HomeMy WebLinkAboutAgenda Packet 05/21/2002
U. S. A.
AGENDA
:,€ITY COUNCILMEEJ'IN,v
321 EAST FIFTH STREET
,'~ ",t,
,~~T~GEL~S
, ,May 21,2002 .
REGUl;AR MEETING ,:,.6:00 p.m.
A. CALL TO ORDER - Regular Meetil1.g (~:OOpjP1.)
ROLL CALL-
PLEDGE OF ALLEGIANCE -
PUBLIC CE~MONIES, PRESENTATIQN8,
AND PROCLAMATIONS';"
B. WORK SESSION
C. LATE ITEMS TO BE PLACED ON'l'II:IS'.()R,'~UT"lJllE AGENDAS (BYCouncilf'StafforPublic) AND
PUBLIC COMMENT FOR ITE~S,~,~~',~~;~~l&~.s\ (This istheo~porrun!t)lfo~/rrzembers ofth~
,. public;to speakto the City Council abou( 'anyU~ir!g)hijtionth~;.agetlda, p!~4!fekeep{(:q7r)rfz.,e!}ts, tg5-1 O;minutes.)
D. FINANCE
1. Puget Sound Pilots Lease Amendment
2. Verizon Communication Lease Amendment
Approvei\:inend~c.i .Lease
Approve Amended Lease.
.
E. CONSENT AGENDA
1. .,c..~~;:Council minutes - May 7, 2002 r~gular 15
m~fug .
2. Check Register - May 13,2002 - $410,105.76 21
3.'Electtonic Payments - May 24,2002 - 37
$1,613,277.00
4. Appointment of Watershed Planning and 39
Salmon Recovery Representatives
5. Electric Utility Rural Revolving Fund 41
6. Marine Life Center Contract 43
Accept Consent Agenda
F. CITY COUNCIL COMMITTEE REPORTS.
G. ORDINANCES NOT REQUIRING PUBLIC
BEARINGS
1..Northland Cable Franchise
2. MunicipalAnnexation
3. Standardizing After Hours Connect /
Reconnect Fees
49
113
121
Adopt Northland Cable Ordinance
Adopt Annexation Ordinance
Adopte Ordinance Amendment
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B. RESOLUTIONS
NOTE:BEARINGnEYIC~$:r~YAffi~~!2~.l\9R~1I0SE"NE~DING}ASSIST ANCE
MAYOR';toiDETERMlNE;ffIME'OFBREAK
. May 21,2002 !Port Atige1esCitYCoiincil Meeting
'Page- 1
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OTHER CONSIDERATIONS"" , ,
Ennis Creek Estates Subdi'1sion
J.'PUBLlbHEARiNGS~3QUAsi!.niDl(hAL
(7:00 P:M. or soon thereafter)
- ~ ' ',: ,- , -
K. : PUBLIC HEARINGS -OTHER
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L; ';JNFORMATION'i~ u;
. "'T City M~age~'s'Cal~ridar'(page175) ,.?'
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2. II.lffiUlIle SocietiMonthly Report through April 2002 "(page: 181) ,
3. Department ofCommuIiitY'D€~clopmeiirMoiithly Repoif:April '20(J2'" (pageI83)'
4..Public Works &Utilities.Monthly Report:;.Apri12002; (pagC),85) "
" 5. Police Department Monthly Report -April 2002 (pagei 87)
- ""6. 'Fire'Department'Monthly Rep~rt~~ April:~200~'- (PageI96)~.'
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M. EXECUTIVE SESSION (As Tleeded mid determined by CityAttorney) ." '
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.'pbRTANGELES
WAS H I N G TON, U. S. A.
CITY OF PORT ANGELES
CITY COUNCIL MEETING
I.
CALL TO ORDER - REGULAR MEETING:
II. . ROLL CALL:
Members Present:
Mayor Wiggins
Councilman Braun
Councilman Campbell
Councilmember Erickson
Councilman Headrick
Councilmember Rogers
Councilman Williams
Staff Present:
Manager Quinn
Attorney Knutson
Clerk Upton
B. Collins
M. Connelly
G. Cutler
D. McKeen
T.Riepe
Y. Ziomkowski
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III. PLEDGE OF ALLEGIANCE:
Led by: t1t;/J)N rv' ~ ' ~d::a,l) ^-
May 2L 2002
rotA n. 'fV\ .
I
CITY OF PORT ANGELES
· ~ORTANGELES
WAS H J N G TON, U. S. A.
CITY COUNCIL MEETING
Attendance Roster
DATE OF MEETING: May 21. 2002
LOCATION: City Council Chambers
Cf'o5~. 1~57
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B JI W
City of Port Angeles
FORTANGELES
Ordinance/Resolution Distribution List
WAS H I N G TON, U. S. A.
City Council Meeting of Mav 21.2002
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City Manager '"
City Atty. (1) IV ,/
Planning /
City Clerk (2) .:;7 ~~../
Deputy Clerk (I) J 7 , ./
Personnel
Cust. Svcs. ~ /'
Finance I ./
Dir. /Mgr.
Police Dept.
Fire Dept. /
Light Dept. 17 Z/v
Pub. Works (2) :J,./ -!)~V
Parks & Rec.
MRSC (I) I 7 1./ /
PDN (Summary) hI"'" M l .;r:~ 1111 rA.I
Extra Copies ,
4:00 ,/
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I TOTAL I I J 1In
... ABOVE: The Living Monument site at Francis Street Park
.. Flag Pavilion, located at foot of Francis Street, overlooking
Port Angeles harbor.
RIGHT: Graphic depiction of monument in place. .........
Monument is smooth granite with inlaid bronze .........
eagle and medallion. Dedication plaque on back.
T BELOW: Artist rendering of black polished granite panels on monument wall.
NEVER FORGET THOSE WHO PROTECT US...
That is the vision of the
Public Safety Tribute Committee.
The events of September 11, 2001, caused all
Americans to pause and reflect on the dedication
of Public Safety professionals and their impact on
our daily lives.
The Living Monument shown here will be placed
in the flag pavilion at the new Francis Street Park.
The monument will make a visual statement to
current and future generations that the citizens of
Clallam County recognize the service provided by
the men and women of Public Safety. The black
granite wall will list the names, departments and
dates of service of the Public Safety professionals
who meet the service criteria for inclusion. This is
a "Living Monument" dedicated to those who have
served in the past, the present and the future in a
public safety career in Clallam County. Those who
have died in the "line of duty" will also be honored.
Each year on September 11, the monument will be
rededicated to our vision of remembering and new
names will be added to the wall. This annual
ceremony will also offer a special remembrance of
the events of September 11, 200 I, and to those who
lost their lives in the attack on the American spirit.
The completion of the Living Monument project
is totally dependent on donations. Please take a
moment to reflect on the events of September 11,
2001, and the unique opportunity that this
monument offers to say to our local heroes,
"THANK YOU AND WE APPRECIATE WHAT
YOU DO EVERYDAY FOR US."
Please join with the Public Safety Tribute Com-
mittee in recognizing the efforts of the men and
women of Public Safety in Clallam County:
Firefighters, Law Enforcement and 911 personnel.
Send your tax-deductible donation to:
Public Safety Tribute
1007 E. Front St.
Port Angeles, WA 98362
· For more information or to arrange for a com-
mittee member to speak to a group, please call
(360) 457-4587.
· Public Safety Tribute Committee is a non-profit,
citizens group operating under the non-profit
status of Norwester' Rotary.
This ''Living Monument"
to be dedicated
to the Men and WOmen of
Clallam County Public Safety
who devote their careers
to the protection
of life and property.
With your help we will
NEVER FORGET
THOSE WHO PROTECT US.
The Unseen Guardians
You sentinels on tower watch
are first to know the hann,
Of rescue-desperate cries for help -
and fleet to sound alann,
Stand lookout for an awful cry,
or settle trouble-rage,
(Absent the glory-flag bouquet,
unnamed on hero 's page).
Watch in the boredom 's early hour
should mischief rob our night;
Be anchor for the duty shifts,
and calm the neighbor'sfight.
Stay minded at the masthead, tend
for peril andfor Plea;
Stand by - unseen - your vital trust,
keep well the guardhouse key.
Robert W Hamlin
THANKS TO JACKSON SIGNS AND RICHMOND PRESS FOR THE PRODUCTION OF THIS BROCHURE.
PUBLIC SAFETY
LIVING
MONUMENT COMMITTEE
TO:
FROM:
SUBJECT:
Clallam County Police Depts., Fire Depts., Sheriffs Dept.
Public Safety Tribute Committee
"Public Safety Challenge" during "Jettin the Strait."
Weare planning another major fund raiser for the construction of the Public Safety Living
Monument and it involves your departments and a lot of fun!!
On June 8th and 9th the annual "Jettin the Strait" jet ski race will be held in Port Angeles. This
year we are incorporating an extra competition to be held around 4:00 PM each race day.
On Saturday there will be a "Public Safety Departmental Challene:e" series where the Police
Departments, The Sheriff s Department and the Fire Departments will face off for the public in
jet ski races. The race organizers will furnish the jet skis.
Each department will provide a race team consisting of no more than 10 racers and hopefully not
less for an equal match-up. There will be two trophies. The smaller one will be awarded for the
department with the winning race times. The second and largest trophy will be awarded for the
team that raises the most money towards the Living Monument. The departments and team
members can encourage, in advance, any and all people that they can influence to "wager" a
donation on their team of choice. The public on race day will also have the opportunity to
"wager". donations in support of their favorite team.
The Public Safety Tribute Committee will have a wagering booth on race day, which will be
designated by the RE/MAX Performance Team 8-foot tall blowup balloon. RE/MAX
Performance Team is a Jettin the Strait sponsor and will be directing it's efforts to sponsor this
departmental challenge and to raising funds for the Living Monument.
On Sunday there will be a "local celebrities" challenge. The racers can be public officials,
business owners, organization officers, etc. These will be individuals racing each other rather
than teams and the same two trophies will apply. A smaller one for the best time and a large one
for the most money raised for the Living Monument.
Publicity for this event is being put together now so this needs to be arranged as soon as possible.
For more information, please contact Bob Harbick at 360-452-8248.
1007 E. Front Street
Port Angeles, W A 98362
(360) 457-4587
~-= nlmm
.:. - Li U lillBliDllI
~~~ IIi!ml1il!I
In
Port Angeles Harbor
JUNE 8 and 9, 2002
2002 Closed-Course Series
World Championship
qualifying event.
Two Days - Double Po.
plus
NorthwestOf&horeEn
<''(~~'"
Series Race -
Registration Information - Andy @ AWD Products - (206) 933-7562
Online www.olypen.com/seasuns
$5000 in Cash Prizes
Plus Products & Trophies
2 heats in each race class
2002 SUPPORTERS
KNOP/KIKN, Olympic Printers, Black Ball Transport Inc., Victoria Rapid Transport, Victoria Express, Pettit Oil,
Marine Drive Chevron, Northland United Dist, Miller Beer, Olypen, Olympic Powersports, Northland Cable,
Port Angeles Inn, Remax Performance Team, Swain's, K-Ply, Peninsula Daily News, City of P.A. Parks and Recreation,
PA Chamber of Commerce, PAV Tourist Bureau, AWD Products, Red Lion Inns, First Race Car Wash, Captain T's,
United Dist., ASM Signs, PA Chevron, Les Schwab Tire
ANOTHER PORT ANGELES CHAMBER OF COMMERCE EVENT
The proposed lease amendment further provides for an exten~ion of the lease term which
previously had provided that it would expire in 2009 to a termination date of June 3, 2013 which
date corresponds to the expiration of the underlying lease. Additionally, the proposed lease .
amendment increases the annual rental to $300 annually plus leasehold excise tax and provides for
yearly rental increase in accordance with the CPI.
Finally, the proposed lease amendment provides for reimbursement by the Pilots to the City
for its proportionate share of rip-rap nourishment costs. Currently the Corps of Engineers performs
nourishment services approximately every five (5) years, billing the City for a portion ofthose costs.
This provision allows the City to recover a proportionate share of those costs from its lessees.
i1~
Dennis C. Dickson
Senior Assistant City Attorney
DCD/tlp
G:\APPS\DISTCR1\Real Estate Conunittee\LeaseAmendmenluscg. wpd
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First Amendment to Lease Agreement
Between
City of Port Angeles
and
Puget Sound Pilots
This is the first amendment to the lease agreement dated January 1, 1995 ("Lease") by and
between the City of Port Angeles ("City") and Puget Sound Pilots ("Pilots");
WHEREAS, the parties wish to amend the Lease to modify the Lease to extend the term of
the Lease, modify the legal description of the properties leased and to provide for periodic
reimbursement of costs associated with rip rap nourishment,
WHEREFORE, the parties in consideration ofthe mutual covenants contained herein, hereby
agree as follows:
1. The provisions describing the legal description shall be replaced with the following language:
Legal description per attached Exhibit "C" and map per attached Exhibit "D".
2.
The provisions in Section 2 ofthe Lease shall be replaced with the following language:
This Lease which commenced on the first day of January, 1995, will terminate at
midnight June 3, 2013, unless sooner terminated in accordance with the terms hereof.
3. The language in Section 6 of the Lease shall be modified as follows:
The Pilots agree to pay the City during the term of this Lease the annual sum of
$300.00 plus Department of Revenue leasehold tax (taxes currently 12.84%) as minimum
rent, payable in advance on the 15th day of January of each year; provided, however, that the
minimum rent set forth shall be increased yearly to reflect the increase, if any, in the cost of
living as indicated by the Consumer Price Index for Puget Sound or regional index as
published by the U.S. Department of Labor's Bureau of Labor Statistics (the "Index"). Any
adjustment of minium rent shall become effective immediately. Ifthe Index is discontinued
the City shall substitute a similar index of consumer prices.
In addition to the annual rental, Pilots shall reimburse the City for its proportionate
share of rip rap nourishment costs assessed by the Corp of Engineers. Pilots proportionate
share shall be determined by dividing the length of Pilots' leasehold (150 feet) by the total
linear lease footage (10,800 feet) which equals .0138; times the amount assessed to the City.
The rip rap nourishment is performed approximately every five (5) years. Said amount shall
become due and payable upon billing by the City.
4.
It is understood and agreed by the parties that the relocation ofthe site used for parking and
refuse container location which is the subject of this lease is necessitated by the need to
extend the security buffer zone at the entry gate of USCG Port Angeles.
3
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In the event that USCG Port Angeles no longer needs the expanded buffer zone the
parties agree to return the parking and refuse container location to its location prior to .
September 11, 2001 and to amend the legal description of the leased property accordingly.
IN WITNESS WHEREOF, the parties hereto have executed this instrument as signed and
dated below:
City of Port Angeles
By:
Its:
Date:
LESSEE:
Puget Sound Pilots
By:
Its:
.
Date:
.
4
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LESSOR ACKNOWLEDGEMENT
STATE OF
)
) ss.
)
COUNTY OF
)
On this day of , 2002, before me a Notary Public in and for the State of
, personally appeared , personally
mown to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this
instrument, on oath stated that he/she was authorized to execute the instrument, and acmowledged it as the
of the City of Port Angeles, to be the free and voluntary act and
deed of said party forihe uses and purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above
written.
NOTARY PUBLIC in and for the State of
residing at
My appointment expires
Print Name
LESSEE ACKNOWLEDGMENT
STATE OF CALIFORNIA
)
) ss.
)
County of
)
On this day of , 2002, before me a Notary Public in and for the State of
_____________________, personally appeared __________________ and
mown to me (or proved to me on the basis of satisfactory evidence) to be the
person and respectively, ofthe Puget Sound
Pilots, the corporation that executed the within and foregoing instrument, and acmowledged said instrument
to the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that they were authorized to execute said instrument, and that the seal affixed
is the seal of said municipal corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above
written.
NOTARY PUBLIC in and for the State of
residing at
My appointment expires
Print Name
5
LEASE:
Puget Sound Pilots
Ediz Hook, Port Angeles Townsite, Washington
EXHIBIT "e"
All those portions of the following described Ediz Hook Lease Lot 8 and Outlot 7:
LEASE LOT 8 AND OUTLOT 7: Those portions Iyir:'g southerly of Ediz Hook Road
and extending 185 feet westerly of the present location of the United States Coast
Guard Base westerly perimeter fencing necessary for vehicle parking and refuse
containers.
ALSO: All that portion of the tidelands lying southerly of the above described
Lease Lot 8 and Outlot 7 necessary for maintenance and repair of facilities
together with space for two overflow parking spaces in Lease Lot 8 and Outlot 7
northerly of Ediz Hook Road.
N:\PWKS\ENGINEER\R-W _ USE\PSPILOTS2.wpd
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DATE:
To:
FROM:
SUBJECT:
~ORTANGELES
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WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
May 16, 2002
MA YOR WIGGINS AND CITY COUNCIL
REAL ESTATE COMMITTEE AND
DENNIS C. DICKSON, SENIOR ASSIST ANT CITY ATTORNEY and
PROPERTY MANAGER
AMENDMENT TO COMMUNICATIONS SITE FACILITY LEASE
Summary: The Real Estate Committee has reviewed a proposed second amendment to the
Communications Site Facility Use Lease between the City of Port Angeles and Verizon Wireless.
The amendment to the lease has been requested so that Verizon Wireless may expand its 12' x 20'
equipment building by 8 feet.
.
Recommendation: The Real Estate Committee recommends authorizing the Mayor to sign the
Second Amendment to the Communication Site Facility Use Lease between the City of Port Angeles
and Verizon Wireless.
Back2round / Analysis: Seattle SMSA Ltd. Partnership d/b/a Verizon Wireless has requested
an amendment to the Communications Site Facility Use Lease it has with the City of Port Angeles
at the communications site facility located on Ediz Hook. The purpose ofthe requested amendment
is so that Verizon may expand its existing 12' x 20' building by 8 feet. There is room within the
existing fenced area to accomplish the expansion. The expansion will not interfere with the existing
operations of the City of Port Angeles or other lessees at the site. The annual rental fee would be
increased proportionally to $1,800 per year providing for an annual 4% increase for each year ofthe
lease term. In addition, the amendment also provides that Verizon Wireless shall reimburse the City
for its proportionate share of rip-rap nourishment costs as assessed by the Corps of Engineers.
IkrpL~
e . s . Dickson
Senior Assistant City Attorney
DCD/tlp
G:\APPS\DISTCRliReaI Estate Commiltee\verizon.2ndamend. wpd
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Second Amendment to Communications Site Facility Use Lease
Between
City of Port Angeles
and
Seattle SMSA Limited Partnership d/b/a Verizon Wireless
.
This is a Second Amendment to the Communication Site Facility Use Lease dated February
12, 1993 (Lease), by and between the City of Port Angeles ("City") and Seattle SMSA Limited
Partnership d/b/a Verizon Wireless ("Lessee") as successor-in-interest to San Juan Limited
Partnership, and the First Amendment to said Lease dated December 16, 1997.
WHEREAS, the parties wish to amend the Lease to modify the Lessee's use as provided
herein,
WHEREFORE, the parties in consideration ofthe mutual covenants contained herein, hereby
agree as follows:
1. That the provisions of Section 1 and 2 ofthe Lease, as amended, shall be replaced with the
following language:
The Lessee shall have the right to enlarge its 12' x 20' equipment building ("Lessee .
Building") at the City of Port Angeles Radio Site ("Site") located at 850 Ediz Hook Road,
as defined in Exhibit "c" attached to this Lease. Lessee shall have the right to expand the
existing 12' x 20' building by 8 feet to become a 12' x 28' equipment building. The contents
of the Lessee Building may include, radio transmission and related equipment, batteries,
generator equipment and an antenna array located on the roof of the Lessee Building. The
Equipment Building shall be constructed by Lessee in compliance with all City ordinances.
2. The language in Section 7 of the lease shall be modified as follows:
The annual rental fee for the above described use shall be One Thousand Eight
Hundred dollars ($1,800.00), commencing on July 1,2002 and payable on July 1st of each
year. The annual rent shall be increased by four percent (4%) on July 1 sl of each year of the
Lease term.
In addition to the annual rental Verizon Wireless, or its successor in interest shall
reimburse the City for its proportionate share of rip rap nourishment costs assessed by the
Corps of Engineers. Lessee's proportionate share shall be determined by dividing length of
the building (28 feet) by the total linear lease footage (10,800 feet) which equals .00259;
times the amount assessed to the City. The rip rap nourishment is performed approximately
every five (5) years.
3.
Except as expressly amended herein, all terms and provisions ofthe Agreement and the First
Amendment thereto remain unchanged and in full force and effect.
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1 1
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4.
The following notice provision shall be added as Section 11 of the Agreement:
Seattle SMSA Limited Partnership d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attn: Network Real Estate
Telephone: (908) 306-7000
IN WITNESS WHEREOF, the parties hereto have executed this instrument as signed and
dated below:
LESSOR:
City of Port Angeles
By:
Its:
Date:
LESSEE:
Seattle SMSA Limited Partnership d/b/a Verizon Wireless
By: Cellco Partnership, Its General Partner
By:
Its:
Date:
12
LESSOR ACKNOWLEDGEMENT
.
STATE OF
)
) ss.
)
)
COUNTY OF
On this day of ,2002, before me a Notary Public in and for the State
of , personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who
executed this instrument, on oath stated that he/she was authorized to execute the instrument, and
acknowledged it as the ofthe City of Port Angeles, to be
the free and voluntary act and deed of said party for the uses and purposes mentioned in the
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first above written.
NOTARY PUBLIC in and for the State of
residing at
My appointment expires
Print Name
.
LESSEE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
County of )
)
On this day of ,2002, before me a Notary Public in and for the State
of , personally appeared Robert F. Swaine personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the
person(s), or the entity upon behalf of which theperson(s) acted, executed the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first above written.
NOTARY PUBLIC in and for the State of
residing at
My appointment expires
Print Name
.
13
EXHIBIT "e"
(p) 8'-0 X 12'-0"
SHELTER ADDITION
(E) VENT TO
BE REPLACED
WITH ROOF
VENT AND (E)
METER TO BE
RELOCATED
(P) METER
RELOCA TION
#08988
(E) VENT
TO REMAIN
(E) FENCE
TO REMAIN
(E) HVAC
TO REMAIN
REO BY ~.
STURMAN
ARCHITECTS
EDIZ HOOK ROAD
5'-2" 12'-0"
42'-8"
5'-10" 10'-0"
9'-8"
J(E)UG
U VAULT
XFMR
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(E) KEYBOX
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10'-0 X
14'-8"
CMU
SHEL TER
(E) GATE
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(E)20'-0" xJ V t.....,
/12'-0" CMU -/3Ri iT]
SHELTER ON I J
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/12'-" ONC,
PA )
LA TTICE TOWER
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(E) 12' -O"x
12'-0" CONC.
PAD & (E)
LA TTICE TOWER
5'-2"
12'-0"
4'-9"
12'-0.
8'-9"
HIGH TIDE
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MERICOM'"
EDIZ HOOK
Site Address:
EDIZ HOOK ROAD
PlI>J4r ANGELES, WA
CtA'LLAM COUNTY
Const. Manager: M,J.
Approximate Location
Latitude: Nt A
Longitude: Nt A
Elevation: Nt A
Date:02.18.02 Rev.: 0
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Page: 1 of
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FORTANGELES
JI
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
May 21, 2002
To:
MAYOR WIGGINS AND CITY COUNCIL
FROM:
Glenn A. Cutler, Director of Public Works and Utilities
SUBJECT:
Francis Street Park Project Number 21-07, Change Order No.4
Summary: The construction project for the Francis Street Park is nearly complete. However, to
complete the project, it is necessary to install additional drainage and provide for installation of
facilities in the playground area. This work was not included in the original contract nor change
orders.
Recommendation: Approve and authorize the City Manager to sign Contract Change
Order No.4 in an amount not to exceed $18,320.55 to perform the additional work to
complete the project, and allocate an additional amount of $15,000.00 to the project budget,
$10,000 from the Government Fund Proiect Reserves and $5,000 City staff labor transfer.
Back~round / Analysis:
The Francis Street Park is nearing final.completion. During the winter months erosion through
the park caused considerable amount of damage. It has been determined that to prevent damage
in the future, additional drainage improvements on the west side of the park should be:'installed.
This work will include installing a retaining wall, a drainage swale and drainage piping down to
the drainage ditch on the north side of the property. The design has been completed and an
estimate to complete the work has been negotiated with Primo Construction. The extra cost to
perform this work is $13,504.69.
An earlier Change Order (No.3) included the purchase of a Seal Sculpture and mat for the
playground area, however, it did not include the installation. The negotiated cost for the
contractor to install these facilities and minor related work is $4,815.86.
Contractor performance was determined to be the most efficient and cost-effective way to
perform the work. Due to the total dollar value of the change order work to date it is necessary to
obtain City Council approval.
1
Of;
City Council 5/21/02
RE: Francis St. Park
Page 2
ORIGINAL
CONTRACT
PREVIOUSLY
APPROVED
CHANGE
ORDERS
CURRENT
CONTRACT
THIS CHANGE
ORDER
EST. CONTRACT
AFTER TIDS
CHANGE ORDER
$312,605.93
$75,659.46
$388,265.39
$18,320.55
$406,585.94
Change Orders:
1. Storm and Sanitary Sewer Manhole Locate and Adjustment
Change light fixtures/poles to match existing
$39,552.99
2. Requested contractor to supply sand for beach area and bases for flag poles
$ 6,482.58
3. Build Play area and provide a seal and mat for the playground area
Add additional plants around the view pavilion
$29,623.89
4. Install drainage for Playground area and install seal sculpture and mat
$18.320.55
$93,980.01
Bu!lget
Amount
Original
Contract
Change
Orders
City Costs *
Total Expenses nen;~it
Amount
$457,578.27
$312,605.93
$93,980.01
$63,601.03
$470,186.97
$12,608.70
* Consultant work, city staff time, city supplied material, and sales tax.
It is recommended that $15,000.00 be allocated to the Francis Street Park project to cover the budget shortfall
and the City Manager be authorized to sign change order Number 4.
Attach:
Site Map
N:\PROJECTS\21-07 Francis Park\DCVR's & CO's\CCchange order#4.wpd
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Change Orders (C.O.)
I, Storm and Sanitary Sewer Manhole Locate and Adjustment
Change light fixtures/poles to match existing
11/20/00
--
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2. Requested contractor to supply sand for beach area and bases for flag poles
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3, Build Play area and provide a seal and mat for the playground area
Add additional plants around the view pavilion
ALO
4. Install drainage for Playground area and install seal sculpture and mat
.
.
.
CALL TO ORDER-
REGULAR MEETING:
ROLL CALL:
PLEDGE OF
ALLEGIANCE:
PUBLIC CEREMONIES,
PRESENTATIONS AND
PROCLAMATIONS:
Presentation to Council
by Senior Center
Members
Schools Update by
Dr. Gary Cohn, Port
Angeles School
Superintendent
CITY COUNCIL MEETING
Port Angeles, Washington
May 7, 2002
Mayor Wiggins called the regular meeting of the Port Angeles City Council to order at
6:00 p.m.
Members Present:
Mayor Wiggins, Councilmembers Braun, Campbell,
Erickson, Headrick, Rogers, and Williams.
Members Absent:
None.
Staff Present:
City Manager Quinn, Attorney Knutson, Clerk Upton, B.
Collins, M. Connelly, G. Cutler, D. McKeen, T. Riepe, Y.
Ziomkowski, J. Hordyk, J. Cole, M. Hall, G. Kenworthy, L.
Haehnlen, and B. Coons.
Public Present:
L. Lee, E. VanWald, L. Evart, J. McGinley, C. Konopka, K.
Smith, T. Price, M. Lang, R. Anderson, L. Rasmussen, B.
Lindstrom, M. Rampenthal, and D. Kari.
The Pledge of Allegiance was led by Manager Quinn.
1. Presentation to Council by Senior Center Members
Senior Center Manager Jean Hordyk, along with Senior Center Guiding Committee
members Madeline Lang, Lee Roberts, and Pat Schaeffer, presented complimentary
memberships to Mayor Wiggins and Councilmembers Campbell, Williams, and
Headrick along with $25.00 couponbooks for use at the Senior Center and within the
community. Having been a member for seven years, Councilman Braun was presented
with a thank-you carnatiori, as were Councilmembers Erickson and Rogers as a
foreshadowing of their future memberships. Ms. Hordyk reminded the Council that
May is Older Americans Month, that May 12-18 is National Senior Center Week, and
that the Center will be celebrating its 33rd year on May 15, 2002. She expressed
appreciation to the Council in carrying out the Center mission of promoting the
physical, emotional, and economic well being of older adults and encouraging their
participation in all aspects of community life. In addition, Ms. Hordyk presented Mayor
Wiggins with the keys to the 1986 Ford van which was presented by the City to the
Center in 1986 and which is now being replaced by a 2002 Ford Van with wheel-chair
accessibility. A check for $40,000.00, representing various Senior Center fund-raisers,
was then presented to the Mayor as the Center's donation toward the procurement of
the new vehicle.
2. Schools Update Communication by Dr. Gary Cohn, P A School Superintendent
Dr. Gary Cohn, Port Angeles School Superintendent, thanked the Council for
opportunity to present an update on current events within the district. The steadily
dropping enrollments and education funding from the State Legislature forced the
School Board to look for ways to cut back on expenditures in the amount of$l, 700,000.
! ?-
CITY COUNCIL MEETING
May 7, 2002
Schools Update by
Dr. Gary Cohn, Port
Angeles School
Superintendent (Cont'd)
National Maritime
Proclamation
National Public Works
Week
LATE ITEMS TO BE
PLACED ON TillS OR
FUTURE AGENDA:
WORK SESSION:
FINANCE:
William Shore Pool
Consultant Contract
Amendment
In order to meet this figure, the School Board began by moving closer to the State
staffmg levels which required the elimination of twelve positions, but no lay-offs were
required. Programs, low-enrollment courses, and the Skills Center will be areas subject
to reduction. Through the concentrated efforts of the City, the School District, the Boys .
& Girls Club, the YMCA, and possibly Head Start, facility use problems and
duplications can be avoided.. Dr. Cohn also mentioned the Multi-Cultural Task Force
and its potential impact on the community's involvement with the District. Mayor
Wiggins complimented the District for its efforts.
3.
National Maritime Proclamation
Following Mayor Wiggins' reading of the proclamation, Mr. Ed VanWald, a former
member of the Merchant Marine, accepted the certificate proclaiming May 22, 2002,
as National Maritime Day. Mr. VanWald proudly acknowledged and accepted the
certificate on behalf of all members of the Chapter.
4.
National Public Works Week
Public Works and Utilities Director Glenn Cutler, on behalf of the Public Works
employees, accepted from Mayor Wiggins a certificate proclaiming May 19-25,2002,
as National Public Works Week.
Councilman Headrick asked to add the Rayonier portion of the Discovery Trail to the
agenda; it was added as Agenda Item 1.2. Manager Quinn requested that an agreement
between the Port and the City concerning law enforcement services at the airport be
added. It was added as Agenda Item 1.3.
None.
Mayor Wiggins moved Finance Item 3 to the first position in order to accommodate .
Councilmember Erickson's early departure.
I.
William Shore Pool Consultant Contract Amendment
Parks & Recreation Director Connelly introduced Jerry Cole, Recreation Services
Manager, to provide an update to the Council on the feasibility analysis of options for
renovating the Pool. The Steering Committee, reconvening in 2001, presented a fourth
option for the Pool which was not included in the original analysis. Director Connelly
asked that Mr. Cole address this issue as well as others surrounding the proposed
project. Using a power-point presentation, Manager Cole began with an historical
summary followed by a current look at declining use, increasing maintenance costs, and
non-compliance with State Codes for competition. Further explanation was given
regarding the proposed changes, allowing for multiple uses and code compliance and
for the additional option.
Discussion ensued, and Director Connelly explained that it is important to move into
the next phase by obtaining updated cost figures, as well as architectural drawings. He
noted that such a project will likely need to be funded by an outside source, such as via
a bond issue. Additionally, it is important to obtain feedback from the public to be
certain the plan will meet the needs of the community in the long term. Councilmember
Rogers felt it would be helpful to obtain copies of the original feasibility analysis,
particularly since new members had joined the Council after the issuance of the study.
Following further questions and answers, Councilman Headrick moved to approve
funds from the Capital Facilities Program in the amount of$20, 839.00 and enter
into a contract amendment on behalf ofthe City with ARC Architects for the scope .
of work, to include a review of all building systems with an aquatics addition, an
analysis of zoning impacts with the west addition, the development of elevation
16
- 2-
.
William Shore Pool
Consultant Contract
Amendment (Cont'd)
Consultant Contract
Amendment for Fire Hall
Roof Repair Design &
Construction Oversight
PUBLIC HEARINGS -
QUASI-JUDICIAL:
Rezone Application - REZ
02-03: Port Angeles School
District
Ordinance No. 3114
.
FINANCE: (Cont'd)
Phase III Downtown
Watermains/Sidewalks -
Loan Reconsideration -
West Side of Laurel
between West Side and
First Street
.
CITY COUNCIL MEETING
May 7, 2002
studies for the addition, a statement of probable construction costs, and an artists
rendering of the renovated aquatics facility. Councilmember Erickson seconded
the motion, which carried unanimously.
2. Consultant Contract Amendment for Fire Hall Roof Repair Design &
Construction Oversight
Public Works & Utilities Director Cutler explained the next phase for repairs to the fIre
hall roof, the reasons behind the damage, and WCIA's preliminary indication that
coverage should be provided to cover the costs. Director Cutler explained the
importance of proceeding with this amendment in order to assure that the repair project
and roof repairs stay on a time line so as to assure completion during this construction
season. Following a brief question and answer session related to WCIA insurance
reimbursement and temporary repairs, Councilman Campbell moved to authorize the
Mayor to sign Amendment No.1 to the current agreement with Wiss, Janey,
Elstner Associates, Inc., for design and construction services for the Fire Hall Roof
Repair in an amount not to exceed $84,000.00. Councilman Braun seconded the
motion, which passed unanimously.
Rezone Application - REZ 02-03: Port Angeles School District: Requestfor rezone of
three properties located adjacent to the Port Angeles High School from RS-7,
Residential Single Family, to PBP, Public Buildings and Parks
Following an introduction and explanation by Planning Director Collins, Mayor
Wiggins opened the public hearing at 7: 12 p.m. There being no public testimony, the
public hearing was promptly closed. Mayor Wiggins read the Ordinance by title,
entitled
ORDINANCE NO. 3114
AN ORDINANCE City of Port Angeles, Washington, rezoning 3 parcels of
Port Angeles School District property at the high school complex
south of Park Avenue and west of Peabody Street from RS-7,
Residential Single Family, to PBP, Public Buildings and Parks.
Councilman Braun moved to adopt the Ordinance as read by title, citing Findings
1 -15 and Conclusions 1 - 6 as set forth in Exhibit "A", which is attached to and
becomes a part of these minutes. The motion was seconded by Councilman
Williams. Councilmember Erickson departed the meeting at 7:14 p.m., after which a
vote was taken on the motion. Of the remaining Councilmembers present, the
motion carried unanimously.
3.
Phase II Downtown WatermainslSidewalks - Loan Reconsideration - West
Side of Laurel between West Side and First Street
Director Cutler explained the reasons for including the sidewalk on the west side of
Laurel Street in the. Public Works Trust Fund Loan application. He indicated the
Council did not need to decide at this time whether to do a structural sidewalk or a
sidewalk on fill, but the inclusion of the additional loan amount would provide
flexibility to the Council at a later date. Councilman Williams spoke in support of
leveraging the additional funds, after which he moved to revise the PWTF loan
project scope to include the sidewalk replacement on the west side of Laurel Street
between Front and First Streets and authorize the Mayor to sign the PWTF loan
application certification in a revised amount not to exceed $2,200,000 for Phase III
of the Downtown Watermain and Sidewalk Replacement Project and, further, if
the loan is approved, authorize the Mayor to execute the PWTF loan agreement
provided that the loan amount does not exceed $2,200,000. Councilmember Rogers
seconded the motion, which carried unanimously.
17
-3-.
CITY COUNCIL MEETING
May 7, 2002
Consultant Service
Contract Approval - Ennis
Creek Estates Subdivision,
DelGuzzi Drive
Break
CONSENT AGENDA:
CITY COUNCIL
COMMITTEE
REPORTS:
ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
RESOLUTIONS:
OTHER
CONSIDERATIONS:
Appointments to
Construction Code Board
of Appeals
4. Consultant Service Contract Approval - Ennis Creek Estates Subdivision,
J)eICTuzziJ)rive
Director Collins referenced a memorandum from the Real Estate Committee, which was
distributed earlier in the day to the Council. The memo delineated three different
options for proceeding with the Ennis Creek Estates Subdivision: 1.) complete the
subdivision fmal platting requirements, 2.) complete the preliminary plat and one phase
of a fmal plat at reduced improvement costs, and 3.) complete the preliminary plat but
not proceed with final plat improvements until after a more concerted effort to sell the
29-lot residential subdivision as a whole and at a discount. Director Collins indicated
the City may sustain $200,000 in expenses related to storm drainage, lighting, fencing,
and the like. He noted the Council was being asked to authorize a consultant services
contract to proceed with the preparation of a fmal plat design and application.
Therefore, following brief discussion, Councilman Campbell moved to accept the
recommendation of the Real Estate Committee to approve the authorization of a
consultant services contract for preparing a final plat design and application in an
amount not to exceed $35,000.00. Councilman Braun seconded the motion, which
carried unanimously.
.
Mayor Wiggins recessed the meeting for a break at 7:35 p.m. The meeting reconvened
at 7:50 p.m. at which time Mayor Wiggins added the issue of the $3.00 Ferry User Fee
as Agenda Item 1.4.
Following a brief question and answer session, Council member Rogers moved to
accept the Consent Agenda to include: 1) City Council Minutes - April 16 regular
meeting and April 26, 2002 special meeting; 2) Check Register - April 26, 2002 -
$865,835.53; 3) Electronic Payments - April 26, 2002 - $376,983.80; 4) Payroll
Information - April 28, 2002 - $448,506.24; and 5) Travel exceeding $1,500 - Finance
Department. Councilman Braun seconded the motion, which carried unanimously.
.
Councilman Headrick attended a meeting regarding the 1/10 of 1 % tax for jail purposes
and stated that the County prefers attaching the percentage to the jails.
Councilmember Rogers attended the Community & Economic Development Committee
meeting and was enthusiastic about the pending actions of the committee.
Mayor Wiggins toured K-Ply, met with a group of Chinese students touring City Hall,
and attended a concert by the Young Ambassadors.
Councilman Williams commented on the success of Benefit Dump Day, attended the
PRTPO meeting regarding the Hood Canal Bridge closure, and mentioned the Chamber
meeting and the PABA meeting on the Jones Act.
None.
None.
1.
Appointments to Construction Code Board of Appeals
Clerk Upton reviewed the nominations for the Board of Appeals, following which
Councilman Campbell moved to accept the recommendation to appoint Terry
Donnell, Michael "Doc" Reiss, and Gregory Bondy to the Construction Code
Board of Appeals for the term ending February 28, 2006. The motion was .
seconded by Councilmember Rogers and carried unanimously.
18
-4-
.
.
.
Rayonier Portion of Trail
CitylPort Agreement for
Airport Security
Comment reo $3.00 Ferry
User Fee
PUBLIC HEARINGS -
OTHER:
INFORMATION:
EXECUTIVE SESSION:
RETURN TO OPEN
SESSION:
CITY COUNCIL MEETING
May 7, 2002
2.
Rayonier Portion of Trail
Referring to a May 7th memo in the Council packet from Directors Cutler and Connelly
regarding the Centennial Trail Status, Councilman Headrick suggested that the City
focus on phase one of the three phases mentioned in the memo which would require in-
house planning. The monies to fund phase one would total $80,000; in order to open
the trail sometime around the fIrst of August, these monies would have to be approved
from the reserves or from the General Fund.
Discussion followed which centered on funding sources, contractors, time lines,
resulting in Councilmember Rogers moving to commit the $80,000 to move this
project forward and do everything to mitigate the schedule and get the project
completed. Councilman Williams seconded the motion, which carried
unanimously.
Councilman Williams wondered if a celebration could occur on Memorial Day and a
temporary walk-through the Rayonier site. Director Collins had followed up with the
Department of Ecology Project Manager for the clean up ofRayonier, and he is looking
at the issue whether a temporary gravel trail could be used. Any project on the site
without the Project Manager would require strenuous conditions. Because of this,
Director Collins stressed that young people could probably not be on the site. Rayonier
would also have to be consulted about liability issues. Staff will continue to follow up
on the matter to determine if the Memorial Day celebration is feasible.
3.
City/Port Agreementfor Airport Security
Police Chief Tom Riepe deferred to OffIcer Mike Hall to address the project. Referring
to the Transportation Safety Administration (TSA), OffIcer Hall informed the Council
that at some point in the future, federal security offIcers will be at every airport.
Because TSA now requires one law enforcement offIcer for each checkpoint, contracts
and agreements must in place in order to place an offIcer at the checkpoint by May 10,
2002. The minimum commitment for the airport security is six months, and payment
for this service will come from the Port via TSA. Councilman Headrick moved to
authorize the Mayor to sign the contract with the Port to provide security services
at the airport for an unknown amount, to be determined within thirty days.
Councilmember Rogers seconded the motion, which carried unanimously.
4.
Comment reo $3.00 Ferry User Fee
Subsequent to discussion, Councilmembers agreed by consensus that an objection to the
proposed $3.00 ferry user fee would be in order and that a letter should be drafted by
Manager Quinn to be sent to INS opposing the discriminatory manner in which they are
accessing the fee.
None.
Manager Quinn reminded the Council that a joint City Council / County Commissioner
meeting has been tentatively scheduled for June 11; an agenda for the meeting will be
forthcoming. Reference was also made to the change in the City Council meeting from
June 18 to June 17, 2002. Discussion ensued regarding project status updates.
The meeting adjourned to Executive Session at 9: 10 p.m. to discuss labor negotiations,
real estate, and litigation for approximately 45 minutes.
The meeting returned to Open Session at 10: 15 p.m. The Council discussed the
. response letter from the Mayor to Commander Peterson regarding the Coast Guard's
19
- 5-
CITY COUNCIL MEETING
May 7, 2002
ADJOURNMENT:
racism concerns.
The meeting was adjourned at 10: 15 p.m.
Glenn Wiggins, Mayor
?9-
Becky J. Upton, City Clerk
.
.
.
02/05/13-09:49
.
Fnd Dpt Check
Number
001
.
0001
. 0002
City of Port Angeles - LIVE MACHINE
Vendor
Name
CHECK REGISTER
Date From 04/27/2002 To 05/10/2002
Vendor
Number
69857 Sunmark Seeds Internationl Inc 19873
69868 WA State Patrol - WASIS 23281
69880 ATS Sports
69898 Peninger, Tyler
69906 Washington (DOL), State of
69926 Burrett, Peter W
69930 Clallam Co Treasurer
69963 Insight Direct Inc.
69984 Northwoods Wholesale Nursery
69992 Oriental Trading Co. Inc.
70011 Recreonics Incorporated
70015 San Diego Police Equip Co
70022 Shamrock Sales
70033 Ultramax
70035 WA State Patrol - WASIS
70038 Washington State Treasurer
69798 Flex-Plan Services Inc.
69861 Terryberry
69866 Verizon Wireless, Bellevue
01539
16171
04137
02163
03075
09085
14525
15033
18061
19879
19683
21056
23281
23120
06158
20002
01105
69872 Washington Audiology Svc~ Inc 23274
69899 Port Angeles City Treasurer 03062
69915 Advanced Travel 01090
69997 Peninsula College
70000 Port Angeles City Treasurer
69786 Diversified Resource Center
69848 Ricoh Business Systems Inc
16011
03062
04052
18425
69869 WFOA (WA Finance Officers Assn 23006
69899 Port Angeles City Treasurer 03062
Description
Home plate clay
Criminal history-Dinius
Criminal history-Sellers
Criminal history-Ciarlo
Criminal history-Hill
Criminal history-Peterson
Tennis balls,holder,squeegee
Tennis balls
Trainer bullets
Concealed Pistol Licenses-Apr
Blue dot lens
CVCA remittance-April
Gigaswitch,gigabit module
3 Palm Pilots,2 cradles
Switches
Software-'BrightStor Upgrades
Plants
Frames,mosiac squares, pots
Pole,handle,brushes
Flow switch
Maxisweep cartridges
Bean bags for shotguns
35nm Film
Bullets
Criminal history-Young
Criminal history-Williams
District Court revenue-March
District Court revenue-March
Monthly processing-April
Travel clock
Watch
04-15 Verizon billing
04-15 Verizon billing
Hearing tests
Luncheon supplies-Martin
Coons to Tukwila 04-24
Williams to pt Townsend 4-19
'Conflict Resolution' 04-18
Bubble mailers-Martin
GL Code
Number
1 2370000
1 2295000
1 2295000
1 2295000
1 2295000
1 2295000
1 2370000
1 2370000
1 2370000
1 2296000
1 2370000
1 2294000
1 2370000
1 2370000
1 2370000
1 2370000
1 2370000
1 2370000
1 2370000
1 2372000
1 2372000
1 2370000
1 2370000
1 2370000
1 2295000
1 2295000
1 2293000
1 2291000
May 13 2002
Total for Department
111 4150
113 3101
113 3101
111 4210
112 4210
113 4150
111 3101
113 4210
112 4310
125 4310
111 3101
Total for Administration
April Copy Center svcs
Copier supplies
Color copies
Copies
22~ Membership-Rudolph
Batteries-Hainstock
205 4150
205 4530
205 4530
205 4530
230 4901
240 4210
Page
Amount
48.79-
24.00
24.00
24.00
24.00
24.00
29.30-
2.91-
1.69-
381.00
1. 73-
334.72
61.63-
98.49-
45.58-
32.31-
48.51-
4.22-
8.44-
14.70-
49.98-
18.99-
19.48-
29.28-
24.00
24.00
13,158.76
898.25
14,424.70
123.30
22.66
245.66
16.76
16.76
1 ,033 . 25
5.98
12.80
33.58
1,000.00
2.29
2,513.04
1,626.68
23.48
251.50
35.38
50.00
5.40
02105/13-09:49 City of Port Angeles - LIVE MACHINE May 13 2002 Page 2
CHECK REGISTER .
Date From 04/27/2002. To 05/10/2002
Fnd Opt Check Vendor Vendor Description GL Code Amount
Number Name Number Number
69903 Postmaster 16028 Replenish postage permit #67 205 4210 5,000.00
69909 Nevaril, Trina 14134 Reimburse tuition expenses 230 4310 228.60
69915 Advanced Travel 01090 Possinger to Everett 02-19 230 4310 177.38
Ziomkowski to Chelan 04-09 201 4310 477.52
Ziomkowski to Blaine 04-17 201 4310 120.30
69932 Clarin, Stuart R0293 Stop pmt on ck 69046 3-22-02 230 4150 8.00-
69981 NW Treasurers Institute 14030 Certification training-Veld 230 4310 540.00
Certification training-Emery 240 4310 570.00
69989 Olympic Delivery Service Inc. 15020 April delivery services 240 4150 84.70
70000 Port Angeles City Treasurer 03062 E-Z writer-Nevaril 230 3101 37.77
70010 Radix Corporation 18004 Monthly maintenance-June 240 4810 176.37
70047 Xerox Corporation 24001 DC440AC March lease 205 4530 641.65
DC490SLC March lease 205 4530 2,066.23
WCP416C3 March lease 205 4530 98.06
DC490 SLC system lease-April 205 4530 2,271. 72
DC440AC lease-April 205 4530 641.65
WCP416C3 Copier lease-April 205 4530 147.97
Staples 205 3101 56.26
Total for Finance 15,320.62
0003 69776 Clallam Jefferson Public Dfndr 03274 Public Defender fees for May 312 4150 2,75.
