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HomeMy WebLinkAboutAgenda Packet 04/17/2001+' AGENDA TNE� CITY � I�CIL M ET NG . 321 EAST FIFTH STREET . WASH IN GT ON, U. S: A, Apra 17,2001 - S ECIA MEE�TI t V . — 5w ellii• �. E VI,AR.MEETINGi .y 6:1i0 g:ROM i s M. A. CALL TO ORDER- Special Meeting (5:15 p.m.) Appoint.l46bers ., Interview applicants and make appointments.ta I Planning Commission and Board of Adjustment B. CALL TO ORDER - Regular Meeting (6:60 p.m.) POLL CALL - PLEDGE OF ALLEGIANCE - CEREMONIAL MATTERS & PROCLAMATIONS Earth Day Proclamation & Recognition of Bill 2S Read Proclamation and Recognize Angehrn for his city clean-up and recycling Citi,en. C. WORK SESSION D. LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS (By Council, ,Staff or Public) AND PUBLIC COMMENT FOR =ITEMS NOTONAGENDA. (This is the oppgi-tunityfor members of the public to speak to the City Council about anything not on the agenda, please,keep comms eniis'to 5-10 minutes.) E. FINANCE F. CONSENT AGENDA I, City Council minutes -April 3, 2001 regular 27 Action Approve Consent Agenda meeting 2. Cheek register - April 9 2001 - $839,003.32 33 . G. OMMITTED CITY COUNCIL COMMITTEE- H. H. ORDINANCES NOT REQUIRING PUBLIC HEARINGS I. RESOLUTIONS Contract Change Order Authority 65 Action Approve Resolution - NOTE: HEARING DEVICES AVAILABLE FOR THOSE DEEDING ASSISTANCE MAYOR TO DETERMINE TIMEOF FREAK' April 17200t Port Angcles City Council Me ting Page - 1 F - f I t u J. OTHER Gf}NSII7ERATIS } 1. City !PADA Contract Yeah 2041 6g Action Approve Contract 2. City f EDC Contras Year �2"001 75 Action Approve CAi ontract �� i 3 Presentation csrt. aural"tr1.S#rs a. .. . 4 Surface Transpoittatton.J'rogr-aik-�Fand Allocation 83 89 Action Approve Agrecipent 5. `Surplus Equipment an " iat oats' Action Set Public Hearing 6. Electric Rates Brief 95 ..;_ A. Energy Analysis 97 7 Conservation Pragrain Atzihority .,4 111 Actio n-1 Approve Attthort t0`t FompacC l±ltaotescexut I alp. Agernerut 113 " et1on Appio tAgeerruent 9: Reque ppr to. bl[stt Tidelands East . `: 117 , ,Ai bite Location as Gateway site .... K. PUBLIC HEARINGSr- QUASI-JUDICIAL (7:40 P.M. or soon thereaer) L. PUBLIC HEARINGS,,, OTHER 1. Municipal Code Amendment MCA 01-01 _ 121 Action "A trove Zorn . Code Arneitdinetut PP BeutlerlNgrdstromx Small sniIls in the IL Zene. r 2. Street Vacatitort Petition - STV 01-01- Food lank, .� 143 Action Approve Street. Vacatte n Oidihance... Fourth Street west of,Valtey Street., k 1N, 3. Telecommunications and related" ordinances " A. Telecommunications Ordin*ce 165 { B. Pole Attachxnqut Ordinance C. MunicipalCodeAmendmert-MCA 00-04 ` " Telecoxniruzuicato� Wireless and Facilities Ordinance - City - D. Fees E. Business Licenses, F. Public Utility Tax, G., Construction or Excavation Work Within Right -of iiy H. Right-qf n Use M. .INFORMATION' t. ✓. , I. City Manager's Calendar (Page 2'63) * Morse Creek 1dro Contract Update (Page 265) 2. Resignation frci�l Stei+e "Anderson, Bard of'Appeals , (Page 267) ` a ` 3. Planning CominiWort Minutes - March 28, 2401 (Page 269) 4. Park Board Mtnttes - March 22 2001 ` (Page 283)'--;': 5. Community Dekopment Monthly; PQRTANGELES W A S H I N G T O N, U. S. A. CITY OF PORT ANGELES CITY COUNCIL MEETING Y I. CALL TO ORDER - REGULAR MEETING: II. 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 III. PLEDGE OF ALLEGIANCE: /Ar/ _nv'iTyjV4PIT'I _ April 17, 2001 PQRT�I�GELES WASH INGTON, U.S. A. DATE OF MEETING: April 17.2001 CITY OF PORT ANGELES CITY COUNCIL MEETING Attendance Roster LOCATION: City Council Chambers 441 ;,57 5- 6 5t. IPA. ggU2, L S-�- 510 Le, �c / VAIVC16 AN I IWO t�� qg sz omo 0 019 PQRTANGELES W A S H I N G T O N, U. S. A. City of Port Angeles Ordinance/Resolution Distribution List City Council Meeting ofJWu- fQ�� • U M-3 COUNCIL DATE: April 17, 2001 TO: MAYOR DOYLE AND CITY COUNCIL FROM: Becky J. Upton, City Clerk/Management Assistant tf SUBJECT: Interview Appointments for Applicants to Fill Vacancies on Planning Commission & Board of Adjustment Summar,: The City Council recently appointed Mr. Wayne Doty to the Planning Commission; however, Mr. Doty has accepted employment out of the area and has since resigned. Thus a vacancy has been created on the Planning Commission for the unexpired term ending February 29, 2004. Applications to fill this particular vacancy have been submitted by Rick Porter and Nancy Newman. In addition, there is currently one vacancy on the Board of Adjustment for the term ending February 28, 2005. Applications have been submitted by John Teichert, Richard Headrick, and Chuck Whidden. Recommendation: That the City Council interview the five applicants and then proceed to a roll call vote to appoint one member of the Planning Commission and one member of the Board of Adjustment. Background / Analysis/ Analysis: Due to the resignation of Wayne Doty from the Planning Commission, there is one vacancy to be filled for the unexpired term ending February 29, 2004. A copy of Mr. Doty's letter of resignation is attached for your information. Applications to fill the vacancy have been submitted by Rick Porter and Nancy Newman. Further, there is one remaining vacancy on the Board of Adjustment, and applications have been submitted by John Teichert, Richard Headrick, and Chuck Whidden. This vacancy is for the term ending February 28, 2005. Interviews have been set for Tuesday, April 17, 2001, at 5:15 p.m. in the City Council Chambers, as follows: 5:15 p.m. Rick Porter - applicant for Planning Commission 5:25 p.m. Nancy Newman - applicant for Planning Commission 5:35 p.m. Richard Headrick - applicant for Board of Adjustment 5:45 p.m. John Teichert - applicant for Board of Adjustment 5:55 p.m. Chuck Whidden - applicant for Board of Adjustment Copies of the applications are attached for your reference. In addition, Community Development Director Collins has prepared some suggested questions that are germaine to the duties of the Planning Commission and the Board of Adjustment. Attachments 1 • • 2 Rocket N{wiwicai systems 250 West 19^ Street Port Angeles Washington 88363 V:(360)4574242 F:(360)452-8074 Office of the Mayor City of Port Angeles 32 East 5th Street Po t Angeles, WA 9.8362 261March 2001 Mayor Doyle and.Council Members, Effective April 15th, I must resign from the position of Pltnning Commissioner. I can participate in the meetings scieduled for March 28th and April lith if it pleases the CoOncil. Sipce my appointment to the Planning Commission I was co tacted by Ithe State and requested to complete an aplication for employment. With unexpected speed the State of�ered me employment last Friday. Afper a brief.negotiation, I accepted employment with the St to of Washington Department of Corrections. I will be one of six Project Managers responsible for Capital Project undertaken by the Department of Corrections. I believe this will provide me with an unprecedented opportunity for growth in my engineering career. A ondition of the employment is that I move to Olympia and work out of an office there. I will be reporting to my new office on April 16th. Mylbrother Mark and mother Rosalie will continue to operate Ro ket and offer the Peninsula's premier fire sprinkler system se vices. Pl ase let me know what, if any, other actions I should take tolleave the Commission before my appointed term is up. Thank you for the opportunity to serve you and the people of Poirt Angeles.. S cerely, Wayne A. Doty, PE 3 • • am, • • COUNCIL DATE: APRIL 17, 2001 M;l TO: MAYOR DOYLE AND CITY COUNCIL FROM: BRAD COLLINS, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: PLANNING COMMISSION INTERVIEW QUESTIONS Summary: Due to an unexpected job offer, Wayne Doty submitted his resignation (letter attached). Two candidates who applied recently are available for interview. The primary duties of the Planning Commission include advising the City Council on major land use policies such as the comprehensive plan, rezones, and subdivisions; deciding certain land use applications such as conditional use, unclassified use, and shoreline permits; interpreting uses not expressly permitted in the Zoning Code; and acting as a research and fact-finding body. The following questions provide examples of inquiries that should be made of candidates to assess their knowledge of and approach to development issues. Recommendation: Consistently ask the same question of each candidate. It is most easily accomplished by each Councilmember asking each candidate the same question. There are no right or wrong answers to the sample questions, but each candidate's answers can help to distinguish their individual level of planning knowledge and different approaches to deciding issues, particularly in regard to the legal context of property and civil rights. Following the interviews, the City Council should select a candidate to fulfill the term of office vacated by Mr. Samnle Ouestions: I . What are some of the strengths and weaknesses about the land use planning that has been done in Port Angeles and what new planning policies would help in the future? 2. What is the relationship between the Zoning Code and the Comprehensive Plan? 3. You are in favor of a project that violates the City's Zoning Code, what actions can you take? 4. Vacant buildable land is in short supply for what types of zones in Port Angeles and why do you think this is so? 5. As a Planning Commissioner, when is the best time to discuss a matter that's scheduled for a public hearing at the Planning Commission? 6. How would you resolve conflicts inherent between different Comp Plan policies? 7. How do you feel about making some decisions which are only advisory to the Council? G:\CNCLPKT\041701B.wpd 5 .7 • • Q�RTANGEL S WASHINGTON, S H I N GTO N, U. 5. A. ' .ice" L y _ p t JAN - 8 2001 CITY OF PORT ANGELES CITY CLERK Application for Appointment to a Board, Commission, or Committee Board, Commission, or Committee to which you are seeking appointment PlanninL Commission Board or Commission Full Name Board or Commission Full Name Board or Commission Full Name Applicant Name and General Information R L TPertPr First MI Last 110� So Lincoln St Pert An�-PIPC WA 9F,369 Home street address Port Ans eles WA 9S3C2 City State Zip Code 452 2b32 417-2591 Home phone number Work phone number Certification and Location Information Circle one Are you currently a City employee? Yes ©° Are you a citizen of the United States? Ye No Are you a City resident? es No Do you own/manage a business in the City? Yes Do you hold any professional licenses, registrations or certificates in any field (list below)? Yes No `9ashin�ton State Har Assoc. Nat'l Assoc of Securities Dealers . Series 7 Are you aware of any conflict of interest which might arise by your service on a City Board or Commission? If so, please explain: Non e In compliance with the American Disabilities Act, if you will need special accommodations because of a physical limitation, please contact the City Clerk, 417-4634, so appropriate arrangements can be made. (OVER) 1 Work Experience List most recent experience first (or elaborate on a resume if you prefer) 1. C'.1 nl 1 nm Cnilritv Sr Trin-1 ktt37 1 / 9 R PreGpnt Employer Your.Title From (M/Y) To (M/Y) a Senior Trial AttarneI7 - Felnn3zllitvi Sinn Brief job description 2. United States Air Fnrne Jud.V,e Advocate 5191 8197 Employer Your Title From (M/Y) To (M/Y) Dc-jijit3 Stnff JiirigP Arlynnnt- in Germsny snd T t s 1 y Brief job description 3. r)n„si a s; r. mml-1nity tleslai1;a,l 1)aramed-ia Employer Your Title From (M/Y) To (M/Y) Brief job description Education List most recent experience first es No I . L,niv cL ptlgi-t fipiind T,nw Institution/Location Credits earned/Major area of study Graduated? es No 2.University of Oreeon Psvcholoav Institution/Location Credits earned/Major area of study Graduated? • Yes No 3 Institution/Location Credits earned/Major area of study Graduated? Charitable, Social, and Civic Activities and Memberships List major activities you have participated in during the last five years L iZntarry Int' 1 Ciy r so Organization and location Group's purpose/objective # of members VlashingtonAir Nat'l Guard military 1500+ 2. Irks C'luh social 200 Organization and location Group's purpose/objective # of members Brief description/f your participation Applicant Signature " Date Submit completed forms to: Office of the City Clerk, City of Port Angeles, 321 E. 5th Street, P. 0. Box 1150, Port Angeles, Washington, 98362 1/99 E0161 r� • P PIRTANGELES WASHINGTON, U. S. A. APR - 4 M CITY OF PORT ANGELES CITY CLERK Application for Appointment to a Board, Commission, or Committee Board, Commission, or Committee to which you are seeking appointment [ I IQ n rX1v ci CC rtn ✓VA i SS t'v I'1 Board or Commission Full Name Board or Commission Full Name Board or Commission Full Name Applicant Name and General Information V Ct V1 C L V 1/1. 1 V- W First MI 17 8 -It � Last J ( . street address City State Zip Code Home phone number Work phone number Certification and Location Information Circle one Are you currently a City employee? Yes oj Are you a citizen of the United States?es No Are you a City resident? Yes,,} No Do you own/manage a business in the City? Yes Nol Do you hold any professional licenses, registrations or certificates in any field (list below)? Yes 6o Are you aware of a Gon ict of interest which might arise by your service on a City Board or Commission? If so, please explain: N. A In compliance with the American Disabilities Act, if you will need special accommodations because of a physical limitation, please contact the City Clerk, 417-4634, so appropriate arrangements can be made. (OVER) Work Experience S -e-e- List most recent experience first (or elaborate on a resume if you prefer) 1. Employer Your Title From (M/Y) To (M/Y) Brief job description 2. Employer Your Title From (M/Y) To (M/Y) Brief job description 3. Employer Your Title From (M/Y) To (M/Y) Brief job description Education List most recent experience first 1 1 Ce No 1. PC, i- 1arL�. E._ UTA 0f-L.,(al Vt�L'�hf=��` �ir�C�i� 5 Institution/Location Credits eamed/Major area of study Graduated? 2. %n f_' -i, i _KS q C- hp J t; C es,'No Institution/Location Credits eamed/Major a ea of study Graduated? Yes No 3. Institution/Location Credits earned/Major area of study Graduated? Charitable, Social, and Civic Activities and Memberships List major activities you have participated in during the last five years 3 -Org1.' C- 0 1i rA St -J tl b i -Jto zl It - R-t'..S C I Sh f C w) c e i'1 l e i, /3 - Organization anization and location Group's purpose/objective # of members PFI te,fl(kKve, dtv,. f Brief description of your participation 2. WO Ern %;.` itf-y' eA Re je 3 f i - t 1,0 ci i- C) 0 Organization and location I Group's pure se/objective ' # of members r-� J cc( -"Mi I\i Ouf re -a -c_4'1 f �t��l_('_e�f (i1%'\ co, ()►'c1.r\a 1"t- cz�o-yie'ev'1re S Brie tscription of yo& participation Applicant Si aturte Date I Submit completed forms to: Office of the City Clerk, City of Port Angeles,.321 E. 5th Street, P..O. Box,1150, Port Angeles, Washington, 98362 1/99 Nancy Lynn Newman, doing business as Cultural Ecologies, is a group . facilitator, trainer, and coach. Over the last twenty years, she has led seminars and skills workshops in team building, communication, presentation skills, management and leadership, diversity, Myers Briggs and Singer -Loomis applications, as well as working with individuals in professional coaching relationships. More recently her work has been directed towards facilitating executive retreats for developing vision, values, and purpose, leadership transition, and strategic planning. She has worked with companies throughout the country including Levi Strauss & Co., Nike, Inc., Kaiser Permanente, Steelscape (formerly Coated Steel Corporation), Columbia Sportswear Company, CyberSight, and Mentor Graphics Corporation. • Her current focus is on creating learning experiences and strategies • that link personal vision and commitment with company mission. She is committed to strengthening individual and team skills that expand contributions to organizations and their communities. The business name, Cultural Ecologies, refers to the relationships between individuals and groups and their work environment. It suggests an assumption of interdependency. Along with the mission statement, "Strengthening Organizational Culture Through Purposeful Communication", Cultural Ecologies reflects the belief in the importance of communication in creating and maintaining healthy and productive corporate cultures. Cultural Ecologies 2001 11 Nancy Lynn Newman P.O. Box 3097 is Port Angeles, Washington 98362 (360) 452-1188 EMPLOYMENT HISTORY January 1993 to Present Cultural Ecologies. Owner. Corporate training, organizational development consulting, facilitation, personal coaching, and public speaking. Develop and deliver workshops and seminars. See attached for topics and client list. October 1988 to December 1992 Pacific Learning Systems. Director, Western Region. Responsible for strategic planning, marketing, sales management, training, and customer service. In addition, coordinate and lead on-site seminars for client companies nationally. July 1986 to October 1988 Lancome, Division of Cosmair, Inc. Regional Trainer. Responsible for personnel training and development in seven western states. Coordinate and lead classroom seminars on product knowledge, sales skills, motivation, and business development. is March 1985 to June 1986 Los Angeles Unified School District. Teacher/Coordinator, Gifted and Talented Program. Responsibilities included student assessment and program placement, curriculum development, program supervision and classroom teaching. July 1981 to March 1985 NLB Enterprises. Independent marketing consultant and manufacturers' representative. Developed and implemented marketing plans for small and mid- sized businesses on a contract basis. Prepared and presented seminars on computer systems and applications for small business. September 1975 to July 1981 Boehringer Ingelheim, Ltd. Pharmaceutical Sales Representative. Developed and maintained accounts with physicians, hospitals, and pharmacies. 12 • CULTURAL ECOLOGIES Strengthening Organizational Culture Through Purposeful Communication Nancy Lynn Newman P.O. Box 3097 Port Angeles, WA 98362 360 452-1188 360 452-1168 (fax) Skills Summary Highly effective facilitator and trainer with over sixteen years of experience in education, training and development, public speaking, and organizational development consulting. Extensive background working with manufacturing, healthcare, utility, and service industries. Myers -Briggs and Singer -Loomis qualified, and certified in all Zenger Miller training programs. Current focus on team development, communication skills training, meeting facilitation, personal coaching, and creating employee training and development strategies Finked with company vision. TOPICS INCLUDE: Context -Directed Communication Singer -Loomis Type Deployment Inventory Myers Briggs Applications Selling Skills Team Dynamics Presentation Skills Conflict Management Gender Diversity CLIENTS FSI Flir Systems, Inc. CNF Transportation, Inc. Wacker Siltronic Corporation NACCO Materials Handling Group, Inc. Mentor Graphics Corporation Columbia Sportswear Company In Focus Systems, Inc. Entranco The Seattle Times Levi Strauss & Co. Nike, Inc. E 13 0 0 WJA • !, a it-, 13 & g COUNCIL DATE: APRIL 17, 2001 To: MAYOR DOYLE AND CITY COUNCIL FROM: BRAD.COLLINS, COMMUNITY DEVELOPMENT DIRECTOR�� SUBJECT: BOARD OF ADJUSTMENT INTERVIEW QUESTIONS Summar=: The Board of Adjustment has faced difficulty in the last few years attracting candidates. However, we now have three candidates who are avail able for interview. The primary duties of the Board of Adjustment include review of any interpretation of the Zoning Ordinance made by a City official and granting a variance from normal zoning requirements if certain conditions are met. The Board of Adjustment exercises original jurisdiction in receiving, granting, or denying all variance applications, and its decisions are not subject to appeal to the City Council. The following questions provide examples of inquiries that should be made of candidates to assess their knowledge of and approach to Zoning Code issues. Recommendation: Consistently ask the same question of each candidate. It is most easily accomplished by each Councilmember asking each candidate the same question. Each candidate's answers to the sample questions can help to distinguish their individual level of planning knowledge and different approaches to deciding issues, particularly in regard to the legal context of property and civil rights. Following the interviews, the City Council should select a candidate to fulfill the current vacant position. Sample Questions: 1. What are some of the strengths and weaknesses about the zoning that has been done in Port Angeles and what new zoning requirements if any could help in the future? 2. What is the relationship between the Zoning Code and the Comprehensive Plan? 3. You are in favor of a project that violates the City's Zoning Code, what actions can you take? 4. You are in favor of a variance application that isnot detrimental to the public or injurious to any other nearby properties, can you approve the variance if there are no special circumstances about the applicant's property? 5. As a member of the Board of Adjustment, when is the best time to discuss a matter that is scheduled for a public hearing before you? 6. How would you resolve conflicts between neighboring property owners? 7. Should granting a variance set a precedent for other requests to vary from the same zoning requirements? G:\CNCLPKT\041701C.wpd 15 • • • 16 • PQRT NGELES WASHINGTON, U. S. A. L iG� if MAR 2 32001 CITY OF PORT ANGELES CITY CLERK Application for Appointment to a Board, Commission, or Committee Board, Commission, or Committee to which you are seeking appointment Board of Adjustment Board or Commission Full Name Board or Commission Full Name Board or Commission Full Name Applicant Name and General Information Richard A. Headrick First MI Last 915 Glenbrook Circle Home street address Port Angeles, WA 98362 City State Zip Code (360) 457-1232 - Home phone number Work phone number Certification and Location Information Circle one Are you currently a City employee? YeC_NoD Are you a citizen of the United States: Work Experience List most recent experience first (or elaborate on a resume if you prefer) 1. Clallam County Judge January 1979 to January 19 Employer Your Title From (M/Y) To (M/Y) 40 See attached Brief job description 2 Clallam County Employer Brief job description Judge Pro Tem 1/70 - 12/78 and 6/94 - present Your Title From (M/Y) To (M/Y) 3 Self-employed attorney October 1969 to December 1978 Employer Your Title From (M/Y) To (M/Y) General practice Brief job description Education List most recent experience first 1. University of Puget Sound - Tacoma Y--e--�) No Institution/Location Credits earned/Major area of study Graduated? 2. Lewis & Clark - Portland �Y No Institution/Location Credits earned/Major area of study Graduated? Yes No 3. Institution/Location Credits earned/Major area of study Graduated? Charitable, Social, and Civic Activities and Memberships List major activities you have participated in during the last five years 1 YMCA Organization and location Wellness Group's purpose/objective Handball, contributor and Board member Brief description of your participation 2 Volunteer*- Port Angeles Fire Dept. Organization and location Group's purpose/objective 1961 JD 1969 is -veral 100 # of members 50 # of members Fire suppression and medical emergencies (25 years 1972 - 1997) �e scription of nurpticipakqrn n n Applicant Signature Date Submit completed forms to: Office of the City Clerk, City of Port Angeles, 321 E. 5th Street, P. O. Box 1150, Port Angeles, Washington, 98362 1/199 Brief job description - Clallam County District Court Judge: Prepared budgets, rules schedules, policy and procedures. Worked with County and City government, individual departments and outside agencies. Dealt with personnel issues and spent the remaining 85% of my time in the courtroom. • 19 0 Ll 20 • PRTA LEI WAS H 1 N'G T O N, U. S. A. MAR -9 2001 CITY OF PORT ANGELES CITY CLERK Application for Appointment to a Board, Commission, or Committee Board, Commission, or Committee to which you are seeking appointment Board or Commission Full Name Board or Commission Full Name b GAF �t9Srt'1E T� Board or Commission Full Name Applicant Name and General Informatio ItT -Ij . 1G({I C First MI Last Home street address City State Zip Code • 51 - (57': '34oc> 461 -6&22 k 2`T Home phone number Work phone number Certification and Location Information Circle one Are you currently a City employee? Yes Are you a citizen of the, United States` Ye No Are you a City resident?5 No Do you own/manage a business in the City? Yes6-0b Do you hold any professional licenses, registrations or certificates in any field (list below)? ' Yes No Are you aware of any conflict of interest which might arise by your service on a City Board or Commission? If so, please explain: In compliance with the American Disabilities Act, if you will need special accommodations because of a physical limitation, please contact the City Clerk, 417-4634, so appropriate arrangements can be made. _ (OVER) iz 21 Work Experience List most recent experience first (or elaborate on a resume if you prefer) I . �6 04,4�R�C_ ��� I CZ - "Vry C� Employer Your Title From'(M/Y) To (M/Y) Apdcl—�P�OIE Brief job description 2. ftAeVCNkIIV -�t Employer Your Title From (M/Y) To (M/Y) �w~a-T 4 �&TOX4Stolz�. tw Tzfawo, �, Mmptvowce Brief job description 3. Employer Brief job description Education List most recent experience fust Institution/Location M& tm Your Title From (M/Y) To (M/Y) Credits eamed/Major area of study KE Institution/Location Credits earned/Major area of study 3. Institution/Location Credits earned/Major area of study Charitable, Social, and Civic Activities and Memberships List major activities you have participated in during the last five years 1. F— kfCaxlv1 t --CU% Organization and location Group's purpose/objective r Yes No Graduated? Yes No Graduated? Yes No Graduated? # of members Brief description of your participation 2. L b2lQ MMMC-T Organization and location Group's purpose/objective # of members 4rwAM . PKV4s1,l C,>.Mm ITM Brief dess,4ptiori ol^vour vartifit)ation Applicant Sig I ature Date Submit completed forms to: Office of the City Clerk, City, of Port Angeles, 321 E. 5th Street, P. O. Box 1150, Port Angeles, Washington, 98362 1/99 22 • I PO QRITANGEWASHINGTON. U-S.A. i� C CITY OF PORT ANGELES CITY CLERK Application for ppoi ment to a Board, Commission,-&F—Committee Board, Commission, or Committee to which you � are seeking /%appointment �� ��,�1?p� 1 AM d a vs2 9�u 11,9'47 f (dyll/1�ur AL Board or Commission Full Name Board or Commission Full Name Board or Commission Full Name Applicant Name andG neral Information IM A!- Lo First MI Last /1-sh, tjI& 44 -it, Home street address a City State Zip Code 364 45q 930t Home phone number Work phone number Certification and Location Information Circleone Are you currently a City employee? Yes9 Are you a citizen of the United States? No Are you a City resident? Yes No Do you own/manage a business in the City? Yes No Do you hold any professional licenses, registrations or certificates in any field (list below)? Yes No Are you aware of any conflict of interest which might arise by your service on a City Board or Commission? If so, please explain: In compliance with the American Disabilities Act, if you will need special accommodations because of a physical limitation, please contact the City Clerk, 417-4634, so appropriate arrangements can be made. (OVER) -tb 23 Work Experience List most recent experience fust (or elaborate on a resume if you prefer) a&a2lA& 421E. L 4gt AD-* 46-9� Employer $ Your Title From (M/Y) To (M/Y) Brief job description d Employer A -1 Your Title From (M/Y) To (M/Y) Brief job description 9 3. OR CAW,&W4&64,, &W4&64,, -3/46 /6-61 Employer Your Title From (M/Y) To (M/Y) e v Brief job description Education List most recent experience first I. No Yes Institution/Location V aVd4Marned/Major area of study Graduated? 't rel n __h i x 1 -3h / pi91 N t_-._ area of study Institution/Location Credits earned/Major area of study Charitable, Social, and Civic Activities and Memberships List major activities you have participated in during the last five years 1. Organization and location Group's purpose/objective Brief description of�jyo r, participation 1 /f 2.L11�iS`fl Organization and location Group's Brief description of your partici d es o Graduated? Yes No Graduated? # of members # of members ► i •7t• Applicant Signature Date Submit completed forms to: Office of the City Clerk, City of Port Angeles, 321 E. 5th Street, P.O. Box 1150, Port Angeles, Washington, 98362 1/99 24 �J • • • PROCLAMATION EARTH DAY April 22, 2001 WHEREAS, April 22, 2001 has been declared Earth Day by the President of the United States; and WHEREAS, Washington State, as a leader in environmental issues, declared April 22 as Earth Day; and WHEREAS, We are fortunate to live in a city so bountifully endowed with natural assets, and feel a natural, continuing responsibility for preserving our environment by keeping it clean, healthy, and beautiful; and WHEREAS, This endeavor is worthy of our support and cooperation so that we may preserve the natural beauty of our community; NOW, THEREFORE, I, LARRY DOYLE, ON BEHALF OF THE CITY COUNCIL, do hereby proclaim April 22, 2001 as EARTH DAY in the City of Port Angeles, and invite all citizens to participate in this noble effort by developing and carrying out imaginative projects which will serve to enhance, restore, or maintain the beauty of all neighborhoods in our community. Larry Doyle, Mayor April 17, 2001 25 PORTNGELES WASH I N G T O N, U.S.A. CITY COUNCIL April 17, 2001 ' Bill Angehrn Involved Citizen of Port Angeles RE: Letter of Appreciation Dear Bill: The City Council and the citizens of Port Angeles would like to recognize you for your extra effort in improving the environment and quality of life in Port Angeles. For many is years you have cleaned up the litter and debris from our city sidewalks, streets and alleys. Your dedication, motivation and pride is an excellent example of one person's effort to make our city a better place to live. The City is presenting you with a safety jacket to show our appreciation for the thousands of volunteer hours you have contributed to Port Angeles. Many thanks, and keep up the good work! Sincerely, Larry Doyle Mayor 321 EAST FIFTH STREET • P. 0. BOX 1 150 • PORT ANGELES, WA 98362-0217 26 PHONE: 360-417-4500 0 FAX: 360-417-4509 0 TTY: 360-417-4645 E-MAIL: COUNCIL@CI.PORT-ANGELES.WA.US LE Presented to the City Council at its meeting of April 17, 2001, by Richard Sieg, Past President Bayloop Neighborhood Association The City of Port Angeles is planning to annex the area between the east city limits and Deer Park to recapture the commercial tax base they have lost to the county. Annexation will cost you more than $10,000 per developable lot or greatly increase your current rental rate when the property you live on is forced to hook up to city sewer, city water and upgrade roads, fire and police service. I am a property owner or renter living in the area proposed for annexation east of Port Angeles and I am opposed to the annexation. ---- - RENT OWN rJAMI: (Print SMATURE ADDRESS DATE �., 1�IC 10M fA U -,7,,V. 4/�e5 ''D moi-- �! 5 Y15ca�lc �/ f / lel{ ( %Y2— Zt-E.i-,.�" j' I .��,K I < (( UG1 G fo.:. Ze �2!�.. � ��Eti� /V . z e c►-��� fes' • e5 CA c - c akl 919 V1 MQQ- �y t G /��f % Z f` @r r 4/0/ i . �E-rf�4e . s . s ,c °, �01 , a �d � �7/ 491 tp The City of Port Angeles is planning to annex the area between the east city limits and Deer Park to recapture the commercial tax base they have lost to the county. Annexation will cost you more than $10,000 per developable lot or greatly increase your current rental rate when the property you live on is forced to hook up to city sewer, city water and upgrade roads, fire and police service. I am a property owner or renter living in the area proposed for annexation east of Port Angeles and I am opposed to the annexation. Name (Print) Signature Addres R 'q ii lag 5a6 - .ems WV yA ABG /'/�iSs.0 .�sr3/ � rrX/z-zt� sr_ rosGv�i R6rlr1/%� j,;L/ — -,: 8V r A1r1Z:1i; s: - Ove 8" 'v e 2 1Po' Date L7 z— X --I L'zs'o/ Z-�-s-e/ L -Z-5-C) The City of Port Angeles is planning to annex the area between the east city limits and Deer Park to recapture the commercial tax base they have lost to the county. Annexation will cost you more than $10,000 per developable lot or greatly increase your current rental rate when the property you live on is forced to hook up to city sewer, city water and upgrade roads, fire and police service. I am a property owner or renter living in the area proposed for annexation east of Port Angeles and I am opposed to the annexation. rr Name (Print) Signature �Pctt�� ,�ctfr.�ttu Rt ��c'- Ati) j��,;0 N.0 J � UGI t✓l'C fi✓ Dey-YIf�iz� Pe e C`LIl /)1 121 totj e ye /il.S /Z- rr ► / E;v s Address Date 4 01 �, ` ►.a:• 9 3 0 ,two ss o k _ 26oy E. :!ry of I I5— - rd,. az2-,q uj• Phi. 2 -7-5'- q ` Gtt> n t P A-2-Z-ni The City of Port Angeles is planning to annex the area between the east city limits and Deer Park to recapture the commercial tax base they have lost to the county. Annexation will cost you more than $10,000 per developable lot or greatly increase your current rental rate when the property you live on is forced to hook up to city sewer, city water and upgrade roads, fire and police service. I am a property owner or renter living in the area proposed for annexation east of Port Angeles and I am opposed to the annexation. Name (Print) S'gl Wco Slo A) r rd4v LSCo�sk )16 11t,L',#+WL. to°NAa42ii It M `1tAreA V are Address 4111 z4o& V The City of Port Angeles is planning to annex the area between the east city limits and Deer Park to recapture the commercial tax base they have lost to the county. Annexation will cost you more than $10,000 per developable lot or greatly increase your current rental rate when the property you live on is forced to hook up to city sewer, city water and upgrade roads, fire and police service. I am a property owner or renter living in the area proposed for annexation east of Port Angeles and I am opposed to the annexation. Name (Print) i7- _I�,-�r i9�1i� 1 r6zf.g tL� dry Address Date Z C/ 22 a`Z Y to t —J 9 ,d,,Z A`i' Ijq o Leff d t�.'( .SL) y? Zee i't,4ZAe 14 A 41 �-;2y-v/ �4��� L'L/➢/F'�K1 .0 `, c*� �� S %� � �y Pte.. /c �� P 4�5 7 - � �Si: The City of Port Angeles is planning to annex the area between the east city limits and Deer Park to recapture the commercial tax base they have lost to the county. Annexation will cost you more than $10,000 per developable lot or greatly increase your current rental rate when the property you live on is forced to hook up to city sewer, city water and upgrade roads, fire and police service. I am a property owner or renter living in the area proposed for annexation east of Port Angeles and I am opposed to the annexation. NamS.9rint) Hu - .7')L ,� rr. c�► t y � ���a4 31 g5 t . (� C'trx 2"040o/ L .2 /—"4L4 s i, AIt- - .7-- 2- 42411 - �P d�I.:Y of GrRAZ.n I� The City of Port Angeles is planning to annex the area between the east city limits and Deer Park to recapture the commercial tax base they have lost to the county. Annexation will cost you more than $10,000 per developable lot or greatly increase your current rental rate when the property you live on is forced to hook up to city sewer, city water and upgrade roads, fire and police service. I am a property owner or renter living in the area proposed for annexation east of Port Angeles and I am opposed to the annexation. Name (Print) 144 41 aob -,bzl C.WA VF,e ture Address oy f t- /47C�ya �- 3 �v ccL.;4 C wclao Rrd 4VR J SC; kNcr` 4-ki P. AUbEL<n,.1 The City of Port Angeles is planning to annex the area between the east city limits and Deer Park to recapture the commercial tax base they have lost to the county. Annexation will cost you more than $10,000 per developable lot or greatly increase your current rental rate when the property you live on is forced to hook up to city sewer, city water and upgrade roads, fire and police service. f / "16- 0 C1 T Of " %HC` Name (Print) Signature S�'^1�r.1i Fuck er� l r h rV E LY N `! ►�e Dm's K Address Date P 033 w 15 s b, V'Ikf o 6f -Jv-soa i 183��rv�xo6 i2-ILLR14t; w ZAAIV—i6 -17 Ur z;,. ., NORM MIM, ■■■ CITY COUNCIL MEETING Port Angeles, Washington April 3, 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 (arrived at 6:35 p.m.), McKeown, and Williams. Members Absent: Councilman Wiggins. Staff Present: Attorney / Acting Manager Knutson, Clerk Upton, B. Collins, M. Connelly, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, A. Broussard, E. Kovach, K. Miller, S. Coyle, L. Haehnlen, S. Martin, L. Washke, D. Dickson, G. Roggenbuck, J. Hordyk, J. Lowell, D. Barnes, R. Dyker, and T. Smith. Public Present: P. Schaefer, L. Sunny, and L. Lee. PLEDGE OF The Pledge of Allegiance to the Flag was led by Sam Martin. ALLEGIANCE: CEREMONIAL 1. Police Department Promotions MATTERS & PROCLAMATIONS: Police Chief Riepe introduced Officers Steven Coyle and Kevin Miller, both of whom were recently promoted by the Police Department. Mayor Doyle administered the Oath Police Department of Office to Sergeant Coyle and Corporal Miller, after which their wives affixed the Promotions official pin to the husband's uniform as tradition dictates. Both officers introduced their family members to the audience. International Building 2. Proclamation for International Building Safety Week Safety Week Mayor Doyle read a proclamation declaring the week of April 8 - 14, 2001, as International Building Safety Week. The proclamation was accepted by Building Official Haehnlen. Board and Commission 3. Board and Commission Recognition Recognition On behalf of the City Council, Mayor Doyle lauded the contributions of the many members of various City Boards and Commissions. He reviewed the various established Boards and Commissions, naming the members of each. Certain members who had fulfilled their terms of office received framed certificates of appreciation, as follows: Julie Bondy, Gina Lowman, Carole Boardman, Clint Hulse, Lynda Minor, Clay Oakes, John McCullough, David Morris, Bill Minor, Pat McDonagh, Robert King, Dean Reed, Dick Goodman and Charles Hudson. Mayor Doyle thanked the volunteers for their commitment to the City and for being such a great asset to the community. -1-27 CITY COUNCIL MEETING April 3, 2001 Break WORK SESSION: Mayor Doyle recessed the meeting to a reception in honor of the Board and Commission members at 6:35 p.m. The meeting reconvened at 7:00 p.m. None. LATE ITEMS TO BE Mayor Doyle remin�ed those present about the gift of organ donation, and the PLACED ON THIS OR difference it makes in another's life. He cited the situation of the young man killed FUTURE AGENDAS: during the Mardi Gras riots in Seattle who was an organ donor. The Mayor felt it timely to remind those intending to be donors to have their affairs in order. OTHER CONSIDERATIONS: Hotel/Motel Tax Funding for Valley Creek Estuary Project - Soroptimist International Hotel/Motel Tax Funding Mayor Doyle summarized the memorandum submitted by Economic Development for Valley Creek Estuary - Director Smith on the matter of a Lodging Tax funding allocation to the Soroptimist Soroptimist International International of Port Angeles Foundation for the Valley Creek Estuary Project. Mr. Smith explained how this funding had been recommended by the Lodging Tax Advisory Committee in the interest of seeing the Estuary Project completed as quickly as possible. Mr. Smith noted that several Soroptimist members were present in the audience, and he invited them to address the Council on the status of the project. FINANCE: Ms. Linda deBord provided the Council with a progress report on the Valley Creek Estuary Project, noting that many volunteers have been planting, more bricks will soon be placed, and the bridge project will be continued once the permit has been issued. After further brief discussion, Councilmember McKeown moved to authorize the Mayor to sign the contract with Soroptimist International of Port Angeles Foundation for the Valley Creek Estuary Project. The motion was seconded by Councilman Hulett and carried unanimously. Southwood Underground Rebuild Bid Award Southwood Underground Mayor Doyle summarized the memorandum submitted by Public Works & Utilities Rebuild Bid Award Director Cutler in regard to the Southwood Underground Rebuild contract. Director Cutler stated this is a continuation of the rebuild for those properties that are landlocked. Councilman Campbell moved to authorize the Mayor to sign the $75,428.98 contract with Potelco, Inc., of Sumner, Washington, for the construction of the Southwood Underground Rebuild. The motion was seconded by Councilman Williams and carried unanimously. Bid Award for Parks 2. Bid Award for Parks Mowers Mowers Mayor Doyle summarized the memorandum submitted by Public Works & Utilities regarding the purchase of mowers. Director Cutler noted this was normal replacement of equipment, the cost of which had been included in the 2001 budget. Councilman Williams moved to authorize the Mayor to sign a contract with Jennings Equipment, Inc., Puyallup, Washington, in the sum of $25,292.84 to purchase: 1) a Kubota Mower and 2) a Grasshopper Mower Model 721D. Councilmember McKeown seconded the motion, which carried unanimously. Rejection of Bids for 3. Rejection of Bids for Replacement of Patch Truck Replacement Patch Truck Mayor Doyle summarized the memorandum from Public Works & Utilities recommending the rejection of bids for the patch truck replacement. Director Cutler indicated there were many flaws in the equipment bid that would not enable the work crew to perform efficiently. Staff will further study the procurement strategy. Councilmember McKeown moved to reject the bids for an asphalt patch truck for • CITY COUNCIL MEETING April 3, 2001 Rejection of Bids for not meeting the sortA ications in specific areas that are critical to the operation of Replacement Patch Truck the equipment. The motion was seconded by Councilman Campbell and carried ( Cont' d) unanimously. CONSENT AGENDA: Councilmember McKeown moved to accept the Consent Agenda, to include the City Council minutes of the March 20, 2001, regular meeting. The motion was seconded by Councilman Campbell and carried unanimously. CITY COUNCIL Councilmembers Hulett and Erickson did not have reports. COMMITTEE REPORTS: Councilmember McKeown reported that, at the Gateway Committee meeting, there was discussion of a possible location and means of operation for a downtown parking garage. Convention Center plans were also discussed. Councilmember Campbell advised the Council that the Department of Ecology plans to conduct a public meeting on April 17, 2001, at the Library for the purpose of addressing the Rayonier site clean-up. There will be presentations and issues related specifically to clean-up efforts. Councilman Williams was unable to attend the railroad grade walking tour from Crown Z to Dry Creek; however, he asked Parks Director Connelly for an update in that he attended in Councilman Williams' place. Director Connelly noted the group that conducted the walk considered possible options available for crossing Dry Creek. Mayor Doyle received a letter of recognition and certificate from the U.S. Census Bureau for the City's contribution to the Census 2000. Mayor Doyle presented the certificate to Director Collins for his department's involvement. On March 21, 2001, Mayor Doyle and other Councilmembers attended the OPS lunch that was hosted by Public Works & Utilities. Mayor Doyle hosted thirty-one Japanese students from Tokyo at which time he declared the week, Japanese Appreciation Week. The Port Angeles Fine Arts Center hosted the Clallam County Commissioners and the City Council to explain projects that were underway. Fifty-one third graders from Franklin Elementary School met with the Mayor and took a tour of City Hall as part of a class on citizenship. ORDINANCES NOT 1. Cemetery Ordinance Revision REQUIRING PUBLIC HEARINGS: Mayor Doyle reviewed the information provided by Parks & Recreation Director Connelly concerning the proposed changes relative to burial markers and the number Ocean View Cemetery - of remains permitted in a burial plot. Director Connelly advised the Council that the Ordinance No. 3077 changes being implemented were generated from a customer service perspective. In the Cemetery's history, there had been a trend toward the use of only markers that were flush with the ground in an effort to reduce maintenance. There has not been a substantial decrease in maintenance because of the flush markers and, by allowing upright and flush markers, the customer has alternative choices. The second recommended change establishes that up to two sets of cremated remains would be allowed per grave site together with a regular burial. In the past, only one set of remains in a burial site was the common practice. Mayor Doyle indicated this was the first the Council had been informed of any needed changes. He recalled that, during the budget meetings, discussion had been held on the need for a status report on the Cemetery operation. It was his understanding that the Cemetery was being subsidized to some extent by the General Fund. The Mayor felt it would be timely for the Council to receive a status report on the finances of the Cemetery, as well as its history. ' 29 CITY COUNCIL MEETING April 3, 2001 ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Ocean View Cemetery - Ordinance No. 3077 Salary Increase for IBEW Local #997 - Ordinance No. 3078 RESOLUTIONS OTHER CONSIDERATIONS: Appointment to Law Enforcement Advisory Board Appointment to Parks, Recreation & Beautification Commission In the ensuing discussion, consideration was given to the possibility of increasing the number of cremated remains allowed in one burial site, particularly since the cost to the City would be the same. The Council agreed by consensus that up to four cremated remains should be allowed in a single grave, after which the Mayor read the amended Ordinance by title, entitled, 0 ORDINANCE NO. 3077 AN ORDINANCE of the City of Port Angeles, Washington, revising the City's Cemetery Ordinance regarding the number of remains and cremated remains allowed in a single grave and the requirements for headstone markers and amending Ordinance 1864 as amended and Chapter 2.48 of the Port Angeles Municipal Code. Councilman Campbell moved to adopt the Ordinance as amended and as read by title. The motion was seconded by Councilmember Erickson, which carried unanimously. Mayor Doyle reiterated the request for a report on the Cemetery operations, and Acting Manager Knutson indicated that Parks Director Connelly has already started working on such a report. 2. Salary Increase for IBEW Local #997 Mayor Doyle summarized the memorandum from the Human Resources Department with regard to a salary increase of 3.96% for employees represented by IBEW, effective April 1, 2001. Acting Manager Knutson advised the Council that this increase was established by the labor contract with IBEW. After brief discussion, Mayor Doyle read the Ordinance by title, entitled: ORDINANCE NO. 3078 AN ORDINANCE of the City of Port Angeles, Washington establishing a pay plan for the employees represented by IBEW #997 for the period of April 1, 2001 through March 31, 2002, and providing for the payment thereof. Councilmember McKeown moved to adopt the Ordinance as read by title. Councilman Campbell seconded the motion, which carried unanimously. None. Appointment to Law Enforcement Advisory Board Mayor Doyle summarized the memorandum from Clerk Upton on the recommendation to appoint Mr. C. Joseph Girard to the Law Enforcement Advisory Board. Councilmember McKeown moved to appoint Mr. C. Joseph Girard to the membership of the Law Enforcement Advisory Board for the term ending February 28, 2005. The motion was seconded by Councilman Williams, which carried unanimously. 2. Appointment to Parks, Recreation & Beautification Commission Mayor Doyle reviewed the information submitted by the Parks & Recreation Department recommending the appointment of Ms. Damaris Rodriguez to the Parks, Recreation & Beautification Commission. Councilmember Erickson moved to appoint Damaris Rodriquez to the Parks, Recreation & Beautification Commission for the unexpired term of Bill Minor which ends February 28, 2002. The motion was seconded by Councilman Campbell and carried unanimously. 30-4- • • r� • CITY COUNCIL MEETING April 3, 2001 OTHER 3. Carnegie Library value Engineering Contract CONSIDERATIONS: (Cont'd) Mayor Doyle summarized information provided by Public Works & Utilities Director Cutler on the matter of the proposed contract with Swenson Say Faget, Inc., for value Carnegie Library Value engineering for the Carnegie Library. Although the contract amount did not require Engineering Contract Council approval, Director Cutler had previously indicated he would report back to the Council on the final contract amount. Councilman Campbell moved to authorize the Mayor to sign an agreement for professional services with Swenson Say Faget, Inc., in the not to exceed amount of $11,000 to provide structural value engineering services for the Carnegie Library Building. The motion was seconded by Councilman Hulett and carried unanimously. Marine Life Center 4. Marine Life Center Contract with Peninsula College Contract with Peninsula College Mayor Doyle reviewed the memorandum provided by Parks & Recreation Director Connelly concerning the contract for the Marine Life Center with Peninsula College. Director Connelly indicated this contract was merely a form of renewal of this past year's agreement. Councilmember McKeown inquired as to the nature of items to be sold in the gift shop, and Director Connelly provided assurances that he would monitor every facet of the contract in order to maintain the desired image for the Center. Councilmember McKeown moved to authorize the Parks & Recreation Director to sign the agreement with the Peninsula College for the year 2001 operation of the Marine Life Center. Councilmember Erickson seconded the motion, which carried unanimously. PUBLIC HEARINGS - None. QUASI-JUDICIAL: PUBLIC HEARINGS - None. OTHER: INFORMATION: City Manager's Report: Acting Manager Knutson briefly reviewed the calendar of meetings included in the packet, as well as the update of projects. Brief discussion was held on the matter of jail costs, and Acting Manager Knutson indicated Police Chief Riepe has been meeting with the Sheriff on the matter. A report will be forthcoming. Mayor Doyle suggested that the City give consideration to a partial electric rate increase as a means of avoiding one large increase in October. The suggestion was further endorsed by Councilman Williams. Director Cutler suggested the matter initially be taken to the Utility Advisory Committee for review, which was acceptable to the Council. Break Mayor Doyle recessed the meeting for a break at 8:05 p.m. The meeting reconvened at 8:13 p.m. EXECUTIVE SESSION: The meeting adjourned to Executive Session at 8:13 p.m. to discuss potential litigation for less than 15 minutes. RETURN TO OPEN The meeting returned to Open Session at 8:50 p.m. SESSION: ADJOURNMENT: The meeting was adjourned at 8:50 p.m. Larry Doyle, Mayor -5- Becky J. Upton, City Clerk 31 �i • 32 01/04/09-09:46 City of Port Angeles - LIVE MACHINE April 09 2001 Page 1 CHECK REGISTER Date From 03/10/2001 To 04/06/2001 Fnd Dpt Check Vendor Vendor Description GL Code Amount Number Name Number Number 001 62637 DARE America 04036 License plate frames,balloons 1 2370000 36.69- 62699 RWE Distributing (Dogipot Inc) 04252 Litter bags 1 2370000 12.79- 62762 Holman, Gerald 08483 Refund cemetery niche 1 2373000 11.85 62763 ICBG (Int'L Conference of 09001 Posters,pencils 1 2370000 1.85- 62764 Insight Direct Inc. 09085 Toner,drum kit for HP8500 1 2370000 60.44- ExternaL print server 1 2370000 28.54 - Six 'Smartups' Powerchutes 1 2370000 439.93- Batteries,Powerchute 1 2370000 51.34 - Back mounts 1 2370000 36.08- Exabyte backup tapes 1 2370000 43.00- 62789 R.S. Means Company Inc 18406 'How to Estimate With Means' 1 2370000 5.36- 62818 WA State Patrol - WASIS 23281 Criminal history -Carroll 1 2295000 24.00 Criminal history-Cordery 1 2295000 24.00 Criminal history -Hauser 1 2295000 24.00 Criminal history -Hanson 1 2295000 24.00 62891 QUILL Corporation 17000 Cross cut shredder 1 2370000 13.56 - Desktop Transcriber 1 2370000 17.17- Wastebaskets,transcriber 1 2370000 22.71 - Tape cassettes,post its 1 2370000 6.30 - Office supplies 1 2370000 10.58- 62917 WA State Patrol - WASIS 23281 Criminal history-Hvass 1 2295000 24.00 62956 Empire Services 05207 Disinfectant cleaner 1 2370000 71.94- 62986 Moore Medical Corporation 13063 Respirator,gloves hand cleaner 1 2370000 18.18 - Gloves 1 2370000 16.98- 62990 New World Systems 14184 Software maintenance agreement 1 2370000 2,039.34- 63014 Skagit Gardens Inc 19077 Hanging basket flowes-2% Disc 1 2370000 4.11- 63024 WA State Patrol - WASIS 23281 Criminal history-Pigors 1 2295000 24.00 63028 Washington (DOL), State of 04137 Concealed pistol licenses -Mar 1 2296000 587.00 Total for Department 2,194.04- 0001 62614 AVAYA INC 12215 03-02 Billing 111 4210 31.26 03-02 Billing 113 4210 31.26 03-02 Billing 124 4210 15.63 62654 Hurricane Ridge Winter Sports 08084 Transportation costs 2/3-2/24 114 4972 1,005.05 62678 Olympic Stationers Inc. 15030 Paper,3 hole paper,stapler 111 3101 54.85 Paper,envelopes 113 3101 31.20 Folders 124 3101 155.56 File folders 111 3101 5.94 62680 Pacific Office Equipment Inc. 16004 Maint agre pe 10-15-01-NUP0860 111 4810 32.46 Typewriter ribbon 113 3101 26.29 62684 Paymentech 16421 Travel expense 111 4310 137.88 Travel expense 113 4310 1,201.92 62685 Peninsula Daily News 16012 Entry Level Police -job ad 113 4410 107.06 Lateral Entry Police -job ads 113 4410 137.96 Abernathy OPS Award-Funston 111 4155 176.25 62721 Washington (DIS), State of 23111 February Scan charges 111 4210 229.71 February Scan charges 113 4210 6.56 February Scan charges 124 4210 2.63 62728 March of Dimes 13610 Donate Service Award -N Wells 125 3101 100.00 62729 Weisfield Jewelers 23365 Svc Award Gifts-Sekac,Johnson, 125 3101 298. 01/04/09-09:46 City of Port Angeles - LIVE MACHINE April 09 2001 Page 2 CHECK REGISTER Date From 03/10/2001 To 04/06/2001 . Fnd Dpt Check Vendor Vendor Description GL Code Amount Number Name Number Number 62733 Advanced Travel 01090 Quinn to Olympia 02-14 111 4310 69.09 Wiggins to Olympia 02-14 112 4310 343.81 Doyle to Olympia 02-14 112 3101 82.88 Williams to Olympia 02-13 112 4310 78.00 62734 Albertson's Inc. 01204 Coffee,soda-Council meeting 112 3101 10.31 62754 Flex-Plan Services Inc. 06158 Monthly processing-February 111 4155 119.70 62785 Peninsula Radiologists P.S. 16014 X-rays Flores #8020034965 113 4131 48.00 62788 Qwest 21001 03-14 Billing 111 4210 93.79 03-14 Billing 113 4210 93.79 03-14 Billing 124 4210 46.90 62813 Virginia Mason Medical Center 22048 Medical svcs-Flores #EG0803435 113 4131 49.00 62849 Evergreen Meats 05033 OPS,Service Awards Luncheon 125 3101 439.84 62858 Hansen's Trophy 08047 Engraving and material 111 4155 12.38 62869 McGinley, Doyle 13215 Reimburse OPS Luncheon expense 125 3101 61.99 62878 Peninsula College 16011 'Performance Planning' 125 4310 1,000.00 'Motivation' Workshop 125 4310 1,000.00 62880 Peninsula Radiologists P.S. 16014 Medical svcs-DuBuc-80200128132 113 4131 24.00 62906 Stromski, Claudia D 19745 Reimburse OPS Luncheon flowers 125 3101 32.14 62914 Verizon Wireless, Bellevue 01105 03-15 Billing 111 4210 16.59 03-15 Billing 112 4210 16.59 62916 WA City/County Mgt. Assoc. 23245 Membership Dues-Quinn 111 4901 62927 AT&T Business Service 01085 03-13 Billing 111 4210 62951 Creative Delights Catering 03347 Boards,Comnissions refreshmnts 112 3101 360 62963 Flex-Plan Services Inc. 06158 Monthly Processing-March 2001 111 4150 126.00 62999 Peninsula Intl Relations Assn 16460 Contract pmt-1st Qtr 2001 114 4972 500.00 63002 Port Angeles City Treasurer 03062 Certificate frames 112 3101 80.80 63013 Seattle Times/PI Distributor 19161 Daily PI pe 06-30 #020025 111 4910 31.20 63016 Star Video 19154 'Caught in the Act' coupons 111 4155 608.06 Total for Administration 9,271.13 0002 62613 AT&T Wireless Services 01404 03-03 Billing 240 4210 108.46 62614 AVAYA INC 12215 03-02 Billing 201 4210 31.26 03-02 Billing 230 4210 39.07 03-02 Billing 240 4210 93.77 62675 Olympic Paper Company 15111 Paper 240 3101 201.90 62678 Olympic Stationers Inc. 15030 Paper 201 3101 47.72 Paper,coverstock 230 3101 37.87 Paper,coverstock 240 3101 37.87 Paper,coverstock 201 3101 37.87 Paper,coverstock 201 3101 27.27 Paper,3 hole paper,stapler 201 3101 47.72 Paper,3 hole paper,stapler 205 3101 283.86 Paper,3 hole paper,stapler 240 3101 15.14 Paper,scissors,stamp pads 230 3101 37.87 Paper,scissors,stamp pads 205 3101 113.61 Paper,scissors,stamp pads 240 3101 Paper,scissors,stamp pads 240 3101 Paper,scissors,stamp pads 201 3101 3.53 Color copy covers,discs 201 3101 13.63 Color copy covers,discs 230 3101 4.64 34 01/04/09-09:46 0 Fnd Dpt Check Vendor Number Name 62692 Postmaster City of Port Angeles VE MACHINE CHECK REGISTER Date From 03/10/2001 To 04/06/2001 Vendor Number 16028 62703 Ricoh Business Systems 18398 62711 Swain's General Store Inc. 19037 62715 United Parcel Service 21005 62719 WFOA (WA Finance Officers Assn 23006 62721 Washington (DIS), State of 23111 62733 Advanced Travel 01090 62764 Insight Direct Inc. 09085 U 62809 United Rentals Inc 16034 62874 National Seminars Group 14138 62881 Pitney Bowes Credit Corp 16127 62882 Pitney Bowes Inc. 16018 62887 Postmaster 16028 62894 Ricoh Business Systems 18398 62923 Xerox Corporation 24001 62932 Apex Credit Bureau 01433 63002 Port Angeles City Treasurer 03062 63009 Ricoh Business Systems 18398 Description GL Code Number Color copy covers,discs 62772 Microflex Inc. 13203 201 62774 NWPPA 14013 4210 62783 Pen Print Inc. 16009 Copies pe 02-27 62788 Qwest 21001 240 3111 Key,keyblanks 240 U 62809 United Rentals Inc 16034 62874 National Seminars Group 14138 62881 Pitney Bowes Credit Corp 16127 62882 Pitney Bowes Inc. 16018 62887 Postmaster 16028 62894 Ricoh Business Systems 18398 62923 Xerox Corporation 24001 62932 Apex Credit Bureau 01433 63002 Port Angeles City Treasurer 03062 63009 Ricoh Business Systems 18398 Description GL Code Number Color copy covers,discs 240 3101 Paper 201 3101 Reimburse Postage Due 205 4210 Permit #67 Mailing 205 4210 Copies pe 02-27 205 4530 Boots,jacket,gloves,pants 240 3111 Key,keyblanks 240 3101 February shipping charges 230 4210 Kheriaty,Papandrew,Ziomkowski 201 4310 Asquith 230 4310 February Scan charges 201 4210 February Scan charges 230 4210 February Scan charges 240 4210 Hagar to Seattle 02-26 201 4310 Toner,drum kit for HP8500 205 3101 Toner,drum kit for HP8500 201 3101 Exabyte backup tapes 201 3101 Tax Audit Program pe 02-28 230 4150 Two In -House Trainings 'ESM' 240 4310 Envelopes 240 3101 03-14 Billing 201 4210 03-14 Billing 230 4210 03-14 Billing 240 4210 Prior year's unnapplied credit 205 4530 'Payroll Management' -Bryant 230 4310 Mailing machine -1st Qtr 2001 205 4530 Software update -mailing scale 205 4810 Service call -Mailing machine 205 4810 Reimburse Postage Due 205 4210 Supplies 205 4530 DC230SLX Lease -February 205 4530 5800 Duplicator Lease -February 205 4530 DC214S Lease -February 205 4530 Credit Report 240 4150 Staff mtg cookies 240 3101 Copier Rental 205 4530 April 09 2001 Page 3 Amount 9.29 19.09 100.00 5,000.00 27.96 215.00 4.33 20.24 600.00 200.00 16.62 14.77 17.41 94.60 79.74 79.74 567.40 407.29 440.00 1,511.55 93.79 117.24 281.37 102.19- 179.00 1,173.66 222.64 196.92 100.00 11.14 996.31 2,492.35 147.04 27.05 5.39 584.23 Total for Finance 17,141.55 0003 62614 AVAYA INC 12215 03-02 Billing 311 4210 54.70 62662 Lexis Law Publishing 12311 WA Stats/Decs CD Law 2001 311 3101 459.85 WA Stats/Decs CD Law 2001 312 3101 459.85 62678 Olympic Stationers Inc. 15030 Monitor stand 311 3101 42.88- Binders,columnar pad,paper 311 3101 86.16 Ink cartridges,message pads 312 3101 66.78 Paper,coverstock 312 3101 37.87 Paper,scissors,stamp pads 312 3101 37.87 Hanging file frame,folder,labe 312 3101 14.04 62688 Port Angeles City Treasurer 03062 Copies 312 3101 5.30 62721 Washington (DIS), State of 23111 February Scan charges 311 4210 10.22 62733 Advanced Travel 01090 Lusby to Seattle 02-26 311 4310 S5 01/04/09-09:46 City of Port Angeles - LIVE MACHINE April 09 2001 Page 4 Fnd Dpt Check Vendor Number Name CHECK REGISTER Date From 03/10/2001 To 04/06/2001 Vendor Description Number 0 GL Code Amount Number DeFrang to Seattle 02-26 311 4310 116.45 Kathol to Kent 02-27 312 4310 171.26 62742 Beck, Edie 02455 Court reporter 03-09 311 4150 35.00 62788 Qwest 21001 03-14 Billing 311 4210 164.13 62819 West Group 23018 McQuiLLin Municipal Corp V3 311 3101 185.02 62822 Wicklander-Zulawski & Assoc. 23091 'Field Interviewing'-Kathol 312 4310 129.00 62855 Gish Atty at Law, Steven C. 07245 Prof svcs pe 01-25-01 312 4150 352.00 62877 Ortloff Atty. at Law, Kimberly 15146 Legal svcs-February 2001 312 4150 650.10 62923 Xerox Corporation 24001 DC220SLX Lease -February 311 4530 558.50 62945 CLaLLam Co District Court 1 03069 March Court Costs 312 5090 5,005.98 62948 CIaLLam Jefferson Public Dfndr 03274 Public Defender fees -April 312 4150 2,500.00 63026 WSAMA-WA Assn of MuncpL Attnys 23052 Spring 2001 Conf-Dickson 312 4310 110.00 Total for Attorney 11,283.65 0004 62613 AT&T Wireless Services 01404 03-03 Billing a/c 44324994 420 4210 25.36 62614 AVAYA INC 12215 03-02 Billing 411 4210 31.26 62618 American Planning Assn 01063 Planning Law Conference -Barnes 411 4310 90.00 62636 Cornell Auto Parts 03092 GLoves,aircraft remover 420 3101 11.86 62676 Olympic Printers Inc. 15027 Business cards 420 3101 93.21 Letterheads 420 3101 141 63 62680 Pacific Office Equipment Inc. 16004 Motorola cell phone case 420 4210 62685 Peninsula Daily News 16012 Hearing-Undergrnd power Lines 411 4410 Hearing -Increase Tower Height 411 4410 40.18 Hearing -Sawmills 411 4410 50.02 'Overwater Deck' -PA Yacht Club 411 4410 61.50 Hearing -Rearrange floats 411 4410 63.14 Ord 3074 -Rezone 411 4410 29.52 Notice -Rezone RS -7 to RHD 411 4410 18.04 Hearing-'Morningview Develop' 411 4410 34.44 Hearing -Increase Tower Height 411 4410 40.18 Ord#3057-Vacate 'H' St 411 4410 35.50 62696 Queen of Angels 17018 CUP 411 32210011 300.00 SEPA 411 34319000 150.00 62721 Washington (DIS), State of 23111 February Scan charges 411 4210 21.13 62763 ICBO (Inti Conference of 09001 Posters,pencils 420 3101 24.35 62764 Insight Direct Inc. 09085 Toner,drum kit for HP8500 411 3101 79.74 62783 Pen Print Inc. 16009 Color copy paper 411 3101 21.64 62788 Qwest 21001 03-14 Billing 411 4210 93.79 62826 American Planning Assn 01063 Member dues 034996 pe 12-31-01 411 4901 330.00 62860 Heckman, Craig 08484 Refund Parking Variance fees 411 32210012 225.00 62884 Port Angeles City Treasurer 03062 Home BLdrs Assn meeting 420 4310 18.00 62914 Verizon Wireless, Bellevue 01105 03-15 Billing 420 4210 10.01 62915 Viking Office Products 22054 Wall hangers 411 3101 8.77 Total for Planning 2,130.54 0 0005 62614 AVAYA INC 12215 03-02 Billing 511 4210 03-02 Billing 534 4210 39.07 03-02 Billing 530 4210 7.81 3 6 62629 Brodsky's Uniforms 02219 Name tag 530 2080 11.87 01/04/09-09:46 Fnd Dpt Check Vendor Number Name • City of Port Angeles VE MACHINE CHECK REGISTER Date From 03/10/2001 To 04/06/2001 Vendor Description GL Code Number Number 62631 Camera Corner 03044 62638 Database Technologies Inc 04283 62648 Federation of Animal Care and 06188 62650 Clallam Co Hospital District 1 06254 62666 McCrorie Interiors 13038 62667 Metrocall 20000 62669 Middleton Auto and Truck Inc. 13117 62678 Olympic Stationers Inc. 15030 62680 Pacific Office Equipment Inc. 16004 62711 Swain's General Store Inc. 19037 62715 United Parcel Service 21005 62721 Washington (DIS), State of 23111 62733 Advanced Travel 01090 62764 Insight Direct Inc. 09085 62783 Pen Print Inc. 16009 62788 Qwest 21001 62795 Richmond 2 -Way Radio 18009 62797 Riski Business Photographics 18271 62836 Clallam Co Humane Society 03072 62858 Hansen's Trophy 08047 62872 Miller, Kevin 13175 62885 Port Angeles Police Department 16105 62891 Quill Corporation 17000 Photo processing 530 4990 Cap for camera 534 3101 Photos 530 4990 February service fee 530 4150 2001 Membership 530 4901 Medical svcs-O'Sullivan 512 5099 Install carpet 584 4810 02-24 Billing 530 4210 Halogen bulb 530 3101 Halogen bulb 584 3120 Paper,coverstock 511 3101 Paper,coverstock 534 3101 Ink refill 534 3101 Paper,scissors,stamp pads 534 3101 Pen refills 534 3101 Maint agre pe 3-15-01-CXL9O926 511 4810 Maint agre pe 3-15-NBZO8561 534 4810 Maint afire pe 3-15-NGM2182O 534 4810 Service shredder 534 4810 Color cartridge 534 3101 Video tapes,cleaner,propane 530 3101 Boots 530 2080 Boots 530 2080 February shipping charges 530 4210 MS Word 2000 License activity 530 3160 February Scan charges 511 4210 February Scan charges 530 4210 February Scan charges 534 4210 Gallagher to Bremerton 02-19 511 4310 Winfield to Reno 01-21 530 4310 Wood to Des Moines 02-19 530 4310 Miller to Gig Harbor 02-25 530 4310 Zenonian to Bellevue 02-23 534 4310 Kovatch to Seattle 03-04 530 4310 External print server 534 3160 Statements 534 4990 03-14 Billing 511 4210 03-14 Billing 534 4210 03-14 Billing 530 4210 Install red -blue lights 530 3180 Microphone 530 3114 On -location photo shoot 530 4150 Contract pmt -March 530 4150 Engraving material 530 4150 Reimburse clothing allowance 530 2080 Laundry svcs 530 4990 Postage 530 4210 Supplies 530 3101 Shredder bags,cups 534 3101 Card file,"File" stamp 511 3101 Audio -video tapes 530 3101 April 09 2001 Page 5 Amount 5.91 2.71 8.90 25.00 25.00 917.75 2,813.53 61.57 21.78 16.20 37.87 113.61 4.13 75.74 7.79 32.46 54.10 167.82 49.03 62.22 11.80 140.52 135.11 7.41 58.44 37.21 44.16 7.62 42.50 605.38 363.32 559.74 96.60 337.04 376.54 183.40 164.13 117.24 23.45 126.59 111.03 189.35 3,528.52 20.44 50.00 14.82 93.28 7.54 7.77 19.45 :97 01/04/09-09:46 City of Port Angeles - LIVE MACHINE CHECK REGISTER Date From 03/10/2001 To 04/06/2001 Fnd Dpt Check Vendor Vendor Description GL Code Number Name Number Number 62892 Qwest 21001 62913 Van Meter & Associates Inc 22075 62918 WA Assn of Sheriffs & Police 23003 62926 ASLET 01444 62936 Blumenthal Uniforms & Equipmt 02047 62947 Clallam Co Sheriff's Dept 03074 62964 Clallam Co Hospital District 1 06254 62986 Moore Medical Corporation 13063 63015 Stafford, Sandra 19106 Office supplies 534 3101 Wastebaskets,transcriber 534 3101 Photo paper,diskettes,memos 530 3101 Diskettes 534 3101 03-20 Billing 534 4210 'Due Process' tuition-Zappey 530 4310 Annual Membership Dues-Riepe 511 4901 2001 Member Dues -Swayze 530 4901 Parking ticket holder -Roggen 530 2080 Commendation bars 530 3111 Badge 530 3111 Badge 530 3111 Badge,badge case 530 3111 Shirt,emblems-Kuch 530 2080 Knife -Miller 530 2080 Inmate care -January 2001 512 5099 Medical svcs-McGee 512 5099 Laboratory -McGee VAA53930 512 5099 Respirator,gloves hand cleaner 530 3101 Reimburse uniform allowance 530 2080 April 09 2001 Page 6 Total for Police 0006 62613 AT&T Wireless Services 01404 03-03 Billing a/c 46898102 611 4210 Cell phone 360 808 1422 642 4210 03-03 Billing a/c 45598455 642 4210 03-03 Billing a/c 47190061 645 4210 62614 AVAYA INC 12215 03-02 Billing 611 4210 03-02 Billing 642 4210 03-02 Billing 643 4210 03-02 Billing 641 4210 62615 Ace Equipment Company 01055 Sharpening services 641 3101 62631 Camera Corner 03044 Photos 642 3101 Processing,battery 642 3101 Photo processing 641 3101 Photos 642 3101 62667 Metrocall 20000 02-24 Billing 644 4210 62669 Middleton Auto and Truck Inc. 13117 Air hose 641 3101 Car wash 641 3101 62678 Olympic Stationers Inc. 15030 Envelopes,white-out 642 3101 Labels 642 3101 Paid out slips 611 3101 62680 Pacific Office Equipment Inc. 16004 Toner,core deposit 643 3101 62684 Paymentech 16421 Supplies 684 3120 Supplies 641 3101 62688 Port Angeles City Treasurer 03062 Dinner 642 3101 62706 SeaWestern Inc. 19104 O-rings,valve washers 641 3501 62709 Sunset Do -It Best Hardware 19035 Stud sensor,hardware 684 4810 Helium 641 3101 62711 Swain's General Store Inc. 19037 Stretch cord,eye bolt 641 3112 Shovel 684 3120 0 Amount t. 01/04/09-09:46 City of Port Angeles ;SIVE MACHINE April 09 2001 Page 7 CHECK REGISTER Date From 03/10/2001 To 04/06/2001 Fnd Dpt Check Vendor Vendor Description GL Code Amount Number Name Number Number Screwdrivers,hooks,hex key 641 3501 41.65 62715 United Parcel Service 21005 February shipping charges 641 4210 7.77 February shipping charges 611 4210 7.77 62721 Washington (DIS), State of 23111 February Scan charges 611 4210 35.26 February Scan charges 641 4210 .51 February Scan charges 642 4210 .10 February Scan charges 643 4210 3.24 62731 AT&T Wireless Services 01404 03-03 Billing a/c 43736255 644 4210 10.01 62733 Advanced Travel 01090 McKeen to ISO Work Group 02-09 641 4310 39.99 62759 Hall, John L 08382 Reimburse Conf registration 643 4310 600.00 62764 Insight Direct Inc. 09085 Toner,drum kit for HP8500 611 3101 79.74 62766 J.B.'s Upholstery 10001 Five repairs as needed 641 3111 83.86 62778 Olympic Laundry & Clnrs Inc. 15026 Cleaning services 641 3101 9.34 Cleaning services 641 3101 16.73 62779 Olympic Medical Center 15028 Medical svcs-Fire Dept 643 3101 107.12 62783 Pen Print Inc. 16009 EMS report forms 643 3101 492.31 62786 Port Angeles Fire Department 16025 Punch,washing equip,supplies 611 3101 41.08 Office supplies,bakery 611 3101 38.29 62788 Qwest 21001 03-14 Billing 611 4210 117.24 03-14 Billing 642 4210 23.45 03-14 Billing 03-14 Billing 643 641 4210 4210 23.45 70.34 62793 Reid, Terry 18007 Reimburse clothing allowance 641 2080 16.16 62799 Sears Commercial One 19109 Vacuum filters 684 3120 32.45 62804 Thomson Learning 20272 IML Eng Rope Rescue book 1645 3101 30.42 62888 ProTAC Tactical Awareness Con. 16517 'Basic CISM' class -Murray 645 4310 100.00 62923 Xerox Corporation 24001 DC220SS Lease -February 611 4530 305.39 62936 Blumenthal Uniforms & Equipmt 02047 Chief badge,badge wallet 642 2080 76.95 Collar ornaments 641 2080 35.71 Collar ornaments 642 2080 35.71 Collar ornaments 641 2080 123.30 Collar ornaments 643 2080 41.08 62946 Clallam Co EMS/ 03068 Medic 1 Advisory for April 643 4150 500.00 62978 Larry's Janitor Service 12040 Janitorial svcs-March 684 4150 395.00 62986 Moore Medical Corporation 13063 Gloves 643 3199 223.98 63023 Verizon Wireless, Bellevue 01105 03-15 Billing 643 4210 9.86 03-15 Billing 643 4210 48.52 03-15 Billing 641 4210 2.72 03-15 Billing 641 4210 10.01 63025 WSAFC 23304 Training registration-Bogues 645 4310 325.00 63031 Wheeler, Coral 23089 Reimburse tuition expenses 611 4310 452.56 Total for Fire 5,508.24 0007 62614 AVAYA INC 12215 03-02 Billing 711 4210 211.05 62631 Camera Corner 03044 Film,processing 711 3101 9.20 Photo processing 711 3101 6.55 62646 E.S.R.I. Inc. 05188 Maintenance agreements -Arc 711 4800 10,152.00 62657 Kenworthy, Gary 11013 Reimburse mileage 711 4310 38.25 62671 NWPPA 14013 Member Dues 2001 711 4901 11,150.00 Education -ESM Daily 711 4901 9 6 01/04/09-09:46 City of Port Angeles - LIVE MACHINE April 09 2001 Page 8 Fnd Dpt Check Vendor Number Name CHECK REGISTER Date From 03/10/2001 To 04/06/2001 Vendor Description GL Code Number Number 62678 Olympic Stationers Inc. 15030 62680 Pacific Office Equipment Inc. 16004 62711 Swain's General Store Inc. 19037 62721 Washington (DIS), State of 23111 62733 Advanced Travel 01090 62752 Federal Express Corp. 06022 62764 Insight Direct Inc. 09085 62784 Peninsula College 16011 62788 Qwest 21001 62789 R.S. Means Company Inc 18406 62811 Utilities Underground Loc Ctr 21010 62831 Brooks, Gary 02277 62838 Complete Line, The 03087 62845 EES Consulting Inc. 05140 62846 Economic & Engineering Svc Inc 05004 62868 Marsh Mundorf Pratt & Sullivan 13287 62891 Quill Corporation 17000 62915 Viking Office Products 22054 62923 Xerox Corporation 24001 62928 AWC Assn of Washington Cities 01080 62941 CH2M Hill Inc 03005 62979 Larson Anthropological 12059 63002 Port Angeles City Treasurer 03062 63023 Verizon Wireless, Bellevue 01105 0008 62613 AT&T Wireless Services 62614 AVAYA INC Index tabs,mailers 711 3101 Foam core 711 3101 Foam core 711 3101 Comb binding,paper 711 3101 Toner 711 3101 Camera battery 711 3101 February Scan charges 711 4210 Gloor to San Francisco 02-11 711 4310 02-23 Shipping chgs 711 4210 Toner,drum kit for HP8500 711 3101 'Front Page' tuition-Rassler 711 4310 03-14 Billing 711 4210 'How to Estimate With Means' 711 3101 February locates 711 4150 Reimburse cordless phones 711 3101 Plotter paper,ink cartridges 711 3101 Foam core 711 3101 Plastic burnisher 711 3101 2001 Scope svcs pe 02-2001 711 4901 Rate Study svcs pe 01-2001 711 4150 Rate Study svcs pe 02-2001 711 4150 WPAG 2001 pe 02-28-01 711 4901 Cross cut shredder 711 3101 Tape cassettes,post its 711 3101 Side tab index 711 3101 Heater,pens '711 3101 Report covers,index cards 711 3101 Report Covers 711 3101 Report Covers 711 3101 Binders,scissors,wall hangers 711 3101 DC420SX Lease -February 711 4530 DC214S Lease -February 711 4530 DC265 Lease -February 711 4530 Staples 711 3101 "Collection Sys Mgt'-Mahlum 711 4310 'Collection Sys Mgt' -Kenworthy 711 4310 Morse Creek IFIM Review 711 4150 East UGA Annexation 711 4150 Ediz Hook Repairs pe 03-24 711 4150 Filing fees 711 4990 03-15 Billing 711 4210 01404 03-03 Billing a/c 44889988 02-03 Billing 03-03 Billing a/c 44704773 02-03 Billing a/c 46008926 03-03 Billing a/c 46008926 12215 03-02 Billing 03-02 Billing Total for Public Works 861 4210 865 4210 865 4210 865 4210 865 4210 811 4210 866 4210 Amount 80.05 12.06 30.67 6.52 183.94 4.19 110.57 842.29 5.25 398.74 70.00 656.50 70.71 21.44 30.28 659.94 76.45 1.74 641.12 4,551.89 4,2 6 17 . 