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HomeMy WebLinkAboutAgenda Packet 04/20/2010Fqi�ANGELES WAS H I Jig G T 0 N, U.S.A. AGENDA CITY COUNCIL MEETING 321 East.51h Street April 20, 2010 REGULAR MEETING - 6:00 p.m. First AGENDA ITEM RECOMMENDATION Page Note: The Mgvor may determine the order of business for a particular City Council meeting. The agenda should be arranged to best serve the needs and' or convenience of the Council and the. ,public. The items of business jor regular Council meetings may include the following: A. CALL TO ORDER -- REG'U LAR MEETING AT 6:00 p.m. B. ROLL CALL PLEDGE OF ALLEGIANCE CEREMONIAL MATTERS, PROCLAMATIONS & EMPLOYEE RECOGNITIONS 1. Earth Day Proclamation 2. AED Presentation 1 Recognition PUBLIC COMMENT CITY COUNCIL REPORTS B -I 1. Present Proclamation ---- 2. Fire Chief Dan McKeen & Police Deputy Chief Brian Smith D. WORK SESSION 1. Combined Suver Overflow (CSO) Project Update D-1 1. Information Only 2. City Council Meeting Minutes D- 1 2. View Presentation; Conduct Work Session E. LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS or Councilmember as determined by City Manager F. CONSENT AGENDA 1. City Council Meetings Minutes of April 6. 2010 F-1 1. Accept Consent Agenda 2. Expenditure Approval ,List from 3127110 to 4109110 for F-6 $1.397,520.66. 3. College Substation Switch Replacement I Project CL06-2010 F-31 4. Retail Tiered Rate Methodology Study Consultant Agreement F-32 5. Simple Steps, Smart Savings Promotion Services Agreement F-47 6. Nippon Paper Industries USA Co.. Ltd., Cogeneration Project F-59 Memorandum of Intent 7. Small Community Air Services Grant f Re -Appropriate Funds F-63 8. Valley Creek Restoration Phase 3 Design — Grant Agreement F-64 9. Harbor -Works Board of Directors Re -Appointment F-86 9. Medical Program Director Contract F-88 G. ORDINANCES NOT 'REQUI,RING PUBLIC HEARINGS 1. Amendment to Ordinance 33941 Section 5 Lipman -- Stone Street G-1 1. 2"d Reading; Adopt Ordinance. Vacation Petition — STV 09-05 Portion of Vine Street 2. Community Development Fund 104 Closure G-7 2. 2"d Reading; Adopt Ordinance 3. Fagade Improvement Program Amendments G-10 3. l" Reading; Continue to May 4, 2010 NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK, April 20, 20'10 Pork Angeles City Council Meeting Page - 1 H. 'RESOLUTIONS NOT REQUIRING PUBLIC HEARINGS I. OTHER CONSIDERAT'IO,NS J. PUBLIC HEARINGS _ QUASI-JUDICIAL (7:0[1 P.M. or soon thereafter) K. PUBLIC HEARINGS — OTHER (7;00 P.M. or soon thereafter) 1. Industrial Wastewater Pretreatment Program Ordinance L. FINANCE K-1 1. View Presentation; Conduct & Close Public Hearing; Conduct 2"d Reading: Adopt. M. INFORMATION City Manager Reports: L Finance Monthly Newsletter — March 2010 M-'1 2. Planning Commission Minutes for March 24, 2010 M-3 3. Consultant Report — Quarterly Report M-9 4, Public Works & Utilities Department - Quarterly Report M-15 5. Financial Advisor 5, Code Compliance — Quarterly Report M-21 M-22 0 7. Clallam Economic Development Council —Quarterly Report M-23 8. Olympic Regional Clean Air Agency (ORCAA) Reports M-25 N. 'EXECUTIVE SESSION - Under the authority of RCH' 42.3(]. 110(1)() acquisition of real estate; and RCI 42.30.110(1)(i) discuss potential litigation with legal counsel O. ADJOURNMENT - PUBLIC HEARINGS Public hearings are set by the City Council in order to meet legal requirements. In addition, the City Council may set a public hearing in order to receive public input prior to making decisions which impact the citizens Certain matters may be controversial, and the City Council may choose to seek public opinion through the public hearing process. NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK April 20, 2010 Port Angeles City Council Meeting Page - 2 II. PQRTRLGELES CITY COUNCIL SPECIAL/REGULAR W A S H S N G 7 0 N, U. S. A. MEETING CALL TO ORDER - REGULAR MEETING: ROLL CALL: Members Present: Mayor Di Guilio Deputy Mayor Perry Councilmember Collins Councilmember Downie Councilmember Kidd +� Councilmember Mania Councilmember Nelson Staff Present: Manager Myers T Attorney Bloor Clerk Hurd G. Cutler V/ T. Gallagher v D. McKeen N. West Y. Ziomkowski III. PLEDGE GE ALLEGIANCE: April 20.2010 to :nn Led by: • ir�� -- Pk,` &AU'14, GAGR0UPICLERKT0RMS\Council Roll Call.wpd 0 PUBLIC INTEREST SIGN-UP SKEET � C]��.T�NBI,ES W A S H I N G T N, U. 5, A, DATE OF MEETING: Apri120, 2010 You are encouralZed to sign below if: CITY COUNCIL REGULAR MEETING LOCATION: {City Council Chambers 1. You are here to listen to the City Council discussion on a particular agenda item; 2. You want to speak during the Public Comment period of the agenda. If several members of the public are interested in a particular agenda item, the Mayor may move that item so it is discussed earlier in the meeting. Also, the Mayor may use the information provided to organize the Public Comment period. During the Public Comment portion of the meeting, the Mayor will invite citizens to talk with the Council about topics that are not scheduled for public testimony on the evening's agenda. Prior to the start of the "Public Comment" portion of the public hearing, all persons wishing to be heard are asked to sign in with the Clerk, giving their names and addresses, and topic. The Mayor may arrange the order of speakers so that testimony is heard in the most logical groupings. To allow time for the Council to complete its legislative agenda, comments should be limited to no more than 5 minutes per person and a total of 15 minutes for this comment period. At the discretion of the Mayor, these time periods may be lengthened or shortened. Following any public comment, the Mayor may allow time, limited to five minutes, for response from City Council members and/or City staff. No speaker may convey or donate his or her time for speaking to another speaker. If many people wish to speak to a particular issue, the Mayor may limit the total amount of time dedicated to that single issue. Written comments may be submitted into the record of a Council meeting by presenting the written document to the Clerk prior to the meeting, in which case a copy of the document will be provided to each Council Member, but the document will not be read aloud; or a document may be distributed to the City Council, with a copy to the Clerk, by a speaker while the speaker is addressing the Council. G:1Group\C1erklFormslCounci1 Attendance Roster.doc Y J N Ili O i - i� N Y/N YIN PROCLAMATION In Recognition of EARTH DAY - April 22, 2010 WHEREAS, April 22nd of each year has been declared as Earth Day by the President of the United States as an opportunity for all individuals to remember that it is our responsibility to preserve our environment for future generations; and WHEREAS, the City promotes stewardship for the earth through environmentally responsible actions such as the City's Comprehensive Plan aimed at preserving and improving the natural environment and incorporating a broad spectrum of environmental concerns such as WHEREAS, OWHEREAS, stormwater, air pollution, water pollution, waste disposal, and preservation of sensitive areas; and the City continues to incorporate tools for developers that promote smart growth, low impact development, preservation of open space, efficient use of land and the reduction of sprawl as well as playing a role in the development of the Clallam County Built Green program which encourages environmentally responsible construction and development city-wide; and the City works to promote energy conservation, waste reduction, reuse, recycling, composting, and is a strong supporter of public transit and promotes numerous rebates and incentives for individuals and companies that apply energy efficient technology in residential, commercial, and industrial uses; and WHEREAS, the responsibility for preserving the environment is shared by the entire community, the City of Port Angeles acknowledges the efforts of countless individuals, businesses, government agencies and non -profits agencies who work to sustain the productive capacity of our forest, marine, agricultural and atmospheric eco -systems for future generations. NOW, THEREFORE, I, Daniel A. Di Guilio, Mayor, ON BEHALF OF THE CITY COUNCIL OF PORT ANGELES, do hereby proclaim April 22, 201 D, as Earth Day in the City of Port Angeles, and invite all citizens to participate in this important effort by developing and carrying out imaginative projects which will serve to enhance, restore, and maintain the beauty and environmental well-being of all neighborhoods in our community. :. 1 iel A. Di Guilio, Mayor PROCLAMATION In Recognition of Olympic Medical Center Foundation's Commitment to Increase our Community's Survivability from Sudden Cardiac Arrest WHEREAS, Heart attacks are one of the most common causes of sudden death in adults, with over 500,000 dying annually within the United States, and WHEREAS, Early CPR and a community paramedic system improves an individuals chance of survival, a17d. WHEREAS, Early defibrillation can further increase an individuals chance of survivai. For every minute defibrillation is delayed, the individual's chance of survival decreases by approximately 10°fin, and WHEREAS, The Port Angeles Police Department and the Port Angeles Fire Department are working collaboratively to ensure early defibrillation is accomplished as soon as practical, and WHEREAS, Olympic Medical Center Foundation recognizes the importance of early defibrillation in saving lives and has donated multiple automatic external defibrillators to be used by the fort Angeles Police Department. By providing defibrillators in patrol cars, the time to defibrillation may be decreased — potentially increasing our community's survivability from cardiac arrest. NOW, THEREFORE, i, Daniel A. Di Guilio, Mayor, ON BEHALF OF THE CITY COUNCIL OF PORT ANGELES, do hereby acknowledge Olympic Medical Center Foundation's vision and commitment to make our City a safer and healthier community. The Council further extends its appreciation for the Foundation's donation of multiple automatic external defibrillators. April 20. 2010 Daniel A Di Guilio, Mayor PROCLAMATION In Recognition of The Rotary Club of Port Angeles' Commitment to Increase our Community's Survivability from Sudden Cardiac Arrest WHEREAS, Heart attacks are one of the most common causes of sudden death in adults, with over 500,000 dying annually within the United States, and WHEREAS, Early CPR and a community paramedic system improves an individuals chance of survival, and WHEREAS, Early defibrillation can further increase an individuals chance of survival. For every minute defibrillation is delayed, the individual's chance of survival decreases by approximately 10%, and WHEREAS, The Port Angeles Police Department and the Port Angeles Fire Department are working collaboratively to ensure early defibrillation is accomplished as soon as practical, and WHEREAS, The Rotary Club of Port Angeles recognizes the importance of early defibrillation in saving lives and has donated an automatic external defibrillator to be used by the Port Angeles Police Department. By providing defibrillators in patrol cars, the time to defibrillation may be decreased — potentially increasing our community's survivability from cardiac arrest. NOW, THEREFORE, I, Daniel A. Di Guilio, Mayor, ON BEHALF OF THE CITE' COUNCIL OF PORT ANGELES, do hereby acknowledge The Rotary Club of Port Angeles' vision and commitment to make our City a safer and healthier community. The Council further extends its appreciation for Rotary's donation of an automatic external defibrillator. April 20, 2010 Daniel A. Di Guilio, Mayor LEAGUE OF WOMEN VOTERS° OF CLALLAM COUNTY P.O. Box 982 Port Angeles, WA 98362 My name is Penney Van Vleet and as President of the League of Women Voters I am here to express our dismay concerning the resolution that the staff has presented to you for your consideration this evening on action minutes. We realize that you have a new City Clerk and it does take time to get up to speed on taking minutes and determining the sense of a meeting. We also recognize that all governments are operating under onerous budget constraints at this time. And we are painfully aware that—on any topic --ane can find any number of solutions to a problem, some of which are not the best and, in fact, are not very good at all. The League of Women Voters of Clallam County finds it difficult to understand why some of your staff has such opposition to government transparency. The government of the City of Port Angeles is not yours .... it belongs to the citizens who live here and they elect you and you hire the staff to do their business. We have passed laws in this state that have outlined open government and what the citizens should expect from the people they elect and the staff.. Lest you think that Open Government is a partisan political issue as some people might suggest, in 2045 Senators John Cornyn (R -TX} and Patrick Leahy (I7 -VT) sponsored two bills: the Openness Promotes Effectiveness in our National Government, to improve accountability by strengthening federal laws such as the Freedom of Information Act, and the paster FOIA Act, to create an advisory commission tasked with suggesting ways to decrease delays in the processing of FOIA requests. Your City Manager, Kent Meyers, has worked in other local governments, and many of us have lived in other communities that televised council meetings and other items of interest to the community. And in several of the places where I lived this made a world of difference to the people who lived there. It created a sense of belonging andgood will. I saw it in a community smaller than yours andin a community of over 60,000. If you had chance to review the minutes of the City Planning Commission and the Olympic Region Air Pollution Control Authority in your packet for tonight's meeting you will notice that they are comprehensive and do not require an interested council member to spend hours listening to audio tapes to discover the nature of substantive discussions. Your City Clerk did some investigation and found the communities that are doing Action Minutes, which is good. I didn't see any reference to what they provided in addition to these minutes, such as the San Juan County Council that also posts a video with a link to the various topics in the minutes, or other communities in the state of Washington who are providing other resources that allow citizens to have a better sense of what transpired at their government meetings. And if you have ever had to wade through an audio recording and try to follow the basic arguments of an issue, it is extremely difficult to follow its thread back and forth between the speakers and keep track of who said what. I would again refer you to the Assistant Attorney General Mark Calkins, who in October, 2006 wrote "Suggested Guidelines for Meeting Minutes." He notes that "written minutes must have sufficient facts and information to permit the public to understand and appreciate the rationale behind the relevant public body's decision and to know what action was taken." The memo that you received quotes Robert's Rules of Order from "Less is More," the article from the Municipal ,Research and Services Center of Washington, which stated "minutes should record what is done, not what is said." Robert's Rules of Order are not the governing laws for your minutes. These are incorporated in the RCW's for open meetings and open records. The League opposes this draft resolution because it is a move toward less transparency at a time when the public trust in government, at all levels, needs to go in the other direction and you can help make this happen by: • Appointing a committee of Council members and citizens (a League member would be happy to serge on this committee) to research how other governments provide meeting information to their citizens including: costs, staffing, equipment and other concerns relating to this, and • Returning to regular minutes, as you have in the past until the committee reports back to the Council and the Council votes to implement a more comprehensive and open meeting information. PORTANGELES J." A W A S H I N G T O N. U. S. A. CITY COUNCIL MEMO DATE: April 20, 2010 To: CITU COUNCIL 1F'Rom: Glenn A. Cutler P.E., Director of Public Works & Utilities SUBJECT: Combined Sewer Overflow Phase I Update Summary: City staff will present an update on the status of Phase I Combined Sewer Overflows (CSO) Project design. Recommendation: None. Provided for information. Background/Analysis: City staff will be presenting an overview of the current status of the CSO Phase l project. It is anticipated that a representative of the Washington State Department of Ecology, Water Quality Branch will be present. N XCO Ll NC I LNF I N AIACS 0 t)pdate and Presentation April 20 2010.doc D - 1 Combine ewer ov\erfl6,wvCSC3) \, Pro , rd Update City-.C6uncil '\ ' \April ? 4, 201.0 PreSe tatlo ii\ReguIai6ry Background r Summary of.CSa Prod ect,Y ` ■ Current Progress- ' \ \- \ \ ■ Related 5tor+mwater� ff®rts� �, '' ■ Next Steps ■ Questions 1 Re 14o ry • R Qulated`un r the x kg,r d WTP's NPIDES ermit < — since 1991 ' • Updated\Pla.n September`2006 • 2 phases of'7ects total,$38.to $45Nl, • Agreed Order Oct 2006, am do July 2007 — requires completion of all work y December 3.1, 2015 hase l . Pray ec Projects, NWest ' ated Co sn Eruct n, st ■ Farce Mains; [yak St. to WWTP -� <'� ,$6- ■ Franci°s �Stt. Park diversion - $3.. ■ Storage Tank modifications $2 i1 ■ Flow diversion facile y, pump-\ station & WWTP modifica to $5.9M ■ Bridge over Ennis :reek - $1.7M T �al $19.8M 2 k �'-hase 1 Fungi wo PWTF esign Loans . 1.4M �, \ ■ Two, PWTF Cgns.tr4etion Loans y' `Subtotal $ l3� I> To complete Phase 1 fading, .still need a DOE SRF construction loan .o 5�1OM i 3 Table 5.4, Rale Impact or CSG Rid octiuo Prag— Ph— I WO Phase 9 CSO Pg— Rat¢ 2446 7007 lm8 1069 2010 7411 3412 7011 1014 2011 14, ht. of RCP e 14[pa—arcu9 goxfi 4f 05%) 79]0 7$X 7575 7G13 7651 1[89 7779 7705 7905 Cu "Hd a Phase l and Pbma II *V —u mgilG.ai13 $112,590 9902,930 S]„:2.'�0 11,227,564 $1,351,000 51.351„m0 $2,0.51,549 $2.44I.W5 CSO real vrngam rasa ulW. &Www {mnuleM) $124 59-B3 $1230 $1311 51660 51457 52631 42617 pmj 4 RCE Razes 5hmnlh Bess RCE—fiy.w $C7M1 53969 SA 1,'Q $0.340 50510 $49.& $4864 $W5I $5746 $5449 Base RCE rale n [ bs.ures 4 Q"fin 2009-2015) 51&1 12-10 S1.70 $174 S100 $1.87 5195 $202 $2.10 kry C$O uu,.4. uweare wnc” $I'M $231 12AD $2.40 $240 $250 $25C $150 $260 57.E0 Cum . 45O Armlhlg su,d rg. $420 $99] $6.90 Wm 51370 $1920 $1970 121-0 $2391 52640 kbrmryd0wp0E $4200 $44.19 S5060 55476 55941 $6394 '$6734 $7171 $765 Mm mmw%Ircre 45% 376% 97G% 910% 7544 771% ON% 5°.e% 835% ON% Aiden H. -h* I— $37,2x0 539,130 185,08:1 $4],968 541,097 542,D59 $43,141 104,219 $45,325 $6,459 %V.Lratr„raft a4%d melon inccme 11YA IA$% 15546 1.60% 172% fat% 1.97% 155% 2.02°.4 _209__%_ Hale - kIE a msdtot -ft- - egrhale A Kase Projec ■ Downtown Gravity Sewer,,Malns,' �- ■ New\Pump Station �4\& more�Fprc6- ain\. ■ Additional WWTP Improvements j f IH ` . urren .�Praggps ■ ` onceptual de�ig `of bridge complete ■ On site investigations of pipe condi ion a.n quality of soils u derwa� ■ Overall design almo\'st ready for 6d°/(o de review ■ Regular coordination meeiingsit Ole ■ Necessary Property'identifiecl\� ■ Phased construction ap� oach to nimize risk 1 \\ hdge Cross' c 'on \ T21 -O' LANE L J J 36• Z4- BIOCI[ OUT, TYP �'F CSO C54 STEEL. CAsmo T�?-- CSO PIPELINE, TYP 64TTOM OF INT. DIAPHRAGMS 3 SPACES ® 5' a 18 SHOULDER I._O. 7S L- - 30- I CSO +a r W56G GIRDER, TYP _O - SECTION - ALTERNATIVES 1E & 2E sCAEE: Tia•=s —o• 5 \.2 eparate 'Mits m N SES P rmit fQr WWTP (SEWER- ",\ egulates the W'WT\P — Sewer Collection System' — Outfalls acid\CSOs > \\W n NPDES Phase 2\Permit for M\ 4�\STORM ATER) — Regulated MS4, — Construction Activities\ — Industrial Activities t 'Cu ent Stoiwv iP\at,Efforts ort., rt m\Met wi&,13r me, \on. staff're \gard-i,fi&irt ir 9 dise,onnection, prograpi m Developing enhanced public edti,cation\ ti outreaci�\focus orM;il1amCountyTair > m Will be emphasizing 2,5%\,redu\ction in" Stonnwater Fee\for BMP'S or In implementation use l... /> V 0 '25I o t wa �r Fee ,duction ■ Per PAMC l� 6 1.00, existing, �ne o re- m site may beeligible if y 2 of the following used:, �! — Roof downspout control. BMP — Mitigation of 10% of'im ery a s area with g �p � �\ BMP or LID technique `F — Amend soil 1 Prof es 66% Design., lt�iew, in Apri1.2410\\\ Design completion, \ 'July 2410\ October 2'014 D0E,SRF" Application Deadi SRF funds available Summer'201.1 Construction begin Summer/Fall 2411 Construction complete late 2013'\ rA Ne�4 Steps- ■ Camplete Phase\l design, `- ■ Secureprope y'righs .,, ■ Apply far SRF loan .0d secure fu 'd* i ■ Amend Agreed Order `with,)D • Construct Phase l.�\ 0 DATE: April 20, 2010 To: CITY COUNCIL. GELES FROM: JANESSA HURD, CITY CLERK SUBJECT: CITY COUNCIL MEETING MINUTES Summary: The City Clerk has been using an Action Minutes format for preparing City Council Meeting Minutes since January 2010, under a three-month trial period imposed by Council. A work session has been scheduled to discuss the format and policy options for preparing City Council Meeting Minutes. Recommendation: Following the presentation, it is recommended that the City Council consider the format and policy options for the City Council Meeting Minutes, and.provide direction to staff. • Background / Analysis: Council agreed by consensus to allow the City Clerk to use an Action Minutes format when preparing City Council Minutes for a six month trial period at their Council Retreat on January 9, 2010. At the January 19, 2010 City Council Meeting, Council agreed by consensus to shorten the trial period from six to three months. Previously, the City Clerk's office used a detailed minutes format, which took significant time to produce due to the difficult and subjective nature of summarizing comments, presentations, and discussions. The previous format, depending upon the length of the Council meeting, took 8 or more hours to produce. Additional time was needed for the minutes to be reviewed by the Deputy City Clerk, City Attorney, and finally staff and Council once they were in the Council Packet for approval. Using the current Action Minutes format is more objective and decreases the time required by at least 60%. In addition to a decrease in preparation and review time, there is an increase in efficiency for staff and the public when reviewing the minutes to locate key terms and decisions made at Council Meetings. The Action Minute format is in common use by other public agencies, including Port Townsend, Lynnwood, Issaquah, Auburn, Gig Harbor, Yakima, Black Diamond, and Des Moines. Attached to this staff report are sample minutes from the City of Port Townsend and the City of Issaquah for your review. • X�i The Municipal Research and Services Center of Washington addresses the reasons why cities should use an Action Minutes, on their website under their CounciVCommission Advisor section in October of 2009. In the Article, "Less Is More: Action Minutes Serve the City Best," Ann G. Macfarlane, Professional Registered Parliamentarian, describes the reasons why Action Minutes save cities time, energy, conflict, and follow a more functional format for searching and reviewing. She also quotes Robert's Rules of Order, "minutes should record what is done, not what is said." The article is attached to this staff- report. The City of Port Angeles records the audio of all City Council meetings and makes these audio recordings available online under the Public Records Access link on the City Cleric's web page. These recordings are easy to access online and are the only complete record of the meeting. As of the end of March, there has not been an increase in Requests for Public Records related to the City Council Meeting Minutes. In addition, the City Clerk's office. has not experienced an increase in questions regarding the Council Minutes or Council Meeting recordings. There has been a slight increase to the number of visits to the City Cleric's web page. In relation to our audio recordings, Council should also be aware of future needs and' decisions that need to be addressed. Currently our twenty-five year old Audio System is in dare need of replacement. If the system fails, we can expect 30-60 days of downtime. This means that there will be no microphones, KONP will not be able to broadcast the meeting, and any recording of the meeting will be of poor quality. Our 2010 Capital Facilities Pian includes the replacement of this system at $70,000, which includes new hardware, streaming audio, and agenda book marking capabilities. The financial limitations of the City have not allowed us to include this in the City Budget in past years. In addition, if Council is interested in a video component, the initial costs will increase by approximately $120,000, with a possible $50,000 contribution, from Wave Broadband under our Franchise Agreement. Following discussion, Council direction'is needed regarding the official format and policy of the City Council Meeting Minutes. In addition, there is a draft Resolution regarding the establishment of a policy for the official format of the City Council Meeting Minutes attached to this staff report. ❑-3 02-16-10 City Council Minutes 7:30 PM February 16, 2010 CALL- TO ORDER ISSAQUAH CITY COUNCIL . REGULAR MEETING MINUTES Page 7024 City Hall South 135 E. Sunset Way Mayor Frisinger called the meeting to order at 7:30 PM and led the Pledge of Allegiance. COUNCIL AND ADMINISTRATIVE PERSONNEL PRESENT Eileen Barber Ava Frisinger, Mayor Fred Butler Leon Kos, City Administrator Tota Marts Wayne Tanaka, City Attorney Maureen McCarty {Excused Absence} Randy Reed, Deputy City Clerk Mark Mullet Joshua Schaer John Traeger AUDIENCE COMMENTS ■ John McIntosh, 71 Mt. Pilchuck Ave NW, spoke regarding the Google jumpstart National Broadband Plan. ■ Brian Scanlon, representing the U5 Cansus Bureau spoke regarding the 2010 Census. COMMITTEE REPORTS Utilities, Technology, and Environment Committee — Mark Mullet Chair.' An update of the last meeting vras provided. The next meeting is schedule for Tuesday, March 9, 2010 at 5:30 PM in either the Baxter Room or the 'Pickering Room at CHNW. Land and Shore Committee, Tole Marts Chair.' An update of the Iast meeting was provided. The next meeting is schedule for Monday, March 8, 2010 at 6:00 PM in the Pickering Room at CHNW. Transportation Committee -- Joshua Schaer, Chair.' An update of the last meeting was provided. The next meeting is scheduled for Thursday, March 4, 2010 at 5:00 PM in the Pickering Room at CHNW. Services & Safety Committee — Eiieen Barber, Chair.' The next meeting Is scheduled for Thursday, February 25, 2010 at 5:00 PM in the Eagle Room at City Hall. Major Planning and Growth Committee — Fred Butler. The first meeting is scheduled for Monday, February 22, 2010 at 5:00 PM in the Eagle Room at City Hall. Council President's Report w John Traeger. ■ The next Committee of the Whole Council is February 23, 2010 at 6:30 PM in the Council Chambers. • The Issaquah City Council will hold a joint meeting with the Sammamish City Council March 9, 2010. D-4 Is • J 0 02-16-10 City Council Minutes Page 7025 MAYOR'S REPORT 1. There will not be an Executive Session this evening, 2. The City is currently accepting nominations for the 2010 "Ruth Kees Environmental Award for a Sustainable Community' award. The nominations are due by 5 p.m. March 15, 2010. For more information, go to the City's Web site. 3. The 2010 U.S. Census is looking for Issaquah residents and businesses to actively participate in this year's process to ensure an accurate count of our community. in March 2010, census forms wlil be delivered to every residence in the: United States. 4. The City of Issaquah recently launched an eNewsletter called "Issaquah Insider," which will be sent to subscribers at least twice a month, CONSENT AGENDA !terns listed below were distributed to Council Members in advance for study and were enacted with one motion. IT WAS MOVED BY BUTLER, SECONDED BY MULLET MOTION CARRIED (6-0) TO APPROVE THE CONSENT AGENDA AS PRESENTED. a. Minutes — February 1, 2010 City Council Regular Meeting b. Approval of Accounts Payable (AP) February 16, 2010; Approved i. AP Checks 128682 through 128876 in the amount cf $ 1,201,255.81 ii. Payroll Checks 69166 through 69224 in the amount of $ 41,218.14 iii, Payroll Benefit Checks 6927.5 through 69247 in the amount of $ 363,695.89 iv. Direct Deposits 36349 through 36618 in the amount of $ 465,464.14 V. Payroll Wire Transfer Checks 471 through 475 in the amount of $ 262,313.89 c. AB 6085 —,SR -900 Regional `frail 1-90 Overcrossing Air space lease agreement with WSDOT; Authorized the Mayor to enter into and execute the AWSpace Lease Agreement with the Washington Department of Transportation. d. AS +6088 — SR -900 Regional Trail 1-90 Overcrossing Construction Management Agreement with WSDOT; Authorized the Mayor to enter into and execute the SR900 Regional Trail 1-90 Overcrossing Construction Management Agreement with Washington State Department of Transportation. e. AS 5088 — Interfocal Agreement with Bellevue Eastside Wayfinding .Sign Projeut Approved authorizing the Mayor to enter Into and execute the interlocal Agreement between the City of Bellevue and the Cities of Bothell, Issaquah, Kirkland and Redmond for the 'East king County Wayfinding Project. f. AB 6090 — Potential Contributions to Municipal Art Fund from Budgeted Construction Projects; Referred AB 6090 to the February 22, 2010 Council Magor Planning & Growth Committee for review and recommendation, returning to the full Council on March 15, 2014. g. Ala 6091 — Explore options for Klahanle Park; Referred AB 6091 to the February 25, 2010 Council Services and Safety Committee meeting for review and recommendation, returning to full Council on March 155, 2010. 02-16-10 City Council Minutes Page 7026 h. AB 6092 — Newport Way Road Improvement - from Maple St NW to W Sunset Way - Preferred Option Selection; Referred AS 16092 to the February 23, 2410 Committee sof the Whole Council meeting and the March 4, 2410 Council Transportation Committee for review and recommendation returning to the full Council March 15, 2414. REGULAR BUSINESS a. A13 6066 -- Council Extension of IMC 3.71.060(1=) -Transportation Impact Fee payment for commercial uses 10,000 sq.f t. or less. Following Council Discussion, IT WAS MOVED BY MARTS SECONDED BARBER TO: Adopt Ordinance leo. 2560 Amending Ordinance No. 2548 Passed by the City Council on January 20, 2009 by amending Section 9 of said Ordinance to extend the termination date of Sections 4 and 6 of said Ordinance to March 1, 2011. MOTION CARRIED, 6-0. EXECUTIVE SESSION -- None. OTHER BUSINESS — None. ADJOURNMENT There being no further business before the Council, Mayor Frisinger adjourned the meeting at 8:13 PM. e - i cls �andy Ree , Deputy by C rk Ava Frisinger, Mayor 1) Unless othatwisa indlcaled, all documents submitted at City Counoll meetings are nn file with the City Clark - 2) Fadetalledlbaftruund infumatbn on items, please we Agenda 6Nt9an fie With the City Cleric. D-6 CITY OF PORT TOWNSEND MINUTES OF THE SPECIAL MEETING AND WORKSHOP OF MARCH 8, ,2010 CALL TO ORDER AND PLEDGE OF ALLEGIANCE The special meeting of the City Council was called to order by Mayor Michelle Sandoval at 8:30 p.m. in the City Council Chambers, ROLL CALL Councilrnembers present at roll call were David King, Laurie Medlieott, Kris Nelson, George Randefs, Catharine Robinson, Michelle Sandoval, and Mark Welch. Staff members present were City Manager David Timmons, City Attorney John Watts, Development Services Director Rink Sepler, and Senior Planner John McDonagh. FIRE AND EMERGENCY MEDICAL SERVICES: RESOLUTION 18-003, - EMERGENCY MEDICAL SERVICES (EMS) LEVY LID LIFT, RESOLUTION 10. 004, GENERAL FUND LEVO" LID LIFT. { City Manager David Timmons reviewed the packet materials. He stated that since 1 the last meeting when Council reviewed Resolutions 10-003 and 10-004 and adopted Resolution 10-003, the two resolutions have been reviewed by an attorney experienced in property tax levy elections law. City Attorney John Watts stated that in regard to Resolution 10-003 adopted on March 1, the recommended action Is to adopt the revised resolution which makes technical edits recommended by the special counsel. Regarding Resolutian 10- 1304 (general fund levy lid lift) two options are now presented for Council's consideration and are explained in the packet materials. Discussion ensued ab= the information contained in the packet materials cone eming questions that were posed at the last Council meeting. These mainly related to the general fund levy and how that would play out in the event it was adopted prior to annexation. L--] Public Comment: David Goldman stated he does not understand the need or the costs and feels more information must be made available to the voters for an informed decision. Chief Gordon Pomeroy was present to answer questions and describe the District budget and plan in more detail. There was some discussion about the requirement in the City - District agreement about both entities being informed City Council Special Meeting and Workshop March 8, 2010 Page 1 of 4 D-7 • prior to a decision to present a levy lid lift to the voters. Councilor's also stated it would be helpful to hav6 a capital improvement plant, a strategic plan, and a priority list for expenditures. Chief Pomeroy stated his intention -is to add five more firefighters, rather than to double the staff. Motion: David icing moved to amend Resolution 10-003, Emergency Medical Services Levy Lid Lift, with edits shown on the version in the March 8 Council packet. Mark Welch seconded. Vote: motion carried unanimously, 7-0 fly. voice yVote. Ms. Nelson stated she is comfortable being a conduit for information to the citizens, but in order to promote passage of the levy lid lift, Council members need clear information from the District so they can educate both themselves and the public on the specific needs that will be addressed by the ballot issues. Mr. Randels stated that although there seems to be general, agreement on the EMS levy lid lift, there was not adherence to the requirement for an agreement between the District and the City prior to a ballot measure proposal. He added that proceeding cn an,acce le rated basis with the EMS levy lid lift does -not solve the District's problems but does help to a degree. It dries not appear that the entire funding is necessary right away since the Department can only staff up with 4-6 people in the next year or two anyway and that can be Financially supported with the EMS levy funds; Ms. Sandoval stated that annexation is important and she does not avant to get too far ahead of that. The Council discussion at the workshop snowed that Council, members feel annexation is critical and that a general fund levy lid lift should not precede an annexation vote. Mr. King stated that annexation Is his priority. Mr. Randels said he is not persuaded that going with the general fund levy is the right thing to do, Ms. Nelson stated she feels strongly that annexation should be the first step and it would lead to a fair and equitable vote on a general levy. Chief Pomeroy affirmed that the City and District will work together in a positive way. Motion: George Randels moved to fable Resolution 74-004 until we have a subsequent discussion regarding annexation and decide whether or not the Council may want to consider a general fund levy lid Ilff at that time. Catharine Robinson seconded. Vote_ motion carried, 4-3 by voice vote, David icing, Laurie Mediicoft, and Mark Welch opposed. • City CounrU Special Meeting and Workshop March 8, 2010 Page 2 of 4 ❑-8 • • ADJOURN There being no further business, the special meeting was adjourned at 8:15 p.m. WORKSHOP MEETING CALL TO ORDER The City Council Workshop was called to order by Magor Michelle Sandoval at 8:35 p.m. in the City Council Chambers. ROLL CALL Council members present at roil call were David King, Laurie Medlieott, Kris Neison, George Randels, Catharine Robinson, Michelle Sandoval and Mark Welch. Staff members present were City Manager David Timmons, City Attorney John Watts, Development Services Director Rick Sepler, and Senior Planner John McDonagh. SCHEDULING PRIORITIES Council members reviewed the draft schedule in the packet. It was agreed that the May 6 town meeting date would be reserved for discussion of Fire District annexation and a May 20 town meeting will be held an economic development strategy and the Public Development Authority. The issue of broadband will be added to the work plan and the city will pursue a Google proposal. Action will be taken at an upcoming meeting to set up a Council Tech Committee. SIGN STANDARD DEPARTURES Development Services Director Rick Sepler reviewed the two approaches to the sign code amendments outlined in the packet materials and asked for direction to the staff regarding which option to incorporate in the revised sign code. It was noted that the wayfinding project is still several months away. Ms. Robinson stated that she is uncomfortable enforcing the sign code inequitably between uptown and downtown. Ms. Nelson asked that a schedule of placement and removal of temporary signs be added to the sign departure section of the ordinance. Other suggestions from Council members can be e-mailed to Mr, Sepler. General direction to staff was to follow Approach "B" as delineated in the staff memo. Staff will incorporate into a neva draft ordinance to present to Council. BULKISCALEITEA.RDOWNIH1STORIC PRESERVATION CODE CHANGES City Attorney John Watts reviewed the packet materials. He noted that Planning Commission Chair Julian Flay was present. City Council Special Meeting and Workshop March 8, 2010 Page 3 of D-9 Senior Planner John McDonagh was present to answer questions about: the historic home survey and the ordinance provisions. He and Mr. Watts -recapped the Planning Commission's remaining concerns. One issue to be addressed is adding language differentiating gross violations from minor violations of the provisions. The intent of the legislation is to prevent serious violations. It was noted that regulating the maximum size for any residence was not addressed and will come up again before the Council. Mr. Randels noted he Is firmly in favor of a size limit for future neighborhoods. The temporary ordinance is in place until August and the issue (bulk and scale, demolition) can be divided for Council discussion and action. Another public hearing before Council has been tentatively scheduled for April 99 and another workshop may be held. Questions from the Council on specific items in the ordinances may be forwarded to Mr. 5epler. ADJOURN There being no further business, the meeting was adjourned at 9:58 p.m. Attest: Pamela Kolacy, MMC City Clerk City Council Special Meeting and Workshop March S, 20 k a Page 4 of 4 D-10 • • • • • Council/Commission Advisor October 2009 Page 1 of 2 Municipal Research and Services Center of Washington Working Together for Excellence. fro Local Government CounCiliCo 'tmission Advisor MitSC has joined with Carl Neu, Director of the Center for the Future of Local Governance, P. Stephen Ujulio, Attorney, Fo5ter Pepper PLLC, and Ann Macfarlane, Professional Registered Parliamentarian, Jurassic Earflamen , to bring you the "Councli/Commission Advisor." The Council/ Commission Advisor will feature a new article each month with timely information and advice you can use.* Post a comment Q Less Is More: Action Minutes Serve the City Best October 2009 by Ann G. Macfarlane Professional Registered Parliamentarian Jurassic Parliament if your council, commission or committee takes detailed minutes of your meetings, we recommend switching to action minutes. Action minutes record what is done at a meeting and not what is said. At Jurass c Parliament, we believe that action minutes serve the city best. It is natural for elected officials and representatives appointed to public bodies to savor and enjoy reading a record of what they said at meetings. As servants of the public who take their duties seriously, they speak with care and appreciate knowing that what they say has been heard. We believe, however, that the time and effort required to prepare detalled minutes that record specific remarks far exceed the value to the organization ,and the public. (Quasiyudlcial hearings, of course, are another case entirely.) When a body wants Its remarks "on the record," the scribe or clerk has to spend hours, and yet more hours, transcribing those remarks, reviewing them, editing them, and preparing them for publication. Those are costly hours, hours that in our current tough economic climate could be better spent on other duties. Once the minutes are prepared, the members of the body have to invest time and energy in turn reviewing the draft minutes. Corrections or changes often have to be made, requiring yet more work. Sometimes there are differences of opinion about whether the content was correctly noted or not. Sometimes people are offended by the way their remarks were written down. All corrections have to be voted on formally by the body. The result can be a big drawdown of time and emotional energy for modest return. Finally, detaiied minutes make It a challenge to locate key items and decisions within the pages and pages of text. The record is far less functional when it includes remarks as well as actions. http://www.mrse.orgy'for-us/ccad-visorlcral009.aspx D-11 4/11/2010 CounciXommission Advisor October 2009 Page 2 of The argument is sometimes made that detailed minutes are important for legislature history. A, group with this goal in mind should include recitals and findings about Its intentions within the body of the legislation. Legislation speaks for itself. 0 Robert's Rules of Order offers a slrnple guideline: minutes should record what is done, not what is said. The minutes should include decisions made, postponements, referrals to committee. They may also Include a note that discussion was held, if the group wants to have It clear that they did their due diligence on a given issue. By keeping the minutes to this core of essential facts, anergy and effort can be devoted to the larger issues that face all our civic bodies today. Many of our Washington cities already operate this way, particularly those who record their meetings on audiotape or video, so that anyone concerned can easily hear or see exactly how the discussion went. The website of the city of Issaquah offers fine samples of action -minutes. We suggest that action minutes help a city council or public body keep focused on its future goals rather than on the record of Its past. The savings in tIme and energy that accrue from a switch to action minutes are well worth the small sacrifice to individual amour propre. Councit/Commission Advisor P. Stephen ©ilullo, a partner at Faster Pepper & Shefelman PLLC, focuses on litigation involving state and local governments, and land use and environmental law, Particular experience includes representation of jurlsdictlons on eminent domain, utilities (water, wastewater, storm water, solid waste systems), local improvement districts, facility siting and contractor litigation. ore. Fol S TER E PLm Carl Neu, author and consultant, is recognized nationally as an authorlty on, and an experienced practitioner of, the theory and application of governance and leadership to City councils and county boards, local government managers, and community feaders. More. Inn G. Macfarlane Is a Professional Registered Parliamentarian. She created Jurassic Parliament to make parliamentary procedure easy to learn and memorable. She provides training on leadership, meeting management, parliamentary procedure and organizational development across the U.S. *The Articles appearing In the "CounciI/Ccmmission" column represent the opinions of the authors and do not necessarily reflect those of the Municipal Research & Services Center. • D-12 http://www.mrse.org/focus/ceadvisor/ceai 009.aspx 4011/2010 • • C, RESOLUTION NO. A RESOLUTION of the City Council of the City of Pont Angeles, Washington, establishing a policy for the format of the City Council Meeting Minutes. WHEREAS, City Staff has recommended to the City Council adoption of a policy of streamlining the practice of taking detailed minutes for the City Council, and VaIEREAS, it is in the best interest of the City to establish a uniform, objective policy for the preparation of council minutes; and. WHEREAS, the preparation of these minutes maximizes personnel resources and is more cost effective and time efficient. NOW, THEREFORE be it resolved by the City Council of the City of Port Angeles as follows: Section 1. The following information shall be included in the council minutes: A. Date, hour, and place of the meeting_ B. The names of members in attendance and members absent. If a member arrives late or departs before adjournment, the minutes shouldrefleet the time of arrival and/or departure at that paint in the minutes, and next to the member's name in the roll call section. C. Whether it is a regular, adjourned, or special meeting. D. Time the meeting commenced. Time of meeting recess (if any). E. Topics of business. F. Actions taken on each business item: -Record motions and votes -Include direction given to staff by general consensus. G. Statements made "for the record" or made for the express purpose of clarifying the intent of the body. H. Oral cornrnunications/public comment should reference the name of the person, address, subject matter addressed, and direction (if any) given. 1. Adj ournment time and, if applicable, whether the meeting was adj ourned to another time prior to the next regular meeting. J. Signature block for the Mayor and City Clerk Section 2. With respect to public hearings, the minutes shall include: A. The time that the public hearing was opened. B. Identification of any written evidence in the form of statements, affidavits, reports, photographs, maps, correspondence, or other objects fled at the hearing and included as part of the record. C. The names and addresses of people who spoke and whether their testimony was for or against the hearing subject. D. Findings of the body (if the findings are modified or otherwise not incorporated in the ordinance, resolution or staff report as a result of the hearing). E. The motion and vote to close the public hearing. If the hearing is continued, the date, time and place of the continued hearing shall be reflected in the minutes. F. Statements made "for the record" or made for the express purpose of clarifying the intent of the body, G. Action taken on the subject matter: -Record motions and votes Include direction given to staff by general consensus Section 3. The audio recordings ofthe City Council meetings shall be maintained bythe City Clerk for a period not less than six years, according to the Washington State retention schedule. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of ATTEST: Janessa Hurd, City Clerk 2010. Mayor Dan Di Ch ilio APPROVED AS TO FORM: William E. Bloor, City Attorney C'. Mamma mid ScWr4AjhurdV_=1 SarinM\Tempt}CPgpwi M-Cound[Aulhn-Mrk3 Knulc&041210.wpd. April 15.2c 10 UPli .2. D - 14 MAH • • 0 m3 City Council Meeting Minutes Prepared by ]anessa Hurd, City Cleric City of Port Angeles April 20, 2010 City Council Meeting Minutes Roberts Rules of Order: Minutes should record what is done, not what is said. K A, Detailed Minutes Fermat: ■ Take significant time to prepare - Eight or more hours for most meetings ■ Additional time needed for review by multiple depa rtments DO ■ Summarization of comments, presentations, and discussions difficult and subjective ■ Less functional — difficult to search and locate key actions Action Minutes Fermat: ._.._ ] ■ Decrease preparation and review time by 60% ■ More objective and helps to eliminate conflict over summarization of content and discussions 1P ■ Increase functionality — easier to search and locate key actions Action Minutes Format: ■ Recommended by Municipal Research and Services Center of 'Washington x Clailar-n County uses a form of Action Minutes — adopted policy in 2004 ■ Commonly used by other agencies: Issaquah Port Townsend Lynnwood East Wenatchee Yakima Gig Harbor Auburn Black Diamond Des Moines Action Minutes Format. ■ Since the City started with Action Minutes in January: There has net been an increase in Public Records Requests - There has not been an increase in calls or emails regarding Council Minutes or Recordings There has been a slight increase to the number of visits to the City Clerk's web page. %1F r� Format Comparison Compare 12/15/99 Council Meeting Actual Minutes against Sample Action Minutes 6562 CITY COUNCIL mEETiNG Port Angeles, Washington December 15, 2004 CITY COUNCIL' MEETING Po rt Angeles, Washington December 15, 2009 CALL TO ORDER. Mayor Braun called Ilse regular mooring of rhe Port Angeles City Council to order CAI,L TO ORDER. Mayor Braun called the regular mrenng ofthe Part Angeles City Council to ordef REGULAR MEETING: at 6-W p.m REGULAR MEETING: at 6:90 p.m. ROLL CALL: Members Presen! Mayor Braun, Deputy Mayor Wharton, and ROLL CALL: Members Present: Mayor Braun, lyepury Mayor Wharton, and Councilmemhcrs Di Guilio, Kidd, Perry, Rogers, and Councilmcmhcrs Di Gui1'o, Kidd, Perry, Rogers, and Williams, Williams. Mrurbers Absemi None, Members Absenv None. •S+a„�fPresenf Manager Myers, Attorney B1oor, Clerk Hurd, G. Cutler, S+n,(rPres2m: Manager Myers, Attorney 6loor• Clerk Hurd, G. Cutler. T. Gallagher, D. hlcKeen, N. West, Y. Ziumkuwski, R T. Gallagher, D. McKeon, N. West, Y. Ziomkowski, R. Bonine, L. Dunbar, L. Gunderson, C. Hagar, P Lusk, T- Bmline, L, Dunbar, L. Gunderson, C. Hagar, P. Lush:, T, Pierce, and S RGlrcrds. Pierce, and S. Roberds. Public Prewar B. Upton, L, Beil, T. Beit, 8, Nelson, D. Gass, A. Barnard, Public Present: B. Uplon, L. Bei 1, T. Bci 1, B Nelson, D. Carse, A Bonnard), O. Thompson, D. Holiday, M. Rauch, G. Braun, R G. Thompson, D. Holiday, M. Rauch, G. Amun, R. Headrick, P. Downic, V. Rudin, and V. Sanurom All Hendrick, P. Do wait. V, Rudin, and V. Sanstrum. All others present in the audience failed to sign the others present in the audicrrce fa[led to sial the roster rasher. PLEDGE OF The Pledge of Allegiance to the Flag was led by COOF,61membcr Kidd. PLEDGE OF The Pledge of Allegiance to the Flag was led by Council member Kadd. ALLEGIANCE: ALLECIANCB: PUBLIC CEREMONlESI 1. Public Safety Meritorious Service Award. PUBLIC CEREMONIEW 1. Public Safety Meritorious Servtca Award. P 11"E N TATI ONS & PRESENTATIONS & EMPLOYEE Mayor Braun, Manager Myers, Fire Chicf McKeeo, and Police Chief Gallagher EMPLOYEE Mayor Braun, Manager Myers, Fire Chief McKeea, and Pollce Chief GaEagher RECOGNITIONS: presented a proclamation recognizing merilonous scrvicc to the community to RECOGNITIONS: presented a proclamali on recognizing mcrita6= service to the community to Leonard Bcil. Mayor Braun read the proclamation, and thanked Mr. Boil and his Leonard Bell. Public Safety Mcrimriuus family. Mr. Beil thanked the City, Fire Chief McKeon, Pa lice Chicf Gallagher, and Service Award the City Council for all their hard work. 2, Pat Angeles Harbor Works Devcloprrsent Authority Pon Angeles HarborWvrks 2. Port Angeles HarborWorks Derelupmcm Authority Jeff Lincoln, ECtculive Director of the Port Angeles HarborWGrks Development Development Authority Authority, used PowerPv int slides to present an update OD the PDA. He stated that Jeff Lincs In, Execulive Director of the Pon Angces HarharWorU De velopmcm there wuu Id be a public meeting an January 11, 261 D, at S:OB p.m. in the Clallam Authoriry, used PowcrPaim slides to prescni an update no the POA. He described County Cmantissinnrr's room at the Courdrouse. their mission statement, the Project's stance, explained challenges, and described the preliminary market analysis. He stated that there would be a public mcehng on Manager Myers mentioned 10 Cayncit that staff would 6e Prow iding Mr. Lincoln January 11, 2010, at 6:00 p.m. in the Clat[am County Comm issioae is room at tine with commems before the January meeting, and that Counc it cou[d add the it Courthouse. tonnnents to this list. - Manager Myers mentioned to CauntiI that staIT would be providing Mr. Lincoln with comments be fare the January meeting, and that Council could add their comments to this list. SAMPLE r 5563 CITY COUNCIL MEETING December 15, 2009 PUBLIC CE R ENI O N I ES/ 3, Public Scrvicc Recognition o(Mayer Braun, Deputy Mayor Wharton, and PHESENTATiONS & PRESENTATIONS & Caunctlmembers Rogers and Williams. EMPLOYEE Manager Mycrs presented Public Service Recognitions to each of the departing (Com'd) RECOGNITIONS: Manager Myers presented Pub he Service Rccagaitions to each of the dcparring Counci4mcmbers Rogers and Williams, (Coht'd) Councilmemhers_ He chplained what an honor it was to present the recognitions, reconvened at 7:05 p.m, and stated that the four Ce un c i lmcmbcn had forty years of combined scrvtsc to the Francis Charles, chair of the Lower EMW Klattam Tribe, expressed her graillude Public Service Recognition City. He thanked them for the dedication and hard work. Mayor Braun thanked the ORDINANCES NOT of Mayor Braun, Deputy public, and his wife, and stated that the new Council would be greet. MayorWharton, and Councilmember Rogers thanked the City Staff the elected officials, and described PV0LIC HEARINGS- Councilmcmhcrs Rogers what a pleasure it was to serve, Dtpuly Mayor Wharton thanked the community, Determination and Williams staff, and explained what an honor it was to serve the community. Counci[member - used PowerPoint slides to give a hrief presentation of PURPA. Follawing Coumil W Blume explained that he wanted to ache what had already been spol.en� discussion, Councilmember' Perry thanked the departing Council members, and presented each comment, Mayor Braun closed the public hearing at 7:19 p.m. of them with a bottle of wine. It was moved by Rogers and seconded by Perry to: Break Mayor Braun recessed the meeting for a brc ak at 6:41 p.m. The meeting Port Angeles, Washington, adopting Fi ndings and Conclusion s nelating to the reconvert d at 7 05 p.m. Publ[c Utllity Regulatory Politics Act (PU RPA). PUBLIC COMMENT: Francis Charles, chair of the Lower Elwha Klallam Tribc, expressed her gratitude for the departing Councilmembers. She thanked them all for their hard work, leadership, and their contributions to the cam muntty and the Lowcr Elwha Klall am Tribe. She welcum ed the new Counc it mem bars to the Council. ORDINANCES NOT I. MunttipalCode Amendment MCA 09-02 REQUIRINC PUBLIC HEARINGS: This item was removed from the agenda. Municipal Code Amendment MCA 09-02 PUBLIC HEARINGS- I. Public Utilities Regulatory Policies Act (PURPA) Mandatory Standards OTHER: Determination Public Utilities Regulatory Public Works Direelor Cutler introduced Phil Lusk, Power Systems Manager, who Polices Act (PURPA) used PowerPoint slides to give a brief presentation or PURPA. Manager Lusk Mandatory Standards described the four standards chat must be considered under the Energy Determination Independence Security Act of 2007. He explained that staff did not recommend adopting any nEihe four recommendations at this time, Briefdiseussion ensued Resolution No, 29.09 regarding retail rate adjustments. Mayor Braun continued the public hearing at?: 19 pm. There being no public Comment, Mayor Braun closed the public hearing at 7:19 p.m, Mayor Braun read the Resolution by title, entitled RESOLUTION ND, 21:92 • A RESOLUTION of the City Council of rhe City of Pon Angeles, Washington, adopting Findings and Conclusions relating to the Public Utility Regulatory Policies Act (PURPA), Councifinembar Itogers moved to pass the Resvlutlua as read by title, and Counciimember Perry seconded the motion. A vote was taken on the motion, which carried unanimously. 2 CITY COUNCIL MEETING December 15, 2009 PUBLIC CEREMONIESI J. Public Service R.ecognition of Mayor Braun, Deputy Mayor Wharton, and PHESENTATiONS & Council membcrs Rogers and Williams. EMPLOYEE RECOCNITIONSt Manager Mycrs presented Public Service Recognitions to each of the departing (Com'd) Cau nci lmembers, iiiing Mayor Braun, Deputy Mayor Wharte n, and Counci4mcmbers Rogers and Williams, Break Mayor Breun stressed the meeting for a break at 6:41 p.m. The meeting reconvened at 7:05 p.m, P U B LIC COM M EMI': Francis Charles, chair of the Lower EMW Klattam Tribe, expressed her graillude for the departing Cuuneilmemhcrs and we[mmed the new Count: i lm embers. ORDINANCES NOT 1. Municipal Code Amendment MCA 09-02 REQUI RING PUBLIC HEARINGS: _ This item was removed from the agenda PV0LIC HEARINGS- t, Public Utilities Regulatary Policies Art (PURPA) Mandatory Standards OTHER, Determination Resolution No. 18.69 Public Works Director Cutler introduced Phil Lusk, Power Systems Manager, who - used PowerPoint slides to give a hrief presentation of PURPA. Follawing Coumil discussion, Mayor Braun continued the public hearing at 7:19 p.m. There being no public comment, Mayor Braun closed the public hearing at 7:19 p.m. It was moved by Rogers and seconded by Perry to: Pass Resalut inn No. 29 -09, A RESOLUTION of the City Council of the City of Port Angeles, Washington, adopting Fi ndings and Conclusion s nelating to the Publ[c Utllity Regulatory Politics Act (PU RPA). Motion carried 7-0. SAMPLE 11 C� CITY COUNCIL MEETING December 15, 2009 PUBLIC HEAR IIYCS- 2- W ildwood Terrace— project Performance for CD DG Grant OTH ER: {Cunr'dj Econnm is and Com mun icy Development Director Hest r„splolned that [here vas a rcquvcmcnI to hold a public hearing on the project's performance priar to closing Wile wood Terrace — the final report. Mayor Braun opened the pubiic hearing at 1.22 p.m. There being Project Performance for no public commcny Mayor Braun closed the public hearing at 7'.22 p.m. C DBG Grant Counull mcan bet DI Cullio moved to authorize the CBUC Chief Ad minis[rat ive Clffreial to sign and close out the report. Couneilmem her Kidd seconded the motion, A vote was taken on the motion, which carried uaanitnausly. OTHER I. Dry Creek Water Association Special Services Agoomeat CONSIDERATIONS: Econamic and Community Development 17iMCWT West expaalRW that there was a Director Cutler provided s[afFand Council wish a madrFicauon to the existing Dry Creek Water agreement included in the ,packet. He explained that the City annexed a portion of Association Special the Wcuem Urban Growth Area (W OCA) in 2005, and entered into agreements Services Agreement with service providers in that area including the Dry Crcck Water Association (DC WA). He stated that the agreement authorized entry into special service agreements. He explained that the City had been working with the DCWA over the OTHER past Four years an a special services ngreemem, and it was now ready for CONSIDERATION&, consideration. kfe provided a map orthe affected areas, described the terms of the agreement, and uur lined the vests of the project Hrief disru55ion ensued regarding maintenance costs, service complaints, and billing questions, Couneilmember Perry moved to approve and authorize the Mayor to sign a 5 pec fal Service AgrecmenI with tha Dry Creek Water Assoc is l ion, and authorize the City Manager to make anitscr mod i two tie as to the ag roe men 1, if nec cssa ry. Co act c 11 m ember Ragers second cd the motion. Counci lmem her KAd recused herself because she owns a business with a share in the DCW A. A vote was taken on the motion, which carried ", with Couneilmember Kidd abslaiaing. Clallam County Shared 2. Cial lam County Shared Resource Conservation Manager Program Resource Conservation Manager program Directae Cutler introduced Manager Lusk, who explained that the State Department oFCmumerce was sponsoring a new program to assist cities and counties in establishing and implementing long-term energy efciency strategics- He stated that Washingtan State Univarsiry's Cxtension Energy Program would administer the program. He explained that Clallam County was planning on lubmilting an initial partnership proposal that included the City of port Angcles, City of Sequin, - Olympic Medical Center, Clallam Transit, and Cial lam County He stated that rf the proposal were accepted, staff would bring an Interlocal Agreement la CuuncB W consideration, He mens iurxd that cost savings Could total up to S 150,000 per year. Brief dimussian ensued regarding circuit riders, and discussion of the program at the last Utility Advisory Commince. Councilmerabet W ililama recused himself. Couneilmember Di Cuilio moved to support Clallam County's initial proposal under lite Shared Resuurca Conservation Manager Program, Counciimember Perry sccondcd the motion. A vote was taken on the motion, which carried 6- 0, with Couneilmember Williams ahstaining, 6564 CITY COUNCIL M SETING December 15, 2009 PUBLIC HEARINGS 2, Wildwood Ten -ace — Project performance for CDPD Grant OTHiR: (Cont'd) Econamic and Community Development 17iMCWT West expaalRW that there was a requirement to hold a public hearing an tho project's performance prior to closing the final report, Mayor 61nun upencd the public hearing at 122 p m. There being no public comment, Mayor Braun closed the public hear] ng at 722 p m, It was moved by Di Cullio and seconded by Kidd to: Authorize the CDSG Chief Administrative DMc ial to Sign and close out Zhu rcpott. Malian carried 7-0. OTHER I. Dry Crcck Water Association Special Services Agreement CONSIDERATION&, Director Cullet provided staff and Council with a modification to the existing agreement included in the packet, and provided mformation regarding Ike agreement- Following Councildiseussion, If was moved by Perry and stcandcd by Rogers to: Authorize the Mayor to sign a Special Service Agreement with the Dry Creek Water Association, end authwlzc the City Manager to make minor modifications to the agreement, ifnecessary. Motion carried 6A with Couneilmember Kidd abstaining. 2, Clallam County Shared Resource Conservation Manager Program 1)[rector Cutler introduced Manager' Lusk, who provided a presentation on the Clallam County Shared Resource conservation Manager Program, Fallowing Council dimussion, Couneilmember Williams recusad himself It was moved by Di Gui lice and seconded by Pc rry to: Support Clallam County's initial proposal under the Shared Resource Conservation Manager Program ]Notion carried 60, wtth Couneilmember Williams abstaining, SAMPLE 6565 CITY' COUNCIL MEETM CITY CO UNCfL MCET(NO Deerahber 15, 2009 fleccrnbcr 15, 2009 C" COUNCIL, Cou eilmember Rages explained that she would Conlinuc her Icgislattve work. COMMITTEE statcwhde, For all eitics. She stated slie is still working to score money for PenPly REPORTS: LATE ITEMS TO BF. Couneitmernbcr W hEiarns stated that he wanted to add three reams including. PLACED ON THIS OR modification of Council compensation, designating City Council Pashhan 91 as the FIITDREACENDAS: Mayor, and repealing City Council lerm Iimds. FINANCE: I Energy N orthwest iniedocal Agreement —Mcr� Creek Ilydrocicctnc Prnjecr 2 Interagency Agreement for Performance Based Contracting, Amendment No 2 31 Lodging Ta% Advisory Conn mhnee — 10 10 Capital Projects Fursding Rrcommcndstions 4. Consul Tant Agreement wi Th Hamm ond, Collyer, Wade & Livingston (HCW L) for Disaster Eve itis an November 16 & 17, 2009 Cou act lmember Rogers moved to add the Fl na rice items to the Canters Agenda The motion was weanded by Councituirmbcr WiMisms. A vote was taken on the motion, which carried unmimously. CON SENT AGENDA: Mayor Braun read the consent agenda in include: 1.) Entergy Northweu Inrerloca] Agreement—Morse Greek Hydroelectric Proj act; 2) Interagency Resolution No. 39-(19 Abrrcumil for Perform mer: Based Conrraes ing, Amendment No 2. 3 ) Lodging Tax Advisory Committee — 2014 Capital Projects Funding Recommendations: 4 ) C.onsultoat Agreement wish Hammond, Col her, Wade & Livingston (I IC WL) for Disaster Events on November 16 & 17.2009; 5 ) C1ry Council Muting Minutes of ❑ceernber 4, 2009, 6 ) F-tcpenduurc Approval List from I If! 09 to 1213109 for S3,069,327 411, 7 ) Materials Purchase Electrical Transformer, Contract PW -09- 026, 8.) Lipman — Same, Rcsolu[ion No 29.09 to ser Public Hearing; 9 ) Enron Settlement Agreement; 10 ) 'F-Adc Improvement Proginnt Grant Awards & Contrac is. Co u nc ilmc m her Di GuWo moved to accept the cc nsene agenda as read. The motion was sccundcd by Councilmamber Kidd. A vote was talten iNFORMATION: on the ma l in n, wL ch ca erred uno it into usly. INFORMATIO,N-. Manager Myers discussed the Building and Finance reports. Hediscsitwd [he Lodging Tati Ad vhsary Cantu ritcc recomrne udahnnt, including four projects fur a total of 5250,000 m Capital hmprovcmcnts He diwusscd the Fayade Improvcmant ADJOURN TO Program, which included a carol of fuer projects He stated drat the City was EXECUffVE SESSION: c,xitinaing to cork with PenPly, and that they wnald hopefully Ecgin aperasions in January" Febnary of2010 He mennoned chat he would be on vararron for the rest of [tic week and that Attorney Bloor world be the acting City Manager, ADSOLIRN TO Counc bl adj oureeJ to Executive Session for approx innately 15 minutes under she EXECUTTVE SESSION; .wthariry of RCW 42 30 110[11[$}, to review performance of a public tntlAnyce. • The Executive Session convened of 7:51 p.m , and at 8.10 p m., the Ex(TC94ve Stss ion was extended fur an arlddionai I D minutes by eanous a mens of the Mayor The Council was jo iced by Manager Myers. 