HomeMy WebLinkAboutAgenda Packet 06/18/2001
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I N G TON, U. S.;.A.
AG:ENDA, ,
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eIT~tC()UNCIL MEETING
. 321 EAST FIFTH STREET ..
.
JUlle..18,.,2001
RE~lJ~R.J\1EETING - 6:00 p.m~
A.
ROLL.,CALL -
PLEDGE OF ALLEGIANCE -
CEREMONIAL MATTERS &
PROCLAMA TIONS
B: WORK SESSION
Workshop for Capital Facilities Plan I
Transpo~tion Improvement Plan
1
Cond~~,;WO~~h()p, .
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C. LATE ITEMSTO BE PLACEJ:)"Q~;',~mS;OR'~!f~./~GEM:>AS (By geg.'l~il, StafljorPublic) AND
PUBLIC CQMMENT FOR ITEMS ,l~fi)T ONAGENDX: (This is the opporWktlyfor member~ of the
public to speak to the City Council aboutanytljingnot ontl1f.agenda, pleasekeep'commentsto~-!Ominutes.)
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D. FINANCE
1. Trail and Utility Easement: Dearie Property
2. Circuit Switcher for "I" Street Bid Award
3. Contribution toWashingt<mPUO.A5,~?ciation
forDirect Services Industries Effort hidustries
4. Magna Drive Proposal for Wastewater
Treatment Plant
5. Travel & Training: Public Works Depa.rtil1ent
9
15
17
jf"":,~<'-:}i!~" ~r!--",~~-L /. _ _;,:,~.~\,,-, _ _ /,,,; _ <
Authorize Mayor, to sign ~eement,
"J;,:.;" . ',<"..<;;t"\~f'~'~""" .;,el;!',',"'."'" ,..' .
Approve award.\'7aulli(jn.~e.Mayor to SIgn
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Authorize. contributiQTI
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Authorize Mayor to sign ag~~eD1ent
',""-'
21
Authorize travel"
E. CONSENT AGENDA
1. City Council minutes - Regular Meetiitg- June '23
5,2001
2. Check Register - June 12,2001 -
$1,401,402.23
F. CITY COUNCIL COMMITTEE'REPORTS"'"
ORDINANCES NOT REQUIRING'PUBLIC
HE4RINGS . ",
1. Telecommunications and Related Ordinances,,,
Adoption
2: P~~lic Utility DistriFt (PUO) Electric"
Franchise Agreement
Accept Consent 1,\g~nda
H. RESOLUTIONS
.
June,)8,2001
NOTE: H~~RING.DE\1EESA Y lILM~~~~l!l[!!O~~~EDINGASS~~T~NGE '.
' . " MAYOR TO DETERMIN~llIME OElBREAK . .. '" '.. '" ;"..
'. Port Angel~s ,~~,tY;Coiii%all:fvf~etil1g:
i 'Page- 1
-~~~'
I. OTHERl~ONSI])ERATIONS
1. Highlapd COurte Repprt 161
2. Contract, for.pi~~9p1y Grant with 178
. WashingtOri State DC~D for Serenity House
Project" .,..
3. A-greement,9~e~,'9j!y of Port Angeles and 203
Port offlort ~~~l,S~;~e,:.9~.~n;~~1 Marketing
,4. Intergovernmenlal Agieement with Lower 207
Elwha Tribe,., ." .
5. OlYmpic National Park Right-of-Way Permit 215
for Peabody Reservoir.Drainline
6. Fiber Optic Backqpne BusinessPlan Revised 225
Scope of Work
7. Conunercial Lighting Co~ervation Program 233
8 BPA Rate Mitigation Agreement and 3",:Way 255
*''' - ...'~':' ",:'_," .0...,. _,....'._.".,. -'._' ..:
Agreement for O'alshowa Load Reduction
9. Consumer Electri~ity Reduction Agreement 257
10..MarketingServices Professional Services 259
Agreement
J. PUBLIC HEARlNGS -:QUASI-JUfiicIAL'
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(7:00 P.M. or soon thereafi,er)"
K. PUBLIC HEARINGS: OTHER
I. 200 I Comprehensiv~ Plan Amendments
(Continuedfr6riI jilli~ 5 ,2QO 1 meetiAg)
2. Public'I-l~arintf,<itcFPrriP ~
No Council!lction
Authorize Mayor to Sign Contract
,'- ,- --,
AtithdrizeMayor to sign agreenient
:~');,:~,~ "6"
. Authorize Mayor to sign.agreement
Authorize City.Managerto signRfW Permit
Authorize Mayor to sign amendment
Authopz~M~yono .signagreemeht
Authorize' City t\1:anager to sign ~gt~Illlents
.... ";S" ",;t.y.
Authorize City Manager to sign agreement
Authorize.~ayoI to.. sign agreements
275
L. INFORMATION
I. City Manager's Calendar (Page 337)
* Conservation . Program - Sununary of Offerings (Page 339) .
* Water Quality~~p~?1 (}>ag~ 342)
2. Pemnsula International Relations Association Quarterly Report (Page 348)
3. Planning Conunis~ion M~lltes - May 23,7001 (Page 350)./~i/.'
4. Public Works & Utilities Monthly Report - May 2001 (Page 357)
5. Conununity Development MOIithly E,~OIt - May 2001 (Page 359)
6. Police Department Monthly Report ~May 2001 (Page 361)
Continy.eto July'3, 2001
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M. EXECUTIVE SESSION (As needed and determined by CityAttorney)
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<:n>PUBLlCHEARlNGS,,').v,h . . .. 'hu% .
NOTE: HEARING DEVIC~S AVAILABLE FOR.tHOSEiNE~DINGlS~ISTANCE
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MA YOR*!tODETERMINE'>TIMEOF BRIDAK ," '<'" .., "~
June 18, 2001 PortAngelesCity CouncilMeeting
Page - 2
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~ORTANGELES
WAS H I N G TON, U. S. A.
CITY OF PORT ANGELES
CITY COUNCIL MEETING
I.
CALL TO ORDER - REGULAR MEETING:
II. ROLL CALL:
Members Present:
Mayor Doyle
Councilman Campbell
Councilmember Erickson
Councilman Hulett
Councilmember McKeown
Councilman Wiggins
Councilman Williams
Staff Present:
Manager Quinn
Attorney Knutson
Clerk Upton
B. Collins
M. Connelly
G. Cutler
D. McKeen
T. Riepe
Y. Ziomkowski
III. PLEDGE OF ALLEGIANCE:
~
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June 18, 2001
to IJ!t. D. 'IY\ .
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Led bY:~ ~ (!Qp-cJf J)p/:DA.
· ~ORTANGELES
WAS H I N G TON, U. S. A.
DATE OF MEETING: June 18,2001
CITY OF PORT ANGELES
CITY COUNCIL MEETING
Attendance Roster
LOCATION:
City Council Chambers
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City of Port Angeles
~ORTANGELES
Ordinance/Resolution Distribution List
City Council Meeting Of-q.,t.n tJ - 18, t:R lJ() I
WAS H I N G TON, U. S. A.
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City Clerk (2) ~ /, ,9../ ,t)V ~V" /)./ ,:;/
Deputy Clerk (1) (7 1../ /V ;-- / JV' l~
Personnel
Cust. Svcs.
Finance
Dir./Mgr.
Police Dept.
Fire Dept.
Light Dept. / /
Pub. Works (2) % ,7 5" / V % I v' % Iv' 1) I ~ 1'/ I 'V
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Parks & Rec.
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~ORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
JUNE 18,2001
To:
MAYOR DOYLE AND CITY COUNCIL
FROM:
Glenn A. Cutler, Director of Public Works and Utilities
SUBJECT:
Capital Facilities Plan (CFP) and Transportation Improvement Program (TIP)
Workshop and Public Hearing
Summary: The State requires that the City annually update the CFP and TIP for planning and
funding of capital projects. A public hearing is required to receive input regarding projects and
additions to the CFP/TIP. The TIP projects are included in the transportation element of the CFP, but
need to be listed in the separate TIP to meet state requirements. A workshop will be held prior to the
public hearing to familiarize Council with the projects included in the CFP.
Recommendation: Open the public hearing and receive public input regarding the CFP
and TIP for the ears 2002 thru 2007. Continue the ublic hearin to Jul 3 2001.
Back~round I Analysis: Annually the City is required by the State to update the CFP for
planning and funding of capital projects. The CFP is a project planning tool which covers all aspects
of infrastructure planning within the City and is utilized to plan for growth in the Urban growth area
as well. The projects included in the CFP are those that are needed to meet the concurrency
requirements of the Growth Management Act (GMA), transportation projects to be included in the
TIP, and other capital projects planned for the next six year period. All projects in the CFP and TIP
should be currently funded or have the source of potential funding identified. In order to receive
project funding in the form of grants and loans or require development funding of infrastructure
improvements projects must be included in the CFP. The TIP is a transportation planning tool used
by Washington Department of Transportation (WSDOT) to allocate funding of local agency
projects. The WSDOT will not fund transportation projects that are not included in the TIP.
Comments received on transportation projects will apply to both the CFP and TIP.
Enclosed is the CFP summary for 2002-2007. The departmental staff along with council members
have identified and prioritized projects that were approved for funding allocation during last years
CFP process. In addition to the current projects, new projects have been recommended for funding
allocation. While the CFP and TIP are six-year planning tools the funding allocations cover the
current year and the year 2002.
A binder containing the entire six year CFP has been provided. Attached are summaries included in
the CFP binder. The first summary, 2001 Governmental Fund Projects, is a list of projects requiring
funding from the general fund which has been prioritized on a citywide basis. The second summary
includes general fund projects (Fire, Police, Parks, Stormwater, and Streets) listed in departmental
priority. The third summary includes utility fund projects (Light, Solid Waste, Water, and
Wastewater) listed in departmental priority order. Please note that the street projects list also serves
as the TIP.
N:\PWKS\ENGINEER\6- YEAR\200 1 CFP3. wpd
1
CAPITAL FACILITIES PLAN OVERVIEW
The original allocation of$1,650,000 in 2000 CFP has been revised to have available $595,000. An
additional $600,000 has been identified as available surplus funds from the 2000 budget and a
$135,000 has been identified from unfinished street projects. The total balance available for .
additional funding is $1,330,000 for the new CFP.
A work session was held on April 27 and 30, 2001 with input from the City Manager, Councilman
Campbell, Councilwoman McKeown, the Finance Director, and Public Works. Staff worked on
revising the list approved from last years approved CFP. A revised list of prioritized projects and
funding was developed for recommendation to Council. This list identifies projects to be funded in
the budget years 2001-2002.
The general approach for project prioritization was 1) projects thathave non-City funds associated
with the project (leveraging funds of others), 2) projects with a potential of securing non-City funds
for accomplishment, 3) projects that will avoid future higher costs if accomplished, and 4) others.
The following is a recap of the basic strategy, key projects and funding options contained in the
proposed CFP. A more detailed description of each project and the strategy for implementing the
Comprehensive Plan policies is contained in each section of the Plan.
I. GENERAL FUND PROJECTS
The proposed six-year plan for the General Fund Projects total $43 million. Development
projects identified for the years 2001 and 2002 total $1,446,000. Projects that are funded
directly out of the general funds are identified as:
A. General projects identified for funding are: Laurel St. Slide Repair, Downtown
Convention Center, Gateway Parking, Renovation of Carnegie Library, City Server &
Software Upgrades, City Pier Dredging & Piling Replacement, and the Valley Creek
Restoration. The fiber optics project was moved to the City Light Utility for funding.
.
B. Fire projects identified for funding are: Replace SCBA Compressor.
C. There are no Police Department projects identified in the 2001 - 2001 budget
years.
D. Parks projects identified for funding are: Francis Street Park Improvements, Pool
Enhancements, Street Tree Planting. The Street Tree Planting funds will be used as
matching funds for the sidewalk installation on Front Street.
E. The projects identified in the stormwater where moved to the Wastewater Utility
for the funding source.
II.
TRANSPORTATION
The proposed six-year plan for the General Fund Projects total $65 million. Development
projects identified for the years 2001 and 2002 total $986,000. Projects that are funded
directly out of the general funds are identified as: 8th Street Restoration, Lauridsen Blvd.
Bridge Widening, 8th Street Bridge Replacement Study, Paving/Chip Seal Program, Street
Bicycle Facilities/Racks/Striping, ADA Curb Ramps, and Lincoln/Lauridsen Blvd.
Rechannelization & Signal.
.
2
N :\PWKS\ENGINEER\6- YEAR\200 1 CFP3. wpd
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A. Malor Street Repair and Reconstruction
The City Council has set a goat of funding an annual Street Paving Program. This program
of resurfacing streets allows the Public Works to make steady improvements to streets
throughout the City. The "least cost" strategy is based on addressing both the "worst of the
worst" and making !mprovements to streets before they reach the point of significant
deterioration. This approach requires the allocation of $300,000 per year.
One of the main challenges in capital project funding is maintaining the annual commitment
for street repair and reconstruction. Sufficient funds can only be forecasted to cover the
need through 2005. A continued strong economy and financial discipline should result in
future annual year-end allocations to the CFP which could be used to sustain the Pavement
Management Program.
IV UTILITY PROJECTS
The proposed six-year plan for the General Fund Projects total $70 million. Development
projects identified for the years 2001 and 2002 total $9,000,000.
Each utility is operated as a separate business funded by dedicated utility rates and
development charges. As such, it does not compete with other City projects funded by
general tax revenue.
A. City Light projects in the CFP reflect the new fibre optics project as well as
annual maintenance and replacement projects.
B. There are no Solid Waste projects identified in the 2001- 2002 budget years.
C. Water utility projects in the CFP reflect the continued implementation of the 1996
Water System Plan as work begins on the plan update. Work on improving operating
pressure and fire flows as well as development of new sources continues in 2002. Major
projects include annual waterline replacements, cover the Black Diamond Reservoir, and
replacement of concrete cylinder pipe.
D. In the Wastewater Utility the primary emphasis for the 2001 - 2002 capital
projects is the annual replacements, beginning the test pilot program of the separation of the
combined sewer overflow, making improvements to sewer pumps, and making
improvements to the Lincoln Street Storm Drain.
V CONCLUSION
The 2002-2007 CFP represents continued progress in addressing the needs of the City. This
is a recommendation of adopting the CFP and approving the allocation of funding for the
projects in the years 2001 - 2002.
N :\PWKS\ENGINEER\6- YEAR\200 1 CFP3. wpd
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NOTES
Moved to CL
200,000 Library Bond
Moved to WW
Moved to WW
Need Grant approval
Used in Front Sidewalk
Construct in 2004
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2001 GOVERNMENTAL FUND PROJECTS
CITY
PRIORITY
CFP
#
PROJECT
1 TR61-99 8th Street Reconstruction
2 TR40-99 Lauridsen Blvd/Airport Road Realignment
3 GG12-99 Laurel SI. Slide Repair
4 PK01-00 Francis Street Improvement
5 GG13-99 Downtown Convention Center
6 GG03-00 Gateway Parking
GG6&-OO Fillre Olltis6
7 GG05-00 Marketing Del Guzzi
8 GG02-99 Renovate Camegie Library
QR&4..99 CFaWR PaFk StaFFA Ovelflew
9 PK15-99 Pool Enhancements
QR04-99 URselR StFeet SteFFA DFaiR
10 TR42-99 Lauridsen Blvd Bridge Widening
SUB TOTAL OF 2001 CITY PROJECTS
11 FR01-01 Replace SCBA Compressor
12 GG08-99 City Server & Software Upgrades
13 TR30-99 8th Street Bridge Replacement Study
14 TR03-01 Paving/Chip Seal Program
15 PK16-99 Street Trees - City East Entrance
16 TR20-99 Street Bicycle FacilitieslRacks/Striplng
17 TR26-99 ADA Curb Ramps
18 GG01-00 City Pier Dredging & Piling Replacement
19 TR18-99 L1ncolnIBlvd. Rechannellzation & Signal
20 GG10-99 Valley Creek Restoration
SUB TOTAL OF 2001 CITY PROJECTS
ITOTAL GOVERNMENTAL PROJECTS
GG01-01 Laurel SI. Stairs Repair
PK98-99 Remodel/Expand Fine Arts Center
PK23-99 Centennial Trail-ITT to Lees Crk.
PK25-99 Waterfront Trail-Valley Crk.
GG02-01 Laurel SI. Pavers
GG02-00 Marine Life Center
Funds to be allocated:
Available from $1,650,000
Available from 2000 Surplus
Available from 2001 unfinished Street Projects
TOTAL
2
TOTAL
PROJECT
COST
I.
~
REVISED ADDITIONAL
2001 BUDGET FUNDS NEEDE[
AlLOCATION 2001.2002
FUNDING
SOURCE
2,500,000 .
2,123,000 .' (
200,000
437,000 '.; <- ~f 50;000
4,000,000 ,.',- ,,,Ao.oOO
2,000,000
4;OOO.QOO t~~~,~2~Q:tHig
40,000
1,200,000
4OO;(lOOUfg!.~1!)lj:(jgg
2,800,OOOI_22S:0bb
aoo,ooo
2,820,oool~~\.lf5;l>QO
1~.1;6pp:q09
32,000
500,000
150,000
1,500,oootf~~~~,f250;000
75,000
102,000
100,000
125,000.
453,000
30,000
~2' '~'17'1\nn
~
225,000
650,000
250,000
150,000
350,000
5,050,000
.".......
595,000
600,000
135,000
1 ,330,000
.
3
255,000
o
200,000
50,000
40,000
45,000
g
40,000
200,000
g
225,000
g
o
1,055,000
25,000
2,000
20,000
47,000
4
5=3+4
:. .TOTAL:' ,
Cit,YFUNDS .
<200.1"2002..;
I. ....,.. .....',
o. .255;000 GF / PWTF
o .' '. " 0 GF / T.I.B. ITEA-21
o ' h 200;000 GF / Streets
140,000 190,000 GF / Parks & Rec. / TEA-21
0.,,,' 40;000 GF / Private
45,000 ., ','.' 90;000 GF / Private / Pkg Rev
g , ,,' ' '. GF .' PlJlllIs WeFks Eles. Utility
-40,000 :..;>f.. 'f ,::.~ .:..0 LID Guaranty
200.000.~..., :';),400,000 GF Private I
g GF .' Pulllls 'i\'eFks
o GF / Parks & Rec. / Bond / Other
g GF.' PWTF
444,000 GF / B.R.A.C.
789,000
16,000 ,. ,16,000 GF
100,000 " , .100.000 GF/IT/Utilities
150,000"".150,000 GF
50,000 " .50,000 Real Estate Excise Tax
25,000 GF / Parks & Rec.
20,000 GF / Public Works
20,000 GF / Public Works
125,000 GF / Public Works
25,000 GFITIB
10,000" ". GF/Rotary/Elwha Tribe
541,000 ~;". i .. .,:/'.588,0001
" "',
AiI.iii. .1,330,000 ; '"' ~2,432,OOOI
. " ",
" "", GF
7;.: GF/Flne Arts Center Foundation
: . .' ISTEA Grant
, , .. , ALEA Grant/Community
, GF
. " GF / Parks & Rec. / Grants / Bonds
n:/cfp/01 project order.xls
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PROJECT TOTAL
PRIORITY ID PROJECT TITLE PROJECT
COST
GENERAL PROJECTS
-
1 GG12-99 Laurel St. Slide Repair 200,000
2 GG02-99 Renovate Carnegie Library 1,200,000
3 GG01-01 Laurel St. Stair Repair 225,000
4 GG05-00 Marketing Del Guzzi Dr. Property 40,000
5 GG06-00 Gateway Sign at Deer Park 60,000
6 GG10-99 Valley Creek Restoration 30,000
7 GG08-99 City Server & Software Upgrades 500,000
8 GG13-99 Downtown Convention Center 4,000,000
9 GG02-00 Marine Lab Expansion 5,050,000
10 GG01-00 City Pier Dredging & Piling Replacement 125,000
11 GG03-00 Gateway Parking 2,000,000
12 GG02-01 Laurel St. Pavers [Railroad Ave. - 1st St.] 350,000
FIRE PROJECTS
1 FR01-01 Replace SCBA Compressor 32,000
2 FR02-01 Replace Expired SCBA Bottles 30,000
3 FR10-99 Replace Truck 4 600,000
4 FR05-99 East Side Fire Station 1,850,000
5 FR07 -99 West Side Fire Station 1,350,000
POLICE PROJECTS
PD01-99 IRadio Communications
500,0001
.
PARKS PROJECTS
1 PK01-00 Francis Street Improvement 437,000
2 PK25-99 Waterfront Trail-Valley Crk. 150,000
3 PK23-99 Centennial Trail-ITT to Lees Crk. 250,000
4 PK76-99 Waterfront Trail Through Rayonier 979,800
5 PK16-99 Street Trees - City East Entrance 75,000
6 PK98-99 Remodel/Expand Fine.Arts Center 650,000
7 PK15-99 Pool Enhancements 2,800,000
8 PK03-99 Construct New Parks Shop/ Apparatus Storage 160,000
9 PK26-99 Centennial Trail - Lees Crk to Morse Crk 340,000
10 PK02-99 Lincoln Park Enhancements 300,000
11 PK77 -99 Civic Field Enhancements 100,000
12 PK18-99 Covered Tennis Courts 100,000
13 PK62-99 Golf Course/Rec Complex 6,650,000
14 PK06-99 Pier BreakwaterlWaterfront Park 5,000,000
15 PK05-99 IcelYouth Pavilion.. 3,000,000
STORMWATER PROJECTS
1 DR54-99 Crown Park Storm Overflow 100,000
2 DR02-99 City-Wide Catch Basin Modifications 405,000
3 DR04-99 Lincoln Street Storm Drain 500,000
4 DR14-99 Peabody Creek/Lincoln St Culvert Rehab 400,000
5 DR53-99 Stormwater Discharges Over Bluff 450,000
6 DR65-99 10th And "N" Street Regional Storm Detention 300,000
7 DR03-99 Milwaukee Dr. Stormwater Improvements 1,200,000
8 DR01-01 Albert Street Stormwater Improvements 250,000
TOTAL OF MANDATED GENERAL FUND PROJECTS
TOTAL OF ALL GENERAL FUND PROJECTS
875,000
42,738,800
.
5
PROJECT
PRIORITY 10 PROJECT TITLE
TOTAL
PROJECT
COST
.
STREET PROJECTS & T.I.P.
1 TR61-99 8th Street Reconstruction 2,500,000
2 TR40-99 Lauridsen Blvd/Airport Road Realignment 2,123,000
3 TR03-01 Paving/Chip Seal Program 1,500,000
4 TR01-00 Front Street Sidewalk 213,000
5 TR48-99 Olympic Peninsula Inti Gateway 4,717,999
6 TR08-00 5th/Race St. Signal/Overlay 186,000
7 TR11-99 8th Street Bridges Repairs 300,000
8 TR74-99 Sidewalk Program 350,000
9 TR20-99 Street Bicycle Facilities/Racks/Striping . 102,000
10 TR02-01 Ennis Street Slide Repair 65,000
11 TR33-99 Peabody Street Reconstruction [Front - 8th] 300,000
12 TR03-00 I' Street Sidewalk 150,000
13 TR04-00 Lauridsen Blvd. Sidewalk [Jones - Liberty] 100,000
14 TR26-99 ADA Curb Ramps 100,000
15 TR30-99 8th Street Bridge Replacement Study 150,000
16 TR42-99 Lauridsen Blvd Bridge Widening 2,820,000
17 TR01-01 8th Street Bridge Replacement 15,500,000
18 TR 14-00 Airport Industrial Park Streets 2,000,000
19 TR05-00 Lauridsen Blvd. Sidewalk [Vine - Francis] 100,000
20 TR80-99 Lauridsen BlvdlWashington Street Reconstruct 250,000
21 TR18-99 Lincoln/Blvd Rechannelization and Signal 453,000
22 TR17-99 Truck Route at US101 Intersection 1,150,000
23 TR09-00 16th Street Sidewalk n' St. - 'F' St.] 250,000
24 TR02-00 First Street Sidewalk 200,000
25 TR11-00 10th St. Sidewalk rN' St. - 'M' St.] 375,000
26 TR12-00 10th St. Sidewalk rM' St. - '" St.] 375,000
27 TR02-99 1st and Peabody Signal 200,000
28 TR 10-00 16th Street Sidewalk rF' St. - Stevens Sch] 230,000
29 TR21-99 Lauridsen Blvd Reconstruction [rrk Rt. - 'L'] 1,800,000
30 TR 10-99 10th Street Reconstruction rN' - Milwaukee] 700,000
31 TR07 -00 Park Ave. Sidewalk [Race - Liberty] 400,000
32 TR12-99 Park Avenue Reconstruction [Peabody - Race] 1,000,000
33 TR04-99 Laurel StreeUAhlvers Road Reconstruction 1,200,000
34 TR35-99 Laurel/Lauridsen Signal 175,000
35 TR32-99 9th Street Widening 50,000
36 TR 16-99 18th Street Reconstruction rE' - Landfill] 3,300,000
37 TR 13-00 N' Street Sidewalk [14th St. - 18th St.] 250,000
38 TR14-99 White's Creek Crossing 6,250,000
39 TR70-99 Mt Angeles Road/Porter Street LID 2,000,000
40 TR71-99 10th/13th and "'"rM" Street LID 1,200,000
41 TR97 -99 "C" Street and Fairmont LID 2,300,000
42 TR07 -99 Milwaukee Drive Phase I 2,000,000
43 TR05-99 Hill Street Intersection Reconstruction 300,000
44 TR13-99 City-Wide Traffic SignallnterconnecUPre-emption 500,000
45 TR06-99 8th and "C" Street Signal 200,000
46 TR36-99 Ennis Street Guardrail 66,000
47 TR08-99 Milwaukee Drive Phase II 3,500,000
48 TR69-99 Rhoads Road Area LID 840,000
.
TOTAL OF MANDATED STREET PROJECTS
TOTAL OF ALL STREET PROJECTS
100,000
64,790,999
.
6
.
PROJECT TOTAL
PRIORITY 10 PROJECT TITLE PROJECT
COST
CITY of PORT ANGELES LIGHT PROJECTS
1 CL39-99 Upgrade "'" Street Substation 645,000
2 CL03-99 "0" Street Reconductoring 123,000
3 CL02-99 10th Street Reconductoring 56,000
4 CL01-00 I' Street 1201 Rebuild 65,000
5 CL84-99 Laurel Street Rebuild 108,000
6 CL23-99 Landlocked Facilities Conversion 350,000
7 CL03-00 Load Tap changer Oil Processors 45,000
8 CL82-99 Light Warehouse 60,000
9 CL85-99 Fiber Optics Backbone 10,672,500
10 CL83-99 Ediz Hook OH - UG Conversion 500,000
11 CL06-99 Install Substation Circuit Switches 300,000
12 CL07 -99 Airport Industrial Park 707,000
13 CL02-00 Lauridsen Blvd. Rebuild 65,000
14 CL22-99 Electric SCADA System 61,000
15 CL20-99 Construct Golf Course Rd Sub 556,000
16 CL 18-99 Construct Transmission Line 150,000
17 CL65-99 UGA Electric Customers 2,000,000
18 CL78-99 Light Operations Center 917,000
TOTAL OF MANDATED LIGHT FUND PROJECTS
TOTAL OF ALL LIGHT FUND PROJECTS
244,000
17,380,500
.
SOLID WASTE
1
2
SW31-99
SW35-99
Landfill Transfer Station
Landfill Closure
2,000,000
5,000,000
TOTAL OF MANDATED SOLID WASTE PROJECTS
TOTAL OF ALL SOLID WASTE PROJECTS
5,000,000
7,000,000
WATER PROJECTS
1 WT12-99 Annual Replacements 975,000
2 WT59-99 Black Diamond Reservoir 900,000
3 WT37 -99 Water SCADA 150,000
4 WT31-99 Peabody St. Reservior Cover 405,000
5 WT02-99 Concrete Cylinder Pipe Replacement 2,000,000
6 WT03-99 Inter-Tie of High Service Area 770,000
7 WT 46-99 New High Zone Southeast Reservoir 3,250,000
8 WT55-99 Pipeline to New High Zone Reservoir 585,000
9 WT64-99 McDougal Subzone Fire pump 75,000
10 WT56-99 Spruce Street Fire Pump 75,000
11 WT30-99 Downtown Watermains/Sidewalks III 2,000,000
12 WT65-99 UGA Water Customers 500,000
13 WT01-00 Airport Industrial Park Water Line 1,310,000
14 WT01-99 Golf Course Road Water PRV's 110,000
15 WT57 -99 Elwha PS Disinfection 175,000
16 WT32-99 Corrosion Control Facility 380,000
17 WT02-01 Water Treatment Facility 10,000,000
TOTAL OF MANDATED WATER PROJECTS
TOTAL OF ALL WATER PROJECTS
1,305,000
23,660,000
.
7
. PROJECT TOTAL
PRIORITY ID PROJECT TITLE PROJECT
COST
.
WASTEWATER PROJECTS
1 WW28-99 Backup Generator 100,000
2 WW27 -99 Annual Replacements Lines 675,000
3 WW25-99 Sewer Pump Stations 1 & 3 Improvements 600,000
4 WW36-99 Compost Facility Upgrade 1,000,000
5 WW26-99 III CSO Reduction 675,000
6 WW01-01 Annexation Interceptor Sewer Main 5,500,000
7 WW05-99 Golf Course Road Sewer Interceptor 1,000,000
8 WW02-00 Airport Industrial Sewer 1,100,000
9 WW03-00 Lindberg Rd. Sewer 1,000,000
10 WW04-99 Laurel Street Outfall Extension CSO Reduction 180,000
11 WW06-99 Oak Street Outfall Extension CSO Reduction 200,000
12 WW02-01 Francis Street Reservoir 10,000,000
TOTAL OF MANDATED WASTEWATER PROJECTS
TOTAL OF ALL WASTEWATER PROJECTS
11,055,000
22,030,000
:/cfp/01-06cfp.xls
.
.
8
~. -- :'_._~--
Presented to City Council at its meeting of June 18, .
2001, by Kevin Duncan, Ebey Hill
';'"
Before The Council Of The City Of Port Angeles
June 18, 2001.
I appreciate this opportunity to address the elected leaders and the
staff of the City of Port Angeles.
I am here as a representative of Ebey Hill Hydroelectric Inc. to
express my continued disappointment and "frustration with the City's
Leadership and staff for their inability and incompetence to assemble
a contract for the lease of the Morse Creek Hydroelectric Project.
\
I first contacted City staff in November of 1999 when FERC published
the Order Conditionally Accepting the surrender of the License for the
Morse Creek Hydroelectric Project. The City accepted the proposal
from Ebey Hill Hydroelectric, Inc. to lease the Morse Creek
Hydroetectric Project in April 2000. The City has been working on the
Lease Agreement and continually modifyina it from the oriainal.
mutually aareed proposal ever since.
1
"
'.'
The most recent proposed change to the proposed lease effectively
reduces the operating .days to only a few each year. This change
alone makes the project not cost effective for anyone to operate.
Other recent proposed changes to the proposed lease put an
unacceptable level of liability to the lessee (this is not Grand Coulee).
Quickly approaching is a window of time needed to make necessary
repairs to the project's pipeline. This repair window is critical to
maintain the FERC license. ,Miss it and the project is terminated
anyway. Finally, the City and Ebey Hill Hydroelectric should be
I
working together for common benefit of three parties, the City, its
citizens and Ebey Hill Hydroelectric. The City is moving away from
our agreement arid what is best for all parties. I have serious
concerns if a contract were to be signed and an issue came up where
we became adversarial, that years may go by before a solution was
reached.
2
'1
..
."
At this point in time I have no faith or trust that the City or its Staff can
fulfill its promises either verbally or in contractually. Therefore, I do
not believe, at this point in time, that a properly executed lease for the
Morse Creek Hydroelectric Project could be successful for either of
us.
Since I met with some of the City's staff and elected representatives
two months ago, I have CONTRACTED, permitted, designed,
procured and installed 32 MW worth of diesel co-generation at three
other PUD's in the state... IT CAN BE DONE.
I am aaain asking the City to sell the Morse Creek hydroelectric
Project to Ebey Hill Hydroelectric with the same Terms and
Conditions that I have previously presented to the City in December
of last year. Please Consider the Sunken Costs. Please Consider
the ongoing Hidden Costs. Please beware of the $COSTS$
associated with the FERC License surrender should the project be
terminated.
3
1 .
As Elected Representatives and Trusted Caretakers of the assets
/
belonging to the Citizens of the City of Port Angeles you have an
obligation to perform those duties. You now have an opportunity to
receive money for the previous investment in the project (well above
fair market value) or spend a large sum of money to complete the
termination of Morse Creek Hydroelectric Project as required by the
Federal Energy Regulatory Commission's order to the City dated
November 1999.
Thank you,
'--,:
Ebey Hill Hydroelectric
Kevin T. Duncan
4
~-t '.,
.. I . #.
, .'
,
L__
MAIN POINTS
. The City's intent to increase the minimum flows to 100 CFS
outside of the existing FERC license flow schedule
. Miss the window of opportunity to repair the leak in the
penstock forcing FERC to rescind the license
. The City's changes to the Lease have caused severe negative
liability impacts to the project.
. Lack of faith with the City that it could carry out its obligations in
a timely manner
. Sell the' project to Ebey Hill Hydroelectric
5
i-:--
Presented to City Council at its meeting of June 18,
2001, by Kevin Duncan, Ebey Hill
x1J
HYDRO. CURRENTS
,----
BQost in Permit Applications Coincides with Higher Power Prices
While western u.s. power prices are soaring, the Federal Energy
Regulatory Commission is processing a growing number of preliminary
permit applications to study sites for hydro projects, almost exclu-
sively in the West. During all of fiscal year 2000, which ended last
September, only 28 permit applications were filed with FERC -_~22 of
those after Aug. 1, 2000. For the 2001 fiscal year beginning in Octo-
ber 2000, FERC has received more than 85 preliminary permit applica-
tions, ranging from about five per month in October 2000 to nearly
35 per month by March 2001.
FERC Urges Western ,Hydro OWners ~o Eke Out New Generation
In response to the energy crisis plaguing California and the
West, FERC is urging 326 hydro projects in 11 western states to find
ways to increase generation, either by capital improvements or by op-
erational changes. FERC issued an order March 14, calling on hydro
licensees to evaluate whether it is possible to increase power genera-
tion at their facilities by adding new units, upgrading generators
through rewinding, or upgrading turbines through runner replacement.
Licensees also 'were urged to propose operational improvements such as
improving coordination of upstream and downstream plants, increasing
hydraulic head, and expanding computerization.
Senate Democrats Introduce Pro-Hydro Legislation
u.S. Senate Democrats have introduced energy bills including
language to improve the hydro licensing process and to create Lncen-
'tives to install incremental hydropower at existing facilities. Al-
though the Democrats' hydro language was not as far-reaching as that
introduced by Republicans, the 'hydro industry immediately embraced the
Senate minority's initiative. The bills represent a symbolic victory
forhydropower.because, in several instances, hydro is mentioned among
technologies to be promoted as renewable energy - a fact the hydro
industry has struggled to impress upon Congress.
SCE Deal with California Includes Hydro Plant uBackup" Option
Southern California Edison and California Gov. Gray Davis reached
agreement' for the struggling utility to sell i~s transmission system
to the state for $2.76 billion and use its power plants to provLde
low-cost power to the state for ten years. If the grid sale does not
occur within two years, the accord includes a "backup" provision under
which SCE might sell its hydro assets, totaling 1,156 MW, to the state
for $1.5 billion. SCE also would grant perpetual conservation ease-
ments for 21,425 acres around its hydro facilities. Meanwhile, Pacific
Gas & Electric Co. filed for bankruptcy, citing unreimbursable energy'
costs that were increasing by more than $300 million per month, and a
stalemate in negotiations with Davis on plans to recover $9 billion
spent for wholesale power.
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.
..
Presented to-CitY Council at its meeting oTJune-18,
2001, by Kevin Duncan, Ebey Hill
I .
UNITED STATES OF AMERICA 95 FERC <[ 61,015
FEDERAL ENERGY REGULATORY COMMISSION
Before Commissioners: Curt Hebert, Jr., Chairman;
William L. Massey, and Linda Breathitt.
Puget Sound Energy, Inc.
Project No. 2150-,020
ORDER DISMISSING PETITION
(Issued April 2, 2001)
On January 16, 2001, Conservation Groups filed a petition to initiate formal
consultation under the Endangered Species Act (ESA) and to impose new interim and
permanent operating conditions for the Baker River Project No. 2150.1 The project is
located on the Baker River, a tributary of the Skagit River, in Whatcom and Skagit
Counties, Washington, and occupies lands of the United States within the Mt. Baker
National Forest. In their petition, Conservation Groups assert that these measures are
required because the project affects Puget Sound chinook salmon, a threatened species of
fish. F'or the reasons discussed below, we dismiss the petition without prejudice to its
reIlewal after the Commission determines what actions may be appropriate with respect to
the project.
BACKGROUND
lConservation Groups. consist of Washington Trout,' Washington Environmental
Council, American Rivers, People for Puget Sound, Northwest Ecosystem Alliance,
Skagit Audubon Society, Center for Environmental Law and Policy, Federation of Fly
Fishers, and the Wild Salmon Center. Petition at 1. .
Project No. 2150-020
-2-
The Commission issued a 50-year license to Puget Sound Power & Light Co.
(Puget) for the Baker River Project in 1956.2 The project consists of two dams and
reservoirs and associated hydroelectric generating facilities, known as the Upper and
Lower Baker River developments. The Lower Baker River development was constructed
in 1927 and modified in 1956, when the Upper Baker River development was
constructed. The two developments were licensed together as a single project in 1956.3
In addition to generating power, Puget is required to provide up to 100,000 acre- feet of
storage in its reservoirs each year for flood control.
On March 24, 1999, the National Marine Fisheries Service (NMFS) listed Puget
Sound chinook salmon as a threatened species.4 NMFS later-designated critical habitat
for the species on February 16,2000.5 The designated critical habitat includes all marine,
estuarine, and river reaches accessible to listed chinook salmon in Puget Sound.
Sometime in the fall of 2000, Puget began drawing down the Lower Baker
reservoir in anticipation of conducting scheduled maintenance and upgrading the turbine
runner for Lower Baker Unit No.3. On November 22, 2000, Puget shut down the Baker
Project. The Project resumed operating on November 28, 2000. Some of the facts
surrounding this shutdown and its effects on salmon redds (spawning beds) in the Skagit
River are in dispute, and form part of the basis for the Conservation Groups' petition.
On December 5,2000, the Commission's Portland Regional Office 20ntacted Puget
regarding a newspaper report about a fish kill at the Baker River Project. According to
the telephone record of the conversation, Puget explained that the incident involved the
2Puget Sound Power & Light Co., 15 FPC 1496(1956). The Commission
approved the licensee's request to amend the license to reflect its new name, Puget Sound
Energy, Inc., on August 19, 1997. See 80 FERC <][ 62,155.
3The Commission initially determined that the Upper Baker River development did
not require a license, but later required it to be licensed together with the proposed Lower
Baker River development because the two developments would be hydraulically and
elec~cally connected and could affect the navigable Skagit River below its confluence
with Baker River. 15 FPC at 1497-98.
4
See" 64 Fed. Reg. 14308 (March 24,1999).
5
See 65 Fed. Reg. 7764 (February 16, 2000).
Project No. 2150-020
-3-
stranding of redds on the main stem of the Skagit River, downstream of the confluence
with Baker River. The Lower Baker unit was shut down on Thanksgiving weekend due
to lack of water. The City of Seattle~ Washington, licensee for the Skagit River Project,
stopped generating during the same time frame for the same reason. This caused flows in
the Skagit River in Concrete, Washington to drop to about 6,800 cubic feet ,per second
(cfs).During this period, a biologist in Concrete observed exposed chum salmon redds in
the Skagit River. Because of below-normal precipitation in the basin, both utilities were
.. working with the fishery agencies to address the low \Vater conditions.6
6See Record of telephone call by Ron White, FERC, to Charles Morton, Puget
(dated December 5,2000).
I .
I
I
Project No. 2150-020
, -4-
(
On December 15,2000, NMFS and the Fish and Wildlife Service (FWS) wrote to
Puget, expressing concern about the effects of operation of the Baker River Project on
chinook and chum salmon redds in the Skagit River.' NMFS and FWS (the Services)
noted that they had been meeting almost daily for the last two weeks with representatives
of Puget, state agencies, and Indian tribes to discuss a plan for operating the project to
provide instream flows in the Skagit River, and stated that they would continue to meet
I" frequently with Puget to discuss the plan's assumptions. The Services also recommended
that Puget discuss with the Commission staff the need to start the ESA Section 7
consultation process, continue to coordinate with the Services and other resource
agencies, and implement the agencies' recommendations on instream flow releases.
Puget responded by letter dated January 10, 2001, disagreeing with some of the
factual assertions in the Services' letter but stating its intent to remain a "responsible
steward." Puget expressed interest in initiating early consultation with the Services for
the upcomi~g relicensing proceeding for the project, as well as addressing matters of /
interest to the Services pending relicensing. Puget also requested the Services to
encourage the participation of the City \of Seattle, licensee for the Skagit River Project
No. 553, located on the Skagit River upstream of its confluence with the Baker River,
because the Baker River Project could control only about 15 to 18 percent of the water
flowing into the Skagit River. Puget expressed interest in working with the Services, the
Commission, and the City of Seattle to optimize the projects' power generation, protection
of listed species, and mitigation of the effects of the region's dry weather cyc1e.8
1 7 Chum are neither threatened nor endangered, but are part of the prey base for bull
tr6ut andl)aIct-eagles, both of which are listed as threatened under the ESA. The
Secretaries of I.:rrterioI_-an.d.J;;9m!l1~r~e. h~:ve.delegated their Section 7 consultation .
responsihilities to FW~an9NMFS, respectively. NMFS is responsible for marineapd
anadromous species, and FWS is responsible for all other species. See 50 CFR 402.01.
8Puget file.d on January 11,2001, copies of the Services' December 15,2000 letter
Project No. 2150-020
-5-
and Puget's January 10, 2001 response.
Project No. 2150-020
-6-
On January 16,2001, Conservation Groups filed their petition, requesting that the
Commission initiate formal consultation with NMFS under Section 7(a)(2) of the ESA
and impose new interim and permanent operating conditions for the BakerRiver Project
to conserve Puget Sound chinook and other salmonids in the Skagit River. That same
day, they also filed a 60-day notice of intent to sue the Commission and NMFS under
Section 11 (g) of the ESA.9 Among other things, Conservation Groups alleged thatlO
916 U.S.c. ~ 1540(g)(1). Under this "citizen suit" provision of the ESA, any
person may file a civil action to enjoin any person (including the United States) from
violating the ESA, or to compel the Secretary (of the Interior or Commerce) to act in
accordance with the ESA. The 60-day notice is a statutory prerequisite to filing an action
under this provision. Thus far, the only court to ha\re entertained such a suit against the ...
Commission dismissed the action, holding that, under the FP A, the Courts of Appeals
have exclusive jurisdiction over any challenge to the Commission's action or inaction
regarding a hydroelectric facility's license.. See Southwest Center for BiologiCal Diversity
v. FERC, 967 F. Supp. 1166,1175 (1997). In addition, persons seeking judicial review of
Commission actions with respect to the ESA must first seek rehearing from the
Commission of a final agency order. See American Rivers v. FERC, 170 F.3d 896 (9th
Cir. 1999).
lOp. . 2'
etItlOn at .
. f
Project No. 2150-020
-7-
reductions in flows resulting from poorly coordinated shutdowns of the
Baker River project and other project operations have dewatered many
miles of Puget Sound chinook spawning habitat on the lower Skagit River
killing or injuring thousands of chinook salmon eggs deposited in hundreds
of redds (nests) in this reach of the river.
On February 12, 2001, Puget filed a letter with the Commission Secretary,
requesting that it be appointed as the Commission's non-federal representative to conduct
consultation with the Services for the Baker River Project. Puget expressed interest in
initiating early consultation for relic en sing the project, and stated that these discussions
could address matters of interest to the Services pending relicensing. Puget stated that it
had already developed, in consultation with the Services, a proposed arrangement for
near-term operations to help mitigate the effects of low instream flows' resulting from
unusually dry weather conditions. Puget added that, during the months of November
through January, it had operated the project reservoirs in consultation with the resource
agencies and tribes to conserve and use water for fish protection. Puget reported that,
because of the continuing drought, its reservoir storage would soon be exhausted, and the .
Services and resource agencies had agreed on a plan that would have Puget begin its
project maintenance and efficiency upgrade in the first week of March or thereafter, but
no later than April 1 , 2000. This would enable Puget to conduct the work and conserve
water in the reservoirs so that the Lower Baker reservoir could be filled to spillway crest
by June 25,2001, even if dry weather conditions persisted. Puget could then spill water
from the reservoir periodically for fish protection.
On February 15,2001, Puget filed an answer to the Conservation Groups' petiti()n..
Among other things, Puget argued that, because it was already consulting with the
Services and had reached consensus with them about near term operation of the project,
the petition was moot and should be dismissed. Puget also raised various procedural and
factual objections to the petition.lI
lIOn February 21, 2001, Conservation Groups filed what they termed a reply in
support of their petition, arguing that it was not moot. On February 28,2001, Puget filed
a motion to strike the Conservation Groups' reply on the grounds that it was an "answer to
an answer" prohibited by 18 CFR 385.231(a)(2). Puget is correct that Conservation
Groups' reply is prohibited by our rules. In the interest of assuring a complete record,
however, we have considered both the "reply" and the motion to strike, and deny the
motion as unnecessary in light of our decision to dismiss the petition without prejudice.
Project No. 2150-020
-8-
On February 26,2001, NMFS filed a letter with the Commission Secretary,
requesting that the Commission initiate formal consultation pursuant to Section 7(a)(2) of
the ESA "with respect to the continuing adverse effects of project operations pending the
issuance of a new license." NMFS supported Puget's request to act as the Commission's
non-federal representative for this purpose, as well as for early consultation on project
relicensing,\and encouraged the Commission to assess the cumulative impacts of the
Baker River Project together with the upstream Skagit' River Project No. 553. NMFS also
noted its agreement with the planned arrangements for Puget's near-term operations,
scheduled maintenance, and turbine upgrade. NMFS acknowledged that the persistent
lack of precipitation in the Pacific Northwest was a major factor contributing to adverse
effects on salmon and their habitat, but also stated that "this situation underscores the
need for formal consultation. ,,12
On March 5, 2001, the Director of the Commission's Division of Environmental
and Engineering Review, Office of Energy Projects, wrote separate letters to NMFS and
FWS, informing them that the Commission was designating Puget as its non-federal
representative to conduct consultation with each agency. The Director explained that, for
early consultation on relicensing, the role of the non-federal representative includes
conducting studies, developing and supplying information, attending meetings, ensuring
that pertinent endangered species information is maintained in a project\file, developing a
draft biological assessment, participating in consultation, and keeping the Commission
informed of its activities. The Director also stated that, during the consultation for
ongoing operations pending relicensing, Puget will prepare and file with the Commission
a draft biological assessment that evaluates the potential effects of operating the Baker
River Project on threatened Puget Sound chinook salmon, bull trout, and bald eagles. The
Director expressed interest in combining the consultation process with NMFS and FWS
for these species, including the development of a joint biological assessment and joint
12Letter from Brian J. Brown, NMFS, to David P. Boergers, FERC, at 2
(February 26,2001).
Project No. 2150-020
-9-
biological opinion, and stated that the Commission staff will help facilitate a joint
corisultation process.
DISCUSSION
In their petition, Conservation (]roups seek three things. First, they request that
the Commission initiate formal consultation with NMFS under Section 7(a)(2) of the ESA
"regarding the adverse effects of the Baker River hydroelectric project on Puget Sound
chinook salm<;m and the salmon's designated critical habitat." Second,.they request that
the Commission commence proceedings under Article 33 of the project license to develop
new license conditions that will conserve Puget Sound chinook salmon and other affected
salmonids, "based on the recommendations of the pertinent resource agencies, with input
from other interested parties, and in accordance with Section 7 of the ESA." Third,they
reques,t that the Commission impose, on an emergency basis pursuant to Article 33, after
notice and an opportunity for a hearing, "interim flo~ criteria developed in consultation
with the appropriate resource agencies.\that will prevent further harm to incubating
c ,',!:. .1', .
chinook salmon eggs and rearing chinook salmon juveniles in the Skagit River while the
above proceedings are underway.,,13 As explained below, each of these requests is
premature.
Formal ESA Consultation
13p" 12
etltlOn at - .
Project No. 2150-020
-10-
Conservation Groups argue that, because ongoing operation of the Baker River
Project may affect salmonid reproduction in the Skagit River and the Commission has
retained "discretionary involvement or control" over this operation by means of the
reserved authority in Article 33 of the license, Section 7(a)(2) of theESA requires the
CommissIon to initiate formal consultati~n with NMFS.14 In support, Conservation
, Groups assert that, under Pacific Rivers Council v. Thomas,15Jhe Commission's
reservation of authority to make changes to the license constitutes "ongoing agency
action" that triggers the formal consultation requirement.
/ ,
In our recently-issued Phelps Dodge order, we considered this argument at length
and rejected it. We found that it "improperly blurs the distinction between the
Commission's discretion to act and the actual exercise of that discretion, thus ignoring the
statutory requirement that ESA consultation be premised on a federal agency's action. ,,16
- 17 r
We explained:
;
. i
; j
i I
: I
\
\
Ongoing operation of a licensed hydroelectric project does not require any
i,/ particular action on the Commission's part. It is the licensee that is
!! authorized~ pursuant t~ the license, to continue to operate the project.
'I
.1 i Unless the licensee seeks to make changes to project operations or facilities
I that are not authorized by the license, no Commission action is required.
Thus, ongoing operation of the project constitutes private, not federal
action; The Commission does not "oversee" the operation of a project in
I
the sense of managing or controlling it; the licensee i/s responsible for
managing and operating the project in accordance with the terms of its
license. If the Commission determines that a change in those terms is .
,!
:)
14Section 7(a)(2) of the ESA requires ea~h federal agency to ~onsult with FWS or
NMFS, as appropriate, to "insure that any'action authorized, funded, or carried out by
such agency. . . is not likely to jeopardize the continued existence" of any endange,red or
threatened species, or to "result in the destruction or adverse modification" of critical
habitat for those species. 16 U.S.C. g 15.36(a)(2). .
15Pacific Rivers Council v. Thomas, 30 F.3d 1050 (9th Cir. 1994), cert. denied,
514 U.S. 1082 (1995).
16Phelps Dodge Morenci, Inc., 94 FERC <][ 61,202 at pp. 61,750-51 (2001).
17
Id. at p. 61,753.
.
Project No. 2150~020
-11-
needed, we must take action to change them pursuant to authority reserved
in the license.
~!, Thus, there is currently no proposed federal agency action that could provide a basis for (II
initiating formal consultation under Section 7(a)(2) of the ESA. ' iJ
Puget maintains that, because consultation with NMFS is ongoing, Conservation
11 Groups' request to initiate formal consultation should be dismissed as moot. We agree
~ that the request for formal consultation should be dismissed. However, we find that it is
\ not moot, but is instead premature.
In our Phelps Dodge decision, we also discussed at length how the Commission
responds to concerns about possible effects of ongoing operations of licensed
h dr 1 . . 1. "d . .. 18
Y oe ectnc projects on!ste specIes; statmg: '
[W]hen the Commission becomes aware of information to suggest that
ongoing operation of a project may affect a threatened or endangered
species, it is our practice to direct our staff to investigate the situation, in
consultation with the licensee, the FWS (or NMFS, as appropriate), and any
other interested participants, to determille what effects, if any, may be
occurring, and what changes, if any, should be considered to avoid or
mitigate those effects or to benefit the listed species. If changes are
considered either necessary or desirable, the Comniission can then institute
a reopener proceeding to require them, or can entertain a voluntary
amendment application from the licensee. In either case, Commission
action would be required to accomplish the change, thus providing the
requisite federal agency action for formal ESA consultat~on.
18Id.
.
Project No. 2150-020
-12-
The same approach is called for in this case. Conservation Groups have provided
evidence indicating that there may be a basis for concern about the effects of ongoing
operation of the Baker River Project. However, as demonstrated in Puget's answer to the
petition, the facts are in dispute, and Puget's ability to influence flows in the lower Skagit
River may be limited by some factors that appear to be beyond its control. The
Commission stafr'has appointed Puget to act as the Commission's non-federal
representative to consult with NMFS, and Puget will prepare a biological 'assessment of
the effects of ongoing operation of the project. Depending on the outcome of that
assessment, NMFS may decide to prepare a biological opinion?9 Until more information .
is developed through consultation, we will not know what actions may be appropriate
with respect to ongoing operations at the Baker River Project. As noted, there is currently
no proposed federal agencyaction that could provide a basis for initiating formal
consultation under Section 7(a)(2) of the ESA. Therefore, Conservation Groups' request
is premature at this stage.
New Permanent Operating Conditions
Conservation Groups request that the Commission commence proceedings under
Article 33 of the license to develop new permanent license conditions for the
conservation of threatened Puget Sound chinook salmon and other affected salmonids in
the Skagit River. Article 33 allows the Commission, after notice and an opportunity for a
hearing, to require the licensee to comply with "reasonable modifications in project
structures and operations in the interest of conserving fish and wildlife resources. ,,20
19If, based on that assessment, the Commission and NMFS agree that any
proposed federal actions with respect to ongoing operations are not likely to adversely
affect listed species or critical habitat, formal consultation will not be required in any
event. See 50 CPR 402. 13(a).
/' 20 Article 33 provides:
The licensee shall construct, operate, and maintain or shall arrange for the
construction, operation and maintenance of such ladders, traps, hatcheries,
or other facilities or protective devices for'the purpose of conserving fish
and wildlife resources, and comply with such reasonable modifications in
, project structures and operations in the interest of conserving fish and
wildlife resources as may be prescribed hereafter by the Commission upon
recommendation of the Secretary of the Interior, the United States Forest
Service and the Departments of Fisheries and Games of the State of
Project No. 2150-020
-13-
Conservation Groups maintain that the Commission must take this action pursuant to
Section 7(a)(I) of the ESA, which requires federal agencies to "utilize their authorities in
furtherance of the purposes of [the ESA] by carrying out programs for the conservation of
endangered species and threatened species. ,,21
Puget maintains that Conservation Groups' request is both premature and
uninformed, arguing that minimum flow requirements would eliminate operational
flexibility for the Baker River Project at a time when it is most needed. Puget also raises
Washington, after notice and opportunity for hearing. Tn addition, the
Commission may, upon recommendation'of the aforesaid agencies, req~ire
the licensee after notice and opportunity for hearing to reserve from public
access such project waters and adjacent project lands owned by the licensee
and to acquire or arrange for the acquisition of such other lands as may be
reasonably necessary for the protections and management of fish and
wildlife resources affected by the project.
21 .
16 D.S.C. ~ 1536(a)(I).
\
Project No. 2150-020
-14-
a number of procedural objections to the Conservation Groups' request to institute a
reopener proceeding. We net~d not address those objections, because we agree that the
request to reopen the license under Article 33 is premature.
Before considering whether to require any changes under Article 33, we will need
to review the information that will be developed during Puget's ongoing consultation with
NMFS, including Puget's draft biological assessment and any biological opinion that
NMFS may decide to prepare. At that point, we will determine what action may be
appropriate with regard to the project, including whether to institute a reopener
proceeding under Article 33. Again, Conservation Groups' request is premature at this
stage.
New Interim Operating Conditions
Conservation Groups request that we impose interim flow criteri~ on an emergency
basis, after notice and an opportunity for a hearing pursuant to Article 33, and that these
, criteria be developed in consultation with the appropriate resource agencies. Puget argues
that imposing "immediate" or "emergency" measures without awaiting the results of
ongoing consu}tation could result in inappropriate and irretrievable commitments of
Baker Project and Skagit River resources, contrary to Section 7(d) of the ESA. As an
example, Puget states that, if it had released water during the Thanksgiving weekend .
shutdown instead of conserving it, Puget would not have been able to release more water
later to help prevent damage to salmon eggs and fry.
"
We agree that the Conservation Groups' request is premature. We are also
concerned that imposing specific minimum flows and ramping rates without awaiting the
results of ongoing consultation could have unintended negative consequences. The
record shows that Puget has been working closely with the Services and other interested
participants regarding the day:"'to-day operation of its project. If specific interim
protective measures are either necessary or desirable, we fully expect that they will be
developed as part of the ongoing consultation.
For all these reasons, we conclude that the Conservation Groups' petition is
premature. We therefore dismiss it without prejudice to ,its renewal after completion of .
consultation and our review of what actions may be appropriate for the Baker River
Project.
Project No. 2150-020
-15-
The .Commission orders:
The petition filed by Conservation Groups on January 16,2001, is dismissed
without prejudice.
By the Commission.
(SEAL)
Linwood A. Watson, Jr.,
Acting Secretary.
,.
Ebey Hill Hydroelectric, Inc.
25829 Jim Creek Road
Arlington, WA
98223
Presented to City Council at Tts meeting of June 18,
2001, by Kevin Duncan, Ebey Hill
-. ,
..
December 29, 2000
Scott Mclain
321 East Fifth Street
Port Angeles, WA
98362-0217
Dear Mr. Mclain:
_ Thank you for the opportunity to make the City an offer to purchase the Morse Creek
Hydroelectric Project.
I have found it to be a challenge to put a monetary value on the Morse Creek Hydroelectric
Project. There are several methods or approaches that one could use to assign value to the
Project. One approach could be to use the original cost of the Project, another approach
would be use the replacement value of the equipment, still anothe~ approach would be its
value to the market.
In the early and mid 1980's the FERC was overwhelmed with applications for hydroelectric
lice,nses. The FERC even opened a new office in Portland, Oregon to cope with the
demand for new license applications and project modification requests.
Many new manufacturing facilities for hydraulic turbines sprung up ovemightto meet new
industry demands for hydraulic turbines. Some of these manufacturers worked out of home
garages while others were national recognized, but had not built a turbine in years.
While the replacement cost for hydraulic turbines is only about one fifth (20%) of what it was
in the mid 1980's the rest of the electrical equipment found in the powerhouse has remained
at about the same value as it was then.
I don't think that anyone with any hydroelectric experience would disagree that the Morse
Creek Hydroelectric Project has no value without the FERC License. In tact, the Morse
Creek Hydroelectric Project is a considerable liability to the City. It should not come to
anyone's surprise that the cost to remove the equipment from the powerhouse and the
restoration of the Project site would greatly exceed the value from the sale of the equipment.
Hydraulic turbines are built site specific and have little value in the used market. This is
because hydraulic turbines have to be matched exactly to -the hydraulic head and water flow
of a specific site. To a lesser importance but still critical is the elevation_ of the hydraulic
turbine above sea level. Another important consideration when designing a hydraulic
turbine is the material that the runner is made from. Each site will have varying levels of
suspended silt in the water. This is a critical consideration if normal-life of the runner is
expected. A final but equally, important consideration when attempting to determine the
value of a used turbine is that most hydroelectric projects are financed by a commercial
institution. Used equipment, especially ones without warranties of, performance or
guaranties of any kind are not usually worth the reduced capital costs for the turbine or the
risk of the installation costs and are therefore not usually acceptable.
.
. Page 2
December 30, 2000
One could argue that the value of the Morse Creek Hydroelectric Project is the replacement
value of the sum of the equipment installed minus its liabilities. Another argument might be
the projects value on the open market, if one could find a market. I would like to believe that
neither of the above two arguments is valid. Rather than use either of the above methods, I
will value the project based on expected net revenues that could be reasonably expected to
generate.
It is on this' basis that I making this offer. I would like the City to seriously consider this offer
after considering its own experience with developing, owning and operating the Morse
Creek Hydroelectric Project. ,I have included an article on "RISING ABOVE SUNK COSTS",
"FOCUS ON WHAT'S BEST FOR YOUR COMPANY'S FUTURE" that I found in Industrial
Weeklv magazine. I think that the magazine article applies very well. to the Morse Creek
Hydroelectric Project.
First, I will clarify what I am offering to purchase: any and all liabilities associated with the
Projects FERC License, diversion dam, headworks equipment, penstock, powerhouse,
powerhouse equipment, and electrical transmission equipment. Title to the Projects
diversion dam, headworks equipment; penstock, powerhouse, powerhouse equipment, and
electrical transmission equipment. The unobstructed right of ingress and egress over the
entire Project. The FERC License, the Water Right (except for emergency domestic water
supply needs for the people of Port Angeles by the City of Port Angeles). In consideration
for the above,1 am offering $103,472.00 cash, payable on demand.
Second, I will clarify what I am no! offering to purchase: any real property.
Third, I propose to lease from the City, the real property directly associated with the Project.
The real property lease would not necessary limit its use exclusively to the production of
electricity and would be available to the City for other uses the City deems appropriate. In
,consideration for the above, I am offering to lease from the City, for a period of 50 years, at
the rate of $972.00 per year, payable in a single lump sum ($48,600) at the time of
expectance of this offer.
To show my intentions of the good faith of this offer, I have included a receipt for a check of
$10,000, deposited in an escrow account.
This offer expires after January 25th 2001.
I look forward to the opportunity to discuss these with you in person.
Respectfully yours,
Kevin T. Duncan
'Project Manager
Ebey Hill Hydroelectric, Inc.
, .
FINANCE
BY KAREN KROU
f~ ;Jh~~A jt.-v 'ThA~t Itch-.OeM
W~'1tfH 0--) OfM 6Lv.;J"(..tJj~
'Dr '1J'1/V?lJYJ
RISING AOOVESUNK COSTS
Focus ON WHAT'S BEST FOR YOUR COMPANY'S FUTURE. .
. The name is arcane. But.ifyou've
ever shelled out major dollars for auto
repairs only to discover that you would
. have been better offbuyinga new car,
you're acquainted with sunk costs.
Quitesi~p'ly,it's mon"ey you've
spent' and can't recoup. :
In the corporate world, sunk costs
are in play in a big way when you're
agonizing over whether to contitiue to
invest in a money-losing project or
shut it down. Or when you're tom
. between walking away from existing,
highly usable production equipment
and investing in newer, faster, more
efficient machines.
As a general rule, shutting the
project down orwalking away ftom the
old macbiries is exactlywbat you ShoUld
do:.Investn1elits shOuld he based strictly
on the co~ o.f action that promises
the highest futUre rate'or return. .
But it's not easy to ignore the
money you've already sunk into the
project or production equipment.
You probably feel responsible for
the money you've already spent, says
Daphne Main, an associate professor
at the University of New Orleans.
And ignoring that reality is likely to
make you feel you're being derelict.
What's more, you may be con-
cerned about appearances. Specifi-
cally, you may be worrying that
a change of course will make your
first decision appear to have been a
mistake. And if your performance and
career are judged mainly on the out-
comes of decisions, it would be only
human to worry about appearances.
Nevertheless, get over it!
Steeling yourself to focus on what's
best for the future is good for the bot-
tom line. Just ask John McCann, pres-
ident of Athens, Ga.-based McCann
'~s a general rule,
shutting the project down
or walking away from
the old machines is
exactly what you
should do."
Aerospace Machining Corp.~ a tier-.\..
one supplier to such firms as Boeing
Co. and Lockheed Martin Corp.
During the last decade, revenues at
McCann Aerospace have increased
1,600% and the number of employees
has quadrupled to 100. In addition,
McCann's growth has occurred at a
time when many of its competitors
have been tightening their belts.
McCann says.a willingness to
continually look ahead and invest for
the future has been critical to his com-
pany's success. '~Ifwe didn't do that,
we would either be out o.f the industry
or out of the business," he says.
And how does he avoid being sunk
by sunk costs? By accepting the fact
that changing market demands ca~
IW, SEPT...EII C, 2000 www.l.clustrww..k.c_.
19
make past decisions inappropriate
for the present. "The marketplace
dictates w:hat you're going to do in
the future," he stresses. "Your past
investments may not necessarily be
wrong, but the marketplace has
changed," he says.
Here are four other ways to avoid
being pulled down by sunk costs: '
· Get afresh perspective. When it's
time to decide whether or not to con-
tinue with a project, seek input from
people who weren't involved in the
previous decisions, advises Ralph
Keeney, professor at the University of
Southern California, Los Angeles. Out-
siders are less likely to have an emo-
tional attachment, and should be less
tempted to tbrowgoodmoney after bad,..
~J:; :.:&iJ.aprrtitf~~~~j
,~'ii1i~6'srs:: Keeney notes thafwlf&fi
.... . 8~1l.~.. judl!ed only o,n t:he. ~~'
. .~.';:;"'..".''''f'l:::..., ~ <>."::;~."'l<'.""S'l'~ns.'~,~nrer..tlian. .
il :~.q~.J;..l,. ~"~~''''''''''~~f'''''''''''~~'''''''.-i'''~', . ."
(a".;Qtt the.process~s u~~dJ9 alJJY.!1l. ~t.
~::t~~t:1i~~:;~
. Reframe the issue. When revisit-
ing a decision, don't waste time going
over old issues ol"8lllssigniiilrb1~
Instead, focus on new information
and decide whether it supports
a change in plan and action.
· Consider zero-based b~~e""l
EvabmtCprojects from "groiiDd~z&o'
on a teguhif-fyplcally annu~l-
baSis. Anadvanmge: Zero-baSed bud-.
geting decreases the teinptatio~
to-continue' furtdirig a project simply
6ecause it's already on the books.
Karen M. Kroll, president of Kroll
Communications, Minnetonka, Minn.,
covers finance for lNousTRyWEEK. She can
be reached at klrroll@industryweek.com.
. .
.
.
.
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~ORT ANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
JUNE 18,2001
To:
MAYOR DOYLr COUNCIL
Marc Connelly, Director of Parks and Recreation
FROM:
SUBJECT:
Waterfront Trail-Deane Trail and Utility Easement Agreement
Summary: There remain two missing links in the Waterfont Trail between Morse Creek and Ediz Hook. One of
the two missing links is the Deane Property located east of Lees Creek and West of Morse Creek at approximately
the foot of Moss Street in Clallam County. This agreement provides for a public trail and utility easement on thf
Deane Property and represents the last component of a Washington State Department of Natural Resources AquatC
Lands Enhancement grant received by the City of Port Angeles for the Centennial Trail in 1997. The easemen
agreement was reviewed by the Real Estate Committee on Tuesday May 8, 200 I
Recommendation: It is recommended that the City Council authorize the Mayor to sign the attached
easement agreement.
Background / Analysis:
Attached is an agreement granting an easement to the City of Port Angeles in consideration of $13,300 which is
consistent with a" MAl appraisal performed on behalf of the City by Halberg Associates. Also attached is a map
illustrating the location of the easement and its relationship to the Waterfront Trail and the Centennial Trail.
c:/councilldeane property easement agreement
i
9
.
AFTER RECORDING RETURN TO:
Craig Knutson
City of Port Angeles
P.O. Box 1150,321 E 5th ST.
Port Angeles, W A 98362
DOCUMENT:
GRANTORS:
GRANTEE:
LEGAL DESCRIPTION:
EASEMENT AGREEMENT
DEANE, RICHARD & ROSEMARY
CITY OF PORT ANGELES
A strip of land forty feet wide by 322.6 feet long lying within the
former Chicago, Milwaukee, St. Paul and Pacific (C.M.S.P.& P.)
Railroad right-of-way, in the NE quarter of Section 12, Township 30
N, Range 6 W, W.M., Clallam County, Washington, as shown in the
map attached hereto as Exhibit A.
.
ASSESSORS'S PARCEL NO:
EASEMENT AGREEMENT
The Grantors, Richard Deane and Rosemary Deane, husband and wife, for and in consideration of
mutual benefits and other valuable consideration, the receipt whereof is hereby acknowledged, do
hereby grant, bargain and convey unto the Grantee, the City of Port Angeles, a Washington
municipal corporation, its successors and assigns, a perpetual non-exclusive easement for
nonmotorized trail and underground utility purposes over, under, and across the real property
described above, situated in Clallam County, State of Washington.
The terms and conditions of said easement are as follows:
1. Said easement is to be used for nonmotorized trail and underground utility purposes only. As
used herein, nonmotorized trail purposes shall include purposes related to the construction and
use of a nature, walking, and bicycle trail for the outdoor recreation of the general public and
facilities and activities related to the operation and maintenance of said trail. As used herein,
- 1 -
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10
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.
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"'::,;",i.'~';'bHr "!"L!~:' ,,>;::::.,j~ :" ";\"fx:,::::,':_';'i~f;_-:~);'tti;:'
utility purposes shall include purposes related to underground utilities, including water,
wastewater, stormwater, and underground electric and telecommunication facilities.
2. The Grantee shall indemnify and hold harmless the Grantors with regard to any and all damage
or injury (including death) to person(s) or damage to property arising from the Grantee's
activities and facilities related to this easement, or arising from the public's use or attempted use
of the easement. Said indemnification and hold harmless shall include, in addition to damages
as stated above, all expenses of litigation and reasonable attorney's fees.
3. This easement and the terms and conditions contained herein shall be binding upon, and inure
to the benefit of, the heirs, successors, and assigns of the parties.
DATED this _ day of
, 2001.
GRANTORS, Richard and Rosemary Deane
GRANTEE, City of Port Angeles
Richard Deane
Larry Doyle, Mayor
Rosemary Deane
Becky J. Upton, City Clerk
STATE OF WASHINGTON)
) ss.
COUNTY OF CLALLAM )
On this _ day of ,200 I, before me, the undersigned, a Notary Public in and for the State
of Washington, duly commissioned and sworn, personally appeared Richard Deane and Rosemary Deane, to me known
to be the individuals described in and who executed the foregoing instrument, and acknowledged the said instrument
to be their free and voluntary act and deed, 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:
STATE OF WASHINGTON)
) ss.
County of Clallam )
On this _ day of ,2001, before me, the undersigned, a Notary Public in and for the State of
Washington, duly commissioned and sworn, personally appeared LARRY DOYLE 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
- 2 -
11
12
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:
F:\QUIT CLAIM DEEDS\cIcaoe-ase
- 3 -
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/
if
/
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/
/
l
LANGLEY EA5EHENl
(19<>>)
;> .,
~ .--
DEANE
(TWIS PROJECT)
.
AAYONIER
EASEMENT
(19'36 )
L.EGEND
E><ISTING WATEJIOiFRONT TAAIL .---------
I"'ROPO&EO EXTENSION OF WATERFRONT TRAIL
~
P I
:1000
4000
I
SCALE. ". . 2000'
EXHIBIT 2
PROPOSED PROJECT
"~CRiQNAUER F'\JRCI.lASE (19'36)
(1 AC)
.
r tl* TITlE: SCALE: "'"
* *tctc CITY OF PORT ANGELES ,. . 2000'
". WATERFRONT TRAIL EXTENSION JOB NO:
==l2olarl~
. . !l6019
Polaris Engineering & Surveying, Inc. CUEN~ DRAWING:
206 S. Lincoln"SI. , 201 CfTV OF PORT ANGELES
PorI Angeles. Woo 98362 321 E. 5tH STREET P.o. BOX 1150 2 OF: 6 ..J
\... Phone: (360) 452-5393 PORT ANGElES, WASHHGTllN, 98362
Fox: (360) 452-9319 PHONE: (360) 457-0411
.
E:/ACAD!':l601<3/EX2 Dll.JCis
13
e.
e
e
14
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I.'<':~~<' ,
''i"
~;.':t ;.'-f':l'
FORTANGELES
WAS H I N G TON, U. S. A.
CITY COtJNCIL MEMO
DATE:
June 18,2001 .
To:
MAYOR DOYLE AND CITY COUNCIL
FROM:
Glenn A. Cutler, Director of Public Works and Utilities
SUBJECT:
Bid Award 69 kV Circuit Switcher for "I" Street Substation
Summary: "I" Street Substation must be rebuilt in 2001 to maintain an acceptable level of
service on the west side of the city. The Circuit Switcher to protect the new substation
transformer should be ordered now to permit receipt and installation during the Summer of 200 1.
Two bids were received and evaluated by staff and our consultant. The lowest "evaluated cost"
bid was submitted by Western States Electric, Inc., representing S & C Electric.
Recommendation: Accept the $40,791.40 bid, including applicable sales taxes, from
Western States Electric, Inc. for the purchase of the circuit switcher and authorize the
Mavor to sh~n the contract.
Background / Analysis: A significant portion of our ioad growth for the past few years has
been in the western and eastern areas of the city. On the west side of town there have been a
large number of new subdivisions with new housing as well as new large commercial/industrial
load requirements at the Port of Port Angeles' industrial park. This load growth has used almost
all of our reserve capacity and requires the upgrading of "I" Street Substation on the west side of
town to allow for additional growth.
The reliability of service on the west side of the city is marginal. If the transformer at "F" Street
Substation fails during the winter peak load, we have insufficient reserves to cover all the load
for 6-10 hours while temporary measures with a portable transformer are put in place. The most
economical way to improve the situation and ensure that our system remains reliable and level of
service remains high is to complete the "I" Street Substation Rebuild project. The circuit
switcher is required to provide short circuit protection for the new transformer currently on order
and scheduled to be installed as part of the "I" Street Substation Rebuild. This project has been
budgeted for 2001 construction.
Two sealed bids were received June 7, 2001 in response to the advertised RFP for supplying the
69 kV circuit switcher. The bids have been reviewed by staff and TriAxis Engineering, the city's
design consultant on this project. All bids were judged as acceptable and responsive. The
comparison of the bid prices and delivery times are summarized in the bid summary shown
below. Western States Electric, Inc who proposed supplying a unit manufactured by S & C
Electric Company was the lowest cost bidder and had the proposed delivery time which best
matched our needs.
15
The Staff recommends awarding the contract to the low bidder, Western States Electric, Inc., in .
the amount of $40,791.40, including 8.2% sales taxes.
BIDDER Western States
Electric
BRAND S & C Electric Siemens Power Engineers
T & D Inc. Estimate
COST (including $40,791.40 $43,020.32 $43,280.0~
sales tax @ 8.2%)
DELIVERY 9-11 wks 16 wks 8wks
Del date ** approx Sep 5-19 approx Oct 24 31-Auc
** assuming contract signed by July 5
.
.
N:\PWKS\LIGHT\ENGR\PROJECTS\ISTREET\CKTSWR\CCckswr.wpd
16
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~ORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
June 18,2001
To:
MA YOR DOYLE AND CITY COUNCIL
FROM:
Glenn A. Cutler, Director of Public Works and Utilities
SUBJECT:
Contribution to Washington PUD Association for DS! Effort
Summary: The Direct Service Indistries' are lobbying in Washington DC to force BP A to offer
wholesale rates based on a "tiered rate structure". This rate structure would be devastating to public
utility customers ofBP A. The Washington PUD Association has hired a consultant to seek solutions
that will work for all customers of BP A and is seeking support from other public utilities in the
regIOn.
Recommendation: City Council authorize the electric utility to contribute to the cost of
su ortin the effort a ainst "tiered rates" b BP A in the amount of $4,000.
Background / Analvsis: The Direct Service Industries (DSI's) have been pushing for a new
wholesale rate concept from BP A called "tiered rates". The proposal advocates customers of
BP A receive their first 75% of purchases at a rate less than $25 and the remaining 25% of their
purchases at market rates.
This rate mechanism would shift costs away from the DSI's to the other customers ofBPA,
increasing rates to other public and exchange customers by up to 250%. This result could mean a
substantial loss of direct and indirect jobs and closure of business and industries served by the
public utilities.
The Association of Washington Cities (A WC) is working collectively with the Washington PUD
Association (W APUDA) and the Washington Rural Electric Cooperative Association (WRECA)
in securing representation on this issue in Washington DC. Former Senator Slade Gorton, a
friend of utilities and BP A for many years, has been retained as a consultant to seek solutions that
work for all ratepayers.
A suggested contribution for utilities, based on number of customers and retail revenue, has been
established and suggest a contribution by the City in the amount of $4,000. Staff believes this
contribution is reasonable considering the devastating effects this could have on our community
if the DSI's are successful in forcing BPA to implement tiered rates.
This issue was reviewed at the June 11,2001 Utility Advisory Committee meeting with the
above recommendation.
N:\PWKS\LIGHT\POWM\FORMS\COUNCIL.WPD
17
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18
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,,:c:)"~:.(, ',.'
~ORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
June 18,2001
To:
MAYOR DOYLE AND CITY COUNCIL
FROM:
Glenn A. Cutler, Director of Public Works and Utilities
SUBJECT:
Magna Drive Proposal
Summary: In an effort to reduce electrical consumption, maintenance, and repair costs at the City's
Wastewater Treatment Plant (WWTP), staff has investigated the potential for savings which may
be realized by the conversion of power couplings which drive the aeration blower system. There
. appears to be several advantages in a conversion which would utilize locally developed technology
manufactured by MagnaDrive. There is little difference in the overall capital cost between the
MagnaDrive conversion and other competing products. The Utility Advisory Committee has
recommended converting one blower to a MagnaDrive retrofit to verify the energy and maintenance
savings over the variable frequency drive.
Recommendation: Approve the MagnaDrive retrofit at the Wastewater Treatment Plant on
one blower and authorize the Mayor to sign an agreement with MagnaDrive in an amount not
to exceed $18,257.94.
Back~round / Analysis: The analysis of the WWTP aeration system shows that substantial
electrical energy savings can be made by retrofitting existing two speed blowers to variable speed
control. Staff has purposely sought to support local businesses in implementing an effective
solution. This effort has led to a focus on locally engineered technology manufactured by
MagnaDrive. Recently, two other local firms, Prime Marine and Angeles Electric, have teamed with
MagnaDrive on a regional business-to-business response to the BPA energy crises. Working with
the City's Economic Development Director and Public Works, a variety of potential facility retrofits
using MagnaDrive products have been identified that can lead to reduced energy costs for local area
employers. In response to the anticipated increases for electrical energy, magnetic coupler
conversions are currently being researched and/or implemented at the Daishowa, K-Ply and Portac
mills. At the City's WWTP, there are three plant aeration blower applications under consideration.
One blower has recently been retrofitted with a Robicon variable frequency drive (VFD). The
remaining two blowers are now being considered for similar energy saving conversions. The new
VFD blower operates at about 900 to 1000 rpm to meet the dissolved oxygen requirement in the
secondary process. At this speed, the drive is using about 637 kwh per day. Staffhas taken power
usage recordings on the remaining two-speed blowers and compared them with the new VFD.
19
City Council June 18,2001
RE: Magna Drive
Page 2
The two-speed blowers use approximately 1115 kwh in the high speed setting and 748 kwh per day
in the low speed setting. With the two-speed blowers, the plant has typically been operated in the
high speed mode. The analysis of a conversion using the MagnaDrive couplings shows that the same
approximate amount of energy can be saved. MagnaDrive asserts, due to the nature of their
magnetic coupler design, which incorporates a "frictionless, disconnected drive technology", that
the City will benefit from additional maintenance and repair cost savings compared to the variable
frequency drive design. By implementing a MagnaDrive conversion on one blower, an actual
comparison can be made. The total cost of the #1 Robicon VFD conversion was $14,050. The total
retrofit cost estimate from MagnaDrive, Prime Marine and Angeles Electric for one coupler is
$18,257.94.
RCW 70.95A.090 allows water pollution control facilities the option of not having to go to the
competitive bid process. Funding for this project may be from utility reserves or a low interest loan
(4%) offered by Key Bank. Bonneville Power Authority assistance is also being investigated.
N:\PWKS\WW A TER\ccmagna.wpd
20
.
.
.
.
.
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WASHINGTON, U.S.A.
CITY COUNCIL MEMO
DATE:
June 18,2001
To:
MAYOR DOYLE AND CITY COUNCIL
FROM:
Glenn A. Cutler, Director of Public Works and Utilities
SUBJECT:
Travel and Training Expense
Summary: Staff recently promoted Mr. Robert Kajfasz from the position of meter reader to
commercial energy analyst. The Bonneville Power Administration requires energy auditor and
inspector certifications under its conservation programs. Mr. Kajfasz does not currently possess
the required certifications. City Council approval of travel and training expenses that exceed
$1,500 is required. The cost to attend the required workshops and take the examinations is
$2,092.60.
Recommendation: Approve the travel and training expense to attend the energy auditor
and inspector workshops.
Backl!round/Analvsis: Effective June 18,2001, Mr. Robert Kajfasz was promoted from the
position of meter reader to commercial energy analyst. This promotional opportunity recently
occurred due to termination of the incumbent that was on probation.
The Bonneville Power Administration requires energy auditor and inspectors to be certified
under its conservation programs. On May 22,2001, City Council approved implementation of
an energy and water conservation program in response to the energy crisis and water shortage.
Mr. Kajfasz does not currently possess the required certifications. The Northwest Public Power
Association, which the City is a member of, is offering a five-day energy auditor workshop from
June 18 through June 22 in Portland, Oregon, which is immediately followed by the certification
examination. A three-day energy inspector workshop is offered from June 25 through June 27
followed by the certification examination at the same location. This is the first time these
workshops and exams have been offered for at least five-years. It is uncertain when the
workshops and exams will be offered again.
In an effort to minimize City transportation costs, Mr. Kajfasz offered to use his personal vehicle
and plans to stay in Portland over the weekend (June 23-24). This will reduce the City's
transportation cost to one round trip. Mr. Kajfasz has also offered to pay for the cost of lodging
and meals over the weekend.
N;IPWKSILIGIffiCONSlTRAfNINGEXPENSE.DOC
21
I~
.
.
.
22
.
.
.
CALL TO ORDER-
REGULAR MEETING:
ROLL CALL:
PLEDGE OF
ALLEGIANCE:
CEREMONIAL
MATTERS &
PROCLAMATIONS:
Tom Sperline Retirement
Presentation
Public Service A ward - Lee
Darling
USCGC Active
Proclamation
Hire a Vet Month
CITY COUNCIL MEETING
Port Angeles, Washington
June 5, 2001
Mayor Doyle called the regular meeting of the Port Angeles City Council to order at
6:00 p.m.
Members Present:
Mayor Doyle, Councilmembers Campbell, Erickson, Hulett,
Wiggins, and Williams.
Members Absent:
Councilmember McKeown.
Staff Present:
Manager Quinn, Attorney Knutson, Clerk Upton, B.
Collins, M. Connelly, G. Cutler, D. McKeen, Y.
Ziomkowski, A. Broussard, K. Miller, G. Kenworthy, S.
McLain, T. Sperline, L. Adams, G. Drake, G. McLain, D.
Daugaard, K. Ridout, D. Ireland, D. O'Donnell and B.
Raemer.
Public Present:
J. Braasch, L. Lee, T. Price, A. Harrison, L. Nutter, M.
Tallmadge, H. Wilmot, and G. Powell.
The Pledge of Allegiance to the Flag was led by Mayor Doyle.
J. Retirement Presentation to Tom Sperline
Mayor Doyle read a proclamation recognizing Tom Sperline, Electrical Inspector, for
20 years of superb contributions to the City and the community. Mr. Sperline,
accompanied by his wife, accepted the plaque after which Director Cutler presented him
with another plaque/clock for his dedicated service.
2.
Presentation of Public Service Award to Lee Darling
Mayor Doyle, Police Chief Riepe, and Corporal Miller presented Mr. Lee Darling a
Public Service A ward for the outstanding service he has provided to the Port Angeles
Police Department, particularly in the area of K-9 training. Corporal Miller then
introduced the new Port Angeles Police Department Patch, and each Councilmember
was given a patch.
3.
USCGC Active Proclamation
Mayor Doyle read a proclamation commending the USCGC Active for outstanding
service during the recent confiscation of 13 tons of cocaine aboard the Belize-flagged
fishing vessel 'Svesda Maru'. The proclamation and a key to the City will be presented
to the Active crew on Saturday, June 9, 2001, at 2:00 p.m. at the City Pier.
4.
Hire a Vet Month Proclamation
Mayor Doyle read a proclamation declaring the month of June as Hire a Vet month.
- 1
23
CITY COUNCIL MEETING
June 5, 2001
Hire a Vet Month (Cont'd)
WORK SESSION:
Stormwater Utility
Formation
24
John Braasch, Veterans Employee Representative for Clallam and Jefferson Counties,
accepted the proclamation, noting that he helps frod work for veterans. Mr. Braasch
expressed his appreciation to the Council for recognizing veterans and their numerous
abilities.
.
Mayor Doyle summarized the memorandum from Public Works & Uti lites Director
. Cutler on the recommended formation of a Stormwater Utility. Director Cutler
introduced Mr. James Hansen, Brown & Caldwell, who gave a powerpoint presentation
that established the rationale for forming such a utility. Mr. Hansen informed the
Council of current regulations in place that dictate the need for a Stormwater Utility,
such as the Endangered Species Act (ESA), the National Pollutant Discharge
Elimination System (NPDES) Phase II Stormwater Permitting, and Government
Accounting Standards Board Statement 34 (GASB 34), all of which set the stage for the
City's need for a Stormwater Utility. In that more regulations are on the horizon, Mr.
Hansen cautioned the Council on the potential of third party lawsuits. He felt it
important for the City to provide formalized training for personnel, public education
and involvement, and to identify a consistent source of funding for the utility. Mr.
Hansen discussed the present structure for stormwater management through the effort
of several departments, and he suggested the formation of a single point of
responsibility for the utility.
Mr. Hansen addressed the potential for grant funding, as well as the need to provide an
equitable distribution of costs. He reviewed revenue requirements in the short and long
terms, and he discussed the various possibilities in developing a rate structure.
Councilman Campbell asked for further information on grant funds available, and Mr.
Hansen responded there are State funds available via a very competitive process.
Councilmember Erickson questioned the status of Port Angeles' stormwater
management at the present time, and City Engineer Kenworthy cited specific areas in
Port Angeles that lack any type of stormwater management, thus resulting in high .
erosion. Mr. Hansen added that excessive run-off and erosion is killing the surrounding
habitat. Councilman Williams expressed his concern with how much this type of
facility would cost the taxpayers, and he voiced his dissatisfaction with yet another
unfunded mandate being cast on the City.
Discussion followed regarding impacts to fish habitat, the increased size of detention
ponds, and costs that could be attributed to operation and maintenance as opposed to
capital. Engineer Kenworthy added that by adopting the regulations, the City would be
showing a good faith effort to be in compliance. Attorney Knutson interjected that the
City is working with the County toward meeting the requirements of the 4( d) Rule as
relates to the National Marine Fisheries Service declaring Puget Sound chinook salmon
to be a threatened species under the ESA. To that end, the City could gain protection
against third party lawsuits, as one of the aspects of the 4( d) Rule is to have a valid
stormwater management plan.
In the ensuing discussion, consideration was given to the challenge of educating the
public on (the prevailing problems associated with stormwater management.
Councilmember Erickson felt that a series of public meetings was needed to address this
issue and she, therefore, moved to direct staff to develop a series of public meetings
to inform citizens on the formation of a Stormwater Utility. The motion was
seconded by Councilman Wiggins. Councilmember Erickson spoke to the motion,
noting her concern with the expected electric increases and the fact that yet another
increase for stormwater management may not be well received by the public. The
Council discussed the importance of public education and identified various means by
which communications could take place, such as in the City newsletter, on Channel 21, .
advertisements, and the like. Manager Quinn acknowledged the Council's concern
about public education, and he supported sponsoring several public meetings in order
- 2-
WORK SESSION:
(Cont'd)
.
Stormwater Utility
Formation (Cont'd)
PUBLIC HEARINGS -
OTHER:
2001 Comprehensive Plan
Amendments
.
LATE ITEMS TO BE
PLACED ON THIS OR
A FUTURE AGENDA:
Highland Courte
.
CITY COUNCIL MEETING
June 5, 2001
to rectify this concern> Staffhad envisioned complete involvement of the public in this
discussion, and Director Cutler offered more specific information as to the public
process to be implemented. Councilmember Erickson, therefore, withdrew the
motiori; imd Councilman' .wiggins withdrew the second.
After further limited discussion, Council member Erickson moved that the Director
- of Public Works & Utilities proceed with the development of a Stormwater Utility
for implementation on January 1, 2001, with an emphasis on public education.
