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HomeMy WebLinkAboutAgenda Packet 06/16/2009 ~(k1 . ~ORTANGELES WAS H I N G TON, U. S. A. AGENDA CITY COUNCIL MEETING 321 East 5th Street June 16, 2009 SPECIAL MEETING - 4:30 p.m. REGULAR MEETING - 6:00 p.m. SPECIAL MEETING / EXECUTIVE SESSION at 4:30 p.m. - for consideration of matters as authorized by RCW 42.30.140(4)(b), issues in collective bargaining; RCW 42.30.110(1 )(i). litigation and potential litigation; and RCW 42.30.110(1 )(b), acquisition of real property. Note: The Mayor may determine the order of business for a particular City Council meeting. The agenda should be arranged to best serve the needs and/or convenience of the Council and the public. The items of business for regular Council meetings may include the following: A. CALL TO ORDER -REGULAR MEETING AT 6:00 P.M. B. ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC CEREMONIES/PRESENTATIONS & EMPLOYEE RECOGNITIONS 1. Port Angeles School District / Superintendents Dr. Gary Cohn and Dr. Jane Pryne 2. Pink Up Port Angeles Week 3. Korean War Remembrance 4. Trenia Funston - Public Service Retirement 5. Trina Nevaril- Peninsula College Bachelors Degree 1. Farewell & Welcome C-1 C-2 C-3 C-4 2. Present to Linda deBord of Operation Uplift 3. Present to Gerry Retella 4. Present Proclamation 5. Present Proclamation PUBLIC COMMENT. This is an opportunity for members of the public to speak to the City Council. To allow time for the Council to complete its legislative agenda, comments should be limited to no more than 5 minutes per person and a total of 15 minutes for this comment period. At the discretion of the Mayor, these times periods may be lengthened or shortened. Following any public comment, the Mayor may allow time, limited to five minutes, for response from City Councilmembers and/or City Sta . C. CITY COUNCIL COMMITTEE REPORTS D. WORK SESSION 1. 2010 Budget Preparations D -1 1. Conduct Work Session. E. LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS as determined by City Manager or Council member F. ORDINANCES NOT REQUIRING PUBLIC HEARINGS . NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK June 16,2009 Port Angeles City Council Meeting Page - 1 H. OTHER CONSIDERATIONS 1. William Share Memorial Pool District (WSMPD) Interim Agreement I. PUBLIC HEARINGS - QUASI-JUDICIAL (7:00 P.M. or soon thereafter) 1. Blare & Nyhus Rezone J. PUBLIC HEARINGS - OTHER (7:00 P.M. or soon thereafter) 1. Storm water NPDES Phase II Permit / Port Angeles Municipal Code Amendments Section 11, 13, and 15. 2. 2009-2015 Capital Facilities Plan (CFP) & Transportation Improvement Program (TIP) 3. Comprehensive Plan Amendments 4. Police Dept / Edward Byrne Memorial Justice Assistance Grant Pro ram / School Resource Officer Pro ram K. FINANCE L. CONSENT AGENDA 1. City Council Meeting Minutes of June 2, 2009; and Special Meeting Minutes of June 3 and 4,2009. 2. Expenditure Approval List from 5/23/2009 to 6/5/2009 for $548,262.10 3. Heckman Parking Agreement Amendment 4. DOE Shoreline Grant Inter/ocal Agreement 5. Dry Creek Bridge Project Construction Grant 6. Elwha Power Distribution Relocation, Change Order No.1 7. Server Room Air Conditioning, Project IT04-2006, Final 8. Krei Professional Services Agreement, Project 97-20, Amendment No. 13 9. Police De t Co Machine Lease A reement M. INFORMATION City Manager Reports: 1. Finance Monthly Newsletter - May 2009 2. Finance Investment Report N. EXECUTIVE SESSION O. ADJOURNMENT H-l 1. Approve 1- 1 1. Continue Public Hearing; 2nd Reading; Adopt J-l 1. 2nd Reading; Close Public Hearing, Adopt J-49 2. Close Public Hearing; Pass Resolution J-61 3. 2nd Reading; Close Public Hearing, Adopt J-73 4. Accept Public Comment / Approve L-l 1. Accept Consent Agenda. L-ll L-31 L-35 L-36 L-38 L-39 L-40 L-41 M-l M-3 PUBLIC HEARINGS Public hearings are set by the City Council in order to meet legal requirements. In addition, the City Council may set a public hearing in order to receive publiC input prior to making decisions which impact the citizens. Certain matters may be controversial, and the City Council may choose to seek public opinion through the public hearing process. NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE . MAYOR TO DETERMINE TIME OF BREAK June 16,2009 Port Angeles City Council Meeting Page - 2 ~ORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEETING I. CALL TO ORDER - SPECIAL MEETING: II. ADJOURN SPECIAL MEETING: III. CALL TO ORDER - REGULAR MEETING: IV. ROLL CALL: Members Present: Mayor Braun Deputy Mayor Wharton Councilmember Di Guilio Councilmember Kidd Councilmember Perry Councilmember Rogers Councilmember Williams Staff Present: Manager Myers Attorney Bloor Clerk Upton G. Cutler T. Gallagher D. McKeen N . West Y. Ziomkowski ~ ~ y( v' v' / *= ...; June 16.2009 jl &JJ~ 't ..at D. '71\ . I ~) ~.~ W{;$? D.'tt\. ~ I ') V. PLEDGE OF ALLEGIANCE: Led bY:~l1\~~ OIVlttn0/!..-l .:~~ · ]?ORTANGELES WAS H I N G TON, U. S. A. DATE OF MEETING: June 16.2009 CITY COUNCIL MEETING Attendance Roster LOCATION: City Council Chambers Name Address IV~ N 1'C- EXECUTIVE SESSION OJ a 11 Expected length of session: I (:) JI? r Is action expected following the session: $tJ < Date: ~ L{ ,t1 ~ /G · Only announced topics may be discussed · No final action can be taken in Executive Session · Discussions are confidential Reason for Executive Session: _ To consider matters affecting national security. ~ To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price. _ To consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price. However, final action selling or leasing public property shall be taken in a meeting open to the public. To review negotiations on the performance of public bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs. To consider, in the case of an export trading company, financial and commercial information supplied by private persons to the export trading company. _ To receive and evaluate complaints or charges brought against a public officer or employee. However, upon the request of such officer.or employee, a public hearing or a meeting open to the public shall be conducted upon such complaint or charge. _ To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. However, subject to RCW 42.30.140(4), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the ~alary of an individual employee or class of employees, or discharging or ,1. i I, disciplininglanemnloyee,'t4at actio'nsllaUbe1taken in a meeting open to the public. . _ To evaluate the qualifications ofa candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public. K To discuss with legal counsel representing the agency matters relating to agency ~forcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. Closed session under RCW 42.30.140: _ To discuss proceedings concerned with the formal issuance of an order granting, suspending, revoking, or denying any license, permit, or certificate to engage in any business, occupation, or profession, or to receive a license for a sports activity or to operate any mechanical device or motor vehicle where a license or registration is necessary; or _ Meeting of a quasi-judicial body relating to a quasi-judicial matter between named parties as distinguished from a matter having general effect on the public or on a class or group. _ Matters governed by chapter 34.05 RCW, the Administrative Procedure Act. ~, Collective bargaining session with employee organization, including contract negotiations, grievance meetings, and discussions relating to the interpretation or application of a labor agreement or a portion of a meeting which the governing body is planning or adopting the strategy or position to be taken by the governing body during the course of any collective bargaining, professional negotiations, or grievance or mediation proceeding, or reviewing the proposals made in the negotiations or proceedings while in progress. Time session began: Y.JO ~ PIh I In ~rance: II Ce- ,'1/ LIb, K-dtr- J(ld...J Y!/on#i& laz/~IJ C~~ ;1/~ <#1 ~~ ;- Was session extended by announcement: If so, when: Time session ended: ::;- ~ s0//J1 7 ./L7~ Mayor ' b~~. JAOn^ City Clerk 7 G:\LEGAL\Fonns\EXECUTIVE SESSION.061509.wpd PROCLAMATION In Recognition of "PINK UP PORT ANGELES" WEEK June 20 - 27,2009 WHEREAS, CANCER is a word that spreads fear throughout family and community, and WHEREAS, CANCER, is one of the most devastating words to hear from a health care provider; and WHEREAS, CANCER is a disease that has touched the lives of countless people worldwide; and WHEREAS, CANCER is a word that brings people together in love and support to fight and to find a cure; and WHEREAS, CANCER is a word, a disease, a warning, a threat, an opportunity for research and cure; and WHEREAS, CANCER is a war we are fighting and winning many rounds; and WHEREAS, CANCER is a word we want in the history book, to be feared no longer. NOW, THEREFORE, I, Gary Braun, Mayor, ON BEHALF OF THE CITY COUNCIL OF PORT ANGELES, do hereby recognize the week of June 20 through June 27, 2009 as "PINK UP PORT ANGELES" Week and join with the Soroptimist International of Port Angeles to invite the entire community to join together and dedicate this week to fight cancer through awareness, advocacy, and action. June 16, 2009 Gary Braun, Mayor PROCLAMA TION In Recognition of KOREAN WAR VETERANS REMEMBRANCE WEEK June 22, 2009 WHEREAS, the Korean War erupted on June 25, 1950, when the Democratic People's Republic of Korea Army (NPRK - North Korea) invaded the Republic of Korea (ROK - South Korea); resulting in President Harry S. Truman ordering U.S. troops to support the United Nations Security Council Resolution calling for member nations to give military aid to South Korea; and WHEREAS, more than 6 million Americans served during the Korean War, and 33,62910st their lives during that time with 2.5 million Americans serving within Korea of which 122,000 were from Washington State; and WHEREAS, 528 Washington State residents and 6 residents of C1allam County were killed in action between 1950 and 1953; and WHEREAS, the Korean War hostilities began 59 years ago on June, 25, 1950; and WHEREAS, memorial services were held on June 23, 2008, commemorating the 58th anniversary of the beginning of hostilities and the 4th annual C1allam County Korean War Memorial Service. NOW, THEREFORE, I, Gary Braun, Mayor, ON BEHALF OF THE CITY COUNCIL OF PORT ANGELES, do hereby proclaim the week of June 22, 2009 as Korean War Veterans Remembrance Week and urge all citizens to join me in remembering the thousands of American service personnel who made the ultimate sacrifice during and after the Korean War. June 16, 2009 Gary Braun, Mayor WHEREAS, WHEREAS, WHEREAS, WHEREAS, PROCLAMA TION In Recognition of THE PUBLIC SERVICE OF TRENIA FUNSTON June 18, 1979 - June 30, 2009 Trenia has served the City of Port Angeles in exemplary fashion for over 30 years, as an Engineering Aid from 1979 to 1994, as Permit Technician until 2005, and currently as Engineering Specialist and customer service lead in the Public Works & Utilities Engineering Division; and Trenia has been a tremendous value to the City, delivering outstanding customer service with a truly professional approach to our citizens, contractors, business people, and her coworkers in the field and in the office; and Trenia was awarded the Jim Abernathy Outstanding Public Service Award in the fourth quarter of 2000, at which time it was accurately noted that her quality customer service, honesty, integrity, open communication, and flexibility are well known attributes and an example for all to follow; and Trenia's dedication to the City, her thoroughness, compassion, and creatIvIty in assisting and helping others has been invaluable; she has been a fountain of knowledge, exhibiting excellent communications skills and her willingness to go the extra mile to resolve complex issues associated with right of way and utility challenges. NOW, THEREFORE, I, Gary Braun, Mayor, ON BEHALF OF THE CITY COUNCIL OF PORT ANGELES, do hereby RELUCTANTLY APPROVE TRENIA FUNSTON'S retirement and congratulate her on a long and dedicated career with the City. We wish her good health and happiness as she spends time doing whatever she feels like doing. Thank you for your outstanding service to the City and the community. Gary Braun, Mayor June 16. 2009 PROCLAMA TION In Recognition of TRINA NEV ARIL BACHELOR of APPLIED SCIENCE in APPLIED MANAGEMENT DEGREE WHEREAS, Trina Nevaril began her career with the City of Port Angeles as an intern while still in high school; and WHEREAS, she was hired as a full time employee in 1992 as an Accounting Technician I with promotion in 2008 to the position of Senior Accountant; and WHEREAS, Trina returned to school in 2007 enrolling in Peninsula College's new Bachelor of Applied Science in Applied Management curriculum which includes core courses in accounting, management theory, organizational behavior, strategic management, business statistics, and the legal environment for business with electives drawn from marketing, economics, management information systems, human resource management, technical writing, advanced accounting; and WHEREAS, along with working full time, added work responsibilities, increased work hours, and raising three small children, she was able to complete her degree within two years rather than the expected three years; and WHEREAS, It is most appropriate that we recognize her outstanding accomplishment and recognize the benefit of having this four-year degree program available right here in our local community. NOW, THEREFORE, I, Gary Braun, Mayor, ON BEHALF OF THE CITY COUNCIL OF PORT ANGELES, do hereby recognize the diligence and perseverance ofTrina Nevaril and congratulate her on her completion of her Bachelor of Applied Science in Applied Management, and I further urge all citizens to celebrate the importance of higher education, hard work, dedication and commitment to excellence. June 16, 2009 Gary Braun, Mayor II '";J'\ Ii (~1-J < -. CD ~ -C o -. ~ ,.... ~~~ / ~~ ~ ~~~ ~:S\) ~~~ 1l' ( i. ~! I... i~ /;r" (,/ \I\\)- t--i IJ"J; ;s- ~~~ >:l'>~ ~i ~~~ a~l ~ fl1.'. ~\'~ ~s~ ~9 L..<. ~ (~\ \ ~'7 ,....----- :P-QtITANGELES Recoin me..ndjt<l~S_t[eetscape'------,.., ~Ielne;;-ts for Council Approval~ . Steel vertical bar pedestrian rail - 55" to 6?" high - /,/ - WSDOT Stan~t~rd--hei9b.t is 5.4~~___-'-'// . -'Ho-fizon-taf'st;~1 angle with'-i~direct LED lighting - 43" high · Pole-top light posts - 17" high . Two viewpoints over western support leg . Electrical service at pier foundations for possible future lighting City cost of: $394,400 · Provide alternate bid for WSDOT Standard Design Questions & Answers (~\ , ~) ,....----- .. .--. t' I . -. . h . pofieGJ:1 ~ · What is the cost to the City for the Recommended Streetscape Design? WSDOT Total Rail $473,000 $651,400 Direct Lighting $105,600 $214,200 Indirect Lighting 0 $33,400 $33,400 (~ Viewpoints 0 $74,000 $74,000 (2 per bridge) ~~) '......,../ T ota I $578,600 $394,400 $973,000 ~RT.ANGELES ~ , ~) '......,../ . ~~ Standard WSDOT Rail ~ (~ T~) ,....--' F2RTANGELES (~\ ';"~7 '....-/ . ~ireGELES · What comments were received from the public review? - 2 comments were received · Viewpoint location and rail design should discourage people from dropping objects onto Truck Route · Prevent water/gravel from dropping onto Truck Route traffic lanes :. . ~ORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: June 16, 2009 To: CITY COUNCIL FROM: KENT MYERS, CITY MANAGER SUBJECT: BUDGET WORK SESSION This work session was scheduled to begin discussion on the 2010 City Budget. This discussion will be helpful in providing direction to City staff as we begin the process of developing the 2010 Budget. First of all, I have attached a 2010 budget calendar. I would like for Council to review and discuss this calendar to make sure this meets your needs. For example, it is important at some point to have public input into the development of the Budget. The Budget Calendar includes holding a Town Meeting during the month of July. But, exactly how and when do you want to solicit this . public input? Second, Yvonne and I have had several meetings with Councilmember Williams regarding the information that he needs during upcoming budget discussions. We will present an example of the information that he has requested and I would like some discussion on whether this same information would be useful to other Councilmembers. As we start the budget process, Councilman Williams would also like some discussion on questions such as the following · Who are we as a City? · Where are we headed? · Why do have certain City Departments? Please keep in mind that the annual City Budget is the City Council's primary policy tool for establishing your priorities for the coming year. With this in mind, it would be helpful during the early stages of the Budget process for the Council to discuss and approve some goals and objectives that you would like us to accomplish in the coming year. While our finances will continue to be very tight in 2010, it is still important for us to understand your priorities before we spend a lot of staff time developing a budget that might not be acceptable to you. Please let me know if you have any questions prior to the work session. . D - 1 2010 BUDGET CALENDAR DATE STAFF ACTION February, 2009 City Manager Capital Facilities Plan process begins. . Dept. Heads CFP Team April 21, 2009 Finance 151 Quarter Budget Review presented to Council. May, 2009 City Manager Finalize City Goals and Objectives. Council May 18, 2009 Finance 2009 personnel estimate worksheets to departments for review. May 29,2009 Dept. Heads 2009 personnel estimate worksheets returned to Finance. June 2, 2009 City Manager First public hearing on Capital Facilities Plan. Dept. Heads June 3, 2009 Finance Open Division Level in H.T.E. for budget input. Budget instructions and forms available on intranet. June 16, 2009 City Manager Second public hearing on Capital Facilities Plan. Dept. Heads Pass resolution on CFP. July 6, 2009 Finance 2010 personnel estimate worksheets to departments for review. July 7,2009 City Manager If needed, continue public hearings on CFP (then pass resolution). Dept. Heads July 13, 2009 Finance Close Division Level of budget. Open Department Level. July 20, 2009 Dept. Heads 2010 personnel estimate worksheets returned to Finance. July 21, 2009 Finance 2na Quarter Budget Review presented to Council. July 31, 2009 Finance Interfund charges finalized. July, 2009 City Manager & Town meeting on budget. Finance Committee August 3, 2009 Dept. Heads Finalize fees and service charges. August7,2009 Finance Finalize General Fund revenues. August 10, 2009 Dept. Heads Budget requests completed for all funds. August 10, 2009 Finance Close Dept. Level of budget. Complete revenue estimates for all funds. Prepare revenue and expenditure summaries for City Manaaer. August 14, 2009 City Manager Council to Finalize 2010 Budget Priorities. Council August21,2009 Finance Revenue and expenditure summaries due to City Manager for review. Aug. 24-Sept. 4, City Manager Internal budget reviews with City Manager, Dept. Heads. & Finance 2009 Dept. Heads (non-utilities ). Finance Sept. 7 -Sept. 11, City Manager Internal budget reviews with City Manager, Dept. Heads & Finance 2009 Dept. Heads (utilities). Finance Sept. 21-Sept. City Manager Final internal reviews with City Manager, Dept. Heads and Finance. 25,2009 Dept. Heads Finance October, 2009 City Manager Council Finance Committee meets to review budget. (A minimum of Finance and three or four meetings are needed). Finance Committee October 20,2009 Finance 3ru Quarter Budget Review presented to Council. October 18, 2009 City Clerk City Clerk publishes notice of public hearing (for two consecutive weeks) on: filing preliminary budget for November 2, 2009 revenue sources for November 3, 2009; and public hearing on final budget for November 17, 2009. November 2, Finance File preliminary budget with City Clerk. 2009 Preliminary budget document available to public. November 3, City Manager 2009 Budget Status Reports and preliminary budget amendment 2009 Finance estimates to Council. Public hearing on revenue sources and property taxes. November 17, City Manager Continuation of public hearing on revenue sources. 2009 Finance First public hearing on proposed 2010 Budget. Levy prodehv <axes. December 1, City Manager Second public hearing on proposed 2010 Budget. 2009 Finance Adoption of Final 2010 Budget. . . . FORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: June 16, 2009 To: CITY COUNCIL FROM: KENT MYERS, CITY MANAGER SUBJECT: WILLIAM SHORE MEMORIAL POOL DISTRICT - POOL OPERATION AGREEMENT Summary: The new William Shore Memorial Pool District (WSMPD) Board has requested that the City continue to operate the pool for at least the next several months while the Board is getting organized and reviewing possible changes. Recommendation: Approve a Pool Operation agreement, in a form substantially similar to the one attached, with the William Shore Memorial Pool District Board and authorize the City Manager to approve minor changes in the fmal form of the agreement and to sign a final agreement on behalf of the City. Back2round / Analvsis: The William Shore Memorial Pool District Board recently conducted its first meeting and addressed several organizational issues. At their next meeting they plan on selecting the fifth member, approving insurance and authorizing a short-term loan. While they are making a number of organizational and administrative decisions, they would like the City to continue to operate the pool. This will allow them to set up their organizational structure and review the current operations to see what changes they would like to make in the future. They also want to look at other pool operations such as SARS to determine how pool operations might be improved in the future. The attached agreement provides that the City will continue to operate the pool without major changes until December 31 unless the WSMPD Board decides to terminate the agreement before the end of the year. The WSMPD Board is required to reimburse the City for all costs related to this operation. The agreement also includes a conveyance clause so that the property will immediately be conveyed to the WSMPD Board. This includes the pool and an adjacent parking lot. H - 1 . AGREEMENT FOR OPERATION OF WILLIAM SHORE MEMORIAL POOL THIS AGREEMENT made this day of June, 2009, by and between the City of Port Angeles, a Municipal Corporation of the State of Washington, hereinafter referred to as "City," and William Shore Memorial Pool District, a Metropolitan Park District formed pursuant to RCW 35.61, hereinafter referred to as "WSMPD.," WHEREAS. the City owns the William Shore Memorial Pool (hereinafter "Facility") located at 225 E. Fifth Street, Port Angeles, Washington; and WHEREAS, pursuant to an election certified June 3, 2009 by the Clallam County Auditor, Clallam County citizens within the Port Angeles School District boundaries elected to form the William Shore Memorial Pool District to assume the operation and maintenance of the William Shore Memorial Pool for public use; and WHEREAS, the WSMPD is now beginning to organize itself as a new entity and does not have the staff necessary to operate the Facility; and WHEREAS, the City has the staff, resources, expertise and other qualifications necessary to operate the Facility until the WSMPD is capable of doing so; and . WHEREAS, the WSMPD has requested the City to continue operation and maintenance of the Facility until WSMPD is organized and capable of doing so, NOW, THEREFORE, in consideration of the mutual covenants and agreements specified herein, to be kept and performed by the parties hereto, it is hereby agreed as follows: 1. CONVEYANCE The City shall immediately convey to WSMPD, and WSMPD shall accept, that Facility. The conveyance shall be substantially in the form as the Exhibit A, which is attached hereto and incorporated by this reference. 1 . H-2 . . . 2. TERM The effective date of this Agreement is June 3, 2009. This Agreement shall terminate on December 31,2009, or on the last day of the month following the forty-fifth day on which WSMPD gives to the City written notice of termination, whichever occurs first. 3. RIGHT TO POSSESS AND OPERATE THE FACILITY During the term of this Agreement, the City shall have the exclusive right to possess, manage, and operate the Facility consistent with the terms and conditions set forth herein. 4. CITY'S OBLIGATION TO OPERATE AND MAINTAIN THE FACILITY For many years prior to execution of this Agreement, the City had continuously operated the Facility as a public swimming pool. Throughout the term of this Agreement the City will continue to operate the Facility as a swimming pool open to the public in substantially the same manner as the City has operated it in the past. Such routine maintenance may be performed, at the City's option, either be City employees or by contract. In the event the Facility requires atypical or exceptional maintenance or repair, or in the event of major equipment breakdown, the City will not undertake any repair, replacement, or remedial work, except as directed by WSMPD. 5. PAYMENT WSMPD shall fuily reimburse the City for all costs, charges, fees, employee benefits and entitlements, debts, obligations, and other expenses incurred by the City to operate and maintain the Facility from June 3,2009, through the last day of the term of this Agreement. The City shall have the right to retain all revenue from the operation of the Facility during the term of this Agreement, which revenue shall be a credit against the amount owed to the City. The City shall maintain accurate and appropriate bookkeeping and accounting methods and shall permit the WSMPD to review the records of expenses incurred in operation and maintenance of the Facility and of proceeds generated. Such records shall be made available to the WSMPD upon request during normal hours of business. For each calendar month during the effective term of this Agreement, the City shall deliver to WSMPD an itemized statement showing for that month all the costs and 2 H-3 expenses incurred by the City to operate and maintain the Facility. The amount stated in the invoice shall be due and payable to the City in full 20 days after the date it is delivered to WSMPD. . 6. INDEPENDENT CONTRACTOR RELATIONSHIP The relationship created by this Agreement is that of independent contracting entities. No agent, employee, servant, or representative of the City shall be deemed to be an employee, agent, servant, or representative of the WSMPD, and the employees of the City are not entitled to any of the benefits the WSMPD provides for its employees. The City shall be solely and entirely responsible for its acts and the acts of its agents, employees, servants, subcontractors, or representatives during the performance of this Agreement. The City shall assume full responsibility for payment of all wages and salaries and all federal, state, and local taxes or contributions imposed or required, including,but not limited to, unemployment insurance, workers compensation insurance, social security, and income tax withholding. 7. OPERATING CONDITIONS - the City shall comply with the following conditions: A. The City shall operate and maintain the Facility in accordance with the same policies and procedures as the City applied in operating and maintaining the Facility prior to the execution of this Agreement. . B. The City 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 City operates. C. WSMPD shall establish the fees to be charged to users of the swimming pool. In the event WSMPD does not establish a schedule offees, the City shall continue to charge fees as they were in effect prior to the execution of this Agreement. 8. MAINTENANCE/UTILITIES During the term of this Agreement, the City shall perform all regular and routine maintenance of the Facility, including the regular annual maintenance of the Facility currently scheduled to be done in July 2009. 3 . H-4 . . . 9. ALTERATIONS The City shall not make significant or substantial alterations or to the Facility or to the operations of the Facility without prior written consent of the WSMPD. 1 O. INDEMNIFICATION/INSURANCE A. Indemnification The City shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the operation and maintenance of the Facility during the term of this Agreement, except for injuries and damages caused by the sole negligence of the WSMPD. - B. Insurance During the term of this agreement, the City shall continue to provide and maintain liability insurance coverage for the Facility and for the operation of the Facility to the same extent and amounts and by the same means as the City had prior to the execution of this Agreement. The City is a member of a municipal governments self insurance pool. The parties acknowledge and agree that the coverage under the insurance pool satisfies the City's obligation to provide insurance as required by this Agreement. The WSMPD will maintain property insurance on the Facility. 11. ASSIGNABILITY Neither this Agreement nor any rights or obligations hereunder shall be assigned or delegated without the prior consent of both parties. 12. SURRENDER OF POSSESSION The City shall surrender possession of the Fadlity to the WSMPD at the expiry of this Agreement or in the event of termination of this Agreement. 4 H-5 13. NOTICES . Any notices required by the terms of this Agreement 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. 14. SUCCESSORS/APPLICABLE LAW The terms and conditions of this Agreement shall be binding on the parties hereto, their successors, administrators, and assigns, may only be modified in writing by all parties hereto, and shall be construed in accordance with the laws of the State of Washington. 15. WAIVER I MODIFICATION The waiver by the City or the WSMPD of any breach of any term contained in this Agreement shall not be deemed to be a waiver of such term for any subsequent breach of the same or any other term. The Agreement may be modified only by a written instrument executed by authorized representatives of the parties and approved by the WSMPD Board and the City Council. . 16. DISPUTES In the event of any dispute betwe~n the WSMPD and the City concerning the effect, interpretation, or application of this Agreement, the parties agree to make good faith efforts to resolve such dispute through direct discussions. If such efforts are unsuccessful, the parties agree to endeavor to settle the dispute by mediation. The mediator shall be selected by agreement of the parties. Following mediation, if either party gives to the other a written demand for arbitration, any unresolved controversy or claim shall then be submitted to binding arbitration. In that event, each party shall appoint one arbitrator, and the two arbitrators first appointed shall appoint a third. The three arbitrators shall then hear and decide the dispute. All fees and expenses for mediation or arbitration shall be borne by the parties equally. However, each party shall bear the expense of its own counsel,experts, witnesses, and preparation and presentation of evidence. 5 . H-6 . . . IN WITNESS WHEREOF l the parties have executed this Agreement on the date set forth above. WILLIAM SHORE MEMORIAL POOL DISTRICT BY: Title: CITY OF PORT ANGELES BY: Title: G:\LegaLBackupIAGREEMENTS&CONTRACTS\2009 Agrmts&ContractsIWSMPD.Pool Operations.OB0309.doc 6 H-7 . . . AFTER RECORDING RETURN TO: William E. Bloor, City Attorney City of Port Angeles P.O. Box 1150, 321 E 5th St Port Angeles, W A 98362 DOCUMENT: GRANTOR: GRANTEE: LEGAL DESCRIPTION: QUIT CLAIM DEED City of Port Angeles, a municipal corporation William Shore Memorial Pool District, a metropolitan park district Lots 12-16 and Lots 17-18, Block 169, Townsite of Port Angeles, Clallam County, Washington. ASSESSORS'S PARCEL NO: 0630000169400000,0630000169500000 QUIT CLAIM DEED The GRANTOR, CITY OF PORT ANGELES, a municipal corporation, for and in consideration of mutual benefits and other valuable consideration grants, conveys and quit claims to the GRANTEE, William Shore Memorial Pool District (WSMPD), a Metropolitan Park District, the real estate described below, to have and to hold for so long as a swimming pool open to the public is maintained and operated on the land, and when a swimming pool open to the public is no longer so maintained and operated, the land shall revert to the City of Port Angeles: Description of Real Estate: Situated in the County of Clallam, State of Washington, Lots 12-16 and Lots 17-18, Block 169, Townsite of Port Angeles, as shown per survey accepted per Commissioners letter "E" dated January 11, 1893, together with that portion of the south half of the vacated alley abutting said lots, vacated as per Ordinance No. 1172 adopted on October 9, 1946. Reserving under the GRANTOR, and its assigns, the permanent and perpetual right, permit, and easement in the lands heretofore described, to construct, reconstruct, alter, repair, make connections to, and maintain both above and below ground utilities including, but not limited to, water, sewer, and storm water facilities and their necessary appurtenances, through, over, under and across said Lots; also reserving to the GRANTOR the right to utilize Lots 17 and 18 for overflow parking for City Hall; and also reserving to the GRANTOR the right of vehicular ingress and egress across Lots 17 and 18 to and from Lots 1 and 2. Dated this _ day of June, 2009. CITY OF PORT ANGELES By: Gary Braun Mayor -1- Page 2 - Quit Claim Deed City of Port Angeles, Grantor \ WSMPD, Grantee By: Becky 1. Upton, City Clerk STATE OF WASHINGTON) ) ss. County of Clallam ) On this _ day of June, 2009, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared GARY BRAUN and BECKY J. UPTON, to me known to be the Mayor and City Clerk of the CITY OF PORT ANGELES, the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Notary Public in and for the State of Washington, residing at Port Angeles. My commission expires: G:\Legal_Backup\QUIT CLAIM DEEDS\WSMPD- QCD.060209.wpd -2- . . . . . . DATE: To: FROM: SUBJECT: ~ORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO June 16, 2009 CITY COUNCIL NATHAN A. WEST, DIRECTOR COMMUNITY & ECONOMIC DEVELOPMENT REZONE APPLICATION - REZ 09-01 BLORE/NYHUS-LoTS 18, 19, AND 20, BLOCK 441 TPA NORTHWEST CORNER OF 17TH AND C STREETS Summary: Consideration of a request for rezone of approximately 21,000 square feet of property located in the Commercial Neighborhood (CN) zone. Recommendation: Council should commence with the second reading of the proposed ordinance and concur with the recommendation of the Planning Commission by adoption of the attached ordinance citing12 findings and 5 conclusions attached as Exhibit A to the ordinance in support of the action. Backl!round / Analvsis: At a City Council meeting held June 2,2009, Council held a public hearing regarding the proposed rezone. Following the public hearing Council conducted the first reading of the attached ordinance and continued the item to June 16,2009. On May 13, 2009, the Planning COlmnission conducted a public hearing in consideration of an application to rezone propeliy from Commercial Neighborhood (CN) to Residential High Density (RHD). The Planning commission unanimously agreed to recommend approval of the proposed rezone. The property is located at the northwest comer of the intersection of "C" and West Seventeenth Streets and is owned by Brando Blore, Christina Nyhus, and Gladys Pressley. The staff report presented to the Planning COlmnission is attached for your infonnation. Staff is available to answer any questions. }\ttachrnents: }\ B REZ 09-01 Ordinance Planning Commission Staff Report I - 1 . ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, rezoning approximately 21 ,000 square feet of property from from Commercial Neighborhood (CN) to Residential High Density (RHD). WHEREAS, the City received an application to rezone approximately 14,000 square feet of property (Lots 19 and 20, Block 441, Townsite of Port Angeles) from Commercial Neighborhood to Residential High Density; and WHEREAS, during a public hearing conducted by the Planning Commission on May 13,2009, the Planning Commission determined that an adjacent lot (Lot 18) should be included in the rezone action to avoid a spot zone; and WHEREAS, the property owner of Lot 18 agreed with the rezone proposal; and . WHEREAS, the proposed rezone is consistent with the City's Comprehensive Plan; and WHEREAS, the requirements ofthe State Environmental Policy Act (Chapter 43.21 C RCW) have been met; and WHEREAS, the City Council, after conducting a public hearing and considering the Planning Commission's recommendation, finds that there have been changes in circumstances since the current zoning of the property was adopted, that the proposed rezone is in the best interest of the City and its citizens, and that the rezone is consistent with the Comprehensive Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN as follows: . -1- 1-2 The Findings and Conclusions marked Exhibit A, attached hereto, are . hereby adopted and entered. Section 1. Section 2. The Official Zoning Map, Ordinance 2801 as amended, is hereby amended to change the zoning of an area consisting of approximately 21 ,000 square feet of Lots 18, 19, and 20 in Block 441, (Exhibit B) Townsite of Port Angeles, from Commercial Neighborhood (CN) to Residential High Density (RHD). Section 3. The City Clerk is hereby directed to attach a copy of this Ordinance to the Official Zoning Map and to file certified copies with the Clallam County Auditor and Clallam County Assessor. Section 4 - Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This Ordinance shall take effect five days after its publication by summary. . PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 16th day of June, 2009. MAYOR ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: June , 2009 By Summary G ;\Legal_ Backup\ORDlN AN CES&RESOLUTION S\ORDIN AN CES.2009\I 3 - BloreN yhusRezone.052 709. wpd -2- . 1-3 . . Exhibit A Findin2S 1. On April 13, 2009, Christina Nyhus and Brando Blore submitted an application for rezone of approximately 14,000 square feet parcel from Commercial Neighborhood to Residential High Density. The subject property is legally described as Lots 19 and 20, Block 441, being Parcel # 063000044195. 2. The site is zoned Commercial Neighborhood (CN). Surrounding properties are zoned Commercial Neighborhood, Residential High Density, Industrial Light, and Residential Single Family Residential (RS-7). 3. The RHD zone (PAMC 17.15.010) is a high density residential zone for multi-family residential structures. Medium and high density uses can provide a transition between different land uses. This is often found between single family and commercial or industrial land uses. 4. The City's Comprehensive Plan Land Use Mapis the guiding document in determining consistency in zoning, and establishes a conceptual frame work for land use decisions. The Map designates the property as High Density Residential (HDR). 5. The Comprehensive Plan was reviewed in its entirety with respect to the proposal. The following elements, goals, and policies were found to be the most relevant to the proposal: Land Use Element goal A, Policies AI, A2, and objective 1; Goals Band C, Policies Cl, C2, C3, and C4, Goal E, Policies E2 and E5; Transportation Element Goal B, Policy 14. 6. A rezone proposal cannot be considered a spot zone if it meets the following tests: 1) the parcel of land has not been singled out for special and privileged treatment; 2) the rezone is in the public interest and not only for the benefit of the land owner; and 3) the action is in accordance with the Comprehensive Plan. 7. The SEPA responsible Official issued a Determination of Non-Significance on May 11, 2009. 8. The written public comment and notification period for the Planning Commission meeting ran from April 23, 2009, to May 8, 2009. No written comments from the public were received. The City received a phone call from Mrs. Gladys Pressley, the property owner of Lot 18, who indicated support of the addition of her property to the rezone proposal to CN. 9. Reviewing City departments did not comment on the rezone application. All City utilities and services are available to the site. The site is located on a City arterial street and can be accessed from improved rights-of-way. 10. Ultimate development of the subject property will require specific project review including issues such as access, noise, lighting, landscaping, and parking. 11. Housing and land use review have shown a demand for high density residential uses within the City that is not being met by current zoning. Windshield surveys indicate that a large degree of commercial areas remain vacant or are redevelop able for commercial use. 12. Discussion took place during the Planning Commission's public hearing of May 13,2009, that Lot 18, Block 441, TP A, adjacent to the west, is split zoned. If Lot 18 is not included in the rezone proposal and ultimately rezoned to RHD, one half of that lot would remain zoned Commercial Neighborhood with the remaining neighborhood zoning being . Residential High Density. 1-4 Conclusions 1. The rezone proposal is in accordance with the Comprehensive Plan and Land Use Map that designates the site as High Density Residential (HDR). . 2. The rezone as proposed is compatible with the surrounding zoning and land uses and will allow development of the site to the density that has been identified as desired for the area through the City's Comprehensive Plan Land Use Map. The rezone is therefore in compliance with the Comprehensive Plan, and is in the public interest. 3. The City's action on rezone application REZ 09-01 is consistent with the established procedures for amending the Zoning Code set forth in Section 17.96.100, Port Angeles Municipal Code. 4. Development plans will require utility improvement by the developer and will include street, walkway, and drainage improvements for subsequent development of the site. Site development will accommodate any impacts to the neighborhood that result from development to a high density use. 5. As proposed, the rezone action will eliminate a single lot spot zone that would otherwise have been created by the original proposal. . . 