83.10 182.70- 139.01 26.52 154.17 22.02 34.43 678.61 164.65 934.75 168.79 55.00 55.00 243.37 608.42 1,312.85 14.00 9.76 39,867.01 8.64 5.15 9 8.87 23.44 7.81 01/04/09-09:46 0 Fnd Dpt 0 • City of Port Angeles ;LIVE MACHINE CHECK REGISTER Date From 03/10/2001 To 04/06/2001 Check Vendor Vendor Number Name Number 62616 Air Flo Heating Company (Inc) 01012 62623 Angeles Millwork 01073 62625 Bilsborrow, Mari 02188 Description GL Code Number 03-02 Billing 865 4210 03-02 Billing 861 4210 03-02 Billing 862 4210 03-02 Billing 863 4210 Install air conditioning unit 830 6310 Mole pesticide 865 3120 Galvanized hi-rib,sidelap tape 865 3120 Hardware 865 3120 Hardware 865 3140 Lumber,screws,hex shank 865 3140 Lumber 865 3140 Lumber,insert bit,screws 865 3140 Padlock 865 3120 Rubber straps 865 3120 Lumber,insert bit,power bit 865 3140 Lumber 865 3140 U Bolt,hex lag screw,washers 865 3120 CLevis pins,hitch clip 865 3120 Acetone 865 3120 Gloves,insert bits,screws 865 3140 CTD sink,screws 865 3140 Lumber 865 3140 Lumber 865 3140 Paintbrush,pot,wood press 865 3140 Plywood 866 3120 Wood press 865 3140 Joist hangers,lumber 865 3120 Plywood,wood press 865 3140 Joist hanger,lumber,plywood 830 6310 Weatherall screws 865 3120 Cedar shims,lumber 830 6310 Hex lag screw,lumber 865 3120 Joist hanger 830 6310 Lumber,plywood 830 6310 VinyL,hex lag screws 865 3120 Joist hanger 830 6310 Lumber,wedge,wrench,anchor 865 3120 PLywood,CTD sink 830 6310 Hardware,safety hasp 865 3140 Padlock,nutsetter 865 3140 Lumber 865 3120 Joist hanger,power bit 865 3120 Rope 865 3120 Anchor 865 3120 Plywood 865 3120 Lumber 865 3140 Lumber 865 3120 Gypsum wallboard 830 6310 Cedar shims,painting supplies 865 3120 Credit painting supplies 865 3120 Reimb office,school supplies 861 3101 April 09 2001 Page 9 Amount 7.81 15.63 7.81 23.44 7,351.11 5.06 71.82 1.51 5.76 317.38 24.19 233.39 5.49 6.35 1,269.41 26.16 8.16 5.63 3.56 28.75 47.54 10.13 15.34 31.59 213.85 11.30 203.33 25.56 154.39 33.77 67.98 78.36 6.36 178.35 4.22 12.22 40.35 62.56 206.71 10.83 44.58 13.40 6.48 1.23 14.26 6.75 33.30 43.63 167.75 162.25- 1'73 4� 01/04/09-09:46 City of Port Angeles - LIVE MACHINE April 09 2001 Page 10 Fnd Opt Check Vendor Number Name 62627 Blake Sand & Gravel Inc 62631 Camera Corner 62636 Cornell Auto Parts 62639 Denver's Tire Co. Inc 62643 Dobson's CHECK REGISTER Date From 03/10/2001 To 04/06/2001 Vendor Number 02045 03044 03092 04044 04054 62652 Hartnagel Building Supply Inc. 08052 62663 Lincoln Industrial Corp. 12047 62665 Mathews Glass Co. Inc. 13107 62669 Middleton Auto and Truck Inc. 13117 62675 Olympic Paper Company 15111 62676 Olympic Printers Inc. 15027 62678 Olympic Stationers Inc. 15030 62680 Pacific Office Equipment Inc. 16004 62681 Pacific Office Furniture 16518 62685 Peninsula Daily News 16012 62690 Port Angeles Power Equipment 16122 62694 Puget Safety Equipment Inc 16248 62697 Qwest 21001 62699 RWE Distributing (Dogipot Inc) 04252 62709 Sunset Do -It Best Hardware 19035 Description GL Code Number Saws 865 3120 Crushed rock 865 3101 Film,processing 866 3101 Pliers,pry bar 866 3120 Thinner,paint,paint trays 865 3120 Flat repair 865 4810 Seal,wire,trailer connector 865 3120 Bearing 865 3120 Set,comb set 866 3120 Assorted bits,hex nuts 866 3120 Wire,sheet metal,labor 865 3120 Parts for basketball backboard 865 3120 Sales tax 865 3120 Fenders,ramps,gloves,sheet met 865 3120 Replace breakage 865 4810 Clamp 865 3120 Cleaner 862 3120 Paper towels 862 3120 Laundry detergent 862 3120 Trash liners 830 3120 Cleaner 863 3120 Cleaner,wet mop,wax applicator 865 3120 Paper towels 830 3120 Trash liners,wet mop 830 3120 Bathroom tissue,hand soap 830 3120 Membership file cards 863 3101 Envelopes,business card holder 866 3101 Expanding envelope,white-out 861 3101 Calculator,binder 861 3101 Calculator paper 862 3101 Toner 863 3101 Chair mat 861 3101 Chair mat 830 3101 Chair mats 863 3101 Corner unit,cabinet,roll file 811 3101 Year in Review -Wm Shore Pool 862 4210 Ocean View 'Prearrangement' 866 4410 Kids Club 1-22,1-24 Pool ads 862 4210 Ocean View -'Prearrangement' 866 4410 OR level switch,credit bearin 865 3120 Hardhats 865 3120 2% Discount 865 3120 03-02 Billing 830 4710 03-02 Billing 863 4210 Litter bags 865 3120 Rubber mallet 865 3501 Oxygen,CO2 865 3101 Cordless drill 865 3501 Adapter,drill bits,silicone 862 3120 Fiber washer,flat washers 865 3120 Bolts,jobber bits,tap,angle 862 3120 0 Amount 16.86 31.81 22.44 35.58 217.12 10.82 53.99 14.85 134.40 9.56 108.94 11.20 .92 517.53 71.25 2.20 175.97 99.44 154.12 134.17 2 9 . 83.54 180.52 104.36 6.70 9.05 27.95 27.05 75.74 21.64 64.92 43.28 506.38 35.00 90.00 50.00 90.00 21.98 70.98 1.23- 33.63 41.43 168.77 11.67 30 64.87 3.29 56.22 01/04/09-09:46 City of Port Angeles ,;,LIVE MACHINE April 09 2001 Page 11 CHECK REGISTER Date From 03/10/2001 To 04/06/2001 Fnd Dpt Check Vendor Vendor Description GL Code Amount Number Name Number Number Grind wheels,screw bit,blades 865 3120 196.17 Torx bit 865 3120 2.69 Lifting strap,nylon sling 865 3120 39.15 62711 Swain's General Store Inc. 19037 Scraper,blades,bristle brush 865 3120 4.77 Reflectors,jack,paint 865 3120 88.53 Wedge,splitting maul 865 3501 35.42 Keys 865 3120 2.60 Plunger handle,nozzle,gasket 865 3120 12.78 Bolt,cap toilet bolt 865 3120 8.39 Truck box 865 3120 216.37 Keyblanks,tool caddy 865 3120 7.76 Vacuum bags,gloves 865 3120 11.05 Basketball net 865 3120 9.67 Tools for seasonal tool boxes 865 3501 307.57 Gloves 865 3120 5.13 Link snap,clamp 862 3120 11.06 Bar oil 865 3120 26.89 Cultivator 865 3120 28.07 Tubing,Lockwasher,Lock nut 865 3120 29.15 62713 Thurman Supply 20005 Electrical supplies 830 3101 7.77 Immersion element Shrink tubing,cable ties,plug 865 866 3120 3120 12.93 22.26 Tub faucet 862 3120 101.71 Water heater timer,bulb,angle 830 3120 163.93 Receptacles,outLets,switches 830 6310 68.72 62717 Verizon Wireless, Bellevue 01105 02-15 Billing 861 4210 32.31 62721 Washington (DIS), State of 23111 February Scan charges 811 4210 9.79 February Scan charges 861 4210 37.64 February Scan charges 863 4210 .99 February Scan charges 865 4210 2.67 February Scan charges 866 4210 6.26 62726 York Bronze Co 12289 Name plate -Robinson 866 3401 78.02 Monobar-Tedrow 866 3401 114.68 62733 Advanced Travel 01090 Breitbach - Port Orchard 02-02 865 4310 198.04 62737 Angeles Communications Inc 01069 Re -splice alarm wire 830 6310 59.51 62752 Federal Express Corp. 06022 02-23 Shipping chgs 861 4210 7.45 62758 GuiLLary, Mary 07345 Refund City Senior Pass 862 34730012 100.28 62762 Holman, Gerald 08483 Refund cemetery niche 866 34360012 300.00 Refund cemetery niche 866 34360014 85.00 Refund cemetery niche 866 34360013 150.00 62764 Insight Direct Inc. 09085 Toner,drum kit for HP8500 861 3101 79.74 62777 Olympic Drywall Supplies Inc. 15023 DrywaLL-storage project 830 6310 16.14 62778 Olympic Laundry & CLnrs Inc. 15026 February laundry svc 830 3120 19.61- 62787 Port of Port Angeles 16027 Herron,Thornburg 865 4310 50.00 62788 Qwest 21001 03-14 Billing 862 4210 42.31 03-14 Billing 811 4210 70.34 03-14 Billing 866 4210 23.45 03-14 Billing 865 4210 23.45 03-14 Billing 861 4210 46.90 03-14 Billing 862 4210 23.45 03-14 Billing 863 4210 43 01/04/09-09:46 City of Port Angeles - LIVE MACHINE CHECK REGISTER Date From 03/10/2001 To 04/06/2001 Fnd Dpt Check Vendor Vendor Description GL Code Number Name Number Visitor Center expenses Number 2,336.25 03-14 Billing 865 4210 3,087.68 62938 Brewer, David 03-14 Billing 863 4210 100.00 63001 Port Angeles Chamber Of Comm. 03-14 Billing 862 4210 62827 American Red Cross 01032 CPR -PR Challenge 02-27 Clark 862 3101 62839 Connelly, Marc 03586 Reimburse moving expenses 811 4150 62879 Peninsula Daily News 16012 Kids Club 02-19,02-21-01 862 4210 260.47 'Baby Face' 03-02-01 862 4210 40,510 102 63022 VanTech Safety Line Parks Caretakers 03-04-01 865 4410 9.86- Ocean View Cemetery #4002816 866 4410 62884 Port Angeles City Treasurer 03062 Refreshments 862 3101 7 Gift certificates 862 3101 62896 Rose Lumber 18016 Lumber 865 3120 62902 Sears Commercial One 19109 Screwdriver 865 3501 62914 Verizon Wireless, Bellevue 01105 03-15 Billing 861 4210 62923 Xerox Corporation 24001 DC220SS Lease -February 861 4530 62930 All Phase Electric Supply Co. 01061 Relay 862 3120 2% Discount 862 3120 Electrical parts less 2% disc 830 6310 Electrical part less 2% disc 830 3120 Light bulbs less 2% disc 830 3120 Lights,straps less 2% disc 863 3120 Straps,screwdriver-less 2% 861 3120 Cable less 2% Disc 861 3120 62955 Dungeness Turf Farm Inc. 04060 Sod 865 3140 62956 Empire Services 05207 Disinfectant cleaner 865 3120 62960 Federal Firesafety Inc. 06023 Inspect and test system 863 4810 62969 Glass Services Co. Inc. 07037 Furnish,install doors,openers 862 6410 62980 Les Schwab Tire Center (City) 19459 Tires,wheel balance,valve stem 865 3120 62995 Olympic Drywall Supplies Inc. 15023 Drywall,tape,mud less 1% disc 830 6310 POIy clear 830 6310 63005 Qwest 21001 03-20 Billing 863 4210 63006 RWE Distributing (Dogipot Inc) 04252 Litter bags 865 3120 63014 Skagit Gardens Inc 19077 Hanging basket flowes-2% Disc 865 3140 April 09 2001 Page 12 Total for Parks & Recreation 40 Amount 39.61 43.78 47.44 10.00 688.07 50.00 352.50 109.31 95.00 27.51 35.00 86.59 21.63 14.87 381.03 112.04 2.07- 199.42 61.80 298.13 3 10 . 119.02 949.19 189.35 7,287.32 279.03 220.59 10.44 60.50 155.98 725.58 31,223.94 44 Total for Department 9.86- Total for General Fund 165,317.44 101 0001 62883 Port Angeles Chamber Of Comm. 16023 Visitor Center expenses 115 5083 2,336.25 Brochure mailing expenses 122 4150 3,087.68 62938 Brewer, David 02055 Contract services -April 115 4990 100.00 63001 Port Angeles Chamber Of Comm. 16023 Joint Marketing -Copeland exp 122 4150 116.34 Magazine ad placement costs 122 4150 26,113.58 Room Tax Usage Requests 115 5083 8,500.00 Tourism Victoria Ad 122 4150 260.47 Total for Convention Center Fund 40,510 102 63022 VanTech Safety Line 22115 Jacket 102 2370000 9.86- 44 Total for Department 9.86- 01/04/09-09:46 City of Port Angeles - LIVE MACHINE April 09 2001 Page 13 0 Fnd Dpt Check Vendor Number Name 0007 62613 AT&T Wireless Services 62614 AVAYA INC 62620 Angeles Concrete Products 62623 Angeles Millwork 62627 Blake Sand & Gravel Inc. 62655 Integrated Project Solutions 62660 Lakeside Industries Inc. 62675 Olympic Paper Company 62685 Peninsula Daily News 62702 Richmond 2 -Way Radio 62709 Sunset Do -It Best Hardware 62711 Swain's General Store Inc. 62713 Thurman Supply CHECK REGISTER Date From 03/10/2001 To 04/06/2001 Vendor Number 01404 12215 01070 01073 02045 09132 12036 15111 16012 18009 19035 19037 20005 62915 Viking Office Products 22054 62995 Olympic Drywall Supplies Inc. 15023 63022 VanTech Safety Line 22115 103 0001 62614 AVAYA INC 12215 62688 Port Angeles City Treasurer 03062 62701 Ravenhurst Development Inc 18362 62721 Washington (DIS), State of 23111 62733 Advanced Travel 01090 62752 Federal Express Corp. 06022 62788 Qwest 21001 62842 Den -Ree Productions 04342 62893 Ravenhurst Development Inc 18362 63002 Port Angeles City Treasurer 03062 • Description GL Code Number 03-03 Billing a/c 44580470 752 4210 03-03 Billing a/c 43487438 752 4210 03-02 Billing 62721 Washington (DIS), State of 23111 752 62787 Port of Port Angeles 16027 3120 62788 Qwest 21001 Nozzle 62796 Ridout, Ken 18011 752 62914 Verizon Wireless, Bellevue 01105 62915 Viking Office Products 22054 62995 Olympic Drywall Supplies Inc. 15023 63022 VanTech Safety Line 22115 103 0001 62614 AVAYA INC 12215 62688 Port Angeles City Treasurer 03062 62701 Ravenhurst Development Inc 18362 62721 Washington (DIS), State of 23111 62733 Advanced Travel 01090 62752 Federal Express Corp. 06022 62788 Qwest 21001 62842 Den -Ree Productions 04342 62893 Ravenhurst Development Inc 18362 63002 Port Angeles City Treasurer 03062 • Description GL Code Number 03-03 Billing a/c 44580470 752 4210 03-03 Billing a/c 43487438 752 4210 03-02 Billing 752 4210 Concrete, hauling 752 3120 Lumber 752 3120 Lumber 752 3120 Nozzle 752 3120 Hex lags,flat washer 752 3120 Concrete mix 752 3125 Concrete mix,jet set 752 3120 Primavera 3 User LAN V7.0 752 6410 Asphalt 752 3120 Paper towels 752 3120 Ord 3076 -City streets 752 4210 Antenna 752 4210 Bolts 752 3125 Film 752 3120 PVC tee,elbow,coupling,cement 752 3120 PVC coupling,elbow 752 3120 PVC coupling 752 3120 February Scan charges 752 4210 McCaleb 752 4310 03-14 Billing 752 4210 Reimburse mileage 752 4310 03-15 Billing 752 4210 03-15 Billing 752 4210 Versaclips 752 3101 Poly clear 752 3120 Jacket 752 3120 Credit jacket 752 3120 Total for Public Works Total for Street Fund 03-02 Billing 123 4210 Luncheon 123 3101 PA Conference Center Project 123 4150 February Scan charges 123 4210 Smith to Meetings 1-19.1-26 123 4310 Smith to Olympia 02-28 123 4310 02-23 Shipping chgs 123 4210 03-14 Billing 123 4210 E-nable consulting svcs pe 3-6 123 4150 PA Conference Ctr-Nov 2000 123 4150 PABA business mtg 123 3101 Chamber luncheons 123 3101 Total for Economic Development Amount 12.78 13.26 23.44 275.10 99.00 6.16 6.56 15.87 138.60 39.14 1,200.00 761.73 27.05 14.76 14.06 6.49 22.96 10.42 1.49 1.64 .36 25.00 70.34 62.42 .50 11.62 19.14 19.22 130.04 60.09- 2,969.06 2,959.20 7.81 8.50 122.61 5.34 42.00 12.82 25.60 23.45 12,365.00 1,958.55 6.95 19.50 14,598.13 107 0005 62614 AVAYA INC 12215 03-02 Bitting 532 4210 132 01/04/09-09:46 City of Port Angeles - LIVE MACHINE April 09 2001 Page 14 172 0002 62685 Peninsula Daily News 16012 174 0008 62617 Albertson's Inc. 01204 62625 BiLsborrow, Mari 02188 62678 Olympic Stationers Inc. 15030 CHECK REGISTER Port Angeles City Treasurer 03062 62711 Swain's General Store Inc. Date From 03/10/2001 To 04/06/2001 Albertson's Inc. 01204 Fnd Dpt Check Vendor Vendor Description GL Code Number Name Number 03048 Number 62672 New World Systems 14184 Sun Pro Interface 532 6510 62678 Olympic Stationers Inc. 15030 Paper,coverstock 532 3101 888 3101 ASA Liability Ins -Softball Paper,scissors,stamp pads 532 3101 62680 Pacific Office Equipment Inc. 16004 Toner 532 3101 884 3101 Custom embroidery Toner 532 3101 888 3101 Supplies Toner,core 532 3101 888 3120 Credit toner,core 532 3101 Printer cartridge 532 3101 62684 Paymentech 16421 Travel expense 532 4310 62702 Richmond 2 -Way Radio 18009 Dust filter for vacuum 532 3101 62721 Washington (DIS), State of 23111 February Scan charges 532 4210 62788 Qwest 21001 03-14 Billing 532 4210 62817 WA State Patrol 23057 Access User fees pe 03-15 532 4810 62834 Captain T's 03048 Storm jacket,embroidery 532 2080 Shirts 532 2080 62840 Crown Moving Co. Inc. 03136 Dispatch equip to Sequim FD 532 4150 62878 Peninsula College 16011 'Cultural Diversity' Workshops 532 4310 62891 Quill Corporation 17000 Audio tapes 532 3101 Wastebaskets,transcriber 532 3101 Invisiible tape 532 3101 62990 New World Systems 14184 Software maintenance agreement 532 4810 CAD consulting expenses 03-09 532 4310 CAD software consulting 03-09 532 4310 63005 Qwest 21001 03-23 Billing 532 4210 172 0002 62685 Peninsula Daily News 16012 174 0008 62617 Albertson's Inc. 01204 62625 BiLsborrow, Mari 02188 62678 Olympic Stationers Inc. 15030 62688 Port Angeles City Treasurer 03062 62711 Swain's General Store Inc. 19037 62734 Albertson's Inc. 01204 62746 Bollinger 02168 62749 District 13 04050 62834 Captain T's 03048 62884 Port Angeles City Treasurer 03062 62929 Albertson's Inc. 01204 46 63002 Port Angeles City Treasurer 03062 Total for PenCom Hearing -Comm Dev Block Grant 214 4410 Total for PA Housing Rehab Project Snacks 888 3101 Snacks 888 3101 Snacks 888 3101 Snacks 888 3101 Shampoo 888 3101 Reimb office,schooL supplies 888 3101 Reimb office,schooL supplies 880 3101 Paper,scissors,stamp pads 880 3101 After school supplies 888 3101 Basketball scorebooks 880 3120 Borax,cornstarch 888 3101 Supplies 888 3101 ASA Liability Ins -Softball 881 4150 ASA Umpire registrations 881 4150 T-Shirts,Logos 882 3101 T -Shirts 884 3101 Custom embroidery 888 3120 Refreshments 888 3101 Supplies 888 3101 Spring Break Camp 888 3120 0 Amount 01/04/09-09:46 City of Port Angeles - LIVE MACHINE April 09 2001 Page 15 CHECK REGISTER Date From 03/10/2001 To 04/06/2001 Fnd Dpt Check Vendor Vendor Description GL Code Amount Number Name Number Number After School supplies 888 3101 30.60 63011 Scoreboard Parts & Service 19342 Control Console-Scoreboard 881 3101 481.50 Total for Recreational Activities Fund 3,567.50 176 0005 62631 Camera Corner 03044 Slide processing 531 3101 6.20 Film 531 3101 37.65 62637 DARE America 04036 License plate frames,balloons 531 3101 484.13 62691 Port Angeles School Dist #121 16123 Franklin Choir to Jefferson 531 3101 31.75 62698 R & T Specialty Inc. 18129 Medallions,stickers,mugs 531 3101 78.41 Community road signs 531 3101 27.05 62709 Sunset Do-It Best Hardware 19035 Helium 531 3101 42.73 62711 Swain's General Store Inc. 19037 Curling ribbon 531 3101 8.37 Curling ribbon 531 3101 11.17 62936 Blumenthal Uniforms & Equipmt 02047 Ink remover towelettes 531 3101 45.37 Total for D.A.R.E. Fund 772.83 178 0005 62711 Swain's General Store Inc. 19037 Video tapes,cleaner,propane 537 3101 9.83 Wheelbarrow 537 3501 62.62 Total for Law Enforcement Firearms Range 72.45 184 0008 62997 Otis Elevator Company Inc. 15034 Contract svcs pe 09-30-01 823 4150 1,481.73 Total for Senior Center Maintenance 1,481.73 186 0008 62791 Rainshadow Greenhouse 18347 Flowering cherry trees 873 3401 820.00 62989 Natural Structures 14145 Benches for resale 873 3401 4,610.00 Total for Waterfront Trail Fund 5,430.00 208 0002 62740 Bank of New York, The 02175 Admin fees PORANGLD211 292 4150 41.75 Total for L.I.D. Control Fund 41.75 310 0007 62641 Washington (DOT), State of 23119 Lauridsen-Edgewood Project 774 4150 99.63 62859 Hays Architect Inc, Kenneth 08456 Laurel St Slide Repair pe 2-28 783 4150 840.00 62949 Clallam Transit 03145 Gateway Project-20% match 777 4150 2,202.04 62953 Washington (DOT), State of 23358 8th St Test Signal Controllers 792 4990 143.32 63012 Seattle Daily Journal of Comm. 19058 Bid Ads-Lauridsen Blvd Realign 774 4410 495.00 Total for Public Works 3,779.99 0008 62623 Angeles Millwork 01073 Caution tape 897 3101 10.96 62709 Sunset Do-It Best Hardware 19035 Teflon,handsaw 897 3101 25.18 0 for & Total Parks Recreation 36.14 Total for Capital Improvement Fund 3,816.13 47 01/04/09-09:46 City of Port Angeles - LIVE MACHINE April 09 2001 Page 16 CHECK REGISTER Date From 03/10/2001 To 04/06/2001 Fnd Dpt Check Vendor Vendor Description GL Code Amount Number Name Number Number 316 0008 62623 Angeles Millwork 01073 Screws,hex nuts 860 3101 17.85 Toilet bowl,flange bowl 860 3101 3.38 62627 Blake Sand & Gravel Inc. 02045 Crushed rock 860 3101 38.09 Crushed rock 860 3101 38.09 Crushed rock 860 3101 38.09 62727 Zumar Industries Inc. 26001 Signs,traffic beads 860 3101 191.86 62751 Familian NW 06020 PVC elbow,pipe 860 3101 90.67 62803 Thomas Building Center 20044 Lumber,bolts-L League #TE049 860 3101 531.38 Post caps -Little League #TE049 860 3101 82.88 62829 Best Locking Systems 01079 Cylinder locks 860 3101 166.65 63019 Thomas Building Center 20044 Roofing -Batting cages 860 3101 1,078.70 Roof sheathing -Batting cages 860 3101 282.94 Total for Lincoln Park Improvement Fund 2,560.58 401 62612 ABB Power TO Company Inc 01321 Repair and return meter 401 2370000 8.20- 62628 Botnen, Jacob 02593 Utility deposit rfd-044199020 401 2391200 118.82 62633 Clark, Jessie 03417 Utility overpmt rfd-0852226001 401 1222200 935.11 62644 Doyle, Dennis 04364 Utility deposit rfd-004430012 401 2391200 160.00 62658 Kirby, Charlotte 11238 Utility deposit rfd-001139018 401 2391200 125.00 62705 Schneider, Juliana 19756 Utility deposit rfd-086924022 401 2391200 1 62709 Sunset Do -It Best Hardware 19035 Marker paint 401 1411000 1 62712 Swain, Monique E 19757 Utility deposit rfd-114928014 401 2391200 100. 2 62720 Walker, Ira 23562 Utility deposit rfd-001066008 401 2391200 125.00 62725 Weeks, Sharon 23563 Utility overpmt rfd-081396037 401 1222200 212.35 62732 Adams, Michelle 01491 Utility deposit rfd-127706007 401 2391200 87.58 62741 Batchelor, Terry 02594 Utility deposit rfd-052671008 401 2391200 11.90 62745 Bien, Linda 02595 Utility overpmt rfd-044750012 401 1222200 88.92 62748 Darling, Amanda 04259 Utility deposit rfd-041807020 401 2391200 149.61 62750 Fairbanks Capital Corporation 06286 Utility overpmt rfd-04551007 401 1222200 10.97 62756 General Pacific Inc. 07034 Poles 401 1414000 3,424.29 Poles 401 1411000 280.79 Wire 401 1414000 328.57 Wire 401 1411000 26.94 Terminal kits 401 1414000 214.44 Terminal kits 401 1411000 17.58 62760 Henkes, Jeff 08482 Utility overpmt rfd-123790004 401 1222200 147.99 62768 Kenney, Michael 11239 Utility deposit rfd-014892002 401 2391200 145.36 62780 Panorama Manor 16353 Utility overpmt rfd-033260025 401 1222200 27.88 62794 Reyes, Joschue 18410 Utility deposit rfd-051071022 401 2391200 88.90 62805 Tourangeau Nor Wes Corp 20305 Singer pump parts 401 2370000 1,013.52- 62812 Van Brocklin, Donald 22114 Utility overpmt rfd-050362039 401 1222200 248.54 62814 Virginia Mason Medical Center 22061 Utility overpmt rfd-097803003 401 1222200 127.90 62820 Western States Electric Inc. 23025 Loadbreak elbows 401 1414000 504.00 Loadbreak elbows 401 1411000 41.33 Luminaires 401 1414000 1,560.00 Luminaires 401 1411000 1 146 62821 Whittaker, Jessica 23509 Utility deposit rfd-036153004 401 2391200 2 62824 Action Property Management 01342 Utility overpmt rfd-088609016 401 1222200 96.65 62828 Andrassy, Stephani 01492 Utility overpmt rfd-010448003 401 1222200 258.56 62830 Boyd, Todd 02596 Utility deposit rfd-019283006 401 2391200 250.00 10, 01/04/09-09:46 City of Port Angeles -`':LIVE MACHINE April 09 2001 Page 17 CHECK REGISTER Date From 03/10/2001 Tor04/06/2001 Fnd Dpt Check Vendor Vendor Description GL Code Amount Number Name Number Number 62844 Duncan, Doug 04365 Utility deposit rfd-017604007 401 2391200 160.00 62847 Elliott, Anne 05231 Utility deposit rfd-014745018 401 2391200 250.00 62848 Evans Property Management 05205 Rfd#114405020-1914 S Pine A-3 401 1222200 28.38 Rfd#114421014-1914 S Pine A-5 401 1222200 27.46 Rfd#114464019-1914 S Pine B-3 401 1222200 28.38 Rfd#114499021-1914 S Pine B-4 401 1222200 11.00 Rfd#114502018-1914 S Pine B-6 401 1222200 101.61 Rfd#114855018-1914 S Pine F-2 401 1222200 18.61 62850 Familian NW 06020 Angle valves 401 1411000 25.48 62853 Gardner, Bob 07346 Utility deposit rfd-013684017 401 2391200 125.00 62856 Goodhue, Lola 07347 Utility overpmt rfd-049000019 401 1222200 90.76 62857 Grall, Estate of Arabella 07167 Utility overpmt rfd-035360001 401 1222200 175.49 62863 Westrem, John & Evelyn M 23460 Utility overpmt rfd-003573039 401 1222200 90.21 62864 Jones & Co, Edward D 10220 Utility overpmt rfd-112470002 401 1222200 105.61 62866 Kurose, Kazuo 11241 Utility deposit rfd-042919024 401 2391200 21.10 62870 McMenamin, Shari 13611 Utility overpmt rfd-082694006 401 1222200 98.74 62871 Mennie, E G 13612 Utility overpmt rfd-063169001 401 1222200 74.31 62886 Porter, Elsie 16525 Utility deposit rfd-011991015 401 2391200 125.00 62891 Quill Corporation 17000 Finger pads,envelopes,folders 401 2370000 3.80 - Legal tray,wall clock,dryline 401 2370000 4.82 - Credit 'Wite-Out' tape 401 2370000 .88 62895 Rigby, Brace 18411 Utility deposit rfd-018457029 401 2391200 125.00 62897 Rose, Andy 18104 Utility overpmt rfd-051179020 401 1222200 100.35 Utility overpmt rfd-074497018 401 1222200 27.17 62898 Rosemeck, Frank 18412 Utility overpmt rfd-020982006 401 1222200 112.18 62900 Ruiz, Dante 18413 Utility deposit rfd-092207019 401 2391200 113.72 62907 Transfac Funding Corporation 20059 Shipping charges 401 1411000 1,011.10 62908 Traylor, W S 20306 Utility overpmt rfd-057169004 401 1222200 102.27 62911 Tweiten, Paul 20308 Utility deposit rfd-058831014 401 2391200 94.65 62920 Washington Mutual 23565 Utility overpmt rfd-094795003 401 1222200 90.14 62921 Wilson, Tracy 23490 Utility overpmt rfd-119003004 401 1222200 105.23 62922 Worth, Jason 23566 Utility deposit rfd-013170015 401 2391200 14.51 62967 General Pacific Inc. 07034 Vector connectors 401 1411000 1,408.76 Wire conductors 401 1414000 872.66 Wire conductors 401 1411000 71.55 63002 Port Angeles City Treasurer 03062 HW Tank rebate -Williams 401 1343300 25.00 63004 Psager, Kim 16527 Utility deposit rfd-063061026 401 2391200 125.00 63030 Western States Electric Inc. 23025 Switches 401 1414000 4,614.00 Switches 401 1411000 378.35 Total for Department 20,439.99 0009 62612 ABB Power TO Company Inc 01321 Repair and return meter 911 4810 108.20 62613 AT&T Wireless Services 01404 03-03 Billing a/c 44625127 911 4210 15.18 03-03 Billing a/c 44690139 911 4210 11.85 03-03 Billing a/c 45528387 911 4210 23.13 62614 AVAYA INC 12215 03-02 Billing 911 4210 109.40 62615 Ace Equipment Company 01055 Chair 911 4810 17.31 62623 Angeles Millwork 01073 Lumber 911 3120 33.46 Paint,screws 911 3120 176.21 62627 Blake Sand & Gravel Inc. 02045 Top soil 911 4810 43 4 01/04/09-09:46 City of Port Angeles - LIVE MACHINE CHECK REGISTER Date From 03/10/2001 To 04/06/2001 Fnd Dpt Check Vendor Vendor Description GL Code Number Name Number Number 62634 Clover Park Technical College 03602 62636 Cornell Auto Parts 03092 62647 Equifax - Credit Information 05160 62649 Ferrellgas (Inc) 06024 62655 Integrated Project Solutions 09132 62678 Olympic Stationers Inc. 15030 62680 Pacific Office Equipment Inc. 16004 62681 Pacific Office Furniture 16518 62685 Peninsula Daily News 16012 62690 Port Angeles Power Equipment 16122 62693 Public Utility Dist Clallam Cc 16038 62697 Qwest 21001 62709 Sunset Do -It Best Hardware 19035 62713 Thurman Supply 20005 62715 United Parcel Service 21005 62718 WESCO Distribution Inc. 23150 62721 Washington (DIS), State of 23111 62722 Washington (DRS), State of 23141 62731 AT&T Wireless Services 01404 62733 Advanced Travel 01090 62738 Asplundh Tree Expert Co. 01119 62740 Bank of New York, The 02175 62747 CED/Consolidated Elec.Dist.Inc 03267 62756 General Pacific Inc. 07034 62761 Highline Equipment Inc. 08063 5 0 62767 Jobs Available Inc 10022 Apprentice minimum guarantee 911 4310 Apprentice -1st yr Wahto 911 4310 Filter 911 4810 Membership fees pe 02-19 911 4150 Propane 911 3120 Primavera 3 User LAN V7.O 911 6410 Pen,pen cartridge 911 3101 Magnifying glass 911 3101 Pencils,paper,hi-liters 911 3101 Laser printer,duplex assembly 911 3160 PIS thinkpad battery 911 3160 Toner,credit core 911 3120 Printer envelope feeder 911 3160 Credit ovrchg on printer feede 911 3160 Desk 911 6410 Bid -2001 Overhead Electric 930 4410 Bid -Underground Rebuild #2102 930 4410 Bid -Transformers Load Tap 930 4410 Cable 911 4810 Surge suppressor 911 3101 Pole wrap 911 3402 03-05 Billing 911 4210 03-02 Billing 911 4710 Gloves,knob 911 4810 Gloves,knob 911 3501 Nitrogen 911 4810 Threaded plug 911 4810 Electric receptacles 911 4810 February shipping charges 911 4810 February shipping charges 911 4210 February shipping charges 911 4210 February shipping charges 911 4310 February shipping charges 911 3101 Credit taken in error #218506 911 4810 Hydraulic compression tool 911 3501 February Scan charges 911 4210 Statewide pensioners -February 911 2030 03-03 Billing a/c 45570652 911 4210 Wahto to Seaside 02-18 911 4310 5% Retainage 04-15 to 05-13-00 911 4810 Admin fees PORANGELE95 911 4150 GE Lamps 911 3402 Midget fuses 911 3402 Vinyl bags 911 3501 Flap tags 911 3101 Flap tags 911 3101 Canvas tool bag 911 3501 Amp 'C' holder 911 3501 Universal hot stick adapter 911 3501 Amp wedge holder 911 3501 Job ad-Electrician,Inspector 911 4410 April 09 2001 Page 18 0 Amount 345.60 172.80 11.95 32.28 15.41 1,498.80 48.20 16.24 24.63 2,396.63 288.21 165.55 394.93 102.79- 427.39 259.12 242.72 72.16 20.02 52.14 20 64. 47.91 3.79 21.64 4.11 18.96 44.70 18.02 6.01 1.77 1.77 4,394.25 2,608.34 29.83 200.16 31.63 25.50 1,273.00 60.33 132.63 206.66 66.06 78.45 78.44 169 b 69.77 30.80 101.20 01/04/09-09:46 0 Fnd Dpt Check Vendor Number Name • • City of Port Angeles - LIVE MACHINE CHECK REGISTER Date From 03/10/2001 To 04/06/2001 Vendor Description GL Code Number Number 62769 Krebs, Alan R 11240 62771 Metropolitan Communications 13568 62788 Qwest 21001 62798 Rohlinger Enterprises Inc. 18087 62820 Western States Electric Inc. 23025 62854 General Pacific Inc. 07034 62862 Ireland, David H 09133 62875 North Coast Electric Company 14173 62879 Peninsula Daily News 16012 62890 Public Utility Dist CLallam Co 16038 62891 Quill Corporation 17000 62899 RotoRooter 18229 62903 Seattle Times/PI Distributor 19161 62905 Sound Analytical Services Inc 19025 62909 TriAxis Engineering Inc 20274 62914 Verizon Wireless, Bellevue 01105 62923 Xerox Corporation 24001 62930 ALL Phase Electric Supply Co. 01061 62931 62967 62970 62988 62991 62998 63007 63010 Angeles Communications Inc 01069 General Pacific Inc. 07034 Graybar Electric Co. Inc. 07040 National Assn Purchasing Mgmt 14494 Northwest Fence Co. 14071 Parsinen Landscape Maintenance 16258 RadioShack Accounts Receivable 18003 Rohlinger Enterprises Inc. 18087 Arbitration svcs 11-07-00 911 4150 Community Telecom Planning #5 911 4150 03-14 Billing 911 4210 03-14 Billing 911 4210 Gloves 911 3501 Voltage detector,adapters 911 3501 Low voltage blanket 911 3501 Guy strain insulator 911 3402 Tags 911 3501 Red Danger tags 911 3501 Reimburse mileage 911 4310 Reimburse Gig Harbor meeting 911 4310 Conduit 911 3402 Elect Eng Specialist -02-11-01 930 4410 Southwood power lines -02-14-01 930 4410 Southwood Power Lines -02-18-01 930 4410 Electrical Inspector 03-04-01 911 4410 03-13 Billing-SR101 and Euclid 911 3350 03-19 BiLLing-Lauridsen Blvd 911 3350 03-13 Billing Golf Course Rd 911 3350 Finger pads,envelopes,folders 911 3101 Legal tray,wall clock,dryLine 911 3101 Credit 'Wite-Out' tape 911 3501 Unplug sink,P-trap 911 3120 Bal due,subscription cancelled 911 4901 PCB testing in transformer oil 911 4810 PCB testing in transformer oil 911 4810 'I' St Rebuild pe 03-02-01 930 6510 'I' -'M' St,Ediz Hook pe 03-02 930 4150 03-15 Billing 911 4210 03-15 Billing 911 4210 03-15 Billing 911 4210 03-15 Billing 911 4210 03-15 Billing 911 4210 03-15 Billing 911 4210 DC220SS Lease -February 911 4530 Receptacle 911 4810 Meter base,hub,bushing,plate 911 4810 2% Discount 911 4810 Electrical parts less 2% disc 911 4810 Run wire,install jacks,parts 911 4810 GE Lamps 911 3402 'Lectra Clean' less 1% disc 911 3120 'Riding Wave of Change -Smith 911 4310 Chain link paneLs,blocks 911 4150 March landscape svcs 911 4810 Terminal strip 911 4810 Hard hats 911 3101 April 09 2001 Page 19 Total for Light Amount 2,633.90 22,625.00 328.27 42.33 267.08 1,940.46 43.17 161.54 521.52 319.19 46.80 69.30 94.59 174.53 176.25 132.19 196.08 17.42 17.15 14.44 50.12 63.60 11.62- 77.62 12.65 200.00 75.00 893.00 1,474.17 15.93 9.76 14.26 9.76 35.82 9.76 833.90 8.50 187.20 3.46- 39.70 125.94 866.81 283.84 159.00 145.67 2,239.74 1.72 638.38 55,272.68 51 01/04/09-09:46 City of Port Angeles - LIVE MACHINE April 09 2001 Page 20 Fnd Dpt Check Vendor Number Name CHECK REGISTER Date From 03/10/2001 To 04/06/2001 Vendor Description Number GL Code Number Total for Light Fund Amount 75,712.67 402 62757 Grasteit, Terry 07344 Utility overpmt rfd-103543004 402 1222200 622.00 62816 West Virginia University 23564 'Guide to Biosolids' 402 2370000 .49- 62850 Familian NW 06020 Angle valves 402 1414000 310.68 Water Utility materials 402 1414000 2,061.06 Water Utility materials 402 1411000 169.01 62934 Bavco Backflow Apparatus & 02346 Double check valve assembly 402 2370000 18.24- 62959 Familian NW 06020 Meter covers,pipe 402 1414000 159.07 Meter covers,pipe 402 1411000 13.04 Tapping sleeves 402 1414000 557.14 Tapping sleeves 402 1411000 61.92 62965 Fowler Company, H. D. 06110 Pipe inserts 402 1414000 135.60 Pipe inserts 402 1411000 11.66 Fire hydrant extension kits 402 1414000 792.48 Fire hydrant extension kits 402 1411000 64.98 62984 Micro Warehouse 13251 Switches,Cable,Surge station 402 2370000 46.00 - Fiber Patch Cable 402 2370000 2.70- Etherfast Switch Module 402 2370000 10.28 - Fiber Patch Cable 402 2370000 2.70- Cable,Plugs 402 2370000 Total for Department 4,860 0007 62613 AT&T Wireless Services 01404 03-03 Billing a/c 46031977 753 4210 40.19 03-03 Billing a/c 43263680 753 4210 18.13 62614 AVAYA INC 12215 03-02 Billing 754 4210 15.63 03-02 Billing 753 4210 7.81 62620 Angeles Concrete Products 01070 Concrete 753 3402 302.96 62621 Angeles Machine Works Inc. 01072 Replace sleave on pump shaft 753 3101 527.09 Labor on fire hydrant 753 3402 56.26 62623 Angeles Millwork 01073 Joist hanger,light bulbs 753 3101 20.85 Lumber 753 3120 33.47 Lumber 754 3120 33.46 Lumber,joist hanger 753 3101 64.42 Extension cord 753 3101 17.63 Hex key set 753 3101 5.65 Lumber,bit holder 753 3120 21.51 Drywall primer,roller cover 753 3120 10.26 62624 Anjo Soils 01057 Soil mix 753 3402 378.70 62627 Blake Sand & Gravel Inc. 02045 Stepstones 754 3120 162.30 Step stones 754 3120 64.92 62635 Copies Plus 03091 Color prints 754 3101 14.07 62636 Cornell Auto Parts 03092 Bolts 753 3120 5.35 62640 Dept of Community Development 03066 Water tests 793 4810 120.00 Water tests 754 4810 324.00 Water tests 753 4810 3 0 62652 Hartnagel Building Supply Inc. 08052 Garment hooks,plywood blade 754 3120 62655 Integrated Project Solutions 09132 Primavera 3 User LAN V7.0 753 6410 1,200.00 Primavera 3 User LAN V7.0 754 6410 1,200.00 62656 Kaman Industrial Technologies 11082 Hot water pump couplings 754 3120 36.61 5 2 01/04/09-09:46 City of Port Angeles - LIVE MACHINE April 09 2001 Page 21 0 Fnd Dpt Check Vendor Number Name 62663 Lincoln Industrial Corp. CHECK REGISTER Date From 03/10/2001 To 04/06/2001 Vendor Number 12047 62667 Metrocall 20000 62669 Middleton Auto and Truck Inc. 13117 62675 Olympic Paper Company 15111 62677 Olympic Springs Inc. 15029 62678 Olympic Stationers Inc. 15030 62679 PNPCA,Olympic Section 16267 62680 Pacific Office Equipment Inc. 16004 62683 Parametrix Inc. 16155 62686 Pettit Oil Company 16302 62688 Port Angeles City Treasurer 03062 62690 Port Angeles Power Equipment 16122 62693 Public Utility Dist Clallam Co 16038 62694 Puget Safety Equipment Inc 16248 62697 Qwest 21001 62709 Sunset Do -It Best Hardware 19035 62711 Swain's General Store Inc. 19037 0 62713 Thurman Supply 20005 Description GL Code Number Service crane 753 4810 Service crane 753 4810 Nuts,bolts 753 3101 02-24 Billing 754 4210 Scraper,brush 753 3101 Paper towels 753 3120 Water,water cooler rental 754 3120 Water cooler rental,water 754 3120 Label tapes 753 3101 Printer cartridge 753 3101 Magnifying glass,pens 754 3120 Member Dues 754 4901 Maint agre pe 11-10-01-1414889 753 4210 Service printer 754 3120 Envelopes 754 3101 Keyboard,pens,envelopes 754 3101 File fastener,binder,desk pad 754 3101 Lab charges pe 01-31 754 4810 Diesel fuel 754 3211 Lunches 754 4310 Beaver blade,holder,washer,nut 754 3120 03-08 Billing -203 Reservoir Rd 753 4710 Traffic jackets 754 3120 2% Discount 754 3120 03-02 Billing 754 4210 03-02 Billing 754 4210 Safety lens,plastic lens 754 3120 Wire brush 753 3101 Elbow 754 3101 Sprayer,pail,cleaner,wire 753 3101 Cleaner 753 3101 Chain hoist 753 3101 Rope,safety glasses 753 3101 Extension cord,gloves,pail 753 3101 Connector,electrical box,cover 753 3101 Pliers 753 3101 Spring 754 3120 CO2 753 3105 Plasma cutter 754 4810 Hand -truck 754 3120 Batteries 754 3120 Brass valves 753 3101 Utility rope 753 3101 Plier,trowel,battery,flashligh 753 3101 Paper towel holder,cleaner 754 3120 Brooms 754 3120 Driver post w/handles 754 3120 Teflon paste 753 3101 Heat tape with thermostat 753 3101 Fasteners,garden bow rake 754 3120 Clamps 754 3120 Amount 1,071.18 895.90 278.51 90.72 17.37 27.05 22.72 21.53 52.55 18.39 34.03 60.00 20.85 75.74 75.74 139.70 197.98 3,950.00 556.17 38.07 107.78 119.41 187.68 3.40- 44.12 42.60 7.43 31.14 1.28 83.04 6.26 611.90 37.47 265.31 8.41 64.45 6.48 29.21 1,513.72 52.99 115.34 13.24 16.17 126.59 15.79 25.79 21.39 16.66 32.95 14.81 01/04/09-09:46 City of Port Angeles - LIVE MACHINE April 09 2001 Page 22 Fnd Dpt Check Number Vendor Name CHECK REGISTER Date From 03/10/2001 To 04/06/2001 Vendor Number 62715 United Parcel Service 21005 62721 Washington (DIS), State of 23111 62723 Washington Fire & Safety Equip 23004 62733 Advanced Travel 01090 62735 American Water Works Assoc. 01066 62743 Beckwith & Kuffel 02275 62751 Familian NW 06020 62752 Federal Express Corp. 06022 62755 Foster Pepper & Sheffelman 06063 62770 Les Schwab Tire Center (City) 19459 62778 Olympic Laundry & Clnrs Inc. 15026 62787 Port of Port Angeles 16027 62788 Qwest 21001 62790 RadioShack Accounts Receivable 18003 62799 Sears Commercial One 19109 62805 Tourangeau Nor Wes Corp 20305 62806 Twiss Analytical Laboratories 20153 62809 United Rentals Inc 16034 62811 Utilities Underground Loc Ctr 21010 62816 West Virginia University 23564 62825 AmTest Inc. 01034 62832 Brown and Caldwell 02057 62835 Clallam Co Department of 03020 62850 Familian NW 06020 62889 Proctor's Enterprises 16526 62890 Public Utility Dist Clallam Co 16038 62892 Qwest 21001 Description GL Code Number 3 -Wire cord plug 754 3120 February shipping charges 754 4210 February Scan charges 753 4210 February Scan charges 754 4210 Service extinguishers 754 3120 Edgington to Auburn 03-05 753 4310 Becker to Auburn 03-05 753 4310 Member Dues -McGinley pe 04-02 753 4901 Pump start-up and installation 753 4810 Elbows,couplings 753 3120 02-23 Shipping chgs 793 4150 02-23 Shipping chgs 754 3120 Water Rights Issues #3 pe 2-21 753 4150 Elwha Dam Removal pe 02-21 793 4150 Water Rights Issues #3 pe 3-19 753 4150 Chains,chain tighteners 753 3402 Rags,tablecloths,coveralls 753 3101 Rags,tablecloths,coveralls 753 3120 Rags,tablecloths,coveralls 753 3120 Holbrook 753 4310 03-14 Billing 754 4210 03-14 Billing 753 4210 03-08 Billing 754 4210 T41-2234 03-10 753 4210 T61-9715 03-10 753 4210 T61-9772 03-10 753 4210 417-9460 03-10 753 4210 2 -way car speaker 754 3120 Wrenches,pliers,screwdrivers 753 3101 Filter,connector 754 3120 Singer pump parts 753 4810 Lab work 753 4150 Pipe threader,adaptors,wrench 753 6410 Hoist engine knock down 753 4810 February locates 753 4150 February locates 754 4150 'Guide to Biosolids' 754 3120 Silver test 754 4810 WW System Improvements pe 2-23 754 4150 Blk Diamond Reservoir Permit 793 4150 Metersetter valves 753 3101 Seamless pipe 753 3402 3 Logical Math Books 754 4310 03-21 Billing -Crown Z Water RD 753 4710 03-16 Billing 754 4210 03-20 Billing 754 4210 03-20 Billing 754 4210 03-20 Billing 754 4210 03-20 Billing 754 4210 03-20 Billing 754 4210 03-20 Billing 754 4210 Amount 8.21 7.27 8.11 30.89 151.48 98.77 98.77 112.00 2,558.11 350.17 29.50 17.95 583.00 588.14 132.50 30.24 27.59 30.84 15.69 25.00 4 3. 56.50 55.03 55.03 169.34 32.45 232.55 32.44 13,373.52 17.00 7,459.42 34.84 10.73 10.73 6.44 14.45 5,186.01 6,052.00 2,664.84 154.94 47.61 8.26 57.42 57.42 0 57.42 57.42 57.42 01/04/09-09:46 City of Port Angeles - LIVE MACHINE Water System Update 793 April 09 2001 Page 23 GWI Compliance 793 4150 CHECK REGISTER 753 4210 Switches,Cable,Surge station 753 4210 Switches,Cable,Surge station Daae From 03/10/2001 To 04/06/2001 Fiber Patch Cable 753 4210 Fnd Dpt Check Vendor Vendor Description GL Code Amount 754 Number Name Number 4210 Number 754 4210 62914 Verizon Wireless, Bellevue 01105 03-15 Billing 753 4210 19.92 754 3120 03-23 Bitting 753 03-15 Billing 754 4210 10.58 03-23 Billing 62927 AT&T Business Service 01085 03-15 Billing 753 4210 38.00 4210 62930 ALL Phase Electric Supply Co. 01061 Safety light batteries -2% disc 754 3120 130.74 754 62931 Angeles Communications Inc 01069 Install Network,Cable,Hardware 753 4210 2,124.52 2370000 3 Logical Math Books 404 2370000 Install Network,Cable,Hardware 754 4210 2,124.52 404 62934 Bavco Backflow Apparatus & 02346 Double check valve assembly 753 3402 240.62 Cabte,PLugs 62940 Brown and Caldwell 02057 2000 Wastewater Projects 794 4150 9,608.97 03-02 Billing 62941 CH2M Hill Inc 03005 Black Diamond Improvements 793 4150 40,830.63 • 404 • 62959 Familian NW 06020 62984 Micro Warehouse 13251 62996 Olympic Sewer & Drain Cleaning 15169 63005 Qwest 21001 63007 RadioShack Accounts Receivable 18003 63023 Verizon Wireless, Bellevue 01105 63032 Young, Jeff 25129 62861 Indiana Cash Drawer Company 09139 62889 Proctor's Enterprises 16526 62984 Micro Warehouse 13251 62992 Nurnberg Scientific 0007 62614 AVAYA INC 62620 Angeles Concrete Products 14092 12215 01070 Elwha Dam Removal 793 4150 Water System Update 793 4150 GWI Compliance 793 4150 Meter covers,pipe 753 4210 Switches,Cable,Surge station 753 4210 Switches,Cable,Surge station 754 4210 Fiber Patch Cable 753 4210 Fiber Patch Cable 754 4210 Etherfast Switch Module 753 4210 Etherfast Switch Module 754 4210 Fiber Patch Cable 753 4210 Fiber Patch Cable 754 4210 Cable,Plugs 753 4210 Cable,Plugs 754 4210 View,inspect,Locate line 754 3120 03-23 Bitting 753 4210 03-23 Billing 754 4210 03-23 Billing 754 4210 03-23 Bitting 754 4210 03-20 Billing 754 4210 Lab electronics,batteries 753 3402 03-15 Billing 754 4210 Reimburse tuition expense 754 4310 Total for Public Works Total for Water/Wastewater Fund Spring latch 404 2370000 3 Logical Math Books 404 2370000 Switches,Cable,Surge station 404 2370000 Fiber Patch Cable 404 2370000 Etherfast Switch Module 404 2370000 Fiber Patch Cable 404 2370000 Cabte,PLugs 404 2370000 Tygon tubing 404 2370000 Total for Department 03-02 Billing 755 4210 Ecology blocks 755 4810 Ecology blocks 755 4810 01/04/09-09:46 City of Port Angeles - LIVE MACHINE April 09 2001 Page 24 CHECK REGISTER Date From 03/10/2001 To 04/06/2001 Is Fnd Dpt Check Vendor Vendor Description GL Code Amount Number Name Number Number Ecology blocks 755 4810 54.10 62623 Angeles Millwork 01073 Corner irons 755 3120 3.79 62626 BioCycle 02120 West Coast Conf-McCabe #339 755 4310 395.00 62652 Hartnagel Building Supply Inc. 08052 Lumber,plywood, minwax 755 3120 60.69 62655 Integrated Project Solutions 09132 Primavera 3 User LAN V7.0 755 6410 1,200.00 62675 Olympic Paper Company 15111 Paper towels 755 3120 27.05 62678 Olympic Stationers Inc. 15030 Pins,velcro 755 3101 9.22 62680 Pacific Office Equipment Inc. 16004 Printer cartridge 755 3101 67.79 62685 Peninsula Daily News 16012 Reduce to 90 gallon size 755 4410 117.50 Ord 3075 -SW Collection 755 4410 14.76 62697 Qwest 21001 03-05 Billing 755 4210 84.63 62709 Sunset Do -It Best Hardware 19035 Wheel,grind wheel 755 3120 12.06 62711 Swain's General Store Inc. 19037 Hammer 755 3120 24.82 Cement PVC,toolbox lid 755 3120 13.37 Paint spray 755 3120 3.61 Extension cord,surge suppresor 755 3120 17.20 Chain,hook,link,screw 755 3120 8.71 62721 Washington (DIS), State of 23111 February Scan charges 755 4210 15.75 62724 Waste Management - Northwest 23060 February recycling 755 4150 41,616.06 62733 Advanced Travel 01090 McCabe to Portland 03-04 755 4310 390.58 62736 Analytical Resources Inc. 01252 Well analysis -1st Qtr 755 4150 5 Well analysis -1st Qtr 755 4150 4,0 62739 Automotive Environmental Svcs 01041 Antifreeze processing 755 4150 40 62752 Federal Express Corp. 06022 02-23 Shipping chgs 755 3120 57.30 62778 Olympic Laundry & Clnrs Inc. 15026 Cleaning services 755 4990 76.52 Rags,tablecloths,coveralls 755 3120 7.53 62781 Parametrix Inc. 16155 LF Engineering,Permitting 1-31 795 4150 3,517.12 LF Engineering pe 01-31 755 4150 18,316.95 LF Engineering pe 01-31 795 4150 171.20 LF Engineering pe 01-31 795 4150 2,569.80 62787 Port of Port Angeles 16027 Carlson,Hart,Stromski 755 4310 75.00 62788 Qwest 21001 03-14 Billing 755 4210 117.24 62843 Design One Inc. 04164 White handle bags -Home Show 755 4410 294.55 62852 Frykholm Appraisal 06161 Review Lot 17 Island View 755 4150 500.00 62861 Indiana Cash Drawer Company 09139 Spring latch 755 3101 4.33 62901 SWANA 19101 MOLO Course -Hart 755 4310 700.00 62912 USDA, APHIS,Wildlife Services 21069 Alleviate Wildlife Hazards 755 4810 20,410.30 62919 Washington (Ecology), State of 23106 WW Permit fee -2nd half pe 7-01 755 4990 5,031.50 62931 Angeles Communications Inc 01069 Install Network,Cable,Hardware 755 4210 2,124.52 62944 Citybank Harbour Point 03555 Escrow #6237-00497006,Glacier 795 4150 2,560.15 62968 Glacier Environmental Svcs Inc 07223 LF Closure 2000 -pmt #6 795 4150 52,841.46 62984 Micro Warehouse 13251 Switches,Cable,Surge station 755 4210 303.49 Fiber Patch Cable 755 4210 17.85 Etherfast Switch Module 755 4210 67.89 Fiber Patch Cable 755 4210 17.85 Cable,Plugs 755 4210 55.75 62992 Nurnberg Scientific 14092 Tygon tubing 755 3120 2 63002 Port Angeles City Treasurer 03062 Teen Scene workers beverages 755 3101 63003 Preston Gates & Ellis LLP 16175 Prof svcs pe 01-31-01 755 4150 240.00 63029 Waste Management - Northwest 23060 Revised Jan,Feb 2001 invoices 755 4150 2,371.92 56 01/04/09-09:46 City of Port Angeles - LIVE MACHINE CHECK REGISTER Date From 03/10/2001 To 04/06/2001 Fnd Dpt Check Vendor Vendor Description GL Code Number Name Number Number 421 0009 501 0 0007 • 62619 Anderson, Kris 01490 62972 Henke, Richard or Donita 08155 62686 Pettit Oil Company 16302 62714 Turbo Diesel Register 20304 62984 Micro Warehouse 13251 62613 AT&T Wireless Services 01404 62614 AVAYA INC 12215 62621 Angeles Machine Works Inc. 01072 62632 Chevron USA (Credit Card pmts) 03060 62636 Cornell Auto Parts 03092 62639 Denver's Tire Co. Inc. 04044 April 09 2001 Page 25 Total for Public Works Total for Solid Waste Fund Energy rebate -Heat pump 913 4986 Energy rebate -Windows 913 4986 Total for Conservation Fund Diesel fuel 501 1412000 Diesel,gasoline 501 1412000 Diesel fuel 501 1412000 Diesel fuel 501 1412000 one year subscription 501 2370000 Switches,Cable,Surge station 501 2370000 Fiber Patch Cable 501 2370000 Etherfast Switch Module 501 2370000 Fiber Patch Cable 501 2370000 Cable,PLugs 501 2370000 Total for Department 02-03 Billing 760 4210 03-03 Billing a/c 46204277 760 4210 03-02 Billing 760 4210 Rebuild paddle,parts,labor 760 4810 Credit card gas 789-830-770-2 760 3210 Credit card gas 789-830-770-2 760 3210 Timing tab 760 3501 Metal round pans 760 3402 Credit timing tab,billing erro 760 3501 Impact wrench 760 3501 Hand cleaner 760 3101 Filter 760 3402 Heater core 760 3402 Flat repair 760 4810 Mount,demount 760 4810 Shaft parts,repair spotlight 760 3402 Shaft parts,repair spotlight 760 4810 Belt pulley,dimner,labor 760 3402 Belt puLLey,dimner,labor 760 4810 Tires,wheel cyLinders,brakes 760 3110 Tires,wheel cylinders,brakes 760 3402 Tires,wheel cylinders,brakes 760 4810 Labor 760 4810 Lubra kleen,muffler,labor 760 3402 Lubra kleen,muffler,labor 760 4810 Transmission fluid,labor 760 3402 Transmission fluid,labor 760 4810 Safety check,labor,lubra kleen 760 3402 Safety check,Labor,lubra kleen 760 4810 Amount 01/04/09-09:46 City of Port Angeles - LIVE MACHINE CHECK REGISTER Date From 03/10/2001 To 04/06/2001 Fnd Dpt Check Vendor Vendor Description GL Code Number Name Number Number 62651 H & R Parts & Equipment Inc. 08045 62653 Heartline, The 08054 62656 Kaman Industrial Technologies 11082 62661 Les Schwab TireCtr-Solid Waste 19755 62663 Lincoln Industrial Corp. 12047 62664 Craft, Don 03424 62669 Middleton Auto and Truck Inc. 13117 Safety check,labor,lubra kleen 760 3402 Safety check,labor,lubra kleen 760 4810 Labor,starter,air cleaner 760 3402 Labor,starter,air cleaner 760 4810 Mount,demount,wheel 760 3402 Mount,demount,wheel 760 4810 Flat repair 760 4810 Mount,demount,wheel balance 760 4810 Flat repair 760 4810 Flat repair 760 4810 Flat repair 760 4810 Flat repair,wheel change 760 4810 Headlight bulb,labor 760 3402 Flat repair 760 4810 Belt,labor,lower & upper intak 760 3402 Belt,labor,lower & upper intak 760 4810 Credit six cores 760 3101 Credit cores 760 3402 Valve,core 760 3101 Seal,driver,brake shoes,cores 760 3402 Terminal block,perma coil 760 3402 Battery 760 3402 Battery 760 3402 Roller chain,connecting link 760 3402 Srocket,keystock 760 3402 Flat repair,wheel switch 760 3101 Flat repair 760 3101 Tire,dismount,mount 760 3101 Flange,flange nuts 760 4810 Jack,handle assembly 760 3402 Bulldog jack 760 3402 Steel bar 760 3402 Pliers,tools 760 3501 Wrench set,flashlight 760 3501 Credit oil & fuel filters 760 3402 Credit core deposit 760 3402 Alarms 760 3402 Brake hose 760 3402 Credit fuel filters 760 3402 Pri wire,degreaser,primer 760 3402 Plug,screw nut,lamp 760 3402 Filter kit 760 3402 Brake hose 760 3402 Halogen bulb 760 3402 Fittings 760 3402 Cable tie 760 3402 Air filter 760 3402 Pri wire 760 3402 Hose 760 3402 Master cylinder,core deposit 760 3402 Male pipe 760 3402 April 09 2001 Page 26 0 Amount 13.26 17.31 100.58 31.91 34.62 32.46 6.49 22.72 10.82 10.82 10.82 28.67 22.45 6.49 116.87 102.24 533.20- 160.14- 94.85 569.48 2 210 52.68 54.33 69.09 27.27 261.75 307.68 167.18 157.81 34.08 163.49 53.13 45.64- 53.56- 190.10 21.30 23.08- 66.59 27.53 19.75 24.19 6.05 19.09 4.31 11.39 46.62 2.69 01/04/09-09:46 0 Fnd Dpt Check Vendor Number Name 62670 Murray Motors Inc City of Port Angeles - LIVE MACHINE 62673 Novus Windshield Repair 62675 Olympic Paper Company CHECK REGISTER Date From 03/10/2001 To 04/06/2001 Vendor Number 13129 14206 15111 62680 Pacific Office Equipment Inc. 16004 62682 Pacific Utility Equipment Inc. 21011 62685 Peninsula Daily News 16012 0 62686 Pettit Oil Company 16302 Description GL Code Number Light bulbs 760 3402 Oil filter 760 3402 Air filter 760 3402 Diesel 760 3402 Screw driver 760 3101 Halogen bulb,filters,switches 760 3402 Auto fuses,nut 760 3402 Screw driver 760 3402 Back support 760 3402 Bush kit 760 3402 Oxygen sensor 760 3402 Cap screw 760 3402 Wire set 760 3402 Cap,rotor 760 3402 Front wheel assembly 760 3402 Air filters,cap screw,solenoid 760 3402 Headlight 760 3402 Truck part 760 3402 Tail pipe 760 3402 Spring 760 3402 Filter 760.3402 Engine emissions kit 760 3402 OR filter 760 3402 Bulb 760 3402 Halogen bulb 760 3402 Filter,hex nipple,elbow,plug 760 3402 Hex nut 760 3402 Relay 760 3402 Bulb 760 3402 Hole lug,terminals 760 3402 Locknut 760 3402 Battery 760 3101 Filter 760 3402 Filters,cleaner,switch 760 3402 Cartridge,core deposit 760 3402 Flasher none 760 3402 Fuel filter package 760 3402 Flasher none 760 3402 service compactor 760 4810 Windshield repair 760 4810 Teri wipes 760 3101 Teri wipes 760 3101 Paper towels 760 3101 Film rolls 760 3101 Magnet,housing 760 3402 Bid -Asphalt patcher body 760 4410 Riding Lawnmower 760 4410 Bid -Trailer single reef 760 4410 OR & lubricants 760 3101 Oil 760 3220 Oil,lubricant 760 3220 April 09 2001 Page 27 Amount 5.11 5.91 18.96 24.63 13.96 152.05 15.38 13.96 17.79 15.13 51.02 24.89 30.87 21.79 64.90 81.49 21.58 3.24 40.21 8.37 1.84 68.01 21.24 106.90 15.58 115.97 2.30 7.94 6.49 24.30 7.25 3.45 15.13 137.29 108.36 27.66 74.44 27.66 102.79 27.05 211.57 70.52 99.48 47.61 53.24 150.88 144.32 201.60 687.75 754.77 21 9 01/04/09-09:46 City of Port Angeles - LIVE MACHINE April 09 2001 Page 28 Fnd Dpt Check Number Vendor Name 62687 Points Sharp Steel Inc 62689 Port Angeles Ford Lincoln 62695 Quality 4x4 Truck Supply CHECK REGISTER Date From 03/10/2001 To 04/06/2001 Vendor Description GL Code Amount Number Number February Cardlock fuel usage 760 3210 46.53 February Cardlock fuel usage 760 3210 62.45 February Cardlock fuel usage 760 3210 47.84 February Cardlock fuel usage 760 3210 39.71 February Cardlock fuel usage 760 3210 22.47 February Cardlock fuel usage 760 3210 17.95 February Cardlock fuel usage 760 3210 28.99 February Cardlock fuel usage 760 3210 105.02 February Cardlock fuel usage 760 3210 76.28 February Cardlock fuel usage 760 3210 30.45 February Cardlock fuel usage 760 3210 36.34 February Cardlock fuel usage 760 3210 23.37 February Cardlock fuel usage 760 3210 46.52 February Cardlock fuel usage 760 3210 67.00 February Cardlock fuel usage 760 3210 31.28 February Cardlock fuel usage 760 3210 55.80 February Cardlock fuel usage 760 3211 92.33 February Cardlock fuel usage 760 3210 83.06 February Cardlock fuel usage 760 3210 21.08 February Cardlock fuel usage 760 3210 108.22 February Cardlock fuel usage 760 3210 6 February Cardlock fuel usage 760 3210 1 February Cardlock fuel usage 760 3210 6 . 7 February Cardlock fuel usage 760 3210 127.05 February Cardlock fuel usage 760 3210 25.04 February Cardlock fuel usage 760 3210 27.61 February Cardlock fuel usage 760 3210 64.26 February Cardlock fuel usage 760 3210 86.26 February Cardlock fuel usage 760 3210 30.53 February Cardlock fuel usage 760 3210 67.80 February Cardlock fuel usage 760 3211 7.00 February Cardlock fuel usage 760 3210 79.32 February Cardlock fuel usage 760 3210 26.35 February Cardlock fuel usage 760 3210 53.62 * u n Or w 760 3210 79.52 C or ' 0 ;# 760 3210 70.51 February Cardlock fuel usage 760 3210 130.57 February Cardlock fuel usage 760 3210 84.37 February Cardlock fuel usage 760 3210 115.68 February Cardlock fuel usage 760 3210 11.16 February Cardlock fuel usage 760 3210 107.74 February Cardlock fuel usage 760 3210 62.31 February Cardlock fuel usage 760 3210 132.42 February Cardlock fuel usage 760 3210 129.95 February Cardlock fuel usage 760 3210 45.54 February'Cardlock fuel usage 760 3211 42.05 16092 Chisel,asphalt cutters 760 4810 Points,chisel,asphalt cutters 760 4810 16158 Radiator kit 760 3402 21.93 17006 Bearing 760 3402 51.75 Water pump,thermostat 760 3402 287.51 01/04/09-09:46 0 Fnd Dpt Check Vendor Number Name f City of Port Angeles tiVE MACHINE 62700 Race Street Auto Parts 62702 Richmond 2 -Way Radio 62704 RuddeLL Auto Mall 62707 Sears Commercial One 62709 Sunset Do -It Best Hardware CHECK REGISTER Date From 03/10/2001 To 04/06/2001 Vendor Number 18048 18009 18019 19109 19035 62778 Olympic Laundry & Clnrs Inc. 15026 62782 Parts Incorporated 18126 62787 Port of Port Angeles 16027 62788 Qwest 21001 62800 Seattle Daily Journal of Comm. 19058 62833 Schuck's 19008 62837 Clyde/West Inc. 03100 62841 Cummins Northwest Inc. 03097 62867 Les Schwab TireCtr-SOLid Waste 19755 62904 Snap -on Tools - Chugger Deane 19108 62915 Viking Office Products 22054 62931 Angeles Communications Inc 01069 62980 Les Schwab Tire Center (City) 19459 Description GL Code Number Gaskets 62714 Turbo Diesel Register 20304 760 62716 Valley Freightliner Inc. 22062 4810 62721 Washington (DIS), State of 23111 4 Channel radio 62744 Ben -Ko -Matic 02574 760 62765 Intl Belt & Rubber Supply Inc 09049 3402 62770 62773 Les Schwab Tire Center (City) N C Machinery Co. 19459 14001 Cylinder rent for January 760 3402 Solder 62778 Olympic Laundry & Clnrs Inc. 15026 62782 Parts Incorporated 18126 62787 Port of Port Angeles 16027 62788 Qwest 21001 62800 Seattle Daily Journal of Comm. 19058 62833 Schuck's 19008 62837 Clyde/West Inc. 03100 62841 Cummins Northwest Inc. 03097 62867 Les Schwab TireCtr-SOLid Waste 19755 62904 Snap -on Tools - Chugger Deane 19108 62915 Viking Office Products 22054 62931 Angeles Communications Inc 01069 62980 Les Schwab Tire Center (City) 19459 Description GL Code Number Gaskets 760 3402 Brake cleaner 760 3402 Relays 760 4810 Repair air-conditioning unit 760 4810 4 Channel radio 760 4810 4 Channel radio 760 3402 Switch 760 3402 504 piece mechanics tool set 760 3501 Cylinder rent for January 760 3402 Solder 760 3402 Headgear,face shield 760 3501 Steel shaft 760 3402 Bolts 760 3402 Socket set screws 760 3402 Stop nuts,metaL lock nut 760 3402 One year subscription 760 4901 Oil pressure switch 760 3402 February Scan charges 760 4210 Main broom sweepers 760 3402 RecoupLe hose 760 4810 Chains 760 3402 Tube 760 3402 Tube 760 3402 Motor,core charge 760 3402 Cleaning services,coveraLLs 760 4990 ES coveralls,nametags 760 4990 Coordinator board 760 3402 Stromski 760 4310 03-14 Billing 760 4210 Bid -Riding lawnmower 760 4410 Bid refuse packer 760 4410 Floor mats purchase 08-26-99 760 3402 Pinion,gear,gasket 760 3402 Bearings,gasket,oiL seal 760 3402 Clamp 760 3101 Clamp 760 3101 Thermostat 760 3101 Thermostat housing,gasket 760 3402 Water pump,core 760 3402 Sales tax credit -engine core 760 3101 Core credit 760 3402 Tire,wheeL balance 760 3110 Tire,wheeL balance 760 4810 Stylus,socket wrenches 760 3501 Socket holders,tooL organizers 760 3501 File folders 760 3101 Install Network,Cable,Hardware 760 4210 Tire,casing,mount,valves 760 3110 Tire,casing,mount,valves 760 4810 Wheel change 760 4810 Wheel change -over 760 4810 April 09 2001 Page 29 Amount 36.23 23.51 70.33 21.64 81.15 510.70 3.06 1,265.93 27.05 28.50 50.59 18.06 5.13 .87 17.53 37.87 70.67 8.45 993.68 48.87 65.95 79.85 62.83 780.56 242.35 250.20 77.13 25.00 23.45 270.60 237.60 36.66 3,283.59 190.54 26.19 21.85 60.86 53.37 523.93 232.20- 97.74- 237.31 22.72 94.42 148.56 9.73 2,124.52 256.07 16.23 24.35 aif 01/04/09-09:46 City of Port Angeles - LIVE MACHINE CHECK REGISTER Date From 03/10/2001 To 04/06/2001 April 09 2001 Page 30 Fnd Dpt Check Vendor Vendor Description GL Code Number Name Number 62865 Number David 11180 62914 Tires,wheel balance,stem 760 3110 01105 62939 Brooks, Tires,wheel balance,stem 760 4810 62977 Kirsch, David Wheel changeover 760 4810 250 3160 03-14 Billing Tires,wheel balance 760 3110 Reimburse cordless phones 250 3101 Tires,wheel balance 760 4810 4150 03-15 Billing 250 Change -over wheels 760 4810 250 3101 Computer svcs pe 03-30 Flat repair 760 4810 62981 Les Schwab TireCtr-Solid Waste 19755 Flat repair 760 3101 Flat repair,wheel switch 760 3101 Section repairs 760 3101 Tires,wheel balance,stems 760 3101 62984 Micro Warehouse 13251 Switches,Cable,Surge station 760 4210 Fiber Patch Cable 760 4210 Etherfast Switch Module 760 4210 Fiber Patch Cable 760 4210 Cabte,Plugs 760 4210 Total for Public Works _,,;7 Total for Equipment Services Fund 502 0002 62614 AVAYA INC 12215 62630 Brooks, Gary 02277 62645 Dungeness Communications & 04210 62659 Kirsch, David 11180 62688 Port Angeles City Treasurer 03062 62721 Washington (DIS), State of 23111 62730 ACCIS (Assn.of County/City IS) 01309 62764 Insight Direct Inc. 09085 62788 Qwest AWC Employee Benefit Trust 21001 62831 Brooks, Gary 02277 62865 Kirsch, David 11180 62914 Verizon Wireless, Bellevue 01105 62939 Brooks, Gary 02277 62977 Kirsch, David 11180 503 0001 62642 Ditzenberger, Dennis 04080 62733 Advanced Travel 01090 62792 Regence Blue Shield -Dental 18234 62802 Summit Law Group PLLC 19437 62807 UNUM Life Ins Co of America 21000 03-02 Billing 250 4210 Reimburse computer hard drives 250 4810 January maintenance 62823 AWC Employee Benefit Trust 01231 62 62851 Foster, Richard 06261 03-02 Billing 250 4210 Reimburse computer hard drives 250 4810 January maintenance 250 4150 February maintenance 250 4150 Computer services pe 03-09 250 4150 Meeting refreshments 250 3101 February Scan charges 250 4210 2001 Membership Dues 250 4901 Six 'Smartups' Powerchutes 250 3160 Batteries,Powerchute 250 3160 Back mounts 250 3160 03-14 Billing 250 4210 Reimburse cordless phones 250 3101 Computer svcs pe 03-23 250 4150 03-15 Billing 250 4210 Computer drives 250 3101 Computer svcs pe 03-30 250 4150 Total for Information Technology Fund Reimburse medical services 121 4630 Daugaard to Seattle 03-07 118 4909 Admin fee -April 117 4601 Gen Labor Representation 02-28 119 4150 Admin 121 4631 POlice,IBEW 121 4631 Medical premium -April 121 4630 Life Ins premium -April 121 4632 Retirees premium -April 121 4634 Reimburse medical svcs 121 4630 0 Amount 01/04/09-09:46 Fnd Dpt Check Vendor Number Name City of Port Angeles t=JIVE MACHINE 62873 NW Admin Transfer Acct 62933 Balser, Fred 62935 Bishop, Virgil 62937 Braun, Gary 62942 Cameron, Kenneth 62943 Camporini, Richard CHECK REGISTER Date From 03/10/2001 To 04/06/2001 Vendor Number 14169 02243 02019 02173 03252 03273 62950 Coons, Robert 03089 62952 Darling, Greg 04004 62966 Gates Service Company, Frank 07208 62974 Ilk, Steve 09024 62975 Johnson, Donald G 10052 62976 Johnson, Harry 10047 62982 Lindley, James K 602 0002 652 0008 Is 62958 Evans, Sid 62971 Hansen, George D. 62614 AVAYA INC 62631 Camera Corner 12019 12186 13261 13145 18057 19146 05103 08048 12215 03044 62652 Hartnagel Building Supply Inc. 08052 62678 Olympic Stationers Inc. 15030 62697 Qwest 21001 62711 Swain's General Store Inc. 19037 62721 Washington (DIS), State of 23111 62788 Qwest 21001 62892 Qwest 21001 62915 Viking Office Products 22054 63005 Qwest 21001 657 62876 Olympic Community Action Frogs 03022 Description GL Code Number Non -sworn group 121 4633 Sworn officers 121 4633 Retirees 121 4634 Reimburse Medicare prem -April 121 4635 Reimburse Medicare prem -April 121 4635 Reimburse Medicare prem -April 121 4635 Reimburse Medicare prem -April 121 4635 Disability Board claims -March 121 4635 Reimburse Medicare prem -April 121 4635 Reimburse medical svcs 121 4630 Disability Board claims -March 121 4635 Workers' Comp 1st Qtr Premium 118 4140 Disability Board claims -March 121 4635 Reimburse Medicare prem -April 121 4635 Disability Board claims -March 121 4635 Reimburse Medicare prem -April 121 4635 Disability Board claims -March 121 4635 Reimburse Medicare prem -April 121 4635 Reimburse Medicare prem -April 121 4635 Reimburse Medicare prem -April 121 4635 Reimburse Medicare prem -April 121 4635 Assessment and Referral 121 4150 Reimburse Medicare prem -April 121 4635 April 09 2001 Page 31 Total for Self - Insurance Fund Reimburse Medicare prem -April 225 4635 Reimburse Medicare prem -April 225 4635 Total for Firemen's Pension Fund 03-02 Billing 62983 Loucks, Jasper 868 62985 Miesel, Phil 3101 62987 63008 Morgan, Rainier Roy EAP Inc. Paper,coverstock 63017 Sweatt, Johnnie 602 0002 652 0008 Is 62958 Evans, Sid 62971 Hansen, George D. 62614 AVAYA INC 62631 Camera Corner 12019 12186 13261 13145 18057 19146 05103 08048 12215 03044 62652 Hartnagel Building Supply Inc. 08052 62678 Olympic Stationers Inc. 15030 62697 Qwest 21001 62711 Swain's General Store Inc. 19037 62721 Washington (DIS), State of 23111 62788 Qwest 21001 62892 Qwest 21001 62915 Viking Office Products 22054 63005 Qwest 21001 657 62876 Olympic Community Action Frogs 03022 Description GL Code Number Non -sworn group 121 4633 Sworn officers 121 4633 Retirees 121 4634 Reimburse Medicare prem -April 121 4635 Reimburse Medicare prem -April 121 4635 Reimburse Medicare prem -April 121 4635 Reimburse Medicare prem -April 121 4635 Disability Board claims -March 121 4635 Reimburse Medicare prem -April 121 4635 Reimburse medical svcs 121 4630 Disability Board claims -March 121 4635 Workers' Comp 1st Qtr Premium 118 4140 Disability Board claims -March 121 4635 Reimburse Medicare prem -April 121 4635 Disability Board claims -March 121 4635 Reimburse Medicare prem -April 121 4635 Disability Board claims -March 121 4635 Reimburse Medicare prem -April 121 4635 Reimburse Medicare prem -April 121 4635 Reimburse Medicare prem -April 121 4635 Reimburse Medicare prem -April 121 4635 Assessment and Referral 121 4150 Reimburse Medicare prem -April 121 4635 April 09 2001 Page 31 Total for Self - Insurance Fund Reimburse Medicare prem -April 225 4635 Reimburse Medicare prem -April 225 4635 Total for Firemen's Pension Fund 03-02 Billing 868 4210 Processing 868 3101 Slide processing 868 3101 Roller covers,tray liners 868 3101 Paper,coverstock 868 3101 Mat board 868 3101 02-14 Billing 868 4210 Velcro tape,screws,insert 868 3101 Fender wash 868 3101 Wax refills,filter,paper towel 868 3101 February Scan charges 868 4210 03-14 Billing 868 4210 03-14 Billing 868 4210 Office supplies a/c 4260802 868 3101 03-23 Billing 868 4210 Total for Esther Webster Trust Fund "Pass the Buck' funds 657 2399100 Amount 12,631.30 15,609.00 7,019.00 45.50 94.00 50.00 75.00 68.00 57.80 166.68 200.00 2,500.00 459.51 50.00 48.00 50.00 64.00 45.50 85.00 46.10 46.10 330.00 65.70 120,312.75 45.50 46.80 92.30 7.81 8.38 16.77 8.15 37.87 12.66 63.60 20.75 .90 7.24 77.00 23.45 61.77 70.41 60.50 477.26 2,000.00 63 01/04/09-09:46 City of Port Angeles - LIVE MACHINE CHECK REGISTER Date From 03/10/2001 To 04/06/2001 Fnd Dpt Check Vendor Vendor Description GL Code Number Name Number Number 697 62910 Tutton, Thomas A 20307 698 62753 Flex -Plan Services (Payroll) 06062 62775 Office of Support Enforcement 15072 62776 Office of Support Enforcement 15166 62801 States West Life Insurance Co. 19313 62808 US Department of Education 21075 62810 United Way (payroll) 21028 62815 Volunteer Fire Association 22060 62924 AFSCME Local #1619 01152 62925 AFSCME Local #1619 Scholarship 01153 62954 DiMartino/WSCFF Disability 06052 62957 Employees Association 05041 62961 Firefighter's Local #656 06076 62962 Flex -Plan Services (Payroll) 06062 62973 IBEW Local #997 09034 62993 Office of Support Enforcement 15072 62994 Office of Support Enforcement 15166 63000 Police Association 16156 63018 Teamsters Local #589 20056 63020 US Department of Education 21075 63021 United Way (payroll) 21028 63027 WSCCCE, AFSCME, AFL-CIO 23167 m April 09 2001 Page 32 Total for Utility Contribution Program Refund Medic overpayment 697 2391000 Total for Accts.Receivable Clearing Fund Payroll deductions pe 03-18 698 2315210 Payroll deductions pe 03-18 698 2315210 Payroll deductions pe 03-18 698 2315210 April premium 698 2315160 Payroll deductions pe 03-18 698 2315210 Payroll deductions pe 03-18 698 2315240 Payroll deductions pe 03-18 698 2315210 Payroll deductions pe 04-01 698 2315200 Payroll deductions pe 04-01 698 2315200 Payrol deductions pe 04-01 698 2315190 Payroll deductions pe 04-01 698 2315210 Payroll deductions pe 04-01 698 2315200 Payroll deductions pe 04-01 698 2315210 Payroll deductions pe 04-01 698 2315200 Payroll deductions pe 04-01 698 2315210 Payroll deductions pe 04-01 698 2315210 Payroll deductions pe 04-01 698 2315210 Payroll deductiions pe 04-01 698 2315200 Payroll deductions pe 04-01 698 2315210 Payroll deductions pe 04-01 ' 698 2315240 Payroll deductions pe 04-01 698 2315200 Total for Accounts Payable Clearing Fund Grand Total 0 Amount C U NGELES DATE: April 17, 2001 TO: MAYOR DOYLE AND CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works and Utilities SUBJECT: Construction Contract Change Order Procedures Summar, The existing resolution governing change orders is unclear and inconsistent. It is proposed to streamline and clarify the process. Recommendation: Adopt the proposed resolution granting the City Manager authority to issue construction change orders as follows: 1) For contracts valued at $100,000 or less a total of all change orders may be issued not to exceed $15,000 and 2) For contracts valued at $100,001 or more a total of all change orders may be issued for 15% of the original contract value not to exceed $100,000. Background / Anal The Public Works and Utilities Department issues numerous construction contracts during the year to accomplish various projects in the areas of water, electric, sewer, paving, etc. A normal process associated with contracting is the issuance of change orders. In many cases change orders must be issued in a timely manner to provide direction and reduce the potential for paying delay costs known as extended overhead. The City passed Resolution Number 7-91 granting the City Manager, Director of Public Works and Director of City Light authority to issue change orders with the following limitations: a. total increase or decrease in the contract amount, as a result of the change order, does not exceed the greater of $15,000 or 10% of the original contract amount. b. 15% for contracts originally valued under $100,000 c. 10% for contracts originally valued over $100,000 d. Maximum authority for the City Manager to approve individual change orders is $100,000 e. the total contract amount as adjusted by the change order is within the amount budgeted. £ change order does not substantially change the scope of the project g. Director of Public Works and Director of City Light is authorized to issue change orders not to exceed a total of $5,000 isChange orders not meeting the above parameters shall be authorized by the City Council. 