The motion was seconded by Councilman Wiggins and carried unanimously.
2001 Comprehensive Plan Amendments - CPA 01-01
Mayor Doyle summarized the memorandum submitted by Community Development
Director Collins in regard to the 2001 Comprehensive Plan Amendments. Director
Collins indicated that public testimony is expected this evening, plus the proposed
amendments are to be considered by the Utility Advisory Committee at its meeting of
June 11,2001. Director Collins indicated the most far-reaching issue is the matter of
changing City policy to allow the extension of urban services outside the City limits.
Mayor Doyle opened the public hearing at 7:34 p.m.
Mike Tallmadge, 1776 Little River Road, was present as a representative of the Non-
Motorized Advisory Committee. He thanked the Council and staff for the effort put
into transcripts and work on the Comprehensive Plan amendments, and he asked for
continued support of non-motorized issues.
Linda Nutter, 1701 E. 3'd Street, liaison from the Planning Commission to the Non-
Motorized Advisory Committee, commended the City's efforts to assist the non-
motorized community. Ms. Nutter reported that, last year alone, there were 16,000
instances of the use of bike racks on.the Transit buses, and she distributed copies of an
itemized list of this utilization. Ms. Nutter noted the increased use of bicycles on the
Peninsula.
Councilmember Erickson moved to continue the public hearing to June 18, 2001.
The motion was seconded by Councilman Hulett and carried unanimously.
Allan Harrison, 1834 E. 5th St., delineated the various areas in which Highland Courte
has failed to comply with conditions set forth in the Conditional Use Permit. Violations
include the failure to submit an annual report and failure to form an advisory committee.
Mr. Harrison also cited a contract signed with the State wherein Highland Courte has
agreed to accept a certain number of individuals for treatment and support. Mr.
Harrison urged the Council to force Highland Courte to abide by the conditions.
In the discussion that followed, Councilman Wiggins asked staff if there was certainty
that Highland Courte was operating outside the conditions of the Conditional Use
Permit. Director Collins stated staff is uncertain if Highland Courte is operating outside
the CUP, but the annual report is expected to be received sometime this week. The
report was due in March, and Highland Courte was sent a letter reminding them of the
requirement to file the report with the City after which Highland Courte asked for an
extension. There have also not been any minutes submitted for the Highland Courte
Advisory Committee. Attorney Knutson advised the Council that the Superior Court's
stay order allows Highland Courte to continue operating while the litigation is pending
provided the CUP conditions are being met. Also, he informed the Council that
Highland Courte's legal counsel has stated that the facility would meet the conditions
of the Conditional Use Permit. The conditions must be met until the litigation has been
resolved one way or another. Mayor Doyle felt that, by the next Council meeting on
June 18,2001, there should be certainty that the requirements of the Conditional Use
- 3 -
25
CITY COUNCIL MEETING
June 5. 2001
LATE ITEMS TO BE
PLACED ON THIS OR
A FUTURE AGENDA:
(Cont'd)
Highland Courte (Cont'd)
Break
FINANCE:
Downtown Water Main &
Sidewalk Reconstruction
Project
"A" Street & Grant Avenue
Waterline Replacement
Project
Lauridsen Boulevard /
Edgewood Drive
Realignment Bid A ward
CONSENT AGENDA:
26
Permit are being met. Therefore, Councilman Williams moved that, by the next
Council meeting on June 18, 2001, the staff should be satisfied that the conditions
of the Highland Courte Conditional Use Permit are being met or the City will do
whatever is necessary to close Highland Courte. The motion was seconded by .
Councilman Wiggins.
_ Manager Quinn referenced a meeting he held this past week with Mr. Harrison, at which
time he agreed there was no evidence that Highland Courte was following through with
some of the conditions. He had informed Mr. Harrison that he would follow-up with
. staff on these issues. Manager Quinn expressed the opinion that the conditions should
override the contract with the State. He acknowledged that everyone is frustrated with
the delays on this matter, and it is time to move forward as an obligation to the
neighborhood. A vote was then taken on the motion, which carried unanimously.
Carroll Reed, 1707 Lambert Lane, addressed the Council, expressing concern with the
fact the residents of Highland Courte are being permitted to walk around the Highland
Courte grounds unescorted or not within the 1-1 ratio that is required.
On another matter, Linda Nutter, 1701 E. 3rd Street, advised Council of an upcoming
meeting with Planning Commissioners from the City, Clallam County, Sequirn, and
Forks to exchange ideas and recognize areas of possible cooperation.
Mayor Doyle recessed the meeting for a break at 8:08 p.m. The meeting reconvened at
8:23 p.m.
1.
Acceptance of Downtown Watermain / Sidewalks Project - Phase 11
Mayor Doyle summarized the memorandum from Public Works & Utilites Director
Cutler. After brief discussion, Councilmember Erickson moved to accept the project .
as completed by Primo Construction and authorize the release of the total
retainage held in escrow in the amount of $64, 904.96 upon receipt of clearances
from the Departments of Revenue and Labor & Industries. The motion was
seconded by Councilman Hulett and carried unanimously.
2. Accept "A" Street & Grant Avenue Waterline Replacement Project
Mayor Doyle reviewed the information submitted by Public Works & Utilites Director
Cutler concerning the completed waterline project at "A" Street and Grant Avenue.
Councilman Hulett moved to accept the project as completed by Babbitt
Construction and authorize the release of the total retainage held in escrow in the
amount of $9,337.77 upon receipt of clearances from the Departments of Revenue
and Labor & Industries. The motion was seconded by Councilmember Erickson
and carried unanimously.
3. Lauridsen Boulevard / Edgewood Drive Realignment Bid Award
Mayor Doyle summarized the memorandum from Public Works & Utilites Director
Cutler concerning the bid award to DelHur Industries for the Lauridsen Boulevard /
Edgewood Drive realignment project. Director Cutler briefly reviewed the bids
received on this second bid, noting that some work had been added to this bid
document. Councilman Wiggins moved to award and authorize the Mayor to sign
the contract for the Lauridsen Boulevard / Edgewood Drive Realignment Project
to DelHur Industries, Inc., of Port Angeles in the amount of $950,589.91. The
motion was seconded by Councilman Williams and carried unanimously.
.
Councilman Hulett moved to accept the Consent Agenda, to include the City
Council minutes May 22, 2001. The motion was seconded by Councilmember
- 4-
.
.
.
CONSENT AGENDA:
(Cont'd)
CITY COUNCIL
COMMITTEE
REPORTS:
ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
Outdoor Burning
Ordinance
Ordinance No. 3081
RESOLUTION:
Set Public Hearing for
CFP / TIP
Resolution No. 1O~01
CITY COUNCIL MEETING
June 5, 2001
Erickson and carr!~.~5-1, with Councilman Wiggins abstaining due to his absence.
from the meeting. .
Councilmemot;rs Williams,E~ckson,.and Hulett had no report.
Councilman Wiggins informed Council that, on the Mayor's behalf, he opened the Juan
de Fuca Festival and attended the Richard B. Anderson memorial. As a member of the
Port Executive Director search committee, he is reviewing 57 applications.
Councilman Campbell reported he had attended the Drug Task Force luncheon.
Mayor Doyle attended a ribbon-cutting ceremony for the re-opening of the Airport
coffee house. On May 26th, the Mayor toured one of the mine sweepers docked in Port
Angeles. Over 160 sailors from the visiting vessels enjoyed the Port Angeles area.
Mayor Doyle also attended the ceremony in honor of Richard B. Anderson; there will
be a ship reunion in September when visitors will view the memorial. Mayor Doyle
higWighted the recent visit to Japan where, on the Annual Japanese Firefighting Day,
Mutsu City presented the Port Angeles contingent with a firefighters coat replicated
from the late 1800s. Fire Chief McKeen modeled the coat that will be displayed in the
Fire Department, as will a Japanese firefighting tool. Mayor Doyle summarized travels
on the bullet train, a meeting with the Chamber to discuss various businesses, as well
as a visit to a pottery museum. The potter gave the City a gift which the Mayor
displayed. OtherhigWights of the trip were a tour ofMutsu's Municipal Water, a tree
planting ceremony, seeing the world's largest fish market, and a dinner with the
students. Mayor Doyle felt this was a very educational trip, the opportunities from
which will greatly help relations between the United States and Japan. There will be
student exchanges this summer between the two cities. Manager Quinn added that a
memorial plaque could be placed at the Estuary Park in recognition of this trip.
Mayor Doyle summarized the memorandum from Fire Chief McKeen with regard to
the provisions in the Outdoor Burning Ordinance. Chief McKeen added that, following
discussion,ilt the May 22,2001, Council meeting, language was added to clarify what
is prohibited in outdoor burning and what is allowed in terms of recreational fires.
Councilman Williams commended Chief McKeen for the great work'; he felt this
ordinance to be a model for others to come. Mayor Doyle read the Ordinance by title,
entitled
ORDINANCE NO. 3081
AN ORDINANCE of the City of Port Angeles, Washington, revising the City's outdoor
burning regulations, amending Ordinance 2552 as amended, Ordinance 2932,
and Chapters 3.70 and 14.21 of the Port Angeles Municipal Code.
Councilman Wiggins moved to adopt the Ordinance as read by title. Councilman
Williams seconded the motion which carried unanimously.
Mayor Doyle summarized the memorandum from Public Works & Utilites Director
Cutler with regard to setting a public hearing date for input on the Transportation
Improvement Plan and the Transportation Element of the Capital Facilities Plan. Mayor
Doyle read the Resolution by title, entitled:
RESOLUTION NO. 10-01
A RESOLUTION of the City Council of the City of Port Angeles, Washington, setting
a public hearing date for review of the Six-Year Transportation Improvement
Program (TIP) and Transportation Element of the Capital Facilities Plan (CFP)
for the years 2002-2007.
- 5 -
27
CITY COUNCIL MEETING
June 5, 2001
Set Public Hearing for
CFP / TIP
Resolution No. 10-01
(Cont'd)
OTHER
CONSIDERATIONS:
Appointment to
Construction Code Board
of Appeals
INFORMATION:
EXECUTIVE SESSION:
ADJOURNMENT:
28
Councilman Hulett moved to pass the Resolution as read by title. Councilman
Campbell seconded the motion which carried unanimously.
Mayor Doyle summarized the memorandum submitted by Clerk Upton on the
recommended appointment of Mr. Jerry Schwagler to the Construction Code Board of
Appeals. Councilman Hulett moved to appoint Mr. Schwagler to the membership
of the Construction Code Board of Appeals for the unexpired term ending
February 28, 2002. The motion was seconded by Councilmember Erickson and
carried unanimously.
.
City Manager's Calendar & Report: Manager Quinn noted there was an incorrect
date on the calendar for the presentation to the USCGC Active. The correct date should
be Saturday, June 9, 2001 at 2:00 p.m. The Gateway Meeting has been canceled for
June 7, 2001. The Real Estate Committee meeting has a time change and is now
scheduled for 5:00 p.m. There was brief discussion on the A WC meeting and the
arrangements to be made. An update was included in the packet on the Council's
project goals. Other items discussed were the update on the industrial waterline repairs,
the quarterly report from Human Resources, the Fire Department's rating, the "Pass the
Buck" program, and the discussions on the underground. Mayor Doyle asked that staff
research the possibility of improving the public address system at Veterans Park, as well
as the fountain turbulence at the same location. Manager Quinn informed the Council
that Channel 5 had recently been out to Ediz Hook to film the rock sculptures recently
created by the public.
None.
The meeting adjourned at 9: 10 p.m.
.
Larry Doyle, Mayor
Becky J. Upton, City Clerk
.
- 6-
"'r"t:'ytlt~:jiT!)~~'~)~'~iJ~~:Wji~:;,:}:Ji,: :'~:,?:1t~~~~~f:)Ii~~ff.~;~-i
01/06/12-08:47 City of Port Angeles - ,LIVE MACHINE June 12 2001 Page
CHECK REGISTER
. Date From 05/12/2001/j.Jo,,06/08/2001
Vendor Vendor Description GL Code Amount
Fnd Opt Check
Nunber Name Nunber Number
001 63706 WA State Patrol - WASIS 23281 Criminal history-Finley 1 2295000 24.00
Criminal history-McGoff 1 2295000 24.00
Criminal history-West 1 2295000 24.00
63728 Clallam Co Treasurer 03075 CVCA Remittance-April 1 2294000 262.98
63739 Equipment Management Co 05234 Lift bag repair kit 1 2370000 8.22-
63753 Insight Direct Inc. 09085 Cleaning tapes 1 2370000 10.99-
63801 WA State Patrol - WASIS 23281 Criminal history-Wollum 1 2295000 24.00
63804 Washington State Treasurer 23120 District Court Revenue-April 1.2293000 11,183.41
63873 Quill corporation 17000 Fil ing guides 1 2370000 3.20-
Filing guides 1 2370000 3.99-
Clasp envelopes 1 2370000 3.28-
Audio video tape,clips 1 2370000 5.87-
Office suppl ies 1 2370000 17.78-
Pens 1 2370000 2.41-
Pens 1 2370000 .49-
Labels,tape,cartridge 1 2370000 12.03-
Mirror 1 2370000 4.51-
63876 Regal Forms Inc. 18227 Parking tickets 1 2370000 157.44-
63972 Ultimate Office 21094 Organizers 1 2370000 8.50-
63976 WA State Patrol - WASIS 23281 Criminal history-Biss 1 2295000 24.00
Criminal history-Tourbin 1 2295000 24.00
. Criminal historyiwhidden 1 2295000 24.00
Criminal history-Raymond 1 2295000 24.00
Criminal history-Stoneking 1 2295000 24.00
Total for Department 11,423.68
0001 63600 AVAYA INC 12215 05-02 Bi II ing 111 4210 31.26
05-02 Bi II ing 113 4210 31.26
05-02 Billing 124 4210 15.63
63633 Flex-Plan Services Inc. 06158 April processing 111 4155 125.10
63672 Olympic Stationers Inc. 15030 Binder clips,notary labels 111 3101 8.87
Copy paper 111 3101 37.87
63673 Pacific Office Equipment Inc. 16004 March maint agre-NUP08604 111 4810 32.46
April lease agre-NUP08604 111 4810 32.46
Toner 111 3101 63.84
63679 Port Angeles City Treasurer 03062 Interview Board lunch 113 4150 21.10
63703 United Parcel Service 21005 05-05 Shipping charges 113 3101 10.62
63711 AWC Assn of Washington Cities 01080 2001 Conference reg-Quinn 111 4310 270.00
2001 Conf reg-Hulett,Williams 112 4310 540.00
2001 Conference reg-Wiggins 112 4310 283.00
2001 Conference reg-Campbell 112 4310 261.00
2001 Conference reg-Doyle 112 4310 235.00
63730 CliniCare of PA Inc. 03080 Drug screen-Derousie Fire Dept 113 4131 45.00
63742 Flex-Plan Services Inc. 06158 Monthly processing-May 111 4150 124.20
63756 Jobs Available Inc 10022 'Human Resources Analyst' ad 113 4410 149.04
. 63775 Peninsula College 16011 Performance Planning Workshop 125 4310 1,000.00
63m Peninsula Radiologists P.S. 16014 X-rays-Derousie #80200101606 113 4131 48.00
63784 Qwest 21001 05-14 Billing 111 4210 93.69
05-14 Bi II ing 113 4210 93.69
05-14 Billing 124 4210 29
01/06/12-08:47 City of Port Angeles - LIVE MACHINE June 12 2001 Page 2
CHECK REGISTER
Date From 05/12/2001 To 06/08/2001 .
Fnd Dpt Check Vendor Vendor Description GL Code Amount
Number Name Nurnber Nurnber
63812 AT&T Business Service 01085 05-15 Bill i ng 111 4210 66.37
63866 Peninsula College 16011 Performance Planning WS 05-16 125 4310 1,000.00
63870 Port Angeles City Treasurer 03062 Misc card 111 3101 3.40
Reimburse x-ray-Dubuc 113 4131 24.00
63873 Quill Corporation 17000 Filing guides 124 3101 42.18
Filing guides 124 3101 52.55
63890 Verizon Wireless, Bel levue 01105 05-15 BiL ling 111 4210 16.59
05-15 BiL ling 112 4210 16.59
63893 Washington (DIS), State of 23111 April Scan charges 111 4210 206.98
April Scan charges 113 4210 12.97
April Scan charges 124 4210 2.26
63894 Weisfield Jewelers 23365 20 Service Award-Oliver 125 3101 100.00
63901 Advanced Travel 01090 Coons to San Antonio 04-22 113 4210 77.55
Coons to Yakima 05-15 113 4310 301.82
Coons to Renton 06-01 113 4310 10.40
Total for Administration 5,533.60
0002 63600 AVAYA INC 12215 05-02 BiL ling 201 4210 31.26
05-02 BiL ling 230 4210 39.07
05-02 BiL ling 240 4210 :1
63672 Olympic Stationers Inc. 15030 Moistener,pen,rack,corr tape 230 3101
Moistener,pen,rack,corr tape 201 3101 1 .
Paper 205 3101 568.05
Paper 240 3101 37.87
Paper 205 3101 73.81
Discs,folders,pens 240 3101 20.53
Discs,folders,pens 230 3101 16.52
63673 Pacific Office Equipment Inc. 16004 Adding machine rolls 240 3101 6.49
63679 Port Angeles City Treasurer 03062 Annexation meetings supplies 201 3101 27.39
63682 Postmaster 16028 Reimburse Permit #67 mailings 205 4210 5,000.00
63697 Swain's General Store Inc. 19037 Shoe covers 240 3111 12.84
Key,battery 240 3101 3.54
63703 United Parcel Service 21005 05-05 Shipping charges 205 4210 7.35
05-05 Shipping charges 230 4210 24.70
63713 Advanced Travel 01090 Filigno to Salem 04-15 230 4310 268.30
Bryant to Richland 05-07 230 4310 64.43
Asquith-Everett,Chelan 04-10 230 4310 400.47
63719 Apex Credit Bureau 01433 credi t report 240 4150 27.05
63738 Washington (Unemp), State of 23178 1st Qtr Unemployment Ins 240 2060 3,003.00
63784 Qwest 21001 05-14 BiL ling 201 4210 93.69
05-14 BiL Ling 230 4210 117.11
05-14 BiL ling 240 4210 281.07
63789 Radix Corporation 18004 Sales taxes 1992-2000 230 4950 1,444.21
63867 Pitney Bowes Inc. 16018 E-Z seal 205 3101 100. 18
E-Z seal 205 3101 100.18
63870 Port Angeles City Treasurer 03062 File racks, Staff mtg pizza 240 3101 1~.
63871 Postmaster 16028 Reimburse postage due 205 4210
63873 Quill Corporation 17000 Mirror 240 3101 59.42
63881 Washington (Auditor), State of 19270 Statutory Audit services 230 4150 21,827.70
63893 Washington (DIS), State of 23111 April Scan charges 201 4210 20.86
30
",tIJii),'!;,f:,:'f.\'/tt'~n\:rr~,~'7f~i:,,',~.t" >,':>h':~':"':' .::',;'i ';t',~'.;o' ni'l,~'f1'~';F;5"
01/06/12-08:47 City of Port Angeles - LIVE MACHINE June 12 2001 Page 3
CHECK REGISTER
. Date From 05/12/2001 To 06/08/2001
Fnd Dpt Check Vendor Vendor Description GL Code Amount
Number Name Number Number
April Scan charges 230 4210 21.89
April Scan charges 240 4210 5.35
63897 Xerox Corporation 24001 5800 Duplicator lease-April 205 4530 2,481.36
DC214S Lease-April 205 4530 86.79
DC230SLX April lease 205 4530 378.23
63921 Diversified Resource Center 04052 Copy center services-May 205 4150 1,271.00
63943 Microflex Inc. 13203 Tax Audit Program 230 4150 128.03
63952 Pacific Office Equipment Inc. 16004 Service call printer 07-12-00 230 4810 86.32
Clean, service printer 230 3160 700.78
Computer stand 08-24-00 201 3101 182.35
63957 Postmaster 16028 Annual box rent-PO Box 1150 205 4210 425.00
63960 Ricoh Business Systems 18398 June copier rental 205 4530 632.13
63978 WFOA (WA Finance Officers Assn 23006 Membership dues-Asquith 230 4310 50.00
63979 WFOA Conference (USE FOR FALL) 23326 2001 Conference-Ziomkowski 201 4310 335.00
2001 Conference-Asquith 230 4310 325.00
Total for Finance 41,088.95
0003 63600 AVAYA INC 12215 05-02 Bill ing 311 4210 54.70
63617 Clallam Co District Court 03069 Court costs-April 312 5090 4,228.49
. 63672 Olympic Stationers Inc. 15030 Moist-o-matic 312 3101 2.87
Paper 311 3101 37.87
Paper 312 3101 37.87
63673 Pacific Office Equipment Inc. 16004" Toner,core 311 3101 123.35
63713 Advanced Travel 01090 Dickson to Stevenson 05-02 312 4310 416.82
Knutson to Leavenworth 04-26 311 4310 415.90
63774 Ortloff Atty. at Law, Kimberly 15146 April legal services 312 4150 527.40
63784 Qwest 21001 05-14 Billing 311 4210 163.96
63806 West Group 23018 WA Appellate Reports V100 311 3101 22.61
Federal Civil Judicial Rules 311 3101 30.30
McQuillin Municipal Corp V16B 311 3101 185.02
63833 Clallam Jefferson Public Dfndr 03274 Public Defender fees-June 312 4150 2,500.00
63893 Washington (DIS), State of 23111 April Scan charges 311 4210 20.20
63897 Xerox Corporation 24001 DC220SLX April lease 312 4530 239.03
DC220SLX April lease 311 4530 102.44
63901 Advanced Travel 01090 Knutson to Seattle 05-24 311 4310 60.40
63910 Clallam Co District Court 03069 May Court costs 312 5090 5,740.84
63951 Office of The Code Reviser 15019 2001 Session Laws 311 3101 10.80
2001 Session Laws 312 3101 10.80
63972 Ultimate Office 21094 Organizers 311 3101 112.07
Total for Attorney 15,043.74
0004 63600 AVAYA INC 12215 05-02 Billing 411 4210 31.26
63672 Olympic Stationers Inc. 15030 Steno books, correction tape 411 3101 16.15
Paper 411 3101 37.87
. Date stamp 411 3101 91.92
63676 Parker Paint Mfg Co. Inc. 16201 Tape,wire brush, sandpaper 420 3501 7.83
Roller cover,plastic paint tra 420 3501 8.81
63677 Peninsula Daily News 16012 Renew subscription 40010111 411 4901 105.00
Allow Sawmills-Beutler,Nordstr 411 4410 ~41
01/06/12-08:47
City of Port Angeles - LIVE MACHINE
CHECK REGISTER
Date From 05/12/2001 To 06/08/2001
Fnd Opt Check
NlJllber
Vendor
Name
Vendor
NlIlber
63679 Port Angeles City Treasurer 03062
63694 Sunset Do-It Best Hardware 19035
63712 Ace Equipment Company 01055
63713 Advanced Travel 01090
63722 Beutler and Nordstrom Inc 02607
63723 Roberds, Sue or Bill 18083
63734 Day-Timers Inc. 04040
63776 Peninsula Daily News 16012
63784 Qwest 21001
63794 Somers, Michael 19769
63849 Kelly's Garden Deli "11247 "
63890 Verizon Wireless, Bellevue 01105
63893 Washington (DIS), State of 23111
63901 Advanced Travel 01090
0005
12215
63600 AVAYA INC
63616 Camera Corner
03044
63618
63626
63656
63670
63672
Clallam Co Sheriff's Dept
Eastern Washington Hay & UHaul
Metrocall
Ol ympi c Paper Company
Olympic Stationers Inc.
03074
05135
20000
15111
15030
63673 Pacific Office Equipment Inc. 16004
63685 Richmond 2-Way Radio
18009
32
Descripti on
GL Code
NlJllber
Amend City Comprehensive Plan 411 4410
Ord #3079-Allow small sawmills 411 4410
Code Advisory Committee
Gas can
Repair lawnmower
Barnes to Leavenworth 04-26
Refund conditional use permit
Refund Appeal fee
Ref ill
Shoreline Development
Rezone to Commercial-Reetz
05-14 Billing
Refund Appeal fee
Code Advisory lunch
05-15 Billing
April Scan charges
April Scan charges
Collins to Seattle 05-17
Collins to Sequim 05-24
05-02 Billing
05-02 B illi ng
05-02 Billing
Photos
Photos
Photos
Photos
Photos
Photos
Film,processing
Inmate care-March
Dog food
04-28 Billing
Supplies for property room
Repair receiving stamp
Paper
Paper
March Maint agre-CXL90926
March maint agre-NBZ08561
March Maint agre-cxl90926
April lease agre-CXL90926
April lease agre-NBZ08561
April lease agre-NGM21820
Toner
Deskjet ink
Paper,deskjet ink
Microphone
Leather case
Battery, labor, repai r speaker
411 3101
420 3501
420 4810
411 4310
411 32210011
411 34581002
420 3101
411 4410
411 4410
411 4210
411 32210012
411 3101
420 4210
411 4210
420 4210
411 4310
411 4310
June 12 2001
Total for Planning
511 4210
534 4210
530 4210
530 4990
530 4990
530 4990
530 4990
530 4990
530 4990
530 4990
512 5099
530 4980
530 4210
530 3101
534 4810
511 3101
534 3101
511 4810
534 4810
534 4810
511 4810
534 4810
534 4810
534 3101
530 3101
534 3101
530 3114
530 3111
530 3114
Page 4
.
Amount
63.96
22.96
59.55
6.48
46.42
216.05
300.00
200.00
34.60
31.16
55.76
93.69
200.00
67.46
21.83
10.02
6.20
98.50
28.00
1,89~
51'!11
39.07
7.81
14.99
17.39
4.66
12.65
20.27
3.72
50.20
32,823.78
106.96
61.57
48.40
29.16
37.87
75.74
32.46
54.10
167.82
32.46
54.10
167.82
70.33
1.
117.93
17.85
169.87
'~'f";~""~"" t0i,i3~t~N;;:.'i;>;~,; ';):~.':" :ir~~.;~i'::cf' ,,;~ "';. '.'. ':}I;'!~~:j!t<1~
01/06/12-08:47
City of Port Angeles - LIVE MACHINE
CHECK REGISTER
Date From 05/12/2001 To 06/08/2001
.
Fnd Opt Check
Nl.IIlber
Vendor
Name
Vendor
Nl.IIber
63697 Swain's General Store Inc. 19037
63703 United Parcel Service 21005
63707 Washington Fire & Safety Equip 23004
63713 Advanced Travel
01090
63727 Chinook Pharmacy
03513
63738 Washington (Unemp), State of 23178
63740 Evergreen Collision Center Inc 03207
63776 Peninsula Daily News 16012
63779 Port Angeles Police Department 16105
.
63784 Qwest
21001
63793 Sol Duc Clinic 19750
63823 Blumenthal Uniforms & Equipmt 02047
.
.63830 Captain T's
63831 City of Forks
63873 Quill Corporation
03048
06075
17000
Description
GL Code
Nl.IIlber
Ziploc bags,cleaner,trash bags 530 3101
Trash bags 530 3101
Weed killer 584 4810
Video tapes 530 3101
05-05 Shipping charges 530 4210
Service extinguisher 530 3101
Service extinguisher 530 3101
Peninger to Spokane 04-22 530 4310
Miller to Pierce County 04-29 530 4980
Coyle to Pierce County 04-29 530 4310
Coyle to Renton 04-25 530 4310
Inmate prescription 512 5099
Inmate prescription 512 5099
1st Qtr Unemployment Ins 533 2060
Tow services 530 4150
1 Yr Subs-41014458 pe 6-19-02 511 4901
Postage 530 4210
Batteries 530 3101
Petty cash box 511 4810
Keys 511 3101
Envelopes 534 3101
05-14 Billing 511 4210
05-14 Billing 5344210
05-14 Billing 5304210
Medical services-Willman 512 5099
Pins 530 3111
Chevrons 530 3111
Exchange pins 530 3111
Badge-Coyle 530 3111
Badge 530 3111
Car opening tools 530 3501
Shirts,emblems-Kovatch 530 2080
Shirts, emblems-Dombrowski 530 2080
Holster-Miller 530 2080
Shirts,emblems-Baertschiger 530 2080
Pants-Baertschiger 530 2080
Shirts,emblems,zipper-Brusseau 530 2080
. 530 2080
Shirts,emblems,zippers-Kuch 530 2080
1hirt,emblems,zipper 530 2080
Shi rt,emblems, zipper-Swayze 530 2080
Shirt,emblems-Coyle 530 2080
Shirts-Benedict 530 2080
Shirt,emblems-Wood 530 2080
K-9 emblems 530 4980
Pants-McFall 530 2080
Latex gloves-McFall 530 3101
Shirts,custom embroidery 530 3111
April Board bill 512 5099
Audio video tape,clips 530 3101
Pens 530 3101
June 12 2001
Page 5
Amount
21.91
8.41
9.71
10.00
9.83
15.15
15.15
33.00
384.72
384.72
57.50
152.51
9.90
2.39
84.52
105.00
86.92
15.13
17.21
5.00
4.29
163.96
117.11
28.61
62.28
61.21
320.96
12.40-
92.33
92.33
68.85
159.83
181.41
147.22
138.08
62.43
125.01
81.11
162.22
62.51
62.51
82.05
125.01
54.89
326.87
103.77
22.27
130.38
5,820.49
77.36
31.813
01/06/12-08:47 City of Port Angeles - LIVE MACHINE June 12 2001 Page 6
CHECK REGISTER
Date From 05/12/2001 To 06/08/2001 .
Fnd Dpt Check Vendor Vendor Description GL Code Amount
Number Name NUlber NUlber
Pens 530 3101 31.81
Labels,tape,cartridge 534 3101 158.65
63876 Regal Forms Inc. 18227 Parking tickets 534 4990 2,077.44
63890 Verizon ~ireless, Bellevue 01105 05-15 Bill ing 530 4210 397.30
63893 ~ashington (OIS), State of 23111 English PUP MVL 530 3160 119.50
April Scan charges 511 4210 13.76
April Scan charges 530 4210 56.60
April Scan charges 534 4210 16.27
63901 Advanced Travel 01090 Riepe to Tacoma 05-21 511 4310 126.00
Zenonian to Bellevue 05-21 534 4310 87.55
Total for Police 48,023.52
0006 63599 AT&T ~ireless Services 01404 05-02 Billing ale 45598455 642 4210 54.77
63600 AVAYA INC 12215 05-02 Billing 611 4210 39.07
05-02 Bill ing 642 4210 7.81
05-02 Bill ing 643 4210 7.81
05-02 Bill ing 641 4210 23.44
63601 Ace Equipment Company 01055 Edger blade 684 3120 6.38
63616 Camera Corner 03044 Processing, prints 642 3101 51.68
63631 Ferrellgas (Inc) 06024 Propane 684 4710 3~1'
63656 Metrocall 20000 04-28 Bill ing 644 4210
63669 Olympic Laundry & Clnrs Inc. 15026 April laundry svcs ale #150 641 3101 1 .
63670 Olympic Paper Company 15111 Paper towels,paper,trash bags 684 3101 138.28
63672 Olympic Stationers Inc. 15030 Transparencies,day planners 643 3101 31.79
Paper,calligraphy pens 642 3101 18.97
63685 Richmond 2-~ay Radio 18009 Service and repair 644 3114 86.67
Service and repair 644 3114 229.93
Tone filter,capacitor 644 3114 169.55
63694 Sunset Do-It Best Hardware 19035 Hydro test 641 3501 181.78
63697 Swain's General Store Inc. 19037 Film 643 3101 32.18
Key blanks 643 3101 2.16
63703 United Parcel Service 21005 05-05 Shipping charges 611 4210 20.24
63710 AT&T ~ireless Services 01404 05-02 Billing ale 46898102 611 4210 23.29
63739 Equipment Management Co 05234 Lift bag repair kit 641 3101 108.40
63760 Lincare Inc. 12134 Refill cylinders 643 3101 50.85
63778 Port Angeles Fire Department 16025 Reimburse petty cash supplies 611 3101 69.01
63784 Qwest 21001 05-14 Bill ing 611 4210 117.11
05-14 Billing 642 4210 23.42
05-14 Billing 643 4210 23.42
05-14 Bi II ing 641 4210 70.27
63800 ~A State Patrol 23057 Background check pe 04-30 644 4410 10.00
63823 Blumenthal Uniforms & Equipmt 02047 Chief badge 644 3111 41.34
Jacket,emblems-Doyle 643 2080 256.58
63832 Clallam CO EMSI 03068 Medic 1 Advisory-June 643 4150 500.00
63851 Life Assist 12202 First aid supplies 643 3199 266.98
First aid supplies 643 3101 10.
63859 Mine Safety Appliances Company 13218 Helmet,shield 641 3111 32
63870 Port Angeles City Treasurer 03062 Reimburse clothing-Patterson 643 2080 30.00
Reimburse clothing-Sekac 641 2080 6.49
63879 Sea~estern Inc. 19104 Friction buckle 641 3501 25.94
34
------
01/06/12-08:47
City of Port Angeles - LIVE MACHINE
CHECK REGISTER
Date From 05/12/2001 To 06/08/2001
.
Fnd Opt Check
Number
Vendor
Name
Vendor
Number
63890 Verizon Wireless, Bellevue
01105
63893 Washington (DIS), State of 23111
63897 Xerox Corporation 24001
63901 Advanced Travel 01090
63927 Costco Credit Card Pmts 03261
63939 Larry'S Janitor Service 12040
63949 Olympic Air Pollution Cont Aut 15017
63964 Safeway Inc. 19045
63965 SeaWestern Inc. 19104
. 0007 63600 AVAYA INC 12215
63616 Camera Corner 03044
63630 Federal Express Corp. 06022
63643 Jobs Available Inc 10022
63671 Olympic Printers Inc. 15027
63672 Olympic Stationers Inc. 15030
63673 Pacific Office Equipment Inc. 16004
63674 Pacific Office Furniture 16518
63679 Port Angeles City Treasurer 03062
63703 United Parcel Service 21005
63725 CH2M Hill Inc 03005
. 63737 Economic & Engineering Svc Inc 05004
63761 Mahlum, James 13009
63762 Marsh Mundorf Pratt & Sullivan 13287
Description
GL Code
Number
05-15 Billing 643 4210
05-15 Billing 6434210
05-15 Billing 641 4210
05-15 Billing 641 4210
April Scan charges 611 4210
April Scan charges 641 4210
April Scan charges 643 4210
DC220SS April lease 611 4530
Wheeler to Lake Chelan 05-06 611 4310
Reid to Natl Fire Academy 5-06 641 4310
Office supplies 611 3101
Office supplies 6423101
Office supplies 684 3101
May Janitor service 684 4150
Burn Permit Fee 643 4310
Refreshments 641 3101
Gauges 641 3501
05-02 Billing 711 4210
Photos 711 3101
Photos 711 3101
Photos 711 4990
04-27 Shipping charges 711 4210
'Electric Eng Specialist' 711 4410
Envelopes 711 3101
Letterhead 711 3101
Business cards-Hughey 711 3101
Notebooks,file folders, stapler 711 3101
Wastebasket , dry eraser 711 3101
Pendaflex frame,folders,clips 711 3101
Pens 711 3101
Binders,post-it notes 711 3101
Disc mailer,CD mailer 711 3101
Rubber bands 711 3101
Foot rest,mouse pads,labels 711 3101
Rubber bands,page-up holder 711 3101
Service printer 711 4810
Deskjet ink 711 3101
Table 711 3101
Table 711 3101
Filing fees 711 4990
05-05 Shipping charges 711 4210
05-05 Shipping charges 711 4150
Morse Creel IFIM Review 711 4150
E UGA Annexation Assistance 711 4150
Electric/SW Rate Study pe 4-30 711 4150
Reimburse tuition expense 711 4310
Slice Group pe 04-30 711 4901
WPAG 2001 pe 04-30-01 711 4901
June 12 2001
Total for Fire
Page 7
Amount
4.73
31.49
6.63
10.01
26.06
1.07
1.76
197.97
574.06
174.00
47.04
108.19
136.52
395.00
25.00
26.12
166.29
5,428.06
211.05
7.39
19.37
6.23
5.55
248.40
334.23
294.90
79.74
52.36
27.35
21.17
14.07
21.54
54.55
4.27
76.38
16.53
86.56
68.71
74.66
74.66
31.00
5.37
23.12
2,711.63
1,050.57
1,127.15
577 .50
135.00
~.s
01/06/12-08:47 City of Port Angeles - LIVE MACHINE June 12 2001 Page 8
CHECK REGISTER
Date From 05/12/2001 To 06/08/2001 .
Fnd Opt Check Vendor Vendor Description GL Code Amount
Nunber Name Nunber Nunber
63766 McLain, Scott 13352 Reimb 'PW Appreciation' exp 711 3101 69.49
63nO NWPPA 14013 NW Load Mgt Forum-Dunbar 711 4310 75.00
63784 Qwest 21001 05-05 Bill ing 711 4210 43.14
05-14 Billing 711 4210 655.83
63786 Qwest Conferencing Services 21020 Conference call 711 4210 99.18
63799 Utilities Underground Loc Ctr 21010 Underground locates-April 711 4150 51.14
63817 American Guide Services Inc. 01374 Extinguisher Guides 711 3101 370.90
63836 EES Consulting Inc. 05140 2001 Scope-April services 711 4901 578.49
63870 Port Angeles City Treasurer 03062 PW Appreciation Day supplies 711 3101 2.14
Sheet protectors .711 3101 9.70
63890 Verizon Wireless, Bellevue 01105 05-15 Billing 711 4210 28.15
05-15 Billing 711 4210 9.76
05-15 Bill ing 711 4210 9.76
05-15 Billing 711 4210 9.76
63891 Viking Office Products 22054 Office suppl ies 711 3101 147.64
63893 Washington (DIS), State of 23111 2 HP printers,tray,env feeder 711 6410 9,647.50
Sheet input tray 711 6410 787.80
Credit Sheet input tray 711 6410 925.38-
Upgrade Autocad software 711 3160 3,554.24
April Scan charges 711 4210 230.03
63897 Xerox Corporation 24001 DC265 Copier Lease-April 711 4530 1'0~.
DC214S Lease-April 711 4530
DC420SX April lease 711 4530 34 .
63901 Advanced Travel 01090 Cutler to Maryland 05-06 711 4310 260.50
63937 Kenworthy, Gary 11013 Reimburse mileage expense 711 4310 14.75
63952 Pacific Office Equipment Inc. 16004 Service call printer 08-15-00 711 4810 86.32
63975 Viking Office Products 22054 Letter,leaflet holders 711 3101 39.58
Total for Public Works 25,620.62
0008 63600 AVAYA INC 12215 05-02 Bill ing 811 4210 23.44
05-02 Bill ing 866 4210 7.81
05-02 Bill ing 865 4210 7.81
05-02 Billing 861 4210 15.63
05-02 Billing 862 4210 7.81
05 - 02 B illi ng 863 4210 23.44
63601 Ace Equipment Company 01055 Blade for lawn edger 865 3120 18.33
Bearings,seals,gasket,chain 865 3120 76.67
63604 American Guide Services Inc. 01374 City Park Booklets 811 4410 600.00
63607 Angeles Lock Shop 12050 PO-Painting entrance, Spindle 830 6310 10.n
63609 Angeles Millwork 01073 Hardware 865 3120 5.66
Paint pot 865 3120 8.14
Lunber,plywood 865 3120 46.81
Roller cover,paint tray 865 3120 6.35
Nails,hook blade 861 3120 32.17
Hex cap 865 3120 2.60
Nails,paint 830 6310 1.
Paint 830 6310
Drillbit 865 3120 5.52
Paint 830 6310 19.47
36 Bracket, lag screw 865 3120 28.82
01/06/12-08:47
.
Fnd Dpt Check
NlIIlber
.;"';'d"
City of Port Angeles - lIVE MACHINE
;'::)ii}-i.':,
CHECIC REGISTER
Date From 05/12/2001 To 06/08/2001
Vendor
Name
Vendor
Nunber
63612 Blake Sand & Gravel Inc. 02045
.
63613
63620
63622
63627
Blue Mountain Tree Service
Cornell Auto Parts
Denver's Tire Co. Inc.
Eel ipse C Corp.
Inc 02021
03092
04044
19019
63630 Federal Express Corp. 06022
63636 Hartnagel Building Supply Inc. 08052
63639 Hiroshima Jacobs Ruth & lewis 08495
63644 lCaman Industrial Technologies 11082
63646 lCompan Inc 16051
63652 lincoln Industrial Corp. 12047
63669 Olympic laundry & Clnrs Inc. 15026
63670 Olympic Paper Company 15111
63672 Olympic Stationers Inc. 15030
.
63673 Pacific Office Equipment Inc. 16004
Description
Gl Code
Nunber
Bracket,hex lags 865 3120
Bristle brush, knot cup 865 3120
Sockets 865 3501
Credit socket 865 3501
PIC-paint breezeway,roller cove 830 6310
Concrete mix 865 3120
Bristle brush 865 3120
Toggle bolt,washers,hex nut 865 3120
Spikes 865 3501
lunber 865 3120
Plywood 865 3120
PIC-lincoln Fencing,paint 865 6510
PIC-lincoln Fence,caution tape 865 6510
Blade clamp, labor 865 4810
Gloves 865 3120
Storage hooks,lllllber 865 3120
Hex lags,l bracket 865 3120
Concrete mix 865 3120
Top soil 865 3140
PIC-lincoln Fencing,cement 865 6510
PIC-lincoln Fencing,soil 865 6510
Remove tree 865 4810
Hose 866 3120
Tire,mount,demount 865 3120
Reject mix 865 3140
Crushed rock 865 3140
Washed sand 865 3140
04-27 Shipping charges 865 4990
CH-Replacement ceiling tiles 830 6310
Acoustic tile 830 6310
Stucco panel 830 6310
Shovel blade 866 3120
Refund Deposit-VBMCC Mtg Room 865 34730018
Bearings,links,chains 865 3120
Seal 865 3120
6 Hole Big Toy 865 3120
Correct invoice amount 865 3120
Pipe,cut 865 3120
April laundry svcs alc #1003 830 3101
Hand soap 862 3120
Cleaner,bathroom tissue,spraye 830 3120
Carpet cleaning supplies 8304810
liquid bleach 830 3101
Deodorizer,cleaner,wet mop 830 3101
Vinyl letters, label maker,pape 866 3101
labelmaker,labels 8663101
Binder,message pads, labels 866 3101
Credit pop-up post-it notes 811 3101
Post-it notes 811 3101
Service typewriter,parts 861 3101
Deskjet ink, correctable ink 866 3101
June 12 2001
Page 9
Amount
18.96
19.10
5.39
2.69-
14.37
23.59
3.99
1.41
4.20
6.98
31.79
5.94
10.99
28.35
2.86
18.70
8.12
33.00
11.31
83.86
76.17
703~30
22.71
104.68
210.99
357.06
908.88
5.25
287.70
287.70
196.92
38.93
80.00
71.73
13.84
171 .68
1.59
16.18
15.26
123.89
129.43
31.33
9.47
105.67
n.13
22.01
53.41
9.69-
15.76
87.00
37
01/06/12-08:47
City of Port AngeLes - LIVE MACHINE
CHECK REGISTER
Date From 05/12/2001 To 06/08/2001
Fnd Opt Check Vendor Vendor
Number Name Nutber
63674 Pacific Office Furniture 16518
63676 Parker Paint Mfg Co. Inc. 16201
63677 PeninsuLa DaiLy News 16012
63678 Pettit Oi L Company 16302
63679 Port AngeLes City Treasurer 03062
63681 Port AngeLes Power Equipment 16122
63685 Richmond 2-Way Radio 18009
63694 Sunset Do-It Best Hardware 19035
63697 Swain's GeneraL Store Inc.
19037
38
Description
GL Code
NLJIlber
160 Stack chairs' 861 6410
Paint,primer 865 3120
Primer,roLLer cover,frame,brus 865 3120
RoLLer cover,paint tray 865 3120
Ord#3077-Cremated remains 811 4410
SoLvent,bucket,lid 866 3120
Refund swim lessons 862 34760013
RototiLLer attachment 865 3501
InstalL radio,converter 865 4810
Cylinder rent 866 3101
Cylinder rent 865 3101
CyLinder rent 865 3101
CyLinder rent 866 3101
Snap ring,hitch pin cLips 865 3120
FLat washer,boLt,tape,tool tot 862 3120
PVC cap 865 3120
DriLL bit,anchor wedge,gloves 861 3120
RoLLer frame,rolLer cover 865 3120
Chain,washer,eye bolt,Link 865 6510
Tape 865 3120
Brush handLe, adjustabLe wrench 865 3501
Nozzle,adapter,bushing 866 3120
Flat washer, Lockwash,hex nuts 865 3120
Plug,blo-gun,infLator gage 865 3120
Lynch pin 865 3120
Cylinder rentaLs 865 3101
Cylinder rentaLs 866 3101
Cleaner,spraypaint,brush 861 3120
Bib trousers 865 3120
Screwdriver set,pLiers,padLock 865 3501
Freezer container,marker 865 3120
Irrigation suppLies 865 3140
Trash can 865 3120
Tarps 865 3120
Gripper gloves 865 3120
CabLe ties 865 3120
Starter fluid,batteries,hose 866 3120
Bib trouser, jacket 865 3120
Concrete mix 865 3120
Gloves 865 3120
Concrete mix 865 3120
Cable ties,snap 865 3120
CabLe ties 865 3120
Hardware 865 3120
Hardware 865 3120
Batteries 865 3120
Hardware 865 3120
ZipLoc bags,life vest,bandaids 862 3101
Tape, level 865 6510
Caulk,clamps,cauLk gun 861 3120
Rain gear 865 3120
June 12 2001
Page 10
Jt
4,599.80
347.28
38.28
9.87
15.99
52.30
57.50
373.29
779.03
10.79
16.19
16.23
" 10.82
16.97
20.17
.75
30.93
12.52
103.60
5.82
~i
55.37
2.77
16.23
10.82
46.77
48.58
99.31
7.30
4.94
14.03
38.67
4.19
16.04
45.05
129.56
9.64
8.48
16.07
32.81
10.25
3.75
3.97
10.68
.
30.67
84.76
48.47
, ;'*~:~.'q~',~r~~.iHJ~:~~:~~'w:~';- :~!W%~~i~~!~
01/06/12-08:47
City of Port Angeles
'fi ';\:~,\>,~A""
i;",-,"h/\
'ht~t~
- i;;{IVe MACHINE
;1';,.;"<C,',;','
CHECK REGISTER
Date From 05/12/2001 To 06/08/2001
.
Fnd Opt Check
Nunber
Vendor
Name
Vendor
Nl.IIber
63698 Thurman Supply
20005
. 63713 Advanced Travel 01090
63715 All Phase Electric supply Co. 01061
63716 American Red Cross 01032
63721 Best Access Systems 02606
63732 Creative Delights Catering 03347
63738 Washington (Unemp), State of 23178
63743 Ford, Bob 06210
63765 Maybee's Del i 13036
63m Olympic Synthetic Products 15064
63776 Peninsula Daily News 16012
63780 Port of Port Angeles 16027
63784 Qwest 21001
63785 Qwest Communications 21087
63816 All Phase Electric Supply Co. 01061
.
63826 Builders Hardware & Supply Co. 02071
63830 Captain T's 03048
Description
GL Code
Nunber
June 12 2001
Trash can 865 3120
10 key tags, keys 865 3120
Rain gear 865 3120
Drain cleaner,brush 861 3101
Strap, gloves, plugs 865 3120
10 key tags, cable ties,shackle 865 3120
Cable ties 865 3120
Brooms 865 3140
Shoe goo, screen 865 3120
Rain gear,duct tape, funnel 865 3140
Weeding tools 865 3501
Angle broom 861 3120
Raingear 865 3120
Putty knife,roof patch, trap 865 3120
Faucets 862 3120
PVC coupling,elbow,bushing 865 3140
Chrome faucet, vinyl tubing 862 3120
Elbow,tee,adapter,pipe joint 865 3120
Adapter,bell reducer 865 3120
Light tubes 861 3120
Primer, gate valve,adapter,elbo 866 3120
Floodlight bulbs 865 3120
Brown to Ocean Shores 04-24 861 4310
Shane Pk Field lighting-2% 865 6510
Shane Pk Field lighting-2% 865 6510
Water Safety Instructor 03-29 862 3101
Locks, keys 865 3120
22 box lunches-training mtg 811 3101
1st Qtr Unemployment Ins 865 2060
Refund Vern Burton deposit 865 34730018
Sack lunches 811 3101
Float-less 2% disc 865 3120
April Pool ads a/c 4000238 862 4210
Drill and re-attach camel log 865 4810
05-14 Billing 862 4210
05-14 Billing 811 4210
05-14 Billing 866 4210
05-14 Billing 865 4210
05-14 Billing 861 4210
05-14 Billing 8624210
05-14 Billing 8634210
05-14 Billing 865 4210
05-14 Billing 8634210
05-14 Billing 8624210
Directory advertising 866 4410
Light bulbs less 2% 865 3120
Gym ceiling wiring less 2% 8303120
Wiring for Gym ceiling-2% 830 3120
Screws,gloves-2% disc 862 3120
Screws-2% disc 862 3120
Custom embroidery 862 3101
Page 11
Amount
21.04
3.03
129.56
4.37
8.74
14.09
13.74
14.00
4.51
84.20
72.29
9.60
129.56
7.77
58.97
12.67
105.39
19.37
1.28
34.08
88.25
7.55
473.45
685.00
955.80
105.00
420.26
154.00
11,m.59
100.00
53.01
331.51
429.87
1,680.35
42.26
70.27
23.42
23.42
46.85
23.42
70.27
39.56
52.07
47.44
148.42
28.14
21.24
131.11
50.10
36.54
90.893
01/06/12-08:47 City of Port Angeles - LIVE MACHINE June 12 2001 Page 12
CHECK,REGISTER
Date From 05/12/2001 To 06/08/2001 .
Fnd Opt Check Vendor Vendor Description GL Code
Amount
NlJIIber Name NlJIIber NlJIIber
63839 Fami l ian NW 06020 Valve flange 862 3120 203.04
Elbows,couplings,tubing 862 3120 267.35
63865 Otis Elevator Company Inc. 15034 Contract pmt pe 11-30-01 830 4150 1,252.17
63866 Peninsula College 16011 Feiro Contract-May pmt 877 4150 10,000.00
63870 Port Angeles City Treasurer 03062 Mon~nt cover 866 3120 34.59
63874 Quiring Mon~nts Inc. 17001 Marker, foundation-Woodcock 866 3401 373.35
Marker-Englund less 5% disc 866 3401 185.25
Marker,foundation-Lockhart-5% 866 3401 650.75
Mon~nt-Anderson-5% disc 866 3401 2,263.85
63880 Specification Sales Inc. 19029 Shower cartridges-2% disc 862 3120 568.18
63890 Verizon Wireless, Bellevue '01105 05-15 Bill ing 861 4210 9.76
63893 Washington (DIS), State of 23111 April Scan charges 811 4210 14.28
April Scan charges 861 4210 19.05
April Scan charges 863 4210 3.95
April Scan charges 865 4210 1.08
April Scan charges 866 4210 5.62
63897 Xerox Corporation 24001 DC220SS April lease 861 4530 197.97
63903 All Phase Electric Supply Co. 01061 Fluorescent lights 861 3101 42.19
63904 Automatic Wilbert Vault Co Inc 01089 Urn 866 3401 150.00
63925 Grainger Inc. 07015 Brass hose fittings 862 3120 71.81
Timer,sauna light,flush valve 862 3120 270.93
63952 Pacific Office Equipment Inc. 16004 Repair copier 862 4810 4~.
Office chairs 04-27-00 811 3101
Copy cartridge 07-14-00 861 3101 52.87
63959 Qwest 21001 05-20 Qwest billing 863 4210 60.50
63968 Strait Music 19347 Microphones 861 3120 103.85
63969 Terma-Planners and Architects 20244 Plans and Specs-Bidding 811 4150 2,657.00
Total for Parks & Recreation 51,924.77
Total for General Fund 205,982.86
101 0001 63790 Ravenhurst Development Inc 18362 PA Conference Center 122 4150 451.33
63825 Brewer, David 02055 Contract services-June 115 4990 100.00
63869 Port Angeles Chamber Of Comm. 16023 Ferry pubs, newspaper ads 122 4150 9,385.40
Reimb May Visitor Ctr expenses 115 5083 6,925.28
Internet access,domain name 122 4150 590.00
Total for Convention Center Fund 17,452.01
102 63624 Direct Safety Company 04279 Safety glasses,supplies 102 2370000 10.63-
Safety lenses 102 2370000 1.99-
Total for Department 12.62-
0007 63599 AT&T Wireless Services 01404 05-02 Billing alc 44580470 752 4210 14.11
63600 AVAYA INC 12215 05-02 Billing 752 4210 .
63601 Ace Equipment Company 01055 Plugs,labor,spike 752 3501
Chair 752 3120 15.15
Blower, line 752 3501 251.50
40 63605 Angeles Concrete Products 01070 Concrete 752 3120 532.76
;.,..~t;~f~W;;Y@~~it':t1<~~'~:) ,~~ttm~~r::'!~: .'( \<';;:i'i,;;~';::st~:;,~.:r~
01/06/12-08:47
City of Port Angeles -
MACHINE
June 12 2001
.
CHECK REGISTER
Date From 05/12/2001~To 06/08/2001
Fnd Opt Check
NlJl1ber
Vendor
Name
Vendor
NlIIIber
63609 Angeles Millwork
01073
63612 Blake Sand & Gravel Inc.
02045
63624 Direct Safety Company
04279
63648 Lakeside Industries Inc.
12036
63672 Olympic Stationers Inc. 15030
63686 Ridout, Ken 18011
63694 Sunset Do-It Best Hardware 19035
63697 Swain's General Store Inc. 19037
. 63698 Thurman SuppLy 20005
63713 Advanced Travel 01090
63n6 Peninsula DaiLy News 16012
63784 Qwest 21001
63826 Builders Hardware & SuppLy Co. 02071
63855 Maristar AsphaLt Paving Ltd 13186
63885 Transfac Funding Corporation 20059
63890 Verizon WireLess, Bellevue 01105
63893 Washington (DIS), State of 23111
63921 Diversified Resource Center 04052
63922 Evergreen Safety CounciL Inc 05011
Description
GL Code
NlIIIber
Router bit,jigsaw blade 752 3101
LlIIIber 752 3120
LlIIIber,hardware 752 3120
Masking tape,staples 752 3120
LlIIIber 752 3101
Router bit 752 3120
Paint,masking tape 752 3101
Grout 752 3101
PVC solvent weLd 752 3120
Expansion joints 752 3120
Safety glasses,supplies 7523120
Safety lenses 752 3120
AsphaLt 752 3120
AsphaL t 752 3120
AsphaLt 752 3120
Asphalt 752 3120
Notebooks,fiLe foLders, stapLer 752 3101
Reimburse miLeage 752 4310
Tie-downs 752 3125
Hose for spray tank 752 3120
Chalk, spray bottles 752 3125
Razor bLades,putty knife 752 3125
Receptacle,bushing,nippLe 752 4810
MiLLer to BeLLingham 03-26 752 4310
Nat'L Work Zone week-April ads 7524990
05-14 Billing 752 4210
Screws,gLoves-2% disc 752 3120
RepLace concrete curbing 752 3120
Shipping chgs-Zumar 752 4210
05-15 BiLling 752 4210
ApriL Scan charges 752 4210
May JanitoriaL svcs 752 4150
Traffic training-Wells,Kaufman 752 4310
TotaL for Public Works
Total for Street Fund
103 0001 63600 AVAYA INC 12215 05-02 Billing 123 4210
63679 Port Angeles City Treasurer 03062 Chamber luncheons 123 3101
63784 Qwest 21001 05-14 Billing 123 4210
63893 Washington (DIS), State of 23111 April Scan charges 123 4210
63901 Advanced Travel 01090 Smith to Everett 05-13 123 4310
TotaL for Economic Development
.0005 63600 AVAYA INC 12215 05-02 Billing 532 4210
63649 Language Line Services 12345 'Over the Phone' Interp svcs 532 4150
63672 Olympic Stationers Inc. 15030 Paper 532 3101
63673 Pacific Office Equipment Inc. 16004 Service printer 532 4810
63703 United Parcel Service 21005 05-05 Shipping charges 532 4210
Page 13
Amount
22.59
5.65
67.22
5.51
15.21
29.21
43.23
17.36
8.01
27.05
140.25
26.23
293.27
489.41
94.13
214.24
52.36
64.40
18.17
17.04
7.74
14.59
60.98
260.10
164.81
70.27
56.16
876.42
65.52
11.62
.36
n.83
250.00
4,456.29
4,443.67
7.81
22.95
23.42
13.53
41.50
109.21
132.84
12.29
75.74
114.69
43~
01/06/12-08:47
City of Port Angeles - LIVE MACHINE
CHECK REGISTER
Date From 05/12/2001 To 06/08/2001
June 12 2001
Fnd Opt Check Vendor Vendor Description GL Code
Nunber Name Nutber Nutber
63713 Advanced Travel 01090 Wu to Chicago 04-29 532 4310
Wu to Yakima 05-09 532 4310
63784 Qwest 21001 05-14 Bi II ing 532 4210
63873 Quill Corporation 17000 Clasp envelopes 532 3101
Ribbon,pens,steno book 532 3101
Pens 532 3101
63893 Washington (DIS), State of 23111 April Scan charges 532 4210
174 0008 63604 American Guide Services Inc. .01374
63672 Olympic Stationers Inc. 15030
63679 Port Angeles City Treasurer 03062
63697 Swain's General Store Inc. 19037
63714 Albertson's Inc. 01204
63795 Sound Restaurant Supply Inc. 19315
63815 Albertson's Inc. 01204
63830 Captain T's 03048
63870 Port Angeles City Treasurer 03062
63877 Rocky Mountain Elk Foundation 18421
63919 District 13 04050
63952 Pacific Office Equipment Inc. 16004
178 0005
63697 Swain's General Store Inc.
19037
186 0008
63612 Blake Sand & Gravel Inc.
02045
63694 Sunset Do-It Best Hardware
63898 York Bronze Co
19035
12289
208 0002
63610 Bank of New York, The
02175
209 0002
210 0002
42
City Park Booklets
Paper
After School supplies
Softballs
Glue
Buns, ice
Cleaner, heating element
Refreshments
Shirt,custom embroidery
After School supplies
Damage deposit rfd-cleaning
Ulll>i res-Smoked Sa lmon Tourney
Repair printer
Total for PenCom
880.4410
880 3101
888 3101
881 3101
888 3120
888 3101
889 3101
888 3101
881 3101
888 3101
889 36240025
881 4150
888 3120
Total for Recreational Activities Fund
Cleaning supplies
Floorwax,mopstick,mophead
Fire extinguisher,ammunition
537 3101
537 3101
537 3101
Total for Law Enforcement Firearms Range
Top soi l
Jet set
Top soi l
Adapter,spike,concrete,lag
Plaque-Flodstrom
Plaque-Margolis
873 3101
873 3101
873 3101
873 3101
873 3401
873 3401
Total for Waterfront Trail Fund
Admin fees-PORANGCLID90
292 4150
Page 14
.
Amount
38.00
22.50
398.18
43.26
202.73
6.37
46.04
1,097.98
3,254.56
37.87
9.63
302.27
16.20
18.11
150.98
15.11
49.23
10.73
121
1,03
86.
5,106.01
75.96
14.15
36.16
126.27
45.23
56.26
11.31
114.59
55.46
55.93
338.78
41.33
Total for L.I.D. Control Fund 41.33
Admin fees-PORANG92
297 4150
Total for 1992 GO Bonds ( Fire Station
Admin fees-PORANGG095
291 4150
48.40
4.
42.23
01/06/12-08:47
.
Fnd Opt Check
Nunber
310 0007
0008
.
316 0008
;';':~:'~~;%~~.~~~~~if'tf;~f€;~T~'"~~"::~';7;~f~?'.~&,.~~~t\~' .
City of Port Angeles -
MACHINE
CHECK REGISTER
Date From 05/12/2001 To 06/08/2001
Vendor
Name
Vendor
Nunber
63630 Federal Express Corp.
63747 Hays Architect Inc, Kenneth
63878 Schmitt's Roofing Inc.
63984 Zenovic & Associates
667128 Lakeside Industries Inc.
06022
08456
19571
26216
12036
63627 Eclipse C Corp.
19019
63694 Sunset Do-It Best Hardware
63697 Swain's General Store Inc.
19035
19037
63698 Thurman Supply
20005
63776 Peninsula Daily News
16012
63612 Blake Sand & Gravel Inc.
63697 Swain's General Store Inc.
02045
19037
401 63602 Ager, Daina and Michael 01495
63611 Bell, Angela 02605
63628 England, Estate of Sharlene 05233
63642 Int'l Municipal Signal Assn 09029
63651 Lemagie, Colleen 12261
63653 Little, Jessica 12372
63654 Louderback, Darci 12373
63657 Meyer, Reva 13623
63661 Morgan, Page 13622
63663 North Coast Electric Company 14173
63665 OCWEN C/O John L Scott Realty 15209
63668 Olhausen, Nicole 14485
. 63687 Rigg, John 18420
63691 Silvis, Leah 19767
63699 Titus, Randell 20314
63709 Western States Electric Inc. 23025
Description
June 12 2001
GL Code
Nunber
Total for 1995 GO Bonds ( Library )
04-27 Shipping charges 774 4210
Laurel Slide ,Stairway pe 4-30 783 4150
Inspect Fire Hall roof 783 4150
Centennial Trail pe 05-25 792 4150
8th St Restoration pmt 4 792 4150
Total for Public Works
Reject mix 897 3101
Reject mix-Valley Crk Estuary 8973101
Reject mix 897 3101
Marking flags 897 3101
Teflon tape, irrigation supplie 897 3101
Irrigation fittings 897 3101
PVC primer,PVC cement 8973101
PVC primer,PVC tee, elbow, shove 897 3101
Threaded cap,elbow,tee,adapter 8973101
Francis St Improvements 890 4410
Total for Parks & Recreation
Total for Capital Improvement Fund
Crushed rock
Smoke detector
860 3101
860 3101
Total for Lincoln Park Improvement Fund
Utility deposit rfd-001350014
Utility deposit rfd-124236007
Utility deposit rfd-034236002
Traffic Manuals
Traffic Signal Manual
Utility overpmt rfd-027111003
Utility deposit rfd-086720024
Utility deposit rfd-101008004
Utility deposit rfd-001864029
Utility deposit rfd-040410025
PVC conduit
PVC conduit
Utility overpmt rfd-033049005
Utility overpmt rfd-100684016
Utility overpmt rfd-068853004
Utility deposit rfd-124512012
Utility overpmt rfd-103586029
Utility deposit rfd~001813013
Utility overpmt rfd-051241025
Utility deposit rfd-051241025
Wire,insulators,clamps
401 2391200
401 2391200
401 2391200
401 2370000
401 2370000
401 1222200
401 2391200
401 2391200
401 2391200
401 2391200
401 1414000
401 1411000
401 1222200
401 1222200
401 1222200
401 2391200
401 1222200
401 2391200
401 1222200
401 2391200
401 1411000
Page 15
Amount
42.23
79.05
536.25
200.18
196.00
137,557.44
138,568.92
70.33
70.33
35.17
12.51
13.94
16.66
16.45
40.46
19.19
239.44
534.48
139,103.40
63.62
39.87
103.49
50.94
86.01
121.38
16.32-
5.58-
215.42
49.49
29.63
63.86
83.96
1,382.83
113.39
174.n
131.62
24.39
108.54
115.09
28.80
65.01
120.00
2,22f3
01/06/12-08:47 City of Port Angeles - LIVE MACHINE June 12 2001 Page 16
CHECK REGISTER
Date From 05/12/2001 To 06/08/2001 .
Fnd Opt Check Vendor Vendor Description GL Code Amount ..
Nl.IIlber Name Nl.IIlber Nl.IIlber
Grounding connectors 401 1411000 545.33
Reliable deadends 401 1411000 393.85
Credit clamp, insulators 401 1411000 1,109.59-
Credit wire 401 1411000 842.66-
63715 All Phase Electric Supply Co. 01061 Ground rods 401 1414000 145.00
Ground rods 401 1411000 11.90
63750 Hovey, Vicki 08497 Utility deposit rfd-066745031 401 2391200 58.03
63751 Hurn, Al ice 08498 Utility deposit rfd-018490032 401 2391200 81.39
63763 Martinez, Rafael 13624 Utility deposit rfd-124587009 401 2391200 190.87
63764 Mathis, Mark 13625 Utility deposit rfd-099139033 401 2391200 12.11
63797 Thatcher, Thomas 20081 Utility Deposit rfd-022152018 401 2391200 140.19
63808 Woods, Denver 23579 Utility deposit rfd-060143008 401 2391200 67.13
63842 GTSI Corp 07350 Laptop battery 401 2370000 18.86-
63848 Keith Illumination Corp 11245 Electrical junction boxes 401 2370000 12.13-
63873 Quill corporation 17000 Phone director,knife,pencils 401 2370000 3.31-
63896 Western States Electric Inc. 23025 Vise grips, washers, screws 401 1411000 578.06
Vise grips 401 1411000 160.81
Clamp,eyenuts,bolts,elbows 401 1411000 913.47
63909 Smiens, Chauna 19nO Utility deposit rfd-034276005 401 2391200 16.13
63912 Quaintance, Cole 17029 Utility deposit rfd-012041019 401 2391200 96.25
63918 Direct Safety Company 04279 Lens frames 401 2370000 I
Lens frames 401 2370000
63926 Col in, Gregory 03611 Util ity deposit rfd-027588022 401 2391200 141.
63930 Jackson, Chris 10223 Util ity deposit rfd-000264021 401 2391200 250.00
63950 Oak Harbor Freight Lines Inc. 15079 Shipping chgs Western Electric 401 1411000 120.17
63977 WESCO Distribution Inc. 23150 Photo eyes, caps, connectors 401 1411000 185.26
63982 Western States Electric Inc. 23025 Ampact take-off clips 401 1411000 44.68
Total for Department 7,363.57
0009 63600 AVAYA INC 12215 05-02 Bill ing 911 4210 109.40
63601 Ace Equipment Company 01055 Sharpening service,chain 911 4810 33.81
63607 Angeles Lock Shop 12050 Locks 911 4810 47.95
63609 Angeles Millwork 01073 Ll.IIlber 911 4810 2.59
63615 Calhoun & DeJong Inc 03608 Filter systems,elements 930 6510 30,481.24
63620 Cornell Auto Parts 03092 Cleaning solution 911 3120 11. 40
63635 Hansen Supply Company Inc 08478 Reflective tape 911 3120 461.69
Vinyl tape 911 3120 172.43
63636 Hartnagel Building Supply Inc. 08052 Cedar shims 911 3101 3.87
Screws,ll.lllber,hardware 911 4810 18.30
Lumber 911 3101 4.24
Ll.IIlber 911 4810 24.13
Screws, insert bit,driver bit 911 4810 14.40
Hinge,ll.lllber,plywood,woodtape 911 4810 256.52
63640 IFCO Industrial Container Sys. 14172 55 Gallon drums, tops 911 4810 195.15
55 Gallon drums, tops 911 4810 195.15
Sales tax on drums, tops 911 4810 ~.
Sales tax on drums, tops 911 4810
63641 IMSA NW Section 2001 Conf. 09098 Traffic Signal I-Shay,Marks 911 4310 220.00
63642 Int'l Municipal Signal Assn 09029 Traffic Manuals 911 4310 215.32
44 Traffic Signal Manual 911 4310 73.58
':"""~i~j!'i,:'f~fAI;I!i;:;~~'t:'ilj.,,*<:,,'tf1~'\}'~~": '
. .
01/06/12-08:47
.
City of Port Angeles -\L.~VE MACHINE
CHECK REGISTER
Date From.05/12/2001,To06/08/2001
Fnd Dpt Check
NlIIIber
Vendor
Name
Vendor
NlIIIber
63655 McGraw-Hill Inc. 13248
63659 Middleton Auto and Truck Inc. 13117
63662 N C Machinery Co. 14001
63663 North Coast Electric Company 14173
63664 Northwest Fence Co. 14071
63672 Olympic Stationers Inc. 15030
63673 Pacific Office Equipment Inc. "16004
63674 Pacific Office Furniture 16518
63676 Parker Paint Mfg Co. Inc. 16201
636n Peninsula Daily News 16012
63683 Public Utility Dist Clallam Co 16038
63694 Sunset Do-I t Best .Hardware 19035
. 63697 Swain's General Store Inc. .19037
.
63698 Thurman Supply 20005
63703 United Parcel Service 21005
63707 Washington Fire & Safety Equip 23004
63709 Western States Electric Inc. 23025
63715 All Phase Electric Supply Co. 01061
63730 CliniCare of PA Inc. 03080
63735 Den-Ree Productions 04342
63736 Eager Beaver.Environmental Inc 05 on
63738 Washington (Unemp), State of 23178
63748 Highline Equipment Inc. 08063
63754 Ireland, David H 09133
63755 Jim's Trophies 10007
63782 Public Utility Dist Clallam Co 16038
63783 Puget Safety Equipment Inc 16248
63784 Qwest 21001
63787 Raab, Dr. Charles 18145
63792 Smith & Associates Inc.,David 19122
63798 TriAxis Engineering Inc ' 20274
63802 Washington (DRS), State of 23141
Description
GL Code
NlIIIber
Member dues #67558-Shay 911 4310
Member dues #67559-Marks 911 4310
'Environmental Law' 911 3101
Clamp 911 8100
Caterpillar rental 04-23-04-27 911 4810
conduit couplings 911 3402
PVC conduit 911 3402
Chain link panels,anchors 911 4150
Adj purchase amt for stamper 911 3101
Forms holder 911 3120
Toner 911 3120
Bookcase 911 3120
Trays,roller cover,roller fram 911 4810
Ord#3078-IBEW #997 Pay plan 911 4410
Hearing-Telecommunications 911 4410
05-11 Billing-SR101 and Euclid 911 3350
04-24 Billing-2110 Glass Rd 911 3350
05-14 Billing-Golf Course Rd 911 3350
Drill bit 911 4810
Nipple,steel plug 911 4810
Tarp 911 4810
Broom,outlets,co~t hook 911 4810
Tool hook,coat hook 911 4810
Plugs"connectors 911 4810
Wrench set,sockets 911 3501
Tubing,reducing bushing 911 4810
Handy box,connector,switch,cov 911 4810
05-05 Shipping charges 911 4210
05-05 Shipping charges 911 4210
05-05 Shipping charges 911 4210
05-05 Shipping charges 911 4810
Service extinguisher 911 4150
Wire,insulators,clamps 911 3402
Light fixtures 911 4810
DOT Physical-Raemer 911 4310
Telecomm consulting,expenses 911 4150
Drum lids 911 3120
1st Qtr Unemployment Ins 911 2060
Universal adapter 911 3501
Hot line grips 911 3501
Reimburse mileage 911 4310
Engraved plaque 911 4310
05-16 Billing-Lauridsen Blvd 911 3350
Assist overhead outage repair 911 4150
Reflective tape 911 3120
05-14 Billing 911 4210
05-14 Billing 911 4210
Covert to underground svc 930 4150
Photogrammetric svcs pe 04-30 930 4150
'I' St Rebuild pe 04-27 930 6510
Statewide Pensioners-April 911 2030
June 12 2001
Page 17
Amount
40.00
40.00
121.20
8.65
2,975.50
41.83
263.11
145.67
.03-
32.43
69.25
63.84
37.58
15.99
29.52
15.84
86.26
15.94
8.42
6.64
39.89
34.54
7.83
107.43
87.84
4.36
20.51
6.45
5.86
4.98
5.86
20.56
986.52
108.20
72.00
5,733.18
211.58
1,323.00
35.n
453.40
69.03
171.32
17.15
175.88
33.58
327.92
42.26
939.72
3,993.00
891.96
20045
01/06/12-08:47 City of Port Angeles . LIVE MACHINE June 12 2001 Page 18
CHECK REGISTER
Date From 05/12/2001 To 06/08/2001 .
Fnd Opt Check Vendor Vendor Descripti on GL Code Amount
NlJIber Name ) N IJIbe r NlJIber
63816 All Phase Electric Supply Co. 01061 Wire-street lights-2% 911 3402 14.67
Wire-street lights-2% 911 3402 14.67
Conduit less 2% 930 3402 33.95
Conduit less 2% 930 3402 169.74
Heat shrink sleeves less 2% 911 3402 22.64
Heater,bracket,strap-2% disc 911 4810 256.83
Electrical parts-2% disc 911 4810 58.19
PVC flex-2% disc 911 3402 75.74-
63818 Atlas Supply 01496 Silicone sealant-1% disc 911 4810 100.68
63842 GTSI Corp 07350 Laptop battery 911 3160 248.86
63848 Keith Illumination Corp 11245 Electrical junction boxes 911 3120 159.99
63854 Mahlum, James 13009 Convert OH electrical rebate 930 4150 1,241.60
63856 Met roca II 20000 Activate p8ger#010-175-778 new 911 4210 19.87
63857 Metropolitan Communications 13568 Community Telecom Planning 7 911 4150 8,596.25
63861 Mountain Power Construction Co 13626 2001 OH Electric Rebuild pmt 1 9304150 15,083.93
63870 Port Angeles City Treasurer 03062 Business lunch-Dunbar 911 4310 19.00
Fi ling fees 911 4990 9.00
63872 Public Utility Dist Clallam Co 16038 05-25 Billing 2110 Glass Rd 911 3350 39.96
63873 Quill Corporation 17000 Phone director,knife,pencils 911 3120 43.61
63890 Verizon Wireless, Bellevue 01105 06-15 Billing 911 4210 28.40
05-15 Billing 911 4210 1.
05-15 Billing 911 4210 ~8.
63893 Washington (DIS), State of 23111 April Scan charges 911 4210
63896 Western States Electric Inc. 23025 ,Util ity bags 911 4810 150.79
Vise grips,washers,screws 930 3402 115.61
Vise grips,washers,screws 930 3402 231. 22
Vise grips,washers,screws 930 3402 115.61
Vise grips,washers,screws 930 3402 115.61
Vise grips 930 3402 32.16
Vise grips 930 3402 64.33
Vise grips 930 3402 32.16
Vise grips 930 3402 32.16
Ut il i ty bags 911 4810 337.07
Clamp,eyenuts,bolts,elbows 911 4810 298.64
63897 Xerox Corporation 24001 DC220SS April lease 911 4530 277 . 97
63901 Advanced Travel 01090 Smith,Burrett to Everett 911 4310 13.00
63906 Prentiss, Bill 16535 Refund-OH to Underground wire 930 4150 1,178.30
63907 Business Answerphone Service 02166 June answering services 911 4210 160.00
63918 Direct Safety Company 04279 Lens frames 911 3120 78.28
Lens frames 911 3120 76.98
63921 Diversified Resource Center 04052 May Janitorial svcs 911 4150 175.10
63928 Hansen Supply Company Inc 08478 Reflective tape cartridge 911 3120 461.69
Reflective tape cartridge 911 3120 461.69
63932 Isenberger, Joan 09141 Refund OH to Underground wire 930 4150 1,494.78
63933 Montgomery, John W 13628 Refund-OH to Underground wire 930 4150 1,436.36
63934 Lindberg, Judith 12377 Refund-OH to Underground wire 930 4150 1,382.80
63945 Mountain Power Construction Co 13626 2001 OH Rebuild pmt #2 930 4150 36,:8
63946 Hanson, Mr or Mrs 08499 Refund-OH to Underground svce 930 4150 1,44
63947 North Creek Analytical Inc. 14076 Analyze oil,gas samples 911 4150 618.75
63950 Oak Harbor Freight Lines Inc. 15079 Shipping charge-Knopp Inc 911 4810 225.27
46 63952 Pacific Office Equipment Inc. 16004 Service call printer 05-03-00 911 3120 188.02
-------
> ..'\c;.~' ,\\~,.ftft1r!':j;'M~~\if':1[~10~Sj?'<?"F~" ~ii~:f.;' ~; </",~:.:: &t1~t~i!!;t:'~;
01/06/12-08:47 City of Port Angeles - ""IVE MACHINE June 12 2001 Page 19
CHECK REGISTER
. Date From 05/12/2001 To 06/08/2001
Fnd Dpt Check Vendor Vendor Description GL Code Amount
NlIIIber Name NlIIIber NlIIIber
Service call copier 08-14-00 911 3120 59.35
Toner cartridges 04-24-00 911 3120 151.06
Pedestal 05-06-00 911 3120 53.95
63954 parsinen Landscape Maintenance 16258 Landscape maintenance-May 911 4810 2,972.25
63955 Port Angeles City Light 16083 Insert bit,jack,wall plate 911 4810 9.78
Labels,cards,soap,cleaner 911 3120 55.83
63956 Port Angeles Marine Inc. 16361 Washers 911 3402 409.00
63958 Puget Safety Equipment Inc 16248 Reflective strip-hard hats 911 3120 117.83
63962 Wasnock, Ronald 23580 Refund-OH to Underground wire 930 4150 1,403.24
63973 VF Workwear 22116 Overalls 911 3501 126.10
639n WESCO Distribution Inc. "23150 Photo eyes, caps, connectors 911 4810 327.87
Total for Light 132,469.32
Total for Light Fund 139,832.89
402 63645 Kerni-K Products Inc 11143 Rat bait 402 2370000 38.24-
63651 Lemagie, Colleen 12261 Utility overpmt rfd-027111003 402 1222200 11.00
63701 US Filter Distribution Group 210n Water Utility materials 402 1414000 3,945.06
Water Utility materials 402 141.1000 1,069.58
. Water Utility materials 402 1414000 10,228.51
Water Utility materials 402 1411000 1,560.70
Water Utility materials 402 1411000 36.18
63752 Industrial Chern Labs & Svcs 09140 Degreaser 402 2370000 19.56-
63759 Landvik, Vivian 12374 Utility overpmt rfd-054429028 402 1222200 35.92
63827 COW Government Inc. 03336 'Notepac Plus' for laptop 402 2370000 5.97-
63839 Farni l ian NW 06020 Reducers,couplings 402 1414000 450.15
Reducers,couplings 402 1411000 74.78
63888 USA BlueBook 21060 'Core Pro' sampler 402 2370000 2.40-
Total for Department 17,345.71
0007 63599 AT&T Wireless Services 01404 05-02 Billing alc 460319n 753 4210 40.99
05-02 Billing alc 43263680 753 4210 123.26
63600 AVAYA INC 12215 05-02 Bill ing 754 4210 15.63
05-02 Bi II ing 753 4210 7.81
63605 Angeles Concrete Products 01070 Control density fill 753 3402 189.35
Control density fill 753 3402 302.96
Crushed rock 753 3402 87.60
Control density fill 753 3402 140.66
Control density fill 753 3402 605.92
63606 Angeles Electric Inc. 01071 Install 75hp VFD on blower 754 6410 545.26
63607 Angeles Lock Shop 12050 Padlocks 753 3402 393.14
63609 Angeles Millwork 01073 Steel 753 3402 12.08
Staples 753 4210 .70
Staples 754 4210 .69
. Elbow,adapter 753 3402 3.33
Refrigerator tubing 753 3402 2.53
Wall brush, acetone 753 3402 22.03
Fence board 753 3402 2.65
63610 Bank of New York, The 02175 Admin fees-PORANGWAT94 754 4150 1.J;7
01/06/12-08:47 City of Port Angeles - LIVE MACHINE June 12 2001 Page 20
CHECK REGISTER
Date From 05/12/2001 To 06/08/2001 .
Vendor Description GL Code
Fnd Opt Check Vendor Amount
NLlllber Name NLlllber NLIIlber
Admin fees-PORANGWAT94R 754 4150 41.78
Admin fees-PORANGWAT98 754 4150 100.00
63612 Blake Sand & Gravel Inc. 02045 Stones 754 3120 32.77
63623 Dept of Community Development 03066 Water tests 753 4810 887.00
63625 Dobson's 04054 V-Belt 754 3120 34.87
V-belt 754 3120 12.21
V-Belt 754 3120 24.41
Woodruff Key 754 3120 3.84
Woodruff key assortment 754 3120 8.31
63630 Federal Express Corp. 06022 04-27 Shipping charges 753 4810 10.30
04-27 Shipping charges 793 4210 5.55
04-27 Shipping charges 753 3402 10.30
04-27 Shipping charges 753 4810 21.70
04-27 Shipping charges 754 4150 117.25
04-27 Shipping charges 793 4210 29.50
63634 Graybar Electric Co. Inc. 07040 Outdoor wire shield 753 4210 24.64
Outdoor wire shield 754 4210 24.63
Cable 753 4210 16.17
Cable 754 4210 16.17
Price adj on cable 753 4210 3.00-
Price adj on cable 754 4210 .
Price adj on wire shield 753 4210
Price adj on wire shield 754 4210 4.
63636 Hartnagel Building Supply Inc. 08052 Lumber,screws,driver bit 754 3120 63.78
63644 Kaman Industrial Technologies 11082 Dust plug, coupler 754 3120 39.26
63645 Kemi-K Products Inc 11143 Rat bait 754 3120 504.55
63647 L & L Tool Specialties 12035 Folding engine gasket 753 3501 313.76
63648 Lakeside Industries Inc. 12036 Aspha l t 753 3402 302.68
Aspha l t 753 3402 113.56
Aspha l t 753 3402 113.56
63652 Lincoln Industrial Corp. 12047 Sheet metal, tap, labor 754 3120 184.09
63656 Metrocall 20000 04-28 Billing 754 4210 33.24
63659 Middleton Auto and Truck Inc. 13117 Plug,coupler,air hose 753 3120 25.29
63669 Olympic Laundry & Clnrs Inc. 15026 Bags of rags April a/c #6275 753 3402 24.89
63670 Olympic Paper Company 15111 Deodorant,mist kit 754 3120 69.04
Paper towels 753 3120 40.58
Liquid chlorine 753 3105 178.90
63672 Olympic Stationers Inc. 15030 Notebooks,file folders, stapler 753 3101 52.36
Pens 753 3101 5.78
Record book 754 3101 31.51
Dictionary 753 3101 27.00
63673 Pacific Office Equipment Inc. 16004 March maint agre-NGR03174 754 4150 477.16
Service printer 753 3101 120.87
Repair Canon copier 753 3101 51.44
Repair Canon copier 753 3101 43.28
Toner 753 3120 74.66
63674 Pacific Office Furniture 16518 Chairs,folding table 753 3101 19.
63677 Peninsula Daily News 16012 Blk Diamond Reservoir Improv 793 4410 43
63681 Port Angeles Power Equipment 16122 Muffler,pipe,tapping screw 753 3402 204.73
Mower blades, trimmer line,part 7533120 148.34
Air cleaner element,cr filter 753 3120 2.51-
48
01/06/12-08:47
City of Port Angeles -
MACHINE
CHECK REGISTER
Date From 05/12/2001, To 06/08/2001
.
Fnd Opt Check
Nl.IIlber
Vendor
Name
Vendor
Nunber
63683 Public Utility Dist Clallam Co 16038
63685 Richmond 2-Way Radio 18009
63692 Steam supply 19290
63694 Sunset Do-It Best Hardware 19035
63697 Swain's General Store Inc. 19037
.
63698 Thurman Supply 20005
63703 United Parcel Service 21005
63707 Washington Fire & Safety Equip 23004
63713 Advanced Travel 01090
63718 Angeles Communications Inc 01069
63724 Builders Exchange of WA Inc 02609
63725 CH2M Hill Inc 03005
Description
GL Code
Nunber
05-08 Billing-203 Reservoir Rd 753 4710
Parts for portable radio 754 3120
Sales tax on radio parts 754 3120
Install equip at Corp yard 753 4210
Install equip at Corp yard 754 4210
Pressure switch 753 3402
Pressure switch 753 3402
O-ring 753 3120
O-ring 753 3120
Air coupler 753 3120
Safety glasses 754 3120
Hex cap 753 3402
Rule tape 753 3120
Air filter,torx set,sparlc plug 753 3120
Battery 753 3120
Flat aluminum 754 3120
Sawzall blade 753 3402
Crushed ice 754 3120
Baric 753 3402
Overalls,jaclcet 753 3120
Tape 753 3401
Cleaning supplies 754 3120
PVC slip union,primer,PVC ceme 753 3402
Couplings 753 3402
20 Amp breaker 753 3402
Lightbulbs 754 3120
Bushing, c l amp, grommet 753 4210
Bushing,clamp,grommet 754 4210
Reducing bushing, nipple, union 753 3402
Bulbs 754 3120
Chain,fasteners,eye bolt 754 3120
05-05 Shipping charges 754 4210
Service extinguisher 753 3120
Knutson to Seattle 05-06 753 4310
MCGinley to Tacoma 05-06 754 4310
McGinley to Tacoma 05-06 753 4310
Repair dead extension #4855 753 4210
Scan drawings 793 4410
Elwha Dam Removal 793 4150
Filtration Avoidance 793 4150
Bllc Diamond Improvements 793 4150
Water System Update 793 4150
Aerosol 754 3120
DOT Physical-Waldron 754 4310
Binding 754 3101
Water Rights issues pe 03-31 753 4150
Water Rights issues pe 04-30 753 4150
Degreaser 754 3120
Unit with handwash pe 05-24-01 753 3402
Soil analysis 754 4150
75HP Robicon VF Drive 754 6510
June 12 2001
Page 21
Amount
91.57
24.00
1.96
62.22
62.23
295.16
184.44
2.53
7.66
3.44
37.61
18.09
21.09
33.76
35.37
10.81
7.35
6.43
21.38
97.10
10.79
27.69
26.70
21.42
107.09
17.94
2.68
2.68
13.95
44.85
29.43
15.48
11.90
523.88
121.68
121.68
59.51
98.77
243.37
7,842.35
5,042.21
15,154.39
166.79
72.00
22.68
824.20
1,527.48
258.02
240.00
13.20
14'a8~
01/06/12-08:47
City of Port AngeLes - LIVE MACHINE
CHECK REGISTER
Date From 05/12/2001 To 06/08/2001
Fnd Dpt Check
Number
Vendor
Name
Vendor
Number
63782 PubLic UtiLity Dist CLaLLam Co 16038
63784 Qwest 21001
63799 UtiLities Underground Loc Ctr 21010
63803 Washington (EcoLogy), State of 23106
63812 AT&T Business Service 01085
63816 ALL Phase ELectric SuppLy Co. 01061
63819 Babbitt Construction Inc 02562
63827 CDW Government Inc.
63839 FamiLian NW
03336
06020
63843 Hach Company 08124
63850 Key Bank NationaL Association 11089
63870 Port AngeLes City Treasurer 03062
63875 Qwest 21001
63888 USA BLueBook 21060
63890 Verizon WireLess, BeLLevue 01105
63893 Washington (DIS), State of 23111
63895 WengLer Surveying & Mapping 23491
63901 Advanced TraveL 01090
63902 Airport Garden Center 13409
63905 Beckwith & KuffeL 02275
63917 Dept of Community DeveLopment 03066
63921 Diversified Resource Center 04052
63925 Grainger Inc. 07015
63948 Nurnberg Scientific 14092
63952 Pacific Office Equipment Inc. 16004
63956 Port AngeLes Marine Inc. 16361
63958 Puget Safety Equipment Inc 16248
63959 Qwest 21001
50
Description
GL Code
Number
05-21 BiLling Crown Z Water Rd 753 4710
05-14 BiLLing 754 4210
05-14 BiLling 753 4210
05-14 BiLLing 754 4210
05-16 BiLling 754 4210
T41-2234 04-10,05-10 Billing 753 4210
T61-9715 04-10,05-10 BilLing 753 4210
T61-9772 04-10,05-10 BiLLing 753 4210
417-9460 04-10,05-10 Billing 753 4210
Underground Locates-April 753 4150
Underground Locates-ApriL 754 4150
Biosolids permit 754 4990
04-15,05-15 BiLling 753 4210
Sleeves-2% disc 753 3120
Contract pmt #4 793 4150
Contract pmt #1 793 4150
'Notepac PLus' for laptop 754 3101
Gasket,oil,seal 754 3402
Reducers,couplings 753 3402
Chlorine reagent 753 3101
Retainage #471452022950-Babbit 793 4150
Postage 754 4210
Meeting refreshments 754 4310
Safety mtg refreshments 754 4310
05-20 BiLling 754 4210
05-20 BiLling 754 4210
05-20 Billing 754 4210
05-20 BilLLing 754 4210
05-20 BiLLing 754 4210
05-20 BilLing 754 4210
05-23 BiLLing 753 4210
05-23 BilLing 754 4210
05-23 BiLLing 754 4210
05-23 BilLing 754 4210
'Core Pro' sampLer 754 3120
05-15 BilLing 753 4210
04-15,05-15 Billings 754 4210
ApriL Scan charges 753 4210
ApriL Scan charges 754 4210
Prepare legaL descriptions 793 4150
Sperr,CutLer,Knutson-BeLLevue 793 4310
Grass seed 753 3402
Overhaul Worthington pump 753 4810
Water testing 753 4150
May Janitorial svcs 753 4150
Mat 754 3120
Filters 754 3120
Repair laptop 753 3402
Wire brush,sealer,rolLer 754 3120
CoveraLLs Less 2% disc 754 3120
05-20 Qwest biLLing 754 4210
June 12 2001
Page 22
.