1-5 .; l:Q H ::r:: :x: ~ . It/) ...... o - ...... o (1) . .... .c ::s. tn ~ o I Q) o ~ ~ . . ,"-I 1-6 ~ORT.ANGELES . WAS H I N G TON, U. S. A. COMMUNITY & ECONOMIC DEVELOPMENT STAFF REPORT DATE: May 13,2009 TO: Planning Commission FROM: Scott K. Johns, Associate Planner RE: REZ 09-01 APPLICANT: Christina Nyhus & Brando Blore OWNER: Same LOCATION: Northwest corner of IC' Street and 17th Street . REQUEST: Rezone of approximately 14,000 square feet of property (Lots 19 & 20, Block 441 Townsite of Port Angeles), from Commercial Neighborhood (CN) to Residential High Density (RHD). RECOMMENDATION The Planning Division of the Department of Community and Economic Development recommends that a recommendation of approval be forwarded to the City Council for rezone application REZ 09-01, citing the 11 findings and 4 conclusions included in Attachment A. A map of the proposed rezone is attached to this application. THE PROPOSAL The applicant is requesting a rezone from Commercial Neighborhood (CN) to Residential High Density (RHD). The subject undeveloped property is legally described as Lots 19 & 20, Block 441, TPA. The subject site is located at northwest corner oflC' Street and 17th Street and contains two lots, 50 feet by 140 feet in size, for a total area of 14,000 square feet in area. Justification for the rezone is that the Comprehensive Plan Land Use Map identifies the site as being High Density Residential (HDR). Surrounding zoning and uses are high density residential, commercial, and industrial. Rezoning the site will bring the property into consistency with the Comprehensive Plan Land Use map designation and will not be in conflict with surrounding uses. . 1-7 . . . Adjacent property to the west, and 50-foot by 140-foot property, is also zoned Commercial Neighborhood. It would not be illogical to consider the lot in the rezoning application; however, the application did not include that lot (Lot 18, Block 441 TPA). If not rezoned, the lot, zoned CN, would remain surrounded by Residential High Density zoning. STAFF ANALYSIS Rezones are not for specific purposes and a rezone application must address all potential land uses allowed within a proposed zone. A rezone may not specifically benefit only one land owner. The proposal would reduce the commercial strip along 'C' Street by V2 block and increase the area of RHD zoning by an equivalent amount. Zoning designations in the vicinity: Commercial, Neighborhood (CN) to the north along the 'C' Street corridor and one lot immediately west of the subject site; Residential High Density (RHD) to the south and west Industrial Light (IL) to the east across 'C' Street; and Residential Single Family (RS-7) approximately 150 feet east off of the 'C' Street corridor Adjacent land uses include: A commercial operation (Angeles Millworks) to the east; Multi-family residential, including a group home to the west and south; A church to the north; and Single family residential uses surrounding those uses. The Comprehensive Plan Land Use Map designation of the subject property is High Density Residential (HDR). Previous studies and inventories oflands and land uses have shown that there is arelative shortage of high density residential to low density residential designated properties in Port Angeles. The most recent land use analysis in Port Angeles was summarized in the Community Profile Section of the Comprehensive Plan. This section states that there are 12 acres of buildable areas zoned high density residential multi-family lands, as compared to 491 acres of buildable areas zoned low density residential. The low density residential zoning designations comprise approximately 46% of the total land base within the City limits, as compared to 4% of the high density residential. Commercial areas comprise approximately 7% of the land base. These figures have changed since the last inventory was completed, however, no changes have occurred that would alter the numbers significantly. In addition to consistency with the Comprehensive Plan, the Planning Commission can determine that circumstances have changed since the time the present zoning was approved to warrant a rezone. In this instance, there is a demand for high density residential uses within the City that is not being met by current zoning, according to past studies. However, from random observance of existing commercial areas, there appears to be vacant or redevelopable commercial properties available. The City's Comprehensive Plan goals and policies encourage a variety of residential opportunities and densities within a community of viable districts and neighborhoods, creating the desired urban design of the City where housing is available and affordable. Both medium and high density housing should be located where a higher density concentration of residents is compatible with the surrounding area. This should include areas of the community that are most suitable for such uses, 1-8 based on existing services and public facilities, including transportation. In addition, the Comprehensive Plan notes that medium and high densities could be a transitional use between different land uses. This is often found between single family and commercial or industrial land uses. . As required by the Zoning Code, certain criteria are required to be met for the approval of rezones, which includes consistency with the Comprehensive Plan, consistency with the Zoning Code, including maintaining the validity, integrity, and purpose and intent ofthe zones, as well as avoiding spot zones. DEPARTMENT COMMENTS The Fire Department has no objections or other comments to the proposed rezone. The Public Works and Utilities Department had no comment. ENVIRONMENTAL REVIEW There are no environmentally sensitive areas located on or adjacent to the subject property. The City's State Environmental Policy Act Responsible Official issued a Determination of Non- Significance for the proposal per WAC 197-11-355 on May 11,2009. The written public comment period for this application concluded May 8, 2009, with no written comments received. STAFF RECOMMENDATION This rezone application is a legislative action. An "open record" public hearing will be held before . both the Planning Commission and the City Council. Per RCW 36.70B, Local Project Review, the Planning Commission shall hold a public hearing and make a recommendation to the City Council on a rezone proposal. The recommendation is to be based solely on the information contained in the official file, which includes any public testimony that was received. The proposal is in accordance within the Comprehensive Plan Land Use Map designation of High Density Residential and is supported by several Comprehensive Plan Goals, Policies and Objectives as identified in Attachment "B" to this staff report. Staff recommends that the Planning Commission forward a recommendation of approval to the City Council of rezone application REZ 09-01 based on the findings and conclusions listed in Attachment "A." Attachments A. B. e. Recommended Findings and Conclusions Comprehensive Plan and Zoning excerpts Application Materials . 1- 9 . . . FORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: June 16, 2009 To: CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works & Utilities Nathan A. West, Director of Community & Economic Development SUBJECT: Amendments to P AMC Titles 11, 13, and 15 in Compliance with the NPDES Phase 2 Stormwater Permit and Address Development Standard Consistencies Summary: Staff from the Departments of Community & Economic Development and Public Works & Utilities have been working cooperatively to review and recommend amendments to the Port Angeles Municipal Code (P AMC) and to the City's Urban Services Standards and Guidelines to address development standards required by the City's Stormwater National Pollution Discharge Elimination System (NPDES) Phase 2 Permit issued to the City by the Washington State Department of Ecology (DOE). A joint presentation outlining the background and requirements was presented to the City Council on June 2, 2009. Amendments to local development standards to attain compliance with the City's NPDES permit requirements and Community Trade and Economic Development (CTED) Grant objectives are proposed. Recommendation: 1) Open the continued public hearing; 2) Close the public hearing; and 3) Consider adopting the attached ordinances. Background/Analysis: Amendments to the PAMC and to the City's Urban Services Standards and Guidelines are needed to address development standards required by the City's NPDES Phase 2 Permit issued to the City by DOE. The ordinance must be approved and adopted by August 15,2009, to meet pennit and grant funding requirements. Additional changes are proposed to update the P AMC for consistency with Urban Services Standards and Guidelines to satisfY goals and objectives identified in the CTED grant. There was a joint presentation of proposed amendments to Titles 11, 13, and 15 P AMC to Council at a public hearing held on June 2,2009. HigWights of the June 2 public hearing presentation to the City Council include the following revisions to the P AMC to reflect NPDES Permit conditions. 1. Pollutant discharge into the stormwater svstem. · Prohibit pollutants from being discharged into the City's stormwater system. · Illicit discharge detection and elimination. J - 1 June16, 2009 City Council Re: Stormwater NPDES Permit Compliance Page 2 2. Construction site runoff. . · Further control and regulate construction site stormwater planning, permitting, plan review, inspection and enforcement. 3. Private stormwater facilities. · Permit and regulate maintenance and operation of private stormwater facilities, including detention/retention ponds and filters. Changes have been made in the draft ordinance since the last reading on June 2nd. The changes reflect comments from a preliminary review of the ordinance by the Department of Ecology, response to public comments to the ordinance made on June 2nd, the incentive program for LID, and correcting inconsistencies in language. City staff is continuing public education and outreach efforts regarding the new ordinance. Two additional public meetings were held Wednesday and Thursday, June 10th and 11th. Draft copies of the ordinance and Urban Services Standards and Guidelines have been sent to local engineering firms for comment. They were also posted on the City's website for review and comment. The issues have received extensive coverage in the Peninsula Daily Newspaper. City staff will return to Council in the next few months with proposed fees for stormwater inspections and maintenance as well as with house keeping issues in other parts of the P AMC related to the NPDES Permit. It is recommended that, following close of the public hearing, Council adopt the attached ordinances. Attachments (2) : Revised Ordinance for P AMC Title 11 (Streets and Sidewalks) Revised Ordinance for PAMC Titles 13 (Public Utilities) and 15 (Environment) N:\CCOUNCIL\FINAL\Stormwater NPDES Permit Compliance - 2nd Hearing.doc J-2 . . . ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, revlSlng Chapters 11.08,11.12 and 11.18 of the Port Angeles Municipal Code relating to construction, excavation and use of rights-of-way. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN S FOLLOWS: . Section 1. Ordinance 3022, as amended, and Chapter 11.08 of the Port Angeles unicipal Code are hereby amended by amending Sections of Chapter 11.08 PAMC to read as 11.08.010 Definitions. All definitions of terms in Title 11 of the Port Angeles unicipal Code and the following defmitions apply to the provisions ofthis Chapter, unless the context shall indicate otherwise: A. II Applicant" means any person making application for a permit for construction r excavation work, pursuant to the terms of this Chapter. B. "City" means the City of Port Angeles. C. "City Council" or "Council" means the City Council of the City. D. "City Engineer" means the City Engineer of the City of Port Angeles. E. "Construction" or "excavationll means the act of opening, excavating, or in any anner disturbing or breaking the surface or foundation of any permanent pavement; the stablishment or alteration of any established grade or street; and the maintenance or removal of sidewalk or crosswalk, pavement, sewers, water mains, street lighting or appurtenances theret07,"l nd the lantin or removal of street trees. F. "Easement" means any easement granted to the City for access to or for public G. "Person" means any person, firm, partnership, association, corporation, ompany, service provider or non service provider as defined under Chapter 11.14, or rganization of any kind. H. IIPermittee" means any person holding a permit from the City of Port Angeles or the performance of any construction or excavation work within a right-of-way of the City. 1. "Right-of-way" means: 1. A dedicated or owned right-of-way or easement of the City within the oundaries which may be located a street, highway, sidewalk, alley, avenue or other structure sed for pedestrian or vehicular traffic or a utility structure or appurtenance7 or approved street ree or landsca in . A right~of-way .or easement is included within the definition of 11 Right-of- Way" whether such right-of-way or easement is currently used or not; or . -1- J-3 2. Land acquired or dedicated for a street, highway, sidewalk, alley, avenue or other structure used for pedestrian or vehicular traffic, or a utility structure or appurtenance and easements for which, under City ordinances and other applicable laws, the City has authority to grant use permits, master permits, franchises, licenses or leases for use thereof or has regulatory authoritythereover, and which may be more specifically defined in the master ermit, license or lease granting any right to or use thereof. J. "Permit, Use Permit, Right-of-Way Use Permit, or Right-of-Way Construction Permit" refer to the legal authorization, in addition to a master permit, to enter and use a specified ortion of the City's rights-of-way for the purpose of installing, repairing, or removing identified acilities. K. II Work " means any construction or excavation within a right-of-way of the City. "Work" does not include routine maintenance or new service connection drops to customers, nless such maintenance or service connection drops are new pole attachments or disturb the ther joint pole users or the roadbed or in any substantial manner obstruct the flow of traffic. 11.08.050 Permit - Application Processing. A. Notwithstanding any other provision of this Chapter, the City must act on a equest for a use permit or right-of-way construction permit within thirty (30) days of receipt of completed application, unless the applicant consents to a different time period or the applicant as not obtained yet a master permit required by the City. B. The City Engineer shall examine each application to determine if it complies ith the provisions of this Chapter. The City Engineer shall cause to be inspected the premises hich are desired to be used, or otherwise ascertain any facts which may aid in determining hether a permit shall be granted. C. If the City Engineer finds that the application conforms to the requirements of his Chapter, and that the proposed work will not unduly interfere with the right of the public in he right-of-way, he may grant the permit. D. If an application is denied, the applicant may appeal the denial by the City Engineer to the Director of rublic \Vorh and Utilities City Manager. The Cijy Manager shall review the application, to ascertain that he denial is based upon nonconformance of the application with the terms of this Chapter, and/or a determination that the proposed work will interfere with the rights ofthe public in the right-of- ay. E. If the Director ofrabl;G \V01ks and Utiliti~5 City Manager upholds the denial of the permit, the applicant may appeal the Directol of rublk Works and Utilitics' denial to the ity Coundl. The City COuh(..~l Manager shall review the application, on the same basis as the pplication was reviewed by the Director of the Department of Public Works and Utilities. 11.08.120 Work - Applicable Standards - Generally. Except as otherwise provided this Chapter, all work perfOlmed pursuant to a permit issued pursuant to this Chapter shall be one in accordance with the Standard Specifications for Road, Bridge and Municipal onstruction issued by the Washington State Chapter oftheAmerican Public Works Association nd Department of Transportation, current edition and the City of Port Angeles Urban Services tandards and Guidelines Manual. -2- J-4 . 11.08.140 Additional Specifications - Driveways. Driveways shall be constructed in accordance with the following specifications: A. The maximum single driveway width for lot frontage of seventy-five feet or less shall not exceed twenty-five feet at the curb, excluding transitions. B. The maximum single driveway width for lot frontage exceeding seventy-five eet shall not exceed thirty feet at the curb, excluding transitions. C. The minimum single driveway width shall be twelve feet at the curb, excluding ransitions. D. Where two or more adjoining driveways are provided for the same property, a full curb height safety island of not less than fifteen feet, at the curb, must be provided. E. No driveway apron shall extend into the street further than the face of the curb. F. No driveway shall be located within twenty-five feet, including transitions, of regular crosswalk area at an intersection or any other designated crosswalk area. G. No driveway shall be located within ten feet, including transitions, of a side lot ine. H. No driveway may be located so as to conflict with power poles, street lights, Ire hydrants, established street tree. or other above ground public facilities. . 11.08.170 Additional Specifications - Driveways - Exceptions. The City Engineer, pon application, may grant special permission to construct driveways deviating from the pecifications of this Chapter. Before granting such permission, the City Engineer shall affrrmatively determine that the public use of a street or sidewalk will not be adversely affected y such special permission, and that such special permission shall have no effect upon the safety of the public using the street or sidewalk. 11.08.290 Tunnels. Tunnels under pavement shall not be allowed, except where equired or permitted by the City Engineer. V:hcro tulmding is performed under tholOughfares, . " Section 2. Ordinance 2350, as amended, and Chapter 11.12 of the Port Angeles unicipal Code are hereby amended by amending Sections of Chapter 11.12 P AMC to read as allows: . -3- J-5 11.12.060 Obstruction of Sidewalks and Planting Strips Prohibited. Except as may e specifically provided by this Chapter, it is unlawful to erect, maintain or allow to remain on any sidewalk or planting strip of the City any temporary or permanent structure or thing which in any way obstructs, hinders, jeopardizes, injures or delays the use of the sidewalk or planting strip for pedestrian traffic; or hinders or obstructs the use of the adjacent street for vehicular raffle, including, but not limited to, structures or devices used for advertising an adjacent usiness, permanent landscaping or the use of the sidewalk for sale or display of merchandise, except as otherwise provided by this Chapter. 11.12.130 Obstructions - Standards. Each obstruction proposed to be placed upon a idewalk, street or planting strip of the City shall comply, at a minimum, with the following tandards: A. The location of the obstruction shall be consistent with the paramount right of he public to use the street, sidewalk or planting strip for transportation purposes. B. The location of the obstruction, and/orthe obstruction itself, shall be adequately ighted for night visibility, if the obstruction area is not lighted and pedestrians are present at ight. C. The location of the obstruction shall not constitute a traffic hazard either by . tself, or by its effect upon the visibility of persons using the street or sidewalk. D. Iflocations for the particular type of obstruction are required by the existence of other structures, obstructions, ordinances or other regulations, the obstruction shall be located here so required. E. The obstruction shall not be permitted for longer than the period necessary for accomplishing the proposed purpose for such obstruction. F. All other State and local ordinances will be applicable and shall be complied G. The applicant must demonstrate that it is necessary to use the public street, sidewalk or planting strip, and that there is no other means available to accomplish the desired urpose, except by the use of the public right-of-way, street or planting strip. H. No one shall plant in any public right-of-way any tree the roots of which cause 'njury to the sewers, water mains, sidewalks or pavements, the height of which interferes with overhead utility wires or which breed disease dangerous to other trees or to the public health or allDw to remain in any public right-of-way any planted tree which has become dead or is in such condition as to be hazardDus tD the public use of the street and/Dr sidewalk, and any such trees now existing in any such planting strip Df abutting street area shall be removed or properlv pruned at the expense of the abutting property owner as may be directed by the City. ND tree shall be lanted within two (2) feet of any sidewalk or pavement, except as may be otherwise approved. I. No flDwers, shrubs or trees shall be allowed to overhang Df prevent the free use of the sidewalk Df roadway, or street maintenance activity Dr utility use of the street except that trees may extend Dver the sidewalk when kept trimmed tD a height Df seven (7) feet above same, and fifteen (15) feet above arterials and fourteen (14) feet abDve all other roadways. Trees so laced shall alSD be trimmed SD as to remain below power lines if present. -4- J-6 . Section 3. Ordinance 3198, as amended, and Chapter 11.18 of the Port Angeles Municipal Code are hereby amended by amending Sections of Chapter 11.18 P AMC to read as follows: 11.18.010 Purpose. The purpose of this Chapter is to prohibit pedestrian interference on sidewalks in the City of Port Angeles in downt-otlVn and neighborhood commercial zones. No person shall be cited under this section unless the person engages in conduct prohibited by this section after having been notified by a law enforcement officer that the conduct violates this section. . 11.18.020 Definitions. The following definitions apply in this section: A. "Aggressively beg" means to beg with the intent to intimidate another person . nto giving money or goods. B. II Intimidate" means to engage in conduct which would make a reasonable person fearful or feel compelled. C. "Beg" means on a public right of way or in a public place to ask by words, !bodily gestures, signs, or other means, for money or goods as a charity, or in exchange for labor. D. "Obstruct pedestrian or vehiculartraffic" means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person 01' a driver of a vehicle to take evasive action to avoid physical contact. E. "Obstruct a sidewalk" means to sit or lie down upon a public sidewalk, or upon a blanket, chair, stool, or any other object placed upon a public sidewalk, in the folIo I'ii iug zones. 1. The. Downtol'iill Area, as defined in the I:AlJLit A attc1\Jhed hereto clnd in'C01porated by thcse three IdGICnces. 2. Neighb01hood ComnKlcial Zoncs, ddincd as alGas zoncd as ComnlCldall (CI), Commclcial2 (C2), Ndghborhood COmfilc.ldall (NCI), Ncighbothood Commelcial2 (NC2), and NeighbOlhoud ComlllVlcial J (NCJ). 3-1,. Exceptions. The prohibition in subsection E shall not apply to any person: a. Sitting or lying down on a public sidewalk due to a medical emergency; . b. Who, as the result of a disability, utilizes a wheelchair, walker, or similar device to move about the public sidewalk; c. Operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to a street use permit; 01' a person participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to a street use or other applicable permit; d. Sitting on a chair or bench located on the public sidewalk which is supplied by a public agency or by the abutting private property owner; e. Sitting on a public sidewalk within a bus stop zone while waiting for public or private transportation. F. "Public placelt means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the -5- J-7 doorways and entrances to buildings or dwellings and the grounds enclosing them. Section 4 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's/clerical errors, references, ordinance numbering, section/subsection umbers and any references thereto. Section 5 - Severability. If any provisions of this Ordinance, or its application to any erson or circumstances, are held invalid, the remainder of the Ordinance, or application of the rovisions of the Ordinance to other persons or circumstances, is not affected. Section 6 - Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect five days following the date of its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 16th day of June, 2009. MAYOR ATTEST: Becky J. Upton,' City Clerk APPROVED AS TO FORM:: William E. Bloor, City Attorney PUBLISHED: June .2009 By Summary G:\LcS'LBackup\ORDINANCES&RESOLUT10NS\ORDINANCES.20D9\18 - Chapter 11.0S2909.wpd (June 5. 2009) -6- J-8 . ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, revising and adding sections of the Port Angeles Municipal Code relating to Stormwater Utility and Regulations for compliance with the City's Phase II NPDES stormwater permit. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Sections of Ordinance 2394, as amended, and sections of Chapter 13.61 of the Port Angeles Municipal Code are hereby amended to read as follows: 13.61.010 Purpose. The purpose ofthis Chapter is to establish fees for service by, and general rules and regulations for the service and extension of service from, the sewer and 5to11n systems ofthe City of Port Angeles, and to promote the public health, safety, and general welfare of the users of the sewer system, in accordance with standards established by the City, County, State and Federal governments . 13.61. 040 Unlawful Acts Defined. A. Any person causing damage to any property belonging to the Department shall be liable to the Department for any and all damages resulting either directly or indirectly therefrom. B. It shall be unlawful for any person to willfully disturb, break, deface, damage or trespass upon any property belonging to or connected with the sewer and 5tOiill systems of the City of Port Angeles, in any manner whatsoever. C. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City of Port Angeles, or in any area under the jurisdiction of said City, any human or animal excrement, garbage or other unsanitary waste. D. It shall be unlawful to discharge to any natural outlet within the City of Port Angeles, or in any area under the jurisdiction of said City, any sewage or other polluted matter, except where suitable treatment has been provided in accordance with Chapter 13.06 PAMC. . 13.61.060 Administration. A. The Director and the D11GCtOl of Finance Director and Adnl~1115tlati vO Su v 1C(:,5 may make such administrative determinations for the proper operation of this Chapter as are not inconsistent with its provisions. B. The Director shall promulgate and enforce such customer service policies and related additional rules, as may be deemed necessary from time to time to encourage and facilitate -1- J-9 the proper use of sewer and stOiill faCilities, and as may be adopted by City Council resolution. . 13.61.100 Permit Required. A. It is unlawful for any person to connect, or cause to be connected, repair, alter or cap, a building or structure sewer or storm drain to any public sewer or public storm d.1ain, without first obtaining a permit for such activity from the City of Port Angeles. B. It is unlawful for any person to uncover, make any connection to or opening into, use, alter, or disturb, or cause any of these activities to occur concerning, any public or private sewer or st01111 drain or appurtenance, without first obtaining a permit for such activity from the City of Port Angeles. 13.61.130 Temporary Permit. The Director may, upon recervmg an application containing such information as is required by him, issue a permit for a temporary connection to a combined sewer, sanitary sewer, or side sewer, storlll drain, ornatulal outlet, and may include as a condition to the issuance of a permit a requirement to connect to another combined sewer, sanitary sewer, or side sewer, stolm dla~n, 01 natural outlet at some later date. Said permit may be revoked by the Director at any time upon sixty (60) days notice posted upon the premises and directed to the owner or occupant of the premises. In the event the said side sewer or drains are not disconnected or reconstructed as required at the expiration of said sixty (60) days, the Director may disconnect the same and reconstruct it as he deems necessary and charge the cost plus 15% thereof to the owner or occupant. Such cost plus 15% shall be immediately payable to the City Treasurer following a written notice ofthe amount thereof given to such owner or occupant and shall be a lien against the property. Such temporary permit shall be issued only upon the applicant recording with the County Auditor an instrument to the Director in which the owner agrees to reconstruct the side sewer if required to do so and to save the City of Port Angeles harmless from all damage resulting to the City by reason of such temporary connection or disconnection, and exhibits to the Director the recording number of said instrument. . 13.61.140 Performance of Permitted Work. A. Any sewer or storm drain connection authorized pursuant to the terms of this Chapter shall be done in accordance with the terms and conditions of the issued permit. B. Prior to the backfilling of any sewer 01 stOul1 d1ai11 connection, the owner or contractor shall notify the City of Port Angeles of the completion of such work, giving 48 hours notice, and shall request an inspection. Backfilling may occur only after such inspection has occurred. C. The owner and/or contractor is responsible for the protection of all persons and property from injury or damage as a result ofthe excavation or other work conducted in making such sewer or storm drain connection. 13 .61.170 Inoperative or Inadequate Sewer Service. Where it is determined by the Director or the Health Officer that a side sewer, drain, ditch, 01 natural watG1GOurSG or appurtenance thereof is obstructed, broken, inoperative or inadequate or is a significant threat to -2- . J - 10 . the public health, safety or welfare, or to public or private property, the Director shall give notice to the owner, agent or occupant of the property in which such condition exists requiring the condition to be corrected within a specified time. lfthe owner, agent or occupant shall refuse to maintain, reconstruct, relay, reconnect, repair, or remove the obstruction of, said side sewer drain, ditch, 01 naMal Wak1COU1se within the time specified in such notice, the Director shall perform such work as may be necessary to comply with this Chapter. The cost of such work done plus 15% shall be charged to the property owner or occupant and shall become immediately payable to the City Treasurer upon written notice of such amount being given to the property owner or occupant or posted upon said premises and shall become a lien against the property. Section 2. Ordinance 2394, as amended, and Chapter 13.63 of the Port Angeles Municipal Code are hereby amended to read as follows: . Scctiv1l5. 13.GJ.OI0 13.GJ.020 13.6J.OJO 13.6J.040 13.GJ.050 13.6J.060 13.GJ.070 13.6J.080 13.GJ.090 13.6J.100 13.GJ.110 13.6J.120 13.63.130 13.G3.140 Chaptel 13.6J STORM SEViER - REGULA nONS AND UTILITY Pm 1'o~e Definitiolls Stolln Wah~l Di.sdld1ge Not PClmitted. Unpollutcd D~schalgG S11all Havc A1'p10vcd Outlet. StOlID "'Nato Conllcct~on Not Pednittcd in Sa11italy SYStC111. Stol!i1Watel Utaity EstalJlished. J d1i~diction. OpGlation and Managollmt. Tlall.sfu OfPIOpGlty. 11011tI11y Cha1ge. Rate Adj ustmcnt. Dillitl~ dnd Payment. Ronedics. Ins1'cct~OllS - Right ofI:ntly - I:mGIgCl1GY. 13.GJ.OlO PulPOSG. Thc 1'ul1'vSC Oftl1~:> Chaptel is to cstablish a stvl1H and smfaGc watel manageulGnt plOglam in O1de1 to accolilplish the: follow iug goals. A I:stablish a stolmwatel capital facilitiG5plan aud small plOjGct funJing plog1am f01 P1 oj cas which I;'V ill. 1. plotcet prOpclty ownClS adjaeGllt to developing and dc v eloped land flom illG1GMCd lullOff lates, whiGh GOuld cause, closion of abutting 1'101'Olty, 2. dGGiGase dlainagc-lelah:d damage to publi" and pli<;lato PlOfloty, 3. maintain safL, City 5t1CCt5 and lights-of-way, 4. m~uimiL.,c wate1 quality dl;.@,ladationand"o11tlOlofsedimentatiouofGleGks, st!cams, 1'Ouds, aud otho watu bod~Gs, and 5. plCSO vC and enhanGe the aG5tllot1" quality of wat('15, D. Plomote 50tlnd de v d6pmcnt poli"ics and const! udionpl oGcdm GiI, W hid1 H.:>1'eGt . -3- J - 11 and ple&er \ie the City's watervOu~~e~ and C . . ' .' r~ovrde pubhv education, outreach '" . prot~ctlon of ~atcr quality. ' partrclpatIoll, and rmohement iu thc ThG st01m and s61faGe watGI managemcnt r 1 . and a st01mt'vatGr utility whic.h shall b' I P ogram 5 lall (,Onsr&t ofstorm~atGrregulatiollS P bi' m ' e Imp ehlented and operated b tf e' , tl Ie vv Ol1..S and Utilitic~ in aeGO da . 1 y Iv It)l s Departmwt of ., ~ nc.e wltl staudard& G t bi' 1 db' gO\ivI1lluGutal wtltle" wit1~ju~i&diGtiol (0 d 3151 gl ( s a ISle y the applVpuate ~. ~. pa~t), 11/28/2003) 13.63.020 Definitio1ls. The folIo w into dd'illit~ons shall . A. "Commcrc.ial/multipk ro elt " apply tv thIS Chapte1. GommerGial, rGtail pttbliG go GUll Pt P Y mc.allS aU plopelty zoned or used fvr multifamily D "It' . ' v 11ell , uon-plofit, anJ all oth(,1 nOll-le~idG1ltial uses ' .' 11pGU 10US alGa" mea~ls an part of all 1 . the action of pw;ons to ~ed Gcthdand' ~ I 1 T Y parc.e ofland that ha& been modified by . u Slla tua aOl It to ab b d 1 1d . alea.; WhKh have beeh c.1earcd glad d d y sor an 10 la111fall. This indudes , e, pave 01 compacted Ex: 1 d d 1 aleas such as lawns, agr~GultU1al a ca5 and I d d' c. u e , iOwevel,aleall vegetated C " . .~, an ~Gape aleas. . S111gk -famrly and dupleA plOp It "r.l.lGill H . dttplcx ~esidential USv~. (Old. 3151 g 1 (pa t) ~ 1~28 '20 IS a plOpGIty used for smgle family and 13 63 ~, I I 03) . . .030 StOlll:! Wat~r Di$Ghal~e Not rumitted N . . be dlSGhalged any storm water SUlfa t . 0 pelson shall d~5Gharge or c.aase to . ' Ge ~a el, g~OUlld watel roof I ff b I1nGOlltaull11ated cooling watel or IIp 11 t d' d' ' uno , su sUlfa(,e dla~~lage 1 ' u 0 u e 11l ustual plocess t' . ' ull vSS othel w i~e appro (,d b t1 D' 1 wa elS lutO ally l,anJta~y l,ewer . v y 1(, 11(,etor uMed 011 laGk of fi '1 1 l' ' applOpuatc. fac.t01&. (Ord. 3151 gl (part) 11 '28'200J C.aslO e a telllal1\ies or othe1 , I I , Ord. 2J94 Cll. IV gl, 6/2/1986) 13.63.040 Uupollu:tc.JDi5d~al~e ShallIIa eA unpolluted drainage shall be dis(,harged t 1 v PPloved Outlet. StOHl:! water and all other OSUGlSeWG~sasalespcc'fi H d . se~er~ 01 stvrm ~ewds, 01 to a natnral outlet a rOved 1 . 1 Ga y 'Slgrl~tvd as c.ombined or pl0GGSS watGS that have been tested al d PPfi f OJ the DuGGto1. hldu~tllal Gooling water apprOval of the DircGtor to a stolm s werlo alC t e\o p~llntants may be J~~Ghalged 011 Mitten Old. 2394 Ch. Pi g2, 6/2/1986) v 1 ha ma out et. (Ord. 3151 gl (part), 11/28/200J, ~.G3.050 Storm Watel COllhC(.tioll Not r('lmitted ill Sailital S t . . Nopclsonshallmake('01l11cetionofloofdo y y~ v~u. . ar(.a dra111s, 01 othel 1,0urees f ~torm t f. wllsponts, GAteuol fouilda:tron Jtains 1 '1' v wa e~ Sell a(.(. runoff 01 gr d t . . ' om d111g dlain whid~ in tUlli ~s GOllliceted d' G t1 . J' 1 Oull wa C1 to a bl111dl{lg sewel 01 1 u v y 01 111 uect y to bi' . sue 1 (.on11(.et10n is oth(.r w is(. applO d' . . a pu 1G salUtary sew (,1 ullleSS 1 . v(. 111 ~ut111g by the If t 1 d ' a telllatJ \ies or othel applopr~atG fa(.t01s HeG 01 Dase ViI lack of fc;asiblc D . . . . Storm dral1latoe fl01l11~ald-surfaeGd 01 ~adGd . station yards, and ~torag( yaJds shall t tl g . arva", $u(.h as parking lots, ~er v ice apylovGd by the Dilc;clor and asr:qaiICd ~n t~lris ~~~:ubl1G stolIn scwe~ .s!stem o~ other vutlet stolm drainage shall not be e01l11G(.ted t y ptc~ and as su(.h faGIlltles arc available.. Such .. 1 001 enter a sanrtalY SeWGl 1 1 . wlltlllg O)i a~(. D il ectol basGcl 0 11aGk f [. '1 I 1 ' tin e5s ot leI w lSG applO v cd in J151 gl (part), 11/28/2003, Ol~. 2J9~ C~~~~;;' ~~,~)~~~~~ 01 othGI appropriatv faGtols. (Ord. 13.63.060 Sto~il1Watc.r Utility L5tab1il,hcd Tl . stolm and surface watel utility (also fi J . lue IS l~eleby Cleated and establ~shed a Ie eue to at, the "slOlmwate,~ ulj}jty") The l t . " v~Hlwa el -4- J - 12 . . . . . '1' , The fr b1' HT01l.~ and UtI ltlG1>. lB' ctOl 0 u lG vv e1 t ' . Ilder dileGt;on oft le HG iv a5 SGt fvrth in llap er ul;~ty ,hdll bOhdnn;n'I:G':~~m rite funGtion" and ba" ~e a~~u:, ~;mm'..!<r nlanagGmcn! ,tv" n wat.. ulJ1Jl y "d P uldl,ng dnd c=h ulhug t ,e J j '"'5 67 RCW f01 managmg, l~G~ 1'''8''''003\ .J . 151 91 (pal t j I / Z / Z J p.og,aJn. (D,d. 3, . . II ,1m", d',d ,,,,fdco "ater " I eit shallhagejUlisdH"tlo11~vela Ib madGtothGCity's 13.63.070 Jul;sdJGtl011. dT l~ . ~~ modifiGations 01 additlonSC~ha1 (OGld 3151 Sl (palt), , . I e't's bOull aUG.,. v I fthe lty. \ . [aGilitics wltlun t 1(, 1 Y T' ~itllOut tllG plivl applOva 0 d "ulfaee ~atGl [au ltl(;,S stOln:.. an ., 11/28/2003) . n and Mana~Gmcnt. t din aGGOldanGe with. , 1J.63.880 Or" alto dtGJ utility ,ball bG madagGd =d upo~ ~e EGonoluic and I:n~inGG"n~ A. Th~ stolin ~S . atel ~ fanagGlllcnt r1an pI Gpal G ~ be 17 1996, and I tbG t<nmw > 8't e o,~;1 on ueWll " r S ico, h'G dat~d J lIDG 1996 and adojrtGd [b~ ~ty: ,y VI~;;' Sc:: ico' St.md~ d, .od Gold<; illG'. el v . 2. app1iGctbk 5GGtlons 0 '" (Old. 3151 Sl (palt), , d plOpGlty lights alld . t pr opel tlGS, an 90 TlansfGl of rrop(,Jty. All e,q~lpmG.ll ~of'l1 a5 they IdatG to 01 G011CCrn storm 13.63.0 1 Cty ho"e,er "Gquo/Gd, '" Tt 11,;, ",dude, by way ;,ltc, 0'" u w nod u, lrold by ~ :~o::~~ ~ ~.,fo" ed to rite ,to~ ,0 w afo~ ~:~~J ~'" dGqui, oJ by dd > er" u, ,"' f~o wate, '0 wage;","n dll JH upellio, d"d pJ OpGJ t y ugh(, ~. f ,tOll" m ,"' fd~ "dim, 0 > OJ o [ o","'pk and n.o( 1 no< t tion'in and to rite J. dindgo ~,d '(01 ar;, II G>.IGn ( uf j" ",.datiull c.""ed osse~5io11 01 by pI e,SGllP nds and slOughs to t Ie u p d del1ands,watelGOUJSGS,~tl~a~1l1>'~oV d 3151 SI (palt), 11/28/2003) an Ull flood condItIon. \ r . by the 1algGst StOInl 01 el e . the elt Gontaining 13.63.100 Monthlv' "" r 2008 ritG u w .~o> uf aliI eal pwpe: t y n~ .. ",([0' th ill (hi, A :Cff~Gtive Jannaly, , ate,I utility Gharge, at tIe, Ia e . I 11 pa a 1110111.h1)' ~tormw impervious sulfaGe,5 S la y t'l'y stOJll1watcl utility dlalge . 'd . I fee,s TItG mOll hI SGchun. . f.'1 anJdtlpk^,c" onbdm . 600 D. SUlgk- roll Lie., o,identi.1 pIOP"''Y .hall be $ . Gial 'o<dltip k pI 0 pCI t y ,1'dl1 [OJ eaGh single-fan111y a~d1 f II at.. utility d,~ge IOJ all Gom,:,o, 40;0 ,qu.'ilG f~ct, timGs tIle, e Tho monhl y '0" w. . 1 'quare tea uy . , If 10 . . . .. O~ lotdl impcmuu, area JI- I feefora cull"""oahn,n-',p' be Gcilvnlat",d by dl v ld1l1g . d tia1 fee. The lllinimum il10nth "d II' 'g and tllG ulaxill1Um '1 d dup1e.( reM cn . I -famIly ?Ve, Ih , . ,ingk fallh y d" than OK nto.llhly fre fm d ,o<~ C 'in Ie-fan.!!) dwolltll~. . plopelty shall be, not less t1 11 tw timGs the monthly feG .fol as g d sm[aee, fa",ill~i(,s lJl I fi 1 11 he not mOle 'd . t ec" w ,th '(Olin an I f month y GG' 'd . I State highway" pm." , ,- d pellie, OJ po.'iu,,' t ,o<ou D. CI(y 'l1C~ "d' and other pobliG '" p.i > die o..no pWff kilitie, which .h> nut . elV stan al , d f. e watGl lullO .. pldco nooo~ng' y DI:S "","Gd ,(uu"~' <ill aG I ,0( fOlrit"' tho> SGchun. hav;l1g their own N~ .. PI'" 11' e, ~XGlhpt Elvin tI,e, monthly e lcUg(;,S . 1 t Ci~ [aGllit!e,5 51a l) I'ClS'Cl883\ dlSGllalge, 0 , ';J d 3151 Sl (palt), 1 u. u. J (Old. 3292, L L2008, 01 . . t II halgG Sa fOl tIl 13 63 110 Rctte Adlustmc,l1 . t djustmGnt to the, mont 1 'J G A' . A 'tlpe.ty Ow"ooll..y ,oquo,'. d ra Ga iou",w faco, no i[the plOpe. ty OW H" . 1-' l' nhe pI OpGl ty contallls no unpel v in r AMC 13.63.1 00, on y 1 -5- J-13 . di.5ag~ees with thG City's calculations of the Iat" 01 thG ai110tmt of im . CIty 111 calculating the late, undeI rAMC 13 63 100 P'l vlOu~ alea uSGd Ly tite ~ubmitted in wIit~!lg to thG DiICGtOI ofPttblic 'n; k C. d 'i/~~~est fOl an adjustmellt shall Le . . vv 01 ~ all tI ItKS If the pt' Hupel v 100;', ~ulfaGes the late shall be ad' t d t I . . 101)(,1 Y contalll~ 110 ..' JUs I.- 0 L,G10. [the CIty'S Gale 1 t" hllpGl v lOllS sUlfaccs undel r AJI Ie 13 63 100C' . a a lOllS 01 dillOu.ll:t of AppIoved adju;',tll:iCllt~ will be v ." I~ IllCu.l1GGt, the late shall bc adjusted aGcoldingly. paid by the plopelv 0 '1~~llGd !l?Spectl v~ly GAeGpt that Ieill!bul~elllellt fm ovudlillges y wllO WI e ma coy the Clt for ti d' 1 . leqotsted a Id fOI the . y Ie yeaI uling w lll.-h tb~ adjustmwt is 1 p.llOl yGa1. 1 . D. Any pel SOil aggliev.ed by a decision onile Dilectm ofrtl'uI~G Wmk5 al d UtTt" IG. atlllg to a lGquG~t E01 a late adjUstInGl!t autholized b rid IC III les gll e~t<,r" doe:,;"" [0 tho City M=dgm w;d1 in 30 d.}, of ~o ddl; Of~': i;L~~, ::'~ ~ppGdl ~' It} vianagel s deCISlO.ll shall 'uG final (Old. 3151 S L (pal t), 11/28/2003) ISI011. Ie Clallam~~~62~~2~n ~~~:~~;;~ ~~;l~:le~~~lj~:~:i:~~~~~ ~t~I~~~~\51~all be bilk~ ann~ally Ly fOl lu\v-lllCOmG ~Gllim GitiLcns and disabkd dtiz ns will' r YJ ? OpClty taA bIll: DIscounts 13 28 P:A~ fe s . . "oe app Ie III aGGoldance WIth Chaptel . . v. tOlll:lwatel utIllty fees billGd pUlsuMt to this Section ~hall b d 5wuannually 011 the scune datcs each yeal that the Co lit ' . .e ue a.lld payable and 5hall be ddil1quCllt ifnot paid by the due date All ~ / s p.lOpelty taA b:l~ IS duc a.lld payable Section will b ' . . C lllquwt accounts DIlled pUl5uallt to titis taAG1>. (Old. 3~;~~~~~:tj,c~~~~~/~1~~f~s the SCUlle M tit05e imposed fOI delinqucnt plopeIty 13.63.130 RGll:lGdies. AT' . . . : GlmlllatIon of wateI SOl \-lCe. The DilGGtOI of ruLI~c'T k d U T . dGSlbllCe IS atttholiZGd to tGllnil1atG watcl seI ~icc to all vOl S ~n tlltles 01 is Icccived b) a le~idGll:tial tenant, who fails to pay ~1:/5t:~~~:nG~\~~lc5S ~~ld ;atc~ sehice bi' tb' el t . 