpster #6 Laundry svcs-November Landfill deposit slips Folders Calendars 90 Gallon ads 11-01,11-15 Landfill ads 11-09,11-21 November commercials-KIKN #71 November commercials KONP #71 Thimble,clips Bolts Cover,paint tray liners Marking spray,fasteners Trash cans,spray paint Raingear Paint supplies Plastic bags,tape rules Raingear Wrench,hand warmers,baggies Gloves,wallet visor 12-02 Billing Hazardous waste Hazardous waste Hazardous waste Janitorial services Recycle tires Safety meeting food Filters 12-05 Billing LF Op recertification -Evans November recycling Reimburse Mgt Seminar books 500 Gallon waste oil tank 12-14 Billing November Scan charges GL Code Number 755 4810 755 3101 755 4810 755 4810 755 4810 755 3101 755 4810 755 4810 755 4810 755 3101 755 3101 755 3101 755 3101 755 4410 755 4410 755 4410 755 4410 755 3101 755 4810 755 4810 755 3101 755 3101 755 3101 755 4810 755 3101 755 3101 755 3101 755 3101 755 4210 755 3101 755 3101 755 3101 755 4150 755 3101 755 4310 755 3101 755 4210 755 4310 755 4150 755 3101 755 3501 755 4210 755 4210 Total for Public Works Total for Solid Waste Fund Energy rebate -insulation 913 4986 Energy rebate -heat pump,insula 913 4986 Energy rebate -insulation 913 4986 (8 Amount 6.05 30.00 323.05 107.68 99.37 53.90 283.17 1,338.10 1,425.31 74.24 255.62 18.42 21.73 227.20 181.76 51.25 37.50 4.22 61.96 12.24 47 5. 5.84 70.63 129.20 25.42 15.08 38.96 12.25 12.25 12.25 194.54 800.00 8.49 754.05 86.68 200.00 41,616.06 85.72 6,868.95 118.24 35.51 55,904.02 55, 240.00 500.00 536.00 01/01/09-09:09 0 Fnd Dpt Check Vendor Number Name 501 to • City of Port Angeles - LIVE MACHINE 61329 Wu, Cindy 61423 Andaleon, Amelia 61441 Kennedy, Scott 61451 Morris, Darryl 61452 Neske, Terry 61479 Vincent, Darrell 61570 Port Angeles City Treasurer 61375 McMaster -Carr Supply Co. 61564 Parts Incorporated CHECK REGISTER Date From 12/09/2000 To 01/05/2001 Vendor Number 23554 01479 11235 13587 14503 22108 03062 13202 18126 0007 61191 Angeles Millwork 01073 61207 Chevron USA (Credit Card pmts) 03060 61214 Cornell Auto Parts 03092 61217 Denver's Tire Co. Inc. 04044 Description GL Code Number Energy rebate -heat pump 913 4986 Energy rebate-Insulation,windo 913 4986 Energy rebate -heat pump 913 4986 Energy rebate -vinyl windows 913 4986 Energy rebate -lighting upgrade 913 4986 Energy rebate -Lighting upgrade 913 4986 Filing fee 913 4990 January 09 2001 Page 23 Total for Conservation Fund Socket sets,socket driver 501 2370000 Housing,bearings,switch 501 2370000 Six station auto lube manifold 501 2370000 Total for Department Hardware dowel 760 3101 Gas A/C #789-830-770-2 760 3210 Back-up lexan,right angle 760 3101 Door trim retainer 760 3101 Brake shoes,turn drum 760 3101 Credit brake shoe core 760 3101 Flat repair 760 4810 Wiper blades 760 3101 Relay,blower motor,oil 760 3101 Relay,blower motor,oil 760 4810 Flat repair 760 4810 Flat repair 760 4810 Balance wheel 760 4810 Clean brakes 760 4810 LOF,lubra kleen,safety check 760 3101 LOF,lubra kleen,safety check 760 4810 LOF,lubra kleen,spring release 760 3101 LOF,lubra kleen,spring release 760 4810 LOF,lubra kleen,wiper blades 760 3101 LOF,lubra kleen,wiper blades 760 4810 Flat repair 760 4810 Dismount,mount tires 760 4810 Mount,balance tires,valves 760 4810 Mount tires,balance,valves 760 4810 Plugs,valve,fuel filter 760 3101 Plugs,valve,fuel filter 760 4810 Flat repair,dismount,mount 760 4810 Dismount,mount,balance tires 760 4810 Demount,mount,balance tires 760 4810 Demount,mount, balance tires 760 4810 Repair flat tire 760 4810 Snow tires,studs,mount,balance 760 3101 Snow tires,studs,mount,balance 760 4810 Demount,mount,balance tires 760 4810 Tires,mount,demount,balance 760 3101 Amount 250.00 786.00 250.00 250.00 697.00 185.10 8.00 01/01/09-09:09 City of Port Angeles - LIVE MACHINE CHECK REGISTER Date From 12/09/2000 To 01/05/2001 Fnd Dpt Check Vendor Vendor Description GL Code Number Name Number Number 61219 Dobson's 04054 61225 Evergreen Collision -Body Shop 05000 61232 H & R Parts & Equipment Inc. 08045 61234 Heartline, The 08054 61241 Kaman Industrial Technologies 11082 61250 Lincoln Industrial Corp. 12047 61258 Middleton Auto and Truck Inc. 13117 34 Tires,mount,demount,balance 760 4810 Demount.mount,balance tires 760 4810 Install ball joints 760 3101 Install ball joints 760 4810 LOF,lubra kleen,mount tires 760 3101 LOF,lubra kleen,mount tires 760 4810 Repair horn,window adjustment 760 3101 Repair horn,window adjustment 760 4810 Repair flat tire 760 4810 Mount,demount,balance tires 760 4810 Demount,mount,balance tires 760 4810 Install master cylinder 760 3101 Install master cylinder 760 4810 Demount,mount,balance tires 760 4810 Demount,mount,balance tires 760 4810 Demount,mount,balance tires 760 4810 Repair flat tire 760 4810 Demount,mount,balance tires 760 4810 Demount,mount,baLance tires 760 4810 LOF,Lubra kleen,belt,flat rep 760 3101 LOF,lubra kleen,belt,flat rep 760 4810 Mount,demount,balance tires 760 3101 Mount,demount,balance tires 760 4810 Snow tires,studs,balance 760 3101 Snow tires,studs,balance 760 4810 Lugs,connectors 760 3101 Radiator core -pump station #10 760 3101 Gaskets,injectors.cores 760 3101 Batteries 760 3101 Batteries 760 3101 Batteries 760 3101 Radial bearings 760 3101 Repair roof,paint 760 3101 Repair roof,paint 760 4810 Replace door shell,paint 760 3101 Replace door shell,paint 760 4810 Wheels 760 3101 Steel 760 3101 Steel 760 3101 Flat bar 760 3101 Mudflaps 760 3101 Filters 760 3101 Filter 760 3101 Lens 760 3101 Parts 760 3101 Lamps 760 3101 Flashers 760 3101 Fuses 760 3101 Swivels 760 3101 Swivel 760 3101 Pump,core 760 3101 January 09 2001 Page 24 0 Amount 77.69 17.26 146.75 43.69 31.56 51.79 21.58 43.70 10.79 21.58 17.26 183.43 29.13 34.53 17.26 34.53 10.79 17.26 17.26 53.15 2 2 39 159.26 29.03 27.19 48.56 909.81 232.96 144.48 122.90 123.35 58.26 225.52 355.65 922.55 12.95 21.04 17.05 4.32 25.79 114.08 8.65 9.11 15.09 18.53 109.27 7.08 448.97 01/01/09-09:09 City of Port Angeles - LIVE MACHINE January 09 2001 Page 25 CHECK REGISTER Date From 12/09/2000 To 01/05/2001 Fnd DP t Check Vendor Vendor Description GL Code Amount Number Name Number Number Pump,core deposit 760 3101 124.28 Grease 760 3101 9.26 Credit core deposits 760 3101 281.74- Filters,switch,flashers,lamp 760 3101 189.67 Muffler,exhaust assembly 760 3101 137.34 Credit parts 760 3101 45.19 - Wiper blades 760 3101 15.17 Fittings 760 3101 89.49 Mirror arms 760 3101 36.00 Hoses 760 3101 306.98 Oil 760 3101 9.33 Swivels,antifreeze,cleaner 760 3101 145.53 Pump,core deposit 760 3101 83.08 Credit oil return 760 3101 5.47- Washers,fittings,swivels 760 3101 158.99 Belt 760 3101 21.98 Filter kit 760 3101 15.72 Wire 760 3101 19.42 Credit core deposit 760 3101 17.98 - Belt 760 3101 21.98 Dispenser 760 3101 51.76 Punch,pliers 760 3101 33.46 Filters,nuts 760 3101 49.94 Washers,screws 760 3101 17.26 Socket 760 3501 36.78 Switch 760 3101 7.12 Diaphragm 760 3101 9.06 Parts 760 3101 9.06 Parts 760 3101 9.06 Belt 760 3101 5.63 Belt 760 3101 22.50 Air filter 760 3101 27.75 Bearing 760 3101 29.54 Belt 760 3101 3.62 Tape,nuts,washers,filters 760 3101 42.27 61264 Norstar Industries Inc. 14108 De-icer nozzle set 760 3101 6.10 61270 Olympic Arma Coatings,Inc 01109 Coat canine barriers 760 3101 68.52 61276 Olympic Stationers Inc. 15030 Labels 760 3101 16.58 61277 Olympic Synthetic Products 15064 Tow strap with hooks 760 3101 270.90 2% Discount 760 3101 5.42- 61283 Peninsula Daily News 16012 Bid -Sewer Cleaning Jet Truck 760 4410 129.60 61284 Pettit Oil Company 16302 Bulk oil 760 3220 715.99 November cardlock 760 3210 3,004.60 November cardlock 760 3211 30.93 Gasoline 760 3210 3,887.00 Diesel 760 3211 4,120.80 Diesel 760 3211 324.21 Diesel 760 3211 1,974.12 61285 Points Sharp Steel Inc. 16092 Chisels,asphalt cutter 760 4810 16.80 Points,chisels,asphalt cutters 760 4810 50.41 61287 Port Angeles Ford Lincoln 16158 Belt 760 3101 315 01/01/09-09:09 Fnd Dpt Check Vendor Number Name 36 City of Port Angeles - LIVE MACHINE CHECK REGISTER Date From 12/09/2000 To 01/05/2001 Vendor Description Number 61298 Ruddell Auto Mall 61301 Schwab Tire Center, Les 61306 Sunset Do -It Best Hardware 61308 Swain's General Store Inc. 61317 United Parcel Service 18019 19459 19035 19037 21005 61319 Valley Freightliner Inc. 22062 61326 Washington Fire & Safety Equip 23004 61333 AT&T Wireless Services 01404 61334 AVAYA INC 12215 61336 Airpro Equipment Inc. 01270 61342 Ben -Ko -Matic 02574 61354 Diversified Resource Center 04052 61361 Evergreen Collision -Body Shop 05000 61373 Craft, Don 03424 61375 McMaster -Carr Supply Co. 13202 61380 N C Machinery Co. 14001 61389 Philip Services Corp 16511 61390 Port Angeles City Treasurer 03062 61408 Territorial Supplies Inc. 20001 61412 Valley Freightliner Inc. 22062 61498 Beckwith & Kuffel 02275 61529 Evergreen Collision -Body Shop 05000 Lock,bushings,pins Mount recaps Wheel balance,mount tires Tires,studs,snow wheels Retreads,studs,wheel balance Flat repair Tires,dismount,mount Wheel balance,studs Mount tires,balance Mount tires,balance Tires,balance Replace tire Tires,balance Flat repair Flat repair,valve stem repair Flat repair,wheel switch Flat repair Cylinder rentals Bolts,wingnuts,spray,primer Fender Utility blades Cultivator,rake,fork Hamners,hooks,drill handle Gas cans 12-02 Shipping charges 12-02 Shipping charges Parts Fire extinguisher maintenance 12-03 Billing 12-02 Billing Compaction equipment Gutter brushes Gutter brushes Gutter brushes Gutter brushes Janitorial services Radiator Terminal tool Socket sets,socket driver Gasket kit Cable Clean up contaminated tank Car Wash Accessories for 2000 Ford SlickStiks Amber filters Credit red filters Finance charge Parts Overhaul pump,parts Radiator repair January 09 2001 Page 26 0 GL Code Amount Number 760 3101 42.53 760 3101 267.31 760 3101 403.68 760 3101 745.46 760 3101 283.69 760 3101 19.69 760 3101 883.83 760 3101 180.52 760 3101 251.97 760 3101 251.97 760 3101 1,363.23 760 3101 344.81 760 3101 601.00 760 3101 19.69 760 3101 16.67 760 3101 46.88 760 3101 13.97 760 3101 26.98 760 3101 13.42 760 3101 62.04 760 3101 760 3101 760 3101 5* 760 3101 32.27 760 4210 4.40 760 3101 4.06 760 3101 59.09 760 4810 103.58 760 4210 19.91 760 4210 7.79 760 4150 494.24 760 3101 894.00 760 3101 893.99 760 3101 1,149.42 760 3101 1,149.42 760 4150 116.70 760 3101 188.53 760 3501 16.02 760 3501 327.72 760 3101 18.40 760 3101 215.34 760 4150 5,710.66 760 3101 6.00 760 6410 4,215.84 760 6410 1,315.57 760 6410 37.73 760 6410 760 6410 8 760 3101 20.79 760 3101 520.89 760 3101 193.17 01/01/09-09:09 City of Port Angeles - LIVE MACHINE CHECK REGISTER Date From 12/09/2000 To 01/05/2001 Ond Dpt Check Vendor Vendor Description GL Code Number Name Number Number 61563 Pacific Utility Equipment Inc. 21011 61564 Parts Incorporated 18126 61566 Perry's Tire & Brake Svc Inc. 16230 61572 Port Angeles Ford Lincoln 16158 61575 Qwest 21001 61597 Washington (DIS), State of 23111 61601 Western Peterbilt Inc. 23020 502 0002 61237 JMJ Corporation 10196 61273 Olympic Paper Company 15111 61279 Pacific Office Equipment Inc. 16004 61390 Port Angeles City Treasurer 03062 61492 Angeles Communications Inc 01069 61562 Oracle Corporation 15113 61570 Port Angeles City Treasurer 03062 61575 Qwest 21001 61584 Software Spectrum 19343 61591 Verizon Wireless, Bellevue 01105 61597 Washington (DIS), State of 23111 Repair Digger Derrick,boom 760 3101 Repair Digger Derrick,boom 760 4810 Housing,bearings,switch 760 3101 Six station auto lube manifold 760 3101 Tires 760 3101 Tires 760 4810 Monitor 760 3101 12-14 Billing 760 4210 November Scan charges 760 4210 Window regulator 760 3101 January 09 2001 Page 27 Total for Public Works Total for Equipment Services Fund LanOptics Guardian,NetGuard 250 3160 Computer paper 61334 AVAYA INC 12215 250 61346 Brooks, Gary 02277 3101 61355 Dungeness Communications & 04210 'Brother' label system 61369 Insight Direct Inc. 09085 61390 Port Angeles City Treasurer 03062 61492 Angeles Communications Inc 01069 61562 Oracle Corporation 15113 61570 Port Angeles City Treasurer 03062 61575 Qwest 21001 61584 Software Spectrum 19343 61591 Verizon Wireless, Bellevue 01105 61597 Washington (DIS), State of 23111 Repair Digger Derrick,boom 760 3101 Repair Digger Derrick,boom 760 4810 Housing,bearings,switch 760 3101 Six station auto lube manifold 760 3101 Tires 760 3101 Tires 760 4810 Monitor 760 3101 12-14 Billing 760 4210 November Scan charges 760 4210 Window regulator 760 3101 January 09 2001 Page 27 Total for Public Works Total for Equipment Services Fund LanOptics Guardian,NetGuard 250 3160 Computer paper 250 3101 Optical mouse 250 4810 Monitor arm 250 3101 12-02 Billing 250 4210 'Brother' label system 250 3101 Maintenance-Oct,Nov-services 250 4150 Ethernet adapters 250 6410 Ethernet adapter 250 6410 Memory modules 250 6410 Memory modules 250 6410 Modems,surge protectors 250 4810 Viking memory modules 250 4810 Network computer 250 6410 Barracuda hard drives 250 4810 Network computer 250 6410 Hard drives 250 6410 Hard drives 250 6410 Photo processing 250 3101 Hook up network wire in closet 250 4810 Cross connect stations 250 4210 Troubleshoot network wire 250 4810 'Enterprise' DBA part 1B 250 4310 Handy bundler refill 250 3101 12-14 Billing 250 4210 Anti-virus software licensing 250 3160 12-15 Billing 250 4210 November Scan charges 250 4210 Total for Information Systems Fund 3 0001 61253 Maxwell, Ron 13590 Reimburse medical svcs 121 4630 61314 UNUM Life Ins Co of America 21000 January premium 121 4631 61324 WCIA 23204 Pre -defense expenses -lawsuits 119 4999 61352 Clallam Co YMCA 03076 Member dues-Hainstock #31568 121 4150 61399 Regence Blue Shield -Dental 18234 Admin fee -January 2001 117 4601 Amount 445.44 2,341.43 272.95 108.54 433.98 34.52 122.44 23.65 6.25 158.37 50,938.97 50,887.03 2,680.81 191.79 59.29 37.77 23.38 86.27 512.50 194.22 194.22 769.33 769.33 518.97 149.98 2,535.65 707.81 2,535.65 1,359.54 2,039.31 11.38 48.56 64.15 48.56 1,760.00 14.02 70.94 1,977.91 16.60 9.19 19,387.13 20.00 1,124.92 82,744.77 399.00 ��i 01/01/09-09:09 City of Port Angeles - LIVE MACHINE January 09 2001 Page 28 CHECK REGISTER Date From 12/09/2000 To 01/05/2001 Fnd DP t Check Vendor Vendor Description GL Code Amouht Number Name Number Number 61488 AWC Employee Benefit Trust 01231 January Premium 121 4630 66,163.75 January Premium 121 4632 1,136.87 January Premium 121 4634 7,214.00 61495 Balser, Fred 02243 Reimburse Medicare premium -Jan 121 4635 45.50 61499 Bishop, Virgil 02019 Reimburse Medicare premium -Jan 121 4635 94.00 61504 Braun, Gary 02173 Reimburse Medicare premium -Jan 121 4635 50.00 Disability Board claims -Dec 121 4634 42.00 61508 Cameron, Kenneth 03252 Reimburse Medicare premium -Jan 121 4635 75.00 61509 Camporini, Richard 03273 Reimburse Medicare premium -Jan 121 4635 46.10 Disability Board claims -Dec 121 4634 91.00 61519 Darling, Greg 04004 Disability Board claims -Dec 121 4634 56.17 61524 Doyle, Jerry 04022 Disability Board claims -Dec 121 4634 77.74 61531 Gates Service Company, Frank 07208 Workers' Compensation -4th Qtr 118 4140 2,500.00 61534 Hall, Michael D 08002 Disability Board claims -Dec 121 4634 29.88 61541 Johnson, Donald G 10052 Reimburse Medicare premium -Jan 121 4635 43.80 61542 Johnson, Harry 10047 Reimburse Medicare premium -Jan 121-4635 50.00 61544 Lindley, James K. 12019 Reimburse Medicare premium -Jan 121-4635 45.50 61545 Loucks, Jasper 12186 Reimburse Medicare premium -Jan 121=4635 85.00 Disability Board claims -Dec 121-4634 36.50 61552 Miesel, Phil 13261 Reimburse Medicare premium -Jan 121'','4635 46.10 61555 Morgan, Roy 13145 Reimburse Medicare premium -Jan 121"4635 46.10 61557 NW Admin Transfer Acct 14169 January premium 121`4633 12,63 January premium 121 4633 15,60 January premium 121 4634 6,498.20 61576 Rainier EAP Inc. 18057 Assessment and Referral Svcs 121 4150 330.00 61579 Riepe, Tom 18081 Disability Board claims -Dec 121 4634 68.16 61588 Sweatt, Johnnie 19146 Reimburse Medicare premium -Jan 121 4635 65.70 61596 Ward, Dennis 23233 Disability Board claims -Dec 121 4634 50.00 Total for Self - Insurance Fund 199,254.69 602 0002 61528 Evans, Sid 05103 Reimburse Medicare premium -Jan 225 4635 45.50 61535 Hansen, George D. 08048 Reimburse Medicare premium -Jan 225 4635 46.80 Total for Firemen's Pension Fund 92.30 650 61571 Port Angeles Downtown Assn. 16024 Pmt of Decal/Lease funds 650 2319100 1,100.00 Pmt of Decal/Lease funds 650 2290000 1,900.00 Total for Off - Street Parking Fund 3,000.00 652 0008 61203 Camera Corner 03044 Film,slide processing 868 3101 30.91 61308 Swain's General Store Inc. 19037 Paper towels,cleaners 868 3120 18.58 61334 AVAYA INC 12215 12-02 Billing 868 4210 7.79 61502 Bonsteel, Chuck 02579 Honorarium 868 4150 250.00 61525 Dunn & Wolf 04358 Light bulbs 868 3120 128.19 61561 Olympic Stationers Inc. 15030 Mat boards,sheet protectors 868 3101 Sheet protectors,binders 868 3101 61568 Port Angeles Auto Glass 16021 Plexiglass 868 3101 14.03 61575 Qwest 21001 12-14 Billing 868 4210 23.65 12-14 Billing 868 4210 67.38 38 01/01/09-09:09 Ond Dpt Check Vendor Number Name City of Port Angeles - LIVE MACHINE CHECK REGISTER Date From 12/09/2000 To 01/05/2001 Vendor Description GL Code Number Number 61597 Washington (DIS), State of 23111 697 61243 Kurtz, Tia N 11233 698 61205 Chapter 13 