Amount
11 .39
46.85
23.42
39.56
57.42
113.00
110.06
110.06
342.71
25.58
25.58
753.97
82.00
5.95
40,015.83
12,040.34
78.74
171.40
57.13
383.99
1,931
20.55
57.42
284.94
57.42
57.42
57.42
57.42
64.15
57.42
57.42
57.42
31.68
44.60
27.58
12.32
24.09
350.00
125.18
29.20
5,572.74
771. 00
77.83
520.44
~.
25.38
43.26
40.75
r ,;1', ~,;)~~:~':K~'\\~~1~'~~:i\i~,~~,?(j;:~~~-!~}t~r~~w:l>: ':::i ;~':'-:"Yi~~f~t;,;,::
01/06/12-08:47
Ci ty of Port Angeles - ,LIVE MACHINE
June 12 2001
CHECK REGISTER
Date From 05/12/200L To 06/08/2001
.
Fnd Opt Check
Nl.Illber
Vendor
Name
Vendor
Nunber
63974 Verizon Wireless, Bellevue
63983 Whitney Equipment Co. Inc.
63984 Zenovic & Associates
01105
23073
26216
404
63717 Analytical Resources Inc.
01252
63918 Direct Safety Company
04279
0007 63600 AVAYA INC 12215
63605 Angeles Concrete Products 01070
63609 Angeles Millwork 01073
. 63630 Federal Express Corp. 06022
63634 Graybar Electric Co. Inc. 07040
63638 Hermann Bros. Inc. 08127
63670 Olympic Paper Company 15111
63671 Olympic Printers Inc. 15027
63673 Pacific Office Equipment Inc. 16004
63676 Parker Paint Mfg Co. Inc. 16201
63685 Richmond 2-Way Radio 18009
63694 Sunset Do-It Best Hardware 19035
63697 Swain's General Store Inc.
19037
63698 Thurman Supply 20005
63703 United Parcel Service 21005
63717 Analytical Resources Inc. 01252
. 63718 Angeles Communications Inc 01069
63720 Bag Connection Inc., The 02255
63726 Chemsearch 14004
63730 CliniCare of PA Inc. 03080
63n2 Olympic Laundry & Clnrs Inc. 15026
Description
GL Code
Nunber
05-15 Verizon billing
Vinyl tubing
Sewer Treatment Plan pe 05-25
754 4210
754 3120
754 4210
Total for Public Works
Total for Water/Wastewater Fund
Wastewater tests
Wastewater tests
Safety glasses,towelettes
Safety glasses
404 2370000
404 2370000
404 2370000
404 2370000
Total for Department
05-02 Billing 755 4210
Ecology blocks 755 4810
Crushed rock 755 3120
Wire nut,wall plate 755 3120
Staples 755 4210
04-27 Shipping charges 755 4150
Outdoor wire shield 755 4210
Cable 755 4210
Price adj on cable 755 4210
Price adj on wire shield 755 4210
Grind wood waste 755 4810
Paper towels,deodorizer,cleane 755 3120
Business cards-Tom McCabe 755 3101
Repair Canon copier 755 3120
Repair Canon copier 755 3120
Adding machine rolls 755 3101
Paint 755 3120
Install equip at Corp yard 755 4210
Install video system 755 4810
Service lawn tractor 755 4810
Pipe, steel cuts 755 3120
Steel pipe, steel cuts 755 3120
Trimmer line 755 3120
Trash can 755 3120
Gloves,notebooks,WO-40 755 3120
Bird control supplies,brushes 755 3120
Rain gear 755 3120
Bushing, c lamp, grommet 755 4210
05-05 Shipping charges 755 3120
Wastewater tests 755 4150
Wastewater tests 755 4150
Run new wire to lunch room 755 4210
Yard bags 755 3120
Hand cleanser 755 3120
DOT Physical-Brockopp 755 4310
April laundry svcs a/c #353 755 4990
Page 23
Amount
13.07
22.34
389.55
122,059.98
139,405.69
329.97-
46.25-
7.n-
6.25-
\
390.19-
39.07
162.30
5,967.n
2.17
.69
26.50
24.63
16.17
2.99-
4.49-
8,125.82
62.58
28.73
51.43
43.28
162.30
18.46
62.23
308.37
109.28
46.24
105.82
8.21
70.57
34.63
57.15
75 .60
2.68
6.42
4,353.97
610.25
113.30
327.03
428.54
n.oo
~,
01/06/12-08:47
City of Port Angeles - LIVE MACHINE
CHECK REGISTER
Date From 05/12/2001 To 06/08/2001
Fnd Opt Check Vendor Vendor
NLIllber Name NLIllber
63783 Puget Safety Equipment Inc 16248
63784 Qwest 21001
63788 Radio Pacific Inc. 11019
63805 Waste Management - Northwest 23060
63870 Port Angeles City Treasurer 03062
63883 TaylorSparks Refrigeration I nc 20290
63891 Viking Office Products 22054
63893 Washington (DIS), State of 23111
63899 Zumar Industries Inc. 26001
63918 Direct Safety Company 04279
63921 Diversified Resource Center 04052
63952 Pacific Office Equipment Inc. 16004
63953 Padgett-Thompson 16041
63954 parsinen Landscape Maintenance 16258
421 0009
63745 Gilmore, Richard
63749 Hodkinson, Selma
63757 Krumpe,Judith Richerzhagen
07349
08496
11246
501
63678 Pettit Oil Company
16302
63941 McMaster-Carr Supply Co.
13202
0007
63600 AVAYA INC
63603 Alpine Auto Inc
63609 Angeles Millwork
63620 Cornell Auto Parts
12215
01427
01073
03092
63622 Denver's Tire Co. Inc.
04044
52
Description
June 12 2001
GL Code
NLIllber
Safety jacket, safety vest 755 3120
05-05 Billing 755 4210
05-14 Billing 755 4210
April KIKN commercials #71 755 4410
April KONP commercials #71 755 4410
April service 755 4150
First Aid mtg refreshments 755 4310
Safety mtg refreshments 755 3120
Remove refrigerant,compressors 755 4810
Office supplies 755 3101
April Scan charges 755 4210
'Clean Yard Debris' sign 755 4810
Safety glasses,towelettes 755 3120
Safety glasses 755 3120
Credit safety glasses 755 3120
Safety glasses 755 3120
May Janitorial svcs 755 4150
Service call copier 05-05-00 755 3120
'Take Charge'-Stromski 755 4310
'Take charge'-Miller 755 4310
Landscape maintenance-May 755 4150
Energy rebate-insulation
Energy rebate-heat pump
Energy rebate-Insulation
Diesel
Diesel
Gasoline,diesel
Diesel
Diesel
Pipe insulation
05-02 Bill ing
Seat belt
Staples
Heater hose connected
Liquid solder,acid core
Emery cloth
Hand cleaner
Sealer
Demount,balance
Tires,mount,demount,balance
Total for Public Works
Total for Solid Waste Fund
913 4986
913 4986
913 4986
Total for Conservation Fund
501 1412000
501 1412000
501 1412000
501 1412000
501 1412000
501 2370000
Total for Department
760 4210
760 3402
760 4210
760 3402
760 3402
760 3101
760 3101
760 3402
760 4810
760 4810
Page 24
.
Amount
135.42
85.17
117.11
41. 00
37.50
40,430.10
42.54
10.68
1,201.02
19.97
9.46
106.28
101.77
92.42
92.42-
82.45
194.54
107.90
169.00
169.00
1,19~
65,84l!P
65,454.15
708.18
250.00
250.00
1,208.18
69.79
320.40
5,670.00
1,525.06
262.89
5.79-
7,842.35
7.81
21.64
.69
5.66
6.75
~.
11.80
21.64
37.34
01/06/12-08:47
.
Fnd Opt Check
Nl.IIlber
.
.
City of Port AngeLes - LIVE MACHINE
CHECK REGISTER
Date From 05/12/2001 To 06/08/2001
Vendor
Name
Vendor
Nl.IIlber
63625 Dobson's
04054
63629 Evergreen CoLLision-Body Shop 05000
63634 Graybar ELectric Co. Inc. 07040
Description
GL Code
Nl.IIlber
Tires,mount,demount,baLance 760 3110
Remove snow tires 760 4810
Remove snow tires 760 4810
Remove snow tires 760 4810
Remove snow tires 760 4810
Remove snow tires 760 4810
Mount,demount,baLance 760 4810
Remove snow tires 760 4810
Remove snow tires 760 4810
Demount,mount 760 4810
Remove snow tires 760 4810
Mount,demount,baLance 760 4810
Remove snow tires 760 4810
Remove snow tires 760 4810
Remove snow tires 760 4810
Mount,demount,baLance 760 4810
Safety check, Labor,tires 760 3110
Safety check, Labor,tires 760 4810
Safety check, Labor,tires 7603402
Safety check, Labor, Lubra kLeen 760 3402
Safety check, Labor, Lubra kLeen 760 4810
Safety check,a~t&motive Labor 760 3402
Safety check,automotive Labor 760 4810
Mount,demount,baLance 760 4810
FLat repair,wheeL change 760 4810
Mount,demount,baLance 760 4810
FLat repair 760 4810
Safety check, Labor, Lubra kLeen 760 3402
Safety check, Labor, Lubra kLeen 760 4810
Tires,mount,demount 760 3110
Tires,mount,demount 760 4810
Mount,balance,demount 760 4810
Safety check, Labor, lubra kleen 760 3402
Safety check, labor, Lubra kLeen 760 4810
Safety check, Labor, Lubra kleen 760 4810
Safety check, Labor, Lubra kLeen 760 3402
BeLt,driLl out broken studs 760 4810
BeLt,drilL out broken studs 760 3402
Safety check, Labor,PVC vaLve 760 4810
Safety check, Labor,PVC vaLve 760 3402
Mount,demount 760 4810
FLat repair 760 4810
Flat repair,O ring 760 4810
Air fiLter, labor 760 3402
Gauge,fitting 760 3402
V-beLt 760 3402
Switch 760 3402
Radiator cap 760 3402
Outdoor wire shieLd 760 4210
Cable 760 4210
Price adj on cable 760 4210
June 12 2001
Page 25
Amount
139.57
34.62
34.62
17.31
34.62
34.62
34.62
34.62
17.31
16.23
21.64
25.97
17.31
17.31
17.31
17.31
140.66
40.04
13.25
13.26
17.31
4.57
26.00
34.62
27.59
34.62
6.49
13.26
23.80
84.01
11.37
17.31
13.26
17.31
41.11
13.26
73.04
41.38
21.38
31.91
18.39
6.49
27.59
22.78
9.37
19.63
28.89
21.64
24.63
16.17
5~
01/06/12-08:47 City of Port Angeles - LIVE MACHINE June 12 2001 Page 26
CHECK REGISTER
Date From 05/12/2001 To 06/08/2001 .
Fnd Opt Check Vendor Vendor Description GL Code Amount
Nunber Name Nunber Nl.IIlber
Price adj on wire shield 760 4210 4.49-
63637 Heartl ine, The 08054 Battery 760 3402 62.70
63644 Kaman Industrial Technologies 11082 Seals 760 3402 43.16
63659 Middleton Auto and Truck Inc. 13117 Oil filter,switch,gasket maker 760 3402 102.78
Switch 760 3402 36.06
Air filters 760 3402 29.16
Rivets 760 3501 76.83
Cable tie 760 3402 33.40
Cable tie 760 3402 11.13
Belt 760 3402 11.73
Pan gasket, rear main gasket 760 3402 26.48
V-belt 760 3402 12.90
Cable tie 760 3402 12.95
Cable tie, emery cloth 760 3402 116.29
Cable ties 760 3402 160.17
Gasket set 760 3402 .68
Li ghtbulb 760 3402 11.51
Credit cloth roLL 760 3402 111.99-
Emery cloth 760 3402 47.07
Curved hose 760 3402 4.09
Air filter, fuel filter,fuse 760 3402 2~.
~ater pump 760 3402 ~5.
V-belt 760 3402
~asher 760 3402 8.66
V-belt 760 3402 25.45
Digital pressure gauge 760 3501 19.34
Safety triangle 760 3402 15.67
Halogen bulb,filters,solenoid 760 3402 80.89
Adj nut, rivets, 760 3402 52.37
~iper refiL l 760 3402 12.72
~ire loom 760 3402 10.44
Flasher light 760 3402 17.29
Bearing 760 3402 21.36
Safety triangle 760 3402 78.36
Chain lube 760 3402 8.63
Gauge replacement 760 3402 7.44
Bushing kit 760 3402 5.72
Rethreading hand tool 760 3501 3.05
Rethreading tool set 760 3501 14.88
Oil filter,air filter,screws 760 3402 66.23
Timing belt,oil seal,spark plu 760 3402 126.58
63662 N C Machinery Co. 14001 Core return 760 3402 461.81-
Filter 760 3402 1.34
Gasket 760 3402 15.44
Cap 760 3402 15.97
Strainer 760 3402 41.10
Gaskets,seals 760 3402 .
Repair oil leaks 760 4810
Repair oil leaks 760 3402 309.97
Repair axle,braking system 760 4810 2,290.59
54 Repair axle,braking system 760 3402 1,568.09
'k,;t'Ci,;;,;:'t:i~~f~tm:':'f.'~'1_\\'.Ji:- .:';Y;'":fi' c'.;l~";\l."i\'~ :'."':!.:':h":.~ <
01/06/12-08:47 City of Port Angeles - LIVE MACHINE June 12 2001 Page 27
CHECK REGISTER
. Date From 05/12/2001 To 06/08/2001
Fnd Opt Check Vendor Vendor Description GL Code Amount
Nl.II1ber Name Nl.IIIber Nl.IIIber
63669 Olympic Laundry & Clnrs Inc. 15026 April laundry svcs a/c #241 760 4990 253.01
63672 Olympic Stationers Inc. 15030 Pendaflex frame,folders,clips 760 3101 16.32
Binders,post-it notes 760 3101 72.38
63675 Pacific Utility Equipment Inc. 21011 Brake parts, springs, sensor 760 3402 1,729.20
Oil level probe 760 3402 93.51
63678 Pettit Oil Company 16302 Lubricant,refund drum deposit 760 3220 1,167.57
Credit lubricant,drums 760 3220 411.27-
EQ12 April gas 760 3210 20.41
EQ15 April gas 760 3210 44.19
EQ9 April gas 760 3210 39.00
EQ18 April gas 760 3210 52.11
EQ65 April gas 760 3210 24.97
EQ21 April gas 760 3210 19.16
EQ23 Apr il gas 760 3210 14.85
EQ66 April gas 760 3210 112.38
EQ95 Apr il gas 760 3210 31.09
EQ96 April gas 760 3210 21.56
EQ28 April gas 760 3210 36.11
EQ90 April gas 760 3210 46.80
EQ191 April gas 760 3210 24.27
. EQ136 April gas 760 3210 65.05
EQ151 April gas 760 3210 35.33
EQ1561 April diesel 760 3211 47.54
EQ88 April gas 760 3210 117.90
EQ45 Apr it gas 760 3210 39.52
EQ43 April gas 760 4210 109.42
EQ40 Apr il gas 760 3210 63.50
EQ41 April gas 760 3210 66.28
EQ80 April gas 760 3210 83.87
EQ89 April gas 760 3210 82.03
EQ83 April gas 760 3210 101.14
EQ78 Apri l gas 760 3210 27.42
EQn Apri l gas 760 3210 78.22
EQ86 April gas 760 3210 32.14
EQ42 April gas 760 3210 53.92
EQ44 April gas 760 3210 111.34
EQ82 April gas 760 3210 92.88
EQ73 Apr i l gas 760 3210 135.47
EQ87 April gas 760 3210 n.63
EQ84 Apr il gas 760 3210 126.59
EQ85 April gas 760 3210 165.43
EQ69 April gas 760 3210 106.07
EQ81 April gas 760 3210 112.98
EQ70 Apri l gas 760 3210 99.19
EQ30 April gas 760 4210 132.51
EQ153 April diesel 760 3211 37.71
. 63680 Port Angeles Ford Lincoln 16158 Belt 760 3402 31.28
63684 Race Street Auto Parts 18048 Trailer part 760 3101 25.95
63685 Richmond 2-Way Radio 18009 Install equip at Corp yard 760 4210 62.23
63689 Ruddell Auto Mall 18019 Handle 760 3402 17.16
63694 Sunset Do-It Best Hardware 19035 Cylinder rent 760 3101 56
01/06/12-08:47
City of Port AngeLes - LIVE MACHINE
CHECK REGISTER
Date From 05/12/2001 To 06/08/2001
Fnd Dpt Check
Nunber
Vendor
Nunber
Vendor
Name
63697 Swain's GeneraL Store Inc. 19037
63698 Thurman SuppLy 20005
63702 United Fire Service Inc. 21015
63708 Western Power & Equipment 23276
63710 AT&T WireLess Services 01404
63784 Qwest 21001
63807 Western PeterbiLt Inc. 23020
63809 Koenig ChevroLet OLdsmobiLe 11018
63821 Ben-Ko-Matic 02574
63893 Washington (DIS), State of 23111
63916 Denver's'Tire Co. Inc. 04044
63920 Diversified Inspections Inc. 04230
63921 Diversified Resource Center 04052
63936 Simpson1s Used Auto Parts 19199
63940 Craft, Don 03424
63941 McMaster-Carr SuppLy Co. 13202
63944 Motor Trucks Inc. 13128
63967 Smith Tractor & Equip. Co.lnc 19023
63980 Washington (DOL), State of 23218
63981 Western Equipment Distrib. Inc 23019
668398 Braun Northwest Inc
683468 Ben-Ko-Matic
02608
02574
502 0002
63600 AVAYA INC
63703 United ParceL Service
63753 Insight Direct Inc.
63771 OLYPEN
63784 Qwest
63813 AVAYA INC
63890 Verizon WireLess, BeLLevue
12215
21005
09085
15147
21001
12215
01105
56
Description
CyL inder rent
BeL t
BuLb
Tip refacing tooL,Oxygen
Door Latch,screen door catch
Pipe
FLashLite,shurfLo pump
Bushing,cLamp,grommet
Dynamic disconnect 01-31-00
AmbuLance Light buLbs
WheeL,rim
05-02 BiLLing a/c 46204277
05-14 BiL Ling
ALarm buzzer,switch,jumper
2001 ImpaLa Sedan #46
2001 ImpaLa Sedan #47
2001 ImpaLa Sedan #48
3 Wire broom units
MS Word, ExceL
ApriL Scan charges
Remove snow tires
ManLift Inspections Mar-ApriL
ManLift Inspections' Mar-ApriL
ManLift Inspections Mar-ApriL
ManLift Inspections Mar-ApriL
ManLift Inspections Mar-ApriL
ManLift Inspections Mar-ApriL
May JanitoriaL svcs
Tow charge
Ratchet,driver,Light
Mirror kit,borescope
Pipe insuLation
Heater controL
ManifoLd
Renew Underground tanks
Cup-Anti ScaLp
Pump assembLy,oiL cap
2000 Northstar ambuLance
Jet vac truck #1649
GL Code
Nunber
760 3101
760 3402
760 3402
760 3101
760 3402
760 3402
760 3402
760 4210
760 3402
760 3402
760 3402
760 4210
760 4210
760 3402
760 6410
760 6410
760 6410
760 3402
760 3101
760 4210
760 4810
760 4150
760 4150
760 4150
760 4150
760 4150
760 4150
760 4150
760 4810
760 3501
760 3501
760 3402
760 3402
760 3402
Licens 760 4901
760 3402
760 3402
760 6410
760 6410
June 12 2001
TotaL for PubLic Works
TotaL for Equipment Services Fund
05-02 BiLLing 250 4210
05-05 Shipping charges 250 4210
CLeaning tapes 250 3101
IICopall, Wireless svcs pe 01-02 250 4150
05-14 Billing 2504210
Sound station-Council Chambers 250 4210
05-15 Billing 250 4210
Page 28
.
Amount
27.05
54.04
11.98
50.88
10.15
60.15
178.11
2.69
49.34
114.75
305.27
64.83
23.42
133.63
21,522.25
21,522.25
21,522.25
995.52
131.72
6.85
3.
34
340.
340.00
340.00
340.00
340.00
116.70
54.10
90.56
430.53
76.34
30.17
462.08
209.00
83.91
1,505.04
122,201.32
253,359.29
460,403.14
468,245.49
23.44
5.34
14~
3,2~
70.27
29.94
17.03
01/06/12-08:47
.
Fnd Dpt Check
Nunber
503 0001
.
602 0002
.0008
City of Port AngeLes - LIVE MACHINE
Vendor
Name
63893 Washington (DIS), State of
63606
63614
63660
63690
63697
63729
63733
63746
63768
63791
63814
63820
63822
63824
63828
63829
63834
63846.
63847
63852
63853
63858
63860
63862
63882
63886
63900
63971
AngeLes ELectric Inc.
Budget Rent-A-Car
MiLLer, DaLe
sequim Aquatic Recreation Ctr.
Swain's GeneraL Store Inc.
CLaLLam Co YMCA
Cutler, GLenn
Gordy's Pizza & Pasta
Rainier EAP
Schaad, GLynda
AWC EmpLoyee Benefit Trust
BaLser, Fred
Bishop, Virgi L
Braun, Gary
Cameron, Kenneth
Camperini, Richard
CLeLand, Mike
Johnson, DonaLd G
Johnson, Harry
LindLey, James K.
Loucks, Jasper
MieseL, Phi L
Morgan, Roy
NW Admin Transfer Acct
Sweatt, Johnnie
Turton, F. GaLe
CMU Construction
UNUM Life Ins Co of America
63814 AWC EmpLoyee Benefit Trust
63838 Evans, Sid
63844 Hansen, George D.
63600
63609
63616
63636
AVAYA INC
AngeLes Mil Lwork
Camera Corner
HartnageL BuiLding SuppLy Inc.
CHECK REGISTER
Date From 05/12/2001 To 06/08/2001
Vendor
Nunber
23111
01071
02152
13056
19015
19037
03076
03509
07272
18057
19768
01231
02243
02019
02173
03252
03273
03263
10052
10047
12019
12186
13261
13145
14169
19146
20041
03416
21000
01231
05103
08048
12215
01073
03044
08052
Description
ApriL Scan charges
June 12 2001
GL Code
Nunber
250 4210
TotaL for Information TechnoLogy Fund
Repair downed wire
RentaL for CLaim #06-01
Reimburse medicaL expenses
AnnuaL renewaL member-Sekac
Safety jackets
Renew memb-OLiver 01-21225-01
Reimburse WeLLness expense
Meeting refreshments
May services
CLaim settLement #8-01
June premium
June premi um
June premium
Reimburse June Medicare prem
Reimburse June Medicare prem
Reimburse June Medicare prem
Reimburse JUneM~icare prem
Reimburse June Medicare prem
DisabiLity Board cLaims-May
Reimburse June Medicare prem
Reimburse June Medicare prem
Reimburse June Medicare prem
Reimburse June Medicare prem
Reimburse June Medicare prem
Reimburse June Medicare prem
Non sworn June premium
Sworn June premium
Retirees June premium
Reimburse June Medicare prem
DisabiLity Board cLaims-May
SettLement of cLaim #7-01
Admin Group
PoLice/IBEW
119 4999
119 4999
121 4630
121 4150
118 4909
121 4150
121 4150
118 4909
121 4150
1194999
121 4630
121 4632
121 4634
121 4635
121 4635
121 4635
121 4635
121 4635
121 4635
121 4635
121 4635
121 4635
121 4635
121 4635
121 4635
121 4633
121 4633
121 4634
121 4635
121 4635
119 4999
121 4631
121 4631
TotaL for SeLf - Insurance Fund
June premium
DisabiLity Board cLaims-May
Reimburse June Medicare prem
Reimburse June Medicare prem
225 4635
225 4635
225 4635
225 4635
TotaL for Firemen's Pension Fund
05-02 BiL Ling
PLywood
Process prints,process sLides
Misc fasteners
868 4210
868 3101
868 3101
868 3101
Page 29
Amount
39.63
3,602.64
522.65
228.15
166.68
225.50
100.93
399.00
49.50
70.30
330.00
259.84
67,364.35
1,415.47
4,637.60
45.50
94.00
50.00
75 . 00
50.00
101.26
50.00
50.00
45.50
85.00
46.10
46.10
12,631.30
14,902.80
7,536.10
65.70
26.00
968.77
1,194.72
984.31
114,818.13
2,576.40
104.00
45.50
46.80
2,m.70
7.81
63.57
18.38
57
01/06/12-08:47
City of Port Angeles - LIVE MACHINE
June 12 2001
CHECK REGISTER
Date From 05/12/2001 To 06/08/2001
Fnd Opt Check Vendor Vendor
Nl.I11ber Name Nl.I11ber
63650 Lapp, James 12371
63676 Parker Paint Mfg Co. Inc. 16201
63688 Rose Ll.I1'ber 18016
63697 Swain's General Store Inc. 19037
63784 Qwest
63875 Qwest
63893 Washington (DIS), State of
63908 Kishida, Carl
63911 Clallam Co Treasurer
63913 Eisenhour, David
63914 Gentry, David
63915 Nechak, David
63923 Broadgate, Gene
63924 Lamson, Gloria
63929 Gamble, Helen
63931 Macklem, Jennifer
63935 Kler, Kathleen
63938 Jones, Kip
63942 Dennis, Michael
63961 Riverdog Foundry
63963 Jaqua, Russell
63966 Brooke, Sheila
63970 Lavik, Torrey
21001
21001
23111
11248
03075
05235
07352
14509
02610
12375
07351
13627
11249
10224
04370
18422
10199
02611
12376
Description
GL Code
Nl.I1'ber
Honorarium 868 4150
Paint 868 3120
Paint 868 3120
Paint,wood finish 868 3120
Pulls,varathene 868 3101
Velcro tape,pad edger ace 868 3101
Hefty bags 868 3120
Paint tray,roller shield,rolle 868 3120
Hardware,caulk 868 3120
05-14 Billing 868 4210
05-23 Billing 8684210
April Scan charges 868 4210
Artist Honorarium 868 4150
2001 Assessment 868 4950
Artist Honorarium 868 4150
Artist Honorarium 868 4150
Artist Honorarium 868 4150
Artist Honorarium 868 4150
Artist Honorarium 868 4150
Artist Honorarium 868 4150
Artist Honorarium 868 4150
Artist Honorarium 868 4150
Artist Honorarium 868 4150
Artist Honorarium 868 4150
Artist Honorarium 868 4150
Artist Honorarium 868 4150
Artist Honorarium 868 4150
Artist Honorarium 868 4150
Total for Esther Webster Trust Fund
697 63741 Ferrellgas (Inc) 06024 Refund overpmt 697 2391000
Total for Accts.Receivable Clearing Fund
698 63597 LEOFF 12043 April Contribution 698 2315120
63598 PERS 16016 April Contribution 698 2315130
63632 Flex-Plan Services (Payroll) 06062 Payroll deductions pe 05-13 698 2315210
63666 Office of Support Enforcement 15072 Payroll deductions pe 05-13 698 2315210
63667 Office of Support Enforcement 15166 Payroll deductions pe 05-13 698 2315210
63700 US Department of Education 21075 Payroll deductions pe 05-13 698 2315210
63704 United Way (payroll) 21028 Payroll deductions pe 05-13 698 2315240
63705 Volunteer Fire Association 22060 Payroll deductions pe 05-13 698 2315210
63796 States West Life Insurance Co. 19313 June premium 698 2315160
63810 AFSCME Local #1619 01152 Payroll deductions pe 05-27 698 2315200
63811 AFSCME Local #1619 Scholarship 01153 Payroll deductions pe 05-27 698 2315200
63835 DiMartino/WSCFF Disability 06052 Payroll deductions pe 05-27 698 2315190
63837 Employees Association 05041 Payroll deductions pe 05-27 698 2315210
63840 Firefighter's Local #656 06076 Payroll deductions pe 05-27 698 2315200
63841 Flex-Plan Services (Payroll) 06062 Payroll deductions pe 05-27 698 2315210
63845 IBEW Local #997 09034 Payroll deductions pe 05-27 698 2315200
58
Page 30
.
Amount
250.00
41.55
10.39
6.69
12.82
8.09
11.76
13.23
9.16
23.42
60.50
98.70
250.00
1.63
250.00
250.00
250.00
250.00
250.00
250.00
~~~
2_
250.00
250.00
250.00
250.00
250.00
4,394.19
67.75
67.75
24,091.75
48,934.15
1,000.94
1,471.78
89.08
69.41
350.07
44.00
506.80
85.00
170.00
~.
1,060.00
1,000.94
626.50
J:,:''i:;;;tt;'f'r'': t;,l~;~,'S'if~::':f ';,~,";'~ ; ;:j;~:,'i,'\r'i' '7*.:,~;"1I~~l!If.'~e',.
01/06/12-08:47
City of Port Angeles - LIVE MACHINE
.
Fnd Opt Check
NLJ1lber
Vendor
Name
63863 Office of Support Enforcement
63864 Office of Support Enforcement
63868 Police Association
63884 Tea~ters Local #589
63887 US Department of Education
63889 United Way (payroll)
63892 WSCCCE, AFSCME, AFL-CIO
.
.
CHECK REGISTER
Date From 05/12/2001 To 06/08/2001
Vendor
Nl.II1ber
15072
15166
16156
20056
21075
21028
23167
Description
Payroll deductions pe 05-27
Payroll deductions pe 05-27
Payroll deductions pe 05-27
Payroll deductions pe 05-27
Payroll deductions pe 05-27
Payroll deductions pe 05-27
Payroll deductions pe 05-27
GL Code
Nl.II1ber
698 2315210
698 2315210
698 2315210
698 2315200
698 2315210
698 2315240
698 2315200
June 12 2001
Page 31
Amount
1,471.78
89.08
252.00
1,723.00
69.41
350.07
3,024.80
Total for Accounts Payable Clearing Fund 87,604.78
Grand Total 1,401,402.23
59
.
.
.
60
.
.
.
,/
'..1...1#.....1........
'-,:, ,. > - "",-:-
. ,-..,.
~~_(_;;-':,; ~:;e:,t~,;.1:..,t~(,:,~_;
WASHINGTON, U.S.A.
CITY COU"NCIL MEMO
DATE:
June 18,2001
To:
MAYOR DOYLE AND CITY COUNCIL
FROM:
Glenn A. Cutler, Director of Public Works and Utilities
Brad Collins, Community Development Director
SUBJECT:
Telecommunications and Related Ordinances Adoption
Summary: On April 17, 2001 and May 1, 2001, City Council held public hearings on the
proposed ordinances and telecommunications related amendments to existing ordinances.
Adoption ofthe proposed ordinances was delayed from May 22,2001 to tonight's meeting to
incorporate a recent decision of the Ninth Circuit Court of Appeals.
Recommendation: Adopt the attached ordinances for Telecommunications, Pole
Attachment, and Wireless Telecommunications Tower and Facilities along with updates to
the existing Fees, General Provisions, Public Utility Tax, Construction or Excavation Work
Within Ri ht-of-Wa , and Ri ht-of-Wa Use ordinances.
Back!!round/Analvsis: On October 17, 2000, City Council approved the Community
Telecommunications Action Plan ("Action Plan"). The Action Plan identified the need for a
comprehensive approach to telecommunications policy including a Telecommunications
ordinance that would reference other ordinances including Pole Attachment, Wireless
Telecommunications Tower And Facilities, Fees, Business Licensing, Public Utility Tax,
Construction or Excavation Work Within Right-of-Way, and Right-of-Way Use. A
comprehensive approach to telecommunications policy is needed to satisfy City economic
development goals, comply with federal and state laws, and to improve management of public
rights-of-way anticipating increased telecommunications construction demands.
On March 28, 2001, the Planning Commission held a public hearing and recommended City
Council adopt the Wireless Telecommunications Towers and Facilities ordinance. There were
no concerns raised by the public during the hearing. On April 9, 2001, the Utility Advisory
Committee supported Staffs recommendation to City Council to hold a public hearing and adopt
the new ordinances for Telecommunications, Pole Attachment, and Wireless
Telecommunications Tower and Facilities along with updates to the existing Fees, General
Provisions, Public Utility Tax, Construction or Excavation Work Within Right-of-Way, and
Right-of-Way Use ordinances.
On April 17, 2001, City Council opened a public hearing and received a comment from the
public in favor of the proposed Wireless Telecommunications Tower and Facilities ordinance.
The April 1 ih public hearing was continued to the May 1 sl meeting. There were no comments
received at the May 1 sl public hearing.
/61
City Council Memo
Re: Telecommunications and Related Ordinances Adoption
June 18,2001
On April 24, the Ninth Circuit Court of Appeals rendered a decision that affected the City's
proposed ordinances. On May 7,2001, Qwest provided comments on the City's proposed
Wireless Telecommunications Towers and Facilities ordinance related to the recent court
decision. The court decision and Qwest comments have been carefully considered and have
resulted in several minor changes to the proposed Telecommunications ordinance and Wireless
Telecommunications Towers and Facilities ordinance.
The complete text ofthe new Telecommunications, Pole Attachment, and Wireless
Telecommunications Tower And Facilities are attached. Amendments to the Fees, Business
Licensing, Public Utility Tax, Construction or Excavation Work Within Right-of-Way, and
Right-of-Way Use are in the nature of housekeeping measures. Therefor, rather than providing
the entire text of these chapters, only the sections that are being amended are presented in the
attachment.
Following a brief overview on the changes to the Consultant's March 27,2001 final draft
document, Staff recommends the Council adopt the attached ordinances, including a citation of
the Planning Commission's findings and conclusions in support of that action, at tonight's
meeting.
N,IPWKSIUGH1\POWMlTELECOMREPORT7..DOC
62
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~. ....:';,':gt,:~t%'~~?;.~~~'~>~..~>.)t'~?:z:>[~~~:,~:~.;:.~~1i~:~%ff~~~~F' ,;,:'
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, regulating
telecommunications facilities within City rights-of-way, establishing fees
for such facilities, and adopting Chapter 11.14 of the Port Angeles
Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN
as follows:
Section 1. A new Chapter 11.14 of the Port Angeles Municipal Code is hereby adopted
to read as follows:
CHAPTER 11.14
TELECOMMUNICA TIONS FACILITIES WITHIN RIGHTS OF WAY
Sections:
11.14.010
11.14.020
11.14.030
11.14.040
11.14.050
11.14.060
11.14.070
11.14.080
11.14.090
11.14.100
11.14.110
11.14.120
11.14.130
.
.
General Provisions.
Definitions.
Occupation License Required.
Right-of- Way License Required for Private Telecommunications System.
Master Permit Required for Telecommunications Service.
Persons Asserting an Existing State-Wide Grant.
Facilities Lease Required.
Use Permits Required.
Transitional Provisions.
Administrative Provisions.
Fees and Compensation.
Conditions of Licenses, Master Permits and Leases.
Compliance.
11.14.010 - General Provisions.
A.
Findings and PUI:pose.
1. The City Council finds that it is in the public interest to permit use of the
City's rights-of-way and to establish standards for use of therights-of-way for
service providers and other operators oftelecommunications systems, in a manner
which:
(a) Encourages competition by establishing non-discriminato,ry terms
and conditions under which service providers and other operators of
telecommunications systems may use valuable public property to serve
the public.
(b) Protects the public interest in the use of the limited physical
capacity ofthe public rights-of-way.
(c) Protects the public and the City from any harm resulting from such
private use of rights-of-way and preserves and improves the aesthetics of
the community.
(d) Protects and carries out the regulatory authority of the City and
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recovers administrative costs, in a manner consistent with federal and
state law.
2. The City Council finds that the City's rights-of-way, other City property,
and utility facilities such as its poles and conduits within the City constitute
valuable public property:
(a) That can be partially occupied by private companies and other
entities for facilities used in the delivery, conveyance, and transmission
of telecommunications, utility and public services rendered for profit, to
the enhancement of the health, welfare, and general economic well being
of the City and its citizens; and
(b) That are a unique resource so that proper management by the City
is necessary, to maximize the efficiency and minimize the costs to the
taxpayers of the foregoing uses and to minimize the inconvenience and
negative effects, including degradation, upon the public from such
facilities' construction, emplacement, relocation, and maintenance in the
rights-of-way.
3. Therefore, the purpose and intent of this Chapter is to:
(a) Permit and manage reasonable access to the limited physical
capacity of the available public rights-of-way of the City for
telecommunications purposes in a non-discriminatory, competitively
neutral, and non-exclusive way to the extent required under applicable
law.
(b) Encourage open competition and the provision of advanced and
high quality telecommunications services on the widest possible basis to
the businesses, institutions, and residents of the City, while eliminating
unnecessary local regulation of telecommunications service providers and
servIces.
(c) Promote and encourage competition for voice, data, video, and
video programming services that make the latest and best technology
available and keep service prices affordable for. all City residents and
businesses.
(d) Encourage universal access to telecommunications and video
programming services for all residents and businesses.
(e) Encourage investments by telecommunications service providers
to enhance economic development programs and provide jobs,
opportunities, and choices for its citizens.
(f) Encourage economic development while preserving aesthetic and
other community values and preventing proliferation of aboveground
facilities.
(g) Enable the City to discharge its public trust consistent with rapidly
evolving federal and state regulatory policies, industry competition, and
technological development.
(h) Recover the City's current and ongoing costs of granting and
regulating private access to and use of the public rights-of-way from the
persons and businesses seeking such access and causing such costs, in a
non-discriminatory manner.
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',' 'f~llf\Mt':~~'*'l)~~~~'t~~'t~*r.~~/
11.14.020 - Definition~,<"~,,,,;,f';'; : :';8~tI::~;) .
For the purpose of thIS Chapter, and the mterpretatIon and enforcement thereof, the
following words and phrases shall have the meanings given herein, unless the context of the
sentence in which they are used shall indicate otherwise. When not inconsistent with the context,
words used in the present tense include the future tense; words in the plural number include the
singular number; and words in the singular number include the plural number; and the masculine
gender includes the feminine gender. The words "shall" and "will" are mandatory, and "may" is
permissive. Unless otherwise expressly stated, words not defined in this Chapter shall be
construed consistent with Title 47 of the United States Code and Title 35 of the Revised Code
of Washington, and, if not defined therein, their common and ordinary meaning. References to
governmental entities (whether persons or entities) refer to those entities or their successors in
authority. If specific provisions oflaw referred to herein are renumbered, then the reference shall
be read to refer to the renumbered provision. References to laws, ordinances or regulations shall
be interpreted broadly to cover government actions, however nominated, and include laws,
ordinances and regulations now in force or hereinafter enacted or amended.
.
.
.
A. "Affiliate" means a person, who (directly or indirectly) owns or controls, is owned
or controlled by, or is under common ownership or control with another person.
B. "Applicant" means any person or entity that applies for any right-of-way license,
franchise, lease, or other permit pursuant to this Chapter.
c.
"Application Fee" means the charge specified in Section 11.14.030 herein, and
designed to 'recover the City's actU~1 administrative costs in processing
applications for any right-of-way license, franchise, lease or other permit pursuant
to this Chapter, including applications for the transfer thereof.
D. "Cable Act" means the Cable Communications Policy Act of 1984, 47 U .S.C.521
et seq., as amended by the Cable Television Consumer Protection and
Competition Act of 1992, as further amended by the Telecommunications Act of
1996, and as may be further amended from time to time.,
E. "Cable Facilities" See "Cable system"
F. "Cable Television Service" for the purpose of this Chapter shall have the same
meaning provided by the Cable Act and to the extent applicable RCW 35.99.010.
G.
"Cable System" means a facility, consisting of a set of closed transmission paths
and associated signal generation, reception and control equipment that is designed
to provide cable service which includes video programming and which is
provided to multiple subscribers within a community, but such term does not
include:
1. A facility that serves only to retransmit the television signals of one or
more television broadcast stations;
2. A facility that serves subscribers without using any public right-of-way;
3. A facility of a common carrier which is subject, in whole or in part, to the
provisions of Title II (Common Carriers) ofthe Communications Act of 1934, as
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65
amended, except that such facility shall be considered a cable system to the extent
such facility is used in the transmission of video programming directly to .
subscribers, unless the extent of such use is solely to provide interactive
on-demand services;
4. Any facilities of any electric utility used solely for operating its electric
utility systems; or
5. An open video system that is certified by the FCC.
A reference to a Cable System includes pedestals, equipment enclosures
(such as equipment cabinets), amplifiers, power guards, nodes, cables, fiber optics
and other equipment necessary to operate the cable system.
H. "City" means the City of Port Angeles, a non-charter code city of the State of
Washington, in its present incorporated form or in any later reorganized,
consolidated, enlarged or reincorporated form.
I. "City Property" means and includes all real property, utility poles, conduits,
bridges and similar facilities owned by the City, other than public streets and
utility easements as those terms are defined herein, and all property held in a
proprietary capacity by the City, which are not subject to right-of-way licensing
and master permitting as provided in this Chapter.
J. "Council" means the City Council of the City of Port Angeles, Washington.
K. "Director" means the Director of Public Works and Utilities of the City of Port .
Angeles or his/her designee.
L. "Easement" means any City-held easement for access and public utilities.
M. "Emergency" means a condition of imminent danger to the health, safety and
welfare of property or persons located within the City including, without
limitation, damage to persons or property from natural consequences, such as
storms, earthquakes, riots or wars.
N. "Excess Capacity" means the volume or capacity in any existing or future duct,
conduit, manhole, handhole or other utility facilities within the right-of-way that
is or will be available for use for additional telecommunications facilities.
o.
"Facilities" means all of the plant, equipment, fixtures, appurtenances, antennas,
and other facilities necessary to furnish and deliver telecommunications services,
private telecommunications services, and cable television services, including but
not limited to poles with crossarms, poles without crossarms, wires, lines,
conduits, cables, communication and signal lines and equipment, braces, guys,
anchors, faults, and all attachments, appurtenances, and appliances necessary or
incidental to the distribution and use of telecommunications services, private
telecommunications services, and cable television services.
P.
"Facilities Lease" or "Lease" means the legal authorization to occupy and use
.
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66
.
.
,-, - '~:.f~~~0;O~J1'N~~\?:!'~':'~;i'!i _~~tv;Y~"~~*;\~~~!f:f"'!'-'~~~~'~~~~Yr::;
:~~tc
specific City prqp~I1?"and/or speci~careas of City right-of-way for the specified
time and under the specified terifi~;~si'agreed to between the City and the lessee.
Q.
"FCC" or "Federal Communications Commission" means the federal
administrative agency or lawful successor, authorized to regulate and oversee
telecommunications, cable and open video carriers, operators and providers on a
national level.
R.
"Fiber Optics" means the technology of guiding and projecting light for use as a
communications medium.
S.
"Franchise" means the prior authorization, granted by the City to a service
provider giving the carrier or operator the non-exclusive right to occupy the space
in, under, over or across rights-of-way of the City to provide a specified service
within the City. Such franchises do not include and are not a substitute for:
1. Any other permit or authorization required for the privilege of transacting
and carrying on a business within the City required by the ordinances and laws
of the City;
2. Any permit, agreement or authorization required in connection with
operations on or in public streets or property, including by way of example and
not limitation, right-of-way construction, use and street cut permits;
3. Any permits or agreements for occupying any City Property or property
of private entities to which access is not specifically granted by the franchise
including, without limitation, permits arid agreements for placing devices on or
in any City Property including, without limitation, poles, conduits, buildings,
other structures or railroad easements, or property of a private entity; or
4. The right to place devices in the right-of-way, such as pay telephones, for
end user use in terminating or originating transmissions.
By way of example, and without limiting the foregoing, this Chapter shall
not be read to diminish or in any way affect the authority of the City to control
and charge for the use of its real estate, fixtures or personal property. Therefore,
any person who desires to use such property must obtain additional approvals,
master permits, use permits or agreements for that purpose, as may be required
by the City or state law.
T. "Franchisee" means the person, firm or corporation to whom or which a franchise,
as defined in this Section, was previously granted by the City and the lawful
successor, transferee or assignee of said person, firm or corporation subject to
such conditions as may be established in this Chapter.
U. "Grantee" means the holder of a franchise, right-of-way license, master permit,
use permit or facilities lease.
v.
.
"Gross Revenues" means all revenue, including funds used to pay franchise fees,
from the provision of telecommunications services in the City via a
telecommunications system; provided, however, gross revenues shall not include
taxes imposed directly upon any subscriber or user by the federal, state, county,
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67
or other governmental unit and required to be collected by the grantee; and
provided further, that a grantee may deduct from its gross revenues those .
revenues received from a lessee or a like provider that holds a franchise or license .....
under this Chapter, provided that said lessee or like provider submits a certificate
to the grantee stating that it has paid the fees it owes the City for the applicable
reporting period. Copies of the certificate must be provided to the City.
W. "License" or "Right-of-Way License" refers to the legal authorization, in lieu of
a franchise or master permit, to use a particular, discrete, and limited portion of
the public rights-of-way to construct, maintain or repair a telecommunications
facility or a private telecommunications system by a non-service provider. The
term license or right-of-way license shall not mean or include:
1. Any other permit or authorization required for the privilege of transacting
and carrying on a business within the City;
2. Any other permit, agreement or authorization required in connection with
operations on public streets or property, including by way of example and not
limitation, right-of-way construction permits or use permits as defined in Chapter
11.08 P AMC;
3. Any permits or agreements for occupying any City Property or property
of private entities to which access is not specifically granted by the right-of-way
license including, without limitation, permits and agreements for placing devices
on or in any City Property including, without limitation, poles, conduits buildings,
other structures or railroad easements, or property of a private entity; or
4. The right to place devices in the right-of-way, such as pay telephones, for .
end-user use in originating and terminating transmissions, otherwise authorized,
such as by a facilities lease.
X. "Master Permit" means the agreement between the City in which it grants general
permission to a service provider to enter, use, and occupy the right-of-way for the
purpose of locating facilities. For purposes of this Chapter, a franchise, except
for a cable television franchise, is a master permit. A master permit does not
include cable television franchises. The term master permit shall not mean or
include:
1. Any other permit or authorization required for the privilege oftransacting
and carrying on a business within the City.
2. Any other permit, agreement or authorization required in connection with
operations on public streets or property, including by way of example and not
limitation, right-of-way construction permits and use permits as defined in
Chapter 11.08 P AMC.
3. Any permits or agreements for occupying any other property of the City
or private entities to which access is not specifically granted by the master permit
including, without limitation, permits and agreements for placing devices on or
in poles, conduits other structures, or railroad easements, whether owned by the
City, or a private entity.
4. The right to place devices in the right-of-way, such as pay telephones, for
end-user use in originating and terminating transmissions, otherwise authorized, .
such as by a facilities lease.
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l\\~'J!!'I~!X~~;g1:~~~~;f. .
y.
"Non-Service ~royi<i~r" means any person installing, constructing, monitoring or
\~_;'- _.A'':\C.:~_,,/~ " , ~;_, "",j;"___,.,..,:,,,_:;.:~..
operating a pnvate i telecoI11I1luni~ations system or installing, constructing,
maintaining facilities, including but not limited to conduit and/or unlit dark fiber
located in the right-of-way that is not used to provide telecommunications service
for hire~ sale or resale to the general public.
.
Z. "Open Yideo System" or "OYS" means a facility consIstmg of a set of
transmission paths and associated signal generation, reception and control
equipment that is designed to provide Cable Service, which includes video
programming, which is provided to multiple subscribers within a community, and
which the Federal Communications Commission or its successor has certified as
compliant with Part 76 of its rules, 47 C.F.R., Part 76, as amended from
time-to-time.
AA. "Open Yideo System Service" means video programming by means of an open
video system.
BB. "Other Ways" means the highways, streets, alleys, utility easements or other
rights-of-way within the City; but under the jurisdiction and control of a
governmental or private entity other than the City.
.
Cc. "Overhead Facilities" refers to electric utility and telecommunications facilities
located above the surface of the ground, including the underground supports and
foundations for such facilities."
DD. "Person" means and includes corporations, companies, associations, joint stock
companies or associations, firms, partnerships, limited liability companies and
individuals and includes their lessors, trustees and receivers but does not include
the City.
EE. "Personal Wireless Service" means commercial mobile services, unlicensed
wireless services, and common carrier wireless exchange access services, as
defined by federal law and regulations.
FF. "Private Telecommunications Facilities" means all of the plant, equipment,
fixtures, appurtenances, antennas, and other facilities necessary to furnish and
deliver private telecommunications services, including but not limited to poles
with crossarms, poles without crossarms, wires, lines, conduits, cables,
communication and signal lines and equipment, braces, guys, anchors, faults, and
all attachments, appurtenances and appliances necessary or incidental to the
distribution and use of private telecommunications services. "Private
telecommunications facilities" also includes any conduit, lines, fiber or unlit dark
fiber that is not used to provide telecommunications services for hire, sale or
resale to the general public.
.
GG. "Private Telecommunications System" means a telecommunications system
controlled by a person or entity for the sole and exclusive use of such person,
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69
entity or affiliate thereof, including the provIsIon of private shared
telecommunications services within a user group located in discrete private .
premises in building complexes, campuses or high rise buildings, by such party
or entity, but not encompassing in any respect, a system offered for hire, sale or
resale to the general public. For the purposes of this Chapter, "private
telecommunications system" also includes facilities comprised of conduit, lines,
fiber or unlit dark fiber located in the right-of-way that are not used to provide
telecommunications services for hire, sale or resale to the general public.
HH. "Private Telecommunications System Owner" means a person that owns or leases
a private telecommunications system.
II. "Proposal" means the response, by an individual or organization, to a request by
the City regarding the provision of telecommunications services. "Proposal" also
includes an unsolicited plan submitted by an individual or organization seeking
to provide telecommunications services in the City.
JJ. "Right-of- Way" means land acquired or dedicated for roads and public streets and
easements for which, under City ordinances and other applicable laws, the City
has authority to grant master permits, licenses or leases for use thereof, or has
regulatory authority thereover, and may be more specifically defined in the master
permit, license or lease granting any right to or use thereof. "Rights-of-way" for
the purpose of this C~apter do not include buildings, parks, poles, conduits or .
similar facilities or property owned by or leased to the City, including, by way of
example and not limitation, structures in the right-of-way such as utility poles,
and bridges.
KK. "Service Provider" means every corporation, company, association, joint stock
association, firm, partnership, or person owning, operating, or managing any
facilities used to provide and providing telecommunications or cable television
service for hire, sale, or resale to the general public. Service provider includes the
legal successor to any such corporation, company, association, joint stock
association, firm, partnership, or person.
LL. "State" means the State of Washington.
MM. "Surplus Space" means that portion of the usable space on a utility pole, or in a
duct or conduit which has the necessary clearance from other users, as required
by federal or state orders and regulations, to allow its use by a
telecommunications carrier for a pole attachment or other telecommunications
facility.
NN. "Telecommunications Service" means the transmission of information by wire,
radio, optical cable, electromagnetic, or other similar means for hire, sale, or
resale to the general public. For the purposes of this Chapter, "information" ..
means knowledge or intelligence represented by any form of writing, signs, .
signals, pictures, sounds, or any other symbols. For the purpose ofthis Chapter,
70
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~ ""...~,t ",'!.j; r, .w.IJI!lll'li"'l!.I:lfl1llllw'ilit
. j;_~:~~<F{'t!'~'~r~~:.?l ,. /__::; Ji~Ij.lfi,;q:;~d~_O;~\~~~<~
"telecommunications service" excludes the over-the-air transmission of broadcast
. television or brH~ac~~t radio sign~ll~i;'\;~'
00. "Telecommunications System" means a tangible facility that is used to provide
one or more telecommunications services, any portion of which occupies public
rights-of-way. The term "telecommunications sys,tem" by way of example, and
not limitation, includes wires, equipment cabinets, guys, conduit, radio
transmitting towers, poles, other supporting structures and associated and
appurtenant facilities used to transmit telecommunications signals. The term
"telecommunications system" includes all devices mounted on electric utility
poles in the public rights-of-way through which telecommunications serVices are
originated or terminated. A cable system is not a telecommunications system to
the extent that it provides only cable service and an open video system is not a
telecommunications system to the extent that it provides only video services.
PP.
"Transfer" means any transaction in which:
1. There is any change, acquisition or transfer of working control of the
franchisee, right-of-way license holder, or maser permit holder; or
2. The rights and/or obligations held by the franchisee, right-of-way license
holder, or master permit holder under the franchise, right-of-way license, or
master permit are transferred, sold, assigned or leased, in whole or in part, to
another party; provided that it will be presumed that any transfer or cumulative
transfer of voting interest of twenty percent (20%) or more is transfer of working
control within the meaning of this definition.
.
QQ. "Usable Space" m~ans the total distance between the top of a utility pole and the
lowest possible attachment point that provides the minimum allowable vertical
clearance as specified in any federal or state order or regulation.
RR. "Use Permit" means the legal authorization from the City, in addition to a master
permit or franchise, to enter and use a specified portion of the public
rights-of-way for the purpose of installing, repairing, or removing identified
facilities.
SS. "Utility Easement" means any easement owned by the City and acquired,
established, dedicated or devoted for public utility purposes not inconsistent with
telecommunications facilities, excluding easements not specifically allowing
license, franchise or lease holders.
TT. "Utility Facilities" means the plant, equipment and property, including but not
limited to the poles, pipes, mains, conduits, ducts, cables, wires, plant and
equipment located under, on or above the surface of the ground within the
rights-of-way of the City and used or to be used for the purpose of providing
utility and telecommunications services.
.
DU. "Working Control" means the ability to affect management decisions. It will be
presumed that voting interest of twenty percent (20%) or more is considered
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71
working control within the meaning of this Chapter.
.
11.14.030 - Occupation License Required.
Except as otherwise provided herein, any service provider engaged in the business of
telecommunications service of any kind originating or terminating in the City shall obtain an
occupation license from the City pursuant to Chapter 5.80, Licensing and Taxation, PAMC, as
applicable.
11.14.040 - Right-of-Way License Required for Private Telecommunications System.
Except as otherwise provided herein, any person who desires to construct, install, control
or otherwise locate telecommunications facilities in, under, over or across any rights-of-way of
the City for the sole purpose of providing a private telecommunications system shall first obtain
a right-of-way license granting the use of such rights-of-way from the City pursuant to PAMC
11.14.100.
11.14.050 - Master Permit Required for Telecommunications Service.
Except as otherwise provided herein, any person who desires to construct, install, control
or otherwise locate telecommunications facilities in, under, over or across any rights-of-way of
the City to provide telecommunications service, shall first obtain a master permit granting the use
of such rights-of-way from the City pursuant to PAMC 11.14.100.
11.14.060 - Persons Asserting an Existing State-Wide Grant.
Any person asserting an existing state-wide grant based on a predecessor telephone or
telegraph company's existence at the time ofthe adoption ofthe Washington State Constitution .
may continue to operate under the existing state-wide grant provided the person provides the City
with documentation evidencing the existing state-wide grant. The City may request, but not
require, a person asserting an existing state-wide grant to obtain a master permit wider this
Chapter. A person asserting an existing state-wide grant may elect at any time to apply for a
superseding master permit under this Chapter. All service providers asserting existing state-wide
grants or other authority to use and occupy the right-of-way shall be subject to the same
requirements as holders of master permits to the extent allowed by state and federal law.
11.14.070 - Facilities Lease Required.
Any person, including but not limited to service providers and non-service providers, who
occupies or desires to locate telecommunications equipment on or in City property, including
lands or City-owned physical facilities other than the public rights-of-way, shall not locate such
facilities or equipment on City property unless granted a facilities lease from the City pursuant
to PAMC 11.14.030. The City reserves unto itself the sole discretion to lease City property for
telecommunications facilities, and no vested or other right shall be created by this Section or any
provision of this Chapter applicable to such facilities leases. For purposes of this Section, "City
property" shall include site-specific locations in the rights-of-way.
11.14.080 - Use Permits Required.
Except as otherwise provided herein, the holder of a right-of-way license, master permit,
franchise or lease granted pursuant to this Chapter or otherwise authorized to use and occupy the .
public rights-of-way, shall, in addition to said right-of-way license, master permit, franchise,
lease, or grant be required to obtain a use permit from the City pursuant to 11.08 P AMC before
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.~"'4~':..~r;.~~j
.
performing any work in City rights-of-way. Pole attachments shall meet requirements of Chapter
13.14 P AMC. No work, constractiofl; development;' excavation, or installation of any equipment
or facilities shall take place within the rights-of-way or upon City property until such time as the
use permit is issued except as provided in Titles 11 and 13 PAMC.
11.14.090 - Transitional Provisions.
A. Service Providers Operating without a Franchise or Master Permit or Other Grant
or Agreement.
Any person operating any facility which requires a' master permit under this
Chapter, other than a person holding a franchise, license or lease under this Chapter, or
other grant or authority from the City, shall have three (3) months from the effective date
of this Chapter to file the necessary applications for a master permit under this Chapter.
Any person timely filing such an application shall not be subject to City remedies under
PAMC 11.14.130 hereof for failure to have such a master permit as long as said
application remains pending; provided, however, nothing herein shall relieve any person
of any liability for failure to obtain any franchise or right-of-way license required under
other City ordinances, and nothing herein shall prevent the City from requiring removal
of any facilities installed in violation of any such ordinances.
.
B. Persons Holding Leases.
Any lessee, under a lease from the City for facilities located on City property that
is valid and in force on the effective date of this Chapter, may continue to occupy such
property to the conclusion of the term of the lease, in accordance with the terms of such
lease; provided, however, that such lessee may elect at any time to apply for a
superseding lease under this Chapter.
11.14.100 - Administrative Provisions.
.
A. Right-of-Way License.
A right-of-way license shall be required of any person who occupies or desires to
construct, install, control or otherwise locate telecommunications facilities in, under, over
or across any rights-of-way of the City, which facilities are not used to provide
telecommunications service for hire, sale or resale to the general public or are used for
the sole purpose of providing a private telecommunications system.
A right-of-way license is not required for persons already holding master permits
for the same telecommunications facilities.
1. Right-of-Way License Application. Any person who desires a
right-of-way license pursuant to this Chapter shall file an application with the
City, which shall include the following information:
(a) The identity of the applicant and the persons who exercise working
control over the applicant. Publicly traded entities may provide copies of
the pertinent portions of their most recent sworn filing( s) with the Federal
Securities and Exchange Commission that evidence any working control
ownership interests, to comply with this requirement.
(b) A description of the telecommunications services that are or will
be offered or provided by the applicant over its telecommunications
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facilities. Only general, non-proprietary information need be provided.
(c) Whether the applicant intends to provide cable service, open video .
service or other video programming service, and sufficient information to
determine whether such service is subject to the City's cable franchising
'requirements. Only general, non-proprietary information need be
provided.
(d) A network map of existing and proposed facilities to be located
within the City, all in sufficient detail to identify:
(i) The location and route requested for the applicant's
proposed facilities, including any environmentally sensitive areas
that may be subject to City's State Environmental Protection Act
(SEP A) ordinance.
(ii) The specific trees, structures, improvements, facilities and
obstructions, if any, that the applicant proposes to temporarily or
permanently remove or relocate; and
(iii) To the extent known at the time of application, the
location( s) where there are or will be interconnections of
telecommunications facilities by the applicant.
2. Map FormatlMedia. The Director shall have the discretion to prescribe the
format and/or media of said maps, consistent with City ordinances and policies.
To the extent compatible with the City's electronic mapping software, the
applicant shall provide said maps in a computer readable electronic format,
together with the following information:
(a) A description of the transmission medium that will be used by the .
applicant to offer or provide such private telecommunications services.
(b) A description of the City's existing available facilities, such as
utility poles, conduits, vaults, etc., that the applicant proposes to use to
provide such private telecommunications services in accordance with
applicable City regulations and requirements.
(c) Ifthe applicant is proposing to install overhead facilities, evidence
that surplus space is available for locating its private telecommunications
facilities on existing utility poles along the proposed route.
(d) If the applicant is proposing an underground installation in
existing ducts or conduits within the rights-of-way, evidence that surplus
space is available for locating its private telecommunications facilities in
such existing ducts or conduits along the proposed route.
(e) A preliminary construction schedule and completion date.
(f) Information establishing that the applicant has obtained all other
governmental approvals, permits and facilities leases, to construct the
facilities.
(g) All deposits or charges and application fees required pursuant to
this Chapter.
3. Determination by the City. Within ninety (90) days after receiving a
complete application under P AMC 11.14.1 OOA, the Director shall issue a written
determination granting or denying the right-of-way license in whole or in part. If .
the right-of-way license is denied, the written determination shall include the
reasons for denial. The decision to grant or deny an application for a right-of-way
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.
license shall be based upon the following standards:
( a) Whether the applioant'sprivate telecommunications system which
will occupy the right-of-way has received all requisite licenses,
certificates and authorizations from the Federal Communications
Commission, the Washington Utilities and Transportation Commission,
or any other federal or state agency having jurisdiction.
(b) Whether the application demonstrates that adequate technical,
financial and legal resources are available to perform the requirements of
this ordinance.
(c) The damage or disruption, if any, of public or private facilities,
improvements, service, travel or landscaping if the right-of-way license
is granted.
(d) The public interest in minimizing the cost and disruption of
construction within the rights-of-way.
(e) The effect, if any, on public health, safety and welfare if the
right-of-way license is granted.
(f) The availability of alternate routes and/or locations for the
proposed facilities.
(g) Applicable federal and state telecommunications laws, regulations
and policies.
4. Agreement. No right-of-way license shall be deemed to have been granted
hereunder until the applicant and the City have executed a written agreement
setting forth the particular terms and provisions under which the grantee has been
granted the right to occupy and use rights-of-way of the City.
5. Term of Right-of-Way License. Unless otherwise specified in a
right-of-way license, a right-of-way license granted hereunder shall be valid for
a term of five (5) years, subject to renewal as provided in this Chapter.
6. Nonexclusive Grant. No right-of-way license granted under this Chapter
shall confer any exclusive right, privilege, license or franchise to occupy or use
the rights-of-way ofthe City for delivery of telecommunications services or any
other purposes.
7. Rights Granted. No right-of-way license granted under this Chapter shall
convey any right, title or interest in the rights-of-way, but shall be deemed a
right-of-way license only to use and occupy the rights-of-way for the limited
purposes and term stated in the right-of-way license. Further, no right-of-way
license shall be construed as any warranty of title.
8. Specified Route. A right-of-way license granted under this Chapter shall
be limited to a grant of specific rights-of-way and defined portions thereof.
9. Amendment of Right- of- W ay License. A new application shall be required
of any person who desires to extend or locate its private telecommunications
facilities in rights-of-way of the City, which are not included in a right-of-way
license previously granted under this Chapter. If ordered by the City to locate or
relocate its private telecommunications facilities in rights-of-way not included in
a previously granted right-of-way license, the City shall grant an amendment to
the right-of-way license without further application.
10. Renewal of Right-of-Way License. A grantee that desires to renew its
right-of-way license under this Chapter for an additional term shall, not more than
.
.
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one hundred eighty (180) days nor less than ninety (90) days before expiration of
the current right-of-way license, file an application with the City for renewal .
which shall include the following:
(a) The information required pursuant to PAM C 11.14.1 OOA.
{b) Any information required pursuant to the right-of-way license
agreement between the City and the grantee.
(c) All deposits or charges and application fees required pursuant to
this Chapter.
11. Renewal Determination. Within ninety (90) days after receiving a
complete application for renewal, the Director shall issue a written determination
granting or denying the renewal application in whole or in part. If the renewal
application is denied, the written determination shall include the reasons for
denial. The decision to grant or deny an application for the renewal of a
right-of-way license shall, in addition to the standards set forth in P AMC
1 1. 14. 100A3, be based upon the following standards:
(a) The continuing capacity ofthe rights-of-way to accommodate the
applicant's existing facilities.
(b) The applicant's compliance with the requirements of this Chapter
and the right-of-way license.
(c) Applicable federal, state and local telecommunications laws, rules
and policies.
12. Obligation to Cure as a Condition of Renewal. No right-of-way license
shall be renewed until any ongoing violations or defaults in the grantee's
performance under the right-of-way license, or of the requirements of this .
Chapter, have been cured, or a plan detailing the corrective action to be taken by
the grantee has been approved by the City.
B. Master Permit.
A master permit shall be required of any service provider who desires to construct,
install, control or otherwise locate telecommunications facilities in, under, over or across,
any right-of-way of the City, and to provide telecommunications service for hire, sale or
resale to the general public; provided, however, that a right-of-way license in accordance
with PAMC Il.14.100A may, with the approval of the Director, be substituted for a
master permit for de minimis (i.e., significantly less than city-wide or route specific) uses
of rights-of-way made in conjunction with a telecommunications system located entirely
upon publicly or privately owned property.
1. Master Permit Application. Any person that desires a master permit
pursuant to this Chapter shall file an application with the City which shall include:
( a) The identity ofthe applicant and the persons who exercise working
control over the applicant. Publicly traded entities may provide copies of
the pertinent portions of their most recent sworn filing(s) with the Federal
Securities and Exchange Commission that evidence any working control
ownership interests, to comply with this requirement.
(b) A description of the telecommunications services that are or will
be offered or provided by the applicant over its telecommunications
facilities. Only general, non-proprietary information need be provided. .
(c) Whether the applicant intends to provide cable service, open video
76
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.
service or other video programming service, and sufficient information to
determine whether such;service is subject to the City's cable franchising
requirements. Only general, non-proprietary information need be
provided.
(d) At the time of the application, a network map of existing and
proposed facilities to be located within the City, all in sufficient detail to
identify:
(i) The location and route requested for applicant's proposed
facilities, including any environmentally sensitive areas that may
be subject to the City's SEP A ordinance.
(ii) The specific trees, structures, improvements, facilities and
obstructions, if any, that applicant proposes to temporarily or
permanently remove or relocate.
(iii) To the extent known at the time of application, the names
of other telecommunications carriers, operators or providers to
which there will be an interconnection of telecommunications
facilities by the applicant.
(e) An accurate map showing the location of any existing
telecommunications facilities in the City that applicant intends to use or
lease to the extent not previously provided.
(f) The area or areas ofthe City that the applicant desires to serve and
the initial schedule, if any, for build-out to the master area.
(g) All deposits or charges and application fees required pursuant to
this Chapter.
2. Determination by the City. Within one hundred twenty (120) days after
receiving a complete application under P AMC 11.14.1 OOB hereof, the City shall
issue a written determination granting or denying the application in whole or in
part unless the applicant agrees to a longer period or the master permit sought
requires action of the Council and such action cannot reasonably be obtained
within 120 days. If the application is denied, the City's decision shall be
supported by substantial evidence contained in the written determination, which
shall include the reasons for denial. Prior to granting or denying a master permit
under this Chapter, the Council shall conduct a public hearing and make a
decision based upon the standards set forth below. The Council shall not approve
any master permit hereunder until the next regularly scheduled Council meeting
following the public hearing. Said standards are:
(a) Whether the applicant's telecommunications system which will
occupy the right-of-way has received all requisite licenses, certificates and
authorizations from the Federal Communications Commission, the
Washington Utilities and Transportation Commission, or any other federal
or state agency having jurisdiction.
(b) To the extent allowed under applicable law or if the applicant is
a provider of cable television service, whether the applicant's application
demonstrates adequate technical, financial and legal resources are
available.
(c) The damage or disruption, if any, of public or private facilities,
improvements, service, travel or landscaping if the master permit license
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is granted.
(d) The public interest in minimizing the cost and disruption of .
construction within the rights-of-way.
(e) The effect, if any, on public health, safety and welfare ifthe master
permit license is granted.
(f) The availability of alternate routes and/or locations for the
proposed facilities.
(g) Applicable federal and state telecommunications laws, regulations
and policies.
3. Agreement and Ordinance. No master permit shall be deemed to have
been granted hereunder until the applicant and the City have executed a written
agreement, as adopted by ordinance, which ordinance shall set forth the particular
terms and provisions under which the service provider has been granted the right
to occupy and use rights-of-way of the City.
4. Term of Master Permit Grant. Unless otherwise specified in a master
permit agreement, a master permit granted hereunder shall be valid for a term of
ten (10) years subject to renewal as provided in this Chapter.
5. Nonexclusive Grant. No master permit granted under this Chapter shall
confer any exclusive right or privilege to occupy or use the rights-of-way of the
City for delivery of telecommunications services or any other purposes.
6. Rights Granted. No master permit granted under this Chapter shall convey
any right, title or interest in the rights-of-way, but shall be deemed a master
permit only to use and occupy the rights-of-way for the limited purposes and term
stated in the master permit. Further, no master permit shall be construed as any .
warranty of title.
7. Amendment of Master Permit Grant. A new master permit application and
grant shall be required of any person who desires to extend its master permit
territory or to locate its telecommunications facilities in rights-of-way ofthe City
which are not included in a master permit previously granted under this Chapter.
If ordered by the City to locate or relocate its telecommunications facilities in
rights-of-way not included in a previously granted master permit, the grantee shall
be granted a master permit amendment without further application.
8. Renewal of Master Permit. A service provider that desires to renew its
master permit under this Chapter for an additional term shall, not more than one
hundred eighty (180) days nor less than one hundred twenty (120) days before
expiration of the current master permit, file an application with the City for
renewal of its master permit, which application shall include the following:
(a) The information required pursuant to PAMC 11.14.100A.
(b) Any information required pursuant to the master permit agreement
between the City and the grantee.
(c) All deposits or charges and application fees required pursuant to
this Chapter.
9. Renewal Determination. Within one hundred twenty (120) days after
receiving a complete application for renewal, the City shall issue a written
determination granting or denying the renewal application in whole or in part. If .
the renewal application is denied, the City's decision shall be supported by
substantial evidence contained in the determination, which shall include the
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.
reasons for denial. Prior to granting or denying renewal of a master permit under
this Chapter, the>€ollncil shalh,conduct a public hearing and make a decision
based upon the standards set forth in PAMC 11.14.100B2, and the following
additional standards:
(a) The continuing capacity of the rights-of-way to accommodate the
applicant's existing facilities.
(b) The applicant's compliance with the requirements of this Chapter
and the master permit agreement.
(c) Applicable federal, state and local telecommunications laws, rules
and policies.
10. Obligation to Cure as a Condition of Renewal. No master permit shall be
renewed until any ongoing violations or defaults in the service provider's
performance of the maste~ permit agreement, or of the requirements of this
Chapter, have been cured, or a plan detailing the corrective action to be taken by
the service provider has been approved by the City.
11. Expedited Processing of Use Permits. A master permit may contain a
procedure for expedited processing of a use permit based on reasonable necessity
arising from hardship or emergency.
.
C. Facilities Lease.
The Council may, in its sole discretion, approve facilities leases for the location
of telecommunications facilities and other facilities upon City Property, as that term is
defined in this Chapter or upon right-of-way as permitted under RCW 35.21.860(1)(e).
Neither this Section nor any other provision of this Chapter shall be construed to create
an entitlement or vested right in any person or entity.
1. Lease Application. Any person that desires to solicit the City's approval
of a facilities lease for telecommunications facilities pursuant to this Chapter shall
file a lease application with the City, which shall include the following:
(a) The identity of the applicant.
(b) A description of the telecommunications facilities or other
equipment proposed to be located upon City property.
(c) A description of the City property upon which the applicant
proposes to locate telecommunications facilities or other equipment.
(d) Demonstration of compliance with Title 17 P AMC, Zoning, if
applicable.
(e) , Preliminary plans and specifications in sufficient detail to identify:
(i) The location(s) of existing telecommunications facilities
or other equipment upon the City property, whether publicly or
privately owned.
(ii) The location and source of electric and other utilities
required for the installation and operation of the proposed
facilities.
(f) Accurate scale conceptual drawings and diagrams of sufficient
specificity to analyze the aesthetic impacts of the proposed
telecommunications facilities or other equipment.
(g) An accurate map showing the location of any existing
telecommunications facilities in the City that applicant intends to use or
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lease.
(h) All deposits or charges and application fees required pursuant to .
this Chapter.
2. Determination by the City. Within one hundred twenty (120) days after
receiving a complete application under P AMC 11.14.l00C, the City shall issue
a written determination granting or denying the application in whole or in part.
If the lease application is denied, the written determination shall include the
reasons for denial. The decision to grant or deny an application for a facilities
lease shall be based upon the following standards:
(a) Whether the applicant's facilities, which will occupy the City
property, have received all requisite licenses, certificates and
authorizations from the Federal Communications Commission, the
Washington Utilities and Transportation Commission, or any other federal
or state agency having jurisdiction.
(b) Whether the applicant's application demonstrates that adequate
technical, financial and legal resources are available.
(c) The damage or disruption, if any, of public or private facilities,
improvements, service, travel or landscaping if the lease is granted.
(d) The public interest in minimizing the cost and disruption of
construction upon City property and within the rights-of-way.
(e) The effect, ifany, on public health, safety and welfare if the lease
requested is approved.
(f) The availability of alternate locations for the proposed facilities. .
(g) The potential for radio frequency and other interference with
existing public and private telecommunications or other facilities located
upon the City property.
(h) The potential for radio frequency and other interference or impacts
upon residential, commercial and other uses located within the vicinity of
the City property.
(i) Applicable federal and state telecommunications laws, regulations
and policies.
3. Agreement. No facilities lease shall be deemed to have been granted
hereunder until the applicant and the City have executed a written agreement
setting forth the particular terms and provisions under which the lessee has been
granted the right to occupy and use the City property.
4. Term of Facilities Lease. Unless otherwise specified in a lease agreement,
a facilities lease granted hereunder shall be valid for a term of one (1) year,
subject to annual renewal as provided in this Chapter.
5. Nonexclusive Lease. No facilities lease granted under this Chapter shall
confer any exclusive right, privilege, license, master permit or franchise to occupy
or use City property for delivery of telecommunications services or any other
purposes.
6. Rights Granted. No facilities lease granted under this Chapter shall convey
any right, title or interest in the City property, but shall be deemed a facilities
lease only to use and occupy the City property for the limited purposes and term .
stated in the lease agreement. Further, no facilities lease shall be construed as any
warranty of title.
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.
7. Interference with Other Users. No facilities lease shall be granted under
this Chapter unless it contains aproyision, which is substantially similar to the
following:
"The City may have previously entered into leases with other tenants for
their equipment and antennae facilities. Lessee acknowledges that the
City may also be leasing the City property for the purposes of transmitting
and receiving telecommunications signals from the City property. The
City, however, is not in any way responsible or liable for any interference
with lessee's use ofthe City property which may be caused by the use and
operation of any other tenant's equipment, even if caused by new
technology. In the event that any other tenant's activities interfere with the
lessee's use of the City property, and the lessee cannot resolve this
interference with the other tenants, the lessee may, upon thirty (30) days
notice to the City, terminate this lease and restore the City property to its
original condition, reasonable wear and tear excepted. The lessee shall
cooperate with all other tenants to identify the causes of and work towards
the resolution of any electronic interference problem. In addition, the
lessee agrees to eliminate any radio or television interference caused to
City-owned facilities or surrounding residences at lessee's own expense
and without installation of extra filters on City-owned equipment. Lessee
further agrees to accept such interference as may be received from
City-operated telecommunications or other facilities located upon the City
property subject to this lease."
8. Ownership and Removal of Improvements. No facilities lease shall be
granted under this Chapter unless it contains a provision, which states that all
buildings, landscaping and all other improvements, except telecommunications
equipment, shall become the property of the City upon expiration or termination
of the lease. In the event that telecommunications facilities or other equipment are
left upon City property after expiration or termination of the lease, they shall
become the property ofthe City if not removed by the lessee upon thirty (30) days
written notice from the City.
In the event that the City requires removal of such improvements, such
removal shall be accomplished at the sole expense of the lessee and completed
within ninety (90) days after receiving notice from the City requiring removal of
the improvements, or removal will be accomplished by the City at lessee's
expense.
9. Cancellation of Lease by Lessee.
(a) All facilities leases are contingent upon the prospective lessee
obtaining all necessary permits, approvals and licenses for the proposed
facilities. In the event that the prospective lessee is unable to obtain all
such permits, approvals and licenses; it may cancel its lease, and obtain
a pro rata refund of any rents paid, without further obligation by giving
thirty (30) days written notice to the City.
(b) In the event that the holder of a facilities lease determines that the
City property is unsuitable for its intended purpose, the lessee shall have
the right to cancel the lease upon one hundred twenty (120) days written
notice to the City. However, no prepaid rent shall be refundable.
.
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10. Amendment of Facilities Lease. Except as provided within an existing
lease agreement, a new lease application and lease agreement shall be required of .
any telecommunications carrier or other entity that desires to expand, modify or
relocate its telecommunications facilities or other equipment located upon City
property. If ordered by the City to locate or relocate its telecommunications
facilities or other equipment on the City property, the City shall grant a lease
amendment without further application.
11. Renewal Application. A lessee that desires to renew its facilities lease
under this Chapter shall, not more than one hundred twenty (120) days nor less
than sixty (60) days before expiration of the current facilities lease, file an
application with the City for renewal of its facilities lease which shall include the
following:
(a) The information required pursuant to PAMC 1 1. 14. 100C;
(b) Any information required pursuant to the facilities lease agreement
between the City and the lessee;
(c) All deposits or charges and application fees required pursuant to
this Chapter.
12. Renewal Determination. Within sixty (60) days after receiving a complete
application for renewal, the City shall issue a written determination granting or
denying the renewal application in whole or in part. If the renewal application is
denied, the written determination shall include the reasons for denial. The
decision to grant or deny an application for the renewal of a facilities lease shall,
in addition to the standards set forth in PAMC 1 1. 14. 100C2, be based upon the .
following additional standards:
(a) The continuing capacity ofthe City property to accommodate the
applicant's existing facilities.
(b) The applicant's compliance with the requirements of this Chapter
and the lease agreement.
(c) Applicable federal, state and local telecommunications laws, rules
and policies.
13. Obligation to Cure as a Condition of Renewal. No facilities lease shall be
renewed until any ongoing violations or defaults in the lessee's performance ofthe
lease agreement, or of the requirements of this Chapter, have been cured, or a plan
detailing the corrective action to be taken by the lessee has been approved by the
City.
14. There shall be no appeal of the City's determination under PAMC
11.14.1 00c.
D. Appeal of City Determination.
Any person aggrieved by the granting or denying of a right-of-way license, master
permit, f&wilit) ISafie, use permit or the renewals thereof pursuant to this Chapter shall
have the right to appeal to the Council as follows:
1. All appeals filed pursuant to this Subsection must be filed in writing with
the Director within ten (10) working days of the date of the decision appealed,
~. .
2. All appeals filed pursuant to this Subsection shall specify the alleged error
of law or fact, or new evidence which could not have been reasonably available
82
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at the time of the.. Director's decisioI.1, which shall constitute the basis of the
appeal. .. .);: ..
3. Upon receipt of a timely written notice of appeal, the Director shall advise
the Council of the pendency of the appeal and request that a date for considering
the appeal be established.
4. The Council shall have the option of directing that the appeal be heard
before a hearing examiner who shall forward a recommendation to the Council,
which shall take final action on the appeal. Referral to a hearing examiner may
be made by motion approved by a majority ofthe Council members present at the
time of voting;
5. All relevant evidence shall be received during the hearing on the appeal.
6. Unless substantial relevant information is presented which was not
considered by the Director, such decision shall be accorded substantial weight,
but may be reversed or modified by the Council if, after considering all of the
evidence in light of the applicable goals, policies and provisions of this Chapter,
the Council determines that a mistake has been made. Where substantial new
relevant information which was not considered in the making of the decision
appealed from has been presented, the Council shall make its decision only upon
the basis of the facts presented at the hearing of the appeal, or may elect to
remand the matter for reconsideration by the Director in light of the additional
information.
7. F or all appeals decided pursuant to this Subsection, the City shall provide
a record that shall consist of written findings and conclusions.
8. A service provider adversely affected by the final action of the City
denying a master permit, or by an unreasonable failure to act on a master permit
according to the procedures established by the City, may commence an action
within thirty (30) days of the decision or the expiration of any reconsideration
period, whichever is later, with a court having jurisdiction over such action. Any
action against the City for denial of a master permit or unreasonable failure to act
on a master permit shall be limited to injunctive relief.
9. No action to obtain judicial review shall be commenced unless all rights
of appeal provided by this Subsection are fully exhausted. The cost of
transcription of all records ordered certified by the court for such review shall be
borne by the party seeking such review. A copy of each transcript prepared by
such party shall be submitted to the City for confirmation of its accuracy.
.
11.14.110 - Fees and Comoensation.
.
A. Payment of Fees and Compensation to the City.
It is a significant purpose of this Chapter to ensure that the City, as far as possible,
is compensated for the rights granted and receives fair and reasonable value for use of
public rights-of-way and City property over which it exercises control, or which is held
in public trust and is compensated for expenses arising from the use of those public
rights-of-way and City property.
The fact that a fee is paid on one type of service provided over a
telecommunications system, does not excuse a carrier, operator or provider from its duty
to pay fees on other services provided over that facility as required by this Chapter.
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B. Right-of-Way License. Master Permit or Facilities Lease - Application and
Review Fee. .
The application shall be accompanied by the necessary application fee deposit as
set forth in Chapter 3.70 PAMC.
C. Use Permit Fee.
Prior to actual construction, every applicant for a right-of-way license or master
permit shall obtain a right-of-way use permit and pay the use permit fees pursuant to
Chapter 3.70 PAMC.
D. Compensation for Use of Rights-of-Way.
RCW 35.21.860 currently prohibits a municipal franchise fee for permission to
use the right of way from any person engaged in the "telephone business," as defined in
RCW 82.04.065. The City reserves the right to impose and receive a master permit fee
ofa percentage, up to the maximum allowed by law, of the grantee's gross receipts from
its business activities in the City, if this statutory prohibition is repealed, or for other
telecommunications activities not covered by the statutory prohibition. The master permit
fee shall be compensation for use of the rights-of-way and shall not be applied as credit
towards occupational fees or taxes required under P AMC 11.14.030 and Title 5 P AMC.
E. Compensation for City Property Occupancy and Use and Facility Leases.
Each facilities lease granted under this Chapter or a lease for use and occupancy
of a specific site in the right-of-way is subject to the City's right, which is expressly
reserved, to fix a fair and reasonable compensation to be paid for the rights granted to the .
lessee; provided, nothing in this Chapter shall prohibit the City and a lessee from agreeing
to the compensation to be paid. Notwithstanding any other provision in this Chapter, any
charges for use and occupancy of a specific site in the right-of-way pursuant to an
agreement between the City and a service provider of personal wireless services shall be
in accordance with RCW 35.21.860(l)(e).
The compensation for a facilities lease shall be based on the area of the property
leased and a rate determined by a professional appraiser approved by both the City and
the applicant. The applicant shall pay the cost of the appraisal. Pole attachment and
conduit, vault and other City infrastructure usage fees shall be the amounts required by
Chapter 13.14 PAMC.
Compensation for facilities leases shall be payable in advance ofthe effective date
ofthe lease and on or before January 31 of each calendar year. Any payments received
after the due date shall include interest on the amount owed of one percent (1 %) per
month, or prorated fraction thereof, compounded monthly.
F. Grantee's Costs.
Nothing in this Chapter relieves any grantee of its obligation to bear costs
associated with its operations, including but not limited to costs of moving facilities at the
direction of the City, to the extent consistent with PAMC 11.14.120P.
G.
General Rules for Payment of Fees and Compensation.
1. These general rules shall only apply in the event the franchise fee .
prohibition in RCW 35.21.860 is repealed.
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.
2. Unlessothenyise speci~edina master permit or a right-of-way license,
master permit l1~d nght-of-waylic({nse fees or compensation shall be paid to the
City monthly, and not later than twenty-five (25) days after the end ofthe month
for which the fee or compensation is owed. Any payments received after the due
date shall include interest on the amount owed of one percent (1 %) per month, or
prorated fraction thereof, compounded monthly.
3. Unless a master permit or right-of-way license provides otherwise, each
master permit or right-of-way license fee payment shall be accompanied by a
statement showing the manner in which the fee was calculated. The statement
shall be in a form approved by the City.
4. No acceptance by the City of any master permit or right-of-way license fee
shall be construed as an accord that the amount paid is in fact the correct amount,
nor shall such acceptance of such master permit or right-of-way license fee
payment be construed as a release of any claim the City may have for additional
sums payable.
5. Within ninety (90) days following the end of the calendar year, each
person which paid a master permit or right-of-way license fee based upon gross
revenues shall submit a statement, certified as true by the chief financial officer
of such person, setting forth gross revenues of the telecommunications system, by
category, and describing what revenues were included and excluded in the fee
calculation, and any adjustments made to gross revenues. If additional sums are
payable, in addition to paying any applicable penalties or damages, the person
that owes the additional fee shall pay interest on the amount owed, at the rate of
one percent (1 %) per month, or prorated fraction thereof, compounded monthly.
6. The City may, from time to time and upon reasonable advance written
notice, inspect and audit any and all books and records reasonably necessary to
the determination of whether fees have been accurately computed and paid. The
grantee must provide the books and records or copies thereof to the City or
advance the costs of travel and per diem for an employee or employees ofthe CIty
to inspect and copy such books and records at any location more than fifty (50)
miles outside the City at which such books and records are kept in the course of
business. To the extent allowed by law, the City shall treat all records provided
by the grantee for inspection and audit as confidential and proprietary information
not to be disclosed to others or used for any other purpose.
7. Notwithstanding the foregoing, in the event that a person that is obligated
to pay a fee ceases to provide service for any reason (including as a result of a
transfer), such person shall make a final payment of any amounts owed to the City
within ten (10) calendar days of the date its operations in the City cease and shall
provide a statement of gross revenues for the calendar year through the date
operations ceased, which statement shall contain the information and certification
required by PAMC 11.14.llOG5.
.
.
H. Regulatory Fees and Compensation Not a Tax.
The regulatory fees and costs provided for in this Chapter and any compensation
charged and paid for the rights-of-way and City property provided for in P AMC
11.14.110D are separate from, and additional to, any and all federal, state, local and city
taxes as may be levied, imposed or due from carriers, operators, providers, their
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customers or subscribers, or on account of the lease, sale, delivery or transmission of
telecommunications services.
Compensation for use ofthe rights-of-way, if shown on applicant's customer bills,
shall be identified as such and shall not be shown as, or combined with, other taxes.
.
11.14.120 - Conditions of Licenses. Master Permits and Leases.
A. PUl1'ose.
A significant purpose of this Chapter is to set forth certain terms and conditions
which are common to all right-of-way licenses, master permits, and facilities leases.
Except as otherwise provided in this Chapter or in such a right-of-way license, master
permit or facilities lease, the provisions of this Chapter apply to all such right-of-way
licenses, master permits and facilities leases approved or granted by the City.
B. Rules and Regulations of the City.
I. All grantees are required to provide copies of any applicable certificates
that authorize the grantee to provide telecommunications services as may be
required by federal or state law.