69915 Advanced Travel 01090 Knutson-Ocean Shores 04-24 311 4310 390.43
Dickson-Ocean Shores 04-24 312 4310 405. 16
69929 Clallam Co District Court 1 03069 Court costs-April 312 5090 7,114.21
70047 Xerox Corporation 24001 DC220SLX lease pe 03-30 312 4530 497.58
DC220SLX lease pe 03-30 311 4530 213 . 25
Total for Attorney 11,370.63
0004 69793 Evergreen Towing 03207 Junk car abatement 420 4150 757.40
69899 Port Angeles City Treasurer 03062 Home Builders Assoc-Haehnlen 420 4310 19.00
69915 Advanced Travel 01090 Johns to Mt Vernon 04-19 411 4310 22.30
Collins to Seattle 04-10 411 4310 69.30
Collins to PT,Seattle 04-19 411 4310 72.30
69996 Peninsula Awards & Trophies 16061 Engraving-Harris,Rasmussen 411 3101 10.82
70047 Xerox Corporation 24001 Staples 420 3101 28.14
Total for Community Development Dept 979.26
0005 69774 Clallam Co Humane Society 03072 Contract pmt-April 530 4150 3,634.33
69801 Gellor Insurance Inc. 07030 Renew Surety Policy-Zenonian 534 4150 75.00
69895 Kuch, Tom 11170 Reimburse boot repair 530 2080 45.00
69896 Lowell, Jack 12330 Reimburse clothing allowance 530 2080 341. 97
69898 Peninger, Tyler 16171 Trainer bullets 530 3101 22.19
69900 Riepe, Tom 18081 Reimburse tuition,books 511 4310 1,1.
69902 Washington (Notary), State of 23140 Notary renewal-Zenonian 534 4150
69911 Port Angeles Fire Department 16025 Teach First Aid Classes 530 4990 176.00
69915 Advanced Travel 01090 Winfield,Ensor-Bellevue 4-07 530 4310 1,024.00
L~~l to Bellevue 04-11 530 4310 149.80
Zenonian to Yakima 04-09 534 4310 127.50
02/05/13-09:49 City of Port Angeles - LIVE MACHINE May 13 2002 Page 3
. CHECK REGISTER
Date From 04/27/2002 To 05/10/2002
Fnd Opt Check Vendor Vendor Description GL Code Amount
Number Name Number Number
McFall to Burlington 04-17 530 4310 195.25
69918 Angeles Lock Shop 12050 Keys, tags 530 4990 6.10
69943 Eastern Washington Hay Co 05135 Dog food 530 4980 107.09
70014 Ruddell International 18032 Handcuffs,holsters,cartridges 530 3180 426.79
70015 San Diego Police Equip Co 19879 Bean bags for shotguns 530 3101 250.49
70022 Shamrock Sales 19683 351T1ll Film 530 3101 256.98
70028 Taser International 20344 M26 Training-Viada 530 4310 195.00
70033 Ul tramax 21056 Bullets 530 3101 386.28
70036 WASPC North Sound 23177 Electronic monitoring 512 5099 285.00
70037 Washington Fire & Safety Equip 23004 Extinguisher maintenance 530 4990 66.00
Total for Pol ice 8,954.14
0006 69773 Clallam Co EMS/ 03068 Medic I Advisory for May 643 4150 500.00
69907 Edgington, Sharon 05017 Teach CPR class 04-23 643 3108 25.00
69908 Moroz, James 13065 Teach First Aid class 05-01 643 3108 160.00
69915 Advanced Travel 01090 Gunn to Richland 04-05 645 4310 176.00
Bogues to Edmonds 04-29 645 4310 12.80
69922 Best Access Systems 02606 Lock 684 4810 72.29
. 69923 Bogues, Keith 02165 Survey of Psych tuition/book 645 4310 336.80
69938 Curtis & Sons Inc, L. N. 03098 Gloves 641 3111 73.22
Boots 644 3111 280.57
69950 GE Medical Systems 01027 Biomed service contract-Apr 643 4150 54.10
Biomed service contract-May 643 4150 54.10
69956 Costco Credit Card Pmts 03261 Fire station supplies 684 3101 188.70
Fire station maintenance 684 3120 39.43
General office supplies 611 3101 148.29
Fire prevention film,supplies 642 3101 47.89
Batteries,supplies 641 3101 93.99
Training supplies 645 3101 32.45
69967 Kenyon, Scott 11002 Teach CPR class 04-23 643 3108 35.00
69973 Larry's Janitor Service 12040 Janitorial svc-April 684 4150 395.00
70019 SeaWestern Inc. 19104 Hose assembly 641 3501 70.24
70034 Verizon Wireless, Bellevue 01105 04-15 Verizon billing 643 4210 9.92
04-15 Verizon billing 641 4210 1.09
04-15 Verizon billing 641 4210 10.18
70047 Xerox Corporation 24001 DC220SS March lease 611 4530 197.97
70049 Zep Manufacturing Company 26211 Truck soap, wax 641 3101 228.26
Total for Fire 3,243.29
0007 69770 Captain T's 03048 Hats 711 3101 129.30
69772 Clallam Co Department of 03020 Water quality monitoring svcs 711 4150 100.00
69866 Verizon Wireless, Bellevue 01105 04-15 Verizon billing 711 4210 9.92
04-15 Verizon billing 711 4210 9.92
. 04-15 Verizon billing 711 4210 9.92
69913 AT&T Wireless Services 01404 04-27 AT&T a/c 48966287 711 4210 13.22
69915 Advanced Travel 01090 Cutler to Spokane 04-07 711 4310 261.80
69935 Complete Line, The 03087 Report covers,paper,markers 711 3101 51.52
B~~rs,indexes,pads,chalk 711 3101 115.38
69966 Kenworthy, Gary 11013 Reimburse mileage expense 711 4310 27.00
02/05/13-09:49
City of Port Angeles - LIVE MACHINE
CHECK REGISTER
Date From 04/27/2002 To 05/10/2002
Fnd Dpt Check Vendor Vendor Description GL Code
Number Name Number Number
70000 Port Angeles City Treasurer 03062 Filing fees-Funston 711 4990
70047 Xerox Corporation 24001 DC265 lease pe 02-01 711 4530
DC460SLC March lease 711 4530
DC214S March lease 711 4530
0008
69780 Coastwide Laboratories
.03660
69818 L & L Tool Specialties
69821 M & P Garage Doors
69837 Northwest Swim Shop
69845 Qwest
12035
13100
'14219
21001
69854 Specification Sales Inc. 19029
69855 Steuber Distributing Inc 19033
69857 Sunmark Seeds Internationl Inc 19873
69881 Air Control Inc 01058
69883 All Phase Electric Supply Co. 01061
69884 Anderson, Darryl 01540
69899 Port Angeles City Treasurer 03062
69905 Connelly, Marc 03586
69915 Advanced Travel 01090
69927 Schuck's Auto Parts 19008
69946 Familian NW 06020
69952 Gibson Design Group 07207
69976 Lincoln Industrial Corp. 12047
69984 Northwoods Wholesale Nursery 14525
69996 Peninsula Awards & Trophies 16061
69998 Pettit Oil Company 16302
70000 Port Angeles City Treasurer 03062
70007 Quiring Monuments Inc. 17001
70011 Recreonics Incorporated 18061
Liners
Restroom cleaning supplies
Mop,mop handle
Paper towels,toilet tissue
Broom handle
Repair shop door
Fins
04-14 Qwest billing
04-20 Qwest billing
Shower cartridges,set screws
Fertilizer,weed killer
Fertilizer
Home plate clay
Air filters
Lamp
Circuit breakers
Li ghts
Lamps
Connectors,blank plates
Plug,connector
Reimburse Class 'A' license
Labels-Bilsborrow
Reimburse LD business calls
Cole to Wenatchee 04-16
Starting fluid, tire gauges
Compression couplings
Parts to repair urinal
Landscape design svcs pe 3-31
Tube steel
Plants
Black brass plaque-Dier
Tax adjustment for 12-27-01
Keys-Breitbach
Keys-Swenson
Swim lesson refund-Hoban
Marker-Kannair
Foundation,marker-Freed
Shutter inscription-Johnson
Marker-Hansen
Marker-Schulmeister
Marker-York
Marker-Stigall
M2i1r-HUghes
Pole, handle, brushes
May 13 2002
Total for Public Works
865 3120
865 3120
865 3120
865 3120
865 3120
865 4810
862 3101
862 4210
863 4210
862 3120
865 3140
865 3140
865 3140
863 3120
830 3120
862 3120
830 3120
830 3120
830 3120
830 3120
865 4990
811 3101
811 4210
861 4310
865 3120
865 3140
830 3120
811 4150
865 3120
865 3140
866 3401
865 3120
830 3101
863 3101
862 34730012
866 3401
866 3401
866 3401
866 3401
866 3401
866 3401
866 3401
866 3401
862 3120
Page 4
.
Amount
18.00
346.06
941.55
71.14
2,104.73
3,255.62
2,559.35
18.58
7,429.30
8.63
341.91
337.05
41.71
60.50
456.21
1,547.21
286.44
~I
7 .
62.66
79.67
37.55
5.19
26.61
82.00
27.29
62.91
245.76
31. 11
21.46
40.23
1,425.00
18.85
640.06
23.25
.86
4.54
1.50
15.04
52.25
257.45
78.80
39.
34
528.20
156.75
157.70
111. 37
02/05/13-09:49
.
Fnd Opt Check
Number
.0001
102 0007
.0001
City of Port Angeles - UV~ MACHINE
.Vendor
Name
70023 Simplex Grinnell lP
70031 Thurman Supply
69762 Brewer, David
69786 Diversified Resource Center
69866 Verizon Wireless, Bellevue
69883 All Phase Electric Supply Co.
69921 Bentley Company, The
69935 Complete line, The
69947 Flint Trading Inc.
69972 lakeside Industries Inc.
70027 TSM Company
70031 Thurman supply
69826 Maybee's Deli
69899 Port Angeles City Treasurer
70001 Port Angeles Downtown Assn.
CHECK REGISTER
Date From 04/27/2002 To 05/10/2002
Vendor
Number
19855
20005
02055
04052
01105
01061
02585
03087
06156
12036
20342
20005
13036
03062
16024
Description
Flow switch
Maxisweep cartridges
Fire extinguishers
Toilet,seat,extension kit
Toilet tank flapper ball
Wire,ballast
Polypipe,clamps,couplings
Sign
landscape fabric,tee,adapters
Nipples,couplings
Receptacle plates
Tee,couplings,ells,solder
Valves,tee,ell,adapter
Gloves
Adapter,elbow
Contract services for May
May 13 2002
Gl Code
Number
862 3120
862 3120
865 3120
865 3120
865 3120
830 3120
865 3140
865 3120
865 3140
862 3120
863 3120
830 3120
830 3120
865 3140
865 3140
Total for Parks & Recreation
Total for General Fund
115 4990
Total for Convention Center Fund
April Janitorial svcs
04-15 Verizon billing
Junction box
Toggle switch,hacksaw blades
Spark plugs,handles,filters
label
Binders,indexes,pads,chalk
Pavement marking materials
Pavement marking materials
Asphalt
Asphalt
Traffic signal controller
Traffic signal controller
Fasteners
Pipe,cement,primer,coupling
Pipe
Sewer cap
Elbow,coupling,pipe
lunches - EDC meeting
Chamber lunch-Smith
EDC Board meeting-Smith
Contract pmt-1st Qtr
25
752 4810
752 4210
752 4810
752 4810
7523501
752 3501
752 3101
752 3125
752 3125
752 3120
752 3120
752 3125
752 3125
752 3120
752 3120
752 3120
752 3120
752 3120
Total for Street Fund
123 3101
123 4310
123 4310
123 4150
Total for Economic Development
Page 5
Amount
193.86
659.48
1,968.19
180.80
2.80
53.21
6.37
1.41
65.99
12.90
22.57
44.97
33.73
10.37
1.04
25,450.47
84,360.88
100.00
100.00
n.83
2.50
51. 94
6.13
74.69
2.14
63.02
4,766.88
5,514.68
810.40
129.84
204.77
248.82
18.83
18.55
41.45
2.60
14.90
12,049.97
27.32
16.13
8.00
4,375.00
4,426.45
02/05/13-09:49
City of Port Angeles - LIVE MACHINE
May 13 2002
CHECK REGISTER
Date From 04/27/2002 To 05/10/2002
Fnd Dpt Check
Number
Vendor
Name
Vendor
Number
107 0005 69911 Port Angeles Fire Department 16025
69957 Hansen's Trophy 08047
69982 New World Systems 14184
69999 Plantronics Inc 16089
70002 Powerware 02153
172 0002
69777 Clallam Title Company
03286
174 0008
69770 Captain T's
03048
69806 Hi l t, Debbie 08545
69810 Jazz in the Olympics 10242
69875 Wilson Racquet Sports USA 23641
69880 ATS Sports 01539
69899 Port Angeles City Treasurer 03062
69914 Abreu, John 01530
69928 Carver, Chloe 03656
69937 Crumb, Casey 03662
69954 Guerra, Joe 07377
69959 Hert, Richard F 08173
69960 Hicks, John N 08060
69968 Ketchum III, John W 11268
69986 O'Hara, Patricia 15228
69988 Ochs, Andy 15227
69992 Oriental Trading Co. Inc. 15033
70000 Port Angeles City Treasurer 03062
70004 Pryor, Robert C 16588
70013 Rooney, Randy L 18462
70016 Sather, Ronald L 19871
70018 Scott, Brian 19877
70021 Serrianne, Michael D 19808
70026 Swanson, Dan 19878
70043 Wi lson, Donald L 23636
310 0007
69841 Parametrix Inc.
69915 Advanced Travel
69983 Northwestern Territories Inc.
70046 Wiss Janney Eistner Assoc Inc
16155
01090
14017
23619
Description
GL Code
Number
Teach First Aid Classes
Plaques,engraving
Service hours 04-09
Headset
Contract 76172N V2 pe 4-2005
532 4310
532 4990
532 4810
532 3501
532 4810
Total for PenCom
Recording fees-Malone RPA04L 214 4941
Total for PA Housing Rehab Project
Shirts 851 3101
Shirts 851 3101
Shirts 851 3101
Shirts 851 3101
Refund-Watercolor class 853 34760020
Deposit refund less cleanup 889 36240025
Tennis supplies 851 3101
Tennis balls,holder,squeegee 851 3101
Tennis balls 851 3101
Fishing Derby supplies 854 3101
Umpire Slowpitch Tourneys 852 4150
Officiate Roundball Tourney 852 4150
Score Roundball BB Tourney 852 4150
Score Roundball BB Tourney 852 4150
Officiate Roundball BB Tourney 852 4150
Umpire Softball Tourneys 852 4150
Officiate Roundball BB Tourney 852 4150
Officiate Roundball BB Tourney 852 4150
Officiate Roundball BB Tourney 852 4150
Score Roundball BB Tourney 852 4150
Score Roundball BB Tourney 852 4150
Frames,mosiac squares, pots 854 3101
Photo fishing derby-Cole 854 3101
Umpire Slowpitch Tourneys 852 4150
Umpire Slowpitch Tourneys 852 4150
Officiate Roundball Tourney 852 4150
Officiate Roundball BB Tourney 852 4150
Umpire Slowpitch Tourneys 852 4150
Officiate Roundball BB Tourney 852 4150
Officiate Volleyball league 851 4150
Umpire Slowpitch Tourneys 852 4150
Officiate Roundball BB Tourney 852 4150
Total for Recreational Activities Fund
LF Engineering pe 03-29
Gloor to Seattle 04-20
~~uzzi Drive pe 04-20
PA Fire Station roof pe 3-31
783 4150
783 4310
783 4150
783 4150
Page 6
.
Amount
174.00
70.18
125.00
42.20
3,884.38
4,295.76
13.00
13.00
107.39
134.71
128.49
115.77
45.00
120.00
144.02
386.55
~.
114.00
180.00
60.00
35.00
280.00
114.00
200.00
280.00
60.00
70.00
50.00
55.62
8.94
304.00
171.00
200.00
180.00
133.00
100.00
15.00
133.00
200.00
4,18.
42.56
49.00
3,728.00
4,838.52
I
02/05/13-09:49
.
City of Port Angeles - LIVE MACHINE
May 13 2002
Fnd Opt Check
Number
325 0002
401
.
.
Vendor
Name
70048 Zenovic & Associates
CHECK REGISTER
Date From 04/27/2002 To 05/10/2002
Vendor
Number
26216
69883 All Phase Electric Supply Co. 01061
69949 Foster Pepper & Sheffelman 06063
69785 Dewey, Stephanie
69800 Gage, Teri
69822 MaCarty, Gabriel
69827 McDonald, Chris
69853 Shields, Celeste
69874 ~estern States Electric Inc.
69925 Brown, Jason and Sarah
69951 General Pacific Inc.
69953 Green, Lora
69958 Helgeson, David T
69962 IEEE
70006 Quill Corporation
70030 Terhune Homes Inc
70041 ~estern States Electric Inc.
70042 ~illiams, Jacqueline
70044 ~indermere Relocation Inc
70045 ~insby, James E
'04407
07379
13687
:13516
19583
23025
02670
07034
07380
08546
09062
17000
20343
23025
23642
23643
23644
69764 Business Answerphone Service 02166
69770 Captain T's 03048
69779 Clover Park Technical College 03602
0009
69786 Diversified Resource Center 04052
69788 EES Consulting Inc 05140
69791 Equifax - Credit Information 05160
69817 Kleinschmidt Associates Inc 11256
69818 L & L Tool Specialties 12035
69823 Marsh Mundorf Pratt & Sullivan 13287
69836 North Coast Electric Company .14173
69851 Sanderson Safety Supply Co. 19048
69866 Verizon ~ireless, Bellevue 01105
69874 ~estern States Electric Inc. 23025
Description
GL Code
Number
Centennial Trail pe 03-31
Centennial Trail pe 04-30
792 4150
792 4150
Total for Capital Improvement Fund
Receptacles
Software acquisition
260 3101
260 4150
Total for Finance System
Utility deposit rfd-124627007 401 2391200
Utility deposit rfd-124512014 401 2391200
Utility deposit rfd-114634035 401 2391200
Utility deposit rfd-000124016 401 2391200
Utility deposit rfd121444011 401 2391200
Neutral wire basket 401 1411000
Utility overpmt rfd-116696012 401 1222200
~ire 401 1414000
Wire 401 1411000
~ire 401 1414000
~ire 401 1411000
Utility overpmt rfd-000167012 401 1222200
Utility overpmt rfd-124262001 401 1222200
Electrical safety codes 401 2370000
Pens, ruled pads 401 2370000
Utility overpmt rfd-135905001 401 1222200
connectors,dustcaps,C-taps 401 1414000
connectors,dustcaps,C-taps 401 1411000
Utilco pedestal floodseals 401 1411000
Utility overpmt rfd-124496003 401 1222200
Utility overpmt rfd-037362005 401 1222200
Utility overpmt rfd-1204210003 401 1222200
Total for Department
May services
Shirt
Apprenticeship-~ahto 1st yr
Apprenticeship-~ahto 2nd yr
April Janitorial svcs
~PAG 2002 p~ 03-31
Credit svcs-pe 04-10
Morse Crk Valuation pe 03-29
Anmunition
~PAG 2002 pe 03-30
Cable tie mounts
Batteri es, sensor
Batteries,sensor
04-15 Verizon billing
~~~hes,scorer w/blade
'T' Rod
911 4810
911 3120
911 4310
911 4310
911 4810
911 4901
911 4150
911 4150
911 4810
911 4901
911 4810
911 3402
911 3120
911 4210
911 3501
911 3402
Page 7
Amount
12,576.40
5,532.28
26,766.76
74.65
1,200.07
1,274.72
73.80
142.95
54.40
69.48
70.47
595 . 10
98.61
1,096.50
148.34
582.42
47.76
150.73
41.42
34.11-
2.23-
33.14
540.00
1,520.02
429.93
12.71
95.78
148.96
5,916.18
160.00
51. 72
374.40
124.80
175.10
309.71
45.47
1,640.67
12.96
1,027.92
421.63
187.44
156.34
36.00
502.87
331.09
02/05/13-09:49 City of Port Angeles - LIVE MACHINE May 13 2002 Page 8
CHECK REGISTER
Date From 04/27/2002 To 05/10/2002 .
Fnd Opt Check Vendor Vendor Description GL Code Amount
Number Name Number Number
Wild life protectors, hoses 911 4810 301.99
Coi ls 911 3402 651.36
Ladders 911 3501 483.01
Freight chgs 911 4210 44.37
Freight chgs 911 4210 51. 04
69883 All Phase Electric Supply Co. 01061 Ana l og cl amp 911 3501 112.53
Relays,contact block 911 3402 46.01
Junction box, receptacle box 911 3402 15.65
Breaker 911 3402 14.43
Breakers 911 3402 91.52
Box covers 911 3402 30.94
Junction box,conduits 911 3402 108.65
Bushings,tile ring,conduit 911 3402 65.11
Conduit cl ip 911 3402 27.08
Channel struts 911 4810 10.60
Receptacle plates 911 3402 6.33
Circuit breakers 911 3402 74. -60
Receptacles 911 3402 9.19
Circuit breakers 911 4810 168.99
Toggle switch,hacksaw blades 911 3501 20.75
69888 Baublits, Tom 02669 Refund electrical permit fee 911 32210028 4.
69899 Port Angeles City Treasurer 03062 Filing fees-Rinehart 911 4990
Filing fees-Rinehart 911 4990 9.00
69913 AT&T Wireless Services 01404 05-02 AT&T a/c 44625127 911 4210 10.05
04-27 AT&T a/c 48531602 911 4210 37.26
05-02 AT&T a/c 44690139 911 4210 16.41
05-02 AT&T a/c 45528387 911 4210 21.17
05-02 AT&T a/c 45570652 911 4210 23.38
69915 Advanced Travel 01090 Oman to Chimacum 04-13 911 4310 92.27
69918 Angeles Lock Shop 12050 Tags,keys 911 4810 9.16
69919 Angeles Machine Works Inc. 01072 Pole jack repair 911 4810 256.69
69935 Complete Line, The 03087 Report covers,paper,markers 911 3101 51.51
69938 Curtis & Sons Inc, L. N. 03098 Knee boots 911 3120 108.68
69939 Den-Ree Productions 04342 Energy ads-April 915 4410 1,500.00
69951 General Pacific Inc. 07034 Flap tags 911 3120 154.19
69962 IEEE 09062 Electrical safety codes 911 3101 450.06
69964 Jaco Analytical Laboratory Inc 10233 Oil sample tests 911 4810 135.00
69977 Craft, Don 03424 Deep socket sets 911 3501 46.06
69983 Northwestern Territories Inc. 14017 Site cleanup completion 911 4150 180.00
69995 Parsinen Landscape Maintenance 16258 Landscape maintenance 911 4810 1,657.75
70006 Quill corporation 17000 Pens, ruled pads 911 3101 29.39
70012 Rohlinger Enterprises Inc. 18087 Seal kit, recondition saw 911 4810 218.06
Clean,test,recondition tools 911 4810 1,658.12
70031 Thurman Supply 20005 Pipe,coupling 911 4810 7.74
70047 Xerox Corporation 24001 DC220SS March lease 911 4530 277 . 97
Total for Light 14,8.
Total for Light Fund 20,812.87
28
402 69920 Backflow Apparatus & Valve Co 02346 Backfl ow devi ces 402 2370000 16.90-
02/05/13-09:49 City of Port Angeles - I "," ;.:~. May 13 2002
LI VE MACH I NE Page 9
CHECK REGISTER
. ' Date From 04/27/2002 To 05/10/2002
Fnd Opt Check Vendor Vendor Description Gl Code Amount
Number Name Number Number
69941 Display Sales Inc. 04263 US Outdoor flag, grommets 402 2370000 4.51-
70032 USA BlueBook 21060 long handled dippers 402 2370000 8.10-
Total for Department 29.51-
0007 69766 CH2M Hill Inc 03005 Professional svcs pe 03-29 793 4150 378.15
Professional svcs pe 03-29 793 4150 2,026.84
Professional svcs pe 03-29 793 4150 17,589.17
Professional svcs pe 03-29 793 4150 29,947.51
Professional svcs pe 03-29 753 6510 208.70
69786 Diversified Resource Center >'1 04052 April Janitorial svcs 753 4810 77.83
69802 Grainger Inc. 07015 Diaphragm pump 753 3402 176.03
Credit diaphragm pump 753 3402 162.39-
Diaphragm pump 753 3402 176.03
69840 PNPCA,Olympic Section 16267 Member dues-Young 754 4901 10.00
Member dues-Richmond 754 4901 10.00
Member dues-Hunt 754 4901 10.00
Member dues-Raymond 754 4901 10.00
Member dues-Waldron 754 4901 10.00
Member dues-Williams 754 4901 10.00
. Member dues-Gaul 754 4901 10.00
69845 Qwest 21001 04-16 Qwest billing 754 4210 57.42
04-20 Qwest billing 754 4210 57.42
04-20 Qwest billing 754 4210 57.42
04-20 Qwest billing 754 4210 57.42
04-20 Qwest billing 754 4210 57.42
04-20 Qwest billing 754 4210 57.42
04-20 Qwest billing 754 4210 57.42
04-23 Qwest billing 753 4210 64.15
04-23 Qwest billing 754 4210 57.42
04-23 Qwest billing 754 4210 57.42
04-23 Qwest billing 754 4210 57.42
04-20 Qwest billing 754 4210 40.75
69856 Stouder General Construction 19876 Surge Tank Replacement pmt 1 793 6510 26,150.88
69859 TEC (Treatment Equipment Co) 20259 Rental-6 GAC units pe 05-31 793 4530 639.74
69866 Verizon Wireless, Bellevue 01105 04-15 Verizon billing 753 4210 18.76
04-15 Verizon billing 754 4210 6.72
69882 Airport Garden Center 13409 Straw 753 3402 17.04
69883 All Phase Electric supply Co. 01061 lamp fixture,box covers 753 4810 52.88
Receptacles 753 4810 22.39
Receptacl es 753 4810 4.60
69899 Port Angeles City Treasurer 03062 USB TO Serial Port Cable-Sperr 793 3160 35.17
69901 Sperr, Stephen 19610 Compact flash card reader 793 3160 73.58
69913 AT&T Wireless Services 01404 05-02 AT&T ale 46031977 753 4210 38.74
69916 Airport Garden Center 13409 Straw 753 3402 17.04
. 69917 Angeles Communications Inc 01069 labor,wire,jack,face plates 753 4810 66.27
69920 Backflow Apparatus & Valve Co 02346 Backflowdevices 753 3402 222.90
69931 Clallam County 03066 Water testing 753 4810 432.00
69934 Cole Industrial Inc. 03300 Cam spring 754 3120 22.44
69941 Display Sales Inc. 04263 ~~tdoor flag, grommets 753 3120 59.46
69942 Dungeness Turf Farm Inc 04060 Sod 753 3402 212.16
02/05/13-09:49 City of Port Angeles - LIVE MACHINE May 13 2002 Page 10
CHECK REGISTER
Date From 04/27/2002 To 05/10/2002 .
Fnd Dpt Check Vendor Vendor Description GL Code Amount
Number Name Number Number
69946 Familian NW 06020 Spears socket ends 754 3120 49.66
Summator/Converter 753 3402 173.83
Air valves 753 3120 834.14
Gaskets 7533402 77.06
69987 ONDEO Nalco Chemical Company 14170 Flocculant 754 3120 3,554.38
69990 Olympic Springs Inc. 15029 Water 754 3120 17.04
Water,cups 754 3120 23.43
Cooler rentals 754 3120 21.53
69993 Paint Store, The 16064 Carpet 753 3120 55.48
69998 Pettit Oil Company 16302 Diesel 754 3211 607.59
70008 R J Services Inc. 18108 Watermain repair equipment 753 4810 3,195.95
70017 Scientific Supply & Equip Inc 19279 Polyseed cap 754 3120 104.68
70031 Thurman Supply 20005 Coupling,union 754 3120 13.57
Clamps,connectors 753 3120 33.91
Cable,fitting 753 3402 24.55
Adapter 793 6510 6.49
70032 USA BlueBook 21060 Long handled dippers 754 3120 106.80
70039 Water Environment Federation 23031 Renew member dues-Cutler 754 4901 98.00
Total for Public Works 88,257.83
Total for Water/Wastewater Fund 88,22.
404 69970 Kurz Instruments Inc 11270 Velocity meter 404 2370000 86.83-
70025 Springfield, Mindie 19461 LF cashiers change drawer 404 1117100 150.00
Total for Department 63.17
0007 69786 Diversified Resource Center 04052 April Janitorial svcs 755 4810 194.54
69795 Finel ine 06280 Tint LF scale office glass 755 4810 732.37
69841 Parametrix Inc. 16155 LF Engineering pe 03-29 755 4150 11,145.72
LF Engineering pe 03-29 795 4150 .40
LF Engineering pe 03-29 795 4150 4,282.49
69877 Zumar Industries Inc. 26001 Sign 755 3120 172.52
69885 Aqua-Aerobic Systems Inc 01398 Motor guard/control box 755 3120 649.87
69899 Port Angeles City Treasurer 03062 Ice-Young 755 3120 2.51
69915 Advanced Travel 0'1090 Loghry to Leavenworth 04-09 755 4310 294.80
69917 Angeles Communications Inc 01069 Labor,wire,jack,face plates 755 4810 66.28
69948 Forks Forum Olympic Herald 06029 'Benefit Dump Day'-April ads 755 4410 195.80
69970 Kurz Instruments Inc 11270 Velocity meter 755 3120 1,145.69
69971 L & S Tire Company 12396 Recycle tires 755 4810 750.00
Recycle tires 755 4810 750.00
Recycle tires 755 4810 1,500.00
Recycl e tires 755 4810 750.00
69976 Lincoln Industrial Corp. 12047 Anchors,angles,spray paint 755 6510 578.99
69991 Sequim Gazette, The 19016 Benefit Dump Day ads 755 4410 2.
69993 Paint Store, The 16064 Carpet 755 4810
69995 Parsinen Landscape Maintenance 16258 Landscape maintenance 755 4150 1,177.
70009 Radio Pacific Inc. 11019 KONP commercials-April #71 755 4410 41.00
K~()commercials-April #71 755 4410 37.50
70029 TaylorSparks Refrigeration Inc 20290 Remove refrigerant,compressors 755 4810 1,947.60
02/05/13-09:49 City of Port Angeles - LIVE MACHINE May 13 2002 Page 11
. CHECK REGISTER
Date From 04/27/2002 To 05/10/2002
Fnd Opt Check Vendor Vendor Description GL Code Amount
Number Name Number Number
Total for Public Works 26,728.89
Total for Solid Waste Fund 26,792.06
421 0009 69758 Bond, Elmer 02552 City rebate program 913 4986 36.00
69759 Bradstad, Andy R0357 City rebate program 913 4986 55.00
69761 Brenkman, Sam & Katie 02225 City rebate program 913 4986 25.00
69763 Bridgeford, Barbara R0345 City rebate program 913 4986 55.00
69765 Butler, Paul R0346 City rebate program 913 4986 150.00
69771 Chinook Motel R0311 City rebate program 913 4986 1,080.00
69778 Clevenger, Albert R0347 City rebate program 913 4986 1,585.00
69781 Creelman, Vi R0348 City rebate program 913 4986 100.00
69782 Crowder, Estelle Claire R0349 City rebate program 913 4986 48.00
69784 Davidson, Deeann R0350 City rebate program 913 4986 150.00
69794 Everwarm Hearth & Home Inc 05013 City rebate program 913 4986 135.25
69799 Franklin, William R0351 City rebate program 913 4986 457.50
69807 Hofrichter, Joseph 08128 City rebate program 913 4986 55.00
City rebate program 913 4986 180.00
69813 Jones, Kari 10145 City rebate program 913 4986 43.27
. 69815 Kapeton, Tony R0352 City rebate program 913 4986 25.00
69816 Kepler ,~Tom 11266 City rebate program 913 4986 669.00
69824 Mathews Glass Co. Inc. 13107 City rebate program-Hanson 913 4986 1,605.00
69825 Matlock, Rhonda & John 13586 City rebate program 913 4986 55.00
69831 Modl in, Melvin R R0353 City rebate program 913 4986 55.00
69833 Morris, David 13645 City rebate program 913 4986 35.00
69835 Nordskog, Gina R0354 City rebate program 913 4986 55.00
69843 Payne, Jana 16144 City rebate program 913 4986 150.00
69846 Reinke, Ann C R0355 City rebate program 913 4986 150.00
69847 Richmond, Jimie 18286 City rebate program 9134986 55.00
69852 Saunders, Harry C 19582 City rebate program 913 4986 25.00
69863 Trowbridge, Esther R0208 City rebate program 913 4986 50.00
69867 Virk, Daljit S R0356 City rebate program 913 4986 72.00
69876 Wood, Michael 23182 City rebate program 913 4986 50.00
69892 DeFrang, Jeanie 04076 City rebate program 913 4986 150.00
69893 Dryke, Steve 04030 City rebate program 913 4986 50.00
69932 Clarin, Stuart R0293 City rebate program 913 4986 50.00
Total for Conservation Fund 7,456.02
501 69842 Parts Incorporated 18126 Bushing 501 2370000 20.60-
69998 Pettit Oil Company 16302 Diesel 501 1412000 3,044.60
Gasol ine 501 1412000 3,309.80
Diesel 501 1412000 1,789.35
Diesel 501 1412000 363.01
70005 Quality Chain Corp 17030 Chains,links,adjusters,hooks 501 2370000 157.27-
.
Total for Department 8,328.89
0007 69786 Diversified Resource Center 04052 April Janitorial svcs 760 4810 116.70
69809 Janssen Tool Repair 10236 K!t~SS drill chuck 760 4810 25.96
Keyless drill chuck 760 3501 31.39
02/05/13-09:49 Ci ty of Port Angeles - LIVE MACHINE May 13 2002 Page 12
CHECK REGISTER .
Date From 04/27/2002 To 05/10/2002
Fnd Opt Check Vendor Vendor Description GL Code Amount
Number Name Number Number
Cord,bearing 760 3501 31.81
Cord, bearing 760 4810 29.21
69842 Parts Incorporated 18126 Bush i ng 760 3402 271.78
69873 Western Equipment Distrib. Inc 23019 Toggle switch 760 3402 65.52
Mount,switch,pump control 760 3402 268.80
Cap,screws,control plate 760 3402 101.60
69899 Port Angeles City Treasurer 03062 Title transfers-Burrett 760 4210 19.00
69904 Burrett, Peter W 02163 Rain-X for service garage 760 3101 160.35
69913 AT&T Wireless Services 01404 05-02 AT&T a/c 46204277 760 4210 12.43
69924 Brim Tractor Company Inc 02556 Driver seat 760 3402 226.59
69926 Burrett, Peter W . '02163" . Blue dot lens 760 3402 22.73
69933 Coastline Ford Tractor Co Inc. 03082 Pan assembly, kit, plate 760 3402 355.52
69935 Complete Line, The 03087 File,stapler,pens 760 3101 104.57
69936 Copy Cat Graphics 03380 Vehicle graphics 760 6410 735.76
69945 Evergreen Collision and 05000 Radiator 760 3402 143.02
Radiator repair 760 3402 43.28
Radiator repair 760 4810 159.05
69955 H & H Diesel Service Inc 08304 Cummins engine, core charge 760 6410 14,750.58
Credit core charge 760 6410 2,468.38-
69965 Simpson's Used Auto Parts 19199 Tax adjustment for 12-14-01 760 4810 10.25
69969 Koenig Chevrolet Oldsmobile 11018 Ignition switch 760 3402 1.
69974 Les Schwab Tire Center (City) 19459 Dismount,mount,balance 760 4810
Dismount,mount,balance 760 4810 24.35
69975 Les Schwab TireCtr-Solid Waste 19755 Flats repaired 760 4810 64.87
Fl ats repa ired 760 4810 64.86
Demount,mount,flat repair 760 4810 52.42
Wheel,valves,wheel switch 760 3402 91.07
Tire 760 3110 123.49
Demount, mount 760 4810 16.23
Tire 760 3110 123.49
69976 Lincoln Industrial Corp. 12047 Expanded metal 760 3402 193.14
Steel 760 3402 30.34
Flat bar 760 3402 70.98
Cold rolled steel 760 3402 7.90
69978 Motor Trucks Inc. 13128 Cable 760 3402 88.65
\later temp light 760 3402 41. 44
Credit transmitter,gauge 760 3402 150.88-
Transducer sending unit 760 3402 128.79
69979 Murray Motors Inc. 13129 Shifter cable 760 3402 85.87
69980 N C Machinery Co. 14001 Tube 760 3402 42.73
69985 Novus Windshield Repair 14206 Windshield 760 3402 359.05
69994 Pape' Machinery #21 - 19023 Brake cable 760 3402 209.23
69998 Pettit Oil Company 16302 Guardol,drum charges 760 3220 54.56
Guardol,drum charges 760 3220 54.56
Guardol,drum charges 760 3220 54.56
Guardol,drum charges 760 3220 ~.
Guardol,drum charges 760 3220
Guardol 760 3220 1,153.02
Oil 760 3220 675.11
Moil 760 3220 51.88
EQ07 April diesel 760 3211 52.52
1--
02/05/13-09:49 City of Port Angeles - LIVE MACHINE May 13 2002 Page 14
CHECK REGISTER .
Date From 04/27/2002 To 05/10/2002
Fnd Dpt Check Vendor Vendor Description GL Code Amount
Number Name Number Number
69963 Insight Direct Inc. 09085 Gigaswitch,gigabit module 250 3160 813.22
3 Palm Pilots,2 cradles 250 4810 1,299.49
Switches 250 4810 601.43
Software-'BrightStor Upgrades 250 3160 426.31
70031 Thurman Supply 20005 Fish tape 250 4810 53.01
Total for Information Technology Fund 3,448.13
503 0001 69767 Cameron, Kenneth 03252 Disability board claims 121 4635 165.00
Reimb Medicare premium-May 121 4635 50.00
69769 Camporini, Richard ll' 03273 Reimb Medicare premium-May 121 4635 50.00
69nO Captain T's 03048 Embroidery 118 4909 9.09
Embroidery 118 4909 10.37
Shorts,shirts 118 4909 941.34
69n5 Clallam Co YMCA 03076 Membership-Connelly 013776901 121 4150 57.00
69783 Curves for Yomen 03618 Membership-Kenyon 121 4150 365.72
69803 Grooms, Michael E 07187 Reimb Medicare premium-May 121 4635 54.00
69805 Healthcare Mgt Administrators 08492 May Premium 117 4601 1 ,711. 20
69811 Johnson, Donald G 10052 Reimb Medicare premium-May 121 4635 50.00
69812 Johnson, Harry 10047 Reimb Medicare premium-May 121 4635 51
69814 Jorissen, Robert R 10013 Disability board claims 121 4635 ~4.
Reimb Medicare premium-May 121 4635
69819 Lindley, James K. 12019 Reimb Medicare premium-May 121 4635 54.00
69820 Loucks, Jasper 12186 Reimb Medicare premium-May 121 4635 85.00
69828 Merriwether, James G 13113 Disability board claims 121 4635 164.96
69829 M i ese l, Ph il 13261 Reimb Medicare premium-May 121 4635 46.10
69830 Mike Yalling/Rainier EAP 18057 April services 121 4150 330.00
69832 Morgan, Roy 13145 Reimb Medicare premium-May 121 4635 54.00
69834 NW Admin Transfer Acct 14169 Non-sworn May premium 121 4633 13,801.70
Sworn May premium 121 4633 17,545.20
Retiree May premium 121 4634 7,872.30
69849 Riepe, Tom 18081 Disability board claims 121 4635 155.86
69858 Sweatt, Johnnie 19146 Reimb Medicare premium-May 121 4635 65.70
69862 Thompson, Bruce 20083 Reimb Medicare premium-May 121 4635 50.00
69886 Bai ley, Jim 02567 Reimb Medicare premium-May 121 4635 50.00
69887 Balser, Fred 02243 Reimb Medicare premium-May 121 4635 45.50
69889 Bishop, Virgil 02019 Reimb Medicare premium-May 121 4635 94.00
69890 Budget Rent-A-Car 02152 Claim settlement #02-11 119 4999 361.32
69894 Filigno, Barbara 06322 Reimburse medical expenses 121 4630 375.00
69897 Messinger, Larry 13047 Reimburse medical expenses 121 4630 103.39
69912 Swenson, James J. 19617 Reimburse medical expenses 121 4630 35.05
69915 Advanced Travel 01090 Connelly,Hainstock 04-09 118 4909 385.40
69940 Dept of Labor & Ind (Qrtr rpt) 04046 Yorker's Comp-1st Qtr 118 4950 15,388.71
69944 Emery, Kathleen 05062 Reimburse medical expenses 121 4630 150.00
69961 Horton, Michael 08044 Reimburse medical expenses 121 4630 375.00
70003 Preston Gates & Ellis LLP .16175 Professional svcs pe 03-31 1194150 5,98.
70050 Cole, Charles R 03661 Partial settlement #02-11 119 4999 4,60
70019n47 Healthcare Mgt Administrators 08492 04-23 weekly claims pd by EFT 117 4601 1,123.00
04-30 Weekly claims pd EFT 117 4601 2,229.50
34
Total for Self - Insurance Fund 75,110.82
02/05/13-09:49
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City of Port Angeles - LIVE MACHINE
CHECK REGISTER
Date From 04/27/2002 To 05/10/2002
Fnd Dpt Check
Number
602 0002
652 0008
657
Vendor
Name
Vendor
. : Number
69760 Braun, Gary
02173
69768 Campbell, Malcolm D
69787 Doyle, Jerry
69792 Evans, Sidney
03045
04022
05103
69804 Hansen, Estate of George D
69850 Ryan, Ed
08048
18034
69845 Qwest
21001
69910 Olympic Community Action Progs 03022
698 69789 Employees Association 05041
. 69790 Washington (Unemp), State of 23178
69796 Firefighter's Local #656 06076
69797 Flex-Plan Services (Payroll) 06062
69808 IBEW Local #997 09034
69838 Office of Support Enforcement 15072
69839 Office of Support Enforcement 15166
69844 Police Association 16156
69860 Teamsters Local #589 20056
69864 US Department of Education 21075
69865 United Way (payroll) 21028
69870 WSCCCE, AFSCME, AFL-CIO 23167
69871 DiMartino/WSCFF Disability 06052
69878 AFSCME Local #1619 01152
69879 AFSCME Local #1619 Scholarship 01153
.
Descr i pt i on
Disability board claims
Reimb Medicare premium-May
Reimb Medicare premium-May
Disability board claims
Disability board claims
Reimb Medicare premium-May
Disability board claims
Reimb Medicare premium-May
May 13 2002
GL Code
Number
225 4635
225 4635
225 4635
225 4635
225 4635
225 4635
225 4635
225 4635
Total for Firemen's Pension Fund
04-23 Qwest billing
868 4210
Page 15
Amount
36.00
54.00
420.00
202.00
115.00
45.50
84.75
54.00
1,011.25
Pass the Buck funds
Total for Esther Webster Trust Fund 60.50
60.50
657 2399100
Total for Utility Contribution Program
Payroll deductions pe 04-28
Payroll deductions pe 03-17
Payroll deductions pe 04-28
Payroll deductions pe 04-28
Payroll deductions pe 04-28
Payroll deductions pe 04-28
Payroll deductions pe 04-28
Payroll deductions pe 04-28
Payroll deductions pe 04-28
Payroll deductions pe 04-28
Payroll deductions pe 04-28
Payroll deductions pe 04-28
Payroll deductions pe 04-28
Payroll deductions pe 04-28
Payroll deductions pe 04-28
Payroll deductions pe 04-28
698 2315210
698 2315210
698 2315210
698 2315200
698 2315210
698 2315200
698 2315210
698 2315210
698 2315210
698 2315200
698 2315210
698 2315240
698 2315200
698 2315190
698 2315200
698 2315200
Total for Accounts Payable Clearing Fund
35
Grand Total
3,500.00
3,500.00
368.00
299.60
141.46
1,100.00
950.96
645.80
1,009.59
181.38
247.00
1,738.00
69.41
409.56
3,136.02
866.51
86.00
172.00
11,421.29
410,105.76
.
.
.
36
.
Finance Department
Electronic Payments April 27, 2002 - May 24, 2002
Fund
401 04-29-02 WPPSS March Power Purchase 1,148,622.00
208 05-01-02 Bank of New York Debt Service Payment 108,000.00
209 05-01-02 Bank of New York Debt Service Payment 2,475.00
210 05-01-02 Bank of New York Debt Service Payment 73,897.50
211 05-01-02 Bank of New York Debt Service Payment 54,033.75
415 05-01-02 Bank of New York Debt Service Payment 226.248.75
. Total 1,613,277.00
.
C: \ WINNT\Profiles\Administrator\Personal\ Wires. wpd
37
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pORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
May 21,2002
To:
MA YOR WIGGINS AND CITY COUNCIL
Brad Collins, Community Development Director ~
I
WATERSHED PLANNING AND SALMON RECOVERY CITY REPRESENT A TIVES
FROM:
SUBJECT:
Summary: The watershed planning and salmon recovery representatives need to be
reappointed for WRIA 18 Initiating Governments, Elwha-Morse Management Team (EMMT),
North Olympic Peninsula Lead Entity Group (LEG), and NOPLEG Technical Review Group
(TRG). At the beginning of this year, the City Council reorganized its Council committee
assignments, and staff was asked to take on some of the above assignments. The primary
representatives for the last six months have been Deputy Mayor Orville Campbell and
Community Development Director Brad Collins.
Recommendation: The City Council authorize the Mayor to appoint Orville Campbell as
the City Representative and Brad Collins as the City Alternate to WRIA 18 Initiating
Governments and EMMT, to appoint Brad Collins as the City Representative and Scott Johns as
the City Alternate to NOPLEG, and to appoint Steve Sperr as the City Representative to TRG.
Background / Analysis:
The Watershed Planning Act (2514) and Fish (Salmon) Recovery Act (2496) have involved
the local governments including the City of Port Angeles in plans and strategies directed at water
resource and fish habitat management. These planning activities have been going on for several
years and are likely to continue for several more. The City has a considerable stake, particularly in
its Elwha River water supply, Morse Creek hydro project, and the small urban streams running
through the City and impacted significantly by stormwater runoff. The Watershed Plan once
accepted by the City will determine the future use of water resources to which the City has water
rights.
Other City staff, notably Public Works and Utilities Director Glenn Cutler, City Engineer
Gary Kenworthy, and City Attorney Craig Knutson;have been actively involved in some of these
planning efforts. Staff will be available at the Council meeting to answer questions.
39
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40
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.
FORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
May 21,2002
To:
MAYOR WIGGINS AND CITY COUNCIL
FROM:
Glenn A. Cutler, Director of Public Works and Utilities ~L-u
Contribution to Electric Utility Rural Economic Development Revolving Fund for
2002
SUBJECT:
Summary: The City Council established the Electric Utility Rural Economic Development
Revolving Fund (Fund) in 1999. By contributing $50,000 to this fund, the Electric utility can receive
a $25,000 credit on its excise taxes owed to the State. The Electric utility has been budgeted to
contribute to this fund again for the year 2002 in the amount of$50,000. It is expected that the
Economic Development Steering Committee will utilize these funds for the City's Economic
Development efforts.
Recommendation: Authorize transfer of $50,000 from Electric Fund to the Electric Utility
Rural Economic Development Revolvin2: Fund.
Background / Analysis: In 1999, the City established the Electric Utility Rural Economic
Development Revolving Fund (Fund) and the City Council authorized the Electric Utility to
contribute $50,000 into the fund in 1999 and $75,000 in 2000 and 2001. By contributing at least
$50,000 to the Fund, the Electric Utility can receive a credit of$25,000 on its excise taxes for the
year. The Electric Utility has budgeted to contribute $50,000 to the City's Economic
Development Fund in 2002 and by contributing through the Electric Utility Rural Economic
Development Revolving Fund we may receive the $25,000 credit for 2002. Funds are limited to
$350,000 per year for the entire State. The Electric fund has received a $25,000 credit each year
that it has applied since 1999.
When the Fund was created in 1999, the Economic Development Steering Committee was
designated as the board that oversees the fund. It is expected that this board will designate the
funds to be used for the City's Economic Development efforts (Economic Development Director
salary, expenses, or projects) as the qualifying project designed to achieve job creation or
business retention.
It is recommended that $50,000 be transferred from the Electric Fund to the Electric Utility Rural
Economic Development Revolving Fund.