1 1 U 1 seI v leG ee5 Imposed lS lap Cl111 t lG 1>a1ne lllallllGI as ddinquGnt watG bills T . t" fl' shall not limit othu Iemedie~ a\lailablc to the Cit 1 . CIITll.lla Ion 0 suc 1 vvatc'I so v Ice D .. y. . . LKn fen dd11lquwt GhaIges -111tclest. rUlsuant to RCW 35 67200 ct S 1 . :~~~t~::~o: ~:t~~:,;te~:':G~ :~c ~,p'.idd'~rmw.tet chatge,. A '[~ih:w.tc' Ii: ~:I~~~ any Wl~t~Ug 01 I eGOldihg ofthG l~en vvith ~t~ ~oG :::quGnt .SGl vlCG chalgl.-1> WitIlout tIIG llecc,ssity of stolln~ateIliG1l5hall Le ill the IllalUlCl pl~vidG~ b y ~~~llt:l. ~l~Iceulen: Md fOI.edusUle of any b . 1 y w. 1 Clost on t lG anpald balance 1 n e eIg It pGlCent pI.-.! aIlllom 01 SOGh IatG as may hucafto be antholiz:ed b 1 s la C 8tl d' 'J aCli. enrolcin' leI .1.Clne I~5.. The Cit} 5.hall havc all otliel kgally available l"mcdies fOI 11/28/20~3a)nd cOlleGLll1g ddIl1yuwt alld unpaid stolillwatGl chalge;',. (Old. 3151 Sl (part), 13.G3.140. 111~peGtiollS - Ri~ht ofDntly DmCI~ehCy. The City is autholized to Cll at all 1 GasonaLk tlmc~ 11101 upon any plOpelty public 01 . t fi . . tel maintailllng the StOllu and stlifacc wateI faGilities 0 t pI.rva c, t 01 t~c pUl~OSC of OpGlatmg or 1 . ' 1 U 11lspec 01 HI v estIgatG any co d' f IC atmg to thc StOllll wateI utility, pIO v ided that the Cit, shall filst obt . .. n 1 Ion tiI .,' am flCIll11S~IOn to I.-l1teI flom t e OwUCl 01 pusonI(,~flOn~1Dle fOI such plemiscs. If Glltry is IGfu5Gd, the City shall havc I eG0111 sc o GvGI)' Ie111edy plOvldcd OJ' law to seGme cntry. Notw~th~tandihg tl e fuIe . 1 I 't appea ~ to tiI e't tl t d' . . 1 bUll g, W 11.-llGvCl 1 01 saf;t tl ~./ ~ la tOl~ It.lons eXlst lcqailihg ~mmccliatc <lctiun to plotcet the public health y, Ie 1 y l~ aut lodLeJ to ~nteI at all Ieasona-'ule times ~ll 01 apOll auy pLOpelty, public 01 -6- J - 14 . . . . 'p1~vate, E01 the pUlp05e of in5p(,(,ti110, inVG5t~ga1illg or eOllcGting SUdl CtllGlgWG} Gondition. (Old. 3151 Sl (pa1t), 11/28/2003) . Sections: 13.63.010 13.63.020 13.63.030 13.63.040 13.63.050 13.63.060 13.63.070 13.63.080 13.63.090 13.63.100 13.63.110 13.63.120 13.63.130 13.63.140 13.63.150 13.63.160 13.63.170 13.63.180 13.63.190 13.63.200 13.63.210 13.63.220 13.63.230 13.63.240 13.63.250 13.63.260 13.63.270 . 13.63.280 13.63.290 13.63.300 13.63.310 13.63.320 13.63.330 13.63.340 13.63.350 13.63.360 13.63.370 Chaoter 13.63 STORMW A TER - UTILITY AND REGULA nONS Puroose. Incoroorated by Reference. Aoolicabi1ity. Definitions. Stormwater Utility Established. Jurisdiction. Ooeration and Management. Transfer of Prooertv. Monthly Charge. Rate Adlustment. Billing and Pavrnent. Remedies for Failure to Pay Stormwater Service Fees. Non-Stormwater. Illegal Discharges and Dumoing Prohibited. Connections and Uses. Stormwater Discharge Into Sanitarv Sewer System Prohibited. Unoolluted Discharge Shall Have Aooroyed Outlet. Review by Deoartment of Community and Economic Develooment. Stormwater Discharge Permits. Stormwater Design and Construction Reauirements. Professional Engineer - When Reauired. Off-site Analysis. Geotechnical Analysis. Soils Analysis. Permit Modifications. Erosion and Sedimentation Control. Prooertv Owner Resoonsib1e for Stormwater System Maintenance. Maintenance Covenant Reauired for Privately Maintained Drainage Facilities. City Insoections of Privately Maintained Storm Water Facilities. City Acceotance of New Stormwater Facilities. City Acceotance of Existing Stormwater Facilities. Easements. Tracts and Covenants. Extensions - When Reauired. Extensions - Aoolication. . Extensions - Preoaration of Plans and Soecifications. Extensions - Insoection - Fee - Deoosit Reauired. Construction of Main Extensions. Acceotance of Main Extensions. -7- J - 15 13.63.380 13.63.390 13.63.400 13.63.410 13.63.420 13.63.430 13.63.440 13.63.450 13.63.460 13.63.470 13.63.480 13.63.490 13.63,500 13.63.510 13.63.520 13.63.530 Extensions - Construction Drawings. Main Extensions Deeded to Citv. Violations of this Chapter. Inspection. Inspection Procedures. Test Procedures. Stop Work Orders. Cumulative Civil Penalty. Aiding or Abetting. Order to Maintain or Repair. Notice of Violation - Assessment of Penal tv. Appeal and Disposition. Liabilitv for Costs of Investigation. Collection of Civil Penal tv. Compromise Settlement and Disposition of Suits. Hazards. . 13.63.0 I 0 - Pumose. The pumose ofthis Chapter is to establish a storm and surface water management program and utility in order to accomplish the following goals: A. Establish a stormwater capital facilities plan and small proiect funding program for proiects which will: 1. protect propertv owners adiacent to developing and developed land from increased runoff rates, which could cause erosion of abutting property: 2. decrease drainage-related damage to public and private property: 3. maintain safe City streets and rights-of-wav: 4. minimize water qualitv degradation and control of sedimentation of creeks, streams, ponds, and other water bodies: and 5. preserve and enhance the aesthetic quality of waters: B. Promote sound development policies and construction procedures, which respect and preserve the City's watercourses: and C. Provide public education. outreach, participation, and involvement in the protection of water quality. D. Establish general rules and regulations for the service and extension of service from the stormwater svstem. The storm and surface water management program shall consist of stormwater regulations and a stormwater utility, which shall be implemented and operated bv the City's Department of Public Works and Utilities in accordance with standards established bv the appropriate governmental entities with iurisdiction. . 13.63.020 - Incomorated bv Reference. The Citv herebv incomorates the following documents into this Chapter: A. The City of Port Angeles' Urban Services Standards and Guidelines adopted pursuant to Chapter 18.08 PAMC. B. Chapters 3 and 4, Volume I. Appendices l-C. I-D and I-E. Volume 1: Chapters 3 and 4, Volume II. Volume III. Volume IV and Volume V of the Department of Ecology's 2005 -8- . J - 16 . Stormwater Management Manual for Western Washington, or most recent update. C. Appendix I ofthe City of Port Angeles' Western Washington Phase IT Municipal Stormwater Permit issued in Januarv of2007, or the most recent update. D. 2005 Low Impact Development Technical Guidance Manual for Puget Sound published by the Puget Sound Action Team, or the most recent update. All of these documents are on file within the office of the City Engineer and can be viewed upon request. 13.63.030 - Applicability. The provisions of this chapter shall apply to all direct and indirect connections to the City's stormwater system, including direct outfalls to the City's streams or marine waters. . 13.63.040 - Definitions. The following definitions shall apply to this Chapter: A. AKAR T - All Known: A vailabk and Reasonable methods of preyention, controL and Treatment. B. Arterial - PRINCIPAL ARTERIALS: Principal arterials provide service for principal traffic movements within the City. They serve centers of activity: intra-area travel between Port Angeles and other large communities and between mincipal triP generators. Principal arterials serve the longest trips and carry the principal portion of trips entering and leaving the overall area. Typically they are the highest traffic volume corridors in the City. The design year ADT is approximately 5,000 to 30,000 vehicles ner day or more. They frequently carry important intra-urban as well as intercity bus routes. The spacing of nrincipal arterials usually varies from about I mile in highly developed business areas to 5 miles or more in rural areas. Service to abutting land should be subordinate to the provisions oftrayel service to principal traffic moyements: this service should be incidental to the primarv functional responsibility of the street. Desirably it is located on community and neighborhood boundaries or adiacent to but not through principal shopping centers, parks, and other homogeneous areas. MINOR ARTERIALS: Minor arterials interconnect with and augment the principal arterial system. Minor arterials connect principal arterials to collector arterials and small generators. They proyide medium size trip generators, such as less intensiye commercial deyelopment high schools and some iunior high/grade schools, warehousing areas, actiye narks and ballfields, and other land uses with similar trip generation potential. They distribute travel to smaller geographic areas and communities than those identified with the principal arterial system. They provide service for trips of moderate length of a somewhat lower level of travel mobility than principal arterials. The design year ADT is approximately 2,500 to 15,000. COLLECTOR ARTERIALS: Collector arterials provide both land access service and traffic circulation within residential neighborhoods and commercial and industrial areas. It differs from the arterial system in that facilities on the collector system may penetrate residential neighborhoods, distributing trips from the arterials through the areas to their ultimate destinations. The collector also collects traffic from local streets in residential neighborhoods and channels it onto minor and principal arterials. The collector arterial street may also carry local bus routes. . C. Best Management Practices CBMPs)- mean schedules ofactiyities, prohibitions of practices. general good housekeeping practices, pollution preyention and educational practices. -9- J - 17 -10- J - 18 . . . . . . -11- J - 19 -12- J - 20 . . . improved or unimproved. including adjacent sidewalks and parking strips. CC. Project Site - That portion of a property. properties. or right-of-way subject to land disturbing activities. new impervious surfaces. or replaced impervious surfaces. DD. Receiving Waters - Bodies of water or surface water systems to which surface runoff is discharged via a point source of stormwater or via sheet flow. EE. Redevelopment - On a site that is already substantially developed (i.e.. has 35% or more of existing impervious surface coverage). the creation or addition of impervious surfaces: the expansion of a building footprint or addition or replacement of a structure: structural development including construction. installation or expansion of a building or other structure: replacement of impervious surface that is not part of a routine maintenance activity: and land disturbing activities. FF. Replaced Impervious Surface - For structures. the removal and replacement of any exterior impervious surfaces or foundation. For other impervious surfaces. the removal down to bare soil or base course and replacement. GG. Single Family Property - means all property used for single family residential uses. HH. Site - The area defined by the legal boundaries of a parcel or parcels of land that is (are) subject to new development or redevelopment. For road projects. the length ofthe project site and the right-of-way boundaries define the site. . II. Source Control BMP - A structure or operation that is intended to prevent pollutants from coming into contact with stormwater through physical separation of areas or careful management of activities that are sources of pollutants. The Department of Ecology's Stormwater Management Manual for Western Washington (2005) separates source control BMPs into two types. Structural Source Control BMPs are physical. structural. or mechanical devices. or facilities that are intended to prevent pollutants from entering stormwater. Operational BMPs are nonstructural practices that prevent or reduce pollutants from entering storm water. For further examples or details. refer to the Department of Ecology's Volume IV of the Stormwater Management Manual for Western Washington (2005), JJ. Stormwater - means runoff during and following precipitation and snowmelt . events. including surface runoff and drainage. KK. Stormwater Pollution Prevention Plan (SWPPP) - means a document which describes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at a premises and the actions to eliminate or reduce pollutant discharges to stormwater. stormwater conveyance systems. and/or receiving waters to the maximum extent practicable. LL. Storm Water System - means all natural and manmade systems which function together or independently to collect. store. purify. discharge and convey storm water. Included are all storm water facilities as well as natural systems such as streams and creeks and all natural systems which convey. store. infiltrate or divert storm water. MM. Threshold Discharge Area - An onsite area draining to a single natural discharge location or multiple natural discharge locations that combine within one-quarter mile downstream (as determined by the shortest flowpath). The examples in Figure 2.1 below illustrate this definition. The purpose of this definition is to clarify how the thresholds of the stormwater requirements are applied to project sites with multiple discharge points. . -13- J - 21 EloIolp" D1" PI'1:Itd..., _u UI1!Il' NIlQIIi IH."",- ind alii. '!bd,.l.IIlh""'- ~.... "-': .-t-ial/Jl.......:. .. . . ~\'~rl - -~j!( :'~ if" . .:"-!~Il '"' 'Io;~ -t.. T- 'M'.E1l-_ . ' -1 1"'o;'olf~, ,. ;;....f-\. ?-. '?--.... 1\ r...1~~." , cW..J.,.,. , ~t:fl I ... liIa_ot .PNJ.... S1iJ UIl!llf1llOJ" M1bm1l 1I__o!JI.ehig" t'l.rnJ.AJml.J..uoll.... ''''___ NotJF>I J ~ ~ boc~: ... ~14I1111: i \. .\ ..... .. ,.,,' , eao~. to P'''''''''~ ~ ~h ~~ rwl~1 ~:\r=~~~N. , L i , . / ; ~"""'''-iIir: L ,I :-ordtoO::w.tlllI..ft -:--,_ _____ _~ __ _ -i-- - i)1l1! nt&:ltJrp~"'li Q..; F!gure 2.'1 TtlNl91Wd DI~h8rye AI'(!II!:l -.L~ - J - 22 . . . . NN. Wetland - Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support. and that under normal circumstances do support. a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps. marshes. bogs. and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites. including. but not limited to. irrigation and drainage ditches. grass-lined swales. canals. detention facilities. wastewater treatment facilities. farm ponds. and landscape amenities. or those wetlands created after July 1. 1990. that were unintentionally created as a result ofthe construction of a road. street. or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas to mitigate the conversion of wetlands. 13.63.050 - Stormwater Utility Established. There is hereby created and established a storm and surface water utility (also referred to as the "stormwater utility"). The stormwater utility shall be administered under direction of the Director of Public Works and Utilities. The stormwater utility shall perform the functions. and have the authority. as set forth in Chapter 35.67 RCW and in this Chapter for managing. regulating. and controlling the City's stormwater management program. 13.63.060 - Jurisdiction. The City shall have iurisdiction over all storm and surface water facilities within the City's boundaries. No modifications or additions shall be made to the City's storm and surface water facilities without the prior approval of the City. . 13.63.070 - Operation and Management. The stormwater utility shall be managed and operated in accordance with applicable sections of the City's Western Washington Phase II Municipal Stormwater Permit. the City's Urban Services Standards and Guidelines and P AMC 13.63. 13.63.080 - Transfer of Property. All equipment. properties. and property rights and interests owned or held by the City. however acquired. insofar as they relate to or concern storm or surface water sewage. are hereby transferred to the stormwater utility. This includes by way of example and not limitation. all properties and property rights and interests acquired by adverse possession or by prescription in and to the drainage and storage of storm or surface waters over and under lands. watercourses. streams. ponds and sloughs to the full extent of inundation caused by the largest storm or flood condition. 13.63.090 - Monthly Charge. A. Effectiye Januarv 1. 2008. the owners of all real property in the City containing impervious surfaces shall pay a monthly stormwater utility charge at the rate as set forth in this Section. B. Single- family and duplex residential fees. The monthly stormwater utility charge for each single-family and duplex residential property shall be $ 6.00. C. The monthly stormwater utility charge for all commercial/multiple property shall be calculated by dividing the total impervious area in square feet by 4000 square feet. times the single family and duplex residential fee. The minimum monthly fee for a commercial/multiple . -15- J - 23 property shall be not less than the monthlv fee for a single-familv dwelling, and the maximum . monthlv fee shall be not more than ten times the monthlv fee for a single-familv dwelling. D. City streets, State highwavs, mivate streets wIth storm and surface facilities in place meeting City standards, and other public or private owned mooerties or portions thereof having their own NPDES permitted storm and surface water runoff facilities which do not discharge to Citv facilities shall be exempt from the monthlv charges set forth in this Section. 13.63.100 - Rate Adiustment. A. Stormwater utility fees will be reduced bv 25% for existing sites, new develooment or redevelopment proiects that meet the following conditions: 1. Overall proiect disturbance is less than one acre. 2. Proiect mooonent implements two of the following: a. RoofDownsoout Controls as described in Chapter 3, Volume III ofthe most recent edition of the Department of Ecologv's Stormwater Management manual for Western Washington (DOE Manual). b. Installation ofBMPs or LID techniques to mitigate for impervious area equal to at least 10% of the site/lot. Specific BMPs and LID techniques are described in Chapter 5, Section 5.05.03 of the City's Urban Services Standards and Guidelines. c. Amend the Soil as recommended in BMP T5 .13 in the DOE manual in all disturbed areas not covered bv new improvements. . 3. Best Management Practices CBMPs) listed above must be designed in accordance with the DOE Manual. 4. LID Techniques must be designed in accordance with the most recent version of the Low Impact Development Technical Guidance Manual for Puget Sound. 5. BMPs and LID facilities must be maintained bv the property owner and continue to function as thev were designed. B. A prooerty owner mav request a rate adiustment to the monthlv charge set forth in PAM C 13.63.100, onlv if the prooerty contains no impervious surfaces or if the prooertv owner disagrees with the City's calculations of the rate, or the amount of impervious area used bv the City in calculating the rate, under P AMC 13.63.1 OOc. A request for an adiustment shall be submitted in writing to the Director of Public Works and Utilities. If the property contains no impervious surfaces, the rate shall be adiusted to zero. If the Citv's calculations or amount of impervious surfaces under PAM C 13.63.1 OOC is incorrect. the rate shall be adiusted accordinglv. Approved adiustmentswill be applied prospectivelv except that reimbursement for overcharges paid bv the property owner will be made bv the City for the vear during which the adiustment is requested and for the prior vear. -16- . J - 24 . C. Anv person aggrieved bv a decision onhe Director of Public Works and Utilities relating to a request for a rate adjustment authorized bv PAMC 13.63.110 may appeal the Director's decision to the City Manager within 30 days ofthe date of the Director's decision. The City Manager's decision shall be final. 13.63.110 - Billing and Payment. Stormwater utility fees shall be billed annually bv Clallam County on behalf of the City in coni unction with the County's property tax bill. Discounts for low-income senior citizens and disabled citizens will be applied in accordance with Chapter 13.20 PAMC. Stormwater utility fees billed pursuant to this Section shall be due and payable semiannually on the same dates each year that the County's property tax bill is due and payable and shall be delinquent if not paid bv the due date. All delinquent accounts billed pursuant to this Section will be subject to penalty charges the same as those imposed for delinquent property taxes. . 13.63.120 - Remedies for Failure to Pay Stormwater Service Fees. A. Termination of water service. The Director of Public Works and Utilities or designee is authorized to terminate water service to anvproperty owner. unless said water service is received bv a residential tenant. who fails to pay the stormwater utility service fees imposed bv this Chapter. Termination of such water service shall not limit other remedies available to the City. B. Lien for delinquent charges - Interest. Pursuant to RCW 35.67.200 et seq. The City shall have a lien for delinquent and unpaid stormwater charges. A stormwater lien shall be effective for one year without the necessity of any writing or recording ofthe lien with the County Auditor. Enforcement and foreclosure of any storm water lien shall be in the manner provided bv state law. Interest on the unpaid balance shall be eight percent per annum or such rate as may hereafter be authorized bv law. C. Other remedies. The City shall have all other legally available remedies for enforcing and collecting delinquent and unpaid stormwater charges. 13.63.130 - Non-Stormwater. Illegal Discharges and Dumping Prohibited. A. Except as provided in subsections Band C below. no person shall throw. drain or otherwise discharge. cause or allow others under it's control to throw. drain or otherwise discharge into the stormwater system any materials other than stormwater. B. The following discharges into the storm water system are prohibited. unless the stated conditions are met: 1. Discharges from potable water sources. including waterline flushing. hvperchlorinated waterline flushing. fire hydrant system flushing and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a concentration of 0.1 ppm or less. pH adjusted. if necessarY (to meet water quality standards). and volumetricallv and velocity controlled to prevent resuspension of sediments in the MS4 2. Discharges from lawn watering and other irrigation runoff shall be minimized. . 3. Dechlorinated swimming pool discharges. The discharges shall be dechlorinated to a concentration of 0.1 ppm or less. pH adjusted and re-oxvgenized. if necessarv. and volumetricallv and velocity controlled to prevent resuspension of sediments in the MS4 and -17- J - 25 the property owner has obtained a Stormwater Discharlle Permit from the City. Swimminll pool . c1eaninll waste water and filter backwash shall not be discharlled to the MS4. 4. Street and sidewalk wash water. water used to control dust. and routine external buildinll wash down that does not use deterllents. To avoid washinll pollutants into the MS4. Permittee must minimize the amount of street wash and dust control water used. At active construction sites. street sweepinll must be performed prior to washinll the street. 5. Other non-stormwater discharlles. The discharlles shall be in compliance with the requirements of the stormwater pollution prevention plan reviewed by the City. which addresses such discharlles. 6. Any discharlles from a construction site. Dischaflles must be in conformance with the stormwater pollution prevention plan (SWPPP) reviewed by the Permittee. 7. Combined sewer overflow (CSO) discharlles. This discharlle must be in conformance with a current National Pollution Discharlle Elimination System Permit. approved by the Washinllton State Department of EcolollV. C. The followinll catellories of non stormwater discharlles are specifically allowed: 1. Diverted stream flows 2. Risinllllround waters 3. Uncontaminated !!found water infiltration (as defined at 40 CFR 35 2005(20)). 4. 5. 6. 7. Uncontaminated pumped llround water Foundation drains Air conditioninll condensation Irrillation water from allricultural sources that is comminllled with urban . stormwater 8. Sorinlls 9. Water from crawl space pumps 10. Footinll drains 11. Flows from riparian habitats and wetlands 12. Non-stormwater discharlles covered by another NPDES permit 13. Discharges from emergency fire fillhting activities in accordance with the City of Port Angeles' Stormwater NPDES Permit Section S2 Authorized Discharges. The City's Stormwater NPDES Permit is available to view in the office of the City Engineer. 13.63.140 - Illicit Connections and Uses. A. The storm water system of the City of Port Angeles. natural and artificiaL may only be used to convey storm water runoff. and any discharge meetinll the permit conditions within a current National Pollutant Discharge Elimination System Permit. approved by the Washington State Department of Ecology. B. Except as provided in the precedinll paragraph. no person shall use this system. directly or indirectly. to dispose of any solid or liquid matter other than storm water. No person shall make or allow any connection to the storm water system which could result in the discharge of polluting matter. Connections to the storm water system from the interiors of structures are prohibited. Connections to the storm water system for any purpose other than to convey storm water or !!foundwater are prohibited and shall be eliminated. -18- . J - 26 . 13.63.150 - Storm Water Discharge Into Sanitary Sewer System Prohibited. A. No oerson shall discharge or cause to be discharged any storm water. surface water. ground water. roof runoff. subsurface drainage. uncontaminated cooling water. or unoolluted industrial orocess waters into any sanitary sewer. unless otherwise aooroved bv the Director based on lack offeasible alternatives or unless the discharge meets the condition outlined in 13.63.140 (At B. No oerson shall make connection of roof downsoouts. exterior foundation drains. area drains. or other sources of storm water surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a oublic sanitary sewer. unless such connection is otherwise aooroved in writing bv the Director based on lack of feasible alternatives or other aoorooriate factors. 13.63.160 - Unoolluted Stormwater Discharge Shall Have Aooroved Outlet. A. Storm water shall be discharged to such sewers as are soecificallv designated as combined sewers or storm sewers. or to a natural outlet aooroved bv the Director. B. Storm drainage from hard-surfaced or graded areas. such as oarking lots. service station yards. and storage yards. shall enter the oublic storm sewer system or other outlet aooroved bv the Director and as required bv this Chaoter and as such facilities are available. Such storm drainage shall not be connected to or allowed to enter a sanitary sewer. unless otherwise aooroved in writing bv the Director based on lack of feasible alternatives or other aoorooriate factors. . 13.63.170 - Review bv Deoartment of Community and Economic Deve1ooment. Anv orooosed site develooment activities shall be reviewed bv the City of Port Angeles Denartment of Community and Economic Develooment to determine the oermits required. 13.63.180 - Stormwater Discharge Permits. Stormwater Dischanze Permits. issued bv the City of Port Angeles Deoartment of Public Works and Utilities. shall be required for any of the following activities: A. Draining water from a chlorinated water source such as a swimming 0001 or hot tub. B. Car washing which is not oermitted as a commercial or industrial use. and which drains directly or indirectly to the City's stormwater system. C. All new develooment or redevelooment which does not require a Building Permit. but which discharges stormwater either directly or indirectly to the City's stormwater system. . 13.63.190 - Stormwater Design and Construction Requirements. A. All site deve100ment activities shall comolv with the standards. soecifications and requirements contained in the City of Port Angeles' Urban Services Standards and Guidelines. B. For all site develooments that disturb 1 acre or more. the City adoots and requires the use of the minimum requirements. thresholds and definitions defined in Aooendix 1 of the City of Port Angeles' Western Washington Phase II Municioal Stormwater Permit. C. F or all site deve100ments that disturb 1 acre or more or which require a stormwater treatment. flow control. or low imoact develooment (LID) facility. the City adoots and requires the use ofChaoters 3 and 4. Volume L Aooendices I-Co 1-D and I-E. Volume L Chaoters 3 an~ -19- J - 27 and 4. The uses of the site that would have been allowed prior to the adoption of the minimum requirements: and 5. A comparison of the estimated amount and percentage of value loss as a result ofthe minimum requirements versus the estimated amount and percentage of value loss as a result of requirements that existed prior to adoption of the minimum requirements: and 6. The feasibility for the owner to alter the oroject to apply the minimum requirements. In addition. any exception must meet the following criteria: 1. The exception will not increase risk to the public health and welfare. nor be injurious to other properties in the vicinity or downstream of the project. or injurious to the quality of waters of the state: and 2. The exceotion is the least possible exception that could be granted to comply with the intent of the Minimum Reauirements. H. The Council shall establish fees for stormwater related inspections. Inspection -20- . J - 28 . fees shall be detailed in the PAMC 3.70.110 13.63.200 - Professional Engineer - When Required. Site develooment activities shall require the submittal of documents meoared bv a qualified orofessional engineer when one of the following conditions exists: A. Anv land use or building or develooment on real mooerty which disturbs 1 acre or greater: B. Any land use or building or develooment on real orooerty which requires a flow control. treatment or LID facility: C. Any imorovements within the boundaries ofthe City of Port Angeles right-of-way for which the City will ultimately assume resoonsibilitv for maintenance: or D. Any site develooment activity that the Director deems to be in the oublic's best interest to require that certain site develooment activity oermit aoolication submittal documents be meoared bva orofessional civil engineer. 13.63.210 - Off-site analysis. All site develooment activities which disturb 1 acre or more shall include. along with other required submittal documents. an off-site drainage analysis as described in the City's Urban Services Standards and Guidelines Manual. The off-site analysis shall be oreoared by a qualified orofessional engineer and based on a field investigation of the develooment's off-site contributing and receiving drainage areas. . 13.63.220 - Geotechnical Analysis. All site develooment activities where grading or the construction of retention facilities. detention facilities. infiltration facilities or other storm water facilities are orooosed on slooes greater than 15 %. within two hundred feet of slooes steeoer than thirty oercent. near a landslide area. near an Environmentally Sensitive Area. or where the Director deems that the orooosed construction ooses a ootential hazard due to its moximitv to a slooe. shall. when required by the Director. include a geotechnical analysis. oreoared bya qualified engineer. The geotechnical analysis shall address the effects of groundwater interceotion and infiltration. seeoage. ootential slio olanes and changes in soil bearing strength. 13.63.230 - Soils Analysis. All site develooment activities where infiltration facilities are orooosed or where the soils underlying the orooosed oroiect have not been maooed. or where existing soils maos of the oroiect site are inconsistent. or where the Director deems that existing soils maos of the oroiect site are not of sufficient resolution to allow mooer engineering analysis. shall include a soils investigation reoort. 13.63.240 - Permit Modifications. Prooosed modifications to an aooroved Permit must be submitted to the Deoartment of Communi tv and Economic Develooment and be reviewed for comoliance with this chaoter. Substantial orooosed modifications. as determined by the Director. shall require additional review fees and shall require re-issuance of the required oermit. Minor orooosed modifications may be acceoted by the Director without requiring the re- issuance of the acceoted oermit or the oavrnent of additional review fees. . 13.63.250 - Erosion and Sedimentation Control. A. All final drainage. grading. clearing or other site develooment actiyities requiring -21- J - 29 acceptance from the City of Port Angeles Department of Public Works and Utilities shall include . a plan for the control of erosion and sedimentation as required in Chapter 6 of the City's Urban Service Standards and Guidelines Manual and in Chapter 15.28 of the Port Angeles Municipal Code for the period beginning with the commencement of site development activity and continuing without interruption until permanent site stabilization is achieved. B. No clearing. grubbing. grading or other construction activity may take place on a project site until an erosion and sedimentation control plan has been approved by the Department of Public Works and Utilities. 13.63.260 - Property Owner Responsible for Stormwater System Maintenance. A. Anv person or persons holding title to a property for which storm water facilities and BMP's have been required by the City of Port Angeles shall be responsible for the continual operation. maintenance and repair ofthe storm water facilities and BMP's in accordance with the provisions of this chapter. B. For privately maintained storm water facilities. the maintenance requirements specified in the Washington State Department of Ecology's 2005 Stormwater management Manual for Western Washington. Chapter 4. Volume V. shall be enforced against the owner(s) of the subject property served by the storm water facility. 13.63.270 - Maintenance Covenant Required for Privately Maintained Drainage Facilities. A. Prior to the beneficial use of a project constructed under a City Building Permit or a Stormwater Discharge Permit. the owner shall record a maintenance covenant which guarantees the City of Port Angeles that the storm water facilities shall be properlv operated. maintained and inspected. The restrictions set forth in such covenant shall be included in any instrument of convevance ofthe subject property and shall be recorded with the Clallam County Auditor. B. Maintenance covenants shall remain in force for the life of the development. or until the responsibility for the operation and maintenance of the subject storm water facilities is accepted by the City of Port Angeles. C. Maintenance covenants shall include the maintenance standards specified by the Department of Ecologv's 2005 Stormwater Management Manual for Western Washington. Chapter 4. Volume V. a list of maintenance activities and proposed inspection intervals for each element ofthe private stormwater system. and a guarantee that anv maintenance necessary for anv element ofthe stormwater system will be performed to the standards specified bv the Department of Ecology's 2005 Stormwater Management Manual for Western Washington. Chapter 4. Volume V and within the following schedule: 1. Within 1 year for wet pool facilities and retention/detention ponds: 2. Within 6 months for typical maintenance: 3. Within 9 months for maintenance requiring re-vegetation: 4. Within two years for maintenance that requires capital construction ofless than $25.000. 13.63.280 - City Inspections of Privately Maintained Storm Water Facilities. The City is authorized to enter at all reasonable times in or upon any property. public or private. for the pumose of operating or maintaining the storm and surface water facilities. or to inspect or -22- J - 30 . . :' ;,-j, . . investigate anv condition relating to the storm water utility: provided, that the City shall first obtain permission to enter from the owner or person responsible for such oremises. If entry is refused, the City shall have recourse to every remedy provided bv law to. secure entry. Notwithstanding the foregoing, whenever it appears to the City that conditions exist requiring immediate action to protect the public health or safety, the City is authorized to enter at all reasonable times in or upon any property, public or private, for the purpose of inspecting, investigating or correcting such emergencv condition. . 13.63.290 - City Acceptance of New Storm Water Facilities. The City will accept for maintenance those new residential storm water facilities constructed under an approved City Building Permit or Stormwater Discharge Permit that meet the following conditions: A. Improvements in residential plats/PRD's have been completed on at least eighty percent of the lots, unless waived by the Director: and B. All drainage facilities have been inspected and accepted by the Director and said drainage facilities have been in satisfactory operation for at least two years: and C. All drainage facilities reconstructed during the maintenance period have been accepted bv the Director: and D. The storm water facility, as designed and constructed, conforms to the orovisions of this chapter: and E. All easements and tracts required under this chapter, entitling the City to properly operate and maintain the subiect drainage facility, have been conveyed to the City of Port Angeles and have been recorded with the Clallam County Auditor: and F. For non-standard drainage facilities, an operation and maintenance manuaL including a maintenance schedule, has been submitted to and accepted by the Citv of Port Angeles: G. A complete and accurate set ofreoroducible mylar as-built drawings have been provided to the City of Port Angeles. H. A maintenance fee will be assessed to cover the City's costs for maintenance of the stormwater facilities for the life of the development. The fee will be determined based on the complexity and maintenance requirements of the system and the City's labor and equipment costs. . 13.63.300 - City Acceptance of Existing Storm Water Facilities. The City of Port Angeles will accept for maintenance those storm water facilities for residential developments existing prior to the effective date of the ordinance codified in this chapter that meet the following conditions: A. Improvements in residential plats/PUD's have been completed on at least eightv percent of the lots: and B. An inspection bv the Director has determined that the storm water facilities are functioning as designed; and C. The storm water facilities have had at least two years of satisfactory operation and maintenance, unless otherwise waived by the Director: and D. The person or persons holding title to the properties served by the storm water . facilities submit a petition containing the signatures of the title holders of more than fifty percent of the lots served by the storm water facilities requesting that the City maintain the storm water facilities: and -23- J - 31 E. All easements required under this chapter. entitling the City to properly operate and maintain the subiect storm water facilities. have been conveyed to the City of Port Angeles and have been recorded with the Clallam County Auditor: and F. The person or persons holding title to the properties served by the storm water facilities shows proof of the correction of any defects in the drainage facilities. as required by the Director. G. A maintenance fee will be assessed to coyer the City's costs for maintenance of the stormwater facilities for the life of the development. The fee will be determined based on the complexity and maintenance requirements ofthe system and the City's labor and equipment costs. 13.63.310 - Easements. Tracts and Covenants. A. Drainage easements shall be provided in a proposed development for all storm water conveyance systems that are not located in public rights-of-way or tracts. The drainage easements shall be granted to the parties responsible for providing on-going maintenance of the systems. B. Drainage easements through structures are not permitted. C. Storm water facilities that are to be maintained by the City of Port Angeles. together with maintenance access roads to the facilities. shall be located in a public right-of-way. separate tract dedicated to the City of Port Angeles. or drainage easement located in designated open space. The exception is for storm water conveyance pipes that may be located within easements on private property. provided that all catch basins can be accessed without entering private property. D. All runoff from impervious surfaces. roof drains and yard drains shall be directed so as not to adversely affect adiacent properties. Wording to this effect shall appear on the face of all final plats/PUD's. and shall be contained in any covenants required for a development. 13.63.320 - Extensions -When Required. A storm drain main extension may be required whenever more than one (1 ) residence or customer is provided service and either the property to be served does not abut a storm drain main or the existing storm drain main is not adequate to provide the necessarv service. Main extensions shall be extended to the far side (upstream) property line of the premises being served. 13.63.330 - Extensions - Application. A. The person desiring a storm drain main extension shall apply to the Director requesting permission to extend the City's storm system. B. The Director shall review the application. and. if the requested extension is determined to be a proper extension of the storm system. shall provide the petitioner with the design requirements for the extension. C. Ifthe requested main extension is determined to be an improper extension of the storm system. the application shall be denied. 