2. All grantees are required to cooperate with the City and with each other.
(a) Each grantee shall meet with the City, other grantees and users of
the rights-of-way annually or as determined by the City to coordinate
construction in the rights-of-way.
(b) All construction locations, activities and schedules shall be
coordinated, as ordered by the Director, to minimize public .
inconvenience, disruption or damages.
3. All grantees, before commencing any construction in the rights-of-way,
shall comply with all regulations of Chapter 19.122 RCW (One Call Locator
Service).
4. The City reserves the right to require all grantees to provide written
confirmation:
(a) sufficient for customary land survey and land title insurance
purposes concerning the location of their facilities in rights-of-way; and
(b) disclaiming any interest in rights-of-way where the grantees have
no franchise to construct or operate their facilities.
5. In addition to the inherent powers of the City to regulate and control any
right-of-way license, master permit or lease it issues and those powers expressly
reserved by the City, or agreed to and provided for in any right-of-way license,
master permit or lease, the right and power is hereby reserved by the City to
promulgate such additional regulations as it may find necessary in the exercise of
its lawful powers giving due regard to the rights of grantees.
6. Except as provided in this Chapter, the foregoing does not allow for
amendment by the City of material terms of any license, master permit or lease
it issues without the consent of the grantee.
C. Acceptance.
No right-of-way license, master permit or lease granted pursuant to the provisions .
of this Chapter shall become effective unless and until the grantee files with the City
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Clerk its written accePta.n~eof the license,~aster permit or lease in a form satisfactory
to the City Attorney, tog'ether with theoonds and insurance policies required by this
Chapter.
D. Safety Requirements.
Grantees, in accordance with applicable national, state and local safety
requirements, shall at all times employ ordinary care and shall install and maintain and
use commonly accepted methods and devices for preventing failures and accidents which
are likely to cause damage, injury or nuisance to the public. All structures and all lines,
equipment and connections in, over, under and upon the streets, sidewalks, alleys and
rights-of-way or places of a license, master permit or lease area, wherever situated or
located, shall at all times be kept and maintained in a safe, suitable condition, and in good
order and repair. If a violation of the National Electrical Safety Code or other applicable
regulation is found to exist, the City may, after discussions with the grantee, establish a
reasonable time for a grantee to make necessary repairs. If the repairs are not made within
the established time frame, the City may make the repairs itself or have them made and
collect all reasonable costs thereof from a grantee.
.
E. Insurance.
Unless otherwise provided in a license, master permit or lease agreement, each
grantee, as a condition of the license, master permit or lease, shall secure and maintain
the following liability insurance policies insuring both the grantee and the City and its
elected and appointed officers, officials, agents and employees as co-insureds. Grantees
qualified to do business with the State of Washington, as self-insureds shall also meet the
requirements listed below:
1. Comprehensive general liability insurance with limits not less than:
(a) Five million dollars ($5,000,000.00) for bodily injury or death to
each person;
(b) Five million dollars ($5,000,000.00) for property damage resulting
from anyone (a) accident; and
( c) Five million dollars ($5,000,000.00) for all other types ofliability.
2. Automobile liability for owned, non-owned and hired vehicles with a limit
of three million dollars ($3,000,000.00) for each person and three million dollars
($3,000,000.00) for each accident.
3. Worker's compensation within statutory limits and employer's liability
insurance with limits of not less than one million dollars ($1,000,000.00).
4. Comprehensive form premises-operations, explosions and collapse hazard,
underground hazard and products completed hazard with limits of not less than
three million dollars ($3,000,000.00).
5. The liability insurance policies required by this Subsection shall be
maintained by the grantee throughout the term of the license, master permit, or
lease, and such other period of time during which the grantee is operating without
a license, master permit, or lease hereunder, or is engaged in the removal of its
telecommunications facilities. Each such insurance policy shall contain the
following endorsement:
"It is hereby understood and agreed that this policy may not be canceled
nor the intention not to renew be stated until ninety (90) days after receipt
.
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by the City, by registered mail, of a written notice addressed to the
Director of such intent to cancel or not to renew." .
6. Within sixty (60) days after receipt by the City of said notice, and in no
event later than thirty (30) days prior to said cancellation or intent not to renew,
the grahtee shall obtain and furnish to the City replacement insurance policies
meeting the requirements of this Subsection.
F. General Indemnification.
No license, master permit or lease shall be deemed to be granted under this
Chapter unless it includes an indemnity clause substantially conforming to the following:
"The grantee hereby releases, covenants not to bring suit, and agrees to
indemnify, defend and hold harmless the City, its officers, employees, agents and
representatives from any and all claims, costs, judgments, awards or liability to
any person, including claims by the grantee's own employees to which the grantee
might otherwise be immune under Title 51 RCW, arising from injury or death of
any person or damage to property, of which the negligent acts or omissions ofthe
grantee, its agents, servants, officers or employees in performing under this
license, master permit, or lease are the proximate cause.
The grantee further releases, covenants not to bring suit, and agrees to indemnify,
defend, and hold harmless the City, its officers and employees from any and all claims,
costs, judgments, awards or liability to any person including claims by the grantee's own
employees, including those claims to which the grantee might otherwise have immunity
under Title 51 RCW, arising against the City solely by virtue of the City's ownership or
control of the rights-of-way or other public properties, by virtue of the grantee's exercise .
of the rights granted herein, or by virtue of the City's permitting the grantee's use of the
City's rights-of-way or other public property, based upon the City's inspection or lack of
inspection of work performed by the grantee, its agents and servants, officers or
employees in connection with work authorized on the City's property or property over
which the City has control, pursuant to this license, master permit, or lease or pursuant
to any other permit or approval issued in connection with this license, master permit, or
lease.
This covenant of indemnification shall include, but not be limited by this
reference to, claims against the City arising as a result ofthe negligent acts or omissions
ofthe grantee, its agents, servants, officers or employees in barricading, instituting trench .
safety systems, or providing other adequate warnings of any excavation, construction or
work in any public right-of-way or other public place in performance of work or services
permitted under this license, master permit, or lease".
Inspection or acceptance by the City of any work performed by the grantee at the
time of completion of construction shall not be grounds for avoidance of any of these
covenants of indemnification. Said indemnification obligations shall extend to claims
which are not reduced to a suit and any claims which may be compromised prior to the
culmination or the institution of any litigation.
In the event the grantee refuses the tender of defense in any suit or any claim, said
tender having been made pursuant to the indemnification clauses contained herein, and
said refusal is subsequently determined by a court having jurisdiction (or such other
dispute resolution entity that the parties shall agree to decide the matter), to have been a .
wrongful refusal on the part of the grantee, then the grantee shall pay all of the City's
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.
costs for defense oftheiactio~, includingallfeasonable expert witness fees and reasonable
attorneys' fees and the'i~asonable' costs '. of the City of recovering under this
indemnification clause.
The provisions of this Subsection shall survive the expiration or termination of
this license, master permit, or lease agreement. Notwithstanding any other provisions of
this Subsection, the grantee shall assume the risk of damage to its facilities located in the
City's rights-of-way, rights-of-way and easements from activities conducted by the City,
its officers, agents, employees and contractors. The grantee shall release and waive any
and all claims against the City, its officers, agents, employees or contractors for damage
to or destruction ofthe grantee's facilities caused by or arising out of activities conducted
by the City, its officers, agents, employees and contractors, in the rights-of-way,
rights-of-way and easements subject to this license, master permit or lease, except to the
extent any such damage or destruction is caused by or arises from the negligence or
willful conduct on the part of the City, its officers, agents, employees or contractors.
The grantee shall further agree to indemnify, hold harmless, and defend the City
against any claims for damages, including, but not limited to, business interruption
damages and lost profits, brought by or under users of the grantee's facilities as the result
of any interruption of service due to damage or destruction of the user's facilities caused
by or arising out of activities conducted by the City, its officers, agents, employees or
contractors, except to the extent any such damage or destruction caused by or arising
from the negligence or willful conduct on the part of the City, its officers, agents,
employees or contractors, to the extent allowed by law.
.
G. Cash DepositJPerformance Bond.
Every grantee shall be required to provide a cash deposit or performance bond to
ensure the faithful performance of its responsibilities in accordance with the requirements
of Chapter 11.08 PAMC.
H. Tree Trimming.
Upon ten (10) days' written notice provided to the Director, except in an
emergency of imminent danger to persons or property, the grantee may trim trees or other
vegetation owned by the City or encroaching upon the public right-of-way to prevent
their branches or leaves from touching or otherwise interfering with its wires. All
trimming or pruning within environmentally sensitive areas shall be subject to applicable
requirements of Chapter 15.20 P AMC "Environmentally Sensitive Areas Protection". All
trimming or pruning shall be at the sole cost ofthe grantee. The grantee may contract for
said trimming or pruning services with any person approved by the City.
.
1. Location of Facilities.
All facilities shall be constructed, installed, and located in accordance with the
following terms and conditions, unless otherwise specified in a license, master permit, or
facilities lease:
1. Wherever a grantee has existing underground duct or conduit with
capacity available, grantee shall install its telecommunications facilities within
such underground duct or conduit.
2. A grantee with permission to install overhead facilities shall install its
telecommunications facilities on pole attachments to existing utility poles only
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and then only if surplus space is available.
3. Whenever any existing electric utilities or telecommunications facilities .
are located underground within a right-of-way of the City, a grantee with
permission to occupy the same right-of-way must also locate its
teleconimunications facilities underground.
4. Whenever any new or existing electric utilities and! or telecommunications
facilities are located or relocated underground within a right-of-way of the City,
a grantee that currently occupies the same right-of-way shall, at its own expense,
relocate its facilities underground. Absent extraordinary circumstances or undue
hardship as determined by the Director, such relocation shall be made
concurrently to minimize the disruption of the rights-of-way. No extension
granted by the Director under this Subsection shall exceed a period of twelve (12)
months.
The Director may waive the requirements for location of facilities under this
Subsection, if the grantee demonstrates to the Director's satisfaction that such location
requirements are commercially unreasonable or if provisions of the grantee's tariff filed
with the Washington Utilities and Transportation Commission otherwise control.
J. Interference with City Property and the Rights-of-Way.
No grantee may locate or maintain its telecommunications facilities to
unreasonably interfere with the use of City property or the rights-of-way by the City, by
the general public or by other persons authorized to use or be present in or upon the City
property and rights-of-way. Unreasonable interference includes disruption to vehicular .
or pedestrian traffic on City property or the rights-of-way, interference with other City
utilities, and such other activities that will present a hazard to public health, safety or
welfare when alternative methods of construction would result in less disruption. All such
facilities shall be moved by the grantee, at the grantee's cost, temporarily or permanently,
as determined by the Director unless provisions of the grantee's tariff filed with the
Washington Utilities and Transportation Commission otherwise control. Ifany grantee's
tariff or if a change in the state law alters the responsibility for payment of relocation
costs, then all affected grantees shall comply therewith.
K. Damage to Property.
No grantee nor any person acting on a grantee's behalf shall take any action or
permit any action to be done which may impair or damage any City property,
rights-of-way of the City, other ways or other property, whether publicly or privately
owned, located in, on or adjacent thereto.
L. Damage to Facilities.
Unless directly and proximately caused by the willful, intentional, grossly
negligent or malicious acts of the City, the City shall not be liable for any damage to or
loss of any telecommunications facility upon City property or within the rights-of-way
of the City as a result of or in connection with any public works, public improvements,
construction, excavation, grading, filling or work of any kind on such City property or
within the rights-of-way by or on behalf of the City.
.
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.
.
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M. Maintenance of Facilities.
Each grantee shalFtnaintain its ,facilities in good and safe condition and in a
manner that complies with all applicable federal, state and local requirements.
N.
Abandonment of Facilities.
1. If the grantee abandons use of its cable, ducts or other facilities authorized
under a license, master permit, or lease, then the facilities shall be removed from
the rights-of-way or City property to the satisfaction of the City at the grantee's
cost. In lieu of removal the City may permit the improvements to be abandoned
in place in such a manner as the City may prescribe. Upon permanent
abandonment, the grantee shall submit to the City a proposal and instruments for
transferring ownership to the City.
2. Upon revocation or termination of a license, master permit or lease,
grantee shall to the satisfaction of the City and, without cost or expense to the
City, within ten (10) calendar days remove its facilities unless permitted by the
City to be left in place in such manner as the City may prescribe. If grantee
determines to remove such facilities, or any portion thereof, then grantee, at its
sole expense, shall restore the rights-of-way where disturbed by such removal
under the supervision and to the satisfaction of the City.
3. Any such facilities, which are not removed within one hundred twenty
days (120) of either such date of termination or revocation or ofthe date the City
issued a permit authorizing removal, whichever is later, shall become the property
of the City at the City's option. The grantee shall notify the City to record
facilities abandoned.
O. Emergency Removal or Relocation of Facilities.
The City retains the right and privilege to cut or move any telecommunications
facilities located within the rights-of-way or City property, as the City may determine to
be necessary, appropriate or useful in response to any public health or safety emergency
with imminent substantial harm to life or property. The City shall not be liable to any
service provider, non-service provider, or any other party for any direct, indirect or any
other such damages suffered by any person or entity of any type as a direct or indirect
result of the City's actions under this Subsection.
P.
.
Relocation of Facilities.
1. The City may require service providers or non-service providers to
relocate authorized facilities within the right-of-way when reasonably necessary
for construction, alteration, repair, or improvement of the right-of-way for the
purposes of public welfare, health, or safety. The City shall notify both service
providers and non-service providers as soon as practicable of the need for
relocation and shall specify the date by which relocation shall be completed. In
calculating the date the relocation must be completed, the City shall consult with
the affected service providers and non-service providers and consider the extent
of facilities to be relocated, the service's requirements, and the construction
sequence for the relocation, within the City's overall project construction
sequence and constraints, to safely complete the relocation. Each service provider
and non-service provider shall complete the relocation by the date specified,
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unless the City establishes a later date for completion, after a showing by the
service provider or non-service provider that the relocation cannot be completed .
by the date specified usipg best efforts in meeting safety and service
requirements.
2. A service provider may not seek reimbursement for its relocation expenses
from the City under paragraph 1 of this Subsection except as strictly provided for
in RCW 35.99.060.
3. The City may require the relocation of facilities at the service provider's
or non-service provider's expense in the event of an unforeseen emergency that
creates an immediate threat to the public safety, health, or welfare.
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.
telecommunications facilities constructed, operated and/or maintained hereunder and fails
to do so, the City may cause such to occur,and charge the grantee for the costs incurred.
S. Duty to Provide Information.
Within'thirty (30) days of a written request from the City, each grantee shall
furnish the City with information sufficient to demonstrate:
1. That grantee has complied with all requirements of this Chapter.
2. That all sales, utility and/or telecommunications taxes due the City in
connection with the telecommunications services and facilities provided by the
grantee have been properly collected and paid by the grantee.
3. All books, records, maps and other documents, maintained by the grantee
for its facilities within the rights-of-way shall be made available for inspection by
the City at reasonable times and intervals.
Nothing in this Subsection shall be construed to require a grantee to
violate state or federal law regarding subscriber privacy, nor be construed to
require a grantee to disclose proprietary or confidential information without
adequate safeguards for its confidential or proprietary nature or unless required
by State law.
.
T. Facilities Maps.
Upon request from the City to provide sufficient information for coordination of
other construction, grantee shall provide the City with copies of its construction plans.
If the construction plans do not conform with the City's guidelines for communications
facility installations, or where the grantee's actual construction deviates materially from
its submitted construction plans, as reasonably determined by the City, the grantee shall
provide the City with additional maps, including "as built" maps, showing the location
and design attributes ofits telecommunications facilities within the public rights-of-way.
The City may use or disclose such information only as allowed by law.
.
U. Assignments or Transfers of Grant.
Working control of a right-of-way license, master permit or lease may not,
directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger,
consolidation or other act of the grantee, by operation of law or otherwise, without the
prior written consent of the City, which consent shall not be unreasonably withheld or
delayed except as provided by ordinance and then only on such reasonable conditions as
may be prescribed therein.
1. The grantee and the proposed assignee or transferee of the grant or system
shall provide and certify the following information to the City not less than
forty-five (45) days prior to the proposed date of transfer:
(a) Complete information on the nature, terms and condition of the
proposed transfer or assignment.
(b) All information required of a license, master permit or lease
applicant pursuant to PAMC 11.14.100 with respect to the proposed
transferee or assignee.
(c) All deposits or charges and application fees required pursuant to
this Chapter.
2. Unless otherwise provided in a license, master permit or lease, the grantee
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shall reimburse the City for all direct and indirect costs and expenses reasonably
incurred by the City in considering a request to transfer or assign a license, master
permit or lease. No assignment or transfer shall be deemed approved until all such
costs and expenses have been paid.
3. "Any transfer or assignment of a license, master permit or lease without
prior written approval of the City under this Subsection or pursuant to a license,
master permit or lease agreement shall be void and is cause for revocation of the
grant.
V. Transactions Affecting Control of Grant.
Any transactions, which singularly or collectively result in a change of working
control of the grantee or the working control of a telecommunications system, shall be
considered an assignment or transfer requiring City approval pursuant to P AMC
11.14.100. Transactions between affiliated entities are not exempt from City approval
unless said affiliated entities are named in the initial application.
A grantee shall within ten (10) calendar days notify the City prior to any proposed
change in, transfer of, or acquisition by any other party of control of a grantee's company.
Every change, transfer, or acquisition of control of a grantee's company shall cause a
review ofthe proposed transfer. In the event the City denies its consent and such change,
transfer or acquisition of control has been effected, the City may cancel the license,
master permit or lease. Approval shall not be required for mortgaging purposes or if said
transfer is from a grantee to another person or entity controlling, controlled by, or under
common control with a grantee.
W. Revocation or Termination of Grant.
A license, master permit, or lease granted by the City to use or occupy
rights-of-way or City property may be revoked for the following reasons:
1. Construction or operation in the rights-of-way or City property without a
license, master permit, or lease grant of authorization.
2. Construction or operation at an unauthorized location.
3. Any interconnection with the telecommunications facilities of other
telecommunications carriers, operators and providers that are not properly
licensed or permitted by the City.
4. Unauthorized substantial transfer of control of grantee.
5. Unauthorized assignment of a license, franchise, master permit, or lease.
6. Unauthorized sale, assignment or transfer of a grantee's license, master
permit, or lease, assets, or a substantial interest therein.
7. Misrepresentation by or on behalf of a grantee in any application or
written or oral statement upon which the City relies in making the decision to
grant, review or amend any license, master permit, or lease pursuant to this
Chapter.
8. Abandonment of telecommunications facilities in the rights-of-way or
upon City property.
9. Failure to relocate or remove facilities as required in this Chapter.
10. Failure to pay taxes, compensation, fees or costs when and as due the City.
11. Insolvency or bankruptcy of the grantee.
12. Violation of any material provision of this Chapter.
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.
.
.
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.
13. Violation of the material terms of a license, master permit, or lease
agreement.,,;,,>\~::+:
14. Violation of any state or federal law relating to use of public rights-of-way
by service providers.
15. Violation of any applicable state or federal safety laws and standards.
16. Violation of any applicable City ordinances, construction codes,
regulations or standards.
17. Failure to cooperate with the City to ensure that facilities are installed,
maintained, repaired and removed within the right-of-way in such a manner and
at such points so as to not inconvenience the public use ofthe right-of-way or to
adversely affect the public health, safety and welfare.
18. Failure to obtain a required use permit or right-of-way construction permit
before constructing, installing, maintaining, repairing or removing identified
facilities.
.
X. Notice and Duty to Cure.
In the event that the Director believes that grounds exist for revocation of a
license, master permit or lease, he or she shall give the grantee written notice of the
apparent violation or noncompliance, providing a short and concise statement of the
nature and general facts of the violation or noncompliance, and providing the grantee a
reasonable period of time not exceeding thirty (30) days to furnish evidence:
1. That corrective action has been, or is being actively and expeditiously
pursued, to remedy the violation or noncompliance.
2. That rebuts the alleged violation or noncompliance.
3. That it would be in the public interest to impose some penalty or sanction
less than revocation.
y. Hearing.
In the event that a grantee fails to provide evidence reasonably satisfactory to the
Director as provided in P AMC 11.14.120X, the Director shall refer the apparent violation
or non-compliance to the Council for action to revoke in accordance with the provisions
ofPAMC 11.14.120Z. The City shall provide the grantee with notice and a reasonable
opportunity to be heard concerning the matter.
.
Z. Standards for Revocation or Lesser Sanctions.
If the Council determines that a grantee willfully violated or failed to comply with
any of the provisions of this Chapter or a license, franchise or lease granted under this
Chapter, or through willful misconduct or gross negligence failed to heed or comply with
any notice given the grantee by the City under the provisions of this Chapter, then the
grantee shall, at the election of the Council, forfeit all rights conferred hereunder and the
license, master permit, or lease may be revoked or annulled by the Council. The Council
may elect, in lieu of the above and without any prejudice to any of its other legal rights
and remedies, to pursue other remedies, including obtaining an order from the superior
court having jurisdiction compelling the grantee to comply with the provisions of this
Chapter and any license, master permit, or lease granted hereunder, and to recover
damages and costs incurred by the City by reason ofthe grantee's failure to comply. The
Council shall utilize the following factors in analyzing the nature, circumstances, extent
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and gravity of the violation and in making its determination:
1. Whether the misconduct was egregious. e.
2. Whether substantial harm resulted.
3. Whether the violation was intentional.
4. Whether there is a history of prior violations of the same or other
requirements.
5. Whether there is a history of overall compliance.
6. Whether the violation was voluntarily disclosed, admitted or cured.
AA. IncoIJJoration by Reference.
The provisions of this Chapter shall be incorporated by reference in any license,
master permit or lease approved hereunder. The provisions of any proposal submitted and
accepted by the City shall be incorporated by reference in the applicable license, master
permit, or lease. In the event of any conflict between the proposal, this Chapter, and the
license, master permit, or lease, the license, master permit or lease shall be the prevailing
document.
11.14.130 - Compliance.
A. Police Power.
In accepting any license, master permit or lease, the grantee acknowledges that
its rights hereunder are subject to the legitimate rights ofthe police power of the City to
adopt and enforce general ordinances necessary to protect the safety and welfare of the
public, and the grantee agrees to comply with all applicable general laws enacted by the e
City pursuant to such power.
B. City Remedies.
The City may seek legal or equitable relief to enjoin any acts or practices and
abate any condition, which constitutes or will constitute a violation of the applicable
provisions of this Chapter. Violation of the terms of this Chapter may also result in the
revocation of any license, master permit or lease, approval, or other permit issued or
granted hereunder.
C. Other Remedies.
Nothing in this Chapter shall be construed as limiting any judicial remedies that
the City may have, at law or in equity, for enforcement of this Chapter.
D. No Waiver.
The failure of the City to enforce any provision of this Chapter on any occasion
shall not operate as a waiver or estoppel of this right to enforce any provision of this
Chapter on any other occasion, nor shall the failure to enforce any prior ordinance
affecting telecommunications facilities or telecommunications system grantees act as a
waiver or estoppel against application of this Chapter or any other provision of applicable
law.
Section 2 - Severability. If any section, sentence, or phrase of this Chapter is held to be e
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
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unconstitutionality shall not affect the validity or constitutionality of any other section, sentence
or phrase of this Chapter.
Section 3 - Effective Date. This ordinance shall take effect five days following the date
of its publication by summary in the official newspaper of the City.
PASSED by the City Council of the City of Port Angeles at a regular meeting this
of ,2001.
MAYOR
ATTEST:
APPROVED AS TO FORM:
Becky 1. Upton, City Clerk
Craig D. Knutson, City Attorney
PUBLISHED:
F:\ORDINANCES&RESOLUTIONS\2001-08.ord
(By Summary) .
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ORDINANCE NO.
.
AN
ORDINANCE of the City of Port Angeles, Washington, regulating pole
attachments within the City of Port Angeles and adopting Chapter 13.14
of the Port Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN
as follows
Section 1. A new Chapter 13.14 of the Port Angeles Municipal Code is hereby adopted
to read as follows:
CHAPTER 13.14
POLE ATTACHMENTS
Sections:
13.14.010
13.14.020
13.14.030
13.14.040
13.14.050
General Provisions
Notification and Coordination.
Construction Requirements.
Pole Attachment Fees.
Indemnification and Hold Harmless.
13.14.010 - General Provisions.
The purpose of this Chapter is to ensure the safe and efficient use of overhead lines on
City-owned poles within the City's rights-of-way or public utility easements and to compensate .
the City for the use of the poles. This Chapter establishes provisions necessary to ensure
compliance with: Chapter 11.14 Telecommunications, Chapter 3.70 Revenues and Fees, Chapter
5.04 Licensing, Chapter 5.80 Taxation, Ch<;ipter 11.08 Construction or Excavation Work Within
Rights-of- Way, Chapter 11.12 Right-of- Way Use, and Chapter 17.52 Wireless
Telecommunications Towers and Facilities, Chapter 296-44 Washington Administrative Code
(W AC) and the City's standard construction practices and specifications.
This Chapter applies to all current or future electric and telecommunication system
entities that attach lines, equipment, or other devices to City-owned poles, also referred to as
"grantees" or "joint pole users".
This Chapter does not apply to joint pole users who have agreements with the City for
existing line, equipment or device attachments, which agreements precede the effective date of
this Ordinance and are not terminated by the parties. This Chapter does apply, however, to new
line, equipment or device attachments proposed after the effective date of this Ordinance.
13.14.020 - Notification and Coordination.
A. Notification required.
Each joint pole user shall give prior written notification to the Director of Public
Works and Utilities for each new pole attachment or any project that disturbs or affects
other joint pole users. The notification shall be given in a timely manner to allow for
necessary engineering and coordination by all affected joint pole users. The joint pole
user shall receive written authorization from the City before attaching to City-owned .
poles.
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B. Response to City notifications. ,..
Each joint pole user shall within ten (10) calendar days respond to City
notifications related to, but not limited to, maintenance, relocation, rearrangement,
violations or abandonment of joint pole installations.
C. Replacement or relocation of joint use poles.
Whenever it is necessary to replace or relocate a joint-use pole, the City shall give
notice thereof in writing at least thirty (30) days prior to the date on which it intends to
change such pole (except in case of emergency, when verbal notice will be given and
subsequently confirmed in writing) to the joint pole users. Each joint pole user shall
relocate facilities to the new pole within sixty (60) days at the expense of the joint pole
user as provided below. When circumstances warrant additional time to relocate, the
Director may grant such additional time as is reasonable under the circumstances.
I. Relocation of poles requiring overhead lines to be relocated overhead. If
such relocation is reasonably necessary for construction, alteration or
improvement ofthe right-of-way for purposes of public health, safety and
welfare, as required by the City, grantees may not seek reimbursement for
their relocation expenses from the City unless otherwise provided for by
law. In the event the relocation is requested by a private third-party, that
third-party shall pay the cost of relocation.
2. Relocation of facilities from overhead to underground. Ifsuch relocation
is requested by the City when reasonably necessary for construction,
alteration or improvement of the right-of-way for purposes of public
welfare, health and safety, the grantee may not seek reimbursement for its
relocation expenses from the City, unless otherwise provided by law. If
requested by a private third-party, the third-party shall pay the cost of
such relocation.
3. Discontinued use of poles. In the event of discontinued use of poles by the
City, all joint pole users may be afforded an opportunity to purchase such
poles at a fair market value, in accordance with City policy and state law.
D. City's reserved rights.
The City, as pole owner, may deny access if the attachment project will result in
adverse safety or reliability or generally accepted engineering standards not being met. Nothing
herein contained shall be construed to compel the City to maintain any of its poles for a period
longer than is necessary for its own service requirements. In the event the City wishes to
discontinue use of any such pole or poles and to remove, relocate and/or retire it or them, it shall
send a written notice to that effect to the joint pole users and the joint pole users shall remove
their attachments from such pole or poles within sixty (60) days after the sending of such notice
or within such shorter period oftime as is required in case of emergency.
E. Coordination.
Sufficient coordination, including submittal of project plans and exchange of
information, shall take place between joint pole users so that the attachment does not create a
violation of or conflict with any applicable legal requirement. All joint users shall promptly
share design specifications for their infrastructure with others upon request.
.
.
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13.14.030 - Construction Requirements.
A. Construction Permit.
1. Use permit required. Joint pole users shall apply for and obtain a use permit
in accordance with Chapter 11.08 PAMC Construction or Excavation Work
Within Rights-of-Way. Upon completion of an attachment project, the modifying
entity shall give written certification to the City that the attachment project is
complete and complies with the use permit.
2. Certification of designs. Unless excepted by the City, cabling and pole
attachment designs, specifically relating to pole strength and clearances
considering all pole attachment uses, as required by Chapter 296-44 WAC, shall
be certified by a designer and approved by the City.
3. Approval to proceed. When the application is satisfactory and approved, one
(1) copy of the plans, map, sketches, and application will be returned to the
applicant along with written approval to proceed.
4. Completion certification. Upon completion of an attachment project, the
modifying entity shall give written certification to the City that the attachment
project is complete and complies with the use permit
B. Safety.
Joint pole users, in accordance with applicable national, state and local safety
requirements, shall at all times employ ordinary care and shall install and maintain facilities and
shall use commonly accepted methods and devices to prevent failures and accidents which are
likely to cause damage, injury or nuisance to the public. Joint pole users' facilities in, over, under
and City rights-of-way or property, shall at all times be kept and maintained in a safe, suitable
condition and in good order and repair.
C. Violation of codes or standards.
In any instance where the joint pole user's facilities are installed contrary to the
Electrical Construction Code of the State of Washington or the City's standard practices and
specifications, the joint pole user shall at its sole expense, and within thirty (30) days following
written notice from the City, change, improve, or renew its installed equipment in such manner
as the City may direct. If violation of any conditions applicable to the said installation is
observed, the City reserves the right to stop construction immediately, and correction of the
violation will be made before any part of the construction is continued.
D. Guys and anchors.
The joint pole user shall, at its expense, install guys necessary to support the strain
imposed on any pole by the installation of its facilities. When existing anchors are adequate in
size and strength to support the equipment of all joint pole users, a joint pole user may attach its
guys thereto. When anchors are not of adequate size and strength, the party whose new facilities
necessitate additional anchors shall, at its own expense, install new anchors or request the owner
to replace existing anchors with anchors adequate in size and strength.
E. Responsibility for costs.
The joint pole user shall bear all costs involved in contacting any pole owned by
the City. If it is necessary for the City to do any work on poles to provide contact space, this work
will be done only as crews are available to do so in their regular work schedule. Any other
schedule will be on overtime rate at the expense of the company whose new facilities necessitate
the work.
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F.
Communications.~pace Availab!e,t9.Joint Pole Users.
1. Use of availaBle space occupied by others. Where space is available and
in compliance with the State of Washington Electrical Construction Code
and all other applicable legal requirements, joint pole users engaged in
the telecommunications utility business may be allotted contact space in
the area occupied by other joint pole users.
2. Conditions of use. All joint pole users shall operate and maintain their
communications facilities in such a condition as to avoid conflict or
interference with other joint pole users. Additions to or alterations by a
joint pole user shall be coordinated with all joint pole users. A joint pole
user may not prevent the installation, alteration or maintenance of
facilities of another joint pole user. Changes to communications facilities
on a joint use pole shall be at the expense of the party whose activities
necessitate the changes.
Maintenance and Emergency Repairs.
1. Maintenance required. Each party shall at all times maintain all of its
attachments, and perform any necessary tree-trimming or cutting
incidental thereto, and shall keep them in safe conditions and in thorough
repair.
2. Emergency work by City. In an emergency where it is necessary to clear
lines and restore electric power to the City's customers as the result of an
accident, windstorm, earth slide, or other condition where power lines,
poles, or other supporting structures are damaged, destroyed or are in
serious danger thereof, the Cityinay transfer the joint pole user's facilities
to new or other poles, or do any other work required in connection with
the joint pole user's equipment necessary to restore electric service to the
City's customers. The joint pole user shall reimburse the City for all costs
incurred in connection with such emergency work done on the grantee's
facilities.
G.
13.14.040 - Pole Attachment Fees.
On or about July 1 st of each year, the City acting in cooperation with joint pole users shall
determine the total number of grantee's pole contacts on City-owned poles as of the preceding
day.
The grantee shall pay the City an annual rental fee covering the calendar year in which
the count is made within thirty (30) days after the bill has been submitted. The grantee may
receive credit against the annual rental fee payable to the City for the total number of City pole
contacts on grantee -owned poles as of the preceding day. The annual rental rate for each pole
attachment shall be calculated as set forth in Chapter 3.70 PAMC.
The fee shall be paid within thirty (30) days after the bill has been submitted and shall
cover the calendar year in which the count is made. Applicable taxes of other jurisdictions are
not included in the City's bill.
.
13.14.050 - Indemnification and Hold Harmless.
The joint pole user shall defend, indemnify and hold harmless the City, its officers,
officials, employees and volunteers from any and all claims, injuries, damages, losses or suits,
including attorney fees, arising or issuing out of the joint use of City poles under this Chapter,
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1
except as may be caused by the negligence or willful conduct on the part of the City of Port
Angeles. .
Section 2 - Severability. If any section, sentence, or phrase of this chapter is held to be
invalid or unconstitUtional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence
or phrase of this chapter.
Section 3 - Effective Date. This ordinance shall take effect five days following the date
. of its publication by summary in the official newspaper of the City.
PASSED by the City Council of the City of Port Angeles at a regular meeting this
of ,2001.
MAYOR
ATTEST:
Becky J. Upton, City Clerk
APPROVED AS TO FORM:
Craig D. Knutson, City Attorney
.
PUBLISHED:
By Summary
F:\ORDINANCES&RESOLUTIONS\2001-II.ord:wpd
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102
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" .,.,';j~t;\,''!'~''i:'h:'Vi;:::~:
- -'r':; '~"""'<;:+rTT.~t:~\~}%
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, establishing
reasonable fees to cover the costs ofthe Planning Department and Public
Works Department associated with wireless telecommunication towers
and/or electric or telecommunications facilities and amending Ordinance
2789 as amended and Chapter 3.70 of the Port Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN
as follows:
Section 1. Ordinance 2789 as amended and Chapter 3.70 ofthe Port Angeles Municipal
Code are hereby amended by amending PAMC 3.70.070 and 3.70.110 to read as follows:
3.70.070 Planning: Department Fees. The fee for filing an application for the following
Planning permit applications and appeals shall be as follows:
A.
B.
C.
D.
.
L.
M.
N.
.
O.
P.
Q.
R.
E.
F.
G.
H.
I.
1.
K.
Annexation - $400.00
Appeals - $200.00.
Boundary Line Adjustment - $100.00
BSIP Applications
1. Preliminary - $450.00
2. Final - $200.00
3. Modifications $200.00
Comprehensive Plan Amendment - $450.00
Conditional Use Permit - $300.00
Environmental Checklist for Other than Administrative CUPs - $150.00
Environmental Checklist for Administrative CUPs - $75.00
Extension of a CUP - $50.00
Administrative CUPs - $175.00
Planned Residential Development
1. Preliminary - $450.00
2. Final - $200.00
3. Modifications - $200.00
Open Space Exemption - $50.00
Parking Variance - $225.00
Plats
1.
Preliminary Short Plats (1-5 lots) - $200.00
a. Final Short Plats - $40.00 per lot
b. Amendment to Short Plats - $75.00
Preliminary Subdivision Plats (6+ lots) - $200.00 + $10.00 per lot
a. Final Subdivision Plats - $40.00 per lot
Preliminary Binding Site Improvement Plan - $40.00 per lot.
a. Final Binding Site Improvement Plan - $40.00 per lot.
Retail Stand Right-of-Way Use - $75 per year
Rezone and Zoning Code Amendments - $450.00
SEPA appeals under PAMC 15.04.280 - $200.00
Shoreline Substantial Development Permit - $250.00
2.
3.
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S. Shoreline Permit Revision - $150.00
T. Street Vacation - $250.00
U. Temporary Use Permit
1. More than one year - $150.00
2. Dne year or less - $75.00
3 Extension or amendment of Temporary Use Permit - $75.00
V. Trailer Park Permit - $75.00
W. Variance - $225.00
X. Wetlands Permit - $200.00 (Ord. 3034 ~ 1 (part), 11/26/99; Ord. 3003 ~2,
12/25/98; Ord. 2932 ~4, 10/11/96; Ord. 2883 ~2, 9/15/95; Ord. 2789 ~15, 1/1/94)
Y. Wireless telecommunications towers and/or telecommunications facilities - $500
or $250 if co-locating on existing structure
(Ord. 3034 ~ 1 (part), 11/26/99; Ord. 3003 ~2, 12/25/98; Ord. 2932 ~4, 10/11/96; Ord. 2883 ~2,
9/15/95; Ord. 2789 ~ 15, 1/1/94)
3.70.110 - Public Works Department (Department) Fees and Deposits.
A. The fee for a permit for construction or excavation work in the City right-of-way
shall be as follows:
1. Concrete walk installation $70.00
2. Curb & gutter removal and/or replacement 145.00
3. Driveway installation 145.00
4. All other work 45.00
5. Street cut 230.00
B. Street Use Permit Fees. The application fees for a Street Use Permit and for a
renewal of such permit, when required by PAMC 11.12.120, shall be as follows:
1. Benches $30.00
2. Litter receptacles 30.00
3. Bicycle racks 30.00
4. Private planters 30.00
5. Landscaping higher than 30 inches 30.00
6. Exhibitions sponsored by or promoted by civic, charitable
or other non-profit organization 5.00
7. Sidewalk cafes 60.00
8. All other exhibitions 60.00
9. Activities not specifically mentioned 60.00
10. Ramps, steps, or any similar installation 115.00
11. Fences 115.00
12. Retaining Walls 175.00
13. Rockeries 175.00
14. The application fee for a temporary street use permit shall be sixty ($60)
dollars.
15. The application fee for a permit for obstruction of unopened streets shall be
one hundred seventy-five ($175) dollars per year.
C. Move Permit Fees. The fee schedule for building move permits shall be as
follows:
1.
Relocate a building on the same lot or parcel
(without use of public right-of-way)
$ 30.00
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""r;rr"M~~;l'~' .,~" ",f"'l1e~~~~
D.
Activities:
2. Move building from inside "City limits to outside City limits IBD
3. Move building from one"City lot to another City lot
(use City right-of-way) 115AOO
4. Move building from outside City limits to inside City limits 2lID
5. 1nspection fee 47.001hr.
Plan Review and Permit Fees for Grading, Filling, Clearing and Drainage
.
1. Grading and Filling. The permit fee for grading and filling activities shall be
as follows:
Estimated volume of grading & fill Fee
250 cubic yards or less and less than 4 feet of cut or fill $25.00
251 to 1,000 cubic yards $30.00
1,001 to 10,000 cubic yards or more 35.00
plus $15.00 for each additional 10,000 cubic yards or fraction thereof.
Additional plan review required for changes, additions or revisions to the approved plans
shall be at the rate of$30.00 per hour, provided that the minimum charge shall be $30.00. The
hourly cost to the City shall include supervision, overhead, equipment, hourly wages and fringe
benefits of the employees involved.
2. Clearing and Drainage. The permit fee shall be as follows:
.
Estimated area of clearing Fee
Less than one acre $35
One acre to five acres 60
Over five acres 12/acre.
Additional plan review required for changes, additions or revisions to the approved plans
shall be at the rate of$30 per hour or the total hourly cost to the City, whichever is the greatest,
provided that the minimum charge shall be $30. The hourly cost to the City shall include
supervision, overhead, equipment, hourly wages, and fringe benefits ofthe employees involved.
E. Construction Inspection.
1. Inspections during normal business hours $47.00h:ur
2. Inspections outside normal business hours
(the minimum charge shall be 2 hours) 47.001nr:
F. Industrial Wastewater Pretreatment Fees
1. Fees for monitoring, inspections and surveillance procedures: $ at cost
2. Fees for filing appeals: $30.00
3. Fees for reviewing accidental discharge procedures and construction: $
at cost
4. Fees for review of drawings, specifications and compliance schedules for
pretreatment facilities: $ at cost
5. Fees for issuance of industrial wastewater acceptance forms: $90.00
6. Other charges as the City may deem necessary to carry out the
requirements of Chapter 13.06 PAMC: $ at cost.
G. Water Service Connection Fees
.
1.
The new residential water service connection fee, including the meter,
shall be:
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Service Size Meter Service Connection Fee
1" 5/8" $640.00 .
1" 3/4" 670.00
1" 1" 695.00.
2. The new commercial/industrial water service connection fee, including
the meter, shall be:
1-1/2"
2"
Service Connection Fee
$1,160.00
1,740.00
2,320.00.
Service Size
1"
1-1/2"
2"
Meter
1"
3. The fee for special or emergency tum-ons or tum-offs shall be sixty dollars
($60) during regular working hours and one hundred fifteen dollars ($115) outside of regular
working hours.
4. The water quality test fee required under PAMC 13.36.080 shall be $60
plus the cost of the laboratory tests.
H. The fee for a permit for sewer connection shall be as follows:
1. Single-family houses: $95.00
2. Multiple-family dwellings, including duplexes, apartment buildings, trailer
and auto courts, motels, and similar structures: $95.00 for the first dwelling unit and $7.00 for
each additional dwelling unit. .
3. All other structures, including, but not limited to, hotels, apartment hotels,
office buildings, stores, churches, schools, hospitals, buildings accessory thereto, and
industrial/commercial structures of any kind and additions thereto: One-half cent per gross
square foot of area occupied by all floors of such structure for the first 100,000 square feet
(exclusive of areas devoted to single-family dwelling houses for multiple-dwelling structures);
and one-quarter cent per gross square foot for the remaining footage in excess of 100,000 square
feet. In addition thereto, $7.00 for each single-family or multiple dwelling unit combined
therewith; with a minimum fee of$95.00 and a maximum fee of$I,160.00.
4. The fee for additional direct connections to a public sewer shall be the
same as for an initial connection.
5. The fee for a reconnection to a public sewer using an existing side sewer
shall be the same as for an initial connection.
I. The fee for alteration or repair to existing side sewers installed and accepted under
a previous permit, other than normal clean-out or root cutting for which no permit is required,
shall be as follows:
1. Any repair of a side sewer: $35.00
2. The fee for capping side sewers shall be $260.00 and all work performed
to cap the side sewer shall be accomplished by the Department.
J. The fee for storm drain connections shall be as follows:
1. Installation of catch basins or similar interceptors: $45.00.
2. All connections other than for a catch basin: $115.00.
K. The fees for various underground utility work performed by the Department shall .
be as follows:
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107
has been deposited with the City.
4. In the event the amount of the actual deposit of an applicant is in excess .
of the amount of the administrative expenses of the City related to the action
requested. then the applicant shall be entitled to a return of any such excess
amounf.
2.. An applicant whose right-of-way license. master permit or facilities lease
application has been withdrawn. abandoned or denied shall. within sixty (60) days
of its written request. be refunded the balance of its deposit under this Section.
less:
W Fifty dollars ($50.00) non-refundable filing charge: and
Oil All other ascertainable costs and expenses incurred by the City in
connection with the application.
P. Pole attachment rate
.L Light Utility Inspection & Review Fees
a. The fee for inspection ofthe installation. alteration. extension. and
repair of electrical wiring. materials. appliances. apparatus.
devices. and equipment of services and feeders shall be as set forth
in the current edition of the State of Washington Department of
Labor and Industries fee schedule as adopted in WAC 296-46-910
as amended.
b. The fee for special permits issued pursuant to PAMC 14.05.180E
shall be $30.00.
c. The pole attachment rate shall be as follows:
Year 2001 - at pole rental rate set forth in existing pole attachment .
agreements
Year 2002 - $8.50
Year 2003 - $9.00
Year 2004 - $9.50
Year 2005 - $10.00.
Section 3 - Severability. If any provisions of this Ordinance or its applications to any
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 4 - Effective Date. This Ordinance shall take effect five days after the date of
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 , 2001.
ATTEST:
MAYOR
APPROVED AS TO FORM:
Becky J. Upton, City Clerk
Craig D. Knutson, City Attorney
.
PUBLISHED:
F:\ORDINANCES&RESOLUTIONSI200 1-13.ord. wpd
By Summary
108
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~~IIl<:'il!!~!.t~1'~jl~i'l)j~~~',
.
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, related to the
City's business license regulations and the City's public utility tax for
telecommunications businesses and amending Ordinances 2050 and 2183
as amended and Chapters 5.04 and 5.80 of the Port Angeles Municipal
Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN
as follows:
Section 1. Ordinance 2050 as amended is hereby amended by amending P AMC 5.04.020,
5.04.025, 5.04.030, 5.040.40, 5.04.050, 5.04.060, 5.04.070, 5.04.080, and 5.04.090 to read as
follows: .
5.04.020 Scope. This Title is intended to license and regulate only those types of
businesses in the City which are specifically required by this Title to obtain a business license.
(Ord. 2050 Ch. 1 ~2, 1/1/80)
.
5.04.025 Disclaimer of City Liability. Issuance of any license pursuant to this title does
not constitute the creation of a duty by the City of Port Angeles to indemnify a business licensee
for any wrongful acts against the public, or to guarantee the quality of goods, services, or
expertise of a licensee, or to otherwise shift responsibility from the licensee to the City of Port
Angeles for proper training, conduct or equipment of self or agents, even if specific regulations
require standards of training, conduct or inspection. (Ord. 2835 ~1; 9/16/94)
5.04.030 Definitions. The following definitions shall apply to all Chapters ofthis Title,
unless the context of the Chapter indicates otherwise:
A. "City" means the City of Port Angeles, an optional municipal code city operating
under the provisions of Title 35A RCW.
B. "Business lbcense" means a certificate issued by the City Clerk to a specific
person, allowing the conduct of a designated and regulated business for a definite period of time
at a specific location within the City in accordance with the provisions of this Title.
C. "Person" means any person, firm, corporation, association, partnership, venture,
society, club, association, or organization whatsoever. (Ord. 2050 Ch. 1 ~3, 1/1/80)
.
5.04.040 Application - Issuance.
A. Each applicant for a business license shall file an application with the City Clerk
in writing, containing the name of the applicant, the name of the business, the type of the business
or businesses for which the business license is sought, the address and location ofthe business,
an indication of whether the business is temporary or permanent, and any other information this
Title or the Clerk requires for processing the application. The applicant shall also tender the fee
for issuance of the business license.
B. After receipt of a completed application and the business license fee, the Clerk
shall review the application and shall, except as otherwise provided, issue or deny the business
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109
license within five working days after receipt of the completed application.
C. Nothing in this Section or any other Section of this Title shall prevent the City .
Clerk or any other authorized City official from requiring from the applicant any information
necessary to ascertain whether the applicant is, or will be, in compliance with all City ordinances
or State laws. (Ord. 2224 ~ 1, 8/2/82; Ord. 2050 Ch. 1 ~4, 1/1/80)
5.04.050 Application - Denial - Cause. The Clerk shall deny any application for a
business license where the applicant is not in compliance with all ordinances of the City and
statutes of the State as now existing or hereafter amended. If, after investigation, the Clerk finds
that the applicant has been convicted of a crime of moral turpitude or other crime which relates
to the activity for which the business license is sought or finds good reason to believe that
issuance of a business license to the applicant would be otherwise adverse to or unreasonably
jeopardize the health, welfare and safety of the citizens of the City of Port Angeles, the Clerk
may deny such application. The Clerk shall, upon denial, inform the applicant in writing of the
reason for denial and shall cite the ordinance or statute of which the application is in violation,
if applicable. (Ord. 2835 ~2, 9/16/94; Ord. 2050 Ch. 1 ~5, 1/1/80)
5.04.060 Denial- Applicant Right to Appeal. Any applicant denied a business license
by the City Clerk shall have a right of appeal to the City Council. The applicant shall, within ten
days of mailing by the Clerk of notice ofthe denial, give a notice of appeal to the City Clerk, in
writing. The Clerk shall place the applicant's appeal on the agenda of the next regularly
scheduled City Council meeting, and forthwith inform the applicant in writing, ofthe date, time
and location of the meeting. (Ord. 2050 Ch. 1 ~5(B), 1/1/80)
.
5.04.070 Denial- Hearing - Council Determination.
A. The City Council shall hold a public hearing at which the applicant may present
testimony as to his compliance with the State statutes or City ordinances with which he is alleged
not to be in conformance.
B. After the close of the public hearing, the City Council shall either grant the
business license, or sustain the denial. The City Council shall make findings offact, which shall
be incorporated in its minutes, as to the basis for its decision.
C. Any applicant denied a business license by the City Council shall have a right to
appeal to the Clallam County Superior Court. Said appeal shall be filed no later than thirty (30)
days after the decision of the City Council. (Ord. 2716, ~ 1, 10/16/92; 2050 Ch. 1 ~5(C) (D),
1/1/80)
5.04.080 Fee. For all businesses which require a business license, unless otherwise
provided by this Title, the license fee shall be as set forth in Chapter 3.70 PAMC. (Ord.2932
~ 12, 10/11/96; Ord. 2050 Ch. 1 ~6, 1/1/80)
5.04.090 Term.
A. All business licenses, unless otherwise specifically provided, shall be for a period
of one year, beginning July 1 st of each year and terminating the following June 30th. The fee for
a business license issued to a business starting after July 1st shall be prorated to the end of the
business license period, such proration to begin on the first ofthe month next following issuance
of the business license.
.
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#I~J~~?'~t'!1Ij,ll'!'J.f: ^~!~~"!f~'
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B. Any applicant who intends to cOI'!duct a business temporarily may apply for a
temporary business license fora period of one to three months, for which the fee shall be as set
forth in Chapter 3.70 PAMC.
e. Upon receipt of an affidavit attesting to the loss, theft, or destruction of an
otherwise valid license, such loss, theft or destruction not being due to the willful misconduct of
the licensee, the Clerk shall reissue a license for the duration of the license period to said licensee
upon receipt of the fee as set forth in Chapter 3.70 PAMe. (Ord. 2932 S13, 10/11/96; Ord. 2050
Ch. 1 S7, 1/1/80)
Section 2. Ordinance 2183 as amended is hereby amended by amending P AMC5.80.030
and 5.80.050 to read as follows:
.
5.80.030 Tax Levied - Telecommunications and Telephone Business.
A. From and after January 1, t9SZ2002, there is levied upon, and there shall be
collected from, every person, firm or corporation engaged in carrying on
telecommunicationstdophon~ business for hire or for sale or as a service within or partly within
the corporate limits of the City a tax for the privilege of so doing business. Such tax shall be
levied at a rate equal to 5.5% of the total gross operating revenues, as defined in this Section,
which are derived within the City.
B. For the purposes of this Section, "gross operating revenues" shall not include
charges passed on to its subscribers by a telecommunicationstekphonc company pursuant to
tariffs required by regulatory order, to compensate for the cost to the company for the tax
imposed by this Chapter. Gross operating revenue shall also not include any revenues received
from interstate tolls derived from the operations of such business within the City.
C. POI the pmposes of this Section, "telephone busine.ss" 111,ans the. business of
ploviding a(;c,ss to .110(;0.1 tdephone netwolk, 10e.a1 telephone lletwolk switching selvice, toll
Se.lv ice, cdlulal telephon, Se.lv ices, 01 coin telephone. selv ices, 01 plO v iding tekphonie, v ideo,
data, 01 5i111ilal e.Ol'll111Unication 01 tlansmission fOt hile, via a local tdopholl' netwolk, toll line
01 channd, cable, miclowave., 01 similal communication 01 tlausmission 5'ystcm. Telephone
business includcs coopelative 01 falmGI line telephone. eompanie.s 01 associations opclatillg all
exchangc. T ekphone. bU5in,ss does not include. the pi 0 v iding of eompetiti ~ e tekphone 5CI v ice,
nOt th, pI 0 v iding of cable te.k, vision 501 \1 ice. For the purposes of this chapter. the following terms
shall have the meaning ascribed herein:
(1) "Telecommunications business" means the business of providing
telecommunications service.
(2) "Telecommunications service" means the transmission for rent. sale or lease.
or in exchange for other value received. of information in electronic or optical form. including.
but not limited to voice. video or data. whether or not the transmission medium is owned by the
provider itself.
(3) "Telecommunications service" includes teleohone services. paging services.
personal wireless services and commercial mobile services but does not include cable service or
over-the-air broadcasts to . the public-at-Iarge from facilities licensed by the Federal
Communications Commission or any successor thereto.
(4) "Telephone business" means the business of providing access to a local
telephone network. local teleohone network switching service. toll service. cellular telephone
.
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services or coin telephone services. providing telephonic. video. data. or similar communications
or transmission for hire. via a local telephone network. toll line or channel. cable. microwave or .
similar communications or transmission system. It includes coooerative or farmer line telephone
companies or associations operating an exchange. It also includes personal wireless services
providers and commercial mobile services providers to the extent they provide their services via
a local telephone network. toll line or channel. cable. microwave or similar communications or
transmission system.
"Telephone business" includes interstate service. including toll service. originating
from or received on telecommunications equipment or apparatus in Washington State if the
charge for the service is billed to a person in this state.
"Telephone business" includes the provision of transmission to and from the site
of an internet provider via a local telephone network. toll line or channel. cable. microwave or
similar communications or transmission system.
"Telephone business" does not include the providing of competitive telephone
service. the providing of cable television service. or the providing of broadcast services by radio
or television stations. or the provision of internet service as defined in RCW 82.04.297. including
the reception of dial-in connection. provided at the site of the internet service provider.
(5) "Competitive telephone service" means the providing by any person of
telecommunications equioment. or apparatus. or service. related to that equipment or apparatus
such as repair or maintenance service. if the equipment or apparatus is of a type which can be
provided by persons that are not subiect to regulation as telephone companies under Title 80
RCW. and for which a separate charge is made. COrd. 2755. 3/26/93: Ord. 2720 & 1. 11/13/92:
Ord. 2651 &1. 9/13/91: Ord. 2183 &3. 1/1/82.)
D. Por the pm poses of this Scdion, ""ompetitivc tdcphon" se.rvi"e" nleans the. .
providing bi' any pelson oftdeco.lH1m:micatiol1s equipment, 01 appa.lattls, 01 sOH/ice, .Ielated to
that equipment 01 apparatus such as repair or maintenance ser v icc, ifthc cquipment 01 apparatus
is of a type whi"h "an be provided by persons that arc not subject to rcgulation as tclcphone
companies und"l Title 80 RCv{, and for whi"h a scparate "hargc is made. (Ord. 2755, 3/2G/93,
Old. 2720 S 1, 11/13/92, Ord. 2G51 S 1,9/13/91, Old. 2183 S3, 1/1/82.)
5.80.050 Deductions. In computing the tax there shall be deducted from the gross
operating revenues the following items:
A. Effective January 1.2002. the amounts of credit losses and uncollectibles actually
sustained by the taxpayer:
B.*:- Amounts derived from transactions in interstate or foreign commerce or from any
business which the City is prohibited from taxing under the Constitutions ofthe United States or
the State of Washington;
C:fr Amounts derived by the taxpayer from the City. (Ord. 2720 92, 11/13/92; Ord.
2651 92,9/13/91; Ord. 2183 95, 1/1/82.)
Section 3 - Severability. If any provisions of this Ordinance or its applications to any
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.
.
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Section 4 - Effective Date. This Ordinance shall take effect on January 1,2002.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the _ day of , 2001.
MAYOR
ATTEST:
APPROVED AS TO FORM:
Becky J. Upton, City Clerk
Craig D. Knutson, City Attorney
PUBLISHED:
F:\ORDINANCES&RESOLUTIONS\200 1-14.ord. wpd
By Summary
.
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ORDINANCE NO.
AN
ORDINANCE ofthe City of Port Angeles, Washington, related to
construction or excavation work within rights-of-way and
amending Ordinance 2166 as amended and Chapterl1.08 of the
Port Angeles Municipal Code.
.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN
as follows:
Section 1. Ordinance 2166 as amended and Chapter 11.08 of the Port Angeles Municipal
Code are hereby amended by amending PAMC 11.08.010, 11.08.020 and 11.08.050 to read as
follows:
11.08.010 Definitions. All definitions ofterms in Title 11 ofthe Port Angeles Municipal
Code and tThe following definitions shall apply to the provisions of this Chapter, unless the
context shall indicate otherwise:
A. "Applicant" means any person making application for a permit for construction
or excavation work, pursuant to the terms of this Chapter.
B. "City" means the City of Port Angeles.
C. "City Council" or "Council" means the City Council of the City.
D. "City Engineer" means the City Engineer of the City of Port Angeles.
E. "Construction" or "excavation" means the act of opening, excavating, or in any
manner disturbing or breaking the surface or foundation of any permanent pavement; the .
establishment or alteration of any established grade or street; and the maintenance or removal of
a sidewalk or crosswalk, pavement, sewers, water mains, street lighting or appurtenances thereto.
F. "Easement" means any easement granted to the City for access to or for public
utilities.
G. "Person" means any person, firm, partnership, association, corporation, company, service
G .F: "Person" means any person, firm, partnership, association, corporation, company,
service provider or non-service provider as defined under Chapter 11.14. or organization of any
kind.
H.G: "Permittee" means any person holding a permit from the City of Port Angeles for
the performance of any construction or excavation work within a right-of-way of the City.
1ft: "Right-of-way" means~ a dedicated or owned right-of-way of the City, between
th~ outel boundadcs thereof, within which may be located a street, highway, sidewalk, alley,
avenue or othcr structure used fOl pedestrian or vehicular traffic, or a utility structure or
appurtenance. A right-of-way or casement is indudcd within the definition of "Right-of-\Vay"
whcthcr such right-of-way or easemMt is GUllently used or not.
(1) A dedicated or owned right-or-way or easement or the City within the
boundaries which may be located a street. highway. sidewalk. alley. avenue or other structure
used for pedestrian or vehicular traffic or a utility structure or appurtenance. A right-of-way or
easement is included within the definition of "Right-or-Way" whether such right-or-way or
easement is currently used or not or
(2) Land acquired or dedicated for a street. highway. sidewalk. alley. avenue or .
other structure used ror pedestrian or vehicular traffic. or a utility structure or appurtenance and
114
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easements for which. under City ordinances and ot~er applicable laws. the City has authority to
grant use permits. master penriits; franchises. licenses or leases for use thereof or has regulatory
authority thereover. and which may be more specifically defined in the master permit. 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
portion ofthe City's rights-of-way for the pur:pose ofinstalling. repairing. or removing identified
facilities.
K.r. "Work" means any construction or excavation within a right-of-way ofthe City.
"Work" does not include routine maintenance or new service connection drops to customers.
unless such maintenance or service connection drops are new pole attachments or disturb the
other ioint pole users or the roadbed or in any substantial manner obstruct the flow of traffic.
(Ord. 2166 ~1, 9/1/81)
.
11.08.020 Permit - Required. It is unlawful for any person to perform any work in a City
right-of-way without first having obtained a permit therefor from the City Engineer as provided
in this Chapter. (Ord. 3018 ~1 (part), 5/14/99; Ord. 2166 ~2, 9/1/81)
A. The City may require that a service provider constructing. relocating. or placing
ducts or conduits in public rights-of-way provide the City with additional ducts or conduits and
related structures necessary to access the conduit. consistent with RCW 80.36.150.
B. Notwithstanding any other provision of this Chapter. the City may negotiate an
agreement with a service provider constructing. relocating. or placing ducts or conduits in public
rights-of-way to provide the City with additional ducts or conduits and related structures
necessary to access the conduit.
.
11.08.050 Permit - Application Processing.
A. Notwithstanding any other provision of this Chapter. the City must act on a
request for a use permit or right-of-way construction permit within thirty (30) days of receipt of
a completed application. unless the applicant consents to a different time period or the applicant
has not obtained yet a master permit required by the City.
B.1\:. The City Engineer shall examine each application to determine if it complies with
the provisions ofthis Chapter. The City Engineer shall cause to be inspected the premises which
are desired to be used, or otherwise ascertain any facts which may aid in determining whether a
permit shall be granted.
C.B: If the City Engineer finds that the application conforms to the requirements of this
Chapter, and that the proposed work will not unduly interfere with the right ofthe public in the
right-of-way, he may grant the permit.
D.€:- If an application is denied, the applicant may appeal the denial by the City
Building Official to the Director of Public Works. The director of Public Works shall review the
application, to ascertain that the denial is based upon nonconformance ofthe application with the
terms ofthis Chapter, and/or a determination that the proposed work will interfere with the rights
of the public in the right-of-way.
E.& lfthe Director of Public Works upholds the denial ofthe permit, the applicant may
appeal the Director of Public Works' denial to the City Council. The City Council shall review
the application, on the same basis as the application was reviewed by the Director of the
Department of Public Works. (Ord. 301891 (part), 5/14/99; Ord. 2166 95, 9/1/81)
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116
Section 2 - Severability. If any provisions of this Ordinance or its applications to any
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 3 - Effective Date. This Ordinance shall take effect five days after the date of
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 , 2001.
MAYOR
ATTEST:
APPROVED AS TO FORM:
Becky 1. Upton, City Clerk
Craig D. Knutson, City Attorney
PUBLISHED:
By Summary
F:\ORDINANCES&RESOLUTJONS\200 1-1 S.ord.wpd
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AN
~.
ORDINANCE NO.
ORDINANCE ofthe City of Port Angeles, Washington, r . ng
the City's right of way use regulations and amending Ordinance
2350 as amended and Chapter 11.12 of the Port Angeles Municipal
Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN
as follows:
Section 1. Ordinance 2350 as amended is hereby amended by amending PAMC
11.12.010 to read as follows:
.
11.12.010 Definitions. For the purpose of this Chapter, the following words have the
meaning designated herein unless the context indicates otherwise:
A. "City" means the City of Port Angeles.
B. "City Council" or "Council" means the City Council of the City of Port Angeles.
C. "Director of Public Works" means the Director ofthe Public Works and Utilities
Department of the City of Port Angeles or his authorized designee.
D. "Exhibition" means a display of goods or articles for a period of not less than
eleven (11) consecutive calendar days, open to the public, wherein not less than seven (7) persons
under the sponsorship of the applicant exhibit goods or articles and where any such goods or
articles are sold or offered for sale at retail or are displayed upon the public streets or rights-of-
way ofthe City. Examples of exhibitions are: Agricultural show, industrial show, sports show,
trade show, sidewalk sales, street fairs, public markets, carnivals, parades, demonstrations,
running events, and civic-sponsored events.
E. "Permit" means a "Right-of-Way Use Permit" issued by the Department of Public
Works.
F. "Planting strip" means that portion ofthe right-of-way, if any, between a street and
the adjacent sidewalk.
G. "Right -of-way" means~ th" "uti!" width bet w cell the boundar)' 1111"S of e ~ cry pkce
OfplOpClty designated as a public, tight-of-way, ~hethcI allY portion ofth" I ight-of-way is used
by the public rol chIlel pcdeshian 01 vehiculal have!.
ill A dedicated or owned right-of-way or easement of the City within the
boundaries of which may be located a street. highway. sidewalk. alley. avenue or other structure
used for pedestrian or vehicular traffic or a utility structure or appurtenance. A right-of-way or
easement is included within the definition of "Right-of-Way" whether such right-of-way or
easement is currently used or not.
ill 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 the 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 authority thereover. and which may be more specifically defined in the master
permit. license or lease granting any right to or use thereof.
ill "Rights-of- Way" for the purpose of this Chapter do not include buildings.
.
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\,'. ~,'
parks. poles. conduits or similar facilities or property owned by or leased to the City. including.
by way of example and not limitation. structures in the right-of-way such as utility poles. light .
poles and bridges. .,
H. "Sidewalk" means that portion of the right-of-way, ifany, which is designed for
pedestrian use, adjacent and parallel to a street. "Sidewalk" includes the area which would
otherwise be a planting strip, if the area is either covered with cement or is otherwise used for
pedestrian travel.
1. "Street" means that portion of the right-of-way, if any, which is used for vehicular
travel, including alleys.
J. "Unopened right-of-way" means a right-of-way which is not used for either
pedestrian or vehicular travel. COrd. 30 18 ~2 (part), 5/14/99; Ord. 3007 ~ 1 (part), 1/15/99; Ord.
2350 ~1, 7/23/85)
Section 2 - Severability. If any provisions of this Ordinance or its applications to any
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 3 - Effective Date. This Ordinance shall take effect five days after the date of
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 , 2001.
MAYOR
.
ATTEST:
APPROVED AS TO FORM:
Becky J. Upton, City Clerk
Craig D. Knutson, City Attorney
PUBLISHED:
f:\ORDINANCES&RESOLUTIONS\200 1- I 6.ord. wpd
By Summary
.
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118
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:~15~~.r.;;~~~'tt~~:'~;~:';.t1':7~"~:~,~;~':r~'w~~~:\t~\-
. ~,'f1.~i 1, .{,'. .
~c,~~,
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, regulating
wireless telecommunication towers and facilities within the City,
establishing definitions, standards, and criteria for such facilities,
amending Ordinance 1709 as amended, and amending Chapter 17.08 and
adopting Chapter 17.52 of the Port Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN
as follows:
Section 1. Ordinance 1709 as amended and Title 17 of the Port Angeles Municipal Code
are hereby amended by adopting a new Chapter 17.52 of the Port Angeles Municipal Code to
read as follows:
CHAPTER 17.52
WIRELESS TELECOMMUNICA nONS TOWERS AND FACILITIES
Sections:
17.52.010
17.52.015
17.52.020
17.52.025
17.52.030
17.52.035
17.52.040
17.52.045
17.52.050
17.52.055
17.52.060
17.52.065 .
17.52.070
17.52.075
17.52.080
17.52.085
17.52.090
17.52.095
.
Findings
Purposes
Exemptions
Development of Towers
Setbacks
Structural Requirements
Separation or Buffer Requirements
Method of Determining Tower Height
Illumination
Exterior Finish
Landscaping
Telecommunications Facilities on Towers and Antenna Support Structures
Modification of Towers
Certification and Inspections
Maintenance
Criteria for Development Modifications
Abandonment
Temporary Wireless Service Facility
17.52.010 - Findings.
A. The Communications Act of 1934 as amended by the Telecommunication Act of
1996 ("the Act") grants the Federal Communications Commission (FCC) exclusive jurisdiction
over:
.
1.
2.
The regulation of the environmental effects of radio frequency (RF)
emissions from telecommunications facilities; and
The regulation of radio signal interference among users of the RF
spectrum.
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119
B. The City's regulation of wireless telecommunications towers and facilities in the
City will not have the effect of prohibiting any person from providing wireless .
telecommunications services in violation of the Act.
17.52.015 - Purposes.
A. The general purpose of this Ordinance is to regulate the placement, construction,
and modification of wireless telecommunications towers and facilities in order to protect the
health, safety, and welfare of the public, while at the same time encouraging the development of
the competitive wireless telecommunications marketplace in the City.
B. The specific purposes of this Ordinance are:
1. To allow the location of wireless telecommunication towers and facilities
in the City;
2. To protect residential zones from potential adverse impact oftowers and
telecommunications facilities;
3. To minimize adverse visual impact of towers and telecommunications
facilities through careful design, siting, landscaping, and innovative
camouflaging techniques:
4. To promote and encourage shared use/co-location of towers and antenna
support structures as a primary option rather than construction of
additional single-use towers;
5. To promote and encourage utilization of technological designs that will
either eliminate or reduce the need for erection of new tower structures to
support antenna and telecommunications facilities;
6. To avoid potential damage to property caused by towers and .
telecommunications facilities by ensuring such structures are soundly and
carefully designed, constructed, modified, maintained, and removed when
no longer used or are determined to be structurally unsound; and
7. To ensure that towers and telecommunications facilities are compatible
with surrounding land uses.
8. To overcome the potential adverse impacts that poorly or unregulated
telecommunications facilities could have on the public health, safety and
welfare.
17.52.020 - Exemptions.
The following shall be considered exempt structures or activities under this Chapter:
A. Parabolic or other similar antenna 39.37 inches (1 meter or less) diameter or less
regardless of zone.
B. Parabolic or other similar antennas 78.74 inches (2 meters) in diameter or less
located in nonresidential zones.
C. Panel, wave, or other similar antennas 10 square feet or less regardless of zone.
D. Whip or other similar antennas 6' in height and up to 2" in diameter.
E. Antennas designed to receive local television broadcast signals regardless of zone
category.
F. Low-powered networked telecommunications facilities such as micro cell radio
transceivers located on existing utility poles and light standards within public .
right-of-way. Low-powered, networked telecommunications facilities shall
comply with Chapter 11.14 PAMC.
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.
K.
G.
Send and receive citizen band radio antennas or antennas operated by federally
licensed amateur, ("ham") radio opex:ators.
Industrial, scientific and medical equipment using frequencies regulated by the
FCC.
Military, federal, state and local government communication towers used for
navigational purposes, emergency preparedness, and public safety purposes.
Normal, routine, and emergency maintenance and repair of existing wireless
communications facilities and related equipment which do not increase the size,
footprint, or bulk of such facilities and which otherwise comply with city, state,
and federal law and regulations.
Cell on Wheels (COW), which are permitted as temporary testing uses in
nonresidential areas of the City for a period not to exceed 30 days, or in
residential areas for a period not to exceed one day, or during a period of
emergency as declared by the City.
H.
I.
1.
17.52.025 - Development of Towers.
A. Towers may be located in any zone with approval of an unclassified use permit
(UUP). Co-location shall be given first priority and may be required. The use of
public properties shall be subject to approval by the City and the City's
determination that the public's intended use of the site will not be unreasonably
hindered. Application for an unclassified use permit shall be made to the
Department of Community Development in the manner provided in this Chapter.
An application to locate a new tower shall be accompanied by technical
information id~ntifying and documenting the need for such a location per Section
17.52.025C PAMC. .
B. Towers may not exceed the maximum height allowed for structures in any
residential zone unless a modification has been approved per Section 17.52.085
P AMC. Towers shall be permitted to a height of 60 feet in commercial zones
except in the Central Business District zone where the maximum height allowed
shall be 45 feet. In industrial, public buildings and parks, and forest lands zones,
towers shall be permitted to a height of 60 feet, and towers may be permitted in
excess of 60 feet to a height of 120 feet in accordance with a modification
approved per Section 17.52.085 PAMC.
C. An application to develop a new tower shall be by unclassified use permit and
shall include the following information:
1. The name, address, and telephone number of the owner and lessee of the
parcel of land upon which the proposed tower is to be situated. If the
applicant is not the owner of the parcel ofland upon which the proposed
tower is to be situated, the written consent ofthe owner shall be evidenced
in the application. Ifthe applicant is not the owner of the property, a copy
of the preliminary lease agreement is required to be provided with the
application. A copy of the final agreement shall be submitted prior to
issuance of a building permit for the structure.
2. The legal description, parcel number, and address of the parcel of land
upon which the proposed tower is to be situated.
3. The names, addresses, and telephone numbers of all owners of other
towers or antenna support structures, capable of supporting the applicant's
.
.
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4.
5.
6.
7.
9.
122
telecommu~ications facilities, within 300 feet of the proposed tower site,
including City-owned property. .
A description of the design plan proposed by the applicant in the City.
Applicant must idep#fy whether or not it is utilizing the most compact, or
"least obtrusive, technological design, including microcell design, as part
of the design plan. The applicant must demonstrate the need for the
proposed tower and why design alternatives, such as the use ofmicrocell,
cannot be utilizeq to accomplish the provision of the applicant's
telecommunications services.
An affidavit shall be submitted attesting to the fact that the applicant made
diligent efforts to obtain permission to install or co..Jocate the proposed
telecommunication~ [acilitieson existing towers or antenna support
structures located within a one-half mile radius ofthe proposed tower site,
but, due to physical," economic, or technological constraints, no such
existing t,?wer or antenna support structure is available or feasible.
Written technical evidence from an engineer(s) of the tower's capability
of supporting additional telecommunications facilities comparable in
weight, size, and surface area to the telecommunications facilities
installed by the applicant on the proposed tower.
A written statement from an engineer(s) that the construction and
placement of the proposed tower and telecommunications facilities will
not interfere with public safety communications and the usual and
customary transmission or reception of radio, television, or other .
communications s~rvices enjoyed by adjacent residential and
non-residential properties.
It shall be a condition of the UUP approval that certification by the
applicant will meet the standards set forth in Section 17.52.035,
"Structural Requirements."
A written statement by the applicant stating the tower and
telecommunications' facilities will comply with all FAA regulations and
EIA Standards' and all other applicable federal, state and local laws and
regulations;
A written statement by the applicant that the tower will accommodate
co-location of additional antennas for future users at a reasonable, market-
based cost. If accommodation of future co-location is not proposed,
information must be submitted with the application detailing why future
co-location is not possible.
In order to assist the Department of Community Development and
Planning Commission in evaluating visual impact, the applicant shall
submit color phot<).-simulations showing the proposed site with a
photo-realistic representation of the proposed tower and
telecommunications facilities as it would appear viewed from the closest
residential propertY and from adjacent roadways.
The City may require' a qualified, independent third-party review (by a
City-approved consultant) to validate and review the technical .
information contained in the application submittals. The cost of such
review shall be borne by the applicant.
8.
10.
11.
12.
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D.
13. The Act gives the FCC sole jurisdiction of the regulation ofRF emissions
and doe~notallow the Cit)'.to condition or deny on the basis of RF
impacts"-the~pproval bf"~y telecommunications facilities (whether
mounted on towers or antenna support structures) which meet FCC
standards. In order to provide information to its citizens, the City shall
make available upon request copies of ongoing FCC information and RF
emission standards for telecommunications facilities transmitting from
towers or antenna support structures. Applicants shall be required to
submit information on the proposed power density of their proposed
telecommunications facilities and demonstrate how this meets FCC
standards.
14. At the time of site selection, the applicant shall demonstrate how the
proposed site fits into its overall telecommunications network within the
City. This shall include a service area coverage chart for the proposed
tower and telecommunications facilities that depicts the extent of
coverage and corresponding signal quality at the proposed tower height
and at least one height lower than that proposed.
15. A preliminary construction schedule and completion date.
16. Copies of any environmental documents required by any federal, state, or
local agency, if available. These shall include the environmental
assessment required by FCC Para. 1.1307, or, in the event that a FCC
environmental assessment is not required, a statement that describes the
specific factors that obviate the requirement for an environmental
assessment.
17. A full site plan shall be required for all towers, showing the location, the
specific placement of the tower on the site, the type and height of the
proposed tower, on-site land uses and zoning, adjacent land uses and
zoning, adjacent roadways, proposed means of access, setbacks from
property lines, elevation drawings ofthe proposed facility, the location of
existing structures, trees, and other significant site features, the type and
location of plant materials used to screen the facility, fencing, proposed
color(s), and any other proposed structures.
18. Applicants for new communications towers shall contact all law
enforcement, fire, and other public safety and emergency services
agencies within the City prior to application submittal to determine
whether or not the agencies are interested in co-location and, if so, what
the agencies specifications are. If any such agency decides to co-locate,
then any new towers approved under this Chapter shall be designed for,
and the owner shall not deny, co-location.
The City shall review applications in a prompt manner and all decisions shall be
made in writing and setting forth the reasons for approval or denial.
Decisions on unclassified use permits require a public hearing. The public hearing
shall be conducted before the Planning Commission following which the Planning
Commission shall render a decision supported by findings offact and conclusions
of law. Appeal of the Planning Commission's decision must be submitted within
14 days to the Department of Community Development for consideration by the
City Council.
E.
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I
17.52.030 - Setbacks.
A. Setback requirements for towers shall be measured from the base of the tower to .
the property line of the parcel of land on which it is located.
B. Setback requirements may be modified, as provided in Section 17.52.085 P AMC,
when placement of a tower in a location which will reduce the visual impact can
be accomplished. For example, adjacent to trees, which may visually hide the
tower.
C. Unless exempt from Section 17.52.020 PAMC, telecommunications facilities
shall be setback at least 25 feet from each lot line. The Community Development
Director may grant a waiver of up to 25 percent of the setback requirement if it
is determined that significant trees and other vegetation will be retained by
reducing the setback.
D. Towers in excess of 60 feet in height shall be set back one (1) additional foot per
each foot of tower height in excess of 60 feet.
17.52.035 - Structural Requirements.
It shall be a condition of the Unclassified Use Permit (UUP) that all towers must be
designed and certified by an engineer to be structurally sound and, at a minimum, in conformance
with the Building Code and any other standards set forth in this Chapter. All towers shall be
fixed to land.
17.52.040 - Separation or Buffer Requirements.
For the purpose of this section, the separation distances between towers shall be measured
by drawing or following a straight line between the base ofthe existing or approved structure and .
the proposed base, pursuant to a site plan of the proposed tower. The minimum tower separation
distances from residentially zoned land and from other towers shall be calculated and applied
irrespective of City jurisdictional boundaries.
A. Proposed towers must meet the following minimum separation requirements from
existing towers or towers which have a development permit but are not yet
constructed at the time a development permit is granted pursuant to the Zoning
Code:
1. Monopole tower structures shall be separated from other
telecommunications towers by a minimum of seven hundred and fifty
(750) feet.
2. Self-supporting lattice or guyed tower structures shall be separated from
other telecommunications towers by a minimum of fifteen hundred
(1,500) feet.
B. Tower separation distances from any property that is zoned residential shall be set
back one (1) foot for each foot of tower height.
C. Separation or buffer requirements may be modified as provided in Section
17.52.085 PAMC.
17.52.045 - Method of Determining Tower Height.
Measurement of tower height for the purpose of determining compliance with all
requirements of this Section shall include the tower structure itself, the base pad, and any other
telecommunications facilities attached thereto which extend more than twenty (20) feet over the .
top of the tower structure itself. Tower height shall be measured from average grade.
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.
17.52.050 - Illumination.
Towers shall not be artificially lighted except as specified by the Federal Aviation
Administration (FAA). Upon c6minencement of construction of a tower, in cases where there
are residential uses located within a distance from the tower which is three times the height of
the tower from the tower and when required by federal law , dual mode lighting shall be requested
from the FAA.
17.52.055 - Exterior Finish.
Towers not requiring FAA painting or marking shall have an exterior finish which
enhances compatibility with adjacent land uses, as approved by the Planning Commission.
.
17.52.060 - Landscaping/Stealth Design.
All landscaping on a parcel of land containing towers, antenna support structures, or
telecommunications facilities shall be in accordance with the applicable landscaping requirements
in the zoning district where the tower, antenna support structure, or telecommunications facilities
are located. The City may require on-site landscaping in excess of the requirements in the
Zoning Code in order to enhance compatibility with adjacent land uses. Tower development
shall preserve the pre-existing character of the site as much as possible. Towers and accessory
equipment structures (equipment shelters and cabinets) shall be integrated through location,
design, and color to blend in with the existing site characteristics to the extent practical. Existing
vegetation around the facility shall be preserved to the extent possible or improved upon to
provide vegetative screening.
The perimeter of a wireless communication support structure and any guyed
wires/anchors shall be enclosed by a fence or wall at least 6 feet in height. Evergreen trees shall
be planted surrounding the" support structure in a,manner approved by the Community
Development Director. In the RS-7 and RS-9 zones, the monopole or lattice tower must be
screened by existing vegetation when possible. Additional screening may be required to mitigate
visual impacts to adjacent properties or public rights-of-way as determined by site-specific
conditions.
.
17.52.065 - Telecommunications Facilities on Towers and Antenna Support Structures.
Telecommunications Facilities may be permitted on any tower or antenna support
structure. Application for a conditional use permit shall be made to the Department of
Community Development in the manner provided in this chapter for telecommunications
facilities that are not exempt per Section 17.52.020 P AMC. The applicant shall, by written
certification to the Department of Community Development, establish the following at the time
plans are submitted for a building permit:
A. A conditional use permit application to develop telecommunications facilities
shall include the following:
1. The name, address, and telephone number ofthe owner and lessee of the
parcel of land upon which the tower or antenna support structure is
situated. Ifthe applicant is not the owner ofthe parcel ofland upon which
the tower or antenna support structure is situated, the written consent of
the owner shall be evidenced in the application.
2. The legal description, parcel number, and address of the parcel of land
upon which the tower or antenna support structure is situated.
3. A description of the design plan proposed by the applicant. The applicant
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must identify wheth~r or not it is utilizing the most compact, or least
obtrusive, technological design, including microcell design, as part of the .
design plan.
4. A written statement from an engineer(s) that the construction and
placement of the telecommunications facilities will not interfere with
public safety communications and the usual and customary transmission
or reception of radio, television, or other communications services
enjoyed by adjacent residential and non-residential properties.
5. It shall be a condition of any conditional use permit approval that the
applicant shall provide certification that the proposed structure will meet
the standards set forth in Section 17.52.035 PAMC.
6. A written statemeIlt by the applicant stating the telecommunications
facilities will comply with all FAA regulations and EIA Standards and all
other applicable federal, state and local laws and regulations.
7. In order to assist the Department of Community Development and
Planning Commission in evaluating visual impact, the applicant shall
submit color photo-simulations showing the tower or antenna support
structure with a photo-realistic representation of the proposed
telecommunications facilities, as it would appear viewed from the closest
residential property and from adjacent roadways.
8. At the request of the pepartment of Community Development, the City
may require a qualified, independent third-party review (by a
City-approved consultant) to validate and review the technical
information contained in the application submittals. The cost of such .
review shall be borne by the applicant.
9. The Act gives the FCC sole jurisdiction of the regulation ofRF emissions
and does not allow the City to condition or deny on the basis of RF
Impacts the approval of any telecommunications facilities (whether
mounted on towers or antenna support structures) which meet FCC
standards. In order to provide information to its citizens, the City shall
make available upqn request copies of ongoing FCC information and RF
emission standard~ for telecommunications facilities transmitting from
towers or antenna support structures. Applicants shall be required to
submit information on the proposed power density of their proposed
telecommunications facilities and demonstrate how this meets FCC
standards.
10. A preliminary construction schedule and completion date.
11. Copies of any environmental documents required by any federal agency,
if available. These shall include the environmental assessment required
by FCC Para. 1.1307, or, in the event that a FCC environmental
assessment is not required, a statement that describes the specific factors
that obviate the requirement for an environmental assessment.
12. A full site plan shall be required for all sites, showing the location, the
specific placement, type and height of the proposed telecommunications
facilities, on-site land uses and zoning, adjacent land uses and zoning, .
adjacent roadways, proposed means of access, setbacks from property
lines, elevation drawings of the proposed telecommunications facilities,
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B.
the location of eXlstmg towers and antenna support structures, trees, and
other significant site features, the type and location of plant materials used
to screehthe'facility, fencing;'proposed color(s), and any other proposed
structures.
Telecorinnunications facilities that are not appurtenant structures and that are
located above the top of the antenna support structure shall be appropriately
screened from view through the use of panels, walls, fences, setbacks from the
edge of the antenna support structure or other screening techniques approved by
the City. Screening requirements shall not apply to stealth antennas that are
mounted below the top ofthe antenna support structure but which do not protrude
more than eighteen (18) inches from the side of such an antenna support structure.
.
.
17.52.070 - Modification of Existing Towers.'
A. A tower existing prior to the effective date of this Ordinance, which was in
compliance with the City's zoning regulations immediately prior to the effective
date of this Ordinance, may continue in existence as a nonconforming structure.
Such nonconforming structures may be modified or demolished and rebuilt
without complying with any of the additional requirements ofthis Chapter, except
for Sections 17.52.040, 17.52.075, and 17.52.080 PAMC, provided that:
1. The tower is being modified or demolished and rebuilt for the sole
purpose of accommodating, within six (6) months ofthe completion of the
modification or rebuild, additional telecommunications facilities
comparable in size to the discrete operating telecommunications facilities
of any person currently installed on the tower and with a surface area not
to exceed the previous facilities,.
2. An application for a development permit is made to the Department of
Community Development which shall have the authority to issue a
development permit without further approval. The grant of a development
permit pursuant to this Section allowing the modification or demolition
and rebuild of an existing nonconforming tower shall not be considered
a determination that the modified or demolished and rebuilt tower is
conforming.
3. The height of the modified or rebuilt tower and telecommunications
facilities attached thereto does not exceed the existing height ofthe tower
and facilities as of the date of this Ordinance or as hereafter amended,
whichever is higher.
B. Except as provided in this Section, a nonconforming structure or use may not be
enlarged, increased in size, or discontinued in use for a period of more than one
hundred eighty (180) days without being brought into compliance with this
Chapter. This Chapter shall not be interpreted to legalize any structure or use
existing at the time this Ordinance is adopted which structure or use is in violation
of the Zoning Code prior to enactment of this Ordinance.
.
17.52.075 - Certification and Insoections.
A. All towers shall be certified by an engineer to be structurally sound and in
conformance with the requirements' of the Building Code ....and all other
construction standards set forth by the Port Angeles Municipal Code and federal
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B.
and state law. For new towers, such certification shall be submitted with an
application pursuant to Section "Development of Towers" of this Chapter. .
The City or its agents shal~ have authority to enter onto the property upon which
a tower is located, to inspeG! the tower for the purpose of determining whether it
complies with the Building Code and all other construction standards provided by
the Port Angeles Municip'ill Code and federal and state law.
The City reserves the right to conduct such inspections at any time, upon
reasonable notice to the tower owner.
C.
17.52.080 - Maintenance.
A. Tower owners shall at all times employ ordinary and reasonable care and shall
install and maintain in use' nothing less than commonly accepted methods and
devices for preventing failures and accidents which are likely to cause damage,
injuries, or nuisances to the public.
B. Tower owners shall install and maintain towers, telecommunications facilities,
wires, cables, fixtures, and other equipment in substantial compliance with the
requirements of the National Electric Safety Code and all FCC, state, and local
regulations, and in such manner that will not interfere with the use of other
property .
C. All towers, telecommunications facilities, and antenna support structures shall at
all times be kept and maintained in good condition, order, and repair so that the
same shall not menace or endanger the life or property of any person.
D. All maintenance or construction of towers, telecommunications facilities, or
antenna support structures shall be performed by licensed construction personnel. .
E. All towers shall maintain compliance with current RF emission standards of the
FCC.
F. In the event that the use ofa tower is discontinued by the tower owner, the tower
owner shall provide written notice to the City of its intent to discontinue use and
the date when the use shall be discontinued.
17.52.085 - Modification of Development Standards.
A. Notwithstanding the towerrequirements provided in this Chapter, a modification
to the development standards may be approved by the Planning Commission as
an unclassified use in accordance with the following:
1. In addition to the requirement for a tower application, the application for
modification shall include the following:
(a) A descripti(jn of how the proposed plan addresses any adverse
impact that might occur as a result of approving the modification.
(b) A description of off-site or on-site factors which mitigate any
adverse impacts which might occur as a result of the proposed
modification:
(c) A technical study that documents and supports the criteria
submitted by the applicant upon which the request for
modification is based. The technical study shall be certified by an
engineer and shall document the existence of the facts related to
the proposed modifications and its relationship to surrounding .
rights-of-way and properties.
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B.
(d) For amI cation of the setback requirement, the application
shall identify all parcels of land where the proposed tower could
\;be,located, attempts,by the applicant to contract and negotiate an
agreement for co-location, and the result of such attempts.
{e) The Department of Community Development may require the
application to be reviewed by a qualified, independent engineer
under contract to the City to determine whether the antenna study
supports the basis for the modification requested. The cost of
review by the engineer shall be reimbursed to the City by the
applicant.
2. The Planning Commission shall consider the application for modification
based on the following criteria:
(a) That the tower as modified will be compatible with and not
adversely impact public health and safety of surrounding areas.
(b) Off-site or on-site conditions exist which mitigate the adverse
impacts, if any, created by the modification.
(c) In addition, the Planning Commission may include conditions on
the site where the tower is to be located if such conditions are
necessary to mitigate any adverse impacts which arise in
connection with the approval of the modification.
In addition to the requirements of subparagraph (A) of this Section, in the
following cases, the applicant must also demonstrate, with written evidence, the
following:
1. In the case of a requested modification to the setback requirement, Section
17.52.030 PAMC, that the setback requirement cannot be met on the
parcel of land upon which the tower is proposed to be located and the
alternative for the applicant is to locate the tower at another site which is
closer in proximity to a residentially zoned land.