0 a CITY COUNCI L Counca[nt em ber Rogers spuke regarding her continued legislative work and COMMITTEE securingtroneyfor PenPly. REPORTS: L.AT6 ITEMS TO BE Coutxllmcmbcr Williams stated drat he wanted to add three irems including: PLACED ON THIS OR modification of Council compensation, designating Clry Council Position 41 as the FUTURHAGENDAS: Maim, and rcpealiReCityCmitol term limits. FINANCE: I. Energy 1,orthmr;t lnterlaral Agree mint—Morse Creek Hydroelectric Project 2. Interagency Agreement for Performance Bused Contracting, Atnendment No. 2. 3, Lodging Tax Advisory Committee: — 2010 Capital Projects Funding Recommcndatioru 4, Consultant Agreement with Hammond, Collier, Wade & Livingston (HCWL) far Disaster Evems an Navrmbar 16 & 17, 2009 It was 1110 vcd by Rogers 2 a seconded by Wi it isi= to: Add the Finance items to the Consent Agenda. Motion carried 7-0. CONSENT AGENDA: I I was moved by Di Guilin and seconded by Kidd to accept the consent agenda to include: l.) Energy Narihwest(nttriocal Agreement — hvlorse Creek Resalutiod No. 7909 Hydroelectric Project; 2.) Inttragency Agreem Eris for Performance Eased Contracting, Amendment No. 3; 3 ) Lodging Tax Advisory Committee -2010 Capital Projects Funding Recommendations; 4.) Consultant Agrccmrni with H ammund, Cull!cr, Wade & Livingston (H CW L) for Disaster Events on November Ili & 17, 2009; 5.) City Council Meeting Minutes of December 1, 20W; 6 ) Ecpenditurc Approval Last from 111! 1109 to 1:0109 for $3,069,327.44; 7.) Materials Purchase: Electrical Tnansf0rmcr, Contract P W-09-026; S.) Lipman — Stmre, Resolute un No. 29-09 w set Pubt is Hearing; 9 ) Enron Settlement Agreement; 10.) Food [mprovemenr Program Grant Awards, di Contracts. Motion carried 7-0. iNFORMATION: hignager Myers spoke regard ingthe Building and Finance repmts, Lodging Tax Advisory Commince recommendations, FaFade Int provemcnt Program, PenPly, and his abscxc from the Ciiy for the Fast of the rock statl ng that Attorney Bloor would be The acting City Manager. ADJOURN TO Counc6 adjourned 10 ExEenl ive SMlOn far approximately 13 mlmnel under the EXECUffVE SESSION: audiorhyof RCW 42.30.110(1) a to review perfarmsince of pubiiceisiployce. The Excess rive Session cony ned at 7:51 p.m , and at 8:10 p.m., The Executive Session was extended for an additional 10 minutes by atcnourscement of the Mayor, The Council was join cd by Manager Myers. SAMPLE • r � U 6566 CITY COUNCIL MEETING December 15, 2009 RETURN TO OPEN The Executive Session concluded at 8:21 p.m., and the Council convened in regular SESSION: open session. Councilmember Rogers moved to authorize the Mayor to sign an amendment to the City Manager's employment contmcl to adjust the City Manager's compensation to Include a 2% cost of living adjustment and 3% merit increase. The motion was seconded by Councilmember Perry. A vote was taken on the motion, which carried unanimously. ADJOURNMENT: The meeting was adjourned at 8.22 p.m. Dan Di Guilio, Ma Janessa urd, Chy Clerk CITY COUNCIL MEETING December 15, 2009 RETURN TO OPEN The Executive Session concluded at 8:21 p.m., and the Council convened in regular SESSION: open session. 11 was moved by Rogers and seconded by Perry to: Authorize the Mayor to sign an amendment to the City Manager's employment contract to adjust the City Manager's compensation to include a 2% cost of living adjustment and 7% merit increase. Motion carried 7-0. ADJOURNMENT: The meeting was adjourned at 8:22 p.m. Dan Di Guilio, Mayor lanessa Hurd, City Clerk ' SAMPLE f Policy Establishing Format: — Draft Resolution in Council Packet ■ Establishes a uniform policy for the preparation of City Council Minutes with a set of detailed IS, guidelines designating what items will be included. Regardless of minute format, our audio recordings are a complete record DO of the meeting. Audio Recordings: Accessible online ■ Available next day ■ Complete record of meeting Future Considerations: — --] Current Audio System needs replacement * 25 year old system ■ If system fails - 30-60 days with no audio system - No microphones - Recording possible but poor quality %ftm %bM Eh Future Considerations: New System Cost - approximately $70,000, projected for 2011 Budget ■ Includes streaming audio �. Includes agenda book marking A Video component increases system costs by $120,000, with possible $60,000 contribution from Wave Broadband under the current Franchise Agreement. ..� Audio Recording Access 19 Demonstration ��TT What Next? Direction from Council: ■ Continue with Action Minutes? 19 ■ If so, consider format and policy options • • CITY COUNCIL MEETING Port Angeles, Washington April 6, 2010 CALL TO ORDER- Mayor Di Guilio called the regular meeting of the Port Angeles City Council to REGULAR MEETING: order at 6:00 p.m. ROLL CALL: _bfembers Present: Mayor Di Guilio: Deputy Mayor Perry, Councilmembers Collins. Downie. Kidd. and Mania. 111'embers.4bsent: Councilmember Nelson [Attended via speakerphone from 7:32 p.m. to 7:5-5 p.m.] StaffPresent. Manager Myers, Attorney Bloor, Clerk Hurd, G. Cutler, N. West, Y. Ziomkowski; K. Dubuc, B. Smith, T. Pierce. T. Peppard, C. Delikat, D. Dickson, H. Greenwood, M. Puntenney, G. McCabe, T. McCabe, J. Klarr. B. Wahto, B. Rowley, L. Deane, T. Beckett, T. Eisele, R. Hixson, B. Robinson, J. Shay, D. Halsey, V. Daugaard, and B. Williams. Mayor Di Guilio stated that Councilmember Nelson was out of town and had previously asked to be excused from tonight's Council meeting. He also stated that she would be attending via speaker phone for Finance Agenda Item L1, Metropolitan Area Network (MANN Services Agreement. It was moved by Perry and seconded by Kidd to: Excuse Councilmember Kidd's absence from the April 6, 2010 City Council meeting_ Motion carried 6-0. PLEDGE OF The Pledae of Alleeiance to the Flag was led by Councilmember Kidd. ALLEGIANCE: CEREMONIAL 1. Sexual Assault Awareness Month Proclamation NLATTERSt PROCLAINIATIONS/ Mayor Di Guilio presented Becca Korby, Executive Director of Healthy Families, & EMPLOYEE with a Proclamation designating April 2010 as Sexual Assault Awareness month. RECOGNITIONS: Becca Korby thanked the mayor for the designation and spoke regarding Sexual Assault Awareness Month. v Occupational Therapy Month Proclamation Mayor Di Guilio presented Linda Williamson, from Strait Occupational Therapy, with a Proclamation designating April 2010 as Occupational Therapy month. F-1 CITY COUNCIL MEETING April 6, 2010 CEREJIONLAL 3. Journeyman Lineman Certification MATTERS/ PROCLANMATIONS/ Mayor Di Guilio, Public Works & Utilities Director Cutler, LiOit Operations S EMP1,OYEE Manager Klatr, and Tani Biale from the Washington State's LRI Electrical RECOGNITIONS: Apprenticeship Committee presented Greg McCabe with his Journeyman Lineman (Cont'd) Certification. PUBLIC COMMENT: Lynette George, Seabeck, WA, spoke regarding the Blue Star Banner Program. Norma Turner, 4925 Mt. Angeles Rd, spoke regarding the Metropolitan Area Network Services Agreement. Mike McCarty, 4920 S. Mountain Terrace Way, spoke regarding the Metropolitan Area Network Services Agreement and the Economic Development Summit meeting. CITY COUNCIL Councilmember Mania spoke regarding his attendance at the dedication of the Port REPORTS: Angeles Rater Treatment Plant, his attendance at KONP with Manager Myers on April 5, 2010_ and the Council's trip to the City of Bremerton on March 24, 2010. Councilmember Downie also spoke regarding the trip to Bremerton, and the Council's attendance at the Economic Development Summit. Deputy Mayor Perry spoke regarding his and the Mayor's attendance at the recent Farmer's Market, and the Real Estate Committee meeting. Councilmember Collins spoke regarding the Peninsula Development District meeting, Rural Conservation Development District meeting, and the Economic Development Summit activities. Councilmember Kidd spoke regarding Norm Dick's attendance at the dedication of the Port Angeles Water Treatment Plant and his visit to the Old Fire Hall. Mayor Di Guilio spoke regarding his and Manager Myers plan to attend the upcoming Outdoor Show in Victoria, BC, where they will be working at the Port Angeles Chamber of Commerce booth. WORK SESSION: 1. Municipal Court City Attorney Bloor provided a PowerPoint presentation on the possibility of the City of Port Arrgcics establishing its own Municipal Court, contracting with the City of Sequin to share a Municipal Court, or staying with the County's District court. Following Council discussion It was moved by Mania and seconded by Downie to: Direct staff to explore the Municipal Court options further and report back to Council. Motion carried 6-0. F-2 L CITY COUNCIL MEETING April 6:2010 LATE ITEMS TO BE Mayor Di Guilio added the discussion of moving up the starting time for the City PLACED ON THIS OR Council Budget Retreat on April 17, 2010, from 10:00 a.m. to 9:00 a.m. FUTURE AGENDAS: Council agreed by consensus to start the City Council Budget Retreat on April 17, 2010, at 9:00 a.m. CONSENT AGENDA: It was moved by Perry and seconded by Downie to approve the Consent Agenda to include: 1.) City Council Meeting Minutes of March 18, and 24, 2010: Resolution No. 09-10 2.) Expenditure Approval List from 3!6110 to 3!26!10 for $2,540,760.51-.3.) Street Vacation Petition— 10-02 Munkeby — Portion of Nantucket Avenue — Resolution No. 09-10 to Set Public. Hearing: 4.) Appointments to Parks, Recreation R Beautification Commission; 5.) Community Development Fund Closure - First Reading of Ordinance entitled AN ORDINANCE of the City of Pon Angeles. Washington, closing the Community Development Fund, and repealing Section 3.21.010 PAMC; and 6.) Final Acceptance of Design Work Performed Under Public Works Trust Fund Loan Number PW -07 -962 -PRE -117_ Motion carried 6-0. ORDINANCES NOT 1. Lincoln Street Banner Program — Ordinance Amending Title 8 of the Port REQUIRING PUBLIC Angeles Municipal Code HEARINGS: Community and Economic Director West asked for a second reading of the Ordinance No. 3395 Ordinance and introduced Mike Sturgeon from Wave Broadband. informing Council that he was available for questions. Mayor Di Guilio conducted a second reading of the Ordinance by title, entitled, 0 ORDINANCE NO. 3395 AN ORDINANCE of the City of Port Angeles, Washington. revising Chapter 8.30 of the Port Angeles Municipal Code relating to Nuisances.y Following Council discussion. It was moved by Perry and seconded by Kidd to: Adopt the Ordinance as read kvktle. (� Motion carried 6-0. Amendment to Ordinance 3 394!Section 5, Lipman -Stone Street Vacation Petition STV 09-05 Portion of Vine Street Director West presented the Amendment to Ordinance 3394, stating that the amendment provided independence between the two petitioners of the original Street Vacation. v Mayor Di Guilio conducted a first reading of the Ordinance by title, entitled, ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending Ordinance No. 3394. F-3 CITY COUNCIL MEETING April 6, 2010 RESOLUTIONS NOT None. REQUIRING PUBLIC HEARINGS: OTHER None. CONSIDERATIONS: PUBLIC HEARINGS — None. QUASI-JUDICL-XL: PUBLIC HEARINGS- 1. Industrial Wastewater Pretreatment Program Ordinance, Extend Public OTHER: Hearing It was moved by Collins and seconded by Mania to Postpone the public hearing and second reading of the Ordinance to April 20, 2010. Motion carried 6-0. 2. Steet Vacation Petition — STV 09-06 1 Pelett-Hazel / Madrona Alley and Portion of Hazel Street This Petition has been withdrawn. Break Mayor Di Guilio recessed the meeting for a break at 7:23 p.m. The meeting reconvened at 7:32 p.m. Mayor Di Guilio recognized Councilmember Nelson's attendance via speakerphone at 7:23 p.m. FINANCE: 1. Metropolitan Area Network (MAN) Services Agreement Director Cutler introduced Deputy Director of Power Systems Dunbar, who used PowerPoint slides to present a cost summary of the differences between a five-year and seven-year agreement with Capacity Provisioning. Inc. Follov.,ing Council discussion, It was moved by Perry and seconded by Di Guilio to: Authorize the Mayor to sign the Metropolitan Area Network Services Agreement with Capacity Provisioning, Inc., based on a 7 -year term. Following Council discussion, the question was called by Deputy Mayor Perry. Motion carried 5-2, -*Ath Councilmembers Kidd and Mania voting in opposition. Councilmember Nelson left the meeting via speakerphone at 7:55 p.m. 4 F-4 • • :7 CITY COUNCIL MEETING April 6. 2010 • FINANCE: 2. Consultant Agreement for Civic Field Facility Assessment r Project PK04- � J (Cont'd) 2007 Director Cutler discussed the need for a facility assessment to determine the overall repair and replacement needs of Civic Field. Following Council discussion, It was moved by Mania and seconded by Collins to: Authorize the Mayor to sign an agreement with Bruce Dees & Associates for professional services in the amount of $30:000, and allocate an additional 510,000 from the Park Improvement Fund. Following Council discussion, Motion carried 6-0. INFORMATION: Manager Myers spoke regarding the Police Department's Annual report, Council's need to notify staff regarding attendance at committee meetings that would create a quorum: the Budget Retreat meeting, the Joint City Council meeting with the City of Sequim, Council's attendance at the Economic Development Summit; the groundbreaking ceremony for the Maloney Heights Subdivision, PenPly and the volunteers needed to paint the PenPiy building on May 1: 2010; Virtual Presentation on the Waterfront Improvements, and the Harbor Planning Effort committee meetings, including the need for a Council representative for the committee. Councilmember Downie stated that he would help provide volunteers for the PenPly Building painting on May 1: 2010. Councilmember Mania stated that the • Port Angeles Arts Council would like to see the Virtual Presentation on the Waterfront Improvements. Mayor Di Guilio stated that the City of Victoria, BC: was also interested in our Downtown Improvements. EXECUTINT SESSION: None. ADJOURNMENT: Mayor Di Guilio adjourned the meeting at 5:10 p.m. Dan Di Guilio: Mayor • Janessa Hurd, Cite Clerk F-5 aC`` Date: 4/14/2010 City of Port Angeles Wb-��� City Council Expenditure Report From: 3127/2010 To: 4/9/2010 Vendor CLALLAM CNTY TREASURER GRAPHIC PRODUCTS Barb Weekes Cheryl Winney Rhonda Curry Shellie Baskins Terri Hill QUALIFICATION TARGETS INC WASHINGTON STATE TREASURER ADVANCED TRAVEL Legislative ADVANCED TRAVEL AT&T BUSINESS SERVICE QWEST City Manager Department AT&T BUSINESS SERVICE QWEST City Manager Department AT&T BUSINESS SERVICE WSU, Conference Management QWEST City Manager Department Description CVCA TO CLALLAM CO LAMINATE POUCHES CLUBHOUSE DEPOSIT REFUND LOOMIS DEPOSIT REFUND CHE VBCC MR DEPOSIT REFUND RH LOOMIS DEPOSIT RENTAL BAS LOOMIS DEPOSIT REFUND HIL TARGETS FOR RANGE QUALIFI BUILDING SURCHARGE FEB -10 DIST CT REV TO ST TREA CSO/Waterfront Mtg-City NLC Conf-Kidd Mayor & Council Legislative Sister Cities Mtg-Myers NLC Conf-Myers 3-13 A/C 017 213-4468 001 3-14 AIC 3604576684085B 3-14 A/C 3604570411199B 3-23 A/C 206T310164584B 3-16 A/C 206T359336570B 3-23 A/C 206T302306084B City Manager Office 3-13 A/C 017 213-4468 001 3-14 A/C 3604576684085B 3-14 A/C 3604570411199B 3-23 A/C 206T310164584B 3-16 A/C 206T35933657013 3-23 A/C 206T302306084B Human Resources 3-13 A/C 017 213-4468 001 NW CLERKS INST. PD I CLAS 3-14 A/C 3604576684085B 3-14 A/C 3604570411199B 3-23 AIC 206T310164584B 3-16 A/C 206T35933657013 3-23 A/C 206T302306084B City Clerk City Manager Department Account Number 001-0000-229.40-00 001-0000-237.00-00 001-0000-239.10-00 001-0000-239.10-00 001-0000-239.10-00 001-0000-239.10-00 001-0000-239.10-00 001-0000-237.00-00 001-0000-229.10-00 001-0000-229.30-00 Division Total: Department Total: 001-1160-511.43-10 001-1160-511.43-10 Division Total: Department Total: 001-1210-513.43-10 001-1210-513.43-10 001-1210-513.42-10 001-1210-513.42-10 001-1210-513.42-10 001-1210-513.42-10 001-1210-513.42-10 001-1210-513.42-10 Division Total: 001-1220-516.42-10 001-1220-516.42-10 001-1220-516.42-10 001-1220-516.42-10 001-1220-516.42-10 001-1220-516.42-10 Division Total: 001-1230-514.42-10 001-1230-514.43-10 001-1230-514.42-10 001-1230-514.42-10 001-1230-514.42-10 001-1230-514.42-10 001-1230-514.42-10 Division Total: Department Total: Invoice Amount 288.76 -7.60 50.00 50.00 50.00 50.00 50.00 -33.80 90.00 12,749.71 $13,337.07 $13,337.07 172.05 858.38 $1,030.43 $1,030.43 15.85 1,351.99 3.52 7.07 110.41 27.82 27.82 20.37 $1,564.85 0.70 1.42 22.08 5.56 5.56 4.08 $39.40 0.35 975.00 0.71 11.04 2.78 2.78 2.04 $994.70 $2,598.95 ADVANCED TRAVEL SNW Conf-YZ/BH 001-2010-514.43-10 34.65 F-6 Page 1 • • <•or �c•°�'r,Date: 4/14/2010 City of Port Angeles City Council Expenditure Report • 'y '�*`' ^ From: 3/27/2010 To: 4/9/2010 Vendor Description Account Number Invoice Amount APT US&C DUES 5/1/10 THRU 4/30/11 001-2010-514.49-01 170.00 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 001-2010-514.42-10 2.46 GOVT FINANCE OFFCRS ASN GFOA NEWSLTR SUBSCRIPTION 001-2010-514.49-01 55.00 QWEST 3-14 A/C 3604576684085B 001-2010-514.42-10 4.95 3-14 A/C 3604570411199B 001-2010-514.42-10 77.28 3-23 A/C 206T310164584B 001-2010-514.42-10 19.48 3-16 A/C 206T359336570B 001-2010-514.42-10 19.48 3-23 A/C 206T30230608413 001-2010-514.42-10 14.28 Finance Department Finance Administration Division Total: $397.58 ADVANCED TRAVEL SNW Conf-YZ/BH 001-2023-514.43-10 34.65 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 001-2023-514.42-10 3.17 OLYMPIC STATIONERS INC INDICES 001-2023-514.31-01 18.38 PACIFIC OFFICE EQUIPMENT INC TONER CARTRIDGE/POSSINGER 001-2023-514.31-01 162.83 QWEST 3-14 A/C 3604576684085B 001-2023-514.42-10 6.37 3-14 A/C 36045704111998 001-2023-514.42-10 99.36 3-23 A/C 206T310164584B 001-2023-514.42-10 25.04 3-16 A/C 206T359336570B 001-2023-514.42-10 25.04 3-23 A/C 206T302306084B 001-2023-514.42-10 18.35 UNITED PARCEL SERVICE Shipping Chgs pe 4-3 001-2023-514.42-10 19.84 Shipping Chgs pe 4-3 001-2023-514.42-10 9.86 Finance Department Accounting Division Total: $422.89 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 001-2025-514.42-10 4.57 DATABAR INCORPORATED CYCLES 11-15 3/18/10 001-2025-514.41-50 1,904.67 CYCLES 16-20 3/25/10 001-2025-514.41-50 1,530.33 DIGITAL IMAGING SOLUTIONS INC MARCH COPY COSTS 001-2025-514.45-31 17.36 EQUIFAX CREDIT REPORTS 001-2025-514.41-50 61.79 FEDERAL EXPRESS CORP Shipping Chgs pe 3-26 001-2025-514.42-10 10.31 GREAT AMERICA LEASING CORP MARCH COPIER LEASE 001-2025-514.45-31 123.22 PACIFIC OFFICE EQUIPMENT INC CASH REGISTER RIBBONS 001-2025-514.31-01 87.80 PEN PRINT INC DELINQUENCY NOTICES 001-2025-514.31-01 731.70 QWEST 3-14 A/C 3604576684085B 001-2025-514.42-10 9.20 3-14 A/C 36045704111998 001-2025-514.42-10 143.52 3-23 A/C 206T310164584B 001-2025-514.42-10 36.17 3-16 A/C 206T359336570B 001-2025-514.42-10 36.17 3-23 A/C 206T302306084B 001-2025-514.42-10 26.51 VERIZON WIRELESS 03-13 a/c 271272753-00001 001-2025-514.42-10 70.96 Finance Department Customer Service Division Total: $4,794.28 DIGITAL IMAGING SOLUTIONS INC MARCH COPY COSTS 001-2080-514.45-31 472.40 GREAT AMERICA LEASING CORP MARCH COPIER LEASE 001-2080-514.45-31 268.55 MARCH COPIER LEASE 001-2080-514.45-31 143.72 • MARCH COPIER LEASE 001-2080-514.45-31 638.27 MARCH COPIER LEASE 001-2080-514.45-31 607.63 F-7 Page 2 ,Ec•4t �'rA'rr Date: 4/14/2010 .�� City of Port Angeles City Council Expenditure Report fr •� From: 3/27/2010 To: 4/9/2010 Vendor Description Account Number Invoice Amount MORNINGSIDE MARCH COPY RM SERVICES 001-2080-514.41-50 855.00 UNITED PARCEL SERVICE Shipping Chgs pe 4-3 001-2080-514.42-10 80.00 Finance Department Reprographics Division Total: $3,065.57 Finance Department Department Total: $8,680.32 ADVANCED TRAVEL CSO Meeting-Bloor 001-3010-515.43-10 80.20 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 001-3010-515.42-10 2.11 DIGITAL IMAGING SOLUTIONS INC MARCH COPY COSTS 001-3010-515.45-31 22.48 GREAT AMERICA LEASING CORP COPIER LEASE 001-3010-515.45-31 163.47 QUILL CORPORATION TONER CARTRIDGE,SUPPLIES 001-3010-515.31-01 212.30 QWEST 3-14 A/C 3604576684085B 001-3010-515.42-10 4.25 3-14 A/C 3604570411199B 001-3010-515.42-10 66.24 3-23 A/C 206T310164584B 001-3010-515.42-10 16.69 3-16 A/C 206T359336570B 001-3010-515.42-10 16.69 3-23 A/C 206T302306084B 001-3010-515.42-10 12.24 Attorney Attorney Office Division Total: $596.67 CLALLAM CNTY SHERIFFS DEPT FEBRUARY JAIL BILL 001-3012-598.51-23 47,762.91 Attorney Jail Contributions Division Total: $47,762.91 ADVANCED TRAVEL DRE Trng-Greenwood 001-3021-515.43-10 58.50 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 001-3021-515.42-10 1.41 CLALLAM CNTY DIST 1 COURT D.CT. MARCH FILING FEES 001-3021-515.50-90 9,138.00 CLALLAM PUBLIC DEFENDER Public Defender Fees 001-3021-515.41-50 3,888.72 DIGITAL IMAGING SOLUTIONS INC MARCH COPY COSTS 001-3021-515.45-31 22.48 GREAT AMERICA LEASING CORP COPIER LEASE 001-3021-515.45-31 163.47 MYERS, STAN INDIGENT DEFENSE OVERAGE 001-3021-515.50-90 3,615.00 QUILL CORPORATION TONER CARTRIDGE,SUPPLIES 001-3021-515.31-01 212.30 QWEST 3-14 A/C 3604576684085B 001-3021-515.42-10 2.83 3-14 A/C 3604570411199B 001-3021-515.42-10 44.16 3-23 A/C 206T310164584B 001-3021-515.42-10 11.13 3-16 A/C 206T359336570B 001-3021-515.42-10 11.13 3-23 A/C 206T302306084B 001-3021-515.42-10 8.16 Attorney Prosecution Division Total: $17,177.29 Attorney Department Total: $65,536.87 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 001-4010-558.42-10 2.64 DAILY JOURNAL OF COMMERCE ADVERTISEMENT SHORELINE M 001-4010-558.43-10 140.00 LINCOLN STREET STATION SHIPPING COSTS 001-4010-558.31-01 36.98 PENINSULA DAILY NEWS LEGAL ADS 001-4010-558.44-10 513.04 LEGAL ADS 001-4010-558.44-10 29.23 QWEST 3-14 A/C 3604576684085B 001-4010-558.42-10 5.31 3-14 A/C 36045704111998 001-4010-558.42-10 82.80 3-23 A/C 206T310164584B 001-4010-558.42-10 20.87 3-16 A/C 206T359336570B 001-4010-558.42-10 20.87 3-23 A/C 206T302306084B 001-4010-558.42-10 15.30 F-8 Page 3 Date: 4/14/2010 City of Port Angeles City Council Expenditure Report • `'�` � From: 3/27/2010 To: 4/912010 Vendor Description Account Number Invoice Amount WA STATE DEPARTMENT OF ECOLOGY SHORELINE UPDATE WORKSHOP 001-4010-558.43-10 125.00 Community Development Planning Division Total: $992.04 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 001-4020-524.42-10 0.91 DELL MARKETING LP COMPUTER HARDWARE&PERIPH1001-4020-524.31-60 1,089.05 DIGITAL IMAGING SOLUTIONS INC MARCH COPY COSTS 001-4020-524.45-31 17.36 GREAT AMERICA LEASING CORP MARCH COPIER LEASE 001-4020-524.45-31 123.21 QWEST 3-14 A/C 36045766840858 001-4020-524.42-10 1.84 3-14 A/C 3604570411199B 001-4020-524.42-10 28.70 3-23 A/C 206T310164584B 001-4020-524.42-10 7.23 3-16 A/C 206T359336570B 001-4020-524.42-10 7.23 3-23 A/C 206T302306084B 001-4020-524.42-10 5.30 Community Development Building Division Total: $1,280.83 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 001-4030-559.42-10 0.14 QWEST 3-14 A/C 3604576684085B 001-4030-559.42-10 0.28 3-14 A/C 3604570411199B 001-4030-559.42-10 4.42 3-23 A/C 206T310164584B 001-4030-559.42-10 1.11 3-16 A/C 206T359336570B 001-4030-559.42-10 1.11 3-23 A/C 206T302306084B 001-4030-559.42-10 0.82 Community Development Code Compliance Division Total: $7.88 Community Development Department Total: $2,280.75 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 001-5010-521.42-10 5.63 GLOBALSTAR USA 3-16 a/c 1.50018856 001-5010-521.42-10 42.01 Blue Book L.E. Directories LAW ENFORCEMENT DIRECTORI 001-5010-521.31-01 34.95 PORT ANGELES POLICE DEPARTMENT LE Advisory Board 001-5010-521.31-01, 35.40 QWEST 3-14 A/C 3604576684085B 001-5010-521.42-10 11.32 3-14 A/C 3604570411199B 001-5010-521.42-10 176.64 3-23 A/C 206T310164584B 001-5010-521.42-10 44.52 3-16 A/C 206T359336570B 001-5010-521.42-10 44.52 3-23 A/C 206T302306084B 001-5010-521.42-10 32.63 Police Department Police Administration Division Total: $427.62 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 001-5021-521.42-10 3.52 EVERGREEN TOWING AUTO MAJOR TRANSPORTATION 001-5021-521.49-90 184.82 OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 001-5021-521.31-01 39.40 PORT ANGELES POLICE DEPARTMENT Bridge Toll 001-5021-521.43-10 4.00 QWEST 3-14 A/C 3604576684085B 001-5021-521.42-10 7.08 3-14 A/C 36045704111996 001-5021-521.42-10 110.40 3-23 A/C 206T310164584B 001-5021-521.42-10 27.82 3-16 A/C 206T359336570B 001-5021-521.42-10 27.82 3-23 A/C 206T302306084B 001-5021-521.42-10 20.39 Police Department Investigation Division Total: $425.25 ADVANCED TRAVEL K-9 Seminar-Brusseau 001-5022-521.49-80 476.30 APPLIED CONCEPTS INC VEH POWER CABLE FOR RADAR 001-5022-521.48-10 43.36 F-9 Page 4 ``rati:2r Date: 4/14/2010 City of Port Angeles City Council Expenditure Report `' •-�.T.�'y From: 3/27/2010 To: 4/9/2010 • Vendor Description Account Number Invoice Amount AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 001-5022-521.42-10 9.85 BLUMENTHAL UNIFORMS & EQUIP CLOTHING & APPAREL 001-5022-521.20-80 263.88 POLICE EQUIPMENT & SUPPLY 001-5022-521.31-11 -155.26 POLICE EQUIPMENT & SUPPLY 001-5022-521.31-11 62.82 FREEMAN, DENISE SUMMER WT JMPSUIT D MAYNA 001-5022-521.20-80 404.75 LINCOLN STREET STATION POSTAGE TO RETURN VEH COM 001-5022-521.42-10 56.42 Eric Smith RADIO EARMOLD FOR E SMITH 001-5022-521.31-14 37.05 Dooley Enterprises, Inc. 40 CASES SW JACKETED AMMO 001-5022-521.31-80 1,540.00 PEN PRINT INC OFFICE SUPPLIES, GENERAL 001-5022-521.31-01 209.56 PORT ANGELES POLICE DEPARTMENT Ear Plugs 001-5022-521.31-01 14.62 Paint Buckets -Evidence 001-5022-521.31-80 42.34 PROFORCE LAW ENFORCEMENT POLICE EQUIPMENT & SUPPLY 001-5022-521.31-80 2,389.46 QUALIFICATION TARGETS INC TARGETS FOR RANGE QUALIFI 001-5022-521.31-80 436.18 QWEST 3-14 A/C 3604576684085B 001-5022-521.42-10 19.81 3-14 A/C 360457041 1 1 99B 001-5022-521.42-10 309.12 3-23 A/C 206T310164584B 001-5022-521.42-10 77.91 3-16 A/C 206T35933657013 001-5022-521.42-10 77.91 3-23 A/C 206T302306084B 001-5022-521.42-10 57.10 SWAIN'S GENERAL STORE INC CLOTHING & APPAREL 001-5022-521.20-80 249.18 OFFICE SUPPLIES, GENERAL 001-5022-521.31-01 13.02 Police Department Patrol Division Total: $6,635.38 PORT ANGELES POLICE DEPARTMENT AARP Driving Course 001-5026-521.31-01 12.00 Dry Cleaning Uniforms 001-5026-521.31-11 25.97 Police Department Reserves & Volunteers Division Total: $37.97 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 001-5029-521.42-10 3.52 CANON USA. INC OFFICE MACHINES & ACCESS 001-5029-521.45-31 769.42 DELL MARKETING LP COMPUTER HARDWARE&PERIPH1001-5029-521.31-60 1,314.86 EgoExpress 0 TENSION MOUSE C.JACOBI 001-5029-521.31-01 66.29 PACIFIC OFFICE EQUIPMENT INC OFFICE MACHINES & ACCESS 001-5029-521.45-31 82.31 OFFICE MACHINES & ACCESS 001-5029-521.45-31 131.26 QUILL CORPORATION OFFICE SUPPLIES, GENERAL 001-5029-521.31-01 191.76 QWEST 3-14 A/C 3604576684085B 001-5029-521.42-10 7.08 3-14 A/C 3604570411199B 001-5029-521.42-10 110.40 03-23 a/c 206TO31979835B 001-5029-521.42-10 64.74 03-20 a/c 206Z200017790B 001-5029-521.42-10 199.03 3-23 A/C 206T310164584B 001-5029-521.42-10 27.82 3-16 A/C 206T359336570B 001-5029-521.42-10 27.82 3-23 A/C 206T302306084B 001-5029-521.42-10 20.39 SWAIN'S GENERAL STORE INC OFFICE SUPPLIES, GENERAL 001-5029-521.31-01 10.70 Police Department Records Division Total: $3,027.40 Police Department Department Total: $10,553.62 • AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 001-6010-522.42-10 4.92 F-10 Page 5 Date: 4/14/2010 City of Port Angeles City Council Expenditure Report • "''��A''' From: 312712010 To: 41912010 Vendor Description Account Number Invoice Amount AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 001-6010-522.42-11 1.41 CANON USA, INC CONTRACT 001-6010-522.45-31 190.69 GREAT AMERICA LEASING CORP MARCH COPIER LEASE 001-6010-522.45-31 213.03 PACIFIC OFFICE EQUIPMENT INC TONER 001-6010-522.31-01 71.59 CANON 001-6010-522.45-31 15.23 CANON 001-6010-522.45-31 96.51 PORT ANGELES FIRE DEPARTMENT COMPUTER SUPPLIES 001-6010-522.31-01 17.51 SUPPLIES 001-6010-522.31-01 37.48 PAPER 001-6010-522.31-01 4.68 QWEST 3-14 A/C 3604576684085B 001-6010-522.42-10 9.91 3-14 A/C 3604570411199B 001-6010-522.42-10 154.57 3-23 A/C 206T310164584B 001-6010-522.42-10 38.95 3-16 A/C 206T359336570B 001-6010-522.42-10 38.95 3-23 A/C 206T302306084B 001-6010-522.42-10 28.55 3-14 A/C 3604576684085B 001-6010-522.42-11 2.83 3-14 A/C 3604570411199B 001-6010-522.42-11 44.16 3-23 A/C 206T310164584B 001-6010-522.42-11 11.13 3-16 A/C 206T359336570B 001-6010-522.42-11 11.13 3-23 A/C 206T302306084B 001-6010-522.42-11 8.16 • UNITED PARCEL SERVICE Shipping Chgs pe 4-3 001-6010-522.42-10 15.91 Fire Department Fire Administration Division Total: $1,017.30 AT&T BUSINESS SERVICE 3-13 A/C 017 2134468 001 001-6020-522.42-10 4.57 BLUMENTHAL UNIFORMS & EQUIP CLOTHING & APPAREL 001-6020-522.31-11 217.78 CURTIS & SONS INC, L N PORTABLE LIGHT 001-6020-522.31-01 327.70 Mike Sanders CLOTHING ALLOWANCE REIMBU 001-6020-522.20-80 112.49 Terry Reid CLOTHING ALLOWANCE REIMBU 001-6020-522.20-80 27.90 Tyler Bieker CLOHTING ALLOWANCE REIMBU 001-6020-522.31-11 169.95 OLYMPIC STATIONERS INC SUPPLIES 001-6020-522.31-01 18.53 PORT ANGELES FIRE DEPARTMENT KEYS 001-6020-522.31-02 4.05 QWEST 3-14 A/C 36045766840858 001-6020-522.42-10 9.20 3-14 A/C 3604570411199B 001-6020-522.42-10 143.52 3-23 A/C 206T310164584B 001-6020-522.42-10 36.17 3-16 A/C 206T359336570B 001-6020-522.42-10 36.17 3-23 A/C 206T302306084B 001-6020-522.42-10 26.51 SWAIN'S GENERAL STORE INC CLOTHING & APPAREL 001-6020-522.20-80 86.58 RENTAULEASE EQUIPMENT 001-6020-522.31-02 4.20 MACHINERY & HEAVY HRDWARE 001-6020-522.31-02 5.65 Fire Department Fire Supression Division Total: $1,230.97 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 001-6021-522.42-10 0.35 BRD FOR VOLUNTEER FIREFIGHTERS REMITTANCE VOL FF RELIEF 001-6021-522.49-01 1,620.00 Ryan Hopper REIMBURSE TUITION 001-6021-522.43-10 252.10 QWEST 3-14 A/C 3604576684085B 001-6021-522.42-10 0.71 F-11 Page 6 ' •* �'� City of Port Angeles City Council Expenditure Report From: 3127/2010 To: 41912010 Date: 4/14/2010 Vendor Description Account Number Invoice Amount QWEST 3-14 A/C 3604570411199B 001-6021-522.42-10 11.04 3-23 A/C 206T310164584B 001-6021-522.42-10 2.78 3-16 A/C 206T359336570B 001-6021-522.42-10 2.78 3-23 A/C 206T302306084B 001-6021-522.42-10 2.04 Fire Department Fire Volunteers Division Total: $1,891.80 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 001-6030-522.42-10 0.70 QWEST 3-14 A/C 3604576684085B 001-6030-522.42-10 1.41 3-14 A/C 3604570411199B 001-6030-522.42-10 22.08 3-23 A/C 206T310164584B 001-6030-522.42-10 5.56 3-16 A/C 206T359336570B 001-6030-522.42-10 5.56 3-23 A/C 206T302306084B 001-6030-522.42-10 4.08 Fire Department Fire Prevention Division Total: $39.39 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 001-6040-522.42-10 0.70 OLYMPIC STATIONERS INC SUPPLIES 001-6040-522.31-01 22.85 QWEST 3-14 A/C 3604576684085B 001-6040-522.42-10 1.41 3-14 A/C 3604570411199B 001-6040-522.42-10 22.08 3-23 A/C 206T310164584B 001-6040-522.42-10 5.56 3-16 A/C 206T3593365706 001-6040-522.42-10 5.56 3-23 A/C 206T30230608413 001-6040-522.42-10 4.08 WHEELER, CORAL SUPPLIES 001-6040-522.31-01 52.63 Fire Department Fire Training Division Total: $114.87 FERRELLGAS INC FUEL 001-6050-522.47-10 576.56 RENTAL 001-6050-522.47-10 1.08 KNIGHT FIRE PROTECTION INC ANNUAL INSPECTION 001-6050-522.48-10 156.00 MRS CLEAN SUPPLIES 001-6050-522.31-01 143.02 PORT ANGELES FIRE DEPARTMENT SOAP 001-6050-522.31-20 49.83 SWAIN'S GENERAL STORE INC RENTAULEASE EQUIPMENT 001-6050-522.31-02 27.90 Fire Department Facilities Maintenance Division Total: $954.39 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 001-6060-525.42-10 3.17 QWEST 3-14 A/C 3604576684085B 001-6060-525.42-10 6.37 3-14 A/C 3604570411199B 001-6060-525.42-10 99.36 3-23 A/C 206T31016458413 001-6060-525.42-10 25.04 3-16 A/C 206T359336570B 001-6060-525.42-10 25.04 3-23 A/C 206T30230608413 001-6060-525.42-10 18.35 WHEELER, CORAL SUPPLIES 001-6060-525.31-01 63.85 Fire Department Emergency Management Division Total: $241.18 Fire Department Department Total: $5,489.90 ADVANCED TRAVEL APWA Conf-Cutler 001-7010-532.43-10 465.17 APWA Conf-Sperr 001-7010-532.43-10 476.67 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 001-7010-532.42-10 10.91 DELL MARKETING LP COMPUTER HARDWARE&PERIPH1001-7010-532.31-60 1,514.24 COMPUTER HARDWARE&PERIPH1001-7010-532.31-60 1,342.18 F-12 Page 7 Vendor DELL MARKETING LP DIGITAL IMAGING SOLUTIONS INC GRAPHIC PRODUCTS GREAT AMERICA LEASING CORP PENINSULA DAILY NEWS QWEST VERIZON WIRELESS Public Works -Gen Fnd ADVANCED TRAVEL ASM SIGNS AT&T BUSINESS SERVICE DIGITAL IMAGING SOLUTIONS INC .LITHTEX NW, LLC OLYMPIC STATIONERS INC QWEST VERIZON WIRELESS Parks Dept AT&T BUSINESS SERVICE DIGITAL IMAGING SOLUTIONS INC GREAT AMERICA LEASING CORP QWEST Parks Dept AT&T BUSINESS SERVICE Date: 4/14/2010 City of Port Angeles City Council Expenditure Report From: 3/27/2010 To: 4/912010 Description Account Number Invoice Amount COMPUTER HARDWARE&PERIPH1001-7010-532.31-60 1,342.18 MARCH COPY COSTS 001-7010-532.45-31 1,605.60 LAMINATE POUCHES 001-7010-532.31-01 98.01 MARCH COPIER LEASE 001-7010-532.45-31 760.16 LEGAL ADS 001-7010-532.44-10 36.86 3-14 A/C 3604576684085B 001-7010-532.42-1.0 21.93 3-14 A/C 3604570411199B 001-7010-532.42-10 342.24 3-23 A/C 206T310164584B 001-7010-532.42-10 86.26 3-16 A/C 206T359336570B 001-7010-532.42-10 86.26 3-23 A/C 206T3023060846 001-7010-532.42-10 63.22 03-22 a/c 571136182-00001 001-7010-532.42-10 177.33 Pub Wks Administration Division Total: $8,429.22 Public Works -Gen Fnd Department Total: $8,429.22 Grant App Wkshop-Bonine 001-8010-574.43-10 34.50 MISC PROFESSIONAL SERVICE 001-8010-574.41-50 1,234.65 3-13 A/C 017 213-4468 001 001-8010-574.42-10 1.06 OFFICE MACHINES & ACCESS 001-8010-574.45-31 24.15 OFFICE MACHINES & ACCESS 001-8010-574.45-31 6.19 REC PROGRAM GUIDE 001-8010-574.49-60 3,777.74 OFFICE SUPPLIES, GENERAL 001-8010-574.3.1-01 10.44 OFFICE SUPPLIES, GENERAL 001-8010-574.31-01 141.53 3-14 A/C 3604576684085B 001-8010-574.42-10 2.12 3-14 A/C 36045704111998 001-8010-574.42-10 33.12 3-23 A/C 206T310164584B 001-8010-574.42-10 8.35 3-16 A/C 206T35933657013 001-8010-574.42-10 8.35 3-23 A/C 206T302306084B 001-8010-574.42-10 6.12 03-22 a/c 571136182-00005 001-8010-574.42-10 13.09 Parks Administration Division Total: $5,301.41 3-13 A/C 017 213-4468 001 001-8012-555.42-10 1.06 OFFICE MACHINES & ACCESS 001-8012-555.45-31 22.30 OFFICE MACHINES & ACCESS 001-8012-555.45-31 5.71 MARCH COPY COSTS 001-8012-555.45-31 58.93 MARCH COPIER LEASE 001-8012-555.45-31 171.55 3-14 A/C 3604576684085B 001-8012-555.42-10 2.12 3-14 A/C 3604570411199B 001-8012-555.42-10 33.12 03-14 a/c 3604577004947B 001-8012-555.42-10 40.69 03-20 a/r, 206T217227465B 001-8012-555.42-10 57.46 3-23 A/C 206T310164584B 001-8012-555.42-10 8.35 3-16 A/C 206T359336570B 001-8012-555.42-10 8.35 3-23 A/C 206T302306084B 001-8012-555.42-10 6.12 Senior Center Division Total: $415.76 3-13 A/C 017 213-4468 001 001-8050-536.42-10 0.70 F-13 Page 8 �•�'.�.`r°fir,, Date: 4/14/2010 City of Port Angeles r` City Council Expenditure Report From: 3/27/2010 To: 4/912010 • Vendor Description Account Number Invoice Amount MATTHEWS INTERNATIONAL CEMETERY MARKERS 001-8050-536.34-01 199.62 CEMETERY MARKERS 001-8050-536.34-01 195.07 Barbara Evans SELL BURIAL SPACE BACK TO 001-8050-343.60-12 637.00 John Evans SELL BURIAL SPACE BACK TO 001-8050-343.60-12 637.00 PENINSULA DAILY NEWS COMMUNICATIONS/MEDIA SERV 001-8050-536.44-10 381.60 QUIRING MONUMENTS INC CEMETERY MARKERS 001-8050-536.34-01 713.00 CEMETERY MARKERS 001-8050-536.34-01 1,888.00 CEMETERY MARKERS 001-8050-536.34-01 834.00 CEMETERY MARKERS 001-8050-536.34-01 920.00 CEMETERY MARKERS 001-8050-536.34-01 100.00 CEMETERY MARKERS 001-8050-536.34-01 100.00 CEMETERY MARKERS 001-8050-536.34-01 149.00 CEMETERY MARKERS 001-8050-536.34-01 201.00 QWEST 3-14 A/C 3604576684085B 001-8050-536.42-10 1.41 3-14 A/C 3604570411199B 001-8050-536.42-10 22.08 3-23 A/C 206T310164584B 001-8050-536.42-10 5.56 3-16 A/C 206T359336570B 001-8050-536.42-10 5.56 3-23 A/C 206T302306084B 001-8050-536.42-10 4.08 VERIZON WIRELESS 03-28 a/c 271138138-00001 001-8050-536.42-10 67.98 Parks Dept Ocean View Cemetery Division Total: $7,062.66 AMSAN OLYMPIC SUPPLY PAPER & PLASTIC-DISPOSABL 001-8080-576.31-01 1,892.01 PAPER & PLASTIC-DISPOSABL 001-8080-576.31-01 1,295.16 PLASTICS 001-8080-576.31-01 2,084.42 ANGELES MILLWORK & LUMBER CO JANITORIAL SUPPLIES 001-8080-576.31-01 13.63 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 10.04 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 001-8080-576.42-10 3.52 BAXTER AUTO PARTS #15 FUEL,OIL,GREASE, & LUBES 001-8080-576.31-01 83.60 FUEL,OIL,GREASE, & LUBES 001-8080-576.31-20 19.83 BENTLEY COMPANY, THE FASTENERS, FASTENING DEVS 001-8080-576.31-01 537.03 SHIPPING AND HANDLING 001-8080-576.31-01 12.92 BLAKE SAND & GRAVEL INC SEED, SOD,SOIL&INOCULANT 001-8080-576.31-40 65.04 CPS PROFESSIONAL PRODUCTS, INC SEED,SOD,SOIL&INOCULANT 001-8080-576.31-40 7,369.03 SEED, SOD,SOIL&INOCU LANT 001-8080-576.31-40 923.57 SEED,SOD,SOIL&INOCULANT 001-8080-576.31-40 -7,369.03 SEED, SOD,SOIL&INOCU LANT 001-8080-576.31-40 -923.57 ELMERS FLAG AND BANNER FLAGS, POLES, BANNERS,ACCES 001-8080-576.31-20 719.78 SHIPPING AND HANDLING 001-8080-576.31-20 36.86 FASTENAL INDUSTRIAL FASTENERS, FASTENING DEVS 001-8080-576.31-20 15.14 LINCOLN INDUSTRIAL CORP FASTENERS, FASTENING DEVS 001-8080-576.31-20 16.22 OLYSIGNS MARKERS, PLAQUES,SIGNS 001-8080-576.31-20 197.52 PAINT STORE, THE FLOOR COVERING, INSTALLED 001-8080-576.31-20 108.64 • PUGET SAFETY EQUIPMENT INC FIRST AID & SAFETY EQUIP. 001-8080-576.31-01 840.45 F-14 Page 9 Date: 4/14/2010 City of Port Angeles City Council Expenditure Report • '`k'=:%t. s From: 3/27/2010 To: 4/912010 Vendor Description Account Number Invoice Amount OWEST 3-14 A/C 3604576684085B 001-8080-576.42-10 7.08 3-14 A/C 3604570411199B 001-8080-576.42-10 110.40 3-23 A/C 206T310164584B 001-8080-576.42-10 27.82 3-16 A/C 206T359336570B 001-8080-576.42-10 27.82 3-23 A/C 206T302306084B 001-8080-576.42-10 20.39 SEARS COMMERCIAL ONE FASTENERS, FASTENING DEVS 001-8080-576.31-20 25.78 FLOOR MAINT MACHINE,PARTS 001-8080-576.35-01 810.81 SUNSET DO -IT BEST HARDWARE LAWN MAINTENANCE EQUIP 001-8080-576.31-01 86.79 LAWN MAINTENANCE EQUIP 001-8080-576.31-01 164.53 LAWN MAINTENANCE EQUIP 001-8080-576.31-01 34.84 FASTENERS, FASTENING DEVS 001-8080-576.31-20 87.02 LAWN MAINTENANCE EQUIP 001-8080-576.48-10 68.39 SWAIN'S GENERAL STORE INC HOSES, ALL KINDS 001-8080-576.31-20 103.86 TOMARK SPORTING & ATHLETIC EQUIP 001-8080-576.31-20 507.29 VERIZON WIRELESS 03-22 a/c 571136182-00003 001-8080-576.42-10 92.09 Parks Dept Park Facilities Division Total: .' $10,126.72 Parks Dept Department Total: $22,906.55 SUNSET DO -IT BEST HARDWARE FASTENERS, FASTENING DEVS 001-8112-555.31-20 18.71 Facilities Maintanance AMSAN OLYMPIC SUPPLY Senior Center Facilities PAPER & PLASTIC-DISPOSABL Division Total: 001-8130-518.31-01 $18.71 4,093.40 PLASTICS 001-8130-518.31-01 1,286.44 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 001-8130-518.42-10 0.35 QWEST 3-14 A/C 3604576684085B 001-8130-518.42-10 0.71 3-14 A/C 3604570411199B 001-8130-518.42-10 11.04 3-23 A/C 206T310164584B 001-8130-518.42-10 2.78 3-16 A/C 206T359336570B 001-8130-518.42-10 2.78 3-23 A/C 206T302306084B 001-8130-518.42-10 2.04 VERIZON WIRELESS 03-22 a/c 571136182-00005 001-8130-518.42-10 13.09 Facilities Maintanance Custodial/Janitorial Svcs Division Total: $5,412.63 ANGELES MILLWORK & LUMBER CO HAND TOOLS ,POW&NON POWER 001-8131-518.31-20 18.53 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 001-8131-518.42-10 0.35 ORKIN EXTERMINATING COMPANY INC EXTERNAL LABOR SERVICES 001-8131-518.48-10 69.50 PART WORKS INC, THE PLUMBING EQUIP FIXT,SUPP 001-8131-518.31-20 173.32 QWEST 3-14 A/C 3604576684085B 001-8131-518.42-10 0.71 3-14 A/C 3604570411199B 001-8131-518.42-10 11.04 03-16 a/c 206T355724768B 001-8131-518.42-10 57.46 3-23 A/C 206T310164584B 001-8131-518.42-10 2.78 3-16 A/C 206T359336570B 001-8131-518.42-10 2.78 3-23 A/C 206T302306084B 001-8131-518.42-10 2.04 03-20 a/c 206T813953623B 001-8131-518.42-10 53.45 • SCHMITT'S SHEET METAL INC METALS, BARS, PLATES, RODS 001-8131-518.31-20 48.78 METALS, BARS,PLATES,RODS 001-8131-518.48-10 29.47 F-15 Page 10 Date: 4/14/2010 City of Port Angeles '� loft City Council Expenditure Report From: 3/27/2010 To: 4/9/2010 is Vendor Description Account Number Invoice Amount SCHMITT'S SHEET METAL INC METALS, BARS, PLATES, RODS 001-8131-518.48-10 48.79 METALS, BARS, PLATES, RODS 001-8131-518.48-10 -29.47 Lodging Excise Tax METALS, BARS, PLATES, RODS 001-8131-518.48-10 -48.79 SWAIN'S GENERAL STORE INC JANITORIAL SUPPLIES 001-8131-518.31-20 48.51 THURMAN SUPPLY PLUMBING EQUIP FIXT,SUPP 001-8131-518.31-20 21.07 Facilities Maintanance Central Svcs Facilities Division Total: $510.32 Facilities Maintanance Department Total: $5,941.66 Page 11 • General Fund Fund Total: $146,785.34 PORT ANGELES CHAMBER OF COMM 10 MKTG & MEDIA CAMPAIGN 101-1430-557.50-83 9,643.29 Reimbursed in 2009-Seniuk 101-1430-557.50-83 -753.45 Lodging Excise Tax Lodging Excise Tax Division Total: $8,889.84 Lodging Excise Tax Department Total: $8,889.84 Lodging Excise Tax Fund Fund Total: $8,889.84 ADVANCED TRAVEL Pesticide Recert-Kaufmann 102-7230-542.43-10 190.80 Pesticide Recert-McCaleb 102-7230-542.43-10 190.80 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 102-7230-542.42-10 1.75 CORAL SALES COMPANY FASTENERS, FASTENING DEVS 102-7230-542.31-20 97.73 SHIPPING AND HANDLING 102-7230-542.31-20 109.76 HOLCOMB & COMPANY, D ROAD/HWY MAT NONASPHALTIC 102-7230-542.31-20 270.28 MORNINGSIDE BUILDING MAINT&REPAIR SER 102-7230-542.41-50 84.81 PACIFIC OFFICE EQUIPMENT INC RADIO & TELECOMMUNICATION 102-7230-542.31-01 21.63 PAINT STORE, THE FLOOR COVERING, INSTALLED 102-7230-542.31-20 217.29 PUGET SAFETY EQUIPMENT INC FIRST AID & SAFETY EQUIP. 102-7230-542.31-01 804.65 SHIPPING AND HANDLING 102-7230-542.31-01 18.31 QWEST 3-14 A/C 36045766840858 102-7230-542.42-10 3.54 3-14 A/C 3604570411199B 102-7230-542.42-10 55.20 3-23 A/C 206T310164584B 102-7230-542.42-10 13.91 3-16 A/C 206T359336570B 102-7230-542.42-10 13.91 3-23 A/C 206T302306084B 102-7230-542.42-10 10.20 TRAFFIC SAFETY SUPPLY CO MARKERS, PLAQUES,SIGNS 102-7230-542.31-25 40.65 SHIPPING AND HANDLING 102-7230-542.31-25 17.92 VERIZON WIRELESS 03-22 a/c 571136182-00003 102-7230-542.42-10 103.70 Public Works -Street Street Division Total: $2,266.84 Public Works -Street Department Total: $2,266.84 Street Fund Fund Total: $2,266.84 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 103-1511-558.42-10 0.18 CLALLAM CNTY ECONOMIC DEV CNCL 1ST QTR 2010 FUNDING 103-1511-558.41-50 3,750.00 QWEST 3-14 A/C 3604576684085B 103-1511-558.42-10 0.35 3-14 A/C 36045704111998 103-1511-558.42-10 5.52 3-23 A/C 206T310164584B 103-1511-558.42-10 1.39 3-16 A/C 206T359336570B 103-1511-558.42-10 1.39 3-23 A/C 206T302306084B 103-1511-558.42-10 1.02 F-16 Page 11 • 4314 City of Port Angeles Date: 4/14/2010 �►,., City Council Expenditure Report • %. �� From: 3/27/2010 To: 4/9/2010 Vendor Description Account Number Invoice Amount RED LION HOTEL -PORT ANGELES REFRESHMENT FOR EDC FUNCT 103-1511-558.31-01 169.31 Economic Development Economic Development Division Total: $3,929.16 Economic Development Department Total: $3,929.16 Economic Development Fund Total: $3,929.16 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 106-1512-558.42-10 0.35 QWEST 3-14 A/C 3604576684085B 106-1512-558.42-1.0 0.71 3-14 A/C 36045704111998 106-1512-558.42-10 11.04 3-23 A/C 206T310164584B 106-1512-558.42-10 2.78 3-16 A/C 206T359336570B 106-1512-558.42-10 2.78 3-23 A/C 206T302306084B 106-1512-558.42-10 2.04 Economic Development Archaeologist Division Total: $19.70 Economic Development Department Total: $19.70 Cultural Resources Fund Total: $19.70 PORT ANGELES POLICE DEPARTMENT Computer Supplies 107-0000-237.00-00 -1.01 Division Total: -$1.01 Department Total: -$1.01 ADVANCED TRAVEL E911 Mtg-Romberg 107-5160-528.43-10 255.27 AHRENS, KENNETH E Rental Fees 107-5160-528.45-30 700.00 BUSINESS SERVICE 3-13 A/C 017 213-4468 001 107-5160-528.42-10 9.50 •AT&T DELL MARKETING LP COMPUTER HARDWARE&PERIPHI 107-5160-528.31-60 1,089.05 GLOBALSTAR USA 3-16 a/c 1.50018859 107-5160-528.42-10 42.01 Steve Romberg 9-1-1 CARES SUPPLIES 107-5160-528.31-01 59.00 NEWEGG - KEYBOARD 107-5160-528.31-60 13.97 5 KEYBOARDS & 5 MICE 107-5160-528.31-60 94.98 APCO -WASHINGTON CHAPTER REGISTRATION - ROMBERG 107-5160-528.43-10 245.00 APCO CHAPTER MEETING & DI 107-5160-528.43-10 30.00 REGISTRATION - O'CONNOR 107-5160-528.43-10 245.00 APCO CHAPTER MEETING & DI 107-5160-528.43-10 30.00 REGISTRATION - HOMAN 107-5160-528.43-10 245.00 APCO CHAPTER MEETING & DI 107-5160-528.43-10 30.00 REGISTRATION - BELL 107-5160-528.43-10 245.00 APCO CHAPTER MEETING & DI 107-5160-528.43-10 30.00 PORT ANGELES POLICE DEPARTMENT Cleaning Supplies 107-5160-528.31-01 20.33 Computer Supplies 107-5160-528.31-60 49.84 PUGET SOUND POLYGRAPH EXAMINERS SECURITY,FIRE,SAFETY SERV 107-5160-528.41-50 225.00 QUILL CORPORATION COMPUTERS,DP & WORD PROC. 107-5160-528.31-01 86.82 QWEST 3-14 A/C 3604576684085B 107-5160-528.42-10 19.10 3-14 A/C 3604570411199B 107-5160-528.42-10 298.08 03-23 a/c 206T411918873B 107-5160-528.42-10 57.46 3-23 A/C 206T310164584B 107-5160-528.42-10 75.13 • 3-16 A/C 206T359336570B 107-5160-528.42-10 75.13 3-23 A/C 206T302306084B 107-5160-528.42-10 55.06 F-17 Page 12 F 0' "C`J'j'w?� Date: 4/14/2010 City of Port Angeles City Council Expenditure Report " •* From: 3127/2010 To: 4/9/2010 Vendor Description Account Number Invoice Amount UNITED PARCEL SERVICE Shipping Chgs pe 4-3 107-5160-528.42-10 30.81 Pencom Pencom Division Total: $4,356.54 Pencom Department Total: $4,356.54 Pencom Fund Fund Total: $4,355.53 AMSAN OLYMPIC SUPPLY BLEACH 121-8021-576.31-06 103.91 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 121-8021-576.42-10 2.11 FRED PRYOR SEMINARS HR LAW 121-8021-576.43-10 179.00 HR LAW 121-8021-576.43-10 179.00 Bre Martin REPLACEMENT FOR BLEACHED 121-8021-576.31-11 21.18 Jayna Lafferty SHAMROCK SEARCH SUPPLIES 121-8021-576.31-01 13.94 EGGSTRAVAGANZA SUPPLIES - 121-8021-576.31-01 33.40 PAINT FOR EGGSTRAVAGANZA 121-8021-576.31-01 34.23 Leah Gould SUPPLIES FOR EGGSTRAVAGAN 121-8021-576.31-01 47.36 Jen Hallberg RETURNED GOGGLES 121-8021-347.90-20 10.00 Magali Gonzalez UNUSED PUNCH CARD 121-8021-347.30-12 30.00 QUILL CORPORATION MARKER 121-8021-576.31-01 18.54 LAMINATING POUCHES, PENS 121-8021-576.31-01 156.26 DIVIDERS, TAP, SCISSORS, 121-8021-576.31-01 97.86 QWEST 3-14 A/C 3604576684085B 3-14 A/C 3604570411199B 121-8021-576.42-10 121-8021-576.42-10 2.83 44.16 3-23 A/C 206T310164584B 121-8021-576.42-10 11.13 3-16 A/C 206T359336570B 121-8021-576.42-10 11.13 3-23 A/C 206T30230608413 121-8021-576.42-10 8.16 Parks Dept Wm Shore Mem Pool Dist Division Total: $1,004.20 Parks Dept Department Total: $1,004.20 Wm Shor Mem Pool Dist Fund Total: $1,004.20 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 174-8221-574.42-10 0.35 DIGITAL IMAGING SOLUTIONS INC OFFICE MACHINES & ACCESS 174-8221-574.45-31 42.71 OFFICE MACHINES & ACCESS 174-8221-574.45-31 10.95 QWEST 3-14 A/C 3604576684085B 174-8221-574.42-10 0.71 3-14 A/C 3604570411199B 174-8221-574.42-10 11.04 3-23 A/C 206T310164584B 174-8221-574.42-10 2.78 3-16 A/C 206T359336570B 174-8221-574.42-10 2.78 3-23 A/C 206T30230608413 174-8221-574.42-10 2.04 Recreation Activities Sports Programs Division Total: $73.36 ANDERSEN, BRIAN L REFEREE REIMBURSEMENT FOR 174-8222-574.41-50 176.00 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 174-8222-574.42-10 0.35 AT&T MOBILITY 3-26 a/c 994753890 174-8222-574.42-10 21.91 CAPTAIN T'S CLOTHING & APPAREL 174-8222-574.31-01 395.66 DARLING, ROBERT L REFEREE PAYMENT FOR APRIL 174-8222-574.41-50 220.00 DIGITAL IMAGING SOLUTIONS INC OFFICE MACHINES & ACCESS 174-8222-574.45-31 42.71 . OFFICE MACHINES & ACCESS 174-8222-574.45-31 10.95 F-18 Page 13 � Date: 4/14/2010 City of Port Angeles City Council Expenditure Report • From: 3/2712010 To: 419/2010 Vendor Description Account Number Invoice Amount HANSEN'S TROPHY MARKERS, PLAQUES,SIGNS 174-8222-574.31-01 146.34 JONES, KIAH N SCOREKEEPER PAYMENT -APRIL 174-8222-574.41-50 90.00 PARKER, PAUL RAMON REFEREE PAYMENT FOR APRIL 174-8222-574.41-50 176.00 PORT ANGELES SCHOOL DISTRICT JANITOR SERVICES -APRIL FO 174-8222-574.41-50 114.68 QWEST 3-14 A/C 3604576684085B 174-8222-574.42-10 0.71 3-14 A/C 3604570411199B 174-8222-574.42-10 11.04 3-23 A/C 206T310164584B 174-8222-574.42-10 2.78 3-16 A/C 206T359336570B 174-8222-574.42-10 2.78 3-23 A/C 206T30230608413 174-8222-574.42-10 2.04 RAMSEY, SCOTT REFEREE PAYMENT FOR APRIL 174-8222-574.41-50 220.00 REID, ELISE M SCOREKEEPER PAYMENT -APRIL 174-8222-574.41-50 50.00 ROBINSON, JASON SCOREKEEPER PAYMENT -APRIL 174-8222-574.41-50 60.00 ROONEY, RANDY L REFEREE PAYMENT FOR APRIL 174-8222-574.41-50 220.00 THAYER, JEFFREY REFEREE PAYMENT FOR APRIL 174-8222-574.41-50 220.00 WITHEROW, PAIGE SCOREKEEPER PAYMENT -APRIL 174-8222-574.41-50 80.00 Recreation Activities Special Events Division Total: $2,263.95 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 174-8224-574.42-10 0.35 DIGITAL IMAGING SOLUTIONS INC OFFICE MACHINES & ACCESS 174-8224-574.45-31 42.71 OFFICE MACHINES & ACCESS 174-8224-574.45-31 10.95 • Amber Mozingo CHAIR AND WRITABLE CD'S 174-8224-574.31-01 198.32 AFTER SCHOOL SUPPLIES 174-8224-574.31-01 29.72 Port Angeles Fly Fishers PRIZE DONATION 174-8224-367.11-00 25.00 KIDS FISH DERBY PRIZES 174-8224-574.31-01 386.54 OWEST 3-14 A/C 3604576684085B 174-8224-574.42-10 0.71 3-14 A/C 36045704111998 174-8224-574.42-10 11.04 3-23 A/C 206T310164584B 174-8224-574.42-10 2.78 3-16 A/C 206T359336570B 174-8224-574.42-10 2.78 3-23 A/C 206T302306084B 174-8224-574.42-10 2.04 VERIZON WIRELESS 03-22 a/c 571136182-00005 174-8224-574.42-10 26.18 Recreation Activities Youth/Family Programs Division Total: $739.12 Recreation Activities Department Total: $3,076.43 Recreational Activities Fund Total: $3,076.43 HAMMOND COLLIER WADE LIVINGSTON, RACE ST SLIDE PROD 310-7930-595.41-50 21,379.08 PERTEET, INC FEMA PROJECTS 310-7930-595.41-50 1,570.08 FEMA PROJECTS 310-7930-595.41-50 1,526.38 FEMA PROJECTS 310-7930-595.41-50 21,141.25 FEMA PROJECTS 310-7930-595.41-50 4,160.50 FEMA PROJECTS 310-7930-595.41-50 6,947.30 Capital Projects -Pub Wks GF -Street Projects Division Total: $56,724.59 DAILY JOURNAL OF COMMERCE BID ADVERTIZEMENT 310-7961-595.65-10 154.00 • PENINSULA DAILY NEWS LEGAL ADS 310-7961-595.65-10 220.12 Capital Projects -Pub Wks ST -Sidewalk Improvement Division Total: $374.12 F-19 Page 14 .cc70k ..rr Date: 4/14/2010 City of Port Angeles r' City Council Expenditure Report From: 3/27/2010 To: 41912010 • Vendor Description Account Number Invoice Amount Capital Projects -Pub Wks Department Total: $57,098.71 ANGELES MILLWORK & LUMBER CO Capital Improvement Fund Total: $57,098.71 GENERAL PACIFIC INC ELECTRICAL CABLES & WIRES 401-0000-141.40-00 2,122.47 DELL MARKETING LP Terry Dahlquist ELECTRICAL EQUIP & SUPPLY 401-0000-141.40-00 128.26 HUGHES UTILITIES LTD ELECTRICAL EQUIP & SUPPLY 401-0000-141.40-00 773.98 ELECTRICAL EQUIP & SUPPLY 401-0000-141.40-00 1,952.28 CHRISTENSEN, MICHAEL P OVERPAYMENT -135 LOPEZ AVE 401-0000-122.10-99 22.21 HARRIS, BARBARA D FINAL BILL REFUND 401-0000-122.10-99 253.90 HOUGH, WAYNE E FINAL BILL REFUND 401-0000-122.10-99 86.42 IRONS, GARY L FINAL BILL REFUND 401-0000-122.10-99 384.60 JOKER, LAURA FINAL BILL REFUND 401-0000-122.10-99 42.68 KELLER, CYNTHIA L FINAL BILL REFUND 401-0000-122.10-99 108.22 KIELE II, STEPHEN CHARLES FINAL BILL REFUND 401-0000-122.10-99 39.42 MILLER, COLLEEN P FINAL BILL REFUND 401-0000-122.10-99 74.66 MORTON, LOYCE W (BILL) FINAL BILL REFUND 401-0000-122.10-99 96.18 MURRY, TYFFANI FINAL BILL REFUND 401-0000-122.10-99 72.44 O'REILLY, JANICE M DEPOSIT REFUND 401-0000-122.10-99 125.00 PROPERTIES BY LANDMARK INC FINAL CREDIT -720 S PINE 401-0000-122.10-99 5.96 RHINE, RONALD G FINAL BILL REFUND 401-0000-122.10-99 69.99 RICHMOND, RACHEL M DEPOSIT REFUND 401-0000-122.10-99 250.00 RIXON, HOLLY J DEPOSIT REFUND 401-0000-122.10-99 125.00 DEPOSIT REFUND 401-0000-122.10-99 125.00 RUSSELL, TAMMIE L FINAL BILL REFUND 401-0000-122.10-99 25.90 TEAM TOPPER FINAL CREDIT -637 DELGUZZI 401-0000-122.10-99 0.50 WALTERS, PATRICK FINAL BILL REFUND 401-0000-122.10-99 53.83 WATTS CONSTRUCTORS LLC OVERPAYMENT -124 E 11TH ST 401-0000-122.10-99 193.11 WERNER, LEWIS R FINAL BILL REFUND 401-0000-122.10-99 67.14 WEST, SHAWN R FINAL BILL REFUND 401-0000-122.10-99 34.23 WINGER, REBECCA M OVERPAYMENT -2656 FRANCIS 401-0000-122.10-99 44.43 NEW PIG CORPORATION BAGS,BAGGING,TIES,EROSION 401-0000-237.00-00 -55.03 OLYMPIC COMMUNITY ACTION PRGMS OVERPAYMENT REFUND 401-0000-245.10-01 8.00 PACIFIC METERING INC ELECTRICAL EQUIP & SUPPLY 401-0000-141.40-00 5,685.30 WESCO DISTRIBUTION INC ELECTRICAL CABLES & WIRES 401-0000-141.40-00 3,679.42 ELECTRICAL EQUIP & SUPPLY 401-0000-141.40-00 262.06 FASTENERS, FASTENING DEVS 401-0000-141.40-00 268.83 • Page 15 Division Total: $17,126.39 Department Total: $177126.39 ANGELES MILLWORK & LUMBER CO 24 STAKES 401-7111-533.35-01 13.65 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 401-7111-533.42-10 1.06 DELL MARKETING LP Terry Dahlquist COMPUTER HARDWARE&PERIPH1401-7111-533.31-60 NWPPA CONFERENCE 401-7111-533.43-10 1,342.18 920.00 QWEST 3-14 A/C 3604576684085B 401-7111-533.42-10 2.12 F-20 Page 15 Date: 4/14/2010 City of Port Angeles C_ City Council Expenditure Report From: 3/2712010 To: 4/912010 • Vendor Description Account Number Invoice Amount QWEST 3-14 A/C 3604570411199B 401-7111-533.42-10 33.12 3-23 A/C 206T310164584B 401-7111-533.42-10 8.35 3-16 A/C 206T359336570B 401-7111-533.42-10 8.35 3-23 A/C 206T302306084B 401-7111-533.42-10 6.12 Public Works -Electric Engineering -Electric Division Total: $2,334.95 ADVANCED TRAVEL Distributech Conf-Dunbar 401-7120-533.43-10 890.75 WPAG Mtg-Dunbar 401-7120-533.43-10 97.70 BPA TRM Mtg-Lusk 401-7120-533.43-10 86.70 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 401-7120-533.42-10 1.06 QWEST 3-14 A/C 3604576684085B 401-7120-533.42-10 2.12 3-14 A/C 3604570411199B 401-7120-533.42-10 33.12 3-23 A/C 206T310164584B 401-7120-533.42-10 8.35 3-16 A/C 206T359336570B 401-7120-533.42-10 8.35 3-23 A/C 206T302306084B 401-7120-533.42-10 6.12 Public Works -Electric Power Systems Division Total: $1,134.27 ADVANCED TRAVEL Superintendents Mtg-KIarr 401-7180-533.43-10 222.30 AIRPORT GARDEN CENTER ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 211.37 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 401-7180-533.42-10 8.44 BEST ACCESS SYSTEMS HARDWARE,AND ALLIED ITEMS 401-7180-533.34-02 -1,571.33 FURNITURE, OFFICE 401-7180-533.34-02 2,717.78 BLAKE SAND & GRAVEL INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 33.17 CAPTAIN T'S FIRE PROTECTION EQUIP/SUP 401-7180-533.48-10 74.80 CED/CONSOLIDATED ELEC DIST INC ELECTRONIC COMPONENTS 401-7180-533.31-01 723.37 CRASH SUPPLY INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.31-01 64.13 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 595.51 OPTICAL EQUIP ACESS& SUPP 401-7180-533.31-01 135.80 DELL MARKETING LP COMPUTER HARDWARE&PERIPH1401-7180-533.31-60 1,342.18 DIGITAL IMAGING SOLUTIONS INC MARCH COPY COSTS 401-7180-533.45-31 13.71 GENERAL PACIFIC INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 314.90 GREAT AMERICA LEASING CORP MARCH COPIER LEASE 401-7180-533.45-31 186.66 KARON'S FRAME CENTER FRAME GREG MCCABE'S CERTI 401-7180-533.48-10 67.29 LINCOLN INDUSTRIAL CORP METALS, BARS, PLATES, RODS 401-7180-533.34-02 105.97 Derrick Halsey FERRY TICKET REIMBURSEMEN 401-7180-533.43-10 189.60 MORNINGSIDE BUILDING MAINT&REPAIR SER 401-7180-533.41-50 254.42 NEW PIG CORPORATION BAGS,BAGGING,TIES,EROSION 401-7180-533.34-02 710.08 OLYMPIC LAUNDRY & DRY CLEANERS LAUNDRY/DRY CLEANING SERV 401-7180-533.41-50 64.42 PETTIT OIL COMPANY ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 379.40 PORT ANGELES POWER EQUIPMENT EQUIP MAINT & REPAIR SERV 401-7180-533.48-10 5.13 EQUIP MAINT & REPAIR SERV 401-7180-533.48-10 163.69 PORT OF PORT ANGELES Lease Fees 401-7180-533.45-30 4,100.00 •PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 401-7180-533.41-50 13.06 QUILL CORPORATION OFFICE SUPPLIES, GENERAL 401-7180-533.31-01 74.91 F-21 Page 16 �c.0%--Ci74iwr, Date: 4/14/2010 City of Port Angeles City Council Expenditure Report From: 3/27/2010 To: 4/9/2010 Vendor Description Account Number Invoice Amount QUILL CORPORATION OFFICE SUPPLIES, GENERAL 401-7180-533.31-01 10.72 QWEST 3-14 A/C 3604576684085B 401-7180-533.42-10 16.98 3-14 A/C 36045704111998 401-7180-533.42-10 264.96 03-16 a/c 206T326157000B 401-7180-533.42-10 54.54 03-16 a/c 206T322760994B 401-7180-533.42-10 54.54 03-16 a/c 206T323879996B 401-7180-533.42-10 54.54 03-16 a/c 206T323881998B 401-7180-533.42-10 54.54 3-23 A/C 206T310164584B 401-7180-533.42-10 66.78 3-16 A/C 206T359336570B 401-7180-533.42-10 66.78 3-23 A/C 206T302306084B 401-7180-533.42-10 48.94 ROHLINGER ENTERPRISES INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 62.15 EQUIP MAINT & REPAIR SERV 401-7180-533.48-10 130.08 EQUIP MAINT & REPAIR SERV 401-7180-533.48-10 236.31 EQUIP MAINT & REPAIR SERV 401-7180-533.48-10 92.14 SUNSET DO -IT BEST HARDWARE ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 194.85 PAINTS,COATINGS,WALLPAPER 401-7180-533.34-02 4.67 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 13.32 TEREX UTILITIES WEST RENTAULEASE EQUIPMENT 401-7180-533.45-30 5,087.16 THURMAN SUPPLY ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 25.53 ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 39.02 Single Pole Switch/Strap 401-7180-533.34-02 5.63 UNITED PARCEL SERVICE Shipping Chgs pe 4-3 401-7180-533.42-10 55.63 ZEE MEDICAL SERVICE CO FIRST AID & SAFETY EQUIP. 401-7180-533.31-01 85.14 Public Works -Electric Electric Operations Division Total: $17,925.71 Public Works -Electric Department Total: $21,394.93 Electric Utility Fund Fund Total: $38,521.32 FEI EVERETT 3023(FAMILIAN) PIPE FITTINGS 402-0000-141.40-00 276.00 PLUMBING EQUIP FIXT,SUPP 402-0000-141.40-00 2,189.23 FOWLER COMPANY, H D PIPE FITTINGS 402-0000-141.40-00 1,073.38 Division Total: $3,538.61 Department Total: $3,538.61 ADT SECURITY SERVICES, INC SECURITY,FIRE,SAFETY SERV 402-7380-534.41-50 1,020.00 AMSAN OLYMPIC SUPPLY WATER&SEWER TREATING CHEN402-7380-534.31-05 235.31 ANGELES MILLWORK & LUMBER CO HARDWARE,AND ALLIED ITEMS 402-7380-534.31-20 61.27 AT&T BUSINESS SERVICE 3-13 A/C 017 2134468 001 402-7380-534.42-10 2.11 BACKFLOW APPARATUS & VALVE CO SUPPLIES 402-7380-534.31-20 134.91 CHEYENNE LIVESTOCK & PRODUCTS FIRST AID & SAFETY EQUIP. 402-7380-534.31-01 1,772.73 DRY CREEK WATER ASSN, INC MARCH 2010 -SPECIAL SVC AG 402-7380-534.33-10 701.82 FASTENAL INDUSTRIAL FASTENERS, FASTENING DEVS 402-7380-534.31-20 32.02 FEDERAL EXPRESS CORP GRCC/WW Shipping Chgs pe 3-26 EDUCATIONAL SERVICES 402-7380-534.42-10 402-7380-534.43-10 9.49 175.00 HARTNAGEL BUILDING SUPPLY INC LUMBER& RELATED PRODUCTS 402-7380-534.31-20 323.16 F-22 Page 17 mac•°r,Date: 4/14/2010 City of Port Angeles City Council Expenditure Report From: 312712010 To: 41912010 • Vendor Description Account Number Invoice Amount HARTNAGEL BUILDING SUPPLY INC LUMBER& RELATED PRODUCTS 402-7380-534.31-20 36.21 INTEGRA CHEMICAL CO, INC WATER&SEWER TREATING CHEM402-7380-534.31-05 3,459.53 LAB/COR, INC TESTING&CALIBRATION SERVI 402-7380-534.41-50 385.00 PORT ANGELES POWER EQUIPMENT LAWN MAINTENANCE EQUIP 402-7380-534.31-20 68.24 QWEST 3-14 A/C 3604576684085B 402-7380-534.42-10 4.24 3-14 A/C 3604570411199B 402-7380-534.42-10 66.24 03-10 a/c 360Z100240955B 402-7380-534.42-10 416.00 3-23 A/C 206T310164584B 402-7380-534.42-10 16.69 3-16 A/C 206T359336570B 402-7380-534.42-10 16.69 3-23 A/C 206T302306084B 402-7380-534.42-10 12.24 03-23 a/c 206T411255315B 402-7380-534.42-10 64.59 SUNSET DO -IT BEST HARDWARE PIPE FITTINGS 402-7380-534.31-20 9.04 AUTO & TRUCK ACCESSORIES 402-7380-534.31-20 27.09 PIPE FITTINGS 402-7380-534.31-20 21.30 SWAIN'S GENERAL STORE INC PLUMBING EQUIP FIXT,SUPP 402-7380-534.31-20 12.33 JANITORIAL SUPPLIES 402-7380-534.31-20 112.87 TWISS ANALYTICAL LABORATORIES TESTI NG&CALIBRATION SERVI 402-7380-534.41-50 173.00 TESTI NG&CALI B RATION SERVI 402-7380-534.41-50 189.00 TESTI NG&CALIBRATION SERVI 402-7380-534.41-50 22.50 • TESTI NG&CALIBRATION SERVI 402-7380-534.41-50 215.00 Public Works -Water Water Division Total: $9,795.62 Public Works -Water Department Total: $9,795.62 Water Fund Fund Total: $13,334.23 DETECTION INSTRUMENTS, INC LAB EQUIP,BIO,CHEM,ENVIR 403-0000-237.00-00 ' -7.78 NCL NORTH CENTRAL LABORATORIES CHEMICAL LAB EQUIP & SUPP 403-0000-237.00-00 -14.70 OCT ACADEMY SCHOOL EQUIP& SUPPLIES 403-0000-237.00-00 -38.73 Division Total: -$61.21 Department Total: -$61.21 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 403-7480-535.42-10 2.81 BAXTER AUTO PARTS #15 BELTS AND BELTING 403-7480-535.31-20 5.39 CONTRL,INDICA,RECORD INST 403-7480-535.31-20 108.27 BELTS AND BELTING 403-7480-535.31-20 5.39 DETECTION INSTRUMENTS, INC LAB EQUIP,BIO,CHEM,ENVIR 403-7480-535.31-01 100.32 DIGITAL IMAGING SOLUTIONS INC MARCH COPY COSTS 403-7480-535.31-01 111.99 FEDERAL EXPRESS CORP Shipping Chgs pe 3-26 403-7480-535.42-10 16.26 FEI EVERETT 3023(FAMILIAN) PLUMBING EQUIP FIXT,SUPP 403-7480-535.31-20 247.67 FERRELLGAS INC TANKS:MOBILE,PORT,STATION 403-7480-535.31-20 1.08 GRAINGER PLUMBING EQUIP FIXT,SUPP 403-7480-535.31-20 109.76 NCL NORTH CENTRAL LABORATORIES CHEMICAL LAB EQUIP & SUPP 403••7480-535.31-01 189.66 OCT ACADEMY OLYMPIC STATIONERS INC SCHOOL EQUIP& SUPPLIES OFFICE MACHINES & ACCESS 403-7480-535.43-10 403-7480-535.31-01 499.73 19.51 SUPPLIES 403-7480-535.31-01 112.69 F-23 Page 18 4 ati.,, Date: 4!14/2010 City of Port op't.-Mmi City Council Expenditure Report ,777le From: 3/27/2010 To: 41912010 Vendor Description Account Number Invoice Amount PACIFIC OFFICE EQUIPMENT INC COMPUTER ACCESSORIES&SUPF403-7480-535.31-01 45.27 PUD #1 OF CLALLAM COUNTY Service @ Brook Ave 403-7480-535.47-10 160.49 QWEST 3-14 A/C 3604576684085B 403-7480-535.42-10 5.66 3-14 A/C 3604570411199B 403-7480-535.42-10 88.32 3-23 A/C 206T310164584B 403-7480-535.42-10 22.26 3-16 A/C 206T359336570B 403-7480-535.42-10 22.26 3-23 A/C 206T302306084B 403-7480-535.42-10 16.31 SEARS COMMERCIAL ONE SPRAYING EQUIPMENT 403-7480-535.31-20 36.83 AUTO MAJOR TRANSPORTATION 403-7480-535.31-20 162.59 SIEMENS WATER TECHNOLOGIES, INC WATER&SEWER TREATING CHEIV403-7480-535.31-05 3,740.15 SUNSET DO -IT BEST HARDWARE SPRAYING EQUIPMENT 403-7480-535.31-20 98.19 HARDWARE,AND ALLIED ITEMS 403-7480-535.31-20 10.72 PAINTS,COATINGS,WALLPAPER 403-7480-535.31-20 13.64 SWAIN'S GENERAL STORE INC LAWN MAINTENANCE EQUIP 403-7480-535.31-01 55.80 JANITORIAL SUPPLIES 403-7480-535.31-01 18.17 PAINTS,COATINGS,WALLPAPER 403-7480-535.31-20 26.62 UNITED PARCEL SERVICE Shipping Chgs pe 4-3 403-7480-535.42-10 14.03 VERIZON WIRELESS 03-22 a/c 571136182-00004 403-7480-535.42-10 84.24 WA STATE DEPARTMENT OF ECOLOGY MISC PROFESSIONAL SERVICE 403-7480-535.49-90 805.00 WWCPA SECRETARY -TREASURER 2010 Dues 403-7480-535.49-90 60.00 Public Works-WW/Storm% Wastewater Division Total: $7,017.08 Public Works-WW/Stormwtr Department Total: $7,017.08 Wastewater Fund Fund Total: $6,955.87 CORTESIA SANCTUARY & CENTER COMMUNICATIONS/MEDIA SERV 404-0000-237.00-00 -55.61 Division Total: -$55.61 Department Total: -$55.61 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 404-7580-537.42-10 1.41 CORTESIA SANCTUARY & CENTER COMMUNICATIONS/MEDIA SERV 404-7580-537.44-10 717.61 MORNINGSIDE BUILDING MAINT&REPAIR SER 404-7580-537.41-50 84.82 QWEST 3-14 A/C 3604576684085B 404-7580-537.42-10 2.83 3-14 A/C 3604570411199B 404-7580-537.42-10 44.16 3-23 A/C 206T310164584B 404-7580-537.42-10 11.19 3-16 A/C 206T359336570B 404-7580-537.42-10 11.19 3-23 A/C 206T302306084B 404-7580-537.42-10 8.16 WASTE CONNECTIONS, INC ENVIRONMENTAL&ECOLOGICAL 404-7580-537.41-51 40,413.85 ENVIRONMENTAL&ECOLOGICAL 404-7580-537.41-51 40,586.17 Public Works -Solid Waste Solid Waste -Collections Division Total: $81,881.39 Public Works -Solid Waste Department Total: $81,881.39 Solid Waste -Collections Fund Total: $81,825.78 ANGELES MILLWORK & LUMBER CO PLUMBING EQUIP FIXT,SUPP 405-7538-537.31-20 28.15 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 405-7538-537.42-10 1.41 CLALLAM CNTY ROAD DEPT BLDG CONSTRUC. SERVICES- 405-7538-537.49-90 3,401.51 F-24 Page 19 • �t,cFra�•. Date: 4/14/2010 �..,, City of Port Angeles City Council Expenditure Report From: 3127/2010 To: 4/9/2010 • Vendor Description Account Number Invoice Amount DELL MARKETING LP COMPUTER HARDWARE&PERIPH1405-7538-537.31-60• 1,342.18 QWEST 3-14 A/C 36045766840858 405-7538-537.42-10 2.83 3-14 A/C 360457041 1 1 99B 405-7538-537.42-10 44.16 3-23 A/C 206T310164584B 405-7538-537.42-10 11.13 3-16 A/C 206T359336570B 405-7538-537.42-10 11.13 3-23 A/C 206T302306084B 405-7538-537.42-10 8.16 SUNSET DO -IT BEST HARDWARE SUPPLIES 405-7538-537.31-20 89.67 WASTE CONNECTIONS, INC BLDG CONSTRUC. SERVICES- 405-7538-537.41.