65 City Council RE: Change Orders Page 2 The existing procedures are unclear and inconsistent. For example, if a contract is valued at $99,000 the City Manager has authority to issue a change order for $14,850. If an other contract is valued at $101,000 the City Manager only has authority to issue a change order for $10,100. The City Manager actually has less authority for issuing change orders for the higher valued contract. It is recommended that the change order authority for the City Manager be streamlined as follows: a. For contracts valued at $100,000 or less, a total of all change orders may be issued not to exceed $15,000. b. For contracts valued at $100,001 or more, a total of all change orders may be issued for 15% of the original contract value not to exceed $100,000. The resolution also deletes the Director of Public Works and Director of City Light and replaces them with the Director of Public Works and Utilities. No other changes are recommended. The attached resolution is provided for consideration. . N AGLENN\chg_order.wpd • RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, authorizing the approval of change orders for construction contracts under certain circumstances, establishing a procedure for City Council review, and repealing Resolution 7-91. WHEREAS, change orders, which are revisions to a construction contract, are an part of construction contracts that are administered by the Public Works and Utilities and WHEREAS, decisions on change orders must often be made immediately to allow the to continue with the work with a minimum of administrative delay; and WHEREAS, the City of Port Angeles desires to establish a formal policy and procedure ich would allow the City Manager and the Director of Public Works and Utilities to approve orders under certain circumstances; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port as follows: Section 1. In accordance with the terms and conditions of this Resolution, the City inager and the Director of Public Works and Utilities are hereby authorized and directed to )rove and sign construction contract change orders on construction contracts, if the change order ;s not substantially change the scope of the project and if the total contract amount as adjusted the change order is within the amount budgeted for the project. Section 2. a. If the total amount of the change orders for a project is $5,000 or less, the Director of Public Works and Utilities may approve and sign the change orders. b. If the amount of the change order is between $5,000 and $100,000, it must also -I- be approved and signed by the City Manager provided that (1) The total of all change orders for a project costing less than $100,000 shall not exceed $15,000. (2) The total of all change orders for a project costing $100,000 or more may be issued for 15% of the original contract amount not to exceed $100,000. C. If the amount of the change order is in excess of the City Manager's authority, it must be approved by the City Council. Section 3. When the City Manager or Director of Public Works and Utilities approves signs change orders according to the conditions stated in Sections 1 and 2, he shall forward the ige order to the City Council for its information within thirty (30) days of the signing of the i2e order. Section 4. If the change order does not meet the conditions set forth in Section 1, the Manager or Director of Public Works and Utilities shall submit the change order to the City icil for approval in advance of his approval and signing of the change order. Section 5. Resolution 7-91 is hereby repealed. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of , 2001. TTEST: J. Upton, City Clerk AS TO FORM: D. Knutson, City Attorney -2- MAYOR • • C RESOLUTION NO. A RESOLUTION of the City Council of the City of Po Angeles, Washington, authorizing the approval of change orders fo construction contracts under certain circumstances, establishing a pr cedure for City review, and repealing Resolution 7-91. WHEREAS, change orders, which are revisions part of construction contracts that are and WHEREAS, decisions on change orders to continue with the work with a WHEREAS, the City of Port Angeles would allow the City Manager and the orders under certain circumstances; construction contract, are an the Public Works and Utilities often be made immediately to allow the of administrative delay; and to establish a formal policy and procedure of Public Works and Utilities to approve NOW, THEREFORE, BEAT RESOLVED by the City Council of the City of Port as follows: Section 1. Inaccord ce with the terms and conditions of this Resolution, the City onager and the Director ofI ic Works and Utilities are hereby authorized and directed to )rove and sign construction c ntract change orders on construction contracts, if the change order ;s not substantially change a scope of the project and if the total contract amount as adjusted the change order is withi he amount budgeted for the project. Section 2. a. If th total amount of the change orders for a project is $5,000 or less, the Dirtor of Public Works and Utilities may approve and sign the change orders. b. If the amount of the change order is between $5,000 and $100,000, it must also -1- 101 be approved and signed by the City Manager provided that (1) The total of all change orders for a project costing less th $100, shall not exceed $15,000. / (2) The total of all change orders for a project costing $1 0,000 or more may be issued for 15% of the original contract amo nt not to exceed $100,000. C. If the amount of the change order is in excess of theCi Manager's authority, it must be approved by the City Council. / Section 3. When the City Manager or Director of Public orks and Utilities approves signs change orders according to the conditions stated in Sectio 1 and 2 he shall forward the ige order to the City Council for its information within thi (30) days of the signing of the we order. Section 4. If the change order does notg eet theonditions set forth in Section 1, the Manager or Director of Public Works and Utes sh 1 submit the change order to the City icil for approval in advance of his approval and signi g of the change order. Section 5. Resolution 7-91 is hereby PASSED by the City Council of the Cita/ of Port Angeles at a regular meeting of sai Council held on the day of kTTEST: J. Upton, City Clerk AS TO FORM: ig D. Knutson, City m -2- 2001. MAYOR • CITY OF; 0 .... ­.- RT NGES L A. = WAS H I N G T O N, U.S.A. If : CITY COUNCIL MEMO DATE: APRIL 9, 2001 TO: MAYOR DOYLE AND CITY COUNCIL FROM: Timothy J. Smith, Economic Development Di ctor SUBJECT: City / PADA Contract Year 2001 Summary: Consistent with the City's efforts toward downtown revitalization and the 2001 City Budget, staff has prepared the attached contract with the Port Angeles Downtown Association (PADA) for the provision of services during the year 2001. The proposed contract provides support which will allow the PADA to continue as a member of the national Main Street Program (at the "Partner level" with State of WA), and will also provide help to maintain off-street public parking infrastructure and related services in downtown Port Angeles. Recommendation: City Council authorize the Mayor to sign the attached contract with the Port Angeles Downtown Association for 2001. Background / Analysis: Consistent with the 2001 City Budget, staff has prepared the attached contract with the Port Angeles Downtown Association. The agreement outlines terms and condition toward joint downtown revitalization efforts by the City and PADA, services, products and delivery time frames, and has been developed consistent with the 2001 Work Plan for the City Economic Development Program, Port Angeles Works! The contract for 2001 is similar to previous annual agreements to include typical services found in earlier contracts. Highlights of the agreement include: Orizanization In order to broaden community knowledge and involvement in downtown and to further mutual efforts to strengthen, rebuild, and revitalize the downtown Port Angeles, the PA1PA will employ the services of a full-time executive director to manage the Port Angeles Main Street Program in accordance with the Washington State Main Street and National Main Street Programs. Promotion. The PADA will coordinate efforts at promoting and marketing downtown Port Angeles, and the City will facilitate such efforts by providing in kind services in the form of staff assistance for setup and cleanup of special events. Design. The PADA will coordinate and implement measures to improve the design qualities and physical appearance of downtown Port Angeles, including building facades, window displays, signage, public art and all other elements that contribute to the visual message about downtown Port Angeles. The City will support the PADA's efforts by providing 50% matching funds to market and assist property owners interested in upgrading buildings (up to $300 per property or business). Economic Restructuring Through the Main Street Program, the PADA will assist expansion efforts of existing businesses and the recruitment and location of new businesses in order to enhance the competitiveness of the downtown commercial core. The City will support the PADA's efforts by continuing to place downtown City projects as a high priority. Parking Lot Management Pursuant to an existing agreement between the parties, the PADA will continue to manage the City - owned, off street parking lots in the downtown area, including landscape maintenance, pavement - sweeping, insurance, seal coating and major asphalt repair. The City will facilitate the PADAs parking lot management activities by assisting with parking lot litter control, paint striping, minor asphalt repair, sign maintenance, weed control, wheelstop maintenance, stairway maintenance, and utility service costs associated with downtown parking lot safety and restroom use. The contract includes $15,000 cash, plus in-kind support services towards litter/weed control, safety lighting and restroom utilities, and maintenance repairs. The term of the proposed contact is proposed from January 1, 2001 to December 31, 2001. 70 • AGREEMENT THIS AGREEMENT is entered into this day of , 2001, by and between the City of Port Angeles ("City") and the Port Angeles Downtown Association ("PADA"). WHEREAS, the City is authorized by state law to render local social, cultural, recreational, educational, and governmental services and to engage in economic development activities; and WHEREAS, as the commercial hub of Port Angeles, the downtown area is vital to the economic health of the City; and WHEREAS, City government derives sales tax revenues from downtown businesses, which revenues would be enhanced by efforts to strengthen and revitalize the downtown area; and WHEREAS, the City of Port Angeles and the Port Angeles Downtown Association have previously cooperated in various activities for the purpose of maintaining and strengthening the existing economic base of downtown Port Angeles; and WHEREAS, City and PADA cooperative efforts have included the acquisition, development, maintenance and management of off street downtown parking lots, participation in the Washington State Main Street Program, the development, adoption and implementation of downtown sign regulations, downtown beautification projects, and other related activities; and WHEREAS, the City and the PADA find it necessary and desirable to enter into an agreement setting forth additional ways to further the mutual efforts to strengthen, rebuild, and revitalize the physical, economic, social and cultural environment in downtown Port Angeles; 0 NOW, THEREFORE, in consideration of the above representations and the promises and covenants set forth herein, the parties hereby agree as follows: 1. PERFORMANCE BY THE PADA. A. ORGANIZATION AND COMMUNICATION. In order to broaden community knowledge and involvement in downtown and to further mutual efforts to strengthen, rebuild, and revitalize the downtown Port Angeles, the PADA will employ the services of a full-time executive director to manage the Port Angeles Main Street Program in accordance with the Washington State Main Street and National Main Street Programs, providing assistance in directing PADA organizational efforts, facilitating regularly scheduled meetings of the membership, coordinating activities, and the development and distribution of newsletters and other communication materials to the membership and others in the community. B. PROMOTION. The PADA will coordinate efforts at promoting and marketing downtown Port Angeles, and the City will facilitate such efforts by providing inkind services in the form of staff assistance for setup and cleanup of special events, which services and assistance will be provided on a case-by-case basis with adequate advance notice and availability and subject to the discretion of the City Manager. C. DESIGN. The PADA will coordinate and implement measures to improve the design qualities and physical appearance of downtown Port Angeles, including building facades, window displays, signage, public art and all other elements that contribute to the visual message about downtown Port Angeles. The City will support the PADA's efforts by providing 50% matching funds to market and assist property owners interested in upgrading buildings (up to $300 per property or business). The City's financial support shall also be subject to the appropriation of funds is in the City's annual budget and to receipt by the City of appropriate documentation that the projects will accomplish the purpose as stated herein. 71 D. ECONOMIC RESTRUCTURING. Through the Main Street Program, the PADA will assist expansion efforts of existing businesses and the recruitment and location of new businesses in order to enhance the competitiveness of the downtown commercial core. The City will support the PADA's efforts by continuing to place downtown City projects as a high priority. E. PARKING MANAGEMENT. Pursuant to an existing agreement between the parties, the PADA will continue to manage the City -owned, off street parking lots in the downtown area, including landscape maintenance, pavement sweeping, insurance, seal coating and major asphalt repair. The City will facilitate the PADA's parking lot management activities by assisting with parking lot litter control, paint striping, minor asphalt repair, sign maintenance, weed control, wheelstop maintenance, stairway maintenance, and utility service costs associated with downtown parking lot safety and restroom use, provided that the cost of such assistance shall not exceed $10,500 in the form of inkind services, subject to the discretion of the City Manager and consistent with the City's annual budget. F. REPORTING. The PADA shall maintain records and report to the City as follows: (1) The PADA shall maintain accounts and records that accurately reflect the revenues and costs for the activities under this Contract. These financial records, and all records related to the performance of this Contract, shall be available for City inspection. (2) The PADA shall provide the City with quarterly reports fully describing what work has been performed pursuant to this Contract, and including the Washington Downtown Revitalization Services Managers Quarterly Report as submitted to the State of Washington consistent with the Washington State Main Street Program. (3) The PADA shall use its best efforts to economize on overhead expenses to the maximum extent feasible in providing the services to be performed pursuant to this Contract. . (4) The PADA shall provide the City with an annual budget. 2. PERFORMANCE BY THE CITY. A. For the services outlined under paragraphs 1 A -1 E rendered by the PADA, the City will provide, by quarterly payments, the total amount of $15,000. B. Payment by the City shall be due upon receipt and acceptance by the City Manager of the PADA's quarterly report as required under paragraph IF of this contract. The PADA will invoice the City for all quarterly payments. 3. RELATIONSHIP. The relationship of the PADA and the City shall be that of independent contracting entities. The PADA will be responsible for its officers, members and employees, and the City will be responsible for its officials and employees, while they are performing services pursuant to this agreement. 4. HOLD HARMLESS AND INSURANCE. The PADA shall indemnify, defend, and hold harmless the City, its officers, employees and agents, from any and all claims, injuries, damages, losses or suits, including attorney's fees arising out of or in connection with the performance of this agreement. The PADA shall provide a Certificate of Insurance evidencing occurrence -based Commercial General Liability insurance with limits of no less than $1,000,000 combined single limit per occurrence, with the City shown as a named additional insured. 72 5. TERM. The term of this agreement shall be from January 1, 2001 to December 31, 2001. IN WITNESS WHEREOF, the City and the PADA have executed this agreement to take effect on the date and year first written above. CITY OF PORT ANGELES :S Title F: W GREEMENTS &CONTRACTS\PADA-2001 • • PORT ANGELES DOWNTOWN ASSOCIATION By Title 3 73 • • 74 • GELES DATE: APRIL 9, 2001 To: MAYOR DOYLE AND CITY COUNCIL FROM: Timothy J. Smith, Economic Development Dire of SUBJECT: City / EDC Contract Year 2001 Summary: Consistent with the 2001 City Budget, staff has prepared the attached contract with Clallam County EDC for the provision of services during the year 2001. The contract, which is similar to previous annual agreements to include typical services found in earlier contracts, provides for the City's contribution to the county -wide partnership toward economic development, and for the services provided by the EDC star Recommendation: City Council authorize the Mayor to sign the attached contract with the Clallam County Economic Development Council for 2001. Background / Analysis: Consistent with the 2001 City Budget, staff has prepared the attached contract with Clallam County EDC for the provision of economic development services. The agreement outlines terms, conditions, services, products and delivery time frames, and has been developed consistent with the 2001 Work Plan for the City Economic Development Program, Port Angeles Works! The contract for 2001 is similar to previous annual agreements to include typical services found in earlier contracts. Highlights of the agreement include: General Performance by the EDC The EDC will use its capabilities to promote and enhance economic development and employment opportunities in the City in accordance with the mission and goals established by the EDC Board of Directors. The EDC shall use its resources to jointly market the facilities and capabilities of the City to new and existing businesses with the goals of increasing City revenues and general employment opportunities for City residents. Core Business Recruitment and Assistance Program. The EDC and City will work cooperatively in the development and implementation of the Port Angeles Works Program and partner as a general economic development research and reference service for the City. In this capacity the EDC shall perform such functions as conducting ongoing basic market research, identification oftarget markets, provision ofgeneric 75 regional marketing and recruitment services aimed at target markets, participating with the City in the process of responding to inquiries, site selection consultation, and case management, regarding new industries or other commercial ventures which seek information concerning the facilities and resources managed by the City or which may involve properties and/or infrastructure within the Port Angeles Urban Growth Area (UGA). The EDC will also assist the City in preparing replies to inquires received by the City or the EDC regarding City facilities and resources or which may involve properties and/or infrastructure within the Port Angeles Urban Growth Area (UGA) relative to economic development retention and growth opportunities. The contract amount for the year 2001 is $33,000, plus $2,500 in in-kind telephone services. WE U • • AGREEMENT THIS AGREEMENT is entered into this day of , 2001, by and between the City of Port Angeles, Washington, a municipal corporation, hereinafter called "City", and the Clallam County Economic Development Council, Inc., a non-profit corporation, hereinafter called "Contractor". WHEREAS, the City is a municipal corporation of the State of Washington authorized to contract for economic development services; and, WHEREAS, it is in the public interest for economic development activities to be performed that will enhance the economy and employment opportunities in the City of Port Angeles; and, WHEREAS, the City has need of research and assistance in regards to these and other aspects of its operations; NOW, THEREFORE, in consideration of the above representations and the mutual covenants and agreements herein, it is agreed by the parties as follows: 1. PERFORMANCE BY THE CONTRACTOR. A. General Goals. The Contractor shall use its capabilities to promote and enhance economic development and employment opportunities in the City in accordance with the mission and goals established by the Contractor's Board of Directors as set forth in the attached Exhibit "A". The Contractor shall use its resources to jointly market the facilities and capabilities of the City to new and existing businesses with the goals of increasing City revenues and general employment opportunities for City residents. - 1 - 77 B. Core Business Recruitment and Assistance Pro g 0 (1) The Contractor shall work cooperatively with the City in the development and implementation of the Port Angeles Works Program and shall serve as a general economic development research and reference service for the City. In this capacity the Contractor shall perform such functions as conducting ongoing basic market research, identification of target markets, provision of generic regional marketing and recruitment services aimed at target markets, participating with the City in the process of responding to inquiries, site selection consultation, and case management, regarding new industries or other commercial ventures which seek information concerning the facilities and resources managed by the City or which may involve properties and/or infrastructure within the Port Angeles Urban Growth Area (UGA). (2) The Contractor shall, upon request, and at reasonable times and in a reasonable manner provide effective industrial marketing guidance to City staff and provide services in the development and execution of programs aimed at better planning, utilization, promotion, and advertisement of community services, facilities, infrastructure, and property. (3) The Contractor shall maintain and enhance working relations with existing businesses to assist them with start-up and expansion needs, technical assistance, access to business counseling and financing resources including aid and assistance to at -risk businesses. (4) The Contractor shall assist the City in preparing replies to inquires received by the City or the Contractor regarding City facilities and resources or which may involve properties and/or infrastructure within the Port Angeles Urban Growth Area (UGA) relative to economic development retention and growth opportunities. (5) The Contractor shall assist the City in applying for and administering economic development related grants, including any potential to support the development of infrastructure or to leverage the Port Angeles Works Program. (6) The Contractor shall maintain a community profile specific to the greater Port Angeles area, which highlights demographic and development data customarily of interest to industrial/commercial developers. (7) The Contractor shall work with the City in the maintenance and periodic update of the Commercial and Industrial Property and Infrastructure Database for the Port Angeles vicinity. (8) The Contractor shall work with the City to research, identify, and implement the addition of new development incentive programs or packages as may be applicable to Port Angeles economic development efforts. - 2 - C7 • C. Prospect Management. The Contractor will be responsible for client services for industrial and business retention, expansion and/or relocation. The Contractor will represent the attributes for appropriate site locations within the City that meet the prospects criteria. In such dealings, the Contractor shall participate in the handling of prospects, in accordance with the following guidelines: (1) Contacts made directly to the Contractor or referred to Contractor by DCTED. (a) The Contractor will provide general information and other data requested by the prospect. Within 24 hours of being contacted regarding a prospect, the Contractor shall notify the City Manager, or his designee, by phone and/or e-mail, regarding details of the contact. (b) If the prospect indicates an interest in specific business locations, the Contractor shall notify other affected parties and property owners as appropriate, make appropriate introductions, and assist in follow-up marketing. (c) If the prospect requests confidentiality, the Contractor will keep the City Manager, or his designee, fully informed without revealing the identity of the prospect. (2) Contacts made directly to the City . (a) The City shall rely on the Contractor to supply recruitment information and services as described in IA and 1B. When the City receives a direct contact or is managing a development prospect and desires support from the Contractor, it need only request such assistance be made within a reasonable time frame, and Contractor will render such assistance. (3) - Public Events, and Media Public events such as media conferences, ground breaking ceremonies, and ribbon cuttings will be coordinated with the City Manager or his designee, the siting jurisdiction, and other affected partners. D. The Contractor shall provide to the City and to such persons as the City may direct, free of additional charge, materials prepared by the Contractor. E. The Contractor shall maintain records and report to the City as follows: (1) The Contractor shall maintain accounts and records that accurately reflect the revenues and costs for the Contractor's activities under this Contract. These financial records, and all records related to the performance of this Contract, shall be available for City inspection. (2) The Contractor shall provide the City with quarterly reports fully describing what work has been performed pursuant to this Contract, and including a current statement of revenues and costs. - 3 - 79 (3) The Contractor shall use its best efforts to economize on overhead expenses to the maximum extent feasible in providing the services to be performed pursuant to this Contract. (4) The Contractor shall provide the City with an annual budget, including current salaries and benefits for all employees and classifications of employees and shall notify the City within 30 days of any increases in salaries or benefits from the previous year. 2. PERFORMANCE BY THE CITY. A. For the "Core" services rendered by the Contractor, the City will provide, by payment in cash, the amount of $33,000 and, in-kind telephone service, in an amount not to exceed $2,500. B. Payment by the City shall be due upon receipt and acceptance by the City Manager of the Contractor's quarterly report as required under Paragraph 1 E of this Contract. The Contractor will invoice the City for all quarterly payments. 3. TERM. This agreement shall be for a term of one year, commencing on January 1, 2001. 4. ASSIGNMENT. This agreement may not be assigned by either party to this agreement except by signed amendment. 0 5. BREACH. A. In the event of either party's material breach of the terms or conditions of this Contract, the non -breaching party reserves the right to withhold payments or services until corrective action has been taken or completed. However, the party shall not exercise this right until they have given written notice of such material breach to the breaching party and ten days have passed since the receipt of such notice. This option is in addition to and not in lieu of the parties' right to terminate this Contract or any other right which State law offers for breach of contract. B. If either party shall materially breach any of the covenants undertaken herein or any of the duties imposed upon it by this Contract, such material breach shall entitle the other party to terminate this Contract, provided that the party desiring to terminate for such cause shall give the offending party at least twenty days' written notice, specifying the particulars wherein it is claimed that there has been a violation hereof, and if at the end of such time, the party notified has not removed the cause of complaint, or remedied the purported violation, then the termination of this Contract shall be deemed complete. 80 • 6. NON-DISCRIMINATION. A. The Contractor shall conduct its business in a manner which assures fair, equal and non- discriminatory treatment of all persons, without respect to race, creed or national origin, and, . in particular: B. The Contractor shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are members of minorities protected by federal equal opportunity/affirmative action requirements; and, C. The Contractor shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non-discriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran's status, disabled veteran condition, physical or mental handicap, or national origin. 7. HOLD HARMLESS AND INDEMNIFICATION. The Contractor shall protect, defend, save harmless, and indemnify the City, its officers, agents, and employees from and against any and all claims, damages, losses, and expenses, including reasonable attorney's fees, occurring, arising, or resulting from supplying work, services, materials, or supplies in connection with the performance of this Contract. 8. ENTIRE CONTRACT. The parties agree that this Contract is the complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded. Further, any modification of this Contract shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto caused this Contract to be executed the day and year first herein above written. CITY OF PORT ANGELES CLALLAM COUNTY ECONOMIC DEVELOPMENT COUNCIL By: Mayor Larry Doyle President ATTEST: Becky J. Upton, City Clerk Vice President APPROVED AS TO FORM: Craig D. Knutson, City Attorney F. \AGREEMENTS&CONTRACTS\edc-2001 81 • • E3�? • • GELES DATE: April 17, 2001 To: . MAYOR DOYLE AND CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works and Utilities SUBJECT: Laurel Street Slide Repair and Stairway Replacement Project 96-05 Summary: The budgeted amount for the Laurel Street slide repair and stairway replacement is not sufficient to complete the total project. The need for slide repairs is immediate and should be completed this year before winter rains. To repair the slide and replace only portions of the wooden stairway needed for the slide repair can be completed this year close to the budgeted funding. The stairway is in need of replacement. However, the stairway replacement is a significant added cost and the design is critical due to its location. To avoid further delays in the slide repair the stairway replacement should be completed as a separate project. The fountain and plaza adjacent to the stairway is a focal point in the downtown area and the stairway replacement should be designed to complement the overall Downtown Sidewalks, Gateway, waterfront, and main street themes. Authorize Director of Public Works and Utilities to proceed with the slide repair and minimal wooden stair repairs only as needed. The stairway replacement is to (developed as a separate project to be coordinated with downtown improvements and included in CFP for future funding considerations. Background / Analysis: The City's consultant, Kenneth Hays Architect, Inc., for the Laurel Street slide repair and stairway replacement, has completed several options for the project. These options were prepared following the initial presentation to Council and further refined following a stakeholder meeting with adjacent motel owners, representatives from downtown associations, Council members, and staff. The Architect involved two local contractors, in addition to his project team, to review the constructability and refine costs of the options selected. The following table along with the attached sketches of options 1 & 2 present the options: OPTION I DESCRIPTION TOTAL COST (All include Slide Repairs) 1 Precast Concrete Tower, Concrete Stairs with Metal Railings $395,000 0 3 Concrete Stairs with Metal Railings $300,000 4 Wooden Stair Replacement with Wooden Railings $238,000 m The highlighted option 2 in the above table was selected at the stakeholder meeting for further refinement prior to presentation to Council. The Architect's cost estimate during the refinement has escalated from $360,000 to $407,000. The current budgeted amount for the total project is not sufficient to complete any of the options shown. The City's original budget estimate for the slide repair and stairway replacement was $200,000 and current estimates for the total project are in the range of $238,000 to $406,000. The need for slide repairs is immediate and should be completed this year before fall rains. The total cost repair the slide and replace only those portions of the wooden stairway needed for the slide repair should be near the current budget of $200,000. As shown in the above table, the primary drivers in the cost escalation is the stairway replacement. The wooden stairs are in need of repair and should be replaced in the near future. The location next to the fountain plaza is a focal point in the downtown area and any enhancement to the stairs should architecturally fit into the overall Downtown Sidewalks, Gateway, waterfront, and main street themes. Due to the immediate need for the slide repair it is recommended that Council authorize proceeding with the slide repair and wooden stair replacements only as needed. We should be able to keep the total costs near the original budget of $200,000. It is further recommended that the stairway replacement element be separated to become a separate project which is coordinated with downtown improvements and included in the CFP for future funding considerations. 2002. Staff will be makingproject presentation to Council and will be available to answer an a P J p y questions which may arise. N:\PROJECTS\96-05\ESTIMATE\cc4 17.wpd • 0 0 xRo Ta �~ N Il F4 Q iL RW W w F+ Z O Q • 0 =1 � Q� �o �r Ysf� W� W w F+ Z O Q • 0 • C 0 NGELES DATE: April 17, 2001 TO: MAYOR DOYLE AND CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works and Utilities SUBJECT: Distribution of Surface Transportation Program (STP) Funds Summary: The distribution of STP Funds to local agencies requires the approval of an inter- local agreement for the years 2001 through 2003. Distribution of funds is proposed to be as follows: Clallam County - 33.34%, City of Port Angeles - 16.74%, and Clallam Transit System, City of Forks, City of Sequim and the Port of Port Angeles each at 12.48 %. Recommendation: Approve and authorize the Mayor to sign the Inter -Local Agreement for the distribution of funds pursuant to the Intermodal Surface Federal Transportation Equity Act. Background / Anal The Surface Transportation Program (STP) is a part of the Intermodal Surface Transportation Equity Act. STP is a program created to fund a broad range of surface transportation needs. Funds are derived from federal gas tax and can be spent on such areas as roads, transit projects, sea and airport access projects, car and van pool facilities, and bicycle facilities and pedestrian walkways. Clallam County is the lead agency for administering the distribution of federal funds for the program. Agencies eligible for funds include cities, ports, counties and transit. The Port and Transit were added into the equation in 1995. The allocation of funds to Clallam County is based upon population after the State set asides funds for special programs such as safety and transportation enhancements. The agencies within the county may allocate funds on a project competition basis or they may determine the allocation of funds in advance. The process should ensure that all agencies are given fair access to the funds. Utilization of funds requires that Federal design standards be met including the need for biological assessments. Clallam County, Sequim, Forks, Port of Port Angeles, Clallam Transit and the City of Port Angeles agreed in the past to divide the funds received based upon a percentage basis as follows: < Historical > < -- Projected-­­),- FY rojected--- -> The County has requested that the same distribution formula used in the 1998 - 2000 agreement be used as the basis for the distribution of the new Federal TEA 21 Funds. The attached agreement incorporates the same method of distribution as in the past and outlines the planned allocation of funds by agency in the amount of $1,499,228 over the three year period, 2001 through 2003 and must be approved by all parties. The existing method of distributing funds has been helpful in the past, permitting agencies to plan on fixed receipt of funds for future years, and not being concerned about designing projects and not receiving funds for execution of the project. It also and permits greater flexibility in allocation of the funds and permits use of the funds as matching funds for other grant and loan requests if so desired. The distribution formula issued in the past is not scientific. The amount of funding to be gained through a change in the formula is not considered beneficial and enters uncertainty into the process. All other parties have given their concurrence to the distribution formula. It is recommended that the City Council approve the attached agreement for distribution of STP Funds. If all parties do not sign the agreement, it will not become effective. N:\GLENN\STP-FUNDS.wpd r� FY 98 FY 99 FY 00 FY 01 ' FY 02 FY 03 Clallam County .......... 33.34% $133,064 $235,132 $238,902 $259,828 - . $120,050 $120,050 City of Port Angeles... 16.74% $66,812 $118,060 $119,952 $130,460 $60,278 $60,278 Sequim .......................12.48% $49,809 $88,015 $89,427 $97,261 544,905 $44,905 Forks...........................12.48% $49,809 $88,015 $89,427 $97,261 $44,905 $44,905 Port of Port Angeles... 12.48% $49,809 $88,015 $89,427 $97,261 $44,905.. $44,905 . Clallam Transit ............ 12.48% $49,809 $88,015 $89,427 $97,261 _ .' 544,905 ;: The County has requested that the same distribution formula used in the 1998 - 2000 agreement be used as the basis for the distribution of the new Federal TEA 21 Funds. The attached agreement incorporates the same method of distribution as in the past and outlines the planned allocation of funds by agency in the amount of $1,499,228 over the three year period, 2001 through 2003 and must be approved by all parties. The existing method of distributing funds has been helpful in the past, permitting agencies to plan on fixed receipt of funds for future years, and not being concerned about designing projects and not receiving funds for execution of the project. It also and permits greater flexibility in allocation of the funds and permits use of the funds as matching funds for other grant and loan requests if so desired. The distribution formula issued in the past is not scientific. The amount of funding to be gained through a change in the formula is not considered beneficial and enters uncertainty into the process. All other parties have given their concurrence to the distribution formula. It is recommended that the City Council approve the attached agreement for distribution of STP Funds. If all parties do not sign the agreement, it will not become effective. N:\GLENN\STP-FUNDS.wpd r� • • • 1 Inter-Lo6ai Agreement forthe 2001-2003 Ciallam County Region STP Funding Allocation THis AGREEMENT is made and entered into by and between certain member agencies of the State of Washington, as defined below, to establish the allocation of Surface Transportation Program funding pursuant to the federal Transportation Equity Act for the 21st Century (TEA -21) of 1998. Definitions For the purpose of this inter -local agreement and all other agreements, contracts and documents executed, adopted or approved pursuant to this agreement, the following terms shall have the meaning prescribed to them within this section unless the context of their use dictates otherwise: (1) Member agency shall mean any local government which is a signatory to this inter -local agreement and is a County, City, Transit Authority or Port Authority within the region; (2) State shall mean the State of Washington; (3) Region shall mean the territory physically lying within the boundaries of Clallam County; (4) STP funds shall mean the federal funds allocated by the State to the Clallam County Region Surface Transportation Program; (5) TEA -21 shall mean the federal Transportation Equity Act for the 21st Century of 1998; (6) Fuel tax shall mean State fuel taxes. (7) CA shall mean Certification of Acceptance Recitals WHEREAS, the member agencies recognize the need and desirability to participate in cooperative decision making by elected officials of said agencies in order to comply with the requirements of TEA -21 concerning the utilization of federally provided transportation revenues; and WHEREAS, the member agencies are eligible to compete for STP funds provided to the region through the State in accordance with TEA -21; and WHEREAS, the member agencies agree to put forth a good faith effort to be in full compliance with the flexible provisions of TEA -21; and WHEREAS, the member agencies will take full opportunity to solicit public participation in their member agency prioritization process; and WHEREAS, the member agencies have received direction and have arrived at consensus amongst themselves as to STP funding allocation policy; and STP Agreement 2001 - 2003 Page 1 of 3 91 WHEREAS, CA member agencies will put forth a good faith effort and be ready to commit a reasonable portion of fuel taxes in any year to non -CA member agencies who desire to replace STP funds with fuel taxes pursuant of the Inter -Local Cooperation Act of 1967, Chapter 39.34 R.C.W.; and WHEREAS, the Clallam County Road Department will provide STP Coordination between member agencies to ensure obligation of STP funding; and WHEREAS, the member agencies are authorized and empowered to enter into this agreement pursuant to Chapter 39.34 R.C.W. THEREFORE, in consideration of mutual promises and covenants contained herein, it is hereby agreed: STP Funding Allocation Schedule: The method and process embodied in the attached STP funding allocation schedule is approved. Borrowing ahead to FFY2003 is allowable. 2. Public Participation: Each member agency shall conduct a public hearing for the prioritization of STP funded projects based on selection criteria. The member agency shall solicit STP funds project applications from the public. 3. Additional Region Allocations: Should Clallam County Region receive more STP funds than $359,948 per year for the term of this agreement, the additional funds shall be proportionately distributed among the member agencies according to the schedule. 4. Replacement of Federal Revenue with Fuel Taxes: Any member agency may purchase, with State fuel taxes, any portion of another member agency's STP allocation at $0.80 to the $1.00. Though fuel taxes are not subject to federal expenditure rules or regulations, the selling member agency agrees to spend such revenues only on transportation facilities and other eligible activities of STP funds. 5. Joint Projects: Whenever possible, the member agencies should consolidate allocations and coordinate joint -projects that will benefit multiple jurisdictions. Joint -projects shall receive extra recognition in the prioritization process. 6. Terms of this Agreement: This agreement shall include the period from January 1, 2001 through December 31, 2003. No member agency shall have the right to withdraw from this inter -local agreement. 7. Effective Date: This agreement shall become effective only if all member agencies listed in number 8 below, become signatories. It shall have full force and effect from and after the date the last agency becomes a signatory. 8. Listing of Member Agencies: Clallam County, Clallam Transit System, City of Forks, City of Port Angeles, City of Sequim and Port of Port Angeles. Adopted by official action on 2001 Agency: By. Title: 92 STP Agreement 2001 - 2003 Page 2 of 3 C7 C7 • Clallam County Region STP Funds Allocation Schedule Member Agency FFY01 FFY02 FFY03 2001-03 Agency Total Funding Allocation Formula Clallam County $259,828 $120,050 $120,050 $499,928 33.34 City of Port Angeles $130,460 $60,278 $60,278 $251,016 16.74 Clallam Transit System $97,261 1 $44,905 $44,905 $187,071 12.48 City of Forks $97,261 $44,905 $44,905 $187,071 12.48 City of Sequim $97,261 $44,905 $44,905 $187,071 12.48 Port of Port Angeles $97,261 $44,905 $44,905 $187,071 12.48 Fiscal Year Total $779,332 $359,948 $359,948 $1,499,228 100% STP Agreement 2001 - 2003 Page 3 of 3 93 • NGELES DATE: April 17, 2001 TO: MAYOR DOYLE AND CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works and Utilities SUBJECT: Hearing Date for Surplus Equipment and Materials Summary: The City has three substation transformers and one substation control center which are no longer needed. A portion of their cost can be recovered by declaring them surplus and selling them. In addition, materials purchased for construction of the landfill cell (bentonite) and the downtown water -main replacement projects (silica sand) are no longer needed and should be sold. Recommendation: Set a public hearing date for May 1, 2001 to declare the transformers, bentonite, and silica sand as surplus. Background / Analysis: The City will have three substation transformers in excess of our needs. In addition, the City has significant excess sand and bentonite left over from the landfill and downtown watermain projects beyond maintenance and repair needs which are taking up valuable storage space. The first 7500 kVA transformer, rated at 69,000 volts to 13,800 volts, has been out of service and has been stored at the pole yard since its removal from Valley Substation in 1995. This transformer was purchased from General Electric Co. in 1963. The City has only one 13,800 volt customer remaining, K -Ply, and they are served from the 12,470 volt system with a step-up transformer bank at their service point. The second 7500 kVA transformer with load tap changer, rated 69,000 volts to 4,160 volts and its associated control center, is located at Washington Substation and is no longer of any use. It was purchased from General Electric Co. in 1971. The completion of the conversion in 2000 of the last of the 4,160 volt system to 12,4.70 volt operation eliminated any future use for this unit. The third 7500 kVA transformer with load tap changer, rated 69,000 volts to 12,470 volts, is located at "I" Street Substation and will be removed from service this summer to be replaced with a larger unit. It was purchased from Westinghouse Electric Co. in 1970. The "I Street 7500 kVA transformer was originally planned for use at the proposed Golf Course Road Substation. However, the construction of a substation at that location is now questionable and it has been delayed indefinitely. City Council Memo Dated 4/17/01 RE: Surplus Equipment and Materials Page 2 • During the landfill cell construction the City included the purchasing of bentonite in the contract to have it in place in the event that our local materials could not meet stringent specifications for lining material permeability. This was done to avoid contract delays due to the long delivery time for bentonite and to assure that we could meet the need to have the liner in place as soon as possible to avoid weather problems. The contractor was able to meet the specifications without significant use of the bentonite. The last lined cell has been constructed at the landfill and we do not anticipate a need for a significant amount beyond that for minor repairs. The bentonite requires covered storage space and the sale will free that space. During the first phase of the Downtown Watermain and Sidewalk Replacement a silica sand was specified for the brick pavers. The gradation of the sand specified was such that it was difficult to work with and we authorized the contractor to utilize an improved gradation to avoid added costs and delays. In lieu of paying for the shipping to return the product we elected to retain what would be reasonablely needed for future maintenance and repair and surplus the balance. The surplus was delayed until the current phase was completed, in case some of the sand could be utilized. As with the bentonite the silica sand is stored under cover at the corporation yard, and the sale will free up needed storage space. The estimated value of the above transformers and materials exceeds $15,000 and a public hearing is required to declare them surplus. It is recommended that Council set the public hearing date for May 1, 2001. 0 NAP WKS\ENGINEER\xfinruac.wpd • 11 • NGELES DATE: April 17, 2001 TO: MAYOR DOYLE AND CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works and Utilities SUBJECT: Bonneville Power Administration Power Supply Situation Summary: Recent press releases by the Bonneville Power Administration reveal that circumstances associated with the drought and spot market prices for power are continuing to get worse. The latest information indicates that the wholesale increases to utility customers could be as high as 250% ifutilities and large industrial customers don't make commitments to reduce energy consumption within the next 60 days. Recommendation: Staff will have a short presentation on the power supply situation for information Background / Analysis: The City currently receives about 76 per -cent of its power supply from the Bonneville Power Administration. The power supply agreement the City recently signed with BPA will extend our power supply at about the same percentage until October 2003, after which we will receive 100% of our power supply from BPA. Market prices for power have risen dramatically since the summer of 2000, and has resulted in significant increases to the expected prices for power supply from BPA. Wholesale rates are now expected to be more than double what was initially released in the BPA administrators record of decision. If a dramatic reduction in load that BPA is required to serve does not materialize in the next 60 days, it is possible that wholesale increases could be much higher. Staff will have a short presentation on the power supply situation and will show projected retail rate implications based on various BPA wholesale rate increases. BPA's account executive to the City will be available at the City Council meeting to answer any questions. N:\PWKS\LIGHT\POWM\MEMOS\cc power situation.wpd 97 �Pa news En PR 23 01 FOR IMMEDIATE RELEASE: MONDAY, April 09, 2001 CONTACT: Ed Mosey or Mike Hansen, (503) 230-5131 Major rate hikes, reliability issues threaten NW power system; The region must cut energy use now to hold down costs PORTLAND, Ore. —The region's federal electricity system is headed for wholesale rate increases of 250 percent or more after Oct. 1 unless its customers—the region's retail utilities and large industrial customers—make commitments to reduce energy use within the next 60 days, the Bonneville Power Administration warned Monday. In January BPA said wholesale rates could rise 60 percent on average for the next five years beginning Oct. 1, 2001, and potentially 95 percent in the first year. Circumstances have gotten worse since then. 0 "Recent developments in the market now require a first-year increase of 250 percent or more, absent vigorous efforts to reduce demand," said Steve Wright, acting BPA administrator. "This could double the retail rates of many Northwest consumers." Wright said an increase of this magnitude would have major economic consequences: "Already some businesses have closed and people are out of work due to high energy costs. Such an increase portends vast economic troubles — more businesses closing their doors and more lost jobs. Those with lower incomes would suffer disproportionately." The drought is leaving the region short of electricity this summer and winter, which could pose reliability problems but, longer term, an underlying energy shortage threatens high costs and difficulties in meeting demand for several years until new power plants, power lines and conservation can be brought on line. Wholesale market prices for power purchases next year have risen dramatically since January. -more- Bonneville Power Administration, 905 N.E. 11 th Avenue, Portland, Oregon 97232 Mailing Address: Media Relations - KC7, P.O. Box 3621, Portland, OR 97208-3621 Phone: (503) 230-5131 Fax: (503) 230-5884 Web site: http://www.bpa.gov 0 2 Wright said BPA is about 2,500 megawatts short of meeting all the demand of its customers on Oct. 1, when new power sales contracts take effect. So BPA must purchase power on the market, where prices have exploded from $25 per megawatt -hour to $300 in just over one year. Wright went on to say BPA and the region have two choices. BPA can ask each of its customers for difficult but manageable load reductions, which would result in much lower rate increases and more stable rates. Or BPA can go into the market and attempt to buy the necessary power and raise rates to cover the costs. Wright said, "Asking for some load reduction from each customer, though difficult, looks like a better choice for the region than over -relying on the market." Wright described the following actions that BPA would ask from each of its customer groups: 1. Publicly owned utilities should cut their purchases from BPA by 5-10 percent. This can be done through retail rate incentives as well as, focused conservation and load -buyback programs. 2. Investor-owned utilities should make a parallel commitment. Radical increases in market rates have vastly expanded the value obtained by these utilities under a formula in new contracts signed with BPA. As a result, the utilities are in a position to forgo or defer some of this value and thereby reduce economic impacts on the region. 3. It is highly likely that most aluminum plants will find it uneconomical to resume operation for one to two years, until market prices for electricity stabilize. Wright urged those companies to agree now to stay offline for up to two years, so that BPA does not have to buy power to cover the possibility that they could resume operation in October. Wright said that it is not BPA's intent to drive the aluminum industry out of the region. Rather, the plants should resume operations when the power situation stabilizes. During the downtime, BPA would provide funding for employee compensation to minimize impacts on local communities. 4. Wright also joined with the Northwest governors and other regional utilities in a continuing plea for citizens to conserve energy. "This crisis is very real. Saving energy will not only help keep the lights on, but it also is the best way to save on power bills and help save the environment at the same time," he said. -more- Bonneville Power Administration, 905 N.E. i i th Avenue, Portland, Oregon 97232 Mailing Address: Media Relations - KC7, P.O. Box 3621, Portland, OR 97208-3621 Phone: (503) 230-5131 Fax: (503) 230-5884 Web site: http://www.bpa.gov m Wright cited the woes in California, noting that the crisis in that state has taught some very important lessons. "We can learn from California's problems and seek to avoid them. We need to do everything we can to avoid power purchases in this incredibly expensive market, and we also need to make sure we set our rates high enough so we can cover our costs to assure generators get paid when they deliver power so that we don't put our credit at risk. "We must seize control of our destiny. If everyone in the region pulls together, we can keep the electricity flowing and our rates down. But if we don't act now, very large rate increases are virtually unavoidable." He cautioned that BPA must raise rates enough to pay its obligations to the U.S. Treasury on money borrowed to build the federal power system. "There are those in Congress who see our current weakness as an opportunity to deprive the region of the future benefits of Columbia River hydropower," said Wright. "Failure to pay our debts would only further their cause, with potentially disastrous future consequences to the region." "It must be remembered that the core of the federal power system that serves the Northwest is very low-cost and reliable," Wright said. "It is the cost of purchasing power on the open market that is driving the size of this rate increase. As the market price decreases, BPA's need for additional revenue will also decrease." Commitments to take action to reduce the size of the rate increase are needed within the next 60 days. This will allow time for BPA to submit its new rates to the Federal Energy Regulatory Commission for approval and to purchase power necessary to serve load beginning October 1. BPA's proposed rates will go into effect beginning October 1. Those rates include an adjustment clause that will vary every six months, depending on the amount of power BPA has to buy and the market price. Forecasts of market prices anticipate lower costs in future years as the region's supply and demand come into better balance. -more- Bonneville rower Administration, 905 N.E. 11 th Avenue, Portland, Oregon 97232 Mailing Address: Media Relations - KC7, P.O. Box 3621, Portland, OR 97208-3621 Phone: (503) 230-5131 Fax: (503) 230-5884 Web site: http://www.bpa.gov 4 Wright also called on the region to make infrastructure investments, such as upgrading power lines, which can more rapidly bring supply and demand into balance and thereby lead to lower wholesale power costs. Infrastructure investments are the long- term solution, Wright said BPA is a not-for-profit federal agency. BPA is required by law to pass through all its power costs to its electric utility and direct service industrial customers. For electronic version go to www.bpa.gov and click on the Media Center icon. Bonneville Power Administration, 905 N.E. 11 th Avenue, Portland, Oregon 97232 Mailing Address: Media Relations - KC7, P.O. Box 3621, Portland, OR 97208-3621 Phone: (503) 230-5131 Fax: (503) 230-5884 Web site: http://www.bpa.gov 101 • • 102 Reducing BPA's Wholesale Power Rate Increases Managing through a short-term crisis to ensure long-term benefits By Stephen Wright Acting Administrator, Bonneville Power Administration April 9, 2001 Last January, I sent out a letter to Northwest citizens that caused some shock waves. That was my intent. I believe it is important to warn of bad news while there is still time to take actions that can lessen the impact. At the time, I said that, if certain conditions persisted, BPA's customers --Pacific Northwest utilities and direct -service industries --could face a significant rate increase for the wholesale power they buy from the Bonneville Power Administration. The figures I cited then were for an average rate increase of 60 percent over the five-year rate period that starts this coming October. I cautioned that the increase could be as high as 90 percent in the first year. Unfortunately, the situation has worsened. It now appears possible that, without the kinds of action that I am about to call for today, the first-year increase could be 250 percent or more. If that were to occur, it likely would translate into doubling the retail rates in many utility service areas. An increase of this magnitude would have widespread economic consequences. Already, we are seeing some businesses curtail operations or even close as a result of high energy prices. With such an increase, we'd surely see more businesses close and more job losses, with people with lower incomes suffering disproportionately. In addition, a weak economy frequently translates into less public support for environmental protection. I don't believe these consequences are acceptable. More importantly, I don't believe they are inevitable. That's why I am here today to call for some very specific actions and to call on all stakeholders in the Pacific Northwest to own part of the process that will help us avert an economic blow to our region. I believe we can get the rate increase down to a manageable level, but we need to make some tough decisions, and we have little more than 60 days to do this. BPA's rates, which will go into effect in October, should be submitted to the Federal Energy Regulatory Commission in June. First, let me review what has led us to this point. Some of it you already know. We are experiencing the second worst water year in 72 years of record-keeping. According to a report released by the Northwest Power Planning Council, if the drought persists, the hydropower generating capability in the Northwest from March through August will be 4,700 megawatts below normal over those months --the equivalent power consumed by four Seattles. The implications are ominous since the Northwest relies on hydropower for nearly three-quarters of its electricity. But the summer drought is only the immediate crisis. We are becoming increasingly concerned about power supply for the coming winter. Canadian reservoirs, 10 2 which store half the system's water, are extremely low this year, which means we could start next year with less than a full tank. if that were to happen, and especially if we have a second dry year in a row, electricity reliability wouldn't be the only thing at risk. Low reservoir levels also raise concerns for salmon and steelhead next year. Low water combined with a tight wholesale power market and skyrocketing power prices is a devastating combination. The fiasco in California has helped drive wholesale electricity prices to unprecedented levels. When we completed our new Subscription power contracts last fall, BPA's contractual obligations added up to approximately 11,000 megawatts --about 3,000 megawatts more than our current generating resources can provide on a firm basis. The only way we can meet our obligations is to buy the vast majority of the additional power in a wholesale power market where supplies are tight and prices are sky high. This is what is driving rates up. This year, due to the high power prices, BPA has not been able to purchase sufficient power to ensure system reliability. Consequently, we have periodically declared power system emergencies. These emergency declarations have allowed us to increase power generation from the river and reduce operations that offer benefits to migrating juvenile fish. The increased generation has reduced the amount of water that is normally stored at this time of year so that it can be used to augment spring and summer river flows. While there may be some impact on fish, by far the major impact on fish is the drought itself, not the emergency power operations. We are continuing to implement all other aspects of the federal measures for fish recovery. Currently, we are operating the river on an emergency basis, and we can continue some fish spill or flow augmentation only as long as water volume does not dip much below current estimates. The record low runoff is a water volume of 53 million -acre feet. As of last week, the volume forecasts had dropped to 56 million -acre feet, which is 53 percent of the normal runoff. This severely limits our flexibility to do much more than meet power needs. Beyond the current drought, high power prices are expected to continue until significant new generation and additional conservation measures are put in place. This will take a couple of years at best. And, we can't expect much help from Canada, which also is suffering drought, nor any help from California, which is in the throes of an electricity restructuring crisis. We must focus instead on what we can control if we expect to minimize the size of the coming wholesale rate increase. The most immediate and direct way to decrease the size of next year's rate increase is quite simply to decrease the amount of power BPA has to buy in the market. We already have taken a number of extraordinary steps in this direction. We have promoted conservation aggressively and sought voluntary curtailments in power use. We have begun to purchase curtailments from our direct service industrial customers and from irrigators who are served by our utility customers. We have offered innovative 3 incentives for development of conservation and renewables, and we have engaged in beneficial 2-for-1 power exchanges with California. We also are continuing to collaborate with the Corps of Engineers and Bureau of Reclamation to increase the productive capability of the federal power system. But even these extraordinary measures haven't been enough in the face of the triple whammy of historic low water conditions, an extremely tight power market and enormous volatility in power prices. We now need to up the ante if we are to get the rate increase for the next year down to a manageable level. We literally are at a crossroads, and the region has essentially two options. Path A is to wait and see where market prices settle in June. Under this scenario, we'd rely on cost recovery mechanisms to kick up rates if prices remain high. We would take no special actions and we wouldn't push or negotiate with our customer groups to secure load reductions. The risk is that, if market prices stay the same, we could expect to see a first year rate increase in the 200 to 300 percent range, and possibly greater. Then there's Path B, which calls for aggressive and immediate steps to reduce the size of the rate increase by reducing the amount of electricity demand put on BPA. Under this scenario, BPA would not have to buy as large an amount of power in a very expensive wholesale power market. It's a strategy that calls on our customers and other stakeholders to share a sacrifice by reducing their demands for power. It requires significant, and I mean significant, contributions from all customer groups. It could keep the first-year rate increase below 100 percent. I believe Path B is the course we must choose, so let me lay out some of the actions that will move us along this path. As I discuss this path, let me outline the principles I believe are key to reducing rates. First, rates must be set to cover costs if we are to avoid creating a credit problem, which could lead to refusals to sell to us in the future. We must also cover our costs to ensure we preserve the benefits of the federal hydropower system over the long term, which is essentially the bottom line. Second, the situation is urgent. We must act quickly because rates must be in effect this coming October 1. As I said earlier, our rate proposal is due in to the Federal Energy Regulatory Commission in June. Third, our problem is caused by a significant exposure to a volatile market in the first one -to -two years of the rate period. If we are to manage a reduction in the rate increase, we must reduce our exposure to that market by reducing demand for energy, increasing our supply and minimizing the short and long-term damage to the region's economy. Fourth, contributions to the solution are needed from all customers. We can't play a game a chicken where each party waits for the other to step forward. If that happens, no one will step forward. Each group must contribute if we are to preserve an equitable distribution of the benefits of our hydropower resource. 