The Utility Advisory Committee reviewed and approved the above recommendation at their May
14, 2002 meeting.
41
N:\PWKS\LIGHTlPOWM\MEMOS\ccedf2002. wpd
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42
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~ORTAN
ELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
MAY 21, 2002
To:
MAYOR WIGGINS AND CITY COUNCIL
Marc ConnellY~ks & Recreation Director
FROM:
SUBJECT:
Marine Life Center Contract - Peninsula College
Summary: In the year 2000 the City Council authorized the Director of Parks and Recreation to sign an agreemen
with Peninsula College for the summer operation of the Marine Life Center. The operations of the Marine Lif~
Center are managed through the administration of an annual operating agreement between the City and its selected
operator and are subject to the approval ofthe City Council. Funding for the contract is part ofthe approved 2002
budget. The Parks, Recreation and Beautification Commission has reviewed the agreement and recommends City
Council approval.
Recommendation: It is recommended that the City Council authorize the Parks & Recreation Director to
sign the agreement with Peninsula College for year 2002 operation of the Marine Life Center.
Background / Analvsis:
The 2002 general fund budget includes $50,000 to be utilized for recreation education and interpretive
programming, building repair and maintenance, and minor capital improvements. The summer schedule for 2002
operation of the Marine Life is Tuesday through Sunday from 10 a.m. to 6 p.m. beginning Memorial Day and
ending September 16. The Parks Commission requested that during the 2002 season that consideration be given
to extending the hours of operation during the summer months until 8 p.m. Since no additional funds were allocated
in the budget for the current operating year the hours have not been adjusted. However, staff is working closely
with the MLC to determine if there are days where the hours could be adjusted on temporary basis to determine
whether staying open until 8 p.m. would increase attendance. The College also operates a limited off season
schedule on weekends from 12 p.m. to 4 p.m until May 30.
Repair and maintenance improvements are related to repairs to the interior and exterior walls in the pump room.
Capital improvements are for tanks and other exhibits.
Attached is a copy of the contract for your review.
43
Contract
FOR OPERATION OF CITY FACILITY
.
THIS CONTRACT is made between the City of Port Angeles, a municipal corporation of the
State of Washington, hereinafter referred to as "City", and Peninsula College, an institution of
higher education of the State of Washington, hereinafter referred to as "PC".
REPRESENTATIONS
1. It is understood and agreed by the parties that the purpose of this Contract is to
foster, promote, and encourage public interest and participation in programs at
the Feiro Marine Life Center (MLC). .
2. In accordance with said purpose, it is the parties' intent that the presentation of
interpretive and educational programs will enhance the experience of citizens and
tourists visiting the MLC.
3. PC represents that it has the staff, resources, expertise, and other qualifications
necesssary to operate the MLC in a manner that will be consistent with said
purpose and intent .
AGREEMENTS
.
In consideration of the above representations and the mutual covenants and agreements specified
herein, to be kept and performed by the parties hereto, it is hereby agreed as follows:
1. SCOPE OF WORK.
a. PC will develop and administer the educational program for the Center,
which will include a published schedule of events. PC will develop and
implement an interpretive program at the MLC, which will include a
regular schedule of open visitation and public programs and outreach to
regional fairs and events.
b. PC will provide a minimum of two paid staff on-site during all hours of
operation. PC will open, staff, and manage the MLC a minimum of six
days per week, including Saturdays and Sundays. PC will maintain hours
of operation consistent with maximum visitation of visitors to the
waterfront, which will not be less than eight hours per day.
Contract For Operation of City Facility
F:\AGREEMENTS&CONTRACTS\feiro-mlc.con.wpd\April 30, 2002 (3:07pm)
Page 1 of4
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44
c. PC will collect admission fees, one-hundred percent of which will be
distributed to the City on a monthly basis.
d,' PC will work closely and cooperatively with, and will provide for the most
appropriate and beneficial assistance of, the Friends of the MLC Docent
Program in the operation of the MLC.
2. GIFT SHOP. The City hereby grants and accords to PC the right and privilege to
operate and conduct a MLC gift shop within the premises of the MLC. PC will
operate the gift shop commensurate with the high quality of service and products
typically provided in museum gift shops to ensure that it is an enhancement to the
MLC.
3. ACCOUNTING. PC shall install and maintain accurate and appropriate
bookkeeping and accounting methods and shall permit the City to review the
records of proceeds generated from entrance fees. Such records shall be made
available to the City upon request during normal hours of business.
4. MAINTENANCE/ UTILITIES. The City agrees to be responsible for
maintenance of the exterior building and grounds with the exception of the sea-
water system and exhibit structures, which will remain the responsibility of Pc.
The City will provide utility services without charge.
5. AL TERA TIONS. No alterations or improvements may be made without the
express written consent of the Director of Parks and Recreation. In the event
such approval is given, it is understood that such alterations or improvements
shall become the property of the City without compensation to PC at the
expiration or termination in any manner of this Contract. However, any
equipment improvements such as, but not limited to, aquariums, tanks, audio
visual and office equipment owned by PC shall remain the property of PC at the
expiration or termination in any manner of this Contract.
6. . TERM/TERMINATION. The term of this Contract shall be from May 1,120(:)~;
through September 30;;2~QQ2rhowever, the Contract shall be subject to renewal by
agreement of the parties and shall be subject to termination at any time by either
party upon thirty days written notice.
7. PA YMENT. The City will pay PC five monthly installments of $ 10,000, for a
total compensatiori of$50,000, as outlined in Budget Attachment "A". PC will
invoice the City on or before May 15, June 15, July 15, August 15, September 15,
and the City will pay on or before the 1 eac nth in
which services are performed.
mIS""PA'GE""SHOl1tD"'REPD\IJI1EiXGE-4-g-tN-
----,..."'~~._--.-- _. - . '~...._.
TIIE-COUNCI:C_ ...."CKE! ~
Contract For Operation of City Facility
F:\AGREEMENTS&CONTRACTS\feiro-mlc.con.wpd\May 21, 2002 (I .
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c.
PC will collect admission fees, one-hundred percent of which will be
distributed to the City on a monthly basis.
d. PC will work closely and cooperatively with, and will provide for the most
appropriate and beneficial assistance of, the Friends of the MLC Docent
Program in the operation of the MLC.
2. GIFT SHOP. The City hereby grants and accords to PC the right and privilege to
operate and conduct a MLC gift shop within the premises of the MLC. PC will
operate the gift shop commensurate with the high quality of service and products
typically provided in museum gift shops to ensure that it is an enhancement to the
MLC.
3. ACCOUNTING. PC shall install and maintain accurate and appropriate
bookkeeping and accounting methods and shall permit the City to review the
records of proceeds generated from entrance fees. Such records shall be made
available to the City upon request during normal hours of business.
4.
MAINTENANCE/ UTILITIES. The City agrees to be responsible for
maintenance of the exterior building and grounds with the exception of the sea-
water system and exhibit structures, which will remain the responsibility of PC.
The City will provide utility services without charge.
5.
ALTERATIONS. No alterations or improvements may be made without the
express written consent of the Director of Parks and Recreation. In the event
such approval is given, it is understood that such alterations or improvements
shall become the property of the City without compensation to PC at the
expiration or termination in any manner of this Contract. However, any
equipment improvements such as, but not limited to, aquariums, tanks, audio
visual and office equipment owned by PC shall remain the property of PC at the
expiration or termination in any manner of this Contract.
6. TERM/TERMINATION. The term of this Contract shall be from May 1,2001,
through September 30, 2001; however, the Contract shall be subject to renewal by
agreement of the parties and shall be subject to termination at any time by either
party upon thirty days written notice.
7. PAYMENT. The City will pay PC five monthly installments of $1 0,000, for a
tot~l compensation of $50,000, as outlined in Budget Attachment "A". PC will
invoice the City on or before May 15, June 15, July 15, August 15, September 15,
and the City will pay on or before the last day of each month, for the month in
which services are performed.
Contract For Operation of City Facility
F:\AGREEMENTS&CONTRACTS\feiro-mlc.con.wpd\ApriI30, 2002 (3:07pm)
Page 2 of 4
45
8.
OPERATING CONDITIONS. PC shall comply with the following conditions:
.
a. PC shall keep the premises in a clean and sanitary condition at all times.
b. PC shall operate in compliance with the laws of the State of Washington,
all ordinances of the City of Port Angeles, and all regulations of the Port
Angeles Parks and Recreation Department, and will not allow the
violation of any of these laws, ordinances, or regulations by any other
party within the area in which the Feiro Marine Life Center is operated.
c. PC shall promptly pay all sales tax resulting from operation of the retail
store within the MLC.
d. PC shall not erect any sign on the premises or in the vicinity thereof
without obtaining the advance approval of the City.
9. INDEMNIFICATION/INSURANCE.
a.
Each party to this agreement shall be responsible for the negligence of its
own officers, agents and employees. No party shall be construed to be the
officer, agent or employee of the other. No party assumes any
responsibility of the other party for the consequences of any act or
omission of any person, firm or corporation not a party to the Contract. In
the event that the need for litigation arises in the administration of the
terms of this Contract, each party shall bear its own costs and attorney
fees. The venue of any such litigation shall be Clallam County,
Washington.
.
b. As an institution of higher education of the State of Washington, and as a
participant in the self insurance program of the State of Washington, PC
shall be responsible for any and all claims for damages that may result
from any act or omission on the part of PC.
10. ASSIGNABILITY. Neither this Contract nor any rights or privileges hereunder
shall be assigned without the prior consent of the City.
11. SURRENDER OF POSSESSION. PC shall immediately surrender possession of
the premises to the City in the event of premature termination of this Contract for
any reason, and PC shall pay any cost or expenses incurred by the City to retain
possession where PC fails to comply with this provision.
Contract For Operation of City Facility
F:\AGREEMENTS&CONTRACTS\feiro-mlc.con.wpd\April 30, 2002 (3:07pm)
Page 3 of 4
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46
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.
.
12.
NOTICES/TIME. Any notices required by the terms of this Contract or by law
shall be deemed to have been given when made in writing and deposited in the
United States mail, postage prepaid, and addressed to the last address provided by
the parties to each other. TIME IS OF THE ESSENCE for this Contract and for
each and every term, condition and provision herein.
13. SUCCESSORS/APPLICABLE LAW. The terms and conditions of this Contract
shall be binding on the parties hereto, their successors, administrators, and
assigns, and shall be construed in accordance with the laws of the State of
Washington.
14. WAIVER. The waiver by the City of any breach of any term contained in this
Contract shall not be deemed to be a waiver of such term for any subsequent
breach of the same or any other term.
IN WITNESS WHEREOF, the parties have executed this Contract this
day of , 2002.
PENINSULA COLLEGE
CITY OF PORT ANGELES
By
By:
Director of Parks & Recreation
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
F:\AGREEMENTS&CONTRACTSlfeiro-mlc.con.wpd
Contract For Operation of City Facility
F:\AGREEMENTS&CONTRACTS\feiro-mlc.con.wpd\Apri130, 2002 (3:07pm)
Page 4 of 4
47
Budget Attachment "A"
Marine Life Center Budget
Contract Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $50,000
Recreationa1/EducationallInterpretative Programming. . . . . . . . . . . . . . . . . . . . . . . . .. 42,000
Repair & Maintenance. . . . .. . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . .. 3,000
Capital Improvements .................................................... 5,000
Total $50,000
48
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.
FORTAN ELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
MAY 21, 2002
To:
MAYOR WIGGINS AND CITY COUNCIL
FROM:
Glenn A. Cutler, Director of Public Works and Utilities ~
RE:
Proposed Cable Television Franchise Ordinance
Summary: The negotiation team is pleased to bring an outstanding cable television franchise
. ordinance to the City Council for its consideration.
Recommendation: Approve the proposed cable television franchise ordinance with
Northland Cable Television, a $2,824.80 expense for the Institutional Network fiber option
recommendation herein, and cancel the fiber 0 tic Hot ro. ect.
Background/Analysis: On December 15, 1987, City Council approved a fifteen-year non-
exclusive cable television franchise that will expire on September 30,2003. On October 3, 2000,
the cable operator requested its franchise be renewed in accordance with the formal procedures of
the Cable Communications Policy Act (Act). On October 17,2000, City Council approved a
professional services agreement with Metropolitan Communications Consultants (MCC) that
included a cable television and telecommunications public proceeding and development of a
draft cable television franchise for renewal negotiations. On May 22,2001, City Council
approved professional services agreements with MCC and the law firm of Winstead, Sechrest &
Minick (WSM), for technical and legal services during the cable television franchise renewal
negotiations.
In order to preserve the City's authority under the Act, the City commenced Step 1 ofthe formal
renewal process (public proceeding) prior to the deadline of April 1, 2001. As part of the public
proceeding a cable television service survey was conducted followed by public meetings. The
public proceeding included an assessment to determine the future cable-related needs and
interests ofthe community and reviewed the cable operator's performance and compliance with
the current franchise. On August 31, 2001, MCC completed the Cable Television and
Telecommunications Needs and Interests Report. On September 18,2001, City Council accepted
the report and authorized staff to request a formal proposal from the Cable Operator to
reasonably meet future cable-related needs and interests as identified in the report. On October
19,2001, the Cable Operator submitted a formal renewal proposal to the City. On November 11,
2001, the City provided public notice that it received the October 2001 formal renewal proposal.
N :\U AC\Original\franchiseadoption2. wpd
49
Proposed Cable Television Franchise Ordinance
Page 2
May 21,2002
.
On November 6, 2001, the Cable Operator's legal counsel contacted WSM to discuss the formal
renewal procedures. On behalf of the City, WSM invited the Cable Operator's legal counsel to
research the legal precedent supporting a waiver of the Act's formal renewal procedural
requirements. On January 30,2002, the Cable Operator's legal counsel produced a case
supporting a waiver of the Act's requirement to either accept or render a preliminary decision to
deny the October 2001 formal renewal proposal by February 19,2002. The case produced was
the March 7, 2001 unpublished federal district court opinion of Frontiervision v Town of Naples,
Maine. On February 19, 2002, based on the Cable Operator's waiver of the relevant formal
procedural requirement of the Act, the City Council authorized an extension of the informal
negotiation timeline through the end of May 2002.
Informal franchise negotiation summary
An informal negotiation was held. concurrently with the formal process to renew the franchise in
accordance with the Act. A management oversight committee and City Council members Karen
Rogers and Orville Campbell provided oversight to the City's negotiation team. The proposed
franchise ordinance was developed with full consideration and understanding of the City's
objectives from the fiber optic business plan and the Cable Television and Telecommunications
Needs and Interests Report.
On March 27, 2002, the City and the Cable Operator completed the negotiation under the .
informal method. The City's legal review of the franchise ordinance was completed on May 2,
2002. On May 6,2002, the Cable Operator provided their acceptance of the proposed franchise
ordinance. In accordance with the Cable Act, on May 6, 2002 the public was notified about the
proposed franchise ordinance and provided an opportunity to comment through May 17, 2002.
The next steps of the formal renewal procedure may be avoided if City Council approves the
proposed franchise ordinance. The next step ofthe formal renewal procedure would include a
preliminary City determination to either accept or deny the Cable Operator's formal franchise
renewal proposal, which could be followed by an administrative proceeding.
Summary of proposed franchise
Staff believes that an outstanding ordinance was reached with the Cable Operator that closely
reflects and is responsive to the Community's current and future cable-related needs and interests
taking into consideration the cost to meet those needs. In addition to substantial cable television
improvements and an emergency alert system, and in keeping with the City's economic
development goals the proposed 15 year non-exclusive franchise ordinance enables broadband
telecommunications benefits to residents via cable modem services, and via fiber connections to
businesses, and public/government/educational institutions. A summary of the proposed
franchise ordinance is included as Attachment 1. A summary of the anticipated compensation
and expenses under the proposed ordinance is included as Attachment 2. Recommendations
from the City's Information Technology Manager, MCC and WSM are included as Attachment .
3. A complete copy of the proposed Franchise Ordinance is included as Attachment 4.
N :IUACIOriginal\franchiseadoption2. wpd
50
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.
Proposed Cable Television Franchise Ordinance
Page 3
May 21,2002
The City's time and expense to complete both informal and formal franchise renewal procedures
was worthwhile. The use of outside expertise for technical support and legal counsel ensured the
community's interests and the municipality's authority were safeguarded. A management plan
has been prepared and staff assignments have been made to monitor and oversee the franchise
and complete related projects. On May 14, 2002, the Utility Advisory Committee supported the
recommendations herein.
Educational and Governmental (EG) Access
The proposed franchise ordinance enables the City to continue its current educational and
governmental programming on channel 21. The City can receive up to three educational and
governmental channels if needed. ill addition, the City can install a cablecast system in the City
Hall Council Chambers that would allow "live" meetings to be televised. Televising City
Council and other meetings would make it easier for citizens to receive information and be
involved in community issues. The Cable Operator will provide the City $60,000 or will provide
the equipment required for cablecasting arid continuing financial support in the amount of
approximately $0.05/subscriber/month which represents about $3,500 per year. Cable Operator
funding for EG Access is available after the first two years ofthe proposed franchise ordinance.
Staff will seek City Council approval to proceed with the purchase and installation of cablecast
equipment as part of the 2004 proposed budget.
Fiber optic business plan
On May 22,2001, City Council approved the City's fiber optic business plan. Approvalofthe
proposed franchise ordinance is consistent with the City's fiber optic business plan's
recommendations, strategic direction and mission "To ensure delivery of broadband
telecommunications products and services to Port Angeles by 2002, by enabling the development
of necessary telecommunications infrastructure. "
A fiber optic pilot project was approved as part of the fiber optic business plan. On September
18, 2001, City Council approved a delay to the fiber optic pilot project schedule to allow
additional time to prepare and negotiate proposals. On November 13,2001, the Utility Advisory
Committee approved a further delay to the fiber optic pilot project through March of2002. The
delays provided the opportunity to achieve City fiber optic backbone business plan goals through
the cable franchise. The I-Net and reserve fibers obtained under the proposed franchise
ordinance, provide the broadband backbone infrastructure needed in the City and relieve the City
from having to develop a municipally owned network. These fibers are available to Northland
and other service providers and set the stage for future services, competition and economic
development.
Since there is no longer a need for development of a City owned fiber optic backbone, the
exploratory fiber optic pilot project is also no longer needed. Stafftherefore recommends the
fiber optic pilot project, including the remaining scope of work under an agreement with MCC,
be cancelled.
51
N:\U AC\Original\franchiseadoption2. wpd
Proposed Cable Television Franchise Ordinance
Page 4
May 21,2002
.
Institutional Network (I-Net)
Construction of the I-Net dark fiber backbone under the proposed franchise ordinance is a lawful
public/private activity recognized by the Cable Communications Act. Completion ofthe I-Net is
a high priority for the City to satisfy municipal wide area networking needs. The Cable Operator
will submit the I-Net backbone plans and specifications which is anticipated to be approved by
the City within 90 days of City Council approval of the proposed franchise ordinance. The I-Net
dark fiber backbone will be constructed within eighteen (18) months following of the City's
approval ofthe Cable Operator's plans and specifications. Discussions are underway with the
Cable Operator to determine if there are ways to reduce the I-Net construction deadline.
The I-Net consists of 12 dark fibers and the negotiated City cost is $250,000. To give potential 1-
Net users flexibility an option for an additional 12 dark fibers has also been negotiated that could
enable gradual cost effective transitions from simple and inexpensive to more sophisticated and
expensive electronics. Staff recommends an expense of$2,824.80 is approved as part of the
City's adoption ofthe proposed franchise ordinance for an additional 12 dark fibers in the I-Net
backbone from 16th & "C" Streets to 16th & "I" Streets. A prompt decision for this one mile
section was requested by the Cable Operator because it is part of their planned construction this
year. On or before October 1, 2002, the City can make a decision to increase the remaining
thirteen miles ofthe I-Net backbone dark fibers from 12 to 24.
Over the upcoming months the City will consider if the option for more dark fibers is needed for
initial, individual fiber, simple point to point connectivity by the City and potential I-Net users.
As the number of actual users and sites grow, sharing of bandwidth and fibers, and use of more
expensive equipment can be phased in. Having 24 fibers would provide flexibility and more
capacity for the City, potential I-Net users, and future service providers. It also gives the City the
opportunity for additional revenue as the City would charge potential I-Net users and service
providers for use of excess capacity/dark fibers.
.
Ifthe City decides to accept the option for an additional 12 dark fibers in the I-Net backbone,
there would be a total of36 dark fibers comprising the I-Net and reserve fibers. The increased
cost of 12 additional I-Net dark fibers is $100,000. The City cost's ofthe I-Net dark fiber
backbone including 24 fibers is $350,000, which is approximately 10-15% of the estimated cost
of the stand-alone project the City was contemplating before completing the business plan.
Funding for the City's cost ofthe I-Net is available within electric utility reserves.
.
52
N:\U AC\Original\franchiseadoption2. wpd
The Cable Operator will upgrade its hybrid fiber/coaxial (HFC)
network and replace its 330MHz headend equipment with 550MHz
equipment. The upgraded HFC network and headend equipment will
550 l\1JIz Upgrade provide expanded cable services capable of delivering 78 analog
channels within 2 years. The City will not incur any expenses for the
_____~~~~C~Z~~~_~_~~~__~Pi.t~_~~~_____________________________________________________________
," .,.. The Cable Operator's upgraded HFC network will be used by others to
, ....., ." ' offer cable modem Internet service to all subscribers no later than the
(J~~~~'~~~~1I1 end of2003. The Cable Operator recently reached an agreement with
Service'dl:,ocaIISP Olypen to provide Internet service and may reach an agreement with
another local Internet service provider (ISP) in the near future. The
__S__S1......S...~d__..._~_~_L_~j!l'_~i!~!l~t_~~~1E:_<IE.~_~~~!l~~~_~~!:~~~~e_!l.!~~_e_rp._~~~!~~:._____________
,. ....., By October 1, 2002, the Cable Operator will provide an emergency
EDl~rg~~cY.A.lert alert system that will provide both audio and video message override of
(($y.~t~m<i.i.........'... the cable system during emergencies. The City will not incur any
..~S__..!2~fill..!ll8S__~z...~_L_~~p_~~~~~!~.!_~~~.f~pl~_9.E.~~<!.t~!~~_~IE.~~~~I]~y_~~~~_~~~~~rp..:_____________
No earlier than 5/21/2004, the Cable Operator will provide $60,000 or
the equipment needed to broadcast "live" from City Hall. The Cable
Operator will provide additional playback equipment to the City by
8/21/2002. The Cable Operator will also provide staffing and financial
support for operation of the City's government access channel. Over
the term of the franchise up to 3 EG channels can be activated based on
need.
---------------------------------------------------------------------------------------------
CQlllli1iiJ1itY:Ca~le The Cable Operator will provide free basic cable service to municipal
" ',' '<<<S~tvice and educational facilities.
---------------------------------------------------------------------------------------------
The Cable Operator will provide and maintain an I-Net dark fiber
backbone that will satisfy the City's need for a wide area network
among municipal facilities. The City shall have an irrevocable and
exclusive right to manage, control and use I-Net dark fibers for non-
commercial purposes. The City will pay the Cable Operator up to
$250,000 for the incremental cost of 12 fibers for the I-Net backbone
including 7 nodes. The City has an option for an additional 12 I-Net
dark fibers that would cost an additional $100,000. The City and
potential I-Net users will be responsible for site drops to institutions
and for purchasing, installing, operating and maintaining the equipment
required to activate the I-Net. There are no charges from the Cable
_______________________~~~!:~~~~f~!_~~~_~f!~~_I]~~_~~~_~_sil21jll~~~!_c_~~~~~yi~g~~_____________
An additional 12 dark fibers within the I-Net backbone will be
available for the Cable Operator or third party providers to furnish
commercial services, excluding cable services. Each business will be
responsible for the cost of a site drop and for the cost of commercial
services. Third parties will be charged for use of the Cable Operator's
dark fiber based on com etitive market rates.
.
'E4uc~tional, and
GoyerIu:ricntal lEG)
, Access
.
Institutional
Network
(I~Net)
I~Net Reserve
Fibers
.
N :IU ACIOriginallfranchiseadoption2. wpd
Attachment 1 - Proposed franchise ordinance summary
53
Attachment 2 - Proposed franchise ordinance compensation and expenses
Various Forms of Com ensation Estimated Com ensation
~]_Q~~!!~~~~~__________________~____~------------------~~g~_~~~l~_~~~~~~~~i~~~~~~~~! ~
~~~l~~_~~~~~l~tf~~__________________~--------------~~~~~~~~_~~~l~_~~~~~~~i~~~~~~~!
~~_~!~~El1j~~_~~~________________________~-------------------------------------~}~~~QQQ{~~~
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~_~_A~~~~~~_l.!P_~~}_~~_~~!~____________~---------------____________~i~f~_~~i~:~~~9_~~!l.!~
~_~_~!~!~.!!.g~_~~E~~~~~~~~~~~~~______~------------------_________~i~i~E~~i~:~~9_~~1l.!~
!-i9..uj~_~t~AQ~~g~~_(iL~~~l~i~p..?t______~----l.?-~ily-~~~g~~_~!I~QQ_~~Lt~_~~E_~~~_~~~QQQ{~~~
~~~l~~~~\_:tc_~!~_~5>_~~~y_~~Ei!~i~~___~---------------~!~.zQ9_Q!.Y..~~~!~tp._a~~~_i~:~~~9_~~1l.!~
~~~~~~P_~_Q~E_~l.!~!~____________________~--------------_________~~Q~QQQ!y~~_~~~~~!~9_~~1l.!~
~~_e!~_~~~~~l~~~.Y..~~~_________________~----------------___________~i~f~_~~i~~~~9_~~1l.!~
!:~~~}!!~~~~~~l~~_~2'_~~si~~_~i~~~s_____J_____J:~~!_~U]~_~Lt.!!.~~5>_s.!_~!~~~A-~}~.!!.~~y.?!~~
!:~~~}~~E~~~~~_Q~~E~~~52~~g~_______~---~.E~g~~-~~~~~-~~-~~~!!~!_~~~_<2!~~~~~~E~.E.~~~ty_
I-Net Backbone Reserve Fibers I Si ificant in-kind value
Potential I.;.Net User Activation Estimated Potentiall-Net User Expenses
Ex enses
!:~~~_~~~~p_~~~__________________________~------------________7____~~p~p..?_e_~!l~~~~~~~~_~~~!~
~~~~]!~_~!~.E.~_________________________~------~----~~p~P.~~_!~~~~~~_<2~!~E5>_~~~~~_~~~_~~~!
~~~~~!~~i~~}~9..ujp_tp._e_l!.~________________~-----------~~p~p..?~_i~~~~~9_<2~!~E5>_~~~~~A~~_~~~!
!'!<2~~_~~gJ:'!~~~!~~ql.!iE~~~!___________J_______________~..x.E~~~~_~!~~~~~e_<!!~_l.!~~~~_~~~~~_<!~~
~~~~i~g~~i~~;~~-t;~~~-~~~t-----+------------------------i~p~~~;i}~~;;~~{;~~~~; ~
54
N:\U ACIOriginal\franchiseadoption2. wpd
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F... '0'- R.' 'T. 'J.;.' N'G,....'E'...L..E.....'Sc
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..' ..~.... .' ,i. . .... , /..... .'.: j
WAS HI N G TON, U. S. A.
INFORMATION TECHNOLOGY
May 13,2002
TO:
FROM:
SUBJECT:
IV
Larry Dunbar, Power Resources Manager ~p
Tanya O'Neill, Information Technology Manager ~ .
Fiber Optics Project and I-Net
Congratulations and job-well-done on the recent Cable Television Franchise agreement. I was very
pleased with the outcome and in total support ofthe I-Net agreement you proposed as part of the total
package.
.
Information Technology completed an analysis in 1999 for City requirements for fiber-optics to
satisfy Wide-Area-Networking (WAN) for city employees to access the city network in a time-
efficient, productive method from remote locations. During that time, it was determined the cost
would be approximately $547,000 for just City requirements, not including the projected man-power
and salaries for installation. We also determined a minimum of 18-20 strands would be required to
connect all the locations and provide the necessary broad-band service for not only network
requirements but telephone (voice-over IP). Needless to say, the agreement with Northland for I-Net
services to provide 12 strands of fiber with an additional option of 12 strands in the future was in line
with our analysis at a much reduced costto the City making this agreement very beneficial to
everyone. May we strongly suggest the additional strand option be taken advantage of early-on.
Although this would provide the City with more strands than would be required for City use initially,
I feel confident other agencies will "jump on board" once the I-Net is in place and their partnership
will assist in defraying City costs.
We are looking to the future and setting our goals high. I realize this has been an all-time-consuming
project and the fun has only begun. I wanted you to know I am totally in support of the I-Net from a
very selfish perspective...City requirements. You exceeded that scope to include residents, other
agencies and businesses. Thanks for your clear vision and unwavering tenacity.
.
55
\\!iNSTEAD
RECEIVED
I\PR 2 5 2001.
.
April 22, 2002
direct dial: 512.370.2888
cwest@winstead.com
Mr. Larry Dunbar
321 East 5th Avenue
P. O. Box 1150
Port Angeles, W A 98362-0217
Re: Recently Negotiated Franchise With Northland Cable Television, Inc.
Dear Larry:
Pursuant to your request I provide this letter concerning a recommendation to adopt the
Franchise recently negotiated with Northland Cable Television, Inc.. Under the Federal Cable
Act (47 U.S.C. S 546) in a renewal of a cable television franchise the City can require that the
cable operator reasonably meet cable-related community needs, so long as those needs are
reasonable. (Examples of the cable-related community needs would be adequate Public,
Education, and Governmental Channels and adequate capital support for those channels;
technical upgrade to the cable system, and capacity in an Institutional Network ("I-Net"), if there
is one). In the event the cable operator reasonably meets those community needs, then the City
cannot lawfully deny the proposed Franchise, i.e. it must renew. In my review of both the City's
cable-related community needs report and the proposed Franchise, the Franchise does reasonably
meet those needs and, in fact, it arguably exceeds the needs in several areas, particularly in the
"broadband" I-Net area. Therefore, I would recommend adoption ofthe proposed Franchise.
.
Sincerely, . (
....//y /LUI;J---
L.--Clarence A. West
CAW:cm
AUSTIN_l\188127\1
37064-1 - 04/22/2002
.
SUITE 800
100 CONGRESS AVENUE
AUSTIN. TEXAS 78701
PH 512.474.4330
FAX 512.370.2850
WINSTEAD.COM
~5E<BRFsr & MINICK
Altmuys and Counselors
A Professional Corporation
Austin, Dal/as, Fort Worth,
HOllston, Mexiro City,
The Woodlands, Washington, DC
.
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METROPOLITAN
COMMUNICATIONS
CONSULTANTS
Seattle: 5847 McKinley PI. N., Seattle, Washington 98103-5710
Tel: 206.522.6778 Fax: 206.522.6777
Tacoma: P.O. Box 88907, Steilacoom, Washington 98388-0907
Tel: 253.589.1770 Fax: 253.589.9254 www.mcco.com
May 14, 2002
Honorable Mayor and City Council
Utility Advisory Committee
City of Port Angeles
321 East Fifth Street
Port Angeles, WA 98362-0217
Re: Northland Cable Franchise Renewal Agreement
Recommendation for Acceptance
Dear Mayor Wiggins, City Council Members, Utility Advisory Committee Members:
MCC is pleased to have had the opportunity to assist in the cable franchise renewal process and to have
participated on the City teamin the completed negotiations. The final document now before the City is an
outstanding example of government and private business working together for economic development and
the public interest.
For Northland Cable Television, the 15 year franchise recognizes the company's significant investment in
the community, secures its long term operation in Port Angeles and provides an opportunity for new
services as well as for strengthening and growing Northland's existing business.
From the City's perspective, in addition to improved cable television service and benefits for its citizens,
the franchise enables the provision of broadband services to the residents, businesses, and public
institutions in Port Angeles, the achievement of a major City economic development goal. The franchise
eliminates unnecessary duplication of facilities by the City and relieves the City from having to compete
with private business, an undesirable position, with difficult requirements, high liability and risk. The
franchise also saves the City $10.7 million, the amount estimated in the May 2001 Business Plan for the City
to undertake development of a similar network on its own.
We wish to congratulate both the City and Northland Cable Television for accomplishing such an
important community project We also want to thank the members of the negotiating teams, Scott McLain
and Larry Dunbar of the City, Richard Dyste and Pete Grigorieff of Northland, with whom we had the
pleasure to work. We are pleased to recommend acceptance of the Franchise Agreement by the Utility
Advisory Committee and the City Council.
Very truly yours,
METROPOLITAN COMMUNICATIONS CONSULTANTS, LLC
~~t
Richard C. T. Li, P.E.
57
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Attachment 4 - Proposed Franchise Ordinance
.
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles granting to
Northland Cable Television, Inc., doing business as Northland
Cable Television, a non-exclusive franchise for the purpose of
constructing, maintaining, operating, repairing, replacing,
upgrading, rebuilding and using a cable television system in
public streets, alleys, and rights-of-way in the City of Port
Angeles to provide cable service, and repealing Ordinance 2470.
WHEREAS, pursuant to RCW 35A.48.040, the City is authorized to grant one or
more non-exclusive franchises to construct, maintain, repair, replace, upgrade, rebuild and
operate a cable television system within the City; and
WHEREAS, Northland Cable Television, Inc., doing business as Northland Cable
Television ("Grantee"), has requested a franchise from the City to provide Cable Services
(defined below); and
.
WHEREAS, upon completion of an informal negotiation with the Grantee, the City
has determined that this Franchise reasonably meets the current and future cable related needs
and interests of the conununity, taking into consideration the cost of meeting such needs and
interests; and
WHEREAS, in the Acceptance attached hereto as Exhibit A, the Grantee has agreed
to be bound by the conditions hereinafter set forth during its provision of Cable Services
within the Franchise Area;
WHEREAS, in consideration of the terms of this Ordinance and the Acceptance
attached hereto as Exhibit A, the City herein agrees to grant to the Grantee a Franchise as set
forth in said Acceptance and in this Ordinance;
NOW THEREFORE, the City Council of the City of Port Angeles, does hereby
ordain as follows:
Section 1 - Purpose and Intent.
The following provisions are statements of the City's purpose and intent in granting
this Franchise and shall not supplant or modify any specific provisions of the Franchise. The
City's purpose and intent in granting this Franchise to the Grantee is to accomplish the
following:
.
1.1 Provide for the installation and operation of a Cable System with features
reasonably meeting the current and future cable related needs and interests of the conununity,
taking into consideration the cost of meeting such needs and interests.
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1.2 Encourage the widest feasible scope and diversity of programming and other .
services to all City residents that is consistent with community needs and interests, taking into
consideration the cost of meeting such needs and interests.
1.3 Encourage a broad range of Cable Services to be offered to City residents on a
non-discriminatory basis.
1.4 Encourage prompt implementation of technical advances in cable television
technology.
1.5 Provide for ample and fairly allocated access to cable facilities for program
producers for government and educational programming.
1.6 Require that Grantee use its commercially reasonable efforts to provide high
quality Cable Service.
1. 7 Ensure that the installation and maintenance of cable facilities meet or exceed
all applicable City regulations and do not materially interfere with the City's legitimate use of
its own facilities and property.
1.8 Encourage competition among Cable Operators and between Cable Operators
and other providers of communications services on a fair and equitable basis.
1.9
Protect the City's interests and the health, safety, and welfare of its citizenry.
.
1.10 Ensure the universal availability of Cable Services within the Franchise Area
on a non-discriminatory basis.
1.11 Provide for timely mandatory Government Access to all Cable Systems in
times of civil emergency.
Section 2 - Definitions.
When not inconsistent with the context, words used in the present tense include the
future, words in the plural number include the singular number, and words in the singular
number include the plural number. The words "'shall" and "will" are mandatory and "may" is
permISSIve.
Words not defined herein shall be given the meaning set forth in the Cable Act
(defined below), and if not defined therein, the words shall be given their common and
ordinary meaning.
2.1 "Access" means the right of certain governmental and educational institutions
in the community, including the City and its designees, on a non-discriminatory basis, to use
the Cable System for specific educational or governmental, non-commercial purposes, .
including the right to acquire Programming, to create Programming free from outside control
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.2.
.
including that of Grantee, to the extent required by the Cable Act, and to distribute and
receive Programming over the Cable System.
2.2 "Access Channel" means a dedicated channel for educational institution or
governmental non-commercial use, be it audio or video, as provided for in Section 611 of the
Cable Act and in Section 7 of this Ordinance.
2.3 "Activated" means equipped with the electronic, optical or other devices and
hardware required for transmitting and receiving communications signals over the network
transmission media between locations across the network.
2.4 "Additional Access Channels" means access channels as set forth In
Subsection 7.2.
2.5 "Affiliate" means any entity that owns or controls Grantee, or is owned or
controlled by Grantee, or otherwise has ownership or management control in common with
Grantee, including, without limitation, Grantee's parent corporation and any subsidiaries or
affiliates of such parent corporation.
2.6 "Backbone" means approximately fourteen miles of fiber optic infrastructure
as shown in Exhibit C.
.
2.7 "Basic Cable Service" or "Basic Service Tier" is the lowest priced tier of
Cable Service that includes the retransmission of local broadcast television signals.
2.8 "Broadband" means transmission of information over a medium requiring
transmission channels supporting upload throughput rates of at least 144 kbps and download
throughput rates of at least 256 kbps.
2.9 "Cable Act" means the Communications Act of 1934, as amended by the
Cable Communications Policy Act of 1984, 47 U.S.C.521 et seq., by the Cable Television
Consumer Protection and Competition Act of 1992, and by the Telecommunications Act of
1996, and as may be further amended from time to time.
2.10 "Cable Operator" means any Person or group of Persons, which (A) provides
Cable Services over a Cable System and owns a significant interest in such Cable System, or
(B) otherwise controls or, through any arrangement, is responsible for the management and
operation of such a Cable System.
2.11 "Cable Modem Service" means bi-directional access to the Internet over the
Cable System and the related Cable System equipment used for that purpose, which may be
either high speed Cable System download and integrated telephone return or two-way Cable
System transmission.
.
2.12 "Cable Service" means (A) the one-way transmission to Subscribers of (i)
video programming, or (ii) other programming service, and (B) Subscriber interaction, if any,
which is required for the selection or use of such video programming or other programming
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service, and (C) as otherwise defined by the FCC from time to time, and (D) includes, to the
extent applicable, "cable television service" as defined in RCW 35.99.010. .
2.13 "Cable System" means a facility, consisting of a set of closed transmission
paths and associated signal generation, reception, and control equipment, that is designed to
provide Cable Service which includes video programming and which is provided to multiple
Subscribers within the community, but such term does not include (A) a facility that serves
only to retransmit the television signals of one or more television broadcast stations; (B) a
facility that serves Subscribers without using any Public Rights-of-Way; (C) a facility of a
common carrier which is subject, in whole or in part, to the provisions of Title II of the Cable
Act, except that such facility shall be considered a Cable System to the extent such facility is
used in the. transmission of video programming directly to Subscribers, unless the extent of
such use is solely to provide on-demand services; (D) an open video system that is certified
by the FCC; or (E) any facilities of any electric utility used solely for operating its electric
utility systems.
2.14 "Channel" means a portion of the electromagnetic frequency spectrum which
is used in a Cable System and which is capable of delivering a television signal whether in an
analog or digital format. This definition does not restrict the use of any Channel to the
transmission of analog television signals.
2.15 "City" means the City of Port Angeles, Washington, an optional municipal
code city operating under the provisions of Title 35A RCW.
2.16 "City Council" means the City Council of the City.
.
2.17 "City Property" means and includes all real property, utility poles, conduits,
bridges and similar facilities owned by the City and all property held in a proprietary capacity
by the City.
2.18 "City Requirements" means all laws, ordinances, resolutions, regulations,
rules, policies and directives of general application of the City, in effect at present or that may
be adopted in the future by the City Council.
2.19 "Converter" or receiver means an electronic device which converts cable
channel frequencies which are not normally receivable by some television sets to an
appropriate channel, and which permits a Subscriber to view signals included in the service
being delivered, according to a designated tuning or channel selector dial.
2.20 "Control" or "Controlling Interest" means actual working control III
whatever manner exercised.
2.21 "City Manager" means the City Manager or any successor, or his or her
designee.
2.22 "Days" means calendar days unless otherwise specified.
.
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I
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2.23 "Demarcation Point" means the physical point at which the Cable System
enters the Subscriber's home or building, or a point within the building that is no further than
fifty (50) feet from the physical point of entry into the building or facility on the I-Net, or as
otherwise defined by the FCC, from time to time.
2.24 "Downstream Channel" means a Channel capable of carrying a transmission
from a Headend to other points on a Cable System, including Interconnection points.
2.25 "Educational Access" means non-commercial, educational use by public
schools and school districts and not-for-profit educational institutions chartered or licensed by
the State of Washington or an agency or division thereof.
2.26 "Educational Access Channel" means a dedicated Channel for Educational
Access.
2.27 "FCC" or "Federal Communications Commission" means the federal
administrative agency or lawful successor, authorized to regulate and oversee
telecommunications, cable operators and open video carriers on a national level.
2.28 "Fiber Optic" refers to a transmission medium of optical fiber that supports
delivery of Cable Services.
.
2.29 "Franchise" means this Ordinance, including the Acceptance attached hereto
as Exhibit A, which constitutes a binding agreement between the City and Grantee.
2.30 "Franchise Area" or "Service Area" means the present municipal boundaries
of the City and shall include any additions thereto by annexation or other legal means.
2.31 "Franchising Authority" means the City of Port Angeles, Washington, or the
lawful successor, transferee, or assignee thereof.
2.32 "Government Access" means non-commercial use by municipal, county and
state governments and agencies and divisions thereof.
2.33 "Governmental Access Channel" means a dedicated Channel for
Governmental Access.
2.34 "Grantee" means Northland Cable Television, Inc., doing business as
Northland Cable Television, or any successor or assignee as provided for herein.
.
2.35 "Gross Revenue" means, for purposes of Franchise fee calculations, revenue
received by Grantee from Subscribers for recurring Cable Service charges in connection with
the operation of Grantee's Cable System within the Franchise Area, including revenue
collected for payment of Franchise Fees. Gross revenues shall not include Cable Modem
Service-related collections.
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.5.
In the event of bundling of Cable Services with other non-Cable Services offered by
the Grantee over its Cable System, the Gross Revenues attributable to Cable Services shall be .
calculated as follows:
( CS )X(bC)
cs + ncs
Where cs is the current unit charges or fees paid by Subscribers receiving Cable
Services only, ncs is the current unit charges or fees paid by Subscribers receiving non-Cable
Services only, and bc is the current unit charges or fees paid by Subscribers receiving bundled
Cable Services with other non-Cable Services.
Gross Revenue does not include any revenue not actually received, even if billed (e.g.,
bad debt), and does not include taxes which are imposed by law directly on the Subscriber but
collected by the Grantee and passed on to other governmental entities, such as the local and
state sales tax.
2.36 "Headend" means a facility for signal reception and/or dissemination on the
Cable System, including all related equipment such as cable, antennas, wires, satellite dishes,
monitors, switchers, modulators, computers, software, and processors for television broadcast
signals.
2.37 "Institutional Network" or "I-Net" means a communications network and
backbone as provided for in Section 8.
2.38 "Interconnect," "Interconnected" or "Interconnection" means to provide,
having been provided with, or the provision of, respectively, an electronic or optical linkage
between the Grantee's Cable System and Cable Services or any part, designated Channel, or
signal pathway thereof, and any other designated Cable System and Cable Services or any
part, designated Channel or signal pathway thereof, with the result that Cable Services of high
technical quality may be transmitted between such Cable Systems.
.
2.39 "Liquidated Damages" means the requirements imposed on Grantee to pay
specified; pre-calculated sums set forth in Section 12 hereof, rather than actual costs, to the
City as a result of performance deficiencies identified herein.
2.40 "Normal Operating Conditions" means service conditions that are within
the commercially reasonable control of the Grantee. Service conditions which are ordinarily
within the commercially reasonable control of the Grantee include, but are not limited to,
special promotions, pay-per-view events, rate increase, regular peak or seasonal demand
periods, and maintenance or upgrade of the Cable System, except for unscheduled and/or
emergency equipment replacement and testing required by the FCC or this Franchise. Those
conditions which are not within the commercially reasonable control of the Grantee include,
but are not limited to, natural disasters, civil disturbances, power outages, telephone network
outages, programmer originated interruption, and severe weather.
2.41 "Penetration Level" means the result obtained by dividing the number of.
Cable System Subscribers receiving Cable Services from Grantee within the Franchise Area
by the total number of potential Subscribers within the Franchise Area. Such number of
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potential subscribers shall be approximately equal to the number of residential electric
customers within the Franchise Area. In the event that Grantee believes there is a difference
between the total number of potential Subscribers and the number of residential electric
customers of greater than ten percent (10%), the Grantee shall provide reasonable
documentation as to its calculation of potential Subscribers.
2.42 "Person" means a corporation, company, association, joint stock company or
association, firm, partnership, limited liability company, or individual and includes a lessor,
trustee, receiver, or other such an entity, but does not include the City.
2.43 "Programming" means the video and audio material or programs prepared for
or capable of transmission on a Cable System, or, as the context requires, the process of
causing such material to be created, received, transmitted or distributed on a Cable System.
This definition is not intended to, nor shall it, change or expand the scope of Cable Service.
.
2.44 "Public Way", "Street", or "Right-of-Way" means land acquired or
dedicated for roads, alleys, sidewalks, rights-of-way, public ways, public places and public
streets and easements, including those dedicated for compatible uses and for which, under
City ordinances and other applicable laws, the City has authority to grant Cable System
Franchises and master permits, licenses or leases for use thereof for telecommunications
facilities, or has regulatory authority thereover, and may be more specifically defined in the
master permit, license or lease granting any right to or use thereof. "Right-of-way" for the
purpose of this Chapter does not include buildings, parks, poles, conduits or similar facilities
or property leased to the City, including, by way of example and not limitation, structures in
the right-of-way such as utility poles and bridges. However, "Right-of-way" shall include any
such facilities or property within the direct or management control of the City where
Grantee's facilities are located on the Effective Date of this Ordinance.
2.45 "Residential Dwelling Unit" means each home, house, building, or other
structure that normally accommodates the living quarters of one (1) family, and each
apartment, condominium, or co-operative unit that normally accommodates the living quarters
of one (1) family in any multiple-unit building or complex of multiple-unit buildings;
provided, however, that if the Grante'e has not been granted the authority by an owner or
association of owners to extend its facilities to individual apartments, condominiums, and
co-operative units within the interior of such multiple-unit buildings or complex of
multiple-unit buildings, then any such multiple-unit building or complex of multiple-unit
buildings shall be considered a single Residential Dwelling Unit.
2.46 "Service Interruption" or "Outage" is defined as being a Cable System
malfunction resulting in the loss of picture and sound on one or more Channels affecting more
than one Subscriber.
.
2.47 "Standard Drop or Drop" means the cable connection between the
Subscriber's premises and the Cable System up to a maximum length of one hundred fifty
(150) feet measured from six inches (6") outside the nearest exterior wall of the Subscriber's
premises to the nearest Cable System distribution tap.
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2.48 "Subscriber" means any Person who is lawfully receiving, for any purpose or .
reason, any Cable Service whether or not a fee is paid, including each such Person in a
multiple unit building, except for purposes of reporting or cost allocation, where equivalent
Subscriber basis may be used.
2.49 "Tier" means a level of Cable Services offered by Grantee to Subscribers as a
package, for a specified fee.
2.50 "Upgrade" means an improvement in any aspect of the Cable System.
2.51 "Upstream" means a transmission to a Headend from any other point on the
Cable System, including Interconnection points.
2.52 "Upstream Channel" means a Channel capable of carrying a transmission to
a Headend from any other point on a Cable System including Interconnection points.
Section 3 - Grant and Acceptance of Franchise.