13.63.340 - Extensions - Preparation of Plans and Specifications. Upon receipt of the design requirements from the Department. the petitioner shall prepare plans and specifications for the extension to be prepared. All design and construction plans and specifications shall be in accordance with this Chapter and the City's Urban Services Standards and Guidelines Manual. -24- J - 32 . . . . The completed plans and specifications shall have a valid Washington State Professional Ene:ineer's seal and endorsement and shall be submitted to the Department for review and approval. 13.63.350 - Extensions - Inspection - Fee - Deposit Required. After approval ofthe plans and specifications, the Department shall provide the petitioner with an estimate of the. construction inspection fee. A 2.ermit for construction will be issued after the inspection fees and estimated main connection chare:es have been deposited with the City Treasurer. Ifthe Director determines that the remainine: funds are not adequate to provide necessary inspection for proiect completion, the petitioner shall be notified of such and an estimate of additional inspection fee required will be provided. The additional fees shall be deposited with the City Treasurer prior to depletion ofthe funds on deposit. Any monies unexpended from the inspection deposit upon completion of the proiect shall be returned to the petitioner. . 13.63.360 - Construction of Main Extensions. A. Storm drain main extensions may be made by private contract. throue:h local improvement district procedure, or by Department forces. B. Any main extension built by parties other than the Department's forces shall be done by a licensed and bonded contractor of the State ofWashine:ton. C. Extension by the Department's forces shall be at the expense of the person requestine: construction of the main. D. All main extensions must be in the City's frontae:e of the applicant's property and/or other public rie:hts-of-way. 13.63.370 -Acceptance of Main Extensions. A. The City reserves the rie:ht to reject any installation not inspected and approyed by the Department. B. Upon satisfactory completion of all required tests and acceptance of the main extension, the Department shall cause the extension to be connected to the City system. All costs incurred in such connection( s). inc1udine: overhead and administrative chare:es, shall be the responsibility of the petitioner. Any adjustment on the actual cost of installation because of variance between the estimate and the actual cost shall be adjusted by refund upon completion of the iob by the petitioner or by pavrnent by the petitioner to the City of any additional expense above the estimate. C. No storm drain main extension shall be put into service other than for testpurooses by duly authorized personnel until the main extension has been accepted by the City and all fees and chare:es have been paid. 13.63.380 - Extensions - Construction Drawine:s. A. Upon completion of a main extension, the petitioner shall provide the Department a reproducible mylar drawine: that accurately indicates the main extension and appurtenances as actually installed in plan and profile. B. No main extension will be accepted until satisfactory "as built" drawine:s are provided. . -25- J - 33 13.63.390 - Main Extensions Deeded to City. A. The oermit holder shall orovide the City with a deed of convevance for all main extensions as a condition of acceotance of the main extension bv the Citv. B. The transfer of anv main to the City shall be on the condition that the owner, district comoanv, constructor, or contributor shall transfer or orovide for anv necessary and orooer franchise. . 13.63.400 - Violations of This Chaoter. The construction or installation of anv structure, the connection to a oublic storm draina2:e facilitv, the illicit or ille2:al dischar2:e to a oublic storm draina2:e facility, violations of the construction site stormwater oollution orevention olan, or the failure to ooerate and maintain a oermitted stormwater facility which violate the orovisions of this chaoter shall be declared to be unlawful and a oublic nuisance and mav be abated as such throu2:h the use of civil oenalties, stoo-work orders, water service shut offs, education and outreach as well as any other remedies which are set forth in this chaoter, includin2:, but not limited to, revocation ofanyoermits. If the Director chooses to utilize Title 9 of this Code then a violation of any orovision of this chaoter shall constitute a Class II misdemeanor. Each violation shall constitute a seoarate infraction for each and everv day or oortion thereof durin2: which the violation is committed, continued or oermitted. The choice of enforcement action taken and the severity of any oenalty shall be based on the nature of the violation, the dama2:e or risk to the oublic or to oublic resources, and the resoonse of the offender to less severe enforcement actions. 13.63.410 - Insoection. A. Routine Insoections. The Director or his desi2:ilee shall have access to any site for which a site develooment activity oem1it has been issued oursuant to Section 13.63.270 durin2: re2:lilar business hours for the ouroose of on-site review and to insure comoliance with the terms of such oermit. The aoolicant for any such oermit shall a2:ree in writin2:, as a condition of issuance thereof, that such access shall be oermitted for such ourooses. B. Insoection for Cause. Whenever there is cause to believe that a violation of this title has been or is bein2: committed~ the director or his desi2:nee is authorized to insoect the oroi ecC and anv oart thereof reasonably related to the violation, durin2: re2:lilar business hours, and at any other time reasonable in the circumstances. The aoolicant for any site develooment activity oermit under this chaoter shall. as a condition of issuance of such oermiC a2:fee in writin2: that such access to the oroiect site, which inhibits the collection of information relevant to enforcement of the orovisions of this chaoter, shall be 2:rounds for issuance of a stoo work order by the Director or his desi2:nee. . -26- . J - 34 . condition ofthe site or of the storm water drainage svstem creates an imminent hazard to oersons or orooertv. the insoector mav enter. 13.63.430 - Test Procedure. In the event that water quality testing is utilized in determining whether a violation of this chaoter has occurred. the water quality test orocedures shall be followed as described in the most recent edition of the Code of Federal Regulations. Part 136. 13.63.440 - Stoo Work Orders. Stoo work order means a written notice. signed bv the Director or his assignee. that is oosted on the site of a construction activity. which order states that a violation of a City of Port Angeles ordinance has occurred and that all construction-related activitv. exceot for erosion and sedimentation control activities authorized bv the Director. is to cease until further notice. The Director mav cause a stoo work order to be issued whenever the Director has reason to believe that there is a violation of the terms of this section. The effect of such a stoo work order shall be to require the immediate cessation of such work or activitv until authorization is given bv the Director to oroceed. . 13.63.450 - Cumulative Civil Penalty. Every oerson who violates this chaoter. or the conditions of a Building Permit or Stormwater Discharge Permit olan. mav shall be liable for a civil oenaltv. The oenaltv shall not be less than one hundred dollars or exceed one thousand dollars for each violation. This oenalty shall be in addition to anv other oenaltvorovided bv law. Each and every such violation shall be a seoarate and distinct offense. and each dav of continued or reoeated violation shall constitute a seoarate violation. 13.63.460 - Aiding or Abetting. Anv oerson who. through an act of commission or omission. aids or abets in the violation shall be considered to have committed a violation for the ourooses of the civil oenaltv. 13.63.470 - Order to Maintain or Reo air. The Director shall have the authority to issue to an owner or oerson an order to maintain or reoair a comoonent of a storm water facility or BMP to bring it in comoliance with this section. The order shall include: A. A descriotion of the soecific nature. extent and time of the violation and the damage or ootential damage that reasonablv might occur: B. A notice that the violation or the ootential violation cease and desist and. in aoorooriate cases. the soecific corrective actions to be taken: and C. A reasonable time to como Iv. deoending on the circumstances. . 13.63.480 - Notice of Violation - Assessment of Penalty. Whenever the Director has found that a violation of this section has occurred or is occurring. the Director is authorized to issue a notice of violation directed to the oerson or oersons identified bv the Director as the violator. A. The notice of violation shall contain: 1. The name and address of the orooertv owner: 2. The street address. when available. or a legal descriotion sufficient to identify the building. structure. oremises or land uoon or within which the violation is occurring: -27- J - 35 3. A statement of the nature of such violation(s): 4. A statement of the action that is required to be taken within twenty-one days from the date of service of the notice of violation. unless the Director has determined the violation to be hazardous and to be requiring immediate corrective action. or unless the corrective action constitutes a temporary erosion control measure: 5. A statement that a cumulative civil penal tv in the amount of not less than one hundred dollars and not exceeding one thousand dollars per day shall be assessed against the person to whom the notice of violation is directed for each and every day following the date set for correction on which the violation continues: and 6. A statement that the Director's determination of violation may be appealed to the City Manager bv filing written notice of appeal. in duplicate. with the City Manager's Office within twenty days of service of the notice of violation. The per diem civil penalty shall not accrue during the pendency of such administrative appeal unless the violation was determined bv the Director to be hazardous and to require immediate corrective action or was determined bv the Director to constitute a temporary erosion control measure. , B. The notice of violation shall be served upon the person(s) to whom it is directed either personally or bv complaint in superior court proceedings or bv mailing a cOPV of the notice of violation bv certified mail. 13.63.490 - Appeal and Disposition. A notice of violation issued pursuant to this chapter shall have the following appeal options: A. Within thirty days from the date of receipt of the notice of violation. the aggrieved person may make application for relief from penalty to the Director. Such application shall contain any information relevant to the situation that the aggrieved party believes the Director ,should consider. The Director may cancel. lower or affirm the penalty. B. Within fifteen days from the date of receipt of the Director's response to said application for relief from penalty. the aggrieved party may have the appeal considered bv the City Council at its next available regularly scheduled meeting date following the filing of the appeal. The City Council shall issue their decision within fifteen days of the completion of the hearing. The aggrieved party shall be notified bv certified mail of the determination of the City Council. 13.63.500 - Liabilitv for Costs of Investigation. Anv person found to be in violation of this chapter shall be responsible for the costs of investigation bv the City. Such cost may include the analytical services of a certified laboratory. 13.63.510 - Collection of Civil Penalty. The civil pena1tv constitutes a personal obligation ofthe person( s) to whom the notice of violation is directed. Penalties imposed under this chapter shall become due and payable thirty days after receiving notice of penalty unless an appeal is filed. The City attorney. on behalf of the City. is authorized to collect the civil penalty bv use of appropriate legal remedies. the seeking or granting of which shall neither stay nor terminate the accrual of additional per diem penalties so long as the violation continues. 13.63.520 - Compromise Settlement and Disposition of Suits. The Director and the City Attornev are authorized to enter into negotiations with the parties or their legal representatives -28- J - 36 . . . . named in a lawsuit for the collection of civil penalties to negotiate a settlement. compromise or otherwise dispose of a lawsuit when to do so will be in the best interest ofthe City, provided that a report shall be submitted to the City Manager in anv instance when a compromise settlement is negotiated. . 13.63.530 - Hazards. A. Whenever the Director determines that anv eXlstmg construction site, erosion/sedimentation problem, drainage facility, illicit discharge or illicit cOlmection poses a hazard to public safety or substantiallv endangers propertv, or adverselv affects the condition or capacitv of the drainage facilities, or adverselv affects the safetv and operation of City right-of- wav, or violates State water pollution laws, the person to whom the permit was issued, or the person or persons holding title to the property within which the construction site, erosion/sedimentation problem, drainage facility, illicit discharge or illicit connection is located, shall upon receipt of notice in writing from the Director, repair or otherwise address the cause of the hazardous situation in conformance with the requirements of this chapter. B. Should the Director have reasonable cause to believe that the situation is so adverse as to preclude written notice, he may take the measures necessary to eliminate the hazardous situation, provided that he shall first make a reasonable effort to locate the owner before acting, in accordance with Section 13.63.270. In such instances, the person or persons holding title to the subiect property shall be obligated for the payment to the City of Port Angeles of all costs incurred by the City. If costs are incurred and a bond pursuant to this chapter or other City requirement has been posted, the Director shall have the authority to collect against the bond to cover costs incurred. Section 3. Sections of Ordinance 2734, as amended, and Sections of Chapter 15.28 of the Port Angeles Municipal Code are hereby amended to read as follows: 15.28.010 - Purpose. This Chapter is adopted forthe following purposes: A. To plomotc, pIOtect, and plC5CI ~c the public interc5t by c5tahli5hing 5tandald5 fOJ and lcgulating l,llld alLclation, Pillticularly the ckaling, glading, filllng, and/or dlainagG ofland in thc City without prevClit~l1g the lea50nabk U5e ofland, D. To lCgUlatC laud-d~5tulbillg activity fal contIOl of CI05~0l1, 5cd~ulvlltatioll, stollll~atGl lunorr, l'tiatCI pollution, vegetation le-moval, and laud5lide in OJdel to minimize damage to public and pIi v ate pIOpe-rty, C. To pIOwotc build~ng and site planning plad~ees that are cons~stcnt with th.: City'5 natulal topoglaphy, so~b, and vegetation featulG5 auJ which implcm':llt tile Port Angeles Complehensive Plan and the Washington State Environmental Policy Act, D. To minimi.t,c hazards to li&, health, and plopcrty, E. To lequire that dCvelopment of env ilonmcntally sCllsitive lallds bc accomplishcd in a manllel which pIOte.:t5 those area5 from damagc OI dcgladation and which promotes the health, safety, and welfare of the public. . A. To promote the public health, safety, and general welfare of the citizens and protect public and private resources of the City without preventing the reasonable use. -29- J - 37 development, and maintenance of land: B. To avoid or minimize impacts of clearing and grading as a component of land disturbance activities to adjacent and downstream public or private property: C. To encourage site development on public and private property. including clearing. excavation. and filling in such a manner as to minimize hazards to life. health. and property: D. To preserve and enhance the physical and aesthetic character of the City bv preventing untimely and indiscriminate removal or destruction of trees and ground cover: E. To preserve. replace. or enhance the natural qualities oflands. watercourses. and aquatic resources. preserve and protect priority fish and wildlife habitats. minimize water quality degradation and the sedimentation of creeks. streams. ponds. lakes. wetlands. marine waters. and other water bodies. and preserve and enhance beneficial uses: F. To minimize surface water runoff and diversion which may contribute to flooding: G. To reduce siltation in City streams. lakes. storm sewer systems. and public roadside improvements: H. To reduce the risk of slides and the creation of unstable building sites: 1. To promote building and site planning practices that are consistent with the City's natural topography. soils. and vegetative features while at the same time recognizing that certain factors such as disease. danger of fallings. proximity to existing and proposed structures and improvements. interference with utility services. protection of scenic views. and the realization of a reasonable enjoyment of property may require the removal of certain trees and ground cover: J. To ensure prompt development, restoration. and replanting and effective erosion control of property after land clearing and grading: K. To promote site development planning and building practices that provide for managing surface water runoff on-site and are consistent with the Citv's natural topography. vegetation cover. and hydrology: L. To establish a City review process for potentially impactful land disturbing projects to ensure these regulations and goals are met. Notwithstanding the above-stated purposes, nothing in this Chapter is intended to or shall be deemed to create a duty of the City to protect or promote the interests of any particular person or class of persons. Further, the existence ofthese regulations or any failure, refusal, or omission ofthe City to enforce any provision in this Chapter is not intended to prevent, supplant, or affect the right of any person affected by the clearing, grading, filling, and/or drainage operations of another to invoke such private remedies as may be available against such other 15.28.020 - Definitions. In addition to definitions contained in Chapter 15.02 and 15.20, the following definitions shall apply. Where definitions exist in both 15.02. 15.20. and 15.28.020, the definitions in 15.28.020 shall apply. A. "Accelerated erosion" means any increase over the rate of natural erosion as a result of land.-disturbing activity. B. "Approval" means, for the purposes of this Chapter, approval by the City Engineer. C. "Buffer zone" means a parcel or strip of land that is required to permanently remain in an undisturbed and untouched condition and within which no building, clearing, grading, or filling is permitted, except for minor maintenance necessary to protect life and property. -30- J - 38 . . . . . D. "Clearing" means the removal of timber trees, brush, grass, ground cover, or other vegetative matter from a site which exposes the earth's surface on the site or results in the loss of forested areas. E. "Clearing and Grading Permit" means the written permission of the City to the applicant to proceed with the act of clearing, grading, filling, and/or drainage which could disturb the land surface. F. "Director" means the Director of Public Works and Utilities or an authorized agent of the Public Works and Utilities Department. G. "Environmentally Sensitive bmd Areas" include, but are not limited to, lands identified as environmentally sensitive areas, locally unique features, or critical areas by the City in accordance with the provisions of the State Environmental Policy Act and the Growth Management Act and Section 15.20 of the Port Angeles Municipal Code. H. "Filling" means the act of transporting or placing (by any manner or mechanism) fill material from, to, or on any soil surface, natural vegetative covering of soil surface, or fill material (including temporary stockpile of material). 1. "Grading" means any act which changes the grade or elevation of the ground surface and for the purposes of this Chapter also includes the excavation and removal of earth material. 1. "Impervious Surface" means a hard surface area that either prevents or retards the entry of water into the soil mantle under natural conditions prior to development or that causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other surfaces which similarly impede the natural infiltration of stormwater. K. "Sedimentation" means the process of deposition of soil and organic particles displaced, transported, and deposited by erosive processes. L. "SWPPP" means Stormwater Pollution Protection Plan. 15.28.030 - Clearing and Grading Permit Required. A. No person, corporation, or other legal entity shall make changes or cause changes to be made in the surface of any land by clearing, grading, filling, or drainage alteration in the City without having first obtained a valid clearing and grading permit from the City Engineer; except for those activities that are exempt as described in Section 15.28.040. A Clearing and Grading Permit is required orior to anv of the following: . 1. Any clearing, filling, excavation, or grading in an environmentally sensitive area, critical area, or critical area buffer. 2. Land disturbance of one (1) acre or more. See the Urban Services Standards and Guidelines, Section 6.02.1 for sites under 1 acre. 3. Fill and/or excavation of fifty (50) cubic yards or more, even if the excavated material is used as fill on the same site. rOuantities of fill and excavation an~ calculated separately and then added together to determine the total quantity for the site.l 4. Clearing or grading. that will likely penetrate the ground water table, including the construction of ponds and reservoirs. -31- J - 39 5. An excavation which is more than five (5) feet in depth or which creates a cut slope greater than five (5) feet in depth or which creates a cut slope greater than five (5) feet in height and steeper than two units horizontal in one unit vertical (2: 1 ). 6. Anv re-grading or paving on an area used for stormwater retention or detention or alteration of an existing drainage course. 7. Anv proposal to cut down or top bv more than one quarter anv tree( s) that are required to be preserved bv City code. plat condition. or other requirement. B. Permits are not transferable, unless approved in writing by the City Engineer. The transfer will only be approved when the new applicant has demonstrated that it can and has complied with the conditions of the permit. 15.28.040 - Permit Exemptions. Written permit exemptions shall be issued by the City Engineer. The following shall be exempt from the permit requirements of this Chapter, provided that the exemptions set forth in SubsGGtions O-J 5hall below mav not apply in situations where properties include environmentally sensitive areas. An exemption from a Clearing and Grading Permit does not exempt the person doing the work from meeting all applicable federal. state. and local codes. standards. guidelines. regulations. and permit requirements: A. Land clearing, grading, filling, sandbagging, diking, ditching, or similar work during or after periods of extreme weather or other emergency conditions which have created situations such as flooding or high fire danger that present an immediate danger to life or property; B. Land clearing necessitated by order of the City Council related to the abatement of a public nuisance, where the work is administered by the City; €: The IGmoval of de,ad... tlGGS or of disGa5Gd... 01 damage,d tIe,e,5 whiGh constih1te, an immil1Glrt hazald to life 01 plOpe,lty c15 dCSGlibGd ill 15.28.0900; BC. ThG d~arillg Work by a public age,uGY 01 a flanGhiscd utility performed under the direction onhe Citv Engineer within a public right-of-way or upon an easement, for the purpose of installing and maintaining water, stormwater, sanitary sewer, power, cable, or communication lines; ED. Cemetery graves; F~. NOll-de:.tlUGti vC vegetatioilllilllming vv itll1Jlo!-'l;;l removal alld di:,!-,usal of deblit:.. 6L Land disturbance that is less than one acre. except those sites meeting anv of the conditions listed in 15.28.030 or where an adiacent area containing disturbed areas under the same ownership or chain of ownership has been similarlv exempted so that the combined area is one acre or more and final site stabilization is not complete Land tllat i1> onG aGle, 01 le,t:.i>, GXCGpt whele an adjaGGlit arGa undor the, Mlhe, u~nGlship 01 dlain of ownelship hM been similarly exempted so that thG Gombin~d are,a i5 gle,atCl than one, aCle, and elosion Gontrol hM ilOt bGGn IG- established; HG. If a building permit is issued, no additional clearing, grading, or filling permit or associated fee will be required.; However. the standards established in this manual and bv City ordinance shall be applied as a condition of said building permit. pIa v ide,d that the standal ds Gstablishcd in this ChaptGl and pulSl1ant hCle,tO shall bG applied to the, issuanGG of said building permit; H. land to uses Forest practices regulated under RCW 76.09. (Activities involving conversion of other than commercial timber production are subiect to clearing and grading -32- J - 40 . . . . regulations. ) 1. Refuse disposal sites controlled bv other regulations. J. Mining. quarrying. excavation. processing. or stockpiling of rock. sand. gravel. aggregate. or clav where established and provided bv law provided such operations do not affect the lateral support of or increase the stresses in or pressure upon anv adiacent or contiguous property. K. Agricultural crop management of existing and ongoing farmed areas as defined per RCW 84.34.020. L. Routine landscape maintenance of existing landscaped areas on developed lots. M. Routine drainage maintenance of existing. constructed stormwater drainage facilities located outside of an environmentallv sensitive or other protected area. including. but not limited to. detention/retention ponds. wet ponds. sediment ponds. constructed drainage swales. water qualitv treatment facilities. such as filtration svstems and regional storm facilities that are necessarv to preserve the water quality treatment and flow control functions of the facility. This exemption does not applv to anv expansion or modification to existing excavated and constructed stormwater drainage facilities. N. Roadwav repairs and overlavs within a public street right-of-wav for the purpose of maintaining the pavement. curbing. or sidewalk of existing paved roadwavs. 1. Developments 1.ugel than one aGie in implO\ied aleM 5el ved by paved streets, eurbt., guttelt., StOllD dlains, alid othel dlainage faeiliti(:,s, J. W 011.., Wkli approved by the City Engineer, in an isolated, self-contained al~a, if thele is no dang~r to private vI publiG fHopelty. . 15.28.050 - Permit Application. An application for a clearing and grading permit shall be submitted on a form provided by the City and identifying the property and owner. Other information may be required by the City Engineer to carry out the provisions of this Chapter. 15.28.060 - Plans and Specifications. Each application shall be accompanied by-a minimum of three (3) sets of plans and specifications, including calculations. The plans and speGifieatiom; shall be plepaled by a pel son familial with the site. POI more eomplieatc'd sites, the The City Engineer may require that the plans and specifications be prepared by an appropriate qualified professional who shall have his/her signature and stamp affixed to each set. The plans and specifications may shall include the appropriate information nom the follow illg as follows: A. An accurate plan of the entire site as it exists at the time of the application, which includes: 1. All property lines; 2. Contours over the entire site (five-foot contour intervals are standard, but other intervals may be required in specific circumstances); 3. The date, basis, and datum of the contours; 4. A graphic representation of existing vegetation on the site designated by its common names, the amount of bare ground, and the amount and type of impervious material (rock and artificial); 5. 6. The location of all existing drainage facilities, natural and man-made; The location and estimated capacity of any areas which impound surface . water; -33- J - 41 7. The location and estimated discharge of all visible springs; 8. The location of all structures, utilities, and their appurtenances, including structures and utilities on adjacent properties when such information is reasonably available; 9. Date, north arrow, and adequate scale as approved by the City Engineer on all maps and plans; 10. Identification of and mitigation measures for on-site areas which are subject to severe erosion, and off-site areas which are especially vulnerable to damage from erosion and/or sedimentation. B. The proposed work schedule, which details the following: 1. Sequence for clearing, grading, filling, drainage alteration, and other land- disturbing activities; 2. On-site soil or earth material storage locations and source of import materials, and location of the site where spoils will be disposed; 3. Schedule for installation and removal of all interim erosion and sediment control measures, including vegetative measures; 4. Schedule for construction of final improvements, if any; 5. Schedule for the installation of required permanent erosion and sediment control devices; 6. An outline ofthe methods to be used in clearing vegetation and in storing and disposing of the cleared vegetative matter. C. An accurate finished grading plan of the entire site as it would appear after the completion of work covered by the permit, showing the following: 1. The finished contours achieved by grading (at the same intervals as the existing contours); 2. The boundaries of all areas to remain undisturbed, and identification and the location of all other vegetation shown on the plan that will remain after the completion of work; 3. Drainage and related facilities to be constructed with and as a part of the proposed work; 4. Boundaries of all areas where surface water runoff will be retained, detained, or infiltrated; 5. The method for discharging surface water off-site, including the provisions required to control the velocity and direction of discharge to protect downstream properties; 6. The location of building setback lines, and approximate limits of cuts and fills, including but not limited to foundations, retaining walls, and driveways; 7. Location and dimensions of environmentally sensitive areas and buffer zones and other areas to be maintained or established; 8. The location and description of proposed erosion and sedimentation control devices or structures and schedule of maintenance; 9. Off-site grading shall be noted on the plans, and a dated letter of permission from the property owner ofthe land affected shall be provided and noted on the plans. 15.28.070 - Additional Application Information. The City Engineer may require the applicant to submit additional information when he find!> the submitted plans and specifications and associated information are not clear enough to allow for an adequate determination, or when -34- J - 42 . . . . special conditions are found to exist which require specific explanation. This additional information may include, but is not limited to, the following: A. Hydrologic and hydraulic computations of expected storm runoff entering and leaving the site for pre- and pm;t-development conditions; B. Engineering geology and soils reports as needed for hydrology, hydraulics, and erosion control design; e. Erosion and Sediment Control Plan and supporting calculations; D. An engineer's cost estimate of the temporary drainage facilities and final erosion and sediment control when such information is necessary for bonding purposes; E. Inspection and maintenance agreement; F. Letters of Permission: Off-site grading shall be supported by a dated letter of permission from the affected property owner(s); G. A copy of the Hydraulic r"lmit Aoolieation Proiect Approval eHP A) issued by the Washington Sate Department of Fisheries; and Wildlife if it an HP A is required. 15.28.080 - Review Criteria. The City Engineer shall review the permit applicationfor compliance with all City ordinances, adopted standards, requested additional data, and the Citv Comprehensive Plans. . 15.28.090 - Standards. No land-disturbing activity subject to the control of this Chapter shall be undertaken except in accordance with the following mandatory standards: A. Protection of property: Persons and entities conducting land-disturbing activities shall take all reasonable measures to protect all public and private property from damage caused by such activities. B. Vegetation Protection. Vegetation that is to be retained shall be delineated on the site plan. Be. Wetland buffers: No land-disturbing activity shall be permitted in an approved wetland buffer; except as otherwise allowed by applicable laws and permits. eD. Graded slopes and fills: The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control devices or structures. m1 Ground cover: No land-disturbing activity shall be undertaken until installation of sufficient erosion and sediment control devices to retain the sediment generated by the activity within the boundaries of the tract during construction upon and devclopmeut of said traet has been completed. Plantings or a permanent ground cover shall be provided immediately after completion of grading to sufficiently restrain erosion. Ef. Use of vegetative measures: V"getation mGMtllCS using Native plants shall be used for erosion and sediment control wherever feasible, rather than structural measures such as pipes, structures, or other devices. FG. DhvironlHGiltally sensitive Critical areas: Construction within emilOllmentally sGllsitive Critical Areas and Critical Area buffers shall be in compliance with Chapter 15.20 P AMC Environmentally Sensitive Areas Protection Ordinance and shall be subject to the review of the Director of Community and Economic Development. 6H. Removal of dead or diseased trees from environmentally sensitive areas or buffers is allowed provided that: . -35- J - 43 1. The applicant submits a report from a certified arborist, registered landscape architect, or professional forester or arborist that documents the hazard and provides a replanting schedule for the replacement of trees; 2. Tree cutting shall be limited to limbing and crown thinning, unless otherwise justified by a qualified professional. Where limbing or crown thinning is not sufficient to address the hazard, trees should be reduced in height to remove the hazard rather than cut at or near the base of the tree; 3. All cut vegetation em (tree stems, branches, tops, etc.) shall be left within the environmentally sensitive area or buffer unless removal is warranted due to the potential for disease transmittal to other 11GaltllY vegetation, or if the environmentally sensitive area is a steep slope or marine bluff. 4. The landowner shall replace any trees that are felled or topped with new trees at a ratio of two replacement trees for each tree felled or topped (2: 1) within one (1) year in accordance with an approved restoration plan. Tree species that are native and indigenous to the site and with a minimum caliper of two (2) inches shall be used for replacement; 5. Ifa tree to be removed provides critical habitat, such as an eagle perch, a qualified professional wildlife biologist shall be consulted to determine timing and methods or removal that will minimize impacts; and 6. Hazard trees determined to pose an imminent threat or danger to public healthor safety, or to public or private property, or serious environmental degradation may be removed or pruned by the landowner prior to receiving written approval from the City of Port Angeles provided that with~n fourteel1 (14) days following such action, the landowner shall submit a Clearing and Grading Permit application accompanied b~ restoration plan that demonstrates compliance with the provisions of this Title. 15.28.100 - Conditions. In granting any clearing and grading permit, the City Engineer may attach the conditions reasonably necessary to prevent erosion and sedimentation. Such conditions may include, but are not limited to, installing walls, swales, drains, retention facilities, or other structures~; planting appropriate vegetation.l.; installing erosion and sediment control measures or devices.l.; furnishing necessary letters of permission and! or easements.l.; and specifying method of performing the work. Such items must be identified on the approved grading, erosion, and sediment control or other required plans. In addition, the following shall be conditions of all permits: A. A Construction Stormwater Pollution Prevention Plan (SWPPP) is required in conjunction with a Clearing and Grading Permit for sites that disturb one acre of land or more. A Temporary Erosion and Sediment Control Plan (TESCP) is required in conjunction with a Clearing and Grading Permit for sites that disturb less than one acre of land. The SWPPP or TESCP shall meet all requirements as set forth in Chapter 6 of the current edition of the City of Port Angeles' Urban Services Standards and Guidelines, including any amendments or revisions thereto. 1rB. Notify the City forty-eight (48) hours before commencing any land-disturbing activity. BC. Notify the City of completion of any control measures within forty-eight (48) hours after their completion. eD. Obtain written permission in writing from the City Engineer prior to mudi[Y~11g -36- J - 44 . . . .. any modification of the any approved plans. BE. Install all control measures as identified in the approved plans. EF. Maintain all road drainage systems, stormwater drainage systems, control measures, and other facilities identified in the plans. FG. Repair siltation or erosion damage to adjoining surfaces and drainage ways resulting from land dc'v dopillg 01 disturbing activities. 6H. Inspectthe erosion construction control measures at least once each week during construction and after each runoff producing rain event of 0.5 inches 01 mOlc (over a 24-hour period), and immediately make any needed repairs. HI. Allow the City to enter the site for the purpose of inspecting compliance with the plans or for performing any work necessary to bring the site into compliance with the plans. n. Keep an up-to-date, approved copy of the plans on the site. tK. Ensure that all workmanship and materials are in accordance with City standards and the most recent edition of the Washington State Specifications for Road, Bridge, and Municipal Construction. . 15.28.110 - Maintenance Responsibilities. The Permittee may be required to orovide * ~ maintenance schedule of constructed temooraryprivate facilities shall be developed for facilities constructed and measures implemented pursuant to this Chapter. The schedule shall set forth1he maintenance and insoection( s) to be completed, the time period for completion, and who shall perform the maintenance and insoection(s). The schedule shall be included with all required plans and permits and shall be recorded by the property owner or agent with the County Auditor so that maintenance and insoection responsibilities attach to the property and shall be the duty of the property owner(s). 15.28.120 - Permit Issuance- Expiration - Extension. A. A clearing and grading permit shall be issued only after compliance with the requirements of this Chapter and the deposit with the City Treasurer of permit fees for plan review, inspection, and related expenses as required pursuant to P AMC 15.28.130 B.Any permit granted under this Chapter shall expire one (1) year from the date of issuance; provided, however, that the City Engineer may set specific limits to the permit ifit is advisable to do so. Upon a sho~illg of good cause, With aooroval ofthe City Engineer a permit may be extended for one (1) twelve-month period. . 15.28.160 - Inspections. A. All projects which include clearing, grading, filling, or temoorary drainage facilities shall be subject to inspection by the City Engineer or his designee, who shall be granted reasonable right of entry to the work site by the permittee. When required by the City Engineer, special inspection of the grading operations and special testing shall be performed by qualified professionals employed by the permittee. Inspections in conjunction with Hydraulic Permits will be performed and enforced by the Washington State Department of Fisheries or Wildlife. B. Each site that has approved grading, erosion and sediment control or other required plans must be inspected as necessary to ensure that the sediment control measures are installed and effectively maintained in compliance with the approved plan and permit requirements. -37- J - 45 Where applicable, the permittee must obtain inspection by the City at the following stages: ... 1. Following the installation of sediment control measures or practices and prior to any other land-disturbing activity; 2. F ollowine: the establishment of anv tree protection zoner s) and prior to anv other land disturbine: activity: zl. During the construction of sediment basins or stormwater management structures; 3-~. During rough grading, including hauling of imported or wasted materials; 4~. Prior to the removal or modification of any sediment control measure or facility; and 5~. Upon completion of final grading, including establishment of ground covers and planting, installation of all vegetative measures, and all other work in accordance with an the approved plan or permit. C. The permittee may secure the services of an engineer, subject to the approval of the City Engineer, to inspect the construction of the facilities and provide the City with a fully documented certification that all construction is done in accordance with the provisions of an the approved, gladiag, crosion and scd~mwtat~on cont1Ol 01 ot11('l lCqui1Cd plan, applicable rules, regulations, permit conditions, and specifications. If inspection certification is provided to the City, then the normal inspections performed by the City for the permit may be waived; In these cases, the City shall be notified at the required inspection points and may make spot inspections. 