2. In the case of a request for modification of the separation and buffer
requirements of Section 17.52.040 P AMC, that written technical evidence
from an engineer( s) demonstrates that the proposed tower must be located
at the proposed site in order to meet the coverage requirements of the
applicant's wireless communications system, and that the applicant is
willing to create approved landscaping and other buffers to screen the
tower.
3. In the case of a request for modification of the height limit for towers or
to the minimum height requirements for antenna support structures, that
the modification is necessary to: (i) facilitate co-location of
telecommunications facilities in order to avoid construction of a new
tower; or (ii) to meet the coverage requirements ofthe applicant's wireless
communications system, which requirements must be documented with
written, technical evidence from an engineer( s) that demonstrates that the
height of the proposed tower is the minimum height required to function
satisfactorily, and no tower that is taller than 120 feet shall be approved
In any case.
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~
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.\
138
.
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"<~" :-\',~ ,'~,;\:'..
WASHINGTON, U.S.A.
CITY COUNCIL MEMO
DATE:
June 18,2001
MAYOR DOYLE AND CITY COUNCIL
To:
FROM:
Glenn A. Cutler, Director of Public Works and Utilities
SUBJECT:
PUD Electric Franchise Ordinance
Summary: The franchise agreement with Clallam County Public Utility District No. I (District)
for their electric facilities located within the City limits of Port Angeles has expired. A franchise
ordinance has been prepared and presented to the District for their review and acceptance. On
June 4, 2001, the District's commissioners formally accepted the franchise.
Recommendation: Adopt the attached ordinance granting the Clallam County Public
Utility District No. 1 a franchise to operate and maintain infrastructure for the sole
ur ose of transmission and distribution of electric ener .
Backl!round/Analvsis: On November 24, 1948, the City granted the District a fifty (50) year
right to construct, maintain and operate an electric transmission system within a specific
geographical area of the City. On November 13,2000, Staff informed the Utility Advisory
Committee that the franchise agreement expired and about the need to renew the franchise.
On December 29,2000, Staff shared a proposed franchise ordinance with the District. On
January 17,2001, Staff met with representatives ofthe District and received comments on
several franchise provisions. On February 21,2001, another meeting with the District was held
and additional comments were received. On March 7, 2001, the District provided written
comments. On April 17, 2001, the District provided a letter of intent to accept the franchise,
subject to confirming the proposed insurance provision was acceptable with their insurance
administrator. On April 20, 2001, the District proposed changes to the City's draft insurance
requirements that are acceptable to the City Attorney.
On May 7,2001, the Utility Advisory Committee recommended that City Council adopt an
ordinance granting the Clallam County Public Utility District No. 1 a franchise to operate and
maintain infrastructure for the sole purpose of transmission and distribution of electric energy.
On June 4,2001, the District's commissioners accepted the terms of the franchise. Staffhas
carefully considered all of the District's comments and revised several provisions of the
proposed franchise ordinance.
N:\PWKSILIGH'I\POWMlPUDFRAN3.DOC
139
.. =, 200f
2431 East Highway 101 (360) 452-9771
Post Office Box 1 090 FAX 452-9338
Port Angeles, WA 98362 www clallampud net
Willi,m ~,~:;;~O~i;~i't No 1 ..
Hugh Haffner, District NO.2
Ted Simpson, District No.3
Michael Mcinnes, General Manager
June 7, 2001
Mr. Glenn Cutler
Director of Public Works & Utilities
City of Port Angeles
P.O. Box 1150
Port Angeles, W A 98362
RE: FRANCHISE ORDINANCE
Dear Glenn:
On June 4, 2001, the PUD Commissioners accepted the terms of the franchise ordinance
as drafted for the PUD and delivered bye-mail on May 15, 2001, with a caveat as to
Section 11, Insurance.
It has been brought to the City's attention several times previously that the PUD belongs
to a self-insurance pool comprised ofPUDs from across the state. We expect to comply
with the intent of Section 11; however, we are not certain that we can comply with
specific wording. As a single member of the insurance group, we are not able to change
fund policy or coverages unilaterally.
.
'~
-.------
The draft we received on May 15 includes a date in Section 18, Acceptance of Franchise,
that has now passed. This Section would need to be updated.
Piease clarify what form of franchise acceptance is agreeable to the City.
Sincerely,
--J1dt
Michael McInnes
General Manager
MM:cb
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140
..-'{~j;~'~~;~~~g~#J~~1:~,;;.~'j? .', ; :;,;~'! "r~tt~:;,::~i:J;3:'~~f'~~~;~;:i
.
ORDINANCE NO.
AN
ORDINANCE ofthe City of Port Angeles, Washington, granting
the Public Utility District No.1 ofClallam County, Washington,
the non-exclusive right, privilege, authority, and franchise to own,
operate and maintain facilities on any street in the City for the sole
purpose of transmission and distribution of electric energy and
repealing Ordinance No. 1200.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY
ORDAIN as follows:
Section 1 - Specific Grant.
There is hereby granted, subject to the District's acceptance of the terms of this
franchise. as provided herein, for a term as described below, unless otherwise terminated as
provided for herein, to the District, its successors and assigns, the non-exclusive right, privilege,
.
and authority to own, operate and maintain an overhead or underground electric transmission and
distribution system, along and across portions of the franchise area. This franchise is conditioned
upon the terms and conditions contained herein and the District's compliance with any federal
or state regulatory agencies with jurisdiction over the District. By granting this franchise, the
City is not assuming any risks or liabilities by way of District activities therefrom, which shall
be solely and separately borne by the District.
The City is specifically granting the District authority to operate and maintain its
existing facilities. No retail customers within the City limits may be served without obtaining
the City's permission. No facilities within the City limits may be enlarged, improved, or
expanded without obtaining the City's permission, which can not be unreasonably denied,
pursuant to applicable ordinances, codes, resolutions, agreements, standards, and procedures that
.
may require an amendment to this franchise. The District agrees to obtain all lawfully required
City, state or federal permits, consents, or franchises or other required authorizations in the event
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141
the District seeks to provide or to allow others to use its electric transmission and distribution
facilities for purposes not authorized by this grant.
Section '2 - Definitions. Where used in this franchise (the "franchise") the
following terms shall have the following meanings:
"District" means the Public Utility District No.1 ofClallam County, Washington,
and its successors and assigns.
"City" means the City of Port Angeles, Washington, and its successors and
assIgns.
"City Manager" means the City Manager of Port Angeles or hislher designee.
"Electric transmission and distribution services" includes and is limited to the
transmission and distribution of electric power across the Di~trict's electric facilities and use of
wireless communications facilities to be utilized solely by the District in the operation of its
electrical system. The definition of electric transmission and distribution services, by way of
example, does not include retail electric services, water or sewer services, placement of
telecommunications infrastructure or use of District structures to locate communications
facilities.
"Force majeure" shall mean delays due to acts of God, war, civil disturbances, fire,
unavoidable casualty, construction delays due to weather, failure of supplier(s), labor dispute,
or for other similar causes beyond the control of the District.
"Franchise area" means all of the roads, streets, avenues, alleys, highways, and
public ways of the City as now, and as may hereafter be, laid out, platted, dedicated, or improved
within the present limits of the City and as such limits may be hereafter extended.
"Facilities" means substations, poles (with or without cross arms), electric
transmission and distribution wires, lines, conduits, cables, braces, guys, anchors, vaults, meters,
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.
.
.
~~;j':~~~~~~~~r-#j~Xt~",:" / :,".':"'~~~~;!f;'~~~~~t
.
and all necessary or convenient facilities and appurtenances thereto, whether the same be located
overhead or underground.
"OrdinaI1ce" means this Ordinance No. Xxxx, which sets forth the terms and
conditions of this franchise.
Section 3 - Franchise Term. The term of this franchise shall commence on
February 20, 2001 and shall extend for a period of five (5) years. The District may obtain up to
five (5) automatic extensions of the term of this fr~mchise for additional five (5) year periods, not
to exceed a maximum term of twenty-five (25) years, if the District is in substantial compliance
with the material terms and conditions ofthis franchise as affirmatively determined by the City
Manager and evidenced in the City Manager's written report to the City Council.
Section 4 - Right-of-Way Construction. Use. Maintenance and Operation.
In furtherance of the public interest in safety, health and public welfare and to
facilitate the safe management of public rights-of-way, the maintenance and operation of the
District's electric transmission and distribution facilities and property shall be subject to all
generally applicable City requirements and ordinances as now or hereafter amended. Nothing
in this franchise shall be deemed to impose any duty or obligation upon the City to determine the
adequacy or sufficiency of the District's plans and designs or to ascertain whether the District's
proposed or actual construction, testing, maintenance, repairs, replacement, or removal is in
conformance with the plans and specifications reviewed by the City. The District shall be solely
and completely responsible for workplace safety and safe working practices on its job sites within
the franchise area, including safety of all persons and property during the performance of any
work therein.
.
.
The District shall continuously be a member of the State of Washington "One
Call" system, or approved equivalent, and shall comply with applicable notification and response
- 3 -
143
requirements.
In consideration of existing agreements and the City allowing the District to use .
the franchise area for its utility poles, the City shall have the right to maintain existing facilities
and attach new City facilities to the District's utility poles as herein described. The City may, at
no charge, upon obtaining the District's permission, which cannot be unreasonably denied, attach
to District owned utility poles City aerial facilities (not including telecommunications. The City
reserves the right to lay and permit to be laid, sewer, gas, water, telecommunications, electric,
and other pipe lines or cables and conduits, and do and permit to be done, any underground and
overhead work, and any attachment, restructuring, or changes in aerial facilities that may be
deemed necessary or proper by the City Manager in, across, along, over, or under any public
street, alley, or right-of-way occupied by the District, within the City limits.
The City may apply for a pole contact agreement with the District for attachment
of City telecommunications facilities on District utility poles. .
The District may, at no charge, upon obtaining the City's permission, which
cannot be unreasonably denied, attach to City owned utility poles and lay and permit to be laid,
electric cables and conduits, and do and permit to be done, any underground and overhead work,
and any attachment, restructuring, or changes in aerial facilities that may be deemed necessary
or proper by the District in, across, along, over, or under any public street, alley, or right-of-way
occupied by the City, within the City limits.
The City and the District recognize that joint use of utility poles currently exists
and that it is not the intent to require requesting permission of either party for those joint use
areas.
In the event that, during the term of this franchise, the City authorizes abutting
landowners to occupy space under the surface of any public street, alley, or right-of-way, such .
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~~'f'~:~;~~~'-":' y-:;;fj~':'l;rJ)\7q~~~l:,'"
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grant to an abutting landowner shall be subject to the rights herein granted to the District. In the
event that the City shall close or abandon any public street, alley, or right-of-way, which contains
any portion of the District's electric transmission and distribution facilities, any conveyance of
land contained in such closed or abandoned public street, alley, or right-of-way shall be subject
to the rights herein granted. The City is required to grant an easement to the District prior to
conveyance.
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During the term of this franchise, the District shall be liable for the acts or
omissions of any entity used by the District (including an affiliate), when such entity is involved
directly or indirectly in the operation and maintenance of the District's electric transmission and
distribution facilities to the same extent as if the acts or omissions of such entity were the acts
or omissions of the District.
Within ninety (90) days following written notice from the City, or within a longer
period if authorized by the City, the District shall, at its own expense, except where District has
an underlying easement, temporarily or permanently remove, relocate, change, or alter the
position of any of its electric transmission and distribution facilities or other of its facilities that
are within the franchise areas, whenever the City shall have determined that such removal,
relocation, change, or alteration is reasonably necessary. In the event of removal of all or a
portion of its facilities, the District shall restore the franchised property area as nearly as possible
to the condition that existed prior to installation of the District's facilities. Such property
restoration work shall be done at the District's sole cost and expense and to the City's
satisfaction. If the District is required to remove facilities and to restore the premises and fails
to do so, the City may, after reasonable notice to the District, remove the facilities, restore the
premises, or take such other action as is reasonably necessary at the District's expense and the
City shall not be liable therefore. This remedy shall not be deemed to be exclusive and shall not
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prevent the City from seeking a judicial order directing that the facilities be removed.
Nothing in this franchise shall authorize the District to attach any part of its
electric transmission arid distribution facilities to any City property or facilities or to use any
City-owned conduits or facilities until the District has obtained all required agreements, permits,
and licenses from the City, for such rights of attachment or use. None of the rights granted herein
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shall restrict the City's ability or jurisdiction over its property, streets, or rights-of-way.
Section 5 - Underground Installation of Distribution Facilities.
In connection with City improvement of the franchise area, the City may by
written notice to the District, request District to underground its existing distribution facilities
(of 15,000 volts or less) within the franchise area improved by the City.
If the District elects to install new overhead distribution facilities (of 15,000 volts
or less) within the franchise area or a new extension of existing overhead distribution facilities
within the franchise area, the District shall apply for a City right-of-way construction permit. The .
City may by written notice to the District request the District to install such facilities
underground within the franchise area.
Section 6 - Safety Requirements.
The District, in accordance with applicable national, state and local safety
requirements, shall at all times employ ordinary care and shall install and maintain and use
commonly accepted methods and devices for preventing failures and accidents which are likely
to cause damage, injury, or nuisance to the public. All structures and all lines, equipment and
connections in, over, under and upon the streets, sidewalks, alleys, and public ways or places of
a license, master permit, or lease area, wherever situated or located, shall at all times be kept and
maintained in a safe, suitable condition, and in good order and repair. If a violation of the
National Electrical Safety Code or other applicable regulation is found to exist, the City may, .
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after discussion with the District, establish a reasonable time for the District to make necessary
repairs. If the repairs are not made within the established time frame, the City may make the
repairs itself or have them made and collect all reasonable costs thereof from the District.
Section 7 - Annexation.
Annexation of unincorporated areas within the City's urban growth area, including
City consideration of acquisition of District electric transmission and distribution facilities, shall
comply with Chapter 35A.14 RCW, Annexation by Code Cities, this franchise, and the Electrical
Service Area Agreement between the City and the District, which by this reference incorporated
as part of this franchise.
Section 8 - Compensation to the City.
To the extent consistent with federal and state law, the compensation set forth in
this Section shall be limited to all special assessments and taxes of whatever nature, including,
but not limited to, ad valorem taxes, utility taxes, street cut permits, and assessments for recovery
of costs incurred by the City such as those directly related to preparing, receiving, and approving
this franchise, reviewing and approving requests to assign or transfer this franchise, construction
permits, inspecting plans and construction, arid environmental review documents pursuant to
Chapter 43.21C RCW.
District payment of compensation under this Section shall not in any way limit
or impair any ofthe privileges orregulatory, annexation, condemnation, police PQwers, or taxing
rights of the City, whether under this franchise or otherwise. City acceptance of any
compensation shall not.be construed as an accord that the amount paid is the correct amount, nor
shall such acceptance be construed as a release of any claim which the City may have for
additional sums payable under the provisions of this Section.
RCW 35.21.860 currently prohibits a municipal franchise fee for permission to
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use the right of way from any person engaged in the II light and power business, II as defined in
RCW 82.16.010. The City reserves the right to amend this franchise to impose and receive a
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franchise fee ofa percentage, up to the maximum allowed by law, of the District's gross receipts
from its business activities in the City, if the statutory prohibition is repealed or for other light
and power activities not covered by the statutory prohibition. It is acknowledged that the District
has paid an occupation license tax and will continue to do so as required.
Section 9 - Accounts. Records and Reports.
The City Manager or designee may, at any time, make written inquiries pertaining
to the District's performance of the terms and conditions of this franchise. The District shall
respond to such inquiries on a timely basis. Upon written request by the City Manager, as soon
as reasonably available but no later than thirty (30) days from such request, the District shall
provide, at City expense and as allowed by law, the City access or copies of customer addresses
within the franchise area and records as to all matters in connection with or affecting the
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expansion, reconstruction, removal, maintenance, operation, and repair ofthe District's electric
transmission and distribution facilities in the franchise area. The City shall extend the time for
provision of such information upon a reasonable showing by the District that such extension is
justified.
The District shall keep complete and accurate books of accounts and records of
its business and operations pursuant to this franchise in accordance with generally accepted
accounting principles.
Upon the City Manager's thirty (30) day written request, the District shall make
available to the City, at City expense and to the extent allowed by law, its books and records to
examine, audit, review, and/or obtain copies of the papers, books, accounts, documents, maps,
plans, and other records of the District pertaining to all revenue derived by the District from the.
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operation of the electric transmission and distribution facilities to provide electric transmission
services in order to verify the accuracy of payments. The District shall fully cooperate in making
available its records and otherwise assisting in these activities. The City shall extend the time
for the provision of such information upon a reasonable showing by the District that such
extension is justified.
The City will maintain confidentiality of information provided by the District to
the extent permitted by law when the District has notified the City of the confidential nature of
the information.
Section 10 - Sanctions.
If the City has reason to believe that the District is in violation of this franchise,
after informal and cooperative efforts have failed, the City Manager shall notify the District in
writing of the violation, setting forth the nature of such violation. Within thirty (30) days of
receipt of such notice, or such longer period specified by the City Manager, the District shall
respond in writing that the violation has been cured, provide a cure plan or schedule that satisfies
the City Manager, or provide an explanation in refutation or excuse with documentation to
support that an alleged violation did not occur or should be excused.
The District shall be allowed thirty (30) days to cure violations after written notice
is received from the City, by taking appropriate steps to comply with the terms of this franchise
ordinance and any lawful regulations. If the nature ofthe violation is such that it cannot be fully
cured within 30 days due to circumstances not under the District's control, the period of time in
which the District must cure the violation shall be extended by the City Manager in writing for
such additional time reasonably necessary to complete the cure, provided that (i) the District shall
have promptly commenced to cure and (ii) the District is diligently pursuing its efforts to cure
in the City Manager's reasonable judgment.
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lfthe violation has not been cured within the time allowed above, the District shall
be liable for liquidated damages for the following violations and in the following amounts:
1. Fai1ure to promptly provide data, documents, reports, , insurance, or
information to the City, in accordance with this franchise: two hundred
($200) dollars per day for each day such failure continues.
2. Failure to comply with lawful City requirements, including but not limited
to: Revenue and Finance, Title 3 P AMC; Business Licensing and
Regulation, Title 5 P AMC; Streets and Sidewalks, Title 11 P AMC; and
Public Utilities, Title 13 P AMC, as now or hereafter amended, in
accordance with this franchise: two hundred ($200) dollars per day for each
day such failure continues.
Failure to comply with lawful City requirements concerning payment of
compensation in accordance with this franchise: two hundred ($200) dollars
3.
per day for each day such failure continues.
4. Failure to comply with agreements referenced and incorporated into this
franchise: two hundred ($200) dollars per day for each day such failure
continues.
5. Failure to comply with all other lawful City requirements incorporated into
this franchise: two hundred ($200) dollars per day for each day such failure
continues.
The District agrees that each ofthe foregoing failures shall result in injuries to the
City and its citizens, the compensation for which would be difficult to ascertain and to prove.
Accordingly, the District agrees that the foregoing amounts are liquidated damages, not a penalty
or forfeiture. Notwithstanding any other provision ofthis franchise, upon the District's request,
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~~,,~I;,;~'j~;~~!1,~~ ,,(.f!i'~} (:I,,:};:'; _' ';;" :.~ ~''':,~':''''':'!9!<q}'}\1'.'?~:>r';;.'v
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the District shall be afforded an opportunity to show that a violation has not occurred, and the
City Manager may not act until the administrative hearing, as provided for herein, is concluded
and a determination has been made on whether a violation has occurred. This opportunity shall
consist of an administrative hearing upon thirty (30) days' notice before an impartial hearing
examiner jointly designated by the City and the District within thirty (30) days of the District's
request.
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If, as a result ofthe administrative hearing, the hearing examiner determines that
a violation has not occurred, the City shall pay all of the expenses related to the administrative
hearing. If a violation has occurred, the District shall pay the expenses. After the conclusion of
the administrative hearing, either party may seek any remedies which it may have at law.
Upon evidence being received by the City that violations ofthis franchise or any
ordinances lawfully regulating the District in the operation and maintenance of its electric
transmission and distribution system have occurred, or continue to occur after the thirty (30) day
period and any additional time necessary to cure, the City may cause an investigation to be made.
If the City finds that such a violation continues to exist or has occurred, then the City may take
any action authorized by law, including forfeiture ofthis franchise and a suit in court to compel
compliance. In any such proceeding, the non-prevailing party shall be required to pay the
prevailing party's damages and costs (including attorney fees). The District may be allowed,
either by the court in the judgment of forfeiture or by order ofthe City Council, a reasonable time
thereafter, as fixed by such judgment or order, to correct the default and pay such expenses,
damages, and costs as it may be adjudged to pay, and if the District does so correct and so pay
within such time, forfeiture shall not become effective nor be enforced.
Failure by the City or the District to enforce any rights under this franchise does
not constitute a waiver of such rights.
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Section 11 - Insurance.
The District shall obtain and maintain in full force and effect throughout the term
of this franchise insurance with a self-insured risk pool as authorized under Washington law or
with an insurance company licensed to do business in the State of Washington and acceptable
to the City Manager. All companies will be required to be rated A-VII or better by A.M. Best
or A or better by Standard and Poors or as approved by the City Manager. The District shall
provide the City with certificates of the insurance required herein at the time of filing the
acceptance of franchise. The City reserves the right to review these insurance requirements
during the effective period of the franchise and to reasonably adjust insurance coverage and
limits when deemed necessary and prudent by the City Manager based upon the recommendation
of the Washington Cities Insurance Authority or changes in statutes, court decisions, or the
claims history of the industry or the District.
Subject to the District's right to maintain reasonable deductibles in such amounts
as are approved by the City Manager, the District shall obtain and maintain in full force and
effect for the duration of this franchise, at the District's sole expense, insurance coverage in the
following type and minimum amounts:
1. Comprehensive general liability insurance with limits not less than:
a. One million dollars ($1,000,000.00) for bodily injury or death to each
person;
b. One million dollars ($1,000,000.00) for property damage resulting from
anyone (1) accident;
c. One million dollars ($1,000,000.00) for all other types ofliability.
2. Automobile liability for owned, non-owned, and hired vehicles with a limit
of one million dollars ($1,000,000.00) for each person and one million dollars
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($1,000,000.00) for each accident.
The liability insurance policies required by this section shall be maintained by the
District throughout the -term of the franchise and such other period of time during which the
District is operating without a franchise hereunder or is engaged in the removal of its facilities.
The District agrees that with respect to the above-required insurance, all insurance
certificates will contain the following required provision:
Name the City of Port Angeles and its officers, employees, board members,
and elected representatives as additional insured parties as to all applicable
coverage (except worker's compensation).
The policy clause "other insurance" shall not apply to the City of Port Angeles.
It is the intention that insurance policies protecting the District and the City shall be primary
coverage for all losses covered by the policies.
Companies issuing the insurance policies shall have no recourse against the City
of Port Angeles for payment of any premiums or assessments which all are set at the sole risk of
the District. Insurance policies obtained by the District shall provide that the issuing company
waives all right of recovery by way of subrogation against the City in connection with any
damage covered by these policies.
Section 12 - Indemnity.
The District shall defend, indemnify, and hold the City harmless from and against
all damages, costs, losses, or expenses for the repair, replacement, or restoration of the City's
property, equipment, materials, structures, and facilities, which are damaged, destroyed, or found
to be defective as a sole result of the District's negligence, willful misconduct, or strict liability.
The District, for itself and its agents, employees, subcontractors, and the agents
and employees of said subcontractors, shall defend, indemnify, and hold the City, its successors,
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assigns, officers, employees and elected officials harmless from and against any and all claims,
demands, suits, causes of action, and judgments for: (i) damage to or loss ofthe property of any
person (including, but not limited to the District, its agents, officers, employees and
subcontractors and the City, its agents, officers and employees, and third parties); and/or (ii)
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death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income
or wages to any person (including but not limited to the agents, officers and employees of the
District, the District's subcontractors, the City, and third parties), arising out of, incident to,
concerning, or resulting solely from the negligence, willful misconduct or strict liability of the
District, its agents, employees, and/or subcontractors, in the performance of all activities and
services pursuant to this franchise, no matter how, or to whom, such loss may occur.
The City shall defend, indemnify, and hold the District harmless from and against
all damages, costs, losses, or expenses for the repair, replacement, or restoration ofthe District's
property, equipment, materials, structures, and facilities, which are damaged, destroyed, or found
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to be defective as a sole result of the City's negligence, willful misconduct, or strict liability.
The City, for itself and its agents, employees, subcontractors, and the agents and
employees of said subcontractors, shall defend, indemnify, and hold the District, its successors,
assigns, officers, employees and elected officials harmless from and against any and all claims,
demands, suits, causes of action, and judgments for: (i) damage to or loss of the property of any
person (including, but not limited to the City, its agents, officers, employees and subcontractors
and the District, its agents, officers and employees, and third parties); and/or (ii) death, bodily
injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any
person (including but not limited to the agents, officers and employees of the City, the City's
subcontractors, the District, and third parties), arising out of, incident to, concerning, or resulting
solely from the negligence, willful misconduct or strict liability ofthe City, its agents" employees, .
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and/or subcontractors, in the performance of all activities and services pursuant toJhis franchise,
no matter how, or to whom, such loss may occur.
In the event that any such damage, claim or loss is found by a court of competent
jurisdiction to be caused by the concurrent fault of both the District and the City, then each party
shall indemnify the other to the full proportionate extent that each party is determined to be at
fault. It is the intention of the parties, and they expressly agrees, that the provisions of this
section shall not exclude claims, damages, and losses caused in part, but not wholly, by the
negligence of a party, even if said party is more negligent than the other.
Should a court of competent jurisdiction determine that this franchise is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of the
District and the City, its officers, officials, employees, and volunteers, the parties' liability
hereunder shall only be to the extent of each party's negligence. It is further specifically and
expressly understood that the indemnification provided herein constitutes the parties' waiver of
immunity under Title 51 RCW, Industrial Insurance, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of this
waiver shall survive the expiration of this franchise.
The parties shall give each other prompt written notice of any claims or suits.
Each party shall have the right to investigate, defend, and compromise such claims or suits to
the extent of its own interests. The City shall give the District complete and total access to
any and all records pertaining to said claim or suit.
Section 13 - Notices.
All notices from the District to the City pursuant to this franchise shall be directed
to the City Manager at P.O. Box 1150, Port Angeles, Washington 98362-0217 or to such person
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as designated by the City Manager. All notices from the City to the District pursuant to this
franchise shall be directed to the General Manager at P.O. Box 1090, Port Angeles, Washington .
98362, or to such person as designated by the General Manager. The District shall maintain
within the Clallam County area throughout the term of this franchise an address for service of
notices by mail. The District shall also maintain within the Clallam County area a local
telephone number operational during normal business hours for the conduct of matters related
to this franchise. Any change in address or telephone number shall be furnished to the City ten
(10) days prior to the change. Any change to City ordinances that effect the District's
compliance with this franchise shall be furnished to the District upon request.
Section 14- Forfeiture and Termination.
In addition to all other rights and powers retained by the City under this franchise
or otherwise, the City reserves the right to forfeit and terminate this franchise and all rights and
privileges of the District hereunder in the event of a material breach of its terms and conditions, .
subject to reasonable notice and opportunity to cure. A material breach shall not be deemed to
have occurred if the violation occurs without the fault of the District or occurs as a result of
circumstances beyond its control; provided however, that the District shall not be excused from
performance of any of its obligations under this franchise by economic hardship or misfeasance
or malfeasance of its directors, officers, employees, subcontractors, or agents.
A termination shall be declared only by a written decision of the City Council, by
ordinance, resolution or motion, after an appropriate public proceeding which shall accord the
District due process and full opportunity to be heard and to respond to any notice of grounds to
terminate. The City shall provide the District at least fifteen (15) days prior written notice of any
public proceeding concerning the proposed termination of this franchise. Such notice shall state
the grounds for termination alleged by City. .
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.:.:i~~~~1ft{
The City Council, after the public proceeding, and upon finding the existence of
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grounds to terminate, may either declare this franchise terminated or excuse such grounds upon
a showing by the District of mitigating circumstances or good cause for the existence of such
grounds.
Neither the District's acceptance of this franchise, the District's appearance before
the City Council at any public proceeding concerning the proposed termination ofthis franchise,
nor any action taken by the City Council as a result of any such public proceeding, including a
declaration of termination or a finding of grounds to terminate, shall be construed to waive or
otherwise affect the District's right to seek dispute resolution ofthe rights and responsibilities of
the parties under this franchise.
Section 15 - Governing Law.
This franchise is subject to the provisions of the Constitutions and laws of the
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United States of America and the State of Washington and the municipal code and ordinances
of the City of Port Angeles.
Section 16 - Force Maieure.
The time within which the District shall be required to perform any act under the
franchise shall be extended by a period of time equal to the number of days performance is
delayed due to a force majeure. The District shall not be subject to any penalty hereunder
because of acts or failure to act due to force majeure.
Section 17 - Severability.
Except as provided below, if any section, subsection, sentence, clause, phrase,
term, provision, condition, covenant or portion ofthis franchise is for any reason held invalid or
unenforceable by any court of competent jurisdiction, or superseded by state or federal
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legislation, rules, regulations or decision, the remainder of this franchise shall not be affected
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thereby but shall be deemed as a separate, distinct and independent provision, and such holding
shall not affect the validity of the remaining portions hereof, and each remaining section,
subsection sentence, clause, phrase, provision, condition, covenant and portion of this franchise
shall be valid and enforceable to the fullest extent permitted by law.
If any material provision of this franchise is for any reason held invalid or
unenforceable by any court of competent jurisdiction, or superseded by state or federal law, rules,
regulations or decision so that the intent of these provisions is frustrated, the parties agree to
immediately negotiate a replacement provision to fulfill the purpose and intent of the superseded
provisions consistent with applicable law.
Section 18 - Acceptance of Franchise.
The District shall, on or before July 18th, 2001, file in the office of the City Clerk
a written instrument accepting this franchise and all terms and conditions thereof, signed and
acknowledged by its proper officers in a form acceptable to the City, certificates of insurance,
and a complete set of current drawings or in a computer readable electronic format if available,
ofthe District's facilities within the City, including identification oftransmission and distribution
facilities within the City. All of said documents shall be in compliance with the requirements of
this franchise ordinance.
Section 19 - General Provisions.
The 6/512000 Maintenance And Operating Agreement For Electric Transmission
Lines I & 2 agreement in effect prior to acceptance of this franchise is attached hereto and is
hereby incorporated into this franchise. Termination of any agreements incorporated into this
franchise by said reference may require an amendment to this franchise, as determined by the
City in its sole discretion.
The City and the District agree to negotiate III good faith any additional
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agreements that may reasonably be required to implement the terms and conditions of this
Agreement. Each party shall use reasonable best efforts to take all actions necessary or
appropriate to enable it to carry out its obligations under this franchise.
If any suit or other action is instituted in connection with any controversy arising
under this franchise, the prevailing party shall be entitled to recover all of its costs and expenses
including such sum as the court may judge reasonable for attorney's fees, including fees upon
appeal of any judgment or ruling.
Any remedies provided for under the terms of this franchise are not intended to
be exclusive but shall be cumulative with all other remedies available to the City at law, in
equity, or by statute.
Section 20 - Assignment of Franchise.
Neither this franchise, nor a substantial portion of the electric transmission and
distribution facilities held by the District for use under this franchise which are in the franchise
area, nor any rights or privileges of the District under this franchise, either separately or
collectively, shall be sold, resold, assigned, transferred or conveyed by the District to any other
person, firm, affiliate or entity, without the prior written consent ofthe City. Such approval shall
not be unreasonably withheld. Should the District sell, assign, transfer, convey, or otherwise
dispose of any of its rights or interests under this franchise, including the District's electric
transmission and distribution facilities or capacity on its electric transmission and distribution
facilities, or attempt to do so, without the City's prior consent, the City may revoke this franchise
for default, in which event all rights and interest of the District shall cease. Any transfer in
violation ofthis section shall be null and void and unenforceable. The District agrees to promptly
pay to the City a sum of money sufficient to reimburse it for all reasonable expenses incurred by
the City in review of such an assignment or transfer as provided for in this section, unless said
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assignment or transfer is to the City.
Section 21 - Repealer.
The electric transmission franchise Ordinance No. 1200, approved by City Council
on 11/28/1948, which-expired on 11/28/1998, is hereby repealed.
Section 22 - Effective Date. This franchise shall take effect five days after
publication, subject to acceptance by the District in accordance with the provisions of this
franchise.
PASSED by the City Council of the City of Port Angeles at a regular meeting of
said Council held on the _ day of June, 2001.
ATTEST:
MAYOR
APPROVED AS TO FORM:
Becky 1. Upton, City Clerk
PUBLISHED:
Craig D. Knutson, City Attorney
2001-18.ord.wpd
By Summary
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~ORTANGELES
WAS H I N G TON, U. S. A.
DEPARTMENT OF COMMUNITY DEVELOPMENT
Date:
June 18, 200 I
To:
Mayor Doyle and City Councilmembers
Brad Collins, Community Development Director ~
Highland Courte Chemical Dependency Treatment Center Report Supplement
From:
Subject:
Attached is supplemental information provided by the Highland Courte Treatment Center Executive
Director Bob Martin this afternoon in response to concerns raised in a meeting with City staff last week.
Since the City staff is still reviewing the semi-annual report and now this supplemental response, no action
is being considered before tonight's Council meeting.
'"
~ --
~
cR~~~
June 18, 2001
[O)1e~IUW/1E~
\r\1 JI4 l 8 2001 l!J)
Brad Collins, Director
Community Planning Commission
CITY OF PORT ANGELES
321 East Fifth Street
Port Angeles, W A 98362
Re: Highland Courte CUP
COMMUNllY DEVELOPMENT I
Dear Mr. Collins:
We wish to thank you, the City Attorney, and the City Manager for meeting with us to
discuss your concerns and issues related to Highland Courte's May 28th report to the
Planning Commission, delivered to you June 7 via our counsel.
As we discussed, the report was the first of its kind for liS and, we believe, for the City as
well. With such a new process, discussion concerning the information that each party
believes should be included in the report, and the. manner in which that information is
presented, is extremely beneficial. This process will result in a more standardized form
for the next report, whiQh will better meet the parties' needs.
During our conference, we discussed several items for which the city believed additional
information should be included, and we are happy to provide that information, as follows.
1. Questions have been raised by opponents of the project concerning the nature of
our contract with ADATSA, as it relates to Highland Courte's ability to reject patients
referred by ADA TSA who do not meet the criteria for admission to Highland Courte.
These questions were specifically related to Paragraph B of the program requirements,
where appears language that Highland Courte "... shall.. . accept for admission all patients
referred from an assessment center." This language does not receive such a mandatory
interpretation from ADATSA, for several reasons. First, the various treatment programs
around the state are not "cookie cutter" type treatment centers. Each works particularly
well with certain type of patients, and other types of patients should go to a different
facility. Thus, for example, some programs are of mixed gender, while others are limited
to treatment of one sex. Rejection of persons referred to a mixed gender facility such as
Highland Courte, who should, in the judgment of Highland Courte, go to a single sex
facility, is thus permitted and done. Highland Courte, therefore, does not accept
A Northwest Care Management Community
1704 Melody Circle, Port Angeles, WA 98362. Phone: (360) 417-5356 . FAX: (360) 417-2773
..,.
Page 2
ADATSA patients, when those patients are not appropriate for Highland Courte's
treatment regimen. This is agreed to and acknowledged by ADA TSA.
Our duty in this regard is stated by RCW 70.96A.110(2), which allows us the right to
determine what patients will be treated in our facility, and requires that, when we decide
not to take a particular patient, our duty is to refer them to another program.
Highland Courte treated 260 patients between August 23, 2000 (the date of opening of
the facility), and April 15, 2001. (The effective date of a report to the advisory
committee). In the same period of time~ Highland Courte can document 157 persons who
made reservations for space, but were not accepted into the facility. Additionally, other
persons were not accepted, before commencement of the reservation process, when it was
informally determined that they were not amenable to Highland Courte's treatment
regimen. Those who were refused admittance after the reservation process began were
disqualified for varied but usually multiple reasons. The source of pay for those rejected
bears roughly the same percentage as those admitted, i.e., since ADATSA patients make
up approximately 40% of those admitted, we estimate ADA TSA referrals make up
approximately 40% of those rejected after reservation.ADATSA patients are referred by
Highland Courte back to their ADA TSA referral counselor, who then refers, them to
another program.
i
2. As already discussed, Highland Courte has rejected a significant number of
potential patients, because they did not meet the conditions of admittance to Highland
Courte, rules set either by Highland Courte itself or by the current conditions upon
, Highland Court's permit. One area in which Highland Courte rejects patients involves
those individuals whose WATCH report indicates a conviction for a felony violation, a
sexual, or a felony property crime. This is in compliance with the current permit
language.
As we discussed, Highland Courte admits some persons with fourth degree assault
convictions, when the patient affirms that the conviction arose as a result 'of an incident
which occurred when the individual was under the influence of alcohol and drugs.
Persons who indicate that their conviction did not arise from such a situation are not
accepted. These persons have a violence problem, as well as an alcohol problem, and
Highland Courte's program is not designed or amenable to persons with both problems.
There has been an ongoing issue of interpretation between our counsel and the City
Attorney, over whether persons with fourth degree assault convictions have been
convicted of a "violent" crime. Becau~e this crime is the offense charged when police are
called to a dispute between persons living together, and because alcohol and/or drugs
..
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play a large part in these situations, convictions for this crime are quite common with
substance abusers. Thus, as we discussed at length, exclusion of persons with a fourth
degree assault conviction would mean that persons who were guilty of nothing more than
verbal abuse, or the raising of a hand when under the influence of drugs or alcohol, would
be excluded from treatment at Highland Courte.
As a result of our discussion concerning the possible differing interpretations of the
condition, Highland Courte has agreed, until such time as the validity of the condition can
be determined, to refuse admittance to patients whose conviction for fourth degree assault
did not arise as a result of a domestic violence situation, but was, instead, a third party
affray, even though those persons were acting under the influences of alcohol or drugs.
3. There was apparently some confusion concerning our response to Condition
Number 6. Highland Courte does not have the necessary state permit to treat persons
with co-existing diagnoses. Thus, stating that we do not provide the treatment, as our
existing permit so limits us, seemed to us to unqualifiedly state that persons with co-
existing diagnoses were not being admitted. To the extent that an affirmative statement is
needed, please be assured that persons with diagnoses of co:..existing disorders 'are not
admitted.
4. As noted, Condition Number 8 is a problem for us. To deal with the concerns
reflected in the Advisory Committee Report, we have directed our counsel, using the
procedure for minor modification of a conditional use permit, to initiate a request for a
modification to this condition. We will generally propose that the condition be modified
to provide that separate gender groups of patients (to avoid group separation, which
happens when they are mixed gender) of up to ten patients, accompanied by two staff,
equipped either with radios or cellular telephones, may go for walks either around the
facility, or on good days, up the path to the BPA power line. Using two communication-
equipped staff should provide the assurance that patients do not run away, which we
assume underlies the condition.
5. We understand that some members of the neighborhood contend that there have
been patient vehicles parked at. the facility for a long time. That is not correct. Any
vehicles that may hav~ been parked there for a period of time are staff, not patient
vehicles. As we stated in the report of May 28, 2001, only three patients have driven
their vehicles to the facility, and those cars have been moved as soon as practicable.
6. Finally, we discussed the make up of the advisory board, in light of a concern that'
the board did not include enough neighborhood representation. Highland Courte, in
selecting the advisory committee, followed our counsel's advice that persons who were
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Page 4
either actively engaged in litigation with Highland Courte, or who had, in the past,
actively opposed the project, not be included on the advisory board, until the litigation is
fully completed. Early in the permitting process we contacted a few residents of the
neighborhood, who had appeared neutral and had indicated a desire to become
knowledgeable of the treatment being provided, and requested that they contact us.
Unfortunately, no one did. Given the vehemence of the neighborhood opposition to
Highland Courte, we can well understand why no one in the neighborhood wants to be
involved in any way with Highland Courte at this time. Thus, the only immediate
resident of the neighborhood who participated on the committee was Nancy Weatherly,
the manager of Hjghland Commons.
We note that the make-up of the State's advisory committee on substance abuse, per
WAC regulation, is to consist mostly of persons who are themselves recovering and
others who support treatment efforts. This recognizes that persons who are interested in
the topic at issue volunteer their time to serve on advisory boards. Thus, the majority of
persons on the committee are persons who have an interest in, and who want to promote,
substance abuse treatment. '
We will endeavor, again, to identify and contact neighborhood members, and seek their
participation, within the limitations noted above. Such is, however, voluntary, and we
can make no guarantee~ concerning who will participate.
Respectfully su~~ted, .
~~t:e ~
Robert C. Martin, {
Executive Director
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DATE:
To:
FROM:
SUBJECT:
~ORTAJrGD1IS
WAS H I N G TON, U.S. A.
CITY COUNCIL MEMO
June 18,2001
MA YOR DOYLE AND CITY COUNCIL
Brad Collins, Community Development Director ~
Highland Courte Chemical Dependency Treatment Center Report
Summary: On June 8, 2001, the City received the semi-annual report of the Highland Courte
Chemical Dependency Treatment Center from Bob Martin, Executive Director and is in the
process of reviewing the report. The staff is continuing to investigate whether the conditions are
being complied with, and has met with representatives of Highland Courte as well as several of
the neighbors. If it is determined that the conditions have not been and/or are not being met, the
City Attorney will be preparing legal action seeking judicial enforcement' of the CUP conditions.
Attachments: Semi-Annual Report from Highland Courte
Highland Courte CUP Conditions
G:\CNCLPKT\PLANNING\HiCterpt.Jun. wpd
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~R RECOVERY
May 28, 2001
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Mr. Brad Collins, Director
Community Planning Commission
City of Port Angeles
321 east fifth street
Port Angeles, W A 98362-0217
COMMUNfTVDEVELOPMENT
Re: Highland Courte CUP
Dear Mr. Collins:
As you are well aware the opening of Highland Courte has been very trying to all of us. I
admit to setting aside the formation of the advisory board to devote my full time, efforts
and attention to the operational details and marketing rebuilding until we could recover
from the effects caused by the on and off again opening of the treatment center.
.
I now present the report on each of the conditions of the original CUP.
Conditions of CUP:
1. The particular use being conditionally permitted is Highland Courte, a private
inpatient chemical dependency treatment center.
Response: Highland Courte is licensed by the state of Washington Department of Social
and Health Services, Division of Alcohol and Substance Abuse and the
Washington State Department of Health as an intensive inpatient treatment
center. (Copies of licenses attached)
2. The chemical dependency treatment center services shall not include detoxification.
Response: Highland Courte is not licensed as a detoxification center. Patients are referred
to other facilities for these services.
3. Patients must voluntarily apply for admission and shall not have been ordered by a
court to any type of "locked down" treatment.
.
Response: Highland Courte is not a court ordered or locked down treatment center. All
patients must voluntarily enter treatment. We also may reject patients we
deem inappropriate for this level of care.
Page 1 of 4
A Northwest Care Management Community
1704 Melody Circle, Port Angeles. WA 98362. Phone: (360) 417-5356 . FAX: (360) 417-2773
163
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4. The treatment center shall serve only adult patients.
.
Response: Highland Courte admits only adult patients over the age of seventeen years
old.
5. The treatment center shall only admit patients who swear by written affidavit that
they have not been convicted of a violent, sexual, or felony property crime. The
treatment center shall verify this information by obtaining a criminal background
check as soon as practicable, including performing a Washington Access To Criminal
History background check according to the state in which the applicant resides, -
before admitting any patient. Applicants who have been convicted of a violent, sexual
or felony property crime shall not be admitted or shall not receive further treatment.
Response: Subject to the statements in the letter from our counsel, which accompany this
report, Highland Courte complies with this condition. Patients with known or discovered
convictions for violent, sexual or felony property crimes are not being admitted to
Highland Courte. Lack of a WATCH report on some individuals, due to Federal privacy
regulations, may have resulted in a few people slipping through the review process.
(See attached letter from Attorney Craig' Miller)
6. The treatment center shall not admit persons with coexisting mental health and
chemical dependency diagnoses in accordance with the Diagnostic and Statistical
Manual, DSM IV.
Response: Highland Courte does not provide coexisting treatment or services for it's
patients.
.
7. Visitors will be allowed only inside the facility and only on the weekends from
8:00am to 6:00pm.
Response: Visitation for patients occurs only on Saturdays, Sundays and legal holidays.
Visitation is a privilege and oIlly with the approval of the patient's counselor.
8. A patient will not be allowed outside the facility without being in the company of a
staff member in a one-to-one ratio of patients and staff members, except as necessary
in the event of an emergency.
Response: All patients outside the building are in the company of a Highland Courte staff
member. We do take gender-separated walks on the driveway during wet or
rainy days and on the wooded trail to the power lines on dry days. All walks
. .
are supervised by a Highland Courte staff member. State and federal laws
prohibit Highland Courte staff members from touching a patient. Our patients
are not under court order to attend our treatment center. The Highland Courte
staff is not responsible to any court or law enforcement agency for the actions
of a patient.
.
Page 2 of 4
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9. Because admission is only voluntary and a pl:Ui~nt may choose to.leave the program
prior to completion, individuals who do not successfully complete the treatment
program shall be either driven by a staff member to the airport or downtown bus
transfer station or picked up by an adult family member or other responsible party.
Response: All admissions to Highland Courte are voluntary. All patients leaving our
treatment center that have or have not completed our program have either
been driven to the airport, bus transfer station or their destination by a
responsible family me~bers or by a Highland Courte staff member.
10. Patients will be brought to and picked up from the treatment center and will not
drive to and park a vehicle at the treatment center.
Response: All patients are advised, prior to their arrival to Highland Courte, not to bring
their vehicles to the treatment center. We have had 3 people drive themselves
to our treatment center since we opened. We had them park their vehicles in
our parking lot and turn over their keys to be locked in our safe until
arrangements could be made to have family or friends remove the vehicle or
arrangements could be made to provide off sight parking. This arrangement
has not effected t~e patient, Highland Courte or the neighborhood in any way.
.
11. The treatment center will use its best efforts to ensure that at least 5% of the
patients shall be residents of the Port Angeles (Zip Code) area, including making
financial aid available for local residents.
Response: The first six months c$f operation have shown that 34% of the total population
receiving chemical dependency treatment has come from the Olympic
Peninsula 19.5% has come from within the city limits of Port Angeles.
Highland Courte has provided full scholarship treatment for II residents of
the Port Angeles zip codes of 98362 and 98363. We have also provided partial
scholarships to 2 other Port Angeles residents. The total amount of the
scholarships provided to Port Angeles residents is $32,340.00.
,
12. Highland Courte shall receive advice and community input from an advisory board
comprised of the Executive Director and a group of volunteer community members
with priority given to volunteers from the surrounding residential neighborhood.
Response: On March 7, 2001 Highland Courte held its first Advisory Board meeting with
only 2 community representatives in attendance. We decided that another more
focused attempt is made to assure a minimum of 6 community representatives
were present before we held a formal meeting. On April 27, 2001 we, had the
second Advisory Board meeting with 7 community representatives in
attendance.
Page 3 of 4
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13. Highland Courte shall not seek citic!itionallicensing of other treatment authorities
~, ;.. " ,..-'-- '..-
without applying for and obtaini1ffity approval.
,"""0--";"
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Response: Highland Courte has not appU~d for or been issued or granted any other
licenses. .,
14. Highland Courte will provide semi-annual verification of compliance with these
conditions in the form of a writte,!'(~port to the Planning Department and Planning
Commission. The semi-annual rejii./ft will also include a written report from the
advisory board and a list of treainfe~t center violations reported to or by State
agencies. .
Response: Highland Courte is submitting its first written report and enclosing the report
from the Advisory Board. Tl1,e~7 have been no treatment center violations from
any state agencies.
15. All suspected incidents of criminql.cpnduct will be promptly reported to the Port
Angeles Police Department. and treatment center staff will cooperate with the
responding police officers by giving written statements and as otherwise requested.
Response: Highland Courte treatment c~l)ter has no incidents or suspected incidents of
any criminal nature to repor(tf)'the Port Angeles police department. Highland
Courte had received one tele~hgne call from a resident of Highland Commons
lour closest neighbor to the'~#t, with a complaint that one of our employees .
was driving too fast as they W~~e leaving our parking area. A memo (attached)
was given to all of our employ~e regarding the need of extra caution for the
safety of our neighbors.
Highland Courte remains committed to providing the highest quality, affordable and
effective chemical dependency treatment available.
We believe we are fulfilling a much-n~eded medical service not available to the
community of Port Angeles and the Olympic Peninsula for many years.
We further believe we are living up to ()~tcommitment to the community of Port
Angeles and the neighborhood that wevv'cmld operate and manage the Highland Courte
treatment center in a professional mannefthat would not compromise their health or
safety in any way.
Executi ve Director
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Page 4 of 4
166
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ALCOHOLISM TREATMENT FACILITY
The Washington State Department of Health hereby licenses
HIGHLAND COURTE
Operated by: HIGHLAND COURTE LLC
Located at: 1704 MELODY CIR CLE
POR T ANGELES W A 98362
in accordance with Chapter 71.12 Revised Code of Washington subject to the
provisions of said act oj the legislature and the Standards, Rules and Regulations
of the Department of Health promulgated thereunder.
Facility ID:010250
Beds: 48
License Number: PE-159
Effective: 08/01/2000
Expires: 07/31/2001
Gary Bennltt
Director, Facilities and Services Licensing
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Johnson"MJller Shetler PLLC
AlTORNEYSATLAW
Craig L Miller
Jane Cantor Shetler
June 7, 2001
Curtis G. Johnson
Gerard A. Johnson, of Counsel
Craig Knutson
City Attorney
City of Port Angeles
P. O. Box 1150
Port Angeles, W A 98362
Re: HIGHLAND COURTE CUP CONDITIONS
Dear Craig:
The purpose of this letter is to address an issue concerning the semi-annual report
submitted by Highland Courte concurrently herewith. Some two months ago," you and I
corresponded concerning the question of whether convictions for assault in the fourth
degree are included within Condition No. 5's prohibition against acceptance by Highland
Courte of persons convicted of ''violent'' crimes. At that time, I indicated that we would
implement the City's interpretation of this Condition "with reservation" of our rights to
contest that interpretation. The City's interpretation has proven to be unworkable; there
are simply too many people who suffer from alcohol or drug addiction who have, as a
result of their addictions,! been involved in assault four cases. These persons are not
violent, but do require treatment for their addictions.
Highland Courte will no longer'refuse admiffilnce to persons with Assault 4 convictions.
Should the City insist upon its interpretation, we will have to resolve this issue through
litigation, subordinate to our position that the entire Condition is invalid. While the
pending litigation appears to be an appropriate vehicle for that to occur, I am more than
willing to resolve this issue in any other manner that you might deem appropriate.
~
While this litigation is pending or until such other resolution, however, I urge the City to
refrain from taking abrupt or preemptive action to enforce its interpretation of Condition
No.5. Such an action would cause significant damages to Highland Courte, and would
also be persuasive evidence of an intent to discriminate in the inevitable ADA damages
suit which would follow such an action.
Very truly yours,
JOHNSON MILLER SHEFLER PLLC
~
/
Craig L
CL lw
nclosure
230 East Fifth Street . Port Angeles, W A 98362
(360) 452-3895 . (360) 457-3379 Fax
email: clmjcs@olympus.net
168
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May 25, 2001
Mr. Brad Collins,
Community Development Director
City of Port Angeles
321 East Fifth Street
Port Angeles, W A 98362-0217
Re: Highland Courte Chemical Dependency Center advisory board letter regarding the
Highland Courte CUP
We, the Advisory Board members, have met with the Highland Courte Chemical
Dependency Center executive director and his staff on two separate occasions. The first
meeting was on April 27, 2001 and the second on May 18,2001.
We believe the management staff and its employees are operating the facility in a
professional manner. We have held our meetings in the treatment center and have had an .
opportunity to see their rules and regulations and how the center operates on a day to day
basis.
It is our opinion that the facility is operating within the guidelines of the Conditional Use
Permit with the exception of the following conditions:
1. Condition number 8: A patient will not be allowed outside the facility without being in
the company of a staff member in a one-to-one ratio of patients and staff members,
except as may be necessary in the event of an emergency.
The Highland Courte staff has taken the patients for walks around the treatment
center and up the pathway in the woods to the power lines and back under the
supervision of a staff member without any problems. We have reviewed this
condition and would recommend that the condition be modified to allow patients to
be in the company of a staff member anytime they are outside the treatment center.
Since the patients are voluntary in their admission to treatment and that the staff can
not restrain or touch the patients in any way it seems unnecessary to have such a strict
condition that doesn't allow some type of outside exercise and break from their inside
surroundings.
Page 1 of 2
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169
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170
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2. Condition number 10: Patients will be brought to and picked up from the treatment
center and will not drive to and park a vehicle at the treatment center.
The treatment center does request that a patient not bring their vehicle to the
treatment center when they are making the reservation. Some patients have not
followed the center advice and have driven there anyway. The center's policy of then
taking away the patient's ability to get to their vehicles and having the keys in the
safe where patients can not have access to them seems to be an appropriate measure.
The treatment center does have access to some off site parking if more than 2 or 3
people do end up driving to the center. While the center was waiting for family
members to come move the vehicles the center's parking was not full or did it cause
any problems with the adjacent neighborhood. We would recommend the condition
be modified that would allow up to 3 patient vehicles may be parked at the center at
anyone time.
We understan9 that Condition number 5 is also of concern to the Highland Courte
staff but we have been told that their attorney is challenging the legal merits of that
condition so we feel that we should not provide our comments until a legal finding is
established.
We also extend an invitation from the Advisor Board to the Planning Commission
and to the City Council to come to be our guest for a tour of Highland Courte. The
Advisory Board members would be available to answer any questions that you may
have.
Respectfully submitted,
Monte Cotton,
Ch~>>1;;; V/-oum Advisory BOMd
(Attached is a roster of the advisory board)
Page 2 of2
Memornndwn
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To: ALL HIGHLAND COURTE EMPLOYEES
From: ROBERT C. MARTIN, EXECUTIVE DIRECTOR II"
Date: 02117/01
Re: NEIGHBORHOOD SAFETY
I RECENTLY RECEIVED A PHONE.CALL FROM A RESIDENT OF mGHLAND COMMONS
OUR NEIGHBOR TO THE EAST. THE CALL WAS A CONCERN ABOUT ONE OF OUR
STAFF LEAVING OUR PARKING LOT AND DRIVING FAST BETWEEN THE COMMONS
BUILDINGS.
I ASK EACH OF YOU TO TAKE EXTRA CAUTION AND VIGILANcE AS YOU LEA VB .
OUR PARKING LOT. THERE IS NOT A CROSSWALK FOR THE RESIDENTS
TO USE FOR THEM TO CROSS BACK AND FORTH BETWEEN THE COMMON Bun.DING.
SOME OF THE COMMONS RESIDENCE ARE HARD OF HEARING, SOME ARE SIGm
IMPAIRED, AND SOME HAVE PHYSICAL IMPAIRMENTS THAT MAY REQUIRE EXTRA
TIME FOR THEM TO CROSS THE STREET.
DRIVE VERY SLOWLY THROUGH THE COMMONS AREA. WATCH OUR FOR OUR
NEIGHBORS. STOP AND HELP IF NEEDED. MAKE SUGGESTIONS TO IMPROVE THIS
SAFETY ISSUE.
"IT IS UP TO EACH OF u~"
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171
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CITY OF
~ORT ANGtiJ~ES
o
WAS H I N G TON, U. S. A.
CITY ATTORNEY
March 26, 2001 HAND DELIVERED
Craig L. Miller
Attorney at Law
230 East 5th Street
. Port Angeles, W A 98362
. .' .
Re: Enforcementof Hi~and Courte CUP Conditions
Dear Craig:
This letter pertains.'to the enforcement of conditions. that ,apply to the Highland Coune drug.
treatment facility owned and operated by your client pursuant to the Conditional Use Permit (CUP)
issued by the City. This letter has been prompted by the fact that the City has received a number
of complaints of CUP violations by Highland Courte. I previouslyjrtformed you ofthe positions
set forth in this letter by telephone on March 22, 2001.
Specifically, this letter is to notify you of the City's, official position that all of the CUP conditions
need to be met unless or until they have been invalidated by a court oflaw. The general basis for
the City's position is that Highland Courte is currently operating under the legal authority of the
CUP as conditioned. If Highland Courte refuses to abide by or otherwise cannot comply with these
conditions, then its legal authority to operate is no longer valid. Accordingly, if Highland Courte
takes the position that it will not meet certain conditions as reasonably interpreted and enforced by
the City, then the City will take legal action to close down the facility.
The City understands that Highland Courte acknowledges that it needs to comply with currently
unmet conditions regarding the formation of an advisory board and submission of a six-month
report to the City. The City assumes that Highland Courte is in the process of establishing the.
required advisory board and preparing the required report and that that board will meet and the
report will be submitted as soon as reasonably feasible. Your client needs to immediately tell
Community Development Director Brad Collins when he can expect these items to be
accomplished.
The City is unclear as to whether or not Highland Courte intends to meet the condition that
prohibits patients from arriving in their own vehicles and parking them on site. Your client also
needs to let the City know its intentions in this regard as soon as possible.
172
32 I EAST FIFTH STREET · P. O. BOX 1 150 · PORT ANGELES. WA 98362-0217
PHON E' 360-417-4530 · FAX: 360-417-4529 · TTY: 360-4 I 7-4645
E. M A I L. AT TOR N E Y (~ C I PO R r - Ar..J GEL E S W A. U 5
Craig Miller, Esq.
Re: Enforcement ofHitzhland Courte CUP Conditions
Maich 26, 2001
Page 2
..
Finally, the City needs to, know whether or not your client intends to honor and implenient
Condition No.5, which prohibits the treatment of patients who have been convicted of violent,
, sexual, or felony property crimes. We'are aware that you have appealed, the validity of this
condition, Nonetheless, as stated above, this con~tion is part'ofthe legal basis for your clients'
current operation and, accordingly, must be followed.
With regard to the interpretation of what is meant by a "violent'? crime, the City disagrees with yoUr ,
, interpretati~rt that only fel<<Jny crimes are covered by this term. Your reliance on the defmition iri
the Sentencing Reform Act. is misplaced, because that statute onlyapplies'to felonies in the first "
place. Additionally, your attempt to distinguish domestic violence crimes from other'crimes of
violence is inappropriate, becaUse the condition its~lf makes n~ suc~ .disti~ction. In the' City's
, view, there isa reasonable basis for assuming that someone convicted of domestic violence is more '
likely to, commit a violenfcrime against a non-familY'Ii1ember.than'someone who has never been
convicted of any violent crime. N~netheless, the 'City does realize thai it is possible to, have a
simple assault conviction without having actually engaged in violent behavior, Although such
convictions' are unusual, the' City is willing to consider e~ceptions fu sucb' cases. Having
acknowledged this willingness, however, we also wailt ,to~e 'sure you. uriderstan4 that the
specific domestic violence offender who has appar~t1y been accepted but not yet adJilit;ted for '
'treatment at Highland Courte was convicted on the basis of actual, 'physical violence agamst his '.,
spouse. We have made ClIT}1l1gements for you to review the <locumentation o'fthis ~ormation. We
trust that you will advise your client of this information and that your client'will not jldmit this
person for treatment. Otherwise, the consequences as set-forth above will follow. '"
Please let me know as soon as possible if you l1ave any questions, cOIJUIlents, or disagreements with
the positions set forth herein.
Vi1Y~O~ ~
C~tson
City Attorney
cc: City CouncilsCity Manager
Community Development Director
Highland Courte, c/o Rick Anderson
FAIR, c/o Dave Neupert
CDK:dl
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June 14,2001
City of Port Angeles - Mayor, City Council Memoers,oJ?lanning Department, City
Attorney and City Manager
Dear Ladies and Gentlem~n: ~4 ~ ~ .
On June 12, I received a copy of Highland Cofihe's semi-annual report to the Planning
Dept. and Commission. According to Condition 14.this report was suppose to verify
Highland Courte's compliance with the conditions of its permit. In critical respects it
fails to do any such thing. Below are the more egregious examples of this failure.
1. There is no evidence submitted to indicate whether Highland has made any
effort to know whether or not it is admitting patients convicted of a "violent
crime, a sexual crime or a felony property crime".
2. In a disingenuous effort to avoid addressing Condition 6., Highland does not
say it is not admitting persons "with coexisting mental health and chemical
dependency diagnoses" but only that it doesn't provide treatment for such
patients. Well, what is it? Are they admitting mentally ill persons or not?
3. In two instances, Highland claims that the conditions are unworkable and that
it won't comply for that reason. But the procedure is to apply to the Planning
Commission for relief from such conditions - not to just ignore them and
claim in a four month late "semi-annual" report they are unworkable. nor,
moreover, in a classic Miller maneuver, threaten to sue the City if it were so
presumptuous as to enforce its Conditional Use Permit [See June 7 Miller
letter to Knutson].
4. The residents of the Golf Course Road area cannot identify any of the listed
members of the "Advisory Board" as from our neighborhood or as having
been at the Planning Commission hearings. Two appear to live in Sequim, two
on the Westside, one near the hospital and two have no telephone or
professional listing. Rather than volunteers, they seem to have been recruited,
in large part, from the drug treatment industry. There is no indication that any
consideration, let alone priority, was "given to volunteers from the
surrounding residential neighborhood", as required by Condition 12.
Finally, let me note that there is still nothing at all explaining how Highland Courte is
able to live up to its contract with the state of Washin~on and comply with the
screening of patients required by its Conditional Use Permit. My inquiries clearly
indicate that the state expects its contractors to accept any referrals regardless of
criminal background and history of mental disturbance. So far no one in the Offices
of the City Manager, City Attorney, or Planning Department has done anything to
clarify this matter.
I respectfully request the opportunity to supplement, amplify or explicate the above
points at the City Council meeting of June 18, 2001.
~arAon~
1834 E. 5th St., Port Angeles, W A
Planning Commission Meeting - May 24, 2000
Page 5
)
~
~
~
~
(:
~
With regard to Condition No.9, Commissioner Schramm .asked Mr. Miller if a patient who
decides to leave could be detained? Mr. Miller answered that all measures would be taken.
to encourage such a patient to remain in the facility but in reality, nq physical force could be
used to detain such a person. Mr. Schramm noted that to ensure a patient is not easi ly
enabled to leave: whenever they so choose, a condition could be worded such that patient
vehicles may not remain at the facility.
Lengthy discussion began regarding security and the restriction of visitors to weekends
between 8 a.m. and 6 p.m. as identified in Condition No.7. The issue of use of the common
recreation area that joins the entire residential development including the subject site was
discussed. Although visitors will be prescreened and strictly informed as to permissible
visiting hours, it is possible that unauthorized situations will occur. Visitors will not be
admitted into the facility outside of authorized hours for visitation; however, it was agreed
that is would be no control outside of the facility.
Commissioner Nutter noted that residents of the Alzheimer's use were provided
opportunities for exercise within the facility. She asked if it would be a problem to restrict
patients from recreating outside of the facility. Mr. Miller responded that it would not be a
problem; however, if a particular patient is under undue stress and absolutely has to go
outside, it could be permitted on a one to one basis with an able staff member. This situation I
will not be encouraged unless completely unavoidable for required treatment.
Commissioner Nutter stated that it would be desirable to be more specific in the formation .
of rules regarding the reporting and meeting schedule for the proposed advisory board. How
often the board meets and a requirement that a report from the board be included in the
center's semi-annual report to the Planning Department would be improved measures.
In response to Commissioner Norton, Mr. Miller stated that the proposed advisory board
would be advisory not supervisory. The board members could provide any information they
feel is appropriate. The semi-annual report will include information on number of patients /'
admitted, a description of the fact that background checks had been performed, and the
number of patients denied treatment as a result of those checks. Additionally, statements as
to how many patients voluntarily left the facility, where they were transported to and when,
how many patients were residents of Port Angeles, how many scholarships had been used,
and verification that no minor persons had been admitted would be included in the reports. 1
Noncompliance issues would be identified and measures to prevent such occurrences. The I
reports will be reasonably detailed to determine compliance with the conditions of approval. ;
Robert Martill, P.O. Box 1934, Port Allgeles, WA responded to questions regarding policy
and procedures. He responded to the question previously posed by commissioners that
patients should be discouraged from bringing vehicles to the center. In the event that anyone
does bring a vehicle to the site, the vehicle would be locked, and the keys surrendered to a
staff member. Additionally, patients would be asked to contact a friend to remove the
vehicle from the site for the duration of treatment. Commissioner Schramm stressed that his .
concern is that having a vehicle on site makes it much easier for a patient to feel that they
have the ability to leave or to store items in the vehicle that prevent effective treatment.
175
I-
I
t:~F():~1Z~~i~~~E~~D?~ji~\!i~:'~i;P:t:.i,\~!~~~~:~~~~~
Ph1MmgCdmmb!hm M~1Ig
SpedaI Meeting" Mny J1. 200D
Pille 4
.
.
AlzheitnGr's,UM on the ~, 't'JUc;b., is' a sim~.I~Wp! of caN center. The building Will not be
outwatd1ycbans~.: '~';'is abeedfot~ffiii '~~:of treatment' 4ebtei'intl1isarea. She
bcdieves tbltthe ~coUdi~~ Ptoposcdwitlthitigate most ifno~;1llofthe conpernS that
, haveitleenra.i$edt.at:publtc hearlltgs,()ntheptop~SAA ' ,
....... ,', '., '.
C9~i$$w~t(ut,addedthat,~cqgtUtiP~"'$nGut~d~~~an1t:on~,~~Co~..u1t..
&omsuol('a~U,se. "'_:le~:l~catio11s_ su.cbtbatsupport of~;FOposal is,tequirod.
. .
.
a.
4. Th$ tr-eatment.center shatl'sewe only aaU1t'p~tients.
. --' "
5. The'U'eattneJ1~ Q@'tF,ahatl otUY':admit patfentawho sw~i:bywrittetl~ffidavtt'that
they' 'have 'nQt,~lt:.l.lVieted ()f~",violcn\,Sc. Pf re19~I','tPPel'tf ,Clime. ,The
tt~ent een~:~;verify thisfufbrmatiOf\'~Y obtain~I~!~~@b~~und'
check as $Oon'd$piicl1oab~inclUding p~S a Wa$hhlgtOn ~_sTC:ttnmina1
Iiistory background check with the Washp.ton StatePl1trpt's WATSM,~lf~ite.Qr
a similar bllQkgroUlUlcCh~, according,wille state. in '.Which thcapJ){iQat1t;'rcsi~,
before admitting an~ patient. Applicants wlltLhlve beenemwict~,;Ofa ,violen4
SG~tt1, or~lot\y property crime shall not be adnUttedor shallnoH'CQivc,' further
treatn1<UU:
6. The treatment center shatl not admit persons with coexisting mental health' and
chemical dependency diagnoses in acc()tdance with the Diagnostic Statistical
Manual, DSM IV.
.
7.
Visitors will be allowed only inside'the facility and only on the weekends 'from 8 am
to S pm.
176
Plallltlllg CoIlUliLrlion Minutes
SpecltlJ Meetillg - MDy J J. 1000
PtIge 5
13.
14.
8.
Apa,ticmt will ~ot be allowed o;u~idethe raeility withoutbeipg ill the company ofa .
staffm.em.berw a onC"UHme ratiCJofpatientsand staffmembers. eteept as may be
n~~satY in the cW$of an.emergonc;y.
9.
. .
B~use hdttl.jssio~-is onwf:C)huita.ry-fintl:apatien~may choo~t()l~ve thepl'Pgrattl
prior to cotu.Ptitio~_ i1\fWldtWJ8WbO:do tto~ $~fu1lYC()tl1plete the treatmen~ .
PtQsram sba1l b~ etth~ drivcttbya staff mCtnb.$" to the aitport or du\Vl1townhu$
trarisfer s~~onorpickcdup by an adult f'amilymembet Grother resp()~ibleparty.
Pati<mts Will be btougl\tjc) andl1i~ up ~m the treatment tenter and will not drive
to andp~ a ve~~atthe~dtlt1.Ortt c.ntor.
10.
11.
. , . . . -. .
. .
. . '.' ,. . , .
'. ".- .. ,"
-.-' ..... . ..-' .
1M ~.CmtWt.:,;Wlll~e:t~;bC$te"~fu Gt:t$unathatat:l~t S%'.4tJhePatJen~
shaUb4~idents2~~~Ang&t~(ZiPi~de)~inCb.tdi4g maldnjfUtauciBlaiCf
availa.bl~:f9r.loeal,.tilfnts. . ". ..' - "
12.
.'
~gCn4ies. The semt.ati~\Ul1 tej&rtwiU ':Usomcltftle a wri~tep()111i'Omthe)Itt~$()ty
board. . ,
Al1StJ~ectedbtcidcnt$ of crlJ:ttinal Oonduct will be promptly reportcdtothti} Port
Angeles Polict)l)~~ and treatment ~terstatrwill<Qouperate with the. .
responding police offi~ bY.'giving written statemeniscmd as otberwise't'G4uested.
Flnaings:
15.
The following findings are bastkion the it1!Qnnation provided in the Aprill!.May 10. May
24~ atid May 31;2000, StaftRepOWl tbr CUP O()..03, 'including altofthe attachmen.ts.
Consideration was also given to the comments and infonnatton presJt\ted duritm~Aprll
12, May 10, and May 24,2000. pUblic hearings, and the PlanningCotnmissiofl'sdi.scUSsiQo
and deliberation. Consequently, the City of Port Angele9 Planning Commission hereby
finds:
1.
The applicant, Highland Courte - Tim Gennan, applied for a conditional use pennit .
to establish a private chemical dependency treatment facility in the RHO zone. The .
application and supplemental infonnation are identified as Attachment B to the April
12, 2000, Staff Report and Attachment B2 to the May 10, 2000. Staff Report for CUP
00-03; 177
.
MEMO
OFFICE OF THE
CITY MANAGER
Michael Quinn
City Manager
[4501]
Sharon "Sam" Martin
Executive
Administrative Assistan
[4500]
Becky J. Upton, CMC
City Clerk /
Management Assistant
. [4634]
Tanya O'Neill
Information Services
[4630]
Robert Coons
Human Resources
Manager
[4511 ]
Timothy Smith
Economic Development
Director
[4804]
Camille Headrick
Human Resources
Assistant
[4510]
'.
, 'i~~ff\~~f~!~~t~~~~,~~~;"'.~.',~<;~~!{t~#~fr~i;~~~\~,\
pORTA,NGBIBS
WAS H I N G TON, U. S., A.
DATE:
June 14,2001
TO: City Manager Quinn, Mayor Doyle and City Council
FROM: Timothy J. Smith, Economic Developmeot Directg:~
,
SUBJECT: Contract for Planning-Only Grant with W A Office of Community
Development for Serenity House Project
SUMMARY and RECOMMENDATION: In partnership with Serenity House, the
City has been awarded a $15,500 Community Development Block Grant (CDBG) to
conduct a planning-only, feasibility study concerning the replacement of the existing
Serenity House Single Adult Homeless Shelter. A grant contract and scope of
work has been prepared between the W A State Office of Community Development
- .
and the City to transmit the grant. We recommend Council authorize the Mayor to
sign the contract between the City and the W A State Office of Community
Develo ment allowin for im lementation of the rant funded feasibili stud.
BACKGROUND! ANALYSIS: In partnership with Serenity House, the City has been
awarded a$15,500 Community Development Block Grant (CDBG)to conduct a planning-
only, feasibility study concerning the potential replacement of the existing Serenity House
Single Adult Homeless Shelter. Serenit)rHouse currently operates a homeless shelter for
homeless adults in Clallam County serving approximately 400 people per year.
The feasibility study's scope of work includes conceptual shelter concept and site
assessment, preliminary environmental review, a cost estimate and a public review of the
results of the study. A contract, which includes the scope of work has been prepared
inorder for a transmittal of the grant funds to the City on the behalf of Serenity House.
Per the grant award and contract, Serenity House will be responsible for the project scope
of work as a Sub-Recipient of the grant.
178
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i
.
.
.
179
\'~-;"~,>'; ,',ie.';f,:~',',.~-;- ,: ~;_~>;:~
Washington State Department of Community, Trade and Economic Development
OFFICE OF COMMUNITY DEVELOPMENT
Community Development Block Grant Program
.
1. GRANTEE NAME/ADDRESS: 2. CONTRACT NUMBER: 3. CONTRACT AMOUNT:
City of Port Angeles . 01-64021-082 $15,500
PO Box 1150
Port Angeles, WA 98362-0217
4. GRANTEE CONTACT PERSON, NAMEfflTLE: 5. CDBG STAFF CONTACT, NAMElTELEPHONE:
Tim Smith, Director of Economic Development Lisa Vatske, (360) 725-3014
6. DATE APPLICATION SUBMITTED: 7. CONTRACT START DATE: 8. CONTRACT END DATE:
2/14/01 4/16/01 10/31/01
9. FUNDING AUTHORITY:
Washington State Department of Community, Trade and Economic Development (hereinafter
known as the "Department"), and U. S. Department of Housing and Urban Development (HUD)
10. STATE AND FEDERAL "BARS" CODE: 11. CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA):
333.14.228 14.228
12. SERVICE AREA: 13. SERVICE AREA (BY COUNTIES): 14. NUMBER OF PAGES IN
(BY LEGISLATIVE DISTRICT): 24th CONTRACT DOCUMENT:
Clallam County 24
(BY CONGRESSIONAL DISTRICT): 5th
15. TIN or SSN: 16. SUBRECIPIENT OR PARTICIPATING ENTITIES:
91-6001266 Serenity House of Clallam County
.
17. PURPOSE FOR AWARDED FUNDS:
COBG Planning-Only Grant funds will be used to complete a feasibility and cost analysis for
replacing the existing single adult shelter in Port Angeles. Serenity House of Clallam County,
currently operates a homeless shelter for homeless adults in Clallam County serving approximately
400 very low-and no income people per year.
IN WITNESS WHEREOF, the Department and Grantee acknowledge and accept the terms of this contract and
attachments hereto and have executed this contract as of the date and year written below. The rights and obligations
of both parties to this contract are governed by this Contract Face Sheet, Contract, Attachment I: Project Summary,
and Attachment II: State and Federal Requirements and Assurances, Attachment III Letter to Incur Costs (if
applicable), and all other documents incorporated herein by reference: Grantee's Application for funding, 2000
Federal Fiscal Year, and the Community Development Block Grant Policies and Procedures, prepared by the
Department.
FOR THE DEPARTMENT: FOR THE GRANTEE:
Steve Wells, Director Signature
Local G9vernment Division
DATE: Michael Quinn, City Manager
APPROVED AS TO FORM ONLY:
Assistant Attornev General (Sianature on file)
Suzanne Shaw DATE:
DATE: Aoril 11. 2000
CONTRACT FACE SHEET
.
.
180
Department Of Community, Trade and Economic Development
OFFICE OF COMMUNITY DEVELOPMENT
Community Development Block Grant Program
PART 1: PREAMBLE
This contract agreement is made and entered into by and between the DEPARTMENT OF COMMUNITY, .
TRADE AND ECONOMIC DEVELOPMENT, OFFICE OF COMMUNITY DEVELOPMENT (the Department), a
department of the State of WashiJ:lgton and the Grantee WITNESS THAT:
The Department has received funds from the U.S. Department of Housing and Urban Development under the
authority of Title I of the Housing and Community Development Act of 1974, as amended, 92 US Code 5301,
with which to implement the State of Washington's Community Development Block Grant Program
Consolidated Plan. The Plan describes the state's objectives for use and distribution of Federal Small Cities
Community Development Block Grant Program funds. The state's grant is subject to the regulations of the
Department of Housing and Urban Development, 24 CFR Part 570, Subpart I. The state's grant and funds
distributed through the program to local governments of the State of Washington, are also subject to the
specific legislation, regulations and policies applicable to the federal program entitled the Small Cities
Community Development Block Grant Program. These laws, regulations and policies are cited and described
in the contract under ATTACHMENT II: STATE AND FEDERAL REQUIREMENTS AND ASSURANCES.
PART 2: PURPOSE OF THE CONTRACT
The Department and the Grantee have entered into this contract to undertake a local project that furthers the
goals and objectives of the Washington State Consolidated Plan. The project will be undertaken by the
Grantee and will include the activities described in ATTACHMENT I: PROJECT SUMMARY which, by this
reference, is hereby incorporated into this contract, and in the application submitted to the Department by the
Grantee and upon which this contract is based. Project activities will be performed to the satisfaction of the
Department and will be undertaken in accordance with the terms, conditions, performances, covenants and
provisions contained in the contract under PART 3: TERMS AND CONDITIONS, PART 4: GRANTEE
CERTIFICATIONS, PART 5: ENVIRONMENTAL REVIEW, PART 6: HISTORICAL AND CULTURAL
ARTIFACTS, PART 7: ENTIRE AGREEMENT, ATTACHMENT I: PROJECT SUMMARY, ATTACHMENT I.'
STATE AND FEDERAL REQUIREMENTS AND ASSURANCES, and ATTACHMENT III: lETTER TO INC
COSTS.
PART 3: TERMS AND CONDITIONS
In consideration of the covenants, conditions, performances and provisions hereinafter contained, the parties
hereto agree as follows:
3.01 Pavment
The Department shall issue warrants to the Grantee for payment of allowable expenses incurred by the
Grantee while undertaking and administering approved project activities in accordance with ATTACHMENT I:
PROJECT SUMMARY. "Approved project activities" shall mean those activities which the Grantee has
accepted as meeting state and federal guidelines for the project. Issuance of warrants to reimburse allowable
expenses shall not be construed as acceptance of the project work nor does warrant issuance create an
agency relationship between the Department and the Grantee.
To request payment of expenses, the Grantee must estimate allowable expenses that can be paid as soon as
administratively feasible after receipt of the state warrant. These expenses must be identified by line-item
categories that correspond to the line-item categories in the approved ATTACHMENT I: PROJECT
SUMMARY, and must be submitted to the Department on a Washington State Invoice Voucher form. The
voucher must also report all funds on hand as of the date of the voucher. Any cash on hand must be
subtracted from the amount of funds requested.to meet cash-flow needs.
Similarly, any program income earned during the reporting period must be deducted from the amount
estimated to meet cash-flow needs. Vouchers shall be mailed to Office of Community Development, local
Government Division, 906 Columbia Street SW, P.O. Box 48350, Olympia, Washington 98504-8350, Atten.."
Bill Prentice, CDBG Project Manager. The Department must review and approve the vouchers before
issuing warrants to the Grantee.
181
.
.
.
'1fi~~~,~J~~()j,~~~}J'.':,\\~~!~,l:~~{tl~~~:'
3.01 continued...
In no event shall the total amount of Federal Smallqties funds paid by the Department to the Grantee for
allowable expenses incurred hereunder exceed thefamount listed on the Face Sheet, exclusive of any program
income or contract amendments. The Grantee must submit the last required performance report prior to
requesting final payment.
3.02 Time of Performance
Activities payable under this con~ract and to be performed by the Grantee under this contract shall commence
on the date listed on the Face Sheet, and shall terminate upon successful completion of the project described
herein, including completion of close-out and audit. This period shall be referred to herein as the "contract
period," unless expressly stated otherwise. Costs incurred during the contract period shall be deemed costs
incurred after the effective date thereof, unless the contract is otherwise conditioned, or the Grantee is
expressly authorized in writing by the Department to incur costs prior to execution of the contract.
3.03 Legal Authoritv
The Grantee certifies that it possesses legal authority to accept grant funds under the State of Washington
Community Development Block Grant Program and to execute the project described in this contract by signing'
the contract document. The Grantee's relation to the Department and the State of Washington shall be at all
times as an independent contractor.
3.04 Waivers
No conditions or provisions of this contract can be waived unless approved by the Department in writing. The
Department's failure to insist upon strict performance of any provision of the contract, or to exercise any right
based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a
waiver of any right under this contract.
3.05 Nonassianabilitv Neither this contract, nor any claim arising under this contract, shall be
transferred or assigned by the Grantee.
3.06 Financial Manaaement and Accountina
The Grantee shall establish and maintain a financial management and accounting system that conforms to
generally accepted accounting principles and complies with 24 CFR Part 85, Subpart C, "Post Award
Requirements"; 24 CFR Part 570.489(e) "Program Income"; and the requirements and standards of OMB
Circular A-8? "Cost Principles for State and Local Governments", which form the basis of the Washington State
Community Development Block Grant Program's financial management requirements.
3.07 Program Income
Program income will be used first by the Grantee before drawing additional funds to complete activities
included in the Project Summary and referenced application. Unanticipated program income shall be used to
increase the overall project budget. Program income will be reported regularly, as requested by the
Department. Program income received after close-out of this contract shall be used to continue the same
activities to benefit low- and moderate-income persons, as described in the close-out performance report.
Records on program income received and expended must be maintained. Program income must be reported
annually, after close-out of the grant if the total amount of program income received in a single year equals or
exceeds $25,000.
Interest earned on federal (CDBG) funds or state funds in excess of $100 shall not be retained by the Grantee.
The Grantee must remit such interest in the case of federal funds to the Department so that it can be returned
to the U.S. Treasury.
3.08 Amendments and Modifications
The Grantee or the Department may request an amendment or modification of this contract. However, such
amendment or modification shall not take effect until approved, in writing, by the Department and the Grantee.
182
3
3.09 Record Keeoina
The Grantee agrees to keep such records as the Department may require. Such records will include
information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities,
outlays and income. They will also include information pertaining to project performance and efforts to comply
with the provisions of the contract. ..
All such records, and all other records pertinent to the grant and work undertaken as part of the project, sha~
be retained by the Grantee for a I?eriod of six years after the final audit of the progr,am, unless otherwise
required by the laws and regulations included in the contract under ATTACHMENT II: STATE AND FEDERAL
REQUIREMENTS AND ASSURANCES. If any claim, litigation, or audit is started before expiration of the six-
year period, the records must be retained until all litigation, claims or audit findings involving the records have
been resolved.
3.10 Access to Records
The Department and duly authorized officials of the state and the federal government shall have full access
and the right to examine, excerpt, or transcribe any pertinent documents, papers, records, and books of the
Grantee and of persons or organizations with which the Grantee may contract, involving transactions related to
the project and this contract.
3.11 Reports
The Grantee, at such times and in such forms as the Department may require, shall furnish periodic reports
pertaining to the activities undertaken pursuant to this contract. These reports may include: regular program
income reports, periodic Applicant/Recipient Disclosure Reports, one Equal Employment Opportunity (EEO)
Report, the final close-out report, the costs and obligations incurred in connection therewith, and any other
matters covered by this contract.
3.12 Acauisition and Disposition of Prooerty and Eauioment
The Grantee agrees to comply with the requirements of 24 CFR Part 85.36 "Procurement,'" or such other
requirements as the Department may prescribe in the acquisition of property and equipment. The Grantee w,
also account for any tangible personal property acquired with grant funds in accordance with 24 CFR Part
85.36(3)(i).
Proceeds from the disposition of real property acquired with grant funds derived after contract close-out shall
be treated as program income under Section 3.07 of this contract.
3.13 Obliaations Reaardina Third-Party Relationships
None of the work specified in this contract shall be subcontracted by the Grantee without prior approval of the
Department. No permission for subcontracting shall create, between the Department or State of Washington
and the subcontractor, any contract or any other relationship.
The Grantee shall' remain fully obligated under the provisions of this contract agreement notwithstanding its
designation of any third party or parties of the undertaking of all or any part of the project described herein.
Any subcontractor that is not the Grantee shall comply with all lawful requirements of the Grantee necessary to
ensure that the project is carried out in accordance with the provisions of this contract agreement.
The Grantee shall bind all subcontractors to each and every applicable contract provision including a provision
that the Department and the State of Washington are not liable for damages or claims from damages arising
from any subcontractor's performance or activities under the terms of the subcontracts.
3.14 Conflict of Interest
No officer or employee of the Department; no member, officer, or employee of the Grantee or its designees or
agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and
no other official of such locality or localities who exercises any functions or responsibilities with respect to the
project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in
.
18~
.
.
.
.,:t1~lr~C'l,~~~;t;1f!\;~m~~~i"f~,~r;s,~~r},'!r;
3.14 continued...
any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project
assisted under this contract agreement.
The Grantee shall include this provision in any subcontracts for work to be performed under this contract.
3.15 Nondiscrimination
During the performance of this contract the Grantee shall comply with all nondiscrimination laws, including, but
not limited to chapter 49.60 RCW.. Washington's Law Against Discrimination, and 42 U.S. C. 12101 et seq, the
Americans with Disabilities Act (ADA). In the event of the.Grantee's noncompliance or refusal to comply with
any non-discrimination law, regulation, or policy, this contract may be rescinded, canceled or terminated in
whole or in part, and the Grantee may be declared ineligible for further contracts with the Department. The
Grantee shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be
resolved in accordance with Section 3.23 dispute procedures set forth herein.
3.16 Political Activitv
No portion of the funds provided hereinunder shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
3.17 Notices
The Grantee shall comply with all public notices or notices to individuals required by applicable state and .
federal laws and shall maintain a record of this compliance.
3.18 Prohibition Aaainst Pavment of Bonus or Commission
The assistance provided under this contract shall not be used in payment of any bonus or commission for the
purpose of obtaining approval of the application for such assistance or any other approval or concurrence
under this contract provided, however, that reasonable fees or bona fide technical consultant, managerial,or
other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project
costs.
3.19 Termination bv Mutual Aareement
This contract may be terminated, in whole or in part, when both parties agree that continuation is not feasible or
would not produce beneficial results comm~.nsurate wit.h the further expenditure of funds. The Department will
determine whether an environmental review of the cancellation is required. The parties must agree on the
termination conditions, including effective date and the portion to be terminated. The Grantee shall not incur
new obligations for the terminated portion after the effective date, and shall cancel as many outstanding
obligations as possible. The Department shall make funds available to the Grantee to pay for allowable
expenses incurred before the effective date of termination.
3.20 Termination of Contract
A. If, through any cause, the Grantee shall fail to fulfill in a timely and proper manner its obligations under
this contract or if the Grantee shall violate any of its covenants, agreements, or stipulations, the
Department shall thereupon have the right to terminate this contract and withhold the balance of state
funding if such default or violation is not corrected within twenty (20) days after the Department submits
written notice to the Grantee describing such default or violation.
B. Not withstanding any provisions of this contract, either party may terminate this contract by providing
written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to
such date.
C. Reimbursement for Grantee work performed, and not otherwise paid for by the Department prior to the
effective date of such terminations, shall be as the Department reasonably determines.
184
5
3.21 Withdrawal of Funds
The Department may unilaterally terminate all or part of this contract, or may reduce its scope of work and
budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this
contract.
3.22 Recovery of Funds .
In the event of a default or violation of the terms of the contract by the Grantee, the Department may institute
actions to recover all or part of the- project funds paid to the Grantee. Repayment by the Grantee of contract
funds under this recovery provision shall occur within 30 days of demand.
3.23 Disoutes
Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this
agreement that is not disposed of by contract shall be decided by the Department, which shall reduce its
decision to writing and shall furnish a copy thereof, to the Grantee. The decision of the Department shall be
final and conclusive.
This "Disputes" clause does not preclude the consideration of questions of law in connection with the decision
provided for in the preceding paragraph provided that nothing in this contract shall be construed as making final
the decisions of any administrative official, representative, or board on a question of law.
3.24 Jurisdiction
This contract shall be governed by the law and statutes of the State of Washington. The venue of any action
hereunder shall be in the Superior Court for Thurston County, Washington.
3.25 Indemnification
It is understood and agreed that this contract is solely for the benefit of the parties to the contract and gives no
right to any other party. No joint venture or partnership is formed as a result of this contract.