Trustee 03105 61227 Flex-PLan Services (Payroll) 06062 61244 LEOFF 12043 61267 Office of Support Enforcement 15072 61268 Office of Support Enforcement 15166 61278 PERS 16016 61297 Robben Blaubert Rahlfs and 18386 61305 States West Life Insurance Co. 19313 61315 US Department of Education 21075 61318 United Way;(payroll) 21028 61321 VOLunteer'Tire--Association 22060 61431 Chapter 13 `Trustee 03105 61435 Flex-PLan Services (Payroll) 06062 61453 Office of Support Enforcement 15072 61454 Office of Support Enforcement 15166 61463 Robben Blaubert Rahlfs and 18386 61477 US Department of Education 21075 61478 United Way (payroll) 21028 C January 09 2001 Page 29 12-23 Billing 868 4210 November Scan charges 868 4210 Total for Esther Webster Trust Fund Refund Medic 1 overpayment 697 2391000 Total for Accts.Receivable Clearing Fund Payroll deductions pe 12-10 698 2315210 Payroll deductions pe 12-10 698 2315210 November contribution 698 2315120 Payroll deductions pe 12-10 698 2315210 Payroll deductions pe 12-10 698 2315210 November contribution 698 2315130 Payroll deductions pe 12-10 698 2315210 States West Life 698 2315160 Payroll dedcuctions pe 12-10 698 2315210 Payroll deductions pe 12-10 698 2315240 Payroll deductions pe 12-10 698 2315210 Payroll deductions pe 12-24 698 2315210 Payroll deductions pe 12-24 698 2315210 Payroll deductions pe 12-24 698 2315210 Payroll deductions pe 12-24 698 2315210 Payroll deductions pe 12-24 698 2315210 Payroll deductions pe 12-24 698 2315210 Payroll deductions pe 12-24 698 2315240 Total for Accounts Payable Clearing Fund Grand Total Amount 77.03 127.19 780.77 523.00 523.00 175.00 924.23 21,698.06 1,287.15 89.08 48,656.20 309.00 506.80 69.41 372.70 40.00 175.00 924.23 1,287.15 89.08 90.05 69.41 372.70 77,135.25 1,695,515.44 39 • GELES CITY COUNCIL DATE: January 16, 2001 To: MAYOR DOYLE AND CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works and Utilities SUBJECT: Fiber Optic Cable Purchasing Revised Authority Summary: The lead-time to order and receive fiber optic cable has been confirmed to be at least one-year due to unique market conditions. In lieu of placing an order, an unsuccessful attempt to purchase fiber optic cable through the sealed bid process was made. Sealed bids were advertised and closed on December 6, 13, and 20, 2000. A single bid was received on December 20"i for ADS cable that would be delivered by 7/1/2001, which was 40%above the engineer's cost estimate. Recommendation: Reject the sealed bid received on December 20, 2000; adopt the attached resolution to waive the competitive bidding process for the advance purchase of fiber optic cable; grant the City Manager with the Public Works and Utilities Director as his alternate, the authority to negotiate and enter into contracts for the advance purchase of fiber optic cable; and grant the City Manager with the Public Works and Utilities Director as his alternate, the authority to place an order to purchase fiber optic cable under a cooperative purchase agreement. Once contracts are executed, the City Manager, Mayor and City Council will be promptly notified. Background/Analysis: On October 17, 2000, City Council approved the Community Telecommunications Action Plan ("Action Plan") as recommended by the Utility Advisory Committee (UAC) and Port Angeles Works! (PA Works!). As part of that approval, Council authorized Staff to start the process to purchase fiber optic cable, in an amount not to exceed $350,000 (25 miles of 48 strand fiber optic cable) recognizing an advance purchase was necessary due to the long lead-time between order and delivery. On November 21, 2000, Council authorized the City Manager with the Public Works Director as his alternate, the authority to enter into contracts for the purchase of fiber optic cable, for a total cost not to exceed $400,000 (plus sales tax). The City's consultant, Metropolitan Communications Consultants (MCC), completed the preliminary business planning to determine fiber optic cable specifications, fiber count and reel lengths, and assisted Staff with the development of a sealed bid document. The preliminary business planning recommended the backbone contain a minimum of 48 strands, preferably 96 strands, of fiber optic cable. The budget was increased from $350,000 to $400,000 (sales tax not included) to enable the purchase of 96 strand fiber optic cable if possible. 41 City Council Memo RE: Fiber Optic Cable Purchasing Revised Authority Page 2 A total of three attempts for the advance purchase of fiber optic cable through the competitive bidding process was made on December 6, 13, and 20, 2000. The advance purchase sought delivery prior to July 1, 2001. On December 20�h, only one bid was received for fiber optic cable that would be delivered by 7/1/2001 that was 40% above the engineer's cost estimate. State law (RCW 35.23.352(9) and RCW 39.04.280(1)(b)) allows the City to waive the competitive bidding requirements under certain conditions such as purchases involving special market conditions. Unsuccessful attempts to purchase fiber optic cable through the sealed bid process have confirmed that special market conditions apply. Staff now recommends that Council adopt the attached resolution to waive the entire competitive bidding process until the unfavorable market conditions cease to exist. The resolution recites the factual basis to waive the competitive bidding requirements as required by State law (RCW 35.23.280(2)(a)). Anticipating that an advance purchase of fiber optic cable may not be possible, Staff recommends that an order be placed through a Public Utility District that has placed an order. Such a purchase could be possible through an interlocal agreement. In the event that waiving the competitive bidding process enables an advance purchase, the cooperative purchase agreement would need to allow cancellation of the order. However, in the event advance purchase efforts are unsuccessful, placing an order will ensure the project will be completed in a timely fashion. • On January 8, 2001, the Utility Advisory Committee recommended that Council approve the is recommendations within this report. NAPWKSUGHT\P0WWCCFIBER3 42 • RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, waiving the competitive bidding process, in accordance with State law, for the purchase of fiber optic cable due to special market conditions. WHEREAS, the City Council has approved development of a fiber optic backbone as one of its economic development goals; and WHEREAS, delivery of fiber optic cable is currently from 12 to 16 months due to fixed manufacturing capability and a worldwide shortage; and WHEREAS, a call for bids by the City including 3 separate closing dates (December 6, 13, and 20, 2000) was unsuccessful, resulting in a single response for fiber optic cable 40% beyond the engineer's cost estimate; and WHEREAS, based on the fixed manufacturing capability for fiber optic cable, the worldwide shortage of such cable, and the City's unsuccessful bidding process, there are special market conditions that apply to the City's purchase of fiber optic cable; and WHEREAS, State law (RCW 35.23.280(2)(a)) requires the City to recite the factual basis of special market conditions that support a waiver from the competitive bidding requirements; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles as follows: Section 1. The City Council finds that the fixed manufacturing capability for fiber optic cable, the worldwide shortage of such cable, and the City's unsuccessful competitive bidding process for purchasing fiber optic cable demonstrate that purchase of fiber optic cable is subject to special market conditions. Section 2. Pursuant to State law (RCW 35.23.352(9) and RCW 39.04.280(1)(b)), the City Council hereby declares that the competitive bidding requirement for fiber optic cable purchases involves special market conditions and is therefore waived; provided that should such special market conditions significantly improve or no longer exist, this waiver shall cease to be in force and effect. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 16'' day of January 2001. 0 ATTEST: Becky J. Upton, City Clerk F:\ORDINANCES&RESOLUTIONS\R2000-15 MAYOR APPROVED AS TO FORM: Craig D. Knutson, City Attorney 43 • • SORT COUNCIL DATE: January 16, 2001 NGELES TO: MAYOR DOYLE AND CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works and Utilities SUBJECT: Interlocal Agreement for Testing of Fire Apparatus Summary: The City has received a request from Clallam County Rural Fire Protection District No. 2 to utilize the City Fire Department's permanent pump testing facility at the Wastewater Treatment Plant. The Wastewater Treatment Plant and the Fire Department have reviewed the request and concur with the use. Recommendation: Approve the Interlocal Agreement with Clallam County Rural Fire Protection District No. 2 and authorize the City Manager to sign. Background / Analysis: The City of Port Angeles has received a request from Clallam County Rural Fire Protection District No. 2 (District 2) to utilize the City Fire Department's permanent pump testing facility at the Wastewater Treatment Plant. District 2 currently utilizes a site at the Elwha River for their pump testing which is unsatisfactory for their use and is not always available to them. The site at the Wastewater Treatment plant has been especially designed by the City Fire Department for pump testing and pumps from the chlorine contact chamber (clean effluent) and then returns it to the chamber. The City Attorney has written an agreement that would satisfy the needs of District 2 and the City. The agreement has been reviewed by Chief Jon C. Bugher and District 2 is agreeable to the terms and conditions. The City Fire Department supports the request in the mutual interest of the City and District 2 to further their cooperative relationship in providing emergency services to the greater Port Angeles area. Attach: Interlocal Agreement for Testing of Fire Apparatus N:\Agree-Contract\CCFireDist2Agmt.wpd INTERLOCAL AGREEMENT TESTING OF FIRE APPARATUS i This agreement is entered into this day of , 2001, between Clallam County Rural Fire Protection District No. 2 (hereinafter District 2) and the City of Port Angeles (hereinafter City). RECITALS WHEREAS, District 2 is looking for a permanent location to conduct annual pump testing for its equipment; and WHEREAS, the City has established a permanent pump testing facility located at the Wastewater Treatment Plant (WWTP), which is used by the City Fire Department; and WHEREAS, it is in the mutual interest of the City and District 2 to further their cooperative relationship in providing emergency services to the greater Port Angeles area; and WHEREAS, the parties desire to enter into an agreement setting forth their respective responsibilities; NOW, THEREFORE, in mutual consideration of the promises contained herein, the parties agree as follows: 1. District 2 shall be responsible to notify the City, at a minimum of 24 hours in advance, of its intent to conduct testing at the WWTP. 2. District 2 shall conduct its testing during regular hours when the WWTP is open and shall not interfere with the ongoing day to day operations of the facility. 3. The City, in its sole discretion, shall determine whether circumstances allow for District 2 to have access to the pump testing facilities and will provide the water for testing and discharge, which will be at no charge to District 2. 4. District 2 shall provide a copy of the District's insurance showing the City as an additionally named insured. 5. District 2 agrees to defend, indemnify and hold the City of Port Angeles, its elected and appointed officers, and employees harmless from and against any claim, demand, judgment, cost or expense, including reasonable attorney Fire District No 2 & City of Port Angeles Interlocal Agreement for Testing Fire Apparatus Page 1 fees, because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person(s), or property damage, arising from District 2's pump testing and related activities pursuant to this Agreement. 6. This Agreement may be terminated by either party, in its sole discretion, by giving no less than 30 days notice to the other party of its intent to terminate, specifying the effective date thereof. CITY OF PORT ANGELES Mike Quinn, City Manager Date ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney F:WGREEMENTS&CONTRACTS\FireDist2Agmt.wpd Fire district No 2 & City of Port Angeles Interlocal Agreement for Testing Fire Apparatus CLALLAM COUNTY RURAL FIRE PROTECTION DISTRICT NO.2 Jon C. Bugher, Fire Chief Date Page 2 47 • • NGELES DATE: January 11, 2001 TO: MAYOR DOYLE AND CITY COUNCIL FROM: Michael Quinn, City Manager cju 9 --- SUBJECT: Grant Application - Carnegie Building Summary Additional funding for the renovation/restoration of the Carnegie Building is being sought. This application is a modified submittal to the Ben and Myrtle Walkling Memorial Trust (Walkling Trust) for a capital amount of $200,000. While this project application justifies future) funding, it must also be looked at in terms of justifying future commitments. Recommendation: Authorize the City Manager to submit a revised application to the Walkling Trust in the amount of $200,000. Background / Analysis: Since the transition of the Historical Society from the County Courthouse operation in late 1998, there has not been a developed museum operation in the community that was commensurate with the prior offering. While we have display material at the Federal Building and at the Lincoln School site, a concentrated display area catering to the public has not been a reality. There have been several project overtures in the past couple of years to partner with other agencies to leverage funding and land swaps to obtain sufficient resources to restore the Carnegie Building to a use beneficial to the community. Unfortunately, the final conclusion could never be realized from these proposals. Over the last two budget years, I have recommended to the Council that we set aside General Fund savings toward the CIP with a specific emphasis toward building resources for the Carnegie Building project. We are now at an approximate amount totaling over $650,000 derived from $200,000 from the Library Bond proceeds remaining from the original dedication, $200,000 from the 1999 Budget as part of the City's $1.65 M redistribution of reserves, and approximately $250,000 anticipated to be saved from the 2000 Budget expenses. The Spring 2000 estimate received from our consultant (Stuart Bonney of Olympic Design Works, Inc.) on the design of the project was a range of $911,000+ to $1,157,000+ depending upon renovation or restoration issues. If we are successful in this application, we are getting reasonably close to the renovation estimate. Last year in May we applied to the State through the Washington Heritage Program for capital construction funds but were unsuccessful; and in September we applied to the Walkling Trust which is still open. We also authorized last November a value engineering study of the seismic retrofit to the building in the hope of reviewing cost estimates and reducing this expense impact. The Walkling Trust has requested a revised application from the City for consideration with G: MASTFORWCOUNCH—WPT Last Revised: 6/29/99 49 several conditions (attached). The main emphasis is that this building be of a public -oriented use rather than privately oriented as in a lease situation, and that a strong preference be stated for a joint operation with the Historical Society. It is staff s preference that the Carnegie be returned to a public use beneficial to the community and an enhancement to the downtown. We feel this can best be served through a partnership with the Historical Society, and ancillary support from the County and other public and private agencies. While it is important to seek additional funding for this project, the most important implications involved in this authorization are the following: 1. The direction that we are oriented toward a public use rather than a private use for this building. Rather than lease the building as a rental to the private sector, this space would involve an activity of public access and use. Staff s best conclusion is that the museum option fits this criteria the best and is realistic in achieving such a goal of operation that is beneficial to the community. 2. The partnership of a joint application with the Historical Society that could eventually lead to their operation of a museum and possibly other supporting actions like a small retail center for items of interest, an interactive display area, possible meeting space, computer information availability, etc. This option is highly preferred by the Walkling Trust but not necessarily mandated. However, I feel we must be comfortable with this direction before authorizing application since it is implied that we would likely be partners. 