-51 223,987.33 ENVIRONMENTAL&ECOLOGICAL 405-7538-537.41-51 1,305.36 BLDG CONSTRUC. SERVICES- 405-7538-537.41-51 194,012.89 ENVIRONMENTAL&ECOLOGICAL 405-7538-537.41-51 1,213.04 ENVIRONMENTAL&ECOLOGICAL 405-7538-537.45-30 5,357.28 ENVIRONMENTAL&ECOLOGICAL 405-7538-537.45-30 5,357.27 ENVIRONMENTAL&ECOLOGICAL 405-7538-591.71-10 23,037.43 ENVIRONMENTAL&ECOLOGICAL 405-7538-591.71-10 23,152.62 ENVIRONMENTAL&ECOLOGICAL 405-7538-592.81-10 39,741.29 ENVIRONMENTAL&ECOLOGICAL 405-7538-592.81-10 39,626.11 Public Works -Solid Waste SW - Transfer Station Division Total: $561,730.95 BLAKE SAND & GRAVEL INC ROAD/HWY MAT NONASPHALTIC 405-7585-537.48-10 265.58 ROAD/HWY MAT NONASPHALTIC 405-7585-537.48-10 363.14 ROAD/HWY MAT NONASPHALTIC 405-7585-537.48-10 363.14 KAMAN INDUSTRIAL TECHNOLOGIES ELECTRICAL EQUIP & SUPPLY 405-7585-537.31-20 1,507.48 Public Works -Solid Waste Solid Waste -Landfill Division Total: $2,499.34 Public Works -Solid Waste Department Total: $564,230.29 Solid Waste-LF/Trf Stn Fund Total: $564,230.29 JAMESTOWN EXCAVATING Release Retainage 406-0000-223.40-00 1,226.44 Division Total: $1,226.44 Department Total: $1,226.44 NORTH PENINSULA BLDG ASSOC REIMB. LANDSCAPING LID GR 406-7412-594.65-10 6,341.42 QWEST 3-14 A/C 3604576684085B 406-7412-538.42-10 1.42 3-14 A/C 3604570411199B 406-7412-538.42-10 22.08 3-23 A/C 206T310164584B 406-7412-538.42-10 5.56 3-16 A/C 206T359336570B 406-7412-538.42-10 5.56 3-23 A/C 206T302306084B 406-7412-538.42-10 4.08 VERIZON WIRELESS 03-22 a/c 571136182-00001 406-7412-538.42-10 19.03 Public Works-WW/Stormw Stormwater Division Total: $6,399.15 Public Works-WW/Stormwtr Department Total: $6,399.15 Stormwater Fund Fund Total: $7,625.59 ALON BIRON ALON BIRAN REFUND 409-0000-213.10-90 553.00 •UNIFORM MEDICAL MARGARET MCNEECE PROGRESSIVE MEDICAL INTERNATIONAISALE SURPLUS/OBSOLETE 409-0000-213:10-90 409-0000-237.00-00 594.40 -44.89 SALE SURPLUS/OBSOLETE 409-0000-237.00-00 -8.84 F-25 Page 20 �' Y;`r41wjr Date: 4/14/2010 City of Port Angeles law City Council Expenditure Report From: 3/27/2010 To: 4/9/2010 • Vendor Description Account Number Invoice Amount VIDACARE NEEDLE SETS 409-0000-237.00-00 -42.24 Division Total: $1,051.43 Department Total: $1,051.43 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 409-6025-526.42-10 4.22 CHURCH, JEREMY FIRST AID CPR CLASS 3/26/ 409-6025-526.31-08 200.00 CLALLAM CNTY EMS Medic I Advisory 409-6025-526.41-50 600.00 Mark Karjalainen CLOTHING ALLOWANCE REIMBU 409-6025-526.20-80 54.17 MOROZ, JAMES EDUCATIONAL SERVICES 409-6025-526.31-08 200.00 EDUCATIONAL SERVICES 409-6025-526.31-08 200.00 OLYMPIC MEDICAL CENTER SALE SURPLUS/OBSOLETE 409-6025-526.31-13 27.00 PEN PRINT INC EMR REPORTS 409-6025-526.31-02 406.50 PROGRESSIVE MEDICAL INTERNATIONAISALE SURPLUS/OBSOLETE 409-6025-526.31-02 579.24 SALE SURPLUS/OBSOLETE 409-6025-526.31-02 114.01 QWEST 3-14 A/C 3604576684085B 409-6025-526.42-10 8.49 3-14 A/C 3604570411199B 409-6025-526.42-10 132.48 3-23 A/C 206T310164584B 409-6025-526.42-10 33.39 3-16 A/C 206T359336570B 409-6025-526.42-10 33.39 3-23 A/C 206T302306084B 409-6025-526.42-10 24.47 SUNDIN, ERIK K CLOTHING ALLOWANCE REIMBU 409-6025-526.20-80 50.00 SYSTEMS DESIGN WEST, LLC FINANCIAL SERVICES 409-6025-526.41-50 3,001.68 . VIDACARE NEEDLE SETS 409-6025-526.31-02 545.00 Fire Department Medic I Division Total: $6,214.04 Fire Department Department Total: $6,214.04 Medic I Utility Fund Total: $7,265.47 Danny Volkman REFUND 421-7121-368.00-00 683.80 Evergreen Consulting Group WORKSHOP 421-7121-533.41-50 420.85 Public Works -Electric Conservation Division Total: $1,104.65 Public Works -Electric Department Total: $1,104.65 Conservation Fund Total: $1,104.65 ADVANCED TRAVEL DOE Mtg-GC/KM/NW/KN 453-7488-594.43-10 100.68 MORRISON EXCAVATING INC TEST HOLES 453-7488-594.65-10 14,598.85 Public Works-WW/Stormt4 Wastewater Projects Division Total: $14,699.53 Public Works-WW/Stormwtr Department Total: $14,699.53 Waste Water Utility CIP Fund Total: $14,699.53 ANGELES MACHINE WORKS INC AUTO BODIES & ACCESSORIES 501-0000-141.40-00 818.18 BAXTER AUTO PARTS #15 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 87.02 JENNINGS EQUIPMENT INC AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 53.16 MCMASTER-CARR SUPPLY CO CLOTHING ACCESSORIES(SEE 501-0000-237.00-00 -16.91 MOTOR TRUCKS INC AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 17.45 N C MACHINERY CO AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 214.09 NAPA AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 31.44 • F-26 Page 21 cr1 . Date: 4/14/2010 City of Port Angeles City Council Expenditure Report t� trot-a4�. From: 3127/2010 To: 4/9/2010 Vendor Description Account Number Invoice Amount NORTHERN TOOL & EQUIPMENT CO AUTO & TRUCK ACCESSORIES 501-0000-237.00-00 -10.93 SHIPPING AND HANDLING 501-0000-237.00-00 -294.59 PETTIT OIL COMPANY FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 4,054.73 FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 4,054.73 FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 675.11 FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 3,790.27 FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 3,790.27 FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 3,592.92 SUNSET DO -IT BEST HARDWARE AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 93.64 Division Total: $20,950.58 Department Total: $20,950.58 ADVANCED TRAVEL Truck Repair Travel 501-7630-548.43-10 45.50 ARAMARK LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 27.53 AT&T BUSINESS SERVICE 3-13 A/C 017 2134468 001 501-7630-548.42-10 2.46 BAXTER AUTO PARTS #15 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 8.38 CRASH SUPPLY INC AUTO SHOP EQUIPMENT & SUP 501-7630-548.35-01 37.40 DELL MARKETING LP COMPUTER HARDWARE&PERIPH1501-7630-548.31-60 1,342.18 DEPT OF GENERAL ADMINISTRATION MEMBERSHIPS 501-7630-548.49-01 250.00 • FEDERAL EXPRESS CORP FERRELLGAS INC Shipping Chgs pe 3-26 FUEL,0IL,GREASE, & LUBES 501-7630-548.42-10 501-7630-548.32-12 6.26 2,629.41 RENTAULEASE EQUIPMENT 501-7630-548.34-02 1.08 HEARTLINE AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 175.55 MCMASTER-CARR SUPPLY CO CLOTHING ACCESSORIES(SEE 501-7630-548.34-02 218.21 MORNINGSIDE BUILDING MAINT&REPAIR SER 501-7630-548.41-50 117.43 MOTOR TRUCKS INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 62.18 N C MACHINERY CO AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 134.33 NAPA AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 8.38 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 42.61 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 9.37 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 13.43 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 81.05 NORTHERN TOOL & EQUIPMENT CO AUTO BODIES & ACCESSORIES 501-7630-548.34-02 3,143.59 SHIPPING AND HANDLING 501-7630-548.34-02 658.00 AUTO & TRUCK ACCESSORIES 501-7630-548.34-02 141.06 PENINSULA DAILY NEWS LEGAL ADS 501-7630-548.44-10 43.35 PETTIT OIL COMPANY FUEL,OIL,GREASE, & LUBES 501-7630-548.34-02 70.79 PORT ANGELES FORD LINCOLN AUTO & TRUCK ACCESSORIES 501-7630-548.34-02 59.12 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 172.40 AUTO & TRUCK ACCESSORIES 501-7630-548.34-02 16.56 EXTERNAL LABOR SERVICES 501-7630-548.48-10 81.30 AUTO & TRUCK ACCESSORIES 501-7630-594.64-10 44.82 PORT ANGELES POWER EQUIPMENT AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 603.82 F-27 Page 22 Date: 4/14/2010 City of Port Angeles City Council Expenditure Report From: 3/27/2010 To: 4/912010 Vendor Description Account Number Invoice Amount PORT ANGELES TIRE FACTORY AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 39.02 4,750.41 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 190.69 L1 Med/Vis Premiums Disability Board -March AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 236.77 503-1631-517.46-35 EXTERNAL LABOR SERVICES 501-7630-548.48-10 16.21 F -28 EXTERNAL LABOR SERVICES 501-7630-548.48-10 124.61 EXTERNAL LABOR SERVICES 501-7630-548.48-10 410.24 EXTERNAL LABOR SERVICES 501-7630-548.48-10 21.46 EXTERNAL LABOR SERVICES 501-7630-548.48-10 36.75 EXTERNAL LABOR SERVICES 501-7630-548.48-10 73.50 OWEST 3-14 A/C 3604576684085B 501-7630-548.42-10 4.95 3-14 A/C 360457041 1 1 99B 501-7630-548.42-10 77.28 3-23 A/C 206T310164584B 501-7630-548.42-10 19.48 3-16 A/C 206T359336570B 501-7630-548.42-10 19.48 3-23 A/C 206T302306084B 501-7630-548.42-10 14.28 RUDDELL AUTO MALL AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 25.88 EXTERNAL LABOR SERVICES 501-7630-548.48-10 36.51 SIX ROBBLEES' INC AUTO & TRUCK ACCESSORIES 501-7630-548.34-02 26.83 SNAP-ON TOOLS - CHUGGER DEANE AUTO SHOP EQUIPMENT & SUP 501-7630-548.35-01 29.27 SUNSET DO -IT BEST HARDWARE LAWN MAINTENANCE EQUIP 501-7630-548.34-02 73.14 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 4.67 AUTO SHOP EQUIPMENT & SUP 501-7630-548.34-02 26.58 RENTAULEASE EQUIPMENT 501-7630-548.45-30 35.23 WCIA (WA CITIES INS AUTHORITY) INSURANCE, ALL TYPES 501-7630-548.49-01 900.12 Public Works -Equip Svcs Equipment Services Division Total: $12,690.50 Public Works -Equip Svcs Department Total: $12,690.50 Equipment Services Fund Total: $33,641.08 AT&T BUSINESS SERVICE 3-13 A/C 017 213-4468 001 502-2081-518.42-10 3.17 QWEST 3-14 A/C 3604576684085B 502-2081-518.42-10 6.37 3-14 A/C 36045704111996 502-2081-518.42-10 99.36 3-23 A/C 206T310164584B 502-2081-518.42-10 25.04 3-16 A/C 206T359336570B 502-2081-518.42-10 25.04 3-23 A/C 206T302306084B 502-2081-518.42-10 18.35 US NETCOM CORPORATION ANNUAL HW MAINT PHONEMAST 502-2081-518.48-02 211.38 Finance Department Information Technologies Division Total: $388.71 Finance Department Department Total: $388.71 O • Information Technology Fund Total: $388.71 AWC EMPLOYEE BENEFITS TRUST Med/Den/Vis Premiums 503-1631-517:46-30 215,538.35 LT Disability 503-1631-517.46-31 4,750.41 Life Insurance 503-1631-517.46-32 1,892.64 L1 Med/Vis Premiums Disability Board -March 503-1631-517.46-34 503-1631-517.46-35 8,836.33 O 915.82 CAMPORINI, RICHARD Reimb Medicare -March 503-1631-517.46-35 96.50 F -28 Page 23 C,ti,r:cr�y.� Date: 4/14/2010 City of Port Angeles n City Council Expenditure Report • ``' •� � From: 3/2712010 To: 419/2010 Vendor Description Account Number Invoice Amount CLELAND, MICHAEL A Reimb Medicare -March 503-1631-517.46-35 96.50 Disability Board -March 503-1631-517.46-35 487.26 Disability Board -March 503-1631-517.46-35 2,708.02 GLENN, LARRY Reimb Medicare -March 503-1631-517.46-35 96.50 GOODRICH, RUTH L Reimb Medicare 503-1631-517.46-35 571.50 Disability Board -March 503-1631-517.46-35 35.00 GROOMS, MICHAEL Reimb Medicare -March 503-1631-517.46-35 96.50 Disability Board -March 503-1631-517.46-35 40.00 JOHNSON, DONALD G Reimb Medicare -March 503-1631-517.46-35 96.50 JOHNSON, HARRY Reimb Medicare -March 503-1631-517.46-35 96.50 JORISSEN, ROBERT R Reimb Medicare -March 503-1631-517.46-35 96.50 LIND, DARWIN PETER Reimb Medicare -March 503-1631-517.46-35 96.50 LINDLEY, JAMES K Reimb Medicare -March 503-1631-517.46-35 96.50 Disability Board -March 503-1631-517.46-35 552.43 LOUCKS, JASPER Reimb Medicare -March 503-1631-517.46-35 207.00 Disability Board -March 503-1631-517.46-35 340.00 MIESEL JR, PHILIP C Reimb Medicare -March 503-1631-517.46-35 92.40 MEDICAL REIMBURSEMENT 503-1631-517.46-30 165.17 MEDICAL REIMBURSEMENT 503-1631-517.46-30 241.75 NW ADMIN TRANSFER ACCT S/NS/WT 503-1631-517.46-33 58,477.65 RETIREES 503-1631-517.46-34 12,039.75 THOMPSON, BRUCE Reimb Medicare -March 503-1631-517.46-35 96.50 Disability Board -March 503-1631-517.46-35 99.34 WARD, DENNIS H Reimb Medicare -March 503-1631-517.46-35 96.50 Self Insurance Other Insurance Programs Division Total: $309,052.32 FRANK GATES SERVICES CO TPA FEE FOR WORKERS COMP 503-1661-517.41-40 4,265.85 Self Insurance Worker's Compensation Division Total: $4,265.85 Michelle Little IN-HOUSE LIABILITY CLAIM 503-1671-517.49-98 152.04 Self Insurance Comp Liability Division Total: $152.04 Self Insurance Department Total: $313,470.21 Self -Insurance Fund Fund Total: $313,470.21 AWC EMPLOYEE BENEFITS TRUST Retiree Premiums 602-6221-517.46-35 5,037.06 Disability Board -March 602-6221-517.46-35 131.00 BRAUN, GARY Reimb Medicare -March 602-6221-517.46-35 96.50 Disability Board -March 602-6221-517.46-35 171.14 CAMPBELL, MALCOLM D Reimb Medicare -March 602-6221-517.46-35 96.50 DOYLE, JERRY L Reimb Medicare -March 602-6221-517.46-35 96.50 RYAN, ED Reimb Medicare -March 602-6221-517.46-35 96.50 Fireman's Pension Fireman's Pension Division Total: $5,725.20 Fireman's Pension Department Total: $5,725.20 Firemen's Pension Fund Total: $5,725.20 PA DOWNTOWN ASSN MAR 2010 DECAL SALES 650-0000-231.91-00 773.00 F-29 Page 24 Date: 4/14/2010 City of Port Angeles '~ City Council Expenditure Report r�r - �^'¢' From: 312712010 To: 41912010 • Vendor PA DOWNTOWN ASSN AT&T BUSINESS SERVICE DIGITAL IMAGING SOLUTIONS INC QWEST Esther Webster/Fine Arts AFSCME LOCAL 1619 DIMARTINOIWSCFF DISABILITY EMPLOYMENT SECURITY DEPT FIREFIGHTER'S LOCAL 656 GUARANTEED EDUCATION TUITION IBEW LOCAL 997 LEOFF OFFICE OF SUPPORT ENFORCEMENT I t PERS POLICE ASSOCIATION UNITED WAY (PAYROLL) WSCCCE AFSCME AFL-CIO Description MAR 2010 PBIA RECEIPTS MAR 2010 DUPAR/FIRST STRE Off Street Parking Fund 3-13 A/C 017 213-4468 001 OFFICE MACHINES & ACCESS OFFICE MACHINES & ACCESS 3-14 A/C 3604576684085B 3-14 A/C 3604570411199B 03-23 a/c 206T418577331 B 3-23 A/C 206T310164584B 3-16 A/C 206T35933657013 3-23 A/C 206T3023060846 Esther Webster/Fine Arts Esther Webster/Fine Arts Totals for check period Esther Webster Fund P/R Deductions pe 4-4 P/R Deductions pe 4-4 P/R Deductions pe 4-4 P/R Deductions pe 4-4 P/R Deductions pe 4-4 P/R Deductions pe 4-4 P/R Deductions pe 4-4 P/R Deductions pe 3-21 P/R Deductions pe 3-21 P/R Deductions pe 3-21 P/R Deductions pe 3-21 P/R Deductions pe 3-21 P/R Deductions pe 3-21 P/R Deductions pe 4-4 P/R Deductions pe 4-4 P/R Deductions pe 44 Account Number 650-0000-231.92-00 650-0000-231.93-00 Division Total: Department Total: Fund Total 652-8630-575.42-10 652-8630-575.45-31 652-8630-575.45-31 652-8630-575.42-10 652-8630-575.42-10 652-8630-575.42-10 652-8630-575.42-10 652-8630-575.42-10 652-8630-575.42-10 Division Total: Department Total: Fund Total: 920-0000-231.54-40 920-0000-231.54-40 920-0000-231.53-40 920-0000-231.56-30 920-0000-231.54-30 920-0000-231.56-95 920-0000-231.54-20 920-0000-231.51-21 920-0000-231.56-20 920-0000-231.56-20 920-0000-231.51-10 920-0000-231.51-11 920-0000-231.51-12 920-0000-231.55-10 920-0000-231.56-10 920-0000-231.54-40 Division Total: Department Total: Payroll Clearing Fund Total: From: 3/27/2010 To: 4/9/2010 Invoice Amount 1,768.27 1,872.00 $4,413.27 $4,413.27 $4,413.27 1.06 11.15 2.86 2.12 33.12 57.46 8.35 8.35 6.12 $130.59 $130.59 $130.59 99.00 198.00 1,281.97 8.64 1,701.00 527.00 947.39 23,108.13 1,181.32 169.85 1,607.41 8,618.92 32,131.60 264.00 502.27 4,416.62 $76,763.12 $76,763.12 $76,763.12 $1,397,520.66 F-30 Page 25 • VGELES DATE: April 20, 2010 TO: CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works & Utilities SUBJECT: College Substation Switch Replacement, Project CL06-2010 Summary: The Electric Utility needs to replace a 69 kV switch on the transmission system that was not included in the capital projects for 2010. Replacement is required due to advanced deterioration of the switch and supporting structure. Recommendation: Approve adding the College Substation Switch Replacement, Project CL06- 2010, to the Capital Facilities Plan, and authorize advertisement of the project upon completion of the design. Background/Analysis: Periodically, the Electric Utility contracts for infrared scans of critical equipment to detect overheating problems before they cause an actual failure. Such a scan revealed overheating contacts on switch L20, a 69 kV switch on the transmission system near the College Substation. The location in the system is critical to supplying the City's entire electric distribution system. The immediate overheating problem was repaired last month by Light Operations crews. In the course of performing the repairs, crews determined the switch was generally in poor condition, and the wood structure supporting it has severe rotting on the top that greatly weakens the structure. The existing situation has been stabilized and is not an emergency, but it is important that this switch and related structures be replaced prior to the next winter storm season. Staff is prepared to develop the design and solicit bids from utility contractors to replace switch L20 and the supporting structure. It is recommended that the estimated $80,000 cost be funded from Electric Utility operating reserves and/or any potential operations and maintenance savings. Once bids are received, staff will return to City Council to request award of the contract and a recommended funding plan. The Utility Advisory Committee, at its April 13, 2010 meeting, recommended that Council replace the switch as described herein. It is recommended that the City Council approve the addition of the College Substation Switch Repair, Project CL06-2010, to the Capital Facilities Plan, and authorize advertisement of the work • upon completion of the design. NACCOUNCILTINAL\College Substation Switch Replacement, Project CL06-2010.doc F — 31 NGELES DATE: April 20, 2010 TO: CITY COUNCIL FROM: Glenn A. Cutler, P.E., Director of Public Works & Utilities SUBJECT: Retail Tiered Rate Methodology Study Summary: The Public Works & Utilities Department issued an invitation to qualified consultants to submit a proposal to perform services necessary to complete a Retail Tiered Rate Methodology Study for the City's Electric Utility. Recommendation: Approve and authorize the Mayor to sign a consulting services agreement with EES Consulting to complete a Retail Tiered Rate Methodology Study in an amount not to exceed $24,500. Background/Analysis: In preparing for the shift to the Bonneville Power Administration (BPA) Tiered Rate Methodology (TRM) for wholesale power purchases effective October 1, 2011, the City intends to independently assess and evaluate methods to equitably allocate the BPA wholesale TRM power costs to customer rate classes (e.g., residential, commercial, etc.), develop retail rate design options for each rate class based on the shift to BPA wholesale TRM power costs, evaluate cash reserve needs, and develop a capital financing strategy. City Council will select the most advantageous BPA wholesale TRM power cost allocation method and retail rate design option developed by this Retail TRM study. The selected retail rate design will be incorporated into the Advanced Metering Infrastructure project. The City Council selected TRM power cost allocation method and retail rate design option will also be used in the 2011 Cost -of -Service Analysis to determine the City's actual retail rates that will be effective on January 1, 2012. On January 25, 2010, the Public Works & Utilities Department issued an invitation to qualified consultants to submit a proposal to perform services necessary to complete a Retail TRM Study for the City's Electric Utility. A total of three proposals were received. A five -member evaluation team, including Council Member Nelson, scored the proposals and the top two firms participated in a secondary telephone interview. Following this telephone interview and subsequent discussion, the evaluation team unanimously selected EES Consulting to complete the study. On April 13, 2010, the Utility Advisory Committee forwarded a favorable recommendation to City Council to approve and authorize the Mayor to sign a consulting services agreement with EES Consulting to complete a Retail Tiered Rate Methodology Study in an amount not to exceed $24,500. Attachment: Proposed Consulting Agreement NACCOUNCILTINAURetail TRM Study Consultant Agreement.doc F-32 • AGREEMENT FOR PROFESSIONAL SERVICES • BETWEEN THE CITY OF PORT ANGELES AND EES CONSULTING, INC, RELATING TO: Retail Tiered Rate Methodology Study THIS AGREEMENT is made and entered into this - day of , 2010, by and between THE CITY OF PORT ANGELES, a non -charter code city of the State of Washington, (hereinafter called the "CITY") and EES Consulting, Inc., a Washington Corporation authorized to do business in the state of Washington (hereinafter called the "CONSULTANT"). WHEREAS, the CITY desires professional services related to a Retail Tiered Rate Methodology Study for its electric utility; and WHEREAS, the CITY desires to engage the professional services and assistance of a qualified consulting firm to perform the scope of work as detailed in Exhibit A, and WHEREAS, the CONSULTANT represents that it is in full compliance with the statutes of the State of Washington for professional registration and/or other applicable requirements, and • WHEREAS, the CONSULTANT represents that it has the background, experience, and ability to perform the required work in accordance with the standards of the profession, and WHEREAS, the CONSULTANT represents that it will provide qualified personnel and appropriate facilities necessary to accomplish the work; NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants, and agreements set forth below, the parties hereto agree as follows: SCOPE OF WORK The scope of professional services to be performed and the results to be achieved by the . CONSULTANT shall be as detailed in the attached Exhibit A and shall include all services and material necessary to accomplish the work. The CITY may review the CONSULTANT'S work product, and if it is not satisfactory, the CONSULTANT shalt make such changes as may be required by the CITY. Such changes shall not constitute "Extra Work" as related in Section Xll of this Agreement. The CONSULTANT agrees that all services performed under this Agreement shall be in accordance with the standards of the profession and in compliance with applicable federal, state and local laws. • The Scope of Work may be amended upon written approval of both parties. PW 0410_01 Professional Services Agreement Page 1 of 7 F - 33 Revised [05/12106] II OWNERSHIP OF DOCUMENTS Upon completion of the work, all documents, exhibits, photographic negatives, or other • presentations of the work shall become the property of the CITY for use without restriction and without representation as to suitability for reuse by any other party unless specifically verified or adapted by the CONSULTANT. However, any alteration of the documents, by the City or by others acting through or on behalf of the City, will be at the City's sole risk. III DESIGNATION OF REPRESENTATIVES Each party shall designate its representatives in writing. The CONSULTANT'S representative shall be subject to the approval of the CITY. IV TIME OF PERFORMANCE The CONSULTANT may begin work upon execution of this Agreement by both parties and the duration of the Agreement shall extend through March 31, 2011. The work shall be completed in accordance with the schedule set forth in the attached Exhibit C. V PAYMENT The CITY shall pay the CONSULTANT as set forth in this section of the Agreement. Such payment shall be full compensation for work performed, services rendered, and all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment shall be on the basis of the CONSULTANT'S standard billing rates as set forth in • Exhibit B multiplied by the actual hours worked, cost for actual labor, overhead and profit plus CONSULTANT'S direct non -salary reimbursable costs as set forth in the attached Exhibit B. B. The CONSULTANT shall submit invoices to the CITY on a monthly basis. Invoices shall detail the work, hours, employee name, and hourly rate; shall itemize with receipts and invoices the non -salary direct costs; shall indicate the specific task or activity in the Scope of Work to which the costs are related; and shall indicate the cumulative total for each task. C. The CITY shall review the invoices and make payment for the percentage of the project that has been completed less the amounts previously paid. D. The CONSULTANT invoices are due and payable within 30 days of receipt. In the event of a disputed billing, only the disputed portion will be withheld from payment. E. Final payment for the balance due to the CONSULTANT will be made after the completion of the work and acceptance by the CITY. F. Payment for "Extra Work" performed under Section XII of this Agreement shall be as agreed to by the parties in writing. • PW 041 D 01 Professional Services Agreement Page 2 of 7 F - 34 Revised [05112/06] VI MAXIMUM COMPENSATION . Unless otherwise agreed to in writing by both parties, the CONSULTANT'S total compensation and reimbursement under this Agreement, including labor, direct non -salary reimbursable costs and outside services, shall not exceed the maximum sum of $24,500.00. The budget for each task is as set forth in the attached Exhibit B. Budgets for task(s) may be modified upon mutual agreement between the two parties, but in any event, the total payment to CONSULTANT shall not exceed $24,500.00. Vll INDEPENDENT CONTRACTOR STATUS The relation created by this Contract is that of owner -independent contractor. The Contractor is not an employee of the City and is not entitled to the benefits provided by the City to its employees. The Contractor, as an independent contractor, has the authority to control and direct the performance of the details of the services to be provided. The Contractor shall assume full responsibility for payment of all Federal, State, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax. VIII EMPLOYMENT Employees of the CONSULTANT, while engaged in the performance of any work .or services under this Agreement, shall be considered employees of the CONSULTANT only and not of the CITY, and claims that may arise under the Workman's Compensation Act on behalf of said employees while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the CONSULTANT'S employees while so. engaged, on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. In performing this Agreement, the CONSULTANT shall not employ or contract with any CITY employee without the City's written consent. IX NONDISCRIMINATION The CONSULTANT 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, or other legally protected classification and, in particular: A. The CONSULTANT 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, B. The CONSULTANT 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 status, disabled veteran condition, physical or mental handicap, or national • origin. PW 0410_01 Professional Services Agreement Page 3 of 7 F - 35 Revised [05112/06] X SUBCONTRACTS A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement • without the written consent of the CITY. B. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT for work to be performed pursuant to a subcontract, including procurement of materials and equipment, each potential subconsultant or supplier shall be notified by the CONSULTANT of Consultant's obligations under this Agreement, including the nondiscrimination requirements. XI CHANGES IN WORK Other than changes directed by the CITY as set forth in Section I above, either party may request changes in the scope of work. Such changes shall not become part of this Agreement unless and until mutually agreed upon and incorporated herein by written amendments to this Agreement executed by both parties. XII EXTRA WORK The CITY may desire to have the CONSULTANT perform work or render services in connection with this project, in addition to the Scope of Work set forth in Exhibit A and minor revisions to satisfactorily completed work. Such work shall be considered as "Extra Work" and shall be addressed in a written supplement to this Agreement. The CITY shall not be responsible for paying for such extra work unless and until the written supplement is executed by both parties. XIII TERMINATION OF AGREEMENT A. The CITY may terminate this Agreement at anytime upon not less than ten (10) days written notice to the CONSULTANT. Written notice will be by certified mail sent to the consultant's designated representative at the address provided by the CONSULTANT. B. In the event this Agreement is terminated prior to the completion of the work, a final payment shall be made to the CONSULTANT, which, when added to any payments previously made, shall compensate the CONSULTANT for the percentage of work completed. C. In the event this Agreement is terminated prior to completion of the work, documents that are the property of the CITY pursuant to Section II above, shall be delivered to and received by the CITY prior to transmittal of final payment to the CONSULTANT. XIV INDEMNIFICATION/HOLD HARMLESS CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the negligent acts, errors or omissions of the CONSULTANT in performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY. 0 PW 0410_01 Professional Services Agreement Page 4 of 7 F - 36 Revised [05/12106] The CITY agrees to indemnify the CONSULTANT from any claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs, arising out of claims by 40 third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the CITY, CITY's employees, or agents in connection with the work performed under this Agreement. If the negligence or willful misconduct of both CONSULTANT and CITY (or a person Identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the CONSULTANT and the CITY in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity shall apply for such proportion. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.415, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the CONSULTANT, the CITY, and the officers, officials, employees, and volunteers of either, the CONSULTANT'S liability hereunder shall be only to the extent of the CONSULTANT'S negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the CONSULTANT'S waiver of Immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. However, the CONSULTANT expressly reserves its rights as a third person set forth in RCW 51.24.035. 7(V INSURANCE The CONSULTANT shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, employees or subcontractors. No Limitation. CONSULTANT'S maintenance of insurance as required by the agreement shall not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the CITY'S recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage; and, 2. Commercial General Liability insUrance shall be written on ISD occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, and personal injury and advertising injury, The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City; and, QVV 0410 01 Professional Services Agreement Page 5 of 7 F - 37 Revised [051121061 3. Workers' Compensation coverage as required by the Industrial Insurances laws of the State of Washington, and 0 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2_ Commercial General Liabilfty insurance shall be written with limits no less than $1,1000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit, C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance; 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shalt not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled, suspended or materially changed by either party, except after thirty (30) days prior written notice by certified mall, return receipt requested, has been given to the City. 3. Any payment of deductible or self-insured retention shall be the sale responsibility of the CONSULTANT. 4. The CONSULTANT'S insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's €lability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, do evidencing the insurance requirements of the Consultant before commencement ofework. PW 041001 Professional Services Agreement Page B of 7 _ Revised O&121061 • • • XVI APPLICABLE LAW This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and in the event of dispute the venue of any litigation brought hereunder shall be Clallam County. XVII EXHIBITS AND SIGNATURES This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following exhibits are hereby made a part of this Agreement: Exhibit A - Scope of Work Exhibit B -- Budget Costs for Each Task Exhibit C - Schedule for the Work IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF PORT ANGELES KENT MYERS, CITY MANAGER CONSULTANT TITLE: PW 0410 01 Professional Services Agreement Page 7 of 7 Revised [05/12/0S] APPROVED AS TO FORM:. WILLIAM E. BLOOR, CITY ATTORNEY ATTEST: BECKY J. UPTON, CITY CLERK F-39 Retail TRM Study Exhibits EXHIBIT A Retail TRM Study Scope of Services The primary components of the Retail Tiered Rate Methodology (TRM) rate design study include: ■ Update background data (revenue requirement, rate base and load data) and review load data ■ Evaluate cash reserve needs ■ Review capital improvement financing strategy impacts ■ Determine allocated revenue requirements by customers class ■ Design rate options for customers that incorporate energy efficiency and demand response ■ Evaluate alternatives, make recommendations and present results in a clear manner to the City's staff and policymakers TASK 1: Update Background Data and Review Load Data Objective: The Consultant will establish the study's foundation by conducting a structured data collection and analysis process. This task shall include updating the relevant data fields and other necessary revisions to a COSA model to be provided by the City or the Consultant. The Consultant will strive to uncover any data limitations, issues or concerns that will need to be addressed early in the process to ensure successful completion of the study. The Consultant shall update and review all data required for the remaining analysis. 1. The Consultant shall provide the City with a data request in spreadsheet form to obtain 2009 actual revenues, expenses, wholesale power costs, retail sales, and load data to be incorporated into the Consultant's COSA model. a. Rate classes included in this study are the City's distribution system customers: residential, general services, general services demand, general services demand — primary metered, primary service, lighting, municipal water pumping, and nonprofit tax deductible. The City's Industrial Transmission rate class is not included in this study. b. The test -year shall be developed using the City's 2009 actual revenues and expenses. The electricity consumption data will include the actual heavy and light -load hour energy consumption and the distribution system's non -coincident peak (NCP) demand per rate • _, _ F -40 • class, which shall be reviewed by the Consultant prior to use in the study and allocated to the applicable rates classes. 2. The City's most recent COSA assumptions and methodology shall be reviewed and possible modifications will be evaluated if any material changes in the City's cost -causation factors may have occurred since the last COSA was developed. 3. Based on actual 2009 total system data and billed energy and demand data, heavy and light load energy and non -coincident demand data will be verified for each rate class. TASK 2: Evaluate Cash Reserve Needs Objective: The Consultant will review City policies regarding cash reserve management requirements in light of BPA's wholesale TRM and the revenue risk inherent in each proposed rate design option. This review will ensure maintenance of the minimum threshold for each fund listed below, and the financial and rate impacts for establishing any new or revised reserves or target levels. The Consultant shall identify the current and projected cash reserves needed for the City. 1. The following reserves will be reviewed: 1) cash (operating) reserves; 2) rate stabilization (TRAM) reserves; 3) energy conservation and cash restricted for loan guarantees; 4) bond reserves, 5) contributions to the Light Operations Facility replacement fund, and; 6) resumed contributions to the City's Morse Creek Hydroelectric Project. 2. The current and recommended cash reserve levels, in particular given the new risks related to the wholesale TRM, will be provided to the City. TASK 3: Evaluate Capital Improvement Financing Strategy Objective: The objective of the capital improvements financing strategy is to determine the optimal mix of available resources from rate revenues, connection fees, and debt financing to ensure financial health of the City and to smooth the impacts on retail rates from capital funding needs for current and future rate payers. The analysis shall consider depreciation and compare the City's debt ratio for the electric utility to industry benchmarks and provide recommendations on future policies related to debt service and the cash -financing of capital improvements. The Consultant shall identify the current and projected cash reserves needed for the City. 1. The options reviewed will incorporate a combination of debt financing, revenues from rates and connection fees to determine the optimum financing strategy for the City. • 2. Each option will be evaluated based on the resulting debt/equity ratio and overall rate increases needed. 3. The City's CIP budget will be examined and several scenarios will be analyzed to determine the optimal financing strategy for the City. TASK 4: Allocate Revenue Requirement by Class Objective: The Consultant shall determine an equitable method to allocate the annual revenue requirement to the various customer classes using generally accepted cost allocation methods while providing up to three methods to allocate the City's BPA wholesale TRM power costs to each rate class. Wholesale power costs for 2009 include, but are not limited to, HLH Energy, LLH Energy, CP Demand, and Transmission, shall be compared to projected TRM wholesale power costs, which include, but are not limited to, HLH Energy, LLH Energy, NCP Demand, and Transmission. 1. Costs will be functionalized by itemizing plant investments and related expenses by the following functions:generation, transmission, distribution, customer services, conservation, and administrative and general (A&G). 2. Costs will be classified to determine whether each individual plant investment or cost was incurred to meet a customer's demand, energy or customer related need. 0 3. Costs will be allocated to the City's rate classes by developing allocation factors based on customer information, historic load data and projected usage by rate class. Where 2009 data is not available, data from the City's previous COSA will be applied. 4. Consultant shall provide a minimum of three different allocation methods to allocate BPA's future wholesale TRM power supply costs to each rate class after discussion with City staff. These could include assigning HWM by individual rate class or melding Tier 1 power costs across all customer rate classes. The allocation methods will also address Tier 2 power supply cost allocation and the potential impact of growth differences by customer class on retail rate revenue risk and economic development. 5. Average unit costs by functional category will be provided based on the allocated costs and billing determinants developed for each rate class. Unit costs will be presented for energy (¢/kWh), demand ($&W), and customer related ($/Customer/Mo.) charges for each customer rate class. The average unit costs represent cost of service rates and can be used as an input in the rate setting process. The unit costs can also be used to compare the rate impact of different allocation methodologies. • 6. Any cost -of -service subsidies that may exist between rate classes will be identified in this task and addressed before starting any rate design. TASK 5: Develop Rate Design Options Objective: This task includes evaluating the City's existing retail uniform and time -of -use rates to reflect the impacts of wholesale TRM power costs that must be feasible. to deploy using the City's SunGuard Public Sector NaviLineZ customer information system. The Consultant shall develop at least three retail rate design options (e.g., demand response, rates that un -bundle distribution and commodity costs, rates that mirror the BPA wholesale TRM design, inverted block rates, etc.) for each rate class. The rate design options will be developed to be consistent with the City's cash reserve needs and capital improvement financing strategy, and generate sufficient revenue to meet the projected requirements. The Consultant shall develop reasonable rate options using a variety of approaches, ranging from the current rate design to strict cost based rates incorporating available data and billing system, capabilities. 1. Different rate options based upon the goals and objectives identified by the City will be analyzed. Rate options can include both bundled and unbundled pricing to show the impacts of potential retail access and power supply allocation methodologies. 2. Proposed rates for energy (0/kWh), demand ($/kW), and Customer related ($/Customer/Mo.) charges will be provided for each customer class for each year of the study period. 3. Alternative rate designs including blocks, time of use, seasonal, and other appropriate charges may be developed, desired by the City. Consideration of Tier 1 and 2 power costs from BPA will be incorporated into rates. For each rate design, the Consultant will discuss how the rate design encourages energy efficiency. 4. For each rate class, a demand response rate based on EPA's TRM demand rate will be developed. 5. Revenues for each of the rate options will be compared to the system -wide and individual customer class revenue requirements including determining the percentage of revenue from fixed vs. variable portion of the rate. 6. Customer bill comparisons will be developed to determine the rate impacts on different customer classes for different rate alternatives. 7. Provide recommendation for metering components (e.g., heavy and light load hour energy consumption, NCP demand, etc.) that the City's .new AMI system will need to be capable of providing. TASK 6: Meetings, Presentations and Reports Objective: The Consultant shall present the options identified above and the results to staff', senior management, the City's Utility Advisory Committee and the City Council in a clear and easy to understand manner. 1. Provide support in presenting results and making recommendations to the City's management staff and policymakers, as desired. 2. Participate in two conference calls with staff to discuss preliminary results 3. Participate in up to two video conferencing with senior management to discuss alternatives and recommendations 4. Participate in up to two presentations to the City's Council and Utility Advisory Committee to present alternatives and receive policy direction. 5. A draft report with the results of the study will be provided after the preliminary analysis is finalized. 6. Once the City has reviewed the draft report, the Consultant shall incorporate any comments or suggestions into a final report. The Consultant shall provide the City with three copies of the final report, including all study spreadsheets and electronic copies of the report. • 0 EXHIBIT B Time Line A proposed schedule to complete the work is provided below. I April 2010 May 2010 June 2010. July 2010 Data Gathering and Review MEN ,P Financing StrategyF J ■E■ AHocated Rev. Requirement Draft Report/Presentations _MEN Final _ If �;1I4+ t: 0 EXHIBIT C Budget EES Consulting charges the following hourly billing rates. President........................................................................................................ $185 ManagingDirector..........................................................................................160 2,000 Manager.......................................................................................................... 155 Senior Project Manager...................................................................................150 5,000 ProjectManager..............................................................................................145 10,000 Senior. Analyst/Engineer.................................................................................140 2,500 Analyst/Engineer.............................................................................................135 $24,500 Senior Administrative Assistant......................................................................120 Out-of-pocket expenses will be billed separately at their actual cost to EES Consulting. Except for any authorized travel expenses, it is anticipated that these expenses will be minimal. 0 - The proposed scope includes a basic revenue requirement allocation study with emphasis on complex power supply allocation, discussion of cash reserve needs and CIP financing strategy and detailed rate • design. The budget below assumes that the City will provide 2009 financial and load data in a spreadsheet format provided by the Consultant. Based on this scope, the proposed budget is the following: Updated COSA information $ 3,000 CIP Financing Strategy 2,000 Cash Reserve Needs 2,000 Allocated Revenue Requirement 5,000 Rate Design 10,000 Meetings/Presentations 2,500 Total $24,500 0 • NGELES DATE: April 20, 2010 TO: CITY COUNCIL FROM: Glenn A. Cutler, P.E., Director of Public Works & Utilities SUBJECT: Simple Steps, Smart Savings Promotion Services Agreement Summary: The City was offered a new Agreement to deliver energy-efficient compact fluorescent lamps to its electric utility customers by the Bonneville Power Administration (BPA) through Fluid Marketing Strategies, Inc. Under the retail markdown component, all City expenses are eligible for reimbursement under the BPA's energy conservation program. Recommendation: Authorize 1) the Mayor to sign the Simple Steps, Smart Savings Promotion Services Agreement, 2) the City Manager to make minor modifications to the Agreement, if necessary, and 3) the Director of Public Works and Utilities to sign any amendments to the Agreement. Background/Analysis: Since 2007, the City has participated in the "Change a Light, Change the World" compact fluorescent lamp (CFL) markdown promotion. Under this effort, the City made payments that were used to markdown CFL prices at local retailers. This type of market transformation proved itself to be highly effective in promoting energy efficiency. For example; more than one-third of the BPA's fiscal year 2009 energy savings were achieved by encouraging the use of CFLs purchased under this program. BPA recently launched its new follow-on program "Simple Steps, Smart Savings" through Fluid Marketing Strategies, Inc. This effort focuses on increasing the use of CFLs, and now includes specialty light bulbs and showerheads delivered through retail markdown, as well as other possible mechanisms such as contractor promotions and direct installation in homes. The new Agreement is anticipated to result in total City payment up to $50,000 through January 31, 2012. Participating retailers currently include: Thurman's Electrical & Plumbing Supply, Inc., Walmart, Clallam Coop, Costco, and Home Depot. Other interested retailers can participate after signing a separate agreement with Fluid Marketing Strategies, Inc. Under the retail markdown component, all City expenses are eligible for reimbursement under the BPA's energy conservation program. Staff will encourage additional City of Port Angeles retailers to join the program and will promote customer awareness. On April 13, 2010, the Utility Advisory Committee forwarded a favorable recommendation to City Council to authorize 1) the Mayor to sign the Simple Steps, Smart Savings Promotion Services Agreement, 2) the City Manager to make minor modifications to the Agreement, if necessary, and 3) the Director of Public Works and Utilities to sign any amendments to the Agreement. • Attachment: Proposed Simple Steps, Smart Savings Promotion Services Agreement F-47 NXCOUNCILTINAUSimple Steps, Smart Savings Promotion Services Agreement.doc Simple Steps, Smart Savings. Promotion Services Agreement This Promotion Services Agreement ("Agreement") is entered into as the day of 2010 between the City of Port Angeles, 321 East 51h Street, Port Angeles, Washington 98362 and Fluid Market Strategies, Inc. 517 SW 4th Avenue Suite 400, Portland, Oregon 97204, hereinafter called "Contractor". The City of Port Angeles and Contractor may also hereinafter be referred to individually as, "Party", or collectively as, "Parties", This Agreement shall remain in force only for the duration of the period specified below, unless extended in accordance with this Agreement (Term). All obligations incurred under this Agreement shall survive the Term until satisfied. Project Name Simple Steps, Smart Savings. Contract Period April 1, 2010- January 31, 2012 Client Name City of Port Angeles Client Representative Bob Kajfasz Telephone Number number Address 321 East 5"' Street City, State, Zip Port Angeles, Washington 98362. Contractor Name Fluid Market Strategies, Inc. Telephone Number 503-808-9003 Address 517 SW 4th Ave Suite 400 City, State, Zip Portland, Or. 97204 Taxpayer Identification Number 20-3767308 The following Exhibits to this Agreement, if any, are by this reference incorporated into and made part of this agreement by the following attachments: Exhibit A -Schedule of Rates Exhibit B- Project Orders Incorporated Documents, if any 1. Scope of Services This agreement sets forth the terms and conditions which shall govern services that from time to time, during the Term hereof, may be requested by the City of Port Angeles and agreed to by Contractor (the "Services"). However, execution of this Agreement does not obligate either Party to request or perform any specific services. The City of Port Angeles makes no representation to Contractor of the amount of Services, if any, which may be requested from Contractor under this Agreement. 0- This Agreement covers the services specified in Exhibit B- Project Orders, which is hereby included and made a part of this Agreement. The Contractor agrees to perform the services • specified in Exhibit B in the manner and within the time specified therein. Except as expressly F_ AP provided elsewhere in the Agreement, any and all modifications or revisions to Exhibit B (including, but not necessarily limited to, additions, deletions, and extensions) must be in writing and signed by both parties. The scope of services offered by Fluid enable the City of Port Angeles to customize promotional de€ivery mechanisms far the Simple Steps, Smart Savings Promotion in their service territory. These promotions include retail markdown promotions, builder channel promotions, direct mail fulfillment, online fulfillment, bulk purchase, and direct installation opportunities of the fallowing products: Twist CFLs: Regular Twists, Daylight Twists, A -Lamps S ecialt CFLs: Reflectors, Globes, Candelabras, Torpedoes, Outdoor Lighting Fixtures: Indoor Ward -Wired Fixtures Showerheads: 2.0 GPM or less Participation in any or ail of the delivery mechanisms is determined by the City of Port'Angeles and agreed upon with individual purchase orders (Exhibit 8). Each purchase orders will define the process and fees associated with the approved delivery mechanisms in which the City of Port Angeles agrees to by signing the agreement and individual purchase orders. - 2. Term of Agreement The effective date of this Agreement (Term) is April 1, 2018 and continues in effect until the 31st of January, 2012, unless the Parties agree in writing to extend the Term, or unless this Agreement is earlier terminated in accordance with the Early Termination provisions below. 3. Compensation and Payment The Parties shall specify in each Project Orders executed pursuant to this Agreement the method of compensation and manner of payment for Services provided pursuant to this Agreement the rnethod of compensation and manner of payment for Services provided pursuant to that specific Project Orders. Compensation shall be determined on the basis of the administrative fee and unit prices. Such rates or prices shall be specified in each Project Orders along with any not -to -exceed amount applicable to the Services. Payment for sertices pursuant to a Project Orders shall be made as follows: a; Upon completion of the Services described herein, Contractor shall submit,a monthly invoice with attached expenses to the City of Port Angeles and to the attention of: City of Port Angeles Attn: Bob Kajfasz 321 East 5'}' Street Port Angeles, Washington 98362 v F-49 2 The invoice must be itemized to show incentives processed and related administrative fees charged. The City of Port Angeles will pay the undisputed portion of the invoice within thirty (30) �.. days of the receipt. 4. Documentation The Contractor shall maintain records documenting all fees and expenses in excess of $5.00, incurred either by Contractor or any subcontractor of Contractor in the performance of this Agreement. [luring regular business hours and upon reasonable notice, the City of Port Angeles, or its designee, shall have the right to inspect and audit all records required to be maintained - under this Agreement. 5, insurance The Contractor, and any subcontractor engaged by Contractor in its performance of this Agreement, shall carry and maintain fully paid commercial general liability, automobile liability and workers compensation insurance. All policies shall be written only by insurers admitted to do business in Washington and having a rating of at least "A" and a financial rating of at least "VilI" on the most current edition of Best's Key Rating Guide or comparable rating by another generally recognized rating agency. Ali policies shall be endorsed to (a) specify the City of Port Angeles as an additional insured to the full extent of its right to indemnification under this Agreement, and (b) provide that the City of Port Angeles shall be given no less than thirty (3 0) days advance written notice of cancellation or material change in coverage. Certificates of insurance shall be sent to the City of Port Angeles before work begins. ■ Contractor shall obtain the following minimum insurance coverage ("Required insurance") prior to the Effective Date, at its expense, and keep the Required Insurances in effect during the Term (except with respect to Professional Liability Insurance, when they shall be kept in effect for a period of the Term plus two years); ■ Workers' Compensation Insurance in compliance with statutory requirements; • Commercial General Liability Insurance (including contractual liability), on any occurrence basis, with not less than $1,000,000 per occurrence for bodily injury and property damage liability, with an annual aggregate limit of $2,000,000; • Professional Liability Insurance, including errors and omissions coverage, with a per occurrence and aggregate limit of not less than $1,000,000, to protect against all loss suffered by the City c Port Angeles or third parties, including financial and consequential loss, caused by error, omission, or negligent acts related to provision of the Services; Commercial Automobile Liability Insurance, with a combined single limit, or the equivalent of not less than $1,000,000 per occurrence, for bodily injury and property damage with respect to Contractors vehicles, whether owned, hired, or non -owned, assigned to, or used by Contractor in connection with the Services; and U F -�O • The Required Insurances shall be with insurance companies admitted to do business in the state of Washington and rated "A" or better by Bests Insurance Rating. Contractor shall furnish the City of Port Angeles with certificates of insurance for each of the Required Insurances. The Commercial General Liability, Commercial Automobile Liability, and Umbrella Coverage shall (i) name the City of Port Angeles, its directors, offices, and employees, as additional insured, (ii) provide that it is primary insurance with respect to the interests of the City of Port Angeles and that any insurance maintained by the City of Port Angeles is excess and not contributory, (iii) include a cross -liability and severability of interest clause, and (iv) shall include coverage for Hazardous Substances. 5. Safety Contractor will be solely and completely responsible for the training of its employees, agents and contractors ("Personnel") and the conditions of the work site, including safety of all persons and property during the performance of services. 7. Governing Law, Venue and Attorney's Fees The laws of the State of Washington shall govern this agreement. Exclusive venue in case of legal suit or action is instituted to enforce compliance with any terms, covenants, or conditions of this agreement shall lie in Clallam County, Washington. Both parties agree to submit to the personal jurisdiction of any court of competent subject matter jurisdiction in Clallam County, Washington. In the event of legal suit or action, including any appeals there from, brought by either party • against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall reimburse the prevailing party for its reasonable attorney fees and costs incurred in the suit or action including investigation costs, expert witness fees and costs of depositions. If any part of this agreement is found to be in conflict with applicable laws, such parts shall be inoperative, null and void so far as it is in conflict with said laws, but the remainder of this agreement shall be in full force and effect. 8. Good Faith Negotiation/Mediation Prior to filing suit or initiating arbitration on any dispute, which arises between the Parties under or relating to this Agreement, the Parties agree to attempt to resolve the dispute through good faith negotiation. If the dispute cannot be resolved through good faith negotiation, the Parties agree to hire an independent, trained and mutually acceptable mediator to mediate the dispute. The cost of the mediator will be shared equally by the Parties. The mediation shall be conducted at the City of Port Angeles, Washington. 9. Suspension of Work by Utility The City of Port Angeles may suspend, in writing, all or a portion of Contractors services under Exhibit B in the event unforeseen circumstances make normal progress in the performance .ofthe Contractors work inadvisable in the opinion of the City of Port Angeles. Contractor may request that the work be suspended by notifying the City of Port Angeles, in writing, of circumstances which are interfering with normal progress of the work. The time for completion of the remaining work shall be extended by the number of days the work is suspended by the City of • Port Angeles, unless both parties can mutually agree upon a new completion time. In the event the period of suspension exceeds 90 days, the terms of this Agreement shall be subject to F-541 renegotiation; provided, however, that if such renegotiation of a mutually acceptable replacement contract has not occurred within 180 days after suspension (Renegotiation Period), then either party may terminate this Agreement in accordance with the early termination provision hereof, provided further, that the failure to renegotiate this Agreement within the Renegotiation Period shall not be construed as a breach of the Agreement by either Party. 10. Suspension of Work by Contractor Contractor may suspend, in writing, all or any portion of its services under this Agreement, but only if and to the extent the City of Port Angeles, fails to make timely payment in accordance with the terms of this Agreement. The City of Port Angeles, shall have a period of sixty (60) days from the date on which payment was due (Cure Period) within which to satisfy any arrearages in payment. Contractor shall resume performance of any suspended services upon receipt of payment of any arrearages from the City of Port Angeles, within the Cure Period. 11. Early Termination Either party shall have the right, but not the obligation, to terminate this Agreement, on sixty (60) days written notice, in the event the other party's service or performance fails to conform to the requirements of this Agreement. Contractor shall have the right, but not the obligation, to terminate this Agreement, effective upon expiration of the Cure Period, in the event the City of Port Angeles, fails to pay any arrearage within the Cure Period. Either party shall have the right but not the obligation, to terminate this Agreement in the event work is suspended under this Agreement for a period in excess of 90 days and no renegotiation of this Agreement has occurred within the Renegotiation Period. Any right of early termination shall be in addition to, not in replacement of, any and all rights and remedies a party may have for breach of the Agreement by • the other Party. 12. Subcontractors Contractor may contract with one or more qualified subcontractors (Subcontractor Agreement) to perform a portion of the services specified in the Scope of Work; provided, however, that Contractor shall remain solely responsible to the City of Port Angeles, for all performance under this Agreement and, provided further, that the City of Port Angeles, shall have no responsibility for the review or supervision of the work of any subcontractor or for any payment to any subcontractor. All subcontractor agreements shall require the subcontractor to comply with the invoicing, insurance, suspension of work, audit, documentation, confidentiality and return of records obligations imposed on Contractor by this Agreement. No subcontractor shall be deemed to be a third party beneficiary of this Agreement or to have any other rights under this Agreement. 13. Relationship of Parties Contractor is an independent contractor, and this Agreement is not intended to form a partnership or joint venture between the Parties. Individuals employed by Contractor are not employees or agents of the City of Port Angeles, nor are Contractors subcontractors employees or agents of the City of Port Angeles. Each Party is solely responsible for payment of compensation to its employees and personnel and will withhold and pay to the appropriate authorities all taxes, contributions, and assessments imposed or required under all laws with • F-�2 • respect to payment. The Contractor will require these terms in all agreements with subcontractors for work undertaken for this Agreement. 14. Return of Records On termination of the contract, the Contractor will consult with the project manager at the City of Port Angeles, about whether pertinent records should be returned. if requested, the Contractor will deliver to the City of Port Angeles, all records, reports, data memoranda, notes models or publications whether electronic or hard -copy, equipment and supplies of any nature, and receipts for any and all billing made to the City of Port Angeles, that -are in possession or under control of the Contractor, prepared or acquired in the course of the contract with the City of Port Angeles. Further, the Contractor agrees not to keep or withhold such information or data, or reproductions of such information or data that relate to the business activities of the City of Port Angeles, or to parties in a contract relationship with the City of Port Angeles, Alternatively, if the return of records and equipment or supplies is not requested, Contractor agrees to retain these items for three years after the completion of this contract and to notify the City of Port Angeles, project manager at the end of that time before disposing of them. Contractor shall include a provision substantially identical to the foregoing in all its Subcontractor Agreements. 15. Indemnification The Contractor will indemnify, hold harmless, and defend the City of Port Angeles, and, its officers, employees, agents, representatives, and affiliates (each an Indemnified Party) against any and all losses, liabilities, damages, claims, suits, proceedings, judgments, assessments, costs, • and expenses (including interest and penalties), and including reasonable attorney fees and expenses, incurred by the City of Port Angeles, and arising from (i) negligent or wrongful acts or omissions of the Contractor or of its officers, employees, agents, representatives, subcontractors, or affiliates of this Agreement, or (iii) any finding, judgment or other determination or settlement whereby the Contractor is deemed or considered to be the employer of the other Party. The Parties specifically agree that the provisions of this Section also apply to any claim of injury or damage to the persons or property of the Contractors employees. Contractor acknowledges and agrees that, as to such claims, the Contractor, with respect to the City of Port Angeles, hereby waives any right of immunity which Contractor may have under industrial insurance (Title 51 RCW as amended and under any substitute or replacement statue). This waiver was specifically negotiated by the Parties, is solely for the benefit of the Parties and their successors and assigns, and is not intended as a waiver of Contractors right of immunity under said industrial insurance for any other purpose. ib. Force Majeure Notwithstanding anything contained in this Agreement to the contrary, neither Party will be deemed liable or to be in default for any delay or failure in performance under this Agreement deemed to result from acts of God, acts of civil and military authority, acts of public enemy, war, or any like cause beyond the Parties reasonable control. 