The Grantee, its successors or assigns, will protect, save and hold harmless the Department and the State of
Washington and their authorized agents and employees, from all claims, actions, costs, damages or expenses
of any nature whatsoever by reason of the acts or omissions of the Grantee, its subcontractors, assigns, .
agents, contractors, licensees, invitees, employees or any person whomsoever arising out of or in connecti
with any acts or activities authorized by this contract. The Grantee further agrees to defend the Department
and the State of Washington and their authorized agents and employees in any litigation, including payment of
any costs or attorney's fees for any claims or action commenced thereon arising out of or in connection with
acts or activities authorized by this contract.
This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole
negligence of the Department or the State of Washington or their authorized agents or employees: Provided,
that if the claims or damages are caused by or result from the concurrent negligence of (1) the Department and
the State of Washington and their agents or employees, and (2) the Grantee, its agents, or employees, this
indemnity provision shall be valid and enforceable only to the extent of the negligence of the Grantee, or
Grantee's agents or employees.
3.26 Ownershio of Proiect/Caoital Facilities
The Department makes no claim to any capital facilities or real property improved or constructed with funds
under this contract, and by this grant of funds does not and will not acquire any ownership interest or title to
such property of the Grantee. The Grantee shall assume all liabilities arising from the ownership and operation
of the project and agrees to hold the Department and the State of Washington harmless from any and all
causes of action arising from the ownership and operation of the project.
3.27 Severabilitv
If any provision under this contract agreement or its application to any person or circumstances is held invalid
by any court of rightful jurisdiction, this invalidity does not affect other provisions of the contract agreement
which can be given effect without the invalid provision.
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18!l
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.
3.28 Performance
The Department's failure to insist upon the strict performance of any provision of this contract or to exercise
any right based upon breach thereof or the acceptance of any performance during such breach, shall not
constitute a waiver of any rights under this contract.
. 3.29 Audit
Audits of the grant will be conducted by the Municipal Division of the State Auditor's Office in accordance with
any guidelines the Department mSlY prescribe. The Grantee is responsible for submitting a copy of the audit to
the Department within 30 days of the Grantee's receipt of the audit report from the State Auditor's Office.
Payment for the audit shall be made by the Grantee. An explanation of any questioned costs must be sent to
the Department by the Grantee within 30 days of the Grantee's receipt of the audit report.
The Department reserves the right to recover from the Grantee disallowed costs identified in the final audit.
The recovery provision set forth in Section 3.22 Recovery of Funds shall be applicable to this section as well.
3.30 Insurance
The Grantee shall cause its subcontractors to secure regular Public Liability and Property Damage Insurance
Coverage in the amount of $100,000 for death or injury to anyone person and $300,000 for death or injury to
two or more persons in anyone occurrence and $50,000 for Property Damage in anyone occurrence with any
aggregate Property Damage coverage of $100,000 for two or more occurrences from an insurance company
authorized to do business in the state of Washington. The Grantee shall provide that cancellation or lapse of
the required insurance prior to subcontract completion shall be a material breach of the subcontract and cause
for subcontract termination. The Grantee shall require the subcontractor to provide a 30-day notice of
cancellation issued by the insurance company.
3.31 Subcontracts for Enaineerina Services
In the event that the Grantee subcontracts for engineering services, the Grantee will require that the
engineering firm certify that it is authorized to do business in the state of Washington and that the firm is in full
compliance with the requirements of the Board of Professional Registration.
The Grantee shall require that the engineering firm be covered by errors and omissions insurance in an
amount not less than the amount of the firm's subcontract. If the firm is unable to obtain errors and omissions
insurance, the firm shall post a bond with th~ Grantee for the benefit of the Grantee for not less than the
amount of its subcontract. Such insurance or bond shall 'remain in effect for the entire term of the subcontract.
The subcontract shall provide that cancellation or lapse of the bond or insurance during the term of the
subcontract shall constitute a material breach of the subcontract and cause for subcontract termination.
Grantee shall cause the subcontractor to provide it with a 30-day notice of cancellation issued by the insurance
company.
In the event that the engineering firm is also the project administrator, the Grantee shall require that the bond or
insurance shall be for not less than the amount of the entire CDBG project.
3.32 Close-out
The Department will advise the Grantee to initiate close-out procedures when the Department determines, in
consultation with the Grantee, that there are no impediments to close-out and that the following criteria have
been met or soon will be met:
A. All costs to be paid with grant funds have been incurred with the exception of close-out costs and any
unsettled third-party claims against the Grantee. Costs are incurred when goods and services are
received or contract work is performed.
B. The final Grantee Close-out Performance Report has been submitted after conducting a final public
hearing to review program performance. The Grantee's failure to submit a report will not preclude the
Department from effecting close-out if it is deemed to be in the state's interest. Any excess grant
amount that may be in the Grantee's possession shall be returned by the Grantee in the event of the
Grantee's failure to finish or update the report.
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3.32 continued...
C. Other responsibilities of the Grantee under this contract agreement and any close-out agreement and
applicable laws and regulations appear to have been carried out satisfactorily or there is no further sa
interest in keeping the grant open for the purpose of securing performance.
PART 4: GRANTEE CERTIFICATIONS
By executing this contract, the Grantee certifies that:
4.01 It will minimize displacement as a result of activities assisted with CDBG funds; and is following a
Residential Anti-displacement and Relocation Assistance Plan;
4.02 It will conduct and administer its program in conformance with Title VI, of the Civil Rights Act of 1964
and the Federal Fair Housing Act, of the Civil Rights Act of 1968 and affirmatively further fair housing;
4.03 It will provide opportunities for citizen participation comparable to the state's requirements (those
described in Section 1 04(a)(2) of Title I of the Housing and Community Development Act of 1974, as
amended in 1992); and
4.04 It will not use assessments or fees to recover the capital costs of CDBG-funded public improvements
from low- and moderate-income owner-occupants.
4.05 It has adopted and is enforcing a policy of prohibiting the use of excessive force by law enforcement
agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations;
and enforcing applicable state and local laws against physically barring entrance to or exit from a facility
or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction.
4.06 It will ensure:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Feder.
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract,grant, loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions:
C. The above provisions will be met if the grant award from the Department exceeds $100,000 and will
further ensure that their provisions are included in any subgrant, contract, and subcontracts exceeding
$100,000 of grant funds.
4.07 Certification regarding debarment, suspension, or ineligibility (24 CFR, Part 510)
A. The Grantee certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in transactions by any Federal
department or agency.
B. If the Grantee is unable to certify to any of the statements in this certification, the Grantee shall attach
an explanation to this contract document.
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PART 5: ENVIRONMENTAL REVIEW
5.01 Environmental Review and ReQuest for Release of Funds for General Purpose. Communitv
Investment Fund. and Housina Enhancement Grants
-{'''\':~'' (?:{\\'i",~:'t.?~ 'f;:i~
For General Purpose, Community Investment Fund, and Housing Enhancement Grants onlv, funding in excess
of the amount stipulated in ATTACHMENT III: LETTER TO INCUR COSTS, shall not be released to a General
Purpose, Community Investment Fund or Housing Enhancement Grantee by the Department until the following
condition is met:
The Grantee must prepare an environmental assessment of the project and make a finding of environmental
impact. A notice of this finding must be published along with a notice of the Grantee's intent to request release
of funds for the project unless the project is exempt from the publication requirements as described. The
Grantee must allow a fifteen (15) day period for public review and comment following publication of the notices
unless exempt of the National Environmental Policy Act and the State Environmental Policy Act. When this
review and comment period expires, the Grantee may, after considering any comments received, submit a
request for release of funds to the Department. Upon receipt of the request, the Department must allow a
fifteen (15) day period for public review and comment. When the Department's public review and comment
period expires, the Department may, after considering any comments received, formally notify the Grantee in
writing of the release of federal funds for the project.
This special condition is satisfied when the Grantee completes the environmental review and request for
release of funds from the Department. The special condition is effectively removed on the date the Department
provides the Grantee with written notice of release of funds.
5.02 Environmental Review and Assessment Process Exemption for Imminent Threat Grants
Funding shall not be released to an Imminent Threat Grantee until the following condition is met:
The Grantee assures that assisted activities are for temporary or permanent improvements limited to the
protection, repair or arrest of imminenL.threats to public health and safety or physical deterioration. The
Grantee further assures that assisted activities will result in either no change or minimal change in the
environmental conditions that existed prior to the emergency. In addition, the Grantee assures it will document,
in writing, its determination that each activity or project is exempt and meets the conditions specified for such
exemption under Section 58.34 of 24 CFR, Environmental Review Procedures for Title I Community
Development Block Grant Programs. In cases where Grantees must take action immediately, or within a time
too short to allow full compliance with SEPA, to avoid an imminent threat to public health or safety, to prevent
an imminent danger to public or private property, or to prevent an immediate threat of serious environmental
degradation, such actions are exempt from SEPA pursuant to WAC 197-11-880.
5.03 Environmental Review and Exemption Assessment Process for Planning-Onlv and Public
Service Grants
Funding shall not be released to a Planning-Only (POG) or Public Service (PS) Grant recipient until the
following conditions are met:
The Grantee assures that assisted activities are exempt under the National Environmental Policy Act (24 CFR
58.32) and categorically exempt under the Washington State Environmental Policy Act (RCW 43.21 C.11 0).
The Grantee further assures that the activities do not come under the purview of any other federal, state, and
known local environmental laws, statutes, regulations or executive orders. In addition, the Grantee assures it
will document, in writing, its determination that each activity or project is exempt and meets the conditions
specified for such exemption under (NEPA) 24 CFR Part 58.34.3 (for POG) or Part 58.34.9 (for PS) and
(SEPA) WAC 197-11-800 (for POG) or WAC 197-11-305 (for PS).
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PART 6:
HISTORICAL AND CULTURAL ARTIFACTS
The Grantee agrees that if historical or cultural artifacts are discovered during construction, the Grantee shall
immediately stop construction and notify the local historical preservation officer and the state's historical
preservation officer at the Washington State Office of Archeology and Historic Preservation.
PART 7:
ENTIRE AGREEMENT
.
.
This agreement consisting of 24 pages, contains all terms and conditions agreed to by the Department and the
Grantee. The attachments to this agreement are identified as follows:
ATTACHMENT I: PROJECT SUMMARY, consisting of a Project Description and Project Goals on one
~, and Project Activities, Schedule, and Budget on two paaes, for a total of three paaes.
ATTACHMENT II: STATE AND FEDERAL REQUIREMENTS AND ASSURANCES
ATTACHMENT III: LETTER TO INCUR COSTS (if applicable)
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loA
5 ATTACHMENT 1- 2000 PROJECT SUMMARY
Grantee: CITY OF PORT ANGELES
Contract No. F-00-64020-082
Section A: Brief Description
The City of Port Angeles is awarded a $15,500 CDBG Planning-Only Grant to complete a feasibility and cost analysis for replacing the
existing single adult shelter in Port Angeles. Serenity House of Clallam County, currently operates a homeless shelter for homeless adults in
Clallam County serving approximately 400 very low-and no income people per year. Serenity House of Clallam County, as Sub-Recipient
and as the existing operator ofthe shelter, will be responsible for the scope of work. The total project is $24,310 with in-kind contributions
from the Sub-recipient totaling $8,810.
Section B: Goals/Expected Results/Products
Budget Category Line Item Goals/Expected ResultslProducts
2lA General Program 2lA General Program . Satisfy all requirements for the proper handling and distribution of CDBG funds
Admin. Admin. targeted to this project.
. Establish and maintain administrative point of contact and program administration
procedures, record keeping and financial management systems in accordance with
federal and state CDBG requirements.
. Compile, complete, and submit all necessary CDBG reports, as requested.
. Ensure compliance with all state and federal regulations and procedures.
.
20 Planning-Only 20 Planning-Only . Complete a feasibility and cost analysis for replacing the existing single adult
shelter in Port Angeles.
11
ATTACHMENT 1- 2000 PROJECT SUMMARY
Grantee: CITY OF PORT ANGELES
Contract No. F-OO-64020-082
Section C: Project Schedule and Budget
Budget Category Line Item Project Activities Schedule Budget
Amount
21 A General Program 21 A General Program . Execute contract with CTED. 6/01 $0
Admin. Admin. Establish and maintain administrative, financial, reporting, Ongoing
.
and record keeping systems.
. Complete applicable civil rights requirements. 6/01
. Submit a CDBG Grantee Close-out Performance Report. 1 % 1
20 Planning-Only 20 Planning-Only . Conduct environmental review and prepare environmental 6/01 $15,500
review record.
. Advertise and select professional services; send to MWBE. 6/01
. Select Consultant! Architect 6/01
. Develop shelter concept 6/01-8/01
. Assess feasibility of new construction and develop costs 6/01-8/01
. Further develop concept based on cost estimate 8/01
. Develop Site.assessment 6/01-8/01.
. Evaluation/review of plan and progress 7/01
. Develop Final Report 8/01
. Conduct Public Hearing to review results 9/01
Total $15,500
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to
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r\J ATTACHMENT 1- 2000 PROJECT SUMMARY
Grantee: CITY OF PORT ANGELES
Contract No. F-00-64020-082
Section D: Final Product
Complete a feasibility and cost analysis for replacing the existing single adult shelter in Port Angeles.
13
ATTACHMENT II: STATE AND FEDERAL REQUIREMENTS AND ASSURANCES
The Grantee assures compliance with the following laws, regulations and requirements as they pertain to the.
design, implementation and administration of the approved local project. .
AII.01 Public Law 88-352. Title VI of the Civil Riahts Act of 1964 (42 U.S.C. 2000d et sea.) (24 CFR
Part 1)
The Grantee must comply with the provisions of "Public Law 88-352," which refers to Title VI of the Civil Rights
Act of 1964 (42 U.S.C. 2000d etseq.). The law provides that no person in the United States shall, on the
grounds of race, color or national origin, be denied the benefits of, be excluded from participation in, or be
subjected to discrimination under any program or activity receiving federal financial assistance.
AII.02
Public Law 90-284. Title VIII of the Civil Riahts Act of 1968 (42 U.S.C. 3601 et sea.), commonlv
referred to as the Federal Fair Housing Act. as amended bv the Fair Housina Amendments Act
of 1988 (P.L. 100-430)
The Grantee shall comply with the provisions of the Federal Fair Housing Act. The law states that it is the
policy of the United States to provide, within constitutional limitation, for fair housing throughout the United
States and prohibits any person from discriminating in the sale or rental of housing, the financing of housing or
the provisions of brokerage services, including in any way making unavailable or denying a dwelling to any
person, because of race, color, religion, sex, familial status, national origin or handicap. The Grantee must also
administer programs and activities relating to housing and urban development in a manner that affirmatively
promotes fair housing and furthers the purposes of the Federal Fair Housing Act, as amended.
AII.03
Executive Order 11063. As Amended bv Executive Order 12259 (24 CFR Part 107)
The Grantee must comply with the provisions of Executive Order 11063, as amended by Executive Order
12259, which directs the Grantee to take all action necessary and appropriate to prevent discrimination
because of race, color, religion, creed, sex or national origin; in the sale, leasing, rental and other diSPoSiti.
residential property and related facilities (including land to be developed for residential use); or in the us
occupancy thereof if such property and related facilities are, among other things, provided in whole or in part
with the aid of loans, advances, grants or contributions from the federal government.
AII.04
Section 109 of the Housina and Community Develooment Act of 1974. As Amended throuah
1992
The Grantee must comply with the provisions of Section 109 of the Housing and Community Development Act
of 1974, as amended through 1992, which require that no person in the United States shall on the grounds of
race, religion, color, national origin or sex be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part with federal Community
Development funds made available pursuant to Title I of the Act.
AII.OS Section 104 (b) 4 of the Housina and Community Develooment Act of 1974. As Amended
throuah 1992
The Grantee must comply with the provisions of Section 104 (b) 4 of the Housing and Community Development
Act of 1974, as amended through 1992, which requires that the Grantee will identify its community
development and housing needs, including the needs of low- and moderate-income persons and the activities
to be undertaken to meet such needs.
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AI 1.06 Section 104 (d) of the Title I of the 'Housina and Community Development Act of 1974. As
Amended throuah 1992.
The Grantee must comply with the provisions of Section''1'04'(d) of the Housing and Community Development
Act of 1974, as amended through 1992, which require that the Grantee will adopt, make public and certify to
the State that it is following a "resJdential anti-displacement and relocation assistance plan." The plan must: (1)
provide for one-for-one replacement of low- to moderate-income dwelling units demolished or converted to use
other than low- to moderate-income housing as a direct result of the use of CDBG assistance; (2) provide for
relocation assistance; and (3) describe steps to minimize displacement.
(
AII.07 Section 104 (I) of the Housina and Community Development Act of 1974. as Amended through
1992. Protection of Individuals Enaaaed in Nonviolent Civil Riahts Demonstration
The Grantee must comply with the provisions of Section 104 (I) of the Housing and Community Development
Act of 1974, as amended through 1992, which requires that the Grantee must adopt and enforce a policy of
prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals
engaged in nonviolent civil rights demonstrations; and it must adopt and enforce, a policy of enforcing
applicable state and local laws against physically barring entrance to or exit from a facility or location which is
the subject of such non-violent civil rights demonstration within its jurisdiction.
AltOS Aae Discrimination Act of 1975. As Amended (42 U.S.C. 6101 et sea.)
The Grantee shall comply with the Age Discrimination Act of 1975, as amended, which p'rovides that no person
shall be excluded from participation, denied program benefits or subjected to discrimination on the basis of age
under any program or activity receiving federal assistance.
Alt09 Section 504 of the Rehabilitation Act of 1973. As Amended (29 U.S.C. 794)
The Grantee must comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides that
no otherwise qualified individual shall; solely by reason of his or her handicap, be excluded from participation
(including employment), denied program benefits, or be subjected to discrimination under any program or
activity receiving federal assistance funds.
Public Law 101-336. Title II of the Americans with Disabilities Act of 1990. 42 U.S.C. Section
12101 et. sea.
The Grantee must comply with the provisions of Section 202 of the Americans with Disabilities Act which states
that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in
or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to
discrimination by any such entity.
AII.11 Section 3 of the Housina and Urban Development Act of 1968 (12 U.S.C. 1701u) (24 CFR Part
135) ,
AII.10
The Grantee shall comply with the provisions of Section 3 of the Housing and Urban Development Act of 1968
which require, in connection with the planning and carrying out of any project assisted under the Act, to the
greatest extent feasible, that opportunities for job training, employment, and contracting opportunities be given
to lower-income persons residing within the unit of local government or the non-metropolitan county in which
the project is located, and contracts for work in connection with the project be awarded tc,> eligible business
concerns that are located in, or owned in substantial part by persons residing in the project area. The Grantee
must assure good faith efforts toward compliance with the statutory directive of Section 3.
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AII.12 Executive Order 11246. As Amended bv Executive Order 11375
The Grantee must comply with Executive Order 11246, as amended, which applies to all federally ass.'
construction contracts and subcontracts. The Grantee and subcontractors, if any, shall not discriminate ag
any employee or applicant for employment because of race, color, religion, sex or national origin. The Grantee.
and subcontractors, if any, shall take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, religion, sex or national origin.
Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rate of payor other forms of compensation; and
selection for training, including apprenticeship.
The Grantee and subcontractors must post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this nondiscrimination clause. For contracts
over $10,000 the Grantee and subcontractors will send to each applicable labor union a notice of the above
requirements, the Grantee and subcontractors, if any, will comply with relevant rules, regulations and orders of
the U.S. Secretary of Labor. The Grantee or subcontractor will make their books and records available to state
and federal officials for purposes of investigation to ascertain compliance.
AII.13 Davis-Bacon Act. As Amended (40 U.S.C. 276a)
The Grantee shall comply with the provisions of the Davis-Bacon Act, as amended. This Act mandates that all
laborers and mechanics be paid unconditionally and not less often than once a week, and without subsequent
deductions, the full amounts due at the time of payments, computed at wage rates not less than those
contained in the wage determination issued by the U.S. Department of Labor. Weekly certified payrolls are
required to be submitted to the federally funded recipient by the contractor. These requirements apply to
rehabilitation of residential property only if such property is designed for residential use for eight or more
families.
AII.14 Cooeland Act (Anti-Kickback Act) (40 U.S.C. 276c)
The Grantee shall comply with the Copeland Act, which makes it a criminal offense for any person to induc.
any manner whatsoever, any other person employed in the construction, prosecution, completion, or rep
any public building, or work financed in whole or in part by loans or grants from the United States, to give up
. any part of the compensation to which he or she is entitled under his or her contract of employment.
Compensation shall consist of wages and approved fringe benefits.
AII.15 Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et sea.)
The Grantee shall comply with the provisions of the Contract Work Hours and Safety Standards Act. According
to this Act, no contract work may involve or require laborers or mechanics to work in excess of 40 hours in a
work week, unless compensation of not less than one and one-half times the basic rate is paid for the overtime
hours. If the Act is violated, the contractor or subcontractor is liable to any affected employee for unpaid
damages as well as to the United States for liquidated damages. These requirements apply to rehabilitation of
residential property only if such property is designed for residential use for eight or more families.
AII.16 The National Environmental Policv Act of 1969 (NEPA) (42 U.S.C. Section 4321 et sea.. and 24
CFR Part 58)
The Grantee shall comply with the provisions of the National Environmental Policy Act of 1969. The purpose of
this Act is to attain the widest use of the environment without degradation, risk to health or safety, or other
undesirable and unintended consequences. Environmental review procedures, including determining and
publishing a Finding of Significance or of No Significance for a proposal, are a necessary part of this process.
Pursuant to these provisions, the Grantee must also submit environmental certifications to the Department
when requesting that funds be released for the project. The Grantee must certify that the proposed project will
not significantly impact the environment and that the Grantee has complied with environmental regulations and
fulfilled its obligations to give public notice of the funding request, environmental findings and compliance
performance.
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AIl.17 The Clean Air Act. As Amended (42 U.S.C. 7401 et sea.)
The Grantee shall comply with the Clean Air Act, which prohibits (1) engaging in, (2) supporting in any way or
providing financial assistance for, (3) licensing or permitting, or (4) approving any activity which does not
conform to the state implementation plan forl1i3tural primc:l.Q',i3q~ secondary ambient air quality standards. The
Grantee shall ensure that the facilities under its ownership, iease or supervision which shall be utilized in the
accomplishment of the program are not listed on the U.S. Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will potity the Agency of the receipt of any communication from the Director of the
EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for
listing by EP A.
AII.18 HUD Environmental Criteria and Standards (24 CFR Part 51)
The Grantee shall comply with HUD noise abatement and control standards, which prohibit HUD support for
most new construction of noise-sensitive uses on sites having unacceptable noise exposure. HUD assistance
for the construction of new noise-sensitive uses is prohibited in general for projects with unacceptable noise
exposures and is discouraged for projects with normally unacceptable noise exposure.
AII.19 Executive Order 11990. Mav 24.1977: Protection of Wetlands (42F.R. 26961 et sea.)
The Grantee shall comply with Executive Order 11990. The intent of this Executive Order is (1) to avoid, to the
extent possible, adverse impacts associated with the destruction or modification of wetlands and (2) to avoid
direct or indirect support of new construction in wetlands wherever there is a practical alternative.
The Grantee, to the extent permitted by law, must avoid undertaking or providing assistance for new
construction located in wetlands unless (1) there is no practical alternative to such construction and (2) the
proposed action includes all practical measures to minimize harm to wetlands which may result from such use.
In making this determination, the Grantee rnay take into account economic, environmental and other pertinent
factors.
AII.20 The Wild and Scenic Rivers Act of 1968. As Amended (16 U.S.C. 1271 et sea.)
The Grantee shall comply with the Wild and Scenic Rivers Act. The purpose of this Act is to preserve selected
rivers or sections of rivers in their free'::f1owing condition, to protect the water quality of such rivers and to fulfill
other vital national conservation goals. Federal assistance by loan, grant~ license, or other mechanism cannot
be provided to water resources constructiol"l projects thatwould have a direct and adverse effect on any river
included or designated for study or inclusio~'in the National Wild and Scenic River System. .
AII.21 Executive Order 11988. Mav 24.1977: Floodolain Management (42 F.R. 26951 et sea.)
The Grantee shall comply with the provisions of Executive Order 11988. The intent of this Executive Order is
to (1) avoid, to the extent possible, adverse impacts associated with the occupancy and modification of
floodplains and (2) avoid direct or indirect support of floodplain development wherever there is a practical
alternative. If the Grantee proposes to conduct, support or allow an action to be located in a floodplain, the
Grantee must consider alternatives to avoid adverse effects and incompatible involvement in the floodplain. If
siting in a floodplain is the only practical alternative, the Grantee must, prior to taking any action, (1) design or
modify its actions in order to minimize any potential harm to the floodplain and (2) prepare and circulate a
notice containing an explanation of why the action is proposed to be located in a floodplain.
AII.22 Coastal Zone Manaaement Act of 1972. As Amended (16 U.S.C. 1451 et sea.) ,
The Grantee shall comply with the Coastal Zone Management Act of 1972, as amended. The intent of this is to
preserve, protect, develop; and where possible, restore or enhance the resources of the nation's coastal zone.
Federal agencies cannot approve assistance for proposed projects that are inconsistent with the state's
Coastal Zone Management program except upon a finding by the U.S. Secretary of Commerce that such a
project is consistent with the purpose of this chapter or necessary in the interests of national security.
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AII.23 The Endanaered Soecies Act of 1973. As Amended (16 U.S.C. 1531 et sea.)
The Grantee shall comply with the Endangered Species Act of 1973, as amended. The intent of this Act i.
ensure that all federally assisted projects seek to preserve endangered or threatened species. Fede
authorized and funded projects must not jeopardize the continued existence of endangered and threatened
species or resultin the destruction of or modification of habitat of such species which is determined by the U.S.
Department of the Interior, after consultation with the State, to be critical.
AII.24 The Reservoir Salvaae Act of 1960. As Amended bv the Archaeoloaical and Historic
Preservation Act of 1974 (16 U.S.C. 469 et sea.)
Under the Reservoir Salvage Act, the Grantee must comply with provisions for the preservation of historical
and archaeological data (including relics and specimens) that might otherwise be irreparably lost or destroyed
as a result of any alteration of the terrain caused as a result of any federal construction project or federally
licensed activity or program. Whenever any federal agency finds, or is notified in writing by an appropriate
historical or archaeological authority, that its activities in connection with any federal construction project or
federally licensed project, activity or program may cause irreparable loss or destruction of significant scientific,
prehistoric, historical or archaeological data, the federal agency must notify the U.S. Secretary of Interior in
writing and provide appropriate information concerning the project or program activity.
AII.25
The Safe Drinkina Water Act of 1974. As Amended (42 U.S.C. Section 201. 300m et sea.. and
U.S.C. Section 349)
The Grantee must comply with the Safe Drinking Water Act, as amended, which is intended to protect
underground sources of water. No commitment for federal financial assistance, according to this Act, shall be
entered into for any project which the U.S. Environmental Protection Agency determines may contaminate an
aquifer that is the sole or principal drinking water source for an area.
AII.26
The Federal Water Pollution Control Act of 1972 As Amended includin the Clean Water A
1977. Public Law 92-212 (33 U.S.C. Section 1251 et sea.)
The Grantee must assure compliance with the Water Pollution Control Act, as amended, which provides for the
restoration of chemical, physical and biological integrity of the nation's water.
AII.27 The Solid Waste Disoosal Act. As Amended bv the Resource Conservation and Recoverv Act of
1976 (42 U.S.C. Section 6901 et sea.)
The Grantee must assure compliance with the Solid Waste Disposal Act, as amended. The purpose of this Act
is to promote the protection of health and the environment and to conserve valuable material and energy
resources.
AII.28
The Fish and Wildlife Coordination Act of 1958. As Amended (16 U.S.C. Section 661 et sea.)
The Grantee .must assure compliance with the Fish and Wildlife Coordination Act, as amended. The Act
assures that wildlif~ conservation receives equal consideration and is coordinated with other features of water
resources development programs.
AII.29
The National Historic Preservation Act of 1966 (16 U.S.C. 470)
Prior to undertaking any activity under this contract, the Grantee shall evaluate the effects of the activity on any
district, site, building structure and object listed in, or eligible for, the National Register of Historic Places; and
shall give the Department's Office of Archaeology and Historical Preservation a reasonable opportunity to
comment on the proposed activity.
.
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AII.30 The Archaeoloaical and Historical Data Preservation Act of 1974 (16 U.S.C. 469 a-1 et sea.)
. The Grantee shall comply with the ArchaE!ol()gipal and His,torigal Data Preservation Act, which provides for the
preservation of historic and archaeological information that' would be lost due to development and construction
activities as a result of federally funded activities.
AII.31 Executive Order 11593. Protection and Enhancement of the Cultural Environment. Mav 13.
1971 .
The Grantee shall assure that plans for federally funded projects contribute to the preservation and
enhancement of sites, structures and objects of historical, architectural or archaeological significance.
.
Title II and III of the Uniform Relocation Assistance and Real Property Acauisition Policies Act of
1970 (42 U.S.C. 4630) as Amended in 1989
The Grantee shall comply with Sections 301 and 302 of Title III (Uniform Real Property Acquisition Policy) of
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended in 1989,
and will comply with .Sections 303 and 304 of Title III, and HUD implementing instructions contained in 24 CFR
Part 42. The Grantee shall inform affected persons of their rights and the acquisition policies and procedures
set forth in the regulations of 24 CFR, Part 42 and 24 CFR 570.496(a). The Grantee shall comply with Title II
(Uniform Relocation Assistance) of the Uniform Relocation Assistance and Real Property Acquisition Act of
1970, as amended in 1989, and HUD implementing regulations of 24 CFR Part 42 and 24 CFR 570.496(a)
which requires the Grantee to certify that it is following a "residential anti-displacement and relocation
assistance plan." The plan must contain two components-a requirement to replace all low- to moderate-
income dwelling units that are demolished or converted to a use other than low- to moderate-income housing
as a direct result of the use of CDBG assistance and a relocation assistance component. The grantee must
provide relocation payments and offer relocation assistance as described in Section 205 of the Uniform
Relocation Assistance Act to all persons displaced as a result of acquisition of real property for an activity
assisted under the Community Development Block Grant program. Such payments and assistance shall be
provided in a fair, consistent and equitable manner that ensures that the relocation process does not result in a
different or separate treatment of such persons on account of race, color, religion, national origin, familial
status, handicap, sex, or sources of income:'
AII.32
The Grantee shall assure that, within a reasonable period of time prior to displacement, decent, safe, and
sanitary replacement dwellings will be available to all displaced families, individuals, businesses, nonprofit
organizations, and farms and that the range of choices available to such persons will not vary on account their
race, color, religion, national origin, familial status, handicap, sex, or source of income. I
AII.33 Title IV of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4831b)
The Grantee shall comply with the provisions of Title IV of the Lead-Based Paint Poisoning Prevention Act (42
U.S.C. 4831b), which prohibits the use of lead-based paint in residential structures constructed or rehabilitated
with federal assistance of any kind.
AII.34
U.S. Office of Manaaement and Budaet Circular A-87. Princioles for Determining Costs
Applicable to Grants and Contracts with State. Local and Federallv Recoanized Native American
Tribal Governments
The Grantee shall comply with the guidelines of Federal Circular A-87, which sets forth principles and
standards for determining the costs allowable under grants and contracts involving federal funds.
.
19
198
AII.35 Administrative ReQuirements for Grants and Coocerative AQreements to State and Local
Governments (24 CFR. Part 85)
The Grantee shall co~ply with the requirements of 24 CFR, Part 85, or any equivalent procedures . .
requirements that the state may prescribe. This forms the basis for a number of specific requirements on the
financial management and record- keeping of CDBG funds. Cash depositories, bonding and insurance, record
keeping, program income, property management, procurement, close-out, audit and other requirements.
AII.36 Federal Audit ReQuirements (OMB Revised Circular A-133)
Grantees expending $300,000 or more in federal funds from all sources, direct and indirect, are required to
have an audit conducted in accordance with the Office of Management and Budget (OMB) Revised Circular A-
133.
Grantees required to have an audit must ensure the audit is performed in accordance with Generally Accepted
Auditing Standards (GAAS); Government Auditing Standards (the Revised Yellow Book) developed by the
Comptroller General and the OMB Compliance Supplement.
The Grantee has the responsibility of notifying the State Auditor's Office and requesting an audit. Costs of the
audit may be an allowable grant expenditure.
The Grantee shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure
that any subrecipients also maintain auditable records.
The Grantee is responsible for any audit exceptions incurred by its own organization or that of its subrecipients.
Responses to any unresolved management findings and disallowed or questioned costs shall be included with
the audit report. The Grantee must respond to Department requests for information or corrective action
concerning audit issues within 30 days of the date of request. The Department reserves the right to recover
from the Grantee all disallowed costs resulting from the audit.
The Grantee must send a copy of the audit report no later than nine (9) months after the end of the Grant.
fiscal year(s) to:
Department of Community Trade and Economic Development
906 Columbia Street SW
PO Box 48300
Olympia W A 98504-8300
ATTN: Audit Review Office
In addition to sending a copy of the audit, the Grantee must include a corrective action plan for any audit
findings and a copy of the management letter if one was received.
The Grantee shall include the above audit requirements in any subcontracts.
AI1.37 PrevailinQ WaQes on Public Works. Chacter 39.12 RCW
The Grantee shall comply with the provisions of Chapter 39.12 RCW, Prevailing Wages on Public Works. This
statute mandates that the prevailing rate of wage, as determined by the state Department of Labor and
Industries, be paid to workers performing under public works contracts.
AII.38
Relocation Assistance and Real Procertv ACQuisition Policv. Chacter 8.26 RCW
The Grantee shall comply with the provisions of Chapter 8.26 RCW and Chapter 365-24 WAC when its
activities involve any acquisition of real property assisted under this contract or the displacement of any family,
individual, business, nonprofit organization or farm that results from such acquisition.
.
20
199
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.
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",-/>:\,,'",~:O":-'i;-'f"'\_t~"IF;:'i,' '.
AII.39 State Environmental Policv Act (SEPAl. Chaoter 43.21 (Cl RCW
The Grantee shall comply with the provisions of Chapter 43.21(C) RCW and Chapter 197-11 WAC, the
guidelines by which local agencies will (1) require environmental checklists from private and public entities
considering an action potentially subject to the EnvirpnmentCllll1lpact Statement (EIS) requirement of SEPA, (2)
make "threshold determinations" that such an action will not have a significant environmental impact, (3)
provide for the preparation of a draft and final EIS if the action has significant impact, and (4) circulate the EIS
to other agencies and interested parties.
AII.40
Noise Control. Chaoter 70.107 RCW
The Grantee shall assure compliance with the state Noise Control Act. Objectives of the Act are to assist local
governments in implementing local noise ordinances and to control and reduce excessive noise in Washington.
AII.41 Shoreline Manaaement Act of 1971. Chaoter 90.58 RCW
The Grantee shall comply with the provisions of Chapter 90.58 RCW. This Act defines a planning program and
a permit system which are initiated at the local government level under state guidance. Its purpose is to protect
and enhance the state's shoreline and it includes a comprehensive shoreline inventory process and a master
program for regulation of shoreline uses. A permit application at the local level must be in compliance with
those plans and consistent with the state Coastal Zone Management program if substantial developments and
shoreline modifications occur, and a record of the application and decision must be submitted to the state.
AI 1.42 State Buildinc Code. Chaoter 19.27 RCW: Enercv Related Building Standards. Chaoter 19.27A
RCW: and Provisions in Buildincs for Aced and Handicaooed Persons. Chaoter 70.92 RCW
The Grantee shall comply with the provisions of Chapter 19.27 RCW and Chapter 70.92 RCW and regulations
for barrier free facilities adopted by the Washington State Building Code Council pursuant to these statutes.
The State Building Code Act provides for a uniform state building code and mandates counties, cities and
towns to administer and enforce its provisions. Local governments are authorized to modify the state building
code to fit local conditions as long as such modifications do not result in a code that is less than the minimum
performance standards and objectives contained in the state code.
AI1.43 Ooen Public Meetings Act. Chaoter 42.30 RCW
The Grantee shall comply with the provisions of Chapter 42.30 RCW which require that all meetings of the
governing body which pertain to this contract shall be open to the public except those where specific provision
is made for executive sessions pursuant to RCW 42.30.110.
AII.44
Law Acainst Discrimination. Chaoter 49.60 RCW
The Grantee shall comply with the provisions of Chapter 49.60 RCW in all activities relating to this contract.
AII.45 Interlocal Coooeration Act. Chaoter 39.34 RCW
The Interlocal Cooperation Act establishes as state policy the authority for local governments, including special
purpose districts and Native American tribes, to enter into agreements for providing a broad spectrum of
cooperative services. Local governments undertaking joint community development projects can use this Act
as a means for establishing interlocal agreements.
Governor's Executive Order 89-10. December 11. 1989: Protection of Wetlands. and Governor's
Executive Order 90-04. Aoril 21. 1990: Protection of Wetlands
The Grantee shall ensure that it avoids any activities that would adversely affect wetlands and adequately
mitigates unavoidable impacts. For the purposes of this requirement mitigation means: (1) avoiding the impact
altogether by not taking certain action or part of an action; (2) minimizing impacts by limiting the degree or
magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps
to avoid or reduce impacts; (3) rectifying the impact by repairing, rehabilitating, or restoring the affected
environment; (4) reducing or eliminating the impact over time by preservation and maintenance operations
AII.46
21
200
AII.46 Continued....
during the life of the action; (5) compensating for the impact by replacing, enhancing, or providingsubst.' ,
resources or environments; and (6) monitoring the impact and taking appropriate corrective measures.
Mitigation for individual actions may include a combination of the above measures.
Emergency work that is essential to save lives and protect property and public health is exempt from these
provisions.
.
.
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201
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202
MEMO
OFFICE OF THE
CITY MANAGER
Michael Quinn
City Manager
[4501]
Sharon "Sam" Martin
Executive
Administrative Assistan
[4500]
BeckyJ. Upton,C~C
City Clerk I
~anagement Assistant
[4634]
Tanya O'Neill
Information Services
[4630]
Robert Coons
Human Resources
Manager
[4511]
Timothy Smith
Economic Development
Director
[4804]
Camille Headrick
Human Resources
Assistant
[4510]
~ORTANGELES
WAS H I N G TON, U. S. A.
.
DATE:
June 14, 2001
TO:
City Manager Quinn, Mayor Doyle and City Council .. ~
Timothy J. Smith, Economic Development Direct~
Agreement between the City of Port Angeles and the Port of Port
Angeles re: Oak Street Marketing
FROM:
SUBJECT:
SUMMARY and RECOMMENDATION: Following Council's direction, staffhave
worked with the Port to craft an agreement between our two agencies which will allow the
City to market the Oak Street Development Site. The agreement provides the City the right
to market, maintain, manage and use the premises to support downtown revitalization
including the site's development as a conference center, hotel or any other permitted central
business district use. In consideration of the agreement, the City agrees to suspend any
rental due from the Port per a lease of City controlled property on Ediz Hook. We
recommend Council authorize the Mayor to sign the agreement with the Port of Port
Angeles allowing the City to market, maintain and use the Oak Street Development
Site.
BACKGROUND I ANALYSIS: In accordance with direction from the Port Angeles
City Council and Port of Port Angeles Commission, City and Port staff have crafted an
agreement between the two agencies which allows for the City to market Port-owned
property commonly known as the Oak Street Development Site. The agreement is for a
term of three (3) years and includes the opportunity for three (3) one (1) year renewals.
During the term of the agreement, the City shall have the right to market, maintain, manage
and use the premises to support continued revitalization and development of the downtown.
Development of the site may include a conference center, hotel or any other permitted
central business district use that meets the City's long-term planning efforts. In
consideration of the agreement, the City agrees to suspend a $15,500 annual rental due
from the Port per their lease of City controlled property on Ediz Hook.
.
The City agrees that any proposals received as a result of our marketing efforts will be
shared with the Port for mutual consideration and that any sale or lease of the premises will
be in the best interests of both parties. The Port is currently conducting a certified
appraisal of the property and will be sharing the results of that appraisal with the City for
use in our marketing efforts.
During the term of the agreement, revenue generated by any interim use of the premises
will be shared equally with the City. Any revenues which the City may receive could be
used to help defray marketing and/or site maintenance costs:
.
20-3
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.
.
204
AGREEMENT
.
THIS AGREEMENT is entered into between the City of Port Angeles (hereafter
referred to as IlCity")- and the Port of Port Angeles (hereafter referred to as
"Port") dated the _day of ,2001.
WITNESSETH:
In consideration of mutual covenants contained herein, the parties hereto
agree as follows:
1 . PREMISES: The Port hereby grants to the City the non-exclusive right to
market, maintain, manage and use the following described premises situated in
Clallam County, State of Washington; that portion of waterfront property
identified as the 1l0ak Street Property", comprising approximately 3.9 acres of
land, further described in Exhibit A attached hereto, hereinafter called "the
premises" .
2. TERM: This agreement shall be for a term of three (3) years, beginning
, 200 1 and ending , 2004. .'
OPTIONS TO EXTEND: The Port' grants the City three (3) one (1) year
options to extend this agreement. upon 60 days written notice from the City to
the Port prior to the expiration of each term.
3. FEE: For consideration, and during the effective term of this agreement,
or until the Oak Street property is sold or leased, whichever is sooner, the City
agrees to suspend any rental due from the Port to the City in the amount of
$15,000 annually, or the amount of any future rent as adjusted, per the LEASE
AGREEMENT by and between the City and Port dated January 1, 1994, hereto
attached as Exhibit B.
4. USE OF PREMISES:
a) The City shall have the non-exclusive right to market, maintain,
manage and use the premises for ,the purpose of promoting downtown
development opportunities, including, but not limited to, a conference center,
hotel or any permitted central business district use that meets the City's long-
term planning efforts.
Page 1 of 2
.
205
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. '';~:~f~;:f:\;Wt*?i'!r~~'~7~,!il:~;i::~-'''~''':f'''' ,:':fj??'''':':\;;:Yft~~t~:rti''
b) The City agrees that any proposa/received as a result of its marketing
efforts will be shared with the Port and that any decision regarding any sale or
lease of the premises will be in the best interests of both parties after mutual
consideration. However, nothing in this agreement shall waive the Port's right to
make the final decision regarding sale or lease of the premises. Upon final,
determination of the sale or lease of the premises, this agreement shall
terminate.
c) Revenue generated by any interim use of the premises will be shared
equally between the City and Port.
d) The City agrees to maintain any improvements it may make to the
property at its own expense.
e) Any use of the property by the City requiring erection of any structure,
paving or installation of utilities, shall require prior written approval by the Port.
5. ACCESS: The Port reserves the right for itself and any lawful tenant,
reasonable access to and across the premises to inspect, operate, use and
conduct routine maintenance to any of its facilities and improvements located
on the premises.
6. INDEMNIFICATION: The City shall hold the Port harmless from any liability
or expense arising out of or connected with any activities associated with the
City's marketing, maintenance, management or use of the property. The Port
shall hold the City harmless from any liability or expense arising out of or
connected with any activities associated with the Port's marketing,
maintenance, management or use of the property.
PORT OF PORT ANGELES
BY: {~/-
~Ck Waud
CITY OF PORT ANGELES
BY:
Page 2 'of 2
206
~
I
DATE:
To:
FROM:
SUBJECT:
~ORTANGELES
WAS H I N G TON, U. S. A.
.
C IT Y C O.U N elL M EM 0
JUNE 18,2001
MAYOR DOYLE AND CITY COUNCIL
CRAIG D. KNUTSON, CITY ATTORNEY
Intergovernmental Agreement with Lower Elwha Klallam Tribe
Summary: The Lower Elwha Klallam Tribe has proposed that the Tribe and the City enter into
an Intergovernmental Agreement that would establish a government-to-government forum for
discussing issues of common concern and seeking solutions to common problems.
Recommendation: It is recommended that the City Council authorize the Mayor to sign .
the attached Intergovernmental Agreement between the Lower Elwha Klallam Tribe and the
City of Port Angeles.
Back~round / Analysis: Attached is a letter to Mayor Doyle from Dennis R. Sullivan,
Chairman of the Lower Elwha Klallam Tribe, regarding a proposed Intergovernmental Agreement
between the Tribe and the City. Chairman Sullivan states that the Tribe believes this
Intergovernmental Agreement to be a very important step toward establishing a government-to-
government relationship between the Tribe and the City in order to provide an opportunity for both
governments to address and resolve issues in a constructive and mutually satisfactory manner.
Some of the key provisions of the proposed Agreement are as follows:
1. The Agreement is to provide a framework for a government-to-government
relationship between the two parties.
2.
The objectives of the Agreement are to conduct discussions in a setting that allows
for issues to be freely addressed without making commitments or agreeing to actions
unless formally approved by the respective Councils ofthe two entities and to share
information and to gain knowledge about the other party.
.
3.
A process for conducting the discussions is generally described.
207
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!
.
4.
Each party may request. the other to make a policy decision on a matter under
discussion. Upon such request, the requested party will follow its legal decision
making process and communicate its decision in a timely fashion.
/
.-
I
5. The parties will meet at least once a year to review the progress in implementing the
Intergovernmental Agreement.
6. The Tribe has designated its Executive Director as the individual responsible for
facilitating the implementation of the Agreement. It is recommended that the City
Council designate the City Manager for this purpose.
It is anticipated that John Miller, Executive Director for the Lower Elwha Klallam Tribe, will be
present at the Council meeting to discuss the proposed Agreement from the Tribe's perspective.
C:IIMEMOICKCOUNCJ.WPD
.
.
208
LOWER ELWHA KLALLAM TRIBE
7a71J"a nax.sJl'ay'am "Strong People"
2851 lower Elwha Road
Port Angeles WA 9B363
(360) 452-8471
Fax: (360) 452-3428
June 6, 2001
The Honorable Larry Doyle, Mayor
City of Port Angeles
PO Box 1150
Port Angeles, W A 98362-0217
Dear Mayor Doyle,
Attached herewith are two original "Intergovernmental Agreements" and a Lower Elwha
Klallam Tribe resolution authorizing the Chairman of the Business Committee (Tribal
Council) to sign this agreement on behalf of the Tribe. I have signed both agreements; and, I
request that you, as Port Angeles Mayor, sign them and return one to the Tribe. The
agreements need only your designation of a facilitator for implementation and the insertion
of an effective date.
The authorizing resolution was signed by Mr. Russell N. Hepfer, former Chairman, on May
22nd. This resolution and agreement are the result of discussions our Tribe and the City have
had in order to establish a framework and process for working together on issues of common
concern.
We believe that this is a very important step toward establishing a government-to-
government relationship with the City. This vehicle should provide an opportunity for both
governments to address and resolve issues in a constructIve and mutually satisfactory
manner.
I look forward to working with you in implementation of this Intergovernmental Agreement.
Should you have any specific questions, please feel free to contact me at extension 149 or
Mr. John Miller at extension 115.
With kindest regards,
~G<.~
Dennis R. Sullivan,
Chairman
cc: Lower Elwha Klallam Business Committee
John Miller, Exec. Oir.
,;0:-:, :t;~t, ~~_i,":,,;i:f.I??!:t!1i.,r~::}}f:' ' ,;,",' ;,:~;-"';' ',f,~::\5::,;:<,.!, A':.W.:~~:~.J ll,,~;~
.
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE
LOWER EL WHA KLALLAM TRIBE
AND THE
CITY OF PORT ANGELES
I. PREAMBLE AND GUIDING PRINCIPLES
This intergovernmental agreement is made between the Lower Elwha Klallam Tribe
("the Tribe"), and the City of Port Angeles (''the City") to provide a framework for a
government-to-government relationship between two Parties.
The City of Port Angeles is a municipal government exercising the authorities and
responsibilities provided for under state law. The Lower Elwha Klallam Tribe is a federally
recognized. Indian Tribe government exercising the authorities and responsibilities identified in
the Constitution and Bylaws of the Lower Elwha Tribal Community and provided for under
federal law .
.
II.
PURPOSE AND OBJECTIVES
The purpose of this agreement is to establish a government-to-government forum for
authorized representatives from each participating governmental body to discuss issues of
common concern and to seek solutions to common problems. To this end the following
objectives have been defined:
1)
To conduct discussions in a government-to-government setting in
which issues, problems and other subjects may be freely addressed
without either Party making commitments or agreeing to take actions
outside of the formal and legal processes defined for each Party by
applicable law;
2)
To share information in a consultative and deliberative process
through the exchange of communications (written, verbal, and or
visual) as they pertain to issues, problems or other subjects
mutually agreed to between the Parties;
3)
To gain knowledge within each Party's organization about how the
other organization functions, including familiarity with organizational
structure, roles and responsibilities, staff, and legal authorities.
.
210
INTERGOVERNMENTAL AGREEMENT: PAGE 1 OF:2
III. IMPLEMENT A nON PROCESS AND RESPONSIBILITIES
Each Party will prepare a list of subjects and issues it proposes to discuss in accordance
with the objectives of this agreement. Both Parties will then meet to set an agenda, schedule,
ground rules, and goals for further discussions.
At any point in such discussions either Party may withdraw or otherwise terminate
discussions with or without explanation.
When discussions require policy decisions by the respective Parties a request shall be
made by one governing body to the other which includes the reasons policy decisions are sought
and a suggested schedule for making those decisions. Each Party then will follow its legal
process for decisionmaking.Policy decisions shall be communicated in a timely fashion.
At least once per year the Parties shall meet for the purpose of reviewing progress in
implementation. At such meetings, or at such other times as are appropriate, recommendations
for changes to this agreement may be discussed and implemented.
Each Party to this agreement will designate an individual responsible for facilitating the
implementation of this agreement. The Tribe designates its Executive Director. The City
Council designates its
.
IV LEGAL STATUS AND DISCLAIMERS
In executing this AGREEMENT, neither Party waives any rights, including treaty rights, .
sovereign immunity, and jurisdiction. Nor does this agreement diminish any rights or
protections under federal and state laws. Through this agreement the Parties to the agreement
strengthen their collective ability to successfully resolve issues of mutual concern.
Agreed effective
,2001, by:
The Lower Elwha Klallam Tribe
The City of Port Angeles
~fi~
Dennis R. Sullivan, Chairman
Larry Doyle, Mayor
INTERGOVERNMENTAL AGREEMENT: PAGE 2 OF 2
.
211
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i~' '
LOWER ELWHA KLALLAM TRIBE
7a7tp Dax.sJl'ay'am "Strong People"
2851 Lower Elwha Road
Port Angeles WA 98363
(360) 452-8471
Fax: (360) 452-3428
RESOLUTION NO: 16-01
;r
Subject: Tribal - City of Port
Angeles Intergovernmental
Agreement
WHEREAS, the Lower Elwha Community Council is the governing body of the Elwha
B~d of the Klallam Tribe in accordance with the Treaty of Point-No-Point, of January
26::"1855; its Constitution and By-laws, approved by the Secretary of Interior on April 29,
1968, and in accordance with the Iridian Reorganization Act of June 18, 1934; and
WHEREAS, the Lower Elwha Tribal Community Business Committee is responsible for
the health, safety, education, welfare, economic development, natural resources, law and
order, judicial services and preserving the culture, treaty rights and otherwise promoting
the welfare our Indian people; and
WHEREAS, the Lower Elwha Klallam Tribe believes that it is important that lines of
communication be established between the Tribe and other units of government for the
purpose of sharing information and addressing issues of common concern; and
WHEREAS, the Lower Elwha Klallam Tribe recognizes that it is to the benefit of the
Tribe as well as the surrounding communities to support creation of a fonnal process for
working with the City of Port Angeles, a process which is based on mutual respect and
recognition of the legal authorities under which both the Lower Elwha Klallam Tribe and
the City of Port Angeles operate. This will be a foundation for creating a constructive
environment for advancing the interests and well-being of the Tribe and the City of Port
Angeles; and
12
Resolution No. 16-01
Page-2-
WHEREAS, the Lower Elwha Klallam Tribe agrees that entering into an
"Intergovernmental Agreement" is an important step towards creating this exchange of
information and problem solving without subordinating the respective governm~nt' siegal
authorities and responsibilities; and'
NOW THEREFORE BE IT RESOLVED, that the Lower Elwha Klallam Tribal
Business Committee hereby authorizes the Chairman of the Lower Elwha Tribe to sign
an Intergovernmental Agreement with the City of Port Angeles; and
"iT"
THEREFORE BE IT FURTHER RESOLVED, that the Lower Elwha Klallam Tribal
Business Committee directs the Tribal Executive Director to provide staff support in the
implementation of this Intergovernmental Agreement.
CERTIFICATION
~.
The above RESOLUTION NO. 16-01 was presented to the Lower Elwha Klallam
Business Committee and voted to adopt:
FORL-; 0 AGAINST; and (2) ABSTAINED
"l-l-.
Dated this ~ day of May, 2001
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~ORTANGELES
WAS H I N G TON, U. S. A.
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C I T Y C O-U N elL M E M 0
DATE:
June 18,2001
To:
MAYOR DOYLE AND CITY COUNCIL
FROM:
Glenn A. Cutler, P.E., Director of Public Works & Utilities
SUBJECT:
Right-of-Way Permit for City Drain Line through National Park Service Property
Summary: The City will be replacing an existing overflow/drain line for its Peabody Heights
Reservoir this summer. This includes work within the Olympic National Park. A Right-of-Way
permit is required to complete the work and allow use of the line.
Recommendation: Authorize the City Manager to sign the attached Right-of-Way
ermit on behalf of the Ci .
Back~round / Analysis: .
The City, in consultation with Olympic National Park (ONP), has designed an overflow/drain
line to replace the existing one serving the Peabody Heights Reservoir. The existing line ends
several hundred feet away from Peabody Creek and is causing erosion problems in the area,
which is within ONP. There is no existing Right-of-Way Permit or easement for use or
maintenance of the existing line. ONP assisted the City in developing a National Park Service
(NPS) Right-of-Way Permit to allow construction of the replacement overflow/drainline,
including a flow diffuser to be located adjacent to Peabody Creek.
The attached Permit will allow construction of the replacement facilities to be completed this
summer as part of the recently awarded Black Diamond Reservoir hnprovements contract,
Project 99-18. It will also allow the City to use the facilities for the next ten years and will allow
time for the City to negotiate a permanent easement agreement with the NPS, which could take
several years to complete, according to ONP.
The Utility Advisory Committee, at its June 11 meeting, recommended that the City Council
authorize the City Manager to sign the attached Right-of-Way permit on behalf of the City.
Attachment: National Park Service Right-of-Way Permit
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N:\PROJECTS\99-18 Black Diamond Res. Cover\CORR\cc6_18onpmemo.wpd
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STATE OF W ASmNGTON
Right-of-Way Permit No.: RW -9500-01-006
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United States Department of the Interior
National Park Service
Right-of-Way Permit for
City of Port Angeles
WHEREAS, City of Port Angeles, (hereinafter Permittee) has applied to the United States
of America . (hereinafter Permitor) for a right-of-way to construct, operate and maintain an
underground stormwater, overflow and drain piping as part of the Peabody Heights Reservoir
project within the boundaries of Olympic National Park (hereinafter Park), a unit of the National
Park System, United States Department of the Interior; and
WHEREAS, the National Park Service (hereinafter Service) administers the Park that was
established as a unit of the National Park System, United States Department of the Interior pursuant
to 16 U.S.c. ~ 251-255; and
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WHEREAS, the Director of the National Park Service (or his delegate) is required pursuant
to 16 U.S.C. 1a-1 to authorize only those uses of land within the Park which will not be in
derogation of the values and purposes for which the Park w~> established, except as may have been
or shall be directly and specifically provided by Congress;. and
WHEREAS, 16 U.S.C. 79 authorizes the use of rights-of-way through the Park for
stormwater, overflow and drain piping, provided that the Director (or his delegate) finds that the
same is not incompatible with the public interest; and
WHEREAS, the Service has promulgated regulations at Title 36 Code of Federal
Regulations, Part 14, regarding rights-of-way over, across and upon the lands administered by the
National Park Service; and
WHEREAS, the Service has been delegated the authority to allow such rights-of-way over,
across and upon land under the jurisdiction of the Service pursuant to 245 Departmental Manual
5.1; and
WHEREAS, the Service has determined that the proposed use of the Park lands for the
construction, maintenance and operation of the subject stormwater, overflow and drain piping is
neither incompatible with the public interest nor inconsistent with the use of such lands for Park
purposes; and
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THEREFORE, The United States, through the Service, an agency of the Department of the .
Interior, acting pursuant to the authority of 16 U.S.c. 5 or 16 U.S.C. 79 issues this permit to the
City of Port Angeles, P.O. Box 1150, Port Angeles, W A 98362, for a right-of-way across Federal
lands within Olympic National Park for the construction, operation and maintenance of a
stormwater, overflow and drain piping.
The permittee agrees to comply with and be bound by the Service regulations, 36 CFR Part
14, regarding rights-of way over, across and upon lands administered by the Service, in addition to
the terms and conditions set forth in this pennit.
MAP AND LEGAL DESCRIPTION OF RIGHT -OF-WAY
The right-of-way shall be ~ feet wide with 25 feet on either side of the described
centerline for underground lines. For those parts of the permit which describe City of Port Angeles
appurtenances, the right-of-way shall be 50 feet centered on the equipment or as otherwise
described.
That portion of the NWY4 of the NEY4 of Section 15, Township 30 NQrth, Range 6 West,
W.M., as well as that portion of the SEY4 of the NEY4 of Section 15, Township 30 North, Range 6
West, W.M., lying within the boundaries of Olympic National Park, and as described on the map
located at Exhibit A.
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AUTHORITY TO ENTER INTO AGREEMENT FOR RIGHT -OF-WAY
The Permittee represents and warrants to the Permittor that:
(1) It is duly authorized and empowered under applicable laws of the State of Washington
and by its charter and bylaws to enter into and perform this agreement in accordance with the
prOVISIons;
(2) Its City Council, or duly authorized executive committee, has duly approved, and has
duly authorized the execution, delivery, and performance by it of this agreement by the City
Manager;
(3) All action that may be necessary or incidental to the approval of this permit, and the
due execution, delivery, and performance by the Permittee has been taken; and
(4) All of the foregoing approvals, authorizations, and actions are in full force and effect at
the time of the execution and delivery ofthis agreement.
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PERMITTED USE OF RIGHT-OF-WAY BY THE PERMITIEE
The right-of-way is for the sole purpose of constructing, operating and maintaining a
stonnwater, overflow and drain piping across the above described lands, application for which was
made in writing to the superintendent, Olympic National Park (hereinafter superintendent) on
March 13, 2001, by the Permittee. That in utilizing the right-of-way, the Permittee agrees to
comply with and be bound by laws and regulations regarding the use and occupancy of the lands
administered by the Service and by the terms of this permit.
DEVIATION FROM APPROVED RIGHT-OF- WAY
The Permittee agrees that it will not deviate from the location of the approved right-of-way
in its construction, operation and maintenance of the subject stormwater, overflow and drain piping.
All ingress and egress for construction, maintenance and operation of the stormwater, overflow and
drain piping shall be restricted to the right-of-way. In the event that the Permittee determines that
ingress and egress over Park lands not included in the right-of-way are necessary for the
construction, maintenance and operation of the subject stormwater, overflow and drain piping, then
the Permittee must apply, in writing, to the superintendent for approval of such ingress and egress.
EFFECTIVE DATE OF THE RIGHT -OF- WAY
The effective date of this permit shall be the date of its execution by the Regional Director
(or delegate) and the Permittee. The right-of-way permit shall terminate TEN (10) years from the
effective date, at noon, (State time) unless prior thereto it is relinquished, abandoned, or otherwise
tenninated pursuant to the provisions of this permit or of any applicable Federal law or regulation.
RENEWAL OF RIGHT-OF-WAY
Unless relinquished, abandoned, or otherwise terminated pursuant to the provisions of the
pennit or of any applicable Federal law or regulations, the Permittee may make application to the
superintendent, at least six months prior to its expiration date, for renewal of the right-of-way.
The Permittee shall file a written application, SF 299, in accordance with the existing
Service regulations, to renew the right-of-way. The Permittee shall agree to comply with all the
laws and regulations existing at such application date governing the occupancy and use of the lands
of the Park for the purposes desired. The right-of-way permit may be renewed after full
consideration of the application.
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DISPOSAL OF PROPERTY ON TERMINATION OF RIGHT-OF-WAY
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Upon the termination of the right-of-way permit by expiration or by cancellation for cause,
in the absence of any agreement to the contrary, if all monies due the Permittor have been paid, the
Pennittee shall be allowed six months, or such additional time as may be provided, in which to
remove from the right-of-way all property or improvements of any kind placed by them; and if not
removed within the time allowed, all such property and improvements shall become the property of
the United States.
NONUSE OR ABANDONMENT
It is understood and agreed by the parties that all or any part of the right-of-way may be
terminated at the discretion of the Permittor in the event of nonuse or abandomnent for a period of
two years by the Permittee. In the case of termination, the Pennittor will provide the Permittee with
written notice including reasons for termination.
FEES FOR USE AND OCCUPANCY
The Permittor and Permittee understand and agree that the consideration for utilization of
the lands, pursuant to the right-of-way, for a municipally operated project is waived according to 36 .
C.F.R. l4.26(c)(1).
FEES AND REIMBURSEMENT OF COSTS
Pursuant to 36 C.F.R. l4.22(a)(2), for State or local governments or agencies or
instrumentalities thereof where the lands will be used for governmental purposes and continue to
serve the general public, payment of fees and costs incurred by the Service as a result of this permit
are waived.
TERMS AND CONDITIONS
The permit is subject to the following terms and conditions:
(I) This permit shall not be construed as a permanent interest in the land of the
right-of-way or as an abandonment of use and occupancy by the United States, but shall be
, considered a use of the land as described, anything contained to the contrary notwithstanding.
(2) This right-of-way permit may be terminated upon breach of any of the stated conditions
or at the discretion of the Regional Director of the Service. Permittee will be given written notice
and thirty (30) days to allow an opportunity for corrective actions before termination may occur.
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The written notice shall describe the specific violations of the permit. IfPennittee does not correct
the violations to the satisfaction of the Service, or present a reasonable plan acceptable to the
Service within the thirty (30) day period, then the NPS shall be entitled to revoke this pennit.
(3) The Pennittee shall comply with all applicable State and Federal laws and existing
regulations promulgated thereunder in the construction, operation and maintenance of the
stormwater, overflow and drain piping.
(4) The superintendent, Olympic National Park, shall be notified in writing no less than
two weeks prior to the start of initial construction on Park lands. An on-site meeting will be
conducted no less than one week prior to start of construction between representatives of the Park
and the Pennittee construction/maintenance supervisor to detennine and clarify the scope of the
project and any requirements of the Service. The Permittee construction/maintenance supervisor
will contact the Park on the morning of the first day of work and each morning thereafter prior to
entering the Park, advising the location and extent of work crews and equipment in the Park.
Except in extraordinary situations and with the agreement of the superintendent, or as determined at
or prior to the on-site meeting above, all work on Park lands will be conducted on a Monday
through Friday, 8 a.m. through 5 p.m. basis. All work on Park lands shall be completed to the
satisfaction of the superintendent or his or her representative.
(5) The Permittee shall have a right of ingress and egress within the right-of-way at all
times for the purposes of maintaining and operating the existing stormwater, overflow and drain
piping and appurtenances.
(6) If any portion of the stolmwater, overflow and drain piping is to be installed
underground within the road shoulders of public roads, they shall comply with the specifications of
the highway department having jurisdiction. Detailed procedures of installation are also subject to
approval in advance of construction by the superintendent or his or her representative.
(7) If required, the Pennittee shall file a performance bond with satisfactory surety payable
to the Permittor to fully insure compliance with the permit terms and conditions.
(8) The Pennittee shall be responsible to pay the Pennittor for any damage resulting from
this permit which would not reasonably be inherent in the use which the Pennittee is authorized to
make of the land. The Permittor will give the Pennittee written notice of such damage and the
Permittee will either take corrective action or pay the indicated amount as agreed upon and
approved by the superintendent.
(9) Use by the Pennittee of the land is subject to the right of the Park to establish trails,
roads, and other improvements and betterments over, upon or through said premises, and further to
the use by travelers and others of such roads, trails, and other improvements already existing. If it is
necessary to exercise such right, every effort will be made by the Park to refrain from unduly
interfering with or preventing use of the land by the Pennittee for the purposes intended under this
. pennit.
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(10) The Permittee shall take adequate measures as directed and approved by the .
superintendent to prevent or minimize damage to Park resources. This may include restoration, soil
conservation and protection measures, landscaping, and repairing roads, trails, fences, etc. The
Pennittee shall dispose of brush and other refuse as required by the superintendent. The
superintendent or his or her representative may inspect the right-of-way area as deemed necessary.
(11) The Permittee will halt any activities and notify the superintendent upon discovery of
threatened or endangered species or archeological, paleontological, or historical findings. All
artifacts unearthed remain the property of the Park.
(12) No vegetation may be cut or destroyed without first obtaining approval from the
superintende~t. Any vegetation that must be removed shall be mitigated as specified by the
superintendent.
(a) The proposed route of the trench will be staked/flagged so it can be reviewed prior
to trenching. The primary consideration from a vegetation perspective is that the alignment shall
avoid, to the greatest extent possible, tree root systems. This may require significant detours in the
route versus an alignment, which uses the least minimum of pipe material.
(b) After the route is approved, surface duff and litter shall be manually raked aside
prior to trenching.
(c) The trenching machine shall be thoroughly washed (flushed with water) to remove .
soil prior to use on Park lands.
(d) After the pipe is laid and the trench is backfilled, jute netting or coir fabric shall be
placed and staked to cover the exposed soil. A sample of the material to be used shall be provided
to the Park for approval prior to use. The product may contain biodegradable plastic netting.
(e) The reserved duff and litter shall be replaced back on top of the erosion control
netting/fabric.
(f) No seeding will be required. The use of hay or straw mulch, bark, or importation
of any materials, which may contain non-native (weed) seeds, is prohibited.
(g) Prior to line excavation, all plants of the understory species listed below shall be
carefully excavated along the right-of-way and placed in holding areas outside the work zone.
Roots of salvaged plants shall be completely covered with soil and duff excavated from the top
layer of the ditch cut.
Red elderberry (Sambucus racemosa)
Salmonberry (Rubus parviflorus)
Swordfern (polystichum rnunitum)
Western hemlock (Tsuga heterophylla), only seedlings under 2' tall
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Western red cedar (Thujaplicata), only seedlings under 2' tall
(h) After line placement, salvaged materials will be planted in natural groupings along
the whole length of the new line. Plants will be planted in salvaged topsoil and covered with a 6"-
12" layer of salvaged duff. If the project work takes place during dry conditions the plantings shall
be watered initially prior to project completion.
(i) The Olympic National Park greenhouse has 60 seedling conifers propagated from
seeds collected in the headquarters area which will be donated to this project. These seedlings will
be planted with salvaged plant materials along the completed line.
(13) Use of pesticides and/or herbicides on Park lands is prohibited without prior written
approval from the superintendent.
(14) In the event any facilities covered by this permit should interfere with future Park
construction, the Permittee agrees to terminate the use or relocate them at not cost to the Service
within 60 days after written notice.
(15) The Permittee agrees to do everything reasonably within its power, both
independently and on request of the superintendent, to prevent and suppress fires resulting from the
Permittee's activities on and adjacent to the right-of-way.
(16) The Permittee agrees that the right-of-way shall be subject to the express condition
that the use will not unduly interfere with the management and administration by the Service of the
lands. Further, the Permittee agrees and consents to the occupancy and use by the Park, its
Permittees, or lessees of any part of the right-of-way not actually occupied or required by the
project: or the full and safe utilization, for necessary operations incident to such management,
administration, or disposal.
(17) Upon expiration, revocation or termination of this permit, the Permittee shall leave the
lands subject to the permit in as nearly the original condition as possible, as directed and approved
by the superintendent
(18) The Permittee agrees that in undertaking all activities pursuant to this permit, it will
not discriminate against any person because of race, color, religion, sex, or national origin.
(19) No member of or Delegate to Congress or Resident Commissioner shall be admitted
to any share or part of this permit or to any benefit that may arise therefrom, but this provision shall
not be construed to extend to this permit if made with a corporation for its general benefit.
(20) No transfer of the permit will be recognized unless and until it is first approved in
writing by the Regional Director of the Service. Such a transfer must be filed in accordance with
existing regulations at the time of transfer, and must be supported by the stipulation that the
assignee agrees to comply with and to be bound by the terms and conditions of the right-of-way.
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(21) This agreement is made upon the express condition that the United States, its agents .
and employees shall be free from all liabilities and claims for damages and/or suits for or by reason
of any injury, or death to any person or damage to property of any kind whatsoever, whether to the
person or property of the Permittee, its agents or employees, or third parties, from any cause or
causes whatsoever while in or upon said premises or any part thereof during the term of this
agreement or occasioned by any occupancy or use of said premises or any activity carried on by the
Pennittee in connection herewith, and the Permittee hereby covenants and agrees to indemnify,
defend, save and hold harmless the United States, its agents, and employees from all liabilities,
charges, expenses and costs on account of or by reason of any such injuries, deaths, liabilities,
claims, suits or losses however occurring or damages growing out of the same.
(22) Any alterations to this permit must be in writing and signed by the parties. Renewals
will be subject to regulations existing at the time of renewal and such other terms and conditions
deemed necessary to protect the public interest.
(23) Any underground utilities previously located within this right-of-way which are
damaged or disrupted during maintenance shall be repaired or restored by the P~ttee within four
hours.
(24) The Permittee shall be responsible for the provision and maintenance of proper signs,
barricades or other means of warning motorists and pedestrians of danger during all periods of
repair and maintenance.
(25) Nothing herein contained shall be construed as binding the Service to expend in any .
one fiscal year any sum in excess of appropriations made by Congress or administratively allocated
for the purpose of this permit for the fiscal year, or to involve the Service in any contract or other
obligation for the further expenditure of money in excess of such appropriations or allocations.
COMPLIANCE
Failure of the Permittee to comply with any provision of this right-of-way permit shall
constitute grounds for immediate termination of this permit.
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WAIVERNOTCO:Nti:NuING
The waiver of any breach of any provision of this right-of-way permit, whether such waiver
be expressed or implied, shall not be construed to be a continuing waiver or a waiver of, or consent,
to any subsequent or prior breach of the same or any other provision of this permit.
IN WITNESS WHEREOF, the Regional Director of the National Park Service, acting on
behalf of the United States, in the exercise of the delegated authority from the Secretary of the
Department of the Interior, has caused this Permit of Right-of-Way number RW-9500-01-006 to be
executed this day of ,2001.
David K. Morris
Superintendent
Olympic National Park
National Park Service
United States Department of the Interior
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ACCEPTED TIllS
day of
,2001.
Michael Quinn, City Manager
City of Port Angeles
Attest:
Becky Upton, City Clerk
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DATE:
To:
FROM:
SUBJECT:
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WASHINGTON, U.S.A
CITY COUNCIL MEMO
June 18,2001
MAYOR DOYLE AND CITY COUNciL
Glenn A. Cutler, Director of Public Works and Utilities
Fiber Optic Backbone Business Plan Revised Scope of Work
Summarv: The Business Plan verified the overall feasibility of four scenarios to develop a fiber
optic backbone. As part of the Business Plan, a strategic direction was approved that explores
partnership opportunities to develop a fiber optic backbone. Staff is returning to City Council
with a revised scope of work to implement the City/Telephone Partnership and
City/Cable/Telephone consortium.
Recommendation: Authorize the Mayor to accept an amendment to the consulting services
agreement with Metropolitan Communications Consultants to revise the scope of work for
the Ci /Tele hone artnershi and Ci /Cable/Tele hone consortium.
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Back2round/Analvsis: On October 17, 2000, the City Council approved a professional
services agreement with Metropolitan Communications Consultants (MCC) including legal
services from the firm ofDow, Cogburn and Friedman (DCF) to implement the Community
Telecommunications Action Plan. On February 6,2001, Council approved an agreement in the
amount of $166,882 with MCC for fiber optic backbone design engineering services.
On April 30, 2001, the draft business plan was presented at a special meeting of the Utility
Advisory Committee (UAC) and Port Angeles Works! Committee (PA Works!) with no action
requested. A total of four infrastructure development alternatives were presented including:
City developed and owned, City/Cable provider partnership, City/Telephone provider
partnership, and City/Cable/Telephone consortium. The business plan confirmed the overall
feasibility of each alternative described above and recommended a strategic direction for the City
to follow as it pursues development of a broadband telecommunications infrastructure.
On May 22, 2001, Council approved the business plan, rescinded the fiber optic backbone design
engineering services agreement with MCC, authorized the Mayor to sign consulting services
agreements with MCC and DCF, and instructed Staff to return to the UAC and PA Works! with a
comprehensive proposal to implement the City/Telephone Partnership and City/Cable/Telephone
consortium.
On June 11,2001, the Utility Advisory Committee and the P.A. Works! Committee supported .
the above recommendation.
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June 18,2001
City Council Memo
Page 2
Below is a summary of the prior and revised (shaded) consulting services scope of work and
contract award amounts. The total cost of consulting services in support of the fiber optic project
is $125,000. A copy of the revised consulting services proposal, scope of work and amendment
is attached.
Fiber optic business On 10/17/00, Council awarded a contract to MCC to prepare a business
plan plan for the fiber optic backbone. The contract award was in the
amount of $35,000.
Fiber optic design On 2/16/01, Council awarded a contract to MCC for design
.. . engineering services but withheld notice to proceed until the business
engmeenng servIces
plan was approved. The contract award was in the amount of
$166,882. On 5/22/01, based on approval of the business plan, Council
rescinded the contract.
Fiber optic pilot On 5/22/01, Council approved project definition and design consulting
project services for a fiber optic infrastructure pilot project. During the project
definition stage, goals, participating customers, and service providers
will be determined. The cost of the consulting services scope of work
is $35,000 (lump sum) and the construction and equipment costs are
estimated at $350,000. Staffwill return to the UAC requesting their
recommendation for additional consulting services from the bid
solicitation through the bid award phases of the pilot project.
City/Cable provider On 5/22/01, Council approved technical and legal consulting services
partnership to negotiate an upgrade to the Cable Operator's infrastructure as part of
the franchise renewal. Prior to negotiations, MCC will prepare the
infrastructure partnership, network, cost, and schedule requirements.
Outside legal services proposed will be provided to assist the City
Attorney with franchise renewal issues as they may arise under Federal
Law. The technical and legal consulting services total $25,000 and
$10,000 respectively (time and expense). The cost of consulting
services will depend on how well negotiations proceed.
City/Telephone On 5/22/01, Council approved technical services in support of
Partnership, and consortium partner development through Task lIB. The technical
City/Cable/Telephone consulting services for consortium partner development is $20,000
consortium (time and expense).
City/T elephone Staffhas negotiated a comprehensive proposal for consomumplanning
Partnership, and and consortium partner solicitation with MCC. Additional services for
City/Cable/Telephone consortium building and network implementationwillbe,required
consortium depending on the response to the consortium partner solicitation. The
technical services in support of the revised scope of work are $50,000
(time and expense).
N:\PWKS\LIGtmPOWMlIBUSlNESSPLANREPORT7.DOC
226
AME1\TIMENT TO
AGREEMEl'1T FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF PORT ANGELES A1'lD
METROPOLIT AN COMMUNICATIONS CONStJl_ TANTS
.
This Amendment to the Agreement for Professional Services between the City of Port
Angeles and Metropolitan Communications Consultants dated May 22, 200 I is made and entered
into by and between the City of Port Angeles, a non-charter code city of the State of Washington,
(hereinafter called "the City"), and Metropolitan Communications Consultants, a \Vashington
Limited Liability Corporation. (hereinafter called "the Consultant").
\VHEREAS, the City has contracted with the Consultant to develop the Port Angeles
telecommunications network, in accordance with the strategic direction recommended in the Port
Angeles telecommunication network business planning analyses, and
WHEREAS, the City desires to proceed with Tasks V and VI. relating to consonium
planning and consortium partner solicitation and to amend the scope of work in the agreement
accordingly:
NOW, THEREFORE, the City and the Consultant hereby agree that the Agreement for
Professional Services between the City of Port Angeles and MetTopolilan Communications
Consultants dated May 22, 2001 shall be amended by amending I Scope of Work and VI
Compensation, to add the performance of Task V Consortium Planning and Task VI Consonium
Partner Solicitation, as set forth in the attached Exhibit "A",
Dated this _ day of
, 200 1.
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CITY OF PORT ANGELES
By:
By:
Mayor Larry Doyle
Dated
Title:
frfA~~
Ce(l? 101
ATTEST:
Dated:
Becky J. Upton. City Clerk
Approved as to form
Craig D. Knutson, City Attorney
G :\EX CH A"GE\PWKs\:\k1('omColl.amd. wpd
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~ METROPOLITAN
--
:::=: COMMUNICATIONS
--
~ CONSULTANTS
Seattle: 5847 McKinley PI. N.. Seattle. Washington 98103
Tel: 206.522.6778 Fax: 206.522.6777
Tacoma: 1201 Pacific Avenue. Suite 1702. Tacoma. Washington 98402
Tel: 253.272.1636 Fax: 253.272.1482 WWW.mcco.com
June 6, 2001
Mr. Larry Dunbar
Power Resources Manager
The City of Port Angeles
321 East Fifth Street
Port Angeles, W A 98362-0217
Re: Broadband Infrastructure Development, Additional Proposal
Dear Larry:
In response to the request of the PAW orks! Committee on May 7, we are submitting our proposal,
detailed in Exhibit A, covering expanded consulting services for development of broadband
infrastructure based on the findings and recommendations of the Business Analyses.
The proposal may be authorized in part or in whole, with the appropriate signature below, or by other
City procedure as required. Thank you for your consideration, we look forward to being of service.
Very truly yours,
METROPOLITAN COMMUNICATIONS CONSULTANTS, LlC
*:L.t 'L
Richard C. T. Li, P.E.
President
Acknowledge and Accepted by the City of Port Angeles
by
date
EXHIBIT A - SCOPE OF WORK
page 2
RECOMMENDED STRATEGIC DIRECTION AND WORK SEQUENCE
The tasks in the dotted outline box are covered by the City's existing authorizations, issued 10/17/00
and 5/22/01. The bold outline shaded tasks are the items covered by the current request for
authorization.
... ........-..-...--.-.---------.--.-..\.
e III. 011I.. ScH" ....11....
N
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-
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II
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o
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j A. Pilot Definition and
l Design
B. Pilot Bidding
and Award
C. Build Pilot
D.lntegrate Pilot
into Network
Reco....ded Strategic Directio.
-.......----....----..-.-....
. .
. .
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;:1
~i
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_ ; B. Ascertainment
I. CATV
Fra.c.ise
Re.ewal
A. Public Proceeding
Future Needs &
Interests Report
"II
"
~i
01
!!..
Report, and
Draft Ordinance
for Negotiations
i-........-..........---..-:
j II. CATV Frucllise
i See.ario 2
! lIegotiatiou
1 A. Franchise
i Ordinance
~ I Negotiations
~ i Broadband
1ft I
"II I Partnership
" Ne tiated? 110.... I-Net, P~G &
~ !::.' go .I~ community
-I les I benefits
c!
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......-.....-.......--..,
B. Adoption of
Franchise
Ordinance
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. ,'A,."~RFP'5 "
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,B.RFP Prociess
;' C.Evaluate
Responses
D.Detei1nine
Strategic
Relationships
E. Recommend ,
Partners
VI.C._Iti..
hll.i..
A. Consortium
Agreements
B. Negotiations
C. Execute
Agreements
D.Begin Consortium
Operations
. .
.
.
.
,
v.Co......
- '......
.kConsortium
" structure
.~''l(:.:. ' " ..-
.<B.PoIicies and
.procedures
"'(; Functional
. operations
.D.fartner design
requirements .
E.lnvestriJent req'd
. F. Return opportunity
110+
City DeveloplneD' (Sce..rio 1)
If
,
Port AIIgeles T elecomm..icatio.s lIetworlllmplemeDtatio.
Metropolitan Communications Consultants
Confidential and Proprietary
229
I ,
.
.
.
230
Exhibit A- Scope of Work
page 3
PRIOR AUTHORIZATIONS
Task 1- Cable Franchise Renewal Proceedings (10/17/00)
A. Public Proceedings .
B. Ascertainment.Report and Draft Ordinance
Task.1I - Scenario 2 Negotiations (5/22/01)
A. Franchise Ordinance Negotiations
B. Franchise Ordinance Adoption
Task III - Other Scenario Negotiations (5/22/01)
A. Continuing development work with service providers and other applicable parties
through Task II B.
Task IV - Pilot Project (5/22/01)
A. Pilot Project Definition and Design.
CURRENT AUTHORIZATION REQUEST
Task V - Consortium Planning
A. Consortium Structure
B. Policies and Procedures
C. FunctionalOperations
D. Competencies Required
E. Partner Design Requirements
F. Investment Required
G. Return Opportunities
Task VI - Consortium Partner Solicitation
A. Prepare RFP's
B. RFP Process
C. Evaluate Responses
D. Determine Strategic Relationships
E. Recommend Partners
FUTURE WORK (NOT IN THIS AUTHORIZATION)
Task IV _ Pilot Project (estimated Total Project Cost $350,000)
B. Pilot Project Bid Solicitation and Awards
C. Build Pilot Project
D. Integrate Pilot into Network
Task VII- Consortium Building
Task VIII - Network Implementation
Metropolitan Communications Consultants
Confidential and Proprietary
Exhibit A- Scope of Work
page 4
WORK SCHEDULE
The schedule for the work under this proposal is shown on the following Gantt chart.
.
u ._Task___
6/01
7/01
8/01
9/01
10/01
11/01 12/01
I
-V~-(onsortium Pla-.-niaS.' . n_.___.___.________n_._..' .. _______j_____,c~-.-.--------------'
..------A~consortiumstructUre--- ". -- ----------6/19 --.--:~::=.~----. -----.-------.---------T-------r---------.-.---
.___.__.__._~.__.:.--_---L-.------~--.
---B.Poli"cleSand-Procedures- ----- 6/19! ...., '!'
-C. Functional-Operations'- -- -----.---. 6/19 --.::::-:~::-.- ---- -- - ---------T------T--- ------;-.---
--~CO.mpetendesRequire(r ,..-------6/19--;;--:;:;.:::- --.----- ------T'- ----, : -
------ E. Partner Design Req-tilrements---'6/19 ",.:;.,.....- ,- ' , I ---T---:-------
-----.1=. Investment Re-qliirecf--------- ! 7/24- ".- --------;---------'1----------..------
, I
G. Return-opportunities=~~:~:~=~~_ ~---8/14 -~-=~ \ -==-~-==
H. UAC Acceptance j
i
I. Council Acceptance i
!
j
____._~ __._._____ I -------.
VI. Consortium Partner Solicitation I
A. ~~epare ~pl~_____ ._.u.______ -8/14' ,- ,'..,4..
B. RFP Process ----- --------------------$/18
-.---'.--'----' .------.--.---------.-
C. RFP Evaluations
~-_.~-~.,.~.__.~._--
D. Determine Strategic Relationships : ; i ~ 1/20 .,
--E~ Recom~~d-Part~~~~~~=~---------1==------~=-~-== i ~_~~_-_=-1.~~28 I __ .
F. UAC Acceptance . - . I ! 12/10
.____~..____ ~_____.___ ,___+-_"_ I
G. Council Acceptance I ! 12/18
BUDGET ESTIMATES
The work covered by this proposal is estimated to require the time and expense budgets shown below.
Item
Task V
Task VI
Description
Consortium Planning
Consortium Partner Solicitation
Fee Basis
T&E
T&E
Proposed Budget
25,000
25,000
$50,000
Total, Estimated Budget Required, all tasks
ADDITIONAL WORK, STANDARD HOURLY RATES AND EXPENSES
Additional work requested, outside the scope of work of this proposal, may be done on a negotiated
lump sum basis or at the standard rates listed below.
Description
Laborchargejhour
Direct project expenses
Technician Engineer/Analyst Principal
$40 to $70 $80 to $170 $195
reimbursed at actual cost plus 10% based on receipts presented
.
Metropolitan Communications Consultants
Confidential and Proprietary
231
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232
DATE:
To:
FROM:
SUBJECT:
~
,', , .-':t
..:". ~..... ...~~. .
.
WASHINGTON, U.S.A.
CITY COUNCIL MEMO
June 18,2001
MAYOR DOYLE AND CITY COUNCIL
Glenn A. Cutler, Director of Public Works and Utilities
Commercial Lighting Conservation Program
Summary: Energy efficient commercial lighting is a cost-effective activity with high customer
acceptance. Acceptance of the Purchase of Conservation Agreement would enable the City to
provide up to $200,000 to its business customers for lighting conservation projects.
Recommendation: Authorize the Mayor to enter into the Purchase of Conservation
Ae:reement with the Bonneville Power Administration.
Backe:round/Analvsis: On April 17, 2001, the City Council authorized the Director of Public
Works to implement a conservation program that qualifies for the Bonneville Power .
Administration (BP A) Conservation and Renewables Credit Discount (C&RD). On May 22,
2001, City Council approved a budget adjustment and authorized the Director of Public Works
and Utilities, or his designee, the authority to enter into City Authorized Contractor Agreements.
Staff has developed a program that qualifies for the BPA C&RD. As part of the program
development effort, Staffhas prepared a program plan, has entered into the City Authorized
Contractor Agreement with 15 local contractors, and has proceeded with the implementation and
marketing plan. The City's C&RD is based on BPA power purchases at the rate of Y2 mill per
kWh which represents about $315,000 per year over the next five-year period. Due to the
anticipated BP A wholesale power increase and water shortage, high customer participation in the
C&RD program is expected.
BP A recently offered the City a Purchase of Conservation Agreement as part of its Conservation
Augmentation program. The City has until September 1,2001 to accept the Agreement. Under
the Agreement, the City could provide up to $200,000 for lighting conservation projects to local
businesses. Lighting conservation measures include modification or replacement of existing
interior and exterior fixtures and controls. Acceptance of the Agreement would help satisfy
anticipated high customer demand and participation in the C&RD. A copy of the Purchase of
Conservation Agreement is attached.
On June 11, 200 I, the Utility Advisory Committee supported the above recommendation.
.
N:\PWKS\LIGHl\CONS\CONSERV A TlONS.DOC
233
.
.
.
~?'t~!~:.f~WfkF:ft>~~tW~b!jf:,:;""f_~";N:~::..'~~~~}t~#1i:~'~l*~ifj~_;
Contract No. 01ES-10390
PURCHASE OF CONSERVATION AGREEMENT
executed by the
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
acting by and through the
BONNEVILLE POWER ADMINISTRATION
and
THE CITY OF PORT ANGELES
Table of Contents
Section
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
234
Term of Agreement............................................................................................................
Definitions........................................................................................................................ .
Purchase of Energy Savings ........... .......... ...... ..... ............ ........... ............. ......... ........ .........
Implementation Budget .....................................................................................................
Other Sources of Funding.................. ................ ........ ....... ............... ........... ....... ................
Proj ect Implementation......................................................................................................
Consumer Agreements.. .............................. ....... ............ ...... ..,.......... ........ ............ .............
Invoicing and Payment .. .......... ........ .......................... ........ .... ........... ..... ........... .... .............
Records and Audits...... ................... ........ ..... .............. ............................ ........... ...... ..... ......
Bonneville Oversight............................................... ..; .........................................................
Evaluations ...................;....................................................................................................
Procedures for Addition or Removal of Measures and Units ............................................
Suspension and Withholding Payment ... ....................... ...... .......... .......... .......... ........... .....
Termination....................................................................................................................... .
Environmental Provisions.......................................................................................... ........
Standard Provisions..... ....................... .............. .......... ........;............. ............... ....... ...........
Uncontrollable Force ...... ............................. ......... ...................................... ............ ...... .....
Liability .............................................................................................................................
Dispute Resolution.......................... .................... ................................................ ..... ..........
Notices........................................................................................................................... ....
Signatures.. .................................. ................ ...... .................. ............... ..... .......... ..... ...........