3.1 Grant Of Cable Franchise
3.1.1 There is hereby granted, subj ect to Grantee's acceptance of the terms of
this Franchise as provided herein and the City's receipt of monetary compensation for a term .
as described below, unless otherwise terminated as provided for herein, the non-exclusive
right and privilege to have, acquire, construct, expand, reconstruct, maintain, use, repair,
replace, upgrade, rebuild and operate, in, along, across, on, over, through, above and under the
Public Rights-of-Way of the City, a Cable System to provide Cable Service. In the event the
Grantee either seeks to provide or to allow others to use its Cable System to provide
non-Cable Services, Grantee agrees to obtain all lawfully required City, state and federal
permits, consents, franchises, and other required authorizations, except as allowed in
Subsection 5.3.4.
3.1.2 Nothing in this Franchise shall authorize Grantee to attach any part of
its Cable System to any City property or infrastructure or to use any City-owned conduits or
facilities until Grantee has all required agreements, permits, and licenses from the City,
supported by independent consideration, for such rights of attachment or use.
3.2 Acceptance of Franchise. Grantee has filed with the office of the City Clerk
its Acceptance of the Franchise, and all terms and conditions thereof, signed and
acknowledged by its proper officers. The written Acceptance is attached hereto as Exhibit A
and is accompanied by the Bond and Certificate of Insurance in accordance with Section 10.
Grantee has paid the City its actual, direct expenses incurred in this Franchise renewal
process, but not to exceed the aggregate amount of three thousand ($3,000) dollars.
Section 4 - General Terms.
.
4.1 Franchise Not Exclusive. This Franchise is not exclusive.
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4.2
Term
4.2.1 The term of this Franchise shall commence on the Effective Date of
this Ordinance and shall extend for a period of fifteen (15) years.
(1) The term shall be contingent upon an upgrade of the Cable
System, which shall be completed within twenty four (24)
months of the Effective Date of the Franchise. The upgrade
shall meet all the following requirements:
(a) Activated capacity of 550 MHz providing expanded
Cable Services to 80% of Subscribers by the end of year
2002 and reaching all Subscribers within twenty-four
(24) months of the effective date of this Franchise in
accordance with Section 5.
(b) Broadband cable infrastructure as set forth in Section 5.
(c) Cable Modem Services as set forth in Subsection 5.3.
(2)
The upgrade shall also meet the following requirement:
.
Provision of an Institutional Network including
backbone, reserve fibers, standard drop, and fiber to
requesting businesses, within eighteen (18) months after
the effective date of the City's approval of I-Net plans
and specifications.
(3)
In the event Grantee fails to meet the requirements listed in
Subsection 4.2.1 (1) (a-c) or Subsection 4.2:1 (2) above, the
term shall be reduced from fifteen (15) years to five (5) years, in
accordance with Subsection 12.3.
(4)
In the event the City requires Grantee to complete an upgrade as
set forth in Subsection 5.6, the term shall be automatically
extended for five (5), years or such longer term as may be
requested by Grantee and approved by the City consistent with
Subsection 5.7.1, if Grantee is:
(a)
In full compliance with the Technical Upgrade
Procedures as set forth in Subsection 5.7.
In substantial compliance with all requirements set forth
herein, all as affirmatively determined by the City
Manager and evidenced in the City Manager's written
report to the City Council, which determination shall be
delivered within 60 days following Grantee's notice to
the City Manager that the Upgrade construction is
complete. If the City Manager fails to deliver the
(b)
.
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written report within said 60 days, then the Upgrade
construction. shall be deemed to be in compliance with .
the requests set forth herein.
4.3 Service Availability
4.3.1 Franchise Area. Throughout the term of this Franchise, the Grantee
covenants and agrees to construct, operate, maintain and upgrade the Cable System so as to
make all Cable Services distributed over the Cable System available to any Person within the
Franchise Area in accordance with the terms, schedule, sequence and procedures established
in this Franchise, except for any such service which is provided on a test basis and provided,
however, that a new Cable Service may be introduced on a phased basis in different areas of
the City over a period no longer than one year.
4.3.2 Annexation. Whenever any rights-of-way outside of the Franchise Area
are annexed into the City, all of the rights and privileges herein granted shall apply to said
rights-of-way upon the effective date of the annexation. Within thirty (30) days of such
incorporation or annexation, the Grantee shall revise its billing records accordingly in order to
comply with this franchise.
4.3.3 The Grantee shall ensure that access to any Cable Service is not denied
to any group of potential Subscribers because of the income of the residents of the area in
which such group resides or geographic location (subject to Subsection 4.4). It shall be the
right of all Subscribers to receive continuously all available Cable Services insofar as their .
financial and other obligations to the Grantee are honored. The Grantee shall continuously
monitor the implementation of the commitments set forth in this Subsection.
4.4 Line Extension Policies
4.4.1 Grantee shall extend its Cable System and make Cable Service
available to every existing residential area within the Franchise Area, if requested, whenever
density of at least thirty (30) Residential Dwelling Units for overhead construction and
forty-five (45) Residential Dwelling Units for underground construction per cable mile (or
any proportionate amount thereof measured over a shorter or longer distance) is realized, as
measured from the existing facilities of Grantee's cable system in the Franchise Area;
provided such Residential Dwelling Units are situated along Rights-of-Way to which Grantee
has reasonable access.
4.4.2 For purposes of this Subsection, density per cable mile shall be
computed by dividing the number of Residential Dwelling Units in the area by the length, in
miles or fractions thereof, of the total amount of aerial or underground cable necessary to
make service available to the Residential Dwelling Units in such area in accordance with
Grantee's system design parameters. The cable length shall be measured from the nearest
point of access to the then-existing system, provided that extension is technically feasible
from that point of access. The total cable length shall exclude the drop cable necessary to
serve individual subscriber premises. .
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4.4.3 Grantee shall extend its cable system necessary for the provision of
cable service and make cable service available to any business in the Franchise Area when the
business subscriber agrees to pre-pay for the labor costs to be incurred and materials to be
used in making the extension, beyond the cost of a standard drop.
)
.
4.5 Rate Regulation
4.5.1 Rates and Charges. The City hereby waives its right to regulate rates
for the provision of Basic Cable Service tier and equipment as expressly permitted by
applicable law for a period not to exceed five (5) years from the Effective Date of this
Ordinance.
4.5.2 No earlier than five (5) years from the Effective Date ofthis Ordinance,
the City Manager may notify the Grantee of the date that the City will regulate basic service
tier rates as provided by federal law. After the date that the City will regulate basic service tier
rates, those fees and charges subject to regulation by the City shall not be increased without
prior approval of the City, except as allowed by law.
4.5.3 Reasonable Discounts Offered. Grantee shall offer reasonable
discounts as follows:
(1)
.
(2)
(3)
(4)
(5)
Grantee shall offer a discount to eligible Subscribers in
accordance with the criteria set forth in Chapter 13.20 PAMC
for the current and preceding calendar year.
Subscribers meeting eligibility criteria and subscribing to a
higher tier of service shall not be eligible for a discount.
Such discounts will consist of at least a fifteen percent (15%)
reduction in the normal charge for basic residential services as
well as a fifty percent (50%) reduction in normal residential
installation charges.
The City or its designee shall be responsible for certifying and
notifying the Grantee that such applicants conform to the
specified eligibility criteria.
The City may promulgate revised eligibility criteria, so long as
they are economically and technically feasible and the Grantee
is allowed a reasonable opportunity to comment on such
revisions prior to adoption.
4.6 Changed Conditions
4.6.1 It is the intent of both parties that each party shall enjoy all rights and
be subject to all obligations of this Franchise for the entire term of this Franchise and, to the
extent any provisions have continuing effect, after its expiration. However, both parties
recognize that the technology of cable television and related services is in a state of flux and
that regulatory conditions and franchise rights and powers may change significantly during
the term of this Franchise.
.
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4.6.2 Should such changes occur, as determined by the City, the provisions ..
and procedures of Subsection 5.6 shall govern.
4.6.3 The parties agree that the perpetuation of the substantial equivalent of
the current statutory and regulatory structure governing cable television is not a condition of
this Franchise, or a fundamental assumption that either party is making in entering into it;
provided, however, nothing herein shall prevent either the City or Grantee from asserting that
any part or parts of this Franchise, except for the waivers set forth in Subsections 4.5.1 and
6.10, are preempted by state or federal law as a result of such changes.
Section 5 - General Cable System Reauirements.
5.1 Principal Features. Broadband Platform. The Grantee's upgraded Cable
System shall be a broadband cable infrastructure.
5.2 Cable System Standards. The Grantee's Cable System shall comply with all
applicable federal and state laws, ordinances, and safety requirements, including but not
limited to the regulation of the Federal Communications Commission and Federal Aviation
Administration and the National Electric Code and National Electric Safety Code.
5.3 Cable Modem Service. Grantee agrees to make reasonable efforts to
negotiate an agreement with at least one Internet service provider, whether affiliated or
unaffiliated with Grantee, to use Grantee's broadband cable infrastructure to provide Cable.
Modem Service within the Franchise Area in accordance with Subsection 4.2.1. The Grantee
agrees to negotiate with at least one, if applicable, Internet service provider within the
Grantee's service area first; provided that if suchan arrangement has not been reached within
three months of the Effective Date of this Franchise, the Grantee may negotiate with other
Internet service providers. Said arrangements shall be subject to Grantee and Internet service
providers reaching an agreement based on commercially reasonable terms and conditions.
Grantee shall use commercially reasonable efforts to ensure that the broadband Internet access
services provided over Grantee's Cable System will conform substantially to the following
standards:
5.3.1 The Cable Modem Service platform will be kept current with standards
for interoperability with Internet protocol applications.
5.3.2 Subscribers to the Cable Modem Service, whether affiliated or
unaffiliated with Grantee, will be able to reach the Internet.
5.3.3 The City hereby recognizes that the Grantee and an Internet service
provider, whether affiliated or unaffiliated with Grantee, may provide Cable Modem Service,
without obtaining other City approvals.
.
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5.4
Cable Plant Topography
5.4.1 Network Operating Center. The Network Operating Center will
contain CATV Headend equipment used to originate and receive communication and
entertainment services, and transmit analog and digital signals over the network.
5.4.2 Fiber Optic Nodes. Fiber optic nodes will typically serve clusters of
less than 750 homes passed and will have standby battery electrical powering equipment. The
fiber backbone shall have a minimum of 750 MHz downstream capacity and capabilities to
activate return paths to the Network Operating Center. Furthermore, the fiber optic backbone
will have the ability to geographically segment the Cable System in the future so each node's
service area contains less than 250 homes passed.
5.4.3 Subscriber Drops. Cable Service signals will be converted from optical
to electrical RF at each fiber optic node and carried on coaxial cable and standard coaxial
drops to the Subscriber site. Upon the completion of the upgrade provided for in Subsection
4.2, Cable Service signals from each fiber optic node to the Subscriber site shall have a
minimum 550 MHz downstream bandwidth capacity and the ability to activate the upstream
bandwidth of 5 to 40 MHz.
.
5.5 Network Operating Center. Grantee's Network Operating Center will be
housed in a building with sufficient air conditioning and power conditioning equipment both
for short-term and long-term equipment installation. Standby powering will be installed that is
of sufficient size to be able to provide a continuous supply of electricity up to a forty-eight
(48) hour period in the event of loss of commercial power.
5.6 Upgrade to Keep Technology Current. At the City's request during the
Term of the Franchise, upon the showing required pursuant to Subsection 5.7, the Cable
System and any affected component thereof shall be upgraded to match current technology, to
the extent economically and technically feasible, as reasonably determined by the Grantee as
provided by Grantee or other Cable Service providers of comparable size to Grantee in cities
of comparable size and concurred with by the City. Upon acceptance by the City of such
upgrade, which acceptance will not be unreasonably withheld or delayed, the Term of this
Franchise shall be extended by a period of at least an additional five (5) years. The
appropriate costs of the upgrade shall be deemed external costs passed directly to Subscribers
for rate regulation purposes, at Grantee's option.
5.7 Technical Upgrade Procedure
5.7.1 No earlier than five (5) years from the Effective Date and no more than
once during the Term of this Franchise, the City may require a technical Upgrade of the Cable
System upon the following showing:
.
(1)
The Upgrade is commercially practicable considering the
remaining term of the Franchise and considering Grantee's
ability to recoup the costs of such Upgrade plus a reasonable
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rate of return on such Upgrade investment, provided that the .
City shall extend the term of this Franchise by a period of at
least five (5) years, to allow such return on investment; and
(2) The requirement for such Upgrade is uniformly applied to all of
the City's Cable Service franchisees; and,
(3) There is a demonstrable need and public interest to be served by
the Upgrade during such extended Term.
5.7.2 The City will conduct an inquiry to determine whether the required
showing can be made. Grantee shall reasonably cooperate with the City in the investigation
and provide information, including, if reasonably available, estimated general cost figures,
technical specifications, and equipment specifications that may assist such an undertaking.
5.7.3 Grantee acknowledges and agrees that the City's inquiry may include
information not provided by Grantee and that the City may commission third parties, as
necessary, to ascertain facts in support of the required showing. City and Grantee shall share
the expense of the inquiry with the Grantee's total cost limited to $1,000.00. As part of the
inquiry, the City will survey the public on the currency of Grantee's Cable System, using a
scientific random survey method to be statistically valid, which survey is applicable to the
entire population of the City and meets technically unbiased tests (for example, does not
contain leading questions). The survey method and materials shall be mutually agreed upon.
5.7.4 In the event the City's inquiry indicates that a technical Upgrade may
be necessary under the required showing, the City and Grantee may meet to discuss whether .
and to what extent an Upgrade of the Cable System is required. Within twelve (12) months of
the City Manager's written request, the Grantee shall in good faith prepare and submit its
business evaluation for review by the City. If the Grantee's business plan is commercially
practicable based on commonly accepted industry cost and return on investment criteria, the
Upgrade shall be required.
5.7.5 Upgrade Plans and Permits. Within one-hundred and eighty (180)
days of the City Manager's written notice upon City determination that an Upgrade is
required, Grantee shall submit its Upgrade plans and construction schedule for City approval.
Work shall begin within one-hundred and twenty (120) days of the City's approval of the
Grantee's submittal and the granting of all necessary permits and other applicable
authorizations. All construction shall be in accordance with the City's permitting process,
which shall not be unreasonably withheld, delayed or conditioned.
5.7.6 Extension of Construction Deadlines. Grantee shall obtain City
authorization for any extension to the prescribed time limit for construction of an Upgrade.
Such extension shall be authorized only when the City reasonably finds that such extension is
reasonably necessary and appropriate due to causes beyond the commercially reasonable
control of the Grantee. The City shall not unreasonably withhold, delay or condition its
authorization.
5.8 System Reliability and Performance. Grantee's Cable System will meet or .
exceed FCC technical standards, as amended. Grantee's Cable System will be backed up with
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.
a minimum of two hours standby power at all Cable System nodes. Crews will be dispatched
in the event of a material loss of commercial power. In the event that the Cable System cables
or fiber optic lines are severed, Grantee will respond within an average of two hours and will
correct all such outages, within its commercially reasonable control, within 24 hours.
5.9 System Capacity and Features
5.9.1 Throughout the Term of this Franchise, subject to the completion of the
upgrade provided for in Subsection 4.2 and subject further to any Technical Upgrade
requirements, the Grantee's Cable System will have the following minimum capacity and
features:
Downstream
(1)
(2)
(3)
Fiber optic backbone frequency spectrum: 54-750 MHz.
Fiber optic nodes to Subscribers frequency spectrum: 54-550
MHz.
Integrated downstream broadband infrastructure, delivering a
variety of broadband Cable Services, including but not limited
to analog and digital cable television and Cable Modem Service
as set forth in Subsection 5.3.
Analog Channel Capacity: At least 78 channels.
(4)
.
Upstream
(1)
Frequency spectrum: 5-40 MHz which may be used to provide
an integrated upstream broadband infrastructure.
5.10 Subscriber Equipment Interface and Control. Grantee will comply with the
FCC's standard on equipment compatibility.
5.11 Emergency Alert System
5.11.1 Grantee shall install an emergency alert system that is capable of
providing audio and video messages on all programmed channels, in compliance with FCC
rules by October 1, 2002. The emergency alert system shall provide for activation from the
City's emergency operations center or an alternate location specified by the City, and upon
request by the City, Grantee shall cooperate with the City to test the emergency override
system, for periods not to exceed one minute in duration and not more than once every six
months. If the Grantee elects to participate in the voluntary Washington State EAS plan and
local operational area plan, it shall follow all required procedures. Notwithstanding the
foregoing, FCC rules governing emergency alert systems shall take precedence if in conflict
with this Section.
5.11.2 The EAS shall meet all technical standards as required by the FCC
rules governing the new emergency alert system ("EAS").
.
73 -15-
5.11.3 The Grantee shall provide and maintain all equipment, systems, .
software, services, security provisions, and procedures required for a fully operational
emergency cable override warning system in accordance with FCC rules.
5.12 FCC Testing. The Grantee shall maintain for inspection by the City, a copy of
the final report on each proof of performance test required by Part 76, Subpart K, of the rules
and regulations of the FCC. If the FCC shall cease to require such tests, or if the FCC's
regulations do not apply pursuant to 47 CFR S 77.601(c), the Grantee shall continue to
conduct such tests at least once every calendar year (at intervals not to exceed 14 months) and
shall maintain the resulting test data on file at its local office for at least five (5) years. The
City may require Grantee to provide within a reasonable period of time as the City may
designate, a full report on any deficiencies disclosed by the proof of performance test.
5.13 As Built Drawings. Within one hundred twenty (120) days of completion of
each segment of Grantee's facilities, upon the written request of the City Manager, Grantee
shall supply the City with a complete set of any current drawings for that segment. Grantee
may exclude proprietary information.
Section 6 - Proerammine and Services.
6.1 Grantee Compliance. Grantee shall meet or exceed the programmmg
requirements set forth in this Franchise.
6.2 Programming. Beginning no later than the date on which the entire Cable
System is to be activated, or, if activated in phases at Grantee's discretion, then when each
phase is activated, Grantee shall provide:
.'
6.2.1 In addition to Programming provided on Educational Access and
Governmental Access Channels and local off-air broadcast channels, if any, Grantee shall use
commercially reasonable efforts to provide the following broad categories of Programming:
(1) Education
(2) News & information (local, regional and national)
(3) Sports (local, regional and national)
(4) Cultural and performing arts
(5) Government affairs
(6) Weather
(7) Audio programming (including a selection of local FM radio
stations)
(8) Business news
(9) General entertainment (including but not limited to movies)
(10) Children's programming
(11) Family programming
(12) Science/documentary
(13) Canadian programming .
74
. 16.
.
6.2.2 The requirements for each category of Programming may be satisfied
by providing a separate Channel devoted substantially to the category or by Programming
from more than one Channel which in the aggregate totals the equivalent of a Channel
devoted substantially to the category.
6.3 Community Programming Needs
6.3.1 Grantee agrees to use its commercially reasonable efforts to air a
minimum of twenty (20) hours per month of locally produced Programming, if and to the
extent available, as part of the Programming required by Subsections 6.2.1. and 6.22. Local
programming and locally produced programming shall be considered Programming that is
produced within the Franchise Area and is not Governmental or Educational Access
programmmg.
6.3.2 The parties expressly agree that the Programming described in
Subsection 6.2.1 represents broad categories of video programming within the meaning of 47
U.S.C. 544(b) (2) (B).
.
6.4 Subscriber Programming Survey. Within ninety (90) days after the written
notice by the City Manager, not more frequently than once during the term of this Franchise,
the Grantee shall survey existing Subscribers on the broad categories of Programming for
determination of the Subscriber's Programming preference using a scientific random survey
method to be statistically valid, which is applicable to the entire current Subscriber base and
meets technically unbiased tests. Within ninety (90) days of the completion of the survey, the
results of the survey shall be provided to the City by the Grantee with proposed change(s), if
any, in the broad categories.
6.5 Community Needs Ascertainment Process
6.5.1 Not more frequently than once during the Term of this Franchise, the
City may also arrange and pay for a systematic ascertainment of the community's views
regarding the nature and adequacy of Grantee's performance of this Franchise and the needs
and interests of the community and Subscribers regarding this Franchise.
6.5.2 The ascertainment shall be conducted by an independent entity using
generally accepted market research techniques. A written summary of the findings made by
such an ascertainment shall be provided to Grantee. Such summary shall include a description
of the methodology used.
.
6.6 Deletions or Reduction of Programming Categories. Grantee shall not, to
the extent within its commercially reasonable control, delete or so limit as to effectively delete
any broad category of Programming for any group of Subscribers without providing at least
30 days' prior written notice to the City Manager; provided, however, such deletions as set
forth in this Subsection do not apply to changes pursuant to the FCC's broadcast carriage and
other rules. .
75 -17-
6.7 Parental Control Device. Upon request by any Subscriber, Grantee shall
make available at Grantee's actual cost a parental control or manual non-electronic lockout .
device compatible with the Subscriber's equipment that will enable the Subscriber to block
access to Channels. Grantee shall inform its Subscribers of the availability of the lockout
device at the time of the original subscription, and if requested by the Subscriber, shall
provide the device at the time of the original installation.
6.8 Closed Caption Signals. Grantee shall retransmit all closed-captioned
broadcast signals, to the extent economically and technically feasible, which are made
available by programmers in conjunction with Programming in its line-up and which are
provided in order to facilitate viewing by handicapped persons. Grantee shall maintain the
necessary Headend equipment to make local off-air broadcast signals secondary audio
programming (SAP) features available to Subscribers. Grantee's obligations under this
subsection do not extend to providing customer premises equipment.
6.9 Cable Service to Community Facilities
6.9.1 Within ninety (90) days of a written request by the City Manager,
Grantee shall provide, to facilities included in Exhibit B and future facilities as identified by
the City Manager in writing, that are within one hundred fifty (150) feet of the nearest Cable
System distribution tap and are situated along Rights-of-Way to which Grantee has reasonable
access, one free aerial drop installation to deliver the Basic Service Tier. For any facilities
requiring underground drops, the City will pre-pay Grantee the actual cost for any such
underground drop installation. Each free Basic Service Tier outlet shall include the use of one .
Converter, if necessary, and maintenance thereof by Grantee; provided, however, that each
facility receiving free cable television service shall post a written acknowledgement provided
by Grantee, stating "This service is provided courtesy of Northland Cable Television in
cooperation with the City of Port Angeles." Hardware and the installation thereof for any
internal video or broadband distribution system shall be provided by the facility served.
6.9.2 Within ninety (90) days of a written request by the City Manager,
Grantee will provide, to the extent economically and technically feasible, at no charge, an
appropriate interface to any internal video distribution system in the facilities described on
Exhibit B, so long as the facility insures that such internal system complies with the FCC's
signal leakage and signal quality standards and does not interfere with or adversely affect the
Grantee's Cable System, including the upstream capacity.
6.10 Subscriber Service Standards. The City hereby waives its right to
promulgate subscriber service standards for a period not to exceed five (5) years from the
Effective Date of this Agreement. In accordance with federal law, the City may promulgate
subscriber service standards so long as they are economically and technically feasible and the
Grantee is allowed a reasonable opportunity to comment on such standards prior to adoption.
Section 7 - Access Channels and Support.
.
7.1 Minimum Channel Capacity. In addition to the current one Access Channel
in the Franchise Area, currently activated as Channel 21, within ninety (90) days after the City
76 _ 18-
I
.
Manager's written request, the Grantee shall activate a second and a third Access Channel in
the Franchise Area, for a total of three activated Access Channels during the Franchise term.
Of the three activated Access Channels, the City Manager shall dedicate at least one channel
for Governmental Access and one for Educational Access.
7.2 Access Channel Activation Utilization Criteria. Progressively, the second
and then the third Access Channels may be activated, upon written request by the City
Manager, when the average daily use of the existing Access Channels meet the following
criteria:
7.2.1 Access Channels are used for access programming purposes with
governmental and educational institutions of any type a minimum annual average of four (4)
hours per day that is distinct and non-repetitive, five (5) days per week, during any
consecutive ten (10) week period.
7.2.3 Except for character-generated announcements, the Programming of
the second or third Access Channels required shall be distinct and non-repetitive of the
previous Access Channel. Based upon these criteria, the Grantee shall, within ninety (90)
days following a written request by the City Manager, provide the second and/or third
designated Access Channel in the Franchise Area for this purpose. The City Manager shall
have the right to designate whether the second or third Channel will be utilized in whole or in
part for Educational Access or Governmental Access.
.
7.2.4 Minimum Usage. If the second or third Access Channel fails to meet
the continuing criteria of programmed usage for one hundred eighty (180) continuous days of
operation, such Channel shall revert to the Grantee for whatever use it deems appropriate,
until the City can demonstrate that the minimum utilization criteria set forth herein will be
achieved. However, the City may not request reactivation of such a Channel any sooner than
twelve (12) months after such reversion to Grantee.
7.2.5 Channel Placement. Access channels shall be included in the basic
Channel lineup. The current channel position of the one Access Channel in the Franchise Area
shall continue to be Channel 21. The Grantee shall obtain City approval of a change to the
current Access Channel position, including a plan to promote such change to Subscribers.
Such approval shall not be unreasonably withheld. The second and third Access Channels
shall be assigned a position within the basic Channel lineup as close to Channel 21 as possible
consistent with Grantee's contracts in place at such time and with applicable Federal law.
7.3 Access Policies. The City's public information committee shall recommend
policies and procedures to the City Council for the use of the second and third Access
Channels. At Grantee's option, Grantee may be a member of the City's Public Information
Committee.
7.4 Allocation of Access Channels.
.
7.4.1 The City Manager shall, in accordance with the provisions of this
Section determine the number of Access Channels to be used, subject to the provisions of
77 . 19.
I
Subsection 7.2 hereof, and allocate to various entities access to the Access Channels in the
Franchise Area to meet their requirements. Grantee shall determine Access Channel .
placement. The request by the institution or organization must provide the City Manager with
sufficient plans for operating expenses, technical configuration, channel use, and public
purpose other than public access as contemplated by the Cable Act. In the event that making
available a Channel for Access Channel purposes requires displacement of other
Programming, the City shall give Grantee at least ninety (90) days written notice.
7.4.2 The City Manager may designate Access Channel use in the Franchise
Area for use by Educational Access or Governmental Access at the City's sole discretion,
including order and priority of programming. The City Manager may designate one Access
Channel dedicated exclusively for either Educational Access or Governmental Access uses or
may combine users on a shared basis on activated Access Channels in the Franchise Area.
7.5 Use of Access Channels.
7.5.1 The Access Channels in the Franchise Area shall be placed under the
authority of the City Manager for use related to governmental and educational purposes.
7.5.2 Access Channel programming may include financial sponsorships and
underwriting with acknowledgment of those sponsors or underwriters.
7.5.3 No restrictions shall be placed on the use of these Access Channels for
Governmental or Educational Access, except as provided in this Franchise or by law. Except.
as provided by law, Grantee shall not exercise editorial control over programmiI?-g of any
Access Channel. At no time shall the Grantee interrupt at its headend or hub site the signal
provided on any Access Channel without the express consent of the City, except for routine
maintenance and in circumstances beyond Grantee's commercially reasonable control.
7.6 Technical Quality. Grantee shall maintain all Upstream and Downstream
Access Channels and Interconnections of Access Channels at the level of technical quality
and reliability required by this Franchise and all other applicable laws, rules and regulations
or at the same level of quality as comparable Subscriber Channels, whichever is higher.
7.7 Designated Access Channel Managers. The City shall name Designated
Access Channel Managers for Educational Access and GovernmentalA.ccess Programming.
The Designated Access Channel Managers shall have sole responsibility for operating and
managing their respective Access Channels.
7.8 Video Feeds. Grantee currently provides video feeds from City Hall and
Peninsula Community College. Within ninety (90) days of a written request by the City
Manager, Grantee shall install for the City's use and at no cost to the City, upstream video
feeds from one additional location designated by the City, provided such location is within
Franchise Area, located within 150 aerial feet of Grantee's upgraded Cable System, and to
either Grantee's headend or other connection point capable of transmitting a video signal. For
any such location requiring underground installation, the City will pre-pay Grantee the actual .
cost for any such underground installation. Grantee shall also provide and install,. for the
78 _ 20 _
.
City's use and at no cost to the City, any equipment reasonably necessary for the City to
transmit signals via the Video Feeds, provided Grantee's total cost for such additional
location shall not exceed $1,000.
7.9 Rights to Access Channel Programming. Grantee shall have no rights to
Access Channel Programming by virtue of cablecasting or distributing such Programming
over its Cable System, except for Grantee's right to transmit such Programming to all the
Subscribers receiving a signal from the Cable System headend serving the Franchise Area.
7.10 Access Channel Resources. Grantee shall provide, at no charge to the City,
the following:
7.10.1 Staffing. The Grantee shall provide the technical advice necessary to
transmit access Programming on the Access Channels as directed by the City, as applicable,
on an as-needed basis. Such staff shall be available during normal business hours at no charge
to the access user and at other times for a reasonable and fair charge. For the purposes of this
Subsection, normal business hours shall be considered to be the hours of 8:00 a.m. to 5:00
p.m. Monday through Friday, excluding legal holidays.
.
7.1 0.2 With respect to access, at the written request of the City Manager, the
Grantee shall provide up to four (4) hours per week of use in the aggregate of the Grantee's
staffing and technical services ("staff and equipment time") for production of live and video
taped Educational Access and Governmental Access programs. The City will reimburse
Grantee's actual costs in excess of four (4) hours per week averaged annually.
7.10.3 The Grantee shall maintain the Interconnection and electronics on the
Cable System such that "live" or videotaped programming may be cablecast via Access
Channels from the Port Angeles City Council Chambers, Peninsula Community College, and
at one additional site selected by the City which is situated along Rights-of-Way to which
Grantee has reasonable access, taking due consideration that the cost for such electronics for
such additional site on the Cable System shall be comparable to the expenses for the
electronics on the Cable System allowing cable-casting from the Port Angeles City Council
Chambers. Grantee shall not be responsible for the maintenance of electronics on site, or any
other customer premises equipment, for such cablecast.
7.11 Grantee Contributions and Other Support for Access Channels
7.11.1 Within ninety (90) days of the City Manager's written request, no
earlier than two (2) years from the Effective Date of this Franchise, the Grantee shall, at its
option, provide the City either (i) funds for Access Channel production facilities and
equipment in the amount of $60,000.00, (ii) $12,000 per year for five (5) consecutive years,
paid pro rata to the City quarterly by the Grantee, or (iii) Access Channel equipment specified
in writing by the City up to the aggregate value of $60,000.00.
.
7.11.2 Within ninety (90) days of the Effective Date of this Franchise, the
Grantee shall provide Access Channel playback equipment to the City including three (3)
Panasonic AG-7150 S-VHSNHS HI-FI Players, one (1) Leightronix Mini-T Event Controller
79 _ 21 _
And Software, and five (5) Leightronix Pro-Bus Control Interfaces. The Access Channel .
playback equipment shall be in proper operating condition and in accordance with
manufacturer's specifications.
7.11.3 The Grantee shall not be responsible for any of the costs to install
production facilities and equipment. All such facilities and equipment shall be for the benefit
of the City and its residents and shall be subject to the sole control and ownership of the City.
Within ninety (90) days of Grantee request, the City shall provide a detailed accounting of the
capital expenditures with such funds. At the termination of this Franchise, any unspent funds
will be returned to the Grantee.
7.11.4 The City shall continue to provide playback services for access users
within the Franchise Area for the Access Channel originating at City Hall and shall provide
and maintain all of its equipment, referenced in Subsection 7.11.1, currently located at 321
East Fifth Street, Port Angeles, Washington, for Access Channel purposes.
7.11.5 Within ninety (90) days of the City Manager's written request, no
earlier than two (2) years from the Effective Date of this Franchise, the Grantee shall provide
an annual operational contribution to support the adequate operation of the Government
Access Channel in the amount of $0.05 per subscriber per month.
7.12 Agreement as to Access Channel Contribution. The Grantee acknowledges
that all contributions, services, equipment, facilities, support, resources, and other activities to .
be paid for or supplied by the Grantee pursuant to or in connection with its performance under
this Subsection are for the benefit of all Subscribers. For purposes of this Franchise, the
Grantee agrees that such contributions, services, equipment, facilities, support, resources, and
other things of value are not deemed to be (1) "payments-in-kind" or involuntary payments
chargeable against the compensation to be paid to the City by the Grantee pursuant to Section
1 0 hereof, or (2) part of the compensation to be paid to the City by the Grantee pursuant to
Section 10.
7.13 Access Channel Interconnection. For the purpose of making all Access
Channels available to all Subscribers, Access Channels on Grantee's Cable System shall be
capable of being interconnected with other Cable Systems throughout the City for cablecast of
the Access Channels. Actual interconnection shall be implemented upon request of the City
Manager provided that (1) interconnection is technically and economically feasible; (2)
Grantee and the other operator agree upon reasonable interconnection arrangements, including
an allocation of the costs of interconnection between Grantee and such other operator that is
reasonable in light of the relative benefits and burdens, including consideration of support
(capital and operational) provided for Access Channel purposes, including equipment in use
for Access Channels purposes at the time of interconnection.
Section 8 - Institutional Network.
8.1
Provision of Institutional Network
.
80 _ 22 _
8.1.1 As a condition of this Franchise, Grantee shall furnish to the City on a
cost plus a twenty percent (20%) project management fee, a dark fiber Institutional Network
(I-Net) backbone including in ad~ition 12 single mode reserve fibers capable ofbi-directional
delivery of broadband communications services as identified in Exhibit "C", as described
herein, within eighteen (18) months after City approval of the Grantee's I-Net plans and
specifications as provided for in Subsection 8.6.1. The I-Net fibers and reserve fibers shall be
located in the same sheath, wherever practicable. The cost of the fiber backbone construction
will be shared as set forth in Subsection 8.11.
.
8.1.2 Fiber Optic Infrastructure. The I-Net transmission infrastructure shall
physically consist of:
(1)
(2)
(3)
.
(4)
A minimum of 12 single mode fibers in the backbone in
accordance with Exhibit C.
Seven (7) fiber node locations along the I-Net backbone as
identified in Exhibits "B" and "C".
The Grantee shall allow the extension of fiber drops from the 1-
Net nodes identified in Exhibits "B" and "C", to sites identified
in Exhibit B, that are situated along Rights-of-Way to which
Grantee has reasonable access and upon the request of the City
shall construct such additional drops, subject to the City's
payment to Grantee of any and all costs, expenses, and fees
associated with the requested drops including a twenty (20)
percent project management fee from the City.
Each I-Net site connection shall be terminated within fifty (50)
feet of entering the applicable building at a point of demarcation
in a Grantee standard termination panel, mounted on a City
furnished backboard, unless the City, at the City's cost,
provides another means of termination, in which case the City,
at the City's cost, shall provide all necessary termination
equipment. All terminations will use SC/ APC fiber connectors.
consist of:
8.1.3 The Fiber Optic reserve transmission infrastructure shall physically
(1)
(2)
.
(3)
A mmlmum of 12 single mode reserve fibers in the I-Net
backbone in accordance with Exhibits "B" and "C".
The Grantee shall allow the extension of fiber drops, consisting
of a minimum of four (4) single mode fibers to each business,
from the I-Net fiber optic nodes to requesting businesses, and
shall construct such additional drops, subject to the requesting
business' pre-payment to Grantee of any and all costs, expenses,
and fees associated with the requested drops including a twenty
(20) percent project management fee from the requesting
business.
Each business connection shall be terminated within fifty (50)
feet of entering the building at a point of demarcation in a
termination panel, mounted on a backboard furnished by the
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business, unless the business, at the business's pre-paid cost and .
expenses, provides another means of termination, in which case
the business, at the business's pre-paid cost and expenses, shall
provide all necessary termination equipment. All terminations
will use SC/ APC fiber connectors.
8.2 I-Net Ownership. Grantee shall have full ownership of the I-Net and 12
single mode reserve fiber infrastructure and associated facilities up to and including the
Grantee provided termination panels or up to the termination splices in City provided
termination panels, within the fiber backbone at each node. Unless otherwise agreed by the
user making payment and Grantee, all I-Net and reserve fiber drops not within Grantee's
sheath or lashed to Grantee's sheath from the I-Net node to user sites shall be owned and
maintained by the user making payment for said drop.
8.3 City's Exclusive Rights.
8.3.1 The City shall have an exclusive right of use of the I-Net infrastructure
at no charge to the City and these free and exclusive rights shall be irrevocable by Grantee, or
successor companies, if any, during the term of this Franchise. Maintenance charges shall be
as provided in Subsection 8.7.
8.3.2 In the event of any transfer, assignment or sale of any ownership
interest whatsoever of the I-Net owned by the Grantee to any successor or other person, the
Grantee shall notify the City and the prospective successor or person of the irrevocable rights .
of the City. In the event such notice is not given, the City may exercise all rights under law,
including enjoining the prospective transfer of ownership.
8.3.3 To the extent the I-Net infrastructure provided under this Franchise is
still in use and needed by the City, continued use of the I-Net infrastructure under the same
conditions set forth in this Franchise shall be a condition of any renewal.
8.4 Use of Institutional Network
8.4.1 The City may use the I-Net described in Subsection 8.1.2 for any
communications, in any form, for any non-commercial (a) governmental purpose (proprietary
or governmental); (b) educational purpose; ( c) public purpose other than public access as
contemplated by the 1996 Telecommunications Act; or (d) for use of the Access Channels on
the subscriber Network. The I-Net may be linked to any other communications network used
by the City, or to any non-commercial I-Net user authorized by the City (or an entity under
the City's control) and approved by Grantee in writing, which approval shall not be
unreasonably withheld. Notwithstanding any other provision of the Franchise, Grantee agrees
that mutually authorized non-commercial I-Net users may provide Internet services or access
to Internet services to the public, schools and governmental entities over the I-Net described
in Subsection 8.12.
8.4.2 In the Event of Bi-Directional Usage. Upon future activation of an .
integrated upstream broadband infrastructure, Grantee shall allow the City bi-directional
82 _ 24 _
access to the subscriber network, for such uses mutually agreed upon, which may include
meter reading, utility load monitoring and utility control. In the event there is a charge for
such bi-directional usage, the City will be charged the Grantee's most favorable rate, subject
to acceptance by the City.
.
8.5 Use of Reserve Fibers
8.5.1 Reserve fibers may be used for I-Net purposes and as allowed under
this subsection.
(1)
(2)
.
(3)
(4)
.
Grantee or Grantee approved third parties may use 12 single
mode reserve fibers for commercial purposes other than Cable
Services. Grantee or each Grantee approved third party shall be
permitted to use no more than four (4) reserve fibers for
commercial purposes, unless mutually agreed upon by the City
and Grantee. Grantee shall be permitted to charge a fee and
impose contractual restrictions based on competitive market
conditions to approved third parties for use of 12 single mode
reserve fibers.
Subject to all of the provisions of this Subsection 8.5.1, the
Grantee shall permit third parties to use 12 single mode reserve
fibers for private wide area networks (WAN). Grantee
approved third parties using reserve fibers for private wide area
networks shall be further limited as follows:
(a) No more than eight (8) of the 12 single mode reserve
fibers may be used for such private WAN network use.
(b) The Grantee shall permit use of reserve fibers by private
WAN users only until such time as bandwidth is
available from a commercial service provider using the
reserve fibers, and Grantee will condition any contract
for use of reserve fibers by private WAN users
accordingly.
After the 12 single mode reserve fibers have been fully utilized,
the City may allow unused I-Net fibers to be used by Grantee or
Grantee approved third parties for commercial purposes other
than Cable Services, subject to the same provisions listed in
Subsections 8.5.1(1) and (2) and other such provisions mutually
acceptable to the City and Grantee. Any compensation charge
for such use shall be mutually agreed to by the Grantee and City
and shared equally.
In the event that the Grantee or Grantee approved third parties
have not utilized the 12 single mode reserve fibers throughout
its fiber optic backbone for commercial or private WAN
purposes other than Cable Services after two (2) years following
City acceptance of the I-Net backbone, or a reduced time period
as otherwise mutually agreed upon, upon City Council
83 _ 25 .
~
determination available reserve fibers may be used by the City .
or City and Grantee approved third parties for commercial
purposes other than Cable Services. Any compensation charge
for such use shall be mutually agreed to by the Grantee and City
and shared equally.
8.6 Institutional Network Plans, Specifications, Cost Proposal and
Construction
8.6.1 Backbone Route Plan and Cost Proposal. The Grantee's fiber optic
backbone route plan including node locations is identified in Exhibits "B" and "C". The
cost to the City for the installation and construction of the I-Net fiber optic backbone,
including single mode fiber optic strands, shall be as provided in Subsection 8.11. The
Grantee shall be responsible for the installation and construction of the 12 single mode
reserve fibers within the I-Net fiber optic backbone, including 12 single mode fiber optic
strands. The Grantee shall submit plans and specifications within sixty (60) days of the
Effective Date of this Franchise for City approval. The I-Net backbone and reserve fibers,
including all splicing and testing, shall be fully complete, tested, and capable of operation
within 18 months after the effective date of the City's approval of the Grantee's I-Net plans
and specifications. The City shall promptly conduct a final inspection to verify completion.
Upon verification of completion by the City and delivery by Grantee to the City of as-builts
and a complete set of City approved fiber test results, the City will issue formal acceptance
of the I-Net backbone and reserve fibers, which acceptance shall not be unreasonably .
withheld or delayed.
8.6.2 Site Drop Route Plans and Cost Proposal Procedure and Schedule.
(1) The City may provide the Grantee detailed site plans for the 1-
Net sites for which it requests the Grantee to prepare a cost
proposal.
(2) Grantee may meet and confer with the City to clarify any of the
I-Net user site location plans.
(3) Grantee shall provide the City Manager the network outside
plant plans and cost proposal, from the I-Net node locations to
each I-Net site identified in the City's request, and a sufficiently
documented I-Net site drop cost proposal, within ninety (90)
days of the City's written request.
(4) The City may request the Grantee to provide a cost proposal to
build the City's I-Net fiber site drop infrastructure, in
accordance with the following:
(a) In preparing the plans, specifications and cost proposal,
Grantee and the City agree to coordinate closely to
ensure that the project requirements are met
expeditiously.
(b) Grantee's plans and specifications shall be in sufficient
detail to permit identification, correlation, verification .
84 . 26 .
1-----
.
(c)
(d)
(e)
(f)
(g)
.
(h)
and understanding of the components of Grantee's cost
proposal.
The City Manager will'review the plans, specifications
and cost proposal and shall provide written revisions or
approval of the proposal within sixty (60) days of receipt
of Grantee's submittal.
In no event shall the City have any liability for any
expenses the Grantee incurs in preparation of such plans,
specifications or cost proposal until approval of such
plans, specifications or cost proposal is given by the
City Manager, which approval shall not be unreasonably
withheld or delayed.
Grantee shall take steps to commence the I-Net fiber
drop construction within a mutually agreed upon time
frame from approval of the cost proposal by the City
Manager.
Grantee shall provide the City, upon the City's prior
written notice, with monthly updates indicating work
completed, planned construction for next month, and
projected time-line for project completion.
Taking into consideration any unforeseen circumstances
and to the extent technically feasible, the I-Net fiber
drops, including all splicing and testing, shall be fully
complete, and capable of operation within a mutually
agreed upon time frame after the construction start date.
The City shall promptly conduct a final inspection to
verify completion.
Upon verification of completion by the City and
delivery by Grantee to the City of as-builts and a
complete set of City approved fiber test results, the City
will issue formal acceptance of the I-Net site drops.
8.6.3 Grantee shall warrant the I-Net backbone and fiber drop construction
for a period of one year following City acceptance and be responsible to promptly correct, at
its own expense, all defects and errors in materials and/or construction that may arise during
the warranty period.
8.6.4 To the extent technically and economically feasible, Grantee shall
include in its design the capability to provide for video feeds and/or data that need to be
routed to the Grantee Subscriber. network Educational Access Channel and Government
Access Channel.
8.6.5 Interconnection and Extensions. The City reserves, at the City's sole
cost and expense, the right to make extensions or drops to sites identified in Exhibit "B" and
other sites that are within and outside of the City limits by itself or by the Grantee. All
Interconnections shall be made by the Grantee or by other arrangements as mutually agreed
.
85 _ 27 _
upon, provided that all such Interconnections to the Grantee's network are performed only by .
the Grantee at agreed upon competitive commercial rates.
8.7 Demand Maintenance of the I-Net. Grantee shall provide demand
maintenance twenty-four hours a day, seven days a week and shall maintain the I-Net
infrastructure to the point of demarcation to operate at or above FCC standards at all times.
8.7.1 Normal Operating Conditions. Under normal operating conditions,
Grantee shall respond to all outage reports within two hours and make necessary repairs to the
extent technically feasible.to restore service within four hours of notification Monday through
Sunday, 6 a.m. to 10 p.m.. Under normal operating conditions, Grantee shall respond to
degradation reports within twenty-four hours.
8.7.2 Emergency Conditions. In emergency conditions, such as a natural
emergency resulting from a windstorm, Grantee will perform emergency repair work on the 1-
Net fiber and field equipment in the course of conducting its own emergency repair work on
its fiber systems. All fibers at a given damage location shall be repaired concurrently without
preference to function.
8.8 Routine Maintenance of I-Net. Routine maintenance on the fiber used
exclusively by the City for I-Net use will be conducted on the same schedule as routine
maintenance on Grantee's fiber systems, or as mutually agreed upon. Any maintenance that
may disrupt the use of the I-Net shall be performed by Grantee with minimum seven (7) days.
prior notice to the City.
8.9 Payment for Maintenance of I-Net. A mutually agreed upon fee shall be
charged by the Grantee for maintenance and repair of the I-Net. Such fee will be payable
quarterly, and at Grantee's option all or a portion thereof may be applied as a credit to the
franchise fee payable by Grantee.
8.10 Administration, Maintenance and Management of I-Net Sites and
Equipment. The City and any other I-Net user shall be responsible for the ongoing
administration, maintenance and management of its I-Net sites and equipment. All such
maintenance conducted by the City or any other I-Net user shall be performed in a
workmanlike manner to industry standards, and any City-provided equipment shall comply in
all respects with applicable governmental codes, laws, ordinances or regulations and the
National Electric Safety Code. The City and any I-Net user shall indemnify and hold
harmless Grantee from and against any and all claims for damages resulting from any acts or
omissions in connection with this Subsection 8.10.
8.11 I-Net Cost.
8.11.1 The cost to the City for the installation and construction of the I-Net
backbone shall be the incremental cost as defined in Subsection 8.12.1,
plus a twenty percent (20%) project management fee and shall not
exceed $250,000.00, in accordance with Subsection 8.6.1. If the City .
Manager notifies the Grantee in writing on or before October 1, 2002
86 _ 28 _
that the backbone shall include a minimum of 24 single mode fibers the
cost to the City for the installation and construction of the I-Net
backbone shall be the incremental cost as defined in Subsection 8.12.1,
plus a twenty percent (20%) project management fee and shall not
exceed $350,000.00, which includes a thirteen percent (13%)
contingency for expenses that are approved by the City Manager, which
approval shall not be unreasonably withheld, in accordance with
Subsection 8.6.1. The Grantee shall be responsible for the cost of 12
single mode reserve fibers in accordance with this Subsection. The
cost to the City for the installation and construction of the I-Net site
drops shall not exceed the Grantee's cost proposal approved in
accordance with Subsection 8.6.2. There shall be no charge by the
Grantee to the City or to any other authorized user for the use of the
I-Net, except maintenance charges as provided in Subsection 8.9.
.
8.11.2 The City's cost-share for the I-Net backbone and site drops shall be
verified by the City and payments shall be made by the City within
thirty (30) days of Grantee's request for payment as follows:
(1)
.
(2)
Monthly payments less five percent (5%) retainage required by
RCW 60.28.010 upon City acceptance and approval of.
Grantee's request for payment containing all appropriate and
complete invoices.
Final payment representing release of five percent (5%)
retainagethirty (30) days following formal City acceptance,
which shall occur within 60 days of the City's receipt of
Grantee's request for payment containing all appropriate and
complete invoices.
8.12 Definition of Incremental, Direct and Indirect Costs
8.12.1 Incremental Costs. Incremental costs are that portion of the direct costs
solely attributable to the cost of materials, labor and final engineering
design of the I-Net for which the City is responsible for payment under
this Franchise. Incremental costs include only the direct costs that
would not have been incurred but for the providing of such I-Net and
do not include indirect costs.