17. Severability • Should any provision of this Agreement be held by a tribunal of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement will remain in full force and effect. F-5� IS. Notices Notices required to be made under this Agreement shall be served personally, by facsimile transmission, by overnight courier to the address shown above, or by email, with a duplicate sent by certified mail, return receipt requested. Notice shall be effective only upon receipt by the party being served. Effective Date and Term This Agreement, including its exhibits, shall be effective immediately upon execution by both parties. the City of Port Angeles Signature Signature Name Name Date Date Fluid Market Strategies F-�4 9 • • is C� Exhibit A Schedule of Rates The Schedule of Rates includes all Bonneville power Administration promotional components. These rates are to be used as a guide for determining promotional involvement and can be altered through agreed upon terms. These rates do not require that the City of Port Angeles will be participating in these promotions they are for reference ,purposes only. The signed project orders will' include the agreed upon rates and unit goals. Option 1: City of Part Angeles Run Direct Install. Fluid will provide products (hulk purchase) for the City of Port Angeles staff installation and/or the City of Port Angeles selected installation team. The City of Port Angeles has the option to utilize marketing materials and trainings. See bulk purchase pricing. City of Port Angeles Run Direct lnstall Pricing: Product Description Product Admin Cost Fee Subtotal Stripping Direct Install CFL Twist 13-15 Watt $1.19 $0.22 $1.41 TSD, If needed Direct Install CFL Twist 18-20 Watt $1.39 $0.22 $1.61 TSD, if needed Direct install CFL Twist 23-26 Watt $1.65 $0.22 $1.87 TSU, if needed Direct Instail Specialty CFL Reflector $2.88 $0.22 $3.10 TSD, if needed Direct Install Specialty CFL Globe $2.88 $0.22 $3.10 TSD, If needed Direct Install Showerhead $3.50 $0.22 $3.72 TSD, If needed Option 2: City of Port Angeles Run Direct Install. In addition to providing products (Bulk Purchase), Fluid will provide installer training and reporting materials, If third parties are chosen by the City of Part Angeles for performing direct installations, Fluid will provide select on-site verification. City of Port Angeles Run Direct install with Training and Verification Pricing: Product Description Product Cost Admin Fee Addt'i City of Port Angeles Cost Installation Total Direct Install CFL Twist 13-15 Watt $1.19 $0.30 $2.25 $3.74 Direct lnstafl CFL Twist 18-20 Watt 1 $1.39 $0.30 $2.25 $3.44 Direct Install CFL Twist 23-26 Watt $1.65 $0.3o $1.95 $3.90 Direct Install Specialty CFL Reflector $2.88 $0.30 $2.25 $5.43 Direct Install Specialty CFL Globe $2.88 $0.30 $2.25 $5,43 Direct install 5howerhead $3.50 1 $0.30 $5.00 $17..80 F -5P Option 3: Fluid Run Direct Install. Fluid will provide the products and a trained installation team which may include Fluid staff; industry partners such as contractors and/or retailers with in-home services. Fluid Run Direct Install Pricine: Product Description Product Cost Admin Fee Addt'I City of Port Angeles Cost Installation Total Direct Install CFL Twist 13-15 Watt $1.19 $0.35 $2.25 $3.79 Direct Install CFL Tavist 18-20 Watt $1.39 $035 $2.25 $3.99 Direct Install CFL Twist 23-26 Watt $1.55 $0.35 $2,00 $4.00 Direct install Specialty CFL Reflector $2.88 $0.35 $2.25 $5.48 Direct Install Specialty CFL Globe $2.88 ll $0.35 $2.25 $5.48 Direct Install Showerhead $3.50 1 $0.35 $8.00 $11.85 Direct Install teams will perform the installation, data collection, a home snapshot and report on activities .When third parties are utilized for performing direct installs Fluid will provide select on- site Verification. The home snapshot will include: i Socket Count Appliance Information Heating Equipment Information Bulk Purchase Capture competitive priciIng through our CFL and Showerhead manufacturing partnerships to purchase product in bulk for events, giveaways, etc. Bulk Purchase: Product Admin Product Description Cost Fee Subtotal shipping handling CFL Twist 13-15 Watt $1.19 $4.24 $1.39 TBD, if needed quoted and passed through CFL Twist 18-20 Watt $1.39 $0.20 $1.59 TBD, if needed CFL Twist 23-26 Watt $1.6s $0.2.0 $1.85 TBD, if needed Specialty CFL Reflector $2.88 $0.20 $3.08 TBI], if needed Specialty CFL Globe $2.88 $0.20 $3.08 TBD, If needed 5howerhead $3.50 $0.20 $3.70 TBD, if needed Direct Mail The promotion will deliver CFLs (check implementation manual for limit) and showerheads to the City of Port Angeles customers with energy tips and installations instructions. F-�6 • • Direct Mail: Product Admin Product Description Cost Fee Subtotal Shipping handling Direct Mail CFL Twist 13-15 Watt $1.19 $0.25 $1.44 TBD, If needed quoted and passed through Direct Mail CFL Twist 18-20 Watt $1.39 $0.25 $1.64 TBD, if needed Direct Mail CFL Twist 23-26 Watt $1.65 $0.25 $1.90 TBD, if needed Direct Mail Specialty CFL Reflector $2.88 $0.25 $3.13 TBD, if needed Direct Mail Specialty CFL Globe $2.88 $0.25 $3.13 TBD, if needed Direct Mail Showerhead $3.50 $0.25 $3.75 TBD, if needed Online Offers This offer provides a vehicle for utilities looking for an online solution. With this, your customers will have the opportunity to purchase CFLs and Showerheads online at a dedicated website. The City of Port Angeles landing pages on this website can be customized with product selection and the City of Port Angeles look & feel. . Online Offers No Cost to Consumer: Product Admin Product Description Cost Fee Subtotal Shipping Handling Online CFL Twist 13-15 Watt $1.19 $0.25 $1.44 TBD, if needed Online CFL Twist 18-20 Watt $1.39 $0.25 $1.64 TBD, if needed Online CFL Twist 23-26 Watt $1.65 $0.25 $1.90 TBD, if needed Online Specialty CFL Reflector $2.88 $0.25 $3.13 TBD, if needed Online Specialty CFL Globe $2.88 $0.25 $3.13 TBD, if needed Online Showerhead $3.50 $0.25 $3.75 TBD, if needed Online Offers Consumer Purchase: Product Description Product Cost Admin Fee Subtotal Handling Shipping Payment Processing Online CFL Twist 13-15 Watt $1.19 $0.25 $1.44 TBD, if needed TBD Online CFL Twist 18-20 Watt $1.39 $0.25 $1.64 TBD, if needed TBD Online CFL Twist 23-26 Watt $1.65 $0.25 $1.90 TBD, if needed TBD Online Specialty CFL Reflector $2.88 $0.25 $3.13 TBD, if needed TBD Online Specialty CFL Globe $2.88 $0.25 $3.13 TBD, if needed TBD Online Showerhead $3.50 $0.25 $3.75 TBD, if needed I TBD F - 1%7 Retail & Builder Channel Locations The Residential Products Promotion will be partnering with retailers and builder channels to provide discounted pricing on showerheads, twister CFLs, specialty CFLs, and hard wired fixture products. Retail & Builder Channel Pricing: Product Description Product Cost Admin Fee Total CFL Twist - Retail �, $0.50 $0.25 $0.75 CFL Specialty -Retail $2.00 $0.25 $2.25 Fixtures Indoor -Retail $8.00 $0.25 $8.25 Showerheads 2.0 GPM or less -Retail $7.00 $0.25 $7.25 0 -- • • • NGELES DATE: April 20, 2010 TO: CITY COUNCIL FROM: Glenn A. Cutler, P.E., Director of Public Works & Utilities SUBJECT: Nippon Paper Industries USA Co., Ltd., Cogeneration Memorandum of Intent Summary: Nippon Paper Industries USA Co., Ltd., offered the City a non-binding Memorandum of Intent to indicate the City's interest in purchasing a portion of the output of a cogeneration project that is under consideration. Recommendation: Authorize the City Manager to sign a non-binding Memorandum of Intent with Nippon Paper Industries USA Co., Ltd., and to make minor modifications to the Memorandum of Intent, if necessary. Background/Analysis: Nippon Paper Industries USA Co., Ltd., (NPI) has been assessing the cost and benefit of a cogeneration project at their Port Angeles mill for the last few months. The project would use a wood -fired (biomass) boiler to generate 18.6 megawatts of renewable energy. NPI anticipates it • will make a go/no-go decision on this project in June 2010, with construction commencing by the end of this year to ensure eligibility of a federal grant. The cogeneration project would commence operation in 2012. The City's Electric Utility is not required by state law to purchase renewable energy. However, the City's Electric Utility is required by state law to update its 2008 Resource Plan by September 1, 2010. Based on the 2008 Plan, 5 and 10 year Tier 2 purchases were estimated to be 3.39 and 4.35 average megawatts, respectively. Although prior City Council direction was to double the conservation program 'to reduce or eliminate future Tier 2 purchases through September 30, 2014, purchasing a portion of the output of NPI's future cogeneration project could, also, be considered for some of the City's future Tier 2 needs. In accordance with the Bonneville Power Administration Power Sales Agreement, the City Council will be asked to consider how it will satisfy the Tier 2 needs from October 2014 through September 2019 before September 1, 2011. A more formal commitment to NPI for cogeneration power purchases should be considered at that time. On April 13, 2010, the Utility Advisory Committee forwarded a favorable recommendation to City Council to authorize the City Manager to sign a non-binding Memorandum of Intent with Nippon Paper Industries USA Co., Ltd., and to make minor modifications to the Memorandum of Intent. if necessary. • Attachment: Draft Memorandum of Intent F-59 WCCOUNCILFINALNPI Cogeneration Letter of Intent Memo.doc CITY OF ORT NGELES .. W ASH I N G T O N, U.S.A. Public Works & Utilities Department Memorandum of Intent This Memorandum of Intent (MOI) outlines the principal terms and conditions of the understanding between Nippon Paper Industries USA Co., Ltd. (NPIUSA) and City of Port Angeles (Utility) (together, the Parties) regarding the potential purchase and sale of electric power that NPIUSA plans to generate I from a proposed 200,000 Ib/hr wood -fired (biomass) boiler and 18.6 MW average extraction/condensing turbine -generator facility (the Project) at the NPIUSA paper mill site in Port Angeles, Washington (the Site). NPIUSA intends to pre -certify electric power generated at the Project for California, Oregon and Washington Renewable Portfolio Standards (RPS) as required. Utility will consider purchasing from NPIUSA electric power certified to meet RPS requirements for delivery in October 2014 - September 2028, if needed. Project specifications, power delivery dates and amounts and anticipated pricing are all reasonable approximations. This MOI does not create a binding obligation on either Party. Any purchase of electric energy by the Utility will require a future agreement and is subject to the formal approvals of the Parties. The Parties will conduct further due diligence regarding the Project. Project specifications may change during the planning and analysis of the Project. The Project is presently planned as follows: • Commercial Operation Date — Q3, 2012; s Project Size — 18.6 MW avg.; • Project Characteristic — Firm Renewable Power — 94-96% Annual Capacity Factor; i • Project Fuel — Forest waste, clean urban wood, mill residuals, paper mill sludge; • RPS Qualification — Developer will precertify in CA, will complete certification, and will seek subsequent certification in OR, WA as required; • Interconnection — BPA at 230KV, interconnection currently in place; • Point of Sale — Point of interconnection above, transmission arranged by i, purchaser. i' Phone: 360-417-4800 / Fax: 360-417-4542 Website: www.cityofpa.us / Email: publicworks@cityofpa.us 321 East Fifth Street - P.O. Box 1150 / Port Angeles, WA 98362-0217 .11 • • A. definitive agreement between NPIUSA and Utility will contemplate the following terms: ■ Contract Terre —10 to 20 years; ■ Contract Escalation — Percentage of PPI; ■ Initial Contract Price at Startup — Aggregate of $92-95 per MWH; ■ Renewable Energy Credits (RECs) — Bundled with power. Rights at WREGIS assigned to purchaser. CA definition of Environmental Attributes; ■ Seasonality -- Slightly higher summer output due to warmer weather; ■ Outages --- Two 3 -day annual outages coordinated with power purchaser; • Balancing Authority Ancillary Services — Provided for and paid for by purchaser, imbalance charges paid by developer. The expected roles and contributions of the Parties to the Project are as follows NPIUSA will: • Carry out all necessary permitting, design, evaluation, and development work in preparation for an investment decision; Subject to acceptable costs and business conditions, and subject to board and shareholder approvals, arrange funding of the Project; ■ Permit, construct and commence operation of the Project at the Site: and Arrange with the Washington Department of Natural Resources and other owners of forest land and milling facilities, including forestry companies, to make available a supply of forest and mill residue fuels for the Project. Utility will: Consider purchasing from the Project from 1 megawatt to up to 20 megawatts of RPS eligible renewable power prod ucedlgenerated from forest residues, urban wood and mill residuals, including sludge, at a then prevailing renewable power price with PPI indexing. F-61 The forgoing terms and conditions do not constitute a binding agreement, but are some of the general business terms under which the Parties are willing to proceed. Any binding agreement between the Parties shall be set forth in a separate, future, definitive agreement in form and content satisfactory to each of ;the Parties. This letter of intent sloes not constitute a binding agreement upon the Parties and neither Party will have any liability on account of such Party's refusal or other failure to enter into a definitive and binding agreement. The Parties will, however, proceed in good faith to discuss of a sales agreement for Project power. Dated April, 2010. ACKNOWLEDGED AND AGREED: Nippon Paper Industries USA Co., City of Port Angeles Ltd. By; By Title: Title: Date: Date: F-62 • • • NGELES DATE: Apri1210, 2010 TO: CITY COUNCIL FROM: NATHAN A. WEST, DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT SUBJECT: REQUEST FOR RE -APPROPRIATION OF 2009 LODGING TAX FUNDS FOR SMALL COMMUNITY AIR SERVICES GRANT Summary: At a meeting held on June 2, 2009, City Council authorized a 2009 allocation of Lodging Tax Funds for Tourism Promotion in relation to Kenmore Air Service to -Port Angeles. The funds are to be utilized in conjunction with the Small Community Air Services Grant and must be reallocated to the 2010 Financial Year. Recommendation: Authorize re -appropriation of funding award to the 2010 Budget and Authorize the City Manager to execute a new contract with the Port of Port Angeles in conjunction with the Small Communities .Air Service Grant. 6acUround 1 Analysis: The Lodging Tax Advisory Committee convened on February 25, 2009, to consider funding assistance in support of marketing for air service to Port Angeles in conjunction, with Kenmore Air. Council authorized the allocation of $10,000 for the proposal in June of 2009. Upon learning about an opportunity to obtain a Small Community Air Services Grant from the. United States Department of Transportation, City staff agreed that the $10,000 in marketing funds could be provided as a match to the grant. The purpose and expenditure requirements of the funds would remain unchanged. The Port of Port Angeles applied for the grant in August X009. The proposal included a $10,000 match -From the City of Port Angeles, a $10,000 match from CIallam County, and a $7,000 match from the City of Sequim. An additional $26,500 in,cash and in-kind services was provided by the Port of Port Angeles. It was anticipated that if successful, the, grant would be awarded in December of 2009. The Port of Port Angeles received notice that they were awarded the $360,000 Small Community Air Services grant in February of 2010. Prior to the City manager executing an agreement with the Port for the $10,000 match, Council must re -appropriate funds to 2010. Staff recommends that Council re -appropriate the $10,000 to the 20 10 Budget and Authorize the City Manager to execute the necessary agreement with the Port of Port Angeles. F-63 NGELES DATE: April 20, 2010 TO: CITY COUNCIL FROM: NATHAN A.WEST, DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT SUBJECT: VALLEY CREEK RESTORATION PHASE 3 DESIGN - GRANT AGREEMENT AND CAPITAL FACILITIES PROJECT GG01-2010 Summary: The City has received from the Washington State Recreation and Conservation Office Salmon Recovery Board Fund a Grant for $139,000. The following actions are required to proceed with acceptance of the grant. Recommendation: Council should take the following four actions: 1.) Accept the Grant Award, 2.) Approve the addition of Valley Creek Restoration Phase 3 Project # GG41-2010 to the Capital Facilities Plan, 3.},Approve the Grant Agreement with the Washington State Recreation and Conservation Office, and 4.}Approve and Authorize the City Manager to execute an agreement with the North Olympic Salmon Coalition to perform the requirements and obligations of the grant. Background 1 Analysis: The City has received a $139,000 grant for improvements to in -stream fish habitat and passage improvements to Valley Creek. The grant will be administered by the North Olympic Salmon Coalition. Improvements to Valley Creek have been a long standing priority for the City of Port Angeles and there are multiple phases associated with those improvements. Phase 3 of the project covers stream improvements from the 5"' Street Right of Way south to 9'h Street. Staff recommends that Council add Project #GGO1-2010 to the City's Capital Facilities Plan, accept the grant approving the Washington State Puget Sound Acquisition and Recovery PSAR Project Agreement. Council should also authorize the City Manager to execute an agreement with the North Olympic Salmon Coalition for administration of the grant requirements. Attachment A CFP Item GGO'1-2010 Attachment B Washington State PSAR Project Agreement F-64 F-1 • 4 r�7 CAPITAL FACILITIES PLAN PROJECT Title: Valley Creek Restoration Ph 3 Project #: GGO1-2010 (US 10-03) Project Description Estimated Project Costs In -stream habitat and fish passage improvements to Valley Creek. Project Planning/Design: $157.000 elements include 1) remeandering about 1000 feet of stream from 9th Land/Right-of-Way: Street north to 5th Street to improve the stream gradient, pool riffle ratio, Construction: $$00,000 stream velocity, and sinuosity, 2) remove 400 feet of culvert, 3) construct Other: $ 100 feet of culvert, 4) retrofit approximately 8$0 feet of existing culvert Total: $657,000 under Valley Street with four fish ladders set within vaults. At the fish Estimated Project Funding passage structures, grating to be installed at street level will provide additional light into the culvert. Reserves: Contributions: $$18,000 The creek has been straightened and runs adjacent to Valley Street. The Grants: $139,000 emeandering of Valley Creek will improve stream sinuosity and gradient, Bonds: and reduce stream velocity. As a result, scouring and erosion of the road Loans: prism will be reduced and debris jams at the upper end of the culvert, Utilities: - which have the potential to cause flooding of Valley St, will also be General Fund Current: reduced. Unknown: $ Total: $657,000 Yearly Expense Summary - Capital/Net Operating Prior Years 12008 12009 2010 201 1 2012 2013 12014 Project 'total -$ 1 -$ I -$ -$ 157,000 $ -$ 500,000 -$ 14 $ Year Construction Complete/Operational: 2012 Operating Cost Amount: 0 SEPA Required Yes :Right of Way: Yes Other Permits: Yes WDFW HPA City Priority: Concurrencv: Contract: Legal Mandate: Div. Priority: Division: Planning Contact: Scott Johns Department: CED Cost Ccnter: Justification: Project design is funded by a salmon recovery grant the City has received from RCO (State Recreation and Conservation Office). Valley Creek was once able to support salmon populations. The stream is confined in a culvert from Marine Drive south to 6th Street, a distance of approximately 2,000 feet. Fish passage will be enabled by retrofitting the culvert, and in -stream habitat will be greatly improved upstream in the open channel. Valley Street will be protected from flooding and undermining caused by streambank erosion. Impact if not executed: • F-65 Salmon will not return to the stream to spawn. The City will continue to make regular repairs to the side of the stream channel to maintain the stability of Valley Street. Date Revised: H Title: Project #: Picture / Area Map Intentionally Left Blank F-66 • • C y r�% wAs}y NEi off STATE Recreation and �. Conservation Office Project sponsor: Port Angeles City of PSAR Project Agreement Salmon Funding Accounts Project Number: 09-1531 N ProjectTl0e: Valley Creek Restoration Phase 3 Design Approval Date.121JO/2009 A. PARTIES OF THE AGREEMENT This pretject grant agreement (agreement) is entered into between the State of Washington by and through the Salman Recovery Funding Board (SRF6), P,0. Box 409.17, Olympia, Washington 98504-0917 and Ctty of Port Angeles (sponsor), PC Box 1150, Pail Angeles, WA 9062 and shall bb binding on the agents and all persons acting by or through the parties. B. PURPOSE OF AGREEMENT This agreement sets out the terns and conditions by which a grant is made from the Salmon Funding Accounts of the State of Washington. The grant is administered by the Recreation and Conservation Office (PGD) to the sponsor for the project named above. C. DESCRIPTION OF PROJECT The subject project is described on the attached project summary. D. PERIOD OF PERFORMANCr The project reimbursement period shall begin on December 10, 2009 and end on June 10, 2011. No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this agreement or specifically provided for by funding boardioffice policy, Requests for time extensions are to be made at least 60 days before the agreement end date. If a request for a time extension is not made at least 60 days before the agreement end date, the request may be denied. If the request is mads= atter the agreement. end date, the time extension will be denied, E. ON-GOING OBLIGATION The Project Sponsor's on-going obligation for the project shall be the same as the Per[od of Performance period identified in Section D. PROJECT FUNDING The total grant award provided by the funding boardlof5ce for this project shall not exceed $139,000.00. The funding board/office shall not pay any amount beyond that approved for funding of the project. The sponsor shall be responsible for all total project costs that exceed this amount. The conlribution by the sponsor toward work on this project at a minimum shall be as indicated below: 5RFB - Puget Sound Acg. & Restoration Percentage 100.00% Dollar Amount $139,000,00 Project Sponsor 0.00% $0.00 Total Project Cost 100.00°k $139,DOO.00 G. RIG873 AND OBLIGATIONS All rights and obligations of the parties to this agreement are subject. to this agreement and its attachments, as now existing or hereafter amended, including the sponsor's application, project summary, eliglbte reimbursement activities report, and project milestones, all of which are incorporated herein. Except as provided herein, no amend mentldeletions of any of the terms or conditions of this agreement Wit be effective unless provided in writing. All such amendmentideletions except those concerning the period of performance, must be signed by both parties. Period of performance extensions need only be signed by RMs director or designee. The spansot has read, fully understands, and agrees to be bound by all terms and cDndilions as set forth in these documents. H. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCFS-SRFB POLICIES This agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, including Chapter 77,135 RCW, Chapter 420 WAC, and published agency policies, which are incorporated herein by this reference as if fully set forth. PSAR Project Agreement - RCO #09-1531N Salmon Funding Accounts Chapter 7715 RCW, Chapter 420 VVAC Page t of 14 PROJAGRAFT C —67 I. SPECIAL CONDITIONS Final Project Design The final design process must address and resolve all substantial issues that may have been raised in the permitting and stakeholder review process, so that all stakeholders agree on the final plans. As with the preliminary design work, preparation of the final design roust be done under the supervision of a licensed Professional Engineer. (Far certain projects, where liabiilty concerns are minimal, a licensed Professional Engineer may not be required. Consult RGO staff if you are NOT planning to use a licensed Professlonal Engineer.) Final Design tasks include the following: 1. Revision of preliminary design drawings 2. Preparation of additional detailed drawings as needed to clarify the design of specific work items 3. Preparation of technical specifications to fully describe each part of the work. 4. Preparation of a final construction cost estimate 5, Preparation of contract bidding documents and genera[ contract conditions Final Project Design concludes with a comprehensive and detailed set of project drawings, technical specifications, and contract documents (if the project is to be advertised for contractor bidding). An " Englneer's Estimate" of construction cast must also be prepared by the designer, for comparison with estimates prDvided by general contractors (bids). J. FEDERAL FUND 1913RMATION (none) IC. PROJECT AGREEMENT REPRESENTATIVE Ail written communications sent to the sponsor tinder this agreement wilt to addressed and delivered to: Protect Contact Name: Scott Johns Title: Associate Planner Address: 321 East 5th 5t Port Angeles, WA 98352 SRFS Recreation and Conservation Office Natural Resources Suilding PO Box 40917 Olympia, Washington 98564-17917 These addresses shall be effective until receipt by one party from the other of a written notice of any change. L ENTIRE AGREEMENT This agreement, with all amendments and attachments, constitutes the entire agreement of the parties. No other understandings, oral or otherwise, regarding this agreement shall dust or hind any of the parties. M. EFFECTIVE DATE 'This agreement, for project 09-1531N, shall be effective on signing by all parties. Reimbursements for eligible and allowable rests incurred prior to the etleclive date and those costs incurred within the perlod of performance are allowed only when this agreement is signed by all parties and an original is received by RCC, The period of performance is identified in section 0. PSAR Project Agreement -RGO#09-1531N Salmon Funding Amounts Chapter 77.85 RCW, Chapter 420 WAC Paae 2 of 14 PRQ.IAGR.riPT F — 68 • .7 • The signatory listed below represent and warrant their authority to bind the parties to this agreement. City of Port Angeles By: Data, Name: {printed} Title: State of Washington on behalf of the Salmon Recovery Funding Board (SRFB) By; Date: Kalean Cottingham Director, Recreation and Conservation Office Pre -approved as to form: ey: fsr Assistant Attorney General T PSAR Project Agreement - RCO tog -1531N Chapter 77.85 RCW, Chapter 420 WAC PROJAGR.RPT Date: Aoril 1, 2009 Salmon Funding Accounts Pepe 3 of 14 F-69- Z f WASKINMN STATF Recreation and Conservation Office Project Sponsor: Port Angeles City of Stannard Terms and Conditions of the project Agreement Project Number: 09-1531 N Project Title: Valley Creek Restorafion Phase 3 Design Approval Date: 12/10/2009 SECTION 1, CITATIONS, HEADINGS AND DEFINITIONS A, Any citations referencing specific documents refer to, the current version at the date of project agreement andfor any revisions in i I the future. 3. Headings used in this agreement are for reference purposes only and shall not be considered a substantive part of this agreement. I C. Definitions. As used throughout this agreement, the following terms shall have the meaning set forth below. acquisition - The gaining of rights of ownership by purchase, negotiation, or other means, offee or less than fee interests in real properly, agreement- The accord accepted by all parties to the present transaction; this agreement, any supplemental agreements, any amendments to this agreernent and any intergovernmental agreements. applicant- Any agency or organization that meets the qualifying standards, Including deadlines, for submission of an application soliciting a grant of fends from the funding board. application - The fomes and support documents approved by the funding board or its director for use by applicants in soliciting project funds administered by RCO. asset- Equipment purchased by the sponsor or acquired or transferred to the sponsor for the purpose of this agreement. This definition Is restricted to non -fixed assets, including but not limited to vehicles, computers or machinery. cognlxent or oversight agency - Federal agency responsible for ensuring compliance with federal audit requirements, contractor- Shall mean one not in the employment of the sponsor who Is performing all or part of the eligible: activities for this, project under a separate agreement with the sponsor. The term "contractor" and "contractors" means contractor(s) in any tier. corporate sponsor - Any corporate form of business, including nonprofit organizations, under RCW 23, 23B and 24, developmentfrenovation - Construction of or improvement of site or site facilities. director- The chief executive officer of the Recreation and Conservation Office or that person's designee. elements and items - Components defined as part of the scope of work, see Section 26 B. { I funding board - The board that authorized the funds in this agreement, either the Recreation and Conservation Funding Board (RCFS) created under chapter 79A,25,110 RCW, or the Salmon Recovery Funding Board (SRFS) created under chapter 77.85.110 RCW. landowner agreement - A landowner agreement is required between a sponsor and landowner for projects located on land not owned, or otherwise controlled, by the sponsor. milestone -An important event with a defined deadline for an activity related to implementation of a funded projecL period of performance - The time period specified in the agreement, under Section D, period of performance. post evaluation summary - One of the documents used to summarize and describe the actions undertaken in the agreement. project- The undertaking that is the subject of this agreement and that Is, or may be, funded In whole or in part with funds adminWared by RCO on behalf of the funding board, RCO - Recreation and Conservation Wilco - The state office that provides administrative support to the Recreation and Conservation Funding Board and Salmon Recovery Funding Board. RCO includes the director and staff, created by Chapters 79A,25.110 and 79A.25.150 RCW and charged with administering this agreement by Chapters 77.85.110 and 78A,25.240 RCW, i reimbursement - Payment of eligible and allowable casts that have already been paid by the sponsor perthe terms of the agreement. restorationlenhancement- Bringing a site back to its original function as part of a natural ecosystem or improving the ecaiogical functionality of a side. sponsor - The eligible appit cant who has been awarded a grant of funds and is bound by this executed agreement; includes its offlcers, employees, agents and successors. SECTION 2. PERFORMANCE BY THE SPONSOR The sponsor shall undertake the project as described In this agreement, post evaluation summary, the sponsor's application, and In accordance with the sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the funding board. All submitted documents are incorporated by this reference as If fully set forth hereln. The Order of Precedence is covered in Section 34. Timely completion of the project is important. Failure to meet critical milestones or complete the project, asset out in this agreement, is a material breach of the agreement. ,I I I PSAR Project Agreement - RCO #49-1533 N Salmon Funding Accounts { Chapter 77,85 RCW, Chapter 420 WAC Page 4 of 14 PRO.IAGR.RPT F -7Q • • • SECTION 3. ASSIGNMENT Neither this agreement, nor any claim arising under this agreement, shall be transferred or assigned by the sponsor without prier written consent of the funding board. SECTION 4. RESPONSIBILITY FOR PROJECT While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to this agreement, the project Itself remains the sole responsibility of the sponsor. The funding board undertakes no responsibilities to the sponsor, or to any third party, other than as Is expressiy set out In this agreement. The responsibility for the implementation of the project, is solely that of the sponsor, as Is the responsibility for any claim or suit of any nature by any third party related in any way to the project. SECTIONS. INDEMNIFICATION To the fullest extent permitted by the law, the sponsor expressly agrees to and shall indemnify, defend and hold harmless the State and its agencies, officials, agents and employees from and against all claims, actions, costs, damages, or expenses of any nature arising out of or incident to the sponsor's or any contractor's performance or failure to perform the agreement.'Sponsor's obligation to indemnify, defend and hold harmless atso includes any claim by sponsor's agents, employees, representatives or any contractor or its employees. Sponsor's obligation to defend Includes payment of any costs or attorneys' fees. Sponsor's obligation shall not include such claims that may be caused by the sole negligence of RCO, its officials, agents, and employees. If the claims or damages are caused by or result from the concurrent negligence of (a) RCO, its agents or employees.and (b) the sponsor, its contractors, agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the sponsor or Its contractors, agents, or employees. The sponsor expressly agrees to waive his/her Immunity under. Title 51 RCW to the extent required to indemnify, defend, and hold harmless the State and its agencies, officials, agents or employees. SECTIONS. INDEPENDENT CAPACITY OF THE SPONSOR The sponsor and its employees or agents performing under this agreement are not officers, employees or agents of the funding board or RCO. The sponsor will not hold itself out as nor claim to be an officer, employee or agent of RCO, a funding board or of the stale of Washington, nor will the sponsor make any claim of right, privilege or benefit which would accrue to an employee under Chapters 41.06 or 28B RCW. The sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, state, and/or local laws. SECTION 7. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, In its sole discretion, by written notice to the sponsor terminate this agreement If it is found after due notice and examination by RCO that there Is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the sponsor in the procurement of, or performance under, this agreement. In the event this agreement is terminated as provided above, RCO shall be entitled to pursue the same remedies against the sponsor as it could pursue in the event of a breach of the agreement by the sponsor. The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. SECTIONS. ACKNOWLEDGMENT AND SiGNS A. Publications. The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for, or referring to, the project. B. Signs. The sponsor also shall post signs or other appropriate media at project entrances and other locations on the project which acknowledge the applicable grant program's funding contribution, unless exempted in' funding board policy or waived by the director. C. Ceremonies. The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project. The sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies. D. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing a project funded in whole or in part with federal money provided for in this grant, sponsors shall dearly state: 1. The percentage of the total costs of the project that is financed with federal money; 2. The dollar amount of federal funds for the project; and 3. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources. PSAR Project Agreement - RCO #09-1531 N Chapter 77.85 RCW, Chapter 420 WAC PROJAGRAPT Salmon Funding Accounts Page 5 of 14 F-71 SECTION 9. COMPLIANCE WITH APPLICABLE LAW The sponsor will implement the agreement In accordance with applicable federal, state, and local laws, regulations and RCO and funding board polices. • The sponsor shall comply with, and RCO Is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, and/or policies, including, but not limited to: State Environmental Policy Act; Industrial insurance Coverage; Architectural Barriers Act; permits (shoreline, Hydraulics Project Approval, demolition); land use regulations (critical areas ordinances, Growth Management Act); federal and state safety and health regulations (Occupational Safety and Health Administration/Washington Industrial Safety and Health Act); and Buy American Act. Endangered Species For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not commence with clearing of riparian trees or In -water work unless either the sponsor has complied with 50 CFR 223.203 (b)(8), limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration. Violation of this requirement may be grounds for terminating this project agreement. This section shall not be the basis for any enforcement responsibility by RCO. Nondiscrimination Laws The sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age -Discrimination Act. In the event of the sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy, the agreement may be rescinded, cancelled, or terminated in whole or in part, and the sponsor may be declared ineligible for further grant awards from the funding board. The sponsor is responsible for any and all costs or liability arising from the sponsor's failure to so comply with applicable law. Prevailing Wage The sponsor agrees to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract when required by state law to do so, and to comply with the provisions of the Davis -Bacon Act, other federal laws and Chapter 39.12 RCW, as amended, and the rules and regulations of the Department of Labor and Industries. Restrictions on Grant Use No part of any funds provided under this grant shall be used, other than for no,". at and recognized executive -legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor, or agent acting for such . sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. SECTION 10. ARCHAEOLOGICAL AND CULTURAL RESOURCES The real property acquired, developed, renovated, or restored through this grant is subject to Governor's Executive Order (EO) 05-05 or compliance with Section 106 of the National Historic Preservation Act concerning the review, analysis, and consultation with the Washington State Department of Archaeology and Historic Preservation and affected Tribes for archaeological and cultural resources. The funding board requires documented compliance with EO 05-05 or Section 106 of the National Historic Preservation Act, whichever is applicable to the project. In the event that a federal agency declines to consult, the sponsor shall comply with EO 05-05. The sponsor must comply with EO 05-05 or the National Historic Preservation Act before initiating ground disturbing activity. RCO will issue a notice to proceed (if applicable) when appropriate documentation has been received. RCO will not reimburse for construction related activity until the sponsor demonstrates compliance. In the event that archaeological or historic materials are discovered during project activities, work in the location of discovery and Immediate vicinity must stop instantly, the area must be secured, and notification must be provided to the following: concerned Tribes' cultural staff and cultural committees, RCO, and the State Department of Archaeology and Historic Preservation, In the event that human remains are discovered during project activity, work in the location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification provided to the concerned Tribe's cultural staff and cultural committee, RCO, State Department of Archaeology, the coroner and local law enforcement in the most expeditious manner possible according to RCW 68.50. SECTION 11. HAZARDOUS SUBSTANCES A. Definition. "Hazardous substance," as defined in Chapter 70.105D.020 (11) RCW, means: 1. Any dangerous or extremely hazardous waste as defined in Chapter 70.105.010(5) and (6) RCW, or any dangerous or extremely hazardous waste designated by rule pursuant to Chapter 70.105 RCW; 2. Any hazardous substance as defined In Chapter 70.105.010(14) RCW or any hazardous substance as defined by rule pursuant to Chapter 70.105. RCW; 3. Any substance that, on March 1, 1989, is a hazardous substance under section 101 (14) of the federal cleanup law, 42 U.S.C. Sec. 9601(14); PSAR Project Agreement - RCO #09-1531 N Salmon Funding Accounts • Chapter 77.85 RCW, Chapter 420 WAC Page s of 14 PRO.IAGRAPT F — 72 • 4. Petroleum or petroleum products; and 5, Any substance or category of substances, including solid waste decomposition products, determined by the director for director's designee] of the department of ecology by rule to present a threat to human health or the environment if released into the environment. 6, The term hazardous substance does not include any of the ioilovsing when contained in an underground storage tank from which there is not a release: Crude oil or any fraction thereof or petroleum, if the tank is in compliance With all applicable federal, state, and decal lawn. B. Certification. The sponsor shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances and certify: 1. No hazardous substances were found on the site, or 2. Any hazardous substances found have been treated and/or disposed of in compliance with applicable slate and federal laws, and the site deemed "dean." C. Responsibility. Nothing in this provision alters the sponsor's duties and Iiabilifies regarding hazardous substances as set fotth in Chapter 70.105D RCW. D. Hold Harmless, The sponsor will defend, protect and hold harmless RCD and any and all of its employees andlor agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any mature from any and all claims or sults resulting from the presence of, or the release or threatened release of, hazardous substances on the property being acquired. SECTION 12. RECORDS MAINTENANCE The sponsor shall maintain books, records, documents, data and other evidence relating to this agreement and performance of the services descdbed herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and Indirect costs of any nature expended in the performance of this agreement. Sponsor shall retain such records for a period Df six years from the date RCO closes the project. At no additional cost, these records, including materials generated under the agreement, shall be subject at all reasonable Was to inspection, review or audit by RCD, personnel duly authorized by RCD, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation;. dolma, or audit findings involving the records have been resolved. SECTION 18. PUBLIC RECORDS Sponsor acknowledges that the funding board is subject to chapter42.56 RCW and that this agreement shall be a pubCc record as defined in chapter 42.56 RCW. Additionally, in compliance with RGW 77.85.130 (6), sponsor agrees to disclose any information in regards to expenditure of any funding received from the funding board, SECTION 14. ACCESS TO DATA In compliance with chapter 39.29 RCW, the sponsor shall provide access, when requested, to data generated under this agreement to RCO, the Joint Legislative Audit and Review Committee, and the State Auditor at no additional cost. This includes access to all Information that supports the findings, conclusions, and reoommeedatibrns of the sponsor's reports, including computer models and math od ology f or those models. SECTION 15. TREATMENT OF ASSETS A. Assets shall remain in the possession of the sponsor for the duration of the project or applicable grant program. When the sponsor discontinues use of the asset(s) for the purpose for which it was funded:, RCO will require the sponsor to deliver the asset(s) to RCO, dispose of the asset according to RCO policies, or return the fair market value of the asset(s) to RCO. Assets shall be used only for the purpose of this agreement, unless Otherwise provided herein or approved by RCO in writing. 6. The sponsor shall be responsible for any loss or damage to assets which results from the negligence of the sponsor OT Which results from the failure on the part of the sponsor to maintain and administer that asset in accordance v&,h sound management practices. SECTION 16. RIGHT OF INSPECTION The sponsor shall provide right of access to the project to RCO, or any of Its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this agreement, if a landowner agreement has been executed, it will further stipulate and define the funding board and RCO's right to inspect and access lands acquired pr developed with funding board assistance. SECTION 17. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functlons as stated in policy documents approved by the funding boards or RCO. Sponsor further agrees to utilize, where applicable and finan[daily feasible, any monitoring protocols recommended by the funding hoard, PEAR Projecl Agreement - RCC/ #09-1531N Chapter 77.85 RCW, Chapter 420 WAC PRWAGRAPT Salmon Funding A=unts Page 7 of 14 F-73 SECTION 18. DEBARMENT CERTIFICATION FOR FEDERALLY FUNDED PROJECTS "Lower tier participants" refer to any sponsor receiving a federal grant through RGO, Lower tier pa:iicipants also refer to any grantee, subgrantee, or contractor of any grantee or subgrantee from the original sponsor funded by RCC. In this section, the sponsor certifies to RCO that neither they nor their stibgrantees are suspended or debarred. Any grantee, subgrantee, or contractor of any grantee or subgrantee from the original sponsor certifies to the sponsor directly. For any federally funded projects, sponsors are required to fallow any federal requirements. Furthermore any federal funding requirements will be passed on to any other entity to wham the sponsor passes funds (also referred to as a lower tier participant). The sponsor (prospective lower tier participant) certifies, by signing this agreement, that neither it nor Its principals nor any other lower tier participants are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. The sponsor (prospective lower tier participant) shall provide immediate written notice to RCO if at any time the prospective tower tier pahiclpant foams that its certification was erroneous when submitted or has became erroneous by reason of changed circumstances. Should the prospective lower tier participant enter Into a covered transaction with anoiher person at the next Iowar tier, the sponsor (prospective lower#er participant) agrees by signing this agreement that it will verity that the person with whom it or its lower tier participant intends to do business is not excluded or disqualified, The sponsor (prospective lower tier participant) will do this by: A. Checking the 'lladeral Excluded Parties List System (www.epls.gov) for that person; or B. Collecting a certification from that person; or C. Adding a clause or condition to the covered transaction with that person. The sponsor (prospective lower tier participant) agrees by signing this agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transa0on originated. A participant In a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it Is not debarred, suspended, ineligible, orvoluntaniy excluded from the covered transaction, unless it knows that the cerlificalian is erroneous. SEC'nDH19. PROJECT FUNDING A. Additional Amounts. The funding board shall net be obifgated to pay any amount beyond the dollar amount as identified in this agreement, unless an additional amount has been approved in advance by the funding board or director acid incorporated by written amendment into this agreement. B, Before the Agreement. No expenditure made, or obligation incurred, by the sponsor before the effective date of this agreement shall be eligible for grant funds, in whole or in part, unless specifically provided for by funding beard policy, such as a waiver of retroactivity or program specific eligible pro -agreement costs, The dollar amounts identified in this agreement may be reduced as necessary to exclude any such expenditure from relmbursemenL C. After the period of performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, In whole or in part, for grant funds hereunder. In addition to any remedy the funding Board may have under this agreement, the grant amounts identified in this agreement shall be reduced to exclude any such expenditure from participation. SECTION 20. PROJECT REIMBURSEMENTS A. Sponsors may only request reimbursement after eligible and allowable costs have already been paid and remitted to their vendors. g_ Compliance and Payment. The obligation of ROO to pay any amount(s) under this agreement is expressly conditioned on strict compliance with the terms of this agreement by the sponsor. C. Compliance and Retatnage. RCO reserves the right to Wthhuld disbursement of the sinal ten percent (10%) of the total amount of the grant to the sponsor until the project has been completed. A project Is considered "complete" when: 1. All approved or required actlultles outlined in the agreement are done; 2. On-site signs are in place (if applicable); 3. A final project report is submitted to RCD; 4. Any other required documents are complete and submitted to RCD; 5. A final reimbursement request is submitted to RCO; 6. The completed project has been accepted by RCO; 7. Final amendments have been processed; and 8. Fiscal transactions are complete. D. Reimbursement Request Frequency. Sponsors are encouraged to send ROO a reimbursement request at least quarterly. Sponsors are required to submit a reimbursement request to RCQ, at a minimum for each project at least once a year for . reimbursable activities occurring between July 1 and June 30. Sponsors must refer to current ROO policies and procedures regarding reimbursement requirements. i I PSAR Project Agreement - ROO #09-1531N Salmon f=unding Acmunis Chapter 77.85 RGW, Chapter 420 WAC Page 8 of 14 PROJAGRAPT F - 74 SECTION 21. ADVANCE PAYMENTS Advance payments of or in anticipation of goods or services to be provided underthis agreement are limited to grants approved by • the SRFB and must comply with SRFB policy. See WAC 420-12-060 (5). SECTIONr22. RECOVERY OF PAYMENTS In the event that the sponsor falls to expend funds under this agreement in accordance with state and federal laws, and/or the provisions of the agreement, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance In addition to any other remedies available at law or in equity. The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the agreement. Repayment by the sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve percent (12%) per annum from the time that payment becomes due and owing. SECTION 23. COVENANT AGAINST CONTINGENT FEES The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this agreement on an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona ride employees or bona fide established agents maintained by the sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this clause by the sponsor, to terminate this agreement without liability or, in Its discretion, to deduct from the agreement grant amount or consideration of recover by other means the full amount of such commission, percentage, brokerage or contingent fee. SECTION 24. PROVISIONS APPLYING TO DEVELOPMENTiRESTORATION PROJECTS The following.provisions shall be in force only if the project described in this agreement is for development/restoration of land or facilities for outdoor recreation, habitat conservation, or salmon recovery: A. Document Review and Approval. The sponsor agrees to submit one copy of all development/restoration or construction plans and specifications to RCO for review. Review and approval by RCO will be for compliance with the terms of this agreement. B. Contracts for Development or Restoration. Sponsor shall award all contracts for construction, development or restoration using whatever method is appropriate and required for the sponsor. C. Contract Change Order. Only change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the funding board or RCO must receive prior written approval. D. Control and Tenure. The sponsor must provide documentation that shows appropriate tenure (land owner agreement, long term lease agreement, easement, or fee simple ownership) for the land proposed for development or restoration. The documentation must meet current RCO requirements. E. Nondiscrimination. Except where a nondiscrimination clause required by a federal funding agency is used, the sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies." F. Use of Best Management Practices. Project sponsors are encouraged to use best management practices developed as part of the Washington State Aquatic Habitat Guidelines (AHG) Program. The best management practices are described in three documents: "Stream Habitat Restoration Guidelines: Final Draft", 2004; "Design of Road Culverts for Fish Passage", 2003; and 'Integrated Streembank Protection Guidelines", 2002. These documents and other information can be found on the AHG website. SECTION 25. PROVISIONS APPLYING TO ACQUISITION PROJECTS The following provisions shall be in force only if the project described in this agreement is for the acquisition of interest in real property (including easements) for outdoor recreation, habitat conservation, or salmon recovery purposes: A. Evidence of Land Value. Before disbursement of funds by RCO as provided under this agreement, the sponsor agrees to supply evidence to RCO that the cost of the property rights acquired has been established according to funding board policy. B. Evidence of Title. The sponsor agrees to show the type of ownership interest for the property that has been acquired. This shall be done before any payment of financial assistance. C. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding assistance provided through this project agreement (and protected by a recorded conveyance of rights to the State of Washington) shall be incorporated into the agreement before final payment D. Conveyance of Rights to the State of Washington. Document securing long-term rights for the State of Washington. When real properly rights (both fee simple and lesser interests) are acquired, the sponsor agrees to execute an appropriate document conveying certain rights and responsibilities to RCO, on behalf of the State of Washington. These documents include a Deed of Right, Assignment of Rights, Easements and Leases. The sponsor agrees to use document language provided by RCO, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to RCO. The document required will vary depending on the project type, the real property rights being acquired and whether or not • those rights are being acquired in perpetuity. PSAR Project Agreement - RCO #09-1531 N Salmon. Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 9 of 14 PROJAGR.RPT F - 75 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or use the property for public purposes consistent with the fund source. Sponsors shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the sponsor has acquired a perpetual easement for public purposes. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to • RCO. Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon recovery purposes. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The sponsor may Incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; sponsor must obtain RCO approval on the draft language prior to executing the easement or lease. E. Real Property Ad4uisitlorf and Relocation Assistance 1. When federal funds are part of this agreement, the Sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)—Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations and procedures of the federal agency Implementing that Act. 2. When state funds are part of this agreement, the sponsor, if required by law, agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26.010 RCW, and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out In subsection (2) above, are involved in the execution of this project, the sponsor agrees to provide any housing and relocation assistance required. ' F. Buildings and Structures. In general, grant funds are to be used for outdoor recreation, habitat conservation, or salmon recovery. Sponsors agree to remove or demolish ineligible structures. Sponsors must consult RCO regarding compliance with section 10 - Archaeological and Cultural Resources before structures are removed or demolished, G. Archaeological and Cultural Resources. The sponsor agrees that any real property interests acquired under this agreement, if to be developed in the future, is subject to section 10 (Archaeological and Cultural Resources) prior to any ground disturbing activity. SECTION 26. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHER USES The sponsor shall not at any time convert any real property or facility acquired, developed, and/or restored pursuant to this agreement to uses other than those purposes for which funds were approved without prior approval of the funding board in compliance with applicable statutes, rules, and funding board policies. It is the intent of the funding board's conversion policy, current or as amended in the future, that all real property or facilities acquired, developed and/or restored with funding assistance remain in the public domain in perpetuity unless otherwise identified in the agreement or as approved by the funding board. When a conversion has been determined to have occurred, the sponsor is required to remedy the conversion per established funding board policies. A. A conversion occurs when one or more of the following has taken place, whether affecting an entire site or any portion of a site funded by the funding boards. 1. Conveyance. Property interests are conveyed for purposes inconsistent with the original grant request.. 2. Conveyance to Ineligible Third Party. Property interests are conveyed to,a third party not otherwise eligible to receive grants in the program from which funding was derived. 3. Non -eligible Uses. A use occurs that is inconsistent with the original grant request. 4. Non -eligible Facilities. Non -eligible facilities are developed within the project area. 5. Termination of Public Use. When public use, as described in the original grant request, is temporarily or permanently terminated or excluded. S. Environmental Functions. For habitat projects, if the property acquired, restored or enhanced no longer provides the environmental functions for which funding board grants were originally approved. PSAR Project Agreement - RCO #09-1531 N Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 10 of 14 PROJAGR.RPT F - 76 B. Changing a project's elements and items. When approved by the funding board or director, certain elements and items may be deleted from the agreement without being considered a conversion. In the following instances the board may authorize changes without invoking the requirement to replace the elements and items. Such deletions are allowed when the funding board or • director determines that the elements and items are not needed or cannot be retained due to one or more of the following conditions: 1. Obsolescence 2. Extraordinary vandalism 3. Acts of Nature 4. Designed life expectancy reached S. Fire 6. Permit requirements that disallow specific elements 7. Reversion Order (National Traits System Act 8(d), 16 U. S.C. § 1247(d); WAC 286-27-060(2)). SECTION 27. CONSTRUCTION, OPERATION, USE AND MAINTEWAfVcE 6F'ASSiSTED PROJECTS Sponsors must ensure that properties or facilities assisted with funding board funds, including undeveloped sites, are built, operated, used, and maintained: A. According to applicable federal, state, and local laws and regulations, including public health standards and building codes. B. In a reasonably safe condition for the project's Intended use. C. Throughout its estimated life so as to prevent undue deterioration. D. In compliance with all federal and state nondiscrimination laws, regulations and policies. Facilities open to the public must: A. Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes, Uniform Federal Accessibility Standards, guidelines, or rales, including but not limited to: the International Building Code, the Americans with Disabilities Act, and the Architectural Barriers Act, as updated. B. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods. C. Be available for use at reasonable hours and times of the year, according to the type of area or facility. SECTION 28. INCOME AND INCOME USE • A. Income. � ' 1. Compatible source. The source of any income generated in a funded project or project area must be compatible with the funding source and the agreement. 2. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed with funding board grants if the fees are consistent with the: (a) Value of any service(s) furnished; (b) Value of any opportunities furnished; and (c) Prevailing range of public fees in the state for the activity involved. Excepted are Firearms and Archery Range Recreation Program safety classes (firearm and/or hunter) for which a facility/range fee must not be charged (Chapter 79A.25,210 RCW). B. Income use. Regardless of whether income or fees in a project work site (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, etc.) are gained during or after the reimbursement period cited in the agreement, unless precluded by state or federal law, the revenue may only be used to offset: 1. The sponsor's.matching funds; 2. The projects total cost; 3. The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the funding board grant; 4. The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the sponsor's system; and/or 5. Capital expenses for similar acquisition and/or development. SECTION 29. PREFERENCES FOR RESIDENTS Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be maintained on the basis of residence. Even so, the funding board discourages the imposition of differential fees. Fees for nonresidents must.not exceed twice the fee imposed on residents, Where there is no fee for residents but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be, imposed on residents at comparable state or local public facilities. • PSAR Project Agreement - RCO #09-1531 N Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 11 of 14 PROJAGRAPT C — 77 SECTION 30. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS A corporate sponsor, including any nonprofit sponsor, shall: A. Maintain corporate status with the state, including registering with the Washington Secretary of State's office, throughout the . sponsor's obligation to the project as identified in the agreement. B. Notify RCO prior to corporate dissolution. Within 30 days of dissolution the sponsor shall name a qualified successor that will agree in writing to assume any on-going project responsibilities. A qualified successor is any party eligible to apply for funds in the subject grant program and capable of complying with the terms and conditions of this agreement RCO will process an amendment transferring the sponsor's obligation to the qualified successor if requirements are met. C. Sites or facllilles open to the public may not require exclusive use, (e.g., members only). SECTION 31. LIABILITY INSURANCE REQUIREMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS A. The sponsor of a firearms or archery range recreation project shall procure an endorsement, or other addition, to liability insurance it may currently carry, or shall procure a new policy of Liability Insurance, in a total coverage amount the sponsor deems adequate to ensure it will have resources to pay successful claims of persons who may be killed or injured, or suffer damage to property, while present at the range facility to which this grant is related, or by reason of being in the vicinity of that facility; provided that the coverage shall be at least one million dollars ($1,000,000) for the death of, or injury to, each person. B. The liability insurance policy, including any endorsement or addition, shall name Washington State, the funding board, and RCO as additional insured and shall be in a form approved by the funding board or director. C. The policy, endorsement or other addition, or a similar liability insurance policy meeting the requirements of this section, shall be kept In force throughout the sponsor's obligation to the project as Identified in this agreement. D. The policy, as modified by any endorsement or other addition, shall provide that the issuing company shall give written notice to RCO not less than thirty (30) calendar days in advance of any cancellation of the policy by the insurer, and within ten (10) calendar days following any termination of the policy by the sponsor. E. The requirement of Subsection A through D above shall not apply if the sponsor is a federal, state, or municipal government which has established a program of self-insurance or a policy of self-insurance with respect to claims arising from its facilities or activities generally, including such facilities as firearms or archery ranges, when the applicant declares and describes that program or policy as a part of its application to the funding board. F. By this requirement, the funding board and RCO does not assume any duty to any individual person with respect to death, injury, or damage to property which that person may suffer while present at; or In the vicinity of, the facility to which this grant relates. Any such person, or any other person making claims based on such death, injury, or damage, must look to the sponsor, or • others, for any and all remedies that may be available by law. SECTION 32. REQUIREMENTS OF THE NATIONAL PARK SERVICE If the project has been approved by the National Park Service, US Department of the interior, for funding assistance from the federal Land and Water Conservation Fund (LWCF), the `Project Agreement General Provisions' in the LWCF State Assistance Program Federal Financial Assistance Manual are also made part of this agreement. The sponsor shall abide by these LWCF General Provisions as they now exist or are hereafter amended. Further, the sponsor agrees to provide RCO with reports or documents needed to meet the requirements of the LWCF General Provisions. SECTION 33. FARMLAND PRESERVATION ACCOUNT For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account, the following sections will not apply if covered separately in a recorded RCO approved Agricultural Conservation Easement. • Section 8 - Acknowledgement and Signs, • Section 11 - Hazardous Substances, • Section 17 - Stewardship and Monitoring • Section 26 - Restriction on Conversion of Real Property and/or Facilities to Other Uses, and • Section 25 - Provisions Applying to Acquisition Projects Sub -sections D, E, F and G. SECTION 34. ORDER OF PRECEDENCE This agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the agreement shall be construed to conform to those taws. In the event of an inconsistency in the terms of this agreement, or between its terms and any applicable statute, rule, or policy or procedure, the inconsistency shall be resolved by giving precedence in the following order: A. Applicable federal and/or state statutes, regulations, policies and procedures including RCO/funding board policies and procedures, applicable federal Office of Management and Budget (OMB) circulars and federal and state executive orders; B. Project agreement including attachments; I C. Special Conditions; I D. Standard Terms and Conditions of the Project Agreement PSAR Project Agreement - RCO #09-1531 N Salmon Funding Accounts • Chapter 77.85 RCW, Chapter 420 WAC Page 12 of 14 PROJAGRAPT F - 78 SlZCTION 35. AMENDMENTS This agreement may be amended by mutual agreement of the parties only. Such amendments shall notbe binding unless they are in writing and signed by personnel authorized to bind each of the parties. Period of performance extensions and minor scope adjustments need only be signed by RCO's director or designee. SECTION 36. LIMITATION OF AUTHORITY Only RCO or RCO's delegate by writing (delegation to be made prior to action) shaA have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this agreement. Furthermore, any alteration, amendment, modification, or waiver of any clause or enndition of this agreement is not effective or binding unlass made in writing and signed by NCO. SECTION 31. WAIVER OF DEFAULT Waiver of any default shall not be deemed in be a waiver of any subsequent default. Waiver or breach of any provision of the agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the agreement unless stated to he such in writing, signed by the director, or the directors designee, and attached to the original agreement. SECTION 3$, APPLICATION REPRESENTATIONS — MISREPRESENTATIONS OR INACCURACY OR BREACH The funding board and RCO rely on the sponsor's application in making its determinations as to eligibility for, selection for, and scope of, funding grants, Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this agreement SECTION 39, . TERMINATION AND OTHER REMEDIES The funding board and RCO will require strict compliance by the sponsor with all the terms of this agreement including, but not limited to, fhe requirements of the applicable statutes, rules and all funding board and RCO policies, and with the representations of the sponsor in Its application for a grant as finally approved by the funding board. The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under this agreement: A. In the event of any breach by the sponsor of any of the Sponsor's Obligations under this agreement; or B. If the sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the completion date set out in this agreement, Included in progress is adherence to milestones and other defined deadlines. In the event this agreement is terminated by the funding board or director, under this section or any other section after any portion of 10 the grant amount has been paid to the sponsor under this agreement, the funding board or director may require that any amount paid be repaid to RCO for redeposif into the account from which the funds were derived. • The funding board and RCO may enforce this agreement by the remedy of specific performance, which usually will mean completion of the project as described In this agreement. However, the remedy of specife performance shall not be the sale or exclusiva remedy available to RCiJ. No remedy available to the funding board or RCG shall be deemed exclusive. The funding board or ROO may elect to exercise any, a combination of, or all of the remedies available to It under this agreement, or under any provision of law, common law, or equity. SECTION 46. NON-AVAILABILITY OF FUNDS If amounts sufficient to fund the grant made under this agreement are not appropriated by the Washington State Legislature, or if such funds are not allocated by the Washington State Office of Financial Management (OFM) to RCO for expenditure for this agreement in any biennial fiscal period, ROO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or OFF occurs, If ROO partIcipation is suspended under this section for a continuous period of one year, ROO's obligation to provide any future funding under this agreement shall terminate. Termination of the agreement under this section is not subject to appeal by the sponsor. SECTION 41. TERMINATION FOR CONVENIENCE Except as otherwise provided in this agreement, RCO may, by ten (1 D) days written notice, beginning on the second day after the mailing, terminate this agreement, in whole or in part. if this agreement'Is so terminated, RCO shall be liable only for payment required under the terms of this agreement for services rendered or goods zielivered prior to the effective date of termination. >'SAK Project Agreement - RCD #0A-1531 N Safmon Funding Accounts Chapter 77.85 ROW, Chapter 420 WAC Pagel 3 of 14 i ROJAGRAPT SECTION 41 DISPUTE HEARING Except as may otherwise be provided In this agreement, when a dispute arises between the sponsor and the funding board, which cannol be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request for a dispute hearing must be in wilting and clearly state: A. The disputed issues; 0 S. The relative positions of the parties; C. The sponsor's name, address, project title, and the assigned project number. In order for this sectian to apply to the resolution of arty apecficdispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those spedfia issues. The dispute shall be heard by a panel of three persons consisting of one person Chosen by the sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed, If third person cannot be agreed on, the third person shall be chosen by the funding board's chair. Any hearing under this sec€ion shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based an written material if the parties so agree. The disputes panel shall be governed by the provisions of this agreement in deciding the disputes. The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without the - authority of either or both parties to perform, as necessary, or Is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which It wishes to dispute. The written agreement to use the process under this sertlon for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. All casts associated with the implementation of this process shall be shared equally by the parties. SECTION 43. ATTORNEY'S' FEES In the event of litigation or ether action brought to enforce contract terms, each patty agrees to bear its own attorney fees and costs. SECTION 44. GOVERNING LAWIVENIJ9 This agreement shall be construed and Interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this agreement, venue shall be proper only in Thurston County Superior Court. The sponsor, by axecution of this agreement acknowledges the jurisdiction of the courts of the State of Washington. in the cases where this agreement is between the funding board and a federally recognized Indian Tribe, the following gcveming lawivenue applies: A- The State of Washington agrees that It shall initiate any lawsuit against a federally recognized Indian Tribe arising out of or relating to the performance, breach or enforcement of this agreement in Federal Court. Interpretation shall be according to the law of the State of Washington. In the event that the Federal Court determines that itlacks subject matterjurisdiction to resolve the dispute between the State and Tribal Party, then the parties agree to venue in Thurston County Superior Court, but the parties agree that the matter shall not be pursued in superior court untess there is a federal Court determination that it lacks subject maiterjurisdiction, B. Any judialal award, determination, order, decree or other relief, whether in law or equity or otherwise, resulting from the action shall be binding and enforceable on the parties, Any money judgment or award against a Triba, tribal officers and members, or the State of Washington and its officers and employees may exceed the amount provided for in Section F- Project Funding of the Agreement in order to satisfy the judgment. C. The Tribe hereby waives its sovereign immunity as necessary to give effect to this secilon, and to the implementation of any judgment. This waiver is only for the benefit of the Tribe and State and shall not be enforceable by any third party or by any assignee or delegate of the parties. In any enforcement action, the parties shall bear their own enforcement casts, Including attorneys' fees. SECTION 46, SEVERABILiTy The provisions of this agreement are intended to be severable. If any tern or prevision is Illegal or Invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the agreement. PSAR Project Agreement - RCO #0�-1537 N Salmon Funding Accounts Chapter 77.65 RCW, Chapter 420 WAC Rage 14 of 14 PRO.AGR,RFT F — 80 Puget Sound Acquistion & Restoration Fund Puget Sound Recovery Projects • Post -Evaluation Project Summary TITLE: Valley Creek Restoration Phase 3 Design NUMBER: 09-1531 N (Non -Capital) STATUS: Board Funded SPONSOR: City of Port Angeles EVALUATION SCORE: BOARD RANKING: COSTS: SPONSOR MATCH: Puget Sound Acq. & Restoration $139,000 100% Total $139,000 100% DESCRIPTION: This Is Phase 3 Restoration Design of the Valley Creek Restoration project Phase 3 includes restoration design of a channelized and culverted portion of Valley Creek into a lengthened, remeandered channel combined with fishway passage structures installed within reduced remaining culverted length. This Round 10 SRFB proposal is to complete the design and permitting components of Phase 3, such that it can be promptly initiated when capital funding is secured. This design project proposal will take the current conceptual (30%) design to 100% construction -ready plans that will also support remaining permitting and pre -construction reviews. In the course of this design work, remaining questions such as stormwater segregation and handling and fishway grating design will be finalized. Phase 3 Objectives: Fish habitat and passage, biological processes, riparian restoration; wetland and floodplain enhancement, channel conditions. Phase 3 Design Objectives: 100% design drawing package, including specs. and completion of all permitting and project reviews Species or ecological function benefited: Winter Steelhead, Coho, Cutthroat, and Fall Chum. Total Cost (this design -only request): $162,000. Funding Request (this design -only request): $139,000 Timeline: Remaining design work, plus permltting and cultural review completed within 9 months of award. LOCATION INFORMATION: Valley Creek, Port Angeles, Clallam County COUNTY: Clallam GOAL & OBJECTIVE: The goal of the project is to encourage local involvement and local solutions to salmon recovery. The objective of the project is to provide capacity building at the regional level to develop salmon recovery plans. The goal of the project is to increase and/or maintain adequate flows for wild salmon. The objective of the project is to reduce over appropriation of water in salmon bearing streams. The goal of the project is to increase/improve information to help select projects that have a high certainty and benefit The objective of the project is to determine project siting, feasibility, design, or implementation. SALMON INFORMATION: I* indicates primary) Species Targeted Chum Cutthroat Coho' Stee)head Habitat Factors Addressed • Biological Processes Loss of Access to Spawning and Rearing Habitat Channel Conditions' Riparian Conditions Floodplain Conditions 1 PAPSUM7.RPT Valley Creek Restorati f Fh;813 Design FISCAL YEAR: 2010 I DATE PRINTED: March 8, 2010 • • • 7PAPSUM7.RPT Valley Creek Restoratip Pho823 Design n 11 Eligible Reimbursement Activities Report Project Sponsor: City of Part Angeles Project Number: 09-1531 N Project Title: Valley Creek Restoration Phase 3 Design Approval: 1211t712009 Non Capital Items: Worksite Element Itam Un[Y Quanilty t?escription #1. Lowe Valley Creek PrOessionW Services Professional servIDan - other Lump sum 1.00 Hirer! Professional Engineer Servioes 01, Lower Valley Creek Professional Services Professional services - other Lump sum 1.00 Professional Engineer Services 01, Lauver Valtey Creek Salaries & Benefits Salaries & Benefits - other # of FTF-48 0,37 City of Pori Angeles Staff ,& Valtey Creek Committee ELIGREIM.RPT March S, 2010 Page: F-83 Milestone Report By Project Project Number: D9-1531 N Project Name: Valley Creek Restoration Phase 3 Design Sponsor: Part Angeles City of Project Manager: Tara Galuska X t Milestone Target Date COMMONSODSVIPtlDn Project Start 12/10/2009 Data Gathering Started 02/0112010 RFP Complete 04/0112D10 l Bid Awa rded/Ccnsuliant Hired ok112fl10 1 Cultural Resources Completed ::4510112 �1 a l Draft Rpt Reviewed by Mgmt Agy 07/01/2010 1 Progress Report Submitted 07/1512010 REQUIRED. Enter Progress Report into PRISM Annual Project Billing 0713112010 REQUIRED t Progress Report Submitted 01/1512011 REQUIRED. Enter Progress Report into PRISM Proposed Completion Date 03/0112011 Special Conditions Met 05/011201 1 1 Final Report Completed 05/01/2011 REQUIRED. Final Report form available in billing forms or form project manager Project Complete D6110/2011 PROJECT CLOSED. All expenditures must be prior to this date. Final DocslBilling to Mgmt Agy 0911012011 Sponsor has 90 days from project complete date to submit all billings and final report. X = Milestone Complete I = Critical Milestone • iMIL.ESTORPT March 08. 2010 Fge: 84 • • • Press Release Template Port Angeles City of offered grantto develop a pian or assessment for salmon recovery. (Port Angeles) - Port Angeles City of was awarded a grant of $139,00D.00 froi'n the PEAR. The grant was awarded by the Salmon Recovery f=unding Board (5RF3), and will be used forthe following; The City of Port Angeles will use this grant to complete the design and ,permitting components for a project to restore a portion of Valley Creek. The project will restore the creek into a lenrgthened, meandering stream with fish passage structures. The creek Js home to winter steelhead, cutthroat trout and coho and fail chum salmon. This project is a partnership between the city and the Valley Greek Committee, which previously workers to restore the Valley Creek estuary. "there were sixty-one applications submitted for consideration in the PSAR. Each project went through an evaluation process prior to being recommended for funding. The SRFB Board approved funding for projects on Thursday, December t D, 2099. Funding for the PSAR comes (new), Contact: Scot# Johns, (360) 417-4752 (sponsor project manager) Tara Galuska, (360) 902.2953, tera.galuska@rco.wa.gov (SRFB project manager) F-85 NGELES WASH ING TO N, CITY COUNCIL MEMO DATE: APRIL 20, 20,10 TO: CITY COUNCIL FROM: BENT MYERS, CITY MANAGER SUBJECT: HARBOR WORKS DEVELOPMENT AUTHORITY" BOARD OF DIRECTORS RE -APPOINTMENT I Summary: The Harbor -Works Board is comprised of five members. The fifth position on the Board serves as Board President and the term of office for this board position expires on May 19, 2010. Recommendation: Consider the nomination to re -appointment Orville Campbell as the fifth j member and President of the Harbor -Works Development Authority Board of Directors. i Background 1 Analysis: Section 7.01 of the Harbor -Works Development Authority Charter provides for the composition of the Board.. The Board is comprised of five members; two of which are nominated directly by the City Council; two of which are nominated by the Port Commission of the Port of Port Angeles; and a fifth position which also serves as President of the Board. The four board members select a nominee for the fifth position and that nominee's name is then submitted in writing to the City Council for consideration and approval. In the attached letter, the Harbor -Works Development Authority Board has unanimously nominated Orville Campbell to the position of Board President for a two-year term of office that would expire on May 19, 2012. A majority vote of Council is required to approve this appointment. Attached: Letter from Harbor -Works Development Authority Board of April 9, 2010 • Ll i• Development Authority - HARBORWORKS Port Angeles April 9, 20110 City of Port Angeles ATTN: City Manager Kent Meyers 321 E. 5" St. PQ Box 1158 Port Angeles, WA 98352 Subject: Nomination of Board President Dear Mr. Meyers: On Monday, April 5, 2010, the board of HarborWorks unanimously nominated Orville Campbell to'the position of President of the Board to serve another term. Under Section 7.01 (c) of the Charter, this nomination is required to be submitted for "consideration and approval" of a majority of the city council. Please consider this letter the written notification required by the Charter section cited above. We request that this nomination be forwarded to the Council at your earliest convenience. ! Regards, 4erreyA.c—UIrkcoInn Executive Director cc: File , Counsel i,* HarborWorks Development Authority PO Box 2509 Port Angeles, WA 98362 F-87 .70RT -G E LE`, A 5 H I N G T Q N, CITY COUNCIL MEMO DATE: April 20, 2010 To: CITY COUNCIL, FRom: Dan McKeen, Fire Chief SUBJECT: Medical program Director Contract Summary: The City is required to maintain a Medical Program Director to provide oversight and training to its Emergency Medical personnel. The Clallam County EMS and Trauma Care Council provides this service to the City. In 2009; the EMS Council and the Fire Department reopened the existing contract to adjust the fee for service, which had not been adjusted since 2002. Additionally, the contract was revised to allow for easier management by both parties. • The revised contract has an increase of $920 above the 2009 expense, with an annual cost of $8120. This expense, including the increase, is incorporated in the 2010 budget. The contract was reviewed by the City Attorney. 0 Recommendation: Authorize the City Manager to sign the attached contract. Background 1 Analysis: State laws requires the City's Medic I program be supervised and trained by a medical program director (MPD). State law further requires the MPD to be a licensed physician and knowledgeable in emergency medicine. The Clallam County Emergency Medical Services and Trauma Care Council have contracted with a local physician to provide the required services for all Advanced Life Support and Basic Life Support Agencies within eastern Clallam County. The MPD's specific responsibilities include; monthly training, monthly run -reviews (quality assurance program), medical control, and certifications and re -certification of personnel. Recent growth in the eastern portion of the County has significantly increased the workload of the MPD. This resulted in a disparity between the fees paid per agency that were set in 2002. In 2009, the EMS Council sought to rectify the disparity by transitioning to a fee schedule based on the number of paramedic (ALS) personnel each agency employees and a fixed fee for all agencies that provide EMS services that receive MPD services. • F-88 The new contract contains the following revisions as compared to the previous contract: • Contract duration of one year versus four years. An automatic renewal clause. A fixed fee for Basic Life Support (BLS) personnel • A cost formula based upon the number of paramedic (ALS) personnel that are employed by the City versus a fixed annual cost. The annual expense for 2010 is $8120; based upon a fixed fee of $200 (BLS) and $7920 (ALS). This represents an increase of $920 above the 2009 cost. This expense (including increase) is incorporated in the 2010 budget. Chapter 18.71 RCW and Chapter 246-976 WAC r� u • PROFESSIONAL SERVICES CONTRACT THIS CONTRACT is made this day of April, 2010, by and between the City of Port Angeles Fire Department hereinafter called "Agency", and the Clallam County Emergency Medical Services 1 Trauma Care Council, Inc.. hereinafter called "Council". AGREEMENTS NOW, THEREFORE, in consideration of the payments, covenants and agreements hereinafter recited to be made and performed by the parties hereto, the parties covenant and agree as follows: 1. Scope of Services. The Council will provide the Agency with the services of its designated medical program director, hereinafter called "Director". The Director shall be a licensed physician certified by the Department of Health Emergency Medical Services Section in conjunction with the State Emergency Medical Services Committee and shall meet all applicable qualifications of Chapter 18.71 RCW and Chapter WAC 246-976-920. The Director shall be responsible for: A, Providing medical control and direction of EMS personnel in their medical duties; by oral or written communication; B. Developing and adopting written patient care protocols to direct EMS personnel in patient care; C. Training or supervising the training of all advanced life support (ALS) personnel, providing each month an appropriate in-service training session or lecture; D. Developing and reviewing EMS system treatment, triage and transfer protocols; E. identifying and defining the medically -related duties and responsibilities of EMS system providers; F -9D • F. Establishing and coordinating the development and implementation of education programs and clinical facilities for EMS training; G. Periodically auditing educational performance and skill maintenance of field personnel; H. Holding each month an appropriate run review with advanced life support (ALS) personnel; I. Making appropriate recommendations regarding certification, re- certification, or decertification of certified EMS personnel; Establishing protocols for storing, dispensing, and administering controlled substances, in accordance with state and federal regulations and guidelines; K. Conducting examinations to determine the knowledge and abilities of paramedic personnel prior to recommending applicants for Clallam County certification and/or hire; L. Providing a monthly report to the Council outlining the director's activities; and M. All other medical matters, training and medical control of EMSP ersonnel as defined in Chapter 18.73 RCW and Chapter 246-976-920 WAC. 2. Training / Run -Review Schedule. The Director shall submit an annual training In- service / Run Review schedule by December 1 for the following year. Any cancellations to the submitted schedule shall be provided with not less than 30 days notice except in the case of documented emergencies. An alternate date shall be provided at the time of cancellation. Duration of Contract. The duration of this Contract shall be for one year. However, the Contract shall be automatically continued from year to year unless terminated as provided below. • -2- F-91 4. Termination. Either party can terminate this Contract by providing a letter of • intent to terminate with not less than 30 days notice prior to the termination date. Said letter shall be sent to the governing body at the affected entity. 5. Compensation and Method of Payment. In consideration for the services rendered as specified in Section 1 of this Contract; the Agency shall pay the Council the sum of $250.00 annually, to be paid prior to January thirty-first (31 ") of the contract year. in addition to the annual payment, the Agency shall pay an amount equal to $60.00 multiplied by the number of agency sponsored advanced life support (ALS) field providers operating under the license of the Director, to be paid on or before the fifteenth (15 th ) day of each month. 6. Independent Contractor Status. The relation created by this Contract is that of independent contracting entities. No employer-employee relationship is created between the Agency and the Council or the Council's designated Medical Program Director. • 7. 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 it is fully reimbursed for its costs that result from the breach or until corrective action has been taken or completed. However, the party shall not exercise this right until it has 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 party's right to terminate this Contract or any other right that 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 -3- F-92 • r� L 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. 8. Entire Contract. The parties agree that this Contact 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. fN WITNESS WHEREOF, the parties hereto caused this Contract to be executed the day and year first herein alcove written. Agency: City of Fort Angeles IN Kent Myers, City Manager Reviewed By: Bill B loor, City Attorney -4- CLALLAM COUNTY EMERGENCY ME❑1CAL SERVICES 1 TRAUMA COUNCIL M. Karen Blore, President F-93 LJ 0 G""ELES WAS H I N G T O N, CITY COUNCIL MEMO DATE: April 20, 2010 TO: CITY COUNCIL FROM: NATHAN A. WEST, DIRECTOR COMMUNITY & ECONOMIC DEVELOPMENT SUBJECT: AMENDMENT TO ORDINANCE 3394 SECTION 5 LIPMAN/STONE STREET VACATION PETITION — STV 09-05 PORTION OF VINE STREET 2ND READING Summary: An amendment is necessary to provide clarification on ordinance 3394 relative to the Lipman/Stone Street Vacation. Recommendation: Conduc! the 2"d reading of the attached ordinance and adopt the ordinance as read. Background / Anal: At a meeting held on April 6, 2010, Council conducted the first reading of the attached ordinance amendment. On March 18, 2010, the City Council adopted an ordinance approving vacation of a portion of Vine Street between the Whidby/Lopez Avenue Alley and Lopez Avenue, and Lopez Avenue and the Lopez/Orcas Avenue Alley. Staff has determined that clarification to the ordinance is necessary relative to the ordinance recording and implementation. As previously written the ordinance requires cooperation by both parties within the required 90 day period to be valid. The attached amending ordinance allows for a variation in the event one party does not follow through with the compensation section. As clarified implementation of Section 413 of the ordinance would not have an adverse impact on the implementation of section 4A. Attachments: A Amendment to Ordinance 3394 B Original Ordinance 3394 G-1 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending Ordinance No. 3394. WHEREAS, Ordinance 3394 was adopted on March 18, 2010; and WHEREAS, City Council finds it appropriate to clarify Section 5 of Ordinance No.3394. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN as follows: Section 1. Section 5 of Ordinance No. 3394 is amended to read as follows: Section 5 - Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. The City Clerk is hereby directed to publish this Ordinance and to file a certified copy with the Clallam County Auditor and the Clallam County Assessor. As to the property described in Section 4.B. in Ordinance No. 3394, this Ordinance shall be effective only upon the payment of the required compensation. If full payment is not received within ninety days of the date of approval, then this ordinance will be deemed to be void as to Section 4.B. and shall have no effect. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of April, 2010. ATTEST: MAYOR -1- G-2 • • • Janessa Hurd, City Clerk • • APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: .2010 By Summary Exhibit A: Conditions, Findings & Conclusions Exhibit B: Map G:\LEGAL\ORDINANCES&RESOLUTIONS\ORDINANCES.2010\8 -Lipman (Vine Street) Amcndment.033110.wpd ORDINANCE NO. • AN ORDINANCE of the City of Port Angeles, Washington, vacating portions of Vine Street, Port Angeles, in Clallam County, Washington. WHEREAS, a petition is on file with the City of Port Angeles to vacate a portion of Vine Street between Whidby and Orcas Streets, Townsite of Port Angeles, Clallam County, Washington; and WHEREAS, street vacations are categorically exefrom the requirements of the State Environmental Policy Act (SEPA) rules as set forth"1-800(2)(h); and WHEREAS, a public hearing has been hety Council following public notice pursuant to Chapter 35.79 RCW; and WHEREAS, said vacatio ppe to of benefit to and in the interest of the, public. • NOW, THEREFO IT UNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN^ol%ls: Subject to the terms and conditions of this Ordinance, the following po%pns of ine Street, as depicted on Exhibit `B," are hereby vacated: That portion of Vine Street abutting Lot 20, Block 17, Puget Sound Cooperative Colony's 2°d Addition to the Townsite of Port Angeles, Washington, and abutting Lot 1, Block 12, Puget Sound Cooperative Colony's 2°d Addition to the Townsite of Port Angeles, all in Clallam County, Washington. Section 2 - Reservation. From the vacation provided in Section 1, above, the City shall reserve a perpetual easement along the east 30 feet of property for a utility corridor for service to or construction of public utilities within the utility corridor. The area shall remain free of structures and access shall not be hindered at any time. G-4 • Section 3 - Conditions. The attached Conditions, Findings and Conclusions, identified as Exhibit "A," hereby are adopted and incorporated herein. • Section 4 - Compensation. A. No compensation shall be required from the adjoining owners for vacation of the street abutting the property described below except the required recording fee. That portion of Vine Street abutting Lot 20, Block 17, Puget Sound Cooperative Colony's 2nd Addition to the Townsite of Port Angeles, Washington, in Clallam County, Washington. B. Compensation required for the vacation of s street is $4.50 per square foot for the property described below plus the required recor That portion of Vine Street abuttin of lock 12, Puget Sound Cooperative Colony's 2nd Addition to f Port Angeles, Washington, in Clallam County, Washi n. Section 5 - Effective Da T i r nce, being an exercise of a power specifically delegated to the City legisl ' e , i of subject to referendum. This Ordinance shall be effective only upon t oay ent o e required compensation Clerk is here County A Upon that satisfaction, the.City ish this Ordinance and to file a certified copy with the Clallam lallam County Assessor. If full payment is not received within ninety days of the date of approval, then this ordinance will be deemed to be void and shall have no effect. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of March, 2010. -2- MAYOR G-5 ATTEST: Janessa Hurd, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: , 2010 By Summary Exhibit A: Conditions, Findings & Conclusions Exhibit B: Map GALEGAL\ORDINANCES&RESOLUTIONS\ORDINANCES.20I0\2-Lipman-Sto 1.11.1 d 0 -3_ • G-6 • 0 OR-,; T DATE: April 20, 2010 TO: CITY COUNCIL FROM: YVONNE ZIOMKOWSKI, FINANCE DIRECTOR GELES NATHAN WEST, COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR SUBJECT: COMMUNITY DEVELOPMENT FUND CLOSURE Summary: The City has had a Community Development Fund (Fund 104) in place since 1986. The fund no longer serves its originally intended purpose and as such should be closed. Recommendation: Conduct a 2"d reading of the attached ordinance and Adopt the ordinance as read. Background / Analysis: At a meeting held on April 6, 2010, Council conducted the first reading of the attached ordinance. In 1986 the City created a Community Development Fund for the purpose of fiscal administration of Community Development Block Grants (CDBG). This fund has not been utilized by the City for a number of years and no longer serves its intended function. Presently all Community Development Block Grants are Administered through Fund 172 the City's Housing Rehabilitation Fund. Additionally, all CDBG income must be spent prior to receiving future grants. In 2009 all CDBG income was obligated and most was transferred to the Economic Development Fund for the administration of the City's Facade Improvement Program. There are no remaining funds in Fund 104. The Finance Director and Community and Economic Development Director are recommending this fund be closed as it is no longer needed . Staff recommends that Council conduct the first reading of the attached ordinance closing Fund 104. Attachment A Ordinance G-7 • ORDINANCE NO. AN ORDINANCE of the City Council of the City of Port Angeles, Washington, closing the Community Development Fund, and repealing Section 3.2 1.010 PAMC. WHEREAS, the Community Development Fund was created by Section 1 of Ordinance 2380, effective February 24 1986, for the fiscal administration of moneys received under the Community Development Block Grant Program; and WHEREAS, the Community Development Fund has no remaining money, and no deposits to it are anticipated; and WHEREAS, the Community Development Fund is no longer be needed and should be closed. • NOW, THEREFORE, the City Council of the City of Port Angeles do ordain as follows: . Section 1. The Community Development Fund is closed, and Section 1 of Ordinance 2380 and Section 3.2 1.010 of the Port Angeles Municipal Code hereby are repealed. Section 2 - Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect five days after its publication by summary. PASSED by the City Council of the City of Port Angeles, Washington, at its regular meeting on the day of April, 2010. MAYOR G-8 lJ ATTEST: APPROVED AS TO FORM: Janessa Hurd, City Clerk William E. Sloor, City Attorney PUBLISHED: April , 2010 By Summary G'-1LEGAL1ORD NANCES&RESOLllTIONSIORGINAN CESIM \3( -Comm D1 Fund Tre fe-Closm.IlWM.wpd • AM N%G`,'ELES A S H I N G T 0 N, CITY COUNCIL MEMO DATE: April 20, 2010 TO: CITY COUNCIL FROM: NATHAN A. WEST, DIRECTOR COMMUNITY & ECONOMIC DEVELOPMENT SUBJECT: FA(;ADE. IMPROVEMENT PROGRAM UPDATE AND ORDINANCE AMENDMENT Summary Staff has identified necessary changes in coni unction with the City's Fagade Improvement Program. An ordinance amendment is required to effect those changes. Recommendation: Council should conduct the first reading q f the attached ordinance. Background 1 Analysis: In 2009, the City allocated $153,000 to the Fagade improvement Program. A total of $25,179 has been obligated from that allocation through awarded grants. The first four recipients of the City's new Facade and Signage Competitive Grant Program were announced at the Port Angeles Planning Commission meeting on December 9, 2009. Eleven applications were considered by the Planning Commission. Four grants were awarded, three for facade improvement and one for sign improvements. Grant recipients were: • The Kaufman -Miller building (123 E Im Street) $10,000 • Serenity House (535 E. Id Street) $4„179 • Baileys Signs (112 S. Lincoln Street) $10,000 • Pacific ,Refrigeration (600 E. 1 °, Street) is the recipient of a sign improvement grant for $1,000 The Fagade and Signage Competitive Grant Program provides a matching grant award up to $10,000 per project for facade improvements, and up to $1,000 per project for sign improvements. Projects are evaluated on the degree in which they meet the Program's intent to promote improvement of physical appearance, accessibility, and overall value to properties located within commercial areas of the city. The City launched the grant program in October 2009 to address the physical appearance of the downtown and commercial areas as identified by the American Institute of Architects' assessment completed earlier that year. The next opportunity to apply will be announced in May of 2010. G-10 • • u In conjunction with the first round of grant applications it was identified that some legally conforming uses on arterial streets were excluded from eligibility for the Facade Improvement Program. The attached ordinance amendment will ensure that all legally conforming commercial 40 uses on arterial streets are eligible for the grant program. It is recommended that Council conduct the first reading of the attached ordinance. Staff' is available to answer any questions related to the program and the proposed amended ordinance. Attachment: Fagade Improvement Program Ordinance Amendment • G-11 ORDINANCE NO. • AN ORDINANCE of the City of Port Angeles, Washington, amending Ordinance 3373 establishing the Facade and Signage Improvement Program. WHEREAS, the City Council adopted Ordinance 3373 on August 4, 2009 establishing the City's Facade and Signage Improvement Program; and WHEREAS, the City Council finds it appropriate to amend Section 6 and Section S of Ordinance 3373. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN as follows: Section 6 of Ordinance 3373 is amended as to read as follows: Section 6. To be eligible for the Program, a property must (1) be located in one of the following zones: Commercial Arterial (CA), Commercial Shopping District (CSD), Commercial Neighborhood (CN), Commercial Office (CO), and Commercial Business District (CBD) zones or (2) be a conforming commercial use in a non-commercial zone. Section 8 of Ordinance 3373 is amended as to read as follows: Section 8. Buildings must be located within the CBD or on an arterial roadway and location described in Section 6. The project shall increase taxable value of building and shall be considered New Construction per RCW 36.21.080. The owner, for himself and his successors, shall agree to maintain improvements for a minimum of a 5 year period. Ct VA 0 PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 20' day of April, 2014. ATTEST: MAYOR APPROVED AS TO FORM: Janessa Hurd, City Clerk William E. Bloor, City ,Attorney PUBLISHED: By Summary 4:ILEOAL%ORDINANCFSi&RESOLU170NSIOPDINANCES.20109 - Amd Facade & S=ge Improv. Pmgr 04151 d.wpd • +G-13 • GELES Date: April 20, 2010 To: CITY COUNCIL From: Glenn A. Cutler, P.E.. Director of Public Works & Utilities Subject: Industrial Wastewater Pretreatment Program Ordinance, Second Reading and Adoption Summary: The Wastewater Utility is required by the Washington State Department of Ecology (DOE) to update its industrial pretreatment program to comply with the Wastewater Treatment Plant's (W WTP) National Pollutant Discharge Elimination System (NPDES) permit, and to comply with Environmental Protection Agency standards. Recommendation: 1) Listen to the staff presentation, 2) conduct and then close the public hearing, 3) conduct a second reading of the ordinance, and 4) adopt the ordinance as presented. Background/Analysis: The purpose of the Industrial Wastewater Pretreatment Program is to protect the public and the process and equipment of the City's publicly owned treatment works (POTW), which includes the W WTP and sewer collection system; and ultimately to protect the waters of Port Angeles Harbor. The Program is managed by the Wastewater Utility, and currently codified in Port Angeles Municipal Code (PAMC) 13.06. PANIC 13.06 was substantially written in 1984, with minor revisions in 1990 and 1996. This new ordinance will both repeal the existing ordinance in its entirety and replace it with a new PAMC 13.06. It includes an array of enforcement measures available to the Public Works and Utilities Director. At the March 2, 2010 Council meeting, a presentation was given to review the requirements of the NPDES permit, the proposed Industrial Wastewater Pretreatment (IWP) ordinance. revised local limits to pollutant discharges by industrial users of the wastewater system, and the proposed I W P Program implementation. A first reading of the ordinance was conducted at the March 18, 2010 Council meeting. A second reading will be conducted today, preceded by a short presentation that focuses on the provisions of the new PANIC 13.06, and particularly on changes to proposed revisions to PANIC 3.70.1 10 and 13.06.190 that have occurred since the first reading. Copies of the draft ordinance and related information are available on the City's website at www.citvofpa.uslpwWasteWtr.htm#lndWp . It is recommended that Council 1) Listen to the staff presentation. 2) conduct and then close the public hearing. 3) conduct a second reading of the ordinance, and 4) adopt the ordinance as presented. 0 Attachment: Proposed I WP Ordinance NAC COUNCILIPINALIIndustria] Wastewater Pretreatment ordinance 2nd reading.doc ORDINANCE NO. 0 AN ORDINANCE of the City of Port Angeles, Washington, related to Industrial Wastewater Pretreatment, repealing and replacing Chapter 13.06 of the Port Angeles Municipal Code. Section 1.. Chapter 13.06 of the Port Angeles Municipal Code relating to Industrial Wastewater Pretreatment is hereby repealed, in its entirety, as fellows: Srrffi s- 13-06-010 Putpase and Pohrr. i 3.06.026 Definitions. 13.06.030 6encral Discharge Prohibiftons7 13.06.050 Accidentai Discharges. 13.06.070 Fem. B.66.680 Administration 13.06.090 Stand d. 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(Ij-dichlomethylene mid ,- 29. ,30. i,2-tians-dichlomethylem - -ls- K- 16 .. .. :..Ps .... 11 t a i Lol ILog 1 .- tell- ..12-181WUNIN - .. .. .. ... 1, 1 - „ - - •16. chloroethmir We Wif "111 LIA ..= werill IMIL-JIL=5 .. .: limit .. .... *E)*ChIuiuethyicn -! (Ij-dichlomethylene mid ,- 29. ,30. i,2-tians-dichlomethylem - -ls- K- 16 32. ,- dichlojopiopaiie33. f,3-dichlotopiopylene ,- 34. ,*Specific compounds and chemical classes as fisted in the consent declee. - 45. methyl chimide (chiommethane) 48. dicifloobiornoinuthanc 52. *hexachlombutadiem *Nitrophenol- (including ,- 57. 2-ititlophcnoi 16 45. methyl chimide (chiommethane) 48. dicifloobiornoinuthanc 52. *hexachlombutadiem *Nitrophenol- (including ,- 57. 2-ititlophcnoi 58. 4-nitioplicnof 59. ,-dinitiophenui 60. ,- -- 6f. N-nitiosodimethylamine 62. N-nitrosodiphenylatifirre 63. N-nitiosodi-n-piopylairi=i 65. mol 67. butyl benzy! ptithalate -16- K- 17 7i. diinediy! phthalate 72. benzo(a)antfilacenc ,- 73. benzo (a) pyrene ,- 74. ,- beitzoffiruimithene 75. benzo(k)fluotanthane (i , - 76. cill-YSCIM." 77. acenaphthyk= 78. anthiacene 79. be,=o(ghi)perylene , - so. flumein, >- 83. indeno „ - - - 84. pyiene 85. *tetrachiorethylenc 86. *toluen 87. *t, ichio! octilylene Pesticides and Metabolites 89. *aidj in 90. *d:e1drin 91. *chlordane (technical mixtum inetabofites)• *cndosulf�n mid metabolites 95. a-6,11dosaifaiT-Atpha 96. b-endosulffii-Beta 97. cndosulf�ii sulfate 98. enchill 99. endrin atdchyde *heptachlor and metabolites f 06. Pef3-1242 (Amchlor 124-2) is _17_ K- 18 ELM aj;MWAN= w Val tells . 123. 9viercury (Total) 125. *Scieninni (Total) i 27, 'Thyalham (Total) 3. TIMBER FR6BHETS PRBfE3s w'f-00000--rRESE^"'�mo--rrenc-n • -18_ K- 19 ,- ,. ..: ...Pil I . ■ .- ■ .Jill rAb • s • •. ■a. ■ 1 1 1"■ a Villpoll 11116mililill 0 R -N 1119 1 L" I I al I I to P. I to No toij a 10 1 kol pi I 16 0 mis L-voill 0 tax avwmg a a In I I tu I I to to mo I&W I ra lu -�- K - 20 MINIM ..V" IN 1 IMA6 .. • • •ll UJIA711�1�■/11.11�11i1�Nl C./t \til• • � - • - - • • - Section 2. A new Chapter 13.06, Industrial Wastewater Pretreatment, is hereby adopted, as follows: INDUSTRIAL WASTEWATER PRETREATMENT -20- K - 21 Sections: 13.06.010 Pumose and Policy 13.06.011 Definitions 13.06.012 Abbreviations 13.06.020 Administration 13.06.030 Discharge Prohibitions 13.06.031 Fats. Oil and Grease (FOG) 13.06.032 New Construction 13.06.033 Existing Construction 13.06.034 Grease Removal System Maintenance 13.06.035 Grease Removal System Additives 13.06.036 Solids Interceptor 13.06.037 Grease Removal System Sizing 13.06.038 Flow Controls 13.06.039 Record Keeping 13.06.040 Limitations on Wastewater Strength 13.06.041 National Categorical Pretreatment Standards 13.06.042 State Pretreatment Standards 13.06.043 Right of Revision 13.06.044 Dilution 13.06.045 Local Limits 13.06.050 Accidental Discharge/ lug Discharge Control Plans • 13.06.051 13.06.060 Hauled Wastewater Pretreatment Facilities -20- K - 21 13.06.061 Additional Pretreatment Measures • 13.06.080 Wastewater Discharge Permits 13.06.100 Reporting Requirements 13.06.110 Analytical Requirements 13.06.111 Sample Collection 13.06.120 Compliance Monitoring 13.06.130 Confidential information 13.06.140 Publication Of Users In Significant Noncompliance 13.06.150 Administrative Enforcement Remedies 13.06.160 Judicial Enforcement Remedies 13.06.170 Supplemental Enforcement Actio_ n 13.06.180 Affirmative Defenses 13.06.181 Bypass 13.06.190 Pretreatment Charges and Fees 13.06.010 - Pumose and Policy. A. This Chapter sets forth uniform requirements for Dischargers into the Public Owned Treatment Works (POTW) and enables the City to protect public health in conformity with all applicable local, State and Federal laws relating thereto. The objectives of this Chapter are: 1. To prevent the introduction into the City wastewater system of pollutants that could interfere with the normal operation of the system or contaminate the -resulting municipal sludge; • 2. To prevent the introduction into the City wastewater system ofpollutants that do not receive adequate treatment in the POTW, and that will pass through the system into receiving waters or the atmosphere or otherwise be incompatible with the system; 3. To improve the opportunity to recycle and reclaim wastewater and sludge from the system, 4. To enable the City to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the POTW is subject. B. This Chanter provides for the regulation of discharges into the City wastewater ss C. This Chapter shall apply to all Users of POTW. The Chapter authorizes the issuance ofwastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting. 13 06 011 -Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Chapter, shall have the meanings hereinafter designated: A. "Act" - The Clean Water Act (33 U.S.C. 1251 et sea), as amended. B. "Additive" - Any material put into a Grease Removal System MRS) or any drain lines or appurtenances discharging to a QRS intended in any way to modify the operation of the QRS. C. "AKART" - All known available and reasonable treatment technology. • -21- K - 22 • D. "Applicable Pretreatment Standards" - For any specified pollutant, the City_ 's prohibitive discharge standard, the City's specific limitations on discharge, the State of Washington pretreatment standards, or the National Categorical Pretreatment Standards (when effective), whichever standard is most stringent. E. "Authorized or Duly Authorized Representative of the User" I . If the user is a comoration: a. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or b. The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions which ovem the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations: can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements: and where authority to sin documents has been assigned or delegated to the manager in accordance with corporate procedures. 2. If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively. 3. If the user is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the • activities of the regulated facility, or their designee. 4. The individuals described in paragraphs 1 through 3, above, mavdesignate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company_, and the written authorization is submitted to the City. F. "Automatic Grease Removal System (AGRS)" - A GRS that has provision to automatically remove separated FOG and/or settled solids from the tank and collect them for disposal. G. "Biochemical Oxygen Demand or BOD" - The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20 degrees centigrade, usually expressed as a concentration (e.g., mg/1). H. "Best Management Practices or BMPs" - means schedules of activities prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 13.06.030 A and B r40 CFR 403.5(a)(1) and (b)l. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. I. "Categorical Pretreatment Standard or Categorical Standard" _-_Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. Section 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N. Parts 405-471. J. "Categorical Industrial User" - An Industrial User subject to a Categorical • Pretreatment Standard or Categorical Standard. K. "City" - City of Port Angeles, Washington. -22- K-23 L. "Composite Sample" - A composite of several samples taken throughout the • period of a day when a regulated discharge is occurring. Several brands of electric samplers some with a refrigerated sample collection area, may be used. Approvable composite samplers may either use a flow paced or time paced algorithm. M. "Daily Limit or Daily Maximum Limit" - The maximum allowable discharge of a pollutant over a calendar day or equivalent representative 24-hour period. N. "Director" - The City of Port Angeles' Public Works and Utilities Director. The term also means a duly authorized representative of the Director. Whenever in this Chapter the Director is given authority to establish limits, extend or shorten time, make a determination or finding, or make other decisions, he shall do so within the bounds of applicable local, state, and federal law and in accordance with BMPs. O. "Discharge Authorization" - A wastewater discharge permit authorizing users to discharge wastewater to the Port Angeles POTW. These permits would be for users other than Minor Industrial Dischargers but still requiring a control mechanism. P. "Discharger" - Any non-residential user who, by any means, discharges an effluent into a POTW. O. "Environmental Protection Agency'- The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator. or other duly authorized official. R. "Existing Source" - Any source of discharge subject to Categorical Standards that does not meet the definition of a "New Source." S. "Fats, Oils, and Grease (FOG)" - The term fats, oils, and grease shall mean those components of wastewater amenable to measurement by the methods described in Standard roved Methods for the examination of Water and Wastewater, latest apprd edition or other methods • approved by 40 CFR 136. For the purposes of this Chapter, the term Fats, Oils And Grease shall include polar fats, oils, and grease and other components extracted from wastewater by these methods, excluding the non -polar fraction. T. "Food Service Establishment (FSE)" - Any establishment, commercial or noncommercial, primarily engaged in the preparing, serving, or otherwise making available for consumption foodstuffs in or on a receptacle that requires washing more than two (2) days per week and that discharges to the POTW. U. "Grab Sample" - A sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen 0 5) minutes. n- V. "Grease Interceptor/Interceptor/Interceptor-style QRS" - Any relatively large in- aound or above -Found tank, generally, but not always, of precast concrete, with internal around plumbing and baffling intended to act as a QRS or AGRS to serve one or more fixtures and that is remotely located. W. "Grease Removal System (GRS)" - Any device designed for, and intended for, separating, collecting, and removing waterborne FOG and settleable solids prior to discharging to the POTW. This includes any AGRS. X. "Grease Trap/Trap/Trap-style QRS" - Any relatively small appurtenance, generally, but not always, of cast iron or fabricated steel, with internal configuration and internal or external flow control intended to function as a GRS or AGRS. All trap -style grease removal systems must be PDI or IAPMO approved. Y. "Indirect Discharge" - The discharge or the introduction of pollutants into the POTW from any non-domestic source regulated under Section 307(b) (c) or (d) of the Act. • -23- K - 24 -24- K-25 Z. "industrial Waste" - Solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources. AA, "Instantaneous Maximum Discharge Limit" or "Instantaneous Limit" - The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of a discrete sample. Where a User is required to take a grab sample for purooses of determining compliance with Local Limits, this standard is the same as the Daily Maximum standard. For pollutants for which Users are required to take composite samples, (or for metals if no permit has been issued) the Instantaneous Limit shall be twice the Daily Limit. BB. "Interference" - A discharge which causes (eitherby itself or in combination with other discharges) a violation of the City'sNPDES permit or prevents the intended sewage sludLw use or disposal by inhibiting or disrupting the POTW. including its collection systems. pump stations, and wastewater and sludge treatment processes. An example is a discharge from a User causes a blockage resulting in a discharge at a point not authorized under the City's _which NPDES permit. CC. "Local Limits" - Effluent limitation developed for Users by the Director to _ specifically protect the POTW from the potential of Pass Through, Interference, vapor toxicity, explosions, sewer corrosion, and contaminations ofbiosolids. Such limits shall be rased on the POTW's site-specific flow and loading capacities, receiving water considerations, and reasonable treatment expectations for non-domestic wastewater. DD. "May" - Is permissive (see"shall"). EE. "Medical Waste" - Isolation wastes, infectious agents, human blood and blood products, pathological. wastes, sharps, body parts, contaminated bedding, surgical wastes potentially contaminated laboratory wastes, and dialysis wastes. FF. "Minor Industrial User (MILT)" - A non -categorical industrial or commercial user of the POTW that does not qualify as a significant industrial user, but that operates facilities that: 1. Have some discharges of wastewater that could cause detectably elevated concentrations of metals or toxiesin the pretreatment quarterly analysis, or 2. Have a discharge of small quantities of dangerous waste to the POTW which have been excluded from regulation under Chapter 173-303 WAC, or its successors, through the domestic sewage exclusion, or 3. Have a potential to discharge or spill chemicals to the POTW. GG. "Monthly Average" - The arithmetic mean of the effluent samples collected during a calendar month or specified 34 -day period. Where the Control Authority has taken a sample during the period, it must be included in the monthly average. if provided in time. However, where composite samples are required, grab samples taken for process control or by the Control Authpr%ty are not to be included in a monthly average. HH. "Monthly Average Limit" - The limit to be applied to the Monthly Average to determine compliance with the requirements of this Chapter (see section 13.46.045 far listingl. Il. "Natural Outlet" - Any outlet, including storm sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or ground water. JJ. "New Source" - 1. Any building, structure, facility, or installation from which there is (or may bel a discharge of pollutants, the construction of which commenced after the publication of roposed pretreatment standards under Section 307(c ), or its successors, of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that -24- K-25 section, provided that: a. The building, structure, facility, or installation is constructed at a 40, site at which no other source is located; or b. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existjng source; or C. The production or wastewater generating processes ofthe building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. ? Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Section (1)(b) or (c) above but otherwise alters replaces, or adds to existing process or production a ui ment. 3. Construction of a New Source has commenced if the owner or operator has: a. Begun, or caused to begin, as part of a continuous onsite construction program: i. any placement, assembly, or installation of facilities or equipment, or ii, significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or b. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts that can be terminated or modified without substantial loss, and contracts for feasibility, engineering, ant design studies do not constitute a contractual obligation under this paragraph. K.K. "Non -FSE FOG Discharger (NFD]" - Anv establishment, such as a church synagogue, worship hall, banquet facility, or meeting space, with a commercial -style kitchen that is used for preparing, serving, or otherwise making available for consumption foodstuffs in or on a receptacle that requires washing two days a week or less and that discharges to the POTW. LL. "NPDES" - National Pollutant Discharge Elimination System Permit program as administered by the USEPAor State. MM. "0 and M" - Operation and Maintenance. NN. "Other Wastes" - Decayedwoad, sawdust, shavings, bark, lime, refuse ashes garbage, offal, oil„ tar, chemicals and all other substances except sewage and industrial wastes. 00. "Pass Through" - A discharge that exits the POTW into waters of the United States in nuantities or concentrations which_ alone or in coniunction with a discharge or permit, including an increase in the magnitude or duration of a violation. PP. "'Person" - Any individual, partnership, co -partnership, firm, company, corporation, association. joint stock company. trust, estate. governmental entity, or any other I tity; or their legal representatives, agents, or assigns. This definition includes all Federal, -25- K - 26 • State, and local governmental entities. "pH" - A measure of the acidijy or alkalinity of a solution exwressed in standard units. RR. "POTW (Public Owned Treatment Works)" - A treatment works, as defined by Section 212 of the Act (33 U.S.C. Section 1292), that is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, that convey wastewater to a treatment plant. SS. "Pollutant" - Dredged spoil, solid waste, incinerator residue filter backwash sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials radioactive materials heat wrecked or discarded equipment rock sand cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, Carbonaceous Oxygen Demand, toxicity, or odor). TT. "Pretreatment" - The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. UU. "Sewage" - Water -carried human wastes or a combination ofwater-carried wastes from residence, business buildings, institutions and industrial establishments, together with such around, surface, storm or other waters as may be present. W. "Sewer" - Anv pipe, conduit, ditch or other device used to collect and transport sewage or storm water from the generating source. WW. "Shall" Is mandatory. XX. "Significant Industrial User (SIU)" - Except as provided in paragraph (3) below a Significant Industrial User is: 1. A User subject to categorical pretreatment standards* or 2. A User that: a. Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); b. Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacityof the POTW treatment plant: or C. Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW'soperation or for violating any pretreatment standard or requirement. 3. Upon a finding that a User meeting the criteria in paragraph (2) above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(8 (6), or its successors, determine that such User should not be considered a Significant Industrial User. W. "Slugload" or "Slug Discharge" - Any Discharge of a non -routine. episodic • nature, including but not limited to an accidental spill or a non -customary batch discharge. which -26- K-27 has a reasonable potential to cause Interference or Pass Through, or in any other way violate the • POTW's regulations, local limits or Permit conditions. This includes discharges at a flow rate or concentration that could cause a violation of the prohibited discharge standards of Section 13.06.030 of this Chapter. ZZ. "Storm Water" - Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt. AAA. "Suspended Solids" - The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering. BBB. "Toxic Pollutants" -Those substances, and any other pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under Section 307, or its successors, of the Clean Water Act. CCC. "Upset" - An exceptional incident in which a Discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in this Chapter due to factors beyond the reasonable control of the Discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof. DDD. "User or Industrial User" - A source of indirect discharge. EEE. "Wastewater" - Industrial waste, or sewage or any other waste including that which may be combined with any ground water, surface water or storm water, that may be discharged to the POTW. l 3.06.012 - Abbreviations. A. AGRS - Automatic Grease Removal System B. BOD - Biochemical Oxygen Demand C. BMP - Best Management Practice D. CFR - Code of Federal Rgplations E. CTU - Categorical Industrial User F. DOE - Department of Ecology G. EPA - U.S. Environmental Protection Agency H. FSE - Food Service Establishment T. FOG - Fats, Oils and Greases J. gpd - gallons per day K. QRS - Grease Removal System L. mg/1- milligrams per liter M. MN - Minor Industrial User N. NFD - Non -FSE FOG Discharger O. NPDES - National Pollutant Discharge Elimination System P. POTW - Publicly Owned Treatment Works O. RCRA - Resource Conservation and Recovery Act R. SIU - Significant Industrial User S. TSS - Total Suspended Solids T. USC - United States Code 13 06 020 - Administration Except as otherwise provided herein the Director shall administer, implement, and enforce the provisions of this Chapter. Any powers granted to or duties imposed upon the Director may be delegated by the Director to other City personnel. The • -27- K - 28 • Washington State Department of Ecology (DOE) will evaluate all Significant Industrial Users STUs) who wish to discharge into the City of Port Angeles' POTW. DOE will issue all industrial wastewater discharge permits and perform enforcement actions against those SIUs that are in violation of their discharge permit or this Chapter. 13.06.030 - Discharge Prohibitions. A. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater that causes Pass Through or Interference. These general prohibitions apply to all users of the POTW whether or not they are subject to Categorical Pretreatment Standards or a_n_ v other National, State, or local pretreatment standards or requirements. B. No User shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater: 1. Pollutants that either alone or by interaction may create a fire or explosive hazard in the POTW, a public nuisance or hazard to life, or prevent entry into the sewers for their maintenance and repair or are in any way injurious to the operation of the system or operating personnel. This includes waste streams with a closed -cup flashpoint of less than 140 degrees F 60 degrees C) using the test methods specified in 40 CFR 261.21, or its successors. 2. Any soluble waste or wastes having a pH lower than 5.0 or higher than 10.0 or having any other corrosive property that reasonably could be hazardous to structures. equipment, or personnel of the City, such as, but not limited to, batte_ry or plating acids and wastes, copper sulfate, chromium salts and compounds, or salt brine. 3. Solid or viscous substances in amounts that may cause obstruction to the • flow in the sewer or other interference with the operation of the system. In no case shall solids greater than 1/4 inch (0.64 cm) in any dimension be discharged. 4. Pollutants, including oxygen -demanding pollutants (BOD etc.), released in a discharge at a flow rate and/or pollutant concentration that, either singly or by interaction with other pollutants, will cause interference with the POTW. 5. Wastewater having a temperature that will interfere with the biological activity in the system, has detrimental effects on the collection system, or prevents entry into the sewer. In no case shall wastewater be discharged that causes the wastewater temperature at the treatment plant to exceed 104 degrees F (40 Cl. 6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause Pass Through or Interference. 7. Pollutants that result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems 8. Trucked or hauled pollutants, except at discharge points designated by the Director in accordance with Section 13.06.051 of this Chapter. C. The following classes of discharge are prohibited unless approved by the Director because of extraordinary circumstances, such as lack of direct discharge alternatives due to combined sewer service or need to augment sewage flows due to septic conditions: 1. Noncontact cooling water in significant volumes_ 2. Stormwater, or other direct inflow sources. 3. Wastewaters significantly affecting system hydraulic loading that do not require treatment or would not be afforded a significant degree of treatment by the system. -28- K-29 4. New discharges of stormwater, surface water, ground water, artesian well • water, roof runoff, subsurface drainage, condensate, deionized water, noncontact_cooling water, and unpolluted wastewater, unless specifically authorized by the Director. 5. Sludges, screenings, or other residues from the pretreatment of industrial wastes. unless specifically authorized by the Director. 6. Medical wastes, except as specifically authorized by the Director in a wastewater discharge permit. D. Noxious or malodorous liquids, gases, solids, or other wastewater that either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair. E. Wastewater that imparts color that cannot be removed by the treatment process such as, but not limited to, dye wastes and vegetable tanning solutions, that consequently imparts color to the treatment plant's effluent, thereby violating the City's NPDES permit. F. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations. G. Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail toxicity test. H. Detergents, surface-active agents, or other substances that may cause excessive foaming in the POTW. I. Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than ten percent (10%) or any single reading over twenty percent (20%) of the Lower Explosive Limit based on an explosivity meter reading. • J. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that an unintended discharge to the sanitary sewer or the storm sewer could occur. 13.06.031 - Fats, Oil and Grease (FOG). A. No user shall discharge more than 100 mg/l of fats, oils or greases into the sewer system at any instant. The City may sample and inspect grease traps of commercial establishments to ensure they are being maintained to reduce buildup of grease in the sewer system. The City recognizes that preventative measures are necessary to control discharges containing FOG that might cause wastewater treatment plant interference. The City may require commercial establishments to initiate Best Management Practices (BMPs) to control and maintain grease interceptors or traps. B. All FSEs and NFDs shall have an adequate grease removal system installed and exercise proper kitchen best management practices to ensure that excess concentrations of FOG are not discharged to the POTW. The property owner shall maintain all grease interceptors or traps in accordance with manufacturer recommendations. C. In the event that the City cleans a sewer main blocked by FOG originating from a commercial establishment the commercial establishment shall reimburse the City for those costs. • -29- K- 30 • 13.06.032 - New Construction. A. Prior to construction of a new FSE or NFD, a building permit shall be obtained from the appropriate jurisdiction. Plan submittals shall include kitchen fixture plan views and kitchen waste plans showing all potential grease discharging lines, all GRSs, and connecting piping. The application shall be routed to the Director or his designee for review and approval prior to connecting new construction to the POTW. B. All new single occupancy Food Service Establishment buildings shall be constructed with properly sized grease removal systems. All kitchen drains and any other drains that may carry grease-laden waste shall be connected to a QRS. A dishwasher shall not be connected to trap-style Grease Removal Systems. If a trap-style QRS is installed, the kitchen may not have a garbage disposal/garbage grinder/macerator or similar unit connected to it. C. All new construction, multiple occupancy, and food service establishment buildings, shall include a separate waste line for all leasable spaces that discharge to a common 2000 gallon or larger interceptor. This waste line shall be permanently marked to identify it as required by the Director. When a space is leased, sold, or rented to a FSE or NFD, all kitchen drains and any other drains that may carry grease-laden waste shall be connected to this waste line, no domestic sewage may be connected to this line. The property owner shall be responsible for proper maintenance of this interceptor in accordance with the provisions of this Chapter. D. All new single occupancy Non-FSE FOG Discharger buildings shall install a properly sized QRS. Interceptor-style GRSs are recommended, but trap-style GRSs are permissible. All kitchen drains and any other drains that may carry grease-laden waste shall be connected to this GRS (except the dishwasher if a trap-style QRS is installed). If a trap-style GRS is installed, the kitchen may not have a garbage disposaUgarbage grinder/macerator or • similar unit installed. E. Any FSE or NFD undertaking a substantial remodel will be considered to be new construction for the purposes of this Chapter. 13.06.033 - Existing Construction. A. Every person owning or operating an FSE without a functional GRS shall be required to install a functional QRS. The tune of GRS required will be determined by the Director, taking into account cost, available space and gradient, and any other pertinent information. Where feasible, all kitchen drains and any other drains that may carry grease -laden waste shall be connected to the GRS. Dishwashers shall not be connected to trap -style Grease Removal Systems. If a trap -style GRS is installed, the kitchen may not have a garbage disposal/garbage grinder/macerator or similar unit installed. B. Any existing NFD without a functional GRS maybe required to install one. The type of GRS required will be determined by the Director, taking into account cost available space and gradient, whether the user is in a grease impact area, and any other pertinent information. Where feasible, all kitchen drains and any other drains that may carry grease -laden waste shall be connected to this GRS (except the dishwasher if a trap -style GRS is installed). If a trap -style QRS is installed, the kitchen may not have a garbage disposal/garbage inder/macerator or similar unit installed. l 3.06.034 - Grease Removal System Maintenance. • A. All grease removal systems shall be maintained to ensure proper operation. At a minimum, interceptor -style GRSs shall be cleaned at least once every ninety (90) days and -30- K - 31 trap -style GRSs cleaned at least once per week. These required frequencies may be extended • with the approval of the Director. Grease Removal Systems must be cleaned wbenever the combined thickness of the floating- g-reases and settled solids is equal to, or greater than, 25% of the total liquid deptb in the QRS. B. When cleaned, an interceptor -style QRS must be completely pumped out, all solids removed solidified g-rease scraped from the interior and the structure and all internal Plumbing- inspected for damage and corrosion. The QRS shall be refilled with water prior to being- placed back into operation. If repairs are required, they shall be performed within seven 7 days. C. When cleaned a trap must have surface g-rease and oil removed, settled solids removed, all sides scraped, removable parts removed and cleaned, be inspected for damage and corrosion, and be properly reassembled. If repairs are required, they shall beperformed within seven (7) days. D. The material that is removed in the process of cleaning- a QRS shall not be discharged back into the GRS, any part of the POTW, any private sewer, any drainage piping-, or storm sewer system. All materials removed shall be handled and disposed of in accordance with Federal, State, County and Local laws, rules and regulations. E. In addition to the maintenance required above, Automatic Grease Removal Systems shall be maintained in accordance with the manufacturers' g-ujdelines. 13.06.035 - Grease Removal System Additives. No additive may be introduced to the plumbing- system that would reduce the effectiveness of the QRS. 13.06.036 - Solids Interceptor. If a garbage disposal/garbage grinder/macerator or • similar unit is installed in a kitchen, it must discharg-e to the QRS through a solids interceptor plumbed immediately after the garbage disposal/garbage grinder/macerator or similar unit. The solids interceptor shall be maintained in proper operating- condition at all times. 13.06.037 -Grease. Removal System Sizing-. Trap -style grease removal systems shall be sized in accordance with the standards in the currently adopted Plumbing Code. 13.06.038 -Flow Controls. All trap -style g-rease removal systems shall have an internal or external flow control installed to ensure that wastewater flow through the trap does not exceed the manufacturer's design flow rating-. This flow control shall be maintained in operating- condition at all times. 13.06.039 - Record Keeping-. Users subject to this Chapter shall document all cleaning- and maintenance activities performed on their QRS. These records shall be maintained for a minimum of three (3) years and be available for inspection and copying- by the Director or his representative. This period shall be automatically extended for the duration of any litigation concerning- the user or the POTW or where the user has been specifically notified of a longer retention period required by the Director. 13 06 040 -Limitations on Wastewater Strength. No user shall introduce or cause to be introduced into the POTW any of the following- discharges unless approved otherwise in writing- by the Director: • -31- K- 32 • A. A standard five (5) day biochemical oxygen demand greater than four hundred (400) milligrams per liter or fifty (50) pounds in any one load, whichever is less. B. Wastes containing more than four hundred (400) milli grams per liter of suspended solids or fifty (50) pounds in any one load, whichever is less. C. A daily average flow of fifty thousand (50,000) gallons or more, or a flow greater than five percent (5%) of the flow carried by the treatment facility receiving the waste, whichever is less. 13.06.041 - National Categorical Pretreatment Standards. The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471, and its successors. are -32- K- 33 incomorated herein by this reference. A. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Director may impose equivalent concentration or mass limits in accordance with Section 13.06.041(D) and (E) (see 40 CFR 4QL6Uc LB. When categorical Pretreatment Standards are expressed in terms of a mass of pollutant that may be discharged per unit of production, the Director may either impose limits based on mass or equivalent effluent concentrations. The User must supply appropriate actual or projected long term production rates for the unit of production specified in order to facilitate this process. (See 40 CFR 403.6(c)(2)). C. The Director may permit wastewater subject to a categorical pretreatment standard to be mixed with other wastewaters prior to treatment. In such cases the User shall identify all categorical wastestreams and provide sufficient information on each non -categorical wastestream to determine whether it should be considered dilute for each pollutant Absent information showing that non -categorical wastestreams contain the pollutant in question at levels above that of the supply water, such wastestreams shall be considered dilute In such situations the Director shall apply the combined wastestream formula as found at 40 CFR 403.6(e) and its successors, to determine appropriate limits. D. When a categorical pretreatment standard is expressed only in terms of pollutant concentrations, an Industrial User may request that the City convert the limits to equivalent mass limits. 1. The City may establish equivalent mass limits if the Industrial User meets all of the conditions set forth below. To be eligible for equivalent mass limits the Industrial User must submit information with its permit application or permit modification request that: a. Shows it has a pretreatment system that has consistently met all applicable Pretreatment Standards and maintained compliance without using dilution. b. Describes the water conserving. practices and technologies_ it employs, or will employ, to substantially reduce water use during the term of its permit. C. Includes the facility's actual average dail_v_flow rate for all waste streams from continuous effluent flow metering. d. Determines an appropriate unit of production and provides the present and long-term average production rates for this unit of production C. Shows that long term average flow and production are representative of current operating conditions. f. Shows that its daily flow rates production levels or pollutant • levels do not vary so much that equivalent mass limits would be inappropriate. -32- K- 33 g. Shows the daily and monthly average pollutant allocations • currently provided based on the proposed unit of production. 2. An Industrial User subject to equivalent mass limits must: a. Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits. b. Continue to record the facility's flow by continuous effluent flow monitoring. C. Continue to record the facility's production rates. d. Notify the Director if production rates are expected to vary by more than 20 percent from the baseline production rates submitted according to paragraph 13.06.041(D)(1)(d). The Director may reassess and revise equivalent limits as necessary to reflect changed conditions. C. Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to section 13.06.041(D)(1)(b) so long as it discharges under an equivalent mass limit. 3. Equivalent mass limits: a. Shall not exceed the product of the actual average daily flow from regulated process(es) of the User and the applicable concentration -based daily maximum and monthly average standards (and the appropriate unit conversion factorl. b. May be reassessed and the permit revised upon notification_ of a revised production rate, as necessary to reflect changed conditions at the facility; and C. May be retained in subsequent permits if the User's production basis and other information submitted in 13.06.041(D)(1) is verified in their reapplication. The User must also be in compliance with Section 13.06.181 regarding the prohibition of bypass. E. The Director may convert the mass limits of the categorical pretreatment standards of 40 CFR Parts 414 (organic chemicals), 419 (petroleum refining), and 455 (pesticide formulating, packaging and repackaging) to concentration limits in permits for such Users. In such cases the Director will document the basis and the determination that dilution is not being substituted for treatment in the permit fact sheet. F. The Director is obliged under federal regulations to make the documentation of how any equivalent limits were derived (concentration to mass limits or vice versa) publicly available. G. Once incorporated into its permit, the User must comply with the equivalent limits in lieu of the Categorical Standards from which they were derived. H. The same production and flow estimates shall be used in calculating equivalent limits for the monthly (or multiple day average) and the maximum day. 1 Users subject to permits with equivalent mass or concentration limits calculated from a production based standard shall notify the Director if production will significantly change. This notification is required within two (2) business days after the User has a reasonable basis to know that production will significantly change jn the next calendar month. Users who fail to notify the Director of such anticipated changes must meet the more stringent of the equivalent limits or the User's prior limits. 13 06 042 -State Pretreatment Standards. The current version of the Washington State pretreatment standards and requirements, located at Chapter 173-216 WAC, and all subsequent amendments to those standards and requirements, are incorporated herein by this reference. All • -33- K- 34 • waste materials discharged from a commercial or industrial operation into the POTW must satisfy the provisions of Chapter 173-216 WAC. The following are required for discharges to a POTW: A. Any person who constructs or modifies or proposes to construct or modify wastewater treatment facilities must first comply with the regulations for submission of plans and reports for construction of wastewater facilities, chapter 173-240 WAC. Until the City is delegated the authority to review and approve such plans under RCW 90.48.110, sources of non-domestic discharges shall request approval for such plans through the Department of Ecology. To ensure conformance with this requirement, proof of the approval of such Plans and one copy of each approved plan shall be provided to the Director before commencing any such construction or modification. B. Users shall apply to the Director for a permit at least sixty (60) days prior to the intended discharge of any pollutants other than domestic wastewater or wastewater that the Director has determined is similar in character and strength to normal domestic wastewater with no potential to adversely affect the POTW. (WAC 173-216-050(l))m C. All Significant Industrial Users must apply for and obtain a permit prior to discharge. D. All users shall apply all known, available, and reasonable methods to prevent and control waste discharges to the waters of the state (AKART). (WAC 173-216-050(3)1. E. Discharge restrictions of Chanter 173-303 WAC (Dangerous Waste) shall apply to all Users. (Prohibited discharge standards have been merged with Federal prohibitions in section 13.06.030). F. Claims of confidentiality shall be submitted according to WAC 173-216-080. • Information which may not be held confidential includes the: Name and address of applicant description of proposal, the proposed receiving water, receiving water quality, and effluent data. Claims shall be reviewed based on the standards of WAC 173-216-080, Chapter 42. 56 RCW Chapter 173-03 WAC, and RCW 43.21A. ] 60. G. Persons applying for a new permit or a permit renewal or modification which allows a new or increased pollutant loading shall publish notice for each application in the format provided by the City. Such notices shall fulfill the requirements of WAC 173-216-090. These requirements include publishing: 1. The name and address of the applicant and facility/activitvto be permitted. 2. A brief description of the activities or operations which result in the discharge. 3. Whether any tentative determination which has been reached with respect to allowing the discharge. 4. The address and phone number of the office of the Director where persons can obtain additional information. 5. The dates of the comment period (which shall be at least thirty (30) calendar days). 6. How and where to submit comments or have any other input into the permitting process, including requesting a public hearing. H. The Director shal require persons applying for a new permit ora permit renewal or modification which allows a new or increased pollutant loading to mail notice to persons who have expressed an interest in being notified, to state agencies and local governments with a . regulatory interest, and shall post the notice on the premises. If the Director determines that -34- K- 35 there is sufficient public interest, the City shall hold a public meeting following the rules of WAC 173-216-100. 1. Permit terms shall include, wherever applicable, the requirement to apply all known, available, and reasonable methods of prevention, control, and treatment. J. All required monitoring data shall be analyzed by a laboratory registered or accredited under the provisions of Chapter 173-50 WAC, except for flow, temperature, settleable solids, conductivity, pH, turbidity, and internal process control parameters. However, if the laboratory analyzing samples for conductivity, pH, and Turbidity must otherwise be accredited it shall be accredited for these parameters as well. 13.06.043 - Right of Revision. The City reserves the right to amend this Chapter to provide formore stringent limitations orrequirements on discharges to the POTW where deemed necessary to comply with the objectives set forth in Section 13.06.010 of this Chapter. 13.06.044 - Dilution. No user shall increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limit, unless expressly authorized by an applicable pretreatment standard or requirement. The Director may impose mass limitations on users where deemed appropriate to safeguard against the use of dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. 13.06.045 - Local Limits. A. The City has established local limits pursuant to 40 CFR 403.5(c). These limitations are "pretreatment standards" and are enforceable in wastewater discharge permits. The pollutant limits are established to protect against pass through and interference and reflect the application of reasonable treatment technologv. No person shall dis_c_haree wastewater in excess of the following local limits. Pollutant Local Limit LM/U Arsenic 0.21 Arsenic i 0.98 Cadmium 0.14 Chromium 42.2 Loper 2.43 Cyanide 0.50 Lead 1.09 Mercer 0.09 Molybdenum 0.17 -35- K - 36 • • • Nickel 1.38 Selenium 0.86 Silver 0.85 Zinc 2.38 B. The limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for total metal unless indicated otherwise. The Director may impose mass limits in addition to a concentration based limits. C. Users discharging BOD or TSS in excess of the concentration limits by more than the threshold amount identified in section 13.06.040, must apply for a permit. The permit will specify a maximum concentration that may not be exceeded. Such Users shall be subject to surcharges up to the maximum loading limit established by hermit. D. Users shall be subject to "instantaneous limits" (as determined by a grab sample) of equal to twice the "local limit concentration for any pollutant for which a composite sample is required in a permit. This provision is inapplicable to Users without permits, or without the ermit requirement to collect a composite sample for the analyte in question. E. The Director shall use the individual permit process to establish ceiling limits for compatible pollutants and appropriate discharge limits for all other pollutants not listed, including pollutants subject to regulation under RCRA, volatile or semi -volatile arganics, halogenated or brominated compounds, poly -aromatic hydrocarbons. polymers, surfactants esticide active jnQredients, etc. F. The Director may establish and require Best Management Practices for any category ofUser or type of industrial process which creates a non-domestic waste stream. Such requirements may be applied either - in lieu of or _in addition to the local limits of section 13.06.045. BMPs may also include alternative limits which may be applied at the end of a ,specific process or treatment step instead of at the combined effluent, T 13.06.050 - Accidental Discharge./Slug Discharge Control Plans. The Director may require any User to develop and implement an accidental discharge/slug discharge control Man and take other actions the Director determines are necessary to control discharges that maybe caused by spills or periodic non -routine activities. Accidental discharge/slug discharge control plans shall include at least the following: A. A description of all discharge practices,... including any non -routine batch discharges such as from cleaning, re lenishment or dis oral' _ B. A description of all stored chemicals, disclosing all ingredients in formulations which could violate a discharge prohibition if discharged to the sewer; C. The procedures for immediately notifying the Director of any accidental or slug discharge, as required by Section 13.06. l OO(F) of this Chapter; and D. The procedures that will be taken to prevent the occurrence or adverse impact from 'any accidental or slug discharge. Such procedures shall address the inspection and maintenance of storage areas, handling and transfer of materials, loading and unloadin operations, control of plant site -runoff, worker training, building of containment .structures or equipment, measures for containing toxic organic pollutants (including solvents}, and/or measures and equipment for emergency response. -36- K -3i 13.06.051 - mauled Wastewater. A. Residential wastes meeting the definition of"sotage" maybe introduced_ into the POTW at locations desipated by the Director, and at such times as are established by the Director. The hauler of such wastes shall be responsible for ensuring such wastes comply with all discharge prohibitions (Section 13.06.030 of this Chanter) and other applicable reuuirements of the City. The Director shall require septic tank waste haulers to obtain septic hauler discharge permits and provide a manifest at the time of discharge identifying the customer name, address and volume from each residence, S. The Director shall require the hauler, and may also require the generator, of non-domestic waste (including FOG) to obtain a discharge permit. Any disposal of other hauled industrial waste must be first approved by the Director as required by Section .13.06.080. 13.06.060 - Pretreatment Facilities. Users shall provide wastewater treatment as necessary to comply with this Chapter and shall achieve compliance with all categorical pretreatment standards, local limits, andthe prohibitions set out in Section 13.06.030 of this Chanter within the time limitations specified by EPA, the State, or the Director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense, and satisfy state requirements for review and approval ofPlans for Wastewater Facilities as described in section 13.06.042. Such plans (Engineering Report, Plans and Specifications, and Operation and Maintenance Manuals) shall be submitted as required by Chapter 173-240 WAC, and its successors, to Department of Ecology for review. Users shall obtain approval, and provide proof of Department of Ecology approval to the City, prior to construction. The review of such pians and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessarL to produce a discharge acceptable to the City under the provisions of this Chapter. 13.06.061 - Additional Pretreatment Measures. A. The Director may halt or prevent any discharge of pollutants to the POTW that reasonably appear to present an imminent endangerment to the health or welfare of persons. In such cases, the Director will provide the User advance notice if possible, but shall not delay a response to imminent endangerment. B. The Director may halt or prevent any discharge to the POTW that presents or may resent an endangerment to the environment or which threatens to interfere with the operation of the POTW (including the collection system and pump stations]. In such cases, the Director shall attempt to provide not only notice to the affected Userl s), but the opportunity to respond. T C. The Director may require Users to reduce or curtail certain discharges to the sewer, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and take all other measures to protect the POTW and determine the user's compliance with the requirements of this Chapter. D. The Director, based on the determination that such devices are necessary for implementation of pretreatment requirements, may require any User to install and maintain: on their property and at their expense the following devices: 1. A sample taking facility accessible to the Director. 2 A suitable storage and/or flow equalization_ tank. 3. Grease, oil, and/or grit interceptors. -37- K- 38 • 4. An approved combustible gas detection meter. S. Users installing any of the above devices shall ensure they are of the type and capacity approved by the Director, meet applicable building and plumbing codes, and conform to any separate requirements established by the City. Users shall locate units in areas easily accessible for cleaning and inspection by representatives of the Director. Users shall be responsible for all periodic inspection, cleaning, and repair of such devices. -38- K - 39 13.06.080 - Wastewater Discharge Permits. A. Industrial User Surveys. To satisfy this requirement, all non-domestic Users of the POTW must periodically complete an Industrial User Survey form. Users shall fully disclose the information requested and sign the completed form in accordance with section 13.06.080(B). Proper completion of survey requirements is a condition of initial and continued discharge to the POTW. Users failing to fully comply with survey requirements within thirty (30) days shall be subject to all enforcement measures authorized under this Chanter including termination of service. The Director is authorized to prepare several forms for this purpose and to require completion ofthe particular form which the Director determines appropriate to provide the information needed to categorize each User. The Director is authorized to categorize each User, provide written notice of a User's categorization and what it means, and revise this categorization at any time. B. Application Signatories and Certifications. 1. All survey forms, wastewater discharge permit applications, and User reports must be signed by an authorized representative of the User and contain the certification • statement in Section 13.06.100(L). 2. Users shall submit a new authorization if the designation of an authorized representative is no longer accurate. This includes when a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company. The User must submit the new authorization prior to or with any reports to be signed by the new authorized representative. C. Wastewater Discharge Permit Requirement. 1. No User categorized by the Director as a Significant Industrial User shall discharge wastewater into the POTW without first (1) filing an appropriate Application with the Department of Ecology (DOE) and (2) obtaining an individual wastewater discharge permit from DOE. A Significant Industrial User that has filed a timely application pursuant to Section 3.06.080(D) of this Chapter may continue to discharge unless and until notified otherwise by -1 DOE or the City. 2. The Director shall require all Minor Industrial Users to obtain wastewater discharge permits. 3. Occasional Users are persons who do not normally discharge to the City POTW, but from time -to -time have a need to discharge hauled waste Occasional Users are required to obtain a Discharge Authorization from _the Director. Discharge Authorization applications and decisions shall be accomplished in _accordance with Sections 13.06.080(F) through 13.06.080(H) of this Chapter. 4. Other Users shall implement Best Management Practices as necessary to • carry out the purposes of this Chanter. For example, a wastewater discharge permit may be required solely for flow equalization or grease control. -38- K - 39 5. Any failure to complete the required survey form, to apply for and obtain is required permit, or to comply with the terms and conditions of a wastewater discharge permit shall be deemed violations of this chapter and subject the wastewater discharge permittee to the sanctions set out in Sections 13.06.150 through 13.06.170 of this Chapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law. D. Wastewater Discharge Permitting: Existing Connections. Any User required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this Chapter and who wishes to continue such discharge_ s shall, within thirty (30) days after the effective date, apply to the Director for a wastewater discharge permit in accordance with Section 13.06.080(.F) of this Chapter, and shall not cause or allow discharges to the POTW to continue longer than sixty (60) days after the effective date of this Chapter except in accordance with a wastewater discharge permit issued by the Director. E. Wastewater Discharge Permitting: New Connections. Persons wishing to establish a new discharge of non-domestic wastewater to the POTW must first complete a survey form. Any User identified by the Director through the survey as needing a permit must file a permit application. Applications for wastewater discharge permits, in accordance with Section 13.06.080(F) of this Chapter, must be filed at least ninety (90) days prior to the desired date of discharge, and the discharge permit obtained prior to commencing discharge. F. Wastewater Discharge Permit Application Contents. 1. All Users required to obtain a wastewater discharge permit must apply .using the form provided by the Director. Users must supply the Director the following information as part of the permit application if relevant to the Users operation. a. Identifying information. i. The name and physical address of the facility, the names • of the operator/facility manager and owner, and the name and address of the point of contact; ii. A description of activities, facilities, and plant production Processes on the premises. b. A list of any environmental control permits held by or for the facili C. A description of operations and facilities including: i. A brief description of the operations, average rate of production, and industrial classification (SIC or NAICS codes) of the operation(s) conducted on site. ii. The number and type of employees, and proposed or actual hours of operation. iii. The type, amount, rate of production, and process used for each product produced. iv. The type and amount of raw materials used (average and maximum rated. V. The raw materials and chemicals to be routinely stored at the facility (including products in rail cars and tank trucks located on site). vi. The types of wastes generated on a routine and periodic basis. vii. The times and durations when wastes will be discharged. • -39- K - 40 • viii. A schematic process diagram showing each process step, waste stream, treatment step, internal recycle, and point of discharge to the PO.TW. This diagEarn should identify which streams are subject to categorical standards. ix. Site plans, floorplans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge. X. The sampling locations and provisions for monitoring dischar ems. xi. Whether plans for wastewater facilities under Chapter 173-240 WAC have been developed, and their approval status (Engineering Report, Plans and Specifications, and an Operations and Maintenance Manual). d. Flow data. The average daily and maximum daily flow, in gallons per day, to the POTW from each waste stream. Information shall be complete enough to allow use of the combined waste stream formula per Section 13.06.041(C)(and 40 CFR 403.6(e)) where applicable. e. Pollutant data. i. The categorical pretreatment standards applicable to each regulated process. ii. The results of sampling and analysis identifying the nature and concentration, and mass where required by the standard or the Director), of regulated pollutants in the discharge from each regulated process. jjj. The estimated peak instantaneous, daily maximum, and • long-term average discharge concentrations (and mass) based on the sampling results. f. Sampling data to show samples are, i. Representative of daily operations. ii. Taken just downstream from pretreatment facilities if such exist, or just downstream of the regulated process(es) if no pretreatment exists. iii. Collected as required by Section 13.06.111 of this Chapter. iv. Analyzed according to Section 13.06.110 of this Chapter. g. Information confirming BMPs. Where standards specify a BMP or pollution prevention alternative, the User must include the information sufficient to document that the BMPs or the applicable standards are (or will be) implemented. h. Any request for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge must include new sampling showing continued absence of the pollutant in the raw wastewater and satisfying Section 13.06.100(D). i. Any other information deemed necessary by the Director to evaluate the situation and prepare a discharge permit. 2. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. The City shall be held harmless for delays caused by returned applications. • -40- K - 41 G. Wastewater Discharge Permit Decisions. The Director will evaluate the data • furnished by the User and may require additional information. Within forty-five (45) days of receipt of a complete permit application, the Director will determine whether to issue an individual wastewater discharge permit. The Director may deny any application for an individual wastewater discharge permit, if he or she determines that the discharge does not meet applicable pretreatment standards and requirements or when the discharge would cause the POTW to violate the NPDES permit. H. Wastewater Discharge Permit Duration. The Director may issue a wastewater discharge permit for a period of up to five (5) years from its effective date. Each wastewater discharge permit will indicate its expiration date. I. Wastewater Discharge Permit Contents. Wastewater discharge permits will include conditions the Director deems reasonably necessary to carry out the goals of the pretreatment program (Section 13.06.010), federal and state regulations, and the requirements of this Chapter. 1. Wastewater discharge permits will contain: a. The permit issuance date, expiration date, and effective date. b. A statement that the wastewater discharge permit is nontransferable except in accordance with Section 13.06.080(L) of this Chapter, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit. C. Effluent limits, including Best Management Practices, based on applicable pretreatment standards and requirements to apply AKART. (See Section 13.06.042(1)). d. The pollutants to be monitored and specific monitoring • requirements. This includes the sampling location(s), sampling frequencies, and sample types consistent with Federal, State, and local law. (See Section 13.06.0420). e. Requirements to submit certain reports (as reflected in section 13.06.100), provide various notifications, keep records, and implement Best Management Practices. f. The process to be used to request a waiver from monitoring for a pollutant neither present nor expected to be present in the Discharge in accordance with Section 13.06.100(D)(2), or a specific waived pollutant in the case of an individual permit. g. A statement of applicable civil and criminal penalties forviolation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal State, or local law. h. Requirements to control slug discharges, including to develop, update, and implement slug discharge control plans in accordance with Section 13.06.050 where the Director determines such plans are important to preventinE accidental, unanticipated, or non -routine discharges. i. Any monitoring which has been conditionally waived by the Director according to Section 13.06.100(D) (2) but which automatically applies at any time the requirements of the conditional waiver are not met. I . Reapplication requirements. 2. Wastewater discharge permits may contain, but need not be limited to, the following conditions: • -41- K-42 -42- K-43 a. Pretreatment facilities and measures required by Section 13.06.061 of this Chapter. b. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization. C. Requirements to install pretreatment technology, pollution controls, or to construct appropriate containment devices to reduce, eliminate, or prevent the introduction of pollutants into the treatment works, ground, or stormwater. d. Requirements to develop and implement of waste minimization plans to reduce the amount of pollutants discharged to the POTW. e. Requirements to pay charges or fees for discharge to the POTW including high strength char_egs. f. Requirements to install and maintain inspection and sampling facilities and equipment, including flow measurement devices. g. Notice that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal_ and State retreatment standards, including those which become effective during the term of the wastewater discharge permit. h. Other conditions as deemed appropriate by the Director to ensure compliance with this Chanter, and State and Federal laws, rules, and regulations. I Permit issuance Process. 1. Public Notice. Users shall follow the procedures for public notice found in Section 13.06.042(G) and (H). The Director shall consider and respond to public input as appropriate prior to issuance of a permit. _ 2 Permit Appeals. The Director shall provide public notice of the issuance of a wastewater discharge permit. The notice will be published in a newspaper of general circulation that provides meaningful public notice within the jurisdictions serviced by the POTW. Any, person, including the User, may petition the Director to reconsider the terms of a wastewater discharge permit within thirty_(30) days of notice of its issuance. a. Failure to submit a timely petition for review shall be deemed to be a waiver of the adrninistrative appeal. b. In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, with rationale to support alternative conditions, if any, it seeks to place in the wastewater discharge permit. C. The effectiveness of the _wastewater discharge permit shall not be sta appending the appeal. �d. If the Director fails to act within thirty (30) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review. e. Aggrieved parties seeking judicial review of the final administrative wastewater dischar _ e permit decision must do so by filing a complaint with Superior Court of Clallam County within thirty (30] days. K. Wastewater Discharge Permit Modification. 1. The Director may modify a wastewater discharge permit for cause, _good including, but not limited to, the following reasons: -42- K-43 a. To Inco orate any new or revised Federal State or local pretreatment standards or requirements including new or revised local limits. _ b. To address new or changed operations, Processes, production rates waste streams, or changes in water volume or character. c. To reflect conditions at the POTW reguiring an authorized discharge to be reduced or curtailed. Such requirements maybe either temporary or permanent d. Based on information indicating that a permitted discharge poses a threat to the POTW or staff, the receivia waters, or to violate a prohibition of this Chapter. e. To address violations of any terms or conditions ofthe wastewater _ discharge permit. _ f_ To address misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required re ort. 9. To incorporate revisions based on a variance from categorical pretreatment standards approved pursuant to 40 CFR. 403.13. h. To correct Wogaphical or other errors in the wastewater discharge Permit. i. To reflect a transfer of the facility ownership or operation to anew owner or operator as required under Section 13.06.080(Ll. L. Wastewater Discharge Permit Transfer. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least thirty (301 days advance notice to the Director and the Director approves the wastewater discharge permit transfer, Failure to provide advance notice of a transfer renders the wastewater dischm"C ennit void as of the date of facility transfer. The notice to the Director must include a written certification by the new owner or operator which: 1. States that the new owner and/or operator will not change the facility's operations and processes unless in compliance with this Chapter. 2 Identifies the specific date on which the transfer is to occur. 3. Acknowledges full responsibility for complying with the ex_istin wastewater discharge permit. M. WastewaterDisc�ermit Revocation. The Director mayrevoke a wastewater discharge permit for good cause, including, but not limited to, instances when a User has: 1. Failed to notify the Director of significant changes to the wastewater prior to the changed discharge. 2. Failed to provide prior notification to the Director of changed conditions pursuant to Section 13.06.10(1(E) of this Chapter. 3. Misrepresented or failed to fully disclose all relevant facts in the wastewater discharge permit application. 4, Falsified selfmonitoring reports or tampered with monitoring equipment. 5. Refused to allow the Director timely access to_the facility premises and records. 6. Failed to meet effluent limitations or permit conditions. 7. Failed to pay applicable fines or sewer charges. & Failed to meet compliance schedule deadline dates. 9. Failed to complete a wastewater survey or wastewater discharge permit application. -43- K - 44 10. Failed to provide advance notice of the transfer of business ownership. 11. Violated any Pretreatment standard or requirement, or any terms of the wastewater discharge permit or this Chanter. 12. Ceased operations. 13. Transferred business ownership. 14. Wastewater discharge permits issued to a user are void non the issuance of a new wastewater discharge permit to that user. N. Wastewater Dische Permit Reissuance. User with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 13.06.080(F) of this Chapter, a minimum of ninety f90) days prior to the expiration of the User's existing wastewater discharge O. _ Regulation of Waste Received from Other Jurisdictions. 1. Prior to accenting wastewater for treatment from another municipality, or from a User located outside the municipal comorate boundaries of the City, the City shall enter into an inter -municipal_ agreement with the contributing municipality (County, Special Purpose District, or other government entity recognized under State Law). Such agreement shall affix responsibilities in an enforceable manner to ensure that the pretreatment program is fully and equitably administered in all contributing jurisdictions. Any -such agreement or modification to such an agreement shall be reviewed by the City's legal counsel and shall be submitted. together with the opinion that it is legally sufficient, to the Approval Authority_ (DPartment of Ecology) and processed as a minor program modification. 2. Prior to entering into an agreement required by paragraph I above. the Director shall request the following information from the contributing municipality: a. A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality, b. An inventory of all users located within the contributing munici ality that are discharging to the POTW; and C. Such other information as the Director may deem necessary. 3. An interlocal agreement, as required by paragraph 1, above, shall contain the following provisions: a. Requirements for contributing municipalities to adopt a sewer use Chapter that establishes Pretreatment Standards and Requirements as stringent as in this Chanter. The Chapter provisions and limits shall be revised to conform within nine (9) months to any future revisions of the City's Chapter. b. Requirements for the contributing municipal ity.to submit a revised User inventory on at least an annual basis, and reinforce requirements to obtain a permit prior to discharge. C. A clear division of responsibilities for implementing each retreatment related activity under this Chanter or in the City's National Pollutant Discharge Elimination System (NPDES) permit. Such tasks include reinforcing prohibitions locating Users, issuing wastewater discharge permits, conducting inspections sampling evaluating compliance, initiating enforcement, and reporting compliance. Any activities that will be conducted jointly by the contributing municipality and the Director must also be identified. -44- K-45 d. Requirements for the contributing municipality to provide the Director access to all information that the contributing municipality obtains as part of its pretreatment activities, C. - The nature, quality (e.g. conventional and toxic pollutant concentrations), and volume (peak and average flow rates) the contributing municipality is allowed to discharge to the City. How and where compliance will be measured, how fees for service and surcharges will be established, and how additional loading capacity, if needed, will be negotiated. - f, Provisions ensuring that the Director may enter and inspectUsers' facilities located within the contributing municipality's jurisdictional boundaries to confirm that the pretreatment program is being properly administered and that Users are properly categorized etc. 9. Provisions for addressing anv breach of the terms of the inter -municipal agreement. 13.06. 100 - Retorting Requirements. A. Baseline Monitoring Reports. When a Categorical Standard for an industry category is published, Users that perform that process are sulbject to the Categorical Standard and Users that either currently discharge or are scheduled to discharge- wastewater from the process to the POTW, must submit a "baseline monitoring report" to the Director. This report must contain the information listed in the paragraph below. The report is due within one hundred ei r ty ( 180) days after the effective date of a Categorical Standard, unless the final administrative decision on a category determination comes later. Users that wish to begin discharging -wastewater to the PQTW from operations subject to Categorical Standards after BPA has published the standards {called New Sources), shall also submit a "baseline monitoring report" to the Director containing the information listed in paragraph below. However, for New Sources, the report must be provided at least ninety (90) dans before desiring to discharge. 1Vew Sources shall describe the method of pretreatment then intend to use to meet applicable Categorical Standards. Because monitoring data will not be available for proposed facilities, New Sources instead m_ ust provide estimates of the anticipated flow rates and quantity of pollutants to be discharged. The Baseline Monitoring Report shall include the foliow,ing information: 1. All information required in Section 13.06.080(F)(1)(a) through 13.06.080(FN 1)(gl. ? Additional Conditions for Existing Sources Measuring pollutants: a. Users shall take a minimum of one representative sample to compile the data for the Baseline Monitoring Report. b. Users shall take samples immediately downstream from retreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If the user mixes other wastewaters with the rMulated wastewater prior to pretreatment, the User must provide the flows and concentrations necessary to apply the combined wastestream formula of Section 13.06.041(C) and 40 CFR 403.6(e }. Where the User wants an alternate concentration or mass limit, and it is allowed by federal rules at 40 CFR 403.6(e), the User shall propose the adjusted limit and provide supporting data to the City. c. Sampling and analysis shall he performed in accordance with Section 13.06.110 (Analytical Requirements), and Section ]3.(16.111 {Sample Collection}. -45- K-46 • d. The Director may allow the report to use only historical data if the data is good enough to allow the evaluation of whether (and which) industrial pretreatment measures are needed. e. The baseline report shall indicate the time, date, place of sampling and methods of analysis. The User shall certify that the sampling and analysis presented is representative of normal work cycles and expected pollutant discharges to the POTW. 3. Compliance Certification. The User shall furnish to the Director, upon request, a statement, reviewed by the User's Authorized Representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment steps are required to meet the pretreatment standards and requirements. A qualified professional could be someone that has comprehensive experience and training with the equipment, manufacturers representative, or a professional engineer. 4. Compliance Schedule. While New Sources must install the treatment required to meet the Pretreatment standards prior to operation, Existing Sources may be granted a compliance schedule where they must provide additional pretreatment and/or O&M to meet the pretreatment standards. In such cases, the User shall propose the shortest schedule by which they can provide the additional pretreatment and/or O&M. The completion date which the User proposes in this schedule may not be later than the compliance date established for the applicable pretreatment standard. Any compliance schedule authorized pursuant to this section must also meet the requirements set out in Section 13.06.100(B) of this Chapter. 5. Signature and Report Certification. All baseline monitoring reports must be certified in accordance with Section 13.06. 100 (L) of this Chapter and signed by an authorized • representative as defined by Section 13.06.01 l (El. B. Compliance Schedule Progress Reports. The following shall apply _conditions to compliance schedules proposed by operators of Existing Sources according to Section 13.06.100(A)(4) of this Chapter and incorporated into permits: 1. The schedule shall establish dates for the commencement and completion ofmaior events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include but are not limited to hiring an engineer, completing_preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine o eration 2. No increment referred to above shall exceed nine (9) months; 3. The User shall submit a progress report to the Director no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule, and 4. In no event shall more than nine (9) months elapse between such progress reports to the Director. C. Reports on Compliance with Categorical Pretreatment Standard Deadline. Both Existing Sources and New Sources must submit a report on whether compliance has been initially achieved. For Existing Sources, the report is due ninety (90) days after the date • applicable categorical standards give as the final compliance date. For a new source, the report is due ninety (90) days after starting to discharge to the POTW. In both cases, the report must -46- K - 47 contain the information described in Sections 13.06.080.(F) (1)(c) through 13.06.080.(F)(1)(f). • For existing sources, it must also contain the compliance certification of 13.06. 1 00.(A) (3) and, if needed, the compliance schedule described in 13.06.100(A)(4). Users subject to equivalent mass or concentration limits, as allowed by Section 13.06.041, must include a reasonable measure of their long-term production rate. Other Users subject to standards based on a unit of production (or other measure of operation) must include their actual production during the sampling period. All compliance reports must be signed and certified_ in accordance with Section 13.06.100(L)(1) of this Chapter. D. Periodic Compliance Reports. 1. Significant Industrial Users (SIUs), must: a. Report at least twice a year, in June and December, unless other months are specified. b. Report the flows and concentrations of regulated pollutants in all discharges subject to pretreatment standards. C. Report average and maximum daily flows for the reporting period and identify where flow estimates are used. d. Include the documentation needed to show compliance with applicable BMPs, pollution prevention alternatives, maintenance, treatment, or record keeping requirements. 2. The Director may authorize a Categorical Industrial User (CTU) to forego sampling of a pollutant regulated by a Categorical Standard when it is not present in raw wastewater provided: a. The CN submits a request for the waiver with their permit • application or reapplication (see Section 13.06.080(F)(1)(h)). b. The CTU analyzes a sample (or samples) representative of all wastewater from all processes before any treatment and includes all results with the request. C. The CIU demonstrates through source water and untreated process water sample results that the pollutant never exceeds intake water levels. (Pollutants simply reduced by treatment to background levels are ineligible for the waiver.) d The CLU shows where non-detectable sample results are returned in (2) or (3) that they used the method from 40 CFR Part 136 with the lowest detection level. C. The Duly Authorized Representative of the CTU signs the request using the certification statement of Section 13.06.100(L)(1). f The CIU includes in routine monitoring reports, the statement in Section 13.06.100(L)(2), certifying that there has been no increase in the pollutant in its waste stream due to activities of the User. g. The CIU reports and immediately resumes the monitoring which would otherwise have been required upon discovering that a waived pollutant is present or expected to be present based on changes to the User's operations. The Director will document the reasons su forting the waiver in the Permit Fact Sheet and keep any information submitted by the User and the fact sheet for three (3) years after the waiver expires. Monitoring waivers are valid after being incorporated in a User's permit. The waiver is in effect while the Permit is effective un to five (5) years. The Director may cancel a monitoring waiver at any time for any good reason. • -47- K-48 3. The Director may reduce the minimum periodic compliance reporting frequency for CTU's from twice a year (Section 13.06. l 00(D)(1)) to once a year where the CTU: a. Discharges wastewater subject to categorical standards at a rate less than one gallon per every 10,000 gallons of POTW design maximum monthly average flow capacity (per the fCityl NPDES permit). The CIU must measure its discharge using a continuous (or totalizing) effluent flow meter. Ifthe CTU discharges in batches, the Director will determine eligibility by dividing total flows in all batches which contain any proportion subject to categorical regulation by the number of days the CIU is in full operation in a given calendar month. — b. Discharges less than 5,000 gallons of wastewater subject to categorical standards on the maximum day (including for batch dischargers]. C. Discharges categorical wastewater with less than one pound of BOD per each 10,000 pounds of POTW loading capacity. POTW loading capacity is the design maximum monthly average BOD loading capacity per the City's NPDES permit or if not included in the permit, in approved City plans]. d. Discharges less than 0.01 percent of the maximum allowable headworks loading for any pollutant regulated by both an applicable Categorical Standard and a local limit in Section 13.06.045 of this Cha ter. C. Has not been in Significant Non -Compliance as defined in this Chapter during the prior two veers. f: Has daily flow rates, production levels. or pollutant levels that are consistent enough the Director_ believes will allow representative data at the decreasing reporting - interval. 4. Users must sign and certify all periodic compliance reports in accordance with Section 13.06.100(L)(1) of this Cha ter. 5. Users must take wastewater samples that are representative of their range of discharge conditions and of any discharge not disclosed in their permit application. Users must properly operate, clean, and maintain sampling and flow metering facilities and devices and ensure they function properly. The Director shall not allow User claims that sampling results are unrepresentative due to a User's failure to meet this requirement. 6. Users subject to the reporting requirements in this section must report any additional monitoring which might determine compliance with permit requirements. This includes env additional monitoring of regulated pollutant at their respective effluent monitoring locations using procedures prescribed in Section 13.06.100(k ) of this Chapter. Tn such cases, the results of this monitoring shall be included in periodic monitoring reports. 7. Users that send electronic (digitaf) documents to the City to satisfy the requirements of this section must meet all state and federal electronic signature requirements: Electronic data shall be in the format required by the Director. The Director may also require reporting both digital and traditional format. E. Reports of Changed Conditions. Each User must notify the Director of any significant changes to the User's operations or system that might alter the nature, quality, or volume of its wastewater. This notification must be made at least thirty (30) days before the change. In such cases: 1. The Director may require the User to submit information as needed to evaluate the changed condition. The Director may also require a new or revised wastewater discharge permit application under Section 13.06.080(E) of this Chapter, and or -48- K-49 _ 2. The Directormay issue, reissue, or modify a wastewater discharge permit applying the procedures of Section 13,06.080(3} of this Chapter in response to a User's notice under this section. F. Reports of Potential Problems. 1. Any User that has any unusual discharge that could cause problems to the PDTW must immediately notify the Director by telephone of the incident. Problems to the PQTW that require rcporting under this section include violating pretreatment prohibitions treatment standards, or ether requirements of Section 13.06,040 of this Chapter such as vapor toxicity and explosivity limits. Such discharges may include spills slug loads accidental discharges, or other discharges of a non -routine, episodic nature. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the User to control and curtail the discharge. 2 Within .five (5) calendar days following such discharge the User shall submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the User to prevent similar future occurrences. Such notification shall not 'relieve the User of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property: nor shall such notification relieve the User of an finesmp , penalties, or other liability which may be iosed pursuant to this_Chapter. 3. Regardless of whether the User has been required to submit a Slm Discharge Control Plan (per Section 13.06.050}t all Users shall post notice in a prominent location advising emplEces who to call at the PCTW to inform the Director of a potential problem discharge (1.3.06.1 QQ(F)(1 ) 1. Users shall ensure that all employees who may cause or witness such a discharge are advised of the emergency notification procedures. 4. All Users must immediately notify the Director of any changes at their 0 facility that might increase their potential for a slug discharge. This includes increasing the volume of materials stored or located on site which, if discharged to the POTW,would cause problems. Users required to prepare a Slug Discharge Control Plan under Section 13.06.050 shall also modify their plans_to 'include the new conditions prior to, or immediately after, making such changes. G. Reports from Unpermitted Users. All Users not required to obtain a wastewater discharge permit or general permit shall provide appropriate reports to the Director as the Director may require. This includes peridic oally completing and signing Industrial Questionnaire Disclosure Forms. H. Notice of Violation/Repeat Sampling and Reporting. if sa'mpli'ng performed by a User indicates a violation, the User must notifythe Director within twenty-four (24) hours of becoming aware of the violation. The User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within thirty (30) days after becoming aware of the violation. The Director may waive the repeat sampling requirement where the City has sampled the effluent for the pollutant in question prior to the User_ obtaining samplin results. 1. Notification of the Discharge of Hazardous Waste. 1. Any User who discharges any substance which, if otherwise disposed of would be a hazardous waste under 40 CFR part 261 or Chapter 173-303 WAC must also com lv with the following requirements: -49- K- 50 • a. Notify the Director, the EPA Regional Waste Management Division Director, and Washington State Hazardous Waste & Toxics Reduction Personnel, in writing, of the discharge. Maintain a cony of this notification and include it in all subsequent permit applications or re -applications under this Chapter. b. Include the following information in the notification: i. The name of the hazardous waste as found in 40 CFR Part 261, ii. The EPA hazardous waste number, iii. The We of discharge (continuous, batch, or other). C. If the discharge totals more than 220 pounds in any month, also rovide: i. The hazardous constituents contained in the wastes, ii. An estimate of the mass and concentration of hazardous constituents in the wastestream discharged during that calendar month, and iii. An estimate of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. d. This notice shall be repeated for new or increased discharges of substances subject to this reporting requirement. e. All notifications must take place prior to discharging a substance for which these reporting requirements apply. If this is not possible, the notice must be provided as soon after discharge as practical and describe why prior notice was not possible. f Users must provide notifications under this paragraph only once to EPA and the State for each hazardous waste discharged. However, all of the information of • these notices shall be repeated in each new permit application submitted under this Chapter. 9. This requirement does not relieve the User from requirements to provide other notifications, such as of changed conditions under Section 13.06.100(E) of this Chapter, or applicable permit conditions, permit application requirements, and prohibitions. h. The notification requirements in this section do not apply to pollutants for which routine monitoring and reporting is required in a permit under this Chapter. 2. Users must report all discharges of more than thirty-three (33) pounds in a thirty (30) day period of substances which, if otherwise disposed of, would be hazardous wastes. Users must also report any discharge of acutely hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), and their successors. Subsequent months during which the User discharges more of a hazardous waste for which notice has already been provided do not require another notification to EPA or the State, but must be reported to the Director. 3. If new regulations under RCRA describe additional hazardous characteristics or substances as a hazardous waste the User must provide notifications as described by 13.06.100 within ninety (90) days of the effective date of such regulations. 4. For any notification made under this section, the User shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the deglee it has determined to be economically practical and shall describe that program and reductions obtained through its implementation. 5. This provision does not create a right to discharge any substance not • otherwise permitted to be discharged by this Chapter_, a_ permit issued thereunder, or any applicable Federal or State law. -50- K - 51 J. Date of Receipt of Reports. The Director will credit written reports as having • been submitted on the date of the postmark when mailed through the United States Postal Service. Reports delivered in anv other manner will be credited as having been submitted on the business day received. K. Record Keeping. Users subject to reporting requirements of this Chapter shall retain the below records for all monitoring required by this chapter and for anv additional monitoring which could be used to satisfy minimum monitoring requirements. Users must make these records available for inspection and copying at the location of the discharge. Users must similarly maintain documentation associated with -any Best Management Practices required under authority of Section 13.06.045. Monitoring records shall include at least: 1. The time, date, and place of sampling. 