3. While we could defer this decision on renovation versus restoration of the building, I believe that we should also feel comfortable that the best direction is renovation from a cost perspective and being realistic that this project could be accomplished in a reasonable time. The State program is a two year application cycle, and the concern is that the building should be put into productive use sooner than later. Considering the above, it is staff s recommendation that we proceed with a joint application to the Walkling Trust in concert with the Historical Society. I made a similar presentation to the Historical Society Board on 1/9/01 and received a 16-2 favorable vote to partner with the City. While we have not finished the final application at the time of this memo, the prior one is attached for reference and we will modify it to answer the questions posed by the Trust. G:\MASTFORM\COLJNCIL.WPT Last Revised: 6/29/99 50 • • is Ben and Myrtle Walkling Memorial Trust P.O. Boz 1588 • Port Angeles, Washington 98362 (360) 452-8561 December 15, 2000 Mr. Mike Quinn City Manager City of Port Angeles P.O. Box 1150 Port Angeles, WA 98362 Dear Mr. Quinn: e- V E D E G - 20212 �fkq of Port AlIkews In response to your 2001 grant application, the Trustees of the Ben and Myrtle Walkling Memorial Trust applaud your interest and efforts to preserve and restore the Carnegie Library building. We received an application from both the City and the Clallam County Historical Society for the Carnegie Library building project. We have encouraged the Clallam County Historical Society to join with you in making a joint application to the Walkling Trust. The following criteria will apply to your application: 1) Completed application must be received no later than January 23, 2001. 2) The Walkling Trust's preference is for a joint application with the City and Clallam County Historical Society but would consider an application solely from the City. 3) Use as public access facility as opposed to a private facility. Public access to upper floor could include Clallam County Historical Society historical museum artifact or arts exhibitory space, school district public displays, and public meeting space. List other potential public uses. 4) Give timeline for stages of Carnegie Library project and for completion of project. 5) Give timeline for development of a written agreement outlining the details and responsibilities between the consortium consisting of the City, Clallam County Historical Society, Port Angeles School District, and Clallam County and outlining occupancy and use of the restored Carnegie Library. 6) If the Carnegie Library project was to receive Walkling approval for a large grant project, access to these funds would be contingent upon other funding secured and upon completion of the project. TVI LKLINGGRANTS2001.city.doc 51 Letter to City of Port Angeles December 15, 2000 Page 2 Walkling Trust's preference for the restored facility includes use as a public access facility as opposed to a private facility and not as an agency's administration space. Public access to upper floor could include Clallam County Historical Society historical museum artifact or arts exhibitory space, school district public displays, and public meeting space. A copy of your completed application for the September 30, 2000, deadline is included for your information. We look forward to receiving your joint application for the Carnegie Library project. Sincerely, BEN & MYRTLE WALKLING MEMORIAL TRUST Charles R. Turner Secretary kly Enclosure 52 • • Ben and Myrtle Walkling Memorial Trust P.O. Box 1588 ♦ Port Angeles, WA 98362 (360) 452-8561 For: ( ) Charitable Grant ( x ) Civic Grant Name, Address and Telephone Number of Organizations City of Port Angeles P.O. Box 1150 Port Angeles, WA 98362 360 - 457-0411 Purpose of Organizations: The City of Port Angeles is a local municipal governmental unit. Representatives of Organizations: Mike Quinn, City Manager City of Port Angeles P.O. Box 1150 Port Angeles, WA 98362 Phone: 417-4500 IsDescription of Project: To preserve and restore the Carnegie Library, building exterior and interior as an example of local/regional heritage and historically significant architecture. Once restored, the facility would be available for use as a public facility as opposed to a private facility. Potential uses of the restored facility could include historical museum artifact or arts exhibitry space, public meeting or agency administration space, and or some appropriate combination of such uses which would provide public access to the renovated interior. To -date, the restoration and occupancy for the facility has included (1) Structural and cost analysis and restoration specifications, (2) initial demolition and removal of the 1962 library addition, and (3) partnership planning by a consortium consisting of the City, Clallam County Historical Society, Port Angeles School District, and Clallam_County. While the members of the consortium have agreed on the significance for accomplishing the restoration effort, a written agreement regarding occupancy and use of the restored Carnegie, outlining the details and responsibilities between such a partnership have not yet been completed. Approximately $200,000 have been invested to -date toward the restoration effort, primarily for structural engineering and demolition. Additional funds for accomplishing the project include approximately $200,000 in City funds which have been specifically earmarked for the Carnegie. Additional sources of restoration resources are being sought and could include additional City funds, public and private grants including the state Capital Projects Fund for Washington's Heritage and the potential for in kind contributions from the local/regional professional construction community 53 Amount Requested: $200,000. That amount, together with the $200,000 now available from the City, would allow the seismic retrofit work to be accomplished which is essential to the preservation of the facility and a critical first step toward restoration work. It also would be cited as additional "local matching funds," often required by grants from out -of -county sources, to help generate additional funding. Project's Total Budget Including All Proposed Sources and Uses of Funds: Approximately $lmillion. Sources of funds include $200,000 in earmarked city fund, other city resources, and private and public grants including the state Capital Projects Fund for Washington's Heritage. All money will be spent on restoring the building's structure, appearance, heritage and architectural significance. How Request Benefits the Citizens of Port Angeles or Clallam County: 1. Would help preserve and restore a historically significant example of public facility architecture. 2. Would help preserve and exhibit a historically significant example of our community's heritage. 3. Would help provide public access and a public use of one of the city's most notable historic buildings. 2. Would help preserve another historic building along Lincoln Street, the city's heritage main street. 5. Would help provide a tourist attraction which is highly visible and has easy access for visitors. How Gift From Ben and MyrtleWalkling Memorial Trust Would Be Acknowledged: A plaque in a suitable location on the building indicating that the Carnegie Library building could not have been restored without the financial support of the Ben and Myrtle Walkling Memorial Trust. • C 54 Ben and Myrtle Walkling Memorial Trust P.O. Boz 1588 • Port Angeles, Washington 98362 (360) 452-8561 Application Completed application must be received no later than January 23, 2001. FOR: ( ) CHARITABLE GRANT ( ) CIVIC GRANT NAME, ADDRESS, AND TELEPHONE NUMBER OF YOUR ORGANIZATION* PURPOSE OF YOUR ORGANIZATION REPRESENTATIVE OF YOUR ORGANIZATION (name, phone(s)) DESCRIPTION OF YOUR PROJECT AMOUNT REQUESTED** PROJECT'S TOTAL BUDGET INCLUDING ALL PROPOSED SOURCES AND USES OF FUNDS (ATTACH AS MANY PAGES OF EXPLANATION AS NECESSARY). REMEMBER: THE WALKLING TRUST DOES NOT FUND ON-GOING OPERATING BUDGETS. THE WALKLING WILL SPECIFIES THAT FUNDS MUST BE USED FOR THE BENEFIT OF CITIZENS OF PORT ANGELES OR CLALLAM COUNTY. PLEASE DESCRIBE HOW YOUR REQUEST MEETS THIS REQUIREMENT. HOW WOULD YOU PROPOSE TO ACKNOWLEDGE THE GIFT FROM THE BEN AND MYRTLE WALKLING MEMORIAL TRUST? * Organizations other than municipal corporations and churches should attach a copy of IRS tax exemption letter. ** Funds are awarded on a one time basis only. Please do not assume that. because your organization was awarded funds in any year that the succeeding years will be automatic, even if your request is virtually identical to one which was granted previously. n 55 • • • 56 "WOW& ES 4 ORT N�«.. W A S H I N G T O N, U.S.A. CITY COUNCIL To: Mayor and City Council From: Cathy McKeown and Loren Erickson Date: January 11, 2001 Subject: Human Service funding We reviewed funding requests and suggest allocation as the attached schedule indicates. As per Council directive, our focus was to direct funding to children, especially those in need of attention to medical, education and positive social skills. Patty Hanna, United Way Director, Loren Erickson, and Cathy McKeown will be available for questions. 321 EAST FIFTH STREET • P. O. BOX 1-150 • PORT ANGELES, WA 98362-0217 PHONE: 360-417-4500 0 FAX: 360-417-4509 0 TTY: 360-417-4645 E-MAIL: COUNCIL@CI.PORT-ANGELES.WA.US 57 City of Port Angeles Community Service Budget Requests Submitted by Cathy McKeown and Lauren Erickson, Council Members Community Action Council Adult Action Center 6,500 15,000 8,000 Health Care Access 8,000 10,000 10,000 Diversified Resources Employment Support 7,500 no request n/a Transition Youth Program 10,000 10,000 Activities coordinator 4,500 no request We Family Planning Clinic Services 1,000 no request n/a Male Educator 19,500 no request n/a First Step Drop-in Center 13,000 13,000 13,000 Healthy Families Exchange Club Center 12,000 25,000 25,000 Safehome/Sexual Assult 13,000 no request n/a Lutheran Social Services Supervised Family Visits 0 1,200 1,200 Boys & Girls Club West Side Club 7,500 closed n/a Mt Angeles Club 13,000 30,000 25,000 Peninsula Community Mental Health Crisis Line 6,000 8,500 8,500 Charitable Care 5,000 8,500 5,000 Peninsula Dispute Resolution Center 0 5,000 0 Pro Bono Attorneys 0 3,000 0 Serenity House Childcare 3,500 5,000 9,800 YMCA Scholarships 4,500 4,500 0 Teen Scene 16,550 20,000 _ 20,059 Childcare/Daycamp 0 7,000 11,500 Program Total 141,050 165,700 147,059 United Way Administration Fee @ 2% 2,821 3,314 2,941 TOTAL UNITED WAY 143,871 169,014 150,000 • 11 0 •.......... A. A Cl Sh Adn Be Ma 0 In Eco. • ORT NGELES W A S H I N G T 'O N, U. S. A. DATE: January 10, 2001 TO: City Manager Quinn, Mayor Doyle and City Council FROM: TimothyJ. Smith Economic Development Direg,7 p SUBJECT: Public Hearing Regarding Application to Community Development Block Grant Program SUMMARY and RECOMMENDATION: The purpose of the Washington State Community Development Block Grant Program (CDBG) is to improve and maintain the economic and physical environment to enhance the quality of life for low to middle income residents. Grant applicants are required to conduct a Public Hearing to determine the scope and potential submission of a CDBG application. We recommend Council conduct a Public Hearing to receive input on the community's major housing and community development needs, including the needs of low -moderate income persons. ISSUE: Shall the council conduct a Public Hearing to receive input on housing and community development needs, including the needs of low to moderate income persons? BACKGROUND /ANALYSIS: The Washington State Community Development Block Grant Program (CDBG) is a flexible source of funding for a broad range of community development activities. The purpose of the CDBG Program is to improve and maintain the economic and physical environment of cities and counties in order to enhance the quality of life for low- to middle income resident. CDBG-funded projects must meet one of three objectives: To principally benefit persons of low to moderate income; To prevent or eliminate slums or blight; To meet urgent community development needs posing immediate threat to public health and safety. Two types of CDBG grants are available. Planning -Only Grants are available year round for up to $24,000 for single jurisdictions and $40,000 for a multiple jurisdiction project. General Purpose Grants (up to $750,000) are available twice annually and may be used for projects involving housing, economic development, community facilities, public facilities, or a combination. Applying for both CDBG grant programs during the same funding year is allowed. Since the early 1990's the City of Port Angeles has utilized CDBG funds for a variety of projects including development of our Senior Citizens and Community Center ($500,000), planning and implementation for the housing rehabilitation program ($2.5 million), planning for the new food bank ($17,600), and planning and implementation of the Evergreen Village Project. Attachments: CDBG Block Grant Program- * Public Hearing Handout City of P.A. Citizen Participation Strategy m PUBLIC HEARING HANDOUT Community Development Block Grant(CDBG) � ( G) Program WA%*&" ONSTATE00NF&RiNMVMA1VE00A10011CDEVELOMW &X.M 'RXRMT10WK R MERn11W Introduction: The Washington State Small Cities CDBG Program is designed to fund local housing, public and community facilities, economic development, and planning projects which principally benefit low- and moderate -income households. All local projects must meet at least one of three national objectives of this federal -funded program (Title 1, Housing and Community. Development Act of 1974, as amended), which are to: • Principally benefit persons of low-income • Prevent or eliminate slums or blight; or • Meet urgent community development needs which pose a serious and immediate threat to public health or safety. Eligible applicants for the Washington State Small Cities CDBG Program are cities and towns with tess'than 50,000 in populations.or counties with less than 200,000 in populations provided the cities, towns, and counties do not participate as members of HUD Urban County Consortiums. Indian tribes and special purpose organizations such as public housing authorities, port districts, community action agencies, and economic development councils, are not eligible to apply directly to the CDBG Program for funding. However, eligible jurisdictions may choose to involve Indian tribes within their jurisdiction or to involve other organizations in activities funded by a grant. Available Planning OnlyG= $300,000 Grants: The Planning -Only Grant Program is one of several CDBG programs that award funds throughout the state. Eligible town, cities or Counties can apply for up to $24,000 for a single jurisdiction or $40,000 for a multiple jurisdiction planning project that principally benefits low- and moderate- income persons. Applications are processed throughout the year on a funds available basis and must meet one of the following program priorities: • To address public health and safety issues • To respond to state and federal mandates • To improve essential services to low- and moderate- income persons • To complete a, necessary step within a broader community development strategy For more information about CDBG Programs phone (360) 586-0869. 1999-2000 Planning -Only Grant Application 14 January 2000 PUBLIC HEARING HANDOUT Federal Citizen PaIrticipation Requirements for Local Government Applicants to the State CDBG Program Federal Regulations 24 CFR 570.486 (a) (a) Citizen participation requirements of a unit of general local government. Each unit of general local government shall meet the following requirements as required by the state at Sec. 91.115(e) of this title. (1) Provide for and encourage citizen participation, particularly by low and moderate income persons who reside in slum or blighted areas and areas in which CDBG funds are proposed to be used; (2) Ensure. that citizens will be given reasonable and timely access to local meetings, information, and records relating to the unit of local government's proposed and actual use of CDBG funds; (3) Furnish citizens information, including but not limited to: (i) The amount of CDBG funds expected to be made available for the current fiscal year (including the grant and anticipated program income); (ii) The range of activities that may be undertaken with the CDBG funds; (III) The estimated amount of the CDBG funds proposed to be used for activities that will meet the national objective of benefit to low and moderate income persons; and (iv) The proposed CDBG activities likely to result in displacement and the unit of general local government's antidisplacement and relocation plans required under Sec. 570.488. (4) Provide technical assistance to groups representative of persons of low and moderate income that request assistance in developing proposals in accordance with the procedures developed by the state. Such assistance need not include providing funds to such groups; (5) Provide for a minimum of two public hearings, each at a different stage of the program, for the purpose of obtaining citizens' views and responding to proposals and questions. Together the hearings must cover community development and housing needs, development of proposed activities and a review of program performance. The public hearings to cover community development and housing needs must be held before submission of an application to the state. There must be reasonable notice of the hearings and they must be hold at times and locations convenient to potential or actual beneficiaries, with accommodations for the handicapped.' Public hearings shall be conducted in a manner to meet the needs of non-English speaking residents where a significant number of non-English speaking residents can reasonable be expected to participate; (6) Provide citizens with reasonable advance notice of, and opportunity to comment on, proposed activities In an'application to the state and, for grants already made, activities which are proposed to be added, deleted or substantially'changed from the unit of general local government's application to the state. Substantially changed means changes made in terms of purpose, scope, location or beneficiaries as defined by criteria established by the state. (7) Provide citizens the address, phone number, and times for submitting complaints and grievances, and provide timely written answers to written complaints and grievances, within 15 working days where practicable. 