8.12.2 Direct Costs. In respect to the obligation of the City to pay for the cost
of I-Net facilities to be provided by Grantee under this Franchise, the
term "direct costs" includes those costs specified in this Section 8 and
no indirect costs. "Direct costs" shall include costs such as:
(1)
.
(2)
cost of design, materials and equipment necessary or desirable
for construction;
payments made by Grantee to subcontractors in accordance
with the requirements of the subcontracts;
87 . 29 .
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
wages and salaries and associated taxes and benefits of
Grantee's employees performing work on the relevant portion .
of City-required facilities;
sales, excise, and other taxes paid by Grantee on materials,
equipment, supplies and services chargeable to the relevant
portion of the City-required facilities;
any labor force travel expenses directly chargeable to the work
on the relevant portion of the City-required facilities;
cost of necessary licenses and permit fees, including
rights-of-way construction permit fees and inspection fees, if
any, related to the relevant portion of the City-required
facilities; the City may review the applicability of such City
permit fees, such as construction permit fees, construction
impact fees, and construction inspection fees for the I-Net;
actual rental costs for the use of any necessary temporary
facilities, or special machinery, equipment and hand tools used
in the work on the relevant portion of the City-required
facilities;
that portion attributable to this Franchise of premiums for
insurance and bonds related to the design and construction of
the City-required facilities;
any work destroyed or damaged prior to the City's acceptance,
not compensated by insurance or otherwise, sustained by
Grantee in connection with the work, provided the damage .
resulted from causes other than the fault or negligence of
Grantee;
costs of removal of debris on the relevant portion of the
City-required facilities;
costs incurred on the relevant portion of the City-required
facilities, in taking action to preventthreatened damage, injury,
loss in case of an emergency affecting the safety of persons and
property;
any additional pole attachment costs to Grantee; and
other costs incurred on the relevant portion of the City-required
facilities in the performance of the work if, and to the extent,
approved in advance in writing by the City.
8.12.3 Indirect Costs. Indirect costs shall include:
(1) salaries and other compensation of Grantee's employees
stationed at Grantee's offices other than its office located within
the Franchise Area, except as may be expressly included in
Subsection 8.11.2 (3);
(2) overhead and general expenses, except as may be expressly
included in Subsection 8.12.2 (3);
(3) Grantee's cost of capital (debt and equity); and .
88 . 30 .
.
(4)
costs due to the fault or negligence of Grantee, including, but
not limited to, costs for the correction of damage, defective or
nonconforming work, disposal and replacement of materials and
equipment incorrectly ordered or supplied, in making good
damage to property not forming a part of the work.
8.13 I-Net Costs not Franchise Fees. The parties agree that there shall be no
charge to the City for the I-Net provided by Grantee, other than the charges specified in this
Section 8. The parties agree that any capital costs to the Grantee associated with the I-Net
provided by Grantee are not Franchise fees and fall within one or more of the exceptions to 47
D.S.C. 542(g).
8.14 Pricing Guarantee. Notwithstanding any other provision of this Franchise, for
any work that the City is obligated to use the Grantee to perform under this Franchise, the
Grantee will make commercially reasonable efforts to ensure that the amount it charges will
be consistent with the price the City could obtain through a competitive pricing process.
Section 9 - Construction Procedures.
.
9.1 Cable System Construction Standards. All work involved in the
construction, operation, maintenance, repair, upgrade, and removal of the Cable System shall
be performed in a safe, thorough and reliable manner using materials of good and durable
quality, and so as to cause a minimum of interference with the Public Rights-of-Way. If, at
any time, it is reasonably determined by the City that any part of the Cable System, including,
without limitation, any means used to distribute signals over or within the Cable System, is
harmful to the health or safety of any person, then the Grantee shall, at its own cost and
expense, promptly correct all such conditions.
9.2 Construction Work Regulation by City. All' construction work done by
Grantee in connection with the construction, expansion, reconstruction, maintenance or repair
of its facilities in the Public Rights-of-Way shall be subject to and governed by all lawful City
Requirements, provided that the terms of this Ordinance shall control over any City
requirements enacted or adopted after the Effective Date that are less favorable or more
burdensome than the terms of this Ordinance, except, if and to the extent any such City
requirements are universally applied to all utilities and applicable third parties.
.
9.3 Work by Others. The City reserves the right to lay and permit to be laid,
telecommunications, sewer, gas, water, electric and other pipe lines or cables and conduits,
and to do and permit to be done, any underground and overhead work, and any attachment,
restructuring or changes in aerial facilities that may be reasonably deemed necessary by the
City Manager in, across, along, over or under any public street, alley or right-of-way occupied
by Grantee, and to change any curb or sidewalk or the grade of any street. In permitting such
work to be done, the City shall not be liable to Grantee for any damages not directly caused
by the willful misconduct or negligence of the City; provided, however, nothing herein shall
relieve any other person or entity, including any contractor, subcontractor, or agent from
liability for damage to Grantee's Cable System.
89 _ 31 _
9.4 Construction by Abutting Owners. In the event that, during the term of this .
Franchise, the City authorizes abutting landowners to occupy space under the surface of any
public street, alley, or Right-of-Way, such grant to an abutting landowner shall be subject to
the rights herein granted to Grantee. In the event that the City shall close or abandon any
public street, alley or Right-of-Way, which contains any portion of Grantee's Cable System,
any conveyance of land contained in such closed or abandoned public street, alley, or
right-of-way shall be subject to the rights herein granted.
9.5 Relocation or Removal of Facilities.
9.5.1 Grantee will obtain the City's approval before any relocation of
Grantee's facilities in the Public Rights-of-Way. Such approval shall not be unreasonably
withheld or delayed.
9.5.2 Within thirty (30) days following written notice from the City, the
Grantee shall, at its own reasonable expense, temporarily or permanently remove, relocate,
change or alter the position of any of its Cable System or other of its facilities that are within
the Public Rights-of- Ways whenever the City shall have reasonably determined that such
removal, relocation, change or alteration is necessary for:
(2)
the construction, repair, maintenance or installation of any City
or other public improvement in or upon the Public .
Rights-of-Way;
the operations of the City or other govemmentalentity. in or
upon the Public Rights-of-Way.
(1)
9.5.3 Grantee and the City shall cooperate to the extent possible to assure
continuity of service. If Grantee, after at least forty five (45) days' written notice by the City,
fails or refuses to act, the City may remove or abate the same, at the sole cost and expense of
Grantee, all without compensation or liability for damages to Grantee, except to the extent
caused by the willful misconduct or negligence of the City.
9.5.4 This Section is not intended to affect or alter any current contractual
agreements that the Grantee may have concerning relocation of facilities or recovery of costs
from private third parties for relocations requested by such private third parties.
9.6 Tree Trimming. Upon ten (10) days' written notice provided to the City,
except in an emergency of imminent danger to persons or property, the Grantee may trim
trees or other vegetation owned by the City or encroaching upon the Public Right-of-Way to
prevent their branches or leaves from touching or otherwise interfering with its wires. All
trimming or pruning by Grantee shall be at the sole cost of the Grantee. The Grantee may
contract for said trimming or pruning services with any person approved by the City, which
approval shall not be unreasonably withheld or delayed.
.
90 _ 32 _
.
Section 10 - Compensation and Financial Provisions.
10.1 General Compensation. Grantee agrees to pay to the City during each year of
this Franchise, a franchise fee consisting of five percent (5%) of Grantee's Gross Revenue.
10.2 Calculation and Payment on a Quarterly Basis of Annual Franchise Fee
10.2.1 Grantee shall pay to the City for each quarter this Franchise remains in
effect an amount equal to five percent (5%) of Gross Revenue, referred to as the "quarterly
payment." Grantee shall make this payment by check or by wire transfer to the account
designated by the City Manager by 5:00 P.M. on the forty-fifth (45) day following the close
of the calendar quarter for which the quarterly payment is calculated, provided that necessary
information in order to pay by. wire transfer is or has been provided to Grantee at least ten
(10) days prior to the payment date. Any necessary prorations shall be made.
10.2.2 To the extent consistent with federal law, the compensation set forth in
this Section shall be exclusive of and in addition to all special assessments and taxes of
whatever nature, including, but not limited to, ad valorem taxes, utility billing charges, pole
attachment fees, inspection fees and assessments for recovery of costs incurred by the City.
The City hereby waives its right to impose a utility tax on Cable Services throughout the
Term of this Franchise.
.
Until Grantee installs metering or other mutually acceptable means of
determining electrical consumption, utility billing charges for Grantee power supplies shall be
based on the metered electrical consumption of Grantee's power supply, which is currently
located at 3rd and Penn Streets, multiplied times the number of Grantee's power supplies
served by the City's electric utility. The City shall only include one (1) basic customer
charge for Grantee power supplies, and all utility charges shall be billed at the current City's
electric rate, as amended. The City shall promptly adjust the Grantee's utility billing based on
any changes it makes to the number of power supplies served by the City's electric utility.
The City may adjust the utility billing, if any of the Grantee's power supply power ratings
exceed that of the power supply located at 3rd and Penn Streets.
10.2.3 In the event any quarterly payment is made after 5:00 P.M. on the date
due, Grantee shall pay a late payment charge of the greater of (A) $100 or (B) simple interest
at twelve percent (12%) annual percentage rate of the total amount past due.
10.2.4 Payment of money under this Section shall not in any way limit or
impair any of the privileges or regulatory, condemnation, or police powers of the City,
whether under this Franchise or otherwise. No acceptance of any payment shall be construed,
as an accord that the amount paid is the correct amount, nor shall such acceptance be
construed as a release of any claim which the City may have for additional sums payable
under the provisions of this Section.
.
10.2.5 Grantee shall file annually with the City Manager, no later than one
hundred twenty (120) days after the end of the Grantee's fiscal year, a statement of Gross
Revenue within the Franchise Area for that year pursuant to this Franchise. This statement
91
- 33 .
shall present a detailed classification of Gross Revenue for the year in a reasonable form .
agreed to by the City and Grantee.
10.2.6 City's Franchise Renewal Costs. Upon acceptance of this Franchise,
the Grantee shall make payment in accordance with Subsection 3.2. of Grantee's existing
franchise with the City, which franchise was superceded by this Ordinance. Such payment
shall not be deductible from or considered to be in lieu of Franchise fees under this
Ordinance.
10.2.7 Any transaction or arrangement which has the intent of circumventing
payment of required Franchise fees and/or evasion of payment of Franchise fees by
non-collection, non-reporting of Gross Revenue, bartering, or any other means which evade
the actual collection of revenues by Grantee for services delivered over the Cable System is
prohibited.
10.3 Bond
10.3.3 The rights reserved to the City with respect to the bond are in addition
to all other rights of the City, whether reserved by this Ordinance or authorized by law and no
action, proceeding or exercise of a right with respect to such bond shall affect the City's rights
to demand full and faithful performance under this Franchise or limit Grantee's liability for
damages.
10.4 Insurance. Subject to Grantee's right to maintain reasonable deductibles in
such amounts as are approved by the City Manager, Grantee shall obtain and maintain in full
force and effect for the duration of this Franchise, at Grantee's sole expense, insurance
coverage in the following type and minimum amounts:
(1) Comprehensive general liability insurance with limits not less than:
(a) Two million dollars ($2,000,000.00) for bodily injury or death
to each person;
(b) One million dollars ($1,000,000.00) for property damage
resulting from anyone (a) accident; and
(c) One million dollars ($1,000,000.00) for all other types of .
liability.
92
- 34-
.
(2)
Automobile liability for owned, non-owned and hired vehicles with a
limit of one million dollars ($1,000,000.00) for each person and one
million dollars ($1,000,000.00) for each accident.
Worker's compensation within statutory limits and employer's liability
insurance with limits of not less than one million dollars
($1,000,000.00).
Comprehensive form premises-operations, explosions and collapse
hazard, underground hazard and products completed hazard with limits
of not less than one million dollars ($1,000,000.00).
Libel and slander Copyright violations with limits not less than one
million dollars ($ 1,000,000.00) per occurrence or its equivalent.
(3)
(4)
(5)
10.4.2 The City shall be named as an additional insured on said policies, and
the Grantee shall furnish a certificate of insurance as part of its acceptance of this Franchise as
required by Subsection3.2 herein.
10.5 Indemnity
10.5.1 Grantee shall be responsible to the City for all damages, costs, losses or
expenses for the repair, replacement, or restoration of City's property, equipment, materials,
structures and facilities if and to the extent damaged, destroyed or found to be defective as a
result of Grantee's negligence, willful misconduct, or strict liability.
.
10.5.2 Grantee, for itself and its agents, employees, directors, officers,
subcontractors, and the agents and employees of said subcontractors, shall defend, indemnify,
and hold the City, its successors, assigns, officers, employees and elected officials harmless
from and against any and all claims, demands, suits, causes of action, and judgments for: (A)
damage to or loss of the property of any person (including, but not limited to Grantee, its
agents, officers, employees, directors and subcontractors, City's agents, officers and
employees, and third parties); and/or (B) death, bodily injury, illness, disease, worker's
compensation, loss of services, or loss of income or wages to any person (including but not
limited to the agents, officers and employees of Grantee, Grantee's subcontractors and City,
and third parties), if and to the extent arising out of, or resulting from the negligence, willful
misconduct or strict liability of Grantee, its agents, employees, and/or subcontractors, in the
performance of all activities and services pursuant to this Franchise.
10.5.3 In the event that any claim or loss is found by a court of competent
jurisdiction or administrative tribunal to be caused by the concurrent fault of both Grantee and
City, then each party shall be responsible to the extent found by such court or administrative
tribunal.
.
10.5.4 Grantee shall use its commercially reasonable efforts to ensure that the
terms of each contract awarded by Grantee for activities pursuant to this Franchise shall
contain indemnity and insurance provisions whereby the contractor shall indemnify City and
provide insurance coverage to the same extent as described above.
93 _ 35-
10.5.5 The City shall be responsible to the Grantee for all damages, costs,
losses or expenses for the repair, replacement, or restoration of Grantee's property, .
equipment, materials, structures and facilities if and to the extent damaged, destroyed or
found to be defective as a result of the City's negligence, willful conduct, or strict liability.
10.5.6 The City, for itself and its agents, employees, directors, officers,
elected officials, subcontractors, and the agents and employees of said subcontractors, shall
defend, indemnify, and hold Grantee, its successors, assigns, officers, employees, directors,
agents, affiliates and subcontractors harmless from and against any and all claims, demands,
suits, causes of action, and judgments for: (A) damage to or loss of the property of any person
(including, but not limited to the City, its agents, officers, employees and subcontractors,
City's agents, officers and employees, and third parties); and/or (B) death, bodily injury,
illness, disease, worker's compensation, loss of services, or loss of income or wages to any
person (including but not limited to the agents, officers and employees of the City, City's
subcontractors and City, and third parties); and/or (C) claims arising out of the City's use of
Access Channels under this Franchise; if and to the extent arising out of or resulting from
negligence, willful misconduct or strict liability of the City, its agents, employees, directors,
officers, elected officials and/or subcontractors.
10.5.7 Either party shall give the other party prompt written notice of any
claims or suits. Either party shall, at its sole cost and expense, have the right to investigate
and defend same to the extent of its own interests.
10.6 Audits
.
10.6.1 The City reserves the right to conduct financial audits, at the Grantee's
offices during normal business hours and upon thirty (30) days written notice to inspect and
audit the Grantee's records showing the Gross Revenue from which its Franchise fee
payments are computed. Any such inspection or audit shall take place within thirty-six (36)
months following the respective calendar year and/or records thereof in question. In the event
an audit results in a determination that Grantee has underpaid any Franchise fee arising under
this Franchise by five percent (5%) or more, Grantee shall reimburse the City for the
reasonable costs of the audit.
10.6.2 Grantee shall pay the City any amounts which,any audit indicates are
underpaid, and City shall pay to Grantee any amounts which any audit indicates are overpaid.
Any such payments are to be made within thirty (30) days of final determination.
10.6.3 Upon written request and during normal business hours, the City
reserves the right to perform other audits, at its sole cost and expense, and with a
representative of Grantee present, for Franchise compliance purposes.
Section 11 - Reportine ReQuirements.
11.1 Reports. Within forty-five (45) days of the City's written request, Grantee.
shall file a report addressing the City's comments or concerns with respect to Grantee's
operations under this Franchise.
94 _ 36 _
.
11.2 Books and Records. At its sole cost and expense and upon written notice to
Grantee, the City may review such of Grantee's books and records, at Grantee's office serving
the Franchise Area, during normal business hours and on a non-disruptive basis, as are
reasonably necessary to monitor compliance with the terms hereof. Such records may include
records required to be kept by Grantee pursuant to the rules and regulations of the FCC, and
financial and other supporting information underlying reports pertaining to the Franchise Fee.
11.3 Filings. FCC Filings. Upon prior written request, the City shall have the right
to inspect and copy all filings related to this Franchise it makes with State and Federal
agencIes.
11.4 Confidentiality of Information. The City will maintain confidentiality of any
and all information provided or made available by Grantee to the extent permitted by law
when Grantee has notified the City of the confidential nature of the information.
Section 12 - Re2ulatorv Provisions.
12.1 Transfer of Ownership and Control
.
12.1.1 Neither this Franchise, nor any of the City's I-Net exclusive rights, held
by Grantee for use under this Franchise, which are in the Public Rights-of-Way, nor any rights
or privileges of Grantee under this Franchise, either separately or collectively, shall be sold,
resold, assigned, transferred or conveyed by Grantee to any other person, firm, or entity,
without the prior written consent of the City. Such approval shall not be unreasonably
withheld or delayed; provided, however, such approval is not required in the event Grantee
sells or otherwise transfers and assigns the Franchise to (i) an Affiliate, and/or (ii) Grantee's
lender(s), from time to time, for security purposes.
12.1.2 Except as set forth in Subsection 12.1.1, should the Grantee sell, assign,
transfer, conveyor otherwise dispose of any of its rights or interests under this Franchise,
without the City's prior consent, the. City may revoke this Franchise for default, in which
event all rights and interest of the Grantee shall cease. Any transfer in violation of this Section
shall be null and void and unenforceable.
12.2 Forfeiture and Termination.
12.2.1 In addition to all other rights and powers retained by the City under this
Franchise or otherwise, the City reserves the right to forfeit and terminate this Franchise and
all rights and privileges of Grantee hereunder in the event of a material breach of its terms and
conditions, after informal and cooperative efforts have failed, followed by the City's
reasonable notice and Grantee opportunity to cure, as provided in Subsection 12.3.
.
12.2.2 A violation of this Franchise shall not constitute a material breach if the
violation occurs without the fault of Grantee or occurs as a result of circumstances beyond its
commercially reasonable control. Grantee shall not be excused from performance of any of its
95 _ 37 _
I-
I
obligations under this Franchise by mere economic hardship, nor misfeasance or malfeasance .
of its directors, officers or employees.
12.2.3 A termination shall be declared only by a written decision of the City
Council, by ordinance, resolution or motion, after an appropriate public proceeding before the
City Council, which shall accord the Grantee due process and full opportunity to be heard and
to respond to any notice of grounds to terminate. All notice requirements shall be met by
providing the Grantee at least forty five (45) days prior written notice of any public
proceeding concerning the proposed termination of this Franchise. Such notice shall state the
grounds with particularity for termination alleged by City.
12.2.4 The City Council, upon finding the existence of grounds to terminate,
may either declare this Franchise terminated or excuse such grounds upon a showing by the
Grantee of mitigating circumstances or good cause for the existence of such grounds.
12.2.5 Neither Grantee's acceptance of this Franchise, Grantee's appearance
before the City Council concerning proposed termination of this Franchise, nor any action
taken by the City Council as a result of any such process, including a declaration of
termination or a finding of grounds to terminate, shall be construed to waive or otherwise
affect the Grantee's right to seek judicial determination of the rights and responsibilities of the
parties under this Franchise.
12.3 Violations
.
12.3.1 The procedures shown in Exhibit D and as described below shall apply.
If the City has reason to believe that Grantee is in violation of this Franchise, after informal
and cooperative efforts have failed after two (2) meetings or ten (10) business days,
whichever occurred first, the City Manager shall notify Grantee in writing of the violation
setting forth with particularity the nature of such violation. Within thirty (30) days of Grantee
receipt of such notice, or such longer period specified by the City Manager, Grantee shall
respond in writing that the violation has been cured, provide a cure plan or schedule that
reasonably satisfies the City Manager, provide explanations in refutation or excuse with
documentation to support that an alleged violation did not occur, refute the City's denial of
Grantee's cure plan, or refute the City's denial of an additional time period to complete the
cure plan. The City shall act on the Grantee's cure plan, if any, within thirty (30) days of City
receipt of such plan. The City shall provide written acceptance or denial of Grantee's cure
plan, which acceptance shall not be unreasonably withheld or delayed.
12.3.2 Notwithstanding Subsection 12.3.1 above, Grantee shall be allowed
thirty (30) days to cure violations after written notice per Subsection 12.3.1 is received from
the City, by taking appropriate steps to comply with the terms of this Franchise and any other
applicable lawful regulations. If the nature of the violation is such that it cannot be fully cured
within 30 days due to circumstances not under Grantee's commercially reasonable control, the
period of time in which Grantee must cure the violation shall be extended by the City
Manager in writing for such additional time reasonably necessary to complete the cure, .
provided that (1) Grantee shall have promptly commenced to cure, and (2) Grantee is
diligently pursuing its efforts to cure in the City Manager's reasonable judgment.
96 _ 38 .
1--
.
12.3.3 If the violation has not been cured within the time allowed under
Subsection 12.3.2 above, then Grantee shall be liable for liquidated damages for the following
violations:
(1)
(2)
(3)
(4)
.
(5)
(6)
Failure to provide and maintain requested Cable Service to any
household within the Franchise Area as required by this
Franchise: $0.15' per day per affected household; provided,
however, in no event shall the aggregate amount for all such
violations exceed $5,000.00 per year.
Failure to promptly provide bonds, insurance or reports,
records, filings or other data to the City, in accordance with
Sections 10 and 11: $100.00 dollars per day; provided,
however, in no event shall the aggregate amount for all such
violations exceed $5,000.00 per year.
Failure to provide resources and an Access Channel in strict
compliance with Sections 6 and 7: $100.00 dollars per day;
provided, however, in no event shall the aggregate amount for
all such violations exceed $5,000.00 per year.
Failure to comply with lawful City requirements concerning
construction iri the Public Rights-of-Way: $100.00 dollars per
day; provided, however, in no event shall the aggregate amount
for all such violations exceed $5,000.00 per year.
Failure to comply with a material requirement of Section 8:
$100.00 per day; provided, however, in no event shall the
aggregate amount for all such violations exceed $5,000.00 per
year.
Failure to comply with Subsection 4.2.1 (1-2): the Term of this
Franchise shall be reduced from fifteen (15) years to five (5)
years.
12.3.4 Grantee agrees that each of the foregoing failures shall result in
injuries to the City and its citizens and institutions, the compensation for which would be
difficult to ascertain and to prove. Accordingly Grantee agrees that the foregoing amounts
and reduced Franchise Term are liquidated damages, not a penalty or forfeiture, and are
within one or more exclusions to the term "franchise fee" provided by federal law at 47
D.S.C. 542 (g) (2) (A-D) and therefore in no way part of the compensation paid to the City
pursuant to Section 10 herein.
12.3.5 If Grantee fails to make full and complete liquidated damage payments
as required by this Franchise within ten (10) business days after receipt of written notice from
the City Manager, then the City Manager may immediately take steps to withdraw without
further notice to Grantee the amount thereof from the bond maintained in accordance with
Subsection 10.3, except as subject to Subsection 12.3.6 below. Liquidated damages shall
accrue from whichever applies among the following: (1) thirty (30) days after City notice per
Subsection 12.3.1, if no cure plan is submitted; (2) on the date of City denial of the Grantee's
cure plan; (3) the date of the City accepted cure plan completion date; or (4) the date of the
.
97
.39 -
determination by the administrative hearing judge provided under Subsection 12.3.6, that.
either (a) there was a violation; or (b) the cure plan was not unreasonably denied.
12.3.6 Notwithstanding any other provision of this Franchise, upon Grantee's
request, Grantee shall be afforded an opportunity to (i) refute that a violation has not occurred,
(ii) refute the City's denial of Grantee's cure plan, (iii) refute the City's denial of an additional
time period to complete the cure plan, and the City Manager may not act under Subsection
12.3.5 until the administrative hearing, as provided for herein, is concluded and a
determination has been made as to whether a violation has occurred. This opportunity shall
consist of an administrative hearing upon thirty (30) days' written notice before an impartial
hearing examiner jointly designated by the City Attorney and Grantee within thirty (30) days
of Grantee's request. The Grantee waives its right to request an administrative hearing if it
fails to respond in writing in accordance with Subsection 12.3.1.
12.3.7 If as a result of the administrative hearing, the hearing examiner
determines that a violation has not occurred, the City shall pay all of the expenses related to
the administrative hearing. If a violation has occurred, Grantee shall pay the expenses. After
the conclusion of the administrative hearing either party may seek any and all remedies that it
may have at law.
12.3.8 Upon evidence being received by the City that violations of this
Franchise or any ordinances lawfully regulating Grantee in the construction and operation of.
its Cable System have occurred, or continue to occur after the thirty (30) day cure period, and.
any additional time necessary to cure, as allowed under Subsection 12.3.2, the City may cause
an investigation to be made. If the City reasonably finds that such a violation continues to
exist or has occurred, then the City or Grantee may take any action authorized by law,
including forfeiture of this Franchise and a suit in court to compel compliance. In any such
proceeding the non substantially-prevailing party shall be required to pay the reasonable
expenses incurred by the substantially prevailing party in such suit and all damages and costs
(including attorney fees), but Grantee may be allowed, either by the court in the judgment of
forfeiture or by order of the City Council, a reasonable time thereafter, as fixed by such
judgment or order, to correct the default and pay such expenses, damages and costs as it may
be adjudged to pay, and if Grantee does so correct and so pay within such time, forfeiture
shall not become effective nor be enforced.
12.3.9 Failure by the City or the Grantee to enforce any rights under this
Franchise does not constitute a waiver of such rights.
12.4 Forfeiture and Termination by Grantee.
12.4.1 No earlier than 36 months from the Effective Date of this Franchise,
unless the City has materially broken Subsection 8.11.2, the Grantee reserves the right to
forfeit and terminate this Franchise in the event (i) of a material breach of the terms and
conditions o( this Franchise by the City, after informal and cooperative efforts have failed,
followed by the Grantee's reasonable notice and City opportunity to cure, as provided in .
Subsection 12.5 or (ii) that Grantee's average monthly Penetration Level falls below fifty
percent (50%) for any consecutive six (6) month period.
98 _ 40 _
.
12.4.2 A violation of this Franchise by the City shall not constitute a material
breach if the violation occurs without the fault of the City or occurs as a result of
circumstances beyond its commercially reasonable. control. The City shall not be excused
from performance of any of its obligations under this Franchise by mere economic hardship,
nor misfeasance or malfeasance of its directors, officers or employees.
12.4.3 A termination shall be declared by the Grantee only by a written notice
to the City Manager delivered not less than nine (9) months prior to such termination. Such
notice shall state the grounds with particularity for termination alleged by Grantee. The
Grantee's termination notice to the City Manager shall include the following:
(1)
(2)
.
(3)
City Right to Purchase. If Grantee terminates or forfeits this
Franchise, or in the event of a denial of a renewal of this Franchise,
then the City shall have the right to purchase such portion of the
Grantee's Cable System as is located in the Franchise Area. The City
Council may exercise this right by delivering written notice to
Grantee of the City's decision to purchase Grantee's System within
ninety (90) days after the Grantee's forfeiture or termination notice to
the City Manager.
Cable System Valuation. The value of Grantee's Cable System shall
be determined in accordance with 47 D.S.C. S 547(a)(1) as though
renewal of the Franchise were denied.
Removal of Cable System. If the City elects not to purchase
Grantee's Cable System pursuant to Subsection 12.4.3(1) then
Grantee shall, upon notice by the City Manager, remove at Grantee's
own expense all portions of Grantee's Cable System designated by
the City Manager to be removed from all Rights-of-Way and other
public property within the City. If Grantee fails to do so, then the
City may perform such work at Grantee's expense. Any portion of
Grantee's Cable System not removed within twelve (12) months of
termination of the Franchise shall be considered abandoned and shall
become the City's property.
12.4.4 Nothing in this Section 12.4 shall be construed to waive or otherwise
affect the City's right to seek judicial determination of the rights and responsibilities of the
parties under this Franchise.
12.5 Violations of Section 8 by the City
12.5.1 If the Grantee has reason to believe that the City is in violation of
Section 8 or Subsections 3.1.1, 4.5.1, or 4.5.2 of this Franchise, after informal and
cooperative efforts have failed after two (2) meetings or ten (10) days, whichever occurred
first, the Grantee shall notify the City Manager in writing of the violation setting forth with
particularity the nature of such violation. Within thirty (30) days of the City Manager's receipt
of such notice, or such longer period specified by the Grantee, the City Manager shall respond
in writing that the violation has been cured, provide a cure plan or schedule that reasonably
satisfies the Grantee, provide explanations in refutation or excuse with documentation to
.
99 _ 41 _
support that an alleged violation did not occur, refute the Grantee's denial of the City's cure .
plan, or refute the Grantee's denial of an additional time period to complete the cure plan.
The Grantee shall act on the City's cure plan, if any, within thirty (30) days of Grantee's
receipt of such plan. The Grantee shall provide written acceptance or denial ofthe City's cure
plan, which acceptance shall not be unreasonably withheld or delayed.
12.5.2 Notwithstanding Subsection 12.5.1 above, the City shall be allowed
thirty (30) days to cure a violation of Section 8 or Subsections 3.1.1, 4.5.1, or 4.5.2 after
written notice per Subsection 12.5.1 is received from the Grantee, by taking appropriate steps
to comply with the terms of this Franchise and any other applicable lawful regulations. If the
nature of the violation is such that it cannot be fully cured within 30 days due to
circumstances not under the City's commercially reasonable control, the period of time in
which the City must cure the violation shall be extended by the Grantee in writing for such
additional time reasonably necessary to complete the cure, provided that (1) the City shall
have promptly commenced to cure, and (2) the City is diligently pursuing its efforts to cure in
the Grantee's reasonable judgment.
12.5.3 Notwithstanding any other provision of this Franchise, upon the City
Manager's request, the City shall be afforded an opportunity to (i) refute that a violation has
not occurred, (ii) refute the Grantee's denial of the City's cure plan, (iii) refute the Grantee's
denial of an additional time period to complete the cure plan, and the Grantee may not act to
forfeit and terminate this Franchise until the administrative hearing, as provided for herein, is
concluded and a determination has been made as to whether a violation has occurred. This
opportunity shall consist of an administrative hearing upon thirty (30) days' written notice .
before an impartial hearing examiner jointly designated by the City Attorney and Grantee
within thirty (30) days of the Grantee's request. The City waives its right to request an
administrative hearing ifit fails to respond in writing in accordance with Subsection 12.5.1.
12.5.4 If, as a result of the administrative hearing, the hearing examiner
determines that a violation of Section 8 or Subsections 3.1.1, 4.5.1, or 4.5.2 has not occurred,
the Grantee shall pay all of the expenses related to the administrative hearing. If a violation
has occurred, the City shall pay the expenses. After the conclusion of the administrative
hearing either party may seek any and all remedies that it may have at law.
12.5.5 Upon evidence being received by the Grantee that violations of Section
8 or Subsections 3.1.1, 4.5.1, or 4.5.2 of this Franchise by the City have occurred, or continue
to occur after the thirty (30) day cure period, and any additional time necessary to cure, as
allowed under Subsection 12.5.2, the Grantee may cause an investigation to be made. If the
Grantee reasonably finds that such a violation continues to exist or has occurred, then the City
or Grantee may take any action authorized by law, including forfeiture of this Franchise and a
suit in court to compel compliance. In any such proceeding the non substantially-prevailing
party shall be required to pay the reasonable expenses incurred by the substantially prevailing
party in such suit and all damages and costs (including attorney fees), but the City may be
allowed, by the court in the judgment of forfeiture, a reasonable time thereafter, as fixed by
such judgment, to correct the default and pay such expenses, damages and costs as it may be
adjudged to pay, and if the City does so correct and so pay within such time, forfeiture shall .
not become effective nor be enforced.
1 00 . 42 _
.
12.6 Governing Law. This Franchise is subject to the provlSlons of the
Constitution and laws of the United States of America and the State of Washington.
12.7 Force Majeure. The term "Force Majeure" shall mean delays due to acts of
God, war, civil disturbances, fire, unavoidable casualty, construction delays due to weather,
failure of supplier(s), or other similar causes beyond the commercially reasonable control of
Grantee. The time within which Grantee shall be required to perform any act under the
Franchise shall be extended by a period of time equal to the number of days performance is
delayed due to a Force Majeure. Grantee shall not be subject to any penalty hereunder
because of acts or failure to act due to Force Majeure.
12.8 Severability And Preemption.
.
12.8.1 Except as provided in Subsection 12.8.2, if any section, subsection,
sentence, clause, phrase, term, provision, condition, covenant or portion of this Franchise is
for any reason held invalid or unenforceable by any court of competent jurisdiction, or
superseded by state or federal legislation, rules, regulations or decision, the remainder of this
Franchise shall not be affected thereby but shall be deemed as a separate, distinct and
independent provision, and such holding shall not affect the validity of the remaining portions
hereof, and each remaining section, subsection sentence, clause, phrase, provision, condition,
covenant and portion of this Franchise shall be valid and enforceable to the fullest extent
permitted by law.
12.8.2 If any material provision of this Franchise is for any reason held
invalid or unenforceable by any court of competent jurisdiction, or superseded by state or
federal law, rules, regulations or decision so that the intent of these provisions is frustrated,
the parties agree to immediately negotiate a replacement provision to fulfill the purpose and
intent of the superseded provisions consistent with applicable law.
12.8.3 In the event that federal or state laws, rules or regulations preempt a
provision or limit the enforceability of a provision of this Franchise, then the provision shall
be read to be preempted to the extent and for the time required by law. In the event such
federal or state law, rule or regulation is subsequently repealed, rescinded, amended or
otherwise changed so that the provision hereof that had been preempted is no longer
preempted, such provision shall thereupon return to full force and effect, and shall thereafter
be binding on the parties hereto, without the requirement of further action on the part of the
City, and any amendments to this Franchise negotiated pursuant to Subsection 12.8.2 as a
result of such provision being preempted shall no longer be of any force or effect.
Section 13 - Miscellaneous Provisions.
13.1 Notices
.
13.1.1 All notices from Grantee to the City pursuant to this Franchise shall be
directed to the City Manager at City Hall, 321 East Fifth Street, P.O. Box 1150, Port Angeles,
W A 99362-0217, or to such officer as designated by the City Manager.
101 -43-
13.1.2 All notices to Grantee pursuant to this Franchise shall be directed to the .
Legal Department at 1201 Third Avenue, Suite 3600, Seattle, WA 98101, with a copy to the
System Manager at 725 East First Street, Port Angeles, W A 98362. Grantee shall maintain
within the City throughout the term of this Franchise an address for service of notices by mail.
Grantee shall also maintain within the City of Port Angeles a local telephone number
operational during normal business hours for the conduct of matters related to this Franchise.
Any change in address or telephone number shall be furnished to the City ten (10) days prior
to the change.
13.2 Entire Agreement. This Franchise contains all of the agreements of the
parties with respect to any matter covered or mentioned in this Franchise and no prior or
contemporaneous agreements or understandings pertaining to any such matters shall be
effective for any purpose. No provision of this Franchise may be amended or added to except
by agreement in writing signed by both of the parties.
13.3 Repeal of Prior Ordinances. Cable Franchise Ordinance No. 2470 is hereby
repealed and is no longer in force and effect, effective as of the Effective Date.
13.4 Attorney's Fees. If any suit or other action is instituted in connection with
any controversy arising under this Franchise, the substantially prevailing party shall be
entitled to recover all of its costs and expenses including such sum as the Court may judge
reasonable for attorney's fees, including fees upon appeal of any judgment or ruling.
.
13.5 Time is of the Essence. Time is of the essence of this Franchise and each and
all of its provisions in which performance is a factor.
13.6 Remedies are Cumulative. Any remedies provided for under the terms of this
Franchise are not intended to be exclusive but shall be cumulative with all other remedies
available to the City and Grantee at law, in equity, or by statute.
13.7 Equal Protection. In the event the City enters into a franchise, permit,
license, authorization, or other agreement of any kind with any other person or entity other
than the Grantee to enter into the City's streets and public rights-of-way for the purpose of
constructing or operating a Cable System or providing Cable Service to any part of the
Service Area, the material provisions thereof shall be no more favorable or less burdensome
to those contained herein, in order that one operator not be granted an unfair competitive
advantage over another, and to provide all parties equal protection under the law.
13.8 Franchise Governs. All terms, conditions and provisions of this Franchise
shall prevail over conflicting or inconsistent provisions of any City Requirement.
Section 14 - Effective Date. This Ordinance shall take effect five days following the
date of its publication by summary.
.
1 02 . 44 .
.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the _ day of May, 2002.
Mayor
APPROVED AS TO FORM:
ATTEST:
Craig D. Knutson, City Attorney
Becky J. Upton, City Clerk
.
EXHIBITS
Exhibit A - Acceptance of Franchise Verbatim Form
Exhibit B - Grantee Furnished Connections to Community Facilities
Exhibit C - Northland Fiber Upgrade Plan and Node Areas
Exhibit D - Franchise Violation Procedure
.
1 03 _ 45 _
.
Exhibit A - Acceptance Of Franchise Verbatim Form
In accordance with Section 3.2, the Grantee hereby submits this acceptance of the Franchise and all terms
and conditions thereof to the City at the Clerk's Office. The Grantee hereby certifies that the undersigned
is a duly authorized officer of the Grantee with the authority to execute acceptance of this Franchise.
Attached herewith are the following documents in accordance with the requirements of the Franchise:
1. A bond in accordance with Section 10.3.
2. A certificate of insurance in accordance with Section 1004.
3. Payment ofthe City's expenses in accordance with Section 3.2.
ACCEPTED BY NORTHLAND CABLE TELEVISION
.
Date:
,2002.
Name and title
.
1 04 _ 46 _
.
Exhibit B - Grantee Furnished Connections To Community Facilities
.
CATV drops I-Net Drops
Map City Municipal
ID Facilities Address initial future initial future Node
City Hall (includes sites
8. below) 321 E 5th Street 1 1 1
8. P A Police Department . 1 incl
8. Dispatch 9 I I 1 incl
Vern Burton
166 Community Center 308 E 4th Street 1 1
10. Fire Station 102 E 5th St 1 1
69. Senior Center 328 E 7th St 1 1 ...
72. Carnegie Library 205 S Lincoln St 1 1
73. Fine Arts Center 1203 E Lauridsen 1 1
75. William Shore Pool 225 E 5th St 1 1
86. Parks Maintenance 16th St F St 1
87. Cemetery-Office 3127 W 18th St 1 1
65. Civic Field 307 S Race St 1 1
Lincoln Park
70. Fairgrounds 1 1
71. Veterans Memorial 215 S Lincoln St 1 1
76. Crown Park 1901 W 4th St 1 1
77. Erickson Park 302 S Race St 1 1
78. Lion's Park 600 Whidbev 1 1
79. Rains Park 915 E 8th St 1 1
80. Shane Park 613 S G St 1 1
82. Harbor View Park Ediz Hook 1 1
83. Wolverton Park AIB 11/10 AIlev 1 1
85. Brnx Track 1521 W Lauridsen 1 1
132. Volunteer Park 16th andL 1 1
City & State CATV droos I-Net Drops
Map (WSDOT) Traffic
ID Sil!nals Address initial future initial future Node
92. TI Front St Laurel St n/a 1
93. T2 1st St Laurel St n/a 1
94. T3 Front St Oak St n/a 1
95. T4 1 st St Oak St n/a 1
96. T5 8th St Race St n/a 1
97. T6 5th St Race St n/a 1
Lauridsen
98. T7 Blvd Race St n/a 1
99. T8 5th St Peabody St n/a 1
100. T9 8th 8t Race St n/a 1
101. T10 8th St Cherry St n/a 1
102. T11 (WSDOT) 8th St Lincoln St n/a 1
.
192~
City & State CATV drops I-Net Drops
Map (WSDOT) Traffic
ID Si2nals continuation Address initial future initial future Node
103. TI2 (WSDOT) 5th St Lincoln St n/a 1
104. TI3 (WSDOT) 1 st St Lincoln St nla 1
105. TI4 (WSDOT) Front St Lincoln St nla 1
106. TI5 (WSDOT) 1 st St Peabody St nla 1
107. TI6 (WSDOT) Front St Race St nla 1
108. TI7fWSDOT) 1st St Race St nla 1
109. TI8 (WSDOT) Front St Ennis St nla 1
110. T19 (WSDOT) 1 st St Ennis St nla 1
Golf Course
Ill. T20 (WSDOT) Hwv 101 Rd nla 1
112. T21 (WSDOT) HWV 101 Del Guzzi Dr nla 1
Tumwater
113. T22 (WSDOT) Marine Dr Route nla 1
114. T23 (WSDOT) 14th St Lincoln St n/a 1
CATV drops I-Net Drops
Map City Utility Systems
ID Facilities Address initial future initial future Node
54. Landfill 3501 W 18th 1 I
55. Corp Yard 1703 S B St 1 I I
56. Light Ops 240 W Front I I
Wastewater Treatment
57. Plant 1509 Columbia 1 1
11. Ranney Well Elwha River nla 1
12. E S1. Reservoir 1016 S E St n/a 1
13. Jones S1. Reservoir 1200 E 9th St n/a 1
Black Diamond
14. Reservoir Black Diamond Rd nla 1
Peabody Heights
15. Reservoir 600 Viewcrest nla 1
16. Mill Creek Reservoir 600 Viewcrest nla 1
17. Spruce Booster Station 1000 Spruce St nla 1
18. Scrivner Pump 300 E Scrivner n/a 1
Mill Creek Pump
19. Station 600 Viewcrest n/a 1
McDougal Booster
20. Pump 3500 McDougal n/a 1
21. Jones S1. Pump Station 1200 E 9th St nla 1
Jones S1. Emergency
22. Pump Station 1200 E 9th St n/a 1
23. Water S1. Pump Station Water St n/a 1
29. Pump Station # 1 5th St & N St nla 1
30. Pump Station #7 W 19th St nla 1 1
31. Pump Station # 1 0 1829.5 W 12thst nla 1
32. Pump Station #3 Marine & Hill n/a 1
lq~
.
.
.
.
.
.
CATV drops I-Net Drops
Map City Utility Systems
ID Facilities continuation Address initial future ini tial future Node
33. Pump Station #8 HSt& 14th n/a 1
34. Pump Station #4 313 Marine Drive n/a 1
35. Pump Station #2 1/2 Alley & Cherry n/a I
36. Pump Station #5 219 E 2nd St n/a I
37. Pump Station #9 Del Guzzi Dr. n/a I
38. Pump Station #6 933 Church St n/a I
39. Peabody Substation 2803 S Peabody n/a I
40. Race Substation n/a I
41. Albert Substation n/a I
42. Laurel Substation 110 E 14th St nla 1
43. Washington Substation 224 S Washington nla 1 I
44. College Substation 1306 E Park St nla 1
45. Valley Substation 206 S Valley St nla I
46. A Street Substation 1616 SA St nla I
47. F Street Substation 1604 SF St n/a I
48. I Street Substation 1538 W 7th St n/a I
49. CSO PS I 5th St & N St n/a I
Railroad
50. CSO RR/Oak Ave & Oak St nla I
Railroad
51. CSO RRlLaurel Ave & Laurel St n/a I
52. CSO Lincoln Lincoln & 2nd St n/a .1
53. CSO Francis Francis St & Caroline St n/a 1
Elwha Emergency S Milwaukie
88. Valve 2700 Dr nla I
89. PUD Intertie Baker St. nla I
90. PUD Intertie Monroe St. nla 1 1
Map CATV drops I-Net Drops
ID Clallam County Address initial future initial future Node
County Courthouse
9. (includes sites below) 223 E4th St 1 1
Health And Human
9. Services 1
9. Sheriff 1
126. Fairgrounds 1608 W 18th St I I
127. Juvenile Services 1912 W 18th 1 I
W Lauridsen
128. Maintenance Shops 1033 Blvd I I
Child Support
129. Enforcement 421 E 5th Ave 1 I
163. Hospice 540 E 8th St 1 I
Drug Task Force (site
56 56) 240 W Front 1
lQl
CATV drops I-Net Drops
Map Port Angeles
ID Educational Address initial future initial future Node
1. Jefferson School 218 E 12th St 1 1
Lauridsen
4. Peninsula College 1502 Blvd 1 1
5. Monroe School 102 Monroe Rd I 1
Roosevelt Middle 1
6. School 106 Monroe Rd 1
59. Hamilton School 1822 W 7th St 1 1
North Olympic Library
66. System 2210 S Peabody St 1 1 1
160. Marine Lab 315 N Lincoln St 1 1
162. Bus Garage 639 Monroe Rd 1 1
2. P .A. High School 304 E Park Ave 1 1
S Washington
3. Franklin School 2505 St 1 1
60. Stevens Middle School 1139 W 14th St 1 1
151. The Choice 924 W 9th St 1 1
153. Central Services 216 E 4th St 1 1
154. Dry Creek School 25 Rife Rd 1 1
167. Fairview 166 Lake Farm Rd 1 1
CATV drops I-Net Drops
Map
ID Health Care Address initial future ini tial future Node
Olympic Memorial
7. Hospital 1005 Georgiana St 1 1
Olympic Medical
156. Center 920 Caroline St 1 1
Olympic Medical
168. Center - MRI 1102 E Front St 1
PCMH - Children's
157. Center 1004 W 16th St 1 1
PCMH - Second Street
158. House 138 W 2nd St 1 1
PCMH - Horizon
159. Center 205 E 5th St 1 1
Olympic Medical
164. Center 939 Carolina 1 1
169. Virginia Mason 433 E 8th St 1
170. Virginia Mason 813 E 8th St 1
171. Virginia Mason 912 Caroline St 1
172. Virginia Mason 923 Georgiana St 1
lq~
.
.
.
May 21,2003
To: Mayor Wiggins and City Council
Proposed Cable Television Franchise Ordinance - Revisions Since 5/14/02 UACMeeting
Page 17
6.3.1 Grantee agrees to use its commercially reasonable efforts to air a minimum of
twenty (20) hours per month of locally produced Programming, if and to the extent
available, as part of the Programming required by Subsections 6.2.1. and 6.22. Local
pr02rammin2 and locally produced pr02rammin2 shall be considered Pr02rammin2
that is produced within the Franchise Area and is not Governmental or Educational
Access pr02rammin2.
Page 20
7.8 Video Feeds. Grantee currently provides video feeds from City Hall and
Peninsula Community College. Within ninety (90) days of a written request by the City
Manager, Grantee shall install for the City's use and at no cost to the City, upstream video
feeds from one additional location designated by the City, provided such location is
within Franchise Area, located within 150 aerial feet of Grantee's upgraded Cable
System, and is situated alon2 Ri2hts-of-Wav to which Grantee has reasonable access
to either Grantee's headend or other connection point capable of transmitting a video
signal. For any such location requiring underground installation, the City will pre-pay
Grantee the actual costfor)my such underground installation. Grantee shall also provide
and install, for the City's use and at no cost to the City, any equipment reasonably
necessary for the City to transmit signals via the Video Feeds, provided Grantee's total
cost for such additional location shall not exceed $1,000.
Page 23
8.1.2 Fiber Optic Infrastructure. The I-Net transmission infrastructure shall physically
consist of:
(1)
(2)
(3)
(4)
A minimum of 12 single mode fibers in the backbone in accordance with
Exhibit C. On or before October 1. 2002. the City Mana2er may notify
the Grantee in writin2 that the backbone shall include a minimum of
24 sin2le-mode fibers.
Seven (7) fiber node locations along the I-Net backbone as identified in
Exhibits "B" and "C".
The Grantee shall. allow the extension of fiber drops from the I-Net nodes
identified in Exhibits "B" and "C", to sites identified in Exhibit B, that are
situated along Rights-of-Way to which Grantee has reasonable access and
upon the request of the City shall construct such additional drops, subject
to the City's payment to Grantee of any and all costs, expenses, and fees
associated with the requested drops including a twenty (20) percent project
management fee from the City.