105 4 Actions needed Given those principles, let me outline the actions we as a region need to take. We need a three -pronged approach that includes curtailment of power use, conservation --or more efficient use of power --and power buybacks. This needs to happen across all four states, across public and private power, and across all sectors of energy use --industrial, commercial, agricultural and residential. It will take all of us working together if we are to avoid severe economic hardships for the region. Let me be clear; what I am about to suggest requires a great deal of sacrifice, but the alternative is to suffer far more serious consequences. We are beginning negotiations now with our customers. If people don't come to the table with reductions in their demand for electricity, a very large and very damaging rate increase is inevitable. First, we are calling on our public utility customers to make a contribution to the solution. We need every utility customer to reduce its Subscription purchases from BPA by 5 to 10 percent. BPA's rate increases will spur some of this reduction, but more focused efforts are needed if we are going to achieve significant savings. We are willing to make modest incentive payments to help achieve this, but the incentive payments cannot be large or they will defeat the intended effect. We are running several demand-side management initiatives including a conservation and renewables discount, a conservation augmentation program and a demand exchange program. In addition, we now are discussing the potential for new programs to provide incentives to our public utility customers to adopt innovative retail rate structures that encourage their consumers to conserve energy. Second, we are calling on investor-owned utilities to make a contribution. When our new rates go into effect this October, investor-owned utilities --or IOUs --will receive sizable benefits from BPA for their residential and small farm customers as a result of a the residential exchange. Under this program, as it is set out in the Subscription period, 1,900 average megawatts of financial and power benefits are scheduled to go to the IOUs. But, because of dramatic changes in market prices, the estimated value of these benefits has increased enormously since they were negotiated a year ago. By 2002, the value will be 10 times higher than the negotiations intended to capture. As a result, IOUs are in a position to reduce their Subscription demand significantly and still enjoy benefits in excess of anything they have experienced in the 20 -year history of the residential exchange. Third, we are asking our direct service industries --or DSIs--to agree not to take power from us for up to the first two years of the rate period in return for certain limited compensation to the companies and their workers. It is our expectation that the companies would not be able to operate given a potential tripling of our rates anyway. Coming to an agreement now that the plants will not operate would allow BPA to avoid making power purchases, thereby decreasing our rates for all remaining customers. 106 • • 5 It is not our intention to drive the aluminum industry out of the region, but we are continuing to encourage the industry to move off of BPA power supplies after the 2006 rate period because we do not have a statutory obligation to continue to serve them. The customers we are obligated to serve --the region's retail electric utilities --need more than our current generation resources can produce. We will work with these companies to help them find a means to operate profitably in the long run without relying on BPA. Almost all of the DSIs are already shut down until this fall, and their power is being remarketed to support Northwest needs during the current drought. These buydowns played a key role in keeping the lights on this winter and in maintaining reservoir levels higher than they otherwise would have been. Fourth, I am urging all citizens of the Northwest to heed the call of our governors to reduce electricity consumption by 10 percent through eliminating waste and using electricity more efficiently. There are a number of common sense measures we can all take, and one good place to start right now is to go out and replace conventional light bulbs with compact fluorescents, which consume about 20 percent of the electricity used by regular bulbs for the same amount of light. These four sets of actions that I have described are urgently needed between now and June if we are to avert grave near-term economic consequences. These are difficult actions. But, with hindsight, we can learn from the problems California experienced and seek to avoid them. We need to do everything we can to avoid power purchases in this incredibly expensive market. We also need to make sure we set rates high enough so we can cover our costs to assure generators get paid when they deliver power on a contractual basis so we don't put our credit at risk. We also are looking to longer-term solutions that will help lead to lowering the incredible wholesale power supply prices we are currently experiencing. The fundamental problem is supply and demand being out of balance. Prompt infrastructure investments are needed in generating resources, especially gas-fired and wind -powered generation; gas pipeline capacity and storage; electric power transmission facilities; and energy conservation measures. BPA's rates will now be set on a six-month basis based on our actual costs. If wholesale power prices can be brought down quickly, through infrastructure investments and other actions, then our rates will come down in the future. The faster these actions can be taken, the quicker our rates can come down. We already have begun plans to shore up the transmission infrastructure, and we are negotiating to purchase the output from combustion turbines and new renewable resources. We also are increasing our efforts to encourage and procure energy efficiency. We are working to implement these actions quickly, but at best, some actions, such as securing more generation, will take one -to -two years. • 107 3 That's why I am calling for cooperation and sacrifices for the next two years from all parties BPA serves. If the region cannot or will not take the actions necessary to reduce the rate hike, we have no recourse but to set our rates to recover our costs. BPA does not receive subsidies from taxpayers. We must wholly cover our costs with revenues we receive from sales of power and transmission. We are obligated to repay, with interest, all capital investments that have been made by the federal government in the facilities that are part of the Northwest's federal power system. Already, we have drawn on our financial reserves heavily this winter, and more of the same still may be ahead of us. Some have suggested that we can simply fail to pay one of our largest creditors -- the U.S. Treasury --rather than declare power emergencies or raise rates sharply. While there is no absolute guarantee we will make our full Treasury payment this October, I believe we should use all management tools available to do so. Our ability to pay our debt in full and on time is the best protection the Northwest has to preserve the benefits of the Columbia River hydropower system for the region. There are interests outside the region that want to see the benefits of this system directed toward other purposes. They could take great political advantage of the opportunity that would be presented if BPA did not cover its costs. One consequence could be the loss of cost -based rates for power from the federal system. We have seen how exorbitant market rates can be. If that were to happen, the region would be looking at far higher rate increases than we are now facing. So, in closing, let me underscore the message. We are on a trajectory that poses grave consequences for the Pacific Northwest, primarily due to extraordinary conditions beyond our control --extremely low water, an extremely tight power supply and extremely high wholesale power prices. We believe the only alternative to a huge rate hike is to reduce our exposure to the market in the first two years of the next five-year rate period by reducing the Subscription demand on BPA. It will take major contributions from all our customers if we are to prevent a triple digit rate increase. And, we will need to make these very difficult decisions very quickly. Finally, we believe this proposal, while not an easy one to achieve, fairly balances the sacrifices the region needs and does not unfairly hit one customer group or one state over others. I know putting these proposals into place will be tough, but I believe the consequences of not taking this path will even be tougher. 4 OFFICE OF THE CITY MANAGER Michael Quinn City Manager [4501 ] Sharon "Sam" Martin Executive Administrative Assistant [4500] Becky J. Upton, CMC City Clerk / Management Assistant [4634] Tanya O'Neill Information Services [4630] Robert Coons Human Resources Manager [4511] Timothy Smith Economic Development Director [4804] Camille Headrick Human Resources Assistant [4510] ORTA� NGELES WASHINGTON, U.S.A. To: Mayor & City Council From: Michael Quinn C!0_ Date: April 11, 2001 Sub: Energy Analysis Per the current report from the Light Division of Public Works, the energy challenge is very large to our community, and we must all find ways to conserve where possible in order to reduce the rate impacts which are imminent in the Fall. Per a meeting with representatives from Magna Force/Drive on 4/5/01, a verbal proposal was submitted to us to consider an energy use audit on our appropriate shafts and motors which could accept the Magna Drive adjustable speed coupling system (ASCS). Staff from Magna Force would work with our staff to identify the appropriate potential applications and develop the cost analysis and recommendations for potential implementation. The benefit is to achieve an operational savings from the unit that would allow a payback on the energy expense over time. Another potential program option to explore is a partnership with a local bank to set the purchase of these units on a lease contract where the operational savings are calculated to cover the lease term, thus enabling capital purchase without new capital revenue. If successful, this program could add another financial tool for our local businesses in similar situations. A third benefit from participating in such a program, is the marketing potential to demonstrate the real application of these products and promote the image of the City as a community leader in aiding our local businesses in addressing this energy challenge. To better explain the ASCS unit, it is a permanent magnetic device operating on the principle of magnetic induction, or motion induced by eddy currents. It provides an adjustable, controllable, repeatable, output speed relative to its input speed by varying the gap between the magnet and the conductor. Energy savings is accomplished by controlling the rotational speed of industrial fluid or air rather than using flow throttling techniques. Because there is no physical contact of these components, there is no vibration nor electronic harmonics, which improves long term maintenance results as well. The City previously reviewed a potential application at our wastewater treatment plant but found the cost to be almost double the current application of variable speed drive units. However, part of this difference was due to modified piping changes for implementation, oversized unit and electric actuator requirements, and lower energy costs than current projections. I believe that it is worthwhile to proceed with the no -cost review, and we will report back on the most appropriate solution. MIR 110 I In Electric Rates Brief (Power Supply Situation) Effective October 1, 2001 April 17, 2001 Today's Presentation • Source of the City's Power Supply • Changing BPA Wholesale Power Rates • BPA Projections • Wholesale vs. Retail Rates • Ways to Mitigate Rate Impacts • BPA Wholesale Rate Overview • Questions 1 Where does the City of Port Angeles get its wholesale electric power? • 1 % - Columbia Storage Power Exchange — contract expires April 30, 2003 • 23% - Avista — contract expires Sept. 30, 2003 • 76%0 - Bonneville Power Administration BPA Wholesale Rate Changes 300 ........-- ............ .. .......--... ...-..._----. ......... .... .. . . .. ..... ......... ......... ._......... _. _ ........, 250% 250 7 u° 200 A 0 150 C v 100% d 100 50 0 16.3% 0% 0 May 2000 Dec 2000 April 2001 Sept 2000 Jan 2001 July 2001 2 n e BPA Projections • Decision due July 1, 2001 • Two year financial problem • Five year projections indicate downward wholesale prices • Six month rate adjustments Wholesale Power vs Distribution Costs (Residential and Commercial* Customers) • 58% Wholesale Power costs • 42% Distribution Costs *Excludes Industrial Loads (Daishowa) 3 How much will it cost residential customers? 1,500 KWH/Month Average Usage = $69/Month Current gp A, Increases Rates 100% 150% 250% $69 $108 $127 $166 Change 56% 84% 141% fm Base *Does not include rate stabilization fund or other financial instruments Keeping Costs Down • Conservation — CFL Distribution — Magna Drive • Education and Communication — Radio and Newspaper — Schools — Customer Meetings — Service Clubs — Senior Center — Teaming w/PUD M 6P An Overview: BPA Wholesale Rates Mr. Charles Forman, Jr. Account Executive Bonneville Power Administration • NGELES DATE: April 17, 2001 To: MAYOR DOYLE AND CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works and Utilities SUBJECT: Conservation Program Authorization Summary: On October 17, 2000, the City Council approved the new Bonneville Power Administration (BPA) Power Sales Agreement that includes a conservation and renewables discount (CR&D). Conservation has increased in importance due to a regional energy shortage and drought conditions that are anticipated to worsen. Recommendation: Authorize the Director of Public Works and Utilities to implement a conservation program that qualifies for the BPA CR&D. Background/Analysis: The CR&D evolved out of the "Regional Review" completed by the BPA in the late 1990's. The CR&D was the consensus of the region after tiered rates were abandoned and to mitigate the need for consumer choice legislation at the State level. The CR&D, anticipated to total approximately $300,000 per year, is available to the City to implement a program for five -years ending October 2006. The City receritly received the BPA conservation implementation manual, which provides most program requirements. A Regional Technical Forum (RTF) has been established to establish savings and discount amounts for each qualifying energy conservation measure. Although the discount was not planned to be available until October of 2001, BPA has authorized its utility customers to develop and implement programs as soon as possible (see attached letter). The City's conservation flex -fund provides an interim funding solution until October 1, 2001, when the BPA CR&D is available. Approval of the energy conservation program will not effect retail rates. Several energy conservation measures can be implemented now although the RTF will not be able to provide a comprehensive list of savings and discount amounts until October 1, 2001. Staff and the Clallam County Public Utility District No. 1 are working together to develop a similar program offering for heat pumps, water heaters, appliances, and water saving devices. Staff will confirm the allowed discount amounts with BPA in writing and anticipates these program offerings to be available in May of this year. By October of this year, Staff plans to complement these efforts with additional energy conservation measures. N:\PW KSLLIGHT\CONS�CONSERVATION.DOC 111 ENT op February 12, 2001 In reply refer to: PN -I Dear Customer or Interested Party: Department of Energy Bonneville Power Administration P.O. Box 3621 Portland, Oregon 97208-3621 ENERGY EFFICIENCY I am pleased to announce that Steve Wright, the Bonneville Power Administration's (BPA) Acting Administrator, has signed the Record of Decision for the Conservation and Renewable Discount (C&RD) Implementation Manual. This is an important milestone for BPA, our customers, and the Northwest. Due to the growing concerns about the power supply situation on the West Coast, BPA has decided that customers may start implementing qualifying activities under the C&RD immediately. This does not mean that additional funds will be available, but rather that customers will have an additional eight months to pursue qualifying conservation and renewable development opportunities. Many of the planning and implementation tools are still being developed, and will be available in the near future. There are other important changes, from previous drafts of the C&RD Implementation Manual. These include more flexibility for the administrative allowances under the Option B conservation approach, allowing customers to switch between conservation options and the addition of small scale renewable demonstrations as allowable RD&D without review by the Regional Technical Forum (RTF). Many of the elements that customers will use to implement the C&RD are dynamic and will change over time. Therefore, BPA will post the official versions of the C&RD Implementation Manual, as well as the . RTF Recommendations and the RTF Appendices, as approved by BPA, on the web page listed below as they are updated. BPA is planning training sessions for the C&RD Planning and Reporting Software, Certified Auditor and Inspector Training, and Performance Tested Comfort Systems for utility staff, this spring and summer. Additional information will be made available as other implementation tools are developed and made ready for your use. The Record of Decision for the C&RD Implementation Manual and the C&RD Implementation Manual can be found on the BPA C&RD web page http://www.bpa.gov/Energy/N/c&r.htrn. If you have questions or concerns on how to proceed, please contact your BPA Energy Efficiency Representative. Sincerely, yC�r I John Pyrch Acting Vice President, Energy Efficiency 112 • • • • DATE: April 17, 2001 To: MAYOR DOYLE AND CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works and Utilities SUBJECT: Compact Fluorescent Lamp Agreement Summary: Beginning in April 2001, the Bonneville Power Administration will be offering its utility customers the opportunity to participate in the ENERGY STAR® Labeled Compact Fluorescent Lamp Coupon Rebate program in response to its need to acquire resources through conservation. Recommendation: Authorize the Mayor to sign the ENERGY STAR® Labeled Compact Fluorescent Lamp Coupon Rebate Agreement. Background/Analysis: Implementation of the ENERGY STAR® Labeled Compact Fluorescent Lamp (CFL) Coupon Rebate program is anticipated to begin in early May 2001 and continue until at least September 2003. Over the term of the agreement three similar offerings are planned. CFL's use about 1/4`" of the energy of an incandescent lamp of similar light output. For example, a 100 -watt incandescent lamp can be replaced with a 27 -watt CFL while maintaining the same light output. BPA will provide the City with coupons (including the City's logo) to distribute to its utility customers toward the purchase of ENERGY STAR® labeled CFL's. The City will distribute two coupons to each of its customers as an insert to its utility bills. Customers can use the coupons to receive a discount on the purchase of ENERGY STAR® labeled CFL's at participating retailers. Participating retailers will redeem the coupons through a BPA clearinghouse contractor. Although additional local retailers are being recruited, the only participating retailer in Port Angeles is Thurman's Electrical and Plumbing Supply at this time. The clearinghouse will handle redemption of the coupons for the retailers. The clearinghouse will also provide a payment to the City in the amount of $1 per redeemed coupon to offset the City's cost of marketing and administration of the program. On April 9, 2001, the Utility Advisory Committee recommended that the Mayor be authorized to sign the ENERGY STAR® Labeled Compact Fluorescent Lamp Coupon Rebate Agreement. A copy of the Agreement is attached. N:IP WKS\LIGH'NOW M\CFLCAMPAIGN.DOC 113 ENERGY STAR® LABELED COMPACT FLUORESCENT LAMP COUPON REBATE AGREEMENT 0 This ENERGY STAR® Labeled Compact Fluorescent Lamp Coupon Rebate Agreement Agreement) is executed by the UNITED STATES OF AMERICA, Department of Energy, acting by and through the BONNEVILLE POWER ADMINISTRATION (BPA), and the City of Port Angeles, a load following customer of BPA, organized under the laws of the State of Washington. BPA and the City of Port Angeles are sometimes referred to individually as "Parry" and collectively as "Parties." RECITALS BPA and the City of Port Angeles believe that the use of ENERGY STAR® labeled compact fluorescent lamps (CFL) by the City of Port Angeles retail consumers will achieve energy savings and reduce the energy demands of the City of Port Angeles. The City of Port Angeles desires to promote and make available the ENERGY STAeCFL Coupon Rebate Program to its retail consumers as provided under this Agreement. The Parties agree: 1. TERM This Agreement takes effect on the date signed by the Parties and shall continue in effect through September 30, 2003. 2. ENERGY STAR® CFL REBATE PROGRAM (a) The City of Port Angeles agrees to participate in the ENERGY STAeCFL Coupon Rebate Program (Program) to be offered by BPA during the term of this Agreement. (b) In electing to participate in the Program, the City of Port Angeles shall provide BPA written notice of such election 21 days prior to the start date of their participation in the Program, a request for rebate coupons in an amount necessary to supply two coupons per consumer billing account, and an electronic form of their logo, if they wish it to appear on the coupon. (c) Under the Program, the City of Port Angeles shall receive rebate coupons and educational materials on ENERGY STAR® labeled CFLs for the purpose of making them available to the City of Port Angeles's retail consumers. 0 114 (d) ENERGY STAR® labeled CFLs of 13 watts or greater are the only illumination product that is eligible under the Program. 3. REBATE COUPONS (a) BPA or its agent shall supply the City of Port Angeles the following: (i) rebate coupons with a face value of six dollars (two per consumer billing account) as requested by the City of Port Angeles under section 2(b) of this Agreement; (ii) one educational brochure for every two rebate coupons describing the ENERGY STAR® labeled CFLs; (iii) copies of a list of retail vendors that carry the ENERGY STAR® labeled CFLs in the City of Port Angeles's service area who have signed or are willing to sign a retailer participation agreement and who are willing to redeem rebate coupons supplied under this Agreement; and (iv) a utility support kit containing an explanation of the Program, a suggested consumer outreach strategy, a consumer outreach checklist, generic media advice, repayment and redemption information, and samples of the coupon and other materials. 4. PROGRAM IMPLEMENTATION (a) The City of Port Angeles agrees to implement the Program as follows: (i) when requested by BPA, to use reasonable methods to identify retail vendors in the City of Port Angeles' service area not already identified by BPA, who are willing to carry ENERGY STAR® labeled CFLs, who will sign a retailer participation agreement , and who will redeem the rebate coupons supplied under this Agreement; (ii) distribute to the City of Port Angeles' consumers the rebate coupons, educational materials, and lists of retail vendors that will redeem such coupons. The City of Port Angeles agrees to make such distribution either by mail or other means that is agreed to by the Parties. 5. PAYMENT FOR REBATED COUPONS (a) BPA or its agent agrees to pay the City of Port Angeles one dollar per rebate coupon redeemed in accordance with the terms of this Agreement. The amount of payment shall be based solely on the number of rebate coupons redeemed during each month of the Program and payment shall by made by BPA or its agent to Customer on the 5t' working day following the end of each month. 115 (b) The customer agrees not to restrict the use of the coupons for eligible products beyond the program specifications, nor to limit where the coupons may be used 6. SIGNATURES The signatories represent that they are authorized to enter into this Agreement on behalf of the party for whom they sign. Bonneville Power Administration (Agency Name) (Printed Name of Signature) (Signature / Date) BPA CFL Contact Name/Title: Shannon Greene/EER Agency Name: BPA Agency Address: 909 First Avenue, Suite 380 Seattle, WA 98104 Telephone: 206.220.6775 E -Mail: sk rg eene@bpa.gov FAX: 206.220.6805 BPA COTR Don Davey 116 Number of Accounts: (Utility Name) (Printed Name of Signature) (Signature / Date) Utility CFL Contact Name / Title: Utility Name: Address: Telephone: E -Mail: FAX: Utility Energy Star Contact (if any) Name / Title: Telephone: E -Mail: Number of Coupons Requested: • 13 0 N N E V I L L E POWER ADMINISTRATION Compact Fluorescent Lamp Rebate Coupon Agreement Larry Dunbar, Power Resources Manager April 17, 2001 Sample Coupon (back) Costs and Savings Summary 60 Watt Total Cost $6 (7 @ $0.75) $25 $31 $10 $6 $16 ., 15 Watt' Estimated Savings per CFL $15 .Purchase Cost Energy Cost Total Cost $6 (7 @ $0.75) $25 $31 $10 $6 $16 Participation Process Promotion distribution City promotes and distributes Retailer redeems coupons coupons Customer purchase n,,ce,,O,es City E.- Retailer pensated reimbursemet Customer City compensation purchases s qualifying CFL C:iSNRPbWA EE3tW City receives monthly activity report 4 • 0 0 NGELES DATE: April 12, 2001 TO: MAYOR DOYLE AND CITY COUNCIL FROM: Michael Quinn, City Manager 4�— SUBJECT: Gateway Project Site Summary: Recent meetings between the Gateway Steering Committee and stakeholders in the proposed Gateway Project have reestablished consensus on the project direction and project siting. It is now important for the project to proceed ahead with the next major steps ofproperty acquisition and design review and finalization. Recommendation: Approve the portion of the Tidelands East block as the designated project site for the Gateway Project; and authorize staff to proceed with the necessary tasks leading toward property acquisition, design, construction, and completion of the project. Background / Analysis: Over the past several months, the Gateway Steering Committee has worked diligently toward mitigating concerns expressed by the Downtown Association and other community interests concerning the preferred site for this project. Parking, bus, and retail impacts were all concerns that needed some level of mitigation and understanding in order to formulate a successful proposal for this project. Through a revised configuration for the buses, increased public plaza space, enhanced public amenities, commitment toward a parking facility solution, and greater communication amongst all parties; we now have consensus on the site and direction with which to proceed. Staff has contacted our consultant, Merritt & Pardini, and requested additional information to facilitate property acquisition and further evaluation of the cost impacts associated with a parking lid for the plaza area to compare with a stand alone facility. We believe this information will be extremely useful in our final design considerations, as well as cost considerations. This project will involve much more public input through the remaining process and we view this support authorization as a major milestone in the steps toward successful project completion. G:\MASTFORM\COUNCIL. WPT Last Revised: 6/29/99 117 • • • 118 NGELES PUBLIC WORKS & UTILITIES DEPARTMENT DATE: April 5, 2001 To: LEE PARDNI , MERRrrr+PARDm (VIA FAX 253-383-8728) FRom: Gary W. Kenworthy, P.E., Deputy Director of Engineering/City Engineer SUBJECT: GATEWAY STEERING COMN[ITTEE DIRECTION The Steering Committee met this morning with the following results: 1. Tidelands East has been selected (Again!) and CTS and the City will be taking this to their Board and Council on 4/16 & 4/17/2001. 2. We will have our respective attorneys start up the appraisals for the tidelands east identified properties to be purchased. 3. We need to have you develop a detailed estimate of added costs to provide for parking under the plaza area for comparison to the current fill proposal. For the estimate you can assume that parking can extend under the Front Street Sidewalk and that a retaining wall will be needed along Lincoln at the back of sidewalk(There is no existing retaining wall along Lincoln). In addition we should assume that the existing wooden bulkhead to the west will have to replaced with a retaining structure which could be shifted west or east to accommodate an efficient parking layout. We do not want to shift this wall too far to the west, however, where the cover structure would have to support bus loadings. 4. We also will need a planning level estimate of the total cost (Land, Design, and. Construction) for a parking structure on tidelands west or other similar site (Elks Parking or ?) to hold 150-200 cars on a two level structure which could support a future third floor convention center. The estimate should include estimated land cost(Base on Tidelands West). Tim Smith started to look into this and provided the following contacts which specialize in parking structure which you may wish to utilize: Cary Kopcyznski & Associates (Structural) 425-455-2144 Howard S. Wright (Design/build Contractor) 206-477-7634 Pankow Builders (Design/build Contractor) We need to have your report for items 3 & 4 for our May 3, 2001 steering committee meeting. Please provide us with separate estimates of your cost for items 3 & 4. Thanks. Copy: Mike Quinn, Dan Di Gulio, Tim Smith, Sandy Barnhart N:\PROJECTS\97-20 Gateway\CONSULT\prkng.wpd 119 RECEIVED L UIII ASSOCIATION.VAR 2 02ooi March 12, 2001 -City of Port Angeles Michael Quinn Board of Directors City Manager City of Port Angeles President -- Roy Gotham PO BOX 1150 , The 'r(W.eq•, 457-.:303 Port Angeles, WA 98362 t ice President - Rudy Hicner Bay Variety, 457-5200 Secretary — Marlene Hulett Dear Mike:- Regmim Biue Shield, 417-8308 Treasurer •- F.ristin Tucker The Port Angeles Downtown -Association Board of Directors; at their I:hstin "'uckei, 452-9749 regular meeting March 7th, 2001, discussed the latest concept for the `Gateway' project. Following extensive discussion and deliberation, wavne Barrett conditioned upon the assurance b the Ci and/or Transit that there be: F� V t:oho, 457-4491 P Y Jahn Brewer 1. no net loss of parking tau nsuia Daily News, 417,3500 2. continued effort to mitigate the impact of buses at the site r.an D-Guilio 3. consensus on traffic flow and congestion problems C :a',L.. I' unsk 452-1.315 4. no net loss of revenue for administration and 1,arb.- a Frederick 5. consideration of funding public an in the project S-oiaU 1'reasuies,.452-3350 _ `jai} Gotlri the Board voted to support the Gateway project:. TUe'1'o&Lry, 457-4303 Eileen knight Additionally, the Board urges the City to pursue development,of a R�prna Showroom, 452-5080 Downtown,parking structure and !or facility and offers its guidance and leadership to this effort: Cassis LaPierre Shuck North Tight Gallery, 452-4262 We appreciate the continued efforts of the City and the Clallam Transit Laurie Szczepczynski System to mitigate many of our concerns about this project and look ir,t Federal Savings, 417-3222 forward to working with you on the continued development of the project. :_ouann Yager Chamber of Commerce, 452-2363 staff- Sincerely yours, 4rla HoLz-whuh, 457-9614 Roy Gotham President 1051/2 East First Street cc: Dan DiGuillo, General Manager P.O. Box 582 Clallam Transit System Port Angeles, WA 98362 Phone: 360-457-9614 02 a-a@olypen.com 14 �JHY lti1JJY03t 1J tD r�C1'CUI� dttd�YYJ3fLUtC a iLtRCr�lyR3uL�P71�tY71NJ' �UW3LtDltt3i • • �FGELE& COUNCIL DATE: APRIL 17, 2001 TO: MAYOR DOYLE AND CITY COUNCIL FROM: SUE ROBERDS, PLANNING SPECIALIST SUBJECT: MUNICIPAL CODE AMENDMENT - MCA 01-01 BEUTLER/NORDSTROM - SAWMILLS IN THE IL ZONE Summary: An application was received to amend the Port Angeles Municipal Code (PAMC) to allow small sawmills in the Industrial Light zone. Following a public hearing conducted on March 14, 2001, the Planning Commission recommended that the PAMC be amended to allow small scale sawmills on properties up to one-half acre in size as conditional uses in the Industrial Light zone. Recommendation: Following the scheduled public hearing, the Department of Community Development recommends that the City Council concur with the recommendation of the Planning Commission to amend the PAMC by adoption of the attached ordinance citing the Commission's findings and conclusions (Attachment A) in support of that action. Background /Analysis: Messrs. Beutler and Nordstrom began a small portable sawmill operation on a property located in the airport industrial park which is in the City's Industrial Light (IL) zone. When the applicants approached the City's Department of Community Development to inquire as to permitted signage for the use, it was determined that such an activity could not be located in the IL zone. The applicants applied for an amendment to the City's Municipal Code to allow small scale sawmills in the IL zone, as they believe the use is compatible with other uses in the zone. Staff agreed. Following a public hearing conducted on March 14, 2001, the Planning Commission concurred and forwarded a recommendation to the City Council for amendment to the PAMC. The Planning Commission further defined their intention by classifying such proposals as conditional uses and by limiting the scope of such activities within the amending ordinance Attachments: Ordinance Findings and Conclusions Planning Commission excerpt Staff report G:\CNCLPKT\041701 121 • • 0 122 • • • ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending the Zoning Code by adding small scale sawmills as a conditional use within the Light Industrial (IL) zone and amending Ordinance 1709 as amended and Chapter 17.32 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. Ordinance 1709 as amended and Chapter 17.32 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.32.040 to read as follows: 17.32.040 Conditional Uses. A. Manufacturing buildings for: 1. Processing of food products, such as meat, fruit, vegetables, seafood, beverages, vegetable oils, and dairy products. 2. Pharmaceutical and drug products. 3. Plastic and other synthetic products. 4. Specialized small mechanical parts, tools, die-casting, bearings, patterns, and other similar products, welding shops, and machine shops. B. Other: 1. Agricultural uses, defined as commercial farming and animal husbandry. 2. Fire stations. 3. Off -premises outdoor advertising signs. 4. Public juvenile detention facilities, where: a. The average daily noise levels (ldn) do not exceed 45 decibels for interior sleeping quarters, or such other standard as is generally accepted; and b. The existing and potential industrial uses will not adversely impact the detention center. 5. Public parks and recreation facilities, where: a. The average daily noise levels (ldn) do not exceed 45 decibels for interior portions of the buildings; b. There are no existing industrial uses in the vicinity which would adversely impact the use; and C. In the event a change in circumstances is found by the Planning Commission which would result in potential adverse impacts on or land use conflicts to an approved use, the conditional use permit shall become void and the use shall cease. 6. Radio towers exceeding thirty-five (35) feet. 7. Social service agencies providing 24-hour residential care, where a. The average daily noise levels (ldn) do not exceed 60 decibels for exterior portions of the site and 45 decibels for interiors of living quarters; b. There are no existing industrial uses in the vicinity which would adversely impact the residential use; and C. In the event a change in circumstances is found by the Planning Commission which would result in potential adverse impacts on or land use conflicts to an approved residential use, the conditional use permit shall become void, and the residential use shall cease. -1- 123 products; b. The gross weight of the sawmill is no greater than ten thousand pounds, C. The hours of operation are limited from 7:00 a.m. to 6:00 p.m. Monday through Friday d. All lighting is directed away from residential areas; e. Noise levels comply with Chapter 173-60 WAC, to the extent applicable: and f. Wood waste management is conducted to avoid excessive accumulation of wood waste. 10.4 Other uses compatible with the purpose of this Chapter. (Ord. 3007 §5 (part), 1/15/99; Ord. 2861 §1 (part), 3/17/95; Ord. 2821 §1, 7/15/94; Ord. 2756 §2,4/16/93; Ord. 2752 §4, 3/26/93; Ord. 2671 §1, 1/31/92; Ord. 2648 §1, 8/30/91; Ord. 2551 §1, 10/25/89; Ord. 2329 §1 (part), 3/11/85) Section 2 This Ordinance shall take effect five (5) days following date of publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of , 2001. ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney PUBLISHED: F:\ORDINANCES&RESOLUTIONS\2001-05.wpd 124 5049 MAYOR FINDINGS AND CONCLUSIONS IN SUPPORT OF MUNICIPAL CODE AMENDMENT - MCA 01-01- BEUTLER/NORDSTROM: Findings: The following findings are based on the information provided in the March 14, 2001 Staff Report for MCA 01-01, including all of the attachments. Consideration was also given to the comments and information presented during the March 14, 2001 public hearing and the Planning Commission's discussion and deliberation. The City of Port Angeles Planning Commission hereby finds: An application for a municipal code amendment was filed on February 5, 2001 by Beutler and Nordstrom, Inc. that proposed an amendment to PAMC Title 17, Zoning Code. The application proposed the allowance of a `sawmill operation under one-half acre in size' as a permitted use in the Industrial, Light Zone under PAMC 17.32. 2. The application states that portable sawmills are generally operated by one to two persons and require less than one-half acre of area to operate. Portable sawmills normally cut specialty wood products to custom specifications. Average board lengths are 8-20 feet. The portable sawmills are on trailers and can be easily moved. Minimal public utilities are required to operate a small planer or joiner. Logs are delivered in small trucks and are not stored for lengthy periods of time on site. Most finished products are picked up or hauled to customers on a flatbed trailer. Mill scraps can be used as firewood and sawdust is given to livestock/horse owners. The portable sawmill can be placed within an enclosed building, an open building that provides cover, or be operated outside. Logs to be milled are cut are brought to the site by log trucks; maneuvering the logs onto the saw and stacking the milled lumber requires a forklift or other heavy equipment. 4. The Industrial Light zone is designated on properties located north of the Fairchild Airport and south of 18`h Street, near the intersection of Lauridsen and `B" Streets, east of Red Lion motel adjacent to the Port Angeles Harbor, and near the intersection of 2"d Street with both Tumwater Truck Route and Valley Street. 5. Within the IL zone, wood product manufacturing, such as cabinets and prefab building components within a building is a permitted use. In addition, retail of building materials is a permitted use, as is wholesale buildings and yards, and storage yards for builders and contractors. These uses address the sale and storage of lumber products but not production or manufacturing of them. Allowed by conditional use approval, manufacturing buildings for specialized small tools and parts may be proposed within the IL zone. In reviewing the uses allowed in this zone, outside storage of materials is permitted but that the processing and manufacturing of materials should be contained within buildings. 125 Findings and Conclusions- MCA 01-01 Page 2 6. Within the Industrial Heavy zone, wood products manufacturing and sawmills are permitted uses and are not required to be within a building. This zone does not differentiate between a large scale or small scale sawmill. The IH zone is located south of the Fairchild Airport, and along the waterfront. 7. The potential negative impacts of such an operation would include dust and noise from the sawmill, truck traffic or heavy equipment, light and glare, aesthetics and accumulation and disposal of wood waste. Noise can be mitigated by buffering, such as enclosure of the use within a building and sufficient trees and vegetation, as well as hours of operation. In addition, compliance with WAC 173-60 Maximum Environmental Noise Levels would be required. If located outside and not under cover, the hours of operation would be limited by daylight, the ability of outside lighting and also weather conditions. Light and glare can be mitigated by lighting design, landscaping, and hours of operation. Aesthetics can be addressed by buffers and vegetation. Dust could be mitigated by watering and by wind barriers. Wood waste accumulation and disposal can be addressed by best management practices to include operation and storage of materials on a concrete foundation, as well as through systematic removal and proper disposal of waste accumulation. 8. The entire Comprehensive Plan was reviewed, and the following Comprehensive Plan policies are most relevant to the proposed amendment: Land Use Element Goal "A " , Land Use Element Objective "A1 " , Land Use Element Goal "H", Land Use Element Policy "H3 ", Land Use Element Policy "H4 ", Conservation Policy "A2'; Economic Development Goal "A ", Economic Development Policy "A2" , and Economic Development Policy "AS ". 9. A smaller -scaled portable sawmill could be a permitted use within the IL zone if contained within a building under PAMC 17.3 2.020(A)(I 0), as long as other, nuisance factors can be adequately addressed. 10. `Portable sawmills' could be allowed as a conditional use within the IL zone under PAMC 17.32.040(B)(10) with certain standards to address noise, light and glare, accumulation of wood waste, and overall compatibility with adjacent residential uses. As an alternative, they could be a permitted use under PAMC 17.32.020(F) with several standard conditions. 11. The purpose of the Industrial Light Zone under PAMC 17.32.010 is as follows: This is an industrial zone intended to create and preserve areas for industrial uses in close proximity to airports and highways. Permitted uses are largely devoid of exterior nuisance factors, such as noise, glare, air and water pollution, and fire and safety hazards on adjacent non -industrial property, and do not have an exceptional demand on public facilities. These types of industrial uses typically involve the manufacture of finished products from pre -fabricated materials, product wholesaling, and material storage. Buffering measures to reduce the impact of industrial uses on nearby residential uses may be required. 12. Requirements for Zoning Code amendments are specified in PAMC 17.96.100. 126 Findings and Conclusions - MCA 01-01 Page 3 13. A Determination of NonSignificance was issued for MCA 01-01 on March 7, 2001. This 0 SEPA action constitutes the final decision of the lead agency and satisfies the requirements of the State Environmental Policy Act. 14. Agency comments received on the proposal include: a) Fire Department requirements for compliance with the Uniform Fire Code that includes annual safety inspections, and b) Building Division requirements for any subsequent construction. No objections on the proposal were received. 15. In accordance with the Port Angeles Municipal Code, legal notice of the public hearing was made. No written public comments on the proposal were received. Conclusions 1. The proposal, MCA 01-01, would allow small scale, portable sawmills to operate within the Industrial Light zone on properties or portions of properties less than one-half acre in size. 2. Due to potential environmental affects and compatibility issues, small scale, portable sawmills should require a conditional use permit approval in order to address potential impacts on surrounding uses. 3. The proposal, MCA 01-01, as recommended, would be consistent with the Port Angeles Comprehensive Plan. 4. The proposal, MCA 01-01, as recommended, would be consistent with the Port Angeles Zoning Code and purpose and intent of the Industrial Light zone. 5. The proposal, MCA 01-01, as recommended, is consistent with the requirements for Zoning Code Amendments as specified in PAMC 17.96.100. Adopted by the Port Angeles City Council at its meeting of April 17, 2001. Larry Doyle, Mayor City of Port Angeles Becky J. Upton, City Clerk 0 T:\FORMS\f&c2 127 • • • 128 �a� pl 1 PUBLIC HEARINGS: MUNICIPAL CODE AMENDMENT - MCA 01-0- NORDSTROWBEUTLER. Industrial Light zones Cil, wide: A proposal to amend the Port Angeles Municipal Code to allow portable sawmill operations of less than one-half acre in size in the Industrial Light zone. Staff provided the staff report. Following questions by the Commissioners regarding the differences between a permitted and conditional use, types of trucks for log hauling, and location of Industrial Light zones, Chair Hewins opened the public hearing Frank Beutler, P. O. Box 193, Port Angeles. Mr. Beutler commented that small trucks or flatbeds bring the logs to the site and remove the cut lumber. He added that generally there are two loads of logs stacked at the site. The logs are generally short, less than 40 -feet in length. The applicant answered several questions of the Commission. The applicant stated that they mostly cut orders by others but often cut their own logs for resale. The applicant stated that they had no concern with the proposed conditions under Option 2 of the staff report, adding that they could not operate within a building, that their hours of operation were generally between 8-2, that they allow free pick up of sawdust and firewood, and that the size limit of '/2 acre would not be restrictive. The applicant described the sawmill, including the motor and trailer length. There being no further testimony, Chair Hewins closed the public hearing. Director Collins stated that currently, the Zoning Code does not list conditions for certain permitted uses. A lengthy discussion was made on what a portable sawmill could entail, including the trailer length, size of saw, and size of logs that could be milled. In addition, several commissioners noted that a conditional use approval would be the only avenue to ensure that environmental impacts and compatibility could be addressed, some adding that the CUP process could adequately address the size of the operations. The Commissioners asked the applicant for additional clarification relating to the size of portable sawmills. The Commissioners discussed using `small scaled' instead of `portable' when describing the use, adding that a definition was probably in order to adequately address the size of such a use. A draft definition of small scale sawmill was discussed, as follows: A small scale sawmill occurs on an area of one-half acre or less and with the gross weight of the sawmill no greater than 10, 000 pounds. Commissioner Schramm moved to approve MCA01-01 following Option 2 of the staff report and adding a definition for small scale saw mills, based on the findings and conclusions listed below. Commissioner Nutter seconded the motion. Commissioner Nutter motioned to amend the main motion with two corrections in the bulleted text in Option 2. Commissioner Norton seconded, which passed 5-1 with Commissioner Doty voting against the motion stating that the listed conditions are not necessary. The main motion passed 4-2 with Commissioners Doty and Hewins voting against, reiterating earlier comments made by Commissioner Doty. 129 MCA01-01 Amend PAMC 17.32 as follows: Allow "Small Scale sawmills" as a conditional use within the IL zone under PAMC 17.32.040(B)(10) with the following standards: • Hours of operation are limited from 7 am to 6 pm Monday -Friday • All lighting shall be directed away from residential areas • Noise levels shall comply with WAC 173-60, as applicable • Proper management of wood waste shall be conducted to avoid excessive accumulation of wood waste • The site and total area of operations, shall not exceed one-half acre in area, including the storage of logs and finished products. Add a definition in PAMC 17.08 as follows: Small scale sawmill. A small scale sawmill occurs on an area of one-half acre or less and with the gross weight of the sawmill no greater than 10, 000 pounds. Findings and Conclusions: 1. An application for a municipal code amendment was filed on February 5, 2001 by Beutler and Nordstrom, Inc. that proposed an amendment to PAMC Title 17, Zoning Code. The application proposed the allowance of a `sawmill operation under one-half acre in size' as a permitted use in the Industrial, Light Zone under PAMC 17.32. 2. The application states that portable sawmills are generally operated by one to two persons and require less than one-half acre of area to operate. Portable sawmills normally cut specialty wood products to custom specifications. Average board lengths are 8-20 feet. The portable sawmills are on trailers and can be easily moved. Minimal public utilities are required to operate a small planer or joiner. Logs are delivered in small trucks and are not stored for lengthy periods of time on site. Most finished products are picked up or hauled to customers on a flatbed trailer. Mill scraps can be used as firewood and sawdust is given to livestock/horse owners. 3. The portable sawmill can be placed within an enclosed building, an open building that provides cover, or be operated outside. Logs to be milled are brought to the site by log trucks and maneuvering the logs onto the saw, and stacking the milled lumber requires a forklift or other heavy equipment. 4. The Industrial, Light zone is designated on properties located north of the Fairchild Airport and south of 18' Street, near the intersection of Lauridsen and `B" Streets, east of Red Lion motel adjacent to the Port Angeles Harbor, and near the intersection of 2nd Street with both Tumwater Truck Route and Valley Street. 6. Within the IL zone, wood product manufacturing, such as cabinets and prefab building components within a building is a permitted use. In addition, retail of building materials is a permitted use, as is wholesale buildings and yards, and storage yards for builders and contractors. These uses address the sale and storage of lumber products but not production 130 or manufacturing of them. Allowed by conditional use approval, manufacturing buildings Planning Commission Minutes March 14, 2001 Page 4 for specialized small tools and parts may be proposed within the IL zone. In reviewing the uses allowed in this zone, outside storage of materials is permitted, but the processing and manufacturing of materials should be contained within buildings. 7. Within the Industrial, Heavy zone, wood products manufacturing and sawmills are permitted uses and are not required to be within a building. This zone does not differentiate between a large scale or small scale sawmill. The IH zone is located south of the Fairchild Airport, and along the waterfront. 8. The potential negative impacts of such an operation would include dust and noise from the_ sawmill, truck traffic or heavy equipment, light and glare, aesthetics and accumulation and disposal of wood waste. Noise can be mitigated by buffering, such as enclosure of the use within a building and sufficient trees and vegetation, as well as hours of operation. In addition, compliance with WAC 173-60 Maximum Environmental Noise Levels would be required. If located outside and not under cover, the hours of operation would be limited by daylight, the ability of outside lighting and also weather conditions. Light and glare can be mitigated by lighting design, landscaping, and hours of operation. Aesthetics can be addressed by buffers and vegetation. Dust could be mitigated by watering and by wind barriers. Wood waste accumulation and disposal can be addressed by best management practices to include operation and storage of materials on a concrete foundation, as well as through systematic removal and proper disposal of waste accumulation. om 9. .The entire Comprehensive Plan was reviewed, and the following w g C prehensive Plan policies are most relevant to the proposed amendment: Land Use Element Goal "A", Land Use Element Objective "AI", Land Use Element Goal "H", Land Use Element Policy "H3 ", Land Use Element Policy "H4 ", Conservation Policy `A2'; Economic Development Goal "A ", Economic Development Policy "A2", and Economic Development Policy "AS ". 10. A smaller -scaled portable sawmill could be a permitted use within the IL zone if contained within a building under PAMC 17.32.020(A)(10), as long as other nuisance factors can be adequately addressed. 11. `Portable sawmills' could be allowed as a conditional use within the IL zone under PAMC 17.32.040(B)(10) with certain standards to address noise, light and glare, accumulation of wood waste, and overall compatibility with adjacent residential uses. As an alternative, they. could be a permitted use under PAMC 17.96.040(F) with several standard conditions. 12. The purpose of the Industrial, Light Zone under PAMC 17.32.010 is as follows: This is an industrial zone intended to create and preserve areas for industrial uses in close proximity to airports and highways. Permitted uses are largely devoid of exterior nuisance factors, such as noise, glare, air and water pollution, and fire and safety hazards on adjacent non -industrial property, and do not have an exceptional demand on public facilities. These types of industrial uses typically involve the manufacture of finished products from pre -fabricated materials, product wholesaling, and material storage. Buffering measures to reduce the impact of industrial uses on nearby residential uses may be required. 131 Planning Commission Minutes March 14, 2001 Page S Requirements for Zoning Code amendments are specified in PAMC 17.96.100. 0 13. Requ g P 14. A Determination of NonSignificance was issued for MCA01-01 on March 7, 2001. This SEPA action constitutes the final decision of the lead agency and satisfies the requirements of the State Environmental Policy Act. 15. Agency comments received on the proposal include: a) Fire Department requirements for compliance with the Uniform Fire Code that includes annual safety inspections, and b) Building Division requirements for any subsequent construction. No objections on the proposal were received. 16. In accordance with the Port Angeles Municipal Code, legal notice of the public hearing was made. No written public comments on the proposal were received. Conclusions The proposal, MCA01-01, would allow small scale, portable sawmills to operate within the Industrial, Light zone on properties or portions of properties less than one-half acre in size. 2. Due to potential environmental affects and compatibility issues, small scale portable sawmills should require a conditional use permit approval in order to address potential impacts on surrounding uses. 3. The proposal, MCA01-01, as recommended, would be consistent with the Port Angeles Comprehensive Plan. 4. The proposal, MCA01-01, as recommended, would be consistent with the Port Angeles Zoning Code and purpose and intent of the Industrial, Light zone. The proposal, MCA01-01, as recommended, is consistent with the requirements for Zoning Code Amendments as specified in PAMC 17.96.100. 132 • oilORT NGELES 9[P A; WASHINGTON, U.S.A. DEPARTMENT of COMMUNITY DEVELOPMENT STAFF REPORT DATE: March 14, 2001 TO: Planning Commission FROM: Debi Barnes, Associate Plannew6 FILE #: MCA 01-01 APPLICANT:. Beutler and Nordstrom, Inc. LOCATION: City-wide PROPOSAL: Amend Chapter 17.32 of the Port Angeles Municipal Code to allow portable sawmill operations less than one-half acre in size. 0 RECOMMENDATION The Department of Community Development staff recommends that the Planning Commission recommend approval of Zoning Code Amendment MCA 01-01 to allow sawmills less than one-half acre in size as a conditional use in the Industrial, Light zone to the City Council, citing the 15 findings and 5 conclusions from the March 14, 2001 staff report. This staff report includes Attachment A - recommended findings and conclusions, Attachment B - application materials. APPLICATION The applicant, Beutler/Nordstrom, Inc., has begun operation of a portable sawmill on leased property which is part of the Port Industrial Park at 2604 West 18" Street which is zoned Industrial, Light. The City has determined that this use was allowed in the Industrial Heavy zone, as specified in the Zoning Code and recommended that the applicants seek approval for a Zoning Code Amendment if they want to continue the current use. The application materials were received on February 5, 2001 and copies are provided in Attachment B to the Staff Report. The application is for a zoning code amendment that would be effective city-wide for properties that are zoned Industrial, Light and not approval for the specific site proposed to operate such a use by the applicants. The application states that portable sawmills are generally operated by one to two persons and require less than one-half acre of area to 133 Department of Community Development , Report MCA 01-01 Beutler/Nordstrom, Inc. March 14, 2001 Page 2 operate. Portable sawmills normally cut specialty wood products to custom specifications. Average board lengths are 8-20 feet. The portable sawmills are on trailers and can be easily moved. Minimal public utilities are required to operate a small planer or joiner. Logs are delivered by small trucks and are not normally stored on site for lengthy periods of time. Most finished products are picked up or hauled to customers on a flatbed trailer. Mill scraps can be used as firewood and sawdust is given to livestock/horse owners. BACKGROUND/ANALYSIS As noted above, the proposed amendment is a result of a new, land use operating in the wrong zone. A description of the proposed use, along with a comparison of the uses that are either permitted or conditional which are similar to the proposal when proposed within heavy and light industrial zones is summarized below. In addition, analysis of the types of environmental impacts of such a proposal was made. Finally, analysis of whether a sawmill could be found to be consistent with the intent of the Industrial, Light zone was made. Description of sawmill operations. As stated in the application, operation of a portable saw mill can be done in an area no greater than one-half acre in size. The portable saw mill can be placed within an enclosed building, an open building that provides cover, or be operated outside without cover. Logs to be milled are brought to the site by log trucks. Maneuvering the logs onto the saw, and then stacking the lumber requires a forklift or other heavy equipment. Analysis of Similar Uses Within IL Zones. Within the IL zone woodp roduct manufacturing, such as cabinets and prefab building components within a building is a permitted use. In addition, retail sales of building materials is a permitted use, as are wholesale buildings and yards, and storage yards for builders and contractors. These uses address the sale and storage of lumber products but not production or manufacturing of them. Allowed by conditional use approval, manufacturing buildings for specialized small tools and parts may be proposed within the IL zone. In reviewing the uses allowed by this zone, outside storage of materials is permitted but the processing and manufacturing of materials should be contained within buildings. IL zoned properties are located north of the Fairchild Airport and south of 18th Street near the intersection of Lauridsen and `B' Streets, along the Straits east of the Red Lion motel, and south of the 2nd Street and Valley/Tumwater Truck Route intersections. Analysis of Similar Uses Within IH Zones. Within the IH zone, wood products manufacturing and sawmills are permitted uses and are not required to be within a building. This zone does not differentiate between a large scale or small scale saw mill. The IH zone is located south of the Fairchild Airport, and along the waterfront. Potential environmental impacts. As noted above, the potential negative impacts of such an operation include noise and dust from the sawmill, truck traffic or heavy equipment, light 134 Department of Community Development . : Report March 14, 2001 MCA 01-01 Beutler/Nor&trom, Inc. Page 3 and glare, aesthetics and accumulation and disposal of wood waste. Noise can be mitigated by buffering, such as enclosure of the use within a building and sufficient trees and vegetation, as well as hours of operation. In addition, compliance with WAC 173-60 Maximum Environmental Noise Levels is required. If located outside and not under cover, the hours of operation may be limited by daylight hours, the ability of outside lighting and also weather conditions. Light and glare can be mitigated by lighting and landscaping design, and hours of operation. Aesthetics can be addressed by buffers and vegetation. Dust can be addressed by watering or providing wind barriers. Wood waste accumulation can be addressed by best management practices to include operation and storage of materials on a concrete foundation, as well as by systematic removal and proper disposal of waste accumulation. Options for MCA01-01 The following options are provided for MCA01-01: Allow small -scaled sawmills, or `portable sawmills' as a permitted use within the IL zone if contained within a building under PAMC 17.32.020(A)(10). 2. Allow `Portable sawmills' as a conditional use within the IL zone under PAMC 17.32.040(B)(10) with the following standards: • Hours of operation are limited from 7 am to 6 pm Monday -Friday • All lighting shall be directed away from residential areas • Noise levels shall comply with WAC 173-60, as applicable • Proper management of wood waste shall be conducted to avoid excessive accumulation of wood waste on bare soils. • The site, or area of operations, shall not exceed one-half acre in size, including the storage of logs and finished products. 3. Allow `portable sawmills' as a permitted use within the IL zone under PAMC 17.32.020(F) with the standards listed in Item #2 above. 