2. The sampling and preservation methods used. 3. The person taking the sample and persons with control of the sample prior to analysis. 4. The person performing the analyses and the date the analysis was completed. 5. The analytical techniques or methods used. 6. The results of analysis. 7. Users shall retain quality control and quality assurance information provided by the laboratory and submit this information in routine reporting. This information also has value in the event that the sample data is called into question. For analytes for which Washington State requires use of a certified/accredited laboratory, Users must maintain the scope of accreditation for laboratories performing any analyses for them_. • 8. Users shall maintain the above records for at least four (4) years, after permit expiration, or until anv litigation concerning the User or the City is complete, or for longer periods when the user has been specifically notified of a longer retention period by the Director. L. Certification Statements. 1. The following certification statement must be signed by an authorized representative as defined by Section 13.06.011 and included when submitting: a. A permit (re -)application in accordant_ e with Section 13.06.080(Fl: b. A baseline monitoring report under Section 13.06.100(A)- c. A report on compliance with the categorical pretreatment standard deadlines under Section 13.06.100(0): d. Aperiodic compliance report required bySection 13.06.100(D)(1- 4); or e. An initial request to forego sampling of a pollutantbased on Section 13.06.100(D)(2)(e). "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are • -51- K - 52 • significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." 2. Certification of Pollutants Not Present. Users that have an approved monitoring waiver based on Section 13.06.100(D)(2) must also include the following certification statement in each report. This statement certifies that there has been no increase in the pollutant in its wastestream due to activities of the user: "Based on my inquiry of the person or persons directly_ responsible for managing compliance with the Pretreatment Standard for 40 CFR (specify applicable National Pretreatment Standard part(s)l, I certify that, to the best of my knowledge_and belief, there has been no increase in the level of [list pollutant(s)Lin the wastewaters due to the activities at the facility since filing of the last periodic report under Section 13.06.100." -52- K- 53 13.06.110 - Analytical Requirements. All pollutant sampling and analyses required under this Chapter shall conform to the most current version of 40 CFR Part 136 unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for a pollutant, or the Director determines that the Part 136 sampling and analytical techniques are inconsistent with the goal of the sampling, the Director may specify an analytical method. if neither case applies. Users shall use validated analytical methods or applicable sampling and analytical procedures approved by EPA. • 13.06.111 - Sample Collection. Users must ensure all samples they collect to satisfy sampling requirements under this Chapter are representative of the range of conditions occurring during the reporting period. Users must also ensure that, when specified, samples are collected during the specific period. A. Users must use properly cleaned sample containers appropriate for the sample analysis and sample collection and preservation protocols sp_e__cified in 40 CFR Part 136 and appropriate EPA guidance. B. Users must obtain samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds using grab collection techniques. C. For certain pollutants, Users may composite multiple arab samples taken over a 24-hour period. Users may composite grab samples for cyanide, total phenols, and sulfides either in the laboratory or in the field, and may composite grab samples for volatile organics and oil & grease in the laboratory prior to analysis. D. For all other pollutants, Users must employ 24-hour flow -proportional composite samplers unless the Director authorizes or requires an alternative sample collection method E. The Director may authorize composite samples for parameters unaffected by the composin g procedures, as appropriate. F. The Director may require grab samples either in lieu of or in addition to composite sampling to show compliance with instantaneous discharge limits. G. In all cases, Users must take care to ensure the samples are representative of _their_ wastewater discharges. H. Users sampling to complete baseline monitoring and ninety (90) -day compliance • reports required by Section 13.06.100, must satisfy some specific requirements. These reports -52- K- 53 require at least four (4) grab samples for pH, cyanide, total phenols, oil and grease, sulfide and • volatile organic compounds. Users may composite samples prior to analysis if allowed in 13.06.111(C). Where historical sampling data exist, the Director may also authorize fewer samples. 1. For periodic monitoring reports, (Section 13.06.100(D)), the Director may specify the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements. l 3.06.120 - Compliance MonitodpZ. A. Inspection and Sampling. The Director is authorized to perform such inspection and sampling as he determines necessary to determine whether a User -is complying with all requirements of this Chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the Director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. I . Where a User has security measures in force which_ require proper identification and clearance before entry into its premises, the User shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Director will be permitted to enter without delay for the purposes of performing specific responsibilities. 2. The Director shall have the right to set up on the User's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the User's operations. 3. Users shall provide full access to the Director to use any monitoring facilities and utilities available or required in accordance with Sections 13.06.060 and 13.06.061(C) and(D) to confirm that the standards or treatment required for discharge to the sewer are being met. 4. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Director and shall not be replaced. The costs of clearing such access shall be borne by the User. 5. Any unreasonable delay in allowing the Director full access to the User's premises and wastewater operations shall be a violation of this Chapter. B Search Warrants The Director may seek issuance of a search warrant from a court of competent jurisdiction. Such warrants may be secured when: 1. The Director has been refused access or is unable to locate a representative who can authorize access to a building, structure, or property, or any part thereof and has probable cause that a violation of this Chapter is occurring on the premises. 2. The Director has been denied access to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this chapter or any permit or order issued hereunder,• or 3 The Director has cause to believe there is imminent endangerment of the overall public health, safety and welfare of the community by an activity on the premises. • -53- K- 54 • 13.06.130 -Confidential Information. Generally, information submitted to demonstrate compliance with pretreatment standards and requirements will be freely available to the public. Users may request certain information be withheld as confidential, if the following is followed. A. Users may request that specific information be maintained as confidential. Users must promptly identify the specific information in writing, and describe why the information would be entitled to protection under applicable State or Federal laws. B. The City shall use its normal procedure to determine whether such information is exempt from public disclosure. When approved, the information shall not be available as public records and shall be marked Confidential. C. All other information submitted to the Director and obtained from the Director's oversight shall be available to the public subiect to the City records review policy. D. Federal rules prevent wastewater constituents and characteristics and other effluent data, as defined by 40 CFR 2.302, from being recognized as confidential information. Additionally, all information shall be available to governmental agencies for uses related to the NPDES program or pretreatment program, or in enforcement proceedings involving the person furnishing the report. 13.06.140 - Publication Of Users In Significant Noncompliance. A. Publishing: The Director must annually publish a list of the Users which, at any time during the previous twelve ( l 2) months, were in significant noncompliance with applicable pretreatment standards and requirements. The list will be published in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW. • B. Definition: The term significant noncompliance means: 1. Any violation of a pretreatment standard or requirement including numerical limits, narrative standards, and probibitions, that the Director determines has caused, alone or in combination with other discharges, interference or pass through, or endangerment of the health of POTW personnel or the general public. 2. Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Director's exercise of its emergency authority to halt or prevent such a discharge. 3. Any violation(s), including of Best Management Practices, that the Director determines will adversely affect the operation or implementation of the local pretreatment program. 4. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of al l of the measurements taken for the same pollutant parameter taken during a rolling six (6) month period exceed, by any magnitude, a numeric pretreatment standard or requirement, including instantaneous limits of Section 13.06.030. 5. Technical Review Criteria (TRC) violations defined bere as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a rolling six (6) month period equal or exceed the product of the numeric pretreatment standard or requirement, (including instantaneous limits, as defined by Section 13.06.030), multiplied by the applicable criteria. Applicable criteria are 1.4 for BOD, TSS, fats oils and grease, and 1.2 for all other pollutants except pH. • -54- K- 55 6. Failure to meet, within ninety (901 days of the scheduled date, a • compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance. 7. Failure to provide any required report within forty-five (45) calendar days after the due date. This includes initial andperiodic monitoring reports, and reports on initial compliance and on meeting compliance schedules. 8. Failure to accurately report noncompliance. C. Applicability: The criteria in paragraphs 1-3 above are applicable to all Users whereas the criteria in paragraphs 4-8 are only applicable to SfUs. 13.06.150 - Administrative Enforcement Remedies. In administering the City's Pretreatment Program, the Director shall follow the City Pretreatment Program's (the Program) procedures as approved by DOE. In response to non-compliance with any requirement of this Chapter, the Director shall apply the Enforcement Response Plan, which is included in the Program approved by DOE. This Plan ensures that the application of remedies provided in Sections 13.06.150, 13.06.160 and 13.06.170 of this chapter is appropriate to the violation, and consistent with the treatment of other Users. Any person may review or obtain a copy (for a nominal charge) of the Enforcement Response Plan by contacting the Director. A. Notification of Violation. The Director may serve a written Notice of Violation on any User that the Director finds has violated any provision of this chapter, including terms or requirements of a permit, order, or a pretreatment standard or requirement. In all cases in this chapter, a continuation of a violation of a provision of this Chapter is a "violation." Users shall in response to a Notice of Violation, provide the Director a written explanation of the violation its cause, and a corrective action plan within thirty (30) days of the receiving this notice. Users • submitting plans to correct noncompliance must include the specific actions they will take to correct ongoing and prevent future violations at the soonest practicable date. The Director's acceptance of a plan does not relieve a User of liability for any violations. The Director may also take any action, including emergency_ actions or any other enforcement action, without first issuing a Notice of Violation. B. Consent Orders. The Director may enter into a Consent Order or other voluntary agreement to memorialize agreements with Users violating any requirement of this Chapter. Such agreements must include the specific action(s) required and date(s) they are to be completed to correct the noncompliance. Such documents must be constructed in a judicially enforceable manner, and have the same force and effect as administrative orders issued pursuant to Sections I a.06.150(Dl and 13.06.150(E) of this Chapter. C. Show Cause Hearing. The Director may propose actions in response to a violation of any provision of this chapter, including a provision of a permit, order, or a Pretreatment standard or requirement. The Director may order a User in violation to appear at a date, time, and location set by the Director to show why the proposed enforcement action should not be taken. The Director will notify the User of the violation, the proposed action, the rationale, and the Users rights and obligations to provide evidence why the proposed enforcement action should not be taken, and to provide its support for any alternative it proposes at this meeting. This notification shall be served personally or by registered or certified mail (return receipt requested) at least twenty (20) days prior to the hearing. Such notice may be served on any authorized_ representative of the User as defined in Section 13.06.011. A show • -55- K- 56 • cause hearing shall not be a bar against, or prerequisite for, taking any other action against the User. D. Compliance Orders. The Director may issue a compliance order to any User that has violated anv provision of this chapter including a requirement of a permit, order, or a pretreatment standard or requirement. The compliance order may direct that the User come into compliance within a specified time, install and properly operate adequate treatment facilities or devices, or take such measures as the Director finds are reasonably necessary. These measures may include additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order shall not extend the deadline for compliance established for a pretreatment standard or requirement, or relieve a User of liability for any violation, including a continuing violation. If the User does not come into compliance within the time provided, sewer service may be discontinued. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the User. E. Cease and Desist Orders. When the Director finds that a User has violated, or continues to violate, anv provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the User's past violations are likely to recur, the Director may issue an order to the User directing it to cease and desist all such violations and directing the User to: 1. Immediately comply with all requirements; and 2. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a • prerequisite for, taking any other action against the user. F. Administrative Fines, 1. When the Director finds that a User has violated or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Director may fine such User in an amount not to exceed one thousand dollars ($1.000). Such fines shall be assessed on a per -violation per -day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation. 2. The Director may add the costs of any emergency response, additional monitoring, investigation, and administrative costs related to the noncompliance and the Director's response to the situation to the amount of the fine. 3. The Director will consider the economic benefit enjoyed by a User as a result of the noncompliance in cases where there appears to have been a monetary benefit from not complying. In such cases, the Director shall ensure that fines to the maximum amounts allowable, exceed the benefit to the User from the noncompliance 4. Unpaid charges, fines, and penalties shall, at thirty (30) calendar days past the due date, be assessed an additional penalty of one percent Q%) of the unpaid balance, and interest shall accrue thereafter at a rate of one percent (1 %l per month. After thirty (30) days the City shall be authorized to file a lien against the User's property for unpaid charges fines and penalties. 5. Users desiring to dispute such fines must file a written request for the Director to reconsider the fine along with full payment of the fine amount within fifteen (15) • working days of being notified of the fine. Where a request has merit, the Director may convene -56- K - 57 a hearing, on the matter. In the event the User's appeal is successful, the Director shall rebate the • difference between the initial and final penalty amounts to the User. 6. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking, any other action against the User. G. Emergency Suspensions. The Director may immediately suspend a User's discharge, or threatened discharge, when it reasonably appears to present a substantial danger to the health or welfare of persons. In such cases, the Director will first provide informal notice to the User. The Director may also immediately suspend a User's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or that presents, or may present, a danger to the environment. Nothing,in this section shall be interpreted as requiring a hearing, prior to any Emergency Suspension under this section. 1. Any User notified of a suspension of its dischame shall immediately stop or eliminate its contribution. If a User fails to immediately comply voluntarily with the suspension order, the Director may take such steps as deemed necessary to protect the public and its interest in the sewer system. Remedies available to the Director include immediately severing, the sewer connection at the User's expense, turning, off pump stations downstream of the User, and partnering, with law enforcement. The Director may not allow the User to recommence its discharge until the User has demonstrated to the satisfaction of the Director that the situation warranting, the suspension has been properly addressed and any proposed Termination proceeding, has been resolved. 2. A User that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing, the causes of the harmful contribution and the measures taken to prevent any future occurrence. Users shall submit this report to the Director prior to the date of any show cause or termination • hearing, under Sections 13.06.150(C) and 13.06.150(H) of this Chapter. 3. Any User causing, the Director to exercise emergency authority, shall be responsible for reimbursement of all related costs to the City. H. Termination of Discharge. Any User who violates any of the following, conditions is subject to having, the privilege of discharging to the public sewer system withdrawn: 1 Discharge of non-domestic wastewater without a permit, including,: a. Where the appropriate permit has not been requested, b. Where the appropriate permit has not vet been issued, or C. Where the permit has been denied or revoked based on the provisions of Section 13.06.080(M) (Permit Revocation) of this Chapter. 2. Violation of permit terms and conditions including,: a. Exceeding, any permit limit. b. Failing, to meet other pretreatment standards or requirements. C. Violating, any prohibition. d. Failing, to properly monitor and report discharges or changed conditions. 3. Refusal of reasonable access to the User's premises for the purpose of inspection, monitoring,, or sampling,, (whether subject to a permit or not). 4. Violation of the pretreatment standards and requirements in Section 13.06.030 of this Chapter, including, failure to satisfy Industrial User Survey requirements. • -57- K- 58 When the Director determines this remedy is necessary and appropriate to fulfill the intentions of this chapter, such User will be notified of the proposed termination of its discharge and be offered an ol2ortunity to show cause under Section 13.06.15U(C) of this Chapter why the proposed action should not be taken. Exercise of this option by the Director shall not be a bar to, or a prerequisite for, taking any other action against the User. -58- K- 59 13.06.160 - Judicial Enforcement Remedies. A. Injunctive Relief. The Director may seek injunctive relief when a User has violated, or continues to violate_a provision of this chapter, including a pretreatment standard or requirement, or a permit or order issued hereunder. In such cases, the Director may petition a court of competent jurisdiction for the issuance of a temporary or permanent injunction, as appropriate, which restrains_ or compels the specific performance of the wastewater discharge permit, order, or other -requirement imposed by this chapter on activities of the User. The Director mgv also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the User to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a User. B. Civil Penalties. 1. A User which has violated, or continues to violate a provision of this chapter including a pretreatment standard or requirement, or a permit or order issued hereunder shall be liable to the City for a maximum civil penalty of $5,000.00 per violation, per day. Penalties shall accrue for each day during the period of the violation. 2. The Director also maKrccover restitution, reasonable attomeys' fees, court costs other exp€nses associated with any emergency response, enforcement activities, additional monitoring and oversight. and costs of any actual damages to the City. _ 3. In determining the amount of civil liability. the Court shall take into account all relevant circumstances. The Director shall provide the Court a recommended civil penalty amount, and its basis. This basis address, as available, the extent of harm caused—the magnitude and duration of the violation, any economic benefit gained, the timing of Users actions and responses, corrective actions by the User, and the Users compliance history. The Director will provide the range of penalty amounts its Enforcement Response Plan suggests if it addresses the situation and provides such guidance. The Director will provide any other facts the Court requests, or the Director believes important for the Court to have to render a just determination. 4. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, any other action the Director may take to resolve noncompliance by a User. C. Criminal Prosecution. Any User who willfully does any of the following shall be guilty of a crime and upon conviction, be punished by a fine of not more than $5,QQQ per violation, per day. or imprisonment for not more than one year, or both: I . Willfully violates any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, or �. Who willfully introduces any substance into the POTW that causes personal injury or property damage, or 3. Who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to a chapter, wastewater discharge permit, or order issued hereunder, -58- K- 59 or who falsifies tam ers with or knowingly renders inaccurate any monitoring device ormethod required under this chanter. 0 The pLnatties provided for above shall be in addition to any other criminal charges or judicial remedies, including remedies provided above for causing personal injury, endangerment, or destruction of public prMeLly available under State law. D. Remedies Nonexclusive. The remedies 12rovided for in this Chapter are not exclusive. The Director may take any. all, or any combination of these actions against a noncom liana user. Enforcement ❑f retreatment violations will generally be in accordance with the City's enforcement response plan. However, the Director may take other action against any user when the circumstances warrant. Further the Director is em owered to take more than one enforcement action against any noncompliant user. 13,06.170 -_Supplemental Enforcement Action. A. Penalties for Late Reports. The Director may assess a Penalty of $100.00 to any User for each day that a report required by this Chapter, a permit or order issued hereunder is late. _ Penalties accrue beginning the fifth -day after the report is due. The Director's actions to collect late reporting penalties shall not limit the Director's authority to initiate_ any other enforcement action. B. Performance Bonds. The Director may require a satisfactory bond, payable to the City, in a sum not to exceed a value determined by -the Director as necessafy to assure the User will achieve consistent compliance with this Chanter, The Director tnaW require this bond as an enforcement response or as a prerequisite to issue or reissue a wastewater dischU e hermit. Any User who has failed to comply with any provision of this Chapter, a previous permit or order issued bereunder, or any other pretreatment standard or requirement may be subject to this -requirement. This bond may also be required of any category of User which has led to public burdens in the past regardless of the compliance history of the particular User. The City may use this bond to nay any fees, costs, or penalties assessed to the User whenever the User's account is in arrears for over thirty ( days. This includes the costs of cleanup of the site if the User goes out of business, sells the business to a person that does not first assume the bond, or goes bankrupt. Users may petition the Director to convert their performance bond to a requirement to provide liability insurance, or to forego any such safeguard based on their performance. User may petition no more frequently than once in any twelve (1 ?) month period. C. Liability Insurance. The Director may require a User to provide insurance if it previously failed to comply with any provision of this Chapter, a previous permitor order issued hereunder, or any other pretreatment standard or requirement. The Director may also require Users in businesses which historically have left a public burden to clean a pollution to obtain this insurance, regardless of their compliance history. In such cases, Users must provide proof that the insurance is sufficient to cover any liabilities incurred under this Chapter, including the cost of damages to the PDTW and the environment caused by the User. The Director may require Users to provide the proof of such insurance either- in response to noncompliance or prior. to _issuing or reissuing a wastewater dischargeyermit. D. Payment of Outstanding Fees and Penalties. The Director may decline to issue or reissue a wastewater discharge permit to any User who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this chapter, a previous permit or order issued hereunder. -59- K-60 • E. Water Supply Severance. The Director may order water service to a User severed whenever a User has violated or continues to violate any provision of this chapter, a permit, or order issued hereunder, or any other pretreatment standard or requirement. Users wishing to restore their service must first demonstrate their ability to comply with this Chapter and pay the related costs of this action. -60- K - 61 13.06.180 - Affirmative Defenses. A. Affirmative Defense - Operating Upsets. 1. An upset shall constitute an affirmative defense to enforcement actions in response to noncompliance with categorical pretreatment standards (Section 13.06.041), but not local limits (Section 13.06.045) when the requirements of Section 13.06.181,below, are met. 2. A User who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating loas, or other relevant evidence that: a. An upset occurred and the User can identify the causes) of the REEL b. The facility was at the time being operated in a prudent and workman -like manner and was in compliance with applicable operation and maintenance procedures. C. Where the upset involved reduction, loss_ or failure of its treatment facility (e.g. a power failure), the User controlled production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards until the facility was restored or an alternative method of treatment was provided. The User submitted the following • information to the Director within twenty-four (24) hours ofbecoming aware of the upset. When initially provided orally, the User must have provided a written report within five (5) days: i. A description of the indirect discharge and cause of noncompliance. ii. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue. iii. Steps being taken and/or planned to reduce, eliminate,____a_nd prevent recurrence of the noncompliance. 3. In any enforcement proceeding, the User seeking_ to establish the occurrence of an upset shall have the burden of proof. 4. Users will have the opportunity for a iudicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards. B. Prohibited Discharge Standards. 1. User will have an affirmative defense to an enforcement action brou ht against it for noncompliance with the prohibitions in Sections 13.06.030(A) and 13.06.030(B)(3-7) of this Chapter in certain cases. The User must be able to prove that it did not know, or have reason to know, that its discharge alone or in conjunction with discharges from other sources, would cause pass through or interference and that either: 2. A local limit exists for each pollutant discharged and the User was in compliance with each limit directly prior to, and during, the pass through or interference,• or 3. No local limit exists, but the discharge did not change substantially in • nature or constituents from the User's prior discharge when the City was regularly in compliance -60- K - 61 with its NPDES permit, and in the case of interference, was in compliance with applicable • sludge use or disposal requirements. 13.06.181 - Bypass. A. For the purposes of this section 1. Bypass means the intentional diversion of wastestreams from any portion of a User's treatment facility. 2. Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property does not mean economic loss caused by delays in _damage production. B. A User may allow a bypass to occur if it does not cause pretreatment standards or requirements to be violated and is essential for maintenance to assure efficient operation of the User's treatment facility. C. Any other bypass must meet the following requirements: 1. Users knowing in advance of the need for a bypass must submit prior notice to the Director, at least ten (10) days before the bypass wherever possible. 2. Users must tell the Director of any unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours of becoming aware of the bypass. Users must provide a written follow-up report within five (5) days. The Director may waive the written report if the oral report was timely and complete. Unless waived, the written report must contain: a. A description of the bypass (volume, pollutants, etc). • b. What caused the bypass. C. When specifically, the bypass started and ended. d. When the bypass is expected to stop (if ongoing). e. What steps the User has taken or plans to take to reduce, eliminate _ and prevent the bypass from reoccurring. D. Bypass: I . The Director may take an enforcement action against a user for a bypass, unless: a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; b There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance, and C. The User submitted notices as required under paragraph (C) of this section. 2. The Director may approve an anticipated bypass, after considering its adverse effects if the Director determines that it will meet the three conditions listed in paragraph (D)(1) of this section. • -61- K - 62 • 13.06.190 - Pretreatment Charges and Fees. The City shall adopt fees to offset its costs of setting up and operating the City's Pretreatment Program. Charges and fees may include. A. Fees for wastewater discharge permit applications or permit modifications, including the cost of processing such applications: B. Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users; C. Fees for reviewing and responding to accidental discharge procedures and construction: D. Fees for filing appeals• E. Fees to recover administrative and legal costs associated with the enforcement activity taken by the Director to address noncompliance, and F. Other fees as the City may deem necessary to cam out the requirements contained herein. These fees relate solely to the matters covered by this Chapter and are separate from all other fees, fines, and penalties chargeable by the City. Charges and fees shall be as set forth in Chapter 3.70 PAMC. Section 3. Ordinance 3085, as amended, and Chapter 3.70.110 Sections F and M of the Port Angeles Municipal Code relating to Industrial Wastewater Pretreatment and Septic is Hauler fees are hereby amended as follows: Industrial Wastewater Pretreatment Fees 1. Fees for monitoring, inspections and surveillance procedures: atcost actual cost incurred by the City to perform the service 2. Fees fbi filins appeals.S35 Wastewater Discharge permit for MIUs.The Permit duration is five years. At the time of issuance of permit, the Permittee may elect to pay the entire fee at the time of issuance, or mati pav in monthlv installments according to the following schedule: Effective through December 31, 2010 Effective January 1, 2011 Effective January 1, 2012 east Discharge Authorizations (application feel: Single discharge $ 250.00 • One year $ 500.00 Five years $1,000.00 -62- Five-Year Mom Permit Fee Amount 720.00 12.00 1440.00 SLI00 2 160.00 36.00 K-63 4. Fees fbi ieview of dravvings, specifications and cornphance schedules p, et, eattrient facilities. atcost .... Solo— 5. Fees fbi issuance of industrial wastewatei acceptmice fbints. $165.60 4. Fees for flows that exceed the permitted concentrations High Strength surcharge fees: BOD $0.79/1000 gallons with concentration greater than 400 mg/L TSS $0.36/1000 gallons with concentration greaterthan400 mg/L 56. Othe, chaiges as the eity inay deein necessary to carry oat the -Of cost. Fee for MN permit transfer: $420.00 6. Fee for MN permit modification initiated by user: $420.00 7. Fee for Septic Hauler Discharge permit: One year $150.00 8. Fee for Leachate Discharge permit: One year $150.00 Five years $500.00 9. Hauled Waste Volume Fee: Septic Waste $0.12 per gallon Other waste $0.05 per gallon 10. Other charges as the City may deem necessary to carry out the requirements of Chapter 13.06 PAMC: actual cost incurred by the City to perform the service. 11. In lieu of the fees prescribed in paragraphs 7 and 9 above, the City Manager may enter into a contract with a Septic Hauler for fees to be paid on terms and conditions established by the contract: provided that such contract must be for a term of at least one year and that the method used to establish the fees set I the contract is fair and reasonable. • .. .. .. .: .. .... Solo— Poll 1W% pqplw- ME MPINIP. Section 4 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. -63- K - 64 C7 • • C Section 5 - Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect five days following the date of its publication by summary. Section 6 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is. not affected. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the ATTEST: Janessa Hurd, City Clerk day of April, 2010. PUBLISHED: April 2010 By Summary MAYOR APPROVED AS TO FORM: William E. Bloor, City Attorney O:LL.ECAL\ORDINANCES&RESO LUTIONS\O R DINAN CES.2010\7 - Industrial WW PrOrcutment 03.10.10.wpd -64- K-65 Industrial Wastewater Pretreatment Program Update ------------ G4 Port Angeles City Council April 20, 2010 Industrial Wastewater Program (IWP) Presentation Outline • Background • Workshops for users — MIUs and FSEs • Responsive to NPDES Requirements • IWP Ordinance Provisions • Tonight - Conduct and close public hearing - Second reading - Consider adoption of the ordinance ..2' 1 t � % 4.Y ------------ G4 Port Angeles City Council April 20, 2010 Industrial Wastewater Program (IWP) Presentation Outline • Background • Workshops for users — MIUs and FSEs • Responsive to NPDES Requirements • IWP Ordinance Provisions • Tonight - Conduct and close public hearing - Second reading - Consider adoption of the ordinance ..2' 1 Purpose of the Industrial Wastewater Pretreatment Program is to protect -The public -Process and equipment of POTW -Port Angeles Harbor Background City of Port Angeles - Owns and maintains the Publicly Owned Treatment Works (POTW) - Holds a Wastewater Discharge NPDES Permit from DOE - Is required by DOE to update the Industrial Wastewater Pretreatment (IWP) Program - Goal of the Program is to protect the community, the wastewater facilities (POTW), and the environment • Federal and State Standards apply to all communities • Local limits are tailored to our City and our WWTP • Industrial (non-domestic) Users must have a permit, tailored to discharge characteristics 4 • IWP program also addresses grease (FOG) in the sewer mains 2 Industrial Wastewater Pretreatment (IWP) Ordinance • Codifies the updated IWP Program • Completely replaces PAMC Chapter 13.06 that dates from 1984 (minor revisions 1990 and 1996) • New IWP Ordinance is based on - DOE/EPA Model Ordinance EPA streamlining rules NPDES Permit requirements - 2007 DOE Pretreatment Inspection report - Input from staff and public workshops - Review by DOE and City Attorney .'T PURPOSE, POLICY, ADMINISTRATION • Purpose is to protect from pollutants - That could harm the process - That could pass through WWTP into air or water - That would impair sludge or effluent quality, impairing recycling or reclamation • Enables City to comply with NPDES permit, State, and Federal laws. • Applies to non-domestic users of POTW • Abbreviations and definitions • Administration by Public Works Director 3 ```"`` MIU Definition MINOR INDUSTRIAL USER (MIU): Industrial or commercial user of the POTW Does not qualify as a Significant Industrial User (SIUs) Operates facilities that: • 1) Have some discharges of wastewater that could cause detectably elevated concentrations of metals or toxics in the pretreatment quarterly analysis; • 2) Have a discharge of small quantities of dangerous waste; • 3) Have a potential to discharge or spill chemicals to the POTW. IWP Ordinance Provisions 13.06.030 " • General Discharge Prohibitions - Pass through or interference • Specific Discharge Prohibitions - Fire or explosive hazard, - Strong acids or bases - Solids or grease that could cause obstructions - Toxic pollutants that could cause health and safety problems for workers - Radioactive waste, noxious wastes - Others • Prohibited unless specifically approved by the Director - Medical waste - New stormwater, groundwater, roof runoff, unpolluted wastewater - Screenings and sludge from pretreatment facilities C! J ! IWP Ordinance Provisions 13.06.031 --.039 • Fats Oils and Grease (FOG) - No more than 100 mg/I allowed (1 part in 10,000) - Food Service Establishments (FSEs) and others who discharge FOG must have adequate grease removal system - Grease traps and interceptors must be properly installed, sized, and maintained - Commercial establishments that cause the City to clean a blocked sewer main shall reimburse the City for those costs • Record Keeping - Document cleaning and maintenance activities - Keep records for three years IWP Ordinance Provisions 13.06.040 • Limitations on wastewater strength and flow Exceedances may be approved, but User must pay surcharge - No more than 400 mg/I allowed of BOD or TSS - No more than 50,000 gallons daily average flow • Federal standards and State standards apply • Dilution not allowed • Local limits - Chart of limits for heavy metals, - developed by DOE -approved analysis local conditions and plant capacity 5 IWP Ordinance Provisions 13.06.050 --.061 • Accidental and slug discharge control plans • Hauled Wastewater • Pretreatment Facilities • Additional Pretreatment Measures 11 IWP Ordinance Provisions 13.06.080 --.098 • Wastewater Discharge Permits - Industrial User surveys required - Discharge Permit applications - Permit issuance contents and process - Modifications, transfers, reissuance, revocations • Waste received from other jurisdictions - Requires a formal agreement 12 0 IWP Ordinance Provisions 13.06.110 --.140 cy PERMIT PROCEDURES e Reporting Requirements 9 Sampling and analysis by the User Ins pection and sampling by the City e Publication of Users in Significant Non Compliance -3' e Administrative, Judicial, and Other Enforcement Remedies IWP Ordinance Provisions 13.06.190 and PAMC Chapter 3.70 CHARGES AND FEES 0 City inspection and monitoring: at cost No change 9 MIU Wastewater Discharge Permit fee - $2160/five year permit, billed at $36/month - Phased in over 3 years - Increase from $105/five year permit = $1.75/month 7 .:_lam Discharge Permit Fee Schedule Five -Year Monthly Permit Fee Amount Effective through Dec. 31, 2010 $720 $12 January 2, 2011 $1440 $24 January 1,2012 $2160 $36 IWP Ordinance Provisions 13.06.190 and PAMC Chapter 3.70 CHARGES AND FEES • MIU Permit transfer and modification (new) - $420 when initiated by User `''>p`; • Surcharge fees (new) for high-strength waste - BOD and TSS at concentrations over the 400mg/l limit n IWP Ordinance Provisions 13.06.190 and PAMC Chapter 3.70 CHARGES AND FEES • Discharge Authorizations (new) One time, $250 One year, $500 Five years, $1000 Septic Hauler Discharge permit Increase from $80 to $150 for one year Leachate Discharge permit $150 for one year, $500 for five years • Volume fees - Septic waste remains at $0.12 per gallon (new) - Other hauled waste $0.05/gallon (new) Leachate remains at $0.02 per gallon Other charges: at cost or as negotiated Schedule for IWP Update • DOE review and final legal review • IWP Ordinance public hearings and approval by Council - Public Hearing opened at March 2 Council meeting - First reading of Ordinance March 18 — public hearing continued Comments incorporated Second reading April 20 Ordinance adoption • DOE/EPA Approval • Public outreach and program implementation • Permits issued under the new Ordinance 9 Recommendation: • Continue Public Hearing • Second Reading of Ordinance • Adopt Ordinance Questions? 10 ILI City of Port Angeles Financial Update - First Quarter 2010 City Council Meeting April 20, 2010 Presented by Yvonne Ziomkowski, Finance Director Overview Economic Update Current Year Revenues / Expenditures Questions Current year revenues and expenses are slightly under budget Not recommending any current year action at this time Need for continued focus on monitoring cost and revenues Long — term focus necessary New programs need to be self sustaining Economic Update Economic Update - Washington Evidence points to increased economic activity in March... Retail trade sector up 6.8% for recent collection period Construction sector down 20.4% Shortfall in State REET collections despite increased activity Real Estate Activity has increased due to federal tax credits Due to lag time between signing and closing, some shortfall could be recovered Source: Washington State Economic and Revenue Forecast Council — April 12, 2010 Economic Update —Washington Cont'd Economy confronts "formidable headwinds" Employment growth is expected to start slow and gain momentum later this year and in 2011 Consumer spending appears to be coming back — critical for sustained revenue growth Expiration of government incentives may threaten housing recovery Seattle CPI shows continued downward pressure on prices Source: Washington State Economic and Revenue Forecast Council — April 12, 2010 Ciallam County Economic Update Employment rates declining — possibly a temporary boost from census workers (March 2010,9.9%) Personal income growth will be slow Weak housing market ! QOO HOO nwbg t�C�O�G�aO Unemployment Rates Source: Labor Market & Economic Analysis, Washington State Employment Security Department Revenues / Expenditures City-wide Summaryl $20,563,918 $19,882,070 — $681,848 Revenues Expenses 21% of budget 20% of budget General Fund Revenue In general, less of the budget is used during the I" Qtr of the year General Fund 111 Qtr Revenues 2% below 2009 ($68K) • Sales tax down 14K from 2009, 2% ► 25% of budget received 7' r4perty tax ownK rom 2Qg • 1st half receipts in May • Building Dept revenues down 3K MOM • 15% of budget received Sales Tax -- Change by Category Retail Trade Accommdtn and Food Svcs Wholesale Construction Manufacturing Telecom & Information Services Other 0 200 400 600 800 1000 1200 1400 Thousands Previous 12 Months w Last 12 Months Investment Earnings Trends 3.000 2.500 2.000 1.500 1.000 - 0.500---- 0.000 - --_� --- - 04i l�'c PJQo O`er Oec: ��.p Pis ,Jc Pao 0��: Qec: �e� PQM —3 mo 2 yr LGIP* *includes available data General Fund Revenue Cont Utility taxes combined are up $14K Increases in utility tax are mostly due to rate increases with exception of Solid Waste Collection utility 26.6% of budget received, almost identical to 1't Qtr 2009 Shared Revenue with Clallam County 1't Qtr $75K, $55K above budget Result of WalMart construction General Fund Expenditures Concerns... Jail & Court Costs General Fund Expenditures are at 23% of budget Special Revenue Funds Special Revenue Fun Revenue: 2010 Budget 2010 is' Qtr Actual Change % Budget From I" Received Q 2009 Change From 1$t Qtr 2009 Lodging Tax 470K 43 9% Real Estate Excise Taxes 240K 14K 6%i (13K) (47.6%) Pencom - Sales Tax 700K 107K 15% 1K .8% Recreational Activities 4031< 97K 24% (5K) (4.8% Motor Vehicle Fuel Tax 436 99K 23% 4K 4.0% Special Revenue Funds - Expenditures Proprietary Funds 2010 Change Change Expenses: 2010 1st Qtr % Budget From 1" From 1't Budget Actual Expensed Qtr 2009 Qtr 2009 Street 1.8M 319K 18% 12K 491. Economic Development 862K 24K 3% (2K) (6.3%) PenCom 2.2M 614 , 28% 54K ° 9.6/ (excludes capital projects) Recreation 405K 95K 23% (4K) (4.4% Proprietary Funds Proprietary Fund Revenues jdlllk Revenue: 2010 Budget 2010 11t Qtr Actual %Budget Received Change From Qtr 2009 Change From 11t Qtr 2009 Electric Utility 30.4M 9.2M 30% (32K) (.3%) Water Utility 5.7M 1.2M 22% 137K 12.4% Wastewater Utility 6.8M 1.5M 22% 141K 10.4% Solid Waste Collection 3.2M 822K 26% 32K 4.1% Solid Waste Transfer Station 4.5M 924K 21% 154K 20°/ Stormwater Utility 7581 15K 2% 5K 46.4% Medic I Utility 1.41 280K 20% (6K) (2%) *does not include CIP project revenues Proprietary Fund Exp Expenses: 2010 Budget 2010 1`t Qtr Actual Change %Budget From 151 Expensed Qtr 2009 Change From V Qtr 2009 Electric Utility 29.9M 8.41VI 29% 438K 5.59I Water Utility 5.2M 941K 18% (12K) (1.2%) Wastewater Utility 5.2M 820K 16% 22K 2.8% Solid Waste Collection ISM 732K 21% (11K) (1.5%) Solid Waste Transfer Station 5.3MI 883K 17% 65K 7.9% Stormwater Utility 747K 191K 26% 46K Medic I Utility 1.5M 325K 22%1 2K 6% *does not include CIP project expenses Key Messages Closely monitor revenues... Lodging Tax revenue Sales tax & construction activities Program revenues Careful approach to spending Adjust spending if revenues are below budget forecast Items to watch Jail & court costs Gasoline prices Questions • Monthly Financial Update MARCH 2010 General Fund & Street Overview General Fund revenues are down slightly from 2009, end- ing the first quarter at nearly $3.3 million. Through March, we have collected just over 19% of budgeted revenues. Expendi- tures are 14% lower than the same period last year mainly due to a one-time $575,000 transfer for street projects in the first quarter of 2009. There are several areas of con- cern in the General Fund, espe- • cially related to revenue collec- tions. There is the possibility that additional building permits will partially offset losses in sales and interest revenue. Due to the challenging economic environment we are currently facing, and the additional re- quests we may face in the 2011 budget process, it is time to carefully watch spending. • GENERAL FUND Revenues -through March Expenditures -through March Net Rev, over/(under) Exp. STREET FUND Revenues -through March Expenditures -through March Net Rev, over/(under) Exp. In the Street Fund, revenues col- lected are down 19% from 2009 due to a one-time $105,000 capital con- tribution in the first quarter of 2009. Street Fund expenditures are up slightly from 2009 mostly due to budgeted increases in personnel. With 25% of the year completed, we are on target with revenues (19% of budget collected) and expendi- tures (18% spent) in the Street Fund. Due to timing issues with certain revenues and expenditures, some 2010 Actual Budget 3,295,908 17,050,512 19.3% 3,927,241 17,240,532 22.8% (631,333) (190,020) 322,449 1,662,625 19.4% 319,623 1,801,995 17.7% 2,826 (139,370) monthly comparisons will be skewed. The most accurate com- parisons take place at year end, when all revenues and expenditures have been posted and reconciled for the entire year. Revenue through March 2010 Actual 2010 Budget Gas Tax 5 98,985 $ 435,853 23% collected in.2009 REET $ 14,294 $ 240,000 Sales Tax Revenue by Month $300,000 $250,000 s......0 At — 2009 —�— 2010 -2010 Budget $150.000 Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec 6% collected in 2010 Sales Tart: Revenue is dotun. 4% through. March. 2010 compared to the same period last year. To date, we are on target with. 25% of budget collected. 600.000 500,000 Utility Tax Revenue Collected through March 400.000 300.000 p 2009 200.000 m 2010 ® 2010 Budget 100,000 Electric Water Wastewater SW- SW -Transfer Stormwater Collections Stn Community & Economic Development Revenue Don't forget the season effect of construction activit With the exception of Solid Waste Col- lections, every utility reported higher than budgeted tax revenue through the • first quarter of 2010. Overall, the City has collected nearly 27% of utility taxes through March, almost identical to amount collected at this point in 2009. It is important to remember that some utility revenues are cyclical and there- fore the most accurate comparison is at }Tear -end when all revenues have been collected for the year. For example, the electric utility collects higher revenue in the Winter, and the solid waste transfer station usually has higher revenues in Spring and Summer. Community Development Revenue evenue Source 2010 2009 10 vs. 09 % variance uilding Permits $ 18,237 $ 24,502 -25.6% • lumbing Permits 1,714 2,532 -32.3% kechanical Permits 3,695 3,787 -2.4% $30,000 ign Permits 852 311 174.0% Ian Checking Fees 15,649 8,009 95.4% lanning Permits 1,350 2,100 -35.7% oning Fees 1,450 1,350 7.4°/ otal Revenue S 42.947 S 42,591 0.8% - $60,000 lodging Tax Revenue through March $50,000 $40,000 `L` no 2009 $30,000 ;a:M ® 2010 Actual ■ 2010 Budget $20,000 $10,000 - $o Lodging Tax revenue col- lected through March 2010 is down 10% from the same period in 2009. We have col- lected 9.1 % of budget. -2 r� • MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 March 24, 2010 6:00 p.m. ROLL CALL Members Present: John Matthews, Doc Reiss, Tim Boyle, Nancy Powers, Carla Sue, Sissy Bruch Members Absent: Mike Caudill Staff Present: Nathan West, Sue Roberds Public Present: Mr. and Mrs. Tom Pelett, Scott Warren, Barbara Martin, Joni Dailey, Aric Mackay Staff noted that Sissy Bruch was recently appointed to the Commission and was present. APPROVAL OF MINUTES Commissioner Powers moved to approve the February 10, 2010, regular meeting • minutes as submitted. The motion was seconded by Commissioner Matthews and passed 5 — 0 with Commissioner Bruch abstaining due to her not being seated for the meeting. PUBLIC HEARINGS: STREET VACATION PETITION — STV 09-06 — PELETT, portion of Hazel Street west of "C" Street: Chair Reiss opened the public hearing. Mr. and Mrs. Pelett were present but agreed with staff that they were withdrawing the petition at this time. They asked that the spelling of the name be corrected in staff documents to "Pelett." Scott Warren, 1010 Hazel Street did not believe Hazel Street currently extends to Lot 15 because it had already been vacated. Joni Dailey, 1025 Madrona Street was concerned that no one in the neighborhood was notified of the street vacation public hearing. Barbara Martin, 1017 Madrona Street spoke of drainage issues; survey issues, discord between the neighbors caused by use of the HazeUMadrona Alley by one neighbor, and that she was not notified in writing of the street vacation action. Planning Manager Sue Roberds noted that neither state law nor City ordinance require individual • notification to property owners of a pending street vacation action. The site is posted for users to see the notice of intent. Staff spoke at length to Mrs. Martin and Mr. Warren during the course M-3 Planning Commission Minuies April 14. 2010 Page 2 • of the public notification period and it is apparent the neighborhood was made aware of the action by their attendance at the meeting. There being no objections, Chair Reiss closed the public hearing and the Commission accepted withdrawal of the petition. STREET VACATION PETITION — STV 10-02 — DRAKE, portion of Seventh Street west of Valley Street abutting 708 South Valley Street: (The applicant has withdrawn this petition.) Chair Reiss opened discussion on the matter. Staff explained that this item had been withdrawn. There was no one present to speak to the issue. EXTENSION OF CONDITIONAL USE PERMIT — CUP 09-03 — COMMUNITY MARKET: Request for extension of a conditional use permit to allow continuation of an open air community market in the City's Central Business District. Chair Reiss qualified Commission members. No one had any Appearance of Fairness or Conflict of Interest concerns to claim. He then opened the public hearing. Director of Community & Economic Development Nathan West reviewed staff s report recommending that the permit be extended for an additional three year period. Aric Mackay, 1014 Grant Avenue was present representing the application. Mr. Mackay • responded to a question that if the Transit Authority decided to open on a Sunday, the area would not be available for the Market Market uses are secondary to the public transportation use of the site. Market management and Transit will work cooperatively on such issues. Following discussion as to processing of the extension request, Commissioner Matthews moved to concur with staff to extend the conditional use permit for an additional three year period to November 1, 2013 with the following conditions, findings, and conclusions: Conditions: 1. Extension of CUP 09-13 is approved for the Community Market to operate within the Gateway Transit Center west of the bus transit lane from March 1, to November 15 for a three (3) year period until November 15, 2013. If extension is desired beyond November 15, 2013, such request must be received by the City's Community Economic Development Department prior to expiration of the extension. 2. The Community Market shall operate on Sundays from 10 a.m. to 4 p.m. Set up and take down may extend the operational times as needed such that the use period may occur between 8 a.m. and 6 p.m. Operation of the Market shall be per the "2009 Rules and Policies" that is part of the application packet. Any revisions to the Rules and Policies will require approval by the City's Department of Community and Economic Development. 3. Vendor vehicles not parking in the transit lanes shall be parked consistent with City • parking regulations. M-4 Planning Commission Minutes April 14, 1010 Page 3 4. Market management shal I provide a report of each season's activity at the close of each season (soon after November 15) including a list of vendors. Findings: Based on the information provided in the Community Development Staff Report for CUP 09-03 dated July 22, 2009, and extension request dated March 24, 2010, including all information in the public record file, comments and testimony presented during the July 22, 2009, and March 24, 2010 extension request public hearings, the Planning Commission discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that: 1. Conditional Use Permit application CUP 09-03 was approved on July 22, 2009, to allow a community public market use to operate in the public transit lane and the Gateway Transit Center in Downtown Port Angeles. The use was approved to operate between March Is` and November 15.`" Operation of the activity is outlined in the operation rules entitled "2009 Rules and Policies" submitted with the application materials. 2. The subject site is 123 East Front Street and is situated between Railroad Avenue and Front Street west of Lincoln Street in Downtown Port Angeles. The site is zoned Central Business District. 3. The Comprehensive Plan Land Use Map designates the site as Commercial. Adjacent properties are also designated as Commercial. 4. The site is located in the City's Harbor Planning Area. The Port Angeles Harbor and shoreline area are located one half block north of the proposed site. 5. Development in the neighborhood includes one and two story commercial and mixed use buildings, private and public parking areas, and public gathering locations. 6. Operation of the Gateway Plaza east of the proposed site is under separate management, and its use must be approved through a separate process. 7. Per Section 17.96.050(A) PAMC, the Planning Commission shall consider applications for conditional use permit uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. In each application the Planning Commission may impose whatever restrictions or conditions are considered essential to protect the public health, safety, welfare, and to prevent depreciation of neighboring property. Uses are to be evaluated to determine if the characteristics of the intended use as related to the specific proposed site would defeat the purpose of the City's Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use would defeat the purpose of the City's zoning regulations. Conditional Use Permits may be initially approved for no more than one year but may be extended following the initial year. An activity approved through the conditional use permit process must remain in continual compliance with specific • conditions of approval or may be revoked. M-5 Planning Commission Minutes April 14. 2010 Page 4 • 8. Section 17.96.070(E) PAMC provides for Extensions of Approved Conditional Use Permits. Extensions of approved conditional use permits shall be considered in accordance with the same procedures as for the original permit application and may be granted for a period of one to five years provided that the use complies with permit conditions and there have been no significant, adverse changes in circumstances. 9. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land Use Element Policy A.2; Land Use Element Goal D, and Goal E; Transportation Element Policy B.16; Economic Development Element Goal A, Policy A.2, and Goal B are most relevant to the proposal and are provided as an attachment to these .findings. 10. Reviewing City Departments did not have any comments regarding the extension request. 11. Notification of the extension request appeared in the Peninsula Daily News on March 10, 2010, and posted on the subject site and mailed to property owners within 300 feet of the subject property on March 5, 2010. 12. A Determination of Non -Significance (#1245) was issued for this proposal on July 21, 2009, during the original application review. The action fulfilled the City's responsibilities under the State Environmental Policy Act (SEPA). 13. The Planning Commission conducted a public hearing on the extension proposal at the March 24, 2010,regular meeting. Conclusions: Based on the information provided in the Department of Community Development Staff Report for CUP 09-03 dated July 22, 2009, and extension request of March 24, 2010, including all of the information in the public record file, comments, and testimony presented during the July 22, 2009, and March 24, 2010 public hearings, the Planning Commission's discussion and deliberation, and the above listed conditions of approval and listed findings, the City of Port Angeles Planning Commission hereby concludes that: 1. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan, specifically with Land Use Element Goal A and Policy A.2; Land Use Element Goal D. and Land Use Element Goal E; Transportation Element Policy B.16; Economic Development Goal A and Policy A .2, and Economic Development Goal B. 2. Extension of the activity is consistent with requirements for extension of a conditional use permit as specified in Section 17.96.070(E) PAMC. 3. A Community Market activity has been shown to be similar to permitted activities of the Central Business District that are identified in Section 17.24 of the PAMC and, as such, is in compliance with standards of the City's zoning ordinance. 4. As conditioned, continued operation of the Community Market is per the rules and procedures submitted with the application and approved by the Planning Commission during initial approval on July 22, 2009. Any revisions to those rules and procedures shall be reviewed prior to implementation of any change for potential impacts to the subject area or conflict with existing uses. Commissioner Boyle seconded the motion that passed 6 — 0. M-6 • Planning Commission Alinuies April 14. 2010 • Page 5 CONDITIONAL USE PERMIT — CUP 10-01 — BAUER, 728 Caroline Street: Request to allow an accessory residential unit (ARU) in the RS -7 zone. Chair Reiss qualified Commission members. No one had any Appearance of Fairness or Conflict of Interest concerns to claim. He then opened the public hearing noting staff's memorandum that the applicant asked that the item be continued to the April 14 regular meeting. T.A. Burton, 732 Caroline, a neighbor, stated that the existing residence is of little value to the neighborhood and spoke in favor of the application and presented a letter stating same for the record. Commissioner Powers moved to continue the public hearing to April 14, 2010. The motion was seconded by Commissioner Matthews and passed 6 — 0. COMMUNICATIONS FROM THE PUBLIC None ELECTIONS Commissioner Powers nominated Commissioner Matthews as Chair for the 2010-2011 term. There were no additional nominations. The vote was 6 — 0. • Commissioner Matthews nominated Commissioner Powers as Vice Chair for the 2010-2011 term. There were no additional nominations. The vote was 6 — 0. • STAFF REPORTS Staff welcomed new Commissioner Sissy Bruch. Director West provided a verbal report that the City Council concurred with the Commission's recommendation to approve the Lipman/Stone Street Vacation petition of a portion of Vine Street, and provided information regarding staff's efforts at completing a waterfront promenade concept for a grant for those improvements. Assistant Planner Korcz will present an animated preview of that work at the next regular meeting. REPORTS OF COMMISSION MEMBERS None ADJOURNMENT The meeting adjourned at 7:30 p.m. Sue Roberds, Secretary Doc Reiss, Chair M-7 Planning Commission Minutes April 14. 20/0 Page G PREPARED BY: S. Roberds MW • L • Brown & Caldwell Consultant Agreement, Project 06-01 CSO Projects Phase I Date Agreement Authorized. by Council: July 5, 2006 Amendment No. 4 Authorized by Council: March 17, 2009 Agreement Expires: December 1, 2011 Blllinas Throuah: March 25. 2010 Task # Descri tion original roug Contract Amendment Amount I No. 6 'Billings to Date % Complete Pre -Design and Design through 60% (original contract and Amendments 1-3) 1 Project Management $16,893.45 $112,841.19 $112,841.19 100% 2 Mapping & Condition Assessment $36,559.05 $110,055.64 $110,055.64 100% 3 Cultural $6,922.20 $25,092.98' $25,092.98 100%, 4 Geotechnical $66,115.23 $144,293.41 $144,293.41 100% 5 Environmental &_ Permits - $22,789.84 $150,829.67 $150,829.67 100% 6,0 CSO Plan Review and Preparation of .Contract Documents $167,247.93 $180,100.00 $180,100.00 100% 6.1-6.5 Detailed Civil, Mechanical, Structural, Electrical & PICS Design _ $958,296.98 $958,296.98 100% 6;6 Preparation of 60% Cost Estimate - $47,000:00 $47,000.00 100% 7 Engineering Report & Bidding Assistance $22,450.28 $35,279.11 $35,279.11 100% 8 Evaluation of Additional Alternatives - $16,735.00 $16,735.00 100% 9 Plant Flow -Management - $59,092.00 $59,092.00 100% 10 Add -I Cultural &. Geotechnical Work - $8,025.00. $8,025.00 100% Subtotal, Tasks 1-10*1 $338,977.98 $1,847,640.98 $1,847,640.98 11 Complete detailed design of CSO Phase 1 $1,519,572.03 $663,768.09 44% 12 Septage Receiving Station Design - $8,4.00.00 $0.00 0% 13 Headworks Screens Design - $26,000.00 $0.00 0% 14 Integrated CSO Monitoring Design - $11,000.00 $0.00 0% 15 ' WWTP Monitoring Suppport - $0.00 $0.00 0% 16 Elwha flow Impact Analysis Ph 2 - $141,550.00 $20,420.39 14% Total Contract Amount $338,977.98 $3,139,190.98 $2,149,030.70 68% �� Perteet Consultant Agreement FEMA Projects 08-03B Date Agreement Authorized by Council: May 19, 2009 Date Amendment No. 3 Authorized by Council: Novemeber 17, 2009 Agreement Explres: December 31, 2010 Billings Through: February 28, 2010 • Task # Task Original Contract Amount. roug Amendment No. 3 Billings to Date %Complete 1 ODT Trall RI ra . MPEG019 $15,900.00 $881605.00 $27.,664.48 31%' 2 ODT Trail Slide RWMG017 $15,898.00 $42,833.00 $19,428.00 46% 3. Edlz Hook Ri ra MPECO22 $8,399.00 $60,592.00 $40,364:79 67% 4 Tumwater Wall MPEC011 $8,399.00 $30,399.00 $21,537.68 71% 5 Ediz Hook Boat Ram MPEC016 $8,399.00 $57,279.00 $26,361.60 46% Totals $56,995,001 $279,608.001 $135,356.55 48% • M-10 • Hammond, Collier, Wade & Livingston Consultant Agreement - Race :Street Slide Project TR01-10 Date Agreement Authorized'by Council: April 17 .p Agreement Expires: December 31, 2010 Billings Through: February 25, 2010 Original Contract Task.