15.28.180 - Completion of Work. A. Construction Changes. Whenever changes must be made to the olie~l1al, approved plan, the changes shall be submitted to and approved by the City Engineer in advance of the construction of those changes. B. Final Reports. Upon completion ofthe rough grading and at the final completion of the work, the City Engineer may require the following reports, drawings, and supplements thereto to be prepared and submitted by the owner and/or an appropriate qualified professional approved by the City Engineer: 1. An as-built grading plan, including original ground surface elevations, final surface elevations, lot drainage patterns, and locations and elevations of all surface and subsurface drainage facilities. 2. A soils grading and/or geologic grading report, including locations and elevations of field density tests and geologic features, summaries of field and other laboratory tests, and other substantiating data and comments or any other changes made during grading and their effect on the recommendations made in the approved grading plan. C. Notification of Completion. The permittee or his/her agent shall notify the City Engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work has been completed in accordance with the firnd approved glading, c10sion and scdimwtation control clearine: and e:radine: permit. includine: any conditions thereto, and othcr required all approved plans, and the any required reports have been submitted and accepted. 15.28.190 - Posting of Permit. No work shall commence until a valid permit has been -38- J - 46 . . . posted by the applicant on the subject site at a conspicuous location. The permit shall remain posted until the project has been completed and final inspection. 15.28.200 - Administration and Enforcement. The City Engineer is authorized and directed to administer and enforce the provisions ofthis Chapter. For such purpose, he shall have the powers as detailed in P AMC 14.01.060 of a pollGG offiGG1 and may appoint and dGputi.LG such officers, inspectors, assistants, and other employees as may be necessary to carry out the duties and functions of his office and to provide technical data for plans and on~site follow-up inspections to assure implementation of required plans and specifications; except that enforcement of Hydraulic Permits shall be performed by the Washington State Department of Fisheries and Wildlife. 15.28.210 - Appeals. Any person or persons aggrieved by any action ofthe City Engineer pursuant to the provisions ofthis Chapter may file an appeal with tl1\~ COllstldGtioll Code Doald of AppGals as set forth in Chapter +t:et 18.08.130 P AMC. . 15.28.230 - Other Laws. A. Whenever conflicts exist between Federal, State, or local laws, ordinances, or rules, the more restrictive provision shall apply. B. Neither this Chapter nor any administrative decision made under it: 1. Exempts the permittee from procuring otherrequired permits or complying comoliance with the requirements and conditions of such a permit; or 2. Limits the right of any person to maintain against the permittee at any time, any appropriate action, at law or in equity, for relief from damages caused by the permittee arising from the permitted activity. 15.28.240 - Removal of Dirt, Debris, or Other Material Sanctions. A. Whenever property damage is occurring or imminent as a result of an activity inconsistent with thG pu1pOSC and intent ofthis Chapter, as determined by the City Engineer, the offending person, company, or firm shall, after notice of dean up given by the City Engineer, 1 emo v G SUGh matellal 01 make take necessary I C v isions action, as instructed by the City Engineer; to 1 emo v e thG cause ofthe offending aeti v it)1 correct the situation. B. If the person, company, or firm does not take the action ordered by the City Engineer, such offending party shall be guilty of a civil infraction and shall be punisllGd ounishable as set forth in Section 15.28.260. In addition, the City Engineer may cause the debris and other materials to be cleaned up and/or the activity altered. All expenses of such work, including the costs oflitigation, if necessary, and administrative costs shall be chargeable to the owner or other person having charge of or having ordered the activity. Section 4 - Severability. If any provisions ofthis Ordinance or its applications to any . -39- J - 47 person or circumstances is held to be invalid, the remainder of the Ordinance or application of . the provisions of the Ordinance to other persons or circumstances is not affected. Section 5 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 6 - Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect August 15,2009. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the _ day of _,2009. . MAYOR ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: ,2009 By Summary G:\Legal~Backup\ORDINANCES&RESOLUTIONS\ORDlNANCES.2009\14 - Stonnwater.060109.wpd (Juoe 11,2009) -40- . J - 48 ~ ~~ ~i12 ~~ (J) - J /.Q - Oq ~ +tLuf2 Cl(~ ...CAR WASHING & STORM WATER... I '. I f h h k t f't" I??? Is It a prob em ???...1 not - t en w y ma e one ou 0 I ............ ...Friday's PDN Poll = 82 % vs 140/0 against mandated requirements for car washing. ...1 would suggest to ask the PDN to run a Poll on: "How many times a year do you wash your car at home"? ..."Does the water run off onto the street"? ..."How many times do you use a Car Wash facility"? ... That should determine whether "at home" car washing is really a problem. ...If you are uncomfortable with dropping the car washing issue "publicly" - and in answer to the recent question from City HalJ - WHAT CAN CITIZENS DO ABOUT STORMWATER ?....1 propose these efforts to: "Work in Partnership with the City"... ...(#l)...Provide at the City's cost - a "NTPFB" (NON TOXIC PHOSPHATE FREE BIODEGRADABLE) cleaner (soap) for those who choose to wash their vehicles, boats, equipment, etc. at home on the lawn or gravel surface. ...(#2)...And, to provide "Discount Coupons" for use at any local commercial Car Wash facility - for those who choose that method of vehicle, or equipment washing. ...The City presently allows several other types of encouragement, incentives, helpful conservation subsidies - on energy devices, water conservation, recycling, etc. - so those two provisions could be another incentive - assistance measure utilizing "BMP" (BEST MANAGEMENT PRACTICES) for not only positive - but efficient and effective results in helping to meet the goals of the City Public Works & Utilities Department. ...If you feel as if you would need a larger program to satisfy this issue - 1'1/ make you a "Deal - or - No Deal" ..... ...If you take the "FLUOROSILICIC ACID" out of our public water system - 111 stop washing my car where the runoff ends up in the street storm water drain - AND - I will personally head up a Program of volunteers to educate and assist those city citizens who will be mostly affected by this latest round of mandated storm water requirements - in conjunction with and participation in the development of the SWPPP (STORM WATER POLLUTION PROTECTION PLAN) with the City. ... "DEAL - OR - NO DEAL" ???.. i-) ...Paul Lamoureux.....6-16-09. ......... NOTE:: .......... \ '. ~ \ " . " \ ., l . ;. t L ~ ..; .' " i'" ,,',' .,} . '" . , . ... , , , . t, . \ . ~.:fJ'ER50NAL' NEIGHBORHOOD SURVEY... . :...WHIDBY ST. 600 BLOCK...(8) PROPERTIES COULD READILY WASH OVER :DRAINABLE SURFACES...(S) COULD NOT- WITHOUT SIGNIFICANT CHANGES IN :STRUcrURES OR LANDSCAPING...AND, (1) IS QUESTIONABLE - EXCEPT WITH :PROPERTY OWNER'S COOPERATION. *********************************************************** . . . DATE: To: FROM: SUBJECT: ~ORTNGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO June 16, 2009 CITY COUNCIL Glenn A. Cutler, Director of Public Works and Utilities 2009-2015 Capital Facilities Plan (CFP)/Transportation Improvement Program (TIP) and Allocation of 2009 Governmental Funds Summary: A public hearing on the City's Six-Year CFP/TIP was opened on June 2, 2009. The hearing was continued to June 16, 2009 for additional public comment. Limited comments have been received which will be summarized during the staff presentation. Recommendation: 1) Listen to the staff presentation; 2) Continue the public hearing; 3) Close the public hearing; 4) Discuss the CFPITIP and allocation of governmental fund project lisitn2; 5) Pass the CFP/TIP resolution. Background/Analysis: A public hearing on the 2009-2015 CFP/TIP was opened at the June 2, 2009 City Council meeting. The hearing was continued to June 16, 2009 for additional public comments. The staff will provide a summary of the changes and additional projects at tonight's meeting. Staff recommends approval of the resolution adopting the 2009-2015 CFP/TIP, which includes a summary of all proposed projects during the next six-years (Exhibit A). Allocation of funds for the governmental projects will be brought back to Council for consideration at a later date. Attachments: 1. 2009-2015 CFP/TIP Resolution with Exhibit A (CFP/TIP Summaries) 2. 2009/2010 Governmental Fund Allocation (Governmental Fund Projects) N:\CCOUNCIL\FINAL\2009-2015 CFP- TIP Close Public Hearing & Adopt.doc J - 49 . RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, adopting the Capital Facilities Plan and Transportation Improvement Program for 2009-2015. WHEREAS, the City of Port Angeles is required to annually update its Capital Facilities Plan and Transportation Improvement Program; and WHEREAS, the City Council of the City of Port Angeles, Washington being the legislative body of said City, on the 2nd of June, 2009, and the 16th of June, 2009 did hold public hearings on the update of its Capital Facilities Plan and Transportation Improvement Program; and WHEREAS, the proposed Capital Facilities Plan and Transportation Improvement Program for 2009-2015 are consistent with the City's Comprehensive Plan; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port . Angeles, Washington that the Capital Facilities Plan and the Transportation Improvement Program, attached hereto as Exhibit A, for the City of Port Angeles, Washington, be and the same are hereby adopted; and BE IT FURTHER RESOLVED that the 2009-2015 Transportation Improvement Program, together with this Resolution, shall be filed, using electronic format through the Internet, with the Secretary of Transportation of the State of Washington. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 16th day of June, 2009. Gary Braun, Mayor ATTEST: APPROVED AS TO FORM: . Becky J. Upton, City Clerk William E. Bloor, City Attorney G:\Legal_Backup\ORDINANCES&RESOLUTIONSIRESOLlTfIONS.2009\13.TIP&CIP-Adopt - 05 I 209.wpd (Juoe 5, 2009) J - 50 . 2009 - 2015 CAPITeCILlTIES PROJECTS PRIORITY ORDER CFP I TIP SUMMAR.E 1 PROJECT TITLE I nfrastructure Development 1 GG03-2003 (NICE Program) 700,000 700,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 N 2 GG01-2005 Harbor Master Plan 50,000 50,000 25,000 25,000 - - - - - y 3 GG01-2002 Ediz Hook Rip Rap Repair 715,000 66,000 - 715,000 - - - - - 649,000 Y 4 GG03-2007 City Hall Parking Lot Repair 50,000 50,000 - 50,000 - - - - - N 5 GG03-2009 East Entryway Monument 100,000 100,000 - 20,000 80,000 - - - - N Shoreline Archaeo- 6 GG02-2009 Geophysical Study 100,000 100,000 - 100,000 - - - - - N 7 GG01-2009 Harbor-Wide Geomorphology 100,000 100,000 - 100,000 - - - - - N Building HeighWiewshed 8 GG04-2009 Study 75,000 75,000 - 75,000 - - - - - N GENERAL PROJECTS FIRE PROJECTS Electronic Medical Incident 1 FR01-2009 Reporting 36,000 36,000 - 36,000 - - - - - N Wireless Mobile Data for Fire 2 FR02-2009 Apparatus 120,000 - - 50,000 70,000 - - - - 120,000 N 3 FR07-1999 West Side Fire Station 1,986,000 1,986,000 - - 171,000 1,815,000 - - - 1,986,000 N 1 PK06-2005 Replace Roof of Vern Burton 150,000 150,000 - 150,000 - - - - - N Ediz Hook West Boat Dock 2 PK04-2009 Repair-FEMA Mitigation 250,000 62,500 - 250,000 - - - - - 187,500 N Olympic Discovery Trail 2 PK05-2009 Repair-FEMA Mitigation 860,000 215,000 - 860,000 - - - - - 645,000 N Waterfront Trail Rip-Rap 2 PK06-2009 Repair-FEMA Mitigation 500,000 125,000 - 100,000 400,000 - - - - 375,000 N City Pier Fire Suppression 3 PK03-2009 System 200,000 200,000 - 100,000 100,000 - - - - N Civic Field Upgrades (Facility 4 PK04-2007 Assessment) 20;000 20,000 20,000 - - - - - - N 5 PK02-2005 Restroom Replacement 375,000 375,000 - 125,000 125,000 125,000 - - - N Neighborhood Park 6 PK08-2002 Renovation 500,000 500,000 - 100,000 100,000 100,000 100,000 100,000 - N Olympic Discovery Trail Tree 7 PK04-2005 & Armor Replacement 250,000 250,000 - 50,000 50,000 50,000 50,000 50,000 - N 8 PK02-2009 Off-Leash Dog Park 15,000 15,000 - 15,000 - - - - - N 9 PK01-2009 Port.Angeles Marine Park 100,000 - - 20,000 20,000 20,000 20,000 20,000 - 100,000 N City Pier / Hollywood Beach 10 PK01-2002 Renovation 100,000 100,000 - - - 15,000 85,000 - - N Lincoln Park Development 11 PK03-2006 Plan 50,000 50,000 - 50,000 - - - - - N PARKS PROJECTS N:\CFP\2009\2009-2015 CFP- TIP Resolution Exhibit A.xls Exhibit "A" J - 51 6/11/2009 - -- 2009 - 2015 CAPITAL FACILITIES PROJECTS PRIORITY ORDER CFP/TIP SUMMARY PAGE 2 TOTAL DIVISION PROJECT TOTAL CITY 2009 TOTAL 2010 TOTAL 2011 TOTAL 2012 TOTAL 2013 TOTAL 2014 TOTAL 2015 TOTAL GRANTS & BONDS & OUTSIDE PRIORITY PROJECT ID PROJECT TITLE COSTS COST COSTS COSTS COSTS COSTS COSTS COSTS COSTS CONTRIB. LOANS MANDATE Fine Arts Center Entrance 12 PK02-2006 Improvements 50,000 - - 50,000 - - - - - 50,000 N 13 PK06-2006 Lions Park Development 225,000 225,000 - 85,000 75,000 65,000 - - - N Shane & Elks Ball Field 14 PK04-2006 Lighting Project 200,000 200,000 - - - 100,000 100,000 - - N 15 PK11-2006 City Pier Float Replacement 750,000 750,000 - - 750,000 - - - - N Tennis Courts at Erickson 16 PK03-2007 Park Lighting 75,000 50,000 - - 75,000 - - - - 25,000 N Wireless Mobile Data and 1 PDOl-2009 Voice Radio Upgrades 500,000 - 100,000 200,000 200,000 - - - - 500,000 N Evidence Relocation & Patrol 2 PD02-2009 Work Area 300,000 - - 45,000 255,000 - - - - 300,000 N Regional Firearms Training 3 PD03-2007 Facility 300,000 35,000 - - - 300,000 - - - 265,000 N POLICE PROJECTS TOTAL OF MANDATED GENERAL FUND PROJECTS TOTAL OF ALL GENERAL FUND PROJECTS 1 TROl-2003 Overlay Program 2,880,000 2,880,000 650,000 340,000 360,000 380,000 400,000 420,000 450,000 N 1 TR01-2005 Gravel Road Paving 175,000 175,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 N Transportation 1 TR01-2006 Comprehensive Plan 100,000 25,000 40,000 60,000 - - - - - 75,000 Y First Street Sidewalk (Ennis - 1 TR02-2000 Golf Course) 430,000 157,000 - 410,000 - - - - - 273,000 N International Waterfront 1 TR02-2003 Promenade 1,500,000 1,320,000 - 180,000 720,000 600,000 - - - 180,000 N 1 TR04-2005 Alley Paving 200,000 200,000 25,000 50,000 - 75,000 - 75,000 - N 1 TR05-2007 1 st & Peabody Signal 200,000 20,000 10,000 190,000 - - - - - 180,000 N 16th Street SIW ['G' SI. to 1 TR 10-2000 Stevens School] 310,000 85,000 15,000 295,000 - - - - - 225,000 N Peabody Street 1 TR33-1999 Reconstruction (5th to 8th) 705,000 470,000 705,000 - - - - - - 235,000 N Olympic Peninsula 1 TR48-1999 International Gateway 14,694,240 6,003,925 - - - - - - - 8,690,315 N 1 TR74-1999 Sidewalk Program 350,000 350,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 N Ediz Hook Harbor Erosion 2 TR05-2009 Repair-FEMA Mitigation 250,000 62,500 - 250,000 - - - - - 187,500 N Retaining Wall Repair-FEMA 3 TR06-2009 Mitigation 350,000 87,500 - 350,000 - - - - - 262,500 N Street Bicycle 4 TR20-1999 F acilities/Racks/Stripi ng 120,000 120,000 - 20,000 20,000 20,000 20,000 20,000 20,000 N 5 TR26-1999 ADA Curb Ramps 140,000 140,000 - 20,000 20,000 20,000 20,000 20,000 20,000 Y STREET PROJECTS N:e009\2009-2015 CFP-TIP Resolution Exhibit A.xls EXhit "A" J - 52 .009 . 2009 - 2015 CAPITA.CILlTIES PROJECTS PRIORITY ORDER CFP I TIP SUMMARY.E 3 TOTAL DIVISION PROJECT TOTAL CITY 2009 TOTAL 2010 TOTAL 2011 TOTAL 2012 TOTAL 2013 TOTAL 2014 TOTAL 2015 TOTAL GRANTS & BONOS & OUTSIDE PRIORITY PROJECT 10 PROJECT TITLE COSTS COST COSTS COSTS COSTS COSTS COSTS COSTS COSTS CONTRIB. LOANS MANDATE Dry Creek Pedestrian 7 TR04-2006 Bridgerrrail Phase II 759,400 262,200 - 100,000 659,400 - - - - 497,200 N Marinerrumwater Pedestrian 8 TR04-2009 Overpass 600,000 60,000 - 600,000 - - - - - 540,000 N Upgrades to the Coho Ferry 9 TR03-2009 Terminal 9,000,000 60,000 - 9,000,000 - - - - - 8,950,000 N Replacing Traffic Signal Lights 10 TR01-2009 with LED Bulbs 30,000 - - 30,000 - - - - - 30,000 N 11 TR01-2001 Laurel St. Stairs Replacement 302,500 302,500 - - 27,500 275,000 - - - N Oak Street Stairs 12 TR03-2006 Replacement 550,000 550,000 - - 55,000 495,000 - - - N Lauridsen Blvd. Bridge 13 TR01-2008 Replacement Study Update 25,000 25,000 - - 25,000 - - - - N Lauridsen Blvd Bridge 14 TR42-1999 Widening 3,465,000 715,000 - - - 302,500 2,420,000 742,500 - 2,750,000 N 16th Street SIW ['I' St. to 'G' 15 TR09-2000 St.] 302,500 55,000 - 50,000 252,500 - - - - 247,500 N Lincoln/Laurel Rechannelization/Signal/Roun 16 TR18-1999 dabout 605,000 103,000 - - 55,000 550,000 - - - 502,000 N Lauridsen Blvd Reconstruction 17 TR21-1999 [Trk Rt. To 'L' St.] 2,750,000 2,750,000 - - - 330,000 2,420,000 - - N 2nd & Valley Pavement 18 TR01-2004 Restoration 540,000 540,000 - - 48,000 492,000 - - - N 10th Street SIW ['N' Street to 19 TR11-2000 'M' Street] 605,000 165,000 - - - 55,000 550,000 - - 440,000 N 10th Street ['M' Street to 'I' 20 TR12-2000 Street] 665,000 180,000 - - - - 60,000 605,000 - 485,000 N Park Avenue Reconstruction 21 TR 12-1999 [Peabody to Race] 1,320,000 330,000 - - 165,000 1,155,000 - - - 990,000 N 22 TR02-2006 Sidewalk Fill In Gaps 875,000 500,000 - - 175,000 175,000 175,000 175,000 175,000 375,000 N 23 TR02-2001 Ennis St. Slide Repair 300,000 300,000 - - - 300,000 - - - N 24 TR05-2006 Valley Creek Loop Trail 100,000 50,000 - - 25,000 25,000 25,000 25,000 - 50,000 N First/Front/Railroad Street 25 TR04-2007 Rehabilation 825,000 825,000 - - 825,000 - - - - N 26 TR02-2007 Laurel St. Sidewalk Phase J 300,000 63,000 - - 300,000 - - - - 237,000 N Laurel Street Sidewalk Phase 27 TR03-2007 II 220,000 60,000 - - - 220,000 - - - 160,000 N Laurel Street/Ahlvers Road 28 TR04-1999 Reconstruction 1,595,000 748,000 - - 605,000 990,000 - - - 847,000 N Old Mill Rd/Scrivner Rd 29 TR02-2004 Improvements 840,000 840,000 - - - 78,000 60,000 402,000 300,000 N 30 TR07-1999 Milwaukee Drive Phase I 2,640,000 2,640,000 - - 275,000 2,365,000 - - - N Mt Angeles Road/Porter Street 31 TR70-1999 LID 2,750,000 2,750,000 - - - - - 275,000 2,475,000 2,750,000 N N:\CFP\2009\2009-2015 CFP-TJP Resolution Exhibit A.xls Exhibit "A" J - 53 6/11/2009 --2009-. 201S-CAPITAl FACILITIES-PROJECTS -- PRIORITY ORDER CFP l tlp-s(fNinlfA-R'(pAGE-~.-m---- ----------- TOTAL DIVISION PROJECT TOTAL CITY 2009 TOTAL 2010 TOTAL 2011 TOTAL 2012 TOTAL 2013 TOTAL 2014 TOTAL 2015 TOTAL GRANTS & BONDS & OUTSIDE PRIORITY PROJECT ID PROJECT TITLE COSTS COST COSTS COSTS COSTS COSTS COSTS COSTS COSTS CONTRIB. LOANS MANDATE 32 TR69-1999 Rhoads Road Area LID 1,232,000 1,232,000 - - - - 1,232,000 - - 1,232,000 N 33 TR97-1999 C Street and Fairmont LID 3,250,000 3,250,000 - - - - - 325,000 2,925,000 3,250,000 N 10th/13th and "1"f'M" Street 34 TR71-1999 LID 3,025,000 3,025,000 - - - 275,000 - 2,750,000 - 3,025,000 N 18th Street Reconstruction 35 TR16-1999 Phase II 4,070,000 4,070,000 - - - 385,000 3,685,000 - - N 36 TR10-1999 10th Street Reconstruction 968,000 968,000 - - 88,000 880,000 - - - N Truck Route at US101 37 TR17-1999 Intersection 2,750,000 2,750,000 - - - - - 550,000 2,200,000 N 'N' Street Sidewalk [14th St. to 38 TR 13-2000 18th St.] 330,000 55,000 - - 55,000 275,000 - - - 275,000 N 39 TR32-1999 9th Street Widening 95,000 95,000 - - - - - - 95,000 N 40 TR08-1999 Milwaukee Drive Phase II 4,400,000 4,400,000 - - - - 4,400,000 - - N City-Wide Traffic Signal 41 TR13-1999 I nterconnectlP re-emption 660,000 660,000 - - - - - 660,000 - N Hill Street Intersection 42 TR05-1999 Reconstruction 440,000 275,000 - - - - 440,000 - - 165,000 N 43 TR 14-2000 Airport Industrial Park Streets 2,475,000 275,000 - - 682,000 1,100,000 693,000 - - 2,200,000 N Lauridsen BlvdlWashington 44 TR80-1999 Street Reconstruct 432,000 66,000 - - - 66,000 66,000 300,000 - 366,000 N Alternative Cross-Town Route 45 TR02-2008 Study 220,000 220,000 - - 220,000 - - - - N 46 TR14-1999 White's Creek Crossing 8,800,000 8,800,000 - - - - - 1,650,000 7,150,000 N 47 TR06-2007 Vine Street Paving 110,000 110,000 - - - 110,000 - - - N o Street Improvements (14th 49 TR03-2008 to 16th Streets) 500,000 500,000 - - - - 500,000 - - N 50 TR02-2009 Race Street Bicycle Lanes 100,000 60,000 - 50,000 - - - - - 40,000 N 8th and "C" Streets 51 TR07-2009 Roundabout 400,000 400,000 - - - - - - 400,000 N 52 TR08-2009 Downtown Parking Study 100,000 100,000 - 100,000 - - - - - N 53 TR09-2009 Way-Finding Signage Concept 100,000 100,000 - 15,000 85,000 - - - - N 54 TR 1 0-2009 First/Front Race Street Nodes 50,000 50,000 - 50,000 - - - - - N TOTAL OF MANDATED STREET PROJECTS TOTAL OF ALL STREET PROJECTS 1 CL01-2007 Downtown Protective Devices 60,000 60,000 60,000 - - - - - - N Upgrade College Substation 1 CL02-2007 Relays 110,000 110,000 50,000 - - - - - - N 1 Cl05-2007 Laurel Substation Structure 105,000 105,000 105,000 - - - - - - N ELECTRIC PROJECTS N:.009\2009-2015 CFP-TIP Resolution ExhibitA.xls EXhit "An J - 54 .009 . 2009 - 2015 CAPITaCILlTIES PROJECTS PRIORITY ORDER CFP I TIP SUMMARY.E 5 TOTAL DIVISION PROJECT TOTAL CITY 2009 TOTAL 2010 TOTAL 2011 TOTAL 2012 TOTAL 2013 TOTAL 2014 TOTAL 2015 TOTAL GRANTS & BONDS & OUTSIDE PRIORITY PROJECT 10 PROJECT TITLE COSTS COST COSTS COSTS COSTS COSTS COSTS COSTS COSTS CONTRIB. LOANS MANDATE City Hall Annex Energy 1 CL05-2008 Conservation Improvements 370,000 320,000 170,000 100,000 100,000 - - - - 50,000 320,000 N Rayonier Transmission Line 1 CL06-2007 Renovation 230,000 . 230,000 30;000 200,000 - - - - - N Distribution System Efficiency 1 CL06-2008 Improvements 230,000 230,000 30,000 - 200,000 - - - - 200,000 N 2 CL01-2009 F-Street1202 Upgrade 170,000 170,000 - 170,000 - - - - - N 2 CL02-2009 Cable Restoration Phase II 100,000 100,000 - 100,000 - - - - - N Advanced Metering 2 CL03-2008 Infrastructure - Electric 2,000,000 2,000,000 - 2,000,000 - - - - - 2,000,000 N BPA Demand Response and 2 CL03-2009 Smart Grid Programs 1,500,000 150,000 - 500,000 500,000 500,000 - - - 1,350,000 N Landfill Gas To Energy Tier 2 2 CL07-2009 Generation Program 1,150,000 1,150,000 - 150,000 1,000,000 - - - - 1,150,000 N Demand Management Tier 2 2 CL08-2009 Generation Program 150,000 150,000 - 30,000 120,000 - - - - N PA Hardwood Tier 2 2 CL 11-2009 Cogeneration Program 30,000 30,000 - 30,000 - - - - - N Morse Creek Hydro SCADA 2 CL 13-2009 System Improvements 75,000 75,000 - 75,000 - - - - - y City Facility Tier 2 3 CL06-2009 Conservation Program 2,400,000 1,800,000 - 400,000 400,000 400,000 400,000 400,000 400,000 600,000 1,800,000 N Upgrade "A" Street Substation 4 CL02-2006 Transformer 860,000 860,000 - - 60,000 800,000 - - - 800,000 N 5 CL01-2006 Eclipse - Add Second Source 286,000 286,000 - - 26,000 260,000 - - - N 6 CL07-2007 Underground Feeder F-1202 100,000 100,000 - - 100,000 - - - - N Feeder Tie Porter To Golf 7 CL02-2002 Course 260,000 260,000 - - 30,000 230,000 - - - N Feeder Tie Hwy 101, Cherry 8 CL01-2004 Street to Pine Street 60,000 60,000 - - 60,000 - - - - N Street Light Upgrades Tier 2 9 CL05-2009 Conservation Program 1,200,000 1,200,000 . - . - 300,000 300,000 300,000 300,000 - 1,200,000 N Commercial Tier 2 10 CL09-2009 Conservation Program 1,000,000 1,000,000 - - 200,000 200,000 200,000 200,000 200,000 1,000,000 N Residential Tier 2 11 CL 12-2009 Conservation Program 4,000,000 4,000,000 - - 800,000 800,000 800,000 800,000 800,000 4,000,000 N PUD Assumption in Previously . 12 CL04-2007 Annexed Areas 100,000 100,000 - - - 100,000 - - - N Olympic Medical Center 13. CL08-2007 Redundant Power Source 110,000 110,000 - . - - 110,000 - - - N 14 CL07-1999 Airport Industrial Park 800,000 - - - - 400,000 200,000 200,000 - 800,000 N 15 CL03-2006 Install Peabody Substation 770,000 770,000 - - - - 440,000 330,000 - N Morse Creek Hydro Tier 2 16 CL 10-2009 Generation Program 30,000 30,000 - 30,000 - - - - - N TOTAL OF MANDATED ELECTRIC PROJECTS N :\CFP\2009\2009-2015 CFP- TIP Resolution Exhibit A.xls Exhibit "A" J - 55 6/11/2009 2009 - 2015 CAPITAL FACILITIES PROJECTS PRIORITY ORDER CFP/TIPSUMMARYPAGE6 TOTAL DIVISION I ) I PROJECT TOTAL CITY 2009 TOTAL 2010 TOTAL 2011 TOTAL 2012 TOTAL 2013 TOTAL 2014 TOTAL 2015 TOTAL GRANTS & BONDS & OUTSIDE, I PRIORITY PROJECT 10 PROJECT TITLE COSTS COST COSTS COSTS COSTS COSTS COSTS COSTS COSTS CONTRIB. LOANS MANDATE TOTAL OF ALL ELECTRIC PROJECTS 18,256,000 15,456,000 445,000 3,785,000 3,896,000 4,100,000 2,340,000 2,230,000 1,400,000 2,800,000 12,470,000 SOLID WASTE PROJECTS Post-Closure Beach Nourishment TOTAL OF MANDATED SOLID WASTE PROJECTS TOTAL OF ALL SOLID WASTE PROJECTS 1 WT02-2001 Elwha Dam Mitigation 330,000 - 110,000 110,000 - - - - - 330,000 N 1 WT02-2006 Bi-Annual Replacements 1,400,000 1,400,000 320,000 340,000 - 360,000 - 380,000 - N Concrete Cylinder Pipe 1 WT02-2009 Replacement 7,750,000 7,750,000 575,000 1,455,000 1,430,000 1,430,000 1,430,000 1,430,000 - 7,750,000 N 1 WT04-2007 Directed Services 365,000 365,000 85,000 55,000 55,000 60,000 60,000 - - N McDougal Pump Station 1 WT64-1999 Improvements 540,000 540,000 290,000 250,000 - - - - - N 1 WT65-1999 UGA Water Customers 20,000 20,000 5,000 5,000 5,000 - - - - N Advanced Metering Infrastructure - 2 .WT01-2008 WaterlWastewater 2,000,000 2,000,000 - 2,000,000 - - - - - 2,000,000 N 3 WT01-2007 Dry Creek Water Settlement 150,000 150,000 - 150,000 - - - - - N 4 WT03-2005 Vulnerability Improvements 210,000 210,000 - 65,000 70,000 75,000 - - - N Transfer Morse Creek Water 5 WT03-2009 Lines to Clailam PUD 500,000 250,000 - 100,000 400,000 - - - - 250,000 N E Street Reservoir Cover 6 WT01-2009 Repainting 200,000 200,000 - - 200,000 - - - - N Airport Industrial Park Water 7 WT01-2000 Line 1,500,000 - - 180,000 660,000 660,000 - - - 1,500,000 N WATER PROJECTS TOTAL OF MANDATED WATER PROJECTS TOTAL OF ALL WATER PROJECTS 1 WW01-2007 Directed Services 405,000 405,000 60,000 65,000 70,000 75,000 80,000 - - N Plant Headworks 1 WW03-2005 Improvements 375,000 375,000 25,000 - 350,000 - - - - Y Combined Sewer Overflows 1 WW08-2008 Phase I 28,955,500 28,955,500 1,150,000 8,025,500 4,945,000 9,890,000 4,945,000 - - 28,555,500 Y 2 WW27-1999 Bi-Annual Replacements Lines 900,000 900,000 275,000 - 300,000 - 325,000 - - N Dry Polymer Feeder 3 WW01-2008 Replacement WWTP 54,000 54,000 54,000 - - - - - - N WASTEWATER PROJECTS N:.009\2009-2015 CFP-TIP Resolution Exhibit A.xls Exhit "A" J - 56 .009 . 2009 - 2015 CAPITA.CILlTIES PROJECTS PRIORITY ORDER CFP I TIP SUMMARY.E 7 TOTAL DIVISION PROJECT TOTAL CITY 2009 TOTAL 2010 TOTAL 2011 TOTAL 2012 TOTAL 2013 TOTAL 2014 TOTAL 2015 TOTAL GRANTS & BONDS & OUTSIDE PRIORITY PROJECT ID PROJECT TITLE COSTS COST COSTS COSTS COSTS COSTS COSTS COSTS COSTS CONTRIB. LOANS MANDATE Septage Receiving Station 4 WW02-2008 WWTP 727,500 727,500 28,000 102,500 - 597,000 - - - N Combined Sewer Overflows 5 WW10-2008 Phase" 12,200,000 12,200,000 - - - 1,125,000 3,800,000 7,275,000 - 8,700,000 Y 6 WW03-2008 Pump Station #3 Replacement 138,000 138,000 - 138,000 - - - - - N 7 WW04-2008 Carbon Scrubbers WWTP 51,200 51,200 - 51,200 - - - - - N Waste Activated Sludge 8 WW06-2008 Thickening WWTP 100,000 100,000 - 100,000 - - - - - N Plant De-Watering 9 WW02-2005 Improvements 1,000,000 1,000,000 - - 1,000,000 - - - - 1,000,000 N Digester Mixing Improvement 10 WW05-2008 WWTP 300,000 300,000 - - 300,000 - - - - N . 11 WW05-2006 Sewer Trestle at Francis & 8th 475,000 475,000 - 75,000 400,000 - - - - N 12 WW03-2000 Lindberg Rd Sewer LI D 1,200,000 - - - 125,000 1,075,000 - - - 1,200,000 N 13 WW02-2000 Airport Industrial Sewer 1,300,000 - - - 150,000 575,000 575,000 - - 1,300,000 N Golf Course Road Sewer 14 WW05-1999 Interceptor 1,000,000 - - - 140,000 860,000 - - - 1,000,000 N West UGA Basin 2 Sewer 15 WW07-2008 Ex1ension 7,100,000 - - - - 1,000,000 6,100,000 - - 7,100,000 N West UGA Basin 3 Sewer 16 WW09-2008 Extension 6,100,000 - - - - - 900,000 5,200,000 - 6,100,000 N West UGA Basin 4 Sewer 17 WW11-2008 Extension 2,500,000 - - - - - - 500,000 2,000,000 2,500,000 N TOTAL OF MANDATED WASTEWATER PROJECTS TOTAL OF ALL WASTEWATER PROJECTS 1 DR01-2008 Water Quality Project 100,000 100,000 - - - - - - - Y City-Wide Catch Basin 1 DR02-1999 Modifications 585,000 585,000 85,000 - - 100,000 105,000 110,000 115,000 Y 4th Street Stormwater 1 DR03-2009 Improvements 800,000 275,000 75,000 500,000 225,000 - - - - 525,000 N Stormwater at Canyon Edge & 1 DR04-2004 Ahlvers 500,000 500,000 50,000 - . 250,000 200,000 - - . - Y Stormwater Outfalls to Streams 2 DR01-2004 and Marine 250,000 250,000 - 50,000 50,000 50,000 50,000 50,000 - Y CMMS for Stormwater NPDES 2 DR01-2009 Phase II Permit 30,000 30,000 - 30,000 - - - - - N 2 DR02-200S Culvert Repair 170,000 170,000 - 50,000 - 50,000 - 50,000 - N Peabody Creek/Lincoln St 2 DR14-1999 Culvert Rehab 760,000 380,000 - 3,000 - - 122,000 635,000 - 380,000 Y Stormwater at Campbell & 3 DR06-2004 Porter 500,000 500,000 - - - 50,000 200,000 250,000 - 425,000 Y 10th And "N" Street Regional - 4 DR65-1999 Storm Detention: 550,000 550,000 - - - 300,000 250,000 - - 505,000 Y STORMWATER PROJECTS N:\CFP\2009\2009-2015 CFP- TIP Resolution Exhibit A.xls Exhibit "A" J - 57 6/11/2009 2009 - 2015 CAPITAL FACILITIES PROJECTS PRIORITY ORDER CFP/TIPSUMMARYPAGE8 TOTAL DIVISION PROJECT TOTAL CITY 2009 TOTAL 2010 TOTAL 2011 TOTAL 2012 TOTAL 2013 TOTAL 2014 TOTAL 2015 TOTAL GRANTS & BONDS & OUTSIDE PRIORITY PROJECT 10 PROJECT TITLE COSTS COST COSTS COSTS COSTS COSTS COSTS COSTS COSTS CONTRIB. LOANS MANDATE Stormwater Discharges Over 5 DR53-1999 Bluff 670,000 670,000 - - - 190,000 - 120,000 120,000 Y 6 DR08-2004 Lincoln Park/Big Boy Pond 300,000 300,000 - - - - 30,000 270,000 - 255,000 Y Stormwater "C" Street 7 DR07-2004 Extension 500,000 500,000 - - - - 50,000 200,000 250,000 Y 8 DR05-2004 Stormwater at Rose & Thistle 500,000 500,000 - - - - 50,000 200,000 250,000 425,000 Y 9 DR03-2004 Stormwater at Laurel & US1 01 500,000 500,000 - - - - - 50,000 200,000 Y Upper Golf Course Rd. Area 10 DR02-2004 Stormwater 500,000 500,000 - - - - 50,000 200,000 250,000 425,000 Y Milwaukee Dr. Stormwater 11 DR03-1999 Improvements 1,200,000 1,200,000 - - - - 150,000 150,000 150,000 Y First SI. Stormwater 12 DR01-2001 Separation 250,000 250,000 - - - - - - 50,000 Y Valley Street Erosion 13 DR01-2006 Improvements 40,000 40,000 - - - - - - - Y TOTAL OF ALL MANDATED UTILITY PROJECTS TOTAL OF ALL UTILITY PROJECTS TOTAL OF MANDATED STORMWATER PROJECTS TOTAL OF ALL STORMWATER PROJECTS Dedicated Emergency Information Technology 1 IT01-2007 Generator 50,000 50,000 50,000 - - - - - - N 1 IT05-2006 DataNoice Equipment 370,000 370,000 370,000 - - - - - - N Novell File Svrs OS Platform & 2 IT03-2009 Apps Migration/Upgd 200,000 200,000 - 150,000 50,000 - - - - N Repl/Centralize Server Data 3 IT01-2009 Storage/Backup Cap. 165,000 165,000 - - 165,000 - - - - N iSeries HTE System 4 IT02-2009 Upgrade/HA Redundancy 125,000 125,000 - - 125,000 - - - - N Council Chambers Audio 5 IT02-2007 System 67,000 67,000 - 67,000 - - - - - N INFORMATION TECHNOLOGY PROJECTS TOTAL OF MANDATED IT PROJECTS TOTAL OF ALL IT PROJECTS GRAND TOTAL OF MANDATED PROJECTS GRAND TOTAL OF ALL PROJECTS N:e009\2009-2015 CFP-TIP Resolution Exhibit A.xls EXh_ "A" J - 58 .009 . 2009-2015 c~ Facilities Plan Governmental P-'cts for 2009-2010 Projects Allocated Funds . CFP# Project Title Total Project C Budget Proposed Consideration 2009 2010 CFP 2010 B d t Notes osts u 1qe TR74-1999 Sidewalk Program $150,000 $0 $25,000 $25,000 15K to TR74-1999, 35K to TR10-2000 15K TR74-1999, 10K GF, 42K Engineering, 150K TR02-2000 1 st Street Sidewalk 625,000 25,000 25,000 - Electric, 363K Grants, STP 70K 50K PASO, 175K Grants, 40K Stormwater, 10K TR 10-2000 16th Street Sidewalk 583,000 35,000 - - GF, 35K TR74-1999 TR48-1999 International Gateway Center 7,800,000 528,023 - - Includes Signage and Signal Lights 1st & Peabody Signal & Front and Included in TR48-1999 TR05-2007 Lincoln 135,000 - - - 180K from reserves, 325K from GF, 25K TR01- 2005, 25K TR04-2005, 316K Federal Stimulus, TR33-1999 Peabody Street Construction 1,012,000 555,000 - - 1 OOK Water, 50K STP TR04-2005 Alley Pavinq 175,000 - 50,000 - Moved 25K to TR33-1999 TR01-2005 Gravel Road Paving 175,000 - 25,000 - Moved 25K to TR33-1999 TR26-1999 ADA Curbs Ramps/Chirpers 180,000 - 20,000 20,000 Not budqeted in 2009 TR01-2003 Street Overlay 765,000 650,000 - - 115K STP funds TR01-2002 8th Street Bridqe Replacements 24,000,000 1,208,000 - - Infrastructure Development (NICE Additional 75K from Utilities annually, 118K carry.. GG03-2003 lorogram) 700,000 - 25,000 25,000 forward from 2008 Civic Field Upgrades Facility PK04-2007 Assessment 20,000 20,000 - - J - 59 Page 1 2009..2015 Capital Facilities Plan- Governmental Projects for 2009-2010 Unprioritized Deferred Projects: Funding availability on a case by case basis CFP# Project Title Total Project Budget C 2009 Proposed Consideration 2010 CFP 2010 B d t Notes osts U:lge Dry Creek Pedestrian Bridge/Trail Grant funding of 497.2K TR04-2006 Phase II 759,400 80,000 17,000 17,000 PK03-2009 City Pier Fire Suppression System 200,000 - 100,000 100,000 Olvmpic Discoverv Trail Repair (FEMA) 75% paid by FEMA, 12.5% paid by Washington PK05-2009 860,000 - 215,000 107,500 State Ediz Hook West Boat Dock Repair 75% paid by FEMA, 12.5% paid by Washington PK04-2009 I (FEMA) 250,000 - 62,500 31,250 State 75% paid by FEMA, 12.5% paid by Washington PK06-2009 Waterfront Trail Rip Rap Repair (FEMA) 500,000 - 125,000 62,500 State 75% paid by FEMA, 12.5% paid by Washington TR05-2009 Ediz Hook Harbor Erosion (FEMA) 250,000 - 62,500 31,250 State 75% paid by FEMA, 12.5% paid by Washington TR06-2009 Retainina Wall Repair (FEMA) 350,000 - 87,500 43,750 State TR20-1999 Street Bicvcle Facility/Racks/Stripina 140,000 20,000 - 60K Contribution TR04-2009 Marine /Tumwater Pedestrian Overpass 600,000 540,000 - TR02-2003 International Waterfront Promenade 1,500,000 - 180,000 - PK02-2005 Restroom Replacement Proaram 375,000 - 125,000 - PK08-2002 Neiahborhood Park Renovation 500,000 - 100,000 - Olympic Discovery Trail Tree & Armor PK04-2006 Reolacement 250,000 - 50,000 - PK02-2009 Off-leash Doa Park 15,000 - 15,000 - PK01-2009 Port Anaeles Marine Park 100,000 - 20,000 - PK03-2006 Lincoln Park Development Plan 50,000 - 50,000 - PK06-2006 Lions Park Development 225,000 - 85,000 - GG03-2007 City Hall Parking Lot Repair 50,000 - 50,000 - Federal spending matched by City (not on project GG01-2002 Ediz Hook Rip Rap Repair 715,000 - 66,000 - list for 08 or 09) FR01-2009 Electronic Medical Incident Reportina 36,000 - 36,000 - GG03-2009 East Entrvwav Monument 100,000 - 20,000 - TR08-2009 Downtown Parking Study 100,000 - 100,000 - TR09-2009 Wav-Findina Sianaae Concept 100,000 - 15,000 - TR 10-2009 First/Front Race Street Nodes 50,000 - 50,000 - TR02-2009 Race Street Bike Lanes 100,000 - 60,000 - TR02-2008 Alternative Cross-Town Route Study 220,000 - - - $463,250 $44,715,400 $3,101,023 $2,421,500 Funds Available $3,320,336 Remaining for 2010 $219,313 . . J - 60 . . . . n,o" 'R' /T' I" A IN. rG/ "E.... it! 'E,iSi i I=::'. ) , . 'A ii " ' , " / WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: June 16, 2009 To: CITY COUNCIL FROM: NATHAN A. WEST, DIRECTOR COMMUNITY & ECONOMIC DEVELOPMENT SUBJECT: PROPOSED 2009 COMPREHENSIVE PLAN AMENDMENTS Summary: Consideration of amendments to the City of Port Angeles Comprehensive Plan and Land Use Map as prescribed in PAMC 18.04 (Growth Management). Recommendation: 'Council should commence with the second reading of the proposed ordinance and concur with the recommendation of the Planning Commission by adoption of the attached ordinance citing the 10 findings and 5 conclusions attached as Exhibit A to the ordinance in support of the action. Back2:round / Analvsis: At a City Council meeting held June 2, 2009, Council held a public hearing regarding the 2009 proposed amendments to the Comprehensive Plan. Following the public hearing Council conducted the first reading of the attached ordinance and continued the item to June 16,2009. Per 18.04.040 of the Port Angeles Municipal Code, proposed amendments to the Comprehensive Plan may be considered on an annual basis. Twelve (12) amendments are proposed to the City's Comprehensive Plan and Land Use Map during this annual review process. The amendments include two (2) changes to the Land Use Map with ten (10) text changes to the Comprehensive Plan text. A brief summary of the proposed changes is attached as Exhibit B to the attached ordinance. A more detailed description of the amendments is contained in staffs report that is attached as Attachment B to this memorandum. As recommended, the City Council should commence with the public hearing conduct the second reading and adopt the attached ordinance. Staff will be available for questions. ' Attachments: A - Ordinance, findings, and conclusions, and summary of revisions B - Planning Commission Staff report J - 61 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington adopting amendments to the Comprehensive Plan and Land Use Map. WHEREAS, the City of Port Angeles adopted a Comprehensive Plan on June 28, 1994; and WHEREAS, each year the City's Comprehensive Plan is reviewed so that new information and changing circumstances that may require amendment of the Comprehensive Plan and Land Use Map can be considered; and WHEREAS, the Planning Commission held a public hearing concerning the same on May 13,2009; and . WHEREAS, the Planning Commission has recommended updates and revisions to the Comprehensive Plan and Land Use Map so that they more accurately reflect current conditions . and expected development; and WHEREAS, the City provided ample public comment opportunities in consideration of the proposed amendments; and WHEREAS, the City has received and responded to detailed comments; and WHEREAS, all elements of the Comprehensive Plan and Land Use Map have been reviewed with the goal of enhancing and assuring the City's compliance with its legal obligations; and WHEREAS, the Planning Commission has transmitted a copy of its recommendations to the City Council; and the City Council has considered the Commission's recommendations, has held a public hearing, and has incorporated its own revisions; and WHEREAS, as a result of the hearing, the comments, the responses, and its own review -1- J - 62 . . of the Plan and the Map, the Council finds that it is in the best interest of the City that the amendments be adopted; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN as follows: Section L The Findings and Conclusions attached hereto as Exhibit "A" are hereby adopted. Section 2. The Comprehensive Plan amendments for the City of Port Angeles, which include revisions to maps within the Plan, attached to this Ordinance as Exhibit "B" and incorporated herein by this reference, are hereby adopted. Section 3. The Comprehensive Plan Land Use Map is amended as shown in Exhibit "C", and is hereby adopted. . Section 4. A copy of the amended Comprehensive Plan and Land Use Map shall be kept on file with the City Clerk and shall be available for public inspection. Section 5. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect five days after its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of June, 2009. Mayor ATTEST: APPROVED AS TO FORM: Becky J. Upton, City Clerk PUBLISHED: June ,2009 By Summary William E. Bloor, City Attorney . O,IL's.LB..kupIORDINANCES&RESOLUTlONS\ORDINANCES.20091J 0 - Camp Plan Am.ndlll<!nI.OS0409.wpd -2- J - 63 EXHIBIT A . RECOMMENDED FINDINGS, AND CONCLUSIONS IN SUPPORT OF COMPREHENSIVE PLAN AND AMENDMENTS - 2009 Findings: Based on the information provided in the Community Development Staff Report for CPA 09-01 dated June 2, 2009, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. The City of Port Angeles planning staff submitted various amendment proposals required for internal consistency, clarification of language, broader inclusiveness of nonmotorized transportation modes, the inclusion of investigation into form based codes, uniform signage, creation of a new zone for open space, habitat areas, and environmentally sensitive areas, and two Land Use Map changes for review as Comprehensive Plan Amendment application CPA 09-01 on or before March 31, 2009. The proposed amendments to the Comprehensive Plan language are area wide. The proposed amendments to the Land Use Map are also considered area wide. City Departmental issues were considered in the review of this application. Notification of the proposed action and Comprehensive Plan amendment permit application was placed in the Peninsula Daily News on April 27, 2009. The proposed Comprehensive Plan amendments were forwarded to Washington State Department of Community, Trade, and Economic Development on April 14, 2009, and received notification that the materials were received by CTED on April 20, 2009. The City of Port Angeles adopted its present Comprehensive Plan on June 28, 1994, by Ordinance 2818 and has annually amended it since. 2. 3. 4. . 5. 6. 7. The entire Comprehensive Plan was reviewed and analyzed to determine the need for reVISIOns. 8. The City of Port Angeles is anticipating a State mandated major Comprehensive Plan update in 2011. The current updates are intended to meet some of the requirements of the scheduled update. 9. A SEP A Threshold Determination will be issued for this proposed action once all comments from interested agencies and parties have commented. 10. The Planning Commission opened a public hearing on the proposal at the May 13, 2009, regular meeting. Conclusions: Based on the information provided in the Department of Community Development Staff Report for CP A 09-01 dated June 2, 2009, including all of the information in the public record file, comments, and testimony presented during the public hearing, the Planning Commission's discussion and deliberation, and listed findings, the City of Port Angeles Planning Commission hereby concludes that: . J - 64 . . . 