4. Only allow sawmills, regardless of scale and size, within the IH zone. COMPREHENSIVE PLAN POLICIES The entire Comprehensive Plan was reviewed, and the following Comprehensive Plan policies are most relevant to the proposed amendment. These policies relate to the promotion of new industrial activities while addressing potential impacts to adjacent residential neighborhoods and the environment. Land Use Element Goal "A" To guide current and future development within the City in a manner that provides certainty to its citizens about the future land use and the flexibility to meet the challenges and opportunities of the future. L Use Element Objective "A]" The City will review and revise as necessary Land I 135 Department of Community Development Staff Report March 14, 2001 MCA 0141 Beutler/Nordstrom, Inc. Page 4 the existing Zoning Ordinance, Zoning Map, and other development regulations to ensure consistency with the Comprehensive Plan. Land Use Element Goal "H" To provide opportunities for industrial development in a manner which efficiently uses the community's various attributes and natural resources, has minimal impact on the environment, and contributes to the City's quality of life. Land Use Element Policy "H3" Industrial areas should buffer their impact to mitigate nuisance and hazardous characteristics such as noise, particulate matter in the air, water or odor pollution or objectionable visual material. Land Use Element Policy "H4" Industrial activity should be located in two major areas: adjacent to the harbor and around the airport. Conservation Policy "A2" The City should promote compatibility between the land use and its use by regulating the intensity of the land use. Economic Development Goal "A" To create and maintain a balanced and stable local economy with full employment and emphasis on strengthening the community's traditional natural resource related industries as well as diversified the overall economic basis. Economic Develo ment Poli "A2" The city shouldpromote t P Policy ty p he retention of employment in all sectors of the local economy. Economic Development Policy "AS" The City should promote the diversification of the community's economic base by encouraging the location, retention, and expansion of both timber and non -timber related businesses. PAMC TITLE 17 - ZONING CODE [PAMC Title 171 The purpose of the Industrial, Light Zone is as follows: This is an industrial zone intended to create and preserve areas for industrial uses in close proximity to airports and highways. Permitted uses are largely devoid of exterior nuisance factors, such as noise, glare, air and water pollution, and fire and safety hazards on adjacent non -industrial property, and do not have an exceptional demand on public facilities. These types of industrial uses typically involve the manufacture of finished products from pre fabricated materials, product wholesaling, and material storage. Buffering measures to reduce the impact of industrial uses on nearby residential uses may be required. The requirements for amendments to the Zoning Code are as follows: 136 • Department of Community Development Staff Report MCA 01-01 Beutler/Nordstrom, Inc. March 14, 2001 Page 5 The requirements for amendments to the Zoning Code is as follows: PAMC 17.96.100 Amendments. A. In determining if an amendment to these regulations is needed, the City Council shall give due consideration to the proper relationship of such amendment to the Comprehensive Plan and the entire Zoning Regulations; it being the intent to retain the integrity and validity of the zones herein described and to avoid any isolated spot zoning changes in the Zoning Map. B. Any amendments adopted by the Council may be modified from the form in which they were advertised within the limits necessary to relate properly such amendment or amendments to the Zoning Regulations. Final action on such modifications shall be subject to review and report of the Planning Commission prior to final passage by the City Council. C. No application for a change of zoning of any lot, parcel or portion thereof shall be considered by the Council within one year of the final action of the Council upon a prior application covering any of the same described land. This provision, however, shall not impair the right of the Council to propose by their own action any amendment or change in the boundaries of any of the zones in these regulations. STATE ENVIRONMENTAL POLICY ACT (SEPAJ A Determination of NonSignificance was issued for the zoning code amendment only (and not operation of such a use) on March 7, 2001. This SEPA action constitutes the final decision of the lead agency and satisfies the requirements of the State Environmental Policy Act. PROPOSED AMENDMENTS See Attachment B for the specific changes in the proposed ordinance amending Title 17 Zoning Code, as applied for. DEPARTMENTAL COMMENTS Comments from the Fire Department included that these types of occupancies require compliance with the Uniform Fire Code that includes annual safety inspections. They had no objections on the proposal. Comments from the Building Division included that building permits would be required for any new construction. There were no objections to the proposal. The Light Department had no comments or objections to the proposal. PUBLIC COMMENTS No written public comments have been received to date. 137 Department of Community Development Staff Report MCA 01-01 Beutier/Nordstrom, Inc. March 14, 2001 Page 6 PLANNING DEPARTMENT CONCLUSION Because the proposed use, a portable sawmill could be located in several Is P � areas of Port Angeles which should require site specific analysis to address compatibility with adjacent residential uses, staff recommends that the Zoning Code be amended to allow portable sawmills operated on less than one-half acre site as a conditional use within the IL zone under PANIC 17.32.040. An alternative to allow the proposed use as a permitted use could be made as long as all compatibility and environmental standards could also be established in the Zoning Code, as review under the State Environmental Policy Act would not necessarily be required should the use be permitted in the IL zone, and also be within other thresholds set forth by SEPA Attachments Attachment A - Proposed findings and conclusions Attachment B -Application materials • C, 138 Department of Community Development Staff Report March 14, 2001 MCA 01-01 Beuder/Nordstrom, Inc. Page 7 ATTACHMENT "A" The following findings are based on the information provided in the March 14, 2001 Staff Report for MCA01-01, including all of the attachments. Consideration was also given to the comments and information presented during the March 14, 2001 public hearing and the Planning Commission's discussion and deliberation. The City of Port Angeles Planning Commission hereby finds: Findings and Conclusions: An application for a municipal code amendment was filed on February 5, 2001 by Beutler and Nordstrom, Inc. that proposed an amendment to PAMC Title 17, Zoning Code. The application proposed the allowance of a `sawmill operation under one-half acre in size' as a permitted use in the Industrial, Light Zone under PAMC 17.32. 2. The application states that portable sawmills are generally operated by one to two persons and require less than one-half acre of area to operate. Portable sawmills normally cut specialty wood products to custom specifications. Average board lengths are 8-20 feet. The portable sawmills are on trailers and can be easily moved. Minimal public utilities are required to operate a small planer or joiner. Logs are delivered in small trucks and are not stored for lengthy periods of time on site. Most finished products are picked up or hauled to customers on a flatbed trailer. Mill scraps can be used as firewood and sawdust is given to livestock/horse owners. 3. The portable sawmill can be placed within an enclosed building, an open building that provides cover, or be operated outside. Logs to be milled are cut are brought to the site by log trucks and maneuvering the logs onto the saw, and stacking the milled lumber requires a forklift or other heavy equipment. 4. The Industrial, Light zone is designated on properties located north of the Fairchild Airport and south of 180' Street, near the intersection of Lauridsen and "B" Streets, east of Red Lion motel adjacent to the Port Angeles Harbor, and near the intersection of 2nd Street with both Tumwater Truck Route and Valley Street. 5. Within the IL zone, wood product manufacturing, such as cabinets and prefab building components within a building is a permitted use. In addition, retail of building materials is a permitted use, as is wholesale buildings and yards, and storage yards for builders and contractors. These uses address the sale and storage of lumber products but not production or manufacturing of them. Allowed by conditional use approval, manufacturing buildings for specialized small tools and parts may be proposed within the IL zone. In reviewing the uses allowed in this zone, outside storage of materials is permitted but that the processing and manufacturing of materials should be contained within buildings. 6. Within the Industrial, Heavy zone, wood products manufacturing and sawmills are permitted uses and are not required to be within a building. This zone does not differentiate between a large scale or small scale sawmill. The IH zone is located south of the Fairchild Airport, and along the waterfront. 139 Department of Community Development Staff Report MCA 01-01 Beutler Nordstrom, Inc. March 14, 2001 Page 8 7. The potential negative impacts of such an operation would include dust and noise from the sawmill, truck traffic or heavy equipment, light and glare, aesthetics and accumulation and disposal of wood waste. Noise can be mitigated by buffering, such as enclosure of the use within a building and sufficient trees and vegetation, as well as hours of operation. In addition, compliance with WAC 173-60 Maximum Environmental Noise Levels would be required. If located outside and not under cover, the hours of operation would be limited by daylight, the ability of outside lighting and also weather conditions. Light and glare can be mitigated by lighting design, landscaping, and hours of operation. Aesthetics can be addressed by buffers and vegetation. Dust could be mitigated by watering and by wind barriers. Wood waste accumulation and disposal can be addressed by best management practices to include operation and storage of materials on a concrete foundation, as well as through systematic removal and proper disposal of waste accumulation. 8. The entire Comprehensive Plan was reviewed, and the following Comprehensive Plan policies are most relevant to the proposed amendment: Land Use Element Goal "A" , Land Use Element Objective "AI ", Land Use Element Goal "H", Land Use Element Policy "H3 ", Land Use Element Policy "H4 ", Conservation Policy "A2'; Economic Development Goal "A ", Economic Development Policy "A2", and Economic Development Policy "AS". 9. A smaller -scaled portable sawmill could be a permitted use within the IL zone if contained within a building under PAMC 17.32.020(A)(10), as long as other nuisance factors can be adequately addressed. 10 10. `Portable sawmills' could be allowed as a conditional use within the IL zone under PAMC 17.32.040(B)(10) with certain standards to address noise, light and glare, accumulation of wood waste, and overall compatibility with adjacent residential uses. As an alternative, they could be a permitted use under PAMC 17.96.040(F) with several standard conditions. 11. The purpose of the Industrial, Light Zone under PAMC 17.32.010 is as follows: This is an industrial zone intended to create and preserve areas for industrial uses in close proximity to airports and highways. Permitted uses are largely devoid of exterior nuisance factors, such as noise, glare, air and water pollution, and fire and safety hazards on adjacent non- industrial property, and do not have an exceptional demand on public facilities. These types of industrial uses typically involve the manufacture of finished products from pre- fabricated materials, product wholesaling, and material storage. Buffering measures to reduce the impact of industrial uses on nearby residential uses may be required. 12. Requirements for Zoning Code amendments are specified in PAMC 17.96.100. 13. A Determination of NonSignificance was issued for MCA01-01 on March 7, 2001. This SEPA action constitutes the final decision of the lead agency and satisfies the requirements of the State Environmental Policy Act. 14. Agency comments received on the proposal include: a) Fire Department requirements for compliance with the Uniform Fire Code that includes annual safety inspections, and b) Building Division requirements for any subsequent construction. No objections on the proposal were received. 140 • • Department of Community Development StalfReport a March 14, 2001 MCA 01-01 BeutledNordstrom, Inc. � �, Page 9 15. In accordance with the Port Angeles Municipal Code, legal notice of the public hearing was made. No written public comments on theioposal were received. Conclusions 1. The proposal, MCA01-01, would allow small scale, portable sawmills to operate within the Industrial, Light zone on properties or portions of properties less than one-half acre in size. 2. Due to potential environmental affects and compatibility issues, small scale portable sawmills should require a conditional use permit approval in order to address potential impacts on surrounding uses. 3. The proposal, MCA01-01, as recommended, would be consistent with the Port Angeles Comprehensive Plan. 4. The proposal, MCA01-01, as recommended, would be consistent with the Port Angeles Zoning Code and purpose and intent of the Industrial, Light zone. 5. The proposal, MCA01-01, as recommended, is consistent with the requirements for Zoning Code Amendments as specified in PAMC 17.96.100. • • • 142 • • • VGELBS COUNCIL DATE: APRIL 17, 2001 TO: MAYOR DOYLE AND CITY COUNCIL FROM: SUE ROBERDS, PLANNING SPECIALIST SUBJECT: STREET VACATION PETITION - STV 01-01 PORT ANGELES FOOD BANK ETAL - PORTION OF FOURTH STREET WEST OF VALLEY Summary; A valid petition requesting vacation of that portion of West Fourth Street abutting Blocks 85 and 73, located west of Valley Street, was received by the Department of Community Development on February 7, 2001. Recommendation: Following the scheduled public hearing, the Department of Community Development recommends that the City Council concur with the recommendation of the Planning Commission to vacate the right-of-way by adoption of the attached ordinance citing the Commission's findings and conclusions (Attachment A) in support of that action. Background / Analysis: During the fall of 2000, the Port Angeles Food Bank applied for a building permit to expand the warehouse facility that is leased to the organization from the City of Port Angeles, located on Valley Street. In order to permit expansion of the structure, off-street parking for the use must be established which could not be placed on-site given the site development and topography. The warehouse structure was constructed as the City's Solid Waste Division headquarters and is on a property that contains a steep slope, preventing use of the entire property. The Food Bank is seeking vacation of the abutting Fourth Street right-of-way in order to obtain additional property for the required parking area. Although opposite abutting property owners Mr. Brown and Ms. Clark signed the petition, they do not wish to obtain any of the right-of-way. The City will acquire the property in the general fund. The applicants comprise one hundred percent of the abutting property owners of that portion of Fourth Street, which exists west of Valley Street to the Valley Creek ravine. On April 11, 2001, the Planning Commission conducted a public hearing for consideration of the petition. There were no objections raised, and the Commission voted unanimously to recommend that the right-of-way be vacated. Staff's report, along with an excerpt of the Commission's public hearing, and findings and conclusions are attached for your information. Attachments: Ordinance Findings and Conclusions Planning Commission excerpt Staff report 143 • • L 0 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles vacating a portion of Fourth Street abutting Lots 1, 2, and 3, Block 85, and abutting Lots 18, 19, and 20, Block 73, of the Townsite of Port Angeles, Washington. WHEREAS, a petition is on file with the City of Port Angeles to vacate a portion of Fourth Street abutting Lots 1, 2, and 3, Block 85, and abutting Lots 18, 19, and 20, Block 73, of the Townsite of Port Angeles, Washington. and WHEREAS, the petition was signed by the owners of more than two-thirds of the property abutting upon the right-of-way sought to be vacated; and WHEREAS, the City initiated said vacation by Resolution No. 6-01; and WHEREAS, street vacations are categorically exempt from the requirements of the State Environmental Policy Act (SEPA) as set forth in WAC 197-11-800(2)(h); and WHEREAS, a public hearing has been held before the City Council following public notice pursuant to Chapter 35.79 RCW; and WHEREAS, the street vacation appears to be of benefit to and in the interest of the public; NOW THEREFORE, THE 'CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1 - Vacation. Subject to the terms and conditions of this Ordinance, the following described right-of-way as shown on the attached Exhibit A is hereby vacated: That portion of Fourth Street abutting Lots 1, 2, and 3, Block 85, and abutting Lots 18, 19, and 20, Block 73, of the Townsite of Port Angeles, Washington. Section 2 - Conditions. The City shall be provided a permanent utility easement over, under, across, and through the following portion of the vacated right-of-way: a ten (10) foot wide area centered on and under the existing electrical service wire from the power pole at the Valley Street and Fourth Street intersection to the existing building on Lot 20, Block 73 TPA; a ten (10) foot wide area centered on and under the existing electrical service wire from the same power pole to the existing building on Lot 1, Block 85; and a ten (10) foot by ten (10) foot area with the anchor of the existing power pole being the center point. 1 145 Section 3 - Compensation. Pursuant to RCW 35.79.030, compensation for the right-of-way is hereby set at $4.50 per square foot. is Section 4 - Quit Claim Deed. Upon satisfaction of the compensation amount in Section 3 of this Ordinance, the owners of abutting property entitled to the vacated street, pursuant to RCW 35.79.040, may present a quit claim deed to the City of Port Angeles for execution by the Mayor, who is hereby authorized and directed to execute such quit claim deed. Such quit claim deed shall include all reservations, conditions, or other qualifications upon the title established by this Ordinance. Section 5. This Ordinance shall be effective only upon the satisfaction of the terms and conditions of this Ordinance and shall be published upon that satisfaction. The City Clerk is hereby directed to file a certified copy with the Clallam County Auditor and Clallam County Assessor. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of , 2001. ATTEST: Becky Upton, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney PUBLISHED: By Summary F:\ORDINANCES&RESOLUTIONS\2001-07.ord.wpd 146 Larry Doyle, Mayor 0 • ol .......... . ............. ..... .... .. . ..... . ...... . ... .... ....... FOURTH ST. f t_____w_ w Li PROPOSED VACATION Li .. ........ . .... . k t ...... ............ ....... ... . ....... ... v KITH ST CITY OF PORT ANGELES SCALE PUBLIC WORKS 100 0 FOURTH ST. VACATION j PORT ANGELES FOOD BANK etal s0 14q Plot Date; x Revision Date; x FIlei x I I I I LJI L-–11li i k-' LL IL_ Io IF I JI I I I ❑ IL�i I l ( I I I (J1 12 tJ I If 15 16 17 78 79 21 /v M I T I I I I Fl -1 I I I G I 1 0 I � 11 rLjj� N _. : z 6 5 4T-31 ? 57 9 d I V I I I IL —j I I rz, I I I I I I I I I I L J o� tl 12 .I JJ I It �IL JI ILLj'7 I I I I I I I _� Iii _ rr I— a — — cn ' (I 1 � I� I I I I I I 1 1 –� •I►ss � I i� i • Findings, and Conclusions in Support of Street Vacation Petition - STV 01- 01 Port Angeles Food Bank etal: Findings. 1. A petition for vacation of right-of-way was submitted by the Port Angeles Food Bank and others on February 7, 2001. 2. The proposed street vacation is for a portion of the unopened Fourth Street right-of-way located west of Valley Street between Lots 1-3, Block 85, and Lots 18-20, Block 73, _ Townsite of Port Angeles. The petition is signed by one hundred percent of the abutting property owners. 3. Zoning of the property and surrounding area is Industrial Light. 4. Surrounding land uses are nonconforming residential and light industrial which include a bottling plant, the City's power substation, and a welding shop. 5. The Valley Creek ravine wall is located directly west of the subject site which prevents access from the west to the area and use of the 4' Street right-of-way for a through street. 6. The Port Angeles Food Bank leases the property to the south of the right-of-way on a long term lease. Development of the site has caused a need for off-street parking to be developed which cannot be accommodated on-site. The vacation is being sought to acquire additional property for development of the required off-street parking. 7. A utility service is located at the east end of the right-of-way. If development occurs, an easement will need to be given or the service relocated. The Light Department has stated no objection to the proposal under the condition that the utility service be provided an easement. 8. The City's Fire and Police Departments had no comment or concerns regarding the proposed street vacation. 9. At this location, Valley Street and the unopened Fourth Street right-of-way are classified as local access streets on the City's Circulation Plan Map. 10. 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. 11. The proposed street vacation was reviewed for consistency with the Port Angeles Comprehensive Plan. The following goals and policies were found to be the most 0 relevant: Land use Map Goal, Policies, and Objective Goal A, and Policies 1 and 2; Industrial Goal H, Transportation Goal H, and Policy 14; Utilities and Public Services Goal B, and Policy 4. 12. The City Council adopted Resolution No. 6-01 on March 20, 2001, which was legally advertised in the Peninsula Daily News on March 25, 2001. The site was posted on March 20, 2001. No comments have been received. 13. The Port Angeles Planning Commission conducted a public hearing on the petition on April 11, 2001, which was duly advertised on March 20, 2001. 14. The Planning Commission's action constitutes a recommendation to the City Council. The City Council has scheduled a public hearing for consideration of the petition at its April 17, 2001, regular meeting. Conclusions: A. Current traffic circulation in the area will not be affected by this vacation. Future development in the area will continue to use Valley Street as access. B. The vacation of the proposed right-of-way will not interfere with the public's health, safety, or welfare. C. Development patterns in the area will not change as a result of the proposed street vacation. D. The proposed street vacation is consistent with the Port Angeles Comprehensive Plan. E. Because the right-of-way is not needed for use as a public right-of-way, vacation of the property is in the public's interest as it will allow development of the subject property in the public interest by removing vehicle parking from the main access street and providing required parking for the Food Bank use. Adopted by the Port Angeles City Council at its meeting of April 17, 2001. Larry Doyle, Mayor City of Port Angeles Becky J. Upton, City Clerk T:\FORMS\f&c l 150 • El PUBLIC HEARINGS STREET VACATION PETITION STV 01-01 - PORT ANGELES FOOD BANK et al Port of Fourth Street right-of-way west of Valley Creek: Petition for vacation of right-of-way abutting Blocks 85 and 73, TPA. Director Collins presented the staff report. Clarification was made as to the Blocks involved with the proposal. Commissioner Hewins requested clarification of Lots involved, which was confirmed to be adjacent to Lots 1-3, Block 85 and also Lots 18-20, Block 73 which are generally located at the base of the Valley Creek ravine. Access to Lot 4 and other lots would not be compromised by the proposal as they are located on the face of the ravine wall and are generally undevelopable. Commissioner Schram requested clarification of the relationship of the Brown's interest as their property does not appear to abut 4' Street which was clarified that they may or may not abut 4* Street but they do abut Valley Street. Being no further questions, Chair Nutter opened the public hearing. Linda deBord, real estate Chair for the Port Angeles Food Bank, 1309 E. 7' Street, represented the applicant. She reiterated the parking requirements for the Food Bank as a part of the recent addition, adding that the physical constraints of the property led to the plan to utilize the undeveloped right-of-way as the most viable option. She also confirmed that • n Y 151 Planning Commission Minutes April ] ], 2001 Page 2 Mr. Brown does abut 4' Street with a dog -leg shaped property. Commissioner Craver asked if the area would provide sufficient parking, which was confirmed by the applicant. There being no further speakers, Chair Nutter closed the public hearing. Commissioner Philpott stated the proposal is straight -forward for the applicant in order to comply with the parking requirements. Bob Philpott moved to recommend to the City Council approval of STV 01-01 with the findings and conclusions as listed below. The motion was seconded by Fred Hewins and passed unanimously. Findings, and Conclusions in Support of Street Vacation Petition - STV 01-01 Port Angeles Food Bank et al Findings: 1. A petition for vacation of right-of-way was submitted by the Port Angeles Food Bank and others on February 7, 2001. 2. The proposed street vacation is for a portion of the unopened Fourth Street right-of-way located west of Valley Street between Lots 1-3, Block 85 and lots 18-20, Block 73, Townsite of Port Angeles. The petition is signed by one hundred percent of the abutting property owners. 3. Zoning of the property and surrounding area is Industrial Light. 4. Surrounding land uses are nonconforming residential and light industrial which include a bottling plant, the City's power substation, and a welding shop. 5. The Valley Creek ravine wall is located directly west of the subject site which prevents access from the west to the area. 6. The Port Angeles Food Bank leases the property to the south of the right-of-way on a long term lease. Development of the site has caused a need for off-street parking to be developed which cannot be accommodated on-site. The vacation is being sought to acquire additional property for development of the required off-street parking. E, 7. A utility service is located at the east end of the right-of-way. If development occurs, an easement will need to be given or the service relocated. The Light Department has stated no objection to the proposal under the condition that the utility service be provided an easement. 0 8. The City's Fire and Police Departments had no comment or concerns regarding the 152 Planning Commission Minutes April 11, 2001 Page 3 proposed street vacation. 9. At this location, Valley Street and the unopened Fourth Street right-of-way are classified as local streets on the City's Circulation Plan Map. 10. 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. 11. The proposed street vacation was reviewed for consistency with the Port Angeles Comprehensive Plan. The following goals and policies were found to be the most relevant: Land use Map Goal, Policies, and Objective Goal A, and Policies 1 and 2; Industrial Goal H, Transportation Goal H, and Policy 14; Utilities and Public Services Goal B, and Policy 4. 12. The City Council adopted Resolution No. 6-01 on March 20, 2001, which was legally advertised in the Peninsula Daily News on March 25, 2001. The site was posted on March 20, 2001. No comments have been received. 13. The Port Angeles Planning Commission conducted a public hearing on the petition on April 11, 2001, which was duly advertised on March 20, 2001. 14. The Planning Commission's action constitutes a recommendation to the City Council. The City Council has scheduled a public hearing for consideration of the petition at its April 17, 2001, regular meeting. Conclusions: A. Current traffic circulation in the area will not be affected by this vacation. Future development in the area will continue to use Valley Street as access. B. The vacation of the proposed right-of-way will not interfere with the public's health, safety, or welfare. C. Development patterns in the area will not change as a result of the proposed street vacation. D. The proposed street vacation is consistent with the Port Angeles Comprehensive Plan. E. Because the right-of-way is not needed for use as a public right-of-way, vacation of the property is in the public's interest as it will allow development of the subject property in the public interest by removing vehicle parking from the main access street and providing required parking for the Food Bank use. COMMUNICATIONS FROM THE PUBLIC None. 153 �J • • 154 • OR TAN PLES & W A S H I N GTO N, U.S. A. L7 FILE PLANNING DEPARTMENT STAFF REPORT TO: CHAIR NUTTER AND PLANNING COMMISSIONERS FROM: Sue Roberds, Planning Specialist DATE: April 11, 2001 RE: STREET VACATION PETITION - STV 01-01 APPLICANT: Port Angeles Food Bank, etal OWNERS: City of Port Angeles, Edwin Brown, Janice Clark REQUEST: Vacation of a portion of right-of-way identified as a portion of Fourth Street abutting Block 85 and Block 73, TPA. RECOMMENDATION: The Planning Department recommends that the Planning Commission forward a recommendation of approval to the City Council for street vacation petition STV 01-01 based on 14 findings, and 5 conclusions found in Attachment A. ANALYSIS: A petition for vacation of the undeveloped portion .of the Fourth Street right-of-way abutting Blocks 85 and Block 73, TPA was submitted on February 7, 2001. The City of Port Angeles along with property owners, Linda Clark and Edwin Brown are abutting property owners. The petition has been signed by one hundred percent of abutting property owners as shown in Attachment B. Mr. Brown and Ms. Clark, property owners, signed the petition, however they are not interested in obtaining the vacated right-of-way. Participation in the petition is to signify that they do not oppose vacation. The City will retain ownership as public property. The Port Angeles Food Bank leases the structure on Block 85 from the City of Port Angeles. The purpose of the right-of-way vacation is to provide required off-street parking for the Food Bank activity. The Food Bank applied to expand the structure located on Lots 1- 3, 155 Planning Department Staff Report April 11, 2001 STV 01-01 - PAFood Bank etal Page 2 Block 85, TPA, during the fall of 2000. It was determined at that time that, given the constraints of the existing development, the required off-street parking would not be possible without land acquisition. The Fourth Street right-of-way remains undeveloped. The steep slope to the west of the site prevents access from the west. Traffic circulation in the area will not be affected by the proposed vacation. Vacation of the right-of-way will not interfere with the public's health, safety, or welfare. Access to the surrounding properties will not change. Valley Street serves as the main access to the corridor uses. Access to the abutting properties would continue to be from Valley Street. The vacation would provide off-street parking for the on-going community food bank use. Properties in the area are zoned IL, Industrial Light. Uses include the Food Bank, a bottling plant, the City's Light Operations Yard, a welding shop, a meat packaging plant, a storage warehouse use, and several older nonconforming single-family residential uses. DEPARTMENT REVIEWS AND COMMENTS The Public Works Department required that the applicant request vacation of the right-of- way to construct the required off-street parking area for expansion of the Food Bank site during the building permit review for the activity during the fall of 2000. They have no further comment. The Public Works Light Division noted that there are existing utilities in the right-of-way which will require an easement for access and maintenance for future development. 9 The Fire Department and Police Departments had no comment. The Solid Waste Division had no comment. ENVIRONMENTAL REVIEW: Vacation of rights-of-way is a process that is categorically exempt from a SEPA threshold determination and Environmental Impact Statement requirements per Section 197-11-800(2)(h) of the Washington Administrative Code. COMPREHENSIVE PLAN AND ZONING ORDINANCE: The Comprehensive Plan was reviewed in its entirety in consideration of the proposed street vacation. The following goals and policies were found to be most relevant to the proposal: Land Use Map Goal, Policies, and Objective Goal A To guide current and future development within the City in a manner that provides certainty to its citizens about future land use and the 156 • • Planning Department Staff Report April I I STV 01-01 - PA Food Bank etal Page 3 flexibility necessary to meet the challenges and opportunities of the future. • Policy 1. The Comprehensive Plan Land Use Map should be used as a conceptual guide for determining current and long range zoning and other land use decisions. The map's land use designations are intended to show areas where general land use types are allowed. The area between land use designations should be considered an imprecise margin in order to provide flexibility in determining the boundary of such areas. When determining appropriate zoning designations for an area near a margin, the goals, policies and objectives of the Land Use Element should take precedence. Policy 2. All land use decisions and approvals made by the City Council and/or any of its appointed Commissions, Boards or Committees should be consistent with the Comprehensive Plan and its land use map. Industrial Goal H To provide opportunities for industrial development in a manner which efficiently uses the community's various attributes and natural resources, has minimal impact on the environment, and contributes to the City's quality of life. Transportation Element Goal B To improve circulation patterns across and within the community. Policy 14 Off-street parking should be sufficient and accessible within business and residential areas to ensure that the traffic flow of the street is not impaired. Utilities and Public Services Goal B To support services and facilities through different levels of participation in cooperation with other public or private agencies. Policy 4 The City should develop and use public facilities cooperatively in the promotion of social and community services. Abutting properties are zoned Industrial Light (IL) and are designated as Industrial (I) on the City's Comprehensive Plan Land Use Map. Warehouse uses are permitted in the Industrial Light zone. PUBLIC COMMENT/NOTIFICATION: The site was posted and notice of the proposed action was published in the Peninsula Daily News on March 20, 2001. No comments were received during the publication and posting period. STV0101 This action constitutes a recommendation to the City Council. The City Council has scheduled a public hearing for consideration of the petition at its April 17, 2001, regular meeting. 157 Planning Department Staff RePOrf STV 01-01 - PA Food Bank etal April 11. 2001 Page 4 ATTACHMENT A Findings, and Conclusions in Support of Street Vacation Petition - STV 01-01 Port Angeles Food Bank etal Findings: 1. A petition for vacation of right-of-way was submitted by the Port Angeles Food Bank and others on February 7, 2001. 2. The proposed street vacation is for a portion of the unopened Fourth Street right-of-way located west of Valley Street between Blocks 85 and 73. The petition is signed by one hundred percent of the abutting property owners. 3. Zoning of the property and surrounding area is Industrial Light. 4. Surrounding land uses are nonconforming residential and light industrial which include a bottling plant, the City's power substation, and a welding shop. 5. The Valley Creek ravine wall is located directly west of the subject site which prevents access from the west to the area. 6. The Port Angeles Food Bank leases the property to the south of the right-of-way on a long term lease. Development of the site has caused a need for off-street parking to be developed which cannot be accommodated on-site. The vacation is being sought to acquire additional property for development of the required off-street parking. 7. A utility service is located at the east end of the right-of-way. If development occurs, an easement will need to be given or the service relocated. The Light Department has stated no objection to the proposal under the condition that the utility service be provided an easement. 8. The City's Fire and Police Departments had no comment or concerns regarding the proposed street vacation. 9. At this location, Valley Street and the unopened Fourth Street right-of-way are classified as local streets on the City's Circulation Plan Map. 10. 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. 11. The proposed street vacation was reviewed for consistency with the Port Angeles Comprehensive Plan. The following goals and policies were found to be the most relevant: Land use Map Goal, Policies, and Objective Goal A, and Policies 1 and 2; Industrial Goal H, Transportation Goal H, and Policy 14; Utilities and Public Services Goal B, and Policy 4. 158 • 0 • Planning Department Staff Report April H. 2001 STV 01-01 - PA Food Bank etal Page S 12. The City Council adopted Resolution No. 6-01 on March 20, 2001, which was legally advertised in the Peninsula Daily News on March 25, 2001. The site was posted on March 20, 2001. No comments have been received. 13. The Port Angeles Planning Commission conducted a public hearing on the petition on April 11, 2001, which was duly advertised on March 20, 2001. 14. The Planning Commission's action constitutes a recommendation to the City Council. The City Council has scheduled a public hearing for consideration of the petition at its April 17, 2001, regular meeting. Conclusions: A. Current traffic circulation in the area will not be affected by this vacation. Future development in the area will continue to use Valley Street as access. B. The vacation of the proposed right-of-way will not interfere with the public's health, safety, or welfare. C. Development patterns in the area will not change as a result of the proposed street vacation. D. The proposed street vacation is consistent with the Port Angeles Comprehensive Plan. E. Because the right-of-way is not needed for use as a public right-of-way, vacation of the property is in the public's interest as it will allow development of the subject property in the public interest by removing vehicle parking from the main access street and providing required parking for the Food Bank use. Attachments: Findings and Conclusions Application • 159 • • 0 * FOURT TY OF PORT ANGELES SCALE PUBLIC WORKS 0 P(ot Date; x ST. ST. S T. FOURTH ST. VACATION PORT ANGELES FOOD BANK etal evislon Date., x Filey d r YF e �n t.. F _ I I I I L JI L. -1I 11LL L I I J 'L E� TT_I C3 ► I II 1 1 1 1❑ I I� J I ► F JI �11 12 I lJ ► !{ IS 16 I 17 IB 19 ( ZI 10 9 I 8 I � JII I I �JILJ 7 I I I I i FJ_Jl4 6 5 4T-3 ? I 1 I 9 8 6 l 7 I I I I LJ Vi1 I i,.- !L J_ -! r� LJ � 110 I I I I I I -a 11 12 I 13 163 'p r— ESRI ArcExplorer 1.1 STV01-01 Port Angeles Food Bank etal rcas �A- N 0 5a 100 150 Thursday, Apr 12 2001 9 0 0 form contour line contour depression index (10) contour depression contour index (10) % contour spot —}— intersection - building street - bridge street cl streams Thursday, Apr 12 2001 9 0 0 ORT A METRO PO MAN CONaVIUNICATION S CONSULTANTS Telecommunications and Related Ordinances Final Report Public Works and Utilities Community Development April 17, 2001 Today's Presentation Brief background • Development process • Public involvement/information • Proposed comprehensive ordinances • What's next? Brief Background • Telecommunications policies • Federal law • State law 1 Brief Background Development Process �ntemal Draft Intemal/Extemal , Final Interim Document 1 i.: , legal Review 1Procedures 11/1/00 12/20/00 1/5/01 Staff Team Report to P.C. Joint Meeting of Review 12/13/00 Council. U.A.C., P.C.. 11/10/00 PA Worksl 1/16/01 Steering ® Report to UAC Committee 12/11 bo 11 /16/00 Internal Draft Report to PA Document 2 Works! 12/8/00 12/12/00 2 Development Process Stakeholder P.C. Public City Council Comment Period •, Hearing ,; ; Public Hearing 1/5/01-2/16/01 3/14/01 4/17/01 Final Draft P.C. Document 4 Recommendation 2!16/01 3/28/01 { Intemal/Fxdemal R U.A.C. Legal Review Recommendation.' 3/2/01 4/9/01 OWNAMNAP'I 13SG Public Involvement/Information • Public comment period • Outreach • City Council, Planning Commission, Utility Advisory Committee, PA Works! • Staff team and management oversight • Summary of comments 3 Proposed Comprehensive Ordinances Streets and . Business Licensing Revenue and ITioning Public UtilitiesSidewalks and Regulation Finance t 17 Title 11 Title 13 Title 5 Title 3 Wireless Ordinance Overview ZoningInternational Municipal Lawyers Title 17 Association Model • Towers • Telecommunications facilities M Wireless Ordinance Overview Zoning Exempt facilities (comments Title 17 received) • Local zoning authority • Radio frequency emissions • Mobile data services (comments received) Wireless Permit Procedure Zoning Lease of non -City Title 17 utility poles, conduit,, structures, buildings or land Lease of City utility Utility Advisory poles, conduit and structures Committee Real Estate Committee Lease of City •�,? (Parks Board °r buildings or land if in City Park) a Tower - UUP Application e ecom acr r y - Application ` 120 Day Limit Plan=C.mm.s...n City Council (Applicant Appeals Only) 67 Wireless Application Requirements Zoning • Site plan Title 17 • Photo -simulations • Co -location • Notification • Bond and permit fee Telecom Ordinance Overview Streets idewaks • Master permit, license Title I1 w.. • Facility lease • Use permit • Transitional provisions (comments received) Telecom Application Process Lease of non -City Streets and ' utility poles, conduit .,,x _,,,•�„ ,. ,,, ,, Sidewalks structures, buildings or land b... 2. Title 11 Right -of -Way Use., ..«„ Lease of City utility Utility Advisory poles, conduit and structures Committee y Real Estate Committee Lease of City (Parks Board'; buildings or land if in City Park) Master Permit or License Application Utility Advisory Committee 120 Day Limit City Council e ROW Management Streets and • Safety and emergency Sidewalks Title 11 W _.. itle I I • Tree trimming Location/relocation/removal of facilities Telecom Application Summary Streets and . Master permit or license Sidewalks Title 11 ,M • Engineering plans & specifications • Route map • Permit fee • Insurance • Security Update to ROW Requirements Streets and . ROW construction Sidewalks Title 11 • Performance bond • Excess capacity (comments) • Notification and coordination s Pole Attachment Ordinance Zoning Streets and Public Utilities Business Licensing Revenue and Sidewalks and Regulation Finance Title 17 Title I 1 Title 13 Title 5 Title 3 ---- .. . ... . . .... ................. General Provisions Fees (Licenses) Chapter 3.70 Chapter 5.04 Public Utility Tax Chapter 5.80 Pole Attachment Summary Public Utilities Pole rental agreements (comments Title 13 received) • Notification/coordination • ROW use permit required • Construction requirements 0 Master Wireless Telecommunications Telecommunications Chapter 17.52 Ordinance Chapter 11.14 Definitions Construction or Chapter 17.08 Excavation Work UUP Within ROW Chapter 17.96 Chapter 11.08 ROW Use Chapter 11.12 ---- .. . ... . . .... ................. General Provisions Fees (Licenses) Chapter 3.70 Chapter 5.04 Public Utility Tax Chapter 5.80 Pole Attachment Summary Public Utilities Pole rental agreements (comments Title 13 received) • Notification/coordination • ROW use permit required • Construction requirements 0 Update to Business Licensing Business Licensing . Telecommunications business and and Regulation Title 5 service updated definitions In computing the tax there shall be deducted from the gross operating revenues the following items: A Effective January 1, 2002, the amounts of credit losses and uncollectibles actually sustained by the 10 Update to Fees Revenue and Finance . Pole attachment rate Title 3 • Cost of service analysis • Cost allocation formula • City cost benchmarks Pole Attachment Cost Increases Average PoleHVI ;'�, , Value' ENR Building Cost Index Northland .. Proposed Increase Qwest/Others .. Proposed 0.30% Increase Percent Annual Increase (1984 to present) 11 Proposed Pole Contact Fees ■Northland, current rate $6.81, proposed increase 1.3% MQwest/Others, current rate $8.00, proposed increase 0.3% E] FCC Benchmark, $10.67 $12.00 w $10.00 $8.00 - - - - w $6.00 $4.00 c $2.00 IL $0.00 CID (D Cfl CID CID CID O O Cp Co CID CID CID CID O O -01 --j O W M CID N (A Updates for other Fees Revenue and . Wireless telecommunications towers Finance Title 3 • Wireless telecommunications facilities • Master telecommunications permit • ROW license permit • ROW use permit 12 What's Next? City Council • Tonight's public hearing Public Hearing 4/17/01 • Codification Codified Document 5115101 Adoption 5/9/01 City Council Adoption 5/15/01 13 • • CITY COUNCIL DATE: April 17, 2001 To: MAYOR DOYLE AND CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works and Utilities Brad Collins, Community Development Director SUBJECT: Telecommunications and Related Ordinances Public Hearing Summary: Following the public comment period, the City's consultant, Metropolitan Communications Consultants (MCC), the law firm of Dow, Cogburn and Friedman, and Staff prepared the final report on Telecommunications and Related Ordinances. Recommendation: Following a Staff presentation on the final report, conduct a public hearing on the proposed Telecommunications, Pole Attachment, and Wireless Telecommunications Tower And Facilities ordinances and telecommunications related updates to existing ordinances including Fees, Business Licensing, Public Utility Tax, Construction or Excavation Work Within Right -of -Way, and Right -of -Way Use. Staff recommends the public hearing be continued to May 1, 2001 at which time Council should adopt the attached ordinances, including a citation of the Planning Commission's findings and conclusions in support of that action. Background/Analysis: On October 17, 2000, City Council approved the Community Telecommunications Action Plan ("Action Plan"). The Action Plan identified the need for a comprehensive approach to telecommunications policy including a Telecommunications ordinance that would reference other ordinances including Pole Attachment, Wireless Telecommunications Tower And Facilities, Fees, Business Licensing, Public Utility Tax, Construction or Excavation Work Within Right -of -Way, and Right -of -Way Use. A comprehensive approach to telecommunications policy is needed to satisfy City economic development goals, comply with federal and state laws, and to improve management of public rights-of-way anticipating increased telecommunications construction demands. During the months of January and February 2001, the Planning Commission conducted work sessions on the draft Wireless Telecommunications Tower and Facilities ordinance. Following several draft changes, on March 28, 2001, the Planning Commission held a public hearing and recommended City Council adopt the Wireless Telecommunications Towers and Facilities ordinance. There were no concerns raised by the public during the hearing. An excerpt of the Planning Commission's discussion is attached to this memorandum for additional information. 165 City Council Memo RE: Telecommunications and Related Ordinances Public Hearing Page 2 0 A public comment period on the draft ordinances was advertised by public notice from January 5, 2001 to February 16, 2001 to ensure that the ordinances satisfy the needs of telecommunications service providers. In consideration of the comments, changes to the ordinances underwent a second internal and external legal review. On April 9, 2001, the Utility Advisory Committee supported Staff's recommendation to City Council to hold a public hearing and adopt the new ordinances for Telecommunications, Pole Attachment, and Wireless Telecommunications Tower and Facilities along with updates to the existing Fees, General Provisions, Public Utility Tax, Construction or Excavation Work Within Right -of -Way, and Right -of- Way Use ordinances. Pole Attachment Fee As part of the development of telecommunications and related ordinances, it was discovered that the last time the City adjusted its pole rental rates was in 1984. Telecommunications service providers occupy about 12% of the usable space on City utility poles. Completion of the pole rental rates analysis was included in a cost of service analysis (COSA) that is underway for the electric utility by Economic and Engineering Services, Inc (EES). EES completed an analysis that included several benchmarks and comparisons. Using the City's cost data and the current Federal Communications Commission (FCC) formula, which is a recognized benchmark, the pole attachment fee would be $10.67. The FCC has established a revised formula that will be effective February 8, 2005. Using the City's cost data and the revised FCC formula, the pole attachment fee would be $20.44. On April 9, 2001, the Utility Advisory Committee recommended adjusting the City's fee beginning in 2002 through year 2005, in the amounts of $8.50, $9.00, $9.50 and $10.00 respectively. In year 2002, the adjustment would result in a cost increase to Northland Cable from $6.81 to $8.50 per pole contact, which represents an annual compound rate increase of 1.2% since 1984. The cost increase to all other parties that attach to City utility poles represents a 0.3% (3/10th's of 1.0%) annual compound rate increase since 1984. The average City utility pole value (net of depreciation) is currently $448.41 and was $230.72 back in 1984, which represents an annual compound increase at the rate of 3.7%. The ENR building cost index (a measure of how much it costs to purchase a package of goods and services) in 1984 was 4146 and in year 2000 was 6221, which represents an annual compound increase at the rate of 2.5%. Attachment: Telecommunications and Related Ordinances Adoption Final Draft Planning Commission Minutes Dated March 14, 2001 • NAP W KS\UGH.ELE..REPORT3.. WPD 166 FINDINGS AND CONCLUSIONS IN SUPPORT OF MUNICIPAL CODE AMENDMENT - MCA 00-04 -TELECOM M UNIQATIONS WIRELESS AND FACILITIES ORDINANCE: Findings. 1. The overall demand by citizens for wireless communications services has generated a need for the installation of wireless communication facilities and towers to serve the public. 2. Wireless Communication Facilities or portable communication services provide personal convenience, business, and useful emergency purposes. 3. The Federal Communications Commission requires license holders to provide coverage to areas where wireless communications licenses have been acquired which requires that facilities be constructed to accomplish that purpose. 4. The Federal Telecommunications Act (FTA) of 1996 preserves local zoning authority to reasonably regulate Wireless Communication Facilities provided that the FTA mandates localities may not unreasonably discriminate among license holders nor have the effect of prohibiting the provision of wireless service. 40 5. It is the intent of the city of Port Angeles to establish guidelines and regulations such that unregulated or under regulated development of wireless communications services and uses within rights-of-way do not create significant visual, land use, or other impacts within the City. 6. Wireless communications services located near residential, commercial, and business zones can be regulated to assure that reasonable mitigating measures are employed to protect the public health, safety, and welfare. 7. The City of Port Angeles intends to establish a greater sense of quality and unity in the development of wireless telecommunication facilities consistent with the physical assets and adopted Comprehensive Plan for the community. The entire Plan was reviewed with respect to the proposed ordinance. 8. The City desires to ensure consistency and predictability for telecommunication providers requesting to site wireless telecommunication facilities within the City and for residents who require assurance that the City will assist in making available desirable • 167 Findings and Conclusions MCA 00-04 Page 2 assurance that the City will assist in making available desirable technology advancements. 9. The Communications Act of 1934 as amended by the Telecommunications Act of 1996 granted the Federal Communications Commission exclusive jurisdiction over the regulation of environmental effects of radio frequency (RF) emissions from Telecommunications Facilities and the regulation of radio signal interference among users of the RF spectrum. 10. The proposed ordinance has been reviewed with the mandates of the City of Port Angeles Comprehensive Plan, as amended, and has been found to be in compliance with the spirit and intent of the Plan. 11. A determination of nonsignificance (DNS) was issued by the City's SEPA Responsible Official on March 26, 2001, pursuant to WAC 197-11- 340(2). 12. The proposed ordinance contains provisions intended to limit the number of structures within the City which exceed the height limitation of the underlying zone while allowing facilities that are verified as being required in areas where they might otherwise be prohibited. 13. City residents are accustomed to seeing utility facilities located within public rights-of-way. 14. Co -location of tower structures rather than construction of single use towers within the City is a primary objective. 15. The Planning Commission held work sessions to discuss the draft proposal conducted during regular meetings. Notification of the public hearing scheduled to discuss the draft proposed regulations was published in the Peninsula Daily News on March 8, 2001, with notices placed at the Clallam County Courthouse, the Port Angeles Library, and City Hall. No public comments have been received as a result of the notification. 16. A 42 -day review period was provided for service providers to provide comment on the proposed regulations. Those comments have been incorporated into the draft ordinance. 17. The Planning Commission conducted work sessions during regular meetings regarding the proposed ordinances on November 8, 2000, and February 14, 2001. A public hearing was duly advertised and conducted on March 28, 2001, on the proposed ordinances. El • Findings and Conclusions MCA 00-04;;, Page 3 18. The City's Utility, =Advisory Comm.j a met jointly with the Planning Commission on January 16, 2001, to discuss and review the proposed regulations. Conclusions: A. The provisions contained within the proposed ordinance establish wireless communications regulations, standards, and procedures consistent with the protection of the public health, safety, and general welfare and interests of the citizens of the City of Port Angeles and surrounding community. B. The proposed ordinance has been reviewed with respect to the requirements of the State Environmental Policy Act (SEPA) and has been determined to have no probably significant adverse environmental impacts. C. The proposed standards will provide development opportunities to serve the community proportionate to the scale of development. D. Growth Management Element Goal A, Policy 1.e. and g, and Policies 14 and 15; land Use Map Goal A, Policies 1 and 2, and Objective A.1; Residential goal and Policies Goal B, Goal C, and Policy 1; Commercial Goal D., and Policy 1; Utilities and Public Services Element Goal B, Policies 3 and 4, Goal C, Goal D, Policy 5, and Goal E Policy 5 are most relevant in support of the telecommunications ordinance. E. The continued development of small telecommunications facilities within public rights-of-way should result in minimal impacts within al zones of the City. F. Adoption of a permit process will provide clear development standards and will result in a fast and predictable process for obtaining land use permits associated with the development of wireless facilities within the City. Adopted by the Port Angeles City Council at its meeting of May 1, 2001. Larry Doyle, Mayor Becky J. Upton, City Clerk 169 Planning Commission Minutes March 28, 2001 Excerpt PUBLIC HEARINGS 0 MUNICIPAL CODE AMENDMENT - MCA 00-04 - CITY OF PORT ANGELES - TELECOMMUNICATION ORDINANCE: Adoption of rules regarding the establishment of telecommunications facilities including towers within the City of Port Angeles. Vice Chair Schramm opened the public hearing. Tom Newcomb, 1857 Harborcrest Place, thanked the Commission on behalf of the over 500 HAM radio operators in the area for recognizing such activities as exempt in the draft Telecommunications Ordinance. There being no further speakers, Vice Chair Schramm closed the public hearing. Brief discussion took place regarding setbacks noted as required in residential zones for towers exceeding 60' in height. It was explained that the requirement to allow one foot of setback for each foot of tower height exceeding 60' is to assure that in the event of tower collapse, the structure would fall on the property on which it is situated. Commissioner Hewins moved to recommend that the City Council approve a new Section 17.52 to the Port Angeles Municipal Code with regard to wireless telecommunication and tower facilities. Commissioner Craver seconded the motion. Planning Specialist Roberds noted that the entire Wireless Telecommunications Towers and Facilities Ordinance needs to be recognized in the motion. Commissioner Hewins amended the.motion to be that the Planning Commission recommends the City Council adopt the Wireless Telecommunications Towers and Facilities Ordinance citing the following findings and conclusions: Findings: The overall demand by citizens for wireless communications services has generated a need for the installation of wireless communication facilities and towers to serve the public. 2. Wireless Communication Facilities or portable communication services provide personal convenience, business, and useful emergency purposes. 3. The Federal Communications Commission requires license holders to provide coverage to areas where wireless communications licenses have been acquired which requires that facilities be constructed to accomplish that purpose. 4. The Federal Telecommunications Act (FTA) of 1996 preserves local zoning authority to reasonably regulate Wireless Communication Facilities provided that the FTA mandates localities may not unreasonably discriminate among license holders nor have the effect of prohibiting the provision of wireless service. 170 Planning Commission Minutes March 28, 2001 5. It is the intent of the city of Port Angeles to establish guidelines and regulations such is that unregulated or under regulated development of wireless communications services and uses within rights-of-way do not create significant visual, land use, or other impacts within the City. 6. Wireless communications services located near residential, commercial, and business zones can be regulated to assure that reasonable mitigating measures are employed to protect the public health, safety, and welfare. 7. The City of Port Angeles intends to establish a greater sense of quality and unity in the development of wireless telecommunication facilities consistent with the physical assets and adopted Comprehensive Plan for the community. The entire Plan was reviewed with respect to the proposed ordinance. The City desires to ensure consistency and predictability for telecommunication providers requesting to site wireless telecommunication facilities within the City and for residents who require assurance that the City will assist in making available desirable technology advancements. 9. The Communications Act of 1934 as amended by the Telecommunications Act of 1996 granted the Federal Communications Commission exclusive jurisdiction over the regulation of environmental effects of radio frequency (RF) emissions from Telecommunications Facilities and the regulation of radio signal interference among users of the RF spectrum. 10. The proposed ordinance has been reviewed with the mandates of the City of Port Angeles Comprehensive Plan, as amended, and has been found to be in compliance with the spirit and intent of the Plan. 11. A determination of nonsignificance (DNS) was issued by the City's SEPA Responsible Official on March 26, 2001, pursuant to WAC 197-11-340(2). 12. The proposed ordinance contains provisions intended to limit the number of structures within the City which exceed the height limitation of the underlying zone while allowing facilities that are verified as being required in areas where they might otherwise be prohibited. 13. City residents are accustomed to seeing utility facilities located within public rights- of-way. 14. Co -location of tower structures rather than construction of single use towers within the City is a primary objective. 15. The Planning Commission held work sessions to discuss the draft proposal conducted during regular meetings. Notification of the public hearing scheduled to discuss the draft proposed regulations was published in the Peninsula Daily News on 171 Planning Commission Minutes March 28, 2001 March 8, 2001, with notices placed at the Clallam County Courthouse, the Port Angeles Library, and City Hall. No public comments have been received as a result of the notification. 16. A 42 -day review period was provided for service providers to provide comment on the proposed regulations. Those comments have been incorporated into the draft ordinance. 17. The Planning Commission conducted work sessions during regular meetings regarding the proposed ordinances on November 8, 2000, and February 14, 2001. A public hearing was duly advertised and conducted on March 28, 2001, on the _ proposed ordinances. 18. The City's Utility Advisory Committee met jointly with the Planning Commission on January 16, 2001, to discuss and review the proposed regulations. Conclusions: A. The provisions contained within the proposed ordinance establish wireless communications regulations, standards, and procedures consistent with the protection of the public health, safety, and general welfare and interests of the citizens of the City of Port Angeles and surrounding community. B. The proposed ordinance has been reviewed with respect to the requirements of the State Environmental Policy Act (SEPA) and has been determined to have no probably significant adverse environmental impacts. C. The proposed standards will provide development opportunities to serve the community proportionate to the scale of development. D. Growth Management Element Goal A, Policy Le. and g, and Policies 14 and 15; land Use Map Goal A, Policies 1 and 2, and Objective A.1; Residential goal and Policies Goal B, Goal C, and Policy 1; Commercial Goal D., and Policy 1; Utilities and Public Services Element Goal B, Policies 3 and 4, Goal C, Goal D, Policy 5, and Goal E Policy 5 are most relevant in support of the telecommunications ordinance. E. The continued development of small telecommunications facilities within public rights-of-way should result in minimal impacts within al zones of the City. F. Adoption of a permit process will provide clear development standards and will result in a fast and predictable process for obtaining land use permits associated with the development of wireless facilities within the City. Commissioner Norton seconded the amendment. The vote on the amendment was unanimous. The vote on the original motion was then called for and passed unanimously. 172 • s THE CITY OF PORT ANGELES Telecommunications and Related Ordinances March 27, 2001 Adoption Final Draft 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 173 The City of Port Angeles, Washington TELECOMMUNICATIONS AND RELATED ORDINANCES March 27,2001 - Adoption Final Draft Staff Team Members Specific Roles, Needs and Interests Scott McLain Oversight Deputy Director of Power Systems Larry Dunbar Project Management Power Resources Manager_ Comprehensive telecommunications ordinance review, Craig Knutson Ci Attorne legal services Cable television PEG access needs and interests, licens- Becky Upton Ci Clerk in ,taxation Yvonne Ziomkowski Finance and taxation Finance Director ROW construction management. Telecommunications Gary Kenworthy Deputy Director of En eerin Services needs for water, wastewater, refuse & streets utilities Wireless telecommunications towers and facilities ordi- Brad Collins Planning Director nance development Wireless telecommunications towers and facilities ordi- Sue Roberds Planning Specialist nance development Telecommunications needs for electric utility. Jim Harper Electrical En eerie Mana er Pole attachment requirements. Tim Smith E-nabled Visions, BridgeWorks and Unisys Economic Develo ment Director Tanya O'Neill T City LAN, WAN Information Tech-- Mana er Wireless telecommunications towers and facilities ordi- Naomi Wu Communications Manager nance development, co -location on City owned struc- tures Steering Group Mike Quinn, c-ity manager Glenn Cutler, Public Works and Utilities Director Scott McLain, Deputy Director of Power Sysi 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 Metropolitan Communications Consultants I�� 3/27/2001 • �J • • The City of Pon Angeles, Washington TELECOMMUNICATIONS AND RELATED ORDINANCES March 27, 2001- Adoption Final Draft Table of Contents A. Applicable Telecommunications Policies and Regulations 1. Local Goals and Policies - An Opportunity for Port Angeles.....................................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 6. Public Involvement Summary ......................................................................................... 8 B. Telecommunications Ordinance 1. MCC Customized Telecommunications Ordinance, Chapter 11.14, Final ................9 2. Telecommunications Master Permit Approval Procedure, Final ............................. 39 3. Master Permit, Final.............................................................................................42 C. Pole Attachments 1. Chapter 13.14, Pole Attachment Ordinance, Final.....................................................47 D. Wireless Telecommunications Towers and Facilities 1. Chapter 17.52, Wireless Telecommunications Towers and Facilities Ordinance, Final.............................................................................................................51 2. Wireless Telecommunications Towers and Facilities Unclassified Use or Conditional Use Permit Procedure, Final ................................. 62 E. Related Ordinances 1. Chapter 3.70, Fees, Final............................................................................................ 65 2. Chapter 5.04, General Provisions, Final.......................................................................71 3. Chapter 5.80, Public Utility Tax, Final......................................................................... 