Each I-Net site connection shall be terminated within fifty (50) feet of
entering the applicable building at a point of demarcation in a Grantee
standard termination panel, mounted on a City furnished backboard,
unless the City, at the City's cost, provides another means of termination,
in which case the City, at the City's cost, shall provide all neces~ary
termination equipment. All terminations will use SC/ APC fiber
connectors.
,
.
0'< pORT AN
:\~~
<>",.. ~<S-
~ JiJ...... NORTHlAND
___...... w . O1BLE
~ ... .~ TELEVISION
Franchise Renewal Report
to
City Council
May 21, 2002
Executive Summary
Presentation Summary
· Franchise Acceptance
· Accepted Franchise Summary
· Broadband/Economic Development
· Public Notice and Comments
· What's Next?
JtI NORTHlAND
O1BLE
3 TELEVISION
Franchise Acceptance
Filed with City Clerk on 5/6/02
· Franchise acceptance form
· Franchise Bond
· Certificate of insurance
· Payment toward City expenses per prior
f.ranchise
5/21/02
Executive Summary
Accepted Franchise Summary
1. Subscriber needs
2. Community needs
3. Other Terms and Conditions
4. Broadband/Economic Development
Accepted Franchise Summary
1. Subscriber Needs
Key Goals Negotiated Result
· Broad programming Minor concessions
· Local programming City requirement accepted
II Channel Capacity Network Upgrade accepted
.. Discounts Will continue existing
· Cable Modem service City requirement accepted
5/21/02
Executive Summary
JtI NORTHlAND
OlBLE
m TELEVISION
Pete Grigorieff
Cable Modem Service
· Cable system used to provide broadband
Internet
· Internet service provided by local ISP's
· Headend and other equipment
· Target date
Accepted Franchise Summary
2. Community Needs
Key Goals
Negotiated Result
· Access channels
City requirement accepted
· Cable service to
community
facilities
City requirement accepted
· Emergency Alert
System
City requirement accepted
5/21/02
Executive Summary
JtI NORTHlAND
O1BLE
e TELEVISION
Mike Sturgeon
Emergency Alert System
· National emergencies
· State and local emergencies
.. Emergency operations center
.. Sequence of events
· Completion date
Accepted Franchise Summary
3. Other Terms and Conditions
Compensation Negotiated Result
· 50/0 Franchise fee City requirement accepted
.. Access contribution $12,OOO/yr for 5 yrs
.. Access support $O.OS/mo/sub
Legal
.. Violations and
liquidated damages
.. Forfeiture and
termination
.. City violations
City procedure and amounts
accepted
City procedure accepted
Added per Northland request
5/21/02
Executive Summary
Accepted Franchise Summary
3. Other Terms and Conditions
Administrative
Negotiated Result
City requirement accepted
Waived for 5 years
· Bond &. insurance
· Basic tier rate
regulation
· Subscriber service
standards
· Audits
· Reporting
Waived for 5 years
Within 36 mo of audited year
Simplified
Accepted Franchise Summary
4. Broadband/Economic Development
A. Community Telecommunications
Action Plan
B. Fiber Optic Backbone Business
Plan Review
C. Broadband/Economic
Development
5/21/02
Executive Summary
B. Fiber Optic Business Plan
Background
. Community Needs and Strong Demand
. Telecommunications Infrastructure is Capital
Intensive
. Last Mile Connections the. Greatest Expense
5/21/02
Executive Summary
B. Fiber Optic Business Plan
Economic Development Goals
. Facilitate Needed City-Wide Infrastructure
Development With the Greatest Potential for
Economic Development Success
. Respond to Needs of Business Community and
Public Institutions
. Foster Telecommunications Competition via Open
Access and Private Sector Deployment
. Prevent Development of Excessive Redundant
Infrastructure
. City development and City services as a last resort
5/21/02
Executive Summary
Accepted franchise Summary
4. Broadband/Economic Development
Key Goals
· Backbone fiber
Negotiated Result
24 fibers, for commercial
and non-commercial use
Enabled by cable modem
service
Agreement for future City
use at most favorable rate
· Residential
broadband
· Bi-directional access
to subscriber
network
Accepted franchise Summary
4. Broadband/Economic Development
Commercial I-Net fiber benefits
· Greatest economic development success potential
· Provide for business community needs
· Significant private sector investment
· Enables telecommunications competition
(open access excluding cable services)
· Part of an upgraded Northland last mile network
· Reduce overbuilding of redundant infrastructure
· City role as facilitator rather than developer
per Business Plan strategy achieved
· Eliminate need for $10m City project, and pilot
5/21/02
Executive Summary
Accepted Franchise Summary
4. Broadband/ Economic Development
Non-commercial I-Net fiber benefits
· Provides for public institutional needs
· 10-150/0 of comparable City fiber project cost
· Once in 15 yr opportunity at incremental cost
· No usage fees paid to Northland
· Worthwhile even if City is the only user
5/21/02
Northla
Fiber Upgrade and I-Net Map
Extra Fiber Option, Incremental Cost Opportunity
From 16th & C to 16th & I Streets
I
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Executive Summary
Public Notice and Comments
Public Notice
· Advertise in Peninsula Daily News, 5/7 & 5/10/02
· Copy of accepted Franchise available at
http://www.mcco.com/portangeles/index.htm
· Franchise sent to stakeholders (10), 5/6/02
Public Comments
· Clallam County
· Peninsula News Network
· Errata
What's Next?
Cable Franchise Implementation
1. Franchise management
2. Emergency alert system
3. Council chambers cablecast system
4. Institutional Network
- Backbone construction, acceptance and
payment
- I-Net advance availability (Northland,
Capacity Provisioning, Clallam County PUD,
City)
- I-Net activation and site drops
5/21/02
Executive Summary
Recommendation
City Council
· Approve the proposed cable television
franchise ordinance with Northland Cable
Television including errata
· Approve a $2,824.80 expense for the
Institutional Network fiber option
recommendation
· Cancel the fiber optic pilot project
Formal Franchise Process
· No further action, pending May 21st approval
"Very impressive franchise, pleased to see an I-Net was
negotiated. Would like to share PA's franchise as a
model sample ordinance. Hat's off to PAl"
Jim Doherty, Legal Consultant, Municipal Research &
Services Center
"In my review of both the City's cable-related community
needs report and the proposed Franchise, the Franchise
does reasonably meet those needs and, in fact, it
arguably exceeds the needs in several areas, particularly
in the broadband I-Net area. "
Clarence West, Legal Consultant, Winstead Sechrest &
Minick
"The final document now before the City is an outstanding
example of government and private business working
together for economic development and the public
interest. "
Richard Li, Metropolitan Communications Consultants
5/21/02
.
.
.
FORTAN ELES
WAS H I N G TON, U. s. A.
CITY COUNCIL MEMO
DATE: AUGUST 21,2001
To: MAYOR WIGGINS AND CITY COUNCIL
FROM: Sue Roberds, Assistant Planner
SUBJECT: MUNICIPAL ANNEXATION - ANX 02-01
Approximately 17. acres located west of the City's landfill site and east of Lower
Elwha Road
Summary: Annexation of City owned property for municipal purposes.
Recommendation: Staff recommends that the City Council move to approve the attached
ordinance annexing approximately 17 acres of City owned property. Council should cite the
attachedfindings and conclusions in support of the action.
Back2round I Analysis: Public Works and Utilities Department staff initiated the annexation
of approximately 17 acres of City owned property located west of the City's landfill and east of both
Lower Elwha Road and Dry Creek. Section 35A.14.300 RCW provides that "Legislative bodies of
code cities may by a majority vote annex territory outside the limits of such city whether contiguous
or noncontiguous for any municipal pwpose when such territory is owned by the city." The subject
property is entirely owned by the City and is intended to support municipal services in association
with the City's landfill operations.
This type of annexation does not require a public hearing nor does it require review by the Planning
Commission. Staff will be available for questions at the May 21 sl regular meeting.
Attachments: ordinance, findings, and conclusions
C:\MyFiles\FORMS\Memocc
113
.
.
.
114
.
ORDINANCE NO.
AN
ORDINANCE of the City of Port Angeles, Washington, annexing
approximately seventeen acres of property west of the City's landfill
site to the City for the purpose of providing additional area for landfill,
recreational, or other municipal activities.
WHEREAS, RCW 35A.14.300 authorizes the legislative body of Municipal Code
cities, by majority vote, to annex certain territory outside the city limits, whether contiguous or
non-contiguous, for municipal purposes; and
WHEREAS, the City Council has determined it to be in the best interest and for the
public benefit to annex two City-owned parcels consisting of approximately seventeen acres of
property lying west ofthe City's landfill site and east of Dry Creek for the municipal purpose of
providing additional area for landfill, recreational, or other municipal activities; and
.
WHEREAS, the property to be annexed is within the Clallam County urban growth
area for Port Angeles.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES,
WASHINGTON, DOES HEREBY ORDAIN as follows:
Section 1. The aforesaid findings, recitals, and determinations are hereby found to be
true and correct in all respects; all requirements of the law in regard to the annexation as per
RCW 35A.14.300 having been fully complied with.
It is further determined that the below-described property is being annexed into the
City of Port Angeles for municipal purposes, to-wit: to provide additional area for landfill,
recreational, or other municipal activities, and such annexation to be effective on and after the
.
approval, passage and publication ofthis Ordinance; and on and after said date said property shall
be and constitute a part of the City of Port Angeles and shall be subject to all its laws and
115 -1-
ordinances then and thereafter in force and effect; said property being shown in the attached
.
Exhibit A and being described as follows:
All that portion of Blocks 1 and 4 of Phillips Addition to Port Angeles,
Washington, as per plat thereof recorded in Volume 2 of Plats, Page 5,
records ofClallam County, Washington, lying East of Dry Creek
AND
Lot 17 Island View Estates as shown on survey filed in Volume 20 of
Surveys on Page 85 under Auditor's File No. 651053, being a portion
of Government Lot 3 in Section 35 and Government Lot 1 and the
Southwest Quarter of the Southwest Quarter in Section 36, all in
Township 31 North, Range 7 West, W.M.
Section 2 - Filing. A certified copy of this Ordinance shall be filed with the Board of
Clallam County Commissioners, State of Washington, and as otherwise provided by law.
Section 3 - Effective Date. This Ordinance shall take effect five days following the
date of its publication by summary.
.
PASSED by the City Council ofthe City of Port Angeles at a regular meeting of said
Council held on the 2pt day of May, 2002.
MAYOR
ATTEST:
APPROVED AS TO FORM:
Becky J. Upton, City Clerk
Craig D. Knutson, City Attorney
PUBLISHED:
By Summary
F:\ORDlNANCES&RESOLUTIONS\2002-IO.ord.wpd
.
116 -2-
~
MEMORANDUM
Clallam County Department of Community Development
TO: Brad Collins; AICP; Community Development Director, City of Port Angeles
FROM: Andy Meyer; AICP; Planning Director, Clallam County C -IlJ- 4
RE: Response to Request for Comments; Municipal Annexation
West of City Landfill and East of Lower Elwha Road
DATE: May 21, 2002
This morning I received your request for comments on this proposed annexation dated May 16,
2002. First of all, in the interest of both our respective sanity, in the future, I would appreciate more than
eight (8) hours notice to provide cOmments on proposals of this sort. In this case, you requested
comments by the City Council meeting tonight, May 21, 2002!
Secondly, there appears to be a difference between your records and our maps which should be
resolved before this annexation goes to the Council. Currently, our maps show these parcels as being
outside the City's UGA boundary; our records show the current City boundary and UGA line to be
coterminous (see attached). However, in checking with Tom Shindler, he does recall some question
about the boundary in this area. At this point, I would suggest that you examine your records to see if you
have anything that clearly shows this as being within the UGA, and we will do the same.
Third, I would appreciate knowing what City land use and zoning designations this property will
receive upon annexation. You indicated on the phone that the property will be used for buffer purposes,
but the draft ordinance indicates a wide variety of potential land uses, and does not designate zoning, etc.
The County needs to insure that the purposes are consistent with the current R5 and RCC3 County
designations, As a point of reference, landfills are an unclassified use in both zones, which would require
a Conditional Use Permit under the County's Zoning Code.
'PI'ease call me if you have any thoughts on this sotv~ can resolve these questions before you
send this.to your Council for action,.:
c. correspondence file
f15) [E ~ [E ~ W lEfR)
Ull MAY 2 1 2002 l!lJ
CIlY OF PORT ANGELES
COMMUNITY DEVELOPMENT
223 East 4th Street, P.O. Box 863, Port Angeles, WA 98362-0149
(360) 417~2000 Fax: (360)417-2443
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This map JrawI'Jg is proJuc.J by t'" City oj Po,., A'Iff'lup iu 011I11 ... Q/uJ pu'ptJSI'S,
All)' 01"" ".. oj this map Ur""';IIIl shallllOt &.,'" "spomih;lity oJ'''' City,
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Legend
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DATE:
To:
FROM:
SUBJECT:
FORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
May 21, 2002,
MAVORWIGGINSAND CITV COUNCIL ,', /
i rl?(,
YVONNE ZIOMKOWSKI, FINANCE DIRECTOR~ U
STANDARDIZING AFTER HOURS CONNECT/RECONNECT FEES
Summary: Currently, fees differ by which department responds to after regular business hour calls
for connection of utilities. Finance would like to standardize these fees.
Recommendation: The Utility Advisory Committee and staff recommend the City Council
adopt the attached Ordinance standardizing fees for after hours utility connects or reconnects.
. Backeround / Analysis: As a result of answering survey questions regarding fee structures,
Finance staff discovered the City has different rates for connecting or reconnecting utilities after
regular business hours depending upon which department responds to the call.
Currently, the City averages about one after hours utility connection request per month. Since 1984,
the Customer Service Division has charged $50.00 for restoring utilities to self-contained electric
meters and water meters after hours. The Water Division charges $115.00 for the same service to
water meters if they receive the after hours call, and the Municipal Code allows for the Light
Division to charge the current rate for light or water connects, which is either $50.00, or $115.00.
By State Law, RCW 35.23.535, the City is required to recover its costs for this service, which are
as follows: Customer Services - $60; Water Division $125; and Light Division $160. Finance
recommends standardization of the after hours fees to $115.00. The connection/reconnection fee
during regular business hours will remain unchanged at $22.
Attached is a copy of the amending Ordinance. Staff will be available to answer any questions.
.
121
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.
.
.
122
.
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, establishing a
fee for electric utility service turn-ons and turn-offs and amending
Ordinance 3085 and Chapter 3.70 of the Port Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY
ORDAIN as follows:
Section 1. Ordinance 3085 and Chapter 3.70 of the Port Angeles Municipal Code are
hereby amended by amending PAMC 3.70.110 to read as follows:
3.70.110 - Public Works Department (Department) Fees and Deposits.
A. The fee for a permit for construction or excavation work in the City right-of-way
shall be as follows:
.
1.
2.
3.
4.
5.
Concrete walk installation
Curb & gutter removal and/or replacement
Driveway installation
All other work
Street cut
$70.00
145.00
145.00
45.00
230.00
B. Street Use Permit Fees. The application fees for a Street Use Permit and for a
renewal of such permit, when required by PAMC 11.12.120, shall be as follows:
.
1. Benches $30.00
2. Litter receptacles 30.00
3. Bicycle racks 30.00
4. Private planters 30.00
5. Landscaping higher than 30 inches 30.00
6. Exhibitions sponsored by or promoted by civic, charitable
or other non-profit organization 5.00
7. Sidewalk cafes 60.00
8. All other exhibitions 60.00
9. Activities not specifically mentioned 60.00
10. Ramps, steps, or any similar installation 115.00
11. Fences 115.00
12. Retaining Walls 175.00
13. Rockeries 175.00
14. The application fee for a temporary street use permit shall be sixty ($60)
dollars.
1 23- 1 -
IS. The application fee for a permit for obstruction of unopened streets shall b.
one hundred seventy-five ($175) dollars per year.
C. Move Permit Fees. The fee schedule for building move permits shall be as
follows:
1.
Relocate a building on the same lot or parcel
(without use of public right-of-way)
Move building from inside City limits to outside City limits
Move building from one City lot to another City lot
(use City right-of-way)
Move building from outside City limits to inside City limits
Inspection fee ~47.001hr.
$ 30.00
115.00
2.
3.
4.
5.
115.00
230.00
D. Plan Review and Permit Fees for Grading, Filling, Clearing and Drainage
Activities:
I. Grading and Filling. The permit fee for grading and filling activities shall be
as follows:
Estimated volume of grading & fill
Fee
250 cubic yards or less and less than 4 feet of cut or fill $25.00
251 to 1,000 cubic yards 30.00.
1,001 to 10,000 cubic yards or more 35.00
plus $15.00 for each additional 10,000 cubic yards or fraction thereof.
Additional plan review required for changes, additions or revisions to the approved plans
shall be at the rate of $30.00 per hour, provided that the minimum charge shall be $30.00. The
hourly cost to the City shall include supervision, overhead, equipment, hourly wages and fringe
benefits of the employees involved.
2. Clearing and Drainage. The permit fee shall be as follows:
Estimated area of clearing
Less than one acre
One acre to five acres
Over five acres
Fee
$35
60
12/acre.
Additional plan review required for changes, additions or revisions to the approved plans
shall be at the rate of $30 per hour or the total hourly cost to the City, whichever is the greatest,
provided that the minimum charge shall be $30. The hourly cost to the City shall include
supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved.
.
1 24 - 2 -
.
E.
Construction Inspection.
1.
2.
Inspections during normal business hours
Inspections outside normal business hours
(the minimum charge shall be 2 hours)
$47.00/hour
$47.00Ihour
F. Industrial Wastewater Pretreatment Fees
1. Fees for monitoring, inspections and surveillance procedures: $ at cost
2. Fees for filing appeals: $30.00
3. Fees for reviewing accidental discharge procedures and construction:
$ at cost
4. Fees for review of drawings, specifications and compliance schedules
for pretreatment facilities: $ at cost
5. Fees for issuance of industrial wastewater acceptance forms: $90.00
6. Other charges as the City may deem necessary to carry out the
requirements of Chapter 13.06 PAMC: $ at cost
G. Water Service Connection Fees
1.
The new residential water service connection fee, including the meter,
shall be:
.
Service Size Meter Service Connection Fee
I" 5/8" $640.00
1" 3/4" 670.00
1" 1" 695.00
2. The new commerciallindustrial water service connection fee, including
the meter, shall be:
Service Size
1"
1-112 "
2"
Meter
I"
1-112 "
2"
Service Connection Fee
$1,160.00
1,740.00
2,320.00
3. The fee for special or emergency turn-ons or turn-offs shall be sixty
dollars ($60) during regular working hours and one hundred fifteen dollars ($115) outside of regular
working hours.
4. The water quality test fee required under P AMC 13.36.080 shall be $60
plus the cost of the laboratory tests.
.
1 25 - 3 -
H.
The fee for a permit for sewer connection shall be as follows:
.
1. Single-family houses: $95.00
2. Multiple-family dwellings, including duplexes, apartment buildings,
trailer and auto courts, motels, and similar structures: $95.00 for the first dwelling unit and $7.00
for each additional dwelling unit.
3. All other structures, including, but not limited to, hotels, apartment
hotels, office buildings, stores, churches, schools, hospitals, buildings accessory thereto, and
industrial/commercial structures of any kind and additions thereto: One-half cent per gross square
foot of area occupied by all floors of such structure for the first 100,000 square feet (exclusive of
areas devoted to single-family dwelling houses for multiple-dwelling structures); and one-quarter
cent per gross square foot for the remaining footage in excess of 100,000 square feet. In addition
thereto, $7.00 for each single-family or multiple dwelling unit combined therewith; with a minimum
fee of$95.00 and a maximum feeof$1,160.00.
4. The fee for additional direct connections to a public sewer shall be the
same as for an initial connection.
5. The fee for a reconnection to a public sewer using an existing side sewer
shall be the same as for an initial connection.
I. The fee for alteration or repair to existing side sewers installed and accepted
under a previous permit, other than normal clean-out or root cutting for which no permit is required,
shall be as follows:
1. Any repair ofa side sewer: $35.00 .
2. The fee for capping side sewers shall be $260.00 and all work performed
to cap the side sewer shall be accomplished by the Department.
J. The fee for storm drain connections shall be as follows:
1. Installation of catch basins or similar interceptors: $45.00.
2. All connections other than for a catch basin: $115.00.
K.
be as follows:
The fees for various underground utility work performed by the Department shall
1. Tapping sewer or storm drain main lines to install a tee or wye:
$145.00.
2. Hot tap water main: $290.00.
3. Tapping sanitary or storm manhole: $350.00.
4. Install fire hydrant: $3,015.00.
All work t<:> actually tap the main shall be performed by the Department. All excavation
of trench, exposure of the main and trench backfill shall be provided by the applicant.
.
1 26 - 4 -
.
L. In addition to the sewer or storm drain fees required under this Section, any
person receiving a permit from the City for a sewer or storm drain connection shall pay to the City
of Port Angeles the actual cost incurred by the City in the restoration of any street, alley, curb,
sidewalk, utility or other structure of the City of Port Angeles, which is in any way altered or
damaged as a result of construction pursuant to a sewer or storm drain connection permit.
M. Septic Hauler Fees.
1. Annual Fee--Septic Hauler. The annual fee shall be $60.
2. V olume Fee. The monthly charge shall be as follows:
a. Fresh waste shall be charged at a rate of $0.02 per gallon of
waste.
b. Other septic discharge shall be charged at a rate of $0.11 per
gallon of waste.
N. Whenever an application for a developer reimbursement agreement is submitted,
it shall be accompanied by a non-refundable fee ofthree hundred fifty dollars ($350) plus six dollars
($6) for every parcel to be encumbered by the agreement in order to cover the City's expenses in
processing the application. (Ord. 3034 g 1 (part), 11/26/99; Ord. 2932 g9, 10/11196)
.
O.
Review Fee.
Right-of- Way License, Master Permit or Facilities Lease - Application and
1. Any applicant for an initial, renewal or transfer ofa right-of-way license,
master permit or facilities lease pursuant to Chapter 11.14 P AMC shall make an initial deposit with
the City, of one-half of one percent (0.5%) ofthe estimated cost ofthe applicant's proposed facilities,
as certified by the applicant, up to a maximum of five thousand dollars ($5,000.00). The minimum
deposit shall be five hundred dollars ($500.00).
2. The deposit shall be made as part of the application filed pursuant to
Chapter 11.14 P AMC and shall be used to reimburse the City for its costs to process the application,
up to the amount of the applicant's deposit. The City may, as expenses are incurred, draw upon the
deposit to recover its actual administrative expenses that are directly related to receiving and
approving an application for a right-of-way license, master permit or facilities lease, to inspecting
plans and construction, and to the preparation of necessary studies or reports, such as a detailed
statement pursuant to Chapter 43.21C RCW, including, but not limited to, the reasonable cost of
outside consultants retained or required by the City related to the City's consideration and processing
of a master permit, right-of-way license, or facilities lease.
.
3. The Public Works and Utilities Director or designee, at any time, may
require the applicant to deposit additional sums if it appears that the initial deposit or subsequent
deposits will be exhausted prior to the final action by the City relating to the consideration by the
City of an application for issuance, renewal, transfer or modification of a master permit,
right-of-way license, or facilities lease. The applicant will not be entitled to further consideration
by the City of its requested action until such time as the additional deposit required by the Director
has been deposited with the City.
127- 5 -
4. In the event the amount of the actual deposit of an applicant is in exce.
of the amount of the administrative expenses of the City related to the action requested, then th
applicant shall be entitled to a return of any such excess amount.
5. An applicant whose right-of-way license, master permit or facilities lease
application has been withdrawn, abandoned or denied shall, within sixty (60) days of its written
request, be refunded the balance of its deposit under this Section, less:
(a) Fifty dollars ($50.00) non-refundable filing charge; and
(b) All other ascertainable costs and expenses incurred by the City
in connection with the application.
P. Pole; attachment late Light Utility Fees
1. Light Utility Inspection & Review Fees
(a) The fee for inspection of the installation, alteration, extension,
and repair of electrical wiring, materials, appliances, apparatus, devices, and equipment of services
and feeders shall be as set forth in the current edition of the State of Washington Department of
Labor and Industries fee schedule as adopted in WAC 296-46-910 as amended.
(b)
The fee for special permits issued pursuant to P AMC 14.05.180E
.
shall be $30.00.
2.
te1
Pole Attachment Rate
The pole attachment rate shall be as follows:
Year 2001
at pole rental rate set forth in existing
pole attachment agreements
$8.50
$9.00
$9.50
$10.00. (Ord. 3085 ~ 1 (part), 6/29/2001)
Year 2002
Year 2003
Year 2004
Year 2005
Turn-Ons/Turn-Offs
3.
The fee for special or emergency turn-ons or tum-offs shall be $60.00
during regular working hours and $115.00 outside of regular hours.
Section 2 - Effective Date. This Ordinance shall take effect five days following the date
of its publication by summary.
.
128- 6 -
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.
.
CC Memo -- Ennis Creek Estates Subdivision
May 21,2002
Page 3
ATTACHMENT B
ENNIS CREEK ESTATES PRELIMINARY PLAT Conditions. Findings. And Conclusions
Conditions:
Findin~s:
1.
The final plat shall show the building front lot lines drawn where the lots equal or exceed
75 feet in width. .
I
All necessary easements for access, drainage, and utilities shall be shown on the final
plat.
The stormwater drainage improvements shall be installed or bonded per the City's Urban
Services Standards and Guidelines and consistent with the Washington Department of
Fish and Wildlife hydraulics permit application requirements.
One or more of the community areas shown on the preliminary plat shall remain in public
ownership as a neighborhood park, shall be designed as a children's play area similar to
the new play structure at Crown Park or the one at Milwaukee Heights Subdivision prior
to final plat approval, and shall be installed prior to the issuance of any building permits.
The fire sprinkler system as required by the Fire Department shall be a condition of any
new residential building permit.
Electrical, telecommunications, and street lighting shall be installed or bonded per the
Light Division standards.
No more than 30 lots may be connected to the City's water and sewer systems without
review and approval by the City Engineer demonstrating adequate system capacities.
Address numbers shall be identified and placed on the final plat as provided by the City.
Two environmentally sensitive area tracts shall be recorded per the requirements of the
City's Environmentally Sensitive Areas Protection Ordinance, and fencing and signs shall
be installed on the lot lines bordering Ennis Creek Ravine prior to final plat with the
exception of Lot 30, where fencing and sign demarcation shall be done prior to issuance
of any clearing and grading or building permits.
2.
3.
4.
5.
6.
7.
8.
9.
1.
Chapter 16.08 of the Port Angeles Municipal Code (PAM C) sets forth local requirements
for the approval of subdivisions.
The Revised Code of Washington RCW 58.17 contains the State's guidelines for the
uniform division of land within the State of Washington. Section 58.17.110 requires a
city to inquire into the public use and interest proposed to be served by the establishment
of a subdivision. It shall determine if appropriate provisions are made for, but not limited
to, the public health, safety, and general welfare, for open spaces, drainage ways, streets
or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes,
parks and recreation, playgrounds, schools and schoolgrounds, and shall consider all other
relevant facts including sidewalks and other planning features that assure safe walking
conditions for students who only walk to and from school and whether the public interest
will be served by the subdivision. A proposed subdivision shall not be approved unless
the city can make written findings that these provisions are made.
2.
135
CC Memo -- Ennis Creek Estates Subdivision
May 21,2002
Page 4
3. Section 16.08.050(B)(1) PAMC provides that the Planning Commission shall examine
the proposed plat, along with written recommendations of the City Departments, and shall
either approve or disapprove the submittal. A recommendation thereon shall be
forwarded to the City Council within a period of 90 days after a preliminary plat has been
submitted to the City Planning Department. The City Council shall either approve or
disapprove the proposed preliminary plat at a public meeting.
4. The preliminary plat subdivides the 32.4 acres ofland into 30 residential lots (12.56
acres), 3 community areas (.36 acre), 1 detention pond ( .19 acre), and 2 environmental
sensitive area tracts (19.65 acres). The 30 residential building lots range in size from
9,887 to 65,657 square feet with most lots between 12,000 to 22,000 square feet.
5. The City of Port Angeles acquired the subject property through a foreclosure on unpaid
assessments for Local Improvement District 211.
6. The preliminary plat application includes a drawing received April 19, 2002, prepared for
the City of Port Angeles by Northwest Territories, Inc., provided in Attachment A to the
staff report, and used as the basis of the preliminary plat review. The final plat will be
entitled "Ennis Creek Estates Subdivision."
7. The proposed Ennis Creek Estates Subdivision site is located along Del Guzzi Dr.
between Lindberg Rd. and US 101 east of Peninsula Golf Course and includes a portion
of Ennis Creek Ravine immediately south of US 101 and is legally described as Lots 1-3
and 5-8 of the Del Hur Survey as recorded in Volume 11 of surveys, page 44, in a portion
of Section 12, Township 30 North, Range 6 West, WM.
8. The City has designated Ennis Creek Ravine as an environmentally sensitive area. The
19.65 acres in the two open space areas will be placed in two environmentally sensitive
area (ESA) tracts per the City's Environmentally Sensitive Areas Protection Ordinance.
No public access is planned for these ESA tracts, although future public access for
educational/recreational purposes and/or a conservation easement may be planned at a
later date, consistent with the critical areas protection requirements.
9. Drainage from Lindberg Rd. and Peninsula Golf Course comes through the site and enters
into Ennis Creek south of US 101.
10. Each lot has significant topographical features which constrain access and building areas.
Portions of the site and building lots are wooded.
11. The surrounding properties are developed with low density single family residential uses
to the south and one eight-plex condominium at the southwest comer of the site, with a
private golf course to the west, US 101 right-of-way to the north, and commercial uses,
Roosevelt Middle School, and very low density residential zoning bordering the subject
property on the east side of Ennis Creek Ravine. These land uses east of Ennis Creek and
the eastern portion of the subject property are not accessible due to the creek ravine and
largely unaffected by the subdivision on the western portion ofthe site. Similarly, the
northern portion ofthe subject property adjacent to US 101 does not impact the highway,
nor is it accessible to the residential lots in the subdivision.
12. The site is currently served by Del Guzzi Dr., which meets City street standards for a
local access street. The western portion of the site is accessed by Del Guzzi Dr., which
bisects the property in a north-south meandering direction. All 30 lots shown on the
April 16 preliminary plat drawing have access from Del Guzzi Dr. Transit service is
available along US 101 north of the site at Del Guzzi Dr.
136
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.
.
.
.
.
~<.;:,..;
CC Memo -- Ennis Creek Estates Subdivision
May 21,2002
Page 5
13. The Washington State Department of Transportation (WSDOT) commented on the
previous Ennis Creek Estates Planned Residential Development (PRD) and required a
stop light at Del Guzzi Dr. and US 101 that was installed through Local Improvement
District 211. Nothing substantial has changed regarding the subject property since the
previous preliminary plat subdivisionIPRD was approved about ten years ago.
14. The proposed preliminary plat was reviewed by the City's Fire, Public Works, Parks and
Recreation, and Community Development Departments.
15. Public notice of the subdivision application was published on April 22, 2002, and posted
on the site and mailed to property owners within 300 feet of the proposed subdivision on
April 19, 2002. The Department of Community Development received three public
comment letters, which are provided in Attachment B to the staff report. The letters were
from Jim and Robbie Mantooth, Dick Goin, and Darlene Schanfald.
16. The proposal has been reviewed with respect to the Comprehensive Plan. The subject
property is identified as High Density Residential (HDR) and Open Space (OS) on the
Port Angeles Comprehensive Plan Land Use Map. The following Comprehensive Plan
policies are found to be most relevant to the proposal: Growth Management Element
Goal A; Land Use Element Goal A, Policy A2, Goal B, Policies B.1-B.4, Goal I, Policies
1.1-1.4, Objective 1.1; Transportation Element Goal A, Policies A.3 and A.6; Utilities and
Public Services Element Policy D.l ; Housing Element Goal A; Conservation Element
Goal A, Policies A.1-A.3, Goal B, Policies B.1-B.6, B.8, B.16, Objectives B.3-B.4;
Capital Facilities Element Goal A, Policies A2, A.9-A11, Goal B, Policies B.6-B. 7,
Goal C, Policies C.3- CA.
17. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer
service, and electrical service (Capital Facilities Element Policy A.9).
18. The Comprehensive Plan recommends concurrency for solid waste collection, stormwater
management, telecommunications service, and emergency services (police, fire and
emergency medical response) (Capital Facilities Element Policy A.l 0).
19. The City's Comprehensive Plan (Land Use Element Goal B) states the intention to have a
community where residential development and use of the land are done in a manner that
is compatible, with the environment, the characteristics of the use and the users, and the
desired urban design of the City.
20. The western portion of the subject property is identified by the Port Angeles Zoning Map
as Single Family Residential (RS-9), which allows a density of up to 9 units per acre.
The proposed drawing indicates that each lot in the proposed subdivision will be at least
9,000 square feet in size and that the average size of the southernmost 29 lots is 16,602
square feet.
21. The eastern portion of the subject property is identified by the Port Angeles Zoning Map
as Public Buildings and Parks (PBP), which designates land that may be best left as
"greenbelt" open space where the property is not suitable for development by reason of its
topography, geology, or some unusual condition or situation.
137
CC Memo -- Ennis Creek Estates Subdivision
May 21,2002
Page 6
22. Del Guzzi Dr. is designated as alocal access street on the City's Comprehensive Plan
Circulation Map and is not designated as a school walking route. The City's Subdivision
Ordinance and Urban Standards and Guidelines require the development of sidewalks
along arterials but not on local access streets.
23. All required utility improvements including potable water, sanitary waste, electrical, and
refuse collection have been provided to the subdivision or are available in the area.
24. The Port Angeles School District currently serves the area, and school capacity is not an
issue with the present trend in declining enrollments.
25. The site is currently served by the City's Police, Fire, and Public Works Departments.
26. Building permits are required for all structures on any approved building lots. All local
Building and Fire Codes apply to any new construction on the subject property.
27. Clearing and grading permits are not required for any initial site development on sites less
than one acre in size and not designated as an environmentally sensitive area by the City.
28. The City's State Environmental Policy Act (SEPA) Official issued a Determination of
Nonsignificance (DNS #980) on May 8, 2002, satisfying the City's SEPA responsibility.
29. The Planning Commission held a public hearing on the Ennis Creek Estates Subdivision
preliminary plat on May 8, 2002.
Conclusions:
A.
The conditions of the Ennis Creek Estates Subdivision are required by the Subdivision
Ordinance and necessary to implement the Comprehensive Plan goals and policies.
Storm drainage, electrical, and telecommunications improvements are the only street and
utility requirements which have not been installed per the City's Urban Services
Standards and Guidelines.
Because the City does not have any neighborhood parks or playfields in the vicinity and
the subdivision will have 30 new home sites, one or more of the community areas shown
on the preliminary plat should be designed as a children's play area similar to the new
play structure at Crown Park or the one at Milwaukee Heights Subdivision, both of which
the City Parks and Recreation maintain.
Due to the wooded nature of the subject property, street trees are not needed.
The large lots proposed for the Ennis Creek Subdivision are necessary for several
reasons: 1) the topographical and other access/building constraints on the site, 2) reduced
clearing and consequent reduced runoff approach to stream mitigation, 3) addressing
Comprehensive Plan land use and conservation element policies, 4) sensitivity to the
significant environmental features within the site, 5) design of utility and access through
the site, and 6) recovering unpaid LID 211 assessments.
Although High Density Residential allows an overall residential density much higher than
proposed, the site is zoned RS-9, which allows less than 5 units per acre and is intended
to be for the development of single family homes. The configuration of the proposed
subdivision lots and street layout conform to the desired urban design of the City for the
RS-9 and PBP Zones. The subject site is not located in an area with a grid street system
and should be developed with low density housing units and curvilinear streets to achieve
the desired urban design of the City. If the subdivision is approved, the Comprehensive
Plan Land Use Map should be changed to Low Density Residential (LDR).
138
B.
C.
D.
E.
F.
.
.
.
.
.
.
H.
1.
J.
CC Memo -- Ennis Creek Estates Subdivision
May 21,2002
Page 7
G.
As conditioned, the preliminary plat is consistent with the Comprehensive Plan and
Zoning Code.
As conditioned, the preliminary plat is in conformance with the Port Angeles Subdivision
Ordinance, Chapter 16.08 P AMC, and the Washington State Subdivision Act, Chapter
58.17 RCW.
As conditioned, appropriate provisions have been made for the public health, safety and
general welfare and for such open spaces, drainage ways, streets or roads, alleys, other
public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation,
playgrounds, schools and school grounds, sidewalks and other planning features that
assure safe walking conditions for students who only walk to and from school.
As conditioned, the public interest is served in the platting of this subdivision as
articulated in the City's Comprehensive Plan, Subdivision, and Zoning Ordinances. The
subdivision provides for development of new homes within the City of Port Angeles
consistent with the Growth Management Act and beneficial to the City's tax base. The
subdivision is intended to recover funds necessary for payment of LID 211 bonds due in .
September 2003.
139
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.
.
140
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Planning Commission Minutes
May 8. 2002
Page 14
ENNIS CREEK ESTATES PRELIMINARY SUBDIVISION - Del Guzzi Drive:
Proposal to subdivide approximately 32 acres into 30 residential single family building sites
in the RS-9, Residential Single Family zone.
Commissioner Norton revealed that he is a member of the Peninsula Golf Club but did not .believe
that the affiliation would influence his vote on the proposed subdivision. No one in the audience
objected.
Director Brad Collins reviewed the Planning Division's staff report recommending approval of the
preliminary subdivision and responded to questions from Commissioners with regard to the
requirement for residential sprinklers and that the subdivision will not be a gated community. Fire
Marshall Ken Dubuc said that residential dwellings will be required to provide residential sprinklers
because the site is outside of the City's four minute response radius. The previously approved
subdivision also required residential sprinklers.
Commissioner Rasmussen asked if the site had been evaluated with respect to its sensitive nature
west of the Ennis Creek ravine corridor. Director Collins stated that the subdivision lots do not
encroach into the Ennis Creek ravine corridor but are situated west of the corridor boundary. Sites
located east of Del Guzzi Drive are located in a geologic hazard area. Lots 7 through 16 and 30 will
require individual geologic hazard studies to be done prior to building permit issuance for residential
dwellings. Site covenants will prevent resubdivision with the exception of Lot 30, will prescribe
home type, and will not allow duplexes or manufactured homes. Covenants, conditions, and
restrictions (CCRs) will be enforced by homeowners in the subdivision as well as by the City, but
the City will not be forming a homeowners association. Chair Schramm opened the public hearing.
Robbie Mantooth, 2238 East Lindberg Road, represented herself, her husband, and the Friends of
Ennis Creek group. She applauded Manager Quinn and Director Collins' efforts to create an
exceptional subdivision with much thought given to the sensitive nature ofthe location along Ennis
Creek. She suggested that a conservation easement be established for the 19.65 acre Ennis Creek
ravine corridor. If such an easement is in place, the area will be reserved in perpetuity from
development not previously negotiated and agreed upon by the property owner and therefore will
not be subject to changing politics. Grants are also available to the City from salmon recovery funds
if a conservation easement is in place. She asked that the Commission support the establishment of
a conservation easement and discouraged the development of trails in the area due to the steep slopes
ofthe ravine walls. She urged the City to work with the Washington State Department ofFish and
Wildlife in establishing covenants for use ofthe property.
In response to Commissioner Rasmussen, Mrs. Mantooth stated that properties that are placed in a
conservation easement remain under individual ownership but development rights are negotiated
which will remain with the property ownership in perpetuity.
Gary Colley, 3955 O'Brien Road is an attorney who works with the North Olympic Land Trust. He
commended the City on its proposal to deal with development of the subject property such that
investment funds could be recovered in an innovative manner. The North Olympic Land Trust is
141
Planning Commission Minutes
May 8, 2002
Page 15
not an advocacy group but is a group that provides an opportunity for land owners to preserve some .
unique quality or use of their property in perpetuity. He was present to offer assistance ifthe City
desires to place a conservation easement on a portion of the property along Ennis Creek.
In response to Commissioner Rasmussen, Mr. Colley explained the difference between a covenant
and a conservation easement.
Mr. Colley responded to Commissioner Norton that conservation easements, at least at the present
time, are intended to be in perpetuity and cannot be removed. Mr. Colley encouraged the City to
proceed with the subdivision. If desired, such an easement could be established at a later date.
Commissioner Rasmussen asked Mrs. Mantooth if she had any concerns about the proposed
subdivision. Mrs. Mantooth responded that covenants need to be drafted carefully.
Director Collins indicated that a number of stated concerns will be addressed through the final plat
covenants which will be drafted prior to final plat consideration. There being no further comments,
Chair Schramm closed the public hearing.
It being 10:25 p.m., Commission members concurred to continue with the scheduled agenda items.
The Commission agreed that the proposal will provide a quality development of the property. .
Commissioner Norton moved to approve the preliminary subdivision with the following
conditions, findings, and conclusions:
Conditions:
1. The final plat shall show the building front lot lines drawn where the lots equal or exceed 75
feet in width.
2. All necessary easements for access, drainage, and utilities shall be shown on the fmal plat.
3. The stormwater drainage improvements shall be installed or bonded per the City's Urban
Services Standards and Guidelines and consistent with the Washington Department ofFish
and Wildlife hydraulics permit application requirements.
4. One or more of the community areas shown on the preliminary plat shall remain in public
ownership as a neighborhood park, shall be designed as a children's play area similar to the
new play structure at Crown Park or the one at Milwaukee Heights Subdivision prior to final
plat approval, and shall be installed prior to the issuance of any building permits.
5.
The fire sprinkler system as required by the Fire Department shall be a condition of any new
residential building permit.
.
142
.
.
.
Planning Commission Minutes
May 8, 2002
Page 16
6.
Electrical, telecommunications, and street lighting shall be installed or bonded per the Light
Division standards.
7. No more than 30 lots may be connected to the City's water and sewer systems without
review and approval by the City Engineer demonstrating adequate system capacities.
8. Address numbers shall be identified and placed on the final plat as provided by the City.
9. Two environmentally sensitive area tracts shall be recorded per the requirements of the
City's Environmentally Sensitive Areas Protection Ordinance, and fencing and signs shall
be installed on the lot lines bordering Ennis Creek Ravine prior to final plat with the
exception of Lot 30, where fencing and sign demarcation shall be done prior to issuance of
any clearing and grading or building permits.
Findings:
1. Chapter 16.08 of the Port Angeles Municipal Code (P AMC) sets forth local requirements for
the approval of subdivisions.
2.
The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform
division of land within the State of Washington. Section 58.17.110 requires a city to inquire
into the public use and interest proposed to be served by the establishment of a subdivision.
It shall determine if appropriate provisions are made for, but not limited to, the public health,
safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other
public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation,
playgrounds, schools and schoolgrounds, and shall consider all other relevant facts including
sidewalks and other planning features that assure safe walking conditions for students who
only walk to and from school and whether the public interest will be served by the
subdivision. A proposed subdivision shall not be approved unless the city can make written
findings that these provisions are made.
3. Section 16.08.050(B)(1) PAMC provides that the Planning Commission shall examine the
proposed plat, along with written recommendations of the City Departments, and shall either
approve or disapprove the submittal. A recommendation thereon shall be forwarded to the
City Council within a period of 90 days after a preliminary plat has been submitted to the
City Planning Department. The City Council shall either approve or disapprove the proposed
preliminary plat at a public meeting.
4. The preliminary plat subdivides the 32.4 acres ofland into 30 residential lots (12.56 acres),
3 community areas (.36 acre), 1 detention pond (.19 acre), and 2 environmental sensitive
areas tracts (19.65 acres). The 30 residential building lots range in size from 9,887 to 65,657
square feet with most lots between 12, 000 to 22,000 square feet.
5.
The City of Port Angeles acquired the subject property through a foreclosure on unpaid
assessments for Local Improvement District 211.
143
Planning Commission Minutes
May 8, 2002
Page 17
6.
The preliminary plat application includes a drawing dated received April 19, 2002, prepared
for the City of Port Angeles by Northwest Territories, Inc., provided in Attachment A to the
staff report, and used as the basis of the preliminary plat review. The final plat will be
entitled Ennis Creek Estates Subdivision.
7. The proposed Ennis Creek Estates Subdivision site is located along Del Guzzi Dr. between
Lindberg Rd. and US 101 east of Peninsula Golf Course and includes a portion of Ennis
Creek Ravine immediately south of US 101 and is legally described as Lots 1-3 and 5-8 of
the Del Hur Survey as recorded in Volume 11 of surveys, page 44, in a portion of Section
12, Township 30 North, Range 6 West, WM.
8. The City has designated Ennis Creek Ravine as an environmentally sensitive area. The 19.65
acres in the two open space areas will be placed in two environmental environmentally
sensitive area (ESA) tracts per the City's Environmentally Sensitive Areas Protection
Ordinance. No public access is planned for these ESA tracts, although future public access
for educational/recreational purposes and/or a conservation easement may be planned at a
later date, consistent with the critical areas protection requirements.
9. Drainage from Lindberg Rd. and Peninsula Golf Course comes through the site and enter
into Ennis Creek south of US 101.
10. Each lot has significant topographically features which constrain access and building areas.
Portions of the site and building lots are wooded.
11. The surrounding properties are developed with low density single family residential uses to
the south and one eight-plex condominium at the southwest comer of the site, with a private
golf course to the west, US 101 right-of-way to the north, and commercial uses, Roosevelt
Middle School, and very low density residential zoning border the subject property on the
east side of Ennis Creek Ravine. These land uses east of Ennis Creek and the eastern portion
ofthe subject property are not accessible due to the creek ravine and largely unaffected by
the subdivision on the western portion of the site. Similarly, the northern portion of the
subject property adjacent to US 101 does not impact the highway, nor is it accessible to the
residential lots in the subdivision.
12. The site is currently served by Del Guzzi Dr., which meets City street standards for a local
access street. The western portion of the site is accessed by Del Guzzi Dr., which bisects the
property in a north and south meandering direction. All 30 lots shown on the April 16
preliminary plat drawing have access from Del Guzzi Dr. Transit service is available along
US 101 north of the site at Del Guzzi Dr.
.
.
13. The Washington State Department of Transportation (WSDOT) commented on the previous
Ennis Creek Estates Planned Residential Development (pRD) and required a stop light at Del
I
Guzzi Dr. and US 101 that was installed through Local Improvement District 211. Nothing .
substantial has changed regarding the subject property since the previous preliminary plat .
subdivisionIPRD was approved about ten years ago.
144
.
.
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Planning Commission Minutes
May 8, 2002
Page 18
14. The proposed preliminary plat was reviewed by the City's Fire, Public Works, Parks and
Recreation, and Community Development Departments.
15. Public notice ofthe subdivision application was published on April 22, 2002, and posted on
the site and mailed to property owners within 300 feet of the proposed subdivision on April
19, 2002. The Department of Community Development received three public comment
letters, which are provided in Attachment B to the staff report. The letters were from Jim and
Robbie Mantooth, Dick Goin, and Darlene Schanfald.
16. The proposal has been reviewed with respect to the Comprehensive Plan. The subject
property is identified as High Density Residential (HDR) and Open Space (OS) on the Port
Angeles Comprehensive Plan Land Use Map. The following Comprehensive Plan policies
are found to be most relevant to the proposal: Growth Management Element Goal A; Land
Use Element Goal A, Policy A.2, Goal B, Policies B.I-BA, Goal I, Policies I. 1-104, Objective
I.l; Transportation Element Goal A, Policies A.3 and A.6; Utilities and Public Services
Element Policy D.l; Housing Element Goal A; Conservation Element Goal A, Policies A.l-
A.3, Goal B, Policies B.I-B.6, B.8, B.16, Objectives B.3-BA; Capital Facilities Element
Goal A, Policies A.2, A.9-A.ll, Goal B, Policies B.6-B. 7, Goal C, Policies C.3- CA.
17. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer
service, and electrical service (Capital Facilities Element Policy A.9).