1. The proposed amendments to the Comprehensive Plan are in compliance with the State's requirements for updating the Comprehensive Plan under the Growth Management Act. The Comprehensive Plan update is consistent with the County-Wide Planning Policy. The 2009 Comprehensive Plan update maintains internal consistency within the Port Angeles Comprehensive Plan. The Comprehensive Plan was thoroughly reviewed and updated between 2002 and 2004. The next major update required by the State of Washington Growth Management Act is scheduled for 2011. The 2009 amendments will be included as a portion of the scheduled 2011 updates. The 2004 amendments completed the last State mandated periodic update of the Comprehensive Plan. Opportunities for amending the Comprehensive Plan are available on an annual basis. 2. 3. 4. 5. J - 65 EXHIBIT B SUMMARY OF 2009 COMPREHENSIVE PLAN PROPOSED TEXT AMENDMENTS . Land Use Element: ~ A new policy for the consideration of separating the existing Public Buildings and Parks (PBP) zone into two zones with one remaining as PBP, and a second zone for other open space areas such as the stream ravines or the marine bluff that are neither parks nor public buildings/faciliti es; ~ A new policy supporting the investigation of using form-based codes in addition or instead of existing zoning methods; ~ An amendment to existing policy (Goal E, Policy 8) to more strongly encourage the inclusion of commercial nodes in residential areas; Transportation Element: ~ A new policy directing staff to investigate, with coordination of other stakeholders, revision of the First/Front Street corridor from a one-way couplet to individual two-way streets. ~ Amendment to Goal A, Objective 8, to simplify existing language.. ~ Amendment to Goal B, Policy 1, removing "one-way couplets" from the policy to avoid conflicting language with a proposed new policy regarding one-way streets. ~ Amendment to Goal B, Policy 10 to clarify the City's role in completion of the traffic circulation system. --- . Conservation Element: ~ Amendment to Goal B, Objective 8 to include the NPDES Phase 2 permit in the policy language. Capital Facilities Element: ~ A new policy suggesting the development of a unified, coherent design for signage to instruct visitors and residents to points of interest. ~ A new policy suggesting that the City support implementation of a building fa<;ade restoration program to improve the appearances of existing buildings. . J - 66 }?ORTANGELES ATTACHMENT B WAS H [ N G TON, U. S. A. DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT DATE: June 2, 2009 RE: Comprehensive Plan Amendments - CPA 09-0 I APPLICANT: City of Port Angeles OWNER: SAME LOCATION: Citywide REQUEST: Various amendments to the City of Port Angeles Comprehensive Plan, including changes to the Land Use Map, minor amendments to existing policy language for consistency and clarity, and the addition of four new policies. . PROPOSED AMENDMENTS: Map changes 1. 8th and 'B' Street extension of Commercial designation (proposed by applicant). 2. Remove Open Space designation at 8th and 'D' (map correction). Text changes LAND USE ELEMENT 3. New Policy: The City should consider separating the Public Buildings and Parks zone to an Open Space zone and a PBP zone to differentiate environmentally sensitive areas or natural features and spaces from sites containing public facilities and buildings. 4. Goal E, Policy 8: The City should allow N-neighborhood shopping area uses nodes may be allo'l;ed in residentially designated areas as long as they are in accordance with the planning area/district/neighborhood land use concept and as long as they do not encourage traffic from outside the neighborhood or increase traffic congestion within residential neighborhoods. 5. New Policy The City should investigate the value and utility of form-based codes, either as applied to the entire City or to specific areas within the City. . J - 67 TRANSPORTATION ELEMENT . 6. Goal A, Objective 8: The City will encourage public streetscape improvements, such as street trees, seasonal displays, non-motorized and pedestrian amenities through a comprehensive streetscape development and maintenance plan. 7. Goal B, Policy 10: The City should encourage and participate in the completione of the arterial traffic circulation system for west side development. 8. New policy. The City should consider undertaking traffic studies. discussions with Washington State Department of Transportation. local stakeholders. and businesses to investigate the potential impacts and benefits of returning the First and Front Street corridor to two-way traffic on both streets. 9. Goal B, Policy 1: Traffic flow modifications such as signalization, signing, parking restrictions, channelization, and one \-'laY couplets should be made before physical alterations are made to existing streets. CONSERVATION ELEMENT 10. Goal B, Objective 8: The City will develop a stormwater management plan consistent with the NPDES Phase II permit and will update the plan on a regular basis. CAPITAL FACILITIES ELEMENT 11. New Policy: The City should create a unified. coherent design element for signage. street lighting. traffic control devices. and similar structures to be used throughout the City and specificallv in the downtown area as a method for improved wav finding and place identification for visitors and residents alike. . 12. New Policy: The City should consider implementation of a building facade restoration program that will provide incentives and/or assistance to building owners to improve the appearance of existing buildings. PUBLIC COMMENT: Notification of the proposed action was placed in the Peninsula Daily News on April 27, 2009, posted at City Hall on April 24, 2009, and mailed to Washington State Department of Community, Trade and Economic Development (DCTED) on April 14, 2009. Written comments have not yet been received from DCTED. Comments were forwarded to other state agencies by DCTED within 10 days of receiving the materials. No public comments were received during the public comment period. DEP ARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS: Proposed Land Use Map Changes. Two amendments to the Comprehensive Plan Land Use Map are proposed. Proposed change #1, is a reconfiguration of the Commercial designated area in the vicinity of the 8th and 'C' Street commercial area. This amendment is initiated by a citizen request for a rezone proposal in the area. Upon review, staff identified the need to alter the commercial area designation for the proposed rezone, and also noted that additional alterations to the commercially designated area is required to contain commercial development to the intended 8th Street corridor. During review of proposed Land Use Map amendment #1, a small area designated as Open Space was identified as being located in an historic residential area, covering 6 to 8 established . J - 68 . . . single family residential lots. Staff was not able to determine a reasonable justification for the designation and further determined that the Open Space designation in that location was inconsistent with current land use and intended land uses for the future. That being the case, it was determined that the Open Space designation is a mapping error which should be corrected. Staff recommends adoption of the two proposed changes to the Comprehensive Plan Land Use Map. TEXT AMENDMENTS. Ten (10) text amendments are being proposed. The order of the amendments is organized by Comprehensive Plan element. Four of the proposed amendments are additions to the Comprehensive Plan in the form of new policies and four are amendments to existing policies or objectives. Five of the proposed new policies were generated from the March visit of a group of professionals known as the Sustainable Development Assessment Team and reflect their comments and recommendations. The visit was sponsored by a grant from the American Institute of Architects. LAND USE ELEMENT 3. New Policy: The City should consider separating the Public Buildings and Parks zone to into an Open Space zone and a PBP zone to differentiate environmentally sensitive areas or natural features and spaces from sites containing public facilities and buildings. The existing Public Buildings and Parks zone includes several widely different types of land use, including true public buildings, such as City Hall, the Clallam County Court House, the Public Library, the Community Center, and several schools. Additionally, the zone includes public utility structures with no public access, such as several electric substations, sewer pump stations, and the City's Corporation Yard. All of the public parks are located in PBP zoned areas as are several areas that are classified as environmentally sensitive areas. Environmentally sensitive areas are sometimes located on private property and have no public access or ownership, but require and deserve public protection to avoid property loss or loss of fragile environments or habitat. In order to provide appropriate levels of protection and project review for a widely diverse group of properties, staff is suggesting that the Comprehensive Plan be amended to provide direction and support for separating the various types of land uses included in the PBP zone into two (or more) zones to more accurately describe and control land uses and actions affecting these lands. Staff recommends approval of the proposed amendment to support the separation of the Public Buildings and Parks zone into two differing zones which more clearly address the issues presented by the wide variety of land uses and land forms currently covered by the PBP zone. 4. Goal E, Policy 8 The City should allow N-neighborhood shopping area uses nodes may be allowed in residentially designated areas as long as they are in accordance with the planning area/district/neighborhood land use concept and as long as they do not encourage traffic from outside the neighborhood or increase traffic congestion within residential neighborhoods. Currently the Comprehensive Plan Land Use Element, Goal E, Policy 8 states that the City may allow neighborhood shopping areas in residentially designated areas. Staff is suggesting that J - 69 using the stronger language of 'should allow' commercial nodes in residentially designated areas of the City would provide a more definite approach to City planning and provide applicants with . more certainty when planning projects. Current planning theory indicates that neighborhood commercial nodes provide for services that are not currently available in a convenient way to neighborhood residents. Small scale neighborhood commercial uses have been traditional in the past and provide for an integration of residential and commercial uses, rather than a strict and absolute separation of uses, which require that individuals travel longer distances from home to provide for daily needs, casual gatherings, etc. Staff recommends approval of the amendments to Land Use Element Goal E, Policy 8, to support inclusion of commercial nodes in some residential neighborhoods. 5. New Policy The City should investigate the value and utility of form-based codes. either as applied to the entire City or to specific areas within the City. Form based code is an alternative method of providing land use control which could be used either independent of existing zoning or in conjunction with existing zoning. The guiding principals of form based codes are that less emphasis is placed on the specific uses allowed in an area with more emphasis placed on the form of the development in an area. The concept focuses on the form and appearance of the public realm by using a specific set of standards to create the desired out come. It is assumed that by creating an urban form based on principles of mixed use, user friendly spaces that are desired and appropriate uses will fill the created spaces. The amendment proposal to the Comprehensive Plan would provide policy support and . direction to staff to study the concept and draft a sample code for further review. Staff recommends approval of the proposed amendment to add a new policy to the Comprehensive Plan Land Use Element to support consideration of form based codes. TRANSPORTATION ELEMENT 6. Goal A, Objective 8: The City will encoUrage public streetscape improvements, such as street trees, seasonal displays, non-motorized and pedestrian amenities through a comprehensive streetscape development and maintenance plan. The language being proposed is intended to more accurately describe the intent of the existing objective. The phrase 'seasonal displays' is proposed to be removed as it is not similar to the other streetscape examples in the objective. Street trees and pedestrian amenities are capital improvements that the City could or may invest in and provide benefits City wide. The addition of 'non-motorized' broadens the meaning of the objective by including more than simply pedestrian amenities, and the inclusion of , streets cape' focuses the objective more specifically. Staff recommends approval of the proposed amendment to Transportation Element Goal A, Objective 8, to more accurately describe the intent of the objective. . J - 70 . . . 7. Goal B, Policy 10: The City should encourage and participate in the completione of the artorial traffic circulation system for west side development. Policy 10 currently places the responsibility of completing the arterial circulation system in the west end of the City solely on the City. The amendment language shifts the totality of responsibility away from the City. Staff recommends approval of the proposed amendment to Transportation Element Goal B, Policy 10, of the Comprehensive Plan, to more accurately describe the intent of the policy. 8. New policy. The City should consider undertaking traffic studies. discussions with Washington State Department of Transportation. local stakeholders. and businesses to investigate the potential impacts and benefits ofretuming the First and Front Street corridor to two-way traffic on both streets. This amendment is a result of the conclusions made by the AlA SDAT grant participants from their March 2009, visit to Port Angeles. A strong suggestion from the AlA planning team was to consider the return of the First/Front Street corridor to standard two-way streets, rather than the existing one-way couplet configuration. Staff recommends approval of the proposed new policy to the Transportation Element, to support the study of traffic flow along First and Front Streets. 9. Goal B, Policy 1: Traffic flow modifications such as signalization, signing, parking restrictions, channelization, and one '.Yay couplets should be made before physical alterations are made to existing streets. This amendment removes reference to specific traffic flow methods mentioned in the policy. By removing specific methods, no implication that these methods are exclusive to what can be considered. Other methods of traffic flow modifications may be considered with no prejudice attached. Staff recommends approval ofthe proposed amendment to Policy 1 (Goal B) tothe Transportation Element. CONSERVATION ELEMENT 10. Goal B, Objective 8. The City will develop a stormwater management plan consistent with the NPDES Phase II permit and will update the plan on a regular basis. The proposed amendments to Conservation Element Goal B, Objective 8, of the Comprehensive Plan is intended to update the existing objective to meet the current requirement of the National Pollutant Discharge Elimination System Phase II pennit that the City is required to operate under. Staff recommends approval of the proposed amendments to the Conservation Element, Goal B, Objective 8, to bring the Comprehensive Plan into consistency with current regulatory requirements. J - 71 CAPITAL FACILITIES ELEMENT 11. New Policy: The City should create a unified. coherent design element for signage. street . lighting. traffic control devices. and similar structures to be used throughout the City and specificallv in the downtown area as a method for improved way finding and place identification for visitors and residents alike. Currently it is perceived that due to the number and inconsistency of sign design throughout the City that way-finding for local residents and visitors to the City is complicated and confusing, at times causing an inability to locate specific sites and activities. It has been shown that having a uniform, consistent, easily identified system of signage directing people to specific attractions or destinations aids in way-finding and reduces confusion. It is anticipated that having such a system of providing direction through recognizable sign devises aids in place recognition as well as way-finding. Staff recommends approval of the proposed new policy being added to the Capital Facilities Element of the Comprehensive Plan to establish a foundation for unified design elements in the City's Central Business District. 12. New Policy: The City should consider implementation of a building facade restoration program that will provide incentives and/or assistance to building owners to improve the appearance of existing buildings. It has been shown that the appearance of business districts or individual businesses plays a . role in the usage and therefore the profitability of those businesses. The economic health of individual businesses has a direct bearing on the economic health of the entire community. The proposed new policy supports the participation by the City in assisting individual businesses or groups of businesses in maintaining and upgrading the appearance of existing buildings in an effort to improve the appearance and subsequently the prosperity of those businesses and ultimately the City. Staff recommends approval of the proposed new policy providing leadership and direction to upgrading the appearance of buildings being added to the Capital Facilities Element of the Comprehensive Plan. ST ATE ENVIRONMENTAL POLICY ACT (SEP A) REVIEW: A Determination of NonSignificance will be issued for this proposed action once all comments are received from interested agencies and parties, per WAC 197-11-355. Exhibits A. - Comprehensive Plan Land Use Map amendments map . J - 72 . . . ~..... ORTPJ... . ..... NGELES .. ....",.. ......"..., WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: June 16,2009 To: City Council FROM: TERRY K. GALLAGHER, CHIEF OF POLICE SUBJECT: 2009 GRANT OPPORTUNITY - POLICE DEPARTMENT Summary: The Bureau of Justice Assistance (BJA) has announced that the FY 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) local solicitation is now available. Port Angeles has been identified as eligible for funding in the amount of $12,029.00. Applications are due by July 09,2009 and must include a statement that the City Council was afforded the opportunity to review the grant, and that the application was made public, and that, to the extent of applicable law or established procedure, an opportunity to comment was provided to the community. Tonight's public hearing is meant to comply with those particular grant requirements. Recommendation: (1) Open Public Hearing, (2) accept public comment, (3) close Public Hearing, and (4) authorize the Police Department to finalize grant application and accept funding if so awarded. The Edward Byrne Memorial Justice Assistance Grant Program (JAG) was established to streamline justice funding and grant administration and allow eligible agencies to support a broad range of activities designed to control crime based on local needs and conditions. JAG blends the previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and place justice funds where they are needed most. Port Angeles has been deemed eligible for $12,029.00. This is unanticipated revenue that will partially compensate for the decreased revenue collections being experienced by the department in other areas, and specifically the anticipated loss of the school district's $23,000.00 annual contribution that has supported the School Resource Officer (SRO) Program. If Council authorizes P APD to fmalize the grant application and accept the funding (if and when it is awarded), PAPD will use the funds to continue the SRO Program through the 2009-2010 school year. There is no match requirement for this grant. PW _ JO 1.0 1 [Revised 07/20104] J -73 . . . FORT ANGELES WAS H I N G TON, U. S. A. I HUMAN RESOURCES OFFICE DATE: To: JUNE 16, 2009 CITY COUNCIL BOB COONS, HUMAN RESOURCE MANAGER ~ ~ FROM: Subject: Labor Contract between the City and Teamsters #589, Non-Sworn Bargaining Unit. Summary: The City and the Teamsters Union, representing the non-sworn employees in the Police Department, reached agreement for a new labor contract covering January 1, 2009, through December 31, 2010. The agreement provides a cost of living adjustment of 5.58% for 2009 and 90% of the Seattle-Bremerton CPl for 2010, with a minimum of2% and a Maximum of 5%. The employees will begin paying 9% of the monthly medical insurance premiums. The union membership has ratified the tentative agreement. Recommendation: Staff recommends that the City Council approve the attached labor contract between the City and the Teamsters Union, Local #589, representing the non-sworn bargaining unit for the contract period covering January 1, 2009, through December 31, 2010, including wage retroactivity for 2009, and authorize the Mayor to sign the labor contract. Backf,!round / Analysis: The labor contract between the City and the Teamsters Union, Non- Sworn bargaining unit expired December 31, 2008. The parties have been in negotiations for several months and reached a tentative agreement for a new contract using a State Mediator with the Public Employment Relations Commission (PERC). The duration of the contract is for 2009 and 2010. The economic changes include a COLA for 2009 the same as provided to the other labor unions negotiated in the fall of 2008 and for the Management and Non-Represented employees. For 2010, the wage increase will be equal to 90% of the Seattle-Bremerton CPl, W- ind~x with a minimum of 2% and a maximum of 5%. Additionally, the City negotiated a change in medical insurance where employees pay 9% ofthe medical premium, equal to $77.75 a month. This is a significant savings to the City. The Union membership has ratified the terms and conditions of the tentative agreement. Staff recommends the City Council approve the labor contract. Fiscal Impact: The wage increase for 2009 is in the current budget. The amlual savings to the City for employee's paying 9% of the medical premium is $26,000. Because the effective date for this cost share is July 1 st, we will realize about $13,000 this year. Attachment: Non-Sworn Teamsters Labor Contract for 2009 - 2010 . Cc: Kent Myers, City Manager Bill Bloor, City Attorney. Ken Troup, Teamsters Union, #589. /,:"f~,:,:, . . . . . CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC COMMENT: PUBLIC CEREMONIES/ PRESENTATIONS: WORK SESSION: CITY COUNCIL MEETING Port Angeles, Washington June 2, 2009 Mayor Braun called the regular meeting ofthe Port Angeles City Council to order at 6:00 p.m. Members Present: Mayor Braun, Deputy Mayor Wharton, and Councilmembers Di Guilio, Kidd, Perry, Rogers, and Williams. Members Absent: None. Staff Present: Manager Myers, Attomey Bloor, Clerk Upton, G. Cutler, T. Gallagher, D. McKeen, N. West, Y. Ziomkowski, T. Pierce, M. Szatlocky, L. Dunbar, T. Partch, P. Lusk, and S. Sperr. Public Present: T. Callis, P. Lamoureux, B. Blore, C. Nyhus, G. Kenworthy, T. Gourley, D. Starks, L. Dudley, A. Dudley, R. McCoy, B. Lawrence, K. Lawrence, S. Zenovic. A. Gentry, E. Chadd, C. Preble, S. Hankins, G. Meiner, and 1. Wesley. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmember Perry. Norma Turner, 3928 Mt. Angeles Road, thanked the Council for placing the agenda packet on the City's web site. Ms. Tumer referenced the draft Interlocal Agreement with Clallam County regarding the William Shore Memorial Pool District, suggesting specific language changes for the public to have a seat on the goveming board. Ms. Tumer then discussed proposed subsidies for NOAA and ACTI, and she urged caution because ofthe expensive nature of the proposals. She indicated the theory of corporate welfare has been debunked and she offered to loan the Council a 1998 Time magazine regarding corporate welfare costs. Ms. Tumer addressed local needs for public subsidies, such as Habitat for Humanities, and she expressed the desire for equity. Peter Ripley, 114 E. 6'\ #102, expressed pleasure with the outcome of the vote on the Pool, a vital facility that is being saved for the use of many: He opined there may be a future need to build a new pool if funding can be mustered, and he expressed the hope this is a prime example of the City meaning what it says when it looks out for the health and welfare of the community. Paul Lamoureux, 602 Whidby, addressed the matter of the Pool, the group that came forward to save the Pool, and the makeup of the proposed Board for the Pool District. He proposed a change to the composition of the Board, suggesting three citizens-at-Iarge, two Councilmembers, and two County Commissioners. Mr. Lamoureux then referenced proposed changes to the Council Rules of Procedure, questioning the need for a comment card. None. None. L-1 - 1 - . . . CITY COUNCIL MEETING June 2, 2009 LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: RESOLUTIONS: City Council Rules of Procedure Resolution No. 10-09 NOAA Proposal Support Resolution No. 11-09 There were no late items added to the agenda. Council member Perry reported he had received phone ca11s from citizens wanting to know how to show support for the citing of the NOAA Marine Operations Center in Port Angeles. Manager Myers responded there are two things that can be done immediately. Because of the issue on the agenda, the Council would appreciate support. Letters to the Editor would also be helpful. Director West stated community stakeholders have come together and offered assistance, such as realtors helping with housing and banks helping with mortgages. Discussion fo11owed. Because of the anticipated length ofthe Council meeting, Councilmember Perry moved that the entirety of Agenda Items F. and G. be moved to the Consent Agenda. Following discussion, the motion died for lack of a second. Deputy Mayor Wharton indicated the Feiro Marine Life Center withdrew the contract from the agenda, as they were in need of more time. None. 1. City Council Rules of Procedure: Manager Myers presented revised City Council Rules of Procedure incorporating revisions discussed at the recent Council retreat having to do with the order of business on the Council agenda, the public comment period and Council comments fo11owing statements from the public, employee recognition, and Council committee reports. Discussion ensued, and a question was raised as to the purpose of the comment request card. Manager Myers responded the card was suggested for an orderly process, but it was not intended to censor comments, pI us the Council had indicated there are issues that are administrative in nature that can be referred to staff. Following discussion, Councilmember Kidd moved to eliminate the sentence regarding the comment card. Councilmember Perry seconded the motion. In the ensuing discussion, Councilmember Kidd restated the motion to approve the changes to the City Council Rules of Procedure as recommended and to eliminate the sentence regarding the comment card. Councilmember Perry, as seconder of the motion, agreed to the restatement of the motion. A vote was taken on the motion, which carried unanimously. For the record, Mayor Braun read the Resolution by title, entitled RESOLUTION NO. 10-09 A RESOLUTION of the City Council of the City of Port Angeles, Washington, amending Section 8 of the Council's Rules of Procedure, order of business on the agenda. 2. NOAA Proposal Support: Manager Myers presented for the Council's consideration a Resolution reaffirming support for the NOAA project and committing to a continued partnership with the Port in this endeavor. The Port's best and final offer was due by June 4th, and it is felt that additional participation by the City will enhance the proposal and insure the best possible proposal is offered to NOAA for citing the Marine Operations Center in Port Angeles. Manager Myers summarized possible ways in which the City could provide additional support, such as numerous improvements and upgrades needed to meet the NOAA requirements, as we11 as joint financing possibilities, outside grants and loans, direct funding of off-site improvements, payment of City permits and fees, and an expedited permitting process. He noted that specific issues would be brought back to the Council L-2 - 2- RESOLUTIONS: (Cont'd) NOAA Proposal Support Resolution No. 11-09 (Cont'd) OTHER CONSIDERATIONS: William Shore Memorial Pool District (WSMPD) - Interlocal Agreement William Shore Memorial Pool District (WSMPD) - Appoint Board Members Move Items to Consent Agenda CITY COUNCIL MEETING June 2, 2009 for approval. Director West stated there is confidence that the proposal is competitive. . Mayor Braun read the Resolution by title, entitled RESOLUTION NO. 11-09 A RESOLUTION of the City Council of the City of Port Angeles, Washington affirming its support of NOAA relocating its Marine Operations Center to our community. Councilmember Rogers moved to pass the Resolution as read by title. Councilmember Perry seconded the motion. In the ensuing discussion, it was suggested the Resolution lacked specificity as to the level ofthe City's participation and that caution should be exercised in funding commitments. Manager Myers read an excerpt from the Resolution in that the City would consider contributions "within its legal authority and financial ability." A vote was taken on the motion, which carried unanimously. 1. William Shore Memorial Pool District (WSMPD) - lnterlocal Agreement: Manager Myers congratulated Krista Winn and the members of the Save the Pool Committee for the voter approval of the formation of the Will iamShore Memorial Pool District. He summarized the interlocal agreement with Clallam County, which would set the framework for the District governance, and the composition of the Board with two City Council members, two County Commissioners, and one member who mayor may not be an elected official. He noted the formation of a Citizens Advisory Committee as a part of the establishment of the Pool District. Manager Myers indicated the County approved the agreement earlier in the day, and if the interlocal agreement is approved, then the WSMPD Board will meet on Wednesday, June 3rd. Some minor changes were made by the County, and Attorney Bloor noted the revised agreement had been provided to the Council before the meeting. The changes were summarized by Manager Myers. . Discussion followed, and the Council addressed such matters as the District being subject to the Open Public Meetings Act, a possible application process for the 5th Board member, and the provision of legal, financial, and other services. Manager Myers indicated there is consensus that the City will provide those services for the remainder of the year under a contractual basis, something that will come before the Council for formal approval. Discussion then focused on the staggering of terms for Board members, and Attorney Bloor provided clarification as relates to the State Statutes on park districts. Councilmember Rogers moved to approve and authorize the Mayor to sign the Interlocal Agreement with Clallam County for the Governance ofthe William Shore Memorial Pool District. Councilmember Di Guilio seconded the motion. A vote was taken on the motion, which carried 6 - 1, with Deputy Mayor Wharton voting in opposition. Deputy Mayor Wharton explained she voted against the motion, because she did not agree with the language relative to the 5th Board member. She felt strongly the position should be filled by an at-large community representative. 2. William Shore Memorial Pool District (WSMPD) - Appoint Board Members: Manager Myers suggested the Counci I open nominations and proceed to the appointment of two members to the William Shore Memorial Pool District Board. Deputy Mayor Wharton moved to appoint Councilmembers Kidd and Di Guilio to the two positions. The motion was seconded by Councilmember Perry and carried unanimously. Councilmember Di Guilio itemized a list of agenda items he felt could be moved to the . Consent Agenda. After consideration, the Council agreed by consensus to move Agenda Items G.3., GA., and G.? to the Consent Agenda. L-3 - 3 - . . . CITY COUNCIL MEETING June 2, 2009 Break PUBLIC HEARINGS - OTHER: Surplus Equipment - Trolley Dry Creek Bridge & Trail Planning Mayor Braun recessed the meeting for a break at 7:04 p.m. The meeting reconvened at 7:16 p.m. 1. Surplus Equipment - Trolley: Director Cutler indicated the matter of declaring the trolley surplus was brought to the Council at. previous meetings. Other agencies and groups have expressed interest, but nothing has come to fruition. Title to the trolley was transferred to the City by Clallam Transit in July of 2007. The trolley cannot be economically used by the City, and it continues to age and incur maintenance costs. It is proposed the Council conduct a public hearing and then declare the trolley surplus. Council member Williams, as representative to the Chamber of Commerce Board, felt the Council could be placed under potential scrutiny for any action taken on the trolley, and he asked that Mayor Braun, because of his association with the Historical Society, and Councilmembers Perry and Kidd recuse themselves. Attorney Bloor provided clarification on recusal, after which Mayor Braun and Councilmembers Perry and Kidd agreed to recuse themselves from the consideration. Deputy Mayor Wharton opened the public hearing at 7:22 p.m. There being no public comment, the public hearing was closed as 7:22 p.m. Councilmember Williams moved to declare the trolley surplus and authorize the Director of Public Works & Utilities to dispose of it in the most efficient manner. Counciimember Rogers seconded the motion. Councilmember Di Guilio noted the Sequim City Council and Chamber of Commerce had expressed interest in acquiring the trolley. A vote was taken on the motion, which carried 4' - 0, with Mayor Braun and Councilmembers Perry and Kidd remaining silent. 2. Dry Creek Bridge & Trail Planning: Director Cutler indicated the City secured a planning grant from the Washington State Recreation and Conservation Office (RCO) as the first phase of the Dry Creek Bridge and Trail Planning Project for the area of the Olympic Discovery Trail from Marine Drive to the Elwha River. The grant agreement requires that the Dry Creek Bridge and Trail Planning Study be accepted by the City of Port Angeles. Engineer Szatlocky used PowerPoint slides to describe the Dry Creek Bridge and Trail Planning Study, which was done by the City in collaboration with Gentry Architecture, the Olympic Trails Coalition, the Lower Elwha Klallam Tribe, the Port of Port Angeles, and the Alternate Transportation Advocacy of Port Angeles. Mr. Szatlocky discussed the intended use of the plan, phased development, the design based on topography, the locations of the different trailheads, and the pedestrian bridge at Dry Creek. Discussion followed as to the route ofthe trail, property ownership, acquisition of easements, as well as consistency of the trail surface in terms of chip seal versus asphalt. Mayor Braun opened the public hearing at 7:43 p.m. Chuck Preble, 1792 Chicken Coop Road, a member of the Peninsula Trails Coalition, advised the Council the project is going along well, and there is now the benefit of a plan. He commended Engineer Szatlocky for his efforts on the plan, indicating a desire to see the trail completed much sooner. Mr. Preble indicated the Olympic Discovery Trail is coming together nicely through Port Angeles, Sequim, and Blyn, and it is exciting to see the bridge over the Elwha with the suspended pedestrian bridge nearing completion. He discussed the western segments of the trail, noting Dry Creek stops everything in both directions. Completion of the bridge will tie it all together. Mr. Preble assured the Council of the positive impact the trail has on activities in the City, and he urged the Council's serious consideration of keeping the project moving ahead. L-4 - 4 - PUBLIC HEARINGS - OTHER: (Cont'd) Dry Creek Bridge & Trail Planning (Cont'd) Stormwater NPDES Phase II Permit / Port Angeles Municipal Code Amendments Title 11, 13, and 15 CITY COUNCIL MEETING June 2, 2009 There being no further public testimony, Mayor Braun closed the public hearing at 7:47 p.m. . Councilmember Rogers moved to approve the Dry Creek Bridge and Trail Planning Study. Councilmember Perry seconded the motion. Individual Council members expressed support for the project, with the suggestion made to install donation boxes at various locations on the trail. Comments were made as to the positive use ofthe General Fund in this regard, the number of visitors that are being attracted to the area, and the positive collaboration on the project. A vote was taken on the motion, which carried unanimously. Director Cutler thanked all members of the community for their help and participation, and he extended appreciation to Mr. Preble for his help on the grant proposal. 3. Storm water NPDES Phase 11 Permit / Port Angeles Municipal Code Amendments Title 11,13, and 15: Director Cutler indicated that members of the Departments of Community & Economic Development and Public Works & Utilities have been working cooperatively in developing mandated stormwater changes to the Port Angeles Municipal Code and the City's Urban Services Standards and Guidelines in order to implement the requirements of the City's Stormwater National Pollution Discharge Elimination System (NPDES) Phase 2 Permit that was issued in January of2007. The City was successful in obtaining a grant from DOE to partially fund the changes, and a grant was also obtained from Washington State Community Trade & Economic Development (CTED) to fund an effort to update and change development regulations and standards for improved streetscapes, low impact development, and transportation issues. Director West noted the two departments have worked cooperatively to implement elements of the CTED grant, to include affordable housing, density incentives, transportation, and streetscapes. Many were implemented last year, and staffis following through on the portion of the grant related to Municipal Code amendments on stormwater, clearing and grading, rights-of-way, and landscaping. He advised the Council that both departments will share responsibility for permitting and enforcement, and every effort will be made to work with the public on implementation. . Engineer Partch used PowerPoint slides to review highlights of revisions to Titles 13 and is of the Port Angeles Municipal Code to include, implementation of a Stormwater Permit, new requirements for sites that disturb one acre or more, existing City requirements for sites that disturb less than one acre, and an incentive program for projects that disturb less than one acre. Engineer Partch summarized additional changes regarding illicit discharges, the adoption of most sections of the 2005 Stormwater Management Manual for Western Washington, escalating enforcement measures, and new Stormwater fees related to inspections and maintenance. She indicated she made a presentation to the Utility Advisory Committee, as well as the Builders Association. Unfortunately, only a few attended the latter. Ms. Partch cited the example of how washing a vehicle at the curbside is considered an illicit discharge, but it is preferred that the City conduct education and outreach as opposed to issuing tickets. Brief discussion followed, and the question was raised as to the County's efforts on stormwater, since both entities are in the same watershed. Carol Creasey, Senior Planner at Clallam County, approached the podium and advised the Council she is the Stormwater Project Manager for the County. Ms. Creasey described the receipt of grant funding, stormwater monitoring that has commenced in the Sequim Dungeness watershed, and a 3-phased approach that has been instituted. A work group has been formulated on stormwater. Director Cutler commented that one of the big differences between the efforts of the City and the County is that the City has the pressure of the NPDES requirements. Discussion followed. . L-5 - 5 - . . . CITY COUNCIL MEETING June 2, 2009 PUBLIC HEARINGS ~ OTHER: (Cont'd) Stormwater NPDES Phase II Permit I Port Angeles Municipal Code Amendments Title 11, 13, and 15 (Cont'd) Break 2009..2015 Capital Facilities Plan (CFP) & Transportation Improvement Program (TIP) Mayor Braun conducted a first reading of the Ordinances by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, revising Chapters 11.08, 11.12 and 11.18 of the Port Angeles Municipal Code relating to construction, excavation and use of rights-of-way. ORDINANCE NO. AN ORDINANCE of the City of Fort Angeles, Washington, revising and adding sections of the Port Angeles Municipal Code relating to Stormwater Utility and Regulations for compliance with the City's Phase II NPDES storm water permit. Mayor Braun opened the public hearing at 8:25 p.m. Steve Zenovic, representing the firm of Zenovic & Associates and the Peninsula Building Association, felt the City is heading in the right direction. Mr. Zenovic just received a copy of the ordinance earlier in the day, and he noted there are some significant changes being proposed. He felt that public outreach is crucial. Having served on a storm water committee for the County in 1995, he felt the County lacked the wherewithal for action, and he urged the City Council to pressure the County on stormwater, as the County dumps water into the City's lap. He felt the County needs to make this a priority. Mr. Zenovic also asked that sufficient time be allowed for a thorough review of the proposed changes. Ed Chadd, 307 W 6th Street, indicated that the issue of a standard for a runoff goal is laudable, especially from the point of view of impact on ecosystems. He asked how the determination would be made. Regarding incentives, Mr. Chadd was pleased there are provisions to encourage people to use good management techniques, and he wondered whether the incentives apply to new development or to everyone in the interest of implementing good management practices. He felt it important to do a better job moving forward and doing better with what we have. Paul Lamoureux, 602 Whidby, chose to tie stormwater into the HarborWorks project as relates to treatment. He felt the stonnwater mandate to be invalid and unenforceable, and it was difficult for him to believe the State would penalize the City if the deadline is not met. He suggested the City allow car washing at all City parks. There being no further public testimony, at 8:36 p.m., Mayor Braun continued the public hearing to June 16, 2009. Mayor Braun recessed the meeting for a break at 8:37 p.m. The meeting reconvened at 8:49 p.m. 4. 