73 4. Chapter 11.08, Construction or Excavation Work Within ROW, Final ....................74 5. Chapter 11.12, Right -of -Way Use, Final.......................................................................81 Metropolitan Communications Consultants 3/27/2001 175 A. Applicable Telecommunications Policies and Regulations page 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 Internet 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 opportunity and recommended goal is to prepare, equip, and empower all segments of City government to use advanced telecommuni- cations to optimizel 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. • 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 policies, 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/ 2http• / /www.solanocounly-com/­` Metropolitan Communications Consultants 176 3/27/2001 • • 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 telecommum- 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 3/27/2001 177 A. Applicable Telecommunications Policies and Regulations page 3 non-discriminatory, competitively and technologically neutral, and non-exclusive way to the ex- tent 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 law. • 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 Three new ordinances are proposed for adoption: a master telecommunications ordinance (Chapter 11.14), a pole attachment ordinance (Chapter 13.14) and a wireless telecommunications towers and facili- ties ordinance (Chapter 17.52). Other existing ordinances that have been updated are: construction or excavation work within the right- of-way (Chapter 11.08), right-of-way use (Chapter 11.12), fees (Chapter 3.70), licensing (Chapter 5.04) and public utility tax (Chapter 5.80). An organizational chart by title/ chapter and by hierarchy of the telecommunications and related ordi- nances is presented on the next page. Metropolitan Communications Consultants 178 3/27/2001 • • A. Applicable Telecommunications Policies and Regulations Revenue and Business Licensing Finance and Regulation Title 3 Title 5 Fees Chapter 3.70 Streets andI Public Utilities Sidewalks Title 13 Title 11 Zoning Title 17 Wireless Pole Attachment Communications Chapter 13.14 Facilities Chapter 17.52 Table 1: Telecommunications and Related Ordinances Organizational Chart Master Telecommunications Ordinance Chapter 11.14 Wireless Construction or Excavation Work Public Utility Tax Pole Attachment Communications Within ROW Chapter 5.80 Chapter 13.14 Facilities Chapter 11.08 Chapter 17.52 Fees General Provisions FCh OW Use (Licenses) ater 11.12 Chapter 3.70 Chapter 5.04 p Table 2: Telecommunications and Related Ordinances Hierarchy Chart Metropolitan Communications Consultants page 4 3/27/2001 179 Master General Provisions Telecommunication (Licenses) Ordinance Chapter 5.04 Chapter 11.14 Construction or Public Utility Tax Excavation Work Chapter 5.80 Within ROW Chapter 11.08 ROW Use Chapter 11.12 Zoning Title 17 Wireless Pole Attachment Communications Chapter 13.14 Facilities Chapter 17.52 Table 1: Telecommunications and Related Ordinances Organizational Chart Master Telecommunications Ordinance Chapter 11.14 Wireless Construction or Excavation Work Public Utility Tax Pole Attachment Communications Within ROW Chapter 5.80 Chapter 13.14 Facilities Chapter 11.08 Chapter 17.52 Fees General Provisions FCh OW Use (Licenses) ater 11.12 Chapter 3.70 Chapter 5.04 p Table 2: Telecommunications and Related Ordinances Hierarchy Chart Metropolitan Communications Consultants page 4 3/27/2001 179 A. Applicable Telecommunications Policies and Regulations page 5 The current status of proposed telecommunications and related regulations is given below in Table 3. Item Description To comply with status page Comments Telecommunications Policies Final 2 Use opportunity to state City's pro -active position. 1 Policy Guidelines 2001 Council Goals, Document in Telecom Ordinance Objectives, Programs/Projects Ordinances Telecommunications Ordinance 1996 TCA, RCW 35.99 Final 9 Chap. 11.14 PAMC Telecommunications 2 Title 13 PAMC Final 47 Chap. 13.14 PAMC Pole Attachments 3 Pole Attachments Title 17 PAMC Final 54 Chap. 17.52 PAMC Wireless Ordinance 4 Wireless Ordinance Title 3 PAMC Final 65 Chap. 3.70 PAMC Fees 5 Fees Title 5 PAMC Final 71 Chap. 5.04 PAMC Business License 6 Licensing Title 5 PAMC Final 73 Chap. 5.80.030 PAMC Telecom businesses 7 Taxation Final 74 Chap. 11.08 PAMC Construction or Excavation Work 8 Right-of-way Ordinance Title 11 PAMC Within Rights -of -Way 9 Extra conduit authority RCW 35.99.070 incl in 8 73 Chap. 11.08.020B 10 Right-of-way Ordinance Title 11 PAMC Final 81 Chap. 11.12 PAMC Right -of -Way Use ___ Franchises and Permits 18 42 RCW 80.36.040 Municipal Consent 11 Master Permit RCW 80.36.040 see General permission to use the r/w. or Municipal Consent RCW 35.99.030(l) Chap.11.14.010E Chap. Northland cable, Franchise expires 10/1/2003 12 Cable Television Franchise in process in process Negotiate in Franchise Renewal 13 Institutional Network Agreement RCW 35.99.030(2) Permit to install facilities in a specified location. 14 Use Permit Most commonly a construction or r/w permit Chap. 11.08.020 & Chap. 11.14.0106 15 Facilities Lease or License Chap. 11. 14.01 OF Use of city facility assets Administrative 16 Written explanation of master RCW 35.99.030(1)(a) Final 39 Check list permit approval process 17 Written explanation of wireless Final 62 Check list permit approval process 18 Interim Master Permit Cha 11.14.010E P• in place Completed 1/16/01 19 Interim Pole Attachment Agmt Title 13 PAMC in place Completed 1116101 Com P in place Completed 1/16/01 20 Interim Unclassified Use Permit Permit approval process record RCW 35.99.030(3) future Denial of master permit requirement 21 Reasonable advance notice of RCW 35.99.030(5)(a) future City engineering and public works coordination 22 plans for construction in r/w process Table 3: Status of Proposed Port Angeles Telecommunications Policies and Regulations 3/27/2001 Metropolitan Communications Consultants A. Applicable Telecommunications Policies and Regulations page 6 • 4. Interim Application Procedures and Permit Agreements to accommodate permit applicants during the transitional period before the final The interim procedures ordinances are adopted were completed on January 16, 2001. Finish Start ...... —...... ---- Internal Draft Internal/External ; Final Interim Report to qty Document 1 ► Legal Review i— - ► Procedures -- -- Council 11/1/00 12/20/00 1/5/01 '•; 1/16/00 V ....... ..... — --------------..._—..... — i Staff Team Report to P.C. Review 12/13/00 11/10/00 - Steering Report to UAC Committee ♦I 12/11/00 11/16/00 .................. .- --- ..... ..- Internal Draft Report to PA Document 2 Worksl 12/8/00 12/12/00 I is • Table 4: Interim Application Procedures and Permit Agreements Flowchart Metropolitan Communications Consultants 3/27/2001 181 A. Applicable Telecommunications Policies and Regulations page 5. Comprehensive Telecommunications and Related Ordinances A timeline flowchart (Table 5) of the recommended development of comprehensive telecommunications and related ordinances is presented below. The timeline describes the specific activities to be completed through the adoption process. This document represents the final draft (#5) incorporating internal and external legal review comments and concludes the "Internal/External Review 2" step shown in Table 5 below. From here the document will be processed through committee recommendations, codification and Council adoption. Start P.C. Committee U.A.C. 11/16/00 P.A. Works! Internal Draft emal/External Internal Draft Document 1 — Review 1 ----- !Legal Document 3 11/1/00 12/20/00 115/01 ....... - ..... —_.. -- - --- -----T_.............. Staff Team Pole Rental Stakeholder Review �— ►i COSA ---- Comment Period 11/10/00 1/12/01 1/5/01-2/16/01 Steering P.C. Committee U.A.C. 11/16/00 P.A. Works! City Council ................ -....._T....._. - --. Internal Draft Presentation Document 2 - 1/16/01 12/8/00 Final Draft P.C. Codified ---► Recommendation --b4i Document Document 4 4/11/01 4/13/01 3/9/01 -.... -..-................ _._._.— U.A.C. City Council Intemal/External Public Hearing Legal Review 2 Recommendation; 4/17/01 3/21101 4/9/01 --- .. - - ...-.--- P.A. Works! City Council P.C. Public Adoption Hearing Recommendation;--- 5/8/01 4/2/01 3/28/01 _...._..._... --- ----- - Finish Table 5: Comprehensive Telecommunications and Related Ordinances Flowchart 0 3/27/2001 Metropolitan Communications Consultants is A. Applicable Telecommunications Policies and Regulations page 8 6. Public Involvement Summary The telecommunications and related ordinance drafts have been made available for review and comment including posting of drafts on the project website: h=://www.mcco.com/PortAngeles/`­index.html Comments received have been incorporated into the latest drafts as applicable. Input solicited from Comments Government organizations PA City Council Presentation made and input invited PA Utility Advisory Committee Presentations made and input invited PA Planning Commission Comments on Wireless ordinance drafts incorporated PA Works! Committee Presentation made and input invited PA City Departments Comments on all drafts received and incorporated PA City Staff Team Comments on all drafts received and incorporated Clallam County PUD No.1 Service providers Qwest Comments on draft 3 received, discussed and incorporated. Northland Cable Television Comments on draft 3 received and explained Fairpoint Communications Sprint Communications Burst Wireless Internet Service Providers Olypen Tenforward Communications OlympusNet Telecommunications Contractors Angeles Communications Comments on draft 3 received and incorporated Excel Utility Construction Comments on draft 3 received and incorporated Metropolitan Communications Consultants 3/27/2001 B. Telecommunications Ordinance 1. Chapter 11.14, MCC/DCF Customized Telecommunications Ordinance, Final ORDINANCE NO. ------ AN ORDINANCE of the City of Port Angeles, Washington, regulating telecommunications facilities within City rights-of-way, estab- lishing fees for such facilities, and adopting Chapter 11.14 of the Port Angeles Municipal Code. page 9 The City Council of the City of Port Angeles does hereby ordain as follows: Section 1. A new Chapter 11.14 of the Port Angeles Municipal Code is hereby adopted to read as fol- lows: CHAPTER 11.14 TELECOMMUNICATIONS FACILITIES WITHIN RIGHTS OF WAY Sections: 11.14.010 General Provisions. 11.14.020 Administrative Provisions. 11.14.030 Fees and Compensation. 11.14.040 Conditions of Licenses, Master Permits and Leases. 11.14.050 Compliance. Section 11.14.010 - General Provisions A. Findings and Purpose. B. Definitions. C. Occupation License Required. D. Right -of -Way License Required for Private Telecommunications for Non -Service Providers. E. Master Permit Required for Use of Rights -of -Way within the City. F. Persons Asserting an Existing State -Wide Grant. G. Facilities Lease Required. H. Use Permits Required. 1. Transitional Provisions. A. Findings and Purpose. 1. The City Council finds that use of therights-of-wayrest to pe t use offor service roviders and other operators of tele- s righ of -way d to establish standard communications systems, in a manner which: (a) Encourages competition by establishing non-discriminatory terms and conditions under telecommunications systems may use valu- which service providers and other operators of able public property to serve the public. (b) Protects the public interest in the use of the limited physical capacity of the public rights-of- way. (c) Protects the public and the City from any harm resulting from such private use of rights -of - 3/27/2001 Metropolitan Communications Consultants • 0 B. Telecommunications Ordinance page 10 way and preserves and improves the aesthetics of the community. (d) Protects and carries out the regulatory federal d state of the City and recovers administrative costs, in a manner consistentwith 2. The Council of the City of Port Angeles finds that the City's 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 a non-discriminatory, competi- tively neutral, and non-exclusive way to the extent required under applicable law. (b) Encourage open competition and the provision of advanced and high quality telecommuni- 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 theplural 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 successors in authority. If specific provisions of law 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 3/27/2001 Metropolitan Communications.Consultants 185 B. Telecommunications Ordinance page 11 interpreted broadly to cover government actions, however nominated, and include laws, ordinances and regulations now in force or hereinafter enacted or amended. 0 "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. "Cable System" means a facility, consisting of a set of closed transmission paths and associated signal 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: retransmit the television signals of one or more television broadcast 1. A facility that serves only to stations; 2. st 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 d, consolidated, enlarged or reincorporated form incorporated form or in any later reorganize . "City property" means and includes all real property, utility poles, conduits, bridges and similar facilities owned by the City, other than public streets and utility easements as those terms are defined herein, and all property held in a proprietary capacity by the City, which are not subject to right-of-way licensing 3/27/2001 Metropolitan Communications Consultants B. Telecommunications Ordinance page 12 0 and master permitting as provided in this Chapter. "Council" means the City Council of the City of Port Angeles, Washington. "Director" means the Director of Public Works and Utilities the City of Port Angeles or his/her designee. "Easement" means any City -held easement for access to and or for public utilities. "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. "Excess Capacity" means the volume or capacity in any existing or future duct, conduit, manhole, hand - hole or other utility facilities within the right-of-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 appliances necessary 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. "FCC" or "Federal Communications Commission" means the federal administrative agency or lawful 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" means the prior authorization, granted by the City to a service provider giving the carrier or operator the non-exclusive right to occupy the space in, under, over or across rights-of-way 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 or railroad easements, or property of a private entity; or Metropolitan Communications Consultants 3/27/2001 187 page 13 B. Telecommunications ordinance 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. minish or in By way of example, and without limitingforegoing, e fixltures or any way affect the authority of the City o control and for the use of its real estat 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, eo-tion, was previously granted by the City of said person, firm or corporation subject to such conditions n dihns as may be established in this Chapter. "Grantee" means the holder of a franchise, right-of-way license, master permit, use permit or facilities lease. "Gross Revenues" means all revenue, including funds used to pay franchise eprviionof telecommunications services in the City via a telecommunications system; provided, however, ss directly upon any or useby the revenues shall not include taxes imposed required to be collected by thergranteerand provided lfurther, county, or other governmental unit an q received from a lessee or a like ro- that a grantee may deduct from its gross revenues those trevenues that said es ee or like provider sub- vider that holds a franchise or license under this Chapter, provided mits a certificate to the grantee stating that it has paid the fees it owes the City for the applicable report- ing period. Copies of the certificate must be provided to the City. "License" or "Right -of -Way Way License" refers to the legal authorization, in lieu aof t franchise or master License y permit, to use a particular, discrete, and limited portion of the public rights-of-way aintain or repair a telecommunications facilityo ahall private not lecommunicatiinclude system by a non -service pro- vider. The term license or right-of-waylicense 1. Any other permit or authorization required for the privilege of transacting and carrying on a busi- ness within the City; connectiond in 2. Any other permit, agreement or au a orizat euand not limit tion, right-of-way construction streets or property, including by y P permits or use permits as defined in Chapter 11.08 PAMC; ch I Any permits or agreements for occupye rightofany lway license ty Property oinl including, without limitationroperty of private entities , permits access is not specifically granted by g and agreements for placing devices onor in any City Proerty including, por property of a prtivate eout ntity�or , poles, conduits buildings, other structures o railroad easements 4. The right to place devices in the right-of y, such as py a thorizeda such as by affr end-user facilities leaseuse in originat- ing and terminating transmissions, oth "Master Permit" means the agreement between lty in which it grants athe purpose of locating facilities. For pur- eneral permission to a ser- vice provider to enter, use, and occupy right-of-way fo poses of this Chapter, a franchise, except for�cablefranchise, rniit shall notmeanr include ter permit does not include cable television frau 1 Any other permit or authorization required for the privilege of transacting and carrying on a busi- ness within the City.on public 2. Any other permit, agreement or authorization uand nod in t limconnectionon, right-of-way with constructionstreets or property, including by way of example 3/27/2001 Metropolitan Communications Consultants B. Telecommunications Ordinance page 14 . 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, such as by a facilities lease. "Non -Service Provider" means any person installing, constructing, monitoring or operating a private telecommunications system or 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 telecommunica- tions service for hire, sale or resale to the general public. "Open Video System" or "OVS" means a facility consisting of a set of transmission paths and associated signal generation, reception and control equipment that is designed to provide Cable Service, which in- cludes 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 does not include 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 Facilities" means all of the plant, equipment, fixtures, appurtenances, an- tennas, and other facilities necessary to furnish and deliver private telecommunications services, includ- ing but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables, com- 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 any respect, a system offered for hire, sale or resale to the general public. For the purposes of this Chap - Metropolitan Communications Consultants 3/27/2001 B. Telecommunications Ordinance page 15 ter, "private telecommunications system" also includes facilities comprised of conduit, lines, fiber or • unlit dark fiber located in the right-of-way that are not used to provide telecommunications services for hire, sale or resale to the general public. "Private Telecommunications 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" means land acquired or dedicated for roads and public streets and easements for which, under City ordinances and other applicable laws, the City has authority to grant master permits, licenses or leases for use thereof, or has regulatory authority thereover, and may be more specifically defined in the master permit, license or lease granting any right to or use thereof. "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 example and not limitation, structures in the right-of-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- cludes 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 al- 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 gnals. The term "telecommunications system' includes all devices transmit telecommunications si public rights-of-way through which telecommunications services mounted on electric utility poles in the pub not a telecommunications system to the extent that it pro - are originated or terminated. A cable system is vides only cable service and an open video system is not a telecommunications system to the extent that it provides only video services. "Transfer" means any transaction in which: 3/27/2001 Metropolitan Communications Consultants B. Telecommunications Ordinance page 16 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 transfer or cumulative transfer of voting interest of twenty percent (20%) or more is transfer of working control within the meaning of this definition. "Usable Space" means the total distance between the top of a utility pole and the lowest possible attach- ment point that provides the minimum allowable vertical clearance as specified in any federal or state order or regulation. "Use Permit" means 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 ease- ments not specifically allowing license, franchise or lease holders. "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 rights-of-way of the City and used or to be used for the purpose of providing utility and telecommunications services. "Working Control" means tho more is cty to ofect nsidered on ide edgement decisions. It win be presumed working control within the meaning of th s Chapter in- terest of twenty percent (20� ) 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 Chapter 5.80, 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 acroshall first obtain ss any rights-of-way of the City for the sole purpose of providing private totelecommunications the City pusystem uanto PAMC 11.14.020.aright-of-way license grant- ing the use of such rights-of-way 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 rights-of-way of the City to provide telecommunications service, shall first obtain a master permit granting the use of such rights-of-way from the City pursuant to PAMC 11.14.020. F. Persons Asserting an Existing State -Wide Grant. Metropolitan Communications Consultants 3/27/2001 191 B. Telecommunications Ordinance page 17 Any person asserting an existing state-wide grant based on a predecessor telephone or telegraph com- pany's existence at the time of the adoption of the Washington State Constitution may continue to oper- ate under the existing state-wide grant provided the person provides the City with documentation evi- dencing the existing state-wide grant. The City may request, but not require, a person asserting an exist- ing 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 ser- vice providers asserting existing state-wide grants or other authority to use and occupy the right-of-way shall be subject to the same requirements as holders of master permits to the extent allowed by state and federal law. G. Facilities Lease Required. Any person, including but not limited to service providers and non -service providers, who occupies or 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. H. 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 Chapter 11.08 PAMC before performing any work in City rights-of-way. 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 rights- of-way or upon City property until such time as the use permit is issued except as provided in Titles 11 and 13 PAMC. I. 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 facilities installed in violation of any such ordinances. 2. Persons Holding Leases. Any lessee, under a lease from the City for facilities located on City property 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; provided, however, that such lessee may elect at any time to apply for a superseding lease under this Chapter. Metropolitan Communications Consultants 192 3/27/2001 • • • • B. Telecommunications Ordinance Section 11.14.020 - Administrative Provisions A. Right -of -Way License. B. Master Permit C. Facilities Lease. D. Appeal of City Determination. page 18 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 rights-of-way of the City, which facilities are not used to provide telecommunications service for hire, sale or resale to the general public or are used for the sole purpose of providing a private telecommunications system. A right-of-way license is not required for persons already holding master permits for the same telecom- munications facilities. 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- ject to the City's cable franchising requirements. Only general, non-proprietary information need be provided. (d) A network map of existing and proposed facilities to be located within the City, all in suffi- cient detail to identify: (i) The location and route requested for the applicant's proposed facilities, including any environmentally sensitive areas that may be subject to the City's State Environmental Protection Act (SEPA) ordinance. (ii) The specific trees, structures, improvements, facilities and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate; and To the extent known at the time of application, the location(s) where there are or will be interconnections 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 ordinances and policies. To the extent compatible with the City's electronic mapping software, the applicant shall provide said maps in a computer readable elec- tronic 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. Metropolitan Communications Consultants 3/27/2001 193 B. Telecommunications Ordinance page 19 (d) If the applicant is proposing an underground installation in existing ducts or conduits within the rights-of-way, evidence that surplus space is available for locating its private telecom- munications 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. 3. Determination by the City. Within ninety (90) days after receiving a complete application under PAMC 11.14.020A, the Director shall issue a written determination granting or denying the right-of- way license in whole or in part. If the right-of-way license is denied, the written determination shall include the reasons for denial. The decision to grant or deny an application for a right-of-way li- cense shall be based upon the following standards: (a) Whether the applicant's private telecommunications system which will occupy the right-of- way has received all requisite licenses, certificates and authorizations from the Federal Communications Commission, the Washington Utilities and Transportation Commission, or any other federal or state agency having jurisdiction. (b) Whether the application demonstrates that adequate technical, financial and legal resources are available to perform the requirements of this ordinance. (c) The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the right-of-way license is granted. (d) The public interest in minimizing the cost and disruption of construction within the rights- of-way. (e) The effect, if any, on public health, safety and welfare if the right-of-way license is granted. (0 The availability of alternate routes and/or locations for the proposed facilities. (g) Applicable federal and state telecommunications laws, regulations and policies. 4. Agreement. No right-of-way license shall be deemed to have been granted hereunder until the ap- plicant and the City have executed a written agreement setting forth the particular terms and provi- sions under which the grantee has been granted the right to occupy and use rights-of-way of the City. 5. Term of Right -of -Way License. Unless otherwise specified in a right-of-way license, a right-of-way license granted hereunder shall be valid for a term of five (5) years, subject to renewal as provided in this Chapter. 6. Nonexclusive Grant. No right-of-way license granted under this Chapter shall confer any exclusive right, privilege, license or franchise to occupy or use the rights-of-way of the City for delivery of telecommunications services or any other purposes. 7. Rights Granted. No right-of-way license granted under this Chapter shall convey any right, title or interest in the rights-of-way, but shall be deemed a right-of-way license only to use and occupy the rights-of-way for the limited purposes and term stated in the right-of-way license. Further, no right- of-way license shall be construed as any warranty of title. S. Specified Route. A right-of-way license granted under this Chapter shall be limited to a grant of specific rights-of-way and defined portions thereof. 9. Amendment of Right -of -Way License. A new application shall be required of any person who de- sires to extend or locate its private telecommunications facilities in rights-of-way of the City, which are not included in a right-of-way license previously granted under this Chapter. If ordered by the City to locate or relocate its private telecommunications facilities in rights-of-way not included in a previously granted right-of-way license, the City shall grant an amendment to the right-of-way li- 3/27/2001 Metropolitan Communications Consultants page 20 B. Telecommunications Ordinance cense without further application. 10. Renewal of Right -of -Way License. A grantee that desires to renew its right-of-way license under this Chapter for an additional term shall, not more than one hundred eighty (180) days nor less than ninety (90) days before expiration of the current right-of-way license, file an application with the City for renewal which shall include the following: (a) The information required pursuant to PAMC 11.14.020A. (b) Any information required pursuant to the right-of-way license agreement between the City and the grantee. (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 li- 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 rights-of-way to accommodate the applicant's existing facili- ties. (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 e under the right-of-way license, or of the ongoing violations ndefaults in the lcured, or a plancdetailing the corrective action to be taken requirements of thiss Chapter, have be by the grantee has been approved by the City. B. Master Permit. A master permit shall be required of any service provider who desires to construct, install, control or otherwise locate telecommunications facilities in, under, over or across, any right-of-way of the City, and to provide telecommunications service for hire, sale or resale to the general public; provided, however, that aright -of -way license in accordance with PAMC 1 si�0ant11 less than city-wide or routeay, with the approval of the specific) be substituted for a master permit for de minimis (i.., Y uses of rights-of-way made in conjunction with a telecommunications system located entirely upon pub- licly 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 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- 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: 3/27/2001 Metropolitan Communications Consultants Ja 5 B. Telecommunications Ordinance page 21 (i) The location and route requested for applicant's proposed facilities, including any environmentally sensitive areas that may be subject to the City's SEPA ordi- nance. (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 telecommuni- cations carriers, operators or providers to which there will be an interconnection of telecommunications facilities by the applicant. (e) An accurate map showing the location of any existing telecommunications facilities in the City that applicant intends to use or lease to the extent not previously provided. (f) The area or areas of the City that the applicant desires to serve and the initial schedule, if any, for build -out to the master area. (g) All deposits or charges and application fees required pursuant to this Chapter. 2. Determination by the City. Within one hundred twenty (120) days after receiving a complete appli- cation under PAMC 11.14.020B hereof, the City shall issue a written determination granting or de- nying the application in whole or in part unless the applicant agrees to a longer period or the mas- ter permit sought requires action of the Council and such action cannot reasonably be obtained within 120 days. If the application is denied, the City's decision shall be supported by substantial evidence contained in the written determination, which shall include the reasons for denial. Prior to granting or denying a master permit under this Chapter, the Council shall conduct a public hearing and make a decision based upon the standards set forth below. The Council shall not approve any master permit hereunder until the next regularly scheduled Council meeting following the public hearing. Said standards are: (a) Whether the applicant's telecommunications system which will occupy the right-of-way has received all requisite licenses, certificates and authorizations from the Federal Communica- tions Commission, the Washington Utilities and Transportation Commission, or any other federal or state agency having jurisdiction. (b) . To the extent allowed under applicable law or if the applicant is a provider of cable televi- sion service, whether the applicant's application demonstrates adequate technical, financial and legal resources are available. (c) The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the master permit license is granted. (d) The public interest in minimizing the cost and disruption of construction within the rights- of-way. (e) The effect, if any, on public health, safety and welfare if the master permit license is granted. (f) The availability of alternate routes and/or locations for the proposed facilities. (g) Applicable federal and state telecommunications laws, regulations and policies. 3. Agreement and Ordinance. No master permit shall be deemed to have been granted hereunder un- til the applicant has executed a written agreement, as adopted by ordinance, which ordinance shall set forth the particular terms and provisions under which the service provider has been granted the right to occupy and use rights-of-way of the City. ed in a er 4. Term of Master Permhereundeant. Unless otherwise r shall ha be valid for a term of ten (10) years subject to it en renewal as provided eement, a master permit granted hereun in this Chapter. 5. Nonexclusive Grant. No master permit granted under this Chapter shall confer any exclusive right or privilege to occupy or use the rights-of-way of the City for delivery of telecommunications ser- vices or any other purposes. 3/27/2001 Metropolitan Communications Consultants B. Telecommunications Ordinance page 22 6. Rights Granted. No master permit granted under this Chapter shall convey any right, title or inter- est in the rights-of-way, but shall be deemed a master permit only to use and occupy the rights-of- way for the limited purposes and term stated in the master permit. Further, no master permit shall be construed as any warranty of title. 7. Amendment of Master Permit Grant. A new master permit application and grant shall be required of any person who desires to extend its master permit territory or to locate its telecommunications facilities in rights-of-way of the City which are not included in a master permit previously granted under this Chapter. If ordered by the City to locate or relocate its telecommunications facilities in rights-of-way not included in a previously granted master permit, the grantee shall be granted a master permit amendment without further application. 8. Renewal of Master Permit. A service provider that desires to renew its master permit under this 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 11.14.020132, and the following additional standards: (a) The continuing capacity of the rights-of-way to accommodate the applicant's existing facili- ties. (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. G 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 ightof- way as permitted under RCW 35.21.860(1)(e). Neither this Section nor any other provision of this Chapter 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. Metropolitan Communications Consultants 3/27/2001 197 B. Telecommunications Ordinance page 23 (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 PAMC, 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. (g) An accurate map showing the location of any existing telecommunications facilities in the City that applicant intends to use or lease. (h) All deposits or charges and application fees required pursuant to this Chapter. 2. Determination by the City. Within one hundred twenty (120) days after receiving a complete appli- cation under PAMC 11.14.020C, the City shall issue a written determination granting or denying the application in whole or in part. If the lease application is denied, the written determination shall include the reasons for denial. The decision to grant or deny. an application for a facilities lease shall be based upon the following standards: (a) Whether the applicant's facilities, which will occupy the City property, have received all requisite licenses, certificates and authorizations from the Federal Communications Com- mission, the Washington Utilities and Transportation Commission, or any other federal or state agency having jurisdiction. (b) Whether the applicant's application demonstrates that adequate technical, financial and legal resources are available. (c) The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the lease is granted. (d) The public interest in minimizing the cost and disruption of construction upon City property and within the rights-of-way. (e) The effect, if any, on public health, safety and welfare if the lease requested is approved. (f) The availability of alternate locations for the proposed facilities. (g) The potential for radio frequency and other interference with existing public and private telecommunications or other facilities located upon the City property. (h) The potential for radio frequency and other interference or impacts upon residential, com- mercial and other uses located within the vicinity of the City property. (i) Applicable federal and state telecommunications laws, regulations and policies. 3. Agreement. No facilities lease shall be deemed to have been granted hereunder until the applicant and the City have executed a written agreement setting forth the particular terms and provisions under which the lessee has been granted the right to occupy and use the Ci property. in a lease ities lease granted 4. Term of Facilities b valid for Unless term of onespecifie(1) year subject to annualerenewal a hereunder shalls provided in this Chapter. 5. Nonexclusive Lease. No facilities lease granted under this Chapter shall confer any exclusive right, privilege, license, master permit or franchise to occupy or use City property for delivery of tele- communications services or any other purposes. 6. Rights Granted. No facilities lease granted under this Chapter shall convey any right, title or inter- est in the City property, but shall be deemed a facilities lease only to use and occupy the City prop - 3/27/2001 Metropolitan Communications Consultants B. Telecommunications Ordinance page 24 erty for the limited purposes and term stated in the lease agreement. Further, no facilities lease shall be construed as any warranty of title. 7. Interference with Other Users. No facilities lease shall be granted under this Chapter unless it con- tains a provision, which is substantially similar to the following: ,,The City may have previously entered into leases with other tenants for their equipment and antennae facilities. Lessee acknowledges that the City may also be leasing the City property for the purposes of transmitting and receiving telecommunications signals from the City property. The City, however, is not in any way responsible or liable for any interference with lessee's use of the City property which may be caused by the use and operation of any other tenant's equipment, even if caused by new technology. In the event that any other ten- ant's activities interfere with the lessee's use of the City property, and the lessee cannot re- solve this interference with the other tenants, the lessee may, upon thirty (30) days notice to the City, terminate this lease and restore the City property to its original condition, reason- 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. (a) All facilities leases are contingent upon the prospective lessee obtaining all necessary per- 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 a pro 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 unsuit- able 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 re- fundable. 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 - Metropolitan Communications Consultants 3/27/2001 199 B. Telecommunications Ordinance page 25 clude 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. (b) The applicant's compliance with the requirements of this Chapter and the lease agreement. Applicable federal, state and local telecommunications laws, rules and policies. (c) 13. Obligation to Cure as a Condition of Renewal. No facilities lease shall be renewed until any ongo- e lease ement, or of the requirements ing violations or defaults n cured, or in the plan detailing thperformance of e corrective action to be taken by the lessee this Chapter, have has been approved by the City. 14. There shall be no appeal of the City's determination under PAMC 11.14.020C. D. Appeal of City Determination Any person aggrieved by the granting to this Chapter shall have ther denying of a right-of-way eright torappealtto thel Council 1 use permit or the renewals thereofpursuant as follows: (a) All appeals filed pursuant to this Subsection must be filed in writing with the Director within ten (10) working days of the date of the decision appealed from. the alleed (b) All appeals filed pursuant to been reasonably n shall avavailable agthe error timeooflaw the Director's new evidence which could not hav decision, which shall constitute the basis of the 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 a hearing ex- aminer who shall forward a recommendation to the Council, which shall take final action on the appeal. Referral to a hearing examiner may be made by motion approved by a majority of the Council members present at the time of voting; (e) All relevant evidence shall be received during the hearing on the appeal. (� Unless substantial relevant information is presented which was not considered by the Direc- 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 information which was not considered in the making of the decision appealed 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. (g) For all appeals decided pursuant to this Subsection, the City shall provide a record that shall consist of written findings and conclusions. 3/27/2001 Metropolitan Communications Consultants page 26 B. Telecommunications Ordinance i (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 estab- lished by the City, may commence an action within thirty (30) days of the decision or the ex- piration t any reconsideration period, whichever is later, with a court having jurisdiction over such action. Any action against the City for denial 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 11.14.030 - Fees and Compensation A. Payment of Fees and Compensation to the City. B. Right -of -Way License, Master Permit or Facilities 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. B. Right -of -Way License, Master Permit or Facilities Lease - Application and Review Fee. The application shall be accompanied by the necessary application fee deposit as set forth in Chapter 3.70 PAMC. C. Use Permit Fee. aright -of -way license or master permit shall obtain a Prior to actual construction, every applicant for 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. e for permission to use the right of way om RCW 35.21.860 currently prohibits a business ' franchise fe ac defined in RCW 82 04 065. The City reserve the right any person engaged in the telephon to impose and receive a master permit activitiesfee of a ein the City, ifto the this statut ry prohibition is repealed, r grantee's gross receipts from its business for other telecommunications activities of rights-of-way and shall noe statutt be applied as cory prohibition. redit towards occupy shall be compensation for use of the g Y tional fees or taxes required under PAMC 11.14.010C and Title 5 PAMC. 3/27/2001 Metropolitan Communications Consultants 201 B. Telecommunications Ordinance page 27 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 e City and the applicant. The determined by a professional Pole attachment andraiser approved condu ttvault and other City infrastructure licant shall usage fees pay the cost of the appraisal. shall be the amounts required by Chapter 13.14 PAMC. Compensation for facilities leases shall be payable in advance of the effective date of the lease and payments received on or before Januaryamount owed of one percent (1%A)i per month, or prorated e in- terest on the am fraction thereof, compounded monthly. F. Grantee's Costs. relieves any grantee of its obligation to bear costs associated with its operations, Nothing in this Chapter including but not limited to costs of moving facilities at the direction of the City, to the extent consistent with PAMC 11.14.040P. G. General Rules for Payment of Fees and Compensation event the franchise fee prohibition in RCW 35.21.860 is 1. These general rules shall only apply in the repealed. 2. Unless otherwise specified in a master permit or a right-of-way license, master permit and right-of- way license fees or compensation shall be paid to the City monthly, and not later than twenty-five (25) days after the end of the month for which the fee or compensation is owed. Any payments re- ceived after the due date shall include interest on the amount owed of one percent (1%) per month, or prorated fraction thereof, compounded monthly. 3. Unless a master permit or right-of-way license provides otherwise, each master permit or right-of- way license fee payment shall be accompanied by a statement showing the manner in which the fee was calculated. The statement shall be in a form approved by the City. 4. No acceptance by the City of any master permit or right-of-way license fee shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of such master permit or right-of-way license fee payment be construed as a release of any claim the City may have for additional sums payable. 5. Within ninety (90) days following the end of the calendaz year, each person which paid a master permit or right-of-way license fee based upon gross revenues shall submit a statement, certified as true by the chief financial officer of such person, setting forth gross revenues of the telecommunica- tions system, by category, and describing what revenues were included and excluded in the fee cal- culation, and any adjustments made to gross revenues. If additional sums are payable, in addition ti 11 ay in- to paying any applmount ble owe , alties at the mate of onespercent (1%) per month, or prorated fraction thereof, terest on the amount owed, compounded monthly. written noticef ect and audit any 6. The City may, from time to time n upon reasonable able adv 0 determination of whether fees have been ac - and all books and record y 3/27/2001 Metropolitan Communications Consultants B. Telecommunications Ordinance page 28 . curately computed and paid. The grantee must provide the books and records or copies thereof to the City or advance the costs of travel and per diem for an employee or employees of the City to in- spect and copy such books and records at any location more than fifty (50) miles outside the City at which such books and records are kept in the course of business. To the extent allowed by law, the City shall treat all records provided by the grantee for inspection and audit as confidential and pro- prietary information not to be disclosed to others or used for any other purpose. 7. Notwithstanding the foregoing, in the event that a person that is obligated to pay a fee ceases to provide service for any reason (including as a result of a transfer), such person shall make a final payment of any amounts owed to the City within ten (10) calendar days of the date its operations in the City cease and shall provide a statement of gross revenues for the calendar year through the date operations ceased, which statement shall contain the information and certification required by PAMC 11.14.030 G5. H. Regulatory Fees and Compensation Not a Tax. The regulatory fees and costs provided for in this Chapter and any compensation charged and paid for the rights-of-way and City property provided for in PAMC 11.14.030D are separate from, and additional to, any and all federal, state, local and city taxes as may be levied, imposed or due from carriers, opera- 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 Rights -of -Way. K. Damage to Property. L. Damage to Facilities. M. Maintenance of Facilities. N. Abandonment of Facilities. O. 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. Metropolitan Communications Consultants 3/27/2001 203 B. Telecommunications Ordinance page 29 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 pt as otherwise provided in this Chapter right-of-way licenses, master permits, and facilities leases. Exce 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 to provide telecommunications services as may be required by federal or state law. 2. All grantees are required to cooperate with the City and with each other. (a) Each grantee shall meet with the City, other grantees and users of the rights-of-way annually or as determined by the City to coordinate construction in the rights-of-way. (b) All construction locations, activities and schedules shall be coordinated, as ordered by the Director, to minimize public inconvenience, disruption or damages. 3. All grantees, before commencing any construction in the rights-of-way, shall comply with all regu- lations of Chapter 19.122 RCW (One Call Locator Service). 4. The City reserves the right to require all grantees to provide written confirmation: (a) sufficient for customary land survey and land title insurance purposes concerning the loca- tion of their facilities in rights-of-way; and (b) - disclaiming any interest in rights-of-way where the grantees have no franchise to construct or operate their facilities. 5. In addition to the inherent powers of the City to regulate and control any right-of-way license, mas- ter permit or lease it issues and those powers expressly reserved by the City or agreed to and pro- vided for in any right-of-way license, master permit or lease, the right and power is hereby reserved by the City to promulgate such additional regulations as it may find necessary in the exercise of its lawful powers giving due regard to the rights of grantees. 6. Except as provided in this Chapter, the foregoing does not allow for amendment by the City of ma- terial terms of any license, master permit or lease it issues without the consent of the grantee. C. Acceptance. No right-of-way license, master permit or lease granted pursuant to the provisions of this Chapter shall become effective unless and until a formsatisfacto y to the City Attorney, together with the bonds and in- antee files with the City Clerk its written acceptance of the li- surancesatisfactory policies required by this Chapter. D. Safety Requirements. uirements, shall at all times Grantees, in accordance with app taIlland maintain and usee and ocommo cal yraccept d methods and devices employ ordinary care and shall damage, injury or for preventing failures and accidentsrwhiicdh c relliktioy ns 'oveundeand upon the streets, the All structures and all lines, equipment 3/27/2001 Metropolitan Communications Consultants B. Telecommunications Ordinance page 30 alleys and rights-of-way 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. If a violation of the National Electrical Safety Code or other applicable regulation is found to exist, the City may, after discussions with the grantee, establish a reasonable time for a grantee to make necessary re- pairs. If the repairs are not made within the established ereof from a grantee. City may make the repairs itself or have them made and collect all reasonable costs E. Insurance. Unless otherwise provided in a license, master permit or lease agreement, each grantee, as a condition of the license, master permit or lease, shall secure and maintain the following liability insurance policies in- suring both the grantee and the City and its elected and appointed officers, officials, agents and employ- ees as co -insureds. Grantees qualified to do business with the State of Washington as self -insureds shall also meet the requirements listed below: 1. Comprehensive general liability insurance with limits not less than: (a) Five million dollars ($5,000,000.00) for bodily injury or death to each person; (b) Five million dollars ($5,000,000.00) for property damage resulting from any one (a) accident; and (c) Five million dollars ($5,000,000.00) for all other types of liability. 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 premises -operations, explosions and collapse hazard, underground hazard 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 nts and representatives from any and all and hold harmless the City, its officers, employees, age 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. Metropolitan Communications Consultants 3/27/2001 205 B. Telecommunications Ordinance page 31 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 to, 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- 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 mnification clauses contained herein, and said refusal is subsequently de - been made pursuant to the indetermined by a court having jurisdiction (or such other dispute resolution entity 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 pay all of the City's costs for defense of the action, including all reasonable expert witness fees and reasonable attorneys' 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 shall assume the risk of damage to its facilities located in the City's rights-of-way, rights-of-way and ease- ments from activities conducted by the City, its officers, agents, employees and contractors. The grantee shall release and waive 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 rights-of-way, rights-of-way and ease- ments 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, employees or contractors. The grantee shall further agree 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 destruction 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 arising from the negligence or willful conduct on the part of the City, its officers, agents, employees or contractors, 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. 3/27/2001 Metropolitan Communications Consultants 206 B. Telecommunications Ordinance page 32 FL 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 within environmentally sensitive areas shall be subject to appli- cable requirements of Chapter 15.20 PAMC "Environmentally Sensitive Areas Protection". 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. L 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 right-of-way of the City, a grantee with permission to occupy the same right-of-way must also locate its telecommunications facilities underground. 4. Whenever any new or existing electric utilities and/or telecommunications facilities are located or relocated underground within a right-of-way of the City, a grantee that currently occupies the same right-of-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 rights-of-way. No extension granted by the Director under 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 Rights -of -Way. No ights-ofWay- No grantee may locate or maintain its telecommunications facilities to unreasonably interfere with the use of City property or the rights-of-way by the City, by the general public or by other persons author- ized to use or be present in or upon the City property and rights-of-way. Unreasonable interference in- cludes disruption to vehicular or pedestrian traffic on City property or the rights-of-way, 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 Direc- tor unless provisions of the grantee's tariff filed with the Washington Utilities and Transportation Com- mission otherwise control. If any grantee's tariff or if a change in the state law alters the responsibility for payment of relocation costs, then all affected 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, rights-of-way of the City, other ways or other property, whether publicly or privately owned, located in, on or adjacent thereto. Metropolitan Communications Consultants 3/27/2001 207 B. Telecommunications Ordinance page 33 L. Damage to Facilities. Unless directly and proximately caused by the willful, intentional, grossly negligent or malicious acts of the City, the City shall not be liable for any damage to or loss of any telecommunications facility upon City property or within the rights-of-way 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 property or within the rights-of-way 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 rights-of-way 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 of the City and, without cost or expense to the City, within ten (10) calendar days remove its facili- ties unless permitted by the City to be left in place in such manner asCity granma at prescribe. sole I grantee determines to remove such facilities, or any portion thereof, then ex- pense, shall restore the rights-of-way where disturbed by such removal under the supervision and to the satisfaction of the City. 3. Any such facilities, which are not removed within one hundred twenty days (120) of either such e the ty issued a permit authorizing date of terminationor revocation hall become the oof the r oftthe Citylat the City's option. The grantee hall no - whichever is later, s P tify.the City to record facilities abandoned. O. Emergency Removal or Relocation of Facilities. The City retains the right and privilege to cut or move any telecommunications facilities located within the rights-of-way or City property, as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency with imminent substantial harm to life or property. The City shall not y liable Such damao any gce es suffe ed by any person or entity of anrovider, non -service provider, or any ytypeas afor directdor rets, indirect or any other g indirect result of the City's actions under this Subsection. p. Relocation of Facilities. 1, The City may require service providers or non -service providers to relocate authorized facilities for construction, alteration, repair, or im- within the right-of-way when reasonably necessary provement of the right-of-way for the purposes of public welfare, health, or safety. The City shall notify both service providers and non -service providers as soon as practicable of the need for relo- cation and shall specify the date by which relocation shall be completed. In calculating the date the relocation must be completed, the City shall consult with the affected service providers and non - service providers and consider the extent of facilities to be relocated, the services requirements, location, within the City's overall project construction se - and the construction sequence for the re quence and constraints, to safely complete the relocation. Each service provider and non -service provider shall complete the relocation by the date specified, unless the City establishes a later date 3/27/2001 Metropolitan Communications Consultants B. Telecommunications Ordinance page 34 for completion, after a showing by the service provider or non -service provider that the relocation cannot be completed by the date specified using best efforts in meeting safety and service require- ments. 2. A service provider may not seek reimbursement for its relocation expenses from the City under paragraph 1 of this Subsection except as strictly provided for in RCW 35.99.060. 3. The City may require the relocation of facilities at the service provider's or non -service provider's expense in the event of an unforeseen emergency that creates an immediate threat to the public safety, health, or welfare. Q. Removal of Unauthorized Facilities. Within thirty (30) days following written notice from the City, any grantee that owns, controls or main- tains any unauthorized telecommunications system, facility or related appurtenances within the rights- of-way or City property shall, at its own expense, remove such facilities or appurtenances from the rights-of-way or City property. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances: 1. Upon expiration or termination of the grantee's license, master permit, or lease. thin rights-of-way or City operty of a 2. Upon abandonment be deemed em a facility d abandonedlif left in place ninety (90) days property. e expiration orrtermin tion grantee shall be d of a license, master permit or lease. 3. If the system or facility was constructed or installed without prior grant of a license, master permit or lease, unless said system or facility was constructed or installed prior to the effective date of this Chapter. talled without prior issuance of a required construc- 4. If the system or facility was constructed or ins tion permit or use permit. 5. If the system or facility was constructed or installed at a location not permitted by the grantee's li- cense, master permit, or lease. The City may, in its sole discretion, allow a grantee, or other such ers who may own, control or maintain telecommunications facilities within the rights-of-way or Ci property to abandon such facili- ties 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 Director, and all necessary permits must be obtained prior to such work. Upon permanent abandonment of the facilities in place, and at the City's option, the property shall become that of the City, and such persons shall submit to the Director an instrument in writing, subject to approval by the City Attorney, transferring to the City the ownership of such facilities. 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 nformationWithin 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 - Metropolitan Communications Consultants 3/27/2001 r�• B. Telecommunications Ordinance page 35 communications services and facilities provided by the grantee have been properly collected and paid by the grantee. 0 3. All books, records, maps and other documents, maintained by the grantee for its facilities within the rights-of-way shall be made available for inspection by the City at reasonable times and inter- vals. 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 other construction, 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 by law. U. Assignments or Transfers of Grant. Working control of a right-of-way license, master permit or lease may not, directly or indirectly, be trans- ferred, 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 provided 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 or ent or the working control of a telecommunicationsPAMC 11.14020. Transactions between affiliated en ties are transfer quiring City approval pursuant 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 - Metropolitan Communications Consultants 3/27/2001 B. Telecommunications Ordinance page 36 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 denies 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 mortgaging 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 rights-of-way or City property may be revoked for the following reasons: 1. Construction or operation in the rights-of-way 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. 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 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. 8. Abandonment of telecommunications facilities in the rights-of-way 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 to 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. 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 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. Metropolitan Communications Consultants 3/27/2001 211 page 37 B. Telecommunications Ordinance • Y. Hearing. In the event that a grantee fails to provide evidence reasonably satisfactory to the Director as provided in PAMC 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 City 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 fail ed with any of the provisions d to comply of this Chapter or a license, franchise or lease granted under this Chapter, or through willful misconduct or gross negligence failed to n �e or comply shalllat the election of the Council,th any notice given the grantee forfe t all by eCity under the rights conferred provisions of this Chapter, the gr 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, circumstances, extent and gravity of the violation and in making its determination: 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 by 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- ct be- e. In the event of porated by reference in the applicableand the licenseasmasterrpermit, ormit, or alease, the license, master pany ermit for tween the proposal, this Chapter, lease shall be the prevailing document. Section 11.14.050. Compliance A. Police Power. B. City Remedies. C. Other Remedies. D. No Waiver. A. Police Power. In accghts hereunder are epting any license, master permitor olicee ower off thetee City o adoptgand enforres that scelgeneral ordinances subject to the legitimate rights of the p p necessary to protect the safety and welfare of the o such, and owerhe grantee agrees to comply with all appli cable general laws enacted by the City pursuantP 0 3/27/2001 Metropolitan Communications Consultants B. Telecommunications Ordinance page 38 B. City Remedies. The City may 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 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. G Other Remedies. Nothing in this Chapter shall be construed as limiting any judicial remedies that the City may have, at law or in equity, for enforcement of this Chapter. D. No Waiver. 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. 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 is — Date Published Metropolitan Communications Consultants 3/27/2001 213 B. Telecommunications Ordinance page 39 2. Master Permit Approval Procedure, Final M TELECOMMUNICATIONS MASTER PERMIT APPROVAL PROCEDURE What is a telecommunications master permit? - Master permits to use the City's rights-of-way are required for a person, public or private utility or entity desiring to use public rights-of-way or utility poles on a long-term basis for the purpose of 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 allows both the City and the applicant to gather additional information. What is a right-of-way construction permit? - Once the City grants a 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 permit covers 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 Deposit. - If, after the preliminary meeting, the applicant decides to pursue a telecommunications master permit, a fee deposit 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 actual administrative costs connected with the issuance of a master permit. The City will draw from the deposit to pay for its actual administrative costs for processing of the application. The City will refund unused portions of deposits and the applicant will reimburse the City for actual costs in excess of the applicant's deposit. - The minimum fee deposit shall be $500. The maximum fee deposit shall be $5,000. Timeline A telecommunications master permit can be obtained within 120 days of submitting a complete application. ent, the telecommunications master permit - Once approved by the Public Works and Utilities Departm 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 effective immediately. 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. • 3/27/2001 Metropolitan Communications Consultants B. Telecommunications Ordinance page 40 0 4. Master Permit Approval Procedure, Final (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 City staff. 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 rights-of-way, evidence that surplus space is available for locating its telecommunications facili- ties in such existing ducts or conduits along the proposed route. 9. A preliminary construction schedule and completion date. Metropolitan Communications Consultants 3/27/2001 215 B. Telecommunications Ordinance page 41 10. Information establishing the applicant has obtained all other governmental approvals (FCC, uTC), permits, and facilities leases, to construct the facilities. E. Deposit (one-half of one percent (0.5%) of the construction cost estimate) to cover telecommunications master permit application fee (based on actual administrative cost). 