1999-2000 Planning -Only Grant Application January 2000 15 61 CITY OF PORT ANGELES Citizen Participation Strategy For Seeking and Obtaining Community Development Block Grant Funds INTRODUCTION: The City of Port Angeles Citizen Participation Strategy Plan is a document required by the Washingta State Community, Trade and Economic Development Block Grant (CDBG) Program. The Citizen Participation Strategy is intended to guide the City's citizen participation activities whenever it prepares to submit an application for CDBG funds. The City must delineate how it will involve its citizens in the CDBG application process and comply with the specific CDBG citizen participation requirements. PRE -SUBMISSION PUBLIC HEARING REQUIREMENTS: To ensure that sufficient public notice is made, the City of Port Angeles will convene a public hearing prior to proposal submission. Reasonable notice of hearing will be published and accommodations made within local public hearing standards. ANNOUNCEMENT OF AVAILABILITY OF CDBG FUNDS: The hearing will take place during a regularly scheduled council meeting for the purpose of informing interested citizens and groups of the availability of CDBG funds, the range of CDBG eligible activities including those of interest to persons with special needs and/or low and moderate income (LM1), the prioritization of community development and housing needs, the availability and types of technical assistance City Staff can provide, local and CDBG due dates, and the dates proposals will be open for local public review. Statements of intent to submit, application to the City for sponsorship, and citizens comments and questions will be solicited. The hearing will be continued to take place during a regularly scheduled council meeting for the purpose of soliciting citizen and agency comments regarding proposals requesting sponsorship by the City. The hearing will be held prior to the council's choice of proposal and recommendation for submission to the CDBG program. RESPONSE FOR REQUESTS FOR ASSISTANCE: During the public hearing, the City will inform individuals and groups interested in submitting proposals of the availability and types of technical assistance the City staff can provide, such as referral to CDBG Program Staff and published CDBG Application Guidelines, Public Hearing requirements, and submission of the sponsored proposal and copies to the CDBG Program prior to the application deadline. Individuals and agencies will b responsible for submitting the original proposal and designated number of copies to the City by the local deadline. If awarde the sub -grantee will receive guidance concerning compliance and record keeping, quarterly and final report review, and repo submission to the CDBG program. REVIEW OF COMMUNITY DEVELOPMENT AND HOUSING NEEDS: The City has completed its comprehensive plan which addresses a wide range of community development and housing needs. The City will also participate in the development of the two county housing needs assessments developed through a planning only grant. These documents will be used in the decision making process to determine which needs to address with CDBG proposals. OPPORTUNITIES TO COMMENT ON A PROPOSAL: Interested individuals and groups may comment on proposals submitted to the City for sponsorship to CDBG. Interested individuals and groups may comment on CDBG Program proposals submitted to the City for sponsorship. The public hearing, held during a regularly scheduled council meeting, will provide a means for timely input before the City Council, especially from those who reside in areas in which CDBG funds are proposed to be used, who are low to moderate income, and who have special needs, or those considered stakeholders. In addition, this hearing will be used to ensure there is broad-based support for projects and to inform the public of the grievance procedure. ONGOING CITIZEN PARTICIPATION (POST -AWARD): When funded, a CDBG proposal will be open to public review and comment. The award and opportunity for ongoing comment will be announced in the local media prior to the implementation of a project. Citizens affected by a proposed project will have an opportunity to contribute to, comment on, or be involved in project activities through written documents submitted to the Port Angeles City Manager or by comment during the appropriate time at regularly scheduled City Council meetings. A second public hearing will be held prior to grant close-out to assess a project's performance. An additional hearing will be held if there is a significant change in a project's scope. GRIEVANCE PROCEDURE: The City will review and resolve grievances related to a CDBG funded project in accordance with the following grievance procedure. Citizens will be provided the name, address, and phone number of a contact person w will receive grievance notifications and comments. The City Manager will designate the CDBG grievance contact person the City. Response to complaints and grievances will be addressed in writing within 15 working days where practical. AV disagreement with the grievance response may be appealed to the City Manager, whose decision shall be final. The grievance procedure will be posted at City Hall ont he public bulletin board and be kept on file at Port Angeles City Hall and in the sub- 62 grantee's location. Summary of CDBG Planning Only Grant Request Introduction A Pre -application was submitted to the Community Development Block Grant Section of the State Office of Community Development. They in turn invited this formal proposal. Background Serenity House of Clallam County has been operating an emergency shelter for homeless adults in Clallam County since 1983. The Shelter, serving approximately 400 persons each year, provides basic needs plus services helping residents find employment and stable, permanent housing. The current building has outlived its useful life, is very costly to maintain, and needs to be extensively renovated or replaced. This proposal is to fund a project to develop a plan to replace the existing shelter facility. Project Outcomes • Determination of feasibility of building a new shelter • Verification that new construction is more cost—effective than renovation • Development of the general concept of the shelter • Selection of the site for the shelter • Identification of obstacles that could result in cost -overruns, or project failure The Program The Single Adult shelter has a present capacity of 33 homeless adults daily. Shelter residents are provided three meals a day, showers, and laundry facilities. Residents work intensively with case managers to develop a personal Action Plan to aid them in their transition back into the community. Services provided include employment counseling, chemical dependency counseling, life skills classes, and referral to other local social service agencies. All residents are required to help maintain and operate the facility. The Shelter is licensed by the State Department of Health. The program is funded by the U.S. Department of Housing and Urban Development, the Washington State Office of Community Development, Local Government Initiative Funds, the Albert Haller Foundation, private donations, and the United Way. The Facility The 4, 350 sq. ft. structure at 26021/2 West 18`h Street was built in the late 1960s as a sheltered workshop. The building is leased from the Port of Port Angeles. The primary problems are: • inadequate sleeping space to serve all requesting shelter • dry rot in the framing, • the roof needs to be replaced, • plumbing needs almost constant service, it was not designed for 30 residents, • only two showers for 33 residents, both men and women, • the wiring is old and inadequate, • heating is very expensive, • the kitchen is inadequate and cannot meet standards to serve 33 residents, • there is inadequate storage for food and supplies, • laundry facilities are inadequate and increase the burden on plumbing, • the design makes services difficult to provide, • the design makes security and safety difficult to maintain. Budget The request is for $15,500 to cover a six month feasibility and planning project. Most of the funds are for consultants who will provide concept development, site analysis and selection, environmental surveys, and facility/program consultation. PUBLIC HEARING HANDOUT Federal Citizen Participation Requirements for Local Government Applicants to the State CDBG Program Federal Regulations 24 CFR 570.486 (a) (a) Citizen participation requirements of a unit of general local government. Each unit of general local government shall meet the following requirements as required by the state at Sec. 91.115(e) of this title. (1) Provide for and encourage citizen participation, particularly by low and moderate Income persons who reside in slum or blighted areas and areas in which CDBG funds are proposed to be used; (2) Ensure,that citizens will be given reasonable and timely access to local meetings, Information, and records relating to the unit of local government's proposed and actual use of CDBG funds; (3) Fumish citizens information, including but not limited to: (i) The amount of CDBG funds expected to be made available for the current fiscal year (including the grant and anticipated program income); (ii) The range of activities that may be undertaken with the CDBG funds; (iii) The estimated amount of the CDBG funds proposed to be used for activities that will meet the national objective of benefit to low and moderate income persons; and (iv) The proposed CDBG activities likely to result in displacement and the unit of general local government's antidisplacement and relocation plans required under Sec. 570,488. (4) Provide technical assistance to groups representative of persons of low and moderate income that request assistance in developing proposals in accordance with the procedures developed by the state. Such assistance need not include providing funds to such groups; (5) Provide for a minimum of two public hearings, each at a different stage of, the program, for the purpose of obtaining citizens' views and responding to proposals and questions. Together the hearings must cover community development and housing needs, development of proposed activities and a review of program performance. The public hearings to cover community development and housing needs must be held before submission of an application to the state. There must be reasonable notice of the hearings and they must be hold at times and locations convenient to potential or actual beneficiaries, with accommodations for the handicapped. • Public hearings shall be conducted in a manner to meet the needs of non-English speaking residents where a significant number of non-English speaking residents can reasonable be expected to participate; (6) Provide citizens with reasonable advance notice of, and opportunity to comment on, proposed activities In an"application to the state and, for grants already made, activities which are proposed to be added, deleted or substantially'changed from the unit of general local government's application to the state. Substantially changed means changes made in terms of purpose, scope, location or beneficiaries as defined by criteria established by the state. (7) Provide citizens the address, phone number, and times for submitting complaints and grievances, and provide timely written answers to written complaints and grievances, within 15 working days where practicable. 1999-2000 Planning -Only Grant Application January 2000 15 PUBLIC HEARING HANDOUT Community Development Block Grant (CDBG) Program •�IW.0" MIN1^_Mq�1WTR lXA40ECONoMDEva,,opMW SAU*6Fal"TKMFMTHE RBURE Introduction: The Washington State Small Cities CDBG Program is designed to fund local housing, public and community facilities, economic development, and planning Projects which principally benefit low- and moderate -income households. All local projects must meet at least one of three national objectives of this federal -funded program (Title `1, Housing and Community. Development Act of 1974, as amended), which are to: • Principally benefit persons of low-income • Prevent or eliminate slums or blight; or • Meet urgent community development needs which pose a serious and Immediate threat to public health or safety. Eligible applicants for the Washington State Small Cities CDBG Program are cities and towns with less'than 50,000 in populations or counties with less than 200,000 in populations provided the cities, towns, and counties do not participate as members of HUD Urban County Consortiums. Indian tribes and special purpose organizations such as public housing authorities, port districts, community action agencies, and economic developRlent.counais, are not ellgible to apply directly to the CDBG Program for funding.' However, eligible jurisdictions may choose to Involve Indian tribes within their jurisdiction or to InvOiVe other organizations in activities funded by a grant. Avai:1,4010 Planning Oniv Grants $300,000 Grants:', The Planning -Only Grant Program is one of several CDBG programs that award funds throughout the state. Eligible town, cities or Counties can apply for up to $24,000 for a single -Jurisdiction or $40,000 for a multiple jurisdiction planning project that principally benefits low -and moderate- income persons. Applications are Processed `throughout the year on`a funds available basis and must meet one of the following program Priorities: • To address public health and safety issues • To respond to state and federal mandates • To Improve essential services to low- and moderate- income persons • To complete a necessary step within a broader community development strategy For more Information about CDBG Programs phone (360) 586-0869. 