2009 - 2015 Capital Facilities Plan (CFP) & Transportation Improvement Program (TIP): Director Cutler used PowerPoint slides to provide a summary of the CFP/TIP Project book organization, project categories, and the layout of the various projects. He reviewed project selection criteria, an itemization of completed projects, ongoing projects, as well as additional projects that were incorporated at the request of the Council. Deputy Mayor Wharton advocated for bicycle amenities with the first step being the identification of the projects, along with an associated budget. Director Cutler then referenced allocations for projects in 2009, proposed amounts for 2010, and projects identified for funding in General Government for 2010. He added that allocations would not be made for 2009 capital projects, as there currently aren't any funds to be allocated. Director Cutler also displayed a slide depicting locations of the transportation projects. L-6 - 6 - PUBLIC HEARINGS - OTHER: (Cont'd) 2009 - 2015 Capital Facilities Plan (CFP) & Transportation Improvement Program (TIP) (Cont'd) Blore & Nyhus Rezone CITY COUNCIL MEETING June 2, 2009 Mayor Braun opened the public hearing at 9: 17 p.m. Randall McCoy, 112 E. 11 th Street, representing the Alternate Transportation Advocacy of Port Angeles, made a brief PowerPoint presentation to provide the Council with information regarding the number of bicyclers, bicycles used for commuting to work, and the 2010 Commute Challenge, to which he issued a challenge to the City to participate. He shared mileage information regarding the Cascade Bicycle Club and Cascade Summer Bike League and reviewed a map depicting area destinations, as well as a slide of the Master Multi-Modal Transportation Routing Plan. Mr. McCoy recommended 10'h Street as an addition to the bike route and shared recommendations pertinent to the bike route on the uphill portion of Hill Street. He asked that, when overlays are added to First and Front Streets, bike lanes be added. . There being no further public testimony, at 9:28 p.m, Mayor Braun continued the public hearing to June 16, 2009. He then read the Resolution by title, entitled, RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, adopting the Capital Facilities Plan and Transportation Improvement Program for 2009 - 2015. 6. Blore & Nyhus Rezone: Director West indicated this is a quasi-judicial hearing, and he summarized the request for a rezone of approximately 21,000 square feet of property located in the Commercial Neighborhood (CN) zone to Residential High Density (RHD). The property is located at the northwest comer of the intersection of "C" and West Seventeenth Streets and is owned by Brando Blore and Christina Nyhus. An adjacent property owner, Gladys Pressley, has asked to be included in the rezone action. The Plamiing Commission recommended approval. Director West noted a correction in the size ofthe rezone, from 14,000 to 21,000 square feet. As a resident in the vicinity, Councilmember Williams recused himselffrom the consideration and departed the Chambers at 9:32 p.m. Attorney Bloor reminded the Council this is a quasi-judicial matter, and the Council should be qualified in terms of appearance offairness issues. Councilmember Rogers indicated she lives in the vicinity, but has had no Plior knowledge of the application and has had no involvement with the property. There were no other issues identified by the Council. . Mayor Braun opened the public hearing at 9:34 p.m. Brando Blore, P. O. Box 3029, Port Angeles, 2154 Highway 101 West, expressed hope the Council would support the rezone so they can build a new apartment complex on the property. Under the current zoning, they would have to build a commercial element which would not make the project feasible. There being no further public testimony, Mayor Braun closed the public hearing at 9:35 p.m. Mayor Braun conducted a first reading of the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, rezoning approximately 21,000 square feet of Lots 18, 19 & 20, Block 441, from Commercial Neighborhood (CN) to Residential High Density (RHD). Council member Williams returned to the Council Chambers at 9:36 p.m. . L-7 - 7 - . . . CITY COUNClL MEETING June 2, 2009 Comprehensive Plan Amendments OTHER CONSIDERATIONS: (Cont'd) Peninsula Development District Projects Bonneville Power Administration Accord & Satisfaction Agreement Kenmore Air Agreement Feiro Marine Lab Contract Advanced Water Power Grant Application PUBLIC HEARINGS - QUASI-JUDICIAL: FINANCE: 5. Comprehensive Plan Amendments: Director West presented for consideration certain amendments to the City's Comprehensive Plan and Land Use Map as prescribed in PAMC 18.04 (Growth Management). He indicated there are two (2) changes to the Land Use Map and ten (10) text changes to the Comprehensive Plan. One-half of the amendments are a result of recommendations made by the American Institute of Architects' (AIA) Sustainable Development Assessment Team. One amendment is the result of mandated NPDES Phase 2 Stormwater Permit regulations, and the remaining four are submitted by staff. He indicated there are two map.changes. The Community & Economic Development Committee endorsed the changes. Mayor Braun opened the public hearing at 9:38 p.m. There being no public testimony, at 9:38 p.m., the public hearing was continued to June 16,2009. Mayor Braun conducted a first reading of the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, adopting amendments to the Comprehensive Plan and Land Use Map. 3. Peninsula Development District Projects: This item was moved to the Consent Agenda. 4. Bonneville Power Administration Acqord & Satisfaction Agreement: This item was moved to the Consent Agenda. 5. Kenmore Air Agreement: Director West reported the Lodging Tax Advisory Committee had recommended that the City dedicate $10,000 for the Kenmore Air Tourism Promotion by using lodging tax funds. The Council concurred with the recommendation on March 3, 2009, and directed staff to incorporate the proposal into a contract with Kenmore Air. The proposed agreement was presented to the Council at this time for consideration. Councilmember Rogers moved to approve and authorize the Mayor to sign a contract with Kenmore Air Harbor, Inc., for tourist promotion. Councilmember Perry seconded the motion, and following brief discussion, a vote was taken on the motion, which carried unanimously. 6. Feiro Marine Lab Contract: As reported earlier, this item was withdrawn by the Feiro Marine Life Center, as they are not ready to proceed with the contract. 7. Advanced Water Power Grant Application: This item was moved to the Consent Agenda. None. None. L-8 - 8 - CONSENT AGENDA: CITY COUNCIL COMMITTEE REPORTS: INFORMATION: EXECUTIVE SESSION: ADJOURNMENT: CITY COUNCIL MEETING June 2, 2009 Councilmember Perry moved to accept the Consent Agenda, to include: 1.) City Council Meeting Minutes of May 19,2009; 2.) Expenditure Approval List from 5/9/2009 to 5/2212009 for $2,825,574.52; 3.) Valley Creek Grant Application; 4.) Peninsula Development District Projects; 5.) Bonneville Power Administration Accord and Satisfaction Agreement; and 6.) Advanced Water Power Grant Application. The motion was seconded by Deputy Mayor Wharton and carried unanimously. Council member Williams acknowledged Manager Myers' and Councilmember Rogers' interview the prior day on KONP. Discussion ensued on media coverage regarding a suicide from the 8th Street Bridges and other matters. Manager Myers recognized a Letter to the Editor regarding Public Works' paving of the Trail near Morse Creek. He issued a reminder of the Tier 2 Power Supply Planning workshop tomorrow and Thursday, and he announced the City will be part of a forum on the Rayonier property on June 9th at the Red Lion Hotel at 6:00 p.m. The new Executive Director of the Port Angeles HarborWorks Development Authority will be discussing his goals. Manager Myers provided a status report on the Gateway Project, and with Council concurrence, announced he would be getting information out to the community regarding surplus funds. None. The meeting was adjourned at 9:56 p.m. Gary Braun, Mayor Becky J. Upton, City Clerk L-9 - 9- . . . . . . CITY COUNCIL / UTILITY ADVISORY COMMITTEE SPECIAL MEETINGS Port Angeles, Washington June 3,2009 and June 4,2009 SPECIAL MEETINGS: ATTENDANCE: Northwest Public Power Association Tier 2 Power Supply Planning Workshop ADJOURNMENT: Members of the City Council and the Utility Advisory Committee attended the Northwest Public Power Association Tier 2 Power Supply Planning Workshop on Wednesday and Thursday, June 3 and June 4,2009, at 8:00 a.m. Council Members Present: Mayor Braun, Deputy Mayor Wharton, and Councilmembers Di Guilio, Kidd, Perry, Rogers, and Williams. Utility Advisory Committee Members Present: Orville Campbell and Dean Reed. Staff Present: Manager Myers, G. Cutler, N. West, L. Dunbar, P. Lusk, B. Kajfasz, and T. Pierce. Others Present: B. Singletary, K. Smit, M. Jackson, S. Greene, T. Beatty, and T.Krueger. Northwest Public Power Association Tier 2 Power Supply Planning Workshop: Members of the City Council and the Utility Advisory Committee attended the Tier 2 Power Supply Planning Workshop to consider how the City's Electric Utility will meet its Tier 2 power supply. The attendees considered the variousoptions available, and staff was asked to revise the "straw man" proposal and return to the Utility Advisory Committee and City Council for action prior to the November 1,2009, Bonneville Power Administration notice deadline. The June 3, 2009, workshop was adjourned at approximately 3:00 p.m., and the June 4, 2009, workshop was adjourned at approximately 1:00 p.m. Gary Braun, Mayor Becky J. Upton, City Clerk Dean Read, Chair Utility Advisory Committee Cate Rinehart, Admin. Spec. II L - 10 - 1 - Date: 6/10/2009 City of Port Angeles City Council Expenditure Report . From: 5/23/2009 To: 6/5/2009 Vendor Description Account Number' Invoice Amount ANGELES MillWORK & lUMBER CO LOBBY DROP BOX 001-2025-514.31-01 78.05 DROP BOX 001-2025-514.31-01 13.43 AT&T BUSINESS SERVICE 5-13 ale 017 203-4468 001 001-2025-514.42-10 4.41 DATABARINCORPORATED CYCLES 11-15 5/21/09 001-2025-514.41-50 1,895.27 CYCLES 16-20 5/29/09 001-2025-514.41-50 1,514.20 DIGITAL IMAGING SOLUTIONS INC COPIES THRU 53109 001-2025-514.45-31 26.09 EQUIFAX CREDIT REPORTS 001-2025-514.41-50 62.47 HARTNAGEl BUilDING SUPPl.Y INC LOBBY DROP BOX 001-2025-514.31-01 84.06 OL YMPIC STATIONERS INC PEN 001-2025-514.31-01 4.30 PACIFIC OFFICE EQUIPMENT INC TONER CARTRIDGEIHANEY 001-2025-514.31-01 149.58 QWEST 5-16 ale 206T359336570B 001-2025-514.42-10 36.17 5-23 ale 206T310164584B 001-2025-514.42-10 36.17 5-23 ale 206T302306084B 001-2025-514.42-10 26.40 VERIZON WIRELESS 5-13 ale 271272753-00001 001-2025-514.42-10 70.61 Finance Department Customer Service Division Total: $4,071.04 DIGITAL IMAGING SOLUTIONS INC COPIES THRU 53109 001-2080-514.45-31 1,330.17 GREAT AMERICA lEASING CORP MAY COPIER LEASE 001-2080-514.45-31 143.72 MAY COPIER LEASE 001-2080-514.45-31 638.27 MAY COPIER LEASE 001-2080-514.45-31 607.63 . May Copier Lease 001-2080-514.45-31 268.55 MORNINGSIDE MAY COPY RM SERVICES 001-2080-514.41-50 855.00 Ol YMPIC STATIONERS INC 11 X 17 COPY PAPER 001-2080-514.31-01 289.21 MAY COPIER LEASE 001-2080-514.45-31 268.55 May Copier Lease 001-2080-514.45-31 -268.55 Finance Department Reprographics Division Total: $4,132.55 Finance Department Department Total: $8,480.13 AT&T BUSINESS SERVICE 5-13 ale 017 203-4468 001 001-3010-515.42-10 2.03 DIGITAL IMAGING SOLUTIONS INC COPIES THRU 53109 001-3010-515.45-31 36.94 GEllOR INSURANCE INC NOTARY BOND FOR MOORE 001-3010-515.49-01 37.50 QUill CORPORATION TONER,FOLDERS,SUPPLlES 001-3010-515.31-01 308.18 QWEST 5-16 ale 206T359336570B 001-301 0-515.42c 10 16.69 5-23 ale 206T310164584B 001-3010-515.42-10 16.69 5-23 ale 206T302306084B 001-3010-515.42-10 12.18 Attorney Attorney Office Division Total: $430.21 ClAllAM CNTY SHERIFF'S DEPT Jail billlApril 2009 001-3012-598.51-23 46,950.41 FRIENDSHIP DIVERSION SERVICES ELECTRIC HOME MONITORING 001-3012-598.51-23 322.50 Attorney Jail Contributions Division Total: $47,272.91 AT&T BUSINESS SERVICE 5-13 ale 017 203-4468 001 001-3021-515.42-10 1.36 ClAllAM CNTY DIST 1 COURT MAY COURT COSTS 001-3021-515.50-90 7,797.57 ClAlLAM PUBLIC DEFENDER Public Defender Fees 001-3021-515.41-50 3,416.16 . DIGITAL IMAGING SOLUTIONS INC COPIES THRU 53109 001-3021-515.45-31 36.93 GEllOR INSURANCE INC NOTARY BOND FOR MOORE 001-3021-515.49-01 37.50 L - 12 Page 2 Date: 6/10/2009 City of Port Angeles City Council Expenditure Report . From: 5/23/2009 To: 6/5/2009 Vendor Description Account Number Invoice Amount Police Department Police Administration Division Total: $524.33 ADVANCED TRAVEL Investigation Trg-Speneer 001-5021-521.43-10 614.50 Tracking Op Trng-Viada 001-5021-521.43-10 897.55 AT&T BUSINESS SERVICE 5-13 ale 017 203-4468 001 001-5021-521.42-10 .. 3.39 BLUMENTHAL UNIFORMS & EQUIP CLOTHING & APPAREL 001-5021-521.20-80 131.11 QWEST 5-16 ale 206T359336570B 001-5021-521.42-10 27.82 5-23 ale 206T310164584B 001-5021-521.42-10 27.82 5-23 ale 206T302306084B 001-5021-521.42-10 20.31 SWAIN'S GENERAL STORE INC CLEANING COMPOSITION/SOLV 001-5021-521.31-01 10.40 Police Department Investigation Division Total: $1,732.90 ADVANCED TRAVEL Interrogation Trng-Morse 001-5022-521.43-10 473.04 DV Conf-Roggenbuek 001-5022-521.43-10 619.53 AT&T BUSINESS SERVICE 5-13 ale 017 203-4468 001 001-5022-521.42-10 9.49 BLUMENTHAL UNIFORMS & EQUIP POLICE EQUIPMENT & SUPPLY 001-5022-521.31-11 81.25 PACIFIC OFFICE EQUIPMENT INC OFFICE SUPPLIES, GENERAL 001-5022-521.31-01 788.02 OFFICE SUPPLIES, GENERAL 001-5022-521.31-01 536.21 PORT ANGELES POLICE DEPARTMENT FlarelPatrol Car 001-5022-521.35-01 14.70 Postage 001-5022-521.42-10 6.15 Postage 001-5022-521.42-10 31.80 . Postage 001-5022-521.42-10 18.75 QWEST 5-16 ale 206T359336570B 001-5022-521.42-10 77.91 5-23 ale 206T310164584B 001-5022-521.42-10 77.91 5-23 ale 206T302306084B 001-5022-521.42-10 56.86 REID & ASSOCIATES INC, JOHN E INTERVIEW TECH HEUETI MOR 001-5022-521.43-10 1,210.00 Police Department Patrol Division Total: $4,001.62 PORT ANGELES POLICE DEPARTMENT Postage 001-5026-521.42-10 9.19 AARP Driver's Course 001-5026-521 .43-10 19.95 AARP Driver Safety Course 001-5026-521 .43-10 24.00 Police Department Reserves & Volunteers Division Total: $53.14 ADVANCED TRAVEL NWS Conf-Jaeobi 001-5029-521.43-10 374.38 AT&T BUSINESS SERVICE 5-13 ale 017 203-4468 001 001-5029-521.42-10 3.39 COPY CAT GRAPHICS CLOTHING & APPAREL 001-5029-521.31-11 587.18 GREAT AMERICA LEASING CORP OFFICE MACHINES & ACCESS 001-5029-521 .45-31 141.33 OFFICE MACHINES & ACCESS 001-5029-521.45-31 255.05 LeadsOnline CONTRACT 070109-063010 001-5029-521 .41-50 2,148.00 PACIFIC OFFICE EQUIPMENT INC OFFICE SUPPLIES, GENERAL 001-5029-521.31-01 10.73 PORT ANGELES POLICE DEPARTMENT Postage 001-5029-521.42-10 2.36 QWEST 5-16 ale 206T359336570B 001-5029-521.42-10 27.82 5-23 ale 206T310164584B 001-5029-521.42-10 27.82 5-23 ale 206T302306084B 001-5029-521.42-10 20.31 . Police Department Records Division Total: $3,598.37 Police Department Department Total: $9,910.36 L - 14 Page 4 Date: 6/10/2009 City of Port Angeles City Council Expenditure Report . From: 5/23/2009 To: 6/5/2009 Vendor Description Account Number Invoice Amount QUILL CORPORATION PAPER (OFFICE,PRINT SHOP) 001-6040-522.31-01 77.83 QWEST 5-16 ale 206T359336570B 001-6040-522.42-10 5.56 5-23 ale 206T310164584B 001-6040-522.42-10 5.56 5-23 ale 206T302306084B 001-6040-522.42-10 4.06 VERIZON WIRELESS 5-10 ale 571099962-00001 001-6040-522.42-10 34.29 Fire Department Fire Training Division Total: $271.95 COPY CAT GRAPHICS VINYL GRAPHICS 001-6050-522.31-20 108.40 PORT ANGELES FIRE DEPARTMENT SWITCH 001-6050-522.31-20 5.37 SUPPLIES 001-6050-522.31-20 48.66 Fire Department Facilities Maintenance Division Total: $162.43 AT&T BUSINESS SERVICE 5-13 ale 017 203-4468 001 001-6060-525.42-10 3.05 QWEST 5-16 ale 206T359336570B 001-6060-525.42-10 25.04 5-23 ale 206T310164584B 001-6060-525.42-10 25.04 5-23 ale 206T302306084B 001-6060-525.42-10 18.28 Fire Department Emergency Management Division Total: $71.41 Fire Department Department Total: $2,431.87 AT&T BUSINESS SERVICE 5-13 ale 017203-4468001 001-7010-532.42-10 10.51 AWC-ASSN OF WASHINGTON CITIES RISK MGMT TRAINING 001-7010-532.43-10 285.00 COMPLETE LINE, THE SANITIZER 001-7010-532.31-01 37.42 . POST-IT NOTES/BINDER CLIP 001-7010-532.31-01 97.10 DIGITAL IMAGING SOLUTIONS INC COPIES THRU 53109 001-7010-532.45-31 655.30 GREAT AMERICA LEASING CORP MAY COPIER LEASE 001-7010-532.45-31 760.16 OLYMPIC STATIONERS INC 11 X 17 COPY PAPER 001-7010-532.31-01 72.30 QWEST 5-16 ale 206T359336570B 001-7010-532.42-10 86.26 5-23 ale 206T310164584B 001-7010-532.42-10 86.26 5-23 ale 206T302306084B 001-7010-532.42-10 62.95 WESTON SOLUTIONS, INC SUPPLIES 001-7010-532.41-50 4,715.00 WFOA-WA FINANCE OFFCRS ASSN REGISTRATION 001-7010-532.43-10 125.00 Public Works-Gen Fnd Pub Wks Administration Division Total: $6,993.26 Public Works-Gen Fnd Department Total: $6,993.26 ASM SIGNS MISCELLANEOUS SERVICES 001-8010-574.41-50 569.10 AT&T BUSINESS SERVICE 5-13 ale 017 203-4468 001 001-8010-574.42-10 1.02 GREAT AMERICA LEASING CORP OFFICE MACHINES & ACCESS 001-8010-574.45-31 36.55 QWEST 5-16 ale 206T359336570B 001-8010-574.42-10 8.35 5-23 ale 206T310164584B 001-8010-574.42-10 8.35 5-23 ale 206T302306084B 001-8010-574.42-10 6.09 Parks & Recreation Parks Administration Division Total: $629.46 AT&T BUSINESS SERVICE 5-13 ale 017203-4468001 001-8012-555.42-10 1.02 DIGITAL IMAGING SOLUTIONS INC COPIES THRU 53109 001-8012-555.45-31 47.34 GREAT AMERICA LEASING CORP OFFICE MACHINES & ACCESS 001-8012-555.45-31 33.77 . National Pen Company MEMBERSHIP ADVERTISING 001-8012-555.44-10 318.54 QWEST 5-16 ale 206T359336570B 001-8012-555.42-10 8.35 L - 16 Page 6 Date: 6/10/2009 City of Port Angeles City Council Expenditure Report From: 5/23/2009 To: 6/5/2009 . Vendor Description Account Number Invoice Amount QWEST 5-20 ale 206T2172274658 001-8012-555.42-10 57.46 5-23 ale 20613101645848 001-8012-555.42-10 8.35 5-23 ale 206T3023060848 001-8012-555.42-10 6.09 Parks & Recreation Senior Center Division Total: $480.92 AT&T BUSINESS SERVICE 5-13 ale 017 203-4468 001 001-8020-576.42-10 1.36 QWEST 5-16 ale 206T3593365708 001-8020-576.42-10 11.13 5-23 ale 206T3101645848 001-8020-576.42-10 11.13 5-23 ale 206T3023060848 001-8020-576.42-10 8.12 Parks & Recreation William Shore Pool Division Total: $31.74 AT&T BUSINESS SERVICE 5-13 ale 017 203-4468 001 001-8050-536.42-10 0.68 AUTOMATIC WILBERT VAULT CO INC CEMETERY SUPPLIES 001-8050-536.34-01 941.31 MISCELLANEOUS SERVICES 001-8050-536.34-01 412.69 HARTNAGEL BUILDING SUPPLY INC LUM8ER& RELATED PRODUCTS 001-8050-536.31-20 22.42 MATTHEWS INTERNATIONAL CEMETERY MARKERS 001-8050-536.34-01 185.82 Tamara Williamson OVC NICHE SOLD 8ACK TO CI 001-8050-343.60-12 221.00 PACIFIC OFFICE EQUIPMENT INC OFFICE MACHINES & ACCESS 001-8050-536.31-01 112.74 COMMUNICATIONSIMEDIA SERV 001-8050-536.42-10 75.77 PENINSULA DAILY NEWS COMMUNICATIONSIMEDIA SERV 001-8050-536.44-10 260.00 QWEST 5-16 ale 206T3593365708 001-8050-536.42-10 5.56 5-23 ale 206T3101645848 001-8050-536.42-10 5.56 . 5-23 ale 206T3023060848 001-8050-536.42-10 4.06 Parks & Recreation Ocean View Cemetery Division Total: $2,247.61 AT&T BUSINESS SERVICE 5-13 ale 017 203-4468 001 001-8080-576.42-10 3.39 FASTENAL INDUSTRIAL FASTENERS, FASTENING DEVS 001-8080-576.31-20 7.40 FASTENERS, FASTENING DEVS 001-8080-576.31-20 14.86 QWEST 5-16 ale 206T3593365708 001-8080-576.42-10 27.82 5-23 ale 20613101645848 001-8080-576.42-1 0 27.82 5-23 ale 206T3023060848 001-8080-576.42 -1 0 20.31 SKAGIT GARDENS INC NURSERY STOCK & SUPPLIES 001-8080-576.31-40 10,260.16 SUNSET DO-IT BEST HARDWARE MATERIAL HNDLlNG&STOR EQP 001-8080-576.31-20 36.28 HAND TOOLS ,POW&NON POWER001-8080-576.31-20 15.39 SWAIN'S GENERAL STORE INC HAND TOOLS ,POW&NON POWER001-8080-576.31-20 17.71 CLOTHING & APPAREL 001-8080-576.31-20 49.30 CLOTHING & APPAREL 001-8080-576.31-20 9.33 TRAFFIC SAFETY SUPPLY CO MARKERS, PLAQUES,SIGNS 001-8080-576.31-20 373.51 WA STATE PATROL 8aekground Checks 001-8080-576.49-90 10.00 Parks & Recreation Park Facilities Division Total: $10,873.28 Parks & Recreation Department Total: $14,263.01 AM SAN OLYMPIC SUPPLY JANITORIAL SUPPLIES 001-8130-518.31-01 412.51 AT&T BUSINESS SERVICE 5-13 ale 017 203-4468 001 001-8130-518.42-10 0.34 QWEST 5-16 ale 206T3593365708 001-8130-518.42-10 2.78 . 5-23 ale 206T3101645848 001-8130-518.42-10 2.78 L - 17 Page 7 Date: 6/10/2009 City of Port Angeles City Council Expenditure Report . From: 5/23/2009 To: 6/5/2009 Vendor Description Account Number Invoice Amount QWEST 5-23 ale 206T302306084B 001-8130-518.42-10 2.03 Facilities Maintanance Custodial/Janitorial Svcs Division Total: $420.44 ANGELES LOCK SHOP HARDWARE,AND ALLIED ITEMS 001-8131-518.31 ~20 17.89 AT&T BUSINESS SERVICE 5-13 ale 017 203-4468 001 001-8131-518.42-10 0.34 JOHNSON CONTROLS ELECTRICAL EQUIP & SUPPLY 001-8131-518.31-20 196.47 QWEST 5-16 ale 206T359336570B 001-8131-518.42-10 2.78 5-23 ale 206T310164584B 001-8131-518.42-10 2.78 5-23 ale 206T302306084B 001-8131-518.42-10 2.03 Facilities Maintanance Central Svcs Facilities Division Total: $222.29 Facilities Maintanance Department Total: $642.73 General Fund Fund Total: $110,337.61 JACKSON'S SIGNS FINAL PMT GATEWAY PROJECT 101-1430-594.65-10 2,235.00 PORT ANGELES CHAMBER OF COMM 09 MKTG & MEDIA CAMPAIGN 101-1430-557.50-83 9,429.87 Lodging Excise Tax Lodging Excise Tax Division Total: $11,664.87 Lodging Excise Tax Department Total: $11,664.87 Lodging Excise Tax Fund Fund Total: $11,664.87 ALPINE PRODUCTS, INC PAINTS,COA TINGS,WALLPAPER 102-7230-542.31-25 498.87 ANGELES MILLWORK & LUMBER CO FASTENERS, FASTENING DEVS 102-7230-542.31-20 17.95 . LUMBER& RELATED PRODUCTS 102-7230-542.31-20 13.42 HAND TOOLS ,POW&NON POWER 102-7230-542.31-20 9.75 SUPPLIES 102-7230-542.31-20 15.96 SUPPLIES 102-7230-542.31-20 15.96 PAINTS,COA TINGS,WALLPAPER 102-7230-542.31-20 18.50 BRUSHES (NOT CLASSIFIED) 102-7230-542.31-20 8.89 AT&T BUSINESS SERVICE 5-13 ale 017 203-4468 001 102-7230-542.42-10 1.70 HARTNAGEL BUILDING SUPPLY INC LUMBER& RELATED PRODUCTS 102-7230-542.31-20 55.20 MORNINGS IDE BUILDING MAINT&REPAIR SER 102-7230-542.41-50 84.81 OLYMPIC LAUNDRY & DRY CLEANERS RAGS,SHOP TOWELS,WIPING 102-7230-542.31-01 15.18 PORT ANGELES POWER EQUIPMENT FUEL,OIL,GREASE, & LUBES 102-7230-542.31-01 6.48 QWEST 5-16 ale 206T359336570B 102-7230-542.42-10 13.91 5-23 ale 206T310164584B 102-7230-542.42-10 13.91 5-23 ale 206T302306084B 102-7230-542.42-10 10.15 SUNSET DO-IT BEST HARDWARE SUPPLIES 102-7230-542.31-20 3.08 HARDWARE,AND ALLIED ITEMS 102-7230-542.35-01 10.72 JANITORIAL SUPPLIES 102-7230-542.35-01 41.93 SWAIN'S .GENERAL STORE INC SUPPLIES 102-7230-542.35-01 11.78 UNITED RENTALS NORTHWEST INC SUPPLIES 102-7230-542.31-20 319.72 Public Works-Street Street Division Total: $1,187.87 Public Works-Street Department Total: $1,187.87 . Street Fund Fund Total: $1,187.87 AT&T BUSINESS SERVICE 5..13 ale 017 203-4468 001 103-1511-558.42-10 0.17 CASCADIA LAW GROUP CONSULTING SERVICES 103-1511-558.41-50 2,316.38 L - 18 Page 8 Date: 6/10/2009 City of Port Angeles City Council Expenditure Report From: 5/23/2009 To: 6/5/2009 . Vendor Description Account Number Invoice Amount CASCADIA LAW GROUP CONSULTING SERVICES 103-1511-558.41-50 66.38 QWEST 5-16 ale 206T359336570B 103-1511-558.42-10 1.39 5-23 ale 206T310164584B 103-1511-558.42-10 1.39 5-23 ale 206T302306084B 103-1511-558.42-10 1.02 Economic Development Economic Development Division Total: $2,386.73 Economic Development Department Total: $2,386.73 Economic Development Fund Total: $2,386.73 AT&T BUSINESS SERVICE 5-13 ale 017 203-4468 001 106-1512-558.42-10 0.34 QWEST 5-16 ale 206T359336570B 106-1512-558.42-10 2.78 5-23 ale 206T310164584B 106-1512-558.42-10 2.78 5-23 ale 206T302306084B 106-1512-558.42-10 2.03 VERIZON WIRELESS 5-15 ale 264230412-00003 106-1512-558.42-10 40.21 Economic Development Archaeologist Division Total: $48.14 Economic Development Department Total: $48.14 Cultural Resources Fund Total: $48.14 AHRENS, KENNETH E Rental Fees 107 -5160-528.45-30 700.00 AT&T BUSINESS SERVICE 5-13 ale 017 203-4468 001 107 -5160-528.42-10 9.15 CAPACITY PROVISIONING INC FIBER FOR OFF SITE PENCOM 107 -5160-528.42-10 233.20 CAPTAIN T'S 5 UNIFORM SHIRTS - BRIAN 107 -5160-528.20-80 152.19 . 4 UNIFORM SHIRTS - MOORE- 107 -5160-528.20-80 175.52 CLlNICARE OF PORT ANGELES INC PRE-EMPOLOYMENT TESTING M 107-5160-528.41-50 147.00 GLOBALST AR USA 5-16 ale 1.50018859 107 -5160-528.42-10 41.59 Mary Wilgocki M WILGOCKI\RETURN TO WORK 107 -5160-528.43-10 52.40 NEW WORLD SYSTEMS TRVL EXP MSP SOFTWARE UPG 107 -5160-594.65-10 658.83 SALES TAX - NWS UPGRADE 107 -5160-594.65-10 3,360.00 PENINSULA DAILY NEWS NEWSPAPER AD FOR COMMUNIC 107-5160-528.44-10 64.4 7 QWEST 5-16 ale 206T359336570B 107 -5160-528.42-10 75.13 5-23 ale 206T 411918873B 107 -5160-528.42-10 57.46 5-23 ale 206T310164584B 107 -5160-528.42-10 75.13 5-23 ale 206T302306084B 107 -5160-528.42-10 54.83 DATA PROC SERV &SOFTWARE 107-5160-528.42-11 17,079.50 Pen com Pen com Division Total: $22,936.40 Pen com Department Total: $22,936.40 Pen com Fund Fund Total: $22,936.40 AT&T BUSINESS SERVICE 5-13 ale 017 203-4468 001 174-8221-574.42-10 0.34 GREAT AMERICA LEASING CORP OFFICE MACHINES & ACCESS 174-8221-574.45-31 64.73 HANSEN'S TROPHY DODGEBALL PLAQUES 174-8221-574.31-01 59.62 QWEST 5-16 ale 206T359336570B 174-8221-574.42-10 2.78 5-23 ale 206T310164584B 174-8221-574.42-10 2.78 5-23 ale 206T302306084B 17 4-8221-57 4.42-10 2.03 . SWAIN'S GENERAL STORE INC SPORTING & ATHLETIC EQUIP 174-8221-574.31-01 325.46 Recreation Activities Sports Programs Division Total: $457.74 L - 19 Page 9 Date: 6/10/2009 City of Port Angeles City Council Expenditure Report From: 5/23/2009 To: 6/5/2009 . Vendor Description Account Number Invoice Amount QWEST 5-16 ale 206T359336570B 401-7111-533.42-10 8.35 5-23 ale 206T310164584B 401-7111-533.42-10 8.35 5-23 ale 206T302306084B 401-7111-533.42-10 6.09 Public Works-Electric Engineering-Electric Division Total: $23.81 AT&T BUSINESS SERVICE 5-13 ale 017203-4468001 401-7120-533.42-10 1.02 EES CONSULTING INC WPAG 2009 401-7120-533.49-01 1,356.50 MARSH MUNDORF PRATT SULLIVAN WPAG 2009 401-7120-533.49-01 816.49 QWEST 5-16 ale 206T359336570B 401-7120-533.42-10 8.35 5-23 ale 206T310164584B 401-7120-533.42-10 8.35 5-23 ale 206T302306084B 401-7120-533.42-10 6.09 Public Works-Electric Power Systems Division Total: $2,196.80 ADVANCED TRAVEL W Power Conf-Eisele 401-7180-533.43-10 556.31 AT&T BUSINESS SERVICE 5-13 ale 017203-4468001 401-7180-533.42-10 8.14 CED/CONSOLlDATED ELEC DIST INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 611.38 CERTIFIED HEARING INC ARCHITECTURAL&ENGINEERING 401-7180-533.41-50 25.00 CLALLAM CNTY AUDITOR FILING FEE 401-7180-533.49-90 67.00 DIGITAL IMAGING SOLUTIONS INC COPIES THRU 53109 401-7180-533.45-31 16.72 GREAT AMERICA LEASING CORP RENTAL OR LEASE SERVICES 401-7180-533.45-31 42.43 HARTNAGEL BUILDING SUPPLY INC OFFICE SUPPLIES, GENERAL 401-7180-533.31-20 16.92 Bobby Williams EMPLOYEE EXPENSE REIMBURS 401-7180-533.34-02 57.90 . MORNINGSIDE BUILDING MAINT&REPAIR SER 401-7180-533.41-50 254.42 NORTH COAST ELECTRIC COMPANY JANITORIAL SUPPLIES 401-7180-533.31-01 26.02 ELECTRONIC COMPONENTS 401-7180-533.34-02 -463.87 JANITORIAL SUPPLIES 401-7180-533.34-02 364.22 ELECTRICAL CABLES & WIRES 401-7180-533.34-02 283.88 OLYMPIC LAUNDRY & DRY CLEANERS LAUNDRY/DRY CLEANING SERV 401-7180-533.41-50 63.88 LAUNDRYIDRY CLEANING SERV 401-7180-533.41-50 63.88 OLYMPIC STATIONERS INC COMPUTER ACCESSORIES&SUPF401-7180-533.31-01 10.24 PARSINEN LANDSCAPE MAINT INC May Landscape Maintenance 401-7180-533.41-50 2,710.00 PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP & SUPPL Y 401-7180-533.34-02 608.11 PORT ANGELES CITY LIGHT Hardware-Eisele 401-7180-533.31-01 9.02 . Paper-Trainor 401-7180-533.31-01 6.58 Airport Pkg-Hainstoek 401-7180-533.43-10 8.00 Gas-Hainstoek 401-7180-533.43-10 12.02 Ferry Ticket-Williams 401-7180-533.43-10 6.70 Gas-Klarr 401-7180-533.43-10 23.59 PORT ANGELES POWER EQUIPMENT EQUIP MAINT & REPAIR SERV 401-7180-533.35-01 21.63 PORT OF PORT ANGELES Lease Fees 401-7180-533.45-30 4,100.00 PUD #1 OF CLALLAM COUNTY LUMBER& RELATED PRODUCTS 401-7180-533.34-02 196.46 MISC PROFESSIONAL SERVICE 401-7180-533.41-50 14.92 QUILL CORPORATION SUPPLIES 401-7180-533.31-01 248.53 . QWEST 5-16 ale 206T326157000B 401-7180-533.42-10 54.54 L - 21 Page 11 Date: 6/10/2009 City of Port Angeles City Council Expenditure Report . From: 5/23/2009 To: 6/5/2009 Vendor Description Account Number Invoice Amount QWEST 5-16 ale 206T323881998B 401-7180-533.42-10 54.54 5-16 ale 206T323879996B 401-7180-533.42-10 54.54 5-16 ale 206T322760994B 401-7180-533.42-10 54.54 5-16 ale 206T359336570B 401-7180-533.42-10 66.78 5-23 ale 206T310164584B 401-7180-533.42-10 66.78 5-23 ale 206T302306084B 401-7180-533.42-10 , 48.74 SWAIN'S GENERAL STORE INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 260.02 THURMAN SUPPLY ELECTRICAL EQUIP & SUPPL Y 401-7180-533.34-02 27.18 TRAINING NETWORK, THE COMMUNICATIONS/MEDIA SERV 401-7180-533.43-10 227.54 WA STATE PATROL Background Checks 401-7180-533.49-90 10.00 WAGNER-SMITH EQUIPMENT CO ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 47.95 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 72.56 ZEE MEDICAL SERVICE CO FIRST AID & SAFETY EQUIP. 401-7180-533.31-01 41.28 Public Works-Electric Electric Operations Division Total: $11,057.02 Public Works-Electric Department Total: $13,277.63 Electric Utility Fund Fund Total: $14,945.94 AT&T BUSINESS SERVICE 5-13 ale 017 203-4468 001 402-7380-534.42-10 2.03 BANK OF NEW YORK PORANGWAT03 402-7380-534.41-50 203.35 . FEDERAL EXPRESS CORP Shipping ehgs pe 5-22 402-7380-534.42-10 17.47 OLYMPIC LAUNDRY & DRY CLEANERS RAGS,SHOP TOWELS,WIPING 402-7380-534.31-20 45.53 PUD #1 OF CLALLAM COUNTY Crown Z Water Rd 402-7380-534.4 7 -10 18.60 QWEST 5-16 ale 206T359336570B 402-7380-534.42-10 16.69 5-23 ale 206T 411255315B 402-7380-534.42-10 64.59 5-23 ale 206T310164584B 402-7380-534.42-10 16.69 5-23 ale 206T302306084B 402-7380-534.42-10 12.18 SEARS COMMERCIAL ONE PLASTICS 402-7380-534.35-01 521.37 SUNSET DO-IT BEST HARDWARE HARDWARE,AND ALLIED ITEMS 402-7380-534.31-20 63.25 HARDWARE,AND ALLIED ITEMS 402-7380-534.31-20 48.39 THURMAN SUPPLY HAND TOOLS ,POW&NON POWER402-7380-534.31-20 28.46 Public Works-Water Water Division Total: $1,058.60 Public Works-Water Department Total: $1,058.60 Water Fund Fund Total: $1,058.60 AMSAN OLYMPIC SUPPLY PAPER & PLASTIC-DISPOSABL 403-7480-535.31-01 173.97 JANITORIAL SUPPLIES 403-7480-535.31-01 46.51 AT&T BUSINESS SERVICE 5-13 ale 017203-4468001 403-7480-535.42-10 2.71 BANK OF NEW YORK PORANGWAT03 403-7480-535.41-50 100.15 BAXTER AUTO PARTS #15 SUPPLIES 403-7480-535.31-01 16.66 DIGITAL IMAGING SOLUTIONS INC COPIES THRU 53109 403-7480-535.31-01 55.08 EDGE ANALYTICAL TESTING&CALlBRATION SERVI 403-7480-535.41-50 3,485.94 . FEDERAL EXPRESS CORP Shipping ehgs pe 5-22 403-7480-535.42-10 102.27 GRAINGER SUPPLIES 403-7480-535.31-20 728.38 HACH COMPANY MISC PROFESSIONAL SERVICE 403-7480-535.35-01 978.91 L - 22 Page 12 Date: 6/10/2009 City of Port Angeles City Council Expenditure Report From: 5/23/2009 To: 6/5/2009 . Vendor Description Account Number Invoice Amount Fire Department Medic I Division Total: $5,339.84 Fire Department Department Total: $5,339.84 Medic I Utility Fund Total: $6,458.70 ALL WEATHER HEATING & COOLING CITY REBATE 421-7121-533.49-86 2,000.00 CLALLAM TITLE CO LOAN RESEARCH FEE 421-7121-533.41-50 1,219.50 EES CONSULTING INC CONSERVATION STUDY 421-7121-533.41-50 3,615.00 EVERWARM HEARTH & HOME INC CITY REBATE 421-7121-533.49-86 914.40 CITY REBATE 421-7121-533.49-86 780.00 GLASS SERVICES CO INC CITY REBATE 421-7121-533.49-86 630.00 MATHEWS GLASS CO INC CITY REBATE 421-7121-533.49-86 1,623.60 CITY REBATE 421-7121-533.49-86 873.00 Amanda Ahlgrim CITY REBATE 421-7121-533.49-86 50.00 Amanda Saiz CITY REBM TE 421-7121-533.49-86 100.00 Anna A Rixon CITY REBATE 421-7121-533.49-86 25.00 Beatrice Helpenstell CITY REBATE 421-7121-533.49-86 25.00 C.L. Kepplinger CITY REBATE 421-7121-533.49-86 25.00 Cindy Crumb CITY REBATE 421-7121-533.49-86 50.00 Damon Harrell CITY REBATE 421-7121-533.49-86 100.00 Dan Erickson CITY REBATE 421-7121-533.49-86 .100.00 . Dan Triacca CITY REBATE 421-7121-533.49-86 25.00 Ethel King CITY REBATE 421-7121-533.49-86 25.00 Fu Fung CITY REBATE 421-712"1-533.49-86 50.00 GRACE OPDYKE CITY REBATE 421-7121-533.49-86 25.00 George Opdyke CITY REBATE 421-7121-533.49-86 25.00 CITY REBATE 421-7121-533.49-86 -25.00 George Zink CITY REBATE 421-7121-533.49-86 100.00 Jaime L Bautista CITY REBATE 421-7121-533.49-86 50.00 Jeff Bamer CITY REBATE 421-7121-533.49-86 50.00 Jennifer Hathaway CITY REBATE 421-7121-533.49-86 100.00 CITY REBATE 421-7121-533.49-86 100.00 CITY REBATE 421-7121-533.49-86 100.00 CITY REBATE 421-7121-533.49-86 100.00 Jerry Benoff CITY REBATE 421-7121-533.49-86 200.00 Jessica Peterson CITY REBATE 421-7121-533.49-86 100.00 Justina Henderson CITY REBATE 421-7121-533.49-86 50.00 Keith Wilson CITY REBATE 421-7121-533.49-86 25.00 Ken Tobias CITY REBATE 421-7121-533.49-86 180.00 Kim Skannes CITY REBATE 421-7121-533.49-86 50.00 Kristy Massingham CITY REBATE 421-7121-533.49-86 50.00 Larry Brisbin CITY REBATE 421-7121-533.49-86 50.00 . Linda Nutter CITY REBATE 421-7121-533.49-86 100.00 Lynn Dee Watkins CITY REBATE 421-7121-533.49-86 50.00 L - 25 Page 15 Date: 6/10/2009 City of Port Angeles City Council Expenditure Report . From: 5/23/2009 To: 6/5/2009 Vendor Description Account Number Invoice Amount Michael Anderson CITY REBATE 421-7121-533.49-86 100.00 CITY REBATE 421-7121-533.49-86 100.00 Nina Fryer CITY REBATE 421-7121-533.49-86 100.00 Patricia Wheatley CITY REBATE 421-7121-533.49-86 25.00 Renee Colwill CITY REBATE 421-7121-533.49-86 25.00 Richard Grimsley CITY REBATE 421-7121-533.49-86 100.00 Robert Criss CITY REBATE 421-7121-533.49-86 25.00 Robin Caldwell CITY REBATE 421-7121-533.49-86 100.00 Ron Wintertield CITY REBATE 421-7121-533.49-86 25.00 Ronda Ward CITY REBATE 421-7121-533.49-86 25.00 Sheila Kettel CITY REBATE 421-7121-533.49-86 25.00 Shirley Coker CITY REBATE 421-7121-533.49-86 50.00 Stan Grall CITY REBATE 421-7121-533.49-86 100.00 Susan Hutchinson CITY REBATE 421-7121-533.49-86 50.00 Susan S Hahn CITY REBATE 421-7121-533.49-86 25.00 Thelma Stockert CITY REBATE 421-7121-533.49-86 25.00 Tyanna Gadbaw CITY REBATE 421-7121-533.49-86 100.00 Tyson Henry CITY REBATE 421-7121-533.49-86 50.00 . Valerie Tiderman CITY REBATE 421-7121-533.49-86 125.00 Kim Rondeau CITY REBATE 421-7121-533.49-86 50.00 PENINSULA HEAT INC CITY REBATE 421-7121-533.49-86 915.00 Public Works-Electric Conservation Division Total: $15,850.50 Public Works-Electric Department Total: $15,850.50 Conservation Fund Total: $15,850.50 BROWN AND CALDWEll CSO PLAN UPDATE 453-7488-594.41-50 17,449.09 CASCADIA lAW GROUP CSOISSUES 453-7488-594.41-50 . 1,662.75 RJM CO PIPE DETECTION EQUIP 453-7488-594.65-10 6,234.94 Public Works-WW/Stormwtr Wastewater Projects Division Total: . $25,346.78 Public Works-WW/Stormwtr Department Total: $25,346.78 WasteWater Utility CIP Fund Total: $25,346.78 BAXTER AUTO PARTS #15 AUTO & TRUCK MAl NT. ITEMS 501-0000-141.40-00 21.89 BIG SKY RACKS, INC POLICE EQUIPMENT & SUPPLY 501-0000-237.00-00 -30.91 FAR-WEST MACHINE & HYDRAULICS AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 193.85 AUTO & TRUCK MAINT. ITEMS 501-0000-141 .40-00 242.70 MCMASTER-CARR SUPPLY CO MISCELLANEOUS PRODUCTS 501-0000-237.00-00 -3.02 NAPA AUTO PARTS AUTO & TRUCK MAl NT. ITEMS 501-0000-141.40-00 25.41 AUTO & TRUCK MAl NT. ITEMS 501-0000-141 .40-00 15.23 AUTO & TRUCK MAl NT. ITEMS 501-0000-141 .40-00 46.03 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 52.87 . AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 42.28 AUTO & TRUCK ACCESSORIES 501-0000-141 .40-00 82.19 PETTIT Oil COMPANY FUEL,OIL,GREASE, & LUBES 501-0000-141 .20-00 557.55 L - 26 Page 16 Date: 6/10/2009 City of Port Angeles City Council Expenditure Report From: 5/23/2009 To: 6/5/2009 . Vendor Description Account Number Invoice Amount PETTIT OIL COMPANY FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 5,501.55 FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 5,689.02 PORT ANGELES TIRE FACTORY AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 150.23 WASHINGTON FIRE & SAFETY EQUIP AUTO & TRUCK ACCESSORIES 501-0000-141.40-00 251.49 <- Division Total: $12,838.36 Department Total: $12,838.36 ADVANCED DOOR SYSTEMS BUILDING MAINT&REPAIR SER 501-7630-548.48-10 243.90 ARAMARK LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 40.81 AT&T BUSINESS SERVICE 5-13 a/e 017203-4468001 501-7630-548.42-10 2.37 BAXTER AUTO PARTS #15 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 23.58 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 22.84 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 7.57 BIG SKY RACKS, INC POLICE EQUIPMENT & SUPPLY 501-7630-548.34-02 398.81 CHEVRON USA GASOLINE PURCHASE 501-7630-548.32-10 19.82 CSK AUTO INC (SCHUCK'S) AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 137.75 AUTO & TRUCK MAINT."ITEMS 501-7630-548.34-02 131.08 EVERGREEN COLLISION CENTER EQUIP. MAINT. AUTO,TRUCK 501-7630-548.48-10 2,300.14 GREENTREE COMMUNICATIONS CO RADIO & TELECOMMUNICATION 501-7630-594.64-10 622.22 HEARTLlNE AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 99.67 . JENNINGS EQUIPMENT INC LAWN MAINTENANCE EQUIP 501-7630-548.34-02 158.22 LINCOLN INDUSTRIAL CORP AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 64.84 MCMASTER-CARR SUPPLY CO MISCELLANEOUS PRODUCTS 501-7630-548.31-01 38.88 MORNINGSIDE BUILDING MAINT&REPAIR SER 501-7630-548.41-50 117.43 NAPA AUTO PARTS AUTO & TRUCK ACCESSORIES 501-7630-548.34-02 134.42 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 248.30 AUTO & TRUCK ACCESSORIES 501-7630-548.34-02 5.73 AUTO & TRUCK ACCESSORIES 501-7630-548.34-02 50.25 AUTO & TRUCK ACCESSORIES 501-7630-548.34-02 1.60 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 603.31 AUTO & TRUCK ACCESSORIES 501-7630-548.34-02 -124.36 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 9.39 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 7.51 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 8.81 PORT ANGELES POWER EQUIPMENT AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 160.43 PORT ANGELES TIRE FACTORY AUTO & TRUCK MAINT. ITEMS 501-7630-548.48-10 481.30 EXTERNAL LABOR SERVICES 501-7630-548.48-10 16.21 EXTERNAL LABOR SERVICES 501-7630-548.48-10 73.50 EXTERNAL LABOR SERVICES 501-7630-548.48-10 47.54 EXTERNAL LABOR SERVICES 501-7630-548.48-10 8.67 EXTERNAL LABOR SERVICES 501-7630-594.64-10 1,586.42 . AUTO & TRUCK MAINT. ITEMS 501-7630-594.64-10 352.16 QWEST 5-16 a/e 206T359336570B 501-7630-548.42-10 19.48 L - 27 Page 17 Date: 6/10/2009 City of Port Angeles City Council Expenditure Report From: 5/23/2009 To: 6/5/2009 . Vendor Description Account Number Invoice Amount LOUCKS, JASPER Reimb Medicare-May 503-1631-517.46-35 192.80 MIESEL JR, PHILIP C Reimb Medicare-May 503-1631-517.46-35 92.40 MEDICAL REIMBURSEMENT 503-1631-517.46-30 106.18 NW ADMIN TRANSFER ACCT SWORNINON PREMIUMS 503-1631-517.46-33 56,409.23 RETIREE PREMIUMS 503-1631-517.46-34 11,193.35 Disability Board-May 503-1631-517.46-35 426.33 THOMPSON, BRUCE Reimb Medicare-May 503-1631-517.46-35 96.40 Disability Board-May 503-1631-517.46-35 329.83 WARD, DENNIS H Reimb Medicare-May 503-1631-517.46-35 96.40 Disability Board-May 503-1631-517.46-35 55.00 Self Insurance Other Insurance Programs Division Total: $73,588.76 DOROTHY PHILLIPS INHOUSE CLAIM SETTLEMENT 503-1671-517.49-98 92.14 SUMMIT LAW GROUP PLLC APR LEGAL FEES 503-1671-517.41-50 192.50 Self Insurance Comp Liability Division Total: $284.64 Self Insurance Department Total: $73,873.40 Self-Insurance Fund Fund Total: $73,873.40 Disability Board-May 602-6221-517.46-35 117.00 BRAUN,GARY Reimb Medicare-May 602-6221-517.46-35 96.40 Disability Board-May 602-6221-517.46-35 122.28 . CAMPBELL, MALCOLM D Reimb Medicare-May 602-6221-517.46-35 96.40 Disability Board-May 602-6221-517.46-35 2,313.99 DOYLE, JERRY L Reimb Medicare-May 602-6221-517.46-35 96.40 RYAN,ED Reimb Medicare-May 602-6221-517.46-35 96.40 Fireman's Pension Fireman's Pension Division Total: $2,938.87 Fireman's Pension Department Total: $2,938.87 Firemen's Pension Fund Total: $2,938.87 BALLET WORKSHOP BALLET WORKSHOP 650-0000-213.10-90 138.02 PA DOWNTOWN ASSN MAY DECAL SALES 650-0000-231.91-00 962.32 MAY PBIA RECEIPTS 650-0000-231.92-00 2,881.34 MAY DUPAR RECEIPTS 650-0000-231.93-00 1,586.32 Division Total: $5,568.00 Department Total: $5,568.00 Off Street Parking Fund Fund Total: $5,568.00 AT&T BUSINESS SERVICE 5-13 alc 017 203-4468 001 652-8630-575.42-10 1.02 BAILEY SIGNS & GRAPHICS Vinyl Sign 652-8630-575.31-01 97.56 GREAT AMERICA LEASING CORP OFFICE MACHINES & ACCESS 652-8630-575.45-31 16.88 OLYMPIC PRINTERS INC Wausau Covers 652-8630-575.31-01 21.46 OLYMPIC STATIONERS INC Supplies 652-8630-575.31-01 115.88 Badges 652-8630-575.31-01 4.53 Supplies 652-8630-575.31-01 -115.88 . Supplies 652-8630-575.31-01 115.88 QWEST 5-14 alc 3604573532775B 652-8630-575.42-10 46.31 L - 29 Page 19 Date: 6/10/2009 City of Port Angeles City Council Expenditure Report . From: 5/23/2009 To: 6/5/2009 Vendor Description Account Number Invoice Amount QWEST 5-16 a/c 206T359336570B 652-8630-575.42-10 8.35 5-23 a/c 206T418577331 B 652-8630-575.42-10 57.46 5-23 a/c 206T310164584B 652-8630-575.42-10 8.35 5-23 a/c 206T302306084B 652-8630-575.42-10 6.09 SEQUIM GAZETTE, THE OP Visitor's Guide 652-8630-575.44-10 184.00 SWAIN'S GENERAL STORE INC Supplies 652-8630-575.31-01 6.95 Supplies 652-8630-575.31-01 6.87 Paint Supplies 652-8630-575.31-01 22.28 Esther Webster/Fine Arts Esther Webster/Fine Arts Division Total: $603.99 Esther Webster/Fine Arts Department Total: $603.99 Esther Webster Fund Fund Total: $603.99 AFLAC SUPP INSURANCE PREMIUMS 920-0000-231.53-10 750.10 AFSCME LOCAL 1619 P/R Deductions pe 5-28 920-0000-231.54-40 92.00 P/R Deductions pe 5-28 920-0000-231.54-40 184.00 ASSOCIATION OF WASHINGTON CITIES SUPP LIFE PREMIUM 920-0000-231.53-30 600.00 BISHOP, WHITE & MARSHALL, PS P/R Deductions pe 5-28 920-0000-231.56-30 362.68 DIMARTINOIWSCFF DISABILITY P/R Deductions pe 5-28 920-0000-231.53-40 1,218.27 EMPLOYEES ASSOCIATION P/R Deductions pe 5-28 920-0000-231.55-30 428.00 . FIREFIGHTER'S LOCAL 656 P/R Deductions pe 5-28 920-0000-231.54-30 1,620.00 IBEW LOCAL 997 P/R Deductions pe 5-28 920-0000-231.54-20 867.15 LEOFF P/R Deductions 920-0000-231.51-21 24,033.50 OFFICE OF SUPPORT ENFORCEMENT P/R Deductions pe 5-17 920-0000-231.56-20 169.85 P/R Deductions pe 5-17 920-0000-231.56-20 1,231.32 PERS P/R Deductions 920-0000-231.51-10 3,960.20 P/R Deductions 920-0000-231.51-11 9,824.90 P/R Deductions 920-0000-231.51-12 47,907.06 POLICE ASSOCIATION P/R Deductions pe 5-28 920-0000-231.55-10 206.00 TEAMSTERS LOCAL 589 P/R Deductions pe 5-28 920-0000-231.54-10 3,170.00 UNITED COLLECTIONS SERVICE INC P/R Deductions pe 5-28 920-0000-231.56-30 .213.14 UNITED WAY (PAYROLL) P/R Deductions pe 5-28 920-0000-231.56-10 370.00 WSCCCE AFSCME AFL-CIO P/R Deductions pe 5-28 920-0000-231.54-40 4,222.61 Division Total: $101,430.78 Department Total: $101,430.78 Payroll Clearing Fund Total: $101,430.78 Totals for check period From: 5/23/2009 To: 6/5/2009 $548,262.10 . L - 30 Page 20 FORWGELES WAS H I N G TON, U. S. A. . CITY COUNCIL MEMO DATE: June 16, 2009 To: CITY COUNCIL FROM: William E. Bloor, City Attorney SUBJECT: Heckman Motors. Inc. - Second Amendment to Lease and Management Agreement SUMMARY: The City contracted with Heckman Motors in 2006 to manage the Niichel property. In 2008, the agreement was amended to reduce the fees for Heckman's use of Lot 2 during construction of the Gateway Project. This second amendment reinstates the full fees pursuant to the original agreement. RECOMMENDATION: . BACKGROUNDIDISCUSSION: Heckman Motors has been managing the property formerly owned by Niichel for a number of years. . The City, after it purchased the Niichel property, entered into a Lease and Management Agreement with Heckman on September 7, 2006. The Agreement was amended in January, 2008 to address impairment of Heckman's use of Parcel 2 during construction of the Gateway Project. It was anticipated that use of Parcel 2 would be impaired for the period October 22, 2007 through May 31, 2008. However, due to circumstances beyond control of either party, the impairment actually continued until January 28,2009. The Parties recognize that the impairment ended on January 28, 2009, and with the Second Amendment to Lease and Management Agreement, reinstate the full fee, pursuant to the original agreement. 