1. Telecommunications facilities construction cost estimate $ —�---- 2. Deposit to cover telecommunications master permit application fee (min. $500, max. $5,000, unused deposit will be refunded, actual costs in excess of deposit will be billed to applicant by City) $ ---------- 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 within 30 days of telecommunications master permit ordinance adoption by City Council 3. Certificate of insurance provided within 30 days of telecommunications master permit ordinance adoption by City Council 4. Security fund provided within 30 days of telecommunications master permit ordinance adoption by City Council Questions? If you have any questions about the application or process, please call the Public Works and Utilities De- partment at (360) 417-4801. 0 • 3/27/2001 Metropolitan Communications Consultants B. Telecommunications Ordinance 0 3. Master Permit, Final 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 a master permit for the purpose of constructing, maintaining, operating and using a tele- communications 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 master permit; providing conditions of licenses, master permits and leases; providing for enforcement of master permit provisions; providing for written acceptance of the terms of this master permit; and providing for an effective date. page 42 WHEREAS, the City, pursuant to federal law, state statutes, and local ordinances, is authorized to consent to one or more non-exclusive master permits to construct, operate, and maintain a Telecom- munication System in the Public Rights-of-way within the municipal boundaries of the City as designated in Exhibit "A" ("City Area"); and WHEREAS, ----("Grantee") has requested municipal consent from the City to pro- vide telecommunications services and has executed a written agreement to comply with the terms and conditions of this master permit, which agreement is attached hereto as Exhibit "B"; and 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 Wireless telecommunications towers and/or telecommunications facilities which are incorporated herein for all purposes; The City Council of the City of Port Angeles does hereby ordain as follows: Metropolitan Communications Consultants 3/27/2001 217 B. Telecommunications Ordinance page 43 Section 1. Scope Of City Consent The City herein consents to authorize the Grantee, for a period (the "Term") of ten (10) years from and after the Effective Date of this Ordinance, the non-exclusive right to construct, use, operate, own and maintain a Telecommunication System in, on, under and over the Public Rights -of -Way, as de- scribed in Exhibit "A", subject to applicable law, and specifically, Chapter 11.14 PAMC, hereafter referred to as the Telecommunications Ordinance. Section 2. Authority Not Exclusive The consent conferred in Section 1 above is not exclusive, pursuant to the Telecommunication Ordinance. The Grantee shall respect the rights and property of the City and other authorized users of the Public Rights -of Way. Section 3. Fees And Compensation From and after the Effective Date of this Ordinance and throughout the full term of this Ordi- nance, the Grantee shall within ten (10) calendar days pay the City all taxes, fees and compensation pur- suant to the Telecommunications Ordinance. Section 4. Construction and Operation of the Telecommunication System In constructing and operating the telecommunication system, the Grantee shall comply with all applicable requirements of the following Chapters of 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 Wireless Communications Facilities. In addition, the Grantee shall comply with the following: 4.1 Permits Required. Grantee shall not construct, reconstruct, or relocate the Telecommuni- cation System (or parts thereof) within the Public Rights -of -Way or on City property unless au- thority has been obtained in accordance with the Telecommunications Ordinance, or other appli- cable City approvals. 4.2 Plan Review. Grantee shall not commence construction unless and until all maps and other documents are provided to the City, in accordance with Chapter 11.14 Telecommunica- tions; 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 1314, Pole Attach- ments. 4.3 Scheduling. The Grantee shall provide the City advance notice before beginning con- struction or installation, pursuant to the Telecommunications Ordinance. 4.4 Commencement of Construction. Construction of the facilities contemplated by this mas- ter permit shall commence no later than one year after the effective date of this master permit; provided, that such time limit shall not apply to delays caused by acts of God, strikes, eminent domain litigation or other occurrences over which the Grantee has no control. 4.5 Construction Standards. Grantee shall comply with construction standards in accor- dance with Section 11.14.140 of the Telecommunications Ordinance. In addition, any employee, contractor, vendor or agent assigned to work on the installation, maintenance, or repair of sys- tem equipment must be properly licensed 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. Metropolitan Communications Consultants 3/27/2001 B. Telecommunications Ordinance page 44 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 (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 en- croaching upon the public right-of-way to prevent their branches or leaves from touching or otherwise interfering with its wires. All trimming or pruning within environmentally sensitive areas shall be sub- ject to applicable requirements of Chapter 15.20 PAMC "Environmentally Sensitive Areas Protection". All trimming or pruning shall be at the sole cost of the grantee. The grantee may contract for said trim- ming or pruning services with 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. Section 7. Indemnity And Insurance The Grantee shall comply with applicable sections of the Telecommunication Ordinance govern- ing indemnity and insurance. Section 8. Grantee Default And Remedies If Grantee fails to comply with or is in violation of this Ordinance or the Telecommunication Or- dinance, Grantee will be subject to termination and remedies as provided for in PAMC 11.14.050. 3/27/2001 Metropolitan Communications Consultants 219 B. Telecommunications Ordinance page 45 Section 9. Compliance With Laws; Severability Notwithstanding any other provisions of this 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. 9.2 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 may be 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 is in the same business as the Grantee, or as are generally applicable in the City or State. Section 11. 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: (a) If to the City: (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. 3/27/2001 Metropolitan Communications Consultants B. Telecommunications Ordinance page 46 . 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 in Clallam County, Washington. Section 1 S. 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: 0 Becky F. Upton, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney Metropolitan Communications Consultants Date Published 3/27/2001 221 C. Pole Attachments 1. Chapter 13.14 Pole Attachment Ordinance, final 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. The City Council of the City of Port Angeles does hereby ordain as follows: page 47 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 mpliance with:Chapter 11.14 Telecom - poles. This policy establishes provisions necessary to ensure co Cha ter 5.80 Taxation; Chapter munications; Chapter 3.70 Revenues and Fees, Chapter 5.04 Licensing; p 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 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 notifi, shall be cation in a timely manner to allow ofor rks ne necessary engi r each attachment project. The notificatio St 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. 3/27/2001 Metropolitan Communications Consultants • • C. Pole Attachments page 48 . 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 3/27/2001 223 page 49 C. Pole Attachments 4. 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 0 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 icause damoagenly acceptinjury methods t sante to the vices for preventing failures and accidents which are y public. joint pole user's facilities in, over, under and upon the streets, sidewalks, alleys and rights-of-way 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, made before part ofthe City reserves the lthe construction ght to stop iscontinction ued. mediately, and correction of the violation will be Y D. Guys and anchors. The joint pole user shall, at its expense, install guys necessary to support the strain imposed in size and strength to any pole port by the installation of their facilities. When existing ane usermay attach is guys thereto When an hors are not are adequate the equipment of all joint pole users, a 1 p 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 tele- communications 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 dental thereto times shall keep them in safe entsonditions and in , and perform any necessary tree -trimming or cutting thorough repair. 2. Emergency work by City. In an emergency where it is necessary to clear lines and restore elec- r other condition tric power to the City's customers as the result s f an act Sare tdamagedT destroyed or am, earth slide, �e m serious danger where power lines, poles, or other supporting thereof, the City's employees may transferthe �°th°users equipment necessary to restor's facilities to new or other �eeelectri�sery- other work required in connection with ) pole vice to the City's customers. The joint pole user the licensee s facilities. reimburse the City for all costs incurred in connec- tion with such emergency work do ne 3/27/2001 Metropolitan Communications Consultants • • C. Pole Attachments page 50 13.14.040 - Pole Attachment 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. Metropolitan Communications Consultants 3/27/2001 225 n wirplpss Telecommunications Towers and Facilities 1. Chapter 17.52 Wireless Telecommunications Towers and Facilities Ordinance, Final Draft 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: page 51 Section 1. A new 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 17.08 Definitions 17.52.020 Exemptions 17.52.025 Development of Towers 17.52.030 Setbacks 17.52.035 Structural Requirements 17.52.040 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: 0 3/27/2001 Metropolitan Communications Consultants D. Wireless Telecommunications Towers and Facilities page 52 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. 17.08 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 Telecommunications 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 leasehold to any parcel 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 3/27/2001 227 D. Wireless Telecommunications Towers and Facilities page 53 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. I. Stealth means those siting strategies and technological innovations designed to enhance compatibility with adjacent land uses by designing structures to resemble other features in the surrounding envi- ronment. These techniques include architecturally screened roof -mounted antennas, antennas inte- grated into architectural elements, and Towers designed to resemble light poles, power poles, flag poles, street standards, steeples, or trees, etc. J 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. 17.52.020 Exemptions The following Telecommunications Facilities shall be considered appurtenant structures: A. Parabolic or other similar antenna 39.37 inches (1 meter or less) diameter or less regardless of zone. B. Parabolic or other similar antennas 78.74 inches (2 meters) in diameter or less located in nonresiden- tial zones. C. Panel, wave, or other similar antennas 10 square feet or less regardless of zone. D. Whip or other similar antennas 6' in height and up to 2" in diameter. E. Antennas designed to receive local television broadcast signals regardless of zone category. F. Low powered networked telecommunications facilities such as microcell radio transceivers located on existing utility poles and light standards within public right-of-way. Low powered networked wire- less facilities shall comply with Section 11.14.020 PAMC. G. Send and receive citizen band radio antennas or antennas operated by federally licensed amateur ("ham") radio operators. H. Industrial, scientific and medical equipment using frequencies regulated by the FCC. 1. Military, federal, state and local government communication towers used for navigational purposes, emergency preparedness, and public safety purposes. J. Normal. Routine and emergency maintenance and repair of existing wireless communications facili- ties and related equipment which do not increase the size, footprint, or bulk of such facilities and which otherwise comply with city, state, and federal law and regulations. K. Cell on Wheels "COW" are permitted as temporary testing uses in nonresidential areas of the City for a period not to exceed 30 days or during a period of emergency as declared by the City. L. The placement of exempt antennas on existing structures such as power poles, flag poles, street or parking lot light standards, or communication towers. 17.52.025 Development of Towers A. Towers may be located in any zone with approval of an unclassified use permit (UUP). Co -location shall be given first priority and may be required. The use of public properties shall be subject to ap- proval by the City and the conclusion that the public's intended use of the site will not be unrea- sonably hindered. Application for an unclassified use permit shall be made to the Department of Community Development in the manner provided in this chapter. An application to locate a new tower shall be accompanied by substantial technical information identifying and documenting the need for such a location per Section 17.52.025(C) PAMC. B. Towers may not exceed the maximum height allowed for the zone unless a modification has been ap- 40 proved per Section 17.52.085 PAMC. 3/27/2001 Metropolitan Communications Consultants D. Wireless Telecommunications Towers and Facilities page 54 C. An application to develop a new Tower shall be by unclassified use permit and shall include the fol- lowing information: (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. If the applicant is not the owner of the property, a copy of the pre- liminary lease agreement is required to be provided with the application. A copy of the final agreement shall be submitted prior to issuance of a building permit for the structure. (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 shall be submitted attesting to the fact that the Applicant made diligent, but unsuc- cessful, efforts to obtain permission to install or co -locate the proposed Telecommunications Fa- cility on existing towers or usable Antenna Support Structures located within a one-half (1/2) mile radius of the proposed tower site. Additionally, an applicant who wishes to locate a new antenna support structure shall demonstrate that considerable effort has been made to locate such facility on an appropriate existing structure within the area but that due to physical, eco- nomic, or technological constraints, no such existing structure is available or feasible. (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) 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. (10) 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. (11) In order to assist the Department of Community Development and Planning Commission m 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. (12) 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 is such review shall be borne by the applicant. Metropolitan Communications Consultants 3/27/2001 229 D. Wireless Telecommunications Towers and Facilities page 55 (13) 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 Facilities and demonstrate how this meets FCC standards. (14) 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. (15) A preliminary construction schedule and completion date. (16) 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. (17) 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. (18) Applicants for new communications towers shall contact all law enforcement, fire, and other public safety and emergency services agencies within the City prior to application submittal. All new towers approved under this ordinance shall be designed for, and the owner shall not deny, co -location of emergency services and public safety agencies' radio and communications equip- ment at fair market value or other cost basis as agreed by the parties. 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 City shall review applications in a prompt manner and all decisions shall be made in writing and set- ting forth the reasons for approval or denial. E. Decisions on unclassified use permits require a public hearing. The public hearing shall be con- ducted before the Planning Commission following which the Planning Commission shall render a decision supported by findings of fact and conclusions of law. Appeal of the Planning Commission's decision must be submitted within 14 days to the Department of Community Development for con- sideration by the City Council. 17.52.030 Setbacks A. 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. B. 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. C. Unless exempt from Section 17.52.020 PAMC, Telecommunications Facilities 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. Metropolitan Communications Consultants 3/27/2001 230 D. Wireless Telecommunications Towers and Facilities page 56 0D. 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. 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. The minimum Tower separation distances from residen- tially zoned land and from other Towers shall be calculated and applied irrespective of City jurisdic- tional 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. B. Tower separation distances from any property that is zoned residential shall be set back one (1) foot for each foot of tower height. isC. Separation or buffer requirements may be modified as provided in Section 17.52.085. 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/Stealth Design 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, Metropolitan Communications Consultants 3/27/2001 231 D. Wireless Telecommunications Towers and Facilities page 57 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. 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 PAMC, shall require a condi- tional use permit. D. An application to develop Telecommunications Facilities shall be by Conditional Use Permit and shall include the following: (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 cus- tomary 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 17.52.035 of this Ordinance. (6) 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. Metropolitan Communications Consultants 3/27/2001 jy k 1 �'�''�` page 58 D. Wireless Telecommunications Towers and Facilities (7) 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. (8) 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. (9) 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. (10) A preliminary construction schedule and completion date. (11) 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. (12) 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. (13) Applicants for the new telecommunications facilities shall describe all current, and anticipated, services (e.g. mobile data applications) that would be beneficial to law enforcement, fire, and other public safety and emergency service agencies within the City. 17.52.070 Modification of Existing 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. Metropolitan Communications Consultants 3/27/2001 233 D. Wireless Telecommunications Towers and Facilities page 59 (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. 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. 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 not 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. • Metropolitan Communications Consultants 3/27/2001 D_ Wireless Telecommunications Towers and Facilities page 60 17.52.085 Modification of Development Standards 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. (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 applicant 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 of the separation and buffer requirements of Section 17.52.040 PAMC, that written technical evidence from an Engineer(s) demonstrates that the pro- posed Tower and Telecommunications Facilities must be located at the proposed site in order to meet the coverage requirements of the Applicant's wireless communications system, and that the applicant is willing to create approved landscaping and other buffers to screen the Tower. (3) 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 Metropolitan Communications Consultants 3/27/2001 235 D. Wireless Telecommunications Towers and Facilities page 61 proposed Tower is the minimum height required to function satisfactorily, and no Tower that is taller than 120' shall be approved in any case. 0 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 location for placement of a personal wireless facility or for providing communications during an emer- gency. is 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. 0 J/G//Gvv Metropolitan Communications Consultants D. Wireless Telecommunications Towers and Facilities page 62 2. Wireless Telecommunications Towers and Facilities 0 Unclassified Use or Conditional Use Permit Procedure, Final 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 a 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 40 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. 0 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 3/27/2001 237 D. Wireless Telecommunications Towers and Facilities page 63 2. Unclassified Use or Conditional Use Permit Procedure, Final (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 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. 5th 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. 3/27/2001 Metropolitan Communications Consultants D. Wireless Telecommunications Towers and Facilities page 64 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. • is Metropolitan Communications Consultants 3/27/2001 239 E. Related Ordinances page 65 1. Chapter 3.70 Fees Final 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 - $100.00 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. Parking Variance - $225.00 N. 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. a. Final Binding Site Improvement Plan - $40.00 per lot. O. 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 3/27/2001 Metropolitan Communications Consultants E. Related Ordinances page 66 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. 3003 §2,12/25/98; Ord. 2932 §4,10/11/96; Ord. 2883 §2,9/15/95; Ord. 2789 §15,1/1/94) 3 70110 Public Works Department (Department) 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 for a 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 a 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: 1. 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 Metropolitan Communications Consultants 3/27/2001 241 E. Related Ordinances page 67 (use City right-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 FiIling. The permit fee for grading and filling activities shall be as fol- lows: Estimated volume of grading & fill Fee 250 cubic yards or less and less than 4 feet of cut or fill $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 2. 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 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 3<27l2001 E. Related Ordinances 5/811 $640.00 i„ 3/4"670.00 i„ ill 695.00. page 68 i•• 2. The new commercial/ industrial water service connection fee, including the me- ter, shall be: Service Size Meter Service Connection Fee i„ i" $1,160.00 1-1/2" 1-1/2" 1,740.00 211 211 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 3/27/2001 243 E. Related Ordinances page 69 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) 0Right-of-Way License Master Permit or Facilities Lease - Application and Review Fee. 1 Any applicant for an initial renewal or transfer of it right-of-way license, master per- mit or facilities lease pursuant to Chapter 11.14 shall make an initial 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 up to a maximum of five thousand dollars (S5,000.00). The minimum deposit shall be five hundred dollars (5500.00). 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 City -may, as expenses are incurred, draw upon the deposit to recover its Actual administrative expenses that are directly related to receiving and approving a ri ht-of-wav 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 proc- essini; of a master permit rijght-of-wav license or facilities lease. The City Engineer, at anv time may require the applicant to deposit additional sums if it appears that the initial deposit or subsei cent deposits will be exhausted prior 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 rivht-of-way li- cense or facilities lease The applicant will not be entitled to further consideration by the City 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 applicant 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 six!y (60) days of its applica- tion and review fee written request, be refunded the balance of its deposit under this Section, less: Metropolitan Communications Consultants 244 3/27/20U] E. Related Ordinances page 70 (a) Fifty dollars,($50 00) non-refundable filing charge; and is(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 ecluipnient of ser- vices and feeders shall be as set forth in the current edition of the State. of �Nfash- ington Department of Labor and Industries fee schedule as adopted in WAC 29646-910 as amended. b The fee for special permits issued pursuant to PAMC 14.05.180F.., shall be 530.00. C. The pole attachment rate: Year 2001 - at prior pole rental agreement rate Year 2002 - $8.50 Year 2003 $9.00 Year 2004 - $9.50 Year 2005 - 510.00 Metropolitan Communications Consultants 3/27/2 UU 1 �� E. Related Ordinances page 71 2. Chapter 5.04 General Provisions, Final • 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 Title is 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 City 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 license. B. 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 li- 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) i Metropolitan Communications Consultants 3/27/2001 E. Related Ordinances page 72 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 otherwise provided 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, 1101 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 3/27/2001 247 E. Related Ordinances page 73 3. Chapter 5.80 Public Utility Tax, Final 0 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 telecommiunications 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 chaRter, the following terms shall have the meaning ascribed herein: (i) "Telecommunications business" means the business of providing_t_elecommunica- 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 o or data whether or not the transmission medium is owned by the provider itself. (3) Telecommunications service includes telephone service paving service, persona_ 1 wireless services and commercial mobile services but does not include cable service or over -the -air broadcasts to the public -at -lar *e from facilities licensed by the Federal Communications Commission or any successor thereto. 0 (4) "Telephone business" means the business of providing access to a local teleptioncy network, local telephone network switching service toll service cellular telephone services or coin tele- phone services providing telephonic, video data or similar Communications or trarlsnlisSioii for hire, via a local telephone network, toll line or channel, cable, microwave or similar communications or ti ansmission system. It includes cooperative or farmer line telephone companies or associations opera t- in 7 an exchan(, e. It also includes personal wireless services providers and commercial mobile services providers to the extent therovide their services via a localtelephone nettivork, toll line or channel c:z- .12 ble microwave or similar communications or transmission system. "Telephone business" includes interstate service including toll Service oris. ina.tin from or rc c c ived d lin ti iccornmunications 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 tele phone network toll line or channel cable microwave or similar commu- nications or transmission s yst� errr_ "Telephone business" does not include the providing of competitive tele phone service the�ovidin of cable television service nor the -)rovidin of broadcast services by radio or television Stations nor the provision of internet serviceas defined in RCW 8� 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 3/27/2001 E. Related Ordinances 4. Chapter 11.08 Construction or Excavation Work Within Rights -of -Way, Final page 74 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 to and or for public utilities. G. "Person" means any person, firm, partnership, association, corporation, company, service provider or non -service provider as defined under Chapter 11.14, 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 work within 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 utili!y Structure or appurtenance and easements w hich under the cite. Charter, the PAMC city ordinances and applicable laws the City has autliority to grant master peimits franchises licenses or leases for use thereof use permits or has regulatory author- grant thereover, and as may be more specifically defined in the master permit license or lease granting an riglht to or use thereof. (3) "Rights -of -Way" for the purpose of this Chapter do not include City Propertv, build- in,gs parks, oles conduits or similar facilities or properhr owned by or leased to the City, including, by vv av of example and not limitation structures in the right-of-way such as utility poles light poles and brides. L" Permit Use Permit Right-of-Wav Use Permit or Right -of -Way Construction Permit" refer to the legal authorization in addition to a master ermit to enter and use a specified portion of the public ri<<,hts 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 ioint pole users, the roadbed or in anv 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 l)ei mit of right of w ay construction permit by a service provider within thirty (30) days cit receipt of a c onipleted 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 City. Metropolitan Communications Consultants 3/27/2001 249 E. Related Ordinances page 75 B. The City may require that a service 12rovider constructing, relocating, or lacing,- duets or con- duits in public rights-of-way provide the City with additional ducts or conduits and related structures necessary to access the conduit consistent with RCW 50.36.150. C. Notwithstanding any other provision of this Chapter, the City may negotiate an agreement with a service provider constructing relocating or placing,- ducts or conduits in public: rights-of-way to provide the Cily with additional ducts or conduits and related structures necessary to access the conduit. 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/l/81) 1108 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) 1108 050 Permit - ApylicationProcessing. 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. D. If the Director of Public Works upholds the denial of the permit, the applicant may appeal the 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/l/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 §6,9/l/81) 1108 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 3/27/2001 Metropolitan Communications Consultants E. Related Ordinances pale 76 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 deposit shall be refunded to the depositor upon completion and acceptance of the project. (Ord. 2662 §2,12/27/91) 11.08.070 Permit - Form 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 in a 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- mit. (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 surety by the City Manager and as to form by k the City Attorney, which bond shall be conditioned upon faithful completion of that portion of the wor 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 determined by 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 shall further 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 §9, 9/1/81) 110$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) 1108110 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 than fifty 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 3/27/2001 Metropolitan Communications Consultants 251 E. Related Ordinances page 77 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) 1108120 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 Municipal Construction 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). All work on optical fiber construction shall also be done in accordance with the Recommended Practices for Optical Fiber Construction and Testing, issued by the Society of Cable Telecommunications Engineers, current edition. 1108130 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/l/81) 1108140 Additional Specifications - Driyewa�. 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 be 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) 11.08.220 Performance of Work - Utili Facilities Protection Re nirements. 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 §22,9/l/81) 3/27/2001 Metropolitan Communications Consultants E. Related Ordinances page 78 11.08.230 Liability 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, 9/1/81) 11.08 Z35 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 obstructions. 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/l/81) 1108.250 Excavated Material 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 excavated 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 backfilling. It is the permittee's responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal. (Ord. 2166 §25, 9/1/81) 1108 260 Cleanup 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 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. 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) Metropolitan Communications Consultants 3/27/2001 253 F RPlatPd nrdinances page 79 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 is 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, 9/1/ 81) 11.08. Z90 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, 9/1/81) 1108 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; Ord. 2166 §30, 9/1/81) 11.08.31 Surface Restoration. A. Permittee shall compact the backfill to the top of the trench, and shall then notify the City Engineer 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 specifi- cations 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 ex- 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/l/81) 1108 330 Work to 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) 1108.340 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 Metropolitan Communications Consultants 3/27/2001 • E. Related Ordinances page 80 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) 1108 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, 9/1/81) 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, 9/1/81) 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) 1108.390 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, 9/1/81) 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, 9/1/81) Metropolitan Communications Consultants 3/27/2001 255 E. Related Ordinances page 81 5. Chapter 11.12 Right -of -Way Use, Final Sections: 11.12.010 Definitions. 1112.020 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. Definitions. 11.12310 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 exhibit or articles and where any such goods or articles are sold or sponsorship of the applicant goods for sale at retail or are displayed upon the public streets or rights-of-way of the City. Examples of offered 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. "Right Use Permit issued by the Department of Public Works. E. "Permit" means a -of -Way "Planting that of the right-of-way, if any, between a street and the F. strip" means portion adjacent sidewalk. G. "Right-of-way" means: 1 A dedicated or owned right-of-way of the City, between the outer boundaries thereof „,ithin Ni hick may be located a street highway, sidewalk alley, avenue or other structure used for edes- A right-of-way or easement is included trian or vehicular traffic or a utility structure or appurtenance. n the definition of "Right -of -Way" whether such ri ht -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 foredestrian or vehicular traffic, or a utiliy structure or apl2urtenance and easements laws, the City has authority to c,'liich, under the ci ; Charter, the PAMC city ordinances and applicable franchises licenses or leases for use thereof use ermits or has regulatory author - },rani: master ermits, 3/27/2001 Metropolitan Communications Consultants E. Related Ordinances page 82 itv thereover, and as may be more specifically defined in the master permit license or lease tTranting, any 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 wav of ex- ample and not limitation, Structures in the right-of-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, in- cluding alleys. J. "Unopened right-of-way" means a right-of-way which is not used for either pedestrian or ve- hicular 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 be 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 §l, 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) 1112040 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 permit therefor is obtained from the City under this Chapter; provided that the Director of Public Works and the Chief of Police shall determine what 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 on any sidewalk or planting strip of the City any temporary or permanent structure or thing which 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) Metropolitan Communications Consultants 3/27/2001 257 E. Related Ordinances page 83 11.12070 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 accumulation of ice, snow, mud, dirt, earth, and plant refuse, paper, debris or other mate- rial that shall remain more than forty-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 Works Department, 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) 1112080 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- 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 PlantinX Stn_ps - 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 the curb line or roadway shoulder, including street trees planted in accordance with City stan- Metropolitan Communications Consultants 312712UU i E. Related Ordinances page 84 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 ap- plication for comment. (Ord. 2350 §1, 7/23/85) 1112.110 Permit - Issuance by Department of Public Works. A. For a 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 writ- ing, 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 days of personal delivery, of the denial by the 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, as set 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 3/27/2001 259 E. Related Ordinances page 85 B. The location of the obstruction, and/or the obstruction itself, shall be adequately lighted for night visibility, if the obstruction area is not lighted and pedestrians are present at night. C. The location of the obstruction shall not constitute a traffic hazard either by itself, or by its ef- fect upon the visibility of persons using the street or sidewalk. D. If locations for the particular type of obstruction are required by the existence of other struc- tures, obstructions, ordinances or other regulations, the obstruction shall be located where so required. E. The obstruction shall not be permitted for longer than the period necessary for accomplishing the proposed purpose for such obstruction. F. All other State and local ordinances will be applicable and shall be complied with. G. The applicant must demonstrate that it is necessary to use the public street, sidewalk or plant- ing strip, and that there is no other means available to accomplish the desired purpose, except by the use of the public right-of-way, street or planting strip. H. No one shall plant in any public right-of-way any cottonwood, London plain, weeping wil- low, gum or any other tree the roots of which cause injury to the sewers, water mains, sidewalks or pave- ments or which breed disease dangerous to other trees or to the public health or allow to remain in any public right-of-way any planted tree which has become dead or is in such condition as to be hazardous to the public use of the street and/or sidewalk, and any such trees now existing in any such planting strip or abutting street area shall be removed at the expense of the abutting property owner as may be di- rected by the City. No tree shall be planted within two (2) feet of any sidewalk or pavement, except as may be otherwise approved. I. No flowers, shrubs or trees shall be allowed to overhang or prevent the free use of the side- walk or roadway, or street maintenance activity or utility use of the street except that trees may extend over the sidewalk when kept trimmed to a height of seven (7) feet above same, and fifteen (15) feet above arterials and fourteen (14) feet above all other roadways. Trees so placed shall also be trimmed so as to remain below power lines if present. (Ord. 2350 §l, 7/23/85) 11.12140 Pernut - Conditions. The following shall constitute minimum conditions to be applied to the permit: A. The applicant for a permit shall execute a hold -harmless guaranty to the City, agreeing to hold the City harmless from and defend the City against any causes of action for personal injury or prop- erty damage arising out of, or in any way connected with, the placement of the obstruction on the City street, sidewalk or planting strip. B. The applicant shall provide, and maintain in force a certificate of insurance, or a bond of like amount, with the City named as an additional insured, insuring against property damage or personal in- jury, with limits of not less than three hundred thousand dollars per incident, three hundred thousand dollars per person, and one hundred thousand dollars property damage, except for benches, litter recep- tacles, bicycle racks, and private planters, other landscaping, fences, walls and others so exempted by the Director of Public Works. C. The property owner or applicant shall maintain the obstruction, in compliance with the stan- dards and conditions imposed upon the placement of the obstruction by the City. Maintenance of the obstruction shall include the removal of litter and/or debris which may accumulate on or around the ob- struction. D. For permanent structures placed in the right-of-way, including but not limited to fences higher than 30 inches, rockeries, walls, stairs and ramps, the applicant (property owner) for a permit shall execute an "Agreement to Remove Encroachment Within Public Right -of -Way". Such agreement shall guarantee removal of the encroaching improvements upon public rights-of-way within sixty (60) days' written notice from the Director of Public Works and shall be recorded by the City with the County Auditor as an encumbrance on the property adjoining the public right-of-way. Such work shall be done in accordance with the requirements deemed necessary by the Director of Public Works and at the cost of the property owner. If the obstruction is not removed, then the obstruction shall be declared a nui- sance. (Ord. 2350 §l, 7/23/85) 3/29/2001 Metropolitan Communications Consultants U E. Related Ordinances page 86 1112150 Permit - Termimble,at Will - Appeals. A. Any permit issued pursuant to this Chapter is subject to termination upon written notification 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 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) 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 procedures of Chapter 8.04 of this Code, except that signs or other objects located within City right-of- way, which are not in conformance with the terms of this Chapter, may be removed by the City without notice and destroyed. (Ord. 2350 §1, 7/23/85) 11.12.170 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- 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, 7/23/8) Metropolitan Communications Consultants 312712001 261 • • 262 •- A r] L • P VR.-.. -, NGELES WAS H l N G T O N, U.S.A. CITY COUNCIL MEMO CITY MANAGER'S CALENDAR / REPORT April 17, 2001 CITY MEETING SCHEDULE I DATE I TIME Special & Regular City Council Meetings Tuesday, April 17 5:15 & 6:00p.m. North Olympic Peninsula Cities Association Meeting Wednesday, April 18 6:00 p.m. Parks, Recreation, & Beautification Meeting Thursday, April 19 7:00 p.m. Planning Commission Meeting Wednesday, April 25 7:00 p.m. Special Utility Advisory Committee Meeting Monday, April 30 3:00 p.m. City Council Meeting Tuesday, May 1 6:00 p.m. Gateway Committee Meeting (as needed) Thursday, May 3 8:15 a.m. Utility Advisory Committee Meeting Monday, May 7 3:00 p.m. Sister City Visit to Mutsu City, Japan May 8 - 16 na Law Enforcement Advisory Board Meeting Wednesday, May 9 6:30 p.m. Planning Commission Meeting Wednesday, May 9 7:00 p.m. City Council Meeting Tuesday, May 15 6:00 p.m. Parks, Recreation, & Beautification Meeting Thursday, May 17 7:00 p.m. Downtown Forward Executive Committee Meeting Monday, May 21 7:00 a.m. Planning Commission Meeting Wednesday, May 23 7:00 p.m. G:\CNCLPKT\CTYMGR\CMREPT\2001\01-0417.wpd 263 • • • 264 GELES WASH IN GTO N, PUBLIC WORKS & UTILITIES DEPARTMENT DATE: April 17, 2001 To: MIKE QUINN, CITY MANAGER FROM: Glenn Cutler, Director of Public Works and Utilities SUBJECT: Update on Morse Creek Hydroelectric Facility City Council authorized a lease of the Morse Creek hydro project to EBEY Hill Hydroelectric in December of 2000. This lease was not executed due to some concerns the contractor had with renegotiating the lease every five years and some conditions required if repairs are necessary. Concern has been expressed by various environmental organizations, such as the Elwha Morse Management Team (EMMT), Protect the Peninsula's Future, and the US Fish and Wildlife Service of the operation of the Morse Creek Hydroelectric facility. While the City is not required to complete any additional studies to continue to operate under the current FERC license, staff felt it would be prudent to evaluate our risk in continuing to operate the project in view of the ESA listing of bull trout and Chinook salmon. Staff is working with our consultants in Seattle and the Lower Elwha Clallam Tribe. This evaluation is nearly complete, and staff will be bringing a revised lease to City Council for consideration in the near future. Protect the Peninsula's Future's president, Eloise Kailin sent City Council a letter bringing various issues to their attention. Staff is preparing a response. The issues and our findings to date are attached for your information. After staff has completed our research, we will prepare a written response. 3H'TiP0WM\MEM0S\cm0417.wpd 265 Response to Protect the Peninsula's Future, Eloise Kailin, President, Letter of April 2, 2001 0 Issue: Existing structures pose human health hazards... Untreated water is provided at caretakers house Status/Response The caretakers house is not part of the lease agreement. The house will not be occupied. Issue: A footbridge needs to be replaced. Status/Response Any replacements that are necessary will be done by EBEYHill prior to startup. Issue: Tunnels through which the pipe runs are crumbling. Status/Response Discussions with the employee that does the weekly inspections of the pipeline indicate the tunnels are in good shape. They were inspected after the recent earthquake and sustained no damage. Issue: Safety of having only one person walking the pipeline route is questioned. Status/Response Pipeline inspections and safety will be the responsibility of EBEYHill. Issue: Raking of the intake screen at night or in inclement weather is hazardous. Status/Response Raking the intake screen will be the responsibility of EBEY Hill. Issue: "...pipeline break will likely be expensive to repair..." Status/Response Any pipeline leak repairs will be the responsibility of EBEYHill. Issue: "What is the present obligation to PUD to maintain this facility, the roads to it, and does PUD participate in costs to clean up the slides along roads and pipelines? Status/Response The City and the PUD have a transmission agreement for wheeling power and water. Maintenance of roads to the diversion and the powerhouse will be included in the lease and will be the responsibility of EBEYHill. Issue: Costs of several maintenance items were listed... Status/Response The costs of any maintenance items or improvements will be the responsibility of EBEY Hill. Any FERC requirements will be met by EBEY Hill prior to resumption of Power Generation. Issue: Questions on possible other leaks in pipeline... Status/Response The only known leak in the pipeline exists at approximately station 57 or 58. The leak at station 92+50 was repaired. As this pipeline has been dewatered from the PUD filtration plant and below, leak tests will be done on the pipeline prior to bringing the generator back online. • 266 ili NAPWKSU.IGHAPOWM\MORSECRK\E Kan respopnse.wpd ,�,j� F•. � i%1 / � 4e1#WC.iC- 7-i► .t�<s•�rr le2 BRIEFING ON HR 2389/ PL106-393 Badegroand: In response to the dramatically declining Federal Fot+co harvest levels in the early 1990's Congress passed what is referred to as the " Spotted Owl " legislation to assist 72 counties in Washington. Oregon. and Northern California in maintaining federal funding support for the cotmty roads and schools. This legislation was to sunset in the next ,federal Racal year. To enure that these revenues oonti nuod to flow to dose respective counties a group was formed in 1998 to begin looking at both the short term issue of cantimung this program in some form and to look at a long term solution to returning these federal lands bade to being managed for the multi -use purposes for which they were originally intended. This ocalitian calf the National Forest Counties alt Schools Coalition initiated legislation, which PreekUnt Clinton siVW imo law as October 30,2M. This bill HR 2389 / Pt. 106-393 which is titled the Secure Rural Schools and Community Self-t3eterminstion Act of 2000 is now being implemented. Current Status: (Executive Director Jim Haguewood has topics of the actual bill Mould individuals need to review the specific language.) As a part of this process the bill gives to the locally elected county caammissiahars several options as to how these dollars may be spent. in Clatlant County as a result of this legislation, the revetues increase from the FY 2000 payment level of t 1.329,064.90 to a WINI oft 2,311,24&2& As part of this legislation. there is created an investment fund which is then decoded $om the total dollar amount. in Cdallam County this investment fund retch S 346.667.24 which then leaves a net of S 1.964.561.04 for didributian back to the county, 501/9 to county roads and 509'/9 to the county schools distributed on a pupil basis by district. It needs to be noted these school revenues are that deducted by the state tram each district's Basic Education Allocation. This is an issue that is being litigated and this case is in the Ninth Circuli Court of Appeals to be heard lane this year_ The choice fat the owAity commission= is primaidy in choosing to allocate dw 1101011 ISO $+ore this Inveatmeht Fund to eddter Title i l projects of Title d 11. The intent of those who authored this bill and the member of Congress who sponsored this piece of legislation we clear. They intended for the majority of these additional mevemres to be spent an Title i 1 projects 50% of which shall be for "...road maintenance. decommicsiating. or obliteration: or to restoration ofd rams and watersheds," 1110 COMM n teamed Of Directars, one of which is Jefferson County Cammiaaioner Glen HuntingAW4 atr+attgdY suppttret diroding a Isga parentage of these dollars inW Title I I p vie d! and an that £edeaal threat lands in CMliam and Jefferson Counties, to ax=w ge the funding be directed to assist the Forane Sarv= in maintaining and nnpaI . etiating forest rowls. As a past of this bill Regicaal Advio y Committees are; being formed. The application deadline is May 4, 2001 and forms are available !ismer the Forest Servioc. This is a critical committee, which will review potential projects and will submit Title 11 proposals to the respective county governments and than contingent upon their approval to the Secretary of Agriculture for her approval. This process has a deadline of September 30 each year. Recommendation: CoRmnissioher HnuttiragtlWard baa proposed CWb m cad Jefravon County (and ponibiy Mama County) form a joint RAC and allocate at leets 60x of their Inveshman Fuad b Title I 1 projects with rho taws being an Forest Service rad mairdenooe and repair prajet>ia. He also suggests cresting an Interlocal Agreement with the Counties, the Forest Service, and the DNR to investigate ways in which collaborative efforts may be possible to help solve the problem of lack of revenue to maintain and repair these Forest Service roads. An example of this might be to use some of the new doltars to the county road departments to sssist the Forest Service in these efforts. This proposal has a great dealt of merit. The continued hilttre, because of iNck of avenue, by the Forest Service to maintain these roads poses an esnormous threat to water quality, salam restoration eftts. and to accessing these lands for the muki-use purposes for which they were intcade& l would tecommend the Ctallam Comes EDC support this proposal. 7V AW -,OA✓ 7Y*40- 4OW 4#*jfVasrA A4C-W 0 ZW4r i 1 ►.vrr.�.�/ci►.sd 's • f ..G" 19 rr 401P. •c/ 0Y 7b y.:*, ~w ars sit• -s >aa -. V% GELHS WASH ING TON, CITY COUNCIL MEMO DATE: April 17, 2001 TO: MAYOR DOYLE AND CITY COUNCIL FROM: Becky J. Upton, City Clerk/Management Assistant SUBJECT: Resignation of Steve Anderson from the Building Code Board of Appeals Attached for your information is a letter from Mr. Steve Anderson, resigning from his position on the City's Building Code Board of Appeals. Staff will proceed to advertise and seek applications from individuals who may want to be considered for appointment to the Board. The Council will be kept informed. Attachment 267 April 6, 2001 Lou Haehnlen City of Port Angeles P.O. Box 1150 Port Angeles, WA 98362-0217 p C 9 R 0 W R NV -6 2M CITY OF PORT ANGELES CITY CLERK RE: BOARD RESIGNATION Dear Lou: This is a letter offering my resignation from the City's Construction Code Board of Appeals. It was good to see you yesterday and personally explain my upcoming move to Seattle. Accepting a position with the City of Seattle's Office of Housing will keep me away from Port Angeles Monday through Friday, although I will continue to have my home here. The board has rarely had to convene. Your ability to resolve potential disputes results in department rulings being understood rather than appealed. When we did meet, however, it was during the week, a time when I will be unavailable. I appreciate the opportunity to have served on the board, limited as it was. I am also grateful for the Council's appointment allowing me to do so, and I would be interested in serving again when circumstances permit. I would like to thank you and the other board members: Bill, Fred, Hank, and Mark. All of you brought me up to speed and made it easy for me to fit in. Please let me know if there is anyone else at the city you think would be appropriate for me to contact to explain my departure. Sincerely, 4. k��6 J"OK Steve Anderson 1417 E. THIRD ST. • PORT ANGELES, WA • 98362 PHONE & FAX: 452-3248 • MINUTES PLANNING COMMISSION 40 Port Angeles, Washington 98362 March 28, 2001 7:00 p.m. ROLL CALL Members Present: Bob Philpott, Fred Norton, Fred Hewins, Chuck Schramm, Mary Craver, Wayne Doty Members Excused: Linda Nutter Staff Present: Brad Collins, Sue Roberds, Debra Barnes, Ken Dubuc, Jim Harper, Larry Dunbar Public Present: Bill Roberds, Bill Soderlind, Bill Cunningham, Ken Henshaw, John Pope, John Fred Pope, Ken Sweeney, Tom Newcomb, Shirley Newcomb, Ed Brown, Sue Maharaj, Stan Maharaj, Mike Keeley, Rita Noeske, Jerry Noeske, Sue Zook, Chris Zook, Dan Karl, Bob Sorenson, Arline Dailey, Dennis Leinaar, Ann Leinaar, Marilyn Jackson, John Jackson, Jim MacDonald, Alice Webber, Gene Webber, Lillian Beebe, Jim Harper, Susan Bauer In the absence of Chair Nutter, Vice Chair Schramm assumed the Chair for the evening and noted that anyone presenting testimony must first sign in and swear an affidavit to present truthful information. APPROVAL OF MINUTES Commissioner Philpott noted several typographical errors. Commissioner Doty clarified a statement that he made referenced on Page 2. Commissioner Philpott moved to approve the March 14, 2001, minutes with corrections. Commissioner Norton seconded the motion which passed 5 - 0 with Commissioner Craver abstaining due to absence. PUBLIC HEARINGS MUNICIPAL CODE AMENDMENT - MCA 00-04 - CITY OF PORT ANGELES - TELECOMMUNICATION ORDINANCE: Adoption of rules regarding the establishment oftelecommunications facilities including towers within the City of Port Angeles. 0 Vice Chair Schramm opened the public hearing. 269 Planning Commission Minutes March 28, 2001 Page 2 Tom Newcomb, 1857 Harborcrest Place, thanked the Commission on behalf of the over 500 HAM radio operators in the area for recognizing such activities as exempt in the draft Telecommunications Ordinance. There being no further speakers, Vice Chair Schramm closed the public hearing. Brief discussion took place regarding setbacks noted as required in residential zones for towers exceeding 60' in height. It was explained that the requirement to allow one foot of setback for each foot of tower height exceeding 60' is to assure that in the event of tower collapse, the structure would fall on the property on which it is situated. Commissioner Hewins moved to recommend that the City Council approve a new Section 17.52 to the Port Angeles Municipal Code with regard to wireless telecommunication and tower facilities. Commissioner Craver seconded the motion. Planning Specialist Roberds noted that the entire Wireless Telecommunications Towers and Facilities Ordinance needs to be recognized in the motion. Commissioner Hewins amended the motion to be that the Planning Commission recommends the City Council adopt the Wireless Telecommunications Towers and Facilities Ordinance citing the following findings and conclusions: Findings: The overall demand by citizens for wireless communications services has generated a need for the installation of wireless communication facilities and towers to serve the public. 2. Wireless Communication Facilities or portable communication services provide personal convenience, business, and useful emergency purposes. 3. The Federal Communications Commission requires license holders to provide coverage to areas where wireless communications licenses have been acquired which requires that facilities be constructed to accomplish that purpose. 4. The Federal Telecommunications Act (FTA) of 1996 preserves local zoning authority to reasonably regulate Wireless Communication Facilities provided that the FTA mandates localities may not unreasonably discriminate among license holders nor have the effect of prohibiting the provision of wireless service. 5. It is the intent of the city of Port Angeles to establish guidelines and regulations such that unregulated or under regulated development of wireless communications services and uses within rights-of-way do not create significant visual, land use, or other impacts within the City. 6. Wireless communications services located near residential, commercial, and business zones can be regulated to assure that reasonable mitigating measures are employed to protect the public health, safety, and welfare. 270 Planning Commission Minutes March 28, 2001 Page 3 7. The City of Port Angeles intends to establish a greater sense of quality and unity in the development of wireless telecommunication facilities consistent with the physical assets and adopted Comprehensive Plan for the community. The entire Plan was reviewed with respect to the proposed ordinance. 8. The City desires to ensure consistency and predictability for telecommunication providers requesting to site wireless telecommunication facilities within the City and for residents who require assurance that the City will assist in making available desirable technology advancements. 9. The Communications Act of 1934 as amended by the Telecommunications Act of 1996 granted the Federal Communications Commission exclusive jurisdiction over the regulation of environmental effects of radio frequency (RF) emissions from Telecommunications Facilities and the regulation of radio signal interference among users of the RF spectrum. 10. The proposed ordinance has been reviewed with the mandates of the City of Port Angeles Comprehensive Plan, as amended, and has been found to be in compliance with the spirit and intent of the Plan. 11. A determination of nonsignificance (DNS) was issued by the City's SEPA Responsible Official on March 26, 2001, pursuant to WAC 197-11-340(2). 12. The proposed ordinance contains provisions intended to limit the number of structures within the City which exceed the height limitation of the underlying zone while allowing facilities that are verified as being required in areas where they might otherwise be prohibited. 13. City residents are accustomed to seeing utility facilities located within public rights- of-way. 14. Co -location of tower structures rather than construction of single use towers within the City is a primary objective. 15. The Planning Commission held work sessions to discuss the draft proposal conducted during regular meetings. Notification of the public hearing scheduled to discuss the draft proposed regulations was published in the Peninsula Daily News on March 8, 2001, with notices placed at the Clallam County Courthouse, the Port Angeles Library, and City Hall. No public comments have been received as a result of the notification. 16. A 42 -day review period was provided for service providers to provide comment on the proposed regulations. Those comments have been incorporated into the draft ordinance. 271 272 Planning Commission Minutes March 28, 2001 Page 4 17. The Planning Commission conducted work sessions during regular meetings regarding the proposed ordinances on November 8, 2000, and February 14, 2001. A public hearing was duly advertised and conducted on March 28, 2001, on the proposed ordinances. 18. The City's Utility Advisory Committee met jointly with the Planning Commission on January 16, 2001, to discuss and review the proposed regulations. Conclusions: A. The provisions contained within the proposed ordinance establish wireless communications regulations, standards, and procedures consistent with the protection of the public health, safety, and general welfare and interests of the citizens of the City of Port Angeles and surrounding community. B. The proposed ordinance has been reviewed with respect to the requirements of the State Environmental Policy Act (SEPA) and has been determined to have no probably significant adverse environmental impacts. C. The proposed standards will provide development opportunities to serve the community proportionate to the scale of development. D. Growth Management Element Goal A, Policy Le. and g, and Policies 14 and 15; land Use Map Goal A, Policies 1 and 2, and Objective A.1; Residential goal and Policies Goal B, Goal C, and Policy 1; Commercial Goal D., and Policy 1; Utilities and Public Services Element Goal B, Policies 3 and 4, Goal C, Goal D, Policy 5, and Goal E Policy 5 are most relevant in support of the telecommunications ordinance. E. The continued development of small telecommunications facilities within public rights-of-way should result in minimal impacts within al zones of the City. F. Adoption of a permit process will provide clear development standards and will result in a fast and predictable process for obtaining land use permits associated with the development of wireless facilities within the City. Commissioner Norton seconded the amendment. The vote on the amendment was unanimous. The vote on the original motion was then called for and passed unanimously. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 00-01 - PORT OF PORT ANGELES_ 832 Marine Drive: A proposal to relocate existing boat houses and add a new float to accommodate a large vessel or seaplane within the Port Angeles Boat Haven, in the Industrial Heavy zone. Associate Planner Debra Barnes reviewed the Planning staff's report recommending approval of the requested permit with conditions and provided overhead depictions of the site. Vice Chair Schramm opened the public hearing. Planning Commission Minutes March 28, 2001 Page S Ken Sweeney, Port of Port Angeles Environmental Manager, 338 West First Street, provided a brief history of the proposal and the need to allow for safe sea plane docking within the Boat Haven. Such berthing is unacceptable at present and is not safe. The float rearrangement will ensure safety measures and procedures satisfactory to the Harbor Master. A Hydraulics Project Approval (HPA) has been received by the Department of Fish and Wildlife for the project. It is possible that when the new dock is not being used for a sea plane that it could be used to allow short term large vessel docking. There being no further comments, Vice Chair Schramm closed the public hearing. Commissioner Craver moved to approve the shoreline substantial development permit as proposed citing the following conditions, findings, and conclusions: Conditions: L. Compliance with the policies and standards of the City's Shoreline Master Program (SMP) shall be made. 2. The maximum amount of covered moorage shall not exceed 10% of the over water area of the Boat Haven. 0 3. Compliance with Washington Department of Fish and Wildlife requirements shall be made. Findings: 1. A shoreline substantial development application, SMA 01-01 was submitted by the Port of Port Angeles on December 29, 2000 for the rearrangement of existing boathouses and the installation of additional floats in order to accommodate a larger vessel or seaplane. Existing Boathouse #K39 and 940 will be moved other locations, one on the K float and the other to the J float. K39 is 20 feet by 36 feet (720 square feet) in size; K40 is 18 feet by 36 feet (648 square feet) in size. A seaplane float of 8. feet by 30 feet will be placed in newly vacated area on the K float. 2. The existing, one-story boathouses are constructed with woodframing, aluminum and sheet steel siding and roofing and are supported by float logs and styrofoam. The new float will be constructed with concrete, ACZA.60 treated framing material, and encapsulated, styrofoam floatation billets. The bottom of the float will be approximately 16 feet above the basin floor at mean higher high tidal elevations. Neither the boathouses nor the new float will be anchored to the bottom of the harbor, but will be connected to the existing float system which is anchored to the shoreline adjacent to Marine Drive. The proposal will result in a net increase of shade by 240 square feet. 3. The Port Angeles Harbor provides near shore marine habitat for juvenile Puget Sound Chinook salmon, which are listed as a threatened species under the Endangered Species Act. Nearshore marine areas provide habitat for salmon, as we" Planning Commission Minutes March 28, 1001 Page 6 as for bait fish such as herring and sand lance. Within the Boat Haven, salmon and herring have been seen; however, their extent in the proposed location of the floats and boathouses are not known. Eelgrass is known as key habitat for juvenile salmon as it provides refuge, as well as feeding habitat. Since the decline of salmon populations and recent federal listings of these species, any negative impact to these aquatic plants or other habitats have been scrutinized. An eelgrass survey has been underway for the project site. 4. The Port Angeles Boat Haven has been in operation for several decades. It provides slips for permanent or transient moorages, as well as gas floats and haul out areas. Parking for the facility is provided both east and west of the moorage area. The 1, J, K and L floats are in the center of the facility and are accessed via a walkway adjacent to Marine Drive. 