1999-2000 Planning -Only Grant Application r 14 January 2000 CITY OI? PORT ANGELES CitizenStand ipation iStrategy For S Obtaining Community Development Block Grant Funds INTRODUCTION: The City of Port Angeles Citizen Participation'Strategy Plan is a document required by the Washington State Community, Trade and Economic Development Block Grant (CDBG) Program. The Citizen Participation Strategy is intended to guide the City's citizen participation activities whenever it prepares to submit an application for CDBG funds. The City must delineate how it will involve its citizens in the CDBG application process and comply with the specific CDBG citizen participation requirements. PRE -SUBMISSION PUBLIC HEARING REQUIREMENTS: To ensure that sufficient public notice is made, the City of Port Angeles will convene a public hearing prior to proposal submission. Reasonable notice of hearing will be published and accommodations made within local public hearing standards. ANNOUNCEMENT OF AVAILABILITY OF CDBG FUNDS: The hearing will take place during a regularly scheduled council meeting for the purpose of informing interested citizens and groups of the availability of CDBG funds, the range of CDBG eligible activities including those of interest to persons with special needs and/or low and moderate income (LMI), the prioritization of community development and housing needs, the availability and types of technical assistance City Staff can provide, local and CDBG due dates, and the dates proposals will be open for local public review. Statements of intent to submit, application to the City for sponsorship, and citizens comments and questions will be solicited. The hearing will be continued to take place during a regularly scheduled council meeting for the purpose of soliciting citizen and agency comments regarding proposals requesting sponsorship by the City. The hearing will be held prior to the council's choice of proposal and recommendation for submission to the CDBG program. RESPONSE FOR REQUESTS FOR ASSISTANCE: During the public hearing, the City will inform individuals and groups interested in submitting proposals of the availability and types of technical assistance the City staff can provide, such as referral to CDBG Program Staff and published CDBG Application Guidelines, Public Hearing requirements, and submission of the sponsored proposal and copies to the CDBG Program prior to the application deadline. Individuals and agencies will be responsible for submitting the original proposal and designated number of copies to the City by the local deadline. If awarded, the sub -grantee will receive guidance concerning compliance and record keeping, quarterly and final report review, and report submission to the CDBG program. REVIEW OF COMMUNITY DEVELOPMENTAND HOUSING NEEDS: The City has completed its comprehensive plan which addresses a wide range of community development and housing needs. The City will also participate in the development of the two county housing needs assessments developed through a planning only grant. These documents will be used in the decision making process to determine which needs to address with CDBG proposals. OPPORTUNITIES TO COMMENT ON A PROPOSAL: Interested individuals and groups may comment on proposals submitted to the City for sponsorship to CDBG. Interested individuals and groups may comment on CDBG Program proposals submitted to the City for sponsorship. The public hearing, held during a regularly scheduled council meeting, will provide a means for timely input before the City Council, especially from those who reside in areas in which CDBG funds are proposed to be used, who are low to moderate income, and who have special needs, or those considered stakeholders. In addition, this hearing will be used to ensure there is broad-based support for projects and to inform the public of the grievance procedure. ONGOING CITIZEN PARTICIPATION (POST -AWARD): When funded, a CDBG proposal will be open to public review and comment. The award and opportunity for ongoing comment will be announced in the local media prior to the implementation of a project. Citizens affected by a proposed project will have an opportunity to contribute to, comment on, or be involved in project activities through written documents submitted to the Port Angeles City Manager or by comment during the appropriate time at regularly scheduled City Council meetings. A second public hearing will be held prior to grant close-out to assess a project's performance. An additional hearing will be held if there is a significant change in a project's scope. GRIEVANCE PROCEDURE: The City will review and resolve grievances related to a CDBG funded project in accordance with the following grievance procedure. Citizens will be provided the name, address, and phone number of a contact person who will receive grievance notifications and comments. The City Manager will designate the CDBG grievance contact person for the City. Response to complaints and grievances will be addressed in writing within 15 working days where practical. Any disagreement with the grievance response may be appealed to the City Manager, whose decision shall be final. The grievance procedure will be posted at City Hall ont he public bulletin board and be kept on file at Port Angeles City Hall and in the sub - grantee's location. • PORTANGELES WASH INGTO N, U.S.A. CITY COUNCIL MEMO CITY MANAGER'S CALENDAR / REPORT January 16, 2001 CITY MEETING SCHEDULE DATE TIME :a>i :i F:• .:. y: Jri :. '�ia>i;lii..r. Y:i ::ap%:':'S::v'i.:�:/:/ + ....:. ?%:::.�v::?:<..t: h i. r.i':v:ti .. > +.^•i3 h... :»,.. �..>J'; ;' i: ..iiihA:S'..t+w .:;%�•�•ff/ 1011: / "' , � i:�.o' ^SK ^t ,di.,.w .:... ,.. %i " :i%:aYt�`� ; iF. ,1l'• City Council Meeting .y..�t5. •JiY.h': ' �:sr:55 N is %/5'•,., . !// J :.�, Tuesday, January 16 . 6:00 p.m. Parks, Recreation & Beautification Committee Meeting Thursday, January 18 7:00 p.m. Downtown Forward Executive Meeting Monday, January 22 7:00 a.m. YMCA Board Meeting Wednesday, January 24 12:00 noon Planning Commission Meeting Wednesday, January 24 7:00 p.m. ..: ..i:. ... .... .. t..i r. ... �, y ., ...1. ..>..,.. G1 �.+. .....::..n : ., : ..., ... li.:....:............;. i . .b i:+ f ......................... .,, r:G, >..i:....:....,.......,:.....7....,a•....%:T'.:....:.:..t. Gateway Committee Meeting z? i:J.. ..................:. :.:.:........:.sz i.....,..... ,:t•JfS:;: 55>;.J:t+i:. Thursday, February 1 •c�a:,:;JJ o::.:,.r �"%%: 8:15 a.m. Board of Adjustment Monday, February 5 7:00 p.m. Mike on KONP Open Line Tuesday, February 6 1:00 P.M. City Council Meeting Tuesday, February 6 6:00 p.m. Utility Advisory Committee Meeting Monday, February 12 3:00 p.m. Erickson Trust Meeting Tuesday, February 13 1:00 P.M. Real Estate Committee Meeting (as needed) Tuesday, February 13 4:00 p.m. AWC City Legislative Action Conference Wed & Thurs, Feb 14 & 15 Olympia Law Enforcement Advisory Committee Meeting Wednesday, February 14 6:30 p.m. Planning Commission Meeting Wednesday, February 14 7:00 p.m. Parks, Recreation & Beautification Meeting Thursday, February 15 7:00 p.m.. City Council Meeting Tuesday, February 20 6:00 p.m. KONP Home Show Sat & Sun, Feb 24 & 25 All Day Downtown Forward Executive Meeting Monday, February 26 7:00 a.m. Planning Commission Meeting Wednesday, February 28 7:00 p.m. G:\CNCLPKT\CTYMGR\CMREPT\2001\01-0116.WPD 613 • Ll °f% ,.CITY OF PORT ANGELES dl PUBLIC WORKS & UTILITY DEPARTMENT MONTHLY REPORT DECEMBER 2000 AVERAGE DAILY WATER DEMAND 10 YR AVG. TOTAL TO DATE 27.33 LAST YEAR TO DATE (MG) 3.38 17.32 HIS YEAR TO DATE (MG) 1 3.23 11.4 SEWERISTORM SYSTEM MAINTENANCE MONTH (FT) Y. SEWER SYSTEM JETTED 1,010 71,602 STORM DRAINS JETTED 0 L 1,531 SYSTEM TV INSPECTED 1501 5,025 TOTAL LANDFILL DISPOSAL TmALCtfY TONS 00. RES. HAUL crtraFSEouu ..�NRax Co. COM. HMA D.M.ialTwlc olERosAI LANDFILL ANNUAL TONS RAYONIER DEMOLITION REVENUES [97»RR.RB.Zaool5590655 HIS YR TO DATE (TONS) 46,437 LAST YR TO DATE (TONS) 46,742 MOREPTOO.WK� � 01/112001 RAIMPAI 1 nATA 10 YR AVG. TOTAL TO DATE 27.33 THIS YR TO DATE (IN) 17.32 RECORD HIGH THIS MONTH 11.4 RECORD LOW THIS MONTH 0.00 PUBLIC WORKS & UTILITY DEPARTMENT MONTHLY REPORT DECEMBER 2000 WATER ' New water service: 3 ' Removed 2 water services • Replaced 8 water meters ' Water main repairs: 8 2" lines; 3 6" lines Installed one 2" valve ' One 6" hot tap for a fire hydrant WASTEWATER COLLECTION ' Pump Station #10: repaired roof ' Pump Station #3: replaced bubbler tube and supports in wet well ' Maintenance on alarm systems at pump stations WASTEWATER TREATMENT ' Submitted NPDES Permit renewal application to DOE ' Worked with local dischargers on pretreatment issues Replaced Victaulic seals - WWTP ' Replaced fixtures with more efficient lighting - WWTP EQUIPMENT SERVICES ' Work Orders: 114 ' Danvers Work Orders: 19 Service Orders: 19 ' Denvers'Service Orders: 5 #18 1993 Ford Taurus, replace timing cover ' #131 1993 Digger Dereck, repair work at the ealer #153 1999 Ford Service Truck, tires and electrical work ' #1501 1992 Flusher Truck, overhaul main water system pump ' #1569 1988 Cat Wheel Loader, service and tune-up #1575 1986 Eductor Truck, tune pony motor, wiring repair ' #1580 1994 Street Sweeper, brooms, wiring repair, tire #1741 1988 Boom Truck, brakes and wheel cyclinders #1893 1991 Dodge truck, body repair ' #1905 1989 Refuse Packer, wiring, grease system, batteries, hyd system ' #1907 1992 Refuse Packer, wiring hyd system repairs, tires #1918 1993 Ten -Yard Dump Truck, heater Core, welding repairs &&-4-111.1 OF PONT 4N Ci�"7s W S SOLID WASTE RECYCLING: Recycle Presentation at the Coast Guard Base Prepared General Safety Meeting Placed 136 new 90 -gallon containers Requests for recycle bins: 20 LANDFILL: Annual Waste Acceptance Policy training Contractor installed gas header around Cell #3 ' Wildlife Management Meeting ' Met with Parametrix at Landfill STREET ' Gravel/Grade unpaved streets ' Flag for 8th Street Bridge inspections ' Inspect & Repair 8th Street Bridge Railings ' Educt catch basins ' Storm cleanup ' Attend meeting for Gates Foundation ' Construct/install Signs for Landfill Operations ' Safety: facility inspection, monthly and general safety meetings ' Training: Spill Prevention Exercise Flood Control Training Management Training Seminar ' Interviews for Utility Worker I ' Welcomed new employee: Ian McCaleb ' Researched information for UGA/Annexation ENGINEERING & PERMITS ' Southwood - landlocked facilities design support ' Airport Road Realignment right of way completed • Annexation support ' 8th Street reconstruction project construction support ' Elwha Dam removal mitigation support ' I & I Pilot Program Support • "A" Street/Grant Avenue watermain construction support • Downtown Waterline/Sidewalk Replace., Ph. II construction support ' Gateway Project support • Landfill Cover Project construction support ' Aerial Mapping contract support ' Laurel Street Side Repair consultant design support ' Distribution System rebuild design support ' Rayonier to Lee's Creek trail design support • Attended RTPO Meetings ' "1" Street Substation transformer bid awarded ' Grant application preparation ' Awarded TEA -21 Grant for sidewalks, bike striping LIGHT OPERATIONS Outage, downtown area on 12/01 Storm repairs 12/14 and 15 Replaced 5 storm damaged poles Outstanding work orders: 16 Reset relay settings at Valley & Washington Substations • 0 11 I� I,. II III r CATEGORY JAN. FEB. MAR. APR. MAY JUNE JULY AUG. SEPT. OCT. NOV. DEC. 2000 YTD, 199SYTO RESIDENTIAL -NEW MODULAR /MOBILE Value 1 .... $49,900 ... ....... 1 .............. $5,000 1 ....... $51,081 2 $49,500 1 $70,000 _ 6 8 $225481 $459,600 SINGLE FAMILY 1 2 1 6 g Value ...................................1..........................»i $69,000 $158,139 .... $106,740 ..... $120,000 $174,754 $86,000 3714,633 $111271606 MULTI.FAMILY ....._........................................................................................................................................................................................................................:......................................................................................................_.._....._.......................................................... 2 Value 3738 362 ACCESSORIES 2 3 ..............................................................................................................................................................................................................................................................................................................................:.._».............................. 4 4 4 3 5 1 2 3 3 34 42 Value $8400 $26,387 $100,242 $36,420 $295,000 $16,230 $23,500 $4,900 $3,600 $121,160 $48,000 -A.... ........... .. 683,839- $837,706 COMMERCIAL -NEW RETAIL.............. .............................. ..................................... .................................. 1 Value $37,000 HOTEL/MOTEL ......................... -0 Value $0 OFFICE.......... ...... ........ ................... .............................. 3 Value $756,583 DRINKING/DINING 1 1 0 Value $250,000 1 $250,000 30 AUTO/SERVICE 0 Value so INDUSTRIAL2 ................................................................................................................................................................ .. ........ .................................................................................................................................................................................................................................................. Value ..............._............... ................ .. _.. $102,875 PUBLIC - NEW SCHOOLS/HOSPITALS 2 2 1 Value $601,325 $601,325 $1,174,300 ..................... _. _.............................................................:..........................................................................................................................................................................................................................................................:..............:..:....... Value .. ......_..._........... $0 RECREATION 0 Value $0 RE AIR & ALT. RESIDENTIAL 25 24 51 32 34 36 42 51 41 ............................. 35 .... ............. ............................................ 26 29 426 463 ::...___.. Value $195,594 $199,042 $157,078 $137,523 $149,488 $183,920 $190,367 $202,587 $1,511,356 5147,653 $74,788 ................................ .................. »...._............ ........ $98,522 33,247918 - $2,315760 COMMERCIAL 10 13 9 3 13 8 ......................................................... 4 14 ......._...............................................................................................................»...................:.w-...................�.:._......_......_.....:... 5 8 12 8 107 78 Value $147,880 $85,663 5103,100 522,100 $200,600 $324,980 $125,564 $339,786 $11,260 $175,625 $80,432 $212,245 $1,829,235 $2,688,826 PUBLIC2 3 3 2 3 3 4 1 3 ":24 38 Value 5370,000 $48,500 58,500 $30,000 5140000 576,500 $68,900 ».........................................................................................:.»._ $7,000 ........ .»...._......................... $12,239 $761639- $4,207,861 DEMOLITION / MOVE.................... 3 1 3 3 2 2 2 1 11' 24 ...............................................................................................................................................................................................................................................................................................................................................................................1................ Value $1,500 $7,000 $1,100 $1,500 $3,000 $6,600 $1,000 .w.._ .... _ ........._..._................ $500 $22,200''- $171,808 BUILDING TOTALS BLDG PERMITS 40 43 .... 68 45 54 52 ... . 57 ...: .._...7 _ ... _ _ . 45 41 Vis. �.... 691._........... _....._ CONST. VALUE 3353,314 M- _... 3688,092 < _ . _ $458.820 .._.. ».. . $205,643 ...._ _ .. #744,068'': ._ $888,769 #637,252 ..� 31,225,098 $1,897.616 $648A36 m __.. $378.974 ._:: M 1409.508 #8,336;270_ 114.616287 OTHER PERMITS R/ W CONSTR: 9 1 3 3 2 5 4 3 3 4 37' 31 Revenue $370 $45 $135 $130 $190 5225 5180 5485 $400 590 52.250 _' $1,510 NEW WATER SERY. 2 2 2 4 1 1 12 29 Revenue 32,133 $2,608 $2,560 $2,455 1 $640 $1,665 372061- $18,278 NEW SEWER SERV. 5 1 2 2 3 2 2 17 29 _.........................................................................................................................................................................................................................._._..................................................».................................................................................................................. Revenue 53,003 $3,290 $1,662 $177 $2,930 31,425 $1,680 _M _..........:.............._........... $14167 $6,822 .OTNBt PHtMRS 18 0 ._ 1 0 3 4 6 9 11 6 6 4 66 89 -.