6~~~ William E. Bloor City Attorney WEB:dl Attachment G:\LEGAL\MEMOS\MEMOS.2009\Collncil.Heckman 2nd AUlOud.060509. wpd . L - 31 . .' . Second Amendment to Lease and Management Agreement dated September 7, 2006 For and in consideration of the mutual benefits to be derived herefrom the parties recite, covenant, and agree as follows: 1. The parties entered into a Lease and Management Agreement dated September 7, 2006, which Agreement is incorporated herein by this reference and may hereafter be referred to as "the Agreement." 2. The parties entered into a First Amendment to the Agreement on, which Amendment is incorporated herein by this reference and may hereafter be refen'ed to as "the First Amendment. " 3. The First Amendment addressed the period from October 22, 2007, through May 31, 2008. At the time the parties executed the First Amendment, both held a good faith belief that the substantial impairment to Lot 2 would end on or before May 31, 2008. It did not. Work on the Gateway Project is not yet entirely complete. Due to circumstances beyond the control of either party, Lot 2 continued to be substantially impaired by construction of the Gateway Project through January 28, 2009. As provided in paragraph 18 of the Agreement and paragraph 4 of the First Amendment, the Parties have met and discussed mitigation to Heckman on account of the impairment caused by temporary construction. The Parties represent and aclmowledge that the terms and provisions of this Amendment accurately state and represent the agreement of the pmties as to the full, complete mitigation compensation settlement and payment due to Heckman as a result of the . partial impairment of Parcel 2. 4. Paragraph 4(a) of the Agreement and paragraph 3 of the First Amendment are hereby amended to read as follows: (a) Heckman shall pay to the City a monthly fee for the license to occupy, use, and manage Parcel 2 in the amount of Three Thousand Five Hundred Dollars ($3,500.00) per month; provided, however, while Parcel 2 is substantially impaired by temporary construction activities, the entire $3,500 monthly fee due to the City shall be abated. The City and Heckman acknowledge and agree that Parcel 2 was substantially impaired by temporary construction activities beginning October 22, 2007; and the impairment of Parcel 2 by temporary construction activities ceased and the abatement of the monthly fee shall also ceased on January 28,2009. 1 L - 32 5. Paragraph 4 of the First Amendment is amended to read as follows: Paragraph 17 of the Agreement is modified to conform to this Amendment, acknowledging that Parcel 2 was substantially impaired by temporary construction activities beginning October 22, 2007; and the impairment of Parcel 2 by temporary construction activities ceased and the abatement of the monthly fee also ceased on January 28, 2009. For the period when Parcel 2 was substantially impaired by temporary construction activities, the entire $3,500 monthly fee due to the City shall be abated. 6. Except as provided above, in all other respects the Agreement and the First Amendment are hereby confirmed and ratified. OWNERlLESSOR: CITY OF PORT ANGELES, a Washington municipal corporation By: Name: Kent Myers Title: City Manager ~1;2pr ~ed as to ~: ~~ ~ ~//7 -- 2, /1 ,., -- /" ~ (J William E. Bloor, City Attorney Attest: Becky J. Upton, City Clerk MANAGER/LESSEE: HECKMAN MOTORS, INC. MANAGER/LESSEE ACKNOWLEDGEMENT STATE OF WASHINGTON 55. COUNTY OF CLALLAM 2 L - 33 . . . . . . I certify that I know or have satisfactory evidence that John Heckman is the person who appeared before me and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the President of HECKMAN MOTORS, INC., a Washington Corporation, to be the free and voluntary act and c.~. -.'~ F):':~ /1 ~ ~~~~:o~~:~~t expires f r - _ I -- 2 D 1/ . <f~:M;~:~::i:~;'Y~~Y OWNERlLESSOR ACKNOWLEDGEMENT STATE OF WASHINGTON ss. COUNTY OF CLALLAM I certify that I know or have satisfactory evidence that Kent Myers is the person who appeared before me and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the City Manager of the City of Port Angeles, a Washington Corporation, to be the free and voluntary act and deed of said palty for the uses and purposes mentioned in the instrument. Dated: June _, 2009. Notary Public [Printed Name] My appointment expires G:\LcgaL Backup\AGREEMENTS&CONTRACTS\2009 Agrmts&Contracts\Heckman.second Amendmcnt.060 109 .doc 3 L - 34 ~...........'.""",,'O/...R.....:. ,.T'.:",..'J1l,....,............N....., r"...G.."'.',...E',.....i.tr,.,...E:..',.S'..!. . ,/' j' .' i i: '; : ' .'! " ) ! . WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: June 16, 2009 To: CITY COUNCIL FROM: NATHAN A. WEST DIRECTOR, COMMUNITY AND ECONOMIC DEVELOPMENT SUBJECT: SHORELINE MASTER PROGRAM UPDATE ASSISTANCE GRANT Summarv:Application for a Department of Ecology competitive grant for fmancial assistance for updating the City of Port Angeles Shoreline Master Program. Recommendation: Authorize grant application submission by the Community and Economic Development Department. Backeround / Analvsis: . The Planning Division of the Community and Economic Development Department pending Council approval is applying for a grant from the Washington State Department of Ecology. The grant request is for $200,000 in fimding. The grant does not require a match of in-kind support or funding from the City. Any administrative costs associated with the grant management will be reimbursed. The Department of Ecology is requiring that local Shoreline Master Programs (SMP) be periodically updated. The City of Port Angeles SMP update is scheduled for completion in 2011. The grant provides for reimbursement of staff time and expenses, as well as contracted assistance that may be needed. The Community and Economic Development Department is seeking Council support of the application for this competitive grant. The grant is anticipated to be awarded no later than July 1, 2009. . L - 35 . . . FORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: ~ June 16, 2009 To: City Council FROM: Glenn A. Cutler, Director of Public Works and Utilities SUBJECT: Dry Creek Pedestrian Bridge/Trail Construction Grant, Project TR04-2006 Summary: The Washington State Recreation & Conservation Office (RCO) has scheduled hearings on the funding list for July 9 & 10 of this year. In order for the Dry Creek Pedestrian Bridge/Trail project to be placed on the approved funding list, the City needs to file a Certification of Sponsor Match with the RCO on or before July 9, 2009. Recommendation: Pass a resolution funding the Dry Creek Pedestrian Bridge/Trail project, and authorize the Finance Director to sign the Certification of Sponsor Match. Background/Analysis: In June 2008, the City Council approved a resolution permitting City staff to pursue grants for the Dry Creek Bridge and Trail Improvement Project from the State of Washington Recreation & Conservation Office (RCO). The RCO ranked the project #4 in a list of 36 statewide projects. The RCO has scheduled hearings on the funding list for July 9 & 10 of this year. In order to be placed on the approved funding list, the City needs to file a Certification of Sponsor Match with the RCO on or before July 9,2009. The project budget of $735,000 remains unchanged from the 2008 submittal. Of this total amount, $367,500 will be paid by RCO with the remainder of the 50:50 cost share apportioned as follows: Project Funding Lodging Tax Contribution Peninsula Trails Coalition Cash Contribution Peninsula Trails Coalition Labor & Materials Contribution Lower Elwha K.lallam Tribe Contribution City of Port Angeles Contribution 160,000 50,000 50,000 37,500 70.000 367,500 Total Match Washington State Recreation & Conservation Office Total Project 367,500 $735,000 The RCO requires a resolution to be passed to receive grant monies. It is also necessary to submit a Certification of Sponsor Match commitment. L - 36 N:\CCOUNCIL\FINAL\2009 Dry Creek Bridge & Trail Construction Grant, Project TR04-2006.doc June 16,2009 City Council Re: Dry Creek Bridge & Trail Grant Page 2 It is recommended that Council pass a resolution committing to the funding plan for the Dry Creek Pedestrian Bridge/Trail project, and authorize the City finance Director to sign the Certification of Sponsor Match. Attachments: Dry Creek Bridge/Trail Project Resolution Certification of Sponsor Match L - 37 . . . . RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, authorizing signature of the Certification of Sponsor Match on behalf ofthe City of Port Angeles to accept and match grant funding from the Recreation Conservation Office of the State of Washington. WHEREAS, the City of Port Angeles has an opportunity to obtain. state grant funding from the State of Washington, Recreation Conservation Office for the project known as the Dry Creek Pedestrian Bridge/Trail project and provided that the City of Port Angeles provide $70,000 matching City funds; and WHEREAS, accepting and matching the grant funding is in the best interests of the City of Port Angeles. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY . OF PORT ANGELES, WASHINGTON, as follows: Section 1. Upon award of the Recreation Conservation Office grant for the Dry Creek Pedestrian Bridge/Trail project, the City shall provide $70,000 from the general fund as part of the match for the grant funding. Section 2. The City's Finance Director is authorized to sign the Certification of Sponsor Match and to provide notice to the State of Washington Recreation Conservation Office that she has done so. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the _day of ,2009. Gary Braun, Mayor . -1- ATTEST: APPROVED AS TO FORM: Becky J. Upton, City Clerk William E. Bloor, City Attorney G:\LegBl_Backup\ORDINANCES&RESOLUTIONSIRESOLUTIONS.2009\16 - Dry Creek Grant.061109.wpd -2- . . . . Certification of Sponsor Match Organization Name: City of Port Angeles Project Name: Dry Creek Bridge/Trail Construction, Project TR04-206 The sources of our local match will be: City of Port Angeles $70,000 Lower Elwha Klallam Tribe $37,500 Peninsula Trails Coalition, Cash $50,000 Peninsula Trails Coalition, Labor & Materials $50,000 Lodging Tax $160,000 Total Match $367,500 . As the authorized financial representative for the above identified organization, I hereby certify that the above referenced sponsor matching resources are ready and available for the above project. I acknowledge that our organization is responsible for supporting all non-cash commitments and donations should they not materialize. Signature: Printed: Title: Date: . . . . FORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: June 16, 2009 To: CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works & Utilities SUBJECT: Elwha Power Distribution Relocation, Change Order No.1 Summary: On October 7,2008, the City Council awarded a contract to DJ's Electrical of Battle Ground, Washington, for relocation of existing overhead power lines along the Elwha River as part of Task Agreement 11 with the National Park Service on the Elwha Restoration Project. Construction occurred during November through January. Some modifications and delays were experienced during construction due to field conditions. Recommendation: Approve Change Order No.1, for field revisions and hardware modifications, increasing the total contract amount by $26,870 to $200,310, including sales tax. Background/Analysis: On October 7, 2008, the City Council awarded a contract to DJ's Electrical of Battle Ground, Washington, to relocate both existing City and PUD power lines near the Ranney Well to accommodate the Elwha Water Facilities (EWF) being constructed by the National Park Service (NPS). The original amount of this contract was $173,440, including sales tax. This was fundedby the NPS as part of Task Agreement 11 with the City. The NPS contractor building the EWF is many months ahead of schedule. Construction of the power line was originally anticipated to occur in 2010, but design and project execution were expedited to accommodate the accelerated schedule of the plant contractor. Construction actually occurred during the worst weather conditions of last winter. Field conditions and coordination difficulties required the unexpected relocation of certain poles, and some hardware needed to meet PUD requirements had longer delivery times than expected. DJ's Electrical incurred additional costs as a result of these delays and has requested an additional $26,870. In order to provide power to the NPS contractor within the short construction time allowed, DJ's Electrical originally proceeded with the work. Task Agreement 11 is being increased to $261,125. Other elements of that Task Agreement have been lower than anticipated. The additional costs of this change order will be covered by cost savings on these tasks, plus additional funding from the NPS. There is no cost to the City. It is recommend that the City Council approve Change Order No.1, adding $26,780 to the contract with DJ's Electrical, for a total contract amount of $200,310, including sales tax. L - 38 N:\CCOUNCIL\FINAL\Elwha Power Distribution Relocation, Change Order No. I.doc DATE: To: FROM: SUBJECT: ~ORTANGELES . WAS H I N G TON, U. S. A. CITY COUNCIL MEMO June 16, 2009 CITY COUNCIL Glenn A. Cutler, Director of Public Works & Utilities Final Acceptance of Server Room Air Conditioning, Project IT04-2006 Summary: Air Flo Heating has completed the subject contract to install two new 5-ton air conditioning units in the computer room at City Hall. The project has been tested and accepted as complete, and the final invoice received. Recommendation: Accept Project IT04-2006 as complete and authorize the release of the retained percentage upon receipt of required clearances. Background/Analysis: Air Flo Heating of Sequim was the low bidder to replace an aging 4-ton . air conditioning unit in the City Hall computer server room. Two 5-t011 units were installed and connected to operate alternately, providing a backup unit in case of the failure of one unit. The bid price was $30,154.71, including sales tax. The contract was authorized by Council and signed in October, 2008. Testing of the fire alarm interface in May represented completion of the work. There have been no change orders. It is recommended that Council accept the project as complete by Air Flo Heating, Inc., and authorize release of the retainage in the amount of$1,390.90 upon receipt of required clearances. . N:\CCOUNCIL\F1NAL\Accept IT Air Conditioning Contract.doc L - 39 . . . DATE: To: FROM: SUBJECT: n. ....,.. /Qr jiR' ,;T" iti.. ^..! ....N 1.... 'G: 'E: iLl E; ,is' j, 1=:"/ i... '.n. ').'.'.i i 'j .// WAS H I N G TON, U. S. A. CITY COUNCIL MEMO June 16, 2009 CITY COUNCIL Glenn A. Cutler, Director of Public Works & Utilities Amendment No. 13 to the Krei Architectural, Engineering and Construction Review Services Agreement, Project 97-20 Summary: In April 2007, Clallam Transit entered into a construction contract with Primo Construction for the Gateway Project. At the same time, the City and Clallam Transit entered into a consultant agreement with Krei Architecture, architect of record, for construction support including review of submittals and contractor drawings. Recommendation: Authorize the Mayor to sign Amendment No. 13 to the agreement with Krei Architecture, extending the terms of the agreement one month to June 30, 2009. Background/Analysis: In April 2007, Clallam Transit entered into a construction contract with Primo Construction for the Gateway Project. At the same time, the City and Clallam Transit entered into a consultant agreement with Krei Architecture, architect of record, for construction support including review of submittals and contractor drawings. Completion of all work under the construction contract was delayed due to resolution of a design issue. This work has now been completed. Due to the delay, Krei Architecture has not completed the scope of work, necessitating a time only extension amendment to the consultant agreement. The Clallam Transit Board will be taking a similar action on June 15,2009. It is therefore recommended that City Council authorize the Mayor to sign Amendment No. 13 to the agreement with Krei Architecture, extending the terms of the agreement one month, with no additional cost to the City or Clallam Transit associated with the time extension. All other terms of the agreement remain unchanged. N:\CCOUNCIL\FINAL\Krei Prof Services Agreement Amendment No. I3.doc L - 40 ~:... 'Or 'R-}!....:.'};.... NI'G'IE,llf-.Ec-,lS'; I .1 , . r ; {. ,.I~-, . : -''''.j_' . .... !~___ _i. ...J ..'.__1 _..._J d_.... I .~y . ..... ... u... _"_~ ......, . WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: June 16, 2009 To: CITY COUNCIL FROM: CARLA JACOBI, POLICE RECORDS SPECIALIST SUBJECT: REQUEST TO LEASE 2 CANON COPIERS FROM PACIFIC OFFICE EQUIPMENT Summary: The police department currently leases two. Sharp copiers from a local dealer in town, and the contract expires August 5, 2009. The copiers have exceeded their lifespan and are requiring regular service. The police department has done extensive research for replacement copiers. We have received a quote for two Canon copiers from Pacific Office Equipment, to be leased through the KCDA government contract. A copy of this quote is attached. for reference. The City of Port Angeles is a member of the KCDA organization. City attorneys, William Bloor, and Dennis Dickson, have reviewed this quote from Pacific Office Equipment and the KCDA contract. Recommendation: City Council approves the police department's request to lease the two Canon copiers from Pacific Office Equipment through the KCDA government contract, and authorize a purchase order for this equipment. . The police department currently leases two Sharp copiers. The contract expires August 5, 2009, . and these copiers need to be replaced.. The department has done extensive research for replacement copiers, and request to lease two Canon copiers from Pacific Office Equipment, through the KCDA government contract. This information has been reviewed by the city attorney's office and has met their approval. Entering into this contract will be more cost effective for the City because the monthly lease payments and cost per copy fees are less than what the department is currently paying for services. The department has reviewed the costs for each contract from November 2006 through July of 2008, and the proposed contract with Pacific Office Equipment via the KCDA contract would save the City approximately $1,423.32 per year. . I I I i , I I , I I , I I I I PW _101.01 [Rwi,od 07n""] ~~.),~.==-~~-=_.. . L - 41 .' . . ~'.3,1t'i'IL'fll~ ~~~_~U},_; ~q'(~mIlleill.M(lrket/IJ9. [)/vliilon KCDA RFP# 09-0213 - MFD's / Copiers / Scanners / Fax / Printers ORDERING INSTRUCTIONS KCDA and Canon have implemented new ordering procedures for administration of the above said contract. These instructions are specific to meet both the needs of KCDA and Canon USA to ensure proper administration and compliance of the contract. All KDCA members and Canon authorized dealers are required to follow the below instructions for placement of Canon equipment offered on KDCA #09-213. KCDA Member/AssOciate Member KCDA 1. Determines best value 1, Date Stamps receipt of purchase order 2. Creates purchase order citing KCDA 2. Stamp approves Member purchase contract # and Canon USA Inc. c/o order Dealer Name 3. Sends purchase order and Canon 3. Forwards stamped & approved dealer proposal to KCDA purchase order and dealer proposal to Canon USA within 48 hI'S DEALER INSTRUCTIONS Verify customer is a KCDA member via the KCDA website at www.kcda.org. . Dealer proposal/quote must include the following: 09-213 Multifunctional Document Devices/Copiers (e.g. Year 1 of 5 year 09-213) Name of person responsible for verifying equipment Installation Phone no. and email address . Exact address and install location for equipment "Pricing includes a 2% KCDA service fee."1I< RFP No: RFP Name: RFP Extension Yr. Member Contact Info: Fee Statement: >}ONate: Fee is not to be listed as a separate line item. Canon price sheets for KCDA should include the service fee. KCDA MEMBER INSTRUCTIONS STEP 1- KCDA member/associate submits Dealer Proposal with a signed Purchase Order to KCDA. A valid purchase order must include the following: Purchase Order Number XXXXXXXXXXXX Purchase Order Date MM/DD/YYYY Contract Number KCDA RFPII 09-213 Vendor · Canon USA, Inc, I ssued by KCDA Member/Associate Name and Address Installation Address KCDA Member/Associate Mdress Delivery Point of Contact KCDA Member Name and phone no. Notes: Purchase Order must be accompanied by Dealer Proposal Dealer Proposals must Include name, address and phone KCDA Stamp Approval must be present on member Purchase Order Purchase orders sent to Canon USA, Inc, without KCOA approval and/or dealer proposal will be forwarded to KCDA Purchasing for verificatIon and approval. ___z:_-:-:.~,.= :~_"'-_~====o-~_=:.~-' "'~..:.."~._:,':.:.c..'.",,."'-"""O-'-''-':_.::"_==-'=,,".''=.='''':.'.:'._..:;=::-__"'=='-'~_:':'~~.:=-____ "_":0 ;',"=."" .:::~.= :.=-~::: =,,._... :".: ::::_:...:.....:..__.._:....~.,...:~= :"-------=--- ..:.-.-- ._=-.....".--~~:. ---=-=--=--=-=-~;"-- ------~-._.__.._._- ----".:-:-_-:::::!-- L - 42 C~,~,J, ;om Gllvernment:Motke/lng Dlv/glan KCDA RFP# 09-0213 - MFD's / Copiers / Scanners / Fax/Printers '. *Vendor Payment Address determined by business plan Purchase Canon USA, Ine. C/o Dealer Name Dealer Street Address Dealer City, State and Zip Reference: KCDA RFP # 09-213 * Lease/Rental Canon USA, Inc. C/o Canon Financial Services, Inc. 14904 Collections Center Drive Chicago, Il60693 Reference: KCDA RFP #09-213 Be sure to confirm that the equipment price, quantity, and description on the purchase order match the dealer proposal Iquote. STEP 2 KCDA Member must fax Purchase Order and Dealer Proposal directly to KCDA Purchasing Department for verification and stamp approval to: Attn: Charlene Turner, Purchasing Manager 1 Fax no. (253) 395.5402 . STEP 3 KCDA will forward stamp approved member Purchase Order and Dealer Proposal directly to Canon USA, Inc. within 48 hours of receipt of member order. Fax (703) 807-38191 Email GMD_Governmencorders@cusa.canon.com (The date stamped purchase order is the authorization. KCDA will no longer issue control numbers.) Notes: Purchase Order must be accompanied by Dealer Proposal Dealer Proposals must include name, address and phone KCDAStamp Approval must be present on member Purchase Order Purchase orders sent to Canon USA, Inc. without KCDA approval and/or dealer proposal wlll be forwarded to KCDA purchasing for verification and approval. . L - 43 . KCDA Price Quote KCDA Contract # 09-213 Multifunctional Document Devices/Copiers Year 1 of 5 year 09-213 Date of Quote - June 10, 2009 Submitted by Paul Boucher Pacific Office Equipment City of Port Angeles Police Dept William Bloor; wbloor@cityofpa.us; 360 417 4531 . 321 East Fifth Street P.O. Box 1150 Port Angeles, WA 98362-0217 Canon iR3080i (30 copies/prints per minute Color & B&W) (Color and B&W Copier) Equipment 48-Month Lease Canon iR3080i $ 128.14 Document Feeder DADF-L 1 $ 14.25 Saddle Finisher-Y2 $ 59.64 Cassette Feeding Unit-Y3 $ 24.12 ESP Surge Protector $ 4.72 Total Purchase Price $ 230.87 . L - 44 ......_-. ...._u.__._...._.___. ___._......._...... ___. __.'......__._. _..0". _ .-. .--------.--- -.... --..--.--.-,. --- ..--.....-.--.-....- ----.-- ---. ..... .._, . ....---- ...---..- ". _. _h ._.____...__ __. .._...___._.... on __....__ ..__ .._ ..._u _.".______ ..... ...... ,~___----L. ---..-- ----..-.. ---.~..---.--_._--.--._--_~ __.._.._..____..____ _.._________..__n_..__ .___..__~._~__._.__ i .i Eauipment 48-Month Lease CanoniR3225 $ 54.60 Document Feeder DADF-U1 $ 11.78 Finisher S1 $ 15.63 Cassette Feeding Unit- Y3 $ 24.12 Color Universal Send & Multi POL Print Package-D1 $ 13.18 ESP Surge Protector $ 4.72 Total Purchase Price $ 124.03 Canon iR3225 (25 copies/prints per minute B&W) (B&W Copier) Pricing Includes a 20/0 KCDA service fee .; I I I I I I I I : I I i . I . I I L - 45 .."r..~-.~"-'."-"~'". ,."'~"'-, ,.,..' , '-~ -" ,,,. .," " -,~," _m,-,_ ,'- ,"'". , -,-~-'",._.._--,-~,~' ,--,---'~"._,,,, ,.,-,--~ (6JS)2009)Carla Jacobi -service Quote060509.pdf t-'age 2..Y . Pacific Office Equipment ServiltgtllcNortll Ol,ympicPenillSIlIo 360-417-3600/800.962-8714 June 5, 2009 City of Port Angeles Police Dept. Port Angeles, W A 98362 Attn: Bill Bloor Re; Service terms for quotcd copiers from KCDA contract Dear Bill, The following outlines 111e temlS for servicing the quoted equipment Cnnon mC3080i Service and Supplies would be guaranteed tmder an annual agreement Under our cost per copy' program, P.O.E. will guarantee all your Parts, Labor, Service, Toner, Stal)Ic.~. Drums and LoanCl' machine if ever needed. AlJ.BIW copies/prints @ $0.009 per copy. All Color copies/prints $0.065. AI! Scans @ $0.00175 (paper not inchlded) Please see scrvice contract. Canon IR3225 Service and Supplies would be guaranteed under an annual agreement. Under our cost per copy program, P.O.E. wlll guarantee all your Parts, Labor, Service, Toner, Staples, Dl1lms and Loaner. machine if ever needed. All copies/prints @$0.0089. All Scaus @ $0.00175 (paper not included) . · Prices shown do not tnclude 8.4% soles tax. .. Does not include installation to Server/PC's. All Networlc Support includlllg drivers. software. interfacing and cammunicallllg wlih other device. on the network available @ $100.00 per hour. TI1lIDk you for Ule opportunity to earn your business. If tllere are any questions, please feel free to contact me ill tile Port Angeles office or on my cell pbone @ 360-460-7936. Respectfully, Paul Boucher Sales Manager . L - 46 _:.:~-- -= .:=::-.:.:.-..:.,..::.....:. .:..--~=-..,...:...-~::.':""::.:_.-.--=.--=_-:.....:..:..=::....:..':.-:-_::_7 .=. ~~_~_.. ___. __ BlS:lIiiL . - -~-------------~-------~----------. . .. . Existing: Port Angeles Police Department Estimated Equipment Monthly Monthly Meter Monthly Supply Supply Estimated Existing Type of Monthly Lease Base Meter Charge Meter . Consumable Consumable Monthly Type Machine Agreement Volume Amount Service Allowance Per Copy Charge Cost Est. Mo. Total Charge In Base Total Per Copy Cost Charges Black & White Sharp BC-260 Full Service 3,550 $235.29 $0.00 0 $0.0190 $67.45 Included Included $302.74 Full Color Sharp BC-260 Full Service 5,550 $0.00 $0.00 0 $0.0990 $549.45 Included Included $549.45 (Last 2-Months Averaged) Totals Previous Gost $852.19 d Propose . . Estimated Equipment Monthly Monthly Meter Monthly Supply Supply Estimated ~xisting Type of Monthly Lease Base Meter Charge Meter Consumable Consumable Monthly Location Machine Agreement Volume Amount Service Allcwance Per Copy Charge Cost Est. Mo. Total Charge in Base Total Per Copy Cost Charges Black & White Sharp MX.2300N Full Service 3,550 $350.72 $0.00 0 $0.0125 $44.38 Included Included $395.10 Full Color Sharp MX-2300N Full Service 5,550 $0.00 $0.00 0 $0.0890 $493.95 Included Included $493.95 ; Pmposed:Cost: $88!t05 Totals More~,bv: . . $36,86 , I l: r I' II ~ ., -.....I if Ii Ii !: !i JI_ . .~1 etinn \If': nrnnnf':An 1\t1~~~nn - ~/?~/~nn7 ,.,-~ .....,~ "-.-- -- -= -- .. .. - --- .. ... ... - -- - ....- -- P rtA P r o rt t Existing: 0 nge es o lee epa men Estimated Equipment Monthly Monthly Meter Monthly Supply Supply Estimated Existing Type of Monthly Lease Base Meter Charge Meter Consumable Consumable Monthly Type Machine Agreement Volume Amount Service Allowance Per Copy Charge Cost Est. Mo. Total Charge In Base Total Per Copy Cost Charges Black & White Sharp BC-260 Full Service 3,550 $235.29 $0.00 0 $0.0190 $67.45 Included Included $302.74 Full Color Sharp BC-260 Full Service 5,550 $0.00 $0.00 0 $0.0990 $549.45 Included Included $549.45 (Last 2-Months Averaged) Totals Previous Cost: $652;19 P d ropose . . Estimated Equipment Monthly Monthly Meter Monthly Supply Supply Estimated Exlstlng Type of Monthly Lease Base Meter Charge Meter Consumable Consumable Monthly Location Machine Agreement Volume Amount Service Allowance Per Copy Charge Cost Est. Mo. Total Charge . In Base Total Per Copy Cost Charges Black & White Sharp MX-2700N Full Service 3,550 $367.04 $0.00 0 $0.0125 $44.38 Included Included $411.42 Full Color Sharp MX-2700N Full Service 5,550 $0.00 $0.00 0 $0.0890 $493.95 Included Included $493.95 iJRreposed:Cost: $905;31' Totals Morebv: $SaitS r ~ ex> ~~lrHn~ ,,,,, nrnnn,-,,,,n fll!X?70n _ ?f?7/?007 Page 1 !j r- ,il ~ CD II " II 'I Ii ;, il ~==---~----I!lIr--II!!!!f'!-~--"- -_-==---IiiiiiiiiI-iiiiiiiiil-iiliiiiiit------ - -- -. -. P rt A p r t D rt Existing: 0 nge es olee epa men Estimated Equipment Monthly Monthly Meter Monthly Supply Supply Estimated Existing Type of Monthly Lease Base Meter Charge Meter Consumable Consumable Monthly Type Machine Agreement Volume Amount Service Allowance Per Copy Charge Cost Est. Mo. Total . Charae In Base Total Per Copy Cost Charges Black & White Sharp BC-260 Full Service 3,550 $235.29 $0.00 0 $0.0190 $67.45 Included Included $302.74 Full Color Sharp BC-260 Full Service 5,550 $0.00 $0.00 0 $0.0990 $549.45 Included Included $549.45 (Last 2-Months Averaged) Totals Previous Cost: $852.19 JM'fh F Proposed: I lery Estimated Equipment Monthly Monthly Meter Monthly Supply Supply. Estimated Existing Type of Monthly Lease Base Meter Charge Meter Consumable Consumable Monthly Location Machine Agreement Volume Amount Service Allowance Per Copy Charge Cost Est Mo. Total Charge In Base Total Per Copy Cost Charges Black & White Sharp MX-3500N Full Service 3,550 $476.41 $O.O~ 0 $0.0110 $39.05 Included Included $515.46 Full Color Sharp MX-3500N Full Service 5,550 $0.00 $0.00 0 $0.0850 $471.75 Included Included $471.75 · Proposed Cost: $987;21 Totals More by: $135.02 .istina vs orooosed MX-3500N - 3/29/2007 . .age 1 . . . P APD RECORDS COPIER COUNTS & COSTS . .~. 11/1106-7/31/08 .. Contract Dates AR-M277 Copy Cost AR-BC260 Black Copy Cost AR-BC260 Copy POE POE Costs POE Costs Copy Count $.0125 & White Copies $0.0190 Color Copies Cost Costs IR3080i IR3080i $.0990 IR3225 B1k1Whi Color $.0095 $.008 $.0655 11/1/06-11/30/06 7,015 $87.60 3,870 $73.53 1,817 $179.88 $66.42 $30.96 $119.01 1211/06-12/31/06 8,053 $100.66 3,568 $67.79 1,587 $157.11 $76.50 $28.54 $103.95 1/1/07-1/31/07 10,252 $128.15 5,890 $111.91 2,933 $290.37 $97.39 $47.12 $192.11 211/07-2/28/07 8,142 $101.78 5,190 $107.43 4,148 $410.65 $77.35 $41.52 $271.69 3/1/07-3/31/07 8,884 $111.05 8,905 $169.20 3,024 $299.38 $84.40 $71.24 $198.07 4/1/07-4/30/07 8,272 $103.40 3,462 $71.66 449 $44.45 $78.58 $27.70 $29.41 5/1/07-5/31/07 8,924 $111.55 2,706 $56.01 723 $71.58 $84.78 $21.65 $47.36 6/1/07-6/30/07 10,689 $133.61 5,774 $109.71 523 $51. 78 $101.55 $46.19 $34.26 7/1/07-7/31107 6,518 $81.48 3,216 $61.10 111 $10.99 $61.92 $25.73 $7.27 8/1/07-9/30/07 21,097 $263.71 $200.42 (2 months) 8/1/07-8/31/07 5,961 $113.26 523 $51.78 $47.69 $34.26 9/1/07-9/30/07 3,789 $71.99 197 $19.50 $30.31 $12.90 10/1/07-10/31107 13,017 $162.71 4,258 $80.90 935 $92.57 $123.66 $34.06 $61.24 11/1/07-11/30/07 7,492 $93.65 3,637 $69.10 486 $48.11 $71.17 $29.10 $31.83 12/1/07-12/31/07 6,578 $82.23 3,156 $59.96 458 $45.34 $62.49 $25.25 $30.00 1/1/08-2/29/08 3,517 $43.96 $33.41 (2 months) 1/1/08-1/31/08 5,338 $101.42 562 $55.64 $42.70 $36.81 2/1/08-2/28/08 1,968 $37.39 704 $69.70 $15.74 $46.11 3/1/08-3/31/08 17,922 $224.03 2,150 $40.85 202 $20 $170.26 $17.20 $13.13 4/1/08-7/31/08 28,484 $356.05 $270.60 (4 months) 4/1/08-4/30/08 3,243 $61.62 3,263 $323.04 $25.94 $213.73 5/1/08-7/31/08 10,198 (billed at $127.48 1,778 $176.02 $81.58 $116.46 (3 months) AR-M277 price) Average 8,326 $104.08 4,109 $78.07 1,163 $115.14 $79.10 $32.87 $76.18 !Count/Cost (b\verage Month $24.98 $45.20 $38.96 <eopy cost savings wIPOE Note: ~'vo were llilable to make copies with the AR-M277 copier for at least a month beginning sometime in late April or early May of2008. Because of this . Digital Imaging billed copies for the AR-BC260 from 5/1/08-7/31/08 at the AR-M277 price of$0.0125 per copy. See the letter dated June 10,2008. AR-M277 Lease fee per month: $130.38 I: AR.-277 average copy costs per month.: $104.08 !' 'il :i Total average costs per month: $234.46 !i !1 Total average costs per year: $2,813.52 Canon 00225 Lease fee per month: $128.25 i' Canon 00225 average copy costs per month.: $79.10 "Ii , Total average costs per month: $207.35 i: , i: Total average costs per year: $2,488.20 ii .j; AR-BC260 Lease fee per month: $235.29 AR-BC260 BlkfWhi copy costs per month: $78.07 AR-BC260 Color copy costs per month.: $115.14 I, Total average costs per month: $428.50 Total average costs per year: $5,142.00 Canon IR3080i Lease fee per month: $227.95 Canon IR3080i Blk/Whi copy costs per month: $32.87 Canon IR3080i Color copy costs per month: $76.18 Total average costs per month: $337.00 Total Average costs per year: $4,044.00 Digital Imaging average costs per year: $7,955.52 POE average costs per year: $6,532.20 Total savings: $1,423.32 r c.n ~ II !: l--. . . . . General Fund & Street Overview . General Fund revenues are down nearly 2%, from 2008, a slight im- provement since last month. Through May (42% of year com- pleted), we have collected 390'0 of budgeted revenues. Expendimres are 100'0 higher than the same period in 2009 mainly due to a one-time $575,000 transfer for street projects in Ivlarch. To date, the General Fund has spent al- most 43% of budgeted expendi- tures \vhich is on target for this point in the year. In the General Fund, the three largest revenue sources are at or sligh tly below budgeted levels. Utilitv tax collections arc at 41.5%, of budget, nearly on target for this point in the year. Sales tax is at 370'0 collected. but historically has only been 39% collected through May. Property tax collections are up $2,000 compared to the same rime last year. 09 v. 08 Variance GENERAL FUND 2009 2008 $ % Revenues-through Moy 6,754,991 6,877,377 (122,386) (1.78) Expenditures-through May 7,378,381 6,680,627 697,754 10.44 Net Rev. over/(under) Exp. (623,390) 196,750 STREET FUND Revenues-through May 655,941 606,902 49,039 8.08 Expenditures-through May 523,414 552,291 (28,877) (5.23) Net Rev. over f(under) Exp. 132,528 54,611 lected are up 8%, from 2008 mostlv due to the first year of financial sup- port from the Storm\vater Fund. The $363,000 in support is a result of the Street Fund performing some storm- water-related functions such as main- tenance of storm drains. Through ?\Iay, Street Fund expenditures are 50/0 Imver than 2008, primarily due to the timing of projects and vacant posi- tions not being filled immediately. \\'ith 42% of the year completed, \ve are below target with revenues (39% of budget collected) and expenditures (31 '~'o spent) in the Street Fund. In the Street Fund, revenues col- Due to timing issues "\vith certain reve- nues and expenditures, some montl1ly comparisons will be skewed. The most accurate comparisons take place at year end, when all revenues and ex- penditures have been posted and rec- onciled for the entire year. $400,000 Sales Tax Revenue by Month Sales Tax Revenue is down 19% t.hrou.gh .L~lay 2009 compared to the same perz:od last year. To date, we are slightly below target with 370,;; of budget collected. . $350,000 $300,000---- $250,000 $150,000 ~2008 I" ___2009 " -e- 2009 Budget \ - -. Jon Feb Mor Apr Moy June July Aug Sept Oct Nov Dee M - 1 Utility Tax Revenue Collected through May Electric SW- Water Wastewater Collections Sin II!Jl2008 ! jll!!!2009 I I!!!!l 2009 Budget SW-Transfer Storm water Through"ita)' "(426{'"of 'the year com" pleted) the Electric Utility has collected 4O~,'O of the budget. In the W'ater and . \V'astewater Funds, tax. revenue is higher through the month of May compared to the same period in 2008 ma.inly due to rate adjustmellts. The Transfer Station ha:; lower tax revenues in 2009 due to lower tonnage levels than previous years. This is a result of decreased COtiST.lCUon activities as well as lower tonnage in resi- demial collections. \X'e are concerned that most utilities are either at or slightly be- low budget witb the exception of Electric which typically collects a large portion of revenue in the fIrst quarter. In addition, \\'astewater is slightly above budget due in part to the collection of a large landfIll leachate payment in May. C orri~.unity ...& Economic .............. ", "...........................,.. .............................. ,', ".0 ......'n ......0,'.. ,', ..-......',.... ..,.. _............................. ~.'..'" .... ....... ,', ..... ," ," ,', ,'" ,..,. Development Revenue Don't Forget the .seasonal,.effect on Building Permits $85,000 $70,000 I $55,000 .j i $40,000 I j I $25,000 I j $10,000 ! i i lodging Tax Revenue .... By Month Jan Feb Apr May June July -Itr- 2008 _2009 Revenue Source Building Permits Plumbing Permits Mechanical Permits Sign Permits Plan Checking Fees Planning Permits Zoning Fees Total Revenue Aug Sept Community Development Revenue Collected through May $ 2009 vs. 2008 2009 2008 % variance . 54,462 $ 79,050 -31.1% 5,252 5,814 -9.7% 6,809 9,592 -29.0% 1,052 2,513 -58.1% 86,719 32,749 164.8% 2,890 1,525 89.5% 3,725 2,020 84.4% 160,910 $ 133,262 20.7% $ Od Nov . Dee -.- 2009 Budget M - 2 City of Port Angeles Invesment Portfolio Information current as of: Wednesday, June 10, 2009 ('i') ~ US Federal Agency Securities, 75% ----.~_ Certificate of -- Deposit, 20% Allowed - Current POrtlollo Current Portfolio Institution per Policy Distribution (at cost) Local Govemment Investment Pool Slaw Investmerlt Pool 5.44% $ 3.672.942.67 No less fflflfi 2% Operating Budgot for 2009 $1.716.253 US Federal Agency Securities FFC8 3.77% $ 2.546.537.50 Federal Home Loan Banks - FHLB 35.98% $ 24.301.765.78 FHLMC 13.40% $ 9.049.019.66 Federal National Mortgage Assoc: ~ FNMA 21.46% $ 14,491,429.93 Certificate of Deposit F'irsl Savings of Remon 50.00% 12.93% $ 8.733.857.18 FI,~<;t Foderal of Port Angelos 50.00% 0.74% S 501.932.29 WesfsoufldlKilsap Bank 50.00% 6.28% $ 4.241.307.43 TOTAL I 100.00% $ 67,538.792.44 - cal Government Investment Pool US Federal Agency Securities Certificate of De osit 00 Dlstrlbutlon 5.44% 74.61% 19.95% 0% . '.1:i.rrttfftff'Qmillr.i (at cost) $ 3,672.942.67 $ 50.388.752.87 $ 13,477,096 Distribution by Instrument (Percent of Portfolio) Local Government Investment Pool,5% Distribution by In~titution Federal Natidnal ' , Mortgage Assoc. FNMA 21% ~ First Savings of Renton 13% \. First Federal of I Port Angeles 1% West$o. und/Kltsap "'~ Bank '" /State \nvest~t . Pool 5% Maturities F; Greater a . -- --less than one ::: ./ . . "';~350/;-.~__IW-"Y~~~_ 30% .,_~/\-._--- -- _ __ _ 41 r; 20% .- --~-.....- ._-~- '" -~~" -- " 10%/ J_ FHLMC 13% FFCB 4% 0% -..... -- -'-,>- I L~ Federal Home LoanB.anks - ~.. FHLB 37% ------~---------...-----~ ~ . tn compliance with the City's Investment Policy we d. by maturities. type of investment. as well as institution. .