5. The designation of the subject site is Aquatic Harbor (AH) in the Port Angeles Shoreline Master Program, Industrial (I) in the Port Angeles Comprehensive Plan, and Industrial Heavy (IH) in the Zoning Code, and boating facilities are permitted uses in each of these designations. The existing Boat Haven is a longstanding use that is specifically allowed at this location. 6. The project, as conditioned, is consistent with the Port Angeles Shoreline Master Program. Those most relevant include the following: Chapter 4 D -Environmental Impacts Policy 1 and Regulations 1, 4, 7, and 12; E -Environmentally Sensitive Areas Policy 1 and Regulation 1; F -Kelp Beds, Eelgrass Beds, Herring Spawning Areas, Smelt Spawning Areas, Shellfish Areas and Other Critical Salt Water Habitats Policies 1-9 and Regulations 3, 4, 7; H -Salmon and Steelhead Habitats Policies 1-4 and Regulations 1 and 5, J -Public Access Policies 1-7 and Regulations 4; K - Shorelines of State-wide Significance Policies 1-6, Chapter 5 Aquatic Harbor Purposes 1-2, Policy 5 and Use Table H; Chapter 6 B -Boating Facilities Policies 1 and 3 and Regulations General 1, 4, 9, and 11, Covered Moorage 3, 4, and 5; Chapter 7 K -Piers, Wharves, Docks, Floats and Buoys Policies 1, 3, 4, and 9, Regulations 1 and 3. 7. The project, as conditioned, is consistent with the Port Angeles Comprehensive Plan, including: Conservation Element Goal A, Policy 1, Goal B and Policies 1-2, 9-10, 19, and 21, Goal D and Policies 1, 4, 7-8, Utilities and Public Services Element, Goal A and C, Economic Development Element Goal A and Policies 4, and Goal B and Policy 1. 8. The project, as conditioned, is consistent with the Port Angeles Zoning Code. Those most relevant include the following: The Boat Haven is located within the Industrial Heavy zone which is the least restrictive zone intended to be are in which heavy industry could develop causing the least impact on other land uses. Marinas are permitted uses within the IH zone. 0 274 Planning Commission Minutes March 28, 2001 Page 7 9. The proposed additional floats and boathouse re -arrangement should not affect parking needs. 10. The application materials were sent to the Department of Ecology (DOE), the Washington State Department of Fish and Wildlife (WDFW), Corps of Engineers, and the Lower Elwha Klallam Tribal Council for review. 11. The Light Department, Fire Department and Public Works Department each indicated they have no comments or recommended conditions of approval regarding the application. 12. No public comments were received on this application. The written public comment period concluded March 15, 2001. 13. The aquatic shoreline is defined by the City's Environmentally Sensitive Areas (ESA) Ordinance, Chapter 15.20, as a "beach and associated coastal drift process area, and a "Priority Species and Species of Concern Habitat Areas". Buffer and protective standards for these areas are generally deferred to the Shoreline Master Program. A habitat management may be required to address impacts and propose mitigation. In order to determine if the proposed site contains or is near such a habitat, consultation with the State Fish and Wildlife Agency is required., and oftentimes, a `biological assessment' is required to be prepared by a professional biologist with experience in the habitat type that is question. In this case, the State Fish and Wildlife Dept. requested that an eelgrass survey be conducted in order to determine if habitat is present which in turn, would allow for conditions or mitigation to be set forth. The City has determined that the review and process by the other resource agencies would generally satisfy the requirement set forth in the City Code. 14. Approval of SMA 01-01 shall also be deemed as approval for the activity in accordance with Chapter 15.20 PAMC. 15. The State Environmental Policy Act (SEPA) Responsible Official, Port of Port Angeles, issued a Determination of Non -Significance for the project on December 18, 2000. 16. Flood Damage Prevention Ordinance, Chapter 15.12 PAMC, requires that the any proposal be required to ensure that the base flood or water surface elevation is not increased more than one foot, which can be made by the proposal. Conclusions: 1. The proposal, as conditioned, would allow for reconfiguration of existing covered moorage without exceeding the maximum allowance established for the Boat Haven. In addition, it would provide for safe mooring of seaplanes, or larger boats in an open area of the Boat Haven. 275 Planning Commission Minutes March 28, 2001 Page 8 2. The proposal, as conditioned, would not negatively affect critical saltwater habitat, or salmon and steelhead habitat, as defined by the Shoreline Master Program. The proposal would increase cover a total of 240 square feet which can be mitigated through collaboration with resource agency experts. 3. The proposal, as conditioned, is consistent with the Port Angeles Comprehensive Plan and Zoning Code as a permitted use with the Industrial Light zone. 4. As long as the habitat issues are adequately addressed, the proposal can be deemed consistent with the Shoreline Master Program and PAMC 15.20, Environmentally Sensitive Areas.. Commissioner Doty seconded the motion which passed 5 - 0. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 00-02 - PORT ANGELES YACHT CLUB, 1305 Marine Drive: A proposal to enclose a covered patio area, construct an 8' x 20' covered addition and a 12' x 20' deck to an existing structure within the Boat Haven in the Industrial Heavy zone. Commissioner Wayne Doty acknowledged that he is familiar with Bill Roberds, the applicant's representative, and Stan Maharaj, a business owner in the area who has submitted comments regarding the use. Commissioner Bob Philpott noted that he is familiar with several proponents of the proposal present in the audience. Commissioner Mary Craver acknowledged that she is also familiar with several of the audience proponents. The commissioners stated that they felt they could act fairly on the application but would stand down if there were objections. There being none, they remained. Planner Bames reviewed Planning staff's report recommending approval of the proposal with conditions and provided overhead depictions of the site. Vice Chair Schramm opened the public hearing. Bill Roberds, 1305 West Marine Drive, represented the Port Angeles Yacht Club. He provided a brief history of the establishment of the Yacht Club at the site and its service to the marine recreation community. The original plans submitted with the application indicated a larger deck which has since been shortened following discussions with the Army Corps of Engineers. The project has been amended to cantilever over the bank rather than provide footings in the base of the rip rap to address the concerns of the resource agencies. He estimated that the project would take up to two years to complete. Construction materials and labor would largely be donated or fund raising supported. Construction of the planned viewing deck is dependent on when the Port can repair the eroded bank. He responded to Commissioner Doty that the bank erosion appears to have been caused by runoff from the parking lot to a course under an access ramp that has been unnoticed for several years. The erosion was observed when the area was surveyed for the proposed construction. Club members have offered their assistance to the Port to repair the damage. 276 Planning Commission Minutes March 28, 2001 Page 9 The Department of Fish and Wildlife has indicated the area is a sensitive habitat and a permit or exemption must be obtained to repair the erosion and that the area may not be reclaimed.. An asphalt berm at the top of the slope directing runoff to the existing storm drain may help the erosion. The Port of Port Angeles is considering redesign of the entire area and regrading may also be a solution at a point in the future. Mr. Roberds responded to Commissioner Hewins that a new lease would need to be negotiated with the Port to acquire additional property if the addition were to be placed south of the existing building. The current proposal to extend the existing roof line east is the most cost efficient plan. Given the westerly winds prone to the area and the need to keep structures out of the path needed for equipment to access the north rip rap for maintenance, the east extension was proposed. Mr. Roberds indicated that removal of the deck in the event of maintenance of the east rip rap could be readily accomplished. The Club is hesitant to proceed ahead with final construction drawings due to the costs involved until it is learned if the addition and deck will be approved. Commissioner Craver requested that the Port officially verify the parking agreement. John Pope, 735 East Sixth Street, represented the YMCA youth sailing program. The Port Angeles Yacht Club has served as host for the YMCA's sailing program. The proposed observation deck will prove very useful for directing student activities in the Boat Haven area. He asked that the proposed construction be approved. John Fred Pope, 735 East Sixth Street, stated that there has been a significant increase in sailing activities in the area. Peninsula College has instituted a summer sailing program. The Port Angeles High School and YMCA programs have been established for several years and go year round. Expansion of the facility is very positive. He thanked those who proposed the expansion. Suzanne Maharaj, 1213 West Marine Drive, does not oppose expansion of businesses but was concerned that parking has not been addressed. She explained that she had problems with proposed expansions to a restaurant use that she and her husband operated in the same area. There being no further comments, Vice Chair Schramm closed the public hearing. Planner Barnes responded to Commissioner Norton that the proposed conditions set the framework for the redesign of the proposed expansion and allow for flexibility. However, improvements beyond what the conditions allow would require a new permit. Commissioner Hewins was concerned that the construction redesign is not definite, the lease with the Port regarding parking is not definite, the property owner (Port) has not indicated approval of the project with respect to extension over the rip rap area, and added erosion hazards may occur given the addition is proposed very near the top of the bank. He would not be as concerned if the proposed building was set back from the top of the bank eight to ten feet. 277 Planning Commission Minutes March 28, 2001 Page 10 Commissioner Philpott asked Director Collins if conditions could be approved to allow the project to move forward by requiring engineering for the proposal to be approved as a part of those conditions. Director Collins answered that the applicants are reluctant to spend the money to finalize engineering plans without assurance that a permit will be approved. The Commission could approve the proposal with conditions such as staff has recommended, deny the proposal, or come up with conditions that the Commission prefers. Commissioner Norton stated that he would like to see the project move forward but would like to see the final design and parking agreement before that approval is given. Commissioner Craver reiterated that she would like to see the deck moved to the north side of the structure and have the parking arrangement with the Port verified before acting on the permit. Planner Barnes noted that the hearing could be continued to allow the applicant to submit revised drawings and obtain information from the Port that would address the Commission's concerns. Vice Chair Schramm suggested that plan for construction north of the existing structure rather than to the top of the bank and input from the Port would be helpful. Commissioner Norton moved to continue the public hearing to the April 25, 2001, regular meeting. Commissioner Hewins seconded the motion. In response to Commissioner Hewins, Mr. Roberds responded that he could address the Commissioners' questions regarding parking, design and maintenance questions, repair of the eroded area within two weeks. The current plan would leave 5' to the top of the rip rap. In response to Commissioner Craver, he answered that the north lawn area should be left as is for maintenance of the rip rap from the land. If there was a Plan B, it would be to go to the south which would result in the loss of parking spaces and a renegotiation of the lease for additional property. The cost of the project would double. A two week extension rather than one month is desired as the process has been lengthy to date. Commissioner Norton did not wish to amend his motion and stated that he did not wish to pressure the applicant with a shorter time period. The motion passed 5 -1, with Commissioner Doty voting against the motion because it is to continue for one month when the applicant asked for only a two week extension to avoid pressure which the applicant did not feel. Vice Chair Schramm confirmed that the motion was to reopen and continue the public hearing to April 25, 2001, 7 p.m. The Commission took a break from 8:40 p.m. to 8:50 p.m. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 00-03 - CITY OF PORT ANGELES, Ediz Hook Drive: A proposal to under ground existing power lines along the shoreline in the Industrial Heavy zone. 0 Planner Barnes reviewed the Planning staff' -s recommendation of approval with conditions E�E:3 Planning Commission Minutes March 28, 2001 Page 11 and amended condition No. 5. Vice Chair Schramm opened the public hearing. Jim Harper, Port Angeles Public Works Engineering, 321 East Fifth Street, stated that the major issue under consideration is to under ground existing power lines. The intent is not to increase capacity but to eliminate the overhead lines for aesthetic considerations. Conduits for other utility uses will be placed along with conduit for the electrical wiring. Existing utility poles will not be removed until completion of the entire project which is expected to take up to eight years. Mr. Harper responded to Commissioner Doty that the area has been previously disturbed during another infrastructure project. The approximate area is the same as was previously disturbed. No evidence of historical artifacts was uncovered. In response to Commissioner Schramm, Mr. Harper noted that construction will need to be completed during the tourist season (summer to fall) in order to complete the work in order to comply with the Department of Fish and Wildlife restrictions. At the earliest June would be a starting date with July being the latest. Commissioner Craver commented that revegetation of disturbed areas was proposed but not listed as a condition which she preferred. Commissioners Hewins and Schramm drafted language for Condition #6. There being no further comments, Vice Chair Schramm closed the public hearing. Commissioner Hewins moved to approve the shoreline substantial development permit with six conditions, citing the following findings and conclusions: Conditions: 1. If the subject site has not been previously inventoried, evaluated, and reviewed to the satisfaction of the Lower Elwha Klallarn 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 pen -nit 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 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. 2. The project shall comply with all regulations of the City's Shoreline Master Program specifically those of Chapters 4, 5, 6 and 7. 279 Planning Commission Minutes March 28, 2001 Page 12 3. The proposed project shall meet all federal, state, and local requirements. 0 4. The project shall utilize best management practices as identified in the City of Port Angeles Stormwater Management Plan to control stormwater runoff into the shoreline area. 5. The proposal shall be not necessitate subsequent shoreline bank protection structures. 6. All disturbed vegetation shall be replaced upon the completion of each project segment. Findings: Based on the information provided in the March 28, 2001 Staff Report for SMA 01-03 (including all of its attachments), comments and information presented during the public hearing, and the Planning Commission's discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. An application for a shoreline pen -nit was submitted by the City of Port Angeles, Light Department, on January 25, 2001 for the replacement of overhead powerlines with underground power lines on Ediz Hook. The application indicates that the work will occur within public right-of-way on the harbor side of the City's waterfront trail, except for a certain reach which will require excavation onto the trail due to the vicinity of the shoreline. The project will begin near the public boat launch area in the vicinity of the Puget Pilots facility and work westerly/southerly towards the BP Tanks. The project will be completed in several phases, lasting up to eight years prior to completion. The work includes the excavation of approximately 8000 feet of 32-4.0 in width trenches to a depth of 4 -feet for the placement of the conduit and cable. The materials that are excavated will be appropriately stored and then used for the required backfill. Revegetation of the disturbed area will also occur. Best management practices will be incorporated to address potential erosion and water quality impacts from the construction. 2. In accordance with the Shoreline Management Act and the local SMP, a conditional use may be granted if all five of the specified criteria can be met, as well as consideration of the cumulative effects of such requests has been made. These include assurances related to the proposed project that: 1) applicable policies are maintained, 2) public use of the shoreline is not impacted, 3) compatibility with adjacent uses can be made, 4) no adverse effects to the shoreline will result, and 5) that the public interest is maintained. As conditioned, the proposal meets the criteria specified. In addition, since sewer, water, phone and fiber utilities have been recently upgraded on Ediz Hook, this last phase of utility upgrades, future additional utility upgrades are not anticipated. 3. A Determination of Non -Significance was issued by the City of Port Angeles SEPA Responsible Official for the proposal on March 14, 2001 280 4. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Planning Commission Minutes March 28, 2001 Page 13 Ordinance and critical areas ordinances have been reviewed with respect to this application. 5. The site is designated Open Space in the City's Comprehensive Plan, Public Buildings and Parks and Commercial, Arterial in the City's Zoning Ordinance, and Urban -Harbor in the City's Shoreline Master Program. 6. Chapter 5 of the City's Shoreline Master Program indicates utilities are permitted uses in the U -H designation, however, Chapter 6, I, Regulation 4, specifies non -water dependent utilities including electrical lines require a shoreline conditional use permit. 7. The following adopted City policies are most relevant to the proposed project: Comprehensive Plan Land Use Element Policies A-2, and Utilities and Public Services Element Policies A-1, D-1, D-; the City's Shoreline Master Program's Urban -Harbor designation and Chapter 4, Policies B-1 and 2, D-1, E-2, H, 1-4, J-2, M-1 and 2, and N-2, Chapter 5, Policies D-1 and 2, and Chapter 6, Policies I-1, and Chapter 8(0)(2), all associated regulations. 8. The City's waterfront trail runs east and west along the length of the project. Conclusions: Based on the information provided in the March 28, 2001 Staff Report for SMA 01-03 including all of its attachments, comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: A. The proposed project as conditioned, is consistent with the City Comprehensive Plan Shoreline Master Program. B. The project will not be detrimental to the shoreline. C. As conditioned, the proposed project will enhance the shoreline environment along Ediz Hook. D. As conditioned, the proposal meets the criteria for a conditional use permit E. As conditioned, the proposed project will not interfere with public use of lands or waters. Commissioner Craver seconded the motion which passed 6 - 0. ! COMMUNICATIONS FROM THE PUBLIC None. 281 Planning Commission Minutes March 28, 2001 Page 14 STAFF REPORTS Sue Roberds reported that the City had received the Hydraulic Project Approval (HPA) necessary to continue with the Valley Creek Estuary Bridge Shoreline Substantial Development Permit approved by the City in 2000. She encouraged the Planning Commissioners to be sure to attend the Board and Commissions recognition ceremony to be held at the City Council's regular April 3' meeting, 6 p.m. REPORTS OF COMMISSION MEMBERS Commissioner Norton noted that three commissioners had attended the recently held planning short course in Sequim which was very interesting. He thanked Planner Barnes for her organization efforts for the session. Commissioner Doty noted that although he had recently been appointeg to the Commission, he regretfully would need to resign effective following the April meetin as he has accepted an employment position in Olympia, Washington. �� ti N� p Commissioner Hewins thanked Sue Roberds for assistance with the Telecommunications Wireless Ordinance development. ADJOURNMENT The meeting adjourned at 9:20 p.m. Brad Collins, Secretary PREPARED BY: S. Roberds 282 Chuck Schramm, Vice Chair • • • Parks, Recreation 8t Beautification Commission March 22, 2001 Minutes I. Call To Order: The March 22, 2001 meeting of the Parks, Recreation 8t Beautification Commission was called to order at 7:08 p.m in the Vern Burton Community Center meeting room by David Morris, co-chairman. II. Roll Call: Members Present: Pat Deja, Matt Kirsch, David Morris, Leslie Perrizo, and Chuck Whidden. Members Absent: Diana Tschimperle Staff Present: Marc Connelly and Mari Bilsborrow Ill. Park Board Vacancy Interviews: Damaris Rodriguez and Mary Ann Schroeder were interviewed by Commission members for two current commission vacancies. 1V. Legislation: a. Park Board Vacancy Recommendation Following discussion, Matt Kirsch motioned to recommend to City Council the appointment of Damaris Rodrigues to the Parks, Recreation a Beautification Commission. Upon call for the question, Pat Deja seconded the motion which carried unanimously. V. Approval of Minutes and Audio Tape Disposition for February 15 2001: Leslie Perrizo moved to approve the minutes as presented and dispose of the tapes in the usual manner. Matt Kirsch seconded the motion which carried unanimously. V. Items from Audience not on Agenda: None VI. Monthly Update: Staff updated Park Board on the following issues — The Chamber of Commerce is planning to bring an acrobatic circus to town for 3 days in August. Civic Field is the venue of choice. Parks 81 Recreation will be co -hosting the first annual Kayak Symposium to be held on April 7 818 at City Pier. ia The Estuary Project should be completed in Fall of 2001. 283 Park Board March 22, 2001 2 The Francis Street Property will be going out to bid soon. The Flag Plaza and planting around the north edge of parking lot will not be included in the bid documents. Staff reviewed property and maintenance issues regarding the Waterfront Trail from the Rayonier site to Morse Creek. Staff reported that recruitment has begun for the Recreation Services Manager position. VII. Finance Voucher listings were reviewed and discussed. VIII. Legislation: b. Marine Life Center Contract: In 2000, the City Council authorized the Director of Parks at Recreation to sign an agreement with Peninsula College for the summer operation of Arthur Feiro Marine Life Center. The operations of the Marine Life Center are managed through the administration of an annual operating agreement between the City and its selected operator are subject to the approval of the City Council. Funding for the contract is part of the approved 2001 budget. Staff is recommending that the Parks, Recreation and Beautification Commission review the agreement with Peninsula College for operation of Arthur Feiro Marine Life Center and recommend its approval to the City Council. The 2001 general fund budget includes $ 50,000 to be utilized for recreation education and interpretive programming, building repair and maintenance, and minor capital improvements. Dr. Rob Erdman will continue his duties as the Marine Life Center Director. Repair and maintenance improvements are related to repairs to the interior and exterior walls in the pump room. Capital improvements are for tanks and other exhibits. Leslie Perrizo felt it may be optimal to have the lab open later in the evening to accommodate tourists waiting for the ferry. Chuck Whidden motioned to accept the Marine Life Center contract as presented. Matt Kirsch seconded the motion which carried unanimously. a0 2 "WOVA Park Board March 22, 2001 3 C. Election of Officers: In accordance with the Port Angeles Municipal Code section 2.32.030, the Park Commission shall elect its own chairman and vice-chairman from among its members. With the expiration of former Park Board Chair, Pat McDonagh's term, staff is recommending the election of new officers. Pat Deja motioned to elect David Morris to the position of Chairman. Chuck Whidden seconded the motion which carried unanimously. Matt Kirsch moved to elect Matt Kirsch to the position of vice-chairman. Leslie Perrizo seconded the motion which carried unanimously. Effect IX. Park Board Late Items: Leslie Perrizo read her letter of resignation from the Park Commission affective March 31, 2001. Leslie and her family will be relocating outside the city limits. Discussion regarding the recruitment of a replacement Park Board member, and student members ensued. X. Adiournment: Meeting adjourned at 9:00 pm. Next meeting will be held on April 19th, 2001. 0 •r, a NORTAINGELES WASH I N GTO N, U.S.A. CITY COUNCIL MEMO DATE: April 17, 2001 To: FROM: SUBJECT: Mayor Doyle and City Council Members Sue Roberds, Planning Specialist Department of Community Development Planning Division Monthly Report - March, 2001 CURRENT PLANNING APPLICATIONS: Bed and Breakfast Permit 0 Boundary Line Adjustments 0 Conditional Use Permits 0 Environmentally Sens. Areas 3 Home Occupation Permit 0 Minor Deviations 0 Municipal Code Amendment 0 Parking Variance 0 Retail Stand Permit 1 Rezone 0 Shoreline Substantial Development Permits 1 Shoreline Exemptions 0 Short Plat 0 Street Vacation 0 Subdivisions 0 Variance 1 Wetland Permits 0 Code Enforcement 0 SEPA ENVIRONMENTAL POLICY: Determinations of NonSignificance 8 Determinations of Significance 0 Mitigated Determinations of NonSignificance 0 DEVELOPMENT REVIEW APPLICATIONS: Building Permits 2 Clearing and Grading Permits 0 CATEGORY JAN. FEB. MAR. APR. MAY JUNE JULY AUG.OV. NOV. RESIDENTIAL -NEW MODULAR / MOBILE 1 1 ................................................................................................................................................................................................................................ Value $57,142 3,000 SINGLE FAMILY1 1 4 ........................................................................................................................................................................................................................................................................................................................................ Value $94,000 $98,255 $483,596 r +i t.rrtxr.i;:wi.' MULTI-FAMILY.......................................................................... ...................................................................... ........................................................................ .............................................. ....................... Value 5 ACCESSORIES2 ................. ................. .................. ................. ..................... ................... .................. ................... ................... .............................................................................................................................. Value $19,200 $34,750 COMMERCIAL -NEW RETAIL ...... ...... ..... ................... rre�Hwy+ 1H , r.w Value . Nxpv HOTEL/MOTEL .............................................................................................................................................................................. ........................................................................................... Value a max, /1� e�vrrWw�wrr!, OFFICE 1 ................................................................................................................................................................................................................................................................................................... Value $200,000 v< £ DRINKING/DINING ............................................................................................................................................................................................................................................................................................................................................... Valued , AUTO/SERVICE .................................................. ....................... ........................ ........................... ......................... ........................ ......................... ..... ....... ............. HWS writ' a:wwaww r Value INDUSTRIAL .......................... ....................... ..................................................................... ....................... ............................................................................................ ............................... ................................................... Value s PUBLIC - NEW SCHOOLS/HOSPITALS ............... ................. ................................................. .............................................. ......................................................................iW ........................................................................................................................... i'p14i'�W'Y i}'NH .iHiktEi P re{ Valua H+ �iM .......................................................................................................................................................................................................................................................................................................... caW» .CHURCHES Value RECREATION ................... .................. ......................................... r a ... ............... ................. ................. ................. .................. ................. ..................... ..................... ................. Value �s„ 1 I 3 REPAIR & ALT. 27 20 .43................................................................................................................................................................................................................................... 1 I. yr z ice`. ........................ .RESIDENTIAL Vs lue $ ... 12 .. 9 ... , I 90 $ 19,26............................8. $1 $204,883 COMMERCIAL 11 10 10 ............................................................................................................................................................................................................................................................. Value $30,025 $126,777 $184,200 1 , PUBLIC2 1 .......................... .................................................. ........................................................................................................................................................................................................................................... Value $1,160,500 $1,000 DEMOLITION I MOVE2 3 ................................ Value .............................. ................................................................................................................................................................................... .................. $1,000 .............................................................. $1,500 R P ITS R / W CONSTR. 8 3 9' ................................................................................................................................................................................................................................................................................................................................................... Revenue $745 $285 $680 NEW WATER SERV. 8 1 8 µ . ................................................................................................................................................................................................................................................................................................................................... Revenue $5,680 $1,750 $5,535 NEW SEWER SERV. 1010 ................................... .................. ............................................................................................................................................................................................................................................................................................ Revenue $3,540 $3,825 v - y h - v . w r rrllrpff AWj PARKS & RECREATION REVENUE March 2001 Ocean View Cemetery $10,910.50 $9,820.73 $23,186.45 $29,364.63 William Shore Memorial Pool $11,309.79 $11,429.83 $38.501.56 $37,198.56 Vern Burton Community Center $3,004.00 $841.00 $4,271.00 $3,776.00 Senior Services Center - Rentals $991.50 $2,981.00 $2,045.00 $2,981.00 Senior Services Center - Kitchen Fees $40.00 $0.00 $170.00 $0.00 Senior Services Center - Leases $550.00 $1,000.00 $1,650.00 $3,000.00 Banner $820.00 $360.00 $1,705.00 $1,165.00 Lincoln Park Camping Fees $0.00 $0.00 $0.00 $0.00 City Pier Moorage Fees $0.00 $0.00 $0.00 $0.00 General Fund Revenue Total $27,625.70 $26,432.56 $71,529.01 $77,485.19 Long house/Clubhouse $570.00 $630.00 $1,695.00 $1,862.50 Lincoln Park Camping Fees $0.00 $0.00 $0.00 $0.00 Improvement Fund Total $570.00 $630.00 $1,695.00 $1,862.50 Vern Burton Kitchen Fees $305.00 $287.50 $420.00 $642.50 Co-Rec Volleyball $0.00 $0.00 $360.00 $290.00 Volleyball Tourney Fund $0.00 $0.00 $0.00 $0.00 Slowpitch $0.00 $0.00 $0.00 $0.00 Slowpitch Tourney Fund $0.00 $0.00 $0.00 $0.00 Mens Basketball $0.00 $155.00 $2,160.00 $745.00 Basketball Tourney Fund $103.00 $158.00 $380.50 $436.50 Youth Programs $2,580.00 $3,046.96 $8,564.50 $9,346.38 Adult Programs $643.50 $289.00 $1,183.50 $523.70 Adult Soccer $2,060.00 $2,311.00 $2,120.00 $2,311.00 Recreation Activities Fund Total $5,691.50 $6,247.46 $15,188.50 $14,295.08 10 • • • 291 PORT ANGELES SENIOR CENTER MONTHLY ACTIVITY REPORT March 2001 Information & Referral 1,856 2,006 5,338 5,380 Estimated Attendance 5,624 5,204 17,049 15,868 Health Programs 738 739 1,338 2,182 Education Programs 854 717 1,738 2,183 Social/Events/Programs/Meals 1,884 1,838 3,140 5,168 Trips: Taken 3 6 6 15 Passengers 22 61 68 176 Volunteers: 163 159 Hours 1,536 1,401 4,408 4,413 Membership: 72 80 1,379 1,330 City 44 40 927 892 County 28 40 452 438 • 291 SENIOR COMMUNITY CENTER EVENTS - Users March 1 & 8 Ripley Estate Planning March 8 Peninsula College Foundation - Meet the Candidates for President Forum Mac r h 17 Clallam Count Democratic Club y March 21 Rotary Luncheon March 24 PFLAG Gathering March 28 Estate Planning March 28,29,30 International Friendship Exchange Student Group SENIOR CENTER REGULAR USERS .Senior Nutrition Board Senior Providers .Soroptimists Jet Set CCWAB . .Square Dance Council Crime Stoppers .NARFE Board Venture Club .Eckankar Virginia Mason .Parks & Recreation Department Rhody Society SENIOR CENTER SPONSORED - SPECIAL EVENTS/PROGRAMS March 2 Welcome Marc Connelly & Computer Lab Open House March 6 Dry Floral Design Class @ Fil By -Golly March 6, 13 Costco Wholesale Information III March 8 New Technologies for Treatment of Hearing Loss Pacific Northwest Cruise Update Dungeness Traditional Jazz Band Performance March 12 New 2001 Arthritis Drug Guide March 13 Low Vision Aids March 22 Hypertufa Class at the Barn's Door 292 • • • • March 2001 SENIOR CENTER SPONSORED - REGULAR PROGRAMS .Stretch Class/Weight Training .Blood Pressure Checks .Chair Massage .Alzheimers Support Group .Hearing Aid Tests/Repairs .Yoga .Tai Chi .Isolated Stretching Class Health .Amputee Support Group .Chair Exercise (3x wk) .Low Vision Support .Self Help for Hard of Hearing .Foot Care (4x month) .Exercise Class .Arthritis Support Group Education Italian Language Class .Defensive Driving Class Investment Club Spanish Conversation .Infinite Variety of Music .Round Table on Politics .Chinese Language & Culture .Creative Writing .Geography of Canada .Introduction to Computers .Paint on Own .Golden Agers .Senior Swingers Dance .Senior Singers .Olympic Peninsula Chess c Pool Bridge Cribbage Pinochle Lessons Social/Recreational .Investment Class .Spring Chicken Band .Water Color .Oil Painting .Russian Language & Culture .Family History 101 .Tap Dance Classes .Tax Assistance .Swedish Huck Weaving .Computer Labs .Coffee Lounge .P R Committee .At the Movies (weekly) .Bingo (3x week) .Calligraphy .Pinochle (3x week) .Pickle Ball (3x week) .Crafts .Pickle Ball Lessons 293 VERN BURTON COMMUNITY CENTER March 2 Robert Lundahl & Associations Movie Screening (500) March 8 Defenders of Wildlife Public meeting (35) March 10 Symphony Auction (230) March 17 Kiwanis Kid's Fest (1,200) March 21 Soroptimists Jet Set Health Fair (200) March 25 AIDS Quilt Display (150) March 26 Private Memorial Service (400) March 27-28 Port Angeles Police Training (100) March 29 International Friendship Exchange Program (40) VBMCC - GYM USERS Noon Open Gym (230) Parks & Rec After School Program (225) Gym Walkers (10) Family Center Toddlers (36) Olympic Christian School (135) VERN BURTON MEETING ROOM EVENTS: March 6 Olympic National Park (30) March 7 Clallam County Food Handlers (30) March 9 Clallam County Salmon Recovery Meeting (20) March 10 Puget Sound Electrical Training (30) March 12 State of Washington Department of Personnel testing (20) March 13 Junior Babe Ruth Draft (45) March 14 Agency for Substance Abuse Workshop (80) March 16 State of Washington Department of Personnel testing (25) March 20 Developmental Disabilities Workshop (12) March 21 Clallam County Food Handlers Class (30) Round Up Meeting (25) March 27 Clallam County Food Handlers Class (40) March 28 Men's Slow Pitch Coaches Meeting (15) March 29 Women's Slow Pitch Coaches Meeting (12) VBMCC - REGULAR MEETING ROOM USERS: Kiwanis - Juan de Fuca Group (144) Swim Club (10) Transit Union (20) Juan de Fuca Festival (20) Board of Appeals (14) Non -Motorized Meeting (17) Park Board (8) Bike Club (15) WSI Training 24) YMCA (20) Land Trust (15) PenCom (15) COUNCIL CHAMBERS: City Council Meetings (100) DUI Victims Panel (35) Inquiring Mind Series (60) Board of Adjustments (12) City Human Resources Downtown Forward (45) Planning First Church Scientist Lecture (75) Exchange Students (35) Historical Society Lecture (60) Town Meeting/Lynn Kessler (60) o 40 Recreation continued ---- LINCOLN PARK USES March To Date OTHER USES Clubhouse 1 9 Scout Meetings each Wed. evening Longhouse 0 2 Loomis Building 2 5 4-H: 1s' & aro Tuesday each month Scout Meetings: 31 Tuesday each month Other Parks Fly Fishermen Club: 15' Monday each month Lions Park 0 0 Veteran's Park 1 1 RECREATION DIVISION PROGRAMS: Square Dance Lessons each Monday at the Senior Center - 25 participants Country Western Dance Classes - 40 participants Line Dance Classes -An average of 20 participants After School Program at Franklin & Jefferson Elementary Schools -62 children enrolled PARKS & RECREATION SPECIAL EVENTS: March 10-11 Spring Hoopfest 27 Teams; 23 out-of-town March 19 Men & Womens' Slowpitch registration began. 8 Men's Teams & 8 Women's Teams UP -COMING RECREATION April 8 Co-ed Soccer Begins April 7-8 April Fool's Extravaganza April 2-6 Spring Break Youth Program April 2 Summer Park Program Registration begins April 21 Lincoln Park Pond Fishing Derby April 21 William Shore Memorial Pool - April Pool's Day May 26-27 Mitch Glazier (MGM) Softball Tournament June 16-17 Summer Solstice Tuneup 1 WEEKLY ELEMENTARY & MIDDLE SCHOOL GYM and FIELD SCHEDULING FOR: AAU YMCA CITY PIER EVENTS: Nab. or UP -COMING PIER EVENTS: fb, IN April 7-8 Kayak Symposium 295 William Shore Memorial Pool Monthly Activity Report March 2001 i lill pi 1: RECREATION --- Children 1,184 955 3,044 2,684 Adult 2,130 2,214 6,224 6,176 Middle School Nite/Kid's Day 11/38 3/16 67/94 31/74 Pool Parties/Participants 17/175 14/198 57/605 47/744 INSTRUCTION --- Children 1,203 1,186 2,592 2,658 Adults 0 0 0 0 Parent/Child Orientation 0 0 0 0 Pre -School 388 566 782 1,274 Water Exercise 702 855 1,969 2,259 School District 505 680 2,056 2,336 Pool Rentals/Classes 522 778 1,783 2,413 Instruction Totals 3,320 4,065 9,182 10,940 POOL OPERATIONS --- Days Open 31 31 89 90 Hours Open 410.75 405.25 1,222.00 1,218.75 REVENUE --- Rental: Suits, towels, caps $267.98 $89.42 $835.42 $198.28 Admissions $2,677.71 $2,523.74 $7,315.63 $7,122.48 Lessons $2,986.04 $3,286.10 $13,870.54 $13,618.55 Aerobics $1,578.00 $1,410.50 $4,616.86 $3,577.00 Passes $2,033.78 $42,544.13 $7,162.26 $8,643.53 Showers $22.21 $21.76 $49.53 $40.73 Lockers $203.85 $139.00 $497.10 $444.25 Pool Rentals $1,044.52 $931.43 $2,678.25 $2,119.23 Sales Tax $495.70 $483.75 $1,475.97 $1,434.51 BOOM=:9 SEE11 U0 • William Shore Pool Activities March 2001 • ADMINISTRATION *Conducted monthly in-service training class for pool staff • 4 *American Red Cross Water Safety Class began February 19'x' and will end on March 29tH *Port Angeles Dive Club and Swim Club will be sharing pool time from 5:30 - 7:00 pm on Monday, Wednesday & Friday. INSTRUCTIONAL Exercise classes for September: Water Aerobics AM classes * Water Aerobics PM classes Deep Water AM classes �t Deep Water PM classes Water Walking AM classes Swim Lessons Schedule: * Feb. 26 - Mar. 30 �k Feb. 27 - Mar. 29 * On-going CLUBS AND ORGANIZATIONS Mon - Fri Mon - Fri Mon & Fri O Tu & Thur Mon, Wed, Fri.() Grade -school Pre-school o O Private lessons n Port Angeles Swim Club �k 5:30 - 7:00 pm Monday - Friday * 5:30 - 7:00 pm Monday, Wednesday & Friday Port Angeles School District �k 7:45 - 8:15 am PE Classes * 9:05 - 9:35 am PE Classes �k 1:00 - 1:30 pm Special Education Classes United States Coast Guard 9:00 - 10:00 am Rescue Swimmer Training RECREATIONAL SWIMMING March 31 Kid's Day March 31 = Middle School Night • Mon, Tue, Thur, Fri Wed Mon - Fri Tues & Thurs 38 Participants 11 Participants 297 2 5 2 9 � THIS MONTH 3 THIS MONTH LAST YEAR LAST YEAR TO DATE $1,157.50 $5,407.12 $288.82 i .Rln $ 10,910.50 $ 9,820.73 $ 7 7,590.23 $ 11,622.17 2 5 2 9 r� C, 0 i WREN $;�'�✓-_,��� THIS MONTH THIS YEAR TO DATE THIS MONTH LAST YEAR LAST YEAR TO DATE $1,157.50 $5,407.12 $288.82 $7,126.82 .Rln Ground Burials 7 9 6 7 Ground Burial Inurnments 3 5 4 7 Niche Inurnments 5 1 1 6 Entombments 1 0 0 0 Year to Date Totals 16 15 11 20 r� C, 0 i WREN $;�'�✓-_,��� THIS MONTH THIS YEAR TO DATE THIS MONTH LAST YEAR LAST YEAR TO DATE $1,157.50 $5,407.12 $288.82 $7,126.82 r� C, 0 Parks & Cemetery Monthly Division Report March 2001 Accomplishments Turf Management Mowing and trimming ALL locations ................................................. 207.5 hours �"♦ Turf renovation/Repairs............................................................ 48.5 hours n"► Equipment "Winter"repairs and maintenance ........................................... 131.0 hours IITotal Hours Previous Year: 258.0 Total Hours Current Year: 387.0 II Beautification °tl1► Downtown planter maintenance(cleanup water etc.) ....................................... 57.0 hours ���► Maintenance of planted areas.......................................................... 6.0 hours °■► Greenhouse, plant maintenance....................................................... 22.5 hours Tree well cleaning and maintenance.................................................... 1.0 hours 11 Total Hours Previous Year: 110.0 Total Hours Current Year: 86.5 II Amenities N■► Pier general maintenance............................................................. 3.0 hours ��M► Floats; removed for winter............................................................ 4.0 hours ���► Washroom servicing, cleaning and general maintenance .................................... 85.0 hours Park sign maintenance................................................................ 7.0 hours Play equipment maintenance.......................................................... 33.5 hours �"�► Other: Fences, Pier Octopus planting, ponds and fountain ................................ 0.0 hours 11 Total Hours Previous Year: 185.5 Total Hours Current Year: 132.0 299 Sports Facilities Field Makeup and Maintenance '�"�► Baseball and softball including; Civic, Lincoln, Volunteer, Dry Creek, Shane and Elks fields................................................................... 224.5 hours Soccerfields...................................................................... 38.0 hours Footballfield....................................................................... 0.0 hours Tennis............................................................................ 0.5 hours Field lighting repairs................................................................. 0.0 hours 11 Total Hours Previous Year: 535.0 Total Hours Current Year: 263.0 Waterfront Trail III* Bench and memorial installations/maintenance......................................... 63.0 hours Total Hours Previous Year: 20.0 Total Hours Current Year: 63.0 Building Maintenance General Maintenance and Repairs William Shore Pool .............................................................. 57.0 hours '�"�► Vern Burton Community Center .................................................. 115.0 hours ""► City Hall and Police Dept ....................................................... 203.5 hours ...y Senior Center............................................................... 110.0 hours 11 Total Hours Previous Year: 490.0 Total Hours Current Year: 485.5 Civic Complex City Hall mowing, atrium and planted areas 111* Atrium; tree and flower bed maintenance ............................................... 10.0 hours I II Total Hours Previous Year: 6.0 Total Hours Current Year: 10.01 • 300 0 Parks General Maintenance 1141► Litter pickup from various park locations 89.5 hours Park improvements .................... 32.0 hours ""'► Building maintenance; ...................... .................................. 87.5 hours 10; Forest Management; Removing tree limbs and other debris from various parks ............... 164.5 hours Total Hours Previous Year: 329.5 Total Hours Current Year: 373.5 Special Events 11'�►.................................................................................. 0.0 hours II» Total Hours Previous Year: 0.0 Total Hours Current Year: 0.011 Campground Closed for season........................................................... 0.0 hours II Total Hours Previous Year: 0.0 Cemetery Total Hours Current Year: 0.0 10* Ground burial interments............................................................ 35.5 hours Cremation interments................................................................ 9.5 hours Crypt entombment .............................................. ................ 0.0 hours Niche inurnments.................................................................. 0.0 hours 'Ow Memorial marker settings............................................................ 12.5 hours Mowing and trimming.............................................................. 15.5 hours 10; Building/Chapel cleaning and maintenance .............................................. 57.5 hours 1'0♦ Grave site refilling/regrading.......................................................... 3.0 hours Customer Service.................................................................. 3.5 hours Total Hours Previous Year: 163.5 Total Hours Current Year: 137.0 • 301 Parks Administration m0, Daily supervision, crew training and safety meetings ..................................... 226.0 hours Total Hours Previous Year: 195.0 Total Hours Current Year: 226 AL Sub Total Hrs Previous Year: 29292.5 Sub Total Hrs Current Year: 2,164.5 NON Productive Hrs previous year: 472.0 NON Productive Hrs Current Year: 90.0 (Illnesses, doctor/dental, vacations) I (Illnesses, doctor/dental, vacations) Total Parks & Cemetery Division Hours: Previous Year: 2,764.5 Current Year: 2,254.5 Total Monthly Maintenance Hours March 2001 302 • • #I Turf Management 387.5 hrs. #2 Beautification 85.5 hrs . #3 Amenities 132 hrs. . #4 Sports Facilities 263 hrs. #5 Waterfront Trail 63 hrs. ® #6 Building Maintenance 485.5 hrs. #7 Civic Complex 10 hrs. #8 Parks General Maintenance 373.5 hrs. #9 Special Events 0 hrs. #10 Campground 0 hrs. #11 Cemetery 137 hrs. #12 Parks Administration 226 hrs. w. # 13 Time Loss 90 hrs. 302 • • °fP° T""° CITY OF PORT ANGELES °� PUBLIC WORKS & UTILITY DEPARTMENT MONTHLY REPORT MARCH 2001 AVERAGE DAILY WATER DEMAND LAST YEAR TO DATE (MG) 2.675 THIS YEAR TO DATE (MG) 2.62 SEWER/STORM SYSTEM MAINTENANCE MONTH (FT) I Y. SEWER SYSTEM JETTED 1,692 34,781 STORM DRAINS JETTED0 180 SYSTEM TV INSPECTED 8081 1,123 TOTAL LANDFILL DISPOSAL TOTAL WY TANS S1e"ee.a"� .1 OF SEOUHA LO. RES. )NUL CO. COM. HAUL e,e WWAWAA O MJOLYMPIO gSPOSPI LANDFILL ANNUAL TONS THIS YR TO DATE (TONS) l k: LAST YR TO DATE (TONS) 10,249 MOREPTOt WK4-011)2001 RAINFALi_ ❑ATA 10 YR AVG. TOTAL TO DATE 9.33 THIS YR TO DATE (IN) 5.59 RECORD HIGH THIS MONTH 5.75 RECORD LOW THIS MONTH 0.27 ■iii■■■■■■mom ■ 1 1 1■■■■■■■■� 303 PUBLIC WORKS & UTILITY DEPARTMENT MONTHLY REPORT MARCH 2001 ------ WATER - ----� * Extended 2" PVC water main with blow off ' Installed two 1" new water services Installed one 2" new water service ' Replaced 3 fire hydrants * Relocated three 1" water services Repaired two 2" cast iron water mains Changed out 2 inoperable water meters * Repaired air vent lid to vault on the Industrial Water Line Training/Workshops attended: Alternative Disinfection, Motivating Employees and Construction Site Erosion Control WASTEWATER COLLECTION ' Repair sewer main north of Marine Drive ' Continued sampling on Peabody Creek * Training: Pesticide school ' Training: Motivation Training and Erosion Control Schools WASTEWATER TREATMENT Conducted a workshop for landowners in the biosolids program Attended PNPCA operators meeting ' Staff attended Water Environment School Light Ops installed new temperature controllers on the digesters and new sonic transmitters on the influent flow meter flume EQUIPMENT SERVICES ' Work Orders: 174 ' Service Orders: 29 #4 Ladder truck inspection ' #155, #162 Manlift trucks, inspection and repair * #1562 Broom Sweeper, hydraulic repairs ' #1580 Air Sweeper, hydraulic leak #1601 50kw Generator, replace water pump ' #1756 Backhoe, transmission overhaul ' #1907, #1911 Packer trucks, grab arms, brakes, hydraulics repairs ' #1915 Compactor, fuel tank and brake lines ' #1917 Cat, cutting edge and rear brakes LIGHT OPERATIONS Completed replacing poles in Grid 20 Completed removal of unused transmission lines Identified and marked 100 poles for replacement Completed tree removal and trimming for Daishowa 3.04- SOLID WASTE RECYCLING: Presentation to the Kiwanis Club Showed 90 -Gallon Conversion Video on Channel 21 Recycle booth at the "Taste of Home" Met with Parametrix re: long-range plans for the Landfill COLLECTIONS: Placed 98 90 -gallon containers in March, conversion total: 989 STREET ' Repair guardrail at Tumwater Bridge & Marine Drive ' Concrete restoration, various locations ' Assist Solid Waste with new containers ' Repair guardrail ends at Park Street dip ' Right of way clearing, various locations ' Installed plastics, downtown core ' Install culvert at 18th & Butler ' Install ecology blocks at Landfill for biosolids storage " Install designated parking for Coast Guard ' Training: Training Academy Motivation Class Erosion Control School MUTCD tele -conference Weed Abatement School CDL Drug Testing Class * General Safety Meeting regarding Ergonomics ENGINEERING & PERMITS ' Francis Street Park design support ' Southwood - landlocked facilities construction advertised ' Airport Road Realignment project out to bid ' 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 design support ' Distribution System rebuild construction awarded ' Rayonier to Lee's Creek Waterfront Trail design support ' 5th & Race Signal Grant design ' "I" Street Substation transformer station design awarded ' Ennis Street slide repair design ' Front Street sidewalk design ' Ediz Hook OH -UG conversion design support ' Substations LTC Filter purchase awarded ' _Attended RTPO meeting ' Stormwater GAP analysis support ' Lincoln Street stormwater design support ' Crown Park design support Black Diamond reservoir cover design support ' Carnegie Library value engineering and design support • • • THE CITY OF ZEIIV,,.�- MIM \\§ 1»-PTt= V --iv 305 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. Note: Because Corporal Jack Lowell was out of town for training when February's monthly report was due, information from February is included in this report for the month of March. Patrol officers responded to investigate the report of a recklessly driven vehicle that had lost control, almost struck a bus, departed the street, drove across a lawn and struck a tree. After stopping briefly, the driver drove away from the scene of the accident. Arriving officers and witnesses were able to follow a trail of mud and lawn debris down the street for several blocks until they located the vehicle with its mud dripping fenders and an intoxicated 21 -year old female. Al2-year old male student armed himself with a knife prior to entering a school bus and confronting another student. After the armed juvenile made verbal threats to harm the other student, a scuffle ensued over control of the knife. The bus driver was able to intervene before there were any injuries.. Officers responded and the 12 -year old student was taken into custody for Assault in the Second Degree. A distraught 34 -year old Puyallup man jumped off the tower at the City Pier. He struck the pier railing on his way down and received minor injuries. He was rescued from the water by fire department personnel and transported to 306 Olympic Medical Center for treatment and evaluation by a mental health professional. The male had consumed alcohol prior to his leap. • Patrol officers stopped a vehicle and arrested the driver, a 27 -year old female, on an outstanding arrest warrant out of Bonney Lake. Also in the car was a 23 -year old male, who was discovered to be in possession of syringes and a bindle of methamphetamine. A search of the vehicle turned up an assault rifle, two 30 -round magazines and a 50 -round drum magazine for the rifle. The investigation revealed that the male was a convicted felon. He was incarcerated for the drug possession and being a felon in possession of a firearm. • At 5 o'.clock in the morning one Sunday, officers observed a stolen pickup truck parked in the Lincoln Street Safeway. A 23 -year old male driver and a 23 -year old female passenger were taken into custody for the theft of the truck. Both were given a short ride to the corrections facility. • While driving to work in the afternoon, Corporal Peninger observed a recently convicted burglar, who had been released pending sentencing. About 30 minutes later the police department received a report of a burglary in progress in the same area. Officers responded and learned that the homeowner, a 61 -year old male, had • • • • • E armed himself with an unloaded shotgun before confronting the burglar. The burglar rushed the homeowner, who struck the burglar with both the barrel and butt of the shotgun. After being momentarily stunned the burglar was eventually able to escape from the homeowner. Four days later Officer Ensor located the burglar sitting in a vehicle parked illegally in a handicapped zone. At the time of his arrest, he still was sporting fresh wounds on his face and found to be in possession of several stolen credit cards and a checkbook that had been taken in a series of vehicle prowls. He was returned to the corrections facility to await the filing of additional charges Detectives Mike Hall and Jesse Winfield responded to the Olympic National Park Visitor Center to investigate the report of a suspicious vehicle. They located the vehicle in the parking lot. When they approached the vehicle they discovered a 46 -year old male and a 42 -year old male in theprocess of injecting heroin. The men were incarcerated on . the drug violation and the case was turned over to federal authorities for prosecution. After arresting a 33 -year old male on a Clallam County District Court Warrant officer Bob Ensor located a bindle of methamphetamine. His investigation led to the arrest of the male, a 37 -year old female and another 48 -year old female for Possession of Methamphetamine with the intent to deliver. Officer Bob Ensor observed a vehicle with two occupants drive into the Port Angeles Plaza. As he drove by the vehicle he saw a wanted subject sitting in the passenger seat of the car. He 2 called for backup units and they took the man into custody on four outstanding arrest warrants. A search of the vehicle turned up a drug kit with drug pharaphernalia and many syringes secreted about the interior of the car. The driver was found to have a suspended driver's license and was taken into custody. He was searched and methamphetamine was located on him. A later search of the driver's apartment was conducted. A small amount of marijuana and several small marijuana plants were located. Both men were incarcerated in the corrections facility. • On March 29`h Sergeant Steve McLane retired from the police department after 24 years of service. Steve looks forward to more time for hunting and fishing. Corporal Steve Coyle was promoted to the rank of sergeant. A promotional test will be administered in April for the vacated corporal position. Sergeant Steve McLane receiving his retirement plaque before his departure to the happy fishing and hunting grounds. 307 Course Hours 11 Diversity 4 nance Evaluations 4.5 nance Planning 4 Liability _, WCIA 4 :AD Refresher 128 'ultural Diversity 64 )omestic Violence 60 CS / Haz Mat 48 'erformance Evaluations 1.5 ' eration Wive Shooter 32 )efensive Tactics 22.5 M26 Advanced Taser 22.5 Medicolegal Death Investigation 240 Mental Prep. /Armed Confrontations 8 Motivation –Leadership Academy 8 'olice Liability—WCIA 4 'ursuit Decision Making 8 teid Interviewing 48 >ig Sauer Transition 2 ✓ideos, miscellaneous 10 VA NAFTO 16 don thly Total 421 near -to -Date Training (hours) 627 So far this year D.A.R.E. Z Officer Glen Roggenbuck I�,AT�•a "" has taught the D.A.R.E. cur- riculum to approximately 1000 elementary students .Glen is really en- joying the opportunity to treach and be a role model to the children of Port Angeles. 3 rN OI m 'c mRS CRIME PREVENTION Detective Jack Lowell Crime Prevention: • Two new Crime Stoppers profiles • Crime Fax Alerts • Safe Kids Coalition Meeting • DUI Task Force Meeting • Mental Health Board • Clallam Responders Program • Presentation to the Clallam Tourism Board on visitor safety • Block Watch meeting Miscellaneous: • Departmental report • Issued in car video cameras. • Updating the Field Training Manual for new police officers. • Peninsula College Advisory Board Meeting • Attended the Medicolegal Death Investiga- tion class. • Reid Interviewing class. Investigations: • Follow up investigations on earlier cases. • 2 Bad check cases • Photo -montages Our Police Department Senior Volunteers provided 261 hours of service during the months of February and March. Most of this was dedicated to office work, vacation house checks, radar/speed watch, animal con- trol and other services. Last year the Senior Volunteers worked 1422 hours. • • • • Law Enforcement Advisory Board Minutes March 14,2001 Attendees: Leland Lee, Chairman Rod Anderson Frank Prince III Jim Jones Dennis Wilcox Chuck Lisk Chief Tom Riepe Liz Zenonian-Waud, Secretary Call to Order: Chairman Leland Lee called the meeting to order at 1835 hours. Minutes: The minutes of the February 14, 2001 were approved as submitted. Communications: There were no communications received. Committee Reports: There were no committee reports. Old Business: There was no old business to discuss. Agenda Items 1. Jim Jones discussed the hit and run accident that occurred in the Port Angeles School District parking lot today and asked about the RCW regarding hit and run accidents. Chief Riepe examined the RCW that applied and will review the incident if needed. 2. The board will be interviewing 3 applicants for the open board position due to resig- nation of Linda Minor. Chairman Leland Lee explained the interview format the board will be using tonight. Each board member will have the opportunity to ask a question of each candidate. The Law Enforcement Advisory Board will forward their recommendation for the open position to Port Angeles City Council who will make the final decision. The 3 candidates are: G. Gary Marler (Gary) C. Joseph Girard (Joe) Daniel J Hart The Law Enforcement Advisory Board unanimously voted to recommend Mr. Joe Girard to the City Council for appointment to the Law Enforcement Advisory Board. 3. The cost of incarcerating City of Port Angeles prisoners in the Clailam County Continued top of page 5 4 309 • Corrections Facility was discussed. Chief Riepe gave an update of the Police Deparment- City of Port Angeles research and status of the proposed jail increase. Adjournment: The board voted to adjourn the meeting at approximately 2038 hours. Respectfully submitted, Liz Zenonian-Waud, Secretary SUMMARY OF POLICE OFFICER OVERTIME HOURS March 2001 (thru 04-01-01) * Range, K-9 Training, DUI Emphasis, Firearms Instruction, Special Events Activity Hours YTD Callback 7 12.5 Canmittees and Meetings 22.25 29.75 Court Time 25 70 DARE, School Resource Officer, School Patrol 9.5 22 Paid Details (outside funding) 42.5 52.5 Holiday 88 339 In Custody Arrests 23 32.5 Investigations/Domestic Violence, Warrants 96.7 125.75 Report Writing 16.5 43 Shift Coverage 155.75 276.75 Training and Travel 110.5 296.25 Twelve Hour Rule 8 8 Miscellaneous* 6.5 9 Total 611.2 1317 Percent of Scheduled Work Hours 15.4% 15.4% *Range, K9Tra mng, DUI Emphasis, Fuean s Instruction, Speaal Everts 5 310 • r� L • 911 Calls D N � N 0 _ < zy c c m O c YTD totals are read on the right scale 30000 —— (n a o CD (n Q ♦ 3 m 28000 C CD Z 0 o (D < 0 m co 3 3 0' Cr CD m Y1Dtafals are read cn the nght scale Police Department Dispatches YTD totals are read on the right scale 30000 —— — 28000 ♦ • 28000 24000 1900- 22000 x7000 18000 17000 16000 14000 12000 10000 8000 1700 A 6000 1600 4000 13000 2000 0 O 0 11000 1 1400 ---I --1 --1 9000 m 0 0 CD ao (D (0 o CD 0 7000 0 311 Police Department Dispatches YTD totals are read on the right scale 2000 —— — 19000 1900- 17000 1800- 15000 1700 A 1600 13000 1500 0 O 11000 O 1400 O 9000 1300 7000 1200 5000 1100 3000 1000 1000 O7 a) C C C (D O O { c 2 _ (D -06 CD 0O O O O 2 o m Q 3 (o (0 0 0 (� N m ((O0 O O - o -` - PD Dispati tm 1998 —E3--- PD Dispatches 1999 —x— PD Dispat&,es 2000 --E'—.-"PD Dispatches 2001 ---0 YTD 1998 --E-YTD 1999 - 0 YTD 2000 -;—YTD 2001 0 311 Calls for Service YTD totals are read on he right scale 4000 2000 1500 1000 500 0 CD rr 'a C C: (n (D -0 0 0 z 0 2 1< (0 CD C (n — (D a Cr < CD CD 0 CD 0 0 w El Cr (D CD 3 3 Cr u �D (D — — (D CO 00 co rj rQ 0 C) C) C) C) QF CFS1999 —X— CFS 2000 r'm !1- S 2001 m2" I Lfl 100-, 80- 60 40 20 0 1312 w W-,� I �, 1200 1000 800 F 600 ,400 - 200 Y0 CU > L- C- (D c 0 z =3 0- 79 C > CD Cn 0 0 2 0 CD -R CD 0 0 0 0 0 w =r CD (D CD 3 3 0- N) 3 C) C:) rr CD a- (0 ) CD C. coD CD — i; Adult Arrests 1998 0 Addt Arrests 1999 0 Adult Arrests 2000 MAdu1t Arrests 2001 El YTD 1998 0 YTD 1999 0 YTD 2000 Ilym2ool HIGHER ARREST STATS ARE DUE TO A CHANGE IN REPORTING REQUIREMENTS 7 0 0 • i 1200 1000 800 F 600 ,400 - 200 Y0 CU > L- C- (D c 0 z =3 0- 79 C > CD Cn 0 0 2 0 CD -R CD 0 0 0 0 0 w =r CD (D CD 3 3 0- N) 3 C) C:) rr CD a- (0 ) CD C. coD CD — i; Adult Arrests 1998 0 Addt Arrests 1999 0 Adult Arrests 2000 MAdu1t Arrests 2001 El YTD 1998 0 YTD 1999 0 YTD 2000 Ilym2ool HIGHER ARREST STATS ARE DUE TO A CHANGE IN REPORTING REQUIREMENTS 7 0 0 • • • 45 40 35 30 25 20 15 10 5 Juvenile Arrests 82 224 PWIA 295 301 D CD N -a N C C C CD O O N C n = K CD �G O '5 o 0 0 0 0 0 N � C CD Q CD `z Q Cr Cr Cfl CD O O W CD Co CO O ❑JLmx ileArrests 1998 XJuuenileArrestS1999 .lwerrleArresLS2000 ■JuverrleAmest2001 ■ YTD 2001 ❑ YTD 1998 ■Y1D1999 DYTD2000 350 300 250 200 150 100 50 0 80 600 70 500 60 � =Accidents 1998 Accidents 1999 50 400 D Accidents 2000 C7 YTD 1998 300 D YTD 1999 YTD 2000 3o 7 f 200 max—Accidents 2001 20 -�— YTD 2001 -� Series6 10 x 100 0 x 0 o C n �°,o' �o,q- lz00�0 8 313 Traffic Violations 1000- 000900 Oinms ..1 900- 800- 800700 i mo 700- i 150- 600- 600500 i 500-- - 1 100- 400- 400300212 300- 212 200- 50- M 1 0-- L Ia14 i% 3!100 0 2 €4I2 mO �v < < g o m T R -n R -n T. T ° Co cn v v z m Cn cC N D n- 'ma m o��(n � U)� o m m O CD —0 W o (n o < mo o� to pro m = NS� o m m CL =r CD H fl_ O a (n 0 < m n CD ® ® •S: n ? o .111 o w .11 •�; �"fl�TD�1998� :� ��YTD 1999 •: l�i'D�,2000 ■YTD�Z001 9 1314 • • �l Oinms ..1 i mo i 150- i 1 100- 50- 1 0-- i% Co 0 CD CD Cn• • • ® ® •S: ■1999,i .111 .11 9 1314 • • �l Ll Part 11 Crimes 160- 0,000•0:0 Animal C r* -d 150- (Mnet m3b) 140- X00 130- 120- 110- fo e00 100- 550 90- 80- 70- ' 45D .0 60- 400 i--1500 50- 350- 40- a 30- i I 250-1 20- a � 10- 200 '!42 0 -- 150 j .D 100 0 • < T, 79 • 500 50 �2 �9 • '8 9 22 0 • 0 Q>>> y 3o�><>> D -i y3 CD 3 m 3 d a 33 3 m :3 3 03 om d cd d 10 315 Animal C r* -d (Mnet m3b) X00 fo e00 - 550 500- 45D 400 i--1500 350- 300- i I 250-1 a � 200 '!42 150 j 100 79 500 50 �2 �9 3 '8 9 22 0 0 Q>>> y 3o�><>> D -i y3 CD 3 m 3 d a 33 3 m :3 3 03 om d cd d v v v CL my v,- m 0 0 (D0 O is O N Z C/)Q O 4 CD O CL c a w CD m ©A"contrd 1999 � Cortd ,. 2000 MAnrrd Contrd 2001 OYrD2000 I3YTD19M, ltY02001 10 315 $50,000 Tickets Tickets Jail Expense 1999 YTD totals are read on the right scale $45,000- 1999 2000 2001 Revenue Revenue $350,000 149 246 ,9$301,671 $2,040.00 $2,225.00 Feb $300,000 $40,000 201 $1,740.00 $2,988.00 Mar 168 291 310 $2,305.00 $266;137 Apr 116 219 $3,451.00 $2,530.00 May 238 167 $262,282 $2,140.00 $35,000 June 0'$236,757 '. 147 $3,776.00 $250,000 July 163 290 $1,945.00 $230,726 Aug $30,000 0'$211,225 $2,720.00 $2,310.00 Sept '$189,925 130 201,622 $200,000 $25,000- 143 , $2,153.00 $1,820.00 Nov $163, 201 $1,605.00 164,522 Dec 156 $20,000 $2,555.00 146, 35 Total $150,000 2586 639 11 • 12 $15,000 $ 9Mi$191,604 $100,000 • $72,3 $10,000 1$56,455 $50,000 $ 5,000 O' $0� $0 � (o c 0 o a m D C D (n 0 'D o O CD CD (D cD (D cD (0 f0 C1 cD cD C ]. (D t0 C .� < A m N 33 3 Cr m 0 m 47 I 316 2001 Revenue $1,094 $1,426 $2,010 $4530 • • • Tickets Tickets Tickets 1999 2000 1999 2000 2001 Revenue Revenue Jan 149 246 128 $2,040.00 $2,225.00 Feb 174 292 201 $1,740.00 $2,988.00 Mar 168 291 310 $2,305.00 $4,611.00 Apr 116 219 $3,451.00 $2,530.00 May 238 167 $2,140.00 $1,885.00 June 133 147 $3,776.00 $1,850.00 July 163 290 $1,945.00 $1,525.00 Aug 225 259 $2,720.00 $2,310.00 Sept 267 130 $2,950.00 $1,830.00 Oct 143 260 $2,153.00 $1,820.00 Nov 233 201 $1,605.00 $1,911.00 Dec 156 84 $2,555.00 $1,552.00 Total 2165 2586 639 11 $29,380.00 $27,037.00 316 2001 Revenue $1,094 $1,426 $2,010 $4530 • • •