-... _.. THMt PERMIT REY. Pr � 35.SU8 w » . $0 145 ,;, 50•- , . # 35 - $3,420 ! ,460 i2,882� #5,565 - $2,550 $3,745 $901 $28,478 1 $57,921 V Permits Applied 47 Issued 42 89% Completed J • m • • • DATE: To: FROM: SUBJECT: I-ffORT NGELES WASHINGTON, U.S.A. CITY COUNCIL MEMO January 16, 2001 Mayor Doyle and City Council Members Sue Roberds, Planning Specialist Planning Department Monthly Report - December, 2000 CURRENT PLANNING APPLICATIONS: Bed and Breakfast Permit 0 Boundary Line Adjustments 0 Conditional Use Permits 1 Environmentally Sens. Areas 0 Home Occupation Permit 0 Minor Deviations 0 Retail Stand Permit 0 Rezone 1 Shoreline Substantial Development Permits 0 Short Plats 0 Street Vacation 0 Subdivisions 0 Variances 0 Wetland Permits 0 Code Enforcement 0 Appeals 0 Shoreline Exemption 0 SEPA ENVIRONMENTAL POLICY: Determinations of NonSignificance 2 Mitigated Determinations of NonSignificance 0 Determinations of Significance 0 DEVELOPMENT REVIEW APPLICATIONS: Clearing and Grading Permits 0 Building Permits 0 0 • • • 70 I,&PIrl, 111 O 711 Mission Statement: In partnership with our community, the Port Angeles Police Department recognizes its mission to serve in a compassionate, courteous, and professional manner, to promote freedom and peace of mind, pride in our neighborhoods, and the safety of our families. Officer Jason Viada observed a Toyota Celica driven by a Port Angeles woman proceed through the red light at the intersection of First and Lincoln. Upon engaging his emergency lights, the suspect's vehicle sped up and quickly pulled into an alley where a male passenger leaped from the car and fled into the darkness. The officer caught a glimpse of a 19- year old Port Angeles man who was wanted on an outstanding warrant. The male was not located. Approximately one hour later Officer Viada observed the same red Toyota leaving the parking lot of the Lincoln Street Safeway. Once again the officer attempted to stop the Celica. The Celica sped off again, only to come to an abrupt stop in an alley. Officer Viada initiated a second foot chase with the same subject, after he bolted from the car for the second time and ran. This time he wasn't able to elude the officers and was taken into custody. Detective. Jesse Winfield found himself driving behind a maroon and gray Ford van that was being driven in an erratic manner. Detective Winfield stopped the van with the assistance of Officer Glen Roggenbuck. As the van stopped, the driver and a male passenger in the rear of the van quickly changed places. Because of the suspicious behavior all three occupants were detained. A search of the vehicle yielded a quantity of suspected methamphetamine. The three subjects were placed under arrest, a 36 -year old female for a felony violation of the Controlled Substance Act; a 49 -year old male and a 20 -year old male were arrested for Obstructing A Public Servant. The reason the men changed places was that the driver was operating the van with a suspended driver's license. Additional information was obtained during the stop and detention that allowed Detective 72 Winfield to acquire a search warrant for an eastside apartment. Port Angeles P o l i c e, with the assistance of the Olympic Peninsula Narcotics Enforcement T e a m , executed the search warrant and additional drugs and paraphernalia were discovered. Three adult female occupants of the apartment were taken into custody for felony violations of the Controlled Substance Act. A 38 -year old female was also arrested on an outstanding felony warrant for possession of dangerous drugs. The registered tenant of the apartment, a 41 -year old male, was not at home when the search warrant was served but later turned himself in to police. He was also booked for a violation of the controlled substance act. Officers and detectives arrested a 29 -year old male on a Clallam County Superior Court warrant issued for failure to obey orders of the court. A search of the arrestee revealed a small package containing methamphetamine. He was incarcerated. School Resource Officer Bruce Knight took a 15 - year old male high school student into custody for felony harassment. The young man was incarcerated at Juvenile Detention after an investigation regarding a threatening letter that had been discovered in the High School Study Hall. The letter had been composed and printed on a school computer and the message included very specific and detailed acts of violence toward students and teachers. Although the document was unsigned, an inquiry into the time, date, and specific computer used led police and school officials to the youth that was ultimately arrested. Port Angeles Police were notified of the possibility that two juvenile males from Neah Bay were currently within the city limits of Port Angeles. Both youths were 13 -years old, one was a reported runaway, the other had an outstanding warrant for his arrest issued by the Clallam County Superior Court. The youths • • • • were also reported to be in possession of several stolen handguns. An off-duty Neah Bay police officer observed the two boys. Sgt. Eric Kovatch, Corporal Steve Coyle, and Detective Jesse Winfield converged on the location and discovered the suspects in a phone booth. Cognizant of the report of stolen firearms, the officers took up defensive positions and, with weapons drawn, attempted to talk the two youths into a peaceful surrender. One of the boys complied with the officer's orders but the second youth became unruly and verbally abusive. Shouting obscenities and refusing to follow any of the officers orders (specifically the orders to keep his hands away from his body and in view), concerns for potential violence escalated. The youth repeatedly reached behind his back and appeared to be attempting to pull something out of his rear pocket of waist band. Leaving the relative safety and cover of their vehicles, police rushed the suspect and took him into custody. The subject continued to struggle against the officers but was quickly overpowered and cuffed. Officers began a search of the suspect and located a fully loaded, 9mm semi auto hand gun. This weapon appears to have been what the suspect had been trying to grab when officers closed in. Additionally, a second, fully loaded magazine was also located in the suspects pocket. The weapon was found to be stolen. Both teens were placed at the juvenile detention facility and the case has been forwarded to the prosecutor's office. Dispatch received a call from employees at Swains General Store. An adult male had been observed grabbing a donation can that was sitting near one of the check out stands and fled the store. The suspect was observed entering a waiting pickup truck and driving away just as officers arrived on the scene. Police initiated a stop of the vehicle and the suspect, sitting in the passenger side of the truck, began fidgeting wildly in his seat. He refused to place his hands in view and appeared to be struggling with something in his lap. The 24 - year old Port Angeles man, eventually followed officers commands and exited the truck. As he did so he was still attempting to stuff numerous coins into his pockets. Other coins 2 cascaded from the truck onto the ground along with the a small coffee can which had been labeled for the "David Cary Fund" (in reference to a home fire that had destroyed the Cary residence). As officers attempted to make an arrest the suspect began to struggle with them, yelling that he hadn't done anything. When the marked collection can was recovered, the suspect, who was wearing gloves at the time, told officers that they couldn't prove he had taken the can because his finger prints weren't on the can. When confronted by the employees that witnessed the theft, the suspect changed his story and accused the driver of the truck of being the real thief. He was booked into the county jail on a charge of Third Degree T h e f t and the can and $37.62 was returned to Swains. 73 Police Employee Training Hours Current Month Administration 0 Communications: ACCESS/WASIC 16 Operations: Video Training 44 BAC Refresher 4 Blood Borne Pathogens 10 Total Hours This Month 74 Total Hours—Year to Date 2710.5 Electronic Home Monitoring During the month of December 2000, a total of one person served a total of 20 days of electronic confinement. At the jails daily rate of $57 per day per prisoner it equates to approximately $1140 in savings. The City of Port Angeles will soon terminate its EHM program. WASPC has agreed to accept responsibility for the programs management and has hired Bill Loman to oversee the program. WASPC will assume responsibility for all EHM participants in the County. 74 3 NMPPEiRiS ' CRIME PREVENTION Detective Jack Lowell Crime Prevention: • Two new Crime Stoppers profiles • Crime Fax Alerts • Safe Kids Coalition Meeting • Crime Stoppers Meeting • DUI Task Force Meeting • Fax alerts • Mental Health Board Miscellaneous: • Departmental report • Drafted a policy for use of in car video cameras. • Updating the Field Training Manual for new police officers. • Instruct Violence in the Work Place to members of DSHS Child Protective Ser- vices Investieations• • Follow up investigations on earlier cases. • Registered Sex Offender Checks • Assist with search warrant at 1308 E. Front Street. Our Police Department Senior Volunteers provided 192 Oilhours of service during the month of December. Most of this was dedicated to office work, vacation house checks, radar/speed watch, animal control and other services. This year the Senior Volun- teers have worked 1422 hours • • • LAW ENFORCEMENT ADVISORY BOARD 0 December 13, 2000 • Call to Order: Chairman Leland Lee called the meeting to order at 6:35 pm. Members present were Leland Lee (Chairman), Rod Anderson, Leonard Beil, David Brewer, Frank Prince, Jim Jones Jr., Lynda Minor, Dennis Wilcox. Staff present - Chief Tom Riepe, Secretary Vicki Morgan. Guests- K9 Officer Kevin Miller. Minutes: The minutes of the November 8 meeting were voted favorably by the Board. Communications and Letters: None. Old Business: No old business. New Business: K9 Officer Kevin Miller explained to the Advisory Board about the upcoming Washington State Canine Confer- ence that will be held in Port Angeles September 16 - September 19, 2000. There will be approx. 80-120 dog units (Patrol, Narc and Explosive Units) attending the conference. Officer Miller will be asking businesses for donations for raffle prizes for the banquet on September 18. Chief Tom Riepe passed out to each board member a copy of the "2001 Work Plan" for the Police Department. He went over some of the items briefly. He discussed how important he felt that the Department should be as- sessed. He gave everybody a copy of a flyer of the WRICOPS (Western Regional Institute for Community Ori- ented Public Safety). He stated that we need to act now on this in order to get on the list for this company to as- sess the Department. Chief Riepe touched briefly on the Annexation Plan. He passed out a copy of 2001 - 2002 East Side Urban Growth Area Annexation plan. Chief Riepe discussed the budget very briefly and stating that the Department will receive 3 patrol cars. He also stated that Jail Budget had to be raised. Chief Tom Riepe has asked Detective Sergeant Erick Zappey to put selected items out to the news .media daily or weekly. Chief Tom Riepe attended the Sheriff's Office Annual Awards Ceremony. Chief Riepe reminded the members whose terms expire soon to let him know if they are interested in serving an- other term on the Law Enforcement Advisory board. Leonard Beil asked if the Board Members terms are lim- ited since the members are commissioned. Chief Riepe said he would check into it. Leland Lee passed out Certificates of Appreciation to the Board Members who didn't attend the BBQ. The board wanted to know if the video cameras were working yet. Chief Riepe stated that the policy is being written now and is progressing slowly. Leonard Beil was concerned if the City was going to install more Opticom lights. 4 75 SUMMARY OF POLICE OFFICER OVERTIME HOURS NOVEMBER 2000 (thru 11-26-00) * Range, K-9 Training, DUI Emphasis, Firearms Instruction, Special Events sL wcrcFPaXE04� UBMAERM(dru12-24-M Adtvky HDW YID COD& 0 6225 GWnift=adMxtirV 1 146 Oast Trm 125 21425 11AR$ SdW Fames Offi= Sdnd Patrol 14 32725 Paid abils (anale undng) 195 197 fbaday 0 864.5 InQA*Ar a 14 169.47 h -s4 iasD—gr V"MX1 W'arafs 34.5 388.75 RepatWr69 7.25 99.25 sliftcmaaw 107.25 81325 TraiugadTiawl 6 1014.75 Twehe Har Rule 0 152 Mscellffime 0 35025 TOW 216 4796.97 PementofSdebie %rkHmn 5.?/. 5�/. 'Raw, K:9Tww9Dll r mWw Fuwm ftMtlin4 Spatial BeZ 5 76 is 911 Calls YTD totals are read on the right scale 3000 30000 2800 28000 26000 2600 - 24000 2400 22000 2200 `♦• 20000 2000 _ 18000 16000 1800 14000 1600 12000 1400 10000 CD m"ab cm o { —I 0 2 `° ` caQ CD CD v o v =r_ N .y. CD CD N (D 1 CD' CD 1 CC 1 CD DD W O - - ♦ - -911 Calls, 1998, rt - ..... 911 Calls 1999 ---911 Calls 2000 --�—YTD 1998; —*--YTD 1999 —f --YTD 2000 5 76 is • • 2500 2000 1500 500 0 Calls for Service YTD totals are read on the right scale ■ O 'O -- O' -OO ,O C- i aCD � D 0 C c c CO p z CD Cn m 0 3 Q CD 3 CD 20000 19000 18000 17000 16000 15000 14000 13000 12000 11000 10000 M, 77 Police Department Dispatches YTD totals are read on the right scale 2000 20000 COO COO O CO CO O M, 77 Police Department Dispatches YTD totals are read on the right scale 2000 20000 1900 19000 1800 18000 1700 A 17000 1600 16000 1500 .O O ....0, 15000 1400 O- .O' 14000 O O O 1300 13000 1200 12000 1100 11000 1000 10000 CD Dpi v w c c` c CD o 2 N c ti o m n O N : W N CD a CD Q 0 0 CD 1 (0 CO (0 O o'. Dispatches PD aspatd,es 1999 i --)r--PD aspatd�s 2000 --H-YTD 1998 —f -YTD 1999 2000 M, 77 7 FF:3 • • • Parking Enforcement Revenues are reflected on the right scale 300 YTD totals are read on the right scale Accidents 291 70 $30,000 0 $27,037 250 259. ' '.` _ 260 5,485 $25,000 O 574fj 219 a 60 200 1 924 201 $20,000 0. . ' -O • • 67 17,614 •• 6'�'� ',, ,• 150 ' 14 147 < $15,000 12354 0, 130 100 824 O, $10,000 84 50 $5,213 $2,988 $5,000 ... ..... -u� $2,5�� ►-.« ` ►^�: =` ^' -a- :«•f.1 g29�c g •►.:' �y�=iL►� $1,552 0 0, -'•0 $0 Cr v -a AA) c C mM. o 0 _ 2 = — y C� N CrCr N 1 1 Parking Tickets 1999 --I*—PaddngTiickets 2000 - - 0 - - Monthly Revenue 1999 --�. — MwHy Revenue 2000 --0—YTD 2000 Revenues 420 7 FF:3 • • • YTD totals are read on the right scale Accidents 70 500 490 60 480 50 470 O, O, 460 O 40 ...0. 0, -'•0 440 30 O _ 430 20 420 410 10- 400 C_ m 'D c c c CO o C 2 `M.� Co CD `< c o Cr CD m O O O `z Q Cr N Q CCOO CO o CCD CCD oo CD O - - -Accidents 1998 —O—Accidents 1999 -*—Accidents 2000 :.�;....,. YTD 1998 —YTD 1999 0 YTD 2000 7 FF:3 • • • • • Traffic Vdations 1000 900 0 100 LI _ b 800 50 700 0 600 i m;0 500 D ;o Co W D 400 t° 300 v 0 CL v 200 _ 10 100 N CD ,� T A a. ? ,Z 7 p 0 X m ? d p m X o < y C -n D) T -n a? — -n -n Co D) O V — o m Co 'O CD Z N �° w CD °' fn D C 0 O �a o� o� dN N { o (D ya m CD < — 0 y CD ° N CC a < N 0. CD O o 0 $ � < c m N CD m o O 7 - - o • -YTD 1998 —d --YTD 1999 —*-YfD2000 Part I Crimes 150 0 100 LI b 50 0 i m;0 D D ;o Co W D t° v C CL v _ 10 O N CD ,� T A a. ? ,Z 7 p X m ? d p co 3 3 m oG W C =r d N CD O 7 t0 8 79 800 750 700 650 600 560 500 450 400 364 300 250 200 150 100 50 0 Mnil C *—d (arrant rrnrrtlt) Yf D totals are read cn right scat 2500 2400 2300 2200 2100 2000 1900 1800 1700 1600 1500 Q7 7 7 3 Part II Crimes 2 �� 4 4 160- 60150 v v m �� d °cv v v CL 'o3 9 150- -• ry Q —2) m y w 140- 140130 CD o p CD Tr 0 may., r y Z cn 130- c° 0 N CL p 0 m N 120- 20110 -P-Adrrd Caird 1999.' --—Arin-d Ca td 2000 —4-YTD2000 YTD 1999 110- 100- 100 ; ,, _ �, p b 90- 80- D 0 70- 60- 6050 50- 40 40 30 20 10 0 cn c <g 'o v v o < -0 ;o N v = n m -n � w o mn-• 2 w a� r 3 (c ° 3 c o D ^ ° 3 ° N C O d -n 0 °c0i _� �' o o a° < >> D o ai ? pa 95 o° i O y N ya C `G ? (D 7 O+ CCD N 01 XS. n N 7 0 O° CD l 0 w o a ° m a a CD C. - - - o - - YTD 1998 -o-- YTD 1999 --}—YTD 2000 800 750 700 650 600 560 500 450 400 364 300 250 200 150 100 50 0 Mnil C *—d (arrant rrnrrtlt) Yf D totals are read cn right scat 2500 2400 2300 2200 2100 2000 1900 1800 1700 1600 1500 Q7 7 7 3 o 2 �� 4 4 v v m �� d °cv v v CL 'o3 9 d -• ry Q —2) m y w CD o p CD Tr 0 may., r y Z cn p c° 0 N CL C a m N C -P-Adrrd Caird 1999.' --—Arin-d Ca td 2000 —4-YTD2000 YTD 1999 9 • 0 • • • 120 100 80 60 40 20 0 Adult Arrests YTD totals are read on the right scale 1100 1000 900 800 700 600 500 400 300 110 111 • 1070 7 6 89 � 79 _ 69 70 A � 0. ♦ 493 0 ■ 441 CD 0 m D c Jail Expense YTD totals are read on the right scale $50,000 c _ < N C m 6 $350,000 m 0 0 0 d %. C' tT CD $45,000- N N 00 (.0 E3 $301,671 =`,•Ault Arrests 1998 Adult Arrests 1"999 $300,000 $40,000 YTD 1998 '"' —f—Y7D1989 --t—YtD2000 p'$266A37 $262,282 $35,000 D'$236,757 $250,000 $230,726 $30,000 0'$211,225 '$189,925 201,622 $200,000 $25,000 '$163, 64,522 $20,000 146, 35 $150,000 12 , $15,000 $ ��I$91,604 $100,000 , $72,3 $10,000- E3$56,455 0 $50,000 $5,000 EY $0 i $0 D (A 0 z 0 c- -n Q c- d ° c- 0 z 0 cc coo COcO 'v o 9 m w m m s cc •o 0 o 0 m 3 3 .��. m Cr m --�—Jail Expense - Clallam County—0—Jail Expense - Forks - - ? -YTD 1999 0 YTD 2000 120 100 80 60 40 20 0 Adult Arrests YTD totals are read on the right scale 1100 1000 900 800 700 600 500 400 300 110 111 • 1070 7 6 89 � 79 _ 69 70 A � 0. ♦ 493 0 ■ 441 10 CD 0 m D c c m 0 c _ < N C m 6 m m 0 0 0 d %. C' tT CD (D N O N N 00 (.0 . = O =`,•Ault Arrests 1998 Adult Arrests 1"999 --*—AdultAnests2000 YTD 1998 '"' —f—Y7D1989 --t—YtD2000 10 4,000 3,500 3,000 2,500 2,000 1,500 1,000 500 0 d c v YMCA Teen Scene CD K D a) c` c m 2 ` m m CD YTD total is read on the right scale Juvenile Arrests YTD t)Ws an: read ante dgtd scale 50 , 14,417 ,0'13,313 13,500 325 12,000 10,500 45 _.- 4 6,000 40 IAR • 0 301 1,500 0 ■295 35 v a c`o Q CCD ," 31 O' ' 275 28 25 26 20 4 1 250 15 ." ._ _, 15 13 10 - d ♦224 5- 0- 200 y 79 a c N a G.� o C N S CD (G V C MCD N < n O O CD N 3 CO 1 1 —O—Juvenile Arrests 1998 • - - • Juvenile Arrests 1999 , --*-Jwenite Artests 2000; 1998 1999 -—YTDZ000 4,000 3,500 3,000 2,500 2,000 1,500 1,000 500 0 d c v YMCA Teen Scene CD K D a) c` c m 2 ` m m CD YTD total is read on the right scale 15,000 , 14,417 ,0'13,313 13,500 ,0'12,137 12,000 10,500 9,000 _.- 7,500 6,000 IAR 3,000 1,500 0 o c v a c`o Q CCD 7 • • • MEMO DEPARTMENT OF COMMUNITY DEVELOPMENT Brad Collins, Director 417-4751 Sue Roberds, Planning Specialist 417-4750 Debra Barnes, Associate Planner 417-4752 Lou Haehnlen Building Official 417-4816 Roger Vess Permit Technician 417-4815 0 ORTA;NGIELES W AS H I N G T O N, U. S. A. Date: January 16, 2001 To: Mayor Doyle and City Council From: Brad Collins, Community Development Director Subject: 2000 Year End Planning Department Activity Report Attached is the Planning Department's year end report for 2000. The number of development permits is low. There are several reasons for this, including the low level of development activity in the City, reduction in the number of permits we now require, and better accounting for individual permit actions. The primary concern with this continued low level of development activity can be seen in the lack of subdivisions and rezones, signifying little expected change in land development for building permits in 2001. This is the last Planning Department activity report. Starting in January, 2001, planning and building activity will be reported together. Attachment DATE: To: FROM: SUBJECT: P ORT - NGELES A; WASHINGTON, U.S.A. DEPARTMENT OF COMMUNITY DEVELOPMENT January 16, 2001 Brad Collins, Community Development Director Sue Roberds, Planning Specialist Planning Department Year End Report - 2000 CURRENT PLANNING APPLICATIONS: Bed and Breakfast Permits 3 Binding Site Plan Review 1 Boundary Line Adjustments 1 Conditional Use Permits 10 Environmentally Sens. Areas 5 Home Occupation Permits 3 Minor Deviations 1 Retail Stand Permits 4 Rezones 4 Shoreline Substantial Development Permits 13 Short Plats 2 Street Vacation 2 Subdivisions 0 Variances 5 Wetland Permits 0 Code Enforcement 5 Appeals 1 SEPA ENVIRONMENTAL POLICY ACTIONS: Determinations 45 DEVELOPMENT REVIEW: Clearing and Grading Permits 6 Building Permits 9 Year End Total 119 • 0 • • ROLL CALL Members Present: Members Excused: Staff Present: MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 December 13, 2000 7:00 p.m. Bob Phiipott, Linda Nutter, Fred Norton, Bob King, Chuck Schramm, Fred Hewins, Mary Craver Brad Collins, Sue Roberds, Debra Barnes, Larry Dunbar Public Present: Jack Anderson, Jim Jones, Dana Dolloff, Darlene Schanfald, Kathe Smith, Rich James, Tom Leinaar, Jeff Bohman, Gary Gleason, Dave LeRoux\ Vice Chair Nutter presided over the meeting in the absence of Chair Hewins. APPROVAL OF MINUTES Commissioner Schramm moved to approve the November 8, 2000, meeting minutes as presented. The motion was seconded by Commissioner King and passed 4 - 0 with Commissioner Philpott abstaining due to absence at the meeting. PUBLIC HEARINGS: SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 00-13 RAYONIER. 