18. The Comprehensive Plan recommends concurrency for solid waste collection, stormwater
management, telecommunications service, and emergency services (police, fire and
emergency medical response) (Capital Facilities Element Policy A.I0).
19. The City's Comprehensive Plan (Land Use Element Goal B) states the intention to have a
community where residential development and use of the land. are done in a manner that is
compatible with the environment, the characteristics of the use and the users, and the desired
urban design ofthe City.
20. The western portion ofthe subject property is identified by the Port Angeles Zoning Map as
Single Family Residential (RS-9), which allows a density of up to 9 units per acre. The
proposed drawing indicates that each lot in the proposed subdivision will be at least 9,000
square feet in size and that the average size of the southernmost 29 lots is 16,602 square feet.
21. The eastern portion of the subject property is identified by the Port Angeles Zoning Map as
Public Buildings and Parks (PBP), which designates land that may be best left as "greenbelt"
open space where the property is not suitable for development by reason of its topography,
geology, or some unusual condition or situation.
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Planning Commission Minutes
May 8. 2002
Page 19
22. Del Guzzi Dr. is designated as a local access street on the City's Comprehensive Plan
Circulation Map and is not designated as a school walking route. The City's Subdivision
Ordinance and Urban Standards and Guidelines require the development of sidewalks along
arterials but not on local access streets.
.
23. All required utility improvements including potable water, sanitary waste, electrical, and
refuse collection have been provided to the subdivision or are available in the area.
24. The Port Angeles School District currently serves the area, and school capacity is not an
issue with the present trend in declining enrollments.
25. The site is currently served by the City's Police, Fire, and Public Works Departments.
26. Building permits are required for all structures on any approved building lots. Alllocal
Building and Fire Codes apply to any new construction on the subject property.
27. Clearing and grading permits are not required for any initial site development on sites less
than one acre in size and not designated as an environmentally sensitive area by the City.
28. The City's State Environmental Policy Act (SEP A) Official issued ~. Determination of
Nonsignificance (DNS #977) on May 8, 2002, satisfying the City's SEP A responsibility.
.
Conclusions:
A. The conditions of the Ennis Creek Estates Subdivision are required by the Subdivision
Ordinance and necessary to implement the Comprehensive Plan goals and policies.
B. Storm drainage, electrical, and telecommunications improvements are the only street and
utility requirements which have not been installed per the City's Urban Services Standards
and Guidelines.
C. Because the City does not have any neighborhood parks or playfields in the vicinity and the
subdivision will have 30 new home sites, one or more of the community areas shown on the
preliminary plat should be designed as a children's play area similar to the new play structure
at Crown Park or the one at Milwaukee Heights Subdivision, both of which the City Parks
and Recreation maintain.
D. Due to wooded nature ofthe subject property, street trees are not needed.
E.
The large lots proposed for the Ennis Creek Subdivision are necessary for several reasons:
1) the topographical and other accesslbuilding constraints on the site, 2) reduced clearing and
consequent reduced runoff approach to stream mitigation, 3) addressing Comprehensive Plan
land use and conservation element policies, 4) sensitivity to the significant environmental
features within the site, 5) design of utility and access through the site, and 6) recovering
unpaid LID 211 assessments. 1 46
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Planning Commission Minutes
May 8, 2002
Page 20
F. Although High Density Residential allows an overall residential density much higher than
proposed, the site is zoned RS-9,.which allows less than 5 units per acre and is intended to
be for the development of single family homes. The configuration of the proposed
subdivision lots and street layout conform to the desired urban design of the City for the RS-
9 and PBP Zones. The subject site is not located in an area with a grid street system and
should be developed with low density housing units and curvilinear streets to achieve the
desired urban design ofthe City. Ifthe subdivision is approved, the Comprehensive Plan
Land Use Map should be changed to Low Density Residential (LDR).
G. As conditioned, the preliminary plat is consistent with the Comprehensive Plan and Zoning
Code.
H. As conditioned, the preliminary plat is in conformance with the Port Angeles Subdivision
Ordinance, Chapter 16.08 PAMC, and the Washington State Subdivision Act, Chapter 58.17
RCW.
I.
As conditioned, appropriate provisions have been made for the public health, safety and
general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public
ways, transit stops, potable water supplies, sanitary wastes, parks and recreation,
playgrounds, schools and school grounds, sidewalks and other planning features that assure
safe walking conditions for students who only walk to and from school.
J. As conditioned, the public interest is served in the platting of this subdivision as articulated
in the City's Comprehensive Plan, Subdivision, and Zoning Ordinances. The subdivision
provides for development of new homes within the City of Port Angeles consistent with the
Growth Management Act and beneficial to the City's tax base. The subdivision is intended
to recover funds necessary for payment of LID 211 bonds due in September 2003.
147
~ORTAN ELES
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WAS H I N G TON, U. S. A.
DEPARTMENT
NITY DEVEL PMENT
TO: Chair Chuck Schramm and Planning Commission
FROM: Brad Collins, Community Development Director17c/
I
DATE: May 8, 2002
SUBJECT: Ennis Creek Estates Subdivision Preliminary Plat
RE: Subdivision Preliminary Plat - CITY OF PORT ANGELES
APPLICANT:
OWNER:
LOCATION:
PROPOSAL:
City of Port Angeles
.
Same
Del Guzzi Dr. north of Lindberg Rd.
Development of a 32.4 acre site in the RS-9 Residential Single Family Zone
and PBP Public Buildings and Parks Zone into 30 residential lots (12.56
acres), 3 community areas (.36 acre), 1 detention pond (.19 acre), and 2
environmental sensitive areas tracts (19.65 acres)(Attachment A)
PROPERTY CHARACTERISTICS:
The proposed Ennis Creek Estates Subdivision site is located along Del Guzzi Dr. between
Lindberg Rd. and US 101 east of Peninsula Golf Course and includes a portion of Ennis Creek
Ravine immediately south of US 101 and is legally described as Lots 1-3 and 5-8 of the Del Hur
Survey as recorded in Volume 11 of surveys, page 44, in a portion of Section 12, Township 30
North, Range 6 West, WM. Ennis Creek Ravine is an environmentally sensitive area. Drainage
from Lindberg Rd. and Peninsula Golf Course comes through the site and enter into Ennis Creek
south of US 101. Each lot has significant topographically features which constrain access and
building areas. Portions of the site and building lots are wooded.
.
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ENNIS CREEK ESTATES Subdivision
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The preliminary plat would subdivide the 32.4 acres of land into 30 residential building lots,
ranging from 9,887 to 65,657 square feet with most lots between 12, 000 to 22,000 square feet.
(See Attachment A for the preliminary plat.) The large lots are necessary for several reasons: 1) the
topographical and other accesslbuilding constraints on the site, 2) reduced clearing and consequent
reduced runoff approach to stream mitigation, 3) addressing Comprehensive Plan land use and
conservation element policies, 4) sensitivity to the significant environmental features within the site,
5) design of utility and access through the site, and 6) recovering unpaid LID 211 assessments.
In addition to the 30 residential building lots, which comprised 12.56 acres, the preliminary
plat has three community areas (.36 acre), one detention pond (.19 acre), and two environmental
sensitive areas tracts (19.65 acres). A second detention pond may be needed to satisfy Washington
Department of Fish and Wildlife hydraulic permit application requirements. The 19.65 acres in the
two open space areas will be placed in two environmental environmentally sensitive area (ESA)
tracts per the City's Environmentally Sensitive Areas Protection Ordinance. No public access is
planned for these ESA tracts, although future public access for educational/recreational purposes
and/or a conservation easement maybe planned at a later date, consistent with the critical areas
protection requirements.
The subject property is zoned RS-9 Residential Single Family on the western portion and
PBP Public Buildings and Parks on the eastern portion. The Comprehensive Plan land use
designations for the site are similarly residential (albeit high density not low density) and open
space.
The site is currently served by Del Guzzi Dr., which meets City street standards for a local
access street. The western portion of the site is accessed by Del Guzzi Dr., which bisects the
property in a north and south meandering direction. Transit service is available along US 101 north
of the site atDel Guzzi Dr.
The surrounding properties are developed with low density single family residential uses to
the south and one eight..,plex condominium at the southwest comer of the site, with a private golf
course to the west, US 101 right-of-way to the north, and commercial uses, Roosevelt Middle
School, and very low density residential zoning border the subject property on the east side of Ennis
Creek Ravine. These land uses east of Ennis Creek and the eastern portion of the subject property
are not accessible due to the creek ravine and largely unaffected by the subdivision on the western
portion of the site. Similarly, the northern portion of the subject property adjacent to US 101 does
not impact the highway, nor is it accessible to the residential lots in the subdivision. The
Washington State Department of Transportation (WSDOT) commented on the previous Ennis Creek
Estates Planned Residential Development (PRD) and required a stop light at Del Guzzi Dr. and US
101 that was installed through Local Improvement District 211. Nothing substantial has changed
regarding the subject property since the previous preliminary plat subdivisionlPRD was approved
about ten years ago.
DEPARTMENTAL REVIEW:
The Light Division will be installing electrical power and street lights along Del Guzzi Dr.
for the final plat improvements. The utilities previously installed through LID 211 in Del Guzzi Dr.
are underground.
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ENNIS CREEK ESTATES Subdivision
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The Fire Department will require all newly constructed residences within the subdivision to
have approved residential fire sprinkler systems. The fire hydrant locations installed through LID
211 were previously approved.
The Public Works Department commented that:
1. Storm drainage improvements per WDFW requirements will be installed for final
plat improvements.
2. All clearing and grading and/or building permits will be required to have an erosion
control plan approved by the City Engineer.
3. The utility and access easements shown on the preliminary plat will satisfy City
requirements.
4. All public improvements shall be in accordance with the City's Urban Services
Standards and Guidelines.
5. The preliminary plat subdivision lots have all been assigned street addresses on Del
Guzzi Dr.
PUBLIC COMMENT:
As a result of the published notice, posting, and required mailing to property owners within
300 feet ofthe proposed subdivision, the City received three letters. (See Attachment B.)
Jim and Robbie Mantooth, who own property bordering the southeastern boundaries of the
subject site, commented on their interest in protecting Ennis Creek and asked the City to make sure
that the development creates as little deleterious impact on the stream as possible by excluding the
most sensitive riparian areas from being sold for home sites and by setting aside areas to collect
runoff. They encouraged coordination with WDFW habitat specialists to help ensure that lots,
building sites, provisions for runoff, and conditions associated with the development maximize
protection of the watershed. The Mantooths urged the City to consider fencing the lots along the
east side of Del Guzzi Dr. from the sensitive area that is restricted from development by using a
7-foot fence not only to deter people going into the ravine but also to keep deer in the ravine. They
thought protections for Ennis Creek could make the homesites more desirable. Furthermore, they
opposed trails in the Ennis Creek Ravine as incompatible with fish habitat, because of the
exceptionally fragile soils which can be eroded into the stream, favored a conservation easement to
protect the environmentally sensitive area and to condition construction practices and materials such
as minimizing impervious surfaces by requiring grass-crete driveways, and suggested protections
through covenants as well on the properties outside the conservation easement.
Dick Goin, an experienced local fisherman, commented that he hopes the impacts from the
proposed development, such as increased runoff and ground water (both these precipitate land
slides), pollution from herbicides and pesticides, increased human interaction with the fishery,
increased garbage and trash thrown into the ravine, etc. will be minimized and/or mitigated.
Darlene Schanfald, a local environmental advocate, commented on her support for a
conservation easement along Ennis Creek and the development of a fence high enough to prevent
people from entering the protected area from their lots and to keep wildlife from getting to Del
Guzzi Dr. She also suggested that trails in the ravine (should they be developed) be constructed per
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ENNIS CREEK ESTATES Subdivision
May 8, 2002
Page 4
WDFW assurance that the habitat would not be harmed, including erosion and clogging of
spawning gravels with sediments.
As proposed, the subdivision will establish an environmentally sensitive areas tract for the
Ennis Creek Ravine per the City's Critical Areas Protection Ordinance, will construct a 6-foot high
fence along the eastern property lines on the lots east of Del Guzzi Dr., will meet WDFW hydraulics
permit application requirements for stormwater drainage facilities including detention ponding, will
not develop any trails for public access into Ennis Creek Ravine, and will develop covenants,
conditions, and restrictions requiring best management practices for construction practices and
materials, reduction of runoff, and limitation of herbicide and pesticide use. The City's mandatory
solid waste program that includes free yard waste pick up/disposal and an annual free dump day
should provide the necessary sticks and carrots to discourage garbage and trash from being thrown
into the ravine by neighboring homeowners.
The City will work with the North Olympic Land Trust in consideration of a conservation
easement for the Ennis Creek Ravine environmentally sensitive area tract established through the
subdivision. However, a 7-foot high fence has not been planned, due to the setback requirements
from lot lines, the aesthetic issues in the sale of the lots, and the standard protection requirements
for ESA tracts discouraging public access and use of these areas. The City expects those choosing
home ownership of the lots that border on Ennis Creek Ravine and that have the maximum natural
setting value to be respectful of the environmentally sensitive areas tract. Violations such as trash
being thrown into the ravine are subject to enforcement.
.
COMPREHENSIVE PLAN:
The Comprehensive Plan establishes the long range goals and policies of the City. It is the
basis upon which City officials are to make land use decisions. Any project proposed in the City
must be consistent with the goals and policies of the Comprehensive Plan.
Map Designation
The Comprehensive Plan and Land Use Map identifies the western portion of the site as
High Density Residential (HDR) and the eastern portion of the site as Open Space (OS). Although
High Density Residential. allows an overall residential density much higher than proposed, the site is
zoned RS-9, which allows less than 5 units per acre and is intended to be for the development of
single family homes. If the subdivision is approved, the Comprehensive Plan Land Use Map should
be changed to Low Density Residential (LDR). The site development proposal results in an overall
site development of approximately one unit per acre. Factoring out the environmentally sensitive
area tracts (19 .65 acres), the residential areas have a density of one unit per .425 acre. The average
lot size of the 29 lots in the southern portion of the subdivision is slightly larger than 16,600 square
feet per lot (or larger than one third of an acre). The subject site is not located in an area with a grid
street system and should be developed with low density housing units and curvilinear streets to
achieve the desired urban design of the City.
.
Goals, Policies, and Objectives
The following goals, policies and objectives have been identified as being the most relevant
to the proposed subdivision:
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ENNIS CREEK ESTATES Subdivision
May 8, 2002
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.
GROWTH MANAGEMENT ELEMENT
Goal A: To manage growth in a responsible manner that is beneficial to the community as a whole,
is sensitive to the rights and needs of individuals and is consistent with the State of Washington 's
Growth Management Act.
LAND USE ELEMENT
Residential
Goal A: To guide current andfuture development within the City in a manner that provides
certainty to its citizens about future land use and the flexibility necessary to meet the challenges and
opportunities of the future.
Policy A.2: All land use decisions and approvals made by the City Council and/or any of its
appointed Commissions, Boards or Committees should be consistent with the
Comprehensive Plan and its land use map.
Goal B: To have a community where residential development and use of the land are done in a
manner that is compatible with the environment, the characteristics of the use and the users, and the .
desired urban design of the City.
Policy B.t: Urban services shall be available for all residential areas as required by the
Capital Facilities Element concurrency policy.
Policy B.2: Single family lots should be of reasonable shape and should have access
provided by an alley or by a local access street or a collector arterial.
Policy B.3: All residential developments should be designed with the provisions offire
protection and service vehicle access as key factors in the street design and circulation
pattern. For efficient circulation, rights-ol-way should be obtained and improvements made
to further the grid street pattern of the City. Cul-de-sacs may be permitted when designed '
as an integral part of the major grid street pattern of the City.
Policy B.4: All residential developments should be encouraged to preserve and capitalize
on existing unusual, unique, and interesting natural features, should preserve and utilize
natural vegetation, should utilize and preserve scenic views, should maximize southern
exposures, should offer protection from prevailing winds, and should be designed to
minimize energy use.
The configuration of the proposed subdivision lots and street layout conform to the desired
urban design of the City for the RS-9 and PBP Zones. .
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ENNIS CREEK ESTATES Subdivision
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Open Space
Goal I: To create open space relief within the urban landscape, to retain natural landscapes, to
preserve fish and wildlift habitat, and to provide natural corridors which connect wildlife habitats.
Policy 1.1: The City shouldfurther public interest by designating open spaces to preserve
unique or major physical features, such as marine shorelines, bluffs, ravines, streams,
wetlands, wildlife habitat and other environmentally sensitive areas deemed of significant
importance to the community.
Policy 1.2: The City shall limit the use of and access to such natural areas to only that which
does not degrade the significance of the area and which protects the rights of property
owners.
Policy 1.3: Wooded areas serve afunctional purpose in climate, noise, light, habitat, and
pollution control and should be preserved as part of the urban landscape.
Policy 1.4: The City shall discourage intensive recreational uses and impervious surfaces in
sensitive open space areas.
Objective 1.1: The City will develop a program of land banking, transfer of development
rights, or other innovative techniques which preserve open spaces.
The establishment of the environmentally sensitive areas tracts without planned access into .
Ennis Creek Ravine and the development of innovative techniques in the conditions, covenants, and
restrictions to protect the open space/environmentally sensitive areas from increases in human
interaction, runoff and erosion, and pollutants will model desired restrictions for subdivisions in
conformance with Open Space and Conservation policies.
TRANSPORTATION ELEMENT
Goal A: To develop a coordinated, multi-modal transportation system which serves all areas of the
city and all types of users in a safe, economical, and efficient manner.
Policy A.3: The collector arterial streets and local access streets should serve primarily
local traffic with special emphasis on safety for pedestrian traffic.
Policy A.6: Planningfor transportation services andfacilities (including public streets,
bikeways, pedestrian walkways, and public and private air, marine and land transit
services andfacilities) shall be performed consistent with the goals and policies of the
Capital Facilities Element.
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ENNIS CREEK ESTATES Subdivision
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.
UTILITIES AND PUBLIC SERVICES ELEMENT
Policy D.I: Urban services should be designedfor the maximum planned density and/or
land use intensity of a given area as designated on the Comprehensive Plan Land Use Map.
Del Guzzi Dr. construction and utilities installation through Local Improvement District
(LID) 211 already conform to City standards and the final plat requirements for subdivisions.
Although the subject property is shown as High Density Residential on the Comprehensive Plan
Land Use Map, the desired urban design of the City is better reflected in the RS-9 Zoning Map land
use designation.
HOUSING ELEMENT
Goal A: To improve the variety, quality, availability, and affordability of housing opportunities in
the City of Port Angeles.
The subject site not only exhibits unique physical features and natural amenities but also
represents a unique large lot neighborhood due to these same environmental constraints. As a
consequence, the subdivision lots may provide a high quality residential environment as well.
.
CONSERVATION ELEMENT
Goal A: To create and maintain a community with a high quality of life where the land is used in a
manner that is compatible with the area's unique physical features, its natural, historical,
archaeological, and cultural amenities, and the overall environment.
Policy A.I: The City should require all development, including the location and design of
all structures and open space areas, to be compatible with the unique physical features and
natural amenities of the land and complement the environment in which it is placed, while
recognizing the rights of private ownership.
Policy A.2: The City should promote compatibility between the land and its use by
regulating the intensity of the land use.
Policy A.3: The City should adopt development criteria which promote the use of innovative
design techniques to provide for the use of the land in a manner compatible with any unique
physical features or valuable natural, historical, and/or cultural amenities.
Goal B: To protect and enhance the area's unique physical features, its natural, historical,
archaeological, and cultural amenities, and the overall environment.
.
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ENNIS CREEK ESTATES Subdivision
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Page 8
Policy B.1: The City shouldfurther public interest by protecting and enhancing thearea 's
unique physical features, valuable natural, historical, archaeological, and cultural
amenities, and the overall environment, while recognizing the rights of private ownership.
Policy B.2: The City should maintain and preserve its unique physical features and natural
amenities, such as creeks, streams, lakes, ponds, wetlands, ravines, bluffs, shorelines,and
jish and wildlife habitats.
Policy B.3: The City should protect and enhance the characteristics of its unique residential
neighborhoods.
Policy B.4: Building density should decrease as natural constraints increase.
Policy B.5: The City shall establish minimum standards for development of properties which
contain or adjoin critical areas for the purpose of protecting such areas and enhancing their
natural functions.
Policy B.6: The City should regulate site design, preparation, and development to avoid or
minimize damage to wetlands and other environmentally sensitive areas.
Policy B.8: The City should preserve uniquely featured lands which still exist in their
natural states and which are notable for their aesthetic, scenic, historic, or ecological
features and should prohibit any private or public development which would destroy such
qualities, while recognizing the rights of private ownership.
Policy B.16: The City should designate open space areas to preserve major or unique
physical features and/or serve as natural greenbelts and wildlife corridors.
Objective B.3: The City will identify and implement site specific requirements for individual
development proposals to mitigate any negative impacts created by the development,
particularly to an area identified as an environmentally sensitive area.
Objective B.4: The City will adopt and enforce regulations which require all new
development to provide adequate stormwater retention/detention facilities necessary to
protect water quality.
See staff analysis under Open Space policies.
CAPITAL FACILITIES ELEMENT
Goal A: To provide and maintain safe andjinancially feasible urban services and capital facilities
at or above stated levels of service to all City residents and the general public.
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Page 9
.
Policy A.2: The City should, at a minimum, ensure the continuation of established level of
service standards for all urban utilities and services to the extent and in the manner
provided herein.
Policy A.9: The City shall require concurrency at the time of development for the following
utilities and services: streets, water service, sanitary sewer service, and electrical service.
Policy A.IO: The City should require the following utilities and services at the time of
development: solid waste collection, stormwater management, telecommunications service,
and emergency services (police, fire and emergency medical response).
Policy A.II: The City should require the following utilities and services within six years
from the time of development: parks and recreation services andfacilities and transit
system.
Goal B: To provide urban streets and utilities at minimum levels of service for all city residents
and the general public.
Policy B.6: The City should not approve any development that increases a site's post-
development stormwater run-off beyond that allowed by the Stormwater Management
Manual for the Puget Sound Basin as adopted by the City.
.
Policy B.7: The City should not approve any development that cannot be served with
telecommunications service at or greater than the following level of service standards at the
time of development: telephone, residential: 1 service per unit/ cable television, residential:
1 service per unit.
Goal C: To provide urban services at minimum levels of service for all city residents and the
general public.
Policy C.3: The City should not approve any development that will not be served at or
greater than a city-wide level of service standard of9 acres of parks per 1,000 population
within six years from the time of development.
Policy C.4: The City should not approve any development that will not be served at or less
than the following level of service standards at the time of development: Police: 677
persons per one officer. Fire: 4 minute response time or residential sprinkler system
installation.
Stormwater drainage improvements, installation of electrical power as well as other required
telecommunication facilities, optional street lighting and future fiber optic.and sidewalk
considerations, and the development of a neighborhood park/children's play area will meet or
exceed the concurrency requirements for new development. All other required or recommended
services and facilities are in place.
.
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ENNIS CREEK ESTATES Subdivision
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ZONING:
The Zoning Ordinance is the primary implementing ordinance for the Comprehensive Plan.
It establishes what types of uses are permitted and where they may be located in the City. It also
establishes minimum design standards for such uses. Like the Comprehensive Plan, any project
proposed in the City must be consistent with the regulations of the zone in which it is located.
The Zoning Map identifies the site as Residential Single Family (RS-9) and Public Buildings
and Parks (PBP).
The purpose and intent of the RS-9 Zone is as follows:
This is a low density residential zone intended to create and preserve urban single
family residential neighborhoods consisting of predominantly single family homes on
larger than standard Townsite-size lots. Uses which are compatible with and
functionally related to a single family residential environment may also be located in
this zone.
The minimum lot area is 9,000 square feet. All lots shall comply with the minimum area
and dimensional requirements as follows:
Front: 25 feet
Rear: 25 feet, except 10 feet for detached accessory buildings in the
rear one-third of the lot.
Interior Side: 8 feet, except 3 feet for detached accessory buildings in the rear
Maximum Height: 30 feet
Lot Coverage: 30%
The purpose and intent of the PBP Zone is as follows:
A zoning designation for publicly-owned property, or property not suitable for
development by reason of its topography, geology, or some unusual condition or
situation. Much of the land so designated may be best left as "green-belts. 11
The proposed subdivision conforms to both RS-9/PBP zoning requirements.
SUBDIVISION ORDINANCE (No. 1631):
The City's Subdivision Ordinance (No. 1631), codified as Chapter 16.08 of the Port Angeles
Municipal Code, has been reviewed with respect to the proposal. Although the entire ordinance has
not been cited, the following development standards and policies have been found to be applicable:
16.08.060 - Standards and Policies.
A. GENERAL STANDARDS. If a proposed street and/or lot pattern for any zone in
Port Angeles has been made by the Councilor the Commission, the street layout of any new plat
submitted shall be in general conformance to said pattern or plan. Otherwise proposed streets in
new subdivisions shall conform to the Comprehensive Plan and Urban Services Ordinance as
adopted.
No plan for the platting, replatting, subdivision, or dedication of any area shall be
recommended for approval by the Commission unless streets shown therein are connected by
surfaced road to an existing improved public right-of-way adequate to serve the existing and new
lots.
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.
Where the Comprehensive Plan or the City's official street plan indicates the necessity of a
new right-of-way of a required width or portion thereof for street purposes, whether within a new
plat or new subdivision, or along the boundaries of a new plat, new subdivision or new lot, such
required right-of-way or portion thereof shall be dedicated to the City of Port Angeles by the filing
of a plat.
The Planning Commission may require plats to provide areas for parks, playgrounds, open
spaces, recreation facilities, schools, school grounds, safe walking conditions on school routes,
transit stops, and drainage ways.
Each proposed subdivision and the ultimate use of the land therein shall be in the interests of
public health, safety and welfare, and subdividers shall be prepared to present evidence to this effect
when requested by the Commission.
Restrictive covenants not contrary to existing regulations regarding the use of land,
governing and binding all future owners of lots or tracts, may be shown on any plat.
No Final plat ofland within the force and effect of existing Zoning Regulations shall be
approved unless it is conforming with such Regulations.
Whenever there is a discrepancy between minimum standards or dimensions noted herein
and those contained in Zoning Regulations, Building Codes, or other official Regulations, the
highest standard shall apply.
B. GENERAL PRINCIPLES. POLICIES. The Commission shall ensure that
appropriate provision is made for: (1) the harmonious development of neighborhoods by requiring
coordination of streets within subdivisions with existing or planned streets, or with other elements
ofthe Comprehensive Plan; (2) adequate open spaces for recreation, schools, light and air; (3)
distribution of population and traffic which will create conditions favorable to public health, safety
and convenience.
C. STREETS AND ROADS.
1. The arrangement, character, extent, width, grade and location of all roads
shall conform with the Comprehensive Plan, including the Capital Facilities Plan, and Urban
Services Ordinance and shall be considered in their relation to existing and planned roads, to
topographic conditions, to public convenience and safety, and in their appropriate relation to the
proposed uses of the land to be served by such roads.
2. Where such is not shown on the Comprehensive Plan, the arrangement of
streets in a subdivision shall either provide for the continuation or appropriate projection of existing
major streets in the surrounding area; or shall conform to a plan for the neighborhood, approved by
the Commission, to meet a particular situation where topographic or other conditions make
continuance or conformance to existing roads impracticable. This shall also apply to cluster
subdivisions.
3. If a preliminary or suggested plan for an area has been made by the
Commission, the street layout of a proposed subdivision in such an area shall be in general
conformance to the plan.
.
.
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ENNIS CREEK ESTATES Subdivision
May 8, 2002
Page 12
4. When a portion of a subdivider's tract is to be subdivided, a street plan for the
entire tract shall be submitted to indicate how the street pattern of the plat submitted will coordinate
with the entire tract when fully platted.
5. Where a tract is subdivided into .lots or tracts of an acre or more in area, the
Commission may require an arrangement of lots and streets such as to permit a later resubdivision in
conformity with the street and lot requirements specified in these Regulations.
6. Wherever practical, dead-end streets shall be avoided. However, roads
designed with a turn-around at one end (cul-de-sac) may be used when conditions warrant their use.
7. Wherever practical, minor streets shall be laid out to discourage through
traffic within residential neighborhoods.
8. Where a proposed subdivision abuts or contains an existing or proposed
major road, or is adjacent to an existing or planned business, commercial or industrial district, the
Commission may require treatment as may be necessary (1) for the adequate protection of
residential properties; and (2) to afford separation of through and local traffic.
10. Streets shall be laid out so as to intersect as nearly as possible at right angles.
Acute angle intersection shall be avoided.
E. LOTS.
1. The lot area, width, depth, shape and orientation, and the minimum building
setback lines shall be appropriate for the location of the subdivision, for the type of development
and land use contemplated, and shall conform with the requirements of the Zoning Ordinance.
2. Excessive depth in relation to width shall be avoided. No lot shall have a
depth greater than twice its width.
3. Comer lots for residential use shall have extra width to permit appropriate
building setback from and orientation to both streets.
4. To ensure public health, convenience and safety, the subdividing of land shall
provide, by means of a public street, each lot with satisfactory access to an existing public street.
5. Double frontage and reverse frontage lots shall be avoided, except where
essential to provide separation of residential development from traffic arteries or to overcome
specific disadvantages of topography and orientation. A planting screen easement across which
there shall be no right of access shall be provided along the line of lots abutting such a traffic artery
or disadvantageous use.
F. PUBLIC SPACES.
2. Where deemed essential by the Commission, upon consideration of the
particular type of development proposed in the subdivision, and especially in large-scale
neighborhood unit developments not anticipated in the Comprehensive Plan, the Commission may
require the dedication or reservation of such areas or sites of a character, extent and location suitable
to the needs created by such development for schools, parks and other neighborhood purposes.
3. Due regard shall be shown for the preservation of outstanding natural and
cultural features such as scenic spots, water courses, and historic sites, consistent with the
Comprehensive Plan, the Wetlands Protection Ordinance, and the Environmentally Sensitive Areas
Protection Ordinance.
G. EASEMENTS.
1. Utility easements shall be provided, centered on front, rear, or side lot lines.
2. Where a subdivision is traversed by a water course, drainage way, channel, or
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ENNIS CREEK ESTATES Subdivision
May 8, 2002
Page 13
.
stream, there shall be provided a storm water easement or drainage right-of-way conforming
substantially with the lines of such water course, and such further width or construction, or both, as
will be adequate for the purpose. Parallel roads or parkways may be required in connection
therewith.
H. STREET LIGHTING. Street lighting installations shall be located in reference to the
dimensions of full grown trees and in accordance with the determinations and standards of the City
Engineer.
I. DIMENSIONAL STANDARDS. Variations from and exceptions to the following
standards may be made by the Commission, where topographic or other existing conditions make
adherence to these Regulations impractical.
L. LOTS.
I. The minimum width, depth, area and setback dimensions of all lots in
proposed subdivisions shall conform with City Zoning Regulations. If any dimension in a plat is
more restrictive than the said Regulations, then the most restrictive dimension shall apply.
M. BUILDING LINE SETBACK.
I. The building line setback from the property lines of all lots shall be indicated
by a dashed line on all plats.
P. SIGNAGE One (1) free standing sign no larger than twenty-four (24) square feet
in area shall be permitted for identification of the subdivision.
The proposed subdivision conforms to the preliminary plat subdivision requirements.
.
ENVIRONMENTAL REVIEW:
q'(o
A Determination of Non-Significance (DNS No~ was issued for the proposal on May 8,
2002.
DEPARTMENTAL ANALYSIS:
The April 19, 2002, preliminary plat drawing indicates a 30-10t subdivision proposal with all
lots accessing from Del Guzzi Dr. The proposed subdivision conforms to all preliminary plat
requirements, although the building front lot lines should be drawn where they equal or exceed 75
feet. Storm drainage, electrical, and telecommunications improvements are the street and utility
requirements which have not been installed per the City's Urban Services Standards and Guidelines.
Because the City does not have any neighborhood parks or playfieldsin the vicinity and the
subdivision will have 30 new home sites, one or more of the community areas shown on the
preliminary plat should be designed as a children's play area similar to the new play structure at
Crown Park or the one at Milwaukee Heights Subdivision, both of which the City Parks and
Recreation maintain.
The City's Subdivision Ordinance and Urban Standards and Guidelines require the
development of sidewalks along arterials but not on local access streets. A sidewalk may be
constructed at a later stage in the subdivision development on the east side of Del Guzzi Dr., which
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ENNIS CREEK ESTATES Subdivision
May 8, 2002
Page ] 4
is a local access street and not a school walking route, but one is not required. Due to wooded
nature of the subject property, street trees are not needed.
DEPARTMENTAL RECOMMENDATION:
The Department of Community Development recommends that the Planning Commission
recommend approval of the preliminary plat for the Ennis Creek Estates Subdivision with the
following 9 conditions, 28 findings, and 10 conclusions:
Conditions:
1. The final plat shall show the building front lot lines drawn where the lots equal or exceed 75
feet in width.
2. All necessary easements for access, drainage, and utilities shall be shown on the final plat.
3. The stormwater drainage improvements shall be installed or bonded per the City's Urban
Services Standards and Guidelines and consistent with the Washington Department ofFish
and Wildlife hydraulics permit application requirements.
4. One or more of the community areas shown on the preliminary plat shall remain in public
ownership as a neighborhood park, shall be designed as a children's play area similar to the
new play structure at Crown Park or the one at Milwaukee Heights Subdivision prior to final
plat approval, and shall be installed prior to the issuance of any building permits.
5. The fire sprinkler system as required by the Fire Department shall be a condition of any new
residential building permit.
6. Electrical, telecommunications, and street lighting shall be installed or bonded per the Light
Division standards.
7. No more than 30 lots may be connected to the City's water and sewer systems without
review and approval by the City Engineer demonstrating adequate system capacities.
8. Address numbers shall be identified and placed on the final plat as provided by the City.
9. Two environmentally sensitive area tracts shall be recorded per the requirements of the
City's Environmentally Sensitive Areas Protection Ordinance, and fencing and signs shall be
installed on the lot lines bordering Ennis Creek Ravine prior to final plat with the exception
of Lot 30, where fencing and sign demarcation shall be done prior to issuance of any clearing
and grading or building permits.
Findings:
1. Chapter 16.08 of the Port Angeles Municipal. Code (PAMC) sets forth local requirements for
the approval of subdivisions.
2. The Revised Code of Washington RCW 58. 17contains the State's guidelines for the
uniform division ofland within the State of Washington. Section 58.17.110 requires a city
to inquire into the public use and interest proposed to be served by the establishment of a
subdivision. It shall determine if appropriate provisions are made for, but not limited to, the
public health, safety, and general welfare, for open spaces, drainage ways, streets or roads,
alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and
recreation, playgrounds, schools and school grounds, and shall consider all other relevant
161
ENNIS CREEK ESTATES Subdivision
May 8, 2002
Page IS
.
facts including sidewalks and other planning features that assure safe walking conditions for
students who only walk to and from school and whether the public interest will be served by
the subdivision. A proposed subdivision shall not be approved unless the city can make
written findings. that these provisions are made.
3. Section 16.08.050(B)(1) P AMC provides that the Planning Commission shall examine the
proposed plat, along with written recommendations of the City Departments, and shall either
approve or disapprove the submittal. A recommendation thereon shall be forwarded to the
City Council within a period of 90 days after a preliminary plat has been submitted to the
City Planning Department. The City Council shall either approve or disapprove the proposed
preliminary plat at a public meeting.
4. The preliminary plat subdivides the 32.4 acres ofland into 30 residential lots (12.56 acres), 3
community areas (.36 acre), 1 detention pond (.19 acre), and 2 environmental sensitive areas
tracts (19.65 acres). The 30 residential building lots range in size from 9,887 to 65,657
square feet with most lots between 12,000 to 22,000 square feet.
5. The City of Port Angeles acquired the subject property through a foreclosure on unpaid
assessments for Local Improvement District 211.
6. The preliminary plat application includes a drawing dated received April 19, 2002, prepared
for the City of Port Angeles by Northwest Territories, Inc., provided in Attachment A to the
staff report, and used as the basis of the preliminary plat review. The final plat will be
entitled Ennis Creek Estates Subdivision. .
7. The proposed Ennis Creek Estates Subdivision site is located along Del Guzzi Dr. between
Lindberg Rd. and US 101 east of Peninsula Golf Course and includes a portion of Ennis
Creek Ravine immediately south of US 101 and is legally described as Lots 1-3 and 5-8 of
the Del Hur Survey as recorded in Volume 11 of surveys, page 44, in a portion of Section
12, Township 30 North, Range 6 West, WM.
8. The City has designated Ennis Creek Ravine as an environmentally sensitive area. The
19.65 acres in the two open space areas will be placed in two environmental environmentally
sensitive area (ESA) tracts per the City's Environmentally Sensitive AreaslProtection
Ordinance. No public access is planned for these ESA tracts, although future public access
for educational/recreational purposes and/or a conservation easement may be planned at a
later date, consistent with the critical areas protection requirements.
9. Drainage from Lindberg Rd. and Peninsula Golf Course comes through the site and enter
into Ennis Creek south of US 101.
10. Each lot has significant topographically features which constrain access and building areas.
Portions of the site and building lots are wooded.
11. The surrounding properties are developed with low density single family residential uses to
the south and one eight-plex condominium at the southwest comer of the site, with a private
golf course to the west, US 101 right-of-way to the north, and commercial uses, Roosevelt
Middle School, and very low density residential zoning border the subject property on the
east side of Ennis Creek Ravine. These land uses east of Ennis Creek and the eastern
portion of the subject property are not accessible due to the creek ravine and largely
unaffected by the subdivision on the western portion of the site. Similarly, the northern .
portion of the subject property adjacent to US 101 does not impact the highway, nor is it
accessible to the residential lots in the subdivision.
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ENNIS CREEK ESTATES Subdivision
May 8, 2002
Page 16
12. The site is currently served by Del Guzzi Dr., which meets City street standards for a local
access street. The western portion of the site is accessed by Del Guzzi Dr., which bisects the
property in a north and south meandering direction. All 30 lots shown on the April 16
preliminary plat drawing have access from Del Guzzi Dr. Transit service is available along
US 101 north of the site at Del Guzzi Dr.
13. The Washington State Department of Transportation (WSDOT) commented on the previous
Ennis Creek Estates Planned Residential Development (PRD) and required a stop light at
Del Guzzi Dr. and US 101 that was installed through Local Improvement District 211.
Nothing substantial has changed regarding the subject property since the previous
preliminary plat subdivisionIPRD was approved about ten years ago.
14. The proposed preliminary plat was reviewed by the City's Fire, Public Works, Parks and
Recreation, and Community Development Departments.
15. Public notice of the subdivision application was published on April 22, 2002, and posted on
the site and mailed to property owners within 300 feet of the proposed subdivision on April
19,2002. The Department of Community Development received three public comment
letters, which are provided in Attachment B to the staff report. The letters were from Jim
and Robbie Mantooth, Dick Goin, and Darlene Schanfald.
16. The proposal has been reviewed with respect to the Comprehensive Plan. The subject
property is identified as High Density Residential (HDR) and Open Space (OS) on the Port
Angeles Comprehensive Plan Land Use Map. The following Comprehensive Plan policies
are found to be most relevant to the proposal: Growth Management Element Goal A; Land
Use Element Goal A, Policy A2, Goal B, Policies B.I-BA, Goal I, Policies I.l-IA,
Objective 1.1; Transportation Element Goal A, Policies A.3 and A6; Utilities and Public
Services Element Policy D.l; Housing Element Goal A; Conservation Element Goal A,
Policies AI-A.3, Goal B, Policies B.l-B.6, B.8, B.l6, Objectives B.3-BA; Capital Facilities
Element Goal A, Policies A2, A9-A.ll, Goal B, Policies B.6-B.7, Goal C, Policies C.3-
CA.
17. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer
service, and electrical service (Capital Facilities Element Policy A9).
18. The Comprehensive Plan recommends concurrency for solid waste collection, stormwater
management, telecommunications service, and emergency services (police, fire and
emergency medical response )(Capital Facilities Element Policy Al 0).
19. The City's Comprehensive Plan (Land Use Element Goal B) states the intention to have a
community where residential development and use of the land are done in a manner that is
compatible with the environment, the characteristics of the use and the users, and the desired
urban design of the City.
20. The western portion of the subject property is identified by the Port Angeles Zoning Map as
Single Family Residential (RS-'9), which allows a density of up to 9 units per acre. The
proposed drawing indicates that each lot in the proposed subdivision will be at least 9,000
square feet in size and that the average size of the southernmost 29 lots is 16,602 square feet.
21. The .eastern portion of the subject property is identified by the Port Angeles Zoning Map as
Public Buildings and Parks (PBP), which designates land that may be best left as "greenbelt"
open space where the property isnot suitable for development by reason of its topography,
geology, or some unusual condition or situation.
163
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ENNIS CREEK ESTATES Subdivision
May 8, 2002
Page 1 7
.
22. Del Guzzi Dr. is designated as a local access street on the City's Comprehensive Plan
Circulation Map and is not designated as a school walking route. The City's Subdivision
Ordinance and Urban Standards and Guidelines require the development of sidewalks along
arterials but not on local access streets.
23. All required utility improvements including potable water, sanitary waste, electrical, and
refuse collection have been provided to the subdivision or are available in the area.
24. The Port Angeles School District currently serves the area, and school capacity is not an
issue with the present trend in declining enrollments.
25. The site is currently served by the City's Police, Fire, and Public Works Departments.
26. Building permits are required for all structures on any approved building lots. All local
Building and Fire Codes apply to any new construction on the subject property.
27. Clearing and grading permits are not required for any initial site development on sites less
than one acre in size and not designated as an environmentally sensitive area by the City.
28. The City's State Environmental Policy Act (SEPA) Official issued a Determination of
Nonsignificance (DNS #7'1) on May 8, 2002, satisfying the City's SEPA responsibility.
Q'8D
Conclusions:
A. The conditions of the Ennis Creek Estates Subdivision are required by the Subdivision
Ordinance and necessary to implement the Comprehensive Plan goals and policies.
B. Storm drainage, electrical, and telecommunications improvements are the only street and .
utility requirements which have not been installed per the City's Urban Services Standards
and Guidelines.
C. Because the City does not have any neighborhood parks or playfields in the vicinity and the
subdivision will have 30 new home sites, one or more of the community areas shown on the
preliminary plat should be designed as a children's play area similar to the new play
structure at Crown Park or the one at Milwaukee Heights Subdivision, both of which the
City Parks and Recreation maintain.
D. Due to wooded nature of the subject property, street trees are not needed.
E. The large lots proposed for the Ennis Creek Subdivision are necessary for several reasons:
1) the topographical and other access/building constraints on the site, 2) reduced clearing
and consequent reduced runoff approach to stream mitigation, 3) addressing Comprehensive
Plan land use and conservation element policies, 4) sensitivity to the significant
environmental features within the site, 5) design of utility and access through the site, and 6)
recovering unpaid LID 211 assessments.
F. Although High Density Residential allows an overall residential density much higher than
proposed, the site is zoned RS-9, which allows less than 5 units per acre and is intended to
be for the development of single family homes. The configuration of the proposed
subdivision lots and street layout conform to the desired urban design of the City for the RS-
9 and PBP Zones. The subject site is not located in an area with a grid street system and
should be developed with low density housing units and curvilinear streets to achieve the
desired urban design of the City. If the subdivision is approved, the Comprehensive Plan
Land Use Map should be changed to Low Density Residential (LDR). .
164
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ENNIS CREEK ESTATES Subdivision
May 8, 2002 '"'
Page 18
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As con4itioriJd~,:ithe preliminarY\Qlat'is.con~ist~p.t:with the Cpmprehensiye Plan and Zoning
Code. j,. ',. i.. O. ,.' '~"P. ,iH~~ '-~X~'- _' ;~ro' ~ 3... ~~. ~!: ,~:., t: -'::\~"'H
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general welfare,andJor such.openspa9yS;' dramage ways; streets or roads;"alleys! other publIc
. -~'5- L':,'-U~ - ><' ~~: ~-.f,~Ui 1..J'};>q ;f,{~Lr.,: ,.;;i.f: "~':t-:l"',::;:__fjj lp .. -.i'it _'f:~t-f ~ {l'-' ;' tc~ __!.,~
ways, transIt stops, potable water supplIes, sanI~ary waste~, parks and r~creatlOn, h 'C
playgrounds;,schools land scliool'grounds"side.walks, and:other,j:HanniI1g: featuresthat assure
n,-_, ~r.' ~ - '.-' :'" '., .::.' _;!' if' .:'" . ",~'f)f"'bl!O'r '1,~-!t'~r("'. "I,(ii' ~,~~-'iW!i .,.'~.u,.,rM, \'1- -- ;' -~ ...J{q
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As cdrtditldnea:tiI1e: pu15li~interi:.st' i~'seryedfili\therpl~tti~g~of;thi~. s~bJivisiod;asfarticul~ted
in the CIty' s Comprehens'i~~'pf~; s\;sdi~i~rbrfana"Zoii1ri~f0rdii1ahc'es? The. subdivision '"
provides Jor e9~velopm"e~t, gf,p,e\y hoP1~s' JYHJ}iIt~~>>~;~}~Xi9f.P~_rt ,.(\~~sJ~~ ~~?~!s~~~t. wlt~?~e
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to recover funds n,~cessary for payment 'of LIDj2ll1~bonds due In; S~nlemJ2.ert4993 \.n
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Real Estate Committee Report
May 7, 2002
Page 3
11>
Sale Options:
Option 1
. Authorize the Phase 2 Consultant Services Contract up to $35,000
. Authorize final plat improvements up to $151,000 at cost to various utility and street funds
. Assess risk of holding lots in a depressed economy
. Potential loss of the present day value of money/requires $200,000 in additional investment
. Supports investment future in Port Angeles at this time
. Provides opportunity to create a model subdivision and return developed property to the tax
roll by selling buildable lots to prospective home builders and buyers
Option 2
. Authorize the Phase 2 Consultant Services Contract up to $35,000
. Authorize final plat improvements between $86,000 and $116,000 at cost to various utility
and street funds
. Reduces risk of holding lots in a depressed economy but commits to individual buyers
. Potential loss of the present day value of money/requires 40-60% less additional investment
. Supports investment future in Port Angeles at this time but reduces more investment until
lot sales reach a bond repayment comfort level before completing improvements
. Provides opportunity to create a model su~division and return developed property to the tax
roll by selling buildable lots to prospective home builders and buyers,~\
Option 3
. Authorize the Phase 2 Consultant Services Contract up to $35,000
. Complete preliminary plat and cost estimates, particularly for drainage improvements, but
hold off on final plat improvements for the next year
. Market the 29 lots to a single developer
. Assess risk of discounting the property
. Potential loss 20-50% discount ($300,000 to $750,000) and potential gain of the present day
value of money
. Recognizes the downside of investment in Port Angeles at this time
. Slower return of developed property to the tax roll
Staff will be available to answer any questions.
.....i
174
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~ORTANGILES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
CITY MANAGER'S CALENDAR / REPORT
May 21, 2002
Finance Committee Meeting - cancelled
Tuesday, May 21 . 6:00 p.m.
Monday, May 22 7:30 a.m.
Wednesday, May 22 4:00 p.m.
Wednesday, May 22 6:30 p.m.
Wednesday, May 22 7:00 p.m.
Friday, May 24 10:00 a.m.
Friday, May 24 Noon
Thursday, May 30 3:00 p.m.
Friday, May 31 1 :30 p.m.
City Council Meeting
Downtown Forward Executive Committee Meeting - cancelled
Community Multi-Cultural Task Force Meeting
Law Enforcement Advisory Committee Meeting
Planning Commission Meeting
Community & Economic Development Committee Meeting
Utility Advisory Committee Special Meeting
Capital Facilities Plan Meeting
City Council Meeting (movedfromJune 18th)
Tuesday, June 4 6:00 p.m.
Thursday, June 6 8:15 a.m.
Tuesday, June 11 3:00 p.m.
Tuesday, June 11 6:00 p.m.
Wednesday, June 12 7:00 p.m.
Saturday, June 15 All Day
Tuesday, June 17 6:00 p.m.
Thursday, June 20 7:00 p.m.
Monday, June 24 7:30 a.m.
Tuesday, June 25 11 :30 a.m.