Exhibit A, Projects, Energy Savings & Project Budgets
Page
2
2
4
4
5
5
5
6
6
7
7
8
8
9
11
12
13
14
15
17
17
';,,'.(ii.;:'.:;-
This PURCHASE OF CONSERVATION AGREEMENT, is executed by the UNITED STATES OF
AMERICA, Department of Energy, acting by and through the BONNEVILLE POWER
ADMINISTRATION (Bonneville) and THE CITY OF PORT ANGELES (port Angeles), a municipal
corporation organized under the laws of the State of Washington, hereinafter may be referred to
individually as "Party" or collectively as "Parties."
.
RECITALS
Bonneville is required by the Pacific Northwest Electric Power Planning and
Conservation Act, Public Law 96-501 (Northwest Power Act), to meet the net firm power load
requirements of its customers in the Pacific Northwest; and
Bonneville is authorized to acquire Conservation to reduce the firm power load
requirements of its customers in the Pacific Northwest; and
Bonneville intends to acquire Conservation which is reliable and dependable as part of its
efforts to augment the supply of Federal power; and
Port Angeles intends to produce Completed Units within its service area, producing a
quantity of Energy Savings in exchange for an Implementation Budget from Bonneville; and
The Parties agree:
1.
TERM OF AGREEMENT
This Agreement becomes effective at 2400 hours on the date of execution by both Parties
(Effective Date), and shall remain in effect until 2400 hours on September 30,2006, unless
terminated earlier as provided in section 14. Except as provided for in section 3(d), all
obligations shall remain until satisfied.
.
2. DEFINITIONS
All capitalized terms used herein shall have the following meaning:
(a) "Completed Unit" means a Unit that is properly installed, operating and, when applicable,
commissioned in accordance with the manufacturer's requirements and specifications for
normal operations; and as applicable has satisfied or met any specification requirements
set forth in Exhibit A.
(b) "Conservation" means any reduction in electric energy consumption resulting from an
increase in the efficiency of electric energy use, production or distribution.
(c) "Consumer" means any end user of electric energy in the Port Angeles' service area that
contributes to Port Angeles' total retail load.
(d) "Contracting Officer" means the person designated by Bonneville who has the authority
to enter into, administer, modify, suspend, or terminate this Agreement; and to make
related interpretations, determinations and findings.
.
OlES-10390, Port Angeles
2235
)
(e)
.
(f)
.
.
':~.7,:~'r~~~~\'f~~~:i~!;Yff;l\~:j::~t:r;',:':::'. ,,:f::"",!~t4;J~~p~:~~f~~~~~_~~rltf;
"Contracting Officer's Technical Representative" or "COTR" means the authorized
representative of the Contracting Officer lmo~ledgeable in the technical aspects of this
Agreement designated in writing by the Contracting Officer.
"Energy Savings" means the ascribed, deemed, estimated~ evaluated, or verified
Conservation: in first year kilowatt-hours (kWh) attributable to Completed Units as
specified in Exhibit A.
(g)
"Fiscal Year" means the consecutive twelve (12) month period which begins on every
October 1 and ends on the following September 30, during the term of this Agreement.
(h)
"Implementation Budget" means the amount of money Bonneville shall make available
to Port Angeles pursuant to Exhibit A to expend on Implementation Costs during the
Implementation Period.
(i)
"Implementation Costs" means the sum of all or part of the actual total costs to install or
implement Measures which result in Completed Units as identified for each Project in
Exhibit A.
G)
"Implementation Period" means the period of time from the Effective Date through 2400
hours on September 30, 2006, during which Completed Units are delivered, unless
extended by written agreement of the Parties.
(k)
"Measure(s)" means materials or equipment installed, or activities implemented, to
achieve Conservation, as identified in Exhibit A.
(1)
"Other Requirements" means any revision, restriction, or alteration which Bonneville
may impose on any Measure as a result of any directive or order of any court or
regulatory agency of competent jurisdiction, or the result of a final record of decision of
any process conducted by Bonneville pursuant to the National Environmental Policy Act.
(m) "Project" means the total of all Completed Units installed for each proposal under this
Agreement.
(n) "Regional Technical Forum" (RTF) means an organization composed ofBPA customers,
state agencies, public interest groups and Bonneville that has responsibility for
developing the list of recommended qualifying measures, some of which are eligible for
purchase under the Conservation Augmentation as deemed measures.
(0) "Unit" means any Measure orcombination of Measures which achieve Conservation as
provided in each Conservation proposal agreed to and incorporated in Exhibit (A).
(P) "Work in Progress" means Projects committed to by Port Angeles, the installation of
which has not been completed as of the date of any notice of termination of this
Agreement.
(q) "W orkday" means a day that both Parties recognize as a regular day of work.
3
OIES-I0390, Port Angeles
236
3. PURCHASE OF ENERGY SAVINGS
(a)
Bonneville agrees to purchase and Port Angeles agrees to sell the Energy Savings from
each Project incorporated into Exhibit A.
.
(b) Port Angeles may at any time propose additional Projects for Bonneville's consideration
to purchase during the term of this Agreement. Proposals submitted shall include the
information as outlined in the Bonneville Invitation to Reduce Loads through
Conservation, dated October 17, 2000, and include the funding sources as required in
section 5(a). Bonneville may request additional information on any project submitted
prior to acceptance. If Bonneville agrees to the terms for the purchase of Energy Savings
from additional Projects proposed, then Exhibit A shall be amended to add such Projects.
(c) Bonneville may at any time during the term of this Agreement send Port Angeles notice
that Bonneville will no longer accept proposals for additional Projects under this
Agreement.
(d) Bonneville shall not be obligated to pay for a Project that is completed and the Energy
Savings delivered after September 30, 2006.
4. IMPLEMENTATION BUDGET
(a) On the Effective Date of this Agreement, or when a Project is amended into Exhibit A,
Port Angeles is authorized by Bonneville to incur Implementation Costs in an amount
equal to the Implementation Budget for each Project described in Exhibit A.
(b)
I
Bonneville's purchase commitment, consistent with the Exhibit A, shall be available to
Port Angeles for the term of this Agreement, except as provided for in sections 13
(Suspension and Withholding Payment) and 14 (Termination).
.
(c) Unless otherwise described in Exhibit A, Bonneville shall not be obligated to pay costs in
excess of the Implementation Budget for any individual Project. Such costs shall solely
be paid by the Port Angeles.
(d) Bonneville may, but is under no obligation to supplement the Implementation Budget or
provide additional budget authority under this Agreement.
(e) Unless otherwise agreed in writing, the balance of any Implementation Budget remaining
after the completion, acceptance and payment for a Project shall be made available to
Bonneville.
(f) Agreements entered into by Port Angeles with their Consumers under this Agreement that
commit the Implementation Budget shall be signed prior to September 30, 2006.
5. OTHER SOURCES OF FUNDING
(a) For any proposal submitted, Port Angeles shall list all other sources of funding for
Projects and Measures other than that provided by Bonneville. Bonneville and Port
.
OlES-10390, Port Angeles
4237
,,{.'_r~f~~$~'-~~WWtff,,~~f$.~~-;':.';::.'~':S~~:~iti~':~~~l~rg~~~~tt>~,.
Angeles may then agree to the allocation of costs among the various funding sources.
.
(b)
;';'-;C' , .,.,;. '-:'.-'C~r.'" "',.":';.:_'" ':.\
Bonneville will not pay for any portion of the cost of a Project under this Agreement that
has been or would be paid or given credit for under any other Bonneville or Federal
contract or financial assistance agreement. No Project or Measure'claimed under
Bonneville's C&RD shall be eligible for payment under this Agreement.
6. PROJECT IMPLEMENTATION
Port Angeles shall:
(a) implement the Projects as described in Exhibit A;
(b) deliver Completed Units within the timelines described in Exhibit A unless as otherwise
agreed to by the Parities;
(c) cause only those Measures identified in Exhibit A to be installed in accordance with any
specifications for those Measures;
(d) implement Projects in accordance will all applicable building, electrical, environmental,
and health and safety regulations imposed by Federal, state and local laws, codes and
ordinances;
(e) unless otherwise specified in Exhibit A, submit a summary report, that includes the
information required by section 8(a), together with the associated invoice(s) to the
Bonneville representative identified in section 8(b); and
.
(f)
Port Angeles may subcontract to provide Compl~ted Units under this Agreement. If Port
Angeles does create such an arrangement, Port Angeles shall, by contract, require that the
entity comply with the terms and conditions of sections 9 (Records and Audits), 10
(Bonneville Oversight), 11 (Evaluations), 13 (Suspension and Withholding Payment), and
14 (Termination).
7. CONSUMER AGREEMENTS
For projects where Port Angeles establishes an agreement with the Consumer, wherein the
Consumer returns the funds to Port Angeles either through an addition to their utility bill, or due
to an obligation created by the Consumer's removal of the equipment, Port Angeles shall use
those returned funds to purchase additional Energy Savings.
8. INVOICING AND PAYMENT
(a) Unless otherwise specified in Exhibit A Port Angeles shall provide for each Project, an
invoice with the documentation detailing the Project costs and the Energy Savings. This
shall include, but is not limited to: the Energy Savings methodology, including, if the
Energy Savings are not deemed, any pre- and post metered data, formulas, assumptions,
operating hours used for determining the Energy Savings; the equipment installed; and
the Project costs, including but not limited to equipment costs, architecture and
engineering costs, labor, and other direct and indirect costs. Unless specified in Exhibit
A for the Project, the frequency of invoices shall either be: (1) no more often than
monthly for Projects with multiple Units expected to be delivered throughout the term of
this Agreement; or (2) a single invoices when the Project is completed.
.
OlES-I0390, Port Angeles
238
5
(b)
Invoices shall be transmitted to Bonneville at the following address:
.
Bonneville Power Administration
909 _.lst Avenue, Suite 380
Seattle, Washington 98104-3636
Attn: Betty J. Olsgaard
Telephone (206) 220-6781
Fax (206) 220-6805
Email: bjolsgaard@bpa.gov
(c) Bonneville shall pay on a cost reimbursement basis the amount invoiced by electronic
transfer of funds from Bonneville to the Port Angeles' bank account. Payment by
Bonneville shall be made on or before the close of business on the 30th day following the
date of receipt and acceptance ofa proper invoice by Bonneville's COTR. Should the
30th day be a day other than a Workday, the payment shall be due on the next Workday.
(d) Should there be a disagreement in the invoice amount, Bonneville and Pott Angeles agree
to work together to correct errors to the invoice submitted and any revisions noted on the
revised invoice. The Parties shall make reasonable efforts to make invoice adjustments as
soon as possible after Bonneville's receipt of the invoice.
9. RECORDS AND AUDITS
(a)
Port Angeles shall establish and maintain supporting documents and records for each
Project. The files for all projects implemented under this Agreement shall be clearly
designated as being Conservation Augmentation projects. The records for each Project,
Measure or Unit as appropriate shall include, but is not limited to: (1) the name, address,
and telephone number of the recipient; (2) the measure installed; (3) the kWh savings
from the measure; (4) documents detailing how the energy savings were determined; (5)
the total cost of the measure; and (6) the dollar amount invoiced to Bonneville.
.
(b) If Port Angeles participates in any of Bonneville's Conservation Programs, Port Angeles
shall maintain records sufficient to demonstrate the source of BP A funding, or credit for
each Project, Measure or Unit as appropriate.
10. BONNEVILLE OVERSIGHT
(a) Bonneville or Bonneville's agent shall have the right to conduct inspections of Units or
Completed Units and monitor or review Port Angeles' procedures, records, verified
Energy Savings methods and results, or otherwise oversee Port Angeles' implementation
of this Agreement. The number, timing, and extent of such audits shall be at the
discretion of Bonneville. Such audits shall occur at Bonneville's expense. Financial
audits shall be in compliance with the audit standards established by the Comptroller
General of the United States. Bonneville may contact appropriate Federal, State, or local
jurisdictions regarding environmental, health, or safety matters related to Units or
Completed Units.
(b) Prior to any physical inspection pursuant to section ID(a), Bonneville shall give Port
.
OIES-I0390, Port Angeles
6239
::;f.~ftt~;1',~~~~~~~;W~~~>}fr:\t(~,.?~~~~-;:\~~~W~~~~~~~l;~r' ~
.
Angeles written notice. Upon receipt of notice, Port Angeles shall have 30 day~ to
arrange for the inspection 9f lJnits or Conml~t~d Units, or review of energy audit or
Measure installation procedures, technical documents, records, or verified savings
methods and results.
(c)
Bonneville's Contracting Officer, or Contracting Officer's Representative, may issue
interpretations, determinations, and findings of the body of this Agreement that are
binding on the Parties. Such decisions shall be provided to Port Angeles in writing. In
administering this Agreement, only the written statements of Bonneville officials acting
within the scope of their authority shall be considered to be official Bonneville
statements.
11. EVALUATIONS
(a) Bonneville may conduct, and Port Angeles shall cooperate in, Conservation impact and
Project implementation process evaluations to assess the amount, cost effectiveness, and
reliability of Conservation in Port Angeles' service area or Region. Bonneville shall
select the timing, frequency, and type of such evaluations.
(b) Bonneville will set the specific requirements for evaluations with consideration for the
schedules and reasonable needs of Port Angeles and POlt Angeles' customers:
(c) Any evaluation of the Project initiated by Bonneville shall be conducted at Bonneville's
expense and such costs shall be excluded from the Implementation Budget.
.
12.
PROCEDURES FOR ADDITION OR REMOVAL OF MEASURES AND UNITS
(a) Measures may be removed from Exhibit A only upon agreement of the Parties; except
however, Bonneville may unilaterally remove any Measure from Exhibit A when such
removal is necessitated by Other Requirements.
(b) Units may be removed from Exhibit A, or the descriptions of Units revised, only upon the
agreement of the Parties; except however, Bonneville may unilaterally remove any Unit
or make necessary revisions to Unit descriptions when necessitated by Other
Requirements.
(c) Bonneville may provide notices that establish procedures for implementing this
Agreement. When such procedures are adopted by mutual agreement they shall be
amended into this Agreement.
13. SUSPENSION AND WITHHOLDING PAYMENT
(a) Bonneville and Port Angeles agree to amend Exhibit A to reflect a change to any Measure
that is required due to Other Requirements during the term of this Agreement.
(b) Bonneville and Port Angeles agree to an immediate suspension of the Project related to
any Measure that either Party determines after a'reasonable investigation presents a
significant environmental, health, or safety threat to Consumers. Port Angeles shall take
.
7
24001 ES-l 0390, Port Angeles
actions within 60 days, or another number of days as agreed in writing, to remedy the
environmental, health or safety threat to Consumers from past Measure installation, e.
and/or implement such other actions as the Parties agree to. The Project shall resume
only when Bonneville is satisfied that the Contractor has remedied the environmental,
health or safety threat to Consumers.
(c) If Bonneville determines that Port Angeles' Project implementation is not in substantial
compliance with the environmental, technical, and/or record-keeping requirements of this
Agreement, Bonneville shall provide a written report to Port Angeles identifying the
specific nature of the noncompliance and the Measures affected thereby and withhold
further payment ofhnplementation Costs claimed by Port Angeles for such Measures.
(d) Upon receipt of the report specified in subsection l3(c), Port Angeles shall not submit
additional invoices for hnplementation Costs for the Measures identified in the report.
(e) Port Angeles shall take action to bring the Project into substantial compliance with the
environmental, technical and/or record-keeping requirements of this Agreement within
thirty (30) days and shall notify Bonneville when corrective action has been completed.
(f) If Port Angeles has not brought the Project into substantial compliance as provided for in
subsection 13(e), then Bonneville may either:
(1)
continue to withhold payment of hnplement Costs until such time as Bonneville
and Port Angeles agree that the Project is in substantial compliance with the
environmental, technical and/or recording-keeping requirements of this
Agreement; or
(2)
terminate this Agreement in accordance with section 14.
e
(g) If Bonneville continues to withhold further payment ofhnplementation Costs pursuant to
subsection 13( c), Bonneville shall not accept and make payment for any Energy Savings
from the Measures or Completed Units which are not in substantial compliance with the
environmental, technical, and/or record-keeping requirements of this Agreement.
(h) After a suspension imposed under section l3(a) or l3(b) has been lifted or an event of
noncompliance under section l3(c) has been corrected, Bonneville shall pay for all claims
that are in substantial compliance with this Agreement. including claims for work
performed during the previous suspension period, except that for environmental, health,
or safety costs incurred due to noncompliance with Federal, State, or local agency
regulations, Port Angeles shall bear the costs of compliance. Bonneville shall also accept
the Energy Savings from the affected Completed Units if a section l3(a) or (b)
suspension is lifted and if Port Angeles has completed actions bringing the affected
Completed Units into substantial compliance with this Agreement.
14. TERMINATION
(a) Either Party may terminate this Agreement upon thirty (30) calendar days' written notice.
Port Angeles shall have one (1) year from the effective date of termination pursuant to
e
01 ES-I 0390, Port Angeles
8241
;.~::}~f).1~':'g:,P:"~kW~~ff,l:f~rlH1.~:;f;;;..,:~';7:~. 'In;~!'~~t~rtl;r~r,~~~if~}~/1~:1'~
.
this section to complete Work in Progress.
Bonneville may terminate thi~Agreement by giving Port Angeles thirty (30) days' written
notice, if Port Angeles has failed to comply with the following:
(b)
(1) the enVironmental, technical, or record-keeping requirements. Port Angeles'
commitments to Consumers shall be the responsibility of Port Angeles.
(2) for cause upon Port Angeles' failure to comply with this Agreement, including
use of any portion of the hnplementation Budget in a manner that is inconsistent
with this Agreement.
(c) Bonneville may terminate this Agreement by giving Port Angeles thirty (30) days' written
notice if Port Angeles:
(1) gives notice to Bonneville that it will stop placing firm load on Bonneville
pursuant to its existing, amended, or new firm power sales contract with
Bonneville (for the sale of power and energy to meet all or a portion of Port
Angeles' firm electrical energy load or electric peaking requirements) for a
period of at least one (1) year;
(2) gives notice to Bonneville of its intent to terminate, or terminates, such existing
or new firm power sales contract with Bonneville; or
(3)
if Port Angeles becomes insolvent, files a petition for bankruptcy or
reorganization, or assigns substantially all assets to creditors and consequently
Bonneville no longer serves P0l1 Angeles' loads. Port Angeles' commitments to
Consumers shall be the responsibility of Port Angeles.
.
(d) There shall be no period to complete work in progress beyond the effective date of
termination available to Port Angeles for a termination under subsection 14(b) and 14(c).
Port Angeles' commitments to Consumers shall be the responsibility of Port Angeles.
(e) If this Agreement is terminated in accordance with section 14(c), a termination charge
shall be determined pursuant to this subsection 14(e). The termination charge shall be
based on the ratio of the total Conservation expected for the life of the Completed Units
less the Energy Savings achieved to the date of termination, compared to the total
Conservation expected for the life of the Completed Units. Port Angeles shall pay the
termination charge returning payments received from Bonneville for the Conservation not
yet acquired by Bonneville in accordance with the following formula:
R = P*(T -A)/T
Where:
R= Reimbursement to Bonneville;
P= Bonneville payments made to Port Angeles for hnplementation Costs to
.
24 20 1 ES-10390, Port Angeles
9
the termination date of this Agreement;
A=
Total Energy Savings through the date of termination of this Agreement:
and
T= Total estimated Conservation for the life of all Completed Units achieved
to the date of termination of this Agreement.
The following conditions apply to this charge:
(1) The Energy Savings values for Completed Units shall be consistent with Exhibit
A. Measure life values shall be consistent with the Bonneville Energy
Conservation Guidebook published in October 1993, or in effect at the time this
reimbursement is calculated.
(2) Bonneville shall present an invoice to Port Angeles for payment calculated
pursuant to this section 14(e).
(3) Port Angeles may reimburse Bonneville by either:
(a) making a lump sum payment within thirty (30) calendar days of the date
of Bonneville's invoice; or
(b)
by making no more than 12 consecutive equal monthly payments, with
the first payment and each succeeding payment due within thirty (30)
days of the date of Bonneville's invoice.
(4) Ifreimbursement is accomplished by installments, interest shall be charged on the
outstanding balance in accordance with average Bonneville Interest Earning Rate
with the United States Treasury. Interest shall be calculated for the period of
time between the date of the first payment made by Bonneville to Port Angeles
and the date of the first reimbursement payment made by Port Angeles to
Bonneville for which reimbursement to Bonneville is being made in accordance
with this section.
15. ENVIRONMENTAL PROVISIONS
(a) Bonneville in the performance of this Agreement shall comply with all of its obligations
pursuant to the National Environmental Policy Act.
(b) The Parties agree to:
(1) comply fully with all applicable Federal, State, and local environmental laws;
(2) to assist and to cooperate with each other in meeting each other's environmental
obligations, to the fullest extent economically and technically practical and
mutually agreeable; and
01 ES-I 0390, Port Angeles
.
.
.
10243
.
.{~1.l!~~~~~f' " """,r~ft~ill'''~'iii>
(3)
provide upon request of the other Party a copy of the pollution abatement plans
as required by the. Cl~an Air Act.,bXthe Clean Water Act, by other federal
statutes, or by an agency having junsdiction and within a reasonable time submit
evidence that such plans have been approved or have not been objected to by
agenc!es with jurisdiction.
16. STANDARD PROVISIONS
(a) No oral or written amendment, rescission, waiver, modification, or other change of this
Agreement shall be of any force or effect unless set forth in a written instrument signed
by authorized representatives of each Party.
(b) This Agreement is binding on any successors and assigns of the Parties. Bonneville may
assign this Agreement to another Federal agency to which Bonneville's statutory duties
have been transferred. Neither Party may otherwise transfer or assign this Agreement. in
whole or in part, without the other Party's written consent. Such consent shall not be
unreasonably withheld. Bonneville shall consider any request for assignment consistent
with applicable Bonneville statutes.
(c)
.
.
The Parties shall provide each other with any information that is reasonably required, and
requested by either Party in writing, to operate under and administer this Agreement.
Such information shall be provided in a timely manner. If such information is subject to
a privilege of confidentiality, a confidentiality agreement or statutory restriction under
state or Federal law on its disclosure by a Party to this Agreement, then that Party shall
endeavor to obtain whatever consents, releases, or agreements are necessary from the
person holding the privilege to provide such information while asserting the
confidentiality over the information. Informatioh provided to Bonneville which is subject
to a privilege of confidentiality or nondisclosure shall be clearly marked on each
appropriate page as such and Bonneville shall not disclose such information without
obtaining the consent of the person or Party asserting the privilege, consistent with
Bonneville's obligation under the Freedom of Information Act. The Consumer's
company name, estimated and/or actual Energy Savings, and estimated and/or actual
Implementation Costs for Units and Completed Units may not be designated as
proprietary information.
(d) This Agreement, including all provisions, exhibits incorporated as part of this Agreement,
and documents incorporated by reference, constitutes the entire agreement between the
Parties. It supersedes all previous communicationsrrepresentations,or contracts, either
written or oral, which purport to describe or embody the subject matter of this
Agreement.
(e) The exhibits listed in the. table of contents are incorporated into this Agreement by
reference. The exhibits may only be revised upon mutual agreement between the Parties
unless otherwise specified in this Agreement. The body of this Agreement shall prevail
over the exhibits to this Agreement in the event of a conflict.
(f) The Parties agree that there are no unspecified third party beneficiaries of this
Agreement. Nothing contained in this Agreement is intended to confer any right or
11
2441 ES-I 0390, Port Angeles
interest to anyone other than the Parties, their respective legal representative, assigns or
successors.
.
(g) Except as otherwise provided herein or as agree by the Parties, no provision of this
Agreement may be waived except as confirmed in writing. Any waiver at any time by a
Party of its rights with respect to a default under this Agreement, or any other matter
arising in connection therewith, shall not be deemed a waiver with respect to any
subsequent default or matter. Either Party may waive any notice or agree to accept a
shorter notice that specified in the Agreement. Such waiver of notice or acceptance of
shorter notice by a Party shall not be considered a wavier with respect to any subsequent
notice required under this Agreement.
(h) If any term of this Agreement is found to be invalid by a court of competent jurisdiction
then such term shall remain in force to the maximum extent permitted by law. All other
terms shall remain in force unless that term is determined not to be severable from all
other provisions of this Agreement by such court.
(i) This Agreement shall be governed by and interpreted under Federal law.
17. UNCONTROLLABLE FORCE
(a)
Any obligation of a Party to perform under this Agreement, except an obligation to pay
amounts due under this Agreement, shall be excused when such failure to perform is due
to an Uncontrollable Force. In the event that either Party is unable to perform due to an
Uncontrollable Force, such Party shall exercise due diligence to remove such inability
with reasonable dispatch. Nothing in this section shall be construed to require either
Party to settle any strike or labor dispute in which it may be involved.
.
(b) Each Party shall notify the other in writing as soon as practicable of any Uncontrollable
Force that may impair performance under this Agreement. Failure to give such notice
within a reasonable period shall be deemed a waiver of such Uncontrollable Force.
(c) Uncontrollable Force is an act or event beyond the reasonable control of a Party, and
which by exercise of due diligence and foresight such Party could not reasonably have
been expected to avoid or remove, which impairs the ability of the Party to perform and,
includes, but is not limited to, failure of or threat of failure of facilities, flood, earthquake,
storm, accident, fire, lightning, and other natural catastrophes; epidemic, war, labor, or
material shortage, strike or labor dispute, or sabotage; and also includes restraint by an
order of a court of competent jurisdiction or by regulatory authorities against any action
taken or not taken by a Party, after a good faith effort by the appropriate Party to obtain:
(I) relief from such order; or (2) any necessary authorizations or approvals from any
governmental agency or regulatory authority.
18. LIABILITY
(a) To the extent allowed by the Federal Tort Claims Act, Bonneville agrees to defend,
indemnify, and hold harmless Port Angeles, its affiliated companies, their respective
boards of directors, officers, employees, agents and representatives, against and from any
.
0IES-I0390, Port Angeles
12 245
.
.
'14+\!~,~'t7ff.~if?~W~~,w;:;,:\~'~'b";i" '\;y#~Ht~1~~~~~~':~
and all loss, claims, actions, or suits, for or on account of injury, bodily or otherwise to,
or death of persons, orf()rdaIllage to or d~stI)lction of property belonging to Port Angeles
or others, resulting from Bonneville's negligent acts or omissions or intentional
misconduct in connection with the performance of this Agreement, excepting that any
liability attaching to Bonneville shall be reduced by any proportion that such injury or
harm is caused by negligence or intentional misconduct of Port Angeles, its affiliated
companies, their respective boards of directors, officers, employees, agents or
representatives.
(b)
Port Angeles agrees to defend, indemnify, and hold harmless Bonneville, its employees,
agents and representatives, against and from any and all loss, claims, actions, or suits, for
or on account of injury, bodily or otherwise to, or death of persons, or for damage to, or
destruction of property belonging to Bonneville, or others, resulting from Port Angeles'
negligent acts or omissions or intentional misconduct in connection with the performance
of this Agreement, excepting that any liability attaching to Port Angeles shall be reduced
by any proportion that such injury or harm is caused by negligence or intentional
misconduct of Bonneville, its eIllployees, agents or representatives.
(c)
No Party ("First Party") shall be liable to the other Party ("Second Party") for any injury
or death to any person, or for any loss or damage to any property, caused by or arising out
of an electric disturbance on the First Party's electric system, whether or not such electric
disturbance resulted from the First Party's negligent, grossly negligent, or wrongful act or
omISSIon.
(d)
Bonneville and Port Angeles assert that neither Party is the agent or principal for the
other, nor are they partners or joint ventures; and the Parties agree that they will not
represent to any other party that they act in the. capacity of agent or principal for the
other.
(e) In no event shall either Party be liable to the other Party hereto for any special, punitive,
exemplary, consequential, incidental, or indirect losses or damages for any failure of
performance howsoever caused, whether or not arising from a Party's sole, joint, or
concurrent negligence.
(f) Port Angeles agrees that Bonneville has no responsibility for production of Energy
Savings under this Agreement.
(g) Independent contractors contracting with either Party to implement the provisions of this
Agreement shall be required by contract to indemnify and hold harmless the other Party
from all claims, damages, losses, liability, and expenses arising from breach of contract.
statutory and regulatory claims, and the negligent or other tortious acts or omissions of
such independent contractors, their officers, employees, or agents. Nothing in this
Agreement shall establish, or be construed as establishing, a contractual relationship
between Bonneville and any contractor or subcontractor hired by Port Angeles to
participate in the Project's implementation.
19. DISPUTE RESOLUTION
.
13
24601 ES-l 0390, Port Angeles
(a)
The Parties shall make a good faith effort to negotiate a resolution of disputes before
initiating litigation. During a contract dispute or contract issue between the Parties
arising out of this Agreement, the Parties shall continue performance under this
Agreement pending resolution of the dispute, unless to do so would be impossible or
impracticable.. Port Angeles reserves the right to seek judicial resolution of any dispute
arising under this Agreement that is not subject to arbitration under this section 19.
.
(b) Final actions subject to section 9(e) of the Northwest Power Act are not subject to
binding arbitration and shall remain within the exclusive jurisdiction of the United States
Ninth Circuit Court of Appeals. Any dispute regarding any rights of the Parties under
any Bonneville policy, including the implementation of such policy, shall not be subject
to arbitration under this Agreement. Port Angeles reserves the right to seek judicial
resolution of any dispute arising under this Agreement that is not subject to arbitration
under this section 19. For purposes of this section 19 Bonneville policy means any
written document adopted by Bonneville as a final action in a decision record or record of
decision that establishes a policy of general application, or makes a determination under
an applicable statute. If either Party asserts that a dispute is excluded from arbitration
under this section 19, either Party may apply to the Federal court having jurisdiction for
an order determining whether such dispute is subject to arbitration under this section 19.
(c)
Any contract dispute or contract issue between the Parties arising out of this Agreement,
except for disputes that are excluded through section 19(a) above, shall be subject to
binding arbitration. The Parties shall make a good faith effort to resolve such disputes
before initiating arbitration proceedings. During arbitration, the Parties shall continue
performance under this Agreement pending resolution of the dispute, unless to do so
would be impossible or impracticable.
.
(d) Any arbitration shall take place in Portland, Oregon, unless the Parties agree otherwise.
The CPR Institute for Dispute Resolution's arbitration procedures for commercial
arbitration, Non-Administered Arbitration Rules (CPR Rules), shall be used for each
dispute; provided, however, that: (1) the Parties shall have the discovery rights provided
in the Federal Rules of Civil Procedure unless the Parties agree otherwise; and (2) for
claims of $1 million or more, each arbitration shall be conducted by a panel of three
neutral arbitrators. The Parties shall select the arbitrators from a list containing the
names of 15 qualified individuals supplied by the CPR Institute for Dispute Resolution.
If the Parties cannot agree upon three arbitrators on the list within 20 business days, the
Parties shall take turns striking names from the list of proposed arbitrators. The Party
initiating the arbitration shall take the first strike. This process shall be repeated until
three arbitrators remain on the list, and those individuals shall be designated as the
arbitrators. For disputes involving less than $1 million, a single neutral arbitrator shall be
selected consistent with section 6 of the CPR Rules.
(e) Except for arbitration awards, which declare the rights and duties of the Parties under this
Agreement, the payment of monies shall be the exclusive remedy available in any
arbitration proceeding. Under no circumstances shall specific performance be an
available remedy against Bonneville. The arbitration award shall be final and binding on
both Parties, except that either Party may seek judicial review based upon any of the
grounds referred to in the Federal Arbitration Act, 9 U.S.c. 91-16 (1988). Judgment
.
0IES-I0390, Port Angeles
14 24 7
.
upon the award rendered by the arbitrators may be entered by any court having
jurisdiction thereof.
Each Party shall be responsible for its own costs of arbitration, including legal fees. The
arbitrators may apportion all other costs of arbitration between the Parties in such manner
as they deem reasonable taking into account the circumstances of the case, the conduct of
the Parties during the proceeding, and the result of the arbitration.
(f)
20. NOTICES
(a) Any notice required under this Agreement shall be in writing and shall be delivered: (1)
in person; (2) by a nationally recognized delivery service; or (3) by United States
Certified Mail. Notices are effective when received. Either Party may change its address
for notices by giving notice of such change consistent with this section.
If to Port Angeles:
.
THE CITY OF PORT ANGELES
PO Box 1150
Port Angeles W A 98362-0217
Attn: Scott McLain
Deputy Director of Power Systems
Phone: 360-417-4703
FAX: 360-417-4709
E-Mail: palight@ci.port-ange1es.wa.us
If to Bonneville:
Bonneville Power Administration
P.O. Box 3621
Portland, OR 97208-3621
Attn: Charles W. Forman, Jr. - PSW/6
Account Executive
Phone: 503-230-3432
FAX: 503-230-3544
E-Mail: cformanjr@bpa.gov
. SIGNATURES
The signatories represent they are authorized to enter into this Agreement on behalf of the Party
for whom they sign.
21.
PUBLIC UTILITY DISTRICT NO.1 OF PORT
ANGELES COUNTY, WASHINGTON
By
Name Michael Quinn
(Print/Type)
Title City Manger, City of Port Angeles
Date
PBLLAN\W\PM\II_16\Port Angeles\0IES-10390 6_8_01
.
UNITED STATES OF AMEIDCA
Department of Energy
Bonneville Power Administration
By
Account Executive
Name Charles W. Forman, Jr.
(Print/Type)
Date
OlES-10390, Port Angeles
248
15
Exhibit A
Project Proposals, Energy Savings & Project Budgets
.
1. Limited Standard Offer fOf Commercial Lighting
A. Description
This Limited Standard Offer (LSO) provides rebates for retrofits of lighting in conunercial buildings. The
Measures eligible for payment under this LSO include only those listed in the Verification Report. In
addition, a 25% watt reduction for each Project is required to receive the rebate. Port Angeles shall ensure
that all materials, including PCB ballasts, are disposed of in accordance with current environmental laws.
Port Angeles shall implement a conunercial sector lighting retrofit program designed to install the
Measures listed in the Verification Report below. Port Angeles may implement the program using Port
i\nge les' staff or contractors to provide the services necessary to install the Measures.
Port Angeles shall provide a work plan to Bonneville which includes (1) a brief description of Port
Angeles' program, (2) method for determining eligible buildings, and (3) qualifications required for
auditors, installers and inspectors.
Bonneville shall review this work plan and upon acceptance, send written notification to proceed.
B. Implementation Period
This LSO is available from the Execution Date of the Agreement, or amendment through September
30, 2003. This may be extended by modification of this LSO.
c. Energy Savings Verification
Port Angeles shall inspect all installations to ensure Measures are installed correctly and the Measures
meet the specifications listed in Section F of this LSO. Port Angeles shall complete and sign the
Verification Report and attach the Wattage Reduction Summary Sheet, or equivalent, for each
Project and submit it with the invoice as described in section D below. Port Angeles shall retain all
supporting documents for each Project that include, but are not limited to, purchase orders,
subcontractor invoices, preproject estimates, or other related Project documents. Bonneville may
review these records as provided for in this Agreement.
.
D. Bonneville Payment & Invoicing Requirements
Bonneville shall provide $200,000 for implementation of this proposal. Port Angeles may invoice
Bonneville up to this total Implementation Budget for this LSO through September 30, 2003. If
Port Angeles expends this Implementation Budget amount prior to September 30, 2003, Port
Angeles may request additional Implementation Budget. Bonneville will review the request and may
add additional funds to the Implementation Budget by modification to this Agreement.
Port Angeles may invoice Bonneville when Projects are complete, but no more often than once a
month. Bonneville shall review and upon acceptance pay the reimbursements for measures installed.
Port Angeles shall, if requested by Bonneville, arrange for an on-site inspection by Bonneville of the
Measures installed.
E. Program Requirements
1. The facility shall be non-residential and served by Port Angeles.
2. The rebate shall not exceed 100 percent of the actual total cost.
3. All retrofit Projects must reduce the connected lighting wattage by 25%.
4. Rebates are available for existing facilities only.
.
.
01 ES-I 0390, Port Angeles
100 249
.
5. Specify Energy Star labelingi( available.
F. Specifications for in~tallation
Electronic Ballasts for Full Size Fluorescent Lamps
1. Listing: The ballast must be listed on the most current Lighting Design Lab Specification
Committee's Electronic Ballast List for Full Size Fluorescent Lamps.
2. General: All electronic ballasts shall meet the requirements ofU.L. 935 and shall bear the
appropriate U.L.label.
3. Warranty: The electronic ballast shall be warranted against defects in material and workmanship
for three years. The warranty shall include either a $10.00 replacement labor allowance or
complete replacement including labor by an agent of the manufacturer.
4. Mechanical Characteristics: Electronic ballasts shall have the same physical dimensions and
mounting arrangements as those of their core and coil counterparts.
5. Electrical Characteristics: The electronic ballast shall withstand input power line transients as
defined in ANSI C62.41. The ballast shall tolerate a line voltage variation of + / - 10%.
6. The power factor shall be 95% or higher. The lamp crest factor shall measure 1.7 or less for
rapid start ballasts and 1.85 or less for instant start ballasts.
7. Total harmonic distortion of the input current to the electronic ballast shall not exceed 20% of
the input current.
8. The electronic ballast shall be Class "A" sound rated and UL Class "P" thermally protected.
9. The electronic ballast shall comply with FCC rules and regulations Part 18 concerning the
generation of both EM! (electromagnetic interference) and RFI (radio frequency interference).
10. Electronic ballasts shall operate the lamp at a frequency of 20 khz or greater.
11. The ballasts shall start and operate standard lamps at 50 degrees F and energy savings lamps at
60 degrees F. Ballast casetemperature shall not exceed 25 degrees C rise above a 40 degrees C
ambient temperature.
12. The ballast shall be provided W~ an internal fl.1se to protect the electrical power supply from
internal component failure. The ballast shall ai~o be short-circuit protected in the event of
nuswmng.
.
1.
2.
3.
4.
5.
6.
7.
.
Compact Fluorescent Low Wattage Fluorescent Ballasts
This specification applies to magnetic and electronic ballasts of either integral or modular
configuration operating 5 to 30 watt fluorescent lamps, regardless of shape or number of driven
lamps. This specification does not apply to ballasts operating fluorescent lamps 2' and longer.
Listing: The ballast must be listed on the most current Lighting Design Lab Specification
Committee's Electronic Ballast List for Low Wattage Fluorescent Lamps.
All ballasts shall comply with Underwriters Laboratory (UL) requirements and shall bear the
appropriate labels.
The power factor for all ballasts shall be 90% or higher.
Total harmonic distortion (fHD) of the input current shall not exceed 33% of the fundamental
60Hz. current.
Electronic Ballasts shall comply with FCC rules and regulations Part 18, concerning
Electromagnetic and Radio Frequency Interference (EM! and RFI)
Electronic ballasts covered by this specification shall withstand input power line transients as
defined in ANSI C62.41.
All equipment covered by the specification shall be Class "P" thermally protected where required
by Code.
2 of2
OlES-I0390, Port Angeles
Exhibit A, Projects, Energy Savings & Project Budgets
250
8. For all modular ballasts, the lamp current crest factor (ratio of peak current to RMS current of
the modulated waveform) shall not exceed 1.7 for rapid start ballasts or 1.85 for instant start
ballasts.
9. The ballast shall be capable of starting the designated lamp at the minimum temperature
established by the lamp manufacturer. Integral units shall state minimum starting temperature.
10. All ballasts shall be Class "A" sound rated.
.
Full Size Fluorescent Lamps:
1. Lamps shall be 1" in diameter T8.
2. Lamps shall have Rare Earth phosphor coating and have a minimum CRr of 80.
Fluorescent Luminaires:
1. Components or luminaires shall be D.L. listed or classified.
Compact Fluorescent Lamps:
1. Lamps shall have Rare Earth phosphor coating having a minimum CRr of 80.
Screw-in Compact Fluorescent:
1. Total harmonic distortion (lED) of the input current shall not exceed 33% of the fundamental
60 Hz. current.
2. Lamps shall meet Energy Star requirements. No equivalents allowed.
Compact Fluorescent Fixtures:
1. Components or luminaires shall be u.L. listed or classified.
2. Recessed downlights shall have a reflector specifically designed for the lamps.
3. Recessed downlights shall be vented to provide convective cooling to the lamp.
.
HID Lighting:
1. Luminaires and retrofit kits shall be D.L.listed or classified per specific application, (e.g., exterior
luminaires to carry a D.L. wet or damp label designation).
Occupancy Sensors:
1. Occupancy sensors shall be u.L. listed or classified.
2. Controlled luminaire wattage shall not exceed occupancy sensor electrical load capacity.
3. Occupancy sensors shall be provided with manual sensitivity adjustment or and an adjustable or
fixed time delay during which controlled luminaires remain on after the space is vacated. Fixed
time delay shall be at least 30 seconds and no more than 20 minutes.
4. Occupancy sensors shall be provided with a minimum 3 year manufacturer warranty.
Programmable Thermostats
1. Programmable thermostat shall have deadband and 7-day setback capabilities; heat pump
thermostats shall also have optimal start and emergency heat lockout features.
2. Programmable thermostats shall include a switch to manually activate the fan. The fan shall run
continuously when this switch is on. The fan shall run only when the thermostat calls for
heating or cooling when this switch is off.
3. Programmable thermostats shall be provided with a battery back up.
.
01 ES-I 0390, Port Angeles
Exhibit A, Projects, Energy Savings & Project Budgets
300
251
New Lighting Fixtures to Replace Existing
Fixtures
Fluore.rcent Fixtures, 4' or less with Elect. Ballasts and T 8 /amps
2, 3, or 4 lamps $30 I I I
1 lamp $15 Fluorescent Fixture, over 4' with Elect. Ballasts and T8 Lamps I I
2, 3, or 4 lamps $40 I
1 lamp $20
Compact Fluorescent Fixtures, Hard Wired
5 - 17 watts nominal $35 I I I
Greater than 17 watts nominal; $45
Exit Signs
Less than 5 Watts (LED) $30 I I I
High Pressure Sodium or Metal Halide Fixtures
100 W or less $70
101 W - 399W $120
400 W or greater $200
\"i~"':''il-\(,It:',';i:~~',~:-i;,''Ii,I_::',,~ ':F"+';, '-,;' ,0 \1:'t9'~~';0'~~,${:;_1i:.';0':'J;'''~':~':0i'':'
.
Table 1: Verification Report
~:i \,~,(~ -~:':':\A, :f.,; ~:;: \;,ri,T-~
Modifications to Existing Fixtures
.
. Item
Rebate
Existing Fluorescent Fixtures, with magnetic ballasts;
And T12 lamps. 4' or less. change to:
T8 lamps and electronic ballasts with: 2 to 4 $30
lamps
1 lamp $15
and T12 slim line lamps. 5' to 8'. change to:
T8 lamps and electronic ballasts with: 2 to 4 $40
lamps
1 lamp $20
and T12 HO or VHO lamps. 5' to 8'. change to:
T8 lamps and electronic ballasts with: 2 to 4 $50
lamps
1 lamp $40
Existing Incandescent Fixture, change to:
Compact Fluorescent, hard wired, replaceable $30
lamp
Screw-in Compact Fluor., locking base, $15
replaceable lamp
Screw in compact fluorescent $7
Existing Exit Sign, over 17 watts, change to:
Less than 5 Watts ED $35
Item
1:'Rebate
.
Installed
Quanti
Total Rebate
I
I
I
Total Rebate
2 5 ~ ES-10390, Port Angeles
10f2
Exhibit A
Bonneville Contract No. 01ES-10389
New Lighting and HV AC Controls
ccupancy sensors
Wall-switch mount! 100 to 300 W $20
over 300 W $35
Ceiling or high wall mount, over 300 W $45
Programmable Setback Thermostat (with optimal start and emergency heat lockout)
For HV AC systems with electric resistance $50
heat or Heat Pumps
Total I
Item
. Rebate
Total Rebate
.
o
Building Name and Address:
Total Cost: $ kWh Savings: % Watt Reduction
o Watt Reduction Achieved 0 All Equipment Meets Minimum Equipment Specifications
o The Rebate Items listed above have been installed and are operational
Inspected and Approved by: Date:
.
.
01 ES-10390, Port Angeles
Exhibit A, Projects, Energy Savings & Project Budgets; Table 1: Verification Report
20f2
253
N
c.n
~
.
.
.
Exhibit A
Bonneville Contract No. 01ES-l0389
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01 ES-10390, City of Port Angeles
1 of I
FORT ANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
June 18,2001
To:
MAYOR DOYLE AND CITY COUNCIL
FROM:
Glenn A. Cutler, Director of Public Works and Utilities
SUBJECT:
BP A Rate Mitigation Agreement and 3-way Agreement for Daishowa Load Reduction
Summary: The Bonneville Power Administration (BP A) will be implementing substantial
wholesale power rate increases starting in October. If all of BP A's customers can reduce their
load requirements, the size of the increase will be considerably lower than ifBPA is required to
serve the entire forecast load.
Recommendation: City Council authorize the City Manager to sign the Rate Mitigation
Agreement with the Bonneville Power Administration along with an agreement with
Daishowa America and BP A committing Daishowa to reduce their electrical load .
re uirements on the Ci .
Backeround I Analvsis: The Bonneville Power Administration (BP A) is anticipating substantial
wholesale power increases starting this October. The increases are being driven by the high price of
market power which BP A will need to purchase to serve loads in excess of the power they are able to
generate with their own resources. It is in the best interest of all the customers ofBP A to reduce these
market purchases and lower the rate increase necessary this fall.
BP A needs to have final figures for the amount ofload they will be required to serve by June 22, 2001,
for the rate case calculations which will set rates for the first six month period starting October 1,2001.
All utilities in the Northwest are being asked to commit to reducing their load on BPA by 10% starting
this fall. BP A has commitment from other groups they are serving, including some of the Direct Service
Industries, the investor owned utilities, and a group called the block/slicers, but that commitment is
contingent on getting the majority of the public utility customers to commit to the 10% reduction also.
The City can meet its 10% reduction through a combination of several programs. These include our
conservation program offerings, residential and commercial consumer electricity reduction incentives,
along with an agreement with Daishowa America to reduce its pulp refining load by purchasing pulp
from out of the area. The load reduction commitment by Daishowa will be compensated by a payment
from the BP A. The Three way agreement between Daishowa, the City and BP A des~ribes the conditions
for the load reduction and payments. This should result in reductions to our load on BP A by about nine
MWa, and meet our 10% load reduction on BPA.
These agreements were reviewed at the June 11,2001 UAC meeting and recommended for approval.
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N:\PWKS\LIGHT\POWM\FORMSlcc06180 1 ratemitigation.wpd
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FOR TANGE LES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
June 18,2001
To:
MAYOR DOYLE AND CITY COUNCIL
FROM:
Glenn A. Cutler, Director of Public Works and Utilities
SUBJECT:
Consumer Electricity Reduction Agreement
Summary: The Bonneville Power Administration is offering a program for commercial and
residential customers which will pay consumers to reduce their electrical load on the utility.
Customers that can reduce their load by more than 10% can receive an incentive at the rate of$.046
per kWh for all savings above 10%.
Recommendation: City Council authorize the City Manager to enter into the Consumer
Electricity Reduction A2reement with the Bonneville Power Administration.
Background I Analvsis: The Bonneville Power Administration needs to reduce the amount of load .
it is required to serve to be able to lower the amount of the wholesale rate increase that will be
effective starting in October. This BP A sponsored program provides incentives for commercial and
residential customers that reduce their load on our utility.
The financial incentive is based on a customer reducing their monthly consumption by at least 10%.
Any kWh savings above 10% would receive a payment of$.046 per kWh. The Utility would receive
a payment of$.Olper kWh for administering the program.
To qualify for the program, residential and commercial customers cannot be participating in any
other BP A funded Conservation Augmentation programs other than the Compact Flourescent Light
Program or the Vending Miser Program.
This program will also contribute to the City's commitment to reduce load by 10% in our Rate
Mitigation Agreement with BP A.
This agreement was recommended for approval by the Utility Advisory Committee at the June 11,
2001 meeting.
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N:\PWKS\LIGHT\POWM\M EMOS\cc06 I 801 elecreduc.wpd
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DATE:
To:
FROM:
SUBJECT:
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WASHINGTON, U.S.A
CITY COUNCIL MEMO
June 18,2001
MAYOR DOYLE AND CITY COUNCIL
Glenn A. Cutler, Director of Public Works and Utilities
Marketing Services Professional Services Agreement
Summary: The anticipated wholesale electric rate increase, energy crisis and water shortage
heighten the need to communicate with City utility customers. Informing and educating
customers about these issues and proven ways to minimize impacts is important.
Recommendation: Authorize the Mayor to enter into the Marketing Services Professional
Services A2reement with Den-Ree Productions.
Back2round/Analvsis: On April 17, 2001, the City Council authorized the Director of Public
Works to implement a conservation program that qualifies for the Bonneville Power .
Administration (BP A) Conservation and Renewables Credit Discount (C&RD). On May 22,
200 I, City Council approved a $20,000 advertising budget for the implementation and marketing
plan.
Acceptance of the Marketing Services Professional Services Agreement would provide needed
marketing services to create awareness of the BPA wholesale power rate increase followed by a
City retail rate increase anticipated this Fall. The marketing services will also assist the City
with customer communications on the water shortage and energy conservation program. These
issues present significant communication challenges such as: informing customers about the
reasons for rate increases; soliciting customers to take action to reduce energy and water usage;
and educating customers about the steps they can take to reduce their consumption and costs.
The proposed scope of work includes services to produce, schedule and place print, radio and
television advertisements and materials. The maximum compensation under the Agreement
during the remainder of this year is $8,050. The maximum compensation to produce print, radio
and television advertisements is $100, $50, and $525 respectively. The maximum advertising
expenditures during the remainder of this year is $11,900. Video programs and commercials will
also be on the City's government/educational access channel to increase exposure.
Outsourcing these services is the most effective and efficient way to implement the
implementation and marketing plan. Den-Ree Productions has the expertise and is available to
complete the scope of work. On June 11,2001, the Utility Advisory Committee supported the .
above recommendation. A copy of the Professional Services Agreement is attached.
N,IPWKS\l.IGIll\CONS\CONSERV A TION6DOC
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June 7,2001
Den-Ree Productions
670 Lotzgesell Road
Sequim, W A 98382
Ph; (360)- 683-2677
Larry Dunbar
power Resources Manager
The City of Port Angeles
315 East 5th Street
Port Angeles, WA. 98362
Larry;
Here are the details of our prgposal to implement the marketing and advertising
components of the city's conservation and public awareness campaign between
now and the end of 2001.
\<",,:;
Exhibit "A" shows the details of the cost breakdown for our services and
expenditures for the program, which includes both market consulting, and
production costs through the end of December, 2001. It also includes an
explanation of how we will work with the city in the approval and implementation
of the marketing and advertising materials to be used through the local radio,
print and television media.
Exhibit "B" outlines the schedule for the program, and how it fits with the overall
scope of the conservation and rate awareness campaign over the next several
months.
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We looked forward to working the City of Port Angeles to educate, and inspire,
the public about the critical role of conservation during these challenging times.
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Dennis Bragg
Den-Ree Productions
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Exhibit A - Scope of Work and Lump Sum Costs
TASK I-IMPLEMENTATION AND MARKETING PLAN
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The Consultant shall provide services to the City to update and carry out its
ImplemefilatiorfancfMarketing-Planiur tI ,eCity's-PtlbHe-Werks ond--Yt~IUies .
Department.
The Contractor shall develop a marketing strategy and the details needed to implement
the City's Implementation and Marketing Plan. The scope of work included in the
marketing strategy shall include:
a) Monthly meeting(s) with City staff to develop marketing strategy, priorities and
activities;
b) Identification of the specific activities to implement the strategy, their sequencing
and schedule, and the party responsible for performing each activity;
c) Draft radio advertisement scripts, draft television advertisement storyboards and
scripts, and draft brochures/print advertisements shall be submitted for City
review and approval; and
d) The resource commitment (dollar costs) needed to implement the strategy.
TASK 11- MARKETING MATERIALS
The Contractor shall provide the following services, within the available budget, to the .
City in developing Marketing Materials:
a) Creative design and publication of brochures and print marketing materials;
b) Creative content, development and publication of radio advertisements;
c) Creative content and production of television advertisements and informational
programs.
City staff will have final editorial approval of the content and design of Marketing
Materials. All Marketing Materials must be approved in writing by the City prior to
Contractor placement of advertisements.
TASK III - OTHER SERVICES
The Contractor shall implement sequencing and scheduling of marketing materials.
The Contractor shall place advertisements with local newspapers, television access
channel, radio and television stations within the approved budget. The cost of all
advertisements shall be billed directly to the City.
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261
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CONSULTANT LABOR COSTS
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The Contractor shall charge the City the following rates:
Production of MarketinQ Materials:
ProdtJctien-{3f-breehures and print advertisements
Not to exceed
Productions
Maximum compensation
Additional services
$100 per brochure/print ad
14
$1 ,400
$50.00 per hour
Production of radio advertisements
Not to exceed
Productions
Maximum compensation
Additional services
$50 per radio ad
28
$1 ,400
$25.00 per hour
Production of video programs and commercials
Not to exceed
Productions
Maximum compensation
Additional services
$525 per production
10
$5,250
$35.00 per hour
Maximum advertisinQ expenditures:
$8,050.00
$11,900.00
.
Maximum compensation:
Services and advertising shall not exceed the above limits without prior City
authorization. The Contractor shall not obligate the City to exceed the budget available,
$20,000 was approved for fiscal year 2000. All charges include tax, where applicable.
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Exhibit B - Implementation and Marketing Plan Schedule
(subject to change)
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1. Rate Increase Awareness Program 2001 Schedule
r r tatianlMarkmlzg Activitv 4 5 6 7 8 9 10 11 12
Program development ,; ,; __ ___0.-
Complementary advertising ,; ,; ,; y
2.. Conservation Awareness Program 2001 Schedule
ImvlementationlMarketinJ! Activity 4 5 6 7 8 9 10 11 12
Program development ,; ,;
Community presentations ,; ,; ,; ,; ,; ,; ,; ,;
School poster contest development ,; ,;
School poster contest . ,; ,;
Energy Conservation Workshop ,;
Complementary advertising ,; ,; ,; ,;
3. EnergylWater Conservation Program 2001 Schedule
ImvlementationlMarketinJ! Activity 4 5 6 7 8 9 10 11 12
program development ,; ,;
No cost, low cost brochure bill insert ,; ,;
Purchase energy/water saving devices ,;
Free devices brochure bill insert ,; ,;
Retailer recruitment ,;
Appliance rebate brochure bill insert ,;
Point-of-purchase promotional materials ,;
Complementary advertising ,; ,; ,; ,; ,;
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4. Compact Fluorescent Lamp Program 2001 Schedule
ImplementationlMarketinJ! Activity 4 5 6 7 8 9 10 11 12
Program development ,;
Brochure/coupons bill insert ,; ,;
Complementary advertising ,; ,; ,;
5. Building Improvements Program 2001 Schedule
Imv/ementationlMarketing Activity 4 5 6 7 8 9 10 11 12
Program development ,; ,;
Contractor recruitment/training ,;
Brochure bill insert ,; ,;
Complementary advertising ,; ,;
Energy audit program offering ,;
Supplemental program offerings ,;
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263
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AGREEMENT FOR PROFESSIONAL SERVICES
!,.{,aETWEE~,IIjE
THE CITY OF PORT ANGELES
AND
DEN-REE PRODUCTIONS
RELATING TO: MARKETING SERVICES
THIS AGREEMENT is made and entered into this day of
June, 2001, by and between THE CITY OF PORT ANGELES, a non-charter code city of
the State of Washington, (hereinafter called the "CITY") and Den-Ree Productions, a
Washington Corporation (her-einaftercalled the "CONSULTANT").
WHEREAS, the CITY .desires to secure marketing services in support .of the Public
Works. and U.Wities. Department, and
WHEREAS, the CITY desires to engage the professional services and. assistance of a.
qualified consulting firm .to . perform the .scope of work.as oetailed in .Exhibit A, .and
WHEREAS, the CONSULTANT represents that it has the background, experience, and
ability to perform the required work in accordance with the standards of the profession,
and
.
WHEREAS, the CONSULTANT represents that it will provide qualified personnel and
appropriate facilities necessary to accomplish the work;
NOW, THEREFORE, in consideration of the. above representations and the terms,
conditions, covenants and agreements set forth below, the parties hereto agree as
follows:
SCOPE OF WORK
The scope of professional services to be performed and the results to be achieved by
the CONSULTANT shall be as detailed 'in the attached Exhibit A and shall inClude all
services and material necessary to accomplish the work.
The CITY may review the CONSULTANT'S work product, and if it is not satisfactory, the
CONSULTANT shall make such changes as maybe required by the CITY. Such
changes shall not constitute "Extra Work" as related in Section XI of this Agreement.
The CONSULTANT agrees that all services performed under this Agreement shall be' in
accordance with the standards of the profession and in compliance with applrcable
federal, state and locallaw5.
The Scope of Work may be amended upon written approval of both parties.
. II OWNERSHIP OF DOCUMENTS
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Upon compietion of the work, all documents, exhibits, photographic negatives, or other
presentations of the work shall become the property of the CITY for use without .
restriction and without representation as to suitability for reuse by any other party unless
specifically verified or adapted by the CONSULTANT. However, any alteration or reuse
of the documents, by the 'City or by others acting through or on behalf of the City, will be
at the City's sole risk.
III DESIGNATION OF REPRESENTATIVES
Each party shall -designate its representatives in writing. The CONSULTANT'S
representative shall be subject to the approval of the CITY.
IV TIME OF PERFORMANCE
The CONSULTANT may begin work upon execution of this Agreement by both parties.
The work shall be completed in -accordance with the -schedule set forth -in the -attached
Exhibit D.
V PAYMENT
The CITY shall pay the CONSULTANT as set forth in this section of the Agreement
Such payment shall be full compensation for work performed, services rendered, and all
labor, materials, supplies, equipment and incidentals necessary to complete the work.
.
A. Payment shall be lump sum on the basis of the CONSULTANT'S total budget
required as set forth in attached Exhibit A - Scope of Work and Section VI Lump
Sum Compensation below.
B. The CONSULTANT shall submit invoices to the CITY on a monthly basis. Invoices
shall detail the work; shall indicate the specific task or activity in the Scope of Work
to which the costs are related; and shall indicate the cumulative total for each task.
C. The CITY shall review the invoices and make payment for completed work.
D. The CONSULTANT invoices are due and payable within 30 days of receipt. In the
event of a disputed billing, only the disputed portion will be withheld from payment.
E. Final payment for the balance due to the CONSULTANT will be made upon the
completion of the work and acceptance by the CITY.
F. Payment for "Extra Work" performed under Section XI of this Agreement shall be as
agreed to by the parties in writing.
VI LUMP SUM COMPENSATION
Unless otherwise agreed to in writing by both parties, the CONSULTANT'S total
compensation under this Agreement, including labor, direct non-salary reimbursable
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costs and outside services, shall not exceed the maximum lump sum amounts as shown
in attached Exhibit A.
VII EMPLOYMENT
Employees of the CONSULTANT, while engaged in the performance of any work or
services 'under this Agreement, shall be considered employees of the CONSULTANT
only and not of the CITY, and claims-that may-arise under the Workman's Compensation
Acton behalf of said employees while so engaged, and any and all claims made -by a
third party as a consequence of any negligent act or omission on the part of the
CONSULTANT'S -employees while -soengaged,on any of the work or services provided
to be rendered herein, shall be the sole obligation. and responsibility of the
CONSULTANT.
In performing this Agreement, the CONSULTANT shall not employ or contract with any
CITY employee without the City's written consent.
VIII NONDISCRIMINATION
The CONSULTANT shall conduct its business in a manner, which assures fair, equal
and non-discriminatory treatment of all persons, without respect to race, creed or
national origin, or other legally protected classification and, in particular:
A. The CONSULTANT shall maintain open hiring and employment practices and will
welcome applications for employment in all positions, from qualified individuals who
are members of minorities protected by federal equal opportunity/affirmative action
requirements; and,
B. The CONSULTANT shall comply with all requirements of applicable federal, state or
local laws or regulations issued pursuant thereto, relating to the establishment of
non discriminatory requirements in hiring and employment practices and assuring
the service of all persons without discrimination as .to any person's race, color,
religion, sex, Vietnam era veteran status, disabled veteran condition, physical or
mental handicap, or national origin.
IX SUBCONTRACTS
A. The CONSULTANT shall not sublet or assign any of the work covered by this
Agreement without the written consent of the CITY.
B. The CONSULTANT will be using the firms submitted with its proposal as
subcontractors. Subcontractors other than those listed shall not be permitted
without the written consent of the CITY.
C. In all solicitation either by competitive bidding or negotiation made by the
CONSULTANT for work to be performed pursuant to a subcontract, including
procurement of materials and equipment, each potential subconsultant or supplier
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shall be notified by the CONSULTANT of Consultant's obligations under this
Agreement, including the nondiscrimination requirements.
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X CHANGES IN WORK
Other than changes directed by the CITY as- set forth in Section I above, either party
may request changes in the scope of work. Such changes shall not become part cHhis
Agreement unless and until mutually agreed- upon and incorporated herein by written
amendments to this Agreement- executed by both parties.
XI -EXTRA WORK
The CITY may desire to have the CONSULTANT perform work or render services. in
connection with this-project, in addition to the Scope of.Work set forth in Exhibit A and
minor revisions to satisfactorily completed work. Such work shall be considered as
"Extra Work" and shall be addressed in a written supplement to - this .Agreement. The
CITY shall not be responsible for paying for such extra work unless and until the written
supplement is executed by both parties.
XII TERMINATION OFAGREEMENT
A. The CITY may terminate this Agreement at any time upon not less than ten (10)
days written notice to the CONSULTANT. Written notice will be by certified mail
sent to the consultant's designated representative at the address provided I:>Y the .
CONSUL TANT.
B. In the event this Agreement is terminated prior to the completion of the work, a final
payment shall be made to the CONSULTANT, which, when added to any payments
previously made, shall compensate the CONSULTANT for the percentage of work
completed.
C. In the event this Agreement is terminated prior to completion of the work, documents
that are the property of the CITY pursuant to Section II above, shall be delivered to
and received by the CITY prior to transmittal offinal payment to the CONSULTANT.
XlIIlNDEMNIFICATION/HOLD HARMLESS
The CONSULTANT agrees to indemnify the CITY from any claims, damages. losses.
and costs, including, but not limited to, attorney's fees and litigation costs, arising out of
claims by third parties for property damage and bodily injury, including death, caused
solely by the negligence or willful misconduct of the CONSULTANT, CONSULTANT
employees, affiliated corporations, officers, and subcontractors in connection with the
work performed under this Agreement.
The CITY agrees to indemnify the CONSULTANT from any claims, damages, losses,
and costs, including, but not limited to, attorney's fees and litigation costs, arising out of .
claims by third parties for property damage and bodily injury, including death. caused
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solely by the negligence or willful misconduct of the CITY, CITY's employees, or agents
in connection with the work performed,under this.f.\greement.
If the negligence or willful misconduct of both CONSULTANT and CITY (or a person
identified above for whom each is liable) is a cause of such damage or injury, the loss,
cost, or expense shall be shared between the CONSULTANT and the CITY in
proportion to their relative degrees of negligence or willful misconduct and the right of
indemnity shall apply for such proportion.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence
of the CONSULTANT and the CITY, its officers, officials, employees, and volunteers,
the CONSULTANT'S liability hereunder shall be only to the extent of the
CONSULTANT'S negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the CONSULTANT'S waiver of immunity
under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification.
This waiver has been mutually negotiated by the parties. The provisions of this section
shall survive the expiration or termination of this Agreement. However, the
CONSULTANT expressly reserves its rights as a third person set forth ... in RCW
51.24.035.
XIV INSURANCE
. The CONSULTANT shall procure and maintain fo'f the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the
CONSULTANT, its agents, representatives, employees or subcontractors.
The CONSULTANT shall provide a Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property damage; and,
2. Commercial General Liability insurance written on an occurrence basis with limits no
less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for
personal injury, bodily injury and property damage. Coverage shall include but not be
limited to: blanket contractual; products/completed operations; broad form property
damage; explosion, collapse and underground (XCU) if applicable; and employer's
liability; and,
3. Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence.
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Any payment of deductible or self insured retention shall be the sole responsibility of the
CONSULTANT.
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The CITY shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a
copy of the endorsement naming the CITY as additional insured shall be attached to the
Certificate of Insurance. The CITY reserves the right to review a certified copy of all
required insurance policies in the CONSULTANT's office.
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The CONSULTANT'S insurance shall contain a clause stating that coverage shall apply
separately to each insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
The CONSULTANT'S insurance shall be primary insurance as respects the CITY, and
the CITY shall be given thirty (30) days prior written notice of any cancellation,
suspension or material change in coverage.
XV APPLICABLE LAW
This Agreement shall be construed and interpreted in accordance with the laws of the
State of Washington, and in the event of dispute the venue of any litigation brought
hereunder shall be Clallam County.
XVI EXHIBITS AND SIGNATURES
This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all
prior written or oral understandings, and may only be changed by a written amendment .
executed by both parties. The following exhibits are hereby made a part of this
Agreement:
Exhibit A - Scope of Work and Lump Sum Costs
Exhibit B - Implementation and Marketing Plan Schedule
In WITNESS THEREOF, the parties hereto have executed this Agreement as of the day
and year first written above.
CITY OF PORT ANGELES
MAYOR
CONSULTANT
c-l1Z;\AU~ (~
TITLE: (pul G.M.
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P;:l(']A n
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. APPROVED AS TO FORM:
CRAIG KNUTSON, CITY ATTORNEY
ATTEST:
BECKY UPTON, CITY CLERK
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Exbibit A - Scope of Work and Lump Sum Costs
TASK I - IMPLEMENTATION AND MARKETING PLAN
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The Consultant shall provide services to the City to update and carry out its
Implementation and Marketing Plan for the City's Public Works and Utilities
Department.
The Contractor shall develop a marketing strategy and the details needed to implement
the City's Implementation and Marketing Plan. The scope of work included in the
marketing strategy shall include:
-/":
a) Monthly meeting(s) with City staff to develop marketing strategy, priorities and
activities;
b) Identification of the specific activities to implement the strategy, their sequencing
and schedule, and the party responsible for performing each activity;
c) Draft radio advertisement scripts, draft television advertisement storyboards and
scripts, and draft brochures/print advertisements shall be submitted for City
review and approval; and
d) The resource commitment (dollar costs) needed to implementthe strategy.
TASK 11- MARKETING MATERIALS'
The Contractor shall provide the following services, within the available budget, to the .
City in developing Marketing Materials:
a) Creative design and publication of brochures and print marketing materials;
b) Creative content, development and publication of radio advertisements;
c) Creative content and production of television advertisements and informational
programs.
City staff will have final editorial approval of the content and design of Marketing
Materials. All Marketing Materials must be approved in writing by the City prior to
Contractor placement of advertisements.
TASK III - OTHER SERVICES
The Contractor shall implement sequencing and scheduling of marketing materials. The
Contractor shall place advertisements with local newspapers, television access channel,
radio and television stations within the approved budget. The cost of all advertisements
shall be billed directly to the City.
.
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271
CONSULTANT LABOR COSTS
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The Contractor shall charge the City the following rates:
Production of MarketinQ Materials:
Production of brochures and print advertisements
Not to exceed
Productions
Maximum compensation
Additional services
$100 per brochure/print ad
14
$1,400
$50.00 per hour
Production of radio advertisements
Not to exceed
Productions
Maximum compensation
Additional services
$50 per radio ad
28
$1,400
$25.00 per hour
Production of video programs and commercials
Not to exceed
Productions"
Maximum compensation
Additional services
$525 per production
10
$5,250
$35.00 per hour
.
Maximum compensation:
$8,050.00
Maximum advertisinq expen~itures:
$11,900.00
Services and advertising shall not exceed the above limits without prior City
authorization. The Contractor shall not obligate the City to exceed the budget available,
$20,000 was approved for fiscal year 2000. All charges include tax, where applicable.
.
272
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Exhibit B - Implementation and Marketing Plan Schedule
(subject to change)
.
1. Rate Increase Awareness. Program 2001 Schedule
1mplementation/Marketinf!. Activity 14 5 6 7 8 9 10 11 12
Program development vi ..;
Complementary advertising ..; ..; ..; ..;
2. Conservation Awareness Program 2001 Schedule
1mplementation/Marketinf!. Activity 4 5 6 7 8 9 10 11 12
Program development ..; ..;
Community presentations ..; ..; ..; ..; ..; ..; ..; ..;
School poster contest development ..; ..;
School poster contest ..; ..;
Energy Conservation Workshop ..;
Complementary advertising ..; ..; ..; vi
3. Energy/Water Conservation Program 2001 Schedule
1mplementation/Marketinf!. Activity 4 5 6 7 8 9 10 11 12
Program development ..; ..;
No cost, low cost brochure bill insert ..; ..;
Purchase energy/water saving devices ..;
Free devices brochure bill insert ..; ..;
Retailer recruitment ..;
Appliance rebate brochure bill insert ..;
Point-of-purchase promotional materials ..;
Complementary advertising ..; ..; ..; ..; ..;
.
4. Compact Fluorescent Lamp Program 2001 Schedule
1mp/ementation/Marketinf!. Activity 4 5 6 7 8 9 10 11 12
Program development ..;
Brochure/coupons bill insert ..; ..;
Complementary advertising ..; ..; ..;
5. Building Improvements Program 200 I Schedule
1mp/ementation/Marketinf!. Activity 4 5 6 7 8 9 10 11 12
Program development ..; ..;
Contractor recruitment/training ..;
Brochure bill insert ..; ..;
Complementary advertising ..; vi
Energy audit program offering ..;
Supplemental program offerings ..;
.
PROP. 10
273
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.
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"
S'TME OF WASIiINGTON
OFFICE OF COMMUNITY DEVELOPMENT
906 rl/lumbi.l $1. SW · 1'0 80:( 40350 · Olympi.l, Wasllington 98504-0350 · (.160) 725-2800
June 18, 2001
The HOllomblo Larry Doylo
Mnyor of Port Angeles
321 c.'lst 5th
Post Office Box 11 SO
Port Angeles, Washington 98362
Dear Mayor Doyle:
Thank you foe sending tho Office of Communily Development your draft 2001 comprehensive plan
amendments for the City of Port Angeles. We appreciate the significant time, energy, and resources this
document represents. We received your transmittal all April 26, 2001. We have the following comlllents
on YOllr draft amendments.
We especially like the foJlowing:
Amendment #3 - Transportation Element
The proposed amendment indicates that the city shall coordinate with the Washington State Department
of Transportation, in addition to the Peninsula Regional Transportation Planning Organi7-ation planning
ef/'orts, to meet the requirements of House Dill 1487 (HB 1487). The city recognj~es the ferry I.mdings
within ilsjurisdiction as transportation facilities ofstatc~wide significance as denned under HB 1487.
Amendment #S - Conservation Element
We commend the city for proposing policy that ensures Port Angeles' continued participation in
watershed planning clOd salmon recovery efforts. Addilionally, the policy states the city will adopt
'c.. . appropriate measures for the protection of habitat for listed or threatened species under the federal
Endt\11gered Species Act when providing public services..." We encourage adoption of this amendmcnt.
Amendment #6 ~ Transportation Element
We appreciate that the text should is replaced with shall regarding policies under Goal D of this clement,
which relates to improving circulation paLLems throughout the city. For example, Policy 15 now reads
roml improvements shall provide for ldternate modes of transportation. Additional1y, parking
requirements shall make allowances for shared parking facilities (Policy] 6).
We hnve the following recommendation for strengthening your comprehensive plan:
foo~:tt~l~1
o
JUN-IO-~UUl nUN Uj;q~ rn ~ltU LU~HL GUVl
~AX NU. jeU (bj ~b8U
p, 03
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The Honorable Larry Doyle
June 18,2001
P<lgc 2
,
Amendment #4 - Utilities and Public Services Element
The proposed amendment changes the wording from" the City sllould not extend urban services outside
the City without annexationl' to "the City mav extend urban services outside the City without
~nl)C'Xlltion". We rccommend kecping the original wording. Urban growth areas (UGAs) adjacent to
cities Lhat arc needed to accommodate the city's 20-year population allocation that will evcnLually be
,jIcrvcd with urban services provided by the city should be developed at urban densities and should
become part of cities through annexation. Requiring the properties that are receiving urban services from
the eity to anhCX to the city when they aro contiguous is a useful tool to help make annexations occur.
RCW 3G.70A.I10(3) also directs that growth within UGAs should be phased by requiring thaL urban
growth occur first in areas where adequate facilities and services already exist and second in areas where
they already exist or can be provided. It is unclear how adding the underlined language in the proposed
policy, "Public facilities should be equitably distributed across the City's planning areas incJudin~Urban
Growt.h Arens", would help facilitate this. To ensure 111at growth occurs in an orderly manner, your
Utilities and Public Services Ele;:ment eouJd also be strengthened by adopting criteria that provide
guidelines for the city for how and under what conditions the city will extend utilities. Additional
policics could be included that require: (1) the extension of urban utilities be dependent onlhe utility
systems capacity to serve urban levels of developmont; (2) the city apply a level of service (LOS)
standards consistently throughout the service area; and (3) the utility ~xtensions to be cost effective and
efficient.
We have enclosed some sample policy language from another jurisdiction for YOllr consideratioll.
Thank you for the opportunity to comment on your draft amendments. Congratulatiolls to you and your
stafffol" the good work your draft comprehensive amendments embody. If you have any questions or
concerns about our comments or any other growth management issues, please call me at (360) 725-3068.
We extend our continued support to the City of Port Angeles in achieving the goals of growth
management.
r;~
Michael J. Nowak
Regional Planner
Growth Managemenl Program
MN:lw
Enclosure
cc: Brad Collins, Planning Director, Port Angeles
^mly Mcycl", Planning Director, Clallam County
vun 10 C.UUl Ilun U,J.40 rn
vi W LUvH["GuVT"'" '''''~''~''~~.f<7f'Ax NU, JOU {~j ~~HU
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UTI LIT IE S
Introduction
As Hcdmond continues to I!row, either through
(\fln~xalion or more concentrated development, the
Comprehensive Plclll proposes to encourage ,\,7J"owth in
dc~jgnated Llrcas as a way to achieve the City's future
vision of a community composcd of attractive residen.
tial, comlllercial and industrial neighborhoods 1113t
exist in balance with the natuml environment.
'111C City Center and Ovcrlake neighborhoods are
examples of Lwo areas targeted for (,~oncentrated devel-
opmenl and growth ~lIlder the Redmond Comprehen-
sive Plan. As such growth QCcurs, utility infrastructure
must be provided. It is the intent of the Utilities Chap-
tcr to cmmre adequate provIsion of utilities within
1Jlese areas as well as others within the City. The Utill-
ties policies will work with the J.and Use and Capital
Facilities Chaplers to ensure that facilities are (lvail-
able and funded {or the proposed land uses. IL ~tlso is
important to provide lhose utilities in an economical
fa!ihiOl\. Policies in this chapter are meant to promote
the provision of affordable utilities.
III a.ddition; c.hanging environmental regulations are
placin,!; increased demands upon utilities. For ID,stance,
stormwater management must meet increa~jngly strict
standards for water quality prior to release into natural
systems. 111e Ulilities policies, together with those
proposed by the Nalural Environment ~hapter, will .
work to protect the quality of Redmond SO natural enV1-
ronment. Water regulation has been changing as new
information is discovered about the effects of chemi-
cals in the water SUI)ply. Policies in t11is chapter are
meant to <lcknowledge and accommodate future regu.
l.ltory changes.
During the lifetime of Ulis Comprehensive Plan, there
will be changes in the way some utilities are provided.
TIlis dl,lp[er is inlended to address the potential for
change in provision of utilit.ies in an effort to acknowl-
edge Md aecommodate future changes. Just as the
adVt'nt of electricity and tel~phoIles dramatically
chnnged the way we !iv<=". technological chanA'es will
alter the way Redmond citizens will live through basic
changC's in the nalure of some utilities. Telecommuni-
calions is Ii (Jrime example. A<; that industry chang-es.
it is imporl.UlL to ensure Lhat Redmond citizens con.
tinue to have access to the basic communication ser.
vicescthey now receive. Similarly, iL is important for
Redniond businesses 10 keep up with technological
changes in telecommunicaLions in order to slay com-
petitive. Another example is lhe possibility ~: changes
in the fut ure provision of water. Redmond cItizens may
need to adopt regional approaches 10 maintaining a
source of water or increase conscrvation eClorls.
~1 be purpose of the policies provided in [his chapter is
to:
· Provide an inventory of pre~nt faciliLies to a.<;sist
in planning for future needs.
. Set policy directjons that will guide the timing
and placement oC capital improvements.
. Provide criteria for the design and siting- of{acili~
lies in order to develop reasonable standards for
both residenls and developcl'S.
. Protect the environment by minimi7.ing disruJr
lion of the natural and built environment when
placing utilities.
· Encourage provision of utilities in an economical
fashion.
. Tie the development and provision of utilities to
land use policies and plans.
In short, these policies are intended Lo main lain a qual-
ity ofllfe for Redmond residents and businesses where
utilities will be accessible, affordable and provided
without unnecessary harm to the environment.
(Ord. 1847)
I
n E [) M 0 N D
COMPRBHENSIVr.; I'LAN
II
JUI~- 1 O-~UU 1 nUN Uj; 41:1 t'I1 \;11:V LOCAL GOVT
Planning Context
R eclmond has bOUl public ~md private utilities provid-
ing service to the community. 'The water, sewer and
stormwatcr utilities are provided by the City of Red.
mond. A private company, under a Slate franchise
a~rel'ment, handles solid waste removal and the City
contract.;; with a privat.e company for recycling service.
Electricity, natural gas and telecommunications are
provided by private, invcstor~wned utilities.
TIle Growth Management Act (RCW36.70A.070(4))
requires an inventory of uliliLy facilities that consists of
"the .l.!enerallocation, proposed location and capacity
of all existing and proposed utilities, inc1udinR, but not
limited to elcctricallinC!s, telecommunication lines and
natural gas lines." Also, certain st.,te and federal laws
require that issues such as water quality and recycling
efforts must be addressed.
The Countywide Plannin.l.! Policies (required under
RCW 36.70A.210) addt"ess a wide range of utility issues
relat.ed to sewer, wat.er and environmental health.
Other regional or slate bodies, such as the East King-
County Regional Water Association, METRO, WasIl'
jn~~lO\l St~le Departmenls of Health and Ecology, have
devdoped policies regarding water, sewer, stormwater
and ~lid waste. Some lederal agencies, such as the
Environmental Protection Agency, also have additional
policies.
The private utilities are governed by another set of
laws and a~encies, such as the Federal Communica-
tions Comrllission and the Washington Utilities and
TnlOsportation Commission.
Within this framework of existing laws and policies,
Hedmond has developed a set of policies to fit the local
needs and desires of its citizens while acknowledging
those outside policies and laws that also govern ulilily
provision.
(Ord. 1817)
FAX NO. 360 753 2590
P. 05
t
UTI liT IE S
.
Utility Policies
A. General Utility Policies
Adequacy and Phasing of Oty Fadlities
The provision of ulilitjes is an important {actor con-
sidered by developers when deciding where or
whether to build. l11Us, land use decisions and utility
policies can work together to help acl1ieve Redmond's
future vision by directing growth to those locations
chosen by citizens for development l1lis is particu-
larly true for water and sewer utilities, since they are
publicly held.
Generally this land use-utility link includes providing
service only within City boundariefi and requiring .
annexation upon provision of such services beyond the
boundary. In some cases, City services will be allowed
outside the City limits to address hcall:h and safety
issues. to serve area"! within the Redmond service an~a
or to serve areas wiUlin the annexation area prior to
annexation. For areas which lie within the City's identi-
fied potential ann(3xation area, the requir~!mellt to
meet City standards will maintain the integrity of Lhe
entire system and prevent future costly upgrades.
Likewise, if service'i~ extended to rund lunds, the
pressure to develop those areas can be prevented by
waiving raquircmcnt.c:; to meet some City standards.
The GrowLh Manage~ent Act requires consistency
between capital facilities planning- and the l~md use
plan. One of the goals of the Act is to ensure that pub.
lic facilities, such as waler and sewer, are adequate Lo
serve a development at tlle time it is available for occu-
pancy without decreasing current service levels below
locally established standards.
UT-I Ensure thatadequatc publi(~ facilities are
in place, consistent with the patterns and
phasing of growth dcscrib(~d in the
Anncxcttion and Lmd Use Chapu.~Ts,
UT-2 Base the extension and sizing of public
facilities upon the land use plan. In those
cases where e~ncering standards ;:tf(.~ in
(>xccss of the requiraments for tbe imme.
II
RED M 0 N 1) COM l' R ~ H ~ N S V E I' LAN
I
JUI~ 1~-~UU 1 nUN Uj: 49 PM CTED LOCfiC"to\Jf
UTI lIT ItS
diatc developmcnt but are required to
DlQet established levels of service for
proposed uses and future needs, the
exc(~SS capacity shall not be a reason to
all()w ~owtb oui of sequence with the
.<lOd use plan.
UT-3 City-provided urban utilities shall not be
extended to rural areas outside the
urban growth. houndary excel)t to meet
State Department of lIealth or otller
allpJicable health, saf(~ty and welfare
codes. Such extensions sball be designed
to ruml standards and requirements to
meet other urban city development stan-
dards $uch as street widening, side-
walks, or slreet li~ting shall be waived.
UT-4 City.provided utilities should be pro-
vided within their service area consistent
with adopted policies, including the
Growth Phasing Plan in the Ann~tion
Chapter. Where out~ide the City but
within the annexation area, service '
extensions !7hould be provided when dle
area annexes or, if annexation is not pos-
sible at that time, be conditioned upon
an anllexation C:lgreement and compli-
mice with applicable Ci1y development
standards.
Economic Considerations
Tn order to balance capital expenditures with rcvenues
and sUlI main lain established levels of service, new
development will have to pay for thc portion of facility
improvements related LO its level of demand on the sys-
tent 'lbe combining of development money with City
funds allows {or a more equitable distribution of costs
and ht'!ps to keep utility rates lower,
111ere arc cases where one development occurs prior
1.0 another and is not adj<!cent to existing- infrastruc-
ture. 'nle new development may extend transmission
pjpe~ across the front.age of non-developed properties
and incur the cost of that extension in order to develop
thcil' p(lrcel. RdmblJrStlble <Igreements have been a
mel.hod that HcdOlOlld has used to employ equilablc
cost ~haring for devdopment (o::-Is. 1bese provide [or
a reimburf;emel1t to the originnl developer of costs
associafed with that port.ion of the line (hat is later
lI::;~'d by <Inotht>[' d~wlopmcnt TIlis is one way of main-
lainiu,Lt the concept of fair !=;hare financing'.
. '''''"'''''''FAXNO. 360 753 2590
P. 06
In limited cases, public utilities may be t'xtended out-
side the City boundary. However, it costs more to PI"O-
vide long-term, low-density service. Public utilities
presently fund improvemcnts from reveIlUc~. If in the
futurc general (axes whcre to be used to (und infra-
structure, properties outside the City would benefit
from the infrastructure without payin~ thoRe taxes to
fund it. Equity can be esl<lblishcd through a djffen~n-
Hal ratc structure or differential connection fees to
cnsure thal City rcsidenls are not subsidizinsr the
exten~ion of services outside City bound aries.
.~~
Right-of-way acquisition and installation of facilities arc
factors ;n the eventual cost. or utilities. Coordination of
facility planning can reduce those costs several ways.
For inslance, jf utilities arc notified of roadway con~
struction and repairs, they may be able 10 place 0/'
upgrade lines or pipes at the same time. Or several ulil-
ities may be able to use the same trench. l~ht-of-way
acquisition cost could be shared where such right-of-
way would serve joint uses, such as recrealionallrail
lIse.
Timely permitting and rca!;ona.ble development. nnd
mitigation requirements affect utilities' abilily Lo
develop facilities at lower costs, which affects cvcnlual
cost of utility provision.
Uf-S New development Shl'U pay for its ~hare
of infrastructure needed by that develop-
ment The City will provide appropriate
means to employ equitable cost sharing
UT-6
Rates and C".onnection fees for utility ser-
vice outside City lihJi~ should ret1ect the
full cost of previding service and ereat(~
equity in financing of capiCaI facilities.
UT-7
Co-locate public and private utilities ill
shared trenches or utility corridors, pro-
vided that such joint use is conAjstcn(.
with IimHations as may be prL"8cribed by
applicable law and lila(cly considerations.
UT.8
Coordinate facilit.y planning so that utili.
(it'S may locate jn transportation corri-
dors and dedk..atcd right-of-way.
UT-9
Provide timely noti(~C (0 utilities when
tIle construction or repair of existill~ and
new roadways is anticipated,
I
[{EDMOND COMPREHENSIVF. I'LAN
II
JUI'i-l tj-cUU I nUN 03: 49 PM CTED LOCAL GOVT
UT-IO Provide timely and reasonahle pCTlnil.
ting to utilities that balances the need for
provision of utilities at a reasonable cost
with (he need to protect the environment.
UT.II ApprOV(l utility facilities or infrastruc-
ture necessary fot a given development
together witll tbe site plan approval.
UT-12 Encourage joint use of utility corridors
for recreational f<tciliti(ls. .
Environmental Considerations
Redmond contains many natural fealures, such as fish
spawning creeks, open space and forested areas. Mini.
mizin,g ul.ility intrusion into these areas is a means of
protectin,R these important assets. UtjJjty corridors
oflen need to be free of vegetation for mainlenance
purl)O~es.lf utililies were allowed to build in wetlands.
periodic mainlenance could rcquire intrusion inlo sen.
Si(ive areas and disrupt wildlife during critical repro-
ducliv~1 periods. Similarly, sewage or stormwatcr lines
can overflow or break and therefore should be
deshmed to minimize the chance of these events to
prevent danger to human heallh, killing of or disru~
lion to wildlife and othcr' environmental hazards.
To maintain a quality environment, aesthetics are also
important Placing utilities under!,tround prevents the
need to prune lrees and shrubs, which can be dctri..
mental to the plant and often rcsult in oddly shaped
plants. Placing utilities underground also reduces inci-
dence of power and telecommunications loss during
such event.s as $torm~ and auto accidents involving
utility poles. Above-wound facilities can be properly
screened or designed Lo be compatible with or to
enh~mce an area. Examples include vegetative Screen-
ing- that surrounds neighborhood substation fences or
exemplary designs such as the MTITRO York Pump
sl<llion at Willows and NE 124th StreeL
UT~13 Design, Jo(.:aw and construct facilities to
reasonably minimize significant., individ-
ual and cumulative adver!oie impacts to
the environment and to protect environ.
mentally sensitive areas. Ibis should
include ctctions such as:
· wcaie sewer lines and usc construc-
tion methods and materials to pre-
venl. Or minimuA.! thc risk of spillage
into wat.crcoUfS(~!O; and water bodies.
FAX NO. 360 753 2590
P. 07
UTI tiT I E 5
· Locate utility corridors in existing
cleared areas.
· Locate utility facilitic?s and corridors
out~ide ofwetlands.
· . Minimize crossing.... of fish.bearin~
Wet ter cours(.'S.
· Use bio-stabili7.ation, rip.rap or othcl'
engineering techniques to prevent
erosion where Jines may need 1.0 fol.
low steep slopes.
· Minimize corridor widtll.
UT- 14 Require und~r~oundillg of all new utility
distribution HIles in all <.'-Bses, except
where undergroundingwould cause
,.,.catcr environmental harm than a1t(lrl1a-
tives or where the Wa.qhington Utilities
and Transportation, COtnmi$Rion tariff
structure.is not consisfcnt with this pol-
ky.
Uf-1 S Encourage the undcrgrounding of exist.
ing utility wires by such means .U:l:
· Require undergrounding of utility
distribution Jin(~s or the provision for
undcrgroundin~ as a condition for
redevelopment projects.
· Require undergrounding of utilil.y
distribution lines or tb~ provision for
undeTgJ'ounding as road Im)j~ct.,
occur.