700 North Ennis Street: A proposal to remove sludge at the floor of a lagoon, excavate, grade, and dismantle the lagoon, and install monitoring wells in conjunction with environmental clean up of a former pulp mill site. Associate Planner Debra Barnes reviewed the Planning Department's staff report recommending approval of the shoreline substantial development permit with conditions. Vice Chair Nutter opened the public hearing. Dana Doloff, 2953 Riverside Avenue, Jacksonville, Florida 22205, indicated that the proposal is associated with the on-going environmental clean up of the mill site. The proposed monitoring wells are a requirement of the environmental clean up. The Rayonier administration is not enthused about the proposal that the Waterfront Trail area be improved at this time due to the incomplete clean up of the site and the liability the access would present. It is intended that the trail will be completed prior to the final clean up but he didn't understand how that completion relates to the project under consideration. Rayonier's first Planning Commission Minutes - December 13, 2000 Page 2 priority at this point is to maintain security on the site and to protect the integrity of the site during the lengthy clean up activities. 0 Jack Anderson, Rayonier Environmental Engineering and Site Manager, stated that Rayonier is committed to construct the remaining portion of the Waterfront Trail that will extend along the mill's shoreline in the long term. It is possible that a temporary trail could be constructed in the interim under special conditions. It is up to those interested in developing the trail extension to put together a temporary trail proposal for Rayonier's consideration. With regard to the shoreline proposal under consideration, the sludge material is to be removed is non hazardous. The proposed monitoring wells are a requirement of the environmental clean up of the mill. Darlene Schanfald, Olympic Environmental Council, 3632 O'Brien Road, provided a letter of support for the monitoring wells but did not support the sludge clean up and removal. She requested that bonding be required for unanticipated activities that may occur during the sludge removal process and noted that no contractor has been listed for the activity. Rich James, a Clallam County Road Department employee, 223 East Fourth Street, stated that the segment of the City's Waterfront Trail that would be developed adjacent to the mill's shoreline upon completion of the mill clean up is a much needed connection that will complete the trail connection to a distance five miles east of the Rayonier site. He provided an overhead display of the existing trail system showing the subject area's connection to the trail use. The City's Waterfront Trail connects to the Olympic Discovery Trail which extends east of the City limits for a total of 20 miles of non motorized trail activity. It is hoped that the trail, including that portion that is adjacent to the Rayonier Mill site will be completed by September, 2001. The Trails Coalition group will work with Rayonier on developing a plan for a temporary/permanent trail that passes through the one quarter mile mill site. It is expected that the City will construct a solid wooden fence completely surrounding the mill site along Ennis Creek and south to the entrance of the mill from Front Street. A clean gravel base would be layed. In response to a question from the Commission, Mr. James answered that he believes that grant funds are available to the City to provide the fencing which he anticipated to cost $50,000 or so. Gary Gleason, 221 East Seventh Avenue, is a member of the City's Non Motorized Advisory Committee. The committee members met with representatives of Rayonier and are seeking the development of this vital link for completion of the regional non motorized trail. There may be periods of time during the remaining years of clean up of the mill site when the one quarter mile segment of the trail needs to be closed to public use but the periods of use would more than make up for that inconvenience. Jeff Bohman, 3753 Canyon Circle, President of the Peninsula Trails Coalition, expressed enthusiasm for completion of the last link in the western segment of the Waterfront/Olympic Planning Commission Minutes - December 13, 1000 Page 3 Discovery Trail. The Trails Coalition is looking forward to working with Rayonier on the proposal and will be putting together a plan to present to Rayonier and the City Council for approval. There being no further testimony, Vice Chair Nutter closed the public hearing. Commissioner Schramm asked how improvement of the trail at this time relates to the shoreline proposal under consideration. Planner Barnes responded that the City's Shoreline Master Plan encourages public access to shoreline areas. The Shoreline Substantial Development Permit that was issued for the initial mill clean up included the proposal by the applicant to provide this segment of public trail access. The subject shoreline permit application process is an opportunity to remind the applicant of the need to complete the trail and to endeavor to set a timeline for that construction. Such construction would require an approval of all parties for completion. Mr. Anderson responded to a question from the Commission that it is intended to begin sludge removal by early January, 2001. In response to Commissioner Nutter, Planner Barnes. stated that the Clallam County Health Department is responsible for the sludge disposal at an approved landfill site. Planning Director Collins noted that the Department of Ecology's representative has indicated that the disposal can be accomplished within acceptable guidelines for such activities. Following continued discussion, Commissioner King moved to approve the shoreline substantial development permit citing the following ten conditions, fifteen findings, and five conclusions: Conditions: 1. The project shall comply with the regulations of the City's Shoreline Master Program specifically those of Chapters 4, 5, 6 and 7. 2. The proposed project shall comply with all requirements of the Port Angeles Municipal Code including environmentally sensitive area protection and clearing and grading requirements set forth in Chapters 15.20 and 15.28. A detailed excavation plan shall be provided as a part of the clearing and grading permit application and approved prior to any excavation of the lagoon. A stormwater management plan shall also be provided and approved prior to any excavation of the lagoon. Such plans shall incorporate best management practices, protect water quality, provide details on re -vegetation, and shall also be approved by the Department of Ecology. I3. Removal of sludge or berm materials shall be made in compliance with applicable state and federal laws and shall be approved by Department of Ecology. Temporary storage of said Planning Commission Minutes - December 13, 2000 Page 4 materials shall be approved by Department of Ecology. Disposal of said materials shall be made in compliance with applicable state and federal laws at a solid waste disposal site approved to accept such materials. This shall include completion of the appropriate testing required prior to disposal in accordance with the Department of Ecology. 4. Excavation equipment used to remove the berm materials shall not be stationed on the beach area in order to minimize shoreline disturbance. 5. Prior to re -grading the lagoon area, any use of soils for re -grading shall be approved by the Department of Ecology. 6. The applicant shall obtain all other required permits of the State and/or other agencies with jurisdiction regarding the proposed project including a Hydraulic Project Approval (HPA) from the Department of Fish and Wildlife, and Olympic Air Pollution Control Authority. 7. If the subject site has not be previously inventoried, evaluated, and reviewed to the satisfaction of the Lower Elwha Klallam Tribe, the subject site shall be evaluated by a cultural review team which shall include a professional archaeologist, a representative of the Lower Elwha Klallam Tribe, the site owner, and the City Planning Department. This team shall determine the extent of excavation monitoring for the project during the permit review process.. As an alternative, the applicant may volunteer to have an approved archaeologist on site during any excavation in lieu of a review by the aforementioned cultural team. If during an excavation that by decision of the cultural review team occurs without an approved archaeologist on-site, any phenomena of possible archaeological interest are uncovered, the is developer shall stop such work and provide for a site inspection and evaluation by a professional archaeologist to ensure that all possible valuable archaeological data is properly salvaged. 8. Monitoring well placement shall be accomplished that results in the least disturbance to existing vegetation. 9. Approval of SMA00-13 does not supercede other permit approvals and associated conditions for the mill demolition, environmental assessments or remediation. 10. The existing riprap protecting the north side of the lagoon berm may remain in place on a temporary basis if necessary to avoid the spreading or dilution of potential contaminants. If left on a temporary basis, the riprap shall be removed upon approval of a separate shoreline permit as a part of subsequent remediation of the site or prior to granting of future development permits. Findings: Based on the information provided in the staff report dated December 13, 2000, for SMA 00- 13 (including all of its attachments), comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, and subject to the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that: Planning Commission Minutes - December 13, 2000 Page S 1. The applicant, Rayonier, Inc., applied for a Shoreline Substantial Development Permit on October 10, 2000, and the application was determined complete on October 20, 2000. The proposal is another phase of the demolition work of the site. The application proposes: 1) the installation of five to twelve groundwater monitoring wells, most of which would be within the shoreline jurisdiction. The remainder of the wells will be placed in various locations on the site which are not yet determined but will be outside the shoreline jurisdiction. 2) the removal of the majority (approximately 25,000 cubic yards) of the soil/gravel embankment materials of around the spent sulfite liquor (SSL) lagoon. The majority of these materials will be exported from the site for re -use at the company landfill. 3) the removal of removal of approximately 400 cubic yards of sludge from the base of the SSL lagoon for export and disposal at the company landfill. The work should be completed in two phases. Phase I includes placement of some of the monitoring wells in addition to removal of the berm. Phase II will include removal of the sludge and re -grading fo the lagoon area which will be completed within 12 months of permit approval. 2. The monitoring wells are necessary for continued investigation and clean up activities at the site. The wells will be used to conduct preliminary groundwater investigation in preparation of soil sampling and possible remediation of the site prior to sale of the property and subsequent redevelopment. The monitoring wells can each be described as having diameter between 2 to 6 -inches and a depth between 10 and 25 feet. Installation of the six wells within the shoreline jurisdiction may require temporary equipment near the OHWM. The approximate location of these well is shown on the site plan in Attachment A. 3. Dismantlingof the SSL lagoon berm is also a art of the demolition activities of the site. g P The lagoon is approximately 810 feet long and between 180-240 feet wide. The earthen materials (fine sand, gravelly sand, and silty sand) that make up the 15 -foot high berm around the lagoon were imported to the site from the Mt. Pleasant landfill site many years ago. The majority of the soil materials is proposed to be reused at the Mt. Pleasant as a part of the closure of the landfill. Temporary storage or disposal of any materials at the landfill requires a permit approval by Clallam County Environmental Health which is currently in process and not yet issued. According to the applicant, disposal at other available sites is not planned at this time. Some materials will remain for re -grading the site as well as for shoreline protection. Riprap has also been placed at the base of the northern portion of the berm when it was constructed. Some of the riprap materials are proposed to remain on the site for the purposes of temporary shoreline protection from infrequent high wave action during continued assessment and clean up of the site, and will temporarily remain in its current location which is between 15 and 30 feet from the mean higher high water mark. Approximately 1100 truck trips will be necessary to haul away these materials. 4. Removal of the silt liner interior and non -hazardous sludge materials at the bottom of the lagoon is also proposed. The bottom of the lagoon is approximately 2.5 feet below existing elevation of the surrounding properties. These materials will be properly stored on site until disposed of at the company landfill upon approval of the solid waste permit by Clallam County Environmental Health. An estimated 18 vehicular trips will be made for this work. The area will be re -graded to match adjacent elevations and to address stormwater runoff, followed by seeding with natural vegetation. Planning Commission Minutes - December 13, 2000 Page 6 5. The subject site is currently undergoing demolition of the mill under previous shoreline permit approvals, including SMA 97-02 and SMA 99-01 and their associated review and determinations related to the State Environmental Policy Act. In the 1997 work plan for the pulp mill demolition, Item I(B)(5) stated that removal of the SSL lagoon dike material will be done. The proposed monitoring well placements are a result of the environmental assessment currently underway. 6. The former Rayonier mill site is located at 700 N. Ennis Street in a portion of the northwest quarter of Section 11, Township 30 North, Range 6 West Willamette Meridian. The site is approximately 80 acres in size and is generally flat. The site consists of semi -natural beach, deltaic materials (from Ennis Creek delta), and extensive fill and piling placement, including the former Ennis Creek Estuary. It includes approximately 2400 feet of saltwater shoreline generally bisected by Ennis Creek and a large dock. The shoreline at the OHWM is heavily riprapped west of the Ennis Creek outfall. A gentle sloping beach with logs and beach grass exists east of the creek along the SSL lagoon continuing southeasterly towards the bluff, where a riprapped shoreline begins again. The site is bordered by 70-100 foot bluffs and ravine walls to the south and residential uses. The proposal is located within the 100 -year flood zone. 7. At the base of the bluff on either side of the subject property, is the Olympic Discovery Waterfront Trail which is proposed to connect through the Rayonier site at some future date. In 1997, Rayonier granted to the City of Port Angeles their interest to the former railroad right-of-way. In addition, Rayonier has granted an easement for the trail which is 20 -feet wide and at an unknown location. As agreed between the City of Port Angeles and Rayonier, a permanent trail will cross the site to connect segments of the Olympic Discovery Trail. The location for the trail will be determined after the assessment is complete and is subject to several conditions including agreement by the future owner of the site. The recorded easement also specifies that a temporary easement for a temporary trail may be granted at the City's request upon a determination that the trail would not be impacted by remediation efforts. Rayonier hosted a meeting with Peninsula Trail Coalition members and staff of the Dept. of Ecology and City of Port Angeles at the project site on December 12, 2000, in order to begin discussions on possible temporary trail locations across the former mill site. The meeting concluded with the expectations that these discussions would continue between the groups. 