Wednesday, June 25 6:00 p.m.
City Council Meeting
Gateway Committee Meeting - TBA later
Utility Advisory Committee Meeting
City/County Joint Worksession Meeting
Planning Commission Meeting
City Council Retreat
Parks, Recreation & Beautification Commission Meeting
Downtown Forward Executive Committee Meeting
OPS Award Luncheon
North Olympic Peninsula Cities Association Meeting
175
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176
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F".. ORT'P/.N
,. , . .
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E"lLE'S
Ii;
:mU' . " I .
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
May 21,2002
To:
MAYOR WIGGINS AND CITY COUNCIL
FROM:
Glenn A. Cutler, Director of Public Works and Utilities
SUBJECT:
Benefit Dump Day 2002
Summary: Benefit Dump Day was held on Sunday April 21, 2002, from 9:00 A.M. to 3:00
P.M.. One thousand four hundred forty four (1,444) vehicles from Clallam County participated
by unloading approximately five hundred eighty one (581) tons of material. The Port Angeles
Food Bank received donations in the amount of $2,800 and 550 pounds of food.
Recommendation: Information only
Back~round / Analysis:
Personnel: Landfill employees operated the scales and equipment, and inspected and directed loads
to the proper disposal areas. Street and Water Division personnel assisted with traffic control. The
Port Angeles Food Bank had a total of 15 volunteers collecting information, donations, and assisted
in unloaded vehicles at various disposal sites. Waste Management assisted by hauling drop boxes
and helped unload vehicles. Clallam County Environmental Health maintained the Moderate Risk
Waste site. Recycling and saving valuable landfill space was the main objective ofthe event. Landfill
staff relocated metals and tires from the landfill cell and placed them in the proper recycle areas
designated at the landfill.
Public Comments: Favorable and appreciative ofthe event.
Changes to the 2002 Program:
. Increased operating hours
. Additional personnel for rotation of breaks
. Increased traffic control devices, such as, more cones at the site, and signs to prevent blocking
of intersections and driveways along 18th street
. Increased Recycling
. Emphasis on load restrictions
. Recycling Grant (Department of Ecology) $5,OOO/year for 2002 and 2003
"',
Advertising for 2002
. Peninsula Daily News, Sequim Gazette, Forks Forum
. KONP Radio, Public Service Announcements
. Channel 21, Channel 3, Peninsula News Network, and Utility bills
. Flyers
177
Benefit Dump Day
Page 2
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T bIlL d d T S
a e - oa an onna2e ummary
ORIGIN LOADS TONS
( estimated)
City of P.A. 692 279
Sequim 185 74
Forks 34 14
East County 381 153
West County 152 61
Totals 1,444 581
(Weighed approximately 42% of the vehicles weighed)
AGENCY
Employee Hours Equipment Hours TOTAL COST
8
9
.
Waste Management
Clallam County
City Staff
City Equipment
$ 430
Table 3 - vertlslD2 ost
Agency Number of Ads Costs
Peninsula Daily News 4 $ 654
Forks Forum 2 $ 200
Sequim Gazette 2 $ 264
KONP Radio 12 $ 79
Peninsula News Net 20 $ 250
Total 40 $ 1,447.
Ad
C
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178
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Table 4 - Event Costs
Components Costs Reimbursement
Tipping Fees (not collected) $44,631 $0
*Employees and Equipment $ 3,280 $1,230
** Advertising (Grant) $ 1,447 $1,085
**Freon (Grant) $1,947 $1,460
**Tire Recycling (Grant) $ 1,500 $1,200
Total Cost $52,805 $4,975
Expenses reimbursed to the City by Department of Ecology grant.
* The City will receive 75% of $1 ,640 associated with recycling.
** The City will receive 75% of the costs associated with recycling.
City of Sequim: The City of Sequim sponsored a week- long ( 5 days) community clean up. Sequim
has an agreement with the City to discount 20% of the tonnage fees. Sequim disposed a total 76.53
tons of materials at a discounted cost of $4,821.
The Port Angeles Food Bank received a cash donation in the amount of $2,800 and 550 pounds
of food.
Recommendation for the 2003 Benefit Dump Day:
. Additional traffic signs at entrance
. Discourage yard waste disposal
N:\PWKS\SW ASTE\dump day report 2002_A.wpd
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~...c ou~nty~ Hu~mane So~ciety Monthly Report CATS 2002
_Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee YTO
ACO Stray Cats 3 6 9 10 28
ACO Gift Cats 0 0 0 4 I 4
PA Citizen Stray Cats ~ 3 4 21
PA Citizen Surr. Cats 14 j6 10 13 43
SIO Truck Stray Cats _~_ 11 11 18 50
~~ruCk Surrender Cats ~ '4 0 0 6
SeqUlm Aco Cat Strays 2 11 3 6 ~ . 22
Seq. ACO Cat Surrenders -fo--__ 1 0 21 __ ___ ___. 22
County Public Stray Cats -----t12- 10 22 11 55
County Public Surrender Cats 19 14 17 16 66
Cats Left at Shelter 23 20 13 18 74
----
City Adopted Cats 9 12 5 4 30
-- --,--
County Adopted Cats 11 10 10 13 44
LAS RTO Cats 0 0 1 0 1
PA ACO RTO Cats i 0 0 2 0 2
PA Citizen RTO Cats 2 6 0 0 18
SIO County RTO Cats ~ 9 1 0 -- 137
SiWuim RTO Cats 0 0 0 0 0
CODnty RTO Cats 1 4 0 0 5
LOWer Elewha RTO Cats 0 1 0 0 I 1
PAACO Cats PTS 3 1 5 7 16
Pa Citizen Cats PTS 21 7 7 6 41
SIO Impound Cats PTS 8 6 4 5 . ,23
County Cats PTS. _ 11 19 15 45
LAS Shelter Cats PTS 19 14 7 ,9 I 49
-
PA ACO DOA Cats 0 2 1 0 3
PA Citizen DOA Cats ------[__ ~-0--- 0 --- -- e--- --- 3
SIO County DOA Cats _ 3 5 6 3 ==1=7
LAS DOA Cats_ 1 0 1 2 _-'- 4
PTS/SicklFerellOther Cats' 8 12 14 21 ~- _____ _ 55-_______
Total !ncoming Cats __-'---__~- 88 88 ~~'!..----_+-- +_____ 391
Total Adopted Cats ____/20 22 15 .17 74
Total Cats PTS - ~ 39 42 63 195
Total DOA Cats 5 '8 10 3 26
-
Total RTO Cats 30 19 4 0 53
PA Citizens Other Animals 0 0 1 0 -- ----r-===--__ ~_ 11 _
6:u~~; A~~e~~~~~~:mals--..----.---..---t~------~ +--f---+-----i-- -'--. - -----f-------,--------r--+--------
LAS Other Animals.. T :::I: *- -,~, - ~ ----=t::.--.-I::~--m-----
lle.9"irnOtherAnim.,~_______________!_-~L f-+. --_I =r_L_T_~_-.-J ~ 1'3._
i 421! 3751 351! 4201 'I I I ! ! A r:C"7
~ii,~~.ilf!~~~ll~xi;~ETY MONTHLY REPORT DOGS 2002
~JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD
ACO Stray Dogs 7 4 9 19 39
ACO Gift Dogs 0 0 0 0 0
P A Citizen Stray Dogs 7 4 8 5 24
PA Citizen Surr. Dogs 11 5 7 11 34
---- --
5/0 Truck Stray Dogs 17 20 25 12 74
S/O Truck Surrender Dogs 7 1 3 4 15
Sequim Aco Stray Dogs 2' 4 3 0 9
Lower Elwha Incoming 3 3 3 1 10
County Public Stray Dogs 20 8 11 7 46
County Public Surrender Dogs 24 15 23 22 84
--
Dogs Left at Shelter -+ 9 8 9 12 38
City Adopted Dogs 13 14 4 9 40
County Adopted Dogs 26 19 17 24 86
-- ----- ----- --- 1---- -- t------'---- ----
Co. & Other LAS RTO Dogs 5 4 1 4 14
- --
PA ACO RTO D09S 2 2 4 16 24
PA Citizen RTO Dogs 4 6 5 2 17
5/0 County RTO Dogs 7 9 11 7 34
Sequim ACO RTO Dogs 0 0 2 0 2
t:bwerElwha RTO 0 2 1 0 3
~S PTS Dogs -
1 1 6 7 --+- 15
PA ACO Dogs PTS 1 1 0 1 3
PA Citizen Dogs PTS 14 2 1 6 23
County Dogs PTS 29 14 20 9 72
- - -
LAS DOA Dogs 1 1 0 0 2
-
PA ACO DOA Dogs 1 2 0 0 3
PA Citizen OOA Dogs 1 1 0 0 ~ --
2
c--- I
510 County DOA D09S_____~ ------1 -:it-1~-- I 4
-- ,
5/0 ACO Quarantine Dogs _ 0 0 0 --.--9. --t-- t--- 0
PA ACO Quarintine Dogs 0 0 0 0
--
Other Quarantine Dogs. 1 0 3 4
~~~I~~::~~~u~~~~er -----~------~-10Y---7i~- 1 O~'-- 9;~-~~1----- ~-- --~--L-- -- 14
1------- -----
I 373
- ' -- ~---~-
Total Adopted Dogs __ 39 33! 21 33---+-__ 126
Total Dogs PTS 45 17 26 26 I -t 114
Total DOA Dogs 1 5 1 iJ-- += 8
1---
Total RTO Dogs - - 18 23 31 49 ----- 121
Complaints Handled cou"-tY~-==.L_Jl~ 2r-- , - _______ -- --- ==t-- ---.-
--- ----- 13
-- c--- --__ :..----
Other anumals handled: 1 rabbit,2Iguanas, 1 goat, 1 guinea pig I i
.
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~ORTANGELES
WAS H I N G TON, U. S. A.
DEPARTMENT OF COMMUNITY DEVELOPMENT
DATE:
May 21,2002
To:
Mayor Wiggins and City Council Members
FROM:
Sue Roberds, Assistant Planner
SUBJECT:
Department of Community Development
Planning Division April, 2002 - Monthly Report
CURRENT PLANNING ApPLICATIONS:
Bed and Breakfast Permit
Boundary Line Adjustments
Conditional Use Permits
Conditional Use Permit Extension
Environmentally Sens. Areas
Home Occupation Permit
Minor Deviations
Municipal Code Amendment
Parking Variance
Retail Stand Permit
Rezone
Shoreline Substantial Development Permits
Shoreline Exemptions
Short Plat
Street Vacation
Subdivisions
Variance
Wetland Permits
Appeal of Short Subdivision Decision
MONTHLY SUBTOTAL
o
o
2
o
4
o
o
o
o
o
1
2
1
1
o
1
o
o
1
SEP A ENVIRONMENTAL POLICY:
Determinations of Non Significance
Determinations of Significance
Mitigated Determinations of Non Significance
DEVELOPMENT REVIEW APPLICATIONS:
Building Permits
Clearing and Grading Permits
Forest Practices (Class IV Conversions) 183
3
o
o
12
o
-1L
28
YEAR TOTAL
1
2
3
2
6
o
o
o
o
1
4
2
1
4
o
1
1
o
1
9
o
o
27
5
..Q..
70
--
CATEGORY JAN. FEB. MAR. APR. MAY JUNE JULY AUG. SEPT. OCT NOV. DEC. ....,.~~'Il1l',I)..<f'.D i;''ji!~l!l!!1ri .Ill'!'i;;
RESIDENTIAL-NEW 1<.
MODULAR / MOBILE 1
..........................v'Biue......................... ................................ ............................ ............................. .....$S..;;-840...... ............................. ............................... ............................ ................................ ............................... ................................ ............................... ..............................
SINGLE FAMILY 1 2 4 3 ............................. ............................... ............................. ................................ ...-.....-................. ................................ ....-........................
................-.......v'Biue...-................... ......$'i"4Ci;'0.79....... ...$2..i.7;',35..... ....,fi,'l{39S.... ....'209;.09S.... ..............................
MUL TI-FAMIL Y ................................. ...-...................-.. ..-............-.....-... ..-.....-................ ...........-............... .......-..-.................. ............................ ................................ .............................. ................................ .............................. ......-......................
....-........-.......v'Biu;;............-..........
ACCESSORIES 1 ............................ ...-.............--.. 5 ...............--.......... ..-........................ ......................-... ................................ ............................... ................................ .............................. ..............................
..........................v'Biue........................ .........$.7;.000......... .....$4S;'076..
'" r
.t .,
COMMERCIAL-NEW
RETAIL ............................ ....._.........._........~ 1 .__._.................~.. ............-............... ............................ ................................ .............................. ................................ ............................... ..............................
..........................v'Biu;;......................... ................................ "'7iia;'ixiir'"
HOTEL/MOTEL ............................... ...~........................ ............................. ...................-.-.. ............................. ............................... ...............-......... ................................ .............................. ................................ .............................. ..............................
..........................V8iue......................... ,.
OFFICE 1 ............................ ......................~...... ............................. ............................... ............................ ................................ .............................. ................................ ............................~.. ..............................
..........................v'BiU';......................... ................................ ....$2s'O;oo7r..
DRINKING/DINING ................................ ............................ ............................ ............................ .....-..................... ............................... ............................ ................................ ............................... ................................ ............................... ..............................
..........................v'Biu;;.........................
AUTO/SERVICE ................................ .......-.................. ............................ ............................ ............--......... ............................... .........-............... .....................)........ ............................... ................................ ............................... ..............................
.........................v'Biu;;.........................
INDUSTRIAL ............................... ... ........ .. ...... ................. .............................. ................................ ........................ ............................ ........,....................... .............................. ................................ ............................... ..............................'F
..........................viiiue.........................
PUBL~ - NEW
SCHeelS/HOSPIT ALS 1 ............................ ............................ ............................ .............................. ............................... ............................ ................................ ..-......................... ................................ ............................... ..............................
...................jiftiiiiue......................... .......'20;OOCr.......
.................._~!!S!:!~~................. 1 ............................ ............................. ............................ ............................. ............................... ............................ ................................ ............................. ................................ .............................. ..............................
Value .......,.'2.000........
RECREATION ................................ ............................ ............................ ............................. ............................. ................................ ............................ ................................ ............................... ................................ .............................. ..............................
..........................v'B;ue......................... ;_~'~~~~ '><\~:;;,)f:':~%.~:~!s
REPAIR & ALT.
RESIDENTIAL 37 26 47 44 ............................... ....-..................... ................................ ............................... ................................ .............................. .........................-...
............................................................... ......";'130;.625..... .....,85;035...... ....1'2.3.6;93..]"'... ....;23'9;'4'1'8..... .............................
VlIlue
COMMERCIAL 11 8 10 11 ............................. .......;.................- .......-............-. ............................- .............................. ................................ .............................. ..............................
.........................viiiu;;......................... .......$5;;;-94'1"...... .....'.;.'6;72'0...... ....'$52;'687...... ....,Tii'f5ST"
PUBLIC 1 4 2 2 ..-............-........ ...............-........... ............---....... ................................ .............................. ................................ ..............-.............. --.......-.......-..
.......-...............Tii"lie...................-... ......$250,000...- .......is;.442....... ''',Ti6,sOir'' .......i'ii;?jOfi"...
DEMOLITION' MOVE _...........1................ 1 ............................ . 1 ................-.-...... ...----...... .....-.................... .............-...-......... ...................--..... ..-........................... .............................. ...................~_.._.
.....--....-....v'BiUe-..............- $500 ........$.500......... ........fCsOii-.
, , ~
"
THERPERMIT
R / W CONSTR. 7 3 3 6 -......-.-- .....-.....-.. ................-......... ..........-.................. .............................. .........~.._......_...... ........................-. ...................-....-..
............_.......Re've,jiie......~_.._..... ........;..f;55......... '''''''';32''0'''-' ..-$"i'35......... ........$47'0.........
NEW WATER SERVo 5 2 ._....~._.._... 5 -.....-...-- -.......-..- ...........--......... ................................ .............................. ...-.......-............. .............................. .....................-...
..................-ii;;;;;,'iie...................... ........$3..79i,-..-. ....7;:-280.._. 11.665 ...."1'f99'O..-. "
NEW SEWER SERVo 6 1 2 4 .......--......--.. .---..-............. ...._..~.._.. ......................--... ..........-.................. .......-....................-. --.....-........-. ............................
.......................jiiev;;;,u;..................... .......$'1;..825..-... ..........$;;S-.- ...-mo......... ........ii:'6S0......
:i .,"~
Applied 72 Issued 68 9 plete
.
.
.
CITY OF PORT ANGELES
PUBLIC WORKS & UTILITY DEPARTMENT
MONTHLY REPORT
APRIL 2002
WATER DEMAND
RAINFALL
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JAN
MAY
JUl.
NOV
SEP
MAR
OCT
DEe
Fee
.... JUN
Aoo
CJ 2001 _ 2002 - 10 Year Averag.
o 2001 . 2002
AVERAGE DAILY WATER DEMAND
RAINFALL DATA (Inchn)
10 YR AVG. TOTAl TO DATE
THIS YR TO DATE
RECORD HIGH THIS MONTH
RECORD LOW THIS MONTH
AVERAGE ELECTRICAL USE
10.03
28.02
4.08
0.12
LAST YEAR TO DATE (M Kwh)
THIS YEAR TO DATE (M Kwh)
61.4103
56.7631
LAST YEAR TO DATE (MG)
THIS YEAR TO DATE (MG)
SEWER/STORM SYSTEM MAINTENANCE
SEWER SYSTEM JETTED
Mot(JM ~f1'l 'tR..
14,386 18,216
TEMPERATURE
STORM DRAINS JETTeD
SYSTEM TV INSPECTED
670
683 2.136
I TOTAL LANDFILL DISPOSAL I
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CJ 2001 _ 2002 ._- 10 Year Average
ELECTRICAL USAGE
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LANDRU ANNUAL TONS
THIS YR TO DATE (TONS)
lAST YR TO DATE (TONSI
",'
o 2001 . 2002
185
ff'OIi7.04~
"o~"
PUBLIC WORKS & UTILITY DEPARTMENT hii "-
MONTHL Y REPORT ~ '{I
APRIL 2002 ~Ai'"
I WATER , I SOLID WASTE I
RECYCLING:
Installed 5 new water services Benefit Dump Day, benefit Port Angeles Food Bank
Repaired 8 water service leaks Recycle report for SW AC
Water main extension on Fountain and "C~ Streets
Replace 4 inoperable water meters
Repaired 1 tv.oo-inch water main COLLECTIONS:
Repaired 1 two inch main line valve Total 90s placed for conversion: 1869
Serviced air/vacuum valve Requests for recyling services in conversion area: 291
Opened plugged culvert on Morse Creek transmission main Special collections due to conversion: 16
Repaired 20~ transmission main and 24~ valve Special Collections: 92
I WASTEWATER COLLECTION I I STREET I
AlC repair :utility cuts
Staff attended flagging re-certification course Demonstration of Asphalt Zipper
Pulled pump to repair outlet pipe Curbs and sidewalks at various locations
Cleaned debris out of manhole with vactor truck Ediz Hook erosion damage, fill hole
Assisted Street Division with street grinding project Install parking bumpers at Ediz Hook
PS 4. 5, 6 and 10: preventive maintenance Install siding on Light Ops building
Repair vandalism at Fine Arts Center
Plastics for land markings and crosswalks
I I Signage and traffic control devies for fishing derby, Free Dump Day,
WASTEWATER TREATMENT Jazz Festival, Bike Race, Mustang Show and 20~ watermain break
NPDES monthly report showed no violations layout and paint for parking on Ediz Hook
Sampled monitoring wells at the Landfill Monthly safety meeting
Installed rebuilt pump in PS #2 at the landfill leadership Training Class - Customer Service
Biosolids for land application to Baskin's farm
Final loads of septage from Makah lagoon were processed
01 grol.!ndwater final report to Clallam County and DOE
Annual wasteload assessment and infiltration/inflow report to DOE
I ENGINEERING I
FranCis Street Park construction support
I EQUIPMENT SERVICES I Cro'Wfl Park design support
Work Orders: 148 Circuit Switcher design contract support
Service Orders: 65 EI'Nha Dam removal mitigation support
#0086 Police Car, replace window and door assembly I & I Pilot Program support
#0825 Fork Lift, muffler, carborator Gateway Project design support
#1562 Street Sweeper, gutter broom motor.lightbar High Zone Reservoir support
#1603 5 Yard Dump Truck, build spread apron Laurel Street Slide Repair support
#1890 Mower, install switch and "Hiring hamess SCADA Phase II support
#1905 Refuse Packer, engine and refuse arms Waterfront Trail: Rayonier to Lee's Creek design support
#1911 Refuse Packer, hydraulic repair Signal design: 5th and Race
#1915 Landfill Compactor. hydraulic. ladder Water/Sevver Engineering Consultant hired
#1506 Mower, cutter teeth Black Diamond Reservoir Cover construcUon support
Carnegie library design support
Stormwater Utility formation support
I LIGHT OPERATIONS I Ranney Well SurgeTank replacement support
Cleaned up after wind storm Del Guzzi subdivision support
Cui trees in problem area Fire Hall roof repair support
Repaired Morse Creek road Front Street sidewalk design
ISEW negotiations Lauridsen Blvd. sidewalk design
-I- Street stclewalk design
- Survey support for Parks & Recreation Department
2002 Electric Design Contrad support
Peabody Reservoir Cover Design support
Pump Station #2, 5 & 6 design support
Parametrix engineering contract amended
CH2M Hill Engineering contract amended
.
.
.
186
187
Mission Statement:
In partnership with our community, the Port Angeles Police
Department recognizes its mission to serve in a compassionate,
courteous, and professional manner, to promote freedom and peace of
mind, pride in our neighborhoods, and the safety of our families.
.
~
arrest warrants for burglary,
manufacturing a controlled substance,
possession of drugs, unlawful possession
of firearms with a silencer, criminal
mischief (vandalism), and theft.
Officers also discovered a pistol and
several rifles in the room with the
suspect. Continuing the search, officers
located a small, portable meth lab, including
several large jars filled with a white crystalline
powder which tested positive for pure ephedrine
(a controlled chemical), used to manufac~e
methamphetamine. As officers were searching
the room, several local residents came to the
room and were detained. 30-year-old male
citizen of Port Angeles was found to be in
possession of a semi-automatic handgun. The
man, a convicted felon, was arrested for
possessing the weapon and it was also
discovered that the gun had been reported stolen
out of Bremerton. A handgun was also taken
from another visitor (the legality of her
possessing the .45 cal semi auto handgun is. still
under investigation). There were two vehicles
parked at the motel that were associated with the
female suspect and her companion. Officers
quickly discovered both vehicles had switched
license plates on them and that they were both
stolen vehicles. Officers seized a white, 1988
Chevrolet pickup truck and a red, 1994 Jeep
Cherokee. The components of the meth lab were
also seized and detectives with the Olympic
Peninsula Narcotic Enforcement Team assisted
police in evaluating contamination and health
risks while also processing the items for
evidentiary value. All indications are that the lab
was in the initial stages of development and had
not reached point where highly toxic by':products
are produced.
On 04/08/02, at approximately 9:30
AM., patrol officers were dispatched
to a report of a burglary at 415 South
H Street. The home was vacant and
owned by a lady who lives in Sparks,
Nevada. The residence was forcibly
entered by the perpetrator who
climbed through a garage window and forced
his way past the dead bolt lock on the garage/
house door. Officers discovered a T.V.,
VCR, and a fax machine had been stolen.
Additionally, the perpetrator left the water
running inside the residence and turned all
the heaters on. He also burned personal items
belonging to the owner. After learning that a
subject had been recently evicted who and
had a personal relationship with the home
owner officers focused their investigation on
,
the ex-renterlboyfriend. Officers located the
man in his trailer at the Welcome Inn Trailer
Park on Highway 101, where they recovered
the T.V., VCR, and fax machine.
A 41-year-old man was taken into custody
and booked for residential burglary and theft.
.Also on this date police responded to The
All View Motel on a call regarding the
discovery of some suspected drug
paraphernalia. Patrol officers Scairpon ~d
Kuch arrived at the motel and after observmg
numerous items. related to the use of illicit
narcotics, they obtained a search warrant for
the room in question. With the assistance of
Corporal Penninger, police contacted one of
two people that were occupying the motel
room. Officers arrested a female resident of
Seattle when it was discovered she was
wanted by authorities in Oregon . and had
.
.
I
188
.on 04/27/02, at approximately 1 :30 a.m.,
mployees of Albertson's reported an intoxica!ed
man leaving their parking lot. The suspect had tned
to enter the store but was denied access. He
reportedly urinated in the parking lot before speeding
away from the business. One of Albertson's
employees followed the man to the Safeway store on
Lincoln St. Police arrived in time to witness the man
leave the store in his white, 1995 Saturn. The
suspect was yelling at a Safeway employee and
throwing items from his trunk into the parking lot.
The suspect then sped out of the parking lot with
police in pursuit. The suspect began a series of
evasive turns and shut off his car lights as he raced
down alleys and streets in an effort to get away :from
pursuing officers. Eventually, the suspect led police
to his residence in the 300 East block of 8th St.
When contacted, the 45-year-old man attempted to
further resist his arrest for D.U.!. but was quickly
subdued and taken into custody. He was booked for
driving under the influence and resisting arrest.
. On 04/28/02, at approximately 11 :00 p.m. police
.were summo?e~ to R~lroad.Avenue o? ~ report ofa
hit and run mCldent mvolvmg two VICtIms. Upon
arrival po lice learned that the suspect had driven by
a group of people in a parking lot in the 100 block
of East Railroad A venue. The suspect was driving a
blue, 1977, Chevrolet El Camino and as he passed
the group, he accelerated rapidly causing the car to
spray rocks into the crowd. The El Camino also
swerved sideways and struck Michael Degnan, of
Port Angeles. (Mr. Degnan was later treated at
Olympic Medical Center and released.) The suspect
then sped to the parking lot at the Landing Mall.
Friends of Mr. Degnan went to the parking lot to
confront the driver. William Morris, also from Port
Angeles, was walking toward the suspect's car and
was inside the crosswalk when the suspect suddenly
accelerated and drove right at Mr. Morris, striking
him and causing him to roll up over the hood and
into the windshield. After Mr. Morris fell off of the
car, the suspect fled. (Mr. Morris was also treated at
the hospital and later released. ) Police contacted the
suspect, a 21-year-old man at his residence on E. 8th
. St. where he was taken into custody for felony hit
and run and vehicular. assault.
UllY P..Y,
PlllIlllItUlA fOlllelllllTl.1lI
ATPAPD
Kelly is in the Criminal Justice Program at
Peninsula College and will complete his AA
degree this summer.
As an intern with the Port Angeles Police
Department, Kelly has completed 24 hours
observation with Pen Com and is currently
completing 100 hours with the Patrol and Detective
Divisions. He will then spend 16 hours each with
the City Attorney and Clallam County Corrections.
Four hours each at District Court, Superior Court
and Family Court. The intern then completes 62
hours in the Police Records Division. Peninsula
College awards five credits for serving as an
intern .
Records Supervisor Liz Zenonian Waud is the Port
Angeles Police Department Intern Coordinator.
2
189
Detective Cpl. Lowell and
Detective Jesse Winfield
Awarded Meritorious Service
Commendations
........
.. ..
.. .-
.. ..
.. ..
.. ..
.. ..
......
......
.. ..
. ..
.. ..
.. .
.. ..
.. .
.........
The Meritorious Service Medal is
awarded when the employee performs his/
her duties in a manner utilizing professional
applications of skill, knowledge, judgment,
experience and ingenuity in a high stress,
high risk situation.
Detective Cpt. Jack Lowell and Detective
Jesse Winfield responded with professional-
ism, self control, good judgment and quick
thinking to protect the lives and property of
citizens of Port Angeles with their immedi-
ate investigation and apprehension of a dan-
gerous subject who was in the process of
setting fire to the Federal Express Office at
the airport on February 2, 2002 .
Earlier in the evening the subject had set
flre to the Holy Trinity Lutheran Church,
the Port Angeles City Hall and attempted to
set fire to the Peninsula Daily News Office.
Detective Cpt. Lowell and Detective
Winfleld's exemplary performance speaks
highly of their dedication to the people of
Port Angeles.
Police department volunteers provided
116.5 hours of service during the month
of April 2002. Total hours for the year
are 158. Most of this was dedicated to
office assignments, sex offender notifi-
cations, vacation house checks, radar!
speed watch, and other services.
.
First Aid/CPR Refresher Class at-
tended by 39 Police Officers and
Comm unications Officers
A required first aid/CPR refresher course
was held on April 26 and April 28, 2002 at
the Port Angeles Fire Department and in-
structed by Duke Moroz, P AFD Para-
medic. Personnel attending the class were:
Sam Baughman Glen Roggenbuck Eric Kovatch
Tony Rife Steve Coyle Bob Ensor
Allen Brusseau Tom Bergeron Brian Raymond
Kevin Miller Deb Homan Ed Benedict
Karen Roedell Bruce Knight Jack Lowell
Tom Kuch Ed Schilke Cindy Johnson
Mike O'Connor Mike McCawley Glenn Wood
Donna Hamlin Terry Gallagher Mike Silva
Tyler Peninger Barb McFall Mike Hall
Jim Baertschiger Marilyn Blakefield Rick Crabb
Gerald Swayze Jodi Simmons Todd VanSickle
Glorene Hanson . Erick Zappey Vikki German
Kert Barber Steve Romberg
David Dombrowski
.
Officer Trainine
+On April 15, 2002 Officer Jason Viada received
his Advanced Taser Instructor CertifIcation. Of-
ficer Viada is authorized to train other officers in
the use of an Advanced Taser (EMD weapon).
This certification is good for two years.
II
Officers Mike Silva, Rik Scairpon, Lance King
and Cpt. Ed Schilke all received certification in
Advanced Taser Usage.
Il!!iI
Officer Barb McFall attended and successfully
completed Redefining Officer Survival, an 8
hour class in Recognizing Violent Behavior, Pre-
Incident Indicator of Assault, Peace Officer
Value System, Safe Tactics and Safe Response.
II
Officer Gerald Swayze completed 16 hours of
training and received certifIcation as an OC
Spray Tactics Instructor.
.
3
190
LAW ENFORCEMENT ADVISORY BOARD
ADril 24. 2002
Attendees:
Leland Lee, Chairman
Rod Anderson
Leonard Beil
David Brewer
Joe Girard
Jim Jones
Chuck Lisk
Dennis Wilcox
Sgt. Eric Kovatch
Lena Washke, Secretary
~
.
Call to Order: Leland Lee called the meeting to order at 6:37 pm.
Minutes: The minutes were approved as published
Communications and Letters: Letters were received by the Coast Guard and are addressed below.
Committee Reports: There were no committee reports.
Agenda Items
1. New Meeting Packet
Each Board member received a meeting information packet that will be available the Friday before each meeting. This will allow the Board to review any
information that will be discussed at the next meeting. Everyone liked this change.
2. Animal Control
The animal control ordinance has been revised. Corrections are being made to the ordinance, which will be forwarded to Dennis Wilcox and the Port Ange-
les City Attorney Dennis Dickson for final review. There have been major changes to the ordinance and the final product will closely match the regulations
ofClallam County and the City ofSequim.
3. Public Safety Committee
The information provided in the packet was reviewed regarding the issues addressed at the first Public Safety Committee meeting. There was some discus-
sion regarding the Airport Security. As of May 10th, the National Guard will no longer be stationed at the Airport. The Port of Port Angeles will be con-
tracting with the Port Angeles Police Department to provide security during all outbound flights. Our officers will be stationed there during these times.
The Federal Government will be reimbursing the Police Department for wages and the officers will be performing this duty during their off time hours.
.
4. Personnel Updates
Our new officers are progressing well through the 14 week Field Training Officer Program. Officer Scairpon is in week 10 and Officer King is in week 2.
This will be the last year of our DARE program as the funding has been ended.
5. Items from Members
There has been concern from the Parent Group at Stevens Middle School regarding traffic issues and speeding near the school campus, specifically near 14th
and D Streets. The parent group has requested from the City Engineering Division that a stop sign be installed at this intersection. They were told that there
must be a fatality before a stop sign could be installed. They were not happy with this response and have requested a meeting with a representative of the
Engineering Division and have asked Chief Riepe to also attend.
It was suggested that the Police Volunteers patrol the area during the end of the school day between 2:45 pm and 3:30 pm with the speed trailer and/or that
the new "car counter" machine that was purchased by the Police Department through a grant be used to monitor the traffic.
6. Coast Guard Racist Concerns
Recently Chief Riepe received a letter from Captain Peterson with the U.S. Coast Guard Group Port Angeles, which included a "Social Climate Incident
Report". This incident report addressed concerns regarding racism occurring in Port Angeles and was included in the packet for Board member review.
Captain Peterson forwarded this information to many agencies in Port Angeles and also discussed his concerns at a recent Chamber of Commerce Board
Meeting.
The Port Angeles School District along with Chief Riepe had a meeting with Captain Peterson discussing these concerns. The District is planning to make
available multiracial training for teachers and students.
One specific issue that was discussed is the so-called "Redneck Up" group of kids hanging around at local parking lots with confederate flags in their vehi-
cles. Having confederate flags and flying them is not against the law. When and if this group of kids does break any law, our officers will follow up with
investigation of the crime.
.
After further in depth discussion regarding all of the issues mentioned by Captain Peterson, the Board has the following opinions and recommendations:
;; The consensus of the Board is that this issue has been blown out of proportion.
;; Communication from the Board should be made to the Coast Guard indicating that hopefully in the future the Coast Guard Personnel will contact the
Police Department to report any such incidents. That the only way the Department can take any action is if any crimes are reported.
;; Follow up Chief Riepe's letter expressing that the Board unanimOusly agrees that racism should not be tolerated.
;; Recommend that patrol officers meet with Coast Guard enlisted members to address any concerns they have or to discuss any issues on a group level.
;; Invite a member from the Coast Guard to regularly attend the Law Enforcement Advisory Board as a guest.
;; It was also requested that a copy of Tom's response letter be forwarded to the Chamber of Commerce.
4
RE~10<>lVI A10ilJIXTlilJX"
.
PAPD CFS
(Calls for Service)
DISPATCHES FOR PAPD
COUNTYWIDE 911 CALLS
1599
1513
1 m Month 1120021
1 EJ Month 1120021
I EI Month II 2002 I
.
'. ElNItClR.CUj}l\!I.ENfE A.(3'IJI"MI'IJ'X[
2002 ARRESTS
347
79
26
Juvenile
Arrests for
month
J 'I Adult
uvenl e
Adult A t f Arrests for
rres s or Y
Arrests for y ear
Month ear
.
191
.
TRAFFIC VIOLATIONS
For The Month
25 22
20 17
15
11
10 7
4 15 5
5 .~ I I..:.
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en
2002 TRAFFIC COLLISIONS
600
500
400
300
200
100
o
149
ImAccidents for the Month _Accidents for the Year I
.
1~2
PART 1 CRIMES
.
Offense Current month Total for Year
Homicide 0 0
Rape/Sex Offenses 0 1
Robbery-All 0 2
Assault-Felony 0 14
Assault-4th 11 65
Burglary-Residential 5 30
BurQlarv-Other 3 17
Theft-Shoplifting 12 31
Theft-from Vehicle 5 67
Theft-from Bldg 10 49
Th eft- V eh icle 3 18
Theft-Other 14 44
Arson-All 0 1
Total 63 330
PART 2 CRIMES
.
Offense Current Month Total for Year
Resisting/Obstructing 1 13
Stalking/Harassment/Endangerment 5 18
UI BC/FraudlEmbezzle/Property 3 31
Malicious Mischief-Felony 5 22
Malicious Mischief-3rd 5 43
Weapons Violations 4 17
Crimes Against Child/Sex Offense 2 12
Drug Violation 8 34
Domestic - Verbal 2 11
DUI 4 33
Alcohol Violations 6 29
Violate Protection Order 3 18
Runaway 6 42
Miscellaneous/Other 6 27
Total 60 350
.
193
.
ANIMAL CONTROL INCIDENTS
For the Current Month
177 Calls
53
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.
Parking Ticket Statistics
Tickets Revenue Tickets Revenue Tickets Revenue
2000 2000 2001 2001 2002 2002
Jan 246 $2,225.00 128 $1,094 269 $1,070
Feb 292 $2,988.00 201 $1,426 271 $2,247
Mar 291 $4,611.00 310 $2,010 266 $2,697
Apr 219 $2,530.00 298 $2,850 236 $2,545
May 167 $1,885.00 445 $2,832
June 147 $1,850.00 223 $2195
July 290 $1,525.00 358 $2,990
Aug 259 $2,310.00 301 $3,390
Sept 130 $1,830.00 250 $2,433
Oct 260 $1,820.00 351 $3,171
Nov 201 $1,911.00 126* $2,265
Dec 84 $1,552.00 47* $1,128
Total 2586 $27,037.00 2991 $26,656 806 6,014
. * Parking Enforcement Officer on sick leave.
1~4 \
~ORTANGELES
WAS H I N G TON, U. S. A.
POLICE DEPARTMENT WASHINGTON STATE ACCREDITED LAW ENFORCEMENT AGENCY
COMMUNITY MULTICULTURAL TASK FORCE
May 8, 2002
While the number of reported racially motivated crimes in Port Angeles is low, the Port Angeles
Police Department wants to make it clear, as we have in a recent letter to the Coast Guard, that
we will, as we have in the past, aggressively, swiftly and thoroughly investigate complaints of
malicious harassment. And, where probable cause exists, we will arrest offenders, and
recommend that they be prosecuted to the fullest extent of the law.
I can say with certainty to all members of the community that the highly trained and professional
men and women of the Port Angeles Police Department are dedicated and committed to serving
all members of the community in a fair, and equitable manner, and believe that crimes against
persons, are reprehensible and should not be tolerated.
In October 2001 the Port Angeles Police Department adopted the Washington Association of
Sheriffs and Police Chiefs (W ASPCs) model policy on Biased-Based Policing. We adopted the
policy, in part, to let our community know, especially minority members, of our commitment to
them.
Since receiving a copy of the Coast Guard report on racism incidents (most of which were not
crimes) occurring in and around Port Angeles, we have met with the Coast Guard to discuss the
Commander's report and what we could do as a police department to help address the issues
raised in the report. As a result of the meeting, numerous Coast Guard personnel, including many
minorities, have signed up for our Patrol Officer Ride-A-Long Program. We are also scheduled
to participate in a Coast Guard training session this June. Additionally, we have presented our
nine-member citizen Law Enforcement Advisory Board with the Coast Guard's report and will
continue to work with the Coast Guard and other members of our community to make continuous
improvements in the quality of life in the Port Angeles area.
.
In conclusion, I would like to thank you for attending this meeting and reiterate to you that the
Port Angeles Police Department is committed, as a continuously learning organization, to
providing professional, fair, impartial, compassionate and empathetic police services to all
members of our community.
Sincerely,
J~e.{/~
Thomas E. Riepe
Chief of Police
.
32 t EAST FIFTH STREET - PORT ANGELES, WA 98362-3206
PHONE: 360-452-4545- E-MAIL: PAP195=:@CI.PORT-ANGELES.WA.US
FAX: OPERATIONS/COMMUNICATIONS: 360-417-4909 · RECORDS: 360-417-4537 . ADMINISTRATION: 360-417-455
.
.
.
Port Angeles
Fire Department
It is the purpose of the Port Angeles Fire Department to
improve the quality of life for the citizens and visitors of the
City while providing a broad range of services designed to
save lives and property.
April
Monthly Report
196
P AFD Monthly Report for April 2002
.
Operations 2000 2001 2002 % increase
or
decrease
over
prevIous
year.
Total number of calls to date 912 1,019 1,057 3.5 1
Total Medic I patient contacts to date 757 768 848 9.4 1
Total number of volunteer firefighters hour N/A 612.5 388.5 36.5 !
of service to date
Average daily responses per crew this mont 1 7.4 8.6 8.7 1.1 1
Operations
.
Marine Response. An agreement with Arrow Launch Services, regarding the Fire Department
use of Arrow vessels for emergency response within the Port Angeles inner harbor, has been
completed. Weare preparing to present the agreement to the Council for recommended approval.
.
· Electronic Billing. Working closely with the Finance Department, the Fire Department has
initiated a system for electronic billing for medical responses. The system is up and operating, the
first bills have already been processed. The new system is significantly more efficient than the
previous paper billing system.
Prevention 2001 2002
Fire and life safety inspections to date 454 393
PermitsIPlan reviews to date 14 28
Number of fire investigations performed to date 9 7
Number of public education contacts to date 15 1,067
Prevention
.
Inspections. The first of the large mill inspections was completed in April. A full day was spent
inspecting the Daishowa America paper mill. The K -Ply plywood mill will be inspected in late May
or early June. Due to their size and complexity, not to mention their importance to the community,
the mills are inspected annually by the Fire Marshal.
.
197
.
.
.
.
Head Start Smoke Detector Program. Local Head Start personnel, afterreceiving training from
the Fire Department, have installed 49 brand new smoke detectors in 33 local high fire-risk homes.
These detectors are now protecting 159 persons, including 93 children. This has been an
incredibly successful partnership.
· Fire Safety Talks. We have just finished the fourth in a series of fire safety talks for the residents
ofthe four largest County Housing projects in the City. Several hundred residents of The Manor,
Lee Plaza, The Terrace and The Villa received fire safety instruction. Several hundred children met
with firefighters during the annual Kiwanis Kids Fest.
Training 2001 2002
Career personnel: Total number of training hours to date 813 834
(21 career firefighters)
Volunteer personnel: Total number of training hours to date 336.5 440
(22 volunteer firefighters)
Number of citizens trained in CPR to date 90 111
Number of citizens trained in first aid to date N/A 70
Number of citizens trained in disaster preparedness N/A 80
Training
· CPR/First Aid. The Department has been providing CPR and First Aid training through the Medic
IT program. The classes have been very popular and are filling fast. Additional classes are being
added to meet demand.
· Emergency Management. A presentation on emergency management was provided for City
employees. The training covered response/preparedness for suspicious mail, fire and natural
disasters. The training session was held on April 4, 2002. Another trainIng session is being planned.
This session will be held after-hours so employees can attend with family members.
Department News
Technology. The Fire Department met with representatives from AT&T Wireless Communications. We
are exploring the availability of wire less technology for data transmission within the Port Angeles area. We
hope to be able to integrate wireless data transmission with hand-held personal computers. We will be
following up with AT&T to set up an actual test platform for this new technology.
Terrorism Conference. Dan McKeen and Joe Ciarlo attended a two-day terrorism conference in
Tacoma. The conference focused on inter-agency cooperation and the sharing of resources to effectively
manage a terrorism incident. 198
.
.
.
199
'..'
F"i-' iO"" 'R' iT' r~! ,,'" NiGr. IE' iLi- E' '51
! .J f.' j l ; t l ',' I > j
I PIP" " .,,. 1 , ,.,
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f .1 -
"" ...." ..... >
WAS H r N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
May 21,2002
To:
CITY MANAGER QUINN, MA YOR WIGGINS AND CITY COUNCIL
Dan McKeen, Fire Chief 0'-____
fuformation Only - An Overview of the Fuel Oil Spill :from the Liquid-Gas
Tanker Gaz Diamond into the City's Harbor on May 19, 2002
FROM:
SUBJECT:
INCIDENT OVERVIEW
On May 19, 2002, at approximately 6: 50 a.m., a fuel oil spill occurred during transfer operations on-
board the Panamanian flagged liquid-gas tanker Gaz Diamond. It was estimated that approximately
500 gallons of bunker C/diesel fuel oil mixture had gone into the Port Angeles harbor. The Gaz
Diamond was anchored in the harbor to take on fuel oil, then was scheduled to proceed to Kitimat,
British Columbia, to load ammonia.
After notification ofthe spill, a "Unified Command" structure was initiated to manage the recovery
efforts. Unified Command consisted of representatives for the ship owner, U. S. Coast Guard,
Washington State Department of Ecology, and the City of Port Angeles (see Attachment A). Also
represented in the oil spill recovery efforts is Clallam County Emergency Management, Clallam
County Environmental Health, Port Angeles City Departments, and Washington State Department
of Fish and Wildlife. All major decisions in managing the spill are agreed upon by each
representative within Unifi'ed Command through a consensus. This consensus process is used to
ensure that each representatives interest are taken into account during all major decisions.
During the afternoon of the spill, an aerial flight over the area recorded a observable sheen of fuel
oil just north of the tanker, concentrating along the inside ofEdiz Hook, from the Coast Guard base
west to the radio antennas. No fuel oil was observed outside the Port Angeles inner harbor (see
Attachment B).
Numerous oil spill response resources are being utilized to assist with the spill, including equipment
:from Foss Environmental, Clean Sound, and the Port of Port Angeles. In all, the response to date
includes approximately 65 personnel, 7 vessels, and 12,000 feet of containment boom.
The initial priority during recovery efforts was containment of the observable concentration of fuel
oil, with a secondary priority of placing protective boom near the environmental sensitive areas
Mike Quinn
Page 2
May 21,2002
within the harbor. Of interest, was the need to provide protective boom near the entrance of the
Daishowa canal to protect the Duck Derby which was scheduled the day of the oil spill.
On May 20, an aerial flight over the area located a couple "stringers" (isolated strands of an oil
sheen) north of Morse Creek, extending east for approximately one mile. These stringers were in
addition to the concentration of oil observed the previous day along the inside ofEdiz Hook. Three
oil spill response vessels were deployed north of Morse Creek to initiate recovery. Oil spill recovery
crews were also deployed along the inside of Ediz Hook.
On May 21, no fuel oil was observed outside of the Port Angeles inner harbor other than the
concentration of fuel oil contained in the protective boom along Ediz Hook. Clean-up crews are
continuing to conduct recovery activities along Ediz Hook and it is expected that this recovery effort
will continue for another four to six days.
A more formal incident overview/debriefing for the City Council is being planned at this time, with
the date to be determined with the next few days. The above overview will include participation by
each member represented in Unified Command.
DM/cw
(
On Water
Becky Crosby FES
Shores ide Cleanup
Chris Stadiem, FES
Disposal
Butch Underwood, FES
Decontamination
Tom Becker, FES
Air Operations
Curtis, Port Angeles
Incident Commanders
Drew Tucci (USCG)
Ron Holcomb (WDOE)
Howard Hile (GMS)
Dan McKeen (PA EMD)
Resources I Monitoring
Jim Haugen, MSRC
BM2 Clint Cavender, USCG
MST3 Lee Brittle, USCG
Documentation
Nannette Brooks, WDOE
Environmental Unit
Dale Davis, WDFW
SCAT/NRDA
Dan Doty, WDFW
Andrew Martin, Polaris
CPF
Contractors # Coordinator
Arrow 3 5 Jim Harmon
Clean Sound Coop. 5 Marin Streeter
Cowlitz Clean Sweep 10 Bob Hosner
Foss 25 Chris Stadiem
MSRC 1 8 Jim Haugen
Total Contractors 4 53
Federal
State
Responsible Party
Port Angeles
Attachment
A
Liaison
Joe Ciarlo. Cia EMS
Information Officer
Jim Borte Cia EMS
Finance
Nancy Gudonis, GMS
Facility Security
Derek Church, Arrow
CP
3
1
Field
5
4
Arrow Marine Service
Cia EMS=Clallam Emerg Mgmt.
FES = Foss Environ. Services
GMS = Gallagher Marine Services
MSRC = Marine Spill Resp. Corp.
PA EMD=Pt Angeles Fire IEmerg Mgmt. m
Polaris = Environmental consulting
Port Angeles
USCG = U.S.Coast Guard
WDOE = Wash. Dept. of Ecology
WDFW = Wash. Dept Fish & Wildlife
WWRC = WA. Wildl Rescue Coalition I WD
Other = Claims
Contractors
5
0.5
0.5
0.2
1
2
2
standby
1
.4
0.5
2
53
65.5
TOTAL PERSONNEL
20.2
Date I Time Prepared: Prepared by:
5 21 2002 13:41 Erich Gundlach
Organization Chart
Section Chief
5
Page No.
.. '
Attachment "B"
Oil observed next to beach inside of Ediz Hook
I
Oil observed just north of the tanker, concentrating along the
inside of Ediz Hook