# Task Amount Billings to Date % Complete 1 Pro ect Management $2,650.00 $1,995.00. 75% 2 Prepare Design .Plans & Specifications $26,570.00 .$19,384.08 730 rr Totals 1 $29,220,001 $21,379.08 -73% • • M-11 Exeltech Consultant Agreement, Project 06-05 Phase 2 Date Agreement Authorized by Council: February. 2, 2010 Agreement Expires: December 31, 2010 Billings Through: April 14, 2010 Task # Task Contract Amount men s Amount I Billings to Date Complete 1 ME and bid support for Dry Creek Bridge $164,800.00 N/A $0.00 0% 2 N/A- 0% Totals $184,800,00 $0.00 0% M-12 • • �7- . G4 Consultant Agreement, Project 90178 Industrial- Wastewater Pretreatment Program Update • • Date Agreement Authorized by Council: June 24, 2008 Agreement Expires: December 31, 2009 Billings Through: April 1, 2010 Task # . Task Original ContractBillings Amount to Date % Complete 1 Local Limits $11,000.00 $11,036.50 100% 2 Staffing Summa (Delegation Decision $6,000.00 $4,286.39 71% 3 Sewer Use Ordinance $7,000.00 $9,225.00 132% 4 Procedures Manuals $20,000;00 $16,275.00 81% 5 FOG Maintenance Program $12,000.00 $2,850.00 24% .> r Totals $5600.00 $43,,672.89 .78% M-13 CH2M Hill Consultant Agreement, Project 07- 08 Date Agreement Authorized by Council: April 17, 2007 Date Amendment No. 1 Authorized by Council: December 18, 2007 Agreement Expires: June 31, 2010 Billings Through: February 12, 2010 • Task # Task Original Contract Amount Through Amendment No. 1 Billings to Date % Complete 1 Corroslon Control Facility $38,000 .$38,000 $25,209.23. 100% 2 Elwha.Dam Mitigation $50,000 $50,000 $33,170.04 66% 3 Directed Services $25,000 $25,000 $10,799.13 43% 4 Water System Plan -- $235,0001 $209,727.48 89% Totals 1 $113,0001 $348,0001 $278,905.88 80% • • M-14 I i { i { 3 AVERAGE DAILY WATER DEMA_ND__ LAST YEAR TO DATE (MG) - -2.35', 'THIS YEAR TO DATE (MG) 2.341 CITY OF PORT ANGELES PUBLIC WORKS & UTILITIES DEPARTMENT 2010 1st QUARTER REPORT April 2010 F r WATER DEMAND 1 I • SEWER/STORM SYSTEM MAINTENANCE MONTH IF , YR. SEWER SYSTEM JETTED 1,750 2 104, STORM DRAINS JETTED 01 0' SYSTEM TV INSPECTED 01_ 492 RAINFALL 11 k vkagPA 1 ME RIM. ,,.,,,_ . RAINFALL DATA (inches)__ _T 10YR AVG. TOTAL TO DATE 8.12 THIS YR TO DATE 7.81, M-15 AVERAGE ELECTRICAL USE LAST YEAR TO DATE M KWI 71.7426; THIS YEAR TO DATE (M Kwh_ 67.34261 TONNAGE RECEIVED THIS YR TO DATE (TONS1 12,305' LAST YR TO DATE (TON 14,051 i REGIONAL TRANSFER STATION DISPOSAL 8equim 11.0% Compost 6.7% r - Recycling 11.7% County 40.1% c G PortAngeles 0.4% 30.4% I • I � ' J •PUBLIC WORKS & UTILITIES DEPARTMENT QUARTERLY REPORT WATER Responded to 30 customer service requests Repaired 10 water service leaks Repaired 16 water main breaks; Assisted contracters as needed Replaced 13 water meters Performed required Deptartment of Health testing Repaired or replaced 0 fire hydrants Performed utility locates as requested Fire hydrant / water main flushing - 49,665 gallons Water loss due to leaks - 1,123,110 gallons _CT_ _ WASTEWATER COLLECTI_ON -- .__......._... __._ _ SOLID WASTE Accepted 7 tons of yard waste from new City of Sequim curbside yard waste program Installed re -designed lids on 150 commercial garbage containers 19% of City of Port Angeles curbside collection tons are recycled (with yard waste 269/ The average pounds per recycle cart per month is 36 16% of City of Sequim curbside collection tons are recycled 13% of materials hauled by residents to the Transfer Station are recycled in drop boxe 36% of materials hauled to Blue Mtn Transfer Station are recycled in the drop boxes Attended quarterly meeting with Waste Connections and monthly SWAC meeting Implement 2010 rates at the Transfer Station _ STREETS & PARKS Repaired asphalt and concrete utility cuts; Patched potholes citywide Viewed infrastructure at Pettit Oil alley via video equipment ' Removed downtown Christmas tree; Storm cleanup & Lincoln Park/Big Boy Pond watc Cleaned oil/water separator at the Landfill; Worked on Pump Stations #3 & #4 ' Removed 60 LF of stormwater outlet pipe at Pump Station #4 due to erosion ' Performed regular Pump Station maintenance; Viewed CSO #6 via video equipme' Traffic control for various Street maintenance activities; 263 catch basins cleaned ' Delivered 2 yards of debris to Flow Trend; Cleared plugged sewer at Les Schwab Performed repairs on City Hall, Vern Burton, Senior Center, and Wm Shore Mem Pool ' Performed utility locates as requested Cleaned ditches on Old Mill Rd. & Ahlvers Rd.; Repaired stormwater inlet at Front & O ' Installed new water seal pump at Pump Station #4 Assisted with burials, ground maintenance, and equipment servicing at Cemetery Had new manhole cage built and installed at Pump Station #4 Turf mowing & weed eating at parks & facilities; Pier Tower Safety improvements ' Jetted sanitary sewer and stormwater lines Citywide-mowed/graded/graveled/ground/educted/sweptlapplied herbicide Waterfront Trail slide cleanup; Cleaned boat launch; Made float hook repairs _ _ __ WASTEWATER TREATMENT _ Installed bollards and cable across right of way access off of Lower Elwha Road ' NPDES monthly discharge monitoring report showed no violations Pier float repairs; Fountain stair repairs; Building and Playground inspections ' Worked with local dischargers on pretreatment issues and grease trap inspectionsWorked Francis Street Park improvements; Ediz Hook float repairs; Seasonal Interviev ' Performed process control on secondary treatment system Removed fall plants from City facilities; Ordered and started planting spring flowers ' Completed monthly O & M on leachate collection and treatment systems General sign, building, and key maintenance, and curb painting - citywide Conducted CSO inspections in compliance with Pollution Prevention Plan Dead animal control citywide; Adopt a Highway and illegal dump trash pick up Submitted Crown Park Stormwater Treatment annual report to Nippon Continued street name sign conversion to new retroreflectivity standards Submitted Annual Pretreatment Report for 2009 to Dept. of Ecology Repaired sinkhole on Water Street; Repaired guardrail & fence at 5th & Tumwater Submitted draft Sediment Sampling and Analysis plan to Dept. of Ecology Developed best management practices for stormwater operations; Yearly sign survey • Submitted Authorization to Sign forth and Lab Certification form to Ecology Graded and graveled alley behind Pettit Oil; Graffiti removal on 8th St bridges Worked with consultant and Engineering Manager on new Sewer Use Ordinance Atrium tree removal and landscape improvements; Gateway restroom modifications ' Computer malfunction shut down aerators in Solids Contact Basin for 8 hours Monthly crew safety meetings; Tailgate safety meetings at job sites ' Street Leadworker Wehr received Traffic Control Supervisor recertification - - - --- EQUIPMENT SERVICES_....... � RING.... _....___ • Installed auto tarp system on ST1603; Ordered two new patrol cars _ _.. _. _. _ � _ENGINEEE . Developing flow charts for Public Works permits ' Rebuild completed on Police Vehicle No. 88; Ordered lift for PAWrP Cable Restoration construction Performed a complete brake rebuild on Wastewater leachate pump Comprehensive Water System Plan update ' Rebuilt blade and refuse box on Solid Waste packer truck #SW05800 Elwha Dam removal mitigation • Ordered hydro -seeder for Street Division; Sent ST1506 out for transmission repair • FEMA Projects design 1060.5 Total mechanic hours billed for 1/1/10 to 3/31/10 16th Street Sidewalk design Completed 381 job orders 2010 Pavement Overlays design LIGHT__OPERATIONS_ RATIONS— Repaired 38 street lights Performed 16 service connections Performed 498 electrical inspections Completed 126 utility locates • Stomtwater Phase II program implementation Private Developments construction inspection Landfill Post Closure Plan support Laurel Street Substation construction Phase I CSO Project design Dry Creek Bridge / Discovery Trail design Subdivision Reviews Water and Sewer Main Replacements design Dry Creek Water Association disconnections Civic Field Assessment consultant selection Transportation Request for Proposals (RFP) development Surveying Request for Proposals Wastewater Treatment Plant support M-17 N:\CCOUNCIL\FINAL\Recreation 1 st Quarter 2010.doc M - 18 0 City of Port Angeles Recreation Division Activities First Quarter 2010 January 1 —March 31 Vern Burton Center Main Hall Events Vern Burton Center Meeting Room Users • Memorial Service • Retired Kiwanis • Elks Hoop Shoot Competition 0 Port Angeles Fine Arts Center • Martin Luther King Youth Basketball Tournament • Harbor Works • Kids After School Program 0 Recreation Staff • Hot Spots Competition • North Olympic Baseball Association • Just Dolls of Washington - Doll Show & Sale 0 Parks Oversight Committee • Blood Drive 0 Clallam County - Various Meetings & Workshops • Presidents' Day Youth Basketball Tournament 0 Amalgamated Transit Union • Haywire Dance • Parks, Recreation & Beautification Commission • Airplanes • North Olympic Baseball Association • Pickleball • Port Angeles School District • Co-ed Volleyball 0 Human Resources • Line Dance • Alaska Whale Foundation • Western Dance • Olympic Medical Center Hollywood Night • Play Zone a Baby Shower • Senior Center Valentine Dance • Paddlers • Olympic Medical Center Hollywood Night • Peninsula Trails Coalition • Kiwanis Kids Festival • Olympic Roundup • City of Port Angeles Employee Luncheon • Kids After School Program • Junior Babe Ruth Registration • Port Angeles Swim Club • Women's Softball Port Angeles Fine Arts Center Port Angeles Senior & Community Center • New Years Day Dinner Dance - 110 participants • A Marriage of Bronze and Water 0 34 Educational Programs - 1,487 participants • Strait Art Twenty Ten • 43 Health Programs - 2,318 participants • Bottom Line Duo in Concert • 56 Social/Recreation Programs - 9,112 participants • Stage Left - A Conversation With Hatti McDaniel • St. Patrick's Day Party - 48 participants • Valentine Dance - 80 participants • St Patrick's Day Party - 35 participants • Volunteer Hours - 4,409 • Volunteers - 337 participants • 20 Rentals 1,730 participants • Memberships: City - 479 County - 201 N:\CCOUNCIL\FINAL\Recreation 1 st Quarter 2010.doc M - 18 0 • • • N:\CCOUNCIL\FINAL\Recreation I st Quarter 2010.doc M-19 William Shore Memorial Pool Youth Family & Adult Programs • Water Aerobics, Deep Water, Combo Aerobics, and Water • After School Program — 41 Kids Enrolled Walking • After School Program — Average 33 Per Day • Egg Hunt at the Pool — 232 participants. 1200+ eggs • Pre -K Play Zone — Averaged 10 Per Week • St. Patrick's Day Treasure Hunt • Line Dance Lessons — Averaged 25 Per Class • Lesson Program — 451 students registered • Country Western Dance Classes - - Average of 45 • Private Lessons Couples Per Class • Lifeguard Training Classes • All Day Kids Program — 12 Kids Registered • Port Angeles Swim Club • United State Coast Guard Rescue Swimmers • Port Angeles High School Swim Meets: January and February • PAHS Disabled Swim Classes • Port Angeles Boy's Swim Team practices and meets • Special Olympics Swim Team practices on Fridays Special Event Programs Sorts Programs • Martin Luther King Youth Basketball Tournament — 41 teams • Pickle Ball — 71 Participants • Hot Spots Youth Basketball Skills Competition —17 0 Adult Co -Ed Volleyball — 82 participants participants 42 City; 40 non -City residents • Presidents' Day Youth Basketball Tournament — 44 teams • Adult Basketball — 119 participants • Spring Hoopfest Youth Basketball Tournament — 23 teams 68 City; 51 non -City residents • April Fools' Extravaganza Basketball Tournament — 14 teams e Women's Basketball — 49 participants 39 City; 10 non -City residents • Co -Ed Soccer — 146 participants City Pier EventsCouncil Chamber Users • None • City Council Meetings • Planning • Board of Adjustments • Clallam County DUI Victims Panel • Fire Department • Clallam County Workshops • Clallam County Historical Society • City of Port Angeles Light Ops. N:\CCOUNCIL\FINAL\Recreation I st Quarter 2010.doc M-19 CITY OF PORT ANGELES -RECREATION DIVISION HOTEL/MOTEL GRANT REPORT FIRST QUARTER REPORT JANUARY 1, 2010 - MARCH 31, 2010 The Port Angeles Recreation Division has been very busy during the first quarter of 2010 with recreational activities that have brought additional visitors to Port Angeles. In keeping with our goal to impact tourism through the promotion and hosting of recreational events, we respectfully submit our First Quarter Report. We promoted and coordinated four youth basketball tournaments during the first quarter, the Martin Luther King Invitational, the Presidents' Day Classic, the Spring Hoopfest Tournament, and the April Fools Extravaganza. 1" Quarter Sports Events Date Event Total Out -Of -Town Teams Teams Jan.16-17 Martin Luther King Invitational 41 37 (youth basketball) Feb. 13-14 Presidents Day Classic 44 38 (youth basketball) March 6-7 Spring Hoopfest 23 18 (youth basketball) March 27-28 April Fools Extravaganza 14 10 (youth basketball) In summary, it is estimated that the four events held during the first quarter of 2010 attracted over 2,000 visitors, generating over $240,000.00 in direct economic impact to the city of Port Angeles. M-20 • • r� MEMO FINANCE DEPARTIIENT Yvonne Ziomkowski Finance Director [4601] Carol A Hagar Admin. Asst. [4600] Therese Agesson Sr. Accountant [4615] *Rebecca Horton Sr. Accountant [4602] Trina i\NevariI Sr. Accountant [4624] Sherry Wright Sr. Accountant [4606] • PQRT ANGELES W A S H I N G T O N, U. S. A. DATE: APRIL 20, 2010 To: CITY CouNcm FROM: YVON TINT ZIOMKOWSKI, FINANCE DIRECTOR SUBJECT: FL\`ANCIAL ADVISOR Steve Gaidos, of Steve Gaidos Consulting, retired in February 2010, after serving as the City's financial advisor for ten years. His most recent effort on behalf of the City involved assisting with refunding the 1998 Water & Wastewater bonds, which saved ratepayers nearly $570,000 in debt service payments over the remaining life of the bond. With additional bond issues on the horizon, it is necessary to move forward with a new financial advisor who will work closely with the City's underwriter and bond counsel in issuing future bonds. The financial. advisor will coordinate the effort to secure funds at the lowest interest cost, provide assistance with preparing presentations for bond rating agencies, as well as bond issue documents. Jane Towery, Managing Director of Piper Jaffray & Co., has more than 25 years of experience in public finance and investment banking, including public finance at Bank of America Securities in Seattle. Ms. Towery was previously employed at a public utility and has a good understanding of utility issues. She is well known in Washington for providing outstanding service and financial expertise, as well as providing training for the governmental professional organizations. She has assisted as an underwriter or financial advisor in issuing over $2.5 trillion of municipal debt. Ms. Towery has also worked with the City's current underwriter and bond counsel on previous bond issues for other municipalities, which will ensure a cohesive bond team. She is a graduate of the University of Washington with a degree in engineering and an MBA in Finance and Quantitative Analysis. We are excited to welcome Jane as the newest addition to our bond team. M-21 Community and Economic Development Department Code Compliance Quarterly Report January —March 2010 TYPE OF VIOLATION NEW VIOLATIONS RESOLVED UNRESOLVED SIGN CODE 58 30 28 OVERGROWN VEGETATION 10 7 3 JUNK CARS 16 12 4 TRASH AND DEBRIS 14 7 7 ZONING/LAND USE 35 30 5 STORMWATER 6 5 1 LAND USE/PUBLIC WORKS 3 3 0 MISCELLANEOUS 6 6 0 GRAFFITI 5 5 0 ENVIRONMENTAL 5 5 0 TOTALS 158 110 48 • Code Compliance Issues can be reported directly to Code Compliance Officer Patrick Bartholick 417-4712 or via email codecompliance@cityofpa.us M - 22 C[a[lamEDC • Clallam County Economic Development Council March 31, 2010 TO: Nathan West FR: Linda Rotmark RE: Quarter 1, 2010 Report Exhibit A, Contract Deliverables La.: Describe the results of the EDC's efforts to support City and County -wide economic development strategies. In response to the primary economic development strategies that include business retention, development/attraction and expansion, the following activities occurred during the fourth quarter of 2009. Business Retention: • 3 KONP programs promoting business tools & programs with guest experts (county wide) • Worked extensively for PenPly in identifying and securing "Bank A' (Sound Community Bank) and "Bank B" (Shorebank). These two banks then allowed the Department of Commerce fimding to occur. PenPly is opened and operating first quarter 2010. Business Development o Participating in transition of CBI including back office activities since November 11, 2009. . o Designated Chair of start up Finance Development Authority. First quarter activities include development of work plan, identification of expert advisor in development of business plan, articles of incorporation, bylaws, and application to IRS for 501 c3 status. o Also, in discussion with Department of Commerce Microloan Funds with the possibility of the $1.6 million loan fund housed within the FDA ■ EDC supported? SCORE appointments (new business potential ■ Jan 7 -- (1 Retail, 2 Prof services, 2 manufacturing, 1 retail, 1 restaurant) 2 seq, 14 Pal 1cb • Feb 12 -- ( 2 construction, 1 textile mfg, 1 equipment mfg, 1 metal recycling, 3 professional svcs , 1 hospitality, 3 retail) 1pa, 1 seq, ■ March 9 -- (1 construction, 3 professional svc, 1 nonprofit, 1 online svc, 1 food co- op, 1 retail, 1 tourism) ffa, 1 cb Business Recruitment o Responded to inquiry from Atlas Technologies in partnership with Port of Port Angeles (Jefferson County business that wants to expand to Port Angeles). Additional activities that may positively affect the economic climate in and around Port Angeles: • Access to Healthcare Committee Member (eastern county) • Peninsula Development District Council Treasurer (regional) ECONOMIC DEVELOPMENT COUNCIL • A PRNATE NON-PROFIT CORPORATION WORKING FOR BUSINESSES IN CLALLAM COUNTY 905 W. 9th Suites 137.139 * PO Box 1085 • Port Angeles, WA 98362 M -23 ClallamEDC CIallam County Economic Development Council • o Regional, mostly infrastructure, projects including City of Port Angeles alternative traffic route proposal • North Olympic Peninsula Resource Conservation and Development Council Treasurer (regional) o Natural Resources Economic Development Focus • Olympic Workforce Development Council Executive Board (regional) o Youth employment project and working on committee for grant supporting green jobs in district. • North Olympic Peninsula Skills Center Administrative Council (countywide) o Represents all five school districts and Peninsula College • Workforce Training Advisory Committee (county wide) co chair 2009/10 school year • PA Forward Committee Member in good standing • Innovation Partnership Zone administrator (regional) 1. b. $4.5 million project PenPly $2 million for biomass production 1. c. New business/people joined as members New members for I" Quarter 2010 Paris Bishop Seven Cedar Casino Costco l.d. n/a PenPly and Nippon (biomass grant) 1. e. Meet regularly with City Manager and Economic Development Director regarding specific projects • Significant activity in developing the Economic Summit project. 2. Included in packet is the quarterly financial report. We have a Board of Directors membership committee whose goal is to increase membership. ECONOMIC DEVELOPMENT COUNCIL A PRIVATE NON-PROFIT CORPORATION WORKING FOR BUSINESSES IN CLALLAM COUNTY • 905 W. 91', Suites 137-139 • PO Box 1085 • Port Angeles, WA 98362 M -24 OLYMPIC REGION CLEAN AIR AGENCY • 2940 B LIMITED LANE NW OLYMPIA WA 98502 Regular Meeting April 14, 2010 10:00 am Be courteous — Please silence all cell phones I. CALL TO ORDER Election of Board Officers II. APPROVAL OF AGENDA (Ask for any corrections, additions/omissions) III. CONSENT AGENDA Minutes of Regular Meeting, March 10, 2010 Expenditures and Disbursements approved for payment for the period February ##, 2010 — March ##, 2010: Warrants and wire transfers: ###>## through Payroll: through • IV. PUBLIC HEARING 1. Regulation Revisions V. DIRECTOR'S REPORT 1. Compliance Update 2. ORCAA Permit Actions 3. Education and Outreach 4. Administrative Update 5. Air Quality Summary VI. EXECUTIVE SESSION To discuss any matter suitable for Executive Session under RCW 42.30.110 VII. ADJOURN • M-25 OLYMPIC REGION CLEAN AIR AGENCY 2940 B Limited Lane NW Olympia, Washington 98502 • BOARD OF DIRECTORS MEETING March 10, 2010 Members present: Clay Harwood, Pacific County (Chair) Phil Johnson, Jefferson County Cynthia Pratt, City of Lacey Dan Di Guilio, City of Port Angeles Art Starry, Thurston County Craig Ottavelli, City of Olympia (Vice Chair) Emmett Dobey for Lynda Ring -Erickson, Mason County Members absent: Terry Willis, Grays Harbor County Mike Doherty, Clallam County Ecology: Phyllis Baas Legal Counsel: Fred Gentry of Bean, Gentry, Wheeler & Peternell Staff Present: Fran McNair, Executive Director; Robert Moody, Compliance Supervisor, Mark Goodin, Professional Engineer; Dan Nelson, Public Information Officer; Lynn Harding, Administrative Services Manager; Jimmy Werner, Senior Air Monitoring Technician; and Debbie Moody, Recorder The meeting was called to order at 10:03 a.m. • There were no additions or omissions to the Agenda. Ottavelli moved approval of the Agenda. Di Guilio seconded the motion and it carried unanimously. Harwood noted the Consent Agenda consisted of February 10, 2010 Minutes as well as the Warrants and wire transfers 63002649 through 63002685 in the amount of $25,833.14; and Payroll 299857 through 299874 in the amount $120,919.74 for February 5, 2010 through March 4, 2010. Ottavelli moved approval of the Consent Agenda. Pratt seconded the motion and it carried unanimously. DIRECTOR'S REPORT Compliance Update Robert Moody, Compliance Supervisor, noted we continue to receive complaints regarding Silver Springs. We have a meeting scheduled with them to discuss several issues and see if we can't encourage them towards better compliance. We have recently been dealing with a demolition project in Forks that has reached the local news level. A demolition occurred and the benefit went to the local Lions Club. We have issued a Notice of Violation to the property owner for performing a demolition without a permit, asbestos survey, improperly trained personnel, etc. Ottavelli questioned the location of a source on the compliance report, noting it stated Olympia. R.Moody explained the reports are based on the mailing address and the source in question is actually located in the county. ORCAA Permit Actions • Goodin went over a few of the active permits. Department of Informational Services is a rattler laW_ 2 project. They are working with us on permitting their emergency generators. There are some •significant issues and we continue to work with them. We are also working with the Forks High School regarding their wood fired boiler. Basically it is a small biomass boiler, but it is the first in the state, of a boiler this size to have a bag -house to control their emissions. PenPly is one of our major sources and we are currently working on the AOP. There are a few small issues, but we are confident they will be quickly resolved. This facility used to be Kply and we'll be using the existing permit with modifications. We are hoping to issue the permit in early May. Di Guilio asked about their startup schedule. Goodin stated they have started up some equipment and currently their multi -clone has some issues. Johnson asked about the backup generators that had been installed at Indian Island; wondering if we have inspected them. Goodin stated their permit had been approved and they have been inspected. Ottavelli stated he is interested in the DIS project. McNair stated we could keep him in the loop. Basically what happened is their SEPA wasn't sufficient and we caught it. Then they began building and we stated they couldn't put the generators in place without permits. We continue to work with their contractors to get this permit underway. Ottavelli asked if this is working toward resolution. McNair and Goodin both stated things are going well at this point. They had applied for less air pollution controls and we are standing our ground and expect to resolve all the issues. McNair noted if we anticipate issues we will contact the Board. Phyllis Baas, Department of Ecology, added that she is part of the neighborhood association that this source impacts and we do not want it there. We do not want the generators and she was sure the neighborhood will continue to battle via the process. • Dobey asked if Adage is still moving forward. Goodin noted we have not yet received the permit, but it is our understanding they want to move forward. Dobey stated they are meeting with Mason County today for a pre -application conference. Pratt, noting Ryan's Detailing, asked about after -the -fact permitting. Goodin stated we run across this now and again. This particular source has been given final approval and is in compliance. Goodin didn't know about the enforcement side of the project but could get the information to her. Pratt stated she would like to know the status. Harwood asked the status of Pacific Gro. R.Moody stated we have two outstanding notices of violations that were primarily dealing with odors but do have Notice of Construction issues as well. Harwood noted Seaport Lumber has been shut down and heard they were working on getting up and running again. Staff stated they would look into Seaport. Education and Outreach Dan Nelson, Public Information Officer, explained we are participating in a statewide education program with regards to woodsmoke, funded mostly by legislative grants administered through Ecology. Our goal is to identify people that use wood burning appliances and find out how to influence them to change their behavior toward cleaner burning or better, to cleaner appliances. We'll be sending out a survey to find out what motivates the users and see what we can find out about them and what would make them change their behavior. Harwood wanted to extend a thank you to staff for working closely with KINGS. Nelson stated we did •get a thank you and they have pledged future cooperation. Because of the recognition the Board announced last month, there has been a big influence in Spokane, Boise and Portland since they are M-27 affiliates of Northwest Cable News. They are also very appreciative of the Washington Burn Ban website and it has had buy in from all of the stake holders in Washington State. • Pratt asked if there has been a decision made on how the survey (woodstove) will be conducted—will it be by mail or phone. Nelson noted it will be a phone survey conducted by Elway Research. Nelson also noted the 2000 census data showed the woodstove usage on a statewide average, we are only looking at about 5% of households. Some of our counties are among the highest in the state. Clallam County households amount to about 16% that regularly use wood burning appliances, while Jefferson County is around 19%. Ottavelli noted the KING5 recognition was great, and it happened around the time he had presented the information board and cards to the city. While he was presenting the information he realized that he didn't leverage the information as well as he could have and asked that staff come to council meetings in the future – get on the agenda and make a proper presentation. Ottavelli noted their meetings are televised and staff would be able to do a much better job of getting the right information out. Nelson noted he is willing to come to any of the council meetings, and noted he was sure McNair would as well. Ottavelli noted he would like to plan a session in coordination with the move to the new city hall. Administrative Services Update Lynn Harding, Administrative Services Manager, stated she received the final audit report. Harding wanted to remind the finance committee (Ring -Erickson, Willis, Harwood) that we will meet prior to the April 14" Board meeting. We will be showing the finance committee a draft of our FY11 budget. McNair noted there is a public hearing set for the April meeting. We will be discussing the regulation changes. McNair briefly went over legislative updates. The greenhouse gas bill at the House didn't go anywhere, but the Senate bill passed. The agriculture fee has passed and is going to the Governor. . There was a storm water bill that we were hoping would pass as it had an air component in it—pretty much everything was stripped out of it but we have heard there is a new bill that has most of the language from the original bill and if it passes and there is any additional funding for us, we'll let you know. McNair noted we are having some issues with the Cheeka Peak funding. We had budgeted $75,000 after having been told this site was of national significance and was to be elevated to an NCore site. We recently learned we are getting less money. We have been in discussion with EPA staff in Region 10 and DC. We have not given up on additional funds; however we know that if we get less money we will be curbing what we are doing for a year. They want to give us $95,000 for capital, so we are able to get additional equipment to bring it up to speed so that January 1, 2011, it would be a ready to go NCore site and the funding would then be available. McNair noted she discussed the biomass project at the Air Quality Managers meeting, noting we need an additional $20,000. An EPA staff member stated she is looking for some money for us, but we noted that we will only go as far as we can with the monies we have. We will get a good product at the end of the project even without the $20,000. We will get a good model, but we would like to see the project through. McNair stated the President has budgeted about $50 million (nationwide) for monitoring. Some of that money will be for capital equipment, but there are a lot of new regulations and this will increase the need for monitoring. Ottavelli asked if McNair was preparing the legislative update each month. McNair stated she receives it from a contact at Ecology. So, Ottavelli continued, we have a legislative liaison? McNair explained we do not have our own liaison, but we have support from Ecology. Ottavelli asked if we need to think • about having our own liaison and should this be something we should add into the budget. McNair M-28 4 noted PSCAA has a lobbyist. McNair explained that she has been testifying on behalf of the Air Managers group, and has taken on the role of liaison for the local airs. dttavelli noted he wanted to be sure the legislative work McNair is doing isn't to the detriment of other tasks, as well as wanting to recognize her work as liaison and whether or not we need to make an investment in that. McNair stated she felt we are doing fine and we will continue to work with PSCAA. Pratt asked who McNair represents when she signs in at a session. McNair noted she is supporting Ecology and if she disagreed with their stance, she would let the Board know. McNair explained she does her best to meet with the players and work out any issues prior to session so we can support what comes out during the legislative session. Baas explained it is nice to have separate air directors' support because sometimes Ecology is bound by the Governor's discussion or the OFM. Having the directors come in and give a different input can be an asset. Johnson noted if staff ever needs backup testimony, he and Doherty would be happy to do so. Air Quality Summary Jimmy Werner, Senior Air Quality Technician, wanted to briefly go over the Air Quality Index (AQI), Werner noted this is an air pollution index based on pollutants and is calculated into a user friendly format. The format is a color coded index that the general public is able to utilize. For example levels of 0-50 shows up as green and means "good" Werner explained. There are six levels used in the AQI, from good to hazardous. Werner stated as the pollutant standards are revised the levels change. Werner explained we post our forecasts on the web and people can check on the pollution levels on our 40 website as well. We are currently working on the budget for our Cheeks Peak site. We need some funds to upgrade and replace equipment. We want to get the site up to NCore standards by January 1, 2011. Di Guilio reminded staff that he had requested an organizational chart for ORCAA. Nelson provided the copy. EXECUTIVE SESSION Executive Director's Evaluation Harwood asked for a 5 minute recess prior to going into Executive Session. He noted Executive Session would begin at 11:00am and should last 20 minutes. At 11:20 am Harwood announced the meeting would continue for an additional 10 minutes. The meeting reconvened at 1 '1:32am. Harwood noted the Board discussed the Director's evaluation and contract. There was no action taken during the session, Di Guilio made a motion to set the salary for the Executive Director at $99,750 annually, increase the vacation by 2 days annually and offer a 2 year contract. ,Johnson seconded the motion. Harwood asked for further discussion. Johnson suggested the 2 year contract be negotiated. Di Guilio added to his motion, that there is a wage opener in the 2"d year. Harwood called for the question. The motion carried unanimously. M-29 Gentry asked for clarification on verbiage for the contract. Di Guilio stated the contract would be opened in the 2nd year for salary negotiations. 0 Ottavelli noted, per the discussion that we have had, the goals and objectives in the framework are part of the contract so that we have a clear path for evaluation in the future. Gentry stated he would reward the contract and get it to the Board for final signature at the April meeting. ADJOURNMENT The meeting adjourned at 11:36 am PRESENTED BY: Francea L. McNair, Executive Director APPROVED BY: APPROVED and SIGNED this day of 2010 M-30 • E M-31 omIns Inspections Completed p p Printed 4/6/2010 1:33:51 PM Between 3/4/2010 and 4/6/2010 Insp. Date Inspection Type File # Source Name Location AD 03/04/2010 Unannounced 102 TWICE CLEANERS OLYMPIA 03/04/2010 Unannounced 350 NISQUALLY CLEANERS OLYMPIA 03/04/2010 Driveby 646 EASTSIDE CLEANERS OLYMPIA 03/09/2010 Source Test 991 CHEVRON 490956-TROSPER TUMWATER 03/11/2010 Source Test 861 7 -ELEVEN 18653 - PACIFIC LACEY 03/15/2010 Unannounced 646 EASTSIDE CLEANERS OLYMPIA 03/15/2010 Unannounced 902 CIRCLE K 42705577 TUMWATER 03/18/2010 Source Test 991 CHEVRON #90956-TROSPER TUMWATER 03/19/2010 Announced 805 DOORS UNLIMITED OLYMPIA 03/12/2010 Unannounced 996 CHEVRON 499975 - MARVIN LACEY 03/22/2010 Unannounced 237 7 -ELEVEN 32832 - CROSBY BLVD TUMWATER 03/22/2010 Unannounced 991 CHEVRON 490956-TROSPER TUMWATER 03/22/2010 Unannounced 519 COSTCO GASOLINE FACILITY 464 - TU TUMWATER • 03/22/2010 Unannounced 1026 CIRCLE K #2705496 LACEY 03/26/2010 Unannounced 575 SAFEWAY - MARTIN WAY 41952 OLYMPIA 03/26/2010 Unannounced 1007 EAST BAY SHELL OLYMPIA 03/26/2010 Unannounced 205 JIMS MARKET AND GAS LACEY 03/26/2010 Unannounced 220 LACEY FOOD MART LACEY 03/26/2010 Unannounced 839 ARCO #4435 BPWC #739 - SLEATER KIN LACEY 04/05/2010 Unannounced 861 7 -ELEVEN 18653 -PACIFIC LACEY 04/05/2010 Unannounced 1028 CIRCLE K #2705082 LACEY 04/06/2010 Source Test 996 CHEVRON #99975 - MARVIN LACEY FLM 03/22/2010 Announced 1236 IMPERIUM GRAYS HARBOR LLC HOQUTAM GG 03/19/2010 Announced 805 DOORS UNLIMITED OLYMPIA 03/22/2010 Announced 1236 IMPERIUM GRAYS HARBOR LLC HOQUTAM MS 03/10/2010 Unannounced 576 WIL LAPA BAY HARDWOODS - RAYMO RAYMOND • Page 1 of 3 M-31 Insp. Date Inspection Type File # Source Name Location • 03/10/2010 Driveby 372 ELMA ROCK N REDI MIX ELMA 03/11/2010 Unannounced 287 LITTLE HOQUTAM BOAT SHOP HOQUTAM 03/11/2010 Unannounced 724 MUMS REPAIR SHOP RAYMOND 03/11/2010 Unannounced 280 SUN CORP - HOQUTAM HOQUTAM 03/11/2010 Announced 614 MASCO PETROLEUM - ABERDEEN ABERDEEN 03/11/2010 Business Assistance 841 ABERDEEN ARCO ABERDEEN 03/15/2010 Unannounced 830 ARCO 44469 BPWC - ROCHESTER ROCHESTER 03/17/2010 Driveby 1186 GRAYS HARBOR ENERGY LLC ELMA 03/1812010 Driveby 1186 GRAYS HARBOR ENERGY LLC ELMA 03/22/2010 Announced 1236 DAPERIUM GRAYS HARBOR LLC HOQUTAM 03/22/2010 Driveby 1217 PREMIUM PAK HOQUTAM 03/24/2010 Announced 884 HIGHWAY 101 CARDLOCK HOQUTAM 03/24/2010 Announced 879 ELMA PLANT ELMA 03/24/2010 Announced 1077 ELMA CARDLOCK ELMA 03/24/2010 Announced 1072 SOUTHSIDE CARDLOCK ABERDEEN 03/24/2010 Announced 1070 MINI MART - ABERDEEN ABERDEEN 03/26/2010 Unannounced 324 SUPER CLEANERS LACEY • 03/26/2010 Unannounced 649 RITZ CLEANERS LACEY 03/31/2010 Unannounced 584 BILLS AUTO BODY LONG BEACH 03/31/2010 Announced 844 PIONEER FUEL INC LONG BEACH 03/31/2010 Unannounced 371 SEAVIEW ONE STOP SEAVIEW 04/01/2010 Unannounced 1019 7 -ELEVEN 24379 - MARKET ABERDEEN 04/01/2010 Driveby 1217 PREMIUM PAK HOQUTAM 04/05/2010 Unannounced 987 SANDYS DELI MART INC BELFAIR 04/05/2010 Driveby 1200 ATLAS SHELTON SHELTON. 04/05/2010 Driveby 570 MASON COUNTY FOREST PRODUCTS SHELTON 04/05/2010 Driveby 532 SHEARER BROS CHIPPER LLC SHELTON 04/05/2010 Driveby 110 MILES SAND & GRAVEL - SHELTON FA SHELTON 04/05/2010 Driveby 1235 NORTH MASON FIBER CO INC BELFAIR RC 03/15/2010 Business Assistance 228 OLYMPIC PANEL PRODUCTS LLC SHELTON 03/16/2010 Driveby 696 LAKESIDE INDUSTRIES - PORT ANGEL PORT ANGELES Pale 2 of 3 • M -32 • Insp. Date Inspection Type File # Source Name Location 03/16/2010 Business Assistance 368 PENPLY PORT ANGELES 03/17/2010 Driveby 260 ANSTETT AUTO BODY PORT ANGELES 03/17/2010 Driveby 657 LOPEZ GOOD IMPRESSIONS CLEANER SEQUIM 03/17/2010 Driveby 368 PENPLY PORT ANGELES 03/17/2010 Unannounced 692 BLIEMEISTER WOODWORKS SEQUIM 03/18/2010 Unannounced 1156 RIGBYS AUTO BODY FORKS 03/18/2010 Unannounced 832 BURNT MOUNTAIN STORE Sappho 03/18/2010 Driveby 619 INTERFOR PACIFIC INC - FORKS DMSI FORKS 03/22/2010 Unannounced 160 LITTLE PAULS TOY SHOP PORT ANGELES 03/22/2010 Driveby 260 ANSTETT AUTO BODY PORT ANGELES 03/22/2010 Driveby 403 ARMOR COATINGS SEQUIM 03/22/2010 Unannounced 696 LAKESIDE INDUSTRIES - PORT ANGEL PORT ANGELES 03/22/2010 Driveby 657 LOPEZ GOOD IMPRESSIONS CLEANER SEQUIM 03/25/2010 Unannounced 657 LOPEZ GOOD IMPRESSIONS CLEANER SEQUIM 03/30/2010 Driveby 368 PENPLY PORT ANGELES RTM • 03/30/2010 AOP Partial Compliance Evaluation 424 SIMPSON LUMBER CO LLC SHELTON 03/31/2010 Announced 569 CLALLAM BAY CORRECTIONS CENTE CLALLAM BAY SS 03/05/2010 Source Test 840 ARCO #5719 BPWC - PORT ANGELES PORT ANGELES 03/05/2010 Source Test 254 QUALITY FOOD CENTERS #841 FUEL S SEQUIM 03/11/2010 Unannounced 725 CROSSROADS COLLISION CENTER OLYMPIA 03/11/2010 Unannounced 1244 CAPITOL CITY PRESS TUMWATER 03/18/2010 Unannounced 775 FLORY CABINETS LLC YELM 03/18/2010 Unannounced 852 SAFEWAY - YELM # 1619 YELM 03/18/2010 Unannounced 853 SAFEWAY - MARTIN WAY E #1173 LACEY 03/23/2010 Driveby 767 SILVER SPRINGS ORGANICS LLC RAINIER 03/24/2010 Unannounced 767 SILVER SPRINGS ORGANICS LLC RAINIER 03/30/2010 Driveby 767 SILVER SPRINGS ORGANICS LLC RAINIER 03/30/2010 Unannounced 567 MAACO AUTO PAINTING AND BODY LACEY 03/30/2010 Unannounced 950 BROGAN AUTO REPAIR RAINIER • Page 3 of 3 i i M-33 Asbestos Permit Status Report Tuesday, April 06, 2010 Page 1 of 2 M-34 Completion Date Actual Permit # Staff Recd Address City Status Completion 09ASB002660 AD 3/30/2009 2651 Martin Way Olympia 4/2/09 AD asbestos permit for 3 structure 4/1/2010 09ASB002772 AD 8/7/2009 1717 E. Beacon Street Montesano First amendment 8/18/09 -on hold. Kie 8/ 09ASB002850 AD 10/26/2009 1901 Legion Way SE Olympia 6/1/2010 09ASB002880 MS 12/8/2009 110 W. Franklin Street Shelton 1/4/10 - On hold via a phone call from De 09ASB002881 RTM 12/9/2009 Capitol Campus Olympia 12/31/2010 09ASB002886 RTM 12/17/2009 See attached List Olympia 12/31/2010 09ASB002889 SS 12/22/2009 504 -15th Avenue Olympia 6/30/2010 10ASB002908 MS 1/19/2010 2321 West Dayton Airport Rd Shelton Annual permit. Quantities to be reported 10ASB002939 AD 2/17/2010 12076 Sol Duc Hot Springs Road Port Angeles 445 4/30/2010 10ASB002947 AD 3/3/2010 834 Sheridan Street Port Townsend 1st amend - project stalled 3/25/10 Don fr 4/4/2010 10ASB002954 AD 3/9/2010 5608 Pacific Ave SE Lacey 4/5/2010 10ASB002956 SS 3/11/2010 2700 Evergreen Parkway NW Olympia will contact us with the exact address of t 3/28/2010 10ASB002962 SS 3/19/2010 2001 26th Ave NE Olympia 4/15/2010 4/2/2010 10ASB002964 MS 3/22/2010 244 Robert Gray Or Ilwaco 4/6/2010 10ASB002965 AD 3/22/2010 4939 W Mud Bay Rd Olympia Need survey before demo can be approve 4/2/2010 10ASB002967 SS 3/22/2010 7219 Cieanwater Lane Building 15 Olympia 04/02/10 Closed Ad 3/26/2010 10ASB002968 AD 3/23/2010 100 NE Bear Creek DeWatto Road Beifair 7/5/2010 10ASB002970 MS 3/26/2010 541 East Plantation Way Shelton 4/5/10 -1st amendment - additional 25 sq 10ASB002971 MS 3/26/2010 223 East 4th Street Port Angeles 4/9/2010 10ASB002972 RC 3/27/2010 1409 Monroe St Port Townsend (note that she wrote Port Orchard on per 4/8/2010 10ASB002973 RC 3/29/2010 510 Collins St Forks 4/12/2010 10ASB002974 AD 3/31/2010 6825 Condor Loop NE Olympia 4/1/2010 Tuesday, April 06, 2010 Page 1 of 2 M-34 Permit # Staff Recd Completion Date Actual Address City Status Completion 10ASB002975 MS 3/31/2010 1521 Washington Ave Long Beach 4/1/10 invoice mailed to city 4/7/2010 10ASB002976 SS 4/1/2010 340 North Ayock Beach Drive Lllliwaup 4/15/2010 j 10ASB002977 AD 4/1/2010 3645 W. Mud Bay Road Olympia building @ 210 Kaiser has roof sealent w/ 4/14/2010 10ASB002978 AD 4/1/2010 Buildings 71, 82,168 and 171 Indian Island Need NEW survey. Current survey not N 5/7/2010 10ASB002980 AD 4/5/2010 12245 Tilley Road S. Olympia 4/22/2010 10ASB002981 SS 4/5/2010 5645 Old Hwy 410 SW Olympia unsure of the start date 10ASB002982 AD 4/6/2010 507 Edison Street SE Olympia 4/1/2010 Tuesday, April 06, 2010 Page 2 of 2 M-35 i I Demolition Permit Status Report Permit# Rec'd Staff Address City Status Asb Survey Asb Perm it# 09DEM002287 2/2/2009 RC 131 Shore Drive Port Ludlow ❑ ASB 09DEM002323 3/25/2009 AD 981 Gibbs Lake Road Chimacum 07/20/09 Parks and Rec'- Not reside ❑ ASB 09DEM002342 4/13/2009 AD 25602 Z Street Ilwaco ❑ ASB 09DEM002345 4/17/2009 AD 127 Daniels Street Aberdeen ASB 09DEM002357 4/23/2009 MS 3101 W. 1st Street Hoquiam ASB 09DEM002361 4/28/2009 MS 804 First St Westport 0 ASB 09DEM002362 4/28/2009 MS 680 W Spokane Westport © ASB 09DEM002375 5/11/2009 RC 2025 Keller Dr Port Angeles RC: The application was dropped off ASB 09DEM002385 5/18/2009 MS 4611 Tumwater Valley Dr Tumwater will be contacting us with contractors ASB 09DEM002409 6/11/2009 AD 301 Ocean Beach Blvd North Long Beach On hold- Until after bum ban © ASB 09DEM002416 6/18!2009 AD 100 E. North Bay Place Allyn 06/18/09 AD contacted Ray, builder. © ASB 09DEM002417 6/19/2009 AD 65th and Sandridge Road Long Beach Pack FD #1 training bum. Mike K ASB 09DEM002430 7/13/2009 AD 917 Yelm Avenue West Yelm 10/27/09 AD talked to Scott Ritter. T © ASB 09DEM002434 7/17/2009 AD 300 Disney Road Nordland © ASB 09DEM002440 7/22/2009 AD 2620 Simpson Avenue Hoquiam Case on hold until May and June of 2 ❑ ASB 09DEM002466 9/16/2009 AD 4830 Pacific Avenue se #12 Lacey Asbestos abatement completed 10/2 ❑ ASB 09DEM002482 10/6/2009 AD 1600 Sleater Kinney Road SE Lacey 10/06/09 AD waiting on asbestos re R1 ASB 09DEM002483 10/9/2009 SS 3748 80th Ave SE Olympia R1 ASB 09DEM002486 10/13/2009 AD 2112 S. Capital Way S. Olympia 10/13/09 AD called owner. She will n ❑ ASB 09DEM002513 11/16/2009 SS 292 Oyster House Road Sequim 11/16/09 - On hold until we get a star © ASB 09DEM002517 11/20/2009 MS 3152 SR 109 Copalis Beach No asbestos survey, no contractor. 0 ASB 09DEM002524 12/3/2009 MS 4911 Sequim Dungeness Way Sequim ASB 09DEM002529 12/8/2009 SS 341 Verner Avenue Port Ludlow 12115/09 - received payment. $35.00 ❑ ASB Tuesday, April 06, 2010 Page 1 of 3 M-36 i • Permit# Recd Staff Address City Status Asb Survey Asb Permit # 09DEM002530 12/10/2009 SS 41 Hiller Dr Port Hadlock ❑ ASB 09DEM002539 12/28/2009 MS 2525 Capital Mall DR SW Olympia Note: Dates handwritten by Kathy on ❑ ASB 09DEM002540 12/30/2009 SS 6210 Prather Road SW Centralia ❑ ASB 10DEM002545 1/11/2010 SS 324 Bromley Lane NE Olympia Customer sent in pictures of barn. K ❑ ASB IODEM002546 1/12/2010 MS 20 Appaloosa Place Brinnon ASB 10DEM002552 1/22/2010 SS 2802 Pacific Avenue Olympia © ASB IODEM002553 1/29/2010 SS 716 Wilson Street Olympia © ASB 10DEM002561 2/16/2010 AD 2621 E Johns Prairie Rd Shelton 2/16/10. On hold until we get a demo © ASB IODEM002566 2/19/2010 AD 415 West Wishkah Street Aberdeen 02/19/10 Waiting on asbestos remov ASB 1ODEM002567 2/19/2010 MS 29528 G Street Ocean Park (too general start/finish dates) kle ASB IODEM002574 2/24/2010 RTM 7802 Diagonal Road, N.E. Olympia ASB IODEM002580 3/1/2010 AD 111 West Deytona Street Sequim ASB IODEM002581 3/3/2010 AD 1698 Fairmont Ave Shelton ASB I ODEM002582 3/3/2010 AD 7624 Shore Street Olympa 3/3/10 AD needs new survey. Lab re ASB IODEM002583 3/4/2010 SS 30 W Hemlock Place Elma ASB IODEM002586 3/4/2010 AD 621 Ellinor Ave Shelton paid $25. OK DJM. City of shelton h ASB IODEM002589 3/9/2010 MS 230 Mario Or Sequim Pictures show that the building is a ❑ ASB I ODEM002590 3/9/2010 SS 3232-3236 18th Ave Se Olympia © ASB I ODEM002594 3/15/2010 MS 705 Perry St Hoquiam 3/15 - invoiced dim © ASB 10DEM002595 3/16/2010 RC 326 Wildwood Lane Sequim Owner provided letter than CCFD#3 I ASB 10DEM002597 3/16/2010 MS 1109 Wheeler Avenue Hoquiam Old permit of 09DEM00400 was tak ❑ ASB I ODEM002599 3/17/2010 AD 604 Pattison St NE Olympia © ASB I ODEM002600 3/17/2010 RC 235471 Hwy 101 Port Angeles © ASB I ODEM002601 3/19/2010 RC 261 South Bay Way Port Ludlow sent in $35 for residential fee - based 0 ASB 10DEM002603 3/22/2010 16822 Sorbus Ct Yelm commercial property (rentao - they wi ❑ ASB I uesday, April 06, 2010 Page 2 of 3 M-37 Permit# Recd Staff Address City Status Asb Survey Asb Permit # 10DEM002604 3/22/2010 SS 7632 Cooper Pt Rd NW Olympia R1 ASB 10DEM002605 3/22/2010 MS 310 4th Long Beach This is an old garage that has fallen ❑ ASB 10DEM002606 3/23/2010 AD 100 NE Bearcreek Dewatto Rd Belfair Waiting for proof of asbestos remove 10ASB002968 10DEM002607 3/24/2010 AD 6407 Sandridge Rd Long Beach 03/25/10 AD talked to Diane. Need f © ASB 10DEM002608 3/26/2010 MS 223 Sherman St NW Olympia Garage only - No survey. Pictures su ❑ ASB 10DEM002609 3/29/2010 AD 633 Camp Hayden Road Port Angeles 0 ASB 10DEM002610 3/29/2010 MS 922 S. Forrest Street Westport Fire damage. No survey needed per ❑ ASB 10DEM002611 3/30/2010 MS 1581 134th Lane Long Beach ❑ ASB 10DEM002612 3/31/2010 SS 7601 Fair Oaks Loop SE Olympia Mr Strodemier will email pics of struc ❑ ASB 10DEM002613 3/31/2010 AD 840 Nisqually Park Drive SE Olympia ASB 10DEM002614 4/1/2010 MS 1521 Washington Ave Long Beach 4/1/10 invoiced City 10ASB002975 10DEM002615 4/1/2010 AD 3645 W Mud Bay Rd Olympia 6 buildings 10ASB002977 10DEM002616 4/1/2010 MS 60 Lillian Street Chimacum ASB 10DEM002617 4/2/2010 AD building 71, 82, 83,168 and 188 Indian island 10ASB002978 10DEM002618 4/2/2010 MS 205 S. Aberdeen Street Westport ❑ ASB 10DEM002619 4/2/2010 AD 1612 N Bethel Olympia 412110 - will be bringing in photos of ❑ ASB 10DEM002620 4/5/2010 SS 50415th Avenue SW Olympia ❑ ASB 10DEM002622 4/5/2010 SS 5645 Old Hwy 410 SW Olympia ® 10ASB002981 10DEM002623 4/6/2010 AD 2920 93rd Ave SW Olympia waiting on asbestos permit and remo © ASB Tuesday, April 06, 2010 Page 3 of 3 M-38 • • Complaint Report for period from 3/4/2010 to 4/6/2010 • Date Source City Recd Formal Oncall Online Smoke Odor Open Fire Dust Woodstov Other Referred to: .03/16/2010 Unknown Belfair DJM 0r 03/17/2010 LAKESIDE INDUSTRIES - DURGIN OLYMPIA ❑ ❑ ❑ ❑ 0 ❑ ❑ ❑ RD Referred to: AD 03/11/2010 Martha & Gary Brown (Martha Darrah) Olympia AD —El —❑ 0— 0 ❑ —�— �� 03/12/2010 Martha & Gary Brown (Martha Darrah) Olympia AD ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 03/15/2010 Lo Tien Olympia SS ❑ ❑ ❑ R ❑ ❑ ❑ ❑ 03/17/2010 John Hinkle, Hunkle Homes Inc. Rochester AD ❑ ❑ ❑ ❑ ❑ © ❑ ❑ 03/17/2010 Louis Jackvony Olympia AD ❑ ❑ ❑ ❑ ❑ © ❑ ❑ 03/18/2010 Edward Hooch Belfair AD ❑ ❑ ❑ © ❑ ❑ ❑ ❑ 03/18/2010 Maria Sabella Lacey DJM ❑ ❑ ❑ ❑ ❑ ❑ ❑ Sd 03/19/2010 Blaire Firch Olympia SS ❑ ❑ ❑ ❑ ❑ ❑ • ❑ R 03/19/2010 Ed Harold Lacey SS ❑ ❑ ❑ ❑ ❑ ❑ ❑ 03/19/2010 Mel Cross Olympia SS ❑ ❑ ❑ ❑ ❑ ❑ ❑ a 03/20/2010 Arthur & Kristin Meives Olympia DJM ❑ ❑ ❑ ❑ ❑ © ❑ ❑ 03/20/2010 John & Carol Mustacich Sequim DJM ❑ ❑ ❑ ❑ ❑ © ❑ ❑ 03/21/2010 Thomas & Shannon Nugent Olympia DJM ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ 03/22/2010 Unknown Lacey DJM ❑ ❑ ❑ ❑ El R] ❑ ❑ 03/23/2010 Unknown Olympia AD ❑ ❑ ❑ ❑ ❑ © ❑ ❑ 03/24/2010 Blaire Firch Olympia AD ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 03/24/2010 Ed Harold Olympia AD ❑ ❑ ❑ ❑ ❑ ❑ ❑ 03/24/2010 Susan Hayes & Paul Smith Olympia AD ❑ ❑ ❑ Sa ❑ © ❑ ❑ 03/25/2010 Susan Hayes & Paul Smith Olympia AD ❑ ❑ ❑ ❑d ❑ R] ❑ ❑ 03/25/2010 Susan Hayes & Paul Smith Olympia AD ❑ ❑ ❑ Q ❑ ] ❑ ❑ 03/26/2010 Susan Hayes and Paul Smith Olympia MS ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 03/27/2010 Unknown Olympia DJM ❑ ❑ ❑ ❑ ❑ Sd ❑ ❑ 03/29/2010 Donald & Kiyoko Clark Grapeview AD ❑ ❑ ❑ © ❑ ❑ ❑ ❑ 04/05/2010 unknown Olympia SS ❑ ❑ ❑ © © ❑ ❑ ❑ Referred to: GDL Titesda} April 06, 2010 -'-"� --• .. _._.. _ _` ... _...`_"`. ."..�. ."'_`""' .�' _ ... _ ... .._,.....�.�;�-�m-:.�;, M - 39age 1 of Date Source City Recd Formal Oncall Online Smoke Odor Open Fire Dust Woodstov Other 04/04/2010 ADAGE MASON LLC SHELTON DJM U U LVJ Li U Li Li Li ADAGE Facility Referred to: MS 03/04/2010 Nagy, Philip and Donna Chinook MS 0 El Li El Li 91 U 03/04/2010 Phillip Harveston Ocosta MS ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ 03/08/2010 Amy Carter Olympia MS ❑ ❑ 2 © ❑ ❑ ❑ ❑ 03/09/2010 Low Income Housing Institute - Olympia RTM ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ Cascade Masonry ❑ El 11 RI El El 13 11 03/09/2010 Phil Tuttle, Jr. Tenino MS 03/09/2010 unknown Olympia MS ❑ ❑ ❑ ❑ R) ❑ ❑ ❑ 03/16/2010 GRAYS HARBOR ENERGY LLC ELMA MVG ❑ ❑ ❑ ❑ © ❑ ❑ ❑ 03/16/2010 Melvin Parks Westport MS ❑ ❑ ❑ 0 ❑ ❑ ❑ 03/17/2010 Perkins Raymond MS ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 03/19/2010 Adriano Cassol Tumwater GDL ❑ ❑ ❑ ❑ ❑ © ❑ ❑ 03/19/2010 Martha Bothwell Elma RTM ❑ ❑ R] R] © ❑ El ❑ 03/22/2010 Rodda Landscaping - Gasbriel Rodda Tumwater DJM ❑ ❑ RI ❑ ❑ ❑ ❑ ❑ 03/23/2010 Brenders Cathers - renter Olympia AD ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ 03/23/2010 Frank and Marnie Riedel Elma MS ❑ ❑ ❑ ❑ ❑ ❑ 03/24/2010 Scott Green South Bend MS ❑ ❑ ❑ ❑ R] ❑ ❑ 03/25/2010 OCEAN PROTEIN LLC HOQUTAM MS ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ 03/26/2010 Charles Wood Shelton MS ❑ ❑ ❑ 0 ❑ a ❑ ❑ 03/26/2010 Charles Wood Shelton MS ❑ ❑. ❑ R] ❑ ® ❑ ❑ 03/26/2010 Dennis Peterson Olympia MS ❑ ❑ ❑ ❑ ❑ © ❑ ❑ Referred to: RC — 03/16/2010 --....... _ _ — ---�--------- Schmidt, Willy and Heidi -- -- Port Townsend JTK----�---� �`� �.�._ 03/16/2010 Schmidt, Willy and Heidi Port Townsend RC ❑ ❑ ❑ R ❑ ❑ ❑ 03/19/2010 Ronald Baron Port Angeles RC ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ran radio add "wanted Trash Burner' on local KONP station 03/31/2010 Schmidt, Willy and Heidi Port Townsend SS ❑ ❑ ❑ R] ❑ ❑ ❑ 04/02/2010 Ted Peterson - renter, Carol Forks MS ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ Shoemake - owner Referred to: SS 03/06/2010 Michael Hancock Hoodsport SS El 11 Ej 03/11/2010 Tighe Mounts Olympia SS ❑ ❑ ❑ ❑ ❑ ❑ ❑ a—m�.a�—..�r_^�.=.c-. .:� ..,.,.a.:.,..._. ..� ....... v..:.. .. ... .� .. _ .... :_.mss M - 4&age 2 of 3 r— �:- ...--:=—" ter..-^^• �� .� .. _ ...,. Tuesday, April 06, 2010 --�s� • • • Date Source City Recd Formal Oncall Online Smoke Odor Open Fire Dust Woodstov Other 03/17/2010 Fern Ridge Apartments Olympia RTM U Li U U L16Petroleum 03/17/2010 Jeffery & Kelly Putscher Lacey ' SS ❑ ❑ ❑ a ❑ © ❑ ❑ 03/17/2010 John Walisch Olympia SS ❑ ❑ ❑ W F1 ❑ ❑ 03/18/2010 Andrew & Michelle Brady Yelm SS ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 03/19/2010 Annette Ortiz Yelm SS ❑ ❑ ❑ In/ ❑ ❑ ❑ ❑ 03/23/2010 SILVER SPRINGS ORGANICS LLC RAINIER DJM ❑ ❑ ❑ ❑ ❑d ❑ ❑ ❑ 03/24/2010 SILVER SPRINGS ORGANICS LLC RAINIER SS ❑ ❑ ❑ ❑ ❑./ ❑ ❑ 03/24/2010 SILVER SPRINGS ORGANICS LLC RAINIER SS ❑ ❑ ❑ ❑ ❑Q ❑ ❑ ❑ 03/24/2010 SILVER SPRINGS ORGANICS LLC RAINIER FLM ❑ ❑ ❑ ❑ ❑.i ❑ ❑ ❑ 03/24/2010 unknown SS ❑ ❑ ❑ a ❑ ❑ ❑ ❑ 03/25/2010 Joseph Butler Olympia DJM ❑ ❑ ❑d ❑ ❑ © ❑ ❑ 03/25/2010 Tim Sayan Grapeview SS ❑ ❑ ❑ R ❑ ❑ ❑ ❑ 03/26/2010 Mark Johnson Tumwater MS ❑ ❑ ❑ © ❑ ❑ ❑ ❑ 03/30/2010 SILVER SPRINGS ORGANICS LLC RAINIER KLE ❑ ❑ ❑ ❑] ❑ ❑ ❑ 03/30/2010 SILVER SPRINGS ORGANICS LLC RAINIER KLE © ❑ ❑ ❑ 2 ❑ ❑ ❑ 04/02/2010 SILVER SPRINGS ORGANICS LLC RAINIER SS ❑ ❑ ❑ ❑ R] ❑ ❑ ❑ 04/05/2010 unknown SS ❑ ❑ ❑ R] ❑ ❑ ❑ ❑ Ti�esdnp, April 2 ...��:.. _ ^�:, z,.�.��:��_.�.-..Y.-.._ �-- �- M - 4 page 3 of NOV Monthly Report For the period 3/4/2010 to 4/6/2010 NOV # Name 2854 JOHNSON 2863 RUMSEY 2897 KUNDE 2913 SIMPSON LUMBER CO LLC 2917 WILLIE 2920 BERGFORD 2921 MILLER (KEN MILLER ENTERPRISES) 2922 MILLER (KEN MILLER ENTERPRISES) 2923 YONICH 2926 SCALPING 2928 OPDAHL 2930 CARRELL 2934 ROGERS 2935 ROGERS 2937 LALONDE Issued City Regulation(s) prior to demolition NOV Penalty Amount Amount Penalty by started prior to approval of per. Issued Assessed Suspended Paid Issued MS GRAYS 6.1(a) Violation of not applying for 1, 01/19/2010 $1,200.00 01/15/2010 03/22/2010 No ORCAA burning permit ac HARBOR $350.00 Construction for business Open fire containing prohibite- 01/26/2010 SS. THURSTON 6.2(a)(1) Open fire containing prohibits 06/25/2009 $100.00 $100.00 12/04/2009 MS THURSTON 6.2(a)(1) Open fire containing prohibite- 01/27/2010 $600.00 03/22/2010 RTM MASON 6.1.8 Conditions in Approval of Ord 12/02/2009 $14,915.00 ;14,915.00 03/11/2010 Enforceable; failure to comply 8.2 Failure to comply with conditio Simpson Air Operating Permit SS THURSTON WAC 173-425-060(2)( Burning land clearing debris w 12/17/2009 $500.00 03/22/2010 SS THURSTON WAC 173-425-050(3)( Burning during afire danger b 12/17/2009 $250.00 $250.00 02/18/2010 MS PACIFIC 6.2(a) outdoor burning of prohibitive 12/29/2009 $600.00 $600.00 MS PACIFIC 6.3.2(x) (demo) MS GRAYS 6.3.2 HARBOR MS PACIFIC 6.2(a)(1) MS THURSTON 6.2(a)(2) SS MASON 6.2(a)(1) MS THURSTON 6.2(a)(6) MS THURSTON 62(a)(1) AD THURSTON 62(a)(1) No demolition permit squired: 12/29/2009 $560.00 prior to demolition Notification Requirements - de 12/29/2009 $760.00 started prior to approval of per. Open fire containing prohibite, 01/04/2010 $1,000.00 Open fire during episode of of 01/08/2010 $500.00 quality defined in Chapter 70A Open fire containing prohibite. 01/15/2010 $2,600.00 No ORCAA burning permit ac 01/26/2010 $350.00 burning site. Open fire containing prohibite- 01/26/2010 $600.00 Open fire containing prohibits 02/03/2010 $500.00 $560.00 03/05/2010 03/05/2010 03/11/2010 03/25/2010 04/05/2010 04/05/2010 03/13/2010 M-42 NOV # Name Issued City by Regulation(s) NOV Penalty Amount Amount Penalty Issued Assessed Suspended Paid Issued 2959 WESTWAY TERMINALS GG GRAYS 6.1.8 Conditions in Approval of Ord 03/12/2010 COMPANY HARBOR Enforceable; failure to comply 2961 SILVER SPRINGS SS THURSTON Condition 2(d) ORCA Violation of duration of time c 03/25/2010 ORGANICS LLC aerated Condition 2(d) ORCA Violation of duration of time c aerated 2962 HANSEN AD THURSTON 6.3.2(a) (asbestos) No asbestos permit aquired fro 03/25/2010 prior to abatement 2963 PARKS MS GRAYS 6.2 It shall be unlawful for any per 03/29/2010 HARBOR allow any open fire within the 2964 SILVER SPRINGS SS THURSTON 8.5(c) Odor emissions interferes unre 03/30/2010 ORGANICS LLC persorfs use and enjoyment of Totals: $39,950.00 $31,340.00 M -43 Current ORCAA Land Clearing Burn Permit ORCA \�A e�� FireDistrict Expiration # Legal Desc Burn Site Address City Last Name CompanyName Phone =Y:'_^...::.�•.tC:::i:.�:'_".CS'._.�7T�h.:'�::-.^.'.�^-•---.-':'�_'^..,:�.-.i^.•'�"�"�9"-"._"T.:^-':`-^�E:r:L^Y.�-^'.^..^_.'�� CFD #1, Forks/Beaver 4/11/2010 3061 Sec T26R12N 84 Cougar Glen Rd T.-tlf:-^11L^..]�'S�^.3.:"�._%Cit�.•t+..�.•:v.�.•w.�.-e�.+v..._+.,....e..�..-�^r-1.t'�-•.Y^.'. Forks Parke Parke Dozing (36-0--)-4- !'_1..-=" 52-6414 CFD #4, Joyce 4/8/2010 3056 Sec29 T31 R08W rac*.rF-:T.-�...-5,..-,:.^rr:2r..rrm.--:�.' �'r.:.--_.�- �a.3'a:.mYs^�s.s._.-^•1 ��: w:e:cr^rr.Yscncs'rxs3:.a-Z^�`.-:r•.:^•�`_--ams-:rx`Sicr 750 Crescent each Rd Port Angeles Wirth Steve Wirth �c•1t (360) 928-3069 Enterprises Inc 4/2212010 3069 Sec32 T31 R08w 313 Sasquatch Lane Port Angeles Beauvais (360) 928-0203 C�'1=�1iS.!iAi`GStT�JKiCL'�,^.T�?5 ::.?(.�:^CS��a�.ST^...EVSII1C.41F'�TM•�r'eT'+-�w.<a.+e+..-rr�. '• •."C'3L1i2Sm1y."3-..L:tL�C.: .''' GHFD #2, Montesano/C.P. 4/11/2010 3062 30 Powers Creek Rd Elma Copeland (360) 648-3038 Brdy 4/18/2010 3067 Sec07 T21 R07w Wynoodhee Rd MP 29.9 Montesano Coleman Bruch & Bruch (360) 452-5388 Construction Inc 4/28/2010 3073 Sec02 T18R08W 47 Valentine Gardens Lane Montesano Stubb Stubb Construction (360) 591-4449 �•�,-.-tom:.-:: _--a.,_��..�•»-3._...__ __.._... _ .,._...�; .. _..�.r�:,.,�,33:»� .-_'�,,�T.�•.�, ::::�.--�3=~�-...._--,�•�:m GHFD #8, Pacific Beach 4/18/2010 3064 111 North River Rd Cosmopolis Thompson, Jr x(360) 538-7740 mr:'R>x.-.v.:...:.�ara ^•:er--i�.+.arr�.e—•-: ;4-:`—.��tmwxr�zxrrscr!»->:•.a.>sav�nrr-..a ^sc. .scx, ='a Chimacum 4/24/2010 3072 Sec27 T30R01w 893 Woodland Drive Port Townse Johnson Shold Excavating Inc. (360) 385-0880 4/30/2010 3075 Sec34 T29R02W 3430 West Valley Road Chimacum Crowell (360) 732-0689 4/30/2010 3074 60 Lillian Street Chimacum Johnson (360) 385-7012 JFD #4, Brannon J4/21/2010 3068 Sec28 T25R02w US 101 and Four Wheel Dr Brinnon Archer (253) 858-7276 ^?�'4,=- —Eo-1:59 JFD #5, Discovery Bay 4/7/2010 3052 Sec13 T29R02w Lot 59 Honeymoon Ln Port Townse Fager (360) 385-3895 JFD #6 4/7/2010 3054 Sec02 T29R01 W 406 Elkins Rd Port Hadlock walters Jefferson Co Public (360) 385-0890 Works 4/21/2010 3066 Sec13 T30R02W 3333 Cape George Rd Port Townse Babboni (360) 774-0929 C:?^:L: :"T+ �-.�'P• T.^'T•.CS'T.T�!:� :'2tpR1^E�.'-w'::TCS!'^.T.ST.:.^.J�:Y^Sf..sJ-:S�STfM1.JSCP.TfL'tI:C-' .^.. «]2Ti'R2.9C.':.-b'.�Yp' . ��. .3 •J20-•S9.'.:".i1�::'•^ T .�'.A'T.R-.R�rt1:RPl.•w .� ^iiL '3'a'.'^_T'M•:.NY :^.GO.Ti=::� McCleary Fire Department 4/24/2010 3071 Sec23 T18R05W 111 W E I m a Hicklin Rd McCleary Birindelli (360) 470-1367 ��_��-�s::_:s:�---_.::��W_,>.:::--sem.._-w »_ .._____=�---:-:�•m TFD #11, Littlerock 5/5/2020 3078 6325 95th Avenue SW Olympia Pannkuk (360) 584-9947 TFD #12, Tenino 4/7/2010 3055 2105 140th Ave, SW Tenino Johnson (360) 239-9616 5/1/2010 3076 17110 Violet Prairie Road Tenino Davis Independent Forestry (360) 239-2926 Service C.S::S.X::1'3�.^J'S-Ril�lJ^..JAY'1.46_'•:^2Tl^•2i�:l_^..2T.R�91.T�"'_.�m;-rte-_....ate...... SS.'! y'FSsw�.-.. ..-...�^_-.......i:.T}�L'�!i.TS!3:»1^r-.-..•w—r-. TFD #13, Griffin 5/6/2010 3077 5840 Young Rd NW Olympia Kissick (360) 866-52..46 30 w_. ._. _. • :��]T.L-.- TFD #2, Yelm 4/7/2010 53 15834 123rd Yelm Whitman y (360) 458-9726 TFD—ii, Lacey 7/14/2010 3063 8911 80th Lane SE Olympia Mugartegui (360) 357-6204 Tuesday, April 06, 2010 • • M-44 • FireDistrict Expiration # Legal Desc Bum Site Address City Last Name CompanyName Phone �TFD #6, East Olympia 4/24/2010 3070 Sec19 T17R01 W 9601 Old Hwy 99 SE Olympia Brewer AGB Resources (360) 507-1000 Tuesday, April 06, 2010 M -45 NSR and AOP Summary Report ort Report for all NSR and AOP revision applications currently pending and applications finalized between 3/4/2010 to 4/6/2010 Business Name Insp Eng NOC# Location Project Description Date Final Xcld 4TH AVE FOOD MART 372 AD GG 09NOC695 OLYMPIA Perform site remediation ❑ GDL 09NOC694 CITY OF YELM - WWTP plant AQUATIC CO on a lot contaminated MVG 10AOP726 YELM renew air operating permit ARMOR COATINGS RC with gasoline. 09NOC703 7456 CORPORATION AD GG 09NOC704 ROCHESTER install spray booth ❑ ACT] (ANGELES RC GDL 10NOC742 PORT install 2 spray booths ❑ COMPOSITE ANGELES - BURNT MOUNTAIN STORE TECHNOLOGIES INC) ADAGE MASON LLC MS GDL 10NOC748 SHELTON install 60 mw net woody and increase WRF WWTP capacity from.80 mgd to biomass electric power CITY OF SHELTON - WWTP AD GDL 09NOC694 CITY OF YELM - WWTP plant AQUATIC CO JAW MVG 10AOP726 YELM renew air operating permit ARMOR COATINGS RC JTK 09NOC703 SEQUIM SS BELCO SHELTON MILL AD GDL 09NOC683 SHELTON BELFAIR CLEANERS MS GDL 08NOC650 BELFAIR install dry cleaning machine BURNT MOUNTAIN STORE RC JTK 10NOC739 SAPPHO install gas dispensing facility CITY OF ABERDEEN - WWTP CITY OF LONG BEACH MS 10NOC745 ABERDEEN MS GG 09NOC715 CITY OF SEQUIM, DEPT. Nreg GDL 09NOC660 OF PUBLIC WORKS - emergency generator and increase WRF WWTP capacity from.80 mgd to 1.67 mgd CITY OF SHELTON - WWTP AD GDL 09NOC694 CITY OF YELM - WWTP MS GG 10NOC746 COAST SEAFOODS MS GG 09NOC711 COMPANY - SOUTH BEND install emergency generators CONNALLY FINISHES SS GG 09NOC709 DEPARTMENT OF RTM GG 09NOC712 INFORMATIONAL SERVICES ELWHA SURFACE WATER RC INTAKE - TEMP DIVISION PUMPS Tuesday, April 06, 2010 LONG BEACH install a diesel -fired GDL 10NOC730 PORT install emergency backup ANGELES (standby) generators El El Page 1 of 0 M -46 backup generator SEQUIM install a 500kW emergency generator and increase WRF capacity from.80 mgd to 1.67 mgd SHELTON YELM install backup generators SOUTH BEND install an emergency diesel generator YELM install cyclone/bahouse and intake air filters OLYMPIA install emergency generators GDL 10NOC730 PORT install emergency backup ANGELES (standby) generators El El Page 1 of 0 M -46 • Business Name Insp Eng NOC# Location Project Description Date Final Xcld ELWHA WATER RC GDL 10NOC731 PORT install emergency backup ❑ TREATMENT PLANT ANGELES (standby) generators FORKS HIGH SCHOOL - RC MVG 10NOC734 FORKS INSTALL 2.85 Mmbtu/HR ❑ QUILLAYUTE VALLEY Biomass Boiler, a SCHOOL DISTRICT cyclone collector and a baghouse. GR SILICATE NANO- MS GDL 09NOC721 HOQUTAM expand an existing ❑ FIBERS AND CARBONATES prototype silicate LLC nanofiber and super precipitated calcium carbonate plant at Gray's Harbor Paper. GRAND MOUND WWTP MS GG 10NOC738 GRAND install backup generator ❑ MOUND GRAYS HARBOR ENERGY RTM MVG 09AOP672 ELMA ❑ LLC GRAYS HARBOR PAPER LP RC GDL 08NOC607 HOQUTAM install and operate a fuel ❑ dryer GULL HARBOR AD GG 09NOC676 OLYMPIA perform soil and ❑ MERCANTILE groundwater remediation at gas station. HOWARDS PRESTIGE SS GDL OBNOC647 OLYMPIA install dry cleaning ❑ CLEANERS IMPERIUM GRAYS MS GG 10MOD737 HOQUTAM machine modify 08MOD597 ❑ HARBOR LLC INNOVATIVE AUTO BODY MS GG 09NOC700 BELFAIR install and operate an ❑ automotive spray booth. INTERFOR PACIFIC INC - RC GG 09MOD677 FORKS modify Condition 6(I) of ❑ FORKS DIVISION 02NOC236 INTERNATIONAL PAPER MS GDL 09NOC718 LACEY install Bobst Diecutter ❑ and Printer LOTT ALLIANCE AD GDL 10MOD735 LACEY modify Condition 1, 4 & 7 ❑ SATELLITE PLANT - LACEY of 04NOC370 MIKES REPAIR SHOP MS JTK 10NOC744 RAYMOND install (existing) spray ❑ booth NIPPON PAPER RC JTK 08NOC645 PORT Add De -ink plant drum ❑ INDUSTRIES USA CO LTD ANGELES pulper rejects to list of items to be burned at the NO. 8 power boiler OLYMPIC PANEL RC JTK 09AOP688 SHELTON renew AOP ❑ PRODUCTS LLC PANELTECH PRODUCTS JAW GG 08NOC648 HOQUTAM install 2 treater lines, 1 ❑ INC reactive thermal oxidizer, 1 composit press and a 3mil btu hot oil boiler • Tuesday, April 06, 2010 Page 2 of 3 M -47 Business Name Insp Eng NOG# Location Project Description Date Final Xcld• PENPLY RC MVG 08AOP640 PORT renew AOP permit ❑ SANDQUIST CABINETS RC SHEARER BROS CHIPPER SS ANGELES 10NOC736 2 PENPLY RC MVG 10NOC741 PORT GG ❑ WATER UTILITY ANGELES MS GG PORT ANGELES WATER RC GDL 10NOC733 PORT install emergency backup ❑ TREATMENT PLANT SI CUSTOMS SS ANGELES (standby) generators RAINSHADOW ROASTING RC GG 09NOC722 SEQUIM install coffee roaster ❑ COMPANY MS RANNEY WELL CITY OF RC PORT ANGELES ❑ ROLLING THUNDER MS CUSTOMS RTM RUDDELL LEASE SALES RC INC RTM SANDQUIST CABINETS RC SHEARER BROS CHIPPER SS LLC 10NOC736 GDL 10NOC732 PORT install emergency backup ANGELES (standby) generators JTK 10NOC740 LONG BEACH install paint spray booth GG 09NOC655 PORT ANGELES GDL 08NOC610 BRINNON GG 08NOC603 SHELTON SIERRA PACIFIC RTM GG 09REV699 ABERDEEN INDUSTRIES - COGENERATION SIERRA PACIFIC INDUSTRIES - LUMBER MILL SIMPSON DOOR CO RTM GG 08AOP625 ABERDEEN install spray in bedliner booth install a spray booth install and operate chip mill and log yard modify monitoring parameters for particulate control equipment. application MS JTK 09AOP717 MCCLEARY AOP Renewal- Wood Door Manufacturer. SIMPSON LUMBER CO LLC RTM MVG 09AOP690 SHELTON renew AOP SIMPSON LUMBER CO LLC RTM MVG 09REV678 SHELTON ST PETERS HOSPITAL SS GG 09NOC710 OLYMPIA STAFFORD CREEK MS GDL 10NOC727 CORRECTIONS CENTER ❑ OLYMPIA remove stage II WESTPORT SHIPYARD INC RTM GDL 09REV702 WESTPORT SHIPYARD INC RTM GDL 09NO1682 DAY AND NIGHT GROCERY AD JTK 10NOC736 2 CITY OF PORT ANGELES RC GG 10NOC723 WATER UTILITY CITY OF RAYMOND MS GG 1 ONOC725 WATER TREATMENT PLANT SI CUSTOMS SS JTK 08NOC631 Tuesday, April 06, 2010 ABERDEEN install an emergency generator install in -vessel composting unit WESTPORT ❑ WESTPORT ❑ OLYMPIA remove stage II 03/04/2010 ❑ PORT install standby generators 03/0912010 ❑ ANGELES (installed 2005) RAYMOND install and operate 03/0912010 ❑ backup generators OLYMPIA After the fact approval of 03/17/2010 ❑ an automotive spraycoating facility Page 3of0