8. In 1997 a shoreline substantial development permit was issued for demolition of the mill structure (SMA97-02). This permit approval was conditioned to require a complete environmental assessment and subsequent shoreline permit approval for the remediation or clean up of the site after the demolition work, as determined necessary. In addition, a shoreline substantial development permit was issued for sunken log salvage and removal of pilings, a storm buoy and some armoring rock in 1999 under SMA 99-01. The associated State Environmental Policy Act Mitigated Determinations of Nonsignificance on the above permits are #730, 825, and 829 included conditions of environmental site and voluntary remediation, inspections, demolition and hazardous waste management plans, monitoring, best management practices to meet water quality standards, and appropriate oversight, inspections and notification to applicable agencies. Planning Commission Minutes - December 13, 2000 Page 7 9. The proposal has been reviewed for consistency with the Port Angeles Shoreline Master Program. Because the proposal is associated with hazardous waste clean -u, the activity is considered to be a permitted use under Chapter 4. The relevant policies that pertain to the proposal include: Chapter 4, Policies B-1, C-1 and 4, D-1, E-1 and 2, F-1, 2, and 4-8, H-1-4, J 1, K-1-4, and N-1 and 2, Chapter 5, Policies E-1, 5, 6 and 8, Chapter 6 Policy E-1, Chapter 7 Policies B 1,2, 4, 5, and D 1-5 and all associated regulations. 10. According to Chapter 6 of the City of Port Angeles Shoreline Management Plan, waste disposal, except clean soils and clean dredge spoils, is prohibited within shoreline jurisdiction. Temporary storage of waste is allowed, provided any hazardous materials stockpiled during cleanup operations shall be removed from the shoreline area as soon as excavation is completed. 11. The subject site is identified as a locally unique beach and coastal drift process area and is therefore subject to the City's Environmentally Sensitive Areas (ESA) Ordinance, Chapter 15.20 PAMC and its regulations. The proposed excavation within an environmentally sensitive area requires a clearing and grading permit approval under Chapter 15.28 PAMC and is subject to its regulations. Therefore, an ESA and Clearing and grading permit approval is required for this proposal. 12. A Determination of Non -Significance was issued by the City of Port Angeles SEPA Responsible Official for the proposal on December 4, 2000. (#934) 13. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 14. The Port Angeles Comprehensive Plan, and Zoning Ordinance have been reviewed with respect to this application. 15. The site is designated Industrial in the City's Comprehensive Plan, Industrial, Heavy in the City's Zoning Ordinance under PAMC 17.34, and Urban -Harbor in the City's Shoreline Master Program. 16. The following agencies, tribes and/or organizations were given notice of the application and its public comment period: Washington State Department of Fish and Wildlife; Washington State Department of Ecology; and Lower Elwha Tribal Council. No written comments have been received during the written comment period which concluded November 20, 2000. Conclusions Based on the information provided in the staff report dated December 13, 2000 for SMA 00- 13 including all of its attachments, comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, the above listed findings, and subject to the above listed conditions of approval, the City of Port Angeles Planning Commission hereby concludes that: Planning Commission Minutes - December 13, 2000 Page 8 A. As conditioned, the proposed project is consistent with the City's Comprehensive Plan, specifically, Land Use Element Policies A-2 and H-4, Conservation Element Policies B-1, D-7 and D-8, Economic Goal B, and also the City's Zoning Code Industrial, Heavy zone under PAMC 17.34. B. As conditioned, the proposal is consistent with the City's Shoreline Master Program Chapter 4, Policies B-1, C-1 and 4, D-1, E-1 and 2, F-1, 2, and 4-8, H-1-4, J 1, K-1-4, and N-1 and 2, Chapter 5, Policies E-1, 5, 6 and 8, Chapter 6 Policy E-1, Chapter 7 Policies $ 1,2, 4, 5, and D 1-5 and all associated regulations. C. As conditioned, the project will not be detrimental to the shoreline. D. As proposed, the project will not interfere with public access to the shoreline. E. As conditioned, the proposed project will not interfere with public use of lands or waters subject to the public trust doctrine. Commissioner Norton seconded the motion which passed unanimously. The Commission took a break at 8:20 p.m. The meeting reconvened at 8:30 p.m. CONDITIONAL USE PERMIT - CUP 00-10 - LEINAAR, 816 West 14' Street: A proposal to establish an accessory residential unit on property located in the RS -7, Residential Single Family zone. is Associate Planner Debra Barnes reviewed the Planning Department's staff report and responded to questions regarding on-site required parking. She noted that the proposal involves the demolition of several small accessory structures currently on the property to allow for placement of the accessory residential unit as proposed. Monitoring of the proposed development will occur through the building permit process. Vice Chair Nutter opened the public hearing. Tom Leinaar, 816 West Fourteenth Street, agreed with staff's report and indicated that the intended occupants of the accessory residential unit are his elderly parents. There being no further comments, Vice Chair Nutter closed the public hearing. Commissioner King moved to approve the conditional use permit citing the following three conditions, ten findings, and four conclusions: Conditions: The proposal shall meet the definition of an accessory dwelling unit set forth by PAMC 17.08.010(B). 0 2. The total floor area of the accessory dwelling unit shall not exceed 50% of the floor area of the main residence. 92 Planning Commission Minutes - December 13, 2000 Page 9 3. Two (2) parking spaces shall be provided for the accessory residential unit. This is in addition to the two spaces required for the existing residence. Findings: Based on the information provided in the Planning Department Staff Report for CUP 00-10 dated December 13, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed condition of approval, the City of Port Angeles Planning Commission hereby finds that: 1. The applicant, Thomas Leinaar, submitted a Conditional Use Permit application to the City on October 30, 2000. A Determination of Completeness was made on October 31, 2000. The associated public comment period ended on November 17, 2000, with no written comments received. 2. The application is to develop an accessory residential unit on a RS -7, Residential Single Family, zoned property. The existing residential unit contains approximately 1488 square feet in total floor area. 3. Section 17.08.010B of the Port Angeles Municipal Code defines an accessory residential unit as a dwelling unit which: ! A) is incidental to a detached single family residence, B) is subordinate in space (i.e., fifty percent or less space than the single family residential use), C) is located on the same zoning lot as the single family residence, and D) is served by separate water and electrical services, in addition to a separate address." 4. Section 17.08.0250 of the Port Angeles Municipal Code defines a dwelling unit as "one or more rooms which are arranged, designed or used as living quarters for one family only. Individual bathrooms are not necessarily provided, but complete single kitchen facilities, permanently installed, shall always be included for each dwelling unit." 5. Section 310.7.1 of the 1997 Uniform Building Code states that an Efficiency Dwelling Unit "...shall have a living room of not less than 220 square feet of superficial floor area. An additional 100 square feet of superficial floor area shall be provided for each occupant of such unit in excess of two." 6. A Determination of Non -Significance (DNS #935) was issued for this proposal on December 4, 2000. Planning Commission Minutes - December 13, 2000 Page 10 7. The site is designated by the Comprehensive Plan as Low Density Residential. 8. Existing land uses adjacent to the subject site are single family residences 9. The City's Parking Ordinance requires parking spaces to be a minimum of 8.5 by 18 feet in length and that two off-street parking spaces be provided for each unit of a single, two, or three family structure. 10. The Comprehensive Plan's Land Use Element Policies A2 and Cl, Housing Element Policies A6 and B6 are directly relevant to the proposed project. Conclusions: Based on the information provided in the Planning Department Staff Report for CUP 00-10 dated December 13, 2000, including all of the information in the public record file, comments, and testimony presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed condition of approval and the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: A. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan's Low Density Residential Land Use Designation, the Comprehensive Plan's Land Use Element Policies A2 and C1, Housing Element Policies A6 and B6. B. As conditioned, the proposal is consistent with the definition of accessory dwelling unit under PAMC 17.08.110(B), the purpose of the RS7 zone, as well as design and performance standards, as specified in 17.10 PAMC. C. As conditioned, the proposal is consistent with the requirements for approval of a conditional use permit as specified in PAMC 17.96.050. D. As conditioned, the proposed project is in the public use and interest. PETITION FOR VACATION OF RIGHT-OF-WAY - STV 00-03 - PORT ANGELES SCHOOL DISTRICT: Petition for vacation of the remaining right-of- way known as the 8/10 Crossover located in Block 306, Townsite of Port Angeles. Planning Specialist Sue Roberds presented the Planning Department's staff report recommending approval of the vacation of right-of-way as petitioned. Vice Chair Nutter opened the public hearing. Jim Jones, Jr., 2106 Seabreeze Place, represented the Port Angeles School District. Mr. Jones stated that the School District has partnered with the North Peninsula Building Association (NPBA) in providing property for home sites to be constructed through a classroom program at the Port Angeles High School and Skill Center which teaches students homebuilding skills. The project may be the first of its kind in the nation. The subject property abuts School District property. Vacation of the right-of-way would allow the development of five residential lots that are presently encumbered with the right-of-way. Planning Commission Minutes - December 13, 2000 Page 11 Planning Director Collins commended the NPBA and the School District on the invention of such a worthwhile project. In response to Commissioner Schramm, Mr. Jones answered that the program is similar to past programs where schools work in partnership with a service group, such as Kiwanis. In the past, sponsors own a property and pay for the cost of materials with the labor/ training being supplied by volunteers and students from the high school but when the residences are then sold, they are sold as a club fund raiser. The NPBA program is much more comprehensive. The School District or perhaps, in the future, the City, will provide available properties with the North Peninsula Building Association and its members providing supervision and pertinent skills necessary in the construction industry. Experience in design development including drawing, engineering, clearing and grading, utility construction, and landscaping will be taught. Many levels of education will be involved from the High School's technical drafting students to horticultural students. Participants are not typical high school age students but are also adults from the School District's Skill Center who will be taught a new or improved trade. All proceeds will be returned to the program to perpetuate this type of learning environment and affordable housing opportunity for several years to come. The NPBA program is strictly a teaching opportunity to teach the art of building from the very beginning to marketing a finished product. The School District is proud to sponsor the NPBA program. He thanked the City administration for support in the efforts as well. 0 There being no further testimony, Vice Chair Nutter closed the public hearing. Speaking as a retired building official, Commissioner Norton lamented the loss of such apprenticeship programs over the past 20 years or so where instruction in such a valuable trade has not been available. Really qualified artisans are taught by those who have learned the trade. Commissioner King moved to recommend that the City Council approve the petition for right-of-way vacation, STV 0-03, citing the following findings and conclusions: Findines: 8. A petition for vacation of right-of-way was submitted by the Port Angeles School District on November 1, 2000. 9. The proposed street vacation is for the remaining portion of what is known as the 8/10 Crossover described as being a portion of Lots 13 - 20, Block 306, Townsite of Port Angeles. No portion of the unimproved 9/10 alley is included in this proposed street vacation. 10. Lots 13 - 14 have been developed as a single building lot which is developed as a single- family residence. Lot 13 contains a portion of the Crossover right-of-way along the southeastern frontage. Lot 14 is entirely fronted by the right-of-way. The proposed vacation would clear title to this property for the owners, Mr. and Mrs. Charles Grant. 95 Planning Commission Minutes - December 13, 2000 Page 12 11. Lots 15 - 20 are owned by the Port Angeles School District. The Port Angeles School District has partnered with the North Peninsula Building Association (NPBA) and intends to construct five single family residential homes on Lots 15 - 20 through the Future Builder's Training Program offered at the Port Angeles High School. The proposed vacation would allow the properties to be developed and placed on the public tax rolls. 12. The properties abutting the proposed street vacation are zoned Residential Single Family (RS -7). The properties north of the 9/10 alley are zoned Residential High Density (RHD) and Community Shopping District (CSD) with the RHD property developed as a senior residential community know as Park View Villas. The CSD property is currently undeveloped. 13. No utilities are located in the right-of-way proposed for vacation. 14. The City's Fire and Police Departments had no comment or concerns regarding the proposed street vacation. 15. Tenth Street, "I" Street, and Eighth Streets are identified as arterial streets on the City's Circulation Plan Map. 16. The properties south of Tenth Street are zoned and developed as RS -7 Residential Single Family. 17. The vacating of a street is categorically exempt from a SEPA threshold determination per Section 197-11-800 (2) (h) of the Washington Administrative Code. 18. The proposed street vacation was reviewed for consistency with the Port Angeles Comprehensive Plan. 19. The site was posted and notice of the action was published in the Peninsula Daily News on November 26, 2000. No written comments were received during the publication and posting period. 20. This action constitutes a recommendation to the City Council. The City Council has scheduled a public hearing for consideration of the petition at its December 19, 2000, regular meeting. Conclusions: A. Current traffic circulation in the area will not be affected by this vacation. Future development will access the area in the established pattern from nearby arterials. B. The vacation of the proposed rights-of-way will not interfere with the public's health, safety, or welfare. C. Residential development patterns in the area south of Tenth Street will not change as a result 96 of the proposed street vacation. Planning Commission Minutes - December 13, 2000 Page 13 D. The proposed street vacation is consistent with the Port Angeles Comprehensive Plan. The following goals and policies were found to be the most relevant: Economic Development Element Goal B, Policy 5; Housing Element Goals A and B; and Land Use Element Policies B.2 and B.3. E. Because the right-of-way is not needed nor intended for use as a public right-of-way by the City, vacation of the property is in the public's interest as it will place the property on the public tax rolls and allow residential development in a normal manner. The motion was seconded by Commissioner Norton and passed unanimously. COMMUNICATIONS FROM THE PUBLIC None. STAFF REPORTS REPORTS OF COMMISSION MEMBERS 0 None ADJOURNMENT The meeting adjourned at Brad Collins, Secretary Linda Nutter, Vice Chair PREPARED BY: S. Roberds • 97