· f'und undergrounding tbrou/41 a cap-
ital improvement l)fogram or through
fonnation ora local improvement dis-
(rieL
UT-16 Require reasonable scrccllin~ OJ" (tn~hi.
tecturaUy compatible design of above-
ground facilitieR.
II
REOMOND
CUMPREHENSIVE PLAN
I
.
.
.
DATE:
To:
FROM:
SUBJECT:
FORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
June 18, 2001
MAYOR DOYLE AND CITY COUNCIL
Brad Collins, Community Development Director
~
2001 COMPREHENSIVE PLAN AMENDMENTS CPA 01-01
Summary: Six sets of amendments are proposed and have been reviewed and recommended
by the Planning Commission and the Utility Advisory Committee. Comments have been
received from Clallam County and the State Office of Community Development in support of the
proposed amendments.
Recommendation: Following close of the public hearing, the staff recommends that the City
~Council move to adopt the attached ordinance approving the proposed Comprehensive Plan
Amendments CPA 01-01, citin the Plannin Commission's 17 findin sand 12 conclusions.
Back~round/ Analysis:
A draft Ordinance and a set of Findings and Conclusions as recommended by the Planning
Commission are attached. A draft of the Planning Commission's May 23, 2001, meeting minutes
is attached as well. The May 23, 2001, staff report on CPA 01-01 also is attached. A staffmemo
to the Utility Advisory Committee reviewing the City's utility extension policy is now attached.
Finally, a copy of the State Office of Community Development comments is attached, too.
The first set of amendments addresses updated additions and descriptions of the City's
planning areas and thereby include the Port Angeles Urban Growth Area (UGA). The second
amendment clarifies the intent of the policy that restricts new commercial areas along the alternate
local crosstown route or the crosstown truck route. The third set of amendments satisfies compliance
with changes the State Legislature made to the Growth Management Act regarding the declaration
ofliighways of state-wide significance as essential public facilities. The fourth amendment reverses
the City's prior policy of not extending urban services outside the City without annexation and
allows for City services and facilities in the UGA. The fifth amendment provides a new objective
to act in compliance with the Endangered Species Act. The sixth set of amendments involves 24
policy changes requested by the Nonmotorized Advisory Committee. The proposed language for
all six sets of amendments has been modified by staff and/or the Planning Commission as
recommended to the City Council.
Attachments: Ordinance
Findings and Conclusions
Planning Commission Minutes Excerpt
StatT Report
Staff UAC Memo
State Office of Community Development Comments
275
.
.
.
276
.
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, amending
Ordinance 2818 as amended and the Comprehensive Plan by revising the
City's planning areas to specifically designate the area east of Race
Street and the Port Angeles Urban Growth Area (UGA), by amending
a policy in the Commercial Goals and Polices section of the Land-Use
Element to clarify the intent, by amending policies in the Transportation
Element to comply with the Growth Management Act, by amending
policies in the Utilities and Public Services Element to allow for City
services and facilities in the UGA without annexation, by adding a new
item to the Objective section of the Conservation Element to facilitate
compliance with the Endangered Species Act, and by amending sections
ofthe Transportation Element, the Utilities and Public Services Element,
and the Capital Facilities Element as requested by the Nonmotorized
Advisory Committee.
WHEREAS, the City of Port Ang~les adopted its present Comprehensive Plan on June
28, 1994, by Ordinance 2818; and
.
WHEREAS, the City has established a process for amending the Comprehensive Plan
by Ordinance 2858 and Chapter 18.04 of the Port Angeles Municipal Code; and
WHEREAS, SEPA review of the proposed amendments was completed on April 24,
2001; and
WHEREAS, the City Council has held a public hearing, has considered the Planning
Commission's recommendations, and has entered its findings and conclusions addressing elements
set forth in PAMC 18.04.060 and in support of adopting the proposed 2001 Comprehensive Plan
amendment; and
WHEREAS, the proposed 200 I Comprehensive Plan amendment has been determined
to be consistent with the Port Angeles Comprehensive Plan, the Clallam County-Wide Planning
Policy, the Growth Management Act,.and the public health, safety, and welfare;
.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES
DOES HEREBY ORDAIN as follows:
- I -
277
Section I. Ordinance 2818 as amended and the Comprehensive Plan are her.
amended by amending the Land Use section of the Community Profile to read as follows:
II. COMMUNITY PROFILE
Land Use
The Comprehensive Plan divides the City into 5- ~ planning areas. For the purpose of description,
the individual planning areas are identified as the Harbor, Northwest, Southwest, North Central, and
South Central, East. Eastern Urban GroWth Area and Western Urban Growth Area planning areas.
These areas are located on Figure 3 and are described as follows.
The Harbor planning area contains the Coast Guard Station, the Port and Salmon Club boat ramps,
Ediz Hook Park, and Daishowa Mill on Ediz Hook. The historic downtown and waterfront are also
essential parts of this subarea. The boat haven marina, log export terminal, the K-Ply mill, the Coho
Ferry terminal, City Pier, and Rayonier Mill line the waterfront. Entertainment activities (movie
theater, bookstores, antique shops, galleries, and restaurants) abound within the pedestrian oriented
central business district.
The Northwest planning area covers the western edge of town lying beyond Tumwater Creek and
north of the airport. This area is comprised largely of older homes. There is a commercial area
serving the residents along C Street. A pocket ofindustriallcommercial activities are located al. '<,"
the Tumwater Truck RoutelHighway 101 junction. This area of town has limited access beca
of the Tumwater Creek ravine and the bluffs. It also has the largest segment of undeveloped
residential land within the current City limits.
The Southwest planning area includes Fairchild International Airport, the Clallam County
Fairgrounds and Lincoln Park. Industrial development is located at the airport industrial park. A
few homes lie within the City limits along Lower Elwha Road, but otherwise this planning area
contains predominantly industrial and park (recreation) land uses.
The North Central planning area is the older more dense portion of town. It is an area divided by
Valley, Peabody and EnnislWhite's Creek ravines. It contains all ofthe municipal buildings and
Clallam County building and courthouse. The commercial uses along Lincoln Street provide
community shopping opportunities. Recreation is provided by a number ofparks,~a
~. Much of the city's multifamily housing is within this planning area.
The South Central planning area is the area oftown with newer homes, on larger lots. This is where
the street pattern changes from traditi~nal blocks to cul-de-sacs. Many views of Port Angeles
Harbor and the Strait of Juan de Fuca are available. The Port Angeles High School lies within this
planning area. The Olympic National Park Headquarters and Visitors Center is along the Heart of
the Hills Road. At thc castCl11 cdgc of this subalca ~s the Peninsula COnllntl.n~t} Colkgc.
The East lannin area is the area ofthe existin ci limits easterl of Race Street. This area
a mix of older homes and newer residential subdivisions and development. as well as portion of
main commercial corridor. Marine views from upper elevations are possible. along with mountain
278
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.
vIews. This planning area includes Peninsula College facilities and Peninsula Golf Club.
The Eastern Urban Growth Area is generally the area east of the city limits. Remnant properties in
the UGA that are located south of the city limits and east of Valle v Creek are considered to be in this
area until annexation occurs whereby they will be considered to be part of the adjacent planning
area. Policies for this planning area are adopted by Clallam County as a part of the Port Angeles
Regional Comprehensive Plan.
The Western Urban growth Area is generallv the area west and south of the city limits. Remnant
properties in the UGA that are located south of the city limits and west of Valley Creek are
considered to be in this area until annexation occurs whereby they will be considered to be part of
the adjacent planning area. Policies for this planning area are adopted by Clallam County as a part
of the Port Angeles Regional Comprehensive Plan.
Section 2. Ordinance 2818 as amended and the Comprehensive Plan are hereby
amended by amending Figure 3 - Planning Areas as set forth in the revised map attached hereto as
Exhibit "A".
Section 3. Ordinance 2818 as amended and the Comprehensive Plan are hereby
.
amended by amending the Commercial Goals and Policies section ofthe Land Use Element to read
as follows:
V. LAND-USE ELEMENT
Commercial Goals and Policies
Policy E6. New Comprehensive Plan commercial area designations areas should not be located
along the alternate local crosstown route or the crosstown truck route.
Section 4. Ordinance 2818 as amended and the Comprehensive Plan are hereby
amended by amending the Policies section of the Transportation Element to read as follows:
VI. TRANSPORTATION ELEMENT
Policies
B8.
The City should shall coordinate with the State Dept. of Transportation, Clallam
County~ls and the Peninsula Regional Transportation Planning Organizationls
transportation planning efforts. This includes recognition ofSR 101 and SR II?, along
with connecting roadways of Front. Lincoln, Railroad. Oak and First Streets to and
from the ferry landings. and along Front Street and Marine Drive and First Street
between SRlOI and SRI I? as transportation facilities of state-wide significance which
.
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279
are declared essential public facilities under the Growth Management Act. Revie
otential im acts these facilities and LOS standards will be inco orated with fu
updates to the City's Comprehensive Plan, as required by the Act.
B19. The development of the City's comprehensive service and facilities plan for streets,
bikeways, pedestrian walkways, and the overall transportation system, and regional
transportation plans should all be consistent. These plans. as adopted and hereafter
amended. are incOI:porated herein.
Section 5. Ordinance 2818 as amended and the Comprehensive Plan are hereby
amended by amending the Policies section of the Utilities and Public Services Element to read as
follows:
VII. UTILITIES AND PUBLIC SERVICES ELEMENT
Policies
AI.
Public facilities should be equitably distributed across the City's planning areas
including designated Urban Growth Areas.
D3.
The City. at its sole discretion. should not extend urban services outside the ~
without annexation. ~
Section 6. Ordinance 2818 as amended and the Comprehensive Plan are hereby
amended by adding a new item to the Objective section of the Conservation Element to read as
follows:
IX. CONSERVATION ELEMENT
Objective
BII.
The City will continue participating in various watershed planning and salmon recovery
efforts. The City will incorporate appropriate measures for the protection of habitat for
listed or threatened species under the federal Endangered Species Act when providing
public services and administering land use and development regulations.
Section 7. Ordinance 2818 as amended and the Comprehensive Plan are hereby
amended by amending sections of the Transportation Element, the Utilities and Public Services
element, and the Capital Facilities element to read as follows:
.
280
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'<;t'
.
VI. TRANSPORTATION ELEMENT
General Comments
The intent of the Transportation Element is to define in a comprehensive manner how vehicular
traffic and nonmotorized means of travel are is to be routed from one portion of the community to
another in the most efficient, economical, and compatible manner. The City's Circulation Plan in
accordance with the Statewide National Functional Classification System identifies the City's
principal arterial streets, minor arterial streets, and collectors with the remaining streets classified
as locals (See Figure II).
Policies
A2. The safety of non-motorized modes oftransportation should be a primary consideration
in the circulation system. Adequate sidewalks, crosswalks, bi".Yc.le paths bikeways, and
handicapped access should be provided.
A4. A multi modal transportation center should in.clud~ bnt not be limited to public' ttd.b~it;
COtlhuc,1c,ial btl5, taxi, f~IIy, and airport shuttle, 5(,1 y kG! and should be located in or near
the downtown core and public transportation system.
Obiectives
.
AI.
The City will be an active partner in the development of the Olympic Discovery Trail,
which passes through and along kev parts of its park. street. pedestrian. and
nonmotorized transportation systems and facilities. The City's Circulation Plan
acknowledges that such a regional trail system serves many functions. It is a means of
intercity commuting. a way to promote economic development. a means to oromote a
healthy lifestyle. and a way to provide future utility rie:ht-of-way.
A2. The City's Comprehensive Plan will continue efforts to improve or provide access to
Valley. Tumwater. Peabody. Ennis. White's Creeks and the development of the
Foothills Trail System.
A3. As an active partner. the City will maintain a Citizen's Advisory Group and will
facilitate communication with Clallam County. the City ofSequim. the DNR. and other
public and private groups developing alternative transportation systems.
Objectives
B6. The City will consider a variety of traffic management alternatives to increase the
existing street system capacity and implement appropriate options as feasible. Such
alternatives may include:
.
a.
Taking into account nonmotorized use~
<112. Remove parking at controlled intersections to provide auxiliary turn lanes to
- 5 -
281
b,Q.
increase capacity;
Remove parking during selected periods of the day (i.e., noon and PM pe"
hQur) to create additional through land capacity;
eg.
Modify signal timing to respond to seasonal and/or daily peak traffic periods to
favor major flows and expand the number of signals that are coordinated as part
of a system, while assuring enough time for a handicapped citizen to cross when
a signal button is pushed.
B I O. The City will facilitate the implementation of City-adopted transportation plans.
B 15. Road improvements should provide for alternate modes of transportation. and new
roads shall be evaluated for the ability to accommodate alternate modes of
transportation.
VII. UTILITIES AND PUBLIC SERVICES ELEMENT
Policies
D9. The City should identify lands useful for public purposes, such as utility corridors,
landfills, sewage treatment facilities, transportation (including. nonmotorized).
recreation, schools, and other public uses.
x. CAPITAL FACILITIES ELEMENT
Policies
A3.
A4.
282
The City shall develop individual comprehensive service and facility plans for the
following ntilitie5 capital facilities and/or services:
· transportation. including streets, and nonmotorized (bikeways and pedestrian
walkways},
· water system,
· sanitary sewer system,
· electrical system,
· parks and recreation services, and
· emergency services (police, fire, and medical response).
The City should co-operate with the appropriate private and/or public agencies t.
develop individual comprehensive service and facility plans for each of the following
- 6 -
.
utilities and/or services:
· telecommunications,
· scl1o01s,
· transportation (air, marine. nonmotorized, and public transit), and solid waste
collection and disposal.
A6. The comprehensive service and facility plan for streets, and nonmotorized (bikeways,
and pedestrian walkways} shall also include specific actions and requirements for
bringing into compliance any street facilities that fall below the required level of
service, including demand management strategies which encourage reduced reliance on
single occupant vehicle trips and encourage use of alternate modes of transportation
such as the bicycles, walkways, and transit riding with incentive programs for and from
local businesses.
Section 8. The Comprehensive Plan amendments set forth in this Ordinance shall be
incorporated into the Comprehensive Plan as kept on file with the City Clerk.
Section 9 - Effective Date. This Ordinance shall take effect five days after the date of
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
, 2001.
MAYOR
ATTEST:
Becky J, Upton, City Clerk
APPROVED AS TO FORM:
Craig D. Knutson, City Attorney
PUBLISHED:
By Summary
F:\ORDINANCES&RESOLlJIlONS\loo 1-19.on!. wpd
May 31, 2001
.
- 7 -
283
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CITY OF PORT ANGELES
PUBLIC WORKS
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PLANNING AREA MAP
Exhibit "A"
evision Dc'te: 04/2 /01 correction
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RECOMMENDED FINDINGS AND CONCLUSIONS IN SUPPORT OF COMPREHENSIVE
PLAN AMENDMENT - CPA 01-01:
Findings
1. Comprehensive Plan Amendment, CPA 01-01, was submitted prior to March 31, 2001.CP A
01-01 includes six sets of amendments to various sections of the Port Angeles
Comprehensive Plan. The proposed amendments are shown in Exhibit 1 to the staff report.
Amendments Number 1-5 are proposed by City staff and have been altered since the original
proposal as a result of further staff analysis and discussion with the Planning Commission.
Amendment Number 6 is proposed by the ad hoc Nonmotorized Committee.
2. In its deliberation, the Planning Commission reviewed the definitions of 'I should" and "shall"
as provided in the Comprehensive Plan and recognized that "should" is permissive, giving
the City discretion in its implementation of the adopted policies. The Planning Commission
agreed that using I'should" instead of "may" in the proposed amendment No.4 to Utility and
Public Services Policy D3 does not imply a duty on the City to extend services, except as the
City should choose to do so at its sole discretion.
3.
Amendment Number 1 proposes minor changes to the Community Profile Chapter of the
Comprehensive Plan in order to correct the current subarea planning names within the City
limits in addition to adding planning areas names for the Port Angeles Urban Growth Area.
The changes include adding three additional planning area names and descriptions to the text,
as well as reflecting these changes in Figure 3 (map of planning areas).
4. Amendment Number 2 proposes additional clarification to the Commercial Goals and
Policies of the Land Use Chapter of the Comprehensive Plan. Goal E, Policy 6 states that
new commercial "areas" should not be designated along these routes. Clarification of
whether "areas" implies lIuses" or "zones" should be made in this policy to improve its
effectiveness.
5. Amendment Number 3 proposes a change to Transportation Element Goal B, Policy 8, in
order to implement a recent change to RCW 36.70A, Growth Management Act (House Bill
1487, 1998) which requires recognition of essential public facilities, including state routes,
in local comprehensive plans, as well as a requirement to review potential impacts onto these
facilities by local land use designations. Within the City of Port Angeles, State Route 101
and 117 are considered to be essential public facilities, along with connecting spurs to the
ferry landings. Additionally, the proposed amendment would allow for improved connection
between the Comprehensive Plan and other adopted. capital faci1ity~related plans by the
additional sentence proposed fo~ Goal B, Policy 19.
6.
Amendment Number 4 proposes changes to the Utilities and Public Services Element of the
Comprehensive Plan relating to the provision of public services and utilities outside of the
285
Findings and Conclusions - CPA OJ-OJ
Page 2
existing City limits but within the designated Urban Growth Area. The proposed addition
to Goal A, Policy I, references the equitable distribution of public facilities to include the .
UGA. Additionally, the proposed amendment to Goal D, Policy 3, would change a long-
standing policy of the City of Port Angeles to not extend City utilities (as compared to
services) outside the city limits, and allow for this to occur depending on feasibility.
7. Amendment Number 5 proposes changes to the Conservation Element that would reiterate
the City's current practice of participation in, and support of, various watershed and salmon
recovery efforts some of which are directly linked to the recent Endangered Species Act
listings of several salmonid species that occur, or may occur, in streams or nearshore areas
within the regulatory jurisdiction of the City, as well a within its area of operations and
maintenance.
8. Amendment Number 6 reflects a proposal by the City's Nonmotorized Committee who has
requested several changes to the Comprehensive Plan.
9. CP AO 1-0 1 was reviewed for internal consistency with the Comprehensive Plan. The most
relevant policies include the Growth Management Chapter IV, particularly Goal A, Land Use
Chapter V -Goals A-E, Transportation Chapter VI- Goals A and B, Utilities and Public
Services Chapter VII- Goals A and D, and Capital Facilities Chapter X- Goal A.
10. P AMC 18.04, Comprehensive Plan Implementation and Amendment, sets forth procedures
for annual amendment process which includes deadlines for applications, requirements for .
public hearings, deadlines for decisions and criteria for applications and approvals of
amendments. Proposed amendments shall demonstrate: why existing provisions should not
continue, consistency with Growth Management Act goals and specific requirements,
compliance with the county-wide policies, compliance with Capital facilities and related
plans, that it is in the public interest and consistent with the public health, safety and welfare,
and that cumulative effects have been considered.
11. The Public Works comments included revisions to Amendment Number 3 and objections to
four of the proposed changes in Amendment Number 6 relating to Transportation Element
Policy B15, and Capital Facilities Element, General Comments, Policies A7 and A9, and
Objective Bl [Items (g), (P), (t), (u), (w)].
12. The Department of Community Development has the following recommendations for
Amendment Number 6:
Approval as proposed or amended:
~
Item (a) - Transportation Element General Comments; added objectives under Policy A.
Item (c) - Transportation Element Policy A2
Item (e) - Transportation Element Policy A4
Item (g) - Transportation Element Policy B 15
Item (i) - Transportation Element Objective B6a
Item (j) - Transportation Element Objective B6d.
.
~
~
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286
.
.
.
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-'-". _(",.",_:'~" '~/ ' - -,"rf;';'~, '-"~ ,:, Ji:- - "H' '-'. ,I' ",.i?-:'~ c<:.'I~,
Findings ond Conclusions - CPA 01-01
Page 3
;;f~;~~"f; .
.
Item (k) - Transportation Element Objective B 1 O.
Item(m) - Utilities and Public Services Element Policy C6.
Item (n) - Utilities and Public Services Element Policy D5.
";.r.,- r ': ..ir:' :"'.'-'/;,::'~-':::::~-"'-C
Item (0) - Utilities and Public Sernces Element Policy D9.
Item (q) - Capital Facilities Element Policy A3.
Item (r) - Capital Facilities Element Policy A4.
Item (s) - Capital Facilities Element Policy A6.
.
.
.
.
.
.
Denial:
. Item (b) - Transportation Element Policy AI.
. Item (d) - Transportation Element Policy A3.
. Item (f) - Transportation Element Policy B5.
. Item (h) - Transportation Element Policy B 16.
· Item (I) - Definitions. '
. Item (P) - Capital Facilities General Comments
. Item (t) - Capital Facilities Policy A7
. Item (u) - Capital Facilities Policy A9
. Item (v) - Capital Facilities Element Policy B2.
. Item (w) - Utilities and Public Services Objective B 1
. Item (x) - Utilities and Public Services Element Policy C2.
13. The Fire Department had no comments on the proposal.
14.
The Clallam County Department of Community Development, Planning Division, has
provided comments and supported the proposed chmges relating to extension of utilities in
Amendment #4.
15. A Determination of Non Significance was issued per WAC 197-11-640 on April 24, 2001.
16. Notice of the public hearing on the proposed amendments to the Comprehensive Plan was
published in accordance with the Port Angeles Municipal Code.
17. No written public comments have been received at the time of the staff report.
Conclusions:
A. Approval of CP AO 1-0 1, Amendment # 1 as listed in Attachment A, would result in improved
internal consistency of the Comprehensive Plan.
B. Approval ofCPAOl-Ol, Amendment #2 as listed in Attachment A, would result in improved
internal consistency of the Comprehensive Plan, specifically the land use and transportation
chapters, and increased effectiveness of these policies.
C.
Approval of CPAOI-OI, Amendment #3 as listed in Attachment A, would result local
adoption of recent changes to the Growth Management Act, RCW36.70A which relate to
essential transportation facilities.
287
Planning Commission Minutes
May 23, 2001
Page 4
D. Approval of CP AOI-0 1, Amendment #4 as listed in Attachment A, would result in improved
internal consistency of policies relating to the extension of urban services and utilities to the .
unincorporated urban growth areas, and would allow for the provision of urban level of
services to existing and proposed urban-scaled developments in the Urban Growth Area.
E. Approval of CP AO 1-0 1, Amendment #5 as listed in Attachment A, would result in
F, Approval of CP AO 1-0 1, Amendment #5 as listed in Attachment A, would result in increased
effectiveness of policies relating to nonmotorized transportation.
G. Approval of CPA 01-01 as listed in Attachment A, is consistent with Growth Management
Act goals and Port Angeles Comprehensive Plan.
H. Approval of CPA 01-01 as listed in Attachment A, is consistent with the adopted county-
wide policies.
1. Approval of CPA 01-01 as listed in Attachment A, is consistent with Capital facilities and
related plans.
J. Approval of CPA 01-01 as listed in Attachment A, is consistent that it is in the public interest
and consistent with the public health, safety and welfare.
K.
The cumulative effects have been considered in review ofCPAOI-0l.
.
L.
CPAOI-01 as listed in Attachment A, is consistent with PAMC 18.04 Comprehensive Plan
Implementation and Amendment.
Adopted by the Port Angeles City Council at its meeting of June 18,2001:
Larry Doyle, Mayor
Becky J. Upton, City Clerk
.
288
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Planning Commission Minutes
May 23.200/
Page 2
.
Minutes Excerpt
Comprehensive Plan Amendment - CPA OI-OJ-City of Port Aneeles: Proposed
amendments to the. City's Comprehensive Plan that include updates to planning area names,
utility extensions outside of the City limits, habitat protection policies, and implementation
of recent changes to the Growth Management Act relating to the recognition and coordinated
planning of transportation facilities.
Planner Barnes provided the staff report. Clarification was made as to which attaclunent or exhibit
to reference. Director Collins suggested that an additional finding be made which reflects the City's
discretion in utilizing the word "should" in implementing the goals and policies of the
Comprehensive Plan. The public hearing was opened.
Gary Gleason, Chair, Nonmotorized Committee, 2211 East Seventh Street, provided a written
statement and also responded to several clarifying questions of the Commission.
E.J. Beckett, 421 East 12th Street, spoke in favor of the amendments proposed by the Nonmotorized
Committee, adding her hope that the City continues to promote nonmotorized transportation.
Being no other person wished to testify on the proposal, public hearing was closed.
.
Amendment #6. The Commission reviewed each of the 24 items in Amendment #6 in addition to
the one proposed as a part of the public testimony. Clarifying questions were asked to Mr. Gleason
and staff. Director Collins commented that the City is willing to work with the Nonmotorized
Committee on some of their suggestions in the future. Discussion followed. The Commission
agreed to several additional revisions, some rejections, and approvals of the recommended changes,
as follows:
Approval as proposed or amended:
· Item (a) - Transportation Element General Comments; added objectives under Policy A.
· Item (c) - Transportation Element Policy A2
· Item (e) - Transportation Element Policy A4
· Item (g) - Transportation Element Policy Bl5
· Item (i) - Transportation Element Objective B6a
· Item (j) - Transportation Element Objective B6d.
· Item (k) - Transportation Element Objective B 10.
· Item (m) - Utilities and Public Services Element Policy C6.
· Item (n) - Utilities and Public Services Element Policy D5.
· Item (0) - Utilities and Public Services Element Policy D9.
· Item (q) - Capital Facilities Element Policy A3.
· Item (r) - Capital Facilities Element Policy A4.
.. Item (s) - Capital Facilities Element Policy A6.
.
Denial:
· Item (b) - Transportation Element Policy AI.
289
Planning Commission Minutes
May 23.2001
Page 3
.
Item (d) - Transportation Element Policy A3.
Item (f) - Transportation Element Policy B5.
Item (h) - Transportation Element Policy B16.
Item (1) - Definitions.
Item (P) - Capital Facilities General Comments
Item (t) - Capital Facilities Policy A 7
Item (u) - Capital Facilities Policy A9
Item (v) - Capital Facilities Element Policy B2.
Item (w) - Utilities and Public Services Objective Bl
Item (x) - Utilities and Public Services Element Policy C2.
.
.
.
.
.
.
.
.
.
Amendment #1. After a brief discussion, Director Collins recommended that the line distinguishing the
eastern portion of Port Angeles from the western portion should be Tumwater,not Valley Street, and then
suggested that Valley Creek be utilized instead. Commissioner Schramm agreed.
Amendment #2. After a brief discussion, the Commission provided clarification language to the use of the
word "areas" to mean comprehensive plan designations, not zoning or uses.
Amendment #3. After a brief discussion, Director Collins corrected the recommendation to include specifx:
City street names consistent with the Peninsula Regional Transportation Plan.
.
Amendment #4. After a brief discussion, including the use of "should", "shall" and "may" the Commission
concluded that "should" was most appropriate and that inclusion of the words "at its sole discretion" would
help to clarify the city's responsibility, not obligation, for utility provision in the UGA.
Amendment #5. After a brief discussion, the Commission deeted the words "and leading" in the first line. .
Being no further discussion, Chair Nutter reviewed the dis::ussion held thus far on each of the amendments.
Commissioner Porter asked that Amendment #4 be revisited, adding his concern that the current phrasing
may lead to expectations by developers or property owners, and that the City's liability may increaseasa
result.
Commissioner Hewins moved that the Commission forward a recommendation of approval to the City
Council on CPA 01-01, as amended, citing the 17 findings and 12 conclusions, as amended and listed belovv.
Commissioner Schramm seconded the motion which passed 6-1 with Commissioner Porter voting against.
Commissioner Porter stated his disagreement with Amendment #4 which may lead to increased level of
expectations when using the word "should" and would open up the potential for litigation.
Findings and Conclusions regarding CPA 01-01:
Findings
1. Comprehensive Plan Amendment, CPA 01-01, was submitted prior to March 31, 200 I.CP A 01-0 I
includes six sets of amendments to various sections of the Port Angeles Comprehensive Plan. The
proposed amendments are shown in Exhibit I to the staff report. Amendments Number 1-5 are
proposed by City staff and have been altered since the original proposal as a result of further staff
analysis and discussion with the Planning Commission. Amendment Number 6 is proposed by the .
ad hoc Nonmotorized Committee.
2. In its deliberation, the Planning Commission reviewed the definitions of "should" and "shall" as
290
.
.
.
;';'),'<\~~e(i"nr- '~"'~ ?i\.i:)~:;";.~:1:ii~;,;" . );,YJ,'Y:,,::~!mtji~~:?/}1J7;:'f';1\~:~"':" :,;:
Planning Commission Minutes
May 23. 2001
Page 4
provided in the Comprehensive Plan and recognized that "should" is permissive, giving the City
discretion in its implementation of the adopted policies. The Planning Commission agreed ~t usiIg
"should" instead of "may" in the proposed amendment No.4 to Utility and Public Services Policy
D3 does not imply a duty on the City to extend services, except as the City should choose to do so
at its sole discretion:
3.
Amendment Number 1 proposes minor changes to the Community Profile Chapter of the
Comprehensive Plan in order to correct the current subarea planning names within the City limits in
addition to adding planning areas names for the Port Angeles Urban Growth Area. The changes
include adding three additional planning area names and descriptions to the text, as well as reflectiIg
these changes in Figure 3 (map of planning areas).
4.
Amendment Number 2 proposes additional clarification to the Commercial Goals and Policies of tie
Land Use Chapter of the Comprehensive Plan. Goal E, Policy 6 states that new canmercial "areas"
should not be designated along these routes. Clarification of whether "areas" implies "uses",or
"zones" should be made in this policy to improve its effectiveness.
5.
Amendment Number 3 proposes a change to Transportation Element Goal B, Policy 8, in order to
implement a recent change to RCW 36.70A, Growth Management Act (House Bill '1487, 1998)
which requires recognition of essential public facilities, including state routes, in local
comprehensive plans, as well as a requirement to review potential impacts onto these facilities by
local land use designations. Within the City of Port Angeles,' State Route 101 and 117 are considered
to be essential public facilities, along with connecting spurs to the ferry landings. Additionally, the
proposed amendment would allow for improved connection between the Comprehensive Plan and
other adopted capital facility-related plans by the additional sentence proposed for Goal B, Policy
19.
6. Amendment Number 4 proposes changes to the Utilities and Public Services Element of the
Comprehensive Plan relating to the provision of public services and utilities outside of the existing
City limits but within the designated Urban Growth Mea. The proposed addition to Goal A, Policy
1, references the equitable distribution of public facilities to include the UGA. Additionally, the
proposed amendment to Goal D, Policy 3, would change a long-standing policy of the City of Port
Angeles to not extend City utilities (as compared to services)outside the city limits, and allow for
this to occur depending on feasibility.
7. Amendment Number 5 proposes changes to the Conservation Element that would reiterate the City's
current practice of participation in, and support of, various watershed and salmon recovery efforts
some of which are directly linked to the recent Endangered Species Act listings of several salmonid
species that occur, or may occur, in streams or nearshore areas within the regulatory jurisdiction of
the City, as well a within its area of operations and maintenance.
8. Amendment Number 6 reflects a proposal by the City's Nonmotorized Committee who has requested
several changes to the Comprehensive Plan.
9.
CP AO 1-0 1 was reviewed for internal consistency with the Comprehensive Plan. The most relevant
policies include the Growth Management Chapter IV, particularly Goal A, Land Use Chapter V-
Goals A-E, Transportation Chapter VI- Goals A and B, Utilities and Public Services Chapter VII-
Goals A and D, and Capital Facilities Chapter X- Goal A.
10. P AMC 18.04, Comprehensive Plan Implementation and Amendment, sets forth procedures for
291
292
Planning Commission Minutes
May 23. 200/
Page 5
annual amendment process which includes deadlines for applications, requirements for public
hearings, deadlines for decisions and criteria for applications and approvals of amendments. .
Proposed amendments shall demonstrate: why exilting provisions should not continue, consistency
with Growth Management Act goals and specific requirements, compliance with the county-wide
policies, compliance' with Capital facilities and related plans, that it is in the public interest and
consistent with the public health, safety and welfare, and that cumulative effects have been
considered.
11. The Public Works comments included revisions to Amenchrent Number 3 and objections to four of
the proposed changes in Amendment Number 6 relating to Tnnsportation Element Policy B 15, and
Capital Facilities Element, General Comments, Policies A 7 and A9, and ObjectiveB 1 [Items (g), (P),
(t), (u), (w)].
12. The Department of Community Development has the following recommendations for Amendment
Number 6:
Approval as proposed or amended:
~
Item (a) - Transportation Element General Comments; added objectives under Policy A.
Item (c) - Transportation Element Policy A2
Item (e) - Transportation Element Policy A4
Item (g) - Transportation Element Policy B15
Item (i) - Transportation Element Objective B6a
Item (j) - Transportation Element Objective B6d.
Item (k) - Transportation Element Objective BI0.
Item(m) - Utilities and Public Services Element Policy C6.
Item (n) - Utilities and Public Services Element Policy D5.
Item (0) - Utilities and Public Services Element Policy D9.
Item (q) - Capital Facilities Element Policy A3.
Item (r) - Capital Facilities Element Policy A4.
Item (s) - Capital Facilities Element Policy A6.
.
~
~
~
~
~
~
~
~
~
~
~
.
Denial:
. Item (b) - Transportation Element Policy AI.
Item (d) - Transportation Element Policy A3.
· Item (0 - Transportation Element Policy B5.
· Item (h) - Transportation Element Policy B16.
· Item (1) - Defmitions.
Item (p) - Capital Facilities General Comments
· Item (t) - Capital Facilities Policy A 7
· Item (u) - Capital Facilities Policy A9
· Item (v) - Capital Facilities Element Policy B2.
· Item (w) - Utilities and Public Services Objective B 1
· Item (x) - Utilities and Public Services Element Policy C2.
13. The Fire Department had no comments on the proposal.
14.
The Clallam County Department of Community Development, Planning Division, has provided comments and
supported the proposed changes relating to extension of utilities in Amendment #4.
.
15. A Determination of NonSignificance was issued per WAC 197-11-640 on April 24, 2001.
.
E.
F.
. G.
H.
1.
J.
K.
L.
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Planning Commission Minutes
May 23. 2001
Page 6
16.
Notice of the public hearing on the proposed amendments to the Comprehensive Plan was published in
accordance with the Port Angeles Mlmicipal Code.
17. No written public comments have been received at the time of the staff report.
Conclusions:
A. Approval of CPAOI-0l, Amendment #1 as listed in Attachment A, would result in improved internal
consistency of the Comprehensive Plan.
B. Approval of CPA01-Ol, Amendment #2 as listed in Attachment A, would result in improved internal
consistency of the Comprehensive Plan, specifically the land use and transportation chapters, and increased
effectiveness of these policies.
C. Approval of CPA01-Ol, Amendment #3 as listed in Attachment A, would result local adoption of recent
changes to the Growth Management Act, RCW36.70A which relate to essential transportation facilities.
D. Approval of CPAOI-0l, Amendment #4 as listed in Attachment A, would result in improved internal
consistency of policies relating to the extension of urban services and utilities to the unincorporated urban
growth areas, and would allow for the provision of urban level of services to existing and proposed urban-
scaled developments in the Urban Growth Area.
Approval of CP AO 1-0 1, Amendment #5 as listed in Attachment A, would result in
Approval ofCPA01-Ol, Amendment #5 as listed in Attachment A, would result in increased effectiveness of
policies relating to nonmotorized transportation.
Approval of CPA 01-01 as listed in Attachment A, is consistent with Growth Management Act goals and Port
Angeles Comprehensive Plan.
Approval of CPA 01-01 as listed in Attachment A, is consistent with the adopted county-wide policies.
Approval of CPA 01-01 as listed in Attachment A, is consistent with Capital facilities and related plans.
Approval of CPA 01-01 as listed in Attachment A, is consistent that it is in the public interest and consistent
with the public health, safety and welfare.
The cumulative effects have been considered in review ofCPAOl-OI.
CP AO 1-0 1 as listed in A ttachment A,. is ~onsistent with P AMC 18.04 Comprehensive Plan Implementation and
Amendment.
293
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294
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~ORTANGELES .:
fj FILE
WAS H I N G TO N, U. S. A.
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
DATE:
May 23, 2001
TO:
Chair Nutter and Planning Commission
Debi Barnes, Associate Planner D~""V\.c.. 5>
FROM:
FILE #:
Comprehensive Plan Amendment - CPA 01-01
APPLICANT:
City of Port Angeles
OWNER:
nla
LOCATION:
City-wide
PROPOSAL:
Text Map Amendments to Various Sections of the Port Angeles
Comprehensive Plan
RECOMMENDATION
The Planning Department recommends approval of CPA 01-01 as revised and shown in
Attachment B, citing the rmdings and conclusions found in Attachment A of the staff report.
PROPOSAL
CPA 01-01 includes six sets of amendments to various sections of the Port Angeles
Comprehensive Plan. Many of the amendments are minor changes that provide clarity or
necessary corrections to the existing Comprehensive Plan. There are a few changes that could
be considered as major policy amendments. The proposed amendments as revised are included as
Exhibit 1 to this staffreport and are further described below. Amendments #1-5 are proposed by
City staff and have been altered. since the original proposal as a result of further staff analysis
and discussion with the Planning Commission. Amendment #6 is proposed by the
Nonmotorized Committee whereby the original proposal is provided in Exhibit 1; however
staff does not recommend approval of all of the proposed changes. Those amendments we
concur with (as proposed or amended) are provided in Attachment B.
295.
~of'C~i\y~SldR&part
CPA OI~1 City of'Port ADada
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~:'~:~~t #~ amendment proposes minor changes to tlie Community Profiie Chapter of
.. -the Comprehensive Plan in order to correct the current subarea planning names within the City limits
in addition to adding planning areas names for the Port Angeles Urban Growth Area. The changes .
include adding three additional planning area names and descriptions to the text, as well as reflecting
these changes in Figure 3 (map of planning areas). Please note that upon preparation of the map
(Figure 3), we have found-that a minor adjustment to the textual description of the Western and
Eastern UGA planning areas is necessary to incorporate remnant parcels near the south-central
portion of the City that are outside of the city limits but are within the UGA. The proposed changes
are shown in Attachment B and Exhibit 1 to the staff report.
Amendment #2. This amendment proposes additional clarification to the Commercial Goals and
Policies of the Land Use Chapter of the Comprehensive Plan. Specifically, Goal E, Policy 6 is
proposed to be changed as follows: "zones or uses that would result in a significant increase in
traffic generation or congestion that would negatively affect the Oow of traffic and result in
strip commercial development should not be located along the alternative local crosstown route
or crosstown truck route". The reasons behind this amendment relate to the location of the
crosstown and crosstown and truck routes that are identified in the Transportation Services and
Facilities Plan (October 1996) and Comprehensive Plan, and land use policies and zoning
designations that are associated with these routes. Goal E, Policy 6 states that new commercial areas
should not be designated along these routes. Clarification of whether areas implies uses or zones
should be made in this policy to improve its effectiveness. In addition, the connection to other
adopted policies related to the discouragement of strip development needs to be further explained.
Amendment #3. This proposed amendment to the Transportation Element Goal B, Policy 8 would
implement a recent change to RCW 36.70A, Growth Management Act (House Bill 1487, 1998),
copy attached, which requires recognition of essential public facilities, including state routes, in local
comprehensive plans, as well as a requirement to review potential impacts onto these facilities by
local land use designations. Within the City of Port Angeles, State Route 101 and 0117 are
considered to be essential public facilities, along with connecting spurs to the ferry landings.
Additionally, the proposed amendment would allow for improved connection between the
Comprehensive Plan and other adopted capital facility-related plans by the additional sentence
proposed for Goal B, Policy 19. Due to the varying processes for amendments of the capital facility
and other related plans, we do not recommend that maps or the bulk of these documents be
physically incorporated into the Comprehensive Plan at this time.
.
Amendment #4. The proposed amendment to the Utilities and Public Services Element of the
Comprehensive Plan relates to the provision of public services and utilities outside of the existing
City limits. Currently, some city services are provided outside the city limits, such as emergency
services (police and fire) through agreements between these providers and implemented through the
joint dispatch system. As required by the Growth Management Act, the City should plan for service
provision and annexation of the designated urban growth area. The proposed addition to Goal A,
Policy 1 references the equitable distribution of public facilities to include the UGA. Additionally,
the proposed amendment to Goal D, Policy 3 would change a long-standing policy of the City of Port
Angeles to not extend City utilities (as opposed to services) outside the city limit, and allow for this
to occur depending on feasibility. This represents a major policy change in the City's
Comprehensive Plan and could impact the City's utility services.
.
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.
Amendment #5. The proposed policy addition to the Conservation Element would reiterate the
City's cmrent practice of participation in and support of various" watershed and salnion recovery
efforts some of which are directly linked to the recent Endangered Species Act listings of several
salmonid species that occur, or may occur, in streaIpS or nearshore areas within the regulatory
J. ; < '
jurisdiction of the City, as well as its area of operations and maintenance.
Amendment #6. The City's Nonmotorized Committee has requested several changes to the
Comprehensive Plan, as well as to the Parks Plan and Transportation Services and Facilities Plan.
Only the Comprehensive Planning Policies proposed changes are being reviewed as a part of this .
application. The other plans which are ~dministered by the Parks and Public Works Departments
may be updated this year or next through a separate process.
The ad hoc Nonmotorized Committee provided a hand-edited copy of various policy amendments.
Staff typed the revisions into a 'strike and delete' format. A couple of the proposed changes were
inadvertently left out and are now accurately reflected in Exhibit 1. In general, the proposed changes
by the committee can be characterized to have the effect of strengthening the language in some of
the policies relating to nonmotorized or handicapped accessibility, or have no effect as they are
minor clarifications.
ANAL YSIS/COMPREHENSIVE PLAN REVIEW
.
In addition to the recent changes in the to the Growth Management Act that have triggered some of
the amendments, the entire Comprehensive Plan was reviewed for the proposal. The most relevant
policies are provided in Attachment C to this Staff Report. Because several of the amendments
relate to using either "shall" or "should" in various policy statements, we have provided the adopted
definitions for these terms:
Shall: "Shall" means the statement is mandatory, and the action so stated is required to be
done without discretion by decision-makers. The use of "shall" in a statement indicates that
the action is imperative and ministerial.
Should: "Should" means the statement ought to be done, bu the action so stated is not
required to be done by decision-makers. The use of "should" in a statement indicates that
discretion may be used in deciding whether or not to take action. The use of "should" is
intended to give decisions-makers discretion in matters where exceptions are warranted by such
factors as physical hardships and special circumstances or when funding must be taken into
consideration.
.
Amendment #1. The proposed changes to the planning areas titles and descriptions, including a
reference map, that are a part of the Community Profile Chapter, are deemed by staff to be minor in
nature. We believe that upon annexation of properties within the UGA, that additional neighborhood
policies pertinent to those areas may result. By establishing neighborhood names and then Bdopting
policies specific to that neighborhood allows for simpler administration and implementation of those
area-specific policies. At some point, areas of the UGA may be further defined similarly to what
has been established in the Clallam County Port Angeles Regional Comprehensive Plan for various
identified neighborhoods in order to better recognize the individuality of certain neighborhoods, as
well as the vision and needs of citizens within them. As an alternative, the City could establish the
297
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CPA 01.01 City aCPart ADpIcs
Pace 4
same neighborhood names set forth in the County plan and incorporate the policies for those
neighborhoods. Because the City's ~ministration is currently"developing an annexation strategy
and service delivery plan, establishing more policies beyond the clarification proposed by this.
amendment may not be appropriate at this time. In addition, we have not established neighborhood-.
specific policies within the City limits. .
Amendment #2. Staff suggests that Land Use Policy E6 be revised to provide further clarification
of the intent of the policy in order to further distinguish the intent of this policy and provide
additional consistency with related comprehensive planning policies in order to assure that future
rezone applications for commercial zoning and future uses on commercially zoned lands along the
crosstown routeS comply with this policy, as well as commercial-related uses on residentially zoned
~~ .
Examples of the uncertainty of how to properly implement the policy as written includes the
following:
.
Should a bed and breakfast or home occupation be allowed as a mixed
commercial/residential use?
Should a CUP-approved use that is commercial in nature be allowed in the RS7 zone?
Should a comprehensive plan amendment to allow additional commercial land use
designations be allowed?
Should a rezone request to change or expand the commercial designation along these route
in areas designated as commercial, residential, or transitional according to the Compo Plan
be allowed?
Are existing low density residential zoning designations along portions of these routes
conducive to new development in a high traffic area? Would medium or high density uses
be consistent with this policy?
.
.
.
.
.
As proposed, the additional language would provide guidance for conditional uses allowed in the
zones for properties along these routes, but would not necessarily provide guidance on permitted
uses for established zones, some of which may be high traffic generating uses. The proposed
amendment will also provide some guidance on future rezone requests. As suggested, changing the
word areas to zones or uses, will provide the most clarity. An alternative to forwarding a
recommendation of approval of Amendment 2 as proposed or amended would be to look at this issue
more comprehensively as a long range planning topic whereby the Planning Commission could
review the cross town routes and land use/zoning designations and policies associated with these
routes which could include a new zone for this area such as Commercial, Office. A beneficial
exercise may be to look at land use and zoning designations in the City (and UGA) by topic, such
as commercial areas, transportation routes, etc., to be followed by looking at land uselzoning from
a neighborhood perspective to further address compatibility issues.
Amendment #3. lbis amendment can be considered as a housekeeping item and would result allow
in further compliance with the State Growth Management Act relating to transportation facilities.
Amendment #4. This amendment to the City's current policy relating to the extension of urban
services outside the City limits is a major change to past practices. Recently, several businesses in
the city limits have relocated to the eastern UOA or outside the UOA. There have been conflicts and
.
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confusion during the development permit review process of proposals located in the UGA that
related to connecting to urban services or meeting level of service-standards. Upon adoption of the
proposed amendment, future urban-scaled development proposals in the UGA may be required to
extend services, such as sewer lines, prior to construction which would further the intent and
requirements of the Growth Management Act than does the current practices and procedures.
Additionally, the City and County would be able to further develop and implement the various
facility plans, as well as. develop interlocal agreements related to extension of services and
perfonnance standards that may provide additional guidance on how to effective apply this policy.
As noted previously, the proposed change to D3 is a change to longstanding practice of not extending
utilities outside of the city limits. Through cooperative agreements and implemented through the
joint emergency services dispatch center, the City's Police and Fire Department provides services
outside the city limits on occasion and as needed. Through agreements with the PUD, water from
the City's ranney well collection system on the Elwha River is provided to PUD for distribution
outside the City limits. Through various annexations, the City and other service providers have
reached agreement about the phasing of service provision in newly annexed areas.
.
There are other policies adopted by both the City and Clallam County which state that new
development shall provide, or be provided with urban services when proposed in the UGA. Clallam
County is the review authority and decision maker for new development proposals in the UGA. As
a review agency, the City is routed a copy of the application for comments. The City's comments
generally are that urban services should be provided. However, as the provider of some of these
services and with Policy D3 stated as adopted, the City cannot extend some of these services. This
results in the applicant and the local permitting agencies being in a "pickle", as well as ineffective
policy implementation and possibly noncompliance with the Growth Management Act. As
proposed, the change in policy should help to ensure the planning for and provision of efficient urban
services to new urban-scaled developments or redevelopments that are proposed in the UGA.
Clallam County is in support of this amendment (see attached).
The proposed change to Al will reiterate the City's mandate of planning for the provision of services
to the City, as well as the designated UGA. The proposal to change Policy D3 from "should not"
to "should" will allow flexibility to the City as the service provider of several utilities and services
in determining how to equitably distribute these services. Staff originally thought that the word
"may" would be most effective; however "should" is defmed in Comprehensive plan and reflects
the intent of why this change is proposed.
Amendment #5. The City Attorney recommended that an addition to the Comprehensive Plan be
provided which references the Endangered Species Act, as well as the City's intent for compliance
with that law. The additional policy should not have an effect onto current City practices but may
be beneficial should the City be party to any lawsuits related to protection of listed species.
Amendment #6. This amendment was submitted by the Nonmotorlzed Committee. For the ease
of cross-referencing, statIhas numbered the proposed revisions by the Nonmotorlzed Committee as
items (a) through (x) in Exhibit 1. The City EngineerlPublic Works Department does not support
several of the proposed changes, as outlined in the attached memo. Specifically, they oppose the
following:
.
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CPA OI~1 City of Part ADpIcs
,-. .,.'--" --. - - - .
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Item (g) - Transportation Element, Policy BIS
Item (P) - Capital Facilities Element, General Commerits-:-
Item (t) - Capital Facilities Element, Policy A7
Item (u) - Capital Facilities Element, Policy A9
Item (w) -Capital Facilities Element, Objective Bl
.
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.
.
.
In review of the proposed-changes submitted by the Committee, the Department of Community
Development concurs with the recommendations by the City Engineer to not approve the items listed
above, and also recommends that the following proPosed changes are not approved:
. Item (b) - Transportation Element Policy AI. Should is the preferred wording and is
sufficient for this policy. As an example, drinking fountains should not be a required
element of the City's transportation system.
. Item (d) - Transportation Element Policy A3. Should is sufficient
. Item (e) - Transportation Element Policy A4. Okay as written.
. Item (f) - Transportation Element Policy BS. Should is sufficient
. Item (h) - Transportation Element Policy B16. Should is sufficient as shared parking may
not be reasonable in all situations.
. Item (1) - Definitions. The proposed definitions provided in W A Department of
Transportation's design guidelines, as well as federal laws and guidelines regarding
handicapped.
. Item (x) - Utilities and Public Services Element Policy C2. The Transit Service has its own
guidelines and requirements to address handicapped and nonmotorized.
Staff concurs with the following proposed amendments and recommends alterations to several more
. items as listed below:
.
. Item (a) - Transportation Element General Comments. Add nonmotorized and Objec~ves
A(I-3)
. Item (c) - Transportation Element Policy A2. Okay as proposed.
. Item (i) Transportation Element Objective B6a. Nonmotorized includes pedestrian.
. Item G) Transportation Element Objective B6d. Slight re-wording is suggested.
. Item (k) Transportation Element Objective B9. The proposed wording is unnecessary and
the current language should remain. Adding Objective BIO regarding implementation is
appropriate.
. Item (m) - Utilities and Public Services Element Policy C6. Okay as proposed.
. Item (n) - Utilities and Public Services Element Policy DS. Slight modification of proposed
wording is recommended.
. Item (0) - Utilities and Public Services Element Policy D9. Adding transportation is
preferred.
. Item (q) - Capital Facilities Element Policy A3. Bikeways and pedestrian ways should not
be deleted; add transportation nonmotorized.
. Item (r) - Capital Facilities Element Policy A4. Add nonmotorized.
. Item (s) - Capital Facilities Element Policy A6. Leave bikeway and pedestrian in; add
nonmotorized.
. Item (v) - Capital Facilities Element Policy B2. Okay as written.
.
300
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Staff review of this amendment did not include an assessment of the consistency of the terminology
used throughout the Comprehensive Plan. - -:-
DEPARTMENT I AGENCY COMMENTS
The Fire Department had no comments on the proposaL The Public Works Departnlent
opposed 5 items listed as a part of Amendment ##6. The City Attorney provided comments that
some of the proposed changes should Dot be considered to be minor changes. Clallam County
Department of Community Development provided comments in support of the change to
providing utility services outside the city limits. See copies attached.
ENVIRONMENTAL REVIEW
The City's State Environmental Policy Act Responsible Official issued a Determination of
NonSignifieanee and Adoption of Existing Environmental Document for the, proposal per
WAC 197-11-640 on April 24, 2001.
PUBLIC COMMENTS
No public comments have been received. Notice of the public hearing on the proposed
amendments to the Comprehensive Plan was published in accordance with the P AMC.
RECOMMENDATION
Staff recommends approval of the amendments proposed as listed in Attachment B to this staff
report. Some of the revisions shown in Attachment B are different than what was proposed in
Exhibit 1, the original application. Findings and conclusions in support of the amendments listed
in Attachment B are provided in Attachment A.
Atta..lunem A - Flffiim~Ht~tl.l3;UII" ill support af.Ree8~eAt B
J ;.-.t r' ,~eJI
Exhibit I - Application fOT CPA 01-01
Exhibit 2 - Comments from City EngineerlPublic Works Dept.
Exhibit 3 - Comments from City Attorney
Exhibit 4 - Comments from Clallam County
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EXHIBIT
!'~_~~~1;!~ CITY OF PORT ANGELES
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Tota1:-.$QJO:~ COMPREHENSIVE PLAN AMENDMENT
':6MIG__
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APPLICATION
.
PLEASE NOTE: DeDdIinefor applications is March 31" of each year.
APPLICANT/OWNER INFORMATION:
Applicant: CITY OF PORT ANGELES
Address: P.O. Box 1150. Port Angeles. WA 98362 Daytime phone #: (360) 417-4750
PROPOSED COMPREHENSIVE PLAN TEXTILAND USE MAP CHANGE: (Note specific Plan
policy citations.)
,~xt amendments to the Comprehensive Plan to include: providin~ corrections and uDdates to the references
to planninl! area names. the allowance for utility extensions outside of the City limits. habitat protection policies for
listed or threatened sDecies under the Endanl!ered Species Act. cross-references to related adopted Dlans. and
imolementation of recent chan~es to the Growth Mana~ement Act relating to the recol!Dition and coordinated
. planninl! of transoortation facilities. (See attached)
.
JUSTIFICATION FOR CHANGE:
See attached
SIGNA TURES:
Applicant:
J have read this application in its entirety and believe the information herein presented to be true and correct.
~i/bi"tS
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Signature
Date ??i) 0
Attachments
T:\CP\2001\appl.wpd
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hopoIMIC~ P.,A_--..u 2001
City of PonA".1a '
PDgeI
.
AmendmentltL.
The following minor changes to the Community Profile Chapter of the Comprehensive Plan are
proposed in order to correct the cmrent subarea planning names 'within the City limits, in
addition to adding planning area names for the Port Angeles Urban Growth Area which will
allow for easier referencing.
(Note: New text is shown as underlined text, and deleted text is shown as over-stricken text.)
n. COMMUNITY PROFILE
Land Use
The Comprehensive Plan divides the City into 51 planning areas. For the purpose of
description, the individual planning areas are identified as the Harbor, Northwest, Southwest,
North Central, ami South Central, East Eastern Urban Growth Area and Western Urban
Growth Area planning areas. These areas are located on Figure 3 and are described as
follows.
The Harbor planning area contains the Coast Guard Station, the Port and Salmon Club boat
ramps, Ediz Hook Park, and Daishowa Mill on Ediz Hook. The historic downtown and
waterfront are also essential parts of this subarea. The boat haven marina, log export terminal, '."
the K-Ply mill, the Coho Ferry terminal, City Pier, and Rayonier Mill line the waterfront.
Entertainment activities (movie theater, bookstores, antique shops, galleries, and restaurants)
abound within the pedestrian oriented central business district.
The Northwest planning area covers the western edge of town lying beyond Tumwa~er Creek
and north of the airport. This area is comprised largely of older homes. There is a
commercial area serving the residents along C Street. A pocket of industrial/commercial
activities are located along the Tumwater Truck Route/Highway 101 junction. This area of
town has limited access because of the Tumwater Creek ravine and the bluffs. It also has the
largest segment of undeveloped residential land within the current City limits.
The Southwest planning area includes Fairchild International Airport, the Clallam County
Fairgrounds and Lincoln Park. Industrial development is located at the airport industrial park.
A few homes lie within the City limits along Lower Elwha Road, but otherwise this planning
area contains predominantly industrial and park (recreation) land uses.
The North Central planning area is the older more dense portion of town: It is an area divided
by Valley, Peabody and EnnislWhite's Creek ravines. It contains all of the municipal
buildings and Clallam County building and courthouse. The commercial uses along Lincoln
Street provide community shopping opportunities. Recreation is provided by a number of
.
304
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PUBLIC WORKS
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parks and the Peninsula Public Golf Course. Much of the city's multifamily housing is within
this planning area.
The South Central planning area is the area of town with newer homes, on larger lots. This is
where the street pattern changes from traditional blocks to cul-de-sacs. Many views of Port
Angeles Harbor and the Strait of Juan de Fuca are available. The Port Angeles High School
lies within this planning area. The Olympic National Park Headquarters and Visitors Center is
along the Heart of the Hills Road. At thfcastuu ~g' oftbis 5utalCA is &c. P"ninsdiA
Cv1U&U~ CoHeA",
The East plannin~ area is the area of town easterlv of Race Street. This area has a mix of
older homes and newer residential subdivisions and development as well as Dortion of the
main commercial COIridor. Marine vieWs from qpper elevations arc possible. alon~ with
mountain views. This plannin~ area includes peninlmla Colleee facilities and Peninsula Golf
Club.
The Eastern Urban Growth Area is the area east of the city limits. Policies for this area are
adODted bv Clallam County as a Dart of the Port An~eles RefPonal Comprehensive Plan.
The Western Urban lp'Owth Area is the area west of the city limits. Policies for this area arc
adopted bv Clallam County as a part of the Port Angeles Re~onal Comprehensive Plan.
..
This includes an update to Figure 3 - Planning Areas
Amendment #2.
The following proposed amendment to the Land Use Element relates to future commercial land use
designations and land uses along the proposed alternative crosstown transportation routes. As
proposed, non-traffic generating commercial uses could be located in these areas. As an
alternative, the land use map designation along these routes could be evaluated.
V. LAND-USE ELEMENT
Commercial Goals and Policies
Goal E, Policy 6.
I
New commercial areas that would result in inCreased traffic generation
or con~estion should not be located along the alternate local crosstown
route or the crosstown truck route.
.
306
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P1't1f1t*tJ CtlllrpNhtnuiw Plan A_1IliIwn&r 100/
City of Pm Artgflw
Page 3
Amendment #3
The following amendments'to the Transportation Element will result in improved connection
between the Comprehensive plan and other adopted capital facility-related plans. Also, the
amendments will implement a recent change to the Growth Management Act, RCW 36.70,
relating to clarifying language for the recognition of certain transportation facilities that are of
state-wide significance.
VI. TRANSPORTATION ELEMENT
Goal B.
To improve circulation patterns across and within the community.
Policies
8.
The City shotrld IJmIl coordinate with the State DqJt. ofTran$1)Ortation. Countyls
and the Peninsula Regional Transportation Planning Organization transportation
planning efforts. This includes recopition of SR 101 and SR 117. alo~ with .
connectin~ $purs from each to the ferry laodinp as tran~portation facilities of
state-wide siJDificance which are declared essential public facilities under the
Growth M3m\,ement Act. Review of potential inwacts onto these facilities and
LOS standards will be incoI:Porated with future updates to the City's
Comprehensive Plan, as required bv the Act.
19. The development of the City's comprehensive service and facilities plan for streets,
bikeways, pedestrian walkways, and the overall transportation system, and regional
transportation plans should all be consistent. These plans. as adoDted and hereafter
amended. are incomorated herein.
Amendment #4
The following proposed amendments to the Utilities and Public Services Element of the
Comprehensive Plan will result in increased flexibility for the City to plan for and provide services
to properties in the Urban Growth Area.
vn. UTILITIES AND PUBUC SERVICES ELEMENT
Goal A
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City of Pm Alfgew
Pap"
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A. To provide or allow the opportunity for services and facilities which enhance the quality
of life for Port Angeles citizens of all ages, characteristics, needs, and interests.
Policies
1. Public facilities should be equitably distributed across the CitYs planning areas
incJlldil'li desim18.ted Urban Growth Areas.
D . To provide utility services in an efficient and cost-effective manner.
Policies
3. The City shmdd DOt lDILextend urban services outside the City without
annexation.
Amendment #5 ..--.
The. proposed amendment to the Conservation Element.of the Comprehensive Plan will provide -
further acknowledgment of the City's participation in -various watershed and salmon recovery
efforts, as well as _ its commitment to appropriate preservation meBSW'CS of habitat for listed or
threatened species under the federal Endangered Species Act.
..
IX. CONSERVATION ELEMENT
Goal B . To protect and enhance the area's unique physical features, its natural, historical,
archaeological, and cultural amenities, and the overall environment.
22. The City will continueparticipatinl! and leadin~ in various watershed planning and
salmon recoverv efforts. The City will incof1Xlrate aDDropriate measures for the
protection of habitat for listed or threatened s,pecies under the federal Endangered
SDecies Act when Drovidinl! DubHe services and administerinl! land use and
development re~ations.
Amendment #6
The City's Ad Hoc Nonmotorized Committee has requested that the following changes be made to
the Transportation Element of the Comprehensive Plan related to nonmotorized uses:
VI. TRANSPORTATION ELEMENT
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City of Pan Allplu
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General Comments
(new paragraph)
The City will be an active partner in tlte development of the Discovery Trail which passes throuldt
and along: kev Darts of its Park. Street. pedestrian. and non-motorized tran~rtation SYstems and
facilities. The City's Ciroculation Plan acknolwedlles that such a Regional Trail system serves many
functions: it is a mean~ of inter city communication. a wav to promote economic development. a @ \
means to Dromote a healthv lifestYle and even a wav to provide future utility ri~t-of-ways. J
The City's Comprehensive Plan also acknowled~es that onlloine: efforts to improve or provide access
to Vallev. Tumwater. Peabocly. F.nnis. White's Creeks and the development of the Foothills Trail
System will cause additional chanlles in this plan. -
As an active partner. the City will maintain a Citizen's Advisorv Group and will facilitat
communication with Clallam County. the City of Sequim. the DNR and other public and private
groups developin~ alternative Tran~rtation Systems. :
Goal A. To develop a coordinated, multimodal traDsport8tioil system which serves all areas of the
City and all types ofusers in a safe, economical and efficient manner.
Policies
1. Pedestrian and bicycle paths, bike racks, storage facilities, drinking fountains, and benches (b)
shottld shall be an integral and accessible part of the circulation system. \.J
2. The safety of non-motorized modes of transportation sboa:ld shall be a primary consideration
in the circulation system. Adequate sidewalks, crosswalks, biG, GIG paths bikeways, and
handicapped access should be provided.
3. The collector arterial streets and local access streets shon:ld shall serve primarily local traffic
with special emphasis on safety for pedestrian traffic.
4. A multimodal and non motorized. handicaDoed :transportation center should include but not
be limited to public transit, commercial bus, taxi, ferry, and airport shuttle services and should
be located in or near the downtown cor and public transportation system.
Goal B. To improve circulation patterns across and within the community.
Policies
309
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Pagw 6
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3. The City should facilitate the development of a crosstown truck route with
improvements which provide. full access to Highway 117 to and from Highway 101
and improvements to the Lauridsen Boulevard Bridge over Peabody Creek and the
intersections of Lauridsen Boulevard at Race Street and Highway 101.
- 4. The City should facilitate an additional route for local crosstown traffic along
Lamidsen Boulevard across White's Creek ultimately connecting with Highway 101.
s.
In association with these two proposed crosstown routes the City should shall require (r. ~
adequate mitigation measmes to reduce any negative impacts on existing land usest If .......
including buffer areas, pedestrian sidewalks and crossings, bikeways, and reduced
speeds.
6. The City should facilitate the development of an alternate local crosstown route with
improvements which provide full access at Highway 101 and Highway 117 (the
Tumwater Truck Route). Improvements should be made to the intersections of
Lauridsen Boulevard at Lincoln and Peabody Streets. Improvements should be made '
to the LamidsenBoulevard bridge over Peabody Creek. Improvement should be made .
_ for the development of a crossing over White's Creek.
15.
Road improvements should shall provide for alternate modes of transportation.
~/
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16.
Parking requirements momd shall make allowances for shared parking facilities.
1 7. The City should assist the public transit system by providing convenient access
between neighborhoods, residential, commercial, and industrial areas and between
major community facilities.
18. Police and fire protection should be a key factor in residential subdivision street
designs and circulation patterns.
19. The development of the City's comprehensive service and facilities plan for streets,
bikeways, pedestrian walkways, and the overall transportation systemt and regional
transportation plans should all be consistent.
Objectives
1.
Secondary and primaIy arterials will be designed with an appropriate balance
for moving through traffic and providing lOcal access to uses that front on
these arterials. In commercially zoned areast policies for consolidating access
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City of Port Anp/u
PDgt 7
and providing for joint access and maintenance of driveways would be
considered.
2. The City will develop a variety of funding techniques available for new
development projects to provide mitigation for.. transportation impacts
resulting from new development or redevelopment. The funding techniques
could include but are not limited to developer provided right-of-way and
partial improvement to the street along the frontage of their property,
establishing a road development or trip end fee, use oflatecomers agreements,
waivers of protest to the formation of LID's and bonding. The intent would
be to match the technique to the development circumstance in order for the
City to fund the transportation improvements that ensure concurrency.
Whichever approaches are taken, they must be equitable and proportional to
the level of impact.
6. The City will consider a variety of traffic management alternatives to increase
the existing - street system capacity and implement appropriate options as
feasible. Such alternatives may include:
~
. at!.
be.
&-/
Taking into account pedestrian/nonmotorized use:
-lL'
j
Remove parking at controlled intersections to provide auxiliary turn
lanes to increase capacity;
Remove parking during selected periods oithe day (Le., noon and PM
peak hour) to create additional through land capacity;
Modify signal timing to respond to seasonal and/or daily peak traffic lJ-)
periods to favor major flows and expand the number of signals that are
coordinated as part of a system to provide enough time for a
handicapped citizen to cross when sipal button is pushed.
\
7. The City will coordinate with the County, RTPO, and State and Federal
agencies in the study of a possible future US 101 corridor including the Heart
of the Hills Parkway and Coastal Conidor concepts. East of Race Street, the
alternate local crosstown route (along Lauridsen Boulevard) will not be
considered as a future US 101 canidor.
9. TIle. Ci~ will '-sh\bHsh A wk COlee. to devc.lop A Cit)-widG bikGWA, l K)
.
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City of PDI1 Allpla
Page!
~~ phw. The Citv will facilitate the inwlementation of the City
wide nonmotorized and s,peciaJi7.ed tran~on master plan. The
Nonmotorized Advisorv Committee will continue to review new
proiects and to call attention to needed improvements.
.
It is requested that 1D1der the "DEFINITIONS" Section the following definitions should be added:
m. DEFINITIONS
Nonmotorized: A broad term an,plied to all forms of equipment that are basically human
powered. SometvDes of non motorized equtpmentmav also be used on the roadways at times.
TWical examples of nonmotorized eauipnent would include bikes with 1 to 4 wheels. in
stvles includin2 road. offroad.recumbent. and BMX and stunt or performance stYles ortwes
Some other forms of recreation eouipment mav be considered as trans,portation deJHmding (J;)
upon use and s,peed. E)Camples include in-line skates. skate boardS. and scooters. \:
Handicanned S,PeCiali7.ed: The term is ItWlied to equipment such as wheelchairs. walkers.
. bikes. and scooters whose main ftmcnon is to. enable a person to have a wider ranKle of '.. .
movement. Thev mav or mav not have electric motors to move or help move the equipment.. .
VII. UTILITIES AND PUBLIC SERVICES ELEMENT
.
Goal
C. To provide safe, clean, usable, and attractive public facilities which enhance the cultural,
educational, economic, recreational, and environmental attributes of the City.
Policies
6.
The City should place special emphasis on the recreational needs of the youth of the ( 1M ..).
community includinKl biCYcle safetv education prolP'lllls. \!. ' I
Goal
D. To provide utility services in an efficient and cost-effective manner.
Policies
5.
The City should promote the joint use of transportation rights-of-way and utility
corridors to provide all forms of nonmotorized and 5j)ecialized mobilitv for all citizens . (yl)
.
312
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;J:. \~;Yt1:fVi;t:)::M,()!,';;}\k\j~~.i!')' ,\ :.~ "':':~';,;'~~,~,~:s;;:;~:Y.f:)),(:!~;&,y';,,'[;'
Prt1f1G#d CompnhDum Pilllt A_1IIiMmtr 100/
CUyQI Pon AngeJu
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includintz handicawed
6. The City Should promote coordination between road construction and utility
installation.
9.
The City should identify. lands useful for public pmposes, such as utility corridors,
landfills, sewage treatment facilities, nODlDotorized and specialized transportation
recreation, schools, and other public uses.
(0/
10. Planning for utility services shall be consistent with the goals and policies of the
Capital Facilities Element.
. 11. New development should be served by sanitary sewers.
x. CAPITAL FACll.ITIES ELEMENT
General Comments
The Capital.Facilities Element consists of two parts. . The first part is the listing of goals and policies
regarding the City's provision of urban services and its planning.ofeapital improvements. The second
part is the Annual Capital Facilities Plan which is adopted separately from the Comprehensive Plan
but is included as part of the Plan as an attachment. .
The Comprehensive Plan defines urban services in its definition section which includes a listing of
the following services and facilities which should be available in an urban environment:
· Surface transportation facilities;
· Water facilities;
· Sewer facilities;
· Stonnwater facilities;
· Solid waste facilities;
· Parks and recreational facilities;
· Nonmotorizedlhandicapned access:
· Emergency services (police, fire and medical response);
· Public service buildings;
· Public schools facilities; and
· Regional facilities (libraries, corrections, and mass transit).
If)
Policies
3. The City shall develop individual comprehensive service and facility plans for the
313
Prapo#d CDlffll'YIteIuM PIIIIa .4~ 2001
Cily of Pan.4",.1a
P.IO
following utilities and/or services:
.
streets, b~"u"., and j)C(k.&h~CIU ~aIl-IrA'5.nonmotorized with handi~,ped
accessibilitv:
water system,
sanitaly sewer system,
electrical system,
parks and recreation services, and
emergency services (police, fire, and medical response).
.
.
.
.
.
4. The City should co-opcrate with the appropriate private and/or public agencies to
develop individual comprehensive service and facility plans for each of the following
utilities and/or services:
*
*
*
telecommunications,
schools,
transportation (air, marine and public transit), nonmotorizedlhandicappcd and
solid waste collection and disposal.
.
(Cff
lr)
The comprehensive service and facility plan for streets, bikc.wa.,.s, and p"dlCoSh~C&U
nonmotorizedlhandicawed walkways shall also..includespecific actions and ~
requirements for bringing into..compliance any. street facilities that fall below the.
required level of service, including demandmanageImmt strategies which encourage ..S)
reduced reliance on single occupant vehicle trips and encourage use of alternate
modes of transportation such as the bicycles, walkways, aIld transit riding with
incentive programs for and from local businesses.
6.
The comprehensive service and facilities plan for streets, nonmotorizedlhandicapJ)ed (I
biicGwaJs, &\ad pc.dc.stlian walkways should include a future US 101 corridor to meet '-- tI..
long-term local and regional transportation needs.
7.
9.
The City shall require concurrency at the. time of development for the following II I)
utilities and services includinl! ADA requirements: \ V
.
.
.
.
st:rects,
water service,
sanitaly sewer service, and
electrical service.
Goal
314
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Propo8uJ C~M PIDnA_1IIiIMIIa 200/
City "'Port ArrgelG
P".II
B. To provide urban streets and utilities at minimum levels of service for all city residents and
the general public:
Policies
2.
Development on all arterial streets and any other streets identified as school walking .
routes sball include pedestrian sidewalks and nnnmotorized access.
Lv)
Objective
1.
The City will develop and adopt design standards for street, nonmotorized. luJ ~i
water, sewer, and stormwater facilities.
Goal
C. To provide urban services at minimum levels of sC?Vice for all city residents and the general
public.
Policies
.
2.
The City should not approve any develop~ent that Will not be served with adequate
~O~?to~ed e.transit servic~ as ~thine!e~ined infrtheth.com~henfsdive lservice and (.'. _../.!
ac lties p an Aor transportation WI SIX years oin e time 0 eve opment.
315
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316
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~RTAN6ELES .-.
WAS H I NG tON, U.S. A.
PUBLIC WORKS & UTILITIES DEPARTMENT
DATE:
April 12, 2001
To:
Debi Barns, Associate Planner
Gary W. Kenw~, P.E., Deputy Director of Engineering/City Engineer
Comments regarding proposed amendments to Comprehensive Plan and TSFP.
FROM:
SUBJECT:
Public Works has reviewed the proposed amendments to the Comprehensive Plan prepared by DCD
transmitted by your memo of April 6, 2001 and has the following comments:
COMPREHENSIVE PLAN
.
Amendment #3
The added text regarding highways of state-wide significance in section VI, Goal B. Policies 8 which
reads "This includes recolPlition of SR 101 includint: the spur to the fefIY dock.. and SR 117. as
transportation -" should be revised to read This includes recognition of SR 101 and SR J J 7.
along with connectin$ ~rs from each to the ferry landings. as transportation -"
Amendment #6
.
Transportation Element
Page 65.
We oppose the proposed replacement of should with shall in item 15. This would require that all road
improvements provide alternate modes of transportation. The City cannot afford to meet this
requirement for all road improvements.
Page 83.
We oppose the proposed inclusion of non-motorized/handicapped access as a separate urban service.
Non-motorized facilitieslhandicapped access are included in other listed urban services and should
not be listed as a separate service.
Page 85.
We oppose the proposed changes to items 7 & 9. In item 7, replacing bikeways and pedestrian
walkways with non-motorizedlhandicap walkways serves no purpose. Per ADA regulations, all
pedestrian walkways are required to be handicap accessible and need not be listed as a separate
criteria. In item 9 we do not need to add including ADA requirements. As noted above, ADA
regulations require ADA access to be provided. This is not a separate or added concurrency
requirement that should be noted.
Page 87.
We oppose the proposed addition of non-motorized to the list of facilities that the City will develop
and adopt design standards for. These are already included in our transportation standards and the
WSDOT Design that we utilize in our project designs.
31.7
TRANSPORTATION SERVICES AND FACILITIES PLAN (TSFP)
We have reviewed the TSFP ~mments and will k~ them on file for when the TSFP is updated. We
have no current schedule for the update. Many of the comments were minor corrections and not
critical to interpretation. However, in the section on Pedestrian Facilities, Page 5-17, we strongly
object to the proposal that new roadway facilities will be subject "to review by non-motorized
advisory board and this includes Bike, Pedestrian, handicapped safety education". We do not need an
addition layer of approval for projects. The non-motorized advisory committee, as created, is advisory
only and not a review board. We appreciate the committees efforts and will consider their input in our
projects. It was further proposed in the same section to add "and ADA" to our standards. This is
unnecessary since ADA requirements are mandated to be included in all facilities. In the section on
Bicycle Facilities, Page 5-17, the addition of "and/or when recommended by the non-motorized
advisory committee" is acceptable and in line with their role.
Please call me if you have any questions regarding our comments.
N:\PWKS\ENGINEER\PLNCRSP\cmprev.wpd
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EXHIRIT .3
fD) rn @ ~. p. ~.~ .
&1 APR , o~;
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~ORT ANditES
WAS H I N G TO N, u. S;,A.
MEMO
Date:
April 10,2001
CITY ATTORNEY
To:
Debi Barnes, Associate Planner
Craig Knutson
City Attorney
[4531]
From:
Craig D. Knutson, City Attorney
Re:
Proposed Comprehensive Plan Amendments
Dennis Dickson
Sr. Assistant City
Attorney
[4532]
Candace Kathol
Legal Assistant
[4576]
This is in response to your request for comments on the comprehensive plan
amendments being proposed by the Department of Community Development. In
my opinion, all of the developments are not minor, particularly Amendments #4,
#5, and #6. The most significant amendment is #4, which could have a significant
effect on future annexations and growth in the urban growth area.
.
Please let me know if you would like to discuss this further.
Jeanie DeFrang
Administrative Assistant
[4530]
Diana Lusby
Administrative Assistant
[4530]
CDK:dl
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"':Li EXHIBIT U-
DI --I--
-. COMMUNITY DEVELOPMENT
May 3, 2001
CLALLAM COUNTY COURmow
223 E. FOURmST., P.O. BoxBt
rID) E ELES, WA 98362.o1~
~ IE I w/<JilmOOO.FAX(360l417.24'
.-72001 i,l:
DIRECTOR, BoB MAR11N
BunDING DMSIONIFIRE MARsHAL
ENVlRONMENrALHEALmDIVISION
PLANNING DIVISIONIW AlER QuALITY
eoMMuNnv DEVELOPf.~: ::~
Mr. Brad Collins, AICP
City of Port Angele~
Department of Community Development
P.O. Box 1150
Port Angeles, W A 98362
Re: Proposed Comprehensive Plan Amendments - 2001
Dear Brad:
.
I have reviewed the proposed amendments to the City's Comprehensive Plan
which I received April 26, 2001. Most of these involve minor changes to the language in
your plan which do not involve county issues. However, I do want to indicate our
concurrence in support for the proposed change which will allow provision of utility
service outside the city limits. This will be a helpful change as the City and County
examine how best to serve citizens and property within the Port Angeles UGA.
If you have any questions or comments, please let me know.
Sincerely,
~2:;;
Planning Director
c: Bob Martin
Board of Clallam County Commissioners
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I'QRT ANGEl~S _ CITY PLANNIN~ OEP1.
DEC'u ~/2:v0'--__'_-"-;r -
i. - --- ~-fHBI'-"'5
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Non-Motorized Advisory Committee
. .!. .
Response 10 Staff recommendations 10 Comprehensive Plan Revisions
These responses -were developed at our regular meeting on May 1-5, using the draft
recommendations from the staff review.
in submitting the original request for changes to the Transportation Sections of the -City
of Port Angeles's Comprehensive Plan, the Non-Motorized groups' intent was to bring
the Comprehensive .plan up to -elate and to add emphasis to strengthen. and to add
additional fanguage to support non-motorized and -handicapped access within the
City. -We have wanted to do this review for several-years and this was the frrst time that
we caught the review cycle in time to get this done. This effort resulted in 23 requests
for changes.
At our May 15 meeting we had the help of Jim MahJum -in developing the responses to
the staff review. As is often the case in review of written words only, the staff and the
Advisory-Comn,itteewere focused on different parts of the statement or had diffelent
meanings for the text. Once both Mr. MaRum and we clarified the meanings or-intent
we are -in substantial agreement with most of the staff responses, 18 of the 23
changes.
.
The detailed response follows: The ietters refer to the hand written -Iettel s added -in the
right margin of the Comprehensive Plan. See Exhibit #1, pages 5-11
Staff recommends approval
-We appreciate the support of the staff in accepting our suggestions as -fisted in
Attachn ,ent A, page 2. Those -include items marked with -hand written letters as follows
{ a,e, i, j, k, m,n, o,q, 1', s, It.,,) Some items have been reworded; the rewrite is
accepted.
Staff recommends denial: and we agree with 1f1em
1tems ( d, f,-h, p,u & x) With changes to current f and one new item g.
item f -We would like a change -in wording to make clear that number 5 (item f ) -is -in
reference to numbers 3. and 4 just above n. if this -is so, -we agree with -keeping should
and not changing -it to ~.
item g -we would like the have a new entry after #15 To read New roads shall be
evaluated for the abilitv to accommodate alternate modes of transportation. Leaving
item 15 as written.
item h We read the term shared to include more than cars, that bikes shall also
"share" parking. Term "shared" as used here refers to two or more buildings using the
same parking lots at different times. However, we feel that SDace for non-motorized
. parking should be included in parking plans for new. buildings or developments. We
do not know where to place this request. cb~~tv-c.t(l.t
323
Items 1he -Non-Motorized st1t11'equest be changed in "the
Comprehensive Plan (Items h, e, i, 1, Ie w )
.
item (h) Policies: That such .items as pedestrian and bike paths, bike racks, storage
facilities,. drink-ing fountains, and benches D!L.. be an -integral and access(tB part
of the circulation system. Comment: While some items may be fJ8I1 of -Parksw or some
other division of the .Con,prehertSive plan, these amenities often atlow people to really
use public spaces and pedestrian and bike paths. To have a POLICY that states that
some 'will not be accessible 15 setf-defeating.
item ( e) Policies:WhHe mufti modaf 1ncfudes non-motorized, handicapped 10 most
formal definitions of the term multi modal, we were trying to make'sure that aflpeople
.who are connected with the development of such a center including those who are not
professionals -understand that multi modal includes more than ears and buses.
{ Not a must have item for -NMAC; we see this as a double-check ttem}
item ( f) -Definitions -Non-motorized. White the -staff ptans on using -existing r ederal
and State definitions and WOOT design guidelines, there is no summary or appendix
which details what they are inctuded -in the Comprehensive Plan. The general
description or definition from ;the WOOT or Federal guidelines needs to be included
here.
Once more we were trying to give examptes -of the types of equipment that may.wetl .
be -used as non-motori~ transport, -inctuding uncommon types of bikes or btkes with
electric motors. For ahyone working on such things as Transportation Centers, Parks,
-walkways -into facilities or -park-ing or storage for non-motor1zed equipment, -knowledge
of the wide range of equipment types .would be very important.
-With the Commissions permission we.woufd suggest the foflowing changes to be
made starting -in.tine 3 Twical examDtes ............... bikes with 2 or more wheeJs.
Bicvcle styles include road. oft road. recumbent, BMX. stunt. and oerformance.
item 1 While on the surface it may seem that Highway 101 does not seem to fit .into
non-motorized -facilities; -if a new route for 101 -were to be built .within the city the ability
of users of non-motorizedlhandicapped equipment to cross oVer or under a new 101
would be of prime concern to us. Thus -we -wish this concept to -be included .inthe
Comprehensive Plans. This may not be the place for this concept but it should be
included in the Plan somewhere.
item w Not all non-motorized facilities are connected with streets or roadways, so we
wish to once more make this point clear.
.
324
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"t~~~t{,~l~f;f~n~ntii,~:~:G,f~'~'~ri,,~~'~~:~~1:~;.:~
NeW..flequest~!1d<a Comment
A member of the Advisory group (Kathy Seven Williams) has sent in a new request
based on her recent experiences and the reading of our requested changes following
the last meeting. The new request is for a policy change.
She requests, We need a city policy that provides for safe pedestrian passage
along pedestrian lines of travel. It also must include a policy that no obstruction of
pedestrian ways will be allowed, by signage, parking, or other barriers not specifically
placed to reroute pedestrian travel for their safety.
This blockage of walkways has become a issue during much of the current
construction. Other specific examples include the crosswalks near the ferry landing,
and the parkinglright turn lanes at 8th and Peabody.
Policy section, New number to be added
t:ro4/ A-
5. The City will insure that Dedestrian routes are maintained in mf'safe an accessible
manner for all durina construction of any kind - roadwav. sidewalk or building. The
City will also insure that no obstruction of oedestrian ways will be allowed by signage.
parking. or other barriers not specifical1y placed to route or reroute pedestrian travel for
their safety.
A comment on the current design standards. We feel that some flexibility needs to be
built into the current standards now in use to anow bike lanes or bike routes to be
marked or signed on parts of our major streets which are a little undersized for the
current standards now in use. We understand that a review of this issue is underway.
We support such a review and are willing to meet with any of the -City staff involved.
Future Goals of the Non Motorized Advisory Committee include a fev1ew of the poHcies
andfong range goals of the Parks and -Recreation Departr. lent. We would appreciate
notice of when Parks and Recreation undertakes a review cycle.
T4;>>~~
Gary Gieason
Chanman for 2001
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~ORTANGELES
WASHINGTON
U.S. A.
UTILITY ADVISORY COMMITTEE MEMO
DATE:
June 11,2001
To:
UTILITY ADVISORY COMMITTEE
Brad Collins, Community Development Director ~
CPA 01-01 Utility Extension Policy Change
FROM:
RE:
Summary: After a year of discussion the City Administration has proposed and the Planning
Commission has recommended that the longstanding Comprehensive Plan policy prohibiting the
extension of City services outside the City limits without annexation be reversed. The primary
reasons for this policy change are related to the lack of success the current policy has had on
effecting new development. While the extension of utility services into the UGA will be at the
discretion of the City, it will not be without conditions that are imposed administratively to
protect the City. For example, the users will be charged a 50% surcharge for utility usage outside
the City. In addition, the user will be required to sign a no-protest agreement for future
annexation and local improvement district (LID) proposals within prescribed legal time lines.
The end result is that services will be made available for those in need and for those areas that
benefit from the City's efforts to extend services. By providing such services under these
conditions, there is no disincentive to future annexation; and, in fact, there is a financial incentive
to reduce utility charges once annexed into the City.
Recommendation: The Department of Community Development recommends that the
Utility Advisory Committee forward a recommendation of approval similar to the Planning
Commission to change Utilities and Public Services Element Policy D.3 in the City's
Comprehensive Plan to allow for the extension of urban services by the City, at its sole
discretion, to the urban growth area without prior annexation.
Backz=round / Analysis:
After a year of discussion the City Administration has proposed and the Planning
Commission has recommended that the longstanding Comprehensive Plan policy prohibiting the
extension of City services outside the City limits without annexation be reversed. The primary
reasons for this policy change are related to the lack of success the current policy has had on
effecting new development. First, the City of Port Angeles has not experienced much annexation
since the policy was first adopted in the late 1970's. Second, new development has been taking
place outside the City limits without the necessary urban services, resulting in a growing burden
on subsequent development or the City as a whole to pay for the infrastructure for existing
development. Third, the City has not planned for capital facilities in the areas outside the City
327
Utility Advisory Committee Memo
Comprehensive Plan Utility Extension Policy
Page 2
limits but within the urban growth area, even though under the Growth Management Act the City
will ultimately become responsible for providing services in the UGA. Finally, it has become
impossible to tell whether annexation is a hurdle for providing urban services to new
development taking place in the UGA or the provision of urban services to new development
taking place in the UGA could discourage annexation from occurring.
Both the City and the County land use planners are frustrated in their review of new
development applications with the seemingly Catch-22 requirement that urban services be
delivered concurrent with the development and that urban services cannot be delivered by the
City, who is the ultimate, if not primary, provider of such services as water supply. Another
factor in this policy change relates to the Growth Management Act, which in 1990 altered the
land development process inside and outside urban growth areas, making annexation and service
delivery somewhat inevitable.
The Planning Commission was not in total agreement about how the new policy allowing
service extensions outside the City without annexation should be worded. In particular, the verb
"should" could be interpreted to imply a duty on the part of the City to serve any and all new
development regardless of feasibility (distance and cost). "Should" is defined in the
Comprehensive Plan to indicate that the City has discretion as oppose to "shall" which is also
defined to mean that the City does not have discretion. The staff and all but one of the Planning
Commissioners have agreed to use the policy verb "should" with the added language that it's "at
the sole discretion" of the City. "Should" was preferred over "may" to be consistent with other
Comp Plan policy language and because "should" implies a responsibility to provided services
but not an obligation to do so.
While the extension of utility services into the UGA will be at the discretion of the City,
it will not be without conditions that are imposed administratively to protect the City. For
example, the users will be charged a 50% surcharge for utility usage outside the City. In
addition, the user will be required to sign a no-protest agreement for future annexation and local
improvement district (LID) proposals within prescribed legal time lines. The end result is that
services will be made available for those in need and for those areas that benefit from the City's
efforts to extend services. By providing such services under these conditions, there is no
disincentive to future annexation; and, in fact, there is a financial incentive to reduce utility
charges once annexed into the City.
The Clallam County Community Development Director Bob Martin and Planning
Director Andy Meyer have the support of the County Commissioners in endorsing this City
policy change. Mr. Martin has long been a proponent of the City providing services to new
development in the UGA. The County's comment letter is attached to this memo.
Attachments: CPA 01-01 Draft Ordinance
Clallam County Comment Letter
G :\Planning\utilext.cpa
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'fD) E C IE lYre fR)
Ifl1 ...." m ~
COMMUNITY OEVELOP~.;,.,.,,~
STATE OF WASHINGTON
OFFICE OF COMMUNITY DEVELOPMENT
906 Columbia St SW · PO Box 48350 · Olympia, Washington 98504-8350 . (360) 725-2800
Local Government Division - Growth Management Program
Fax Cover Sheet
DATI!::
June 11,2001
TIME: 1:15p.rn.
TO:
Brad Collins. Planning Director, City of Port Angeles
PHONE:
.FAX: 360-417-4711
FROM:
Michael Nowak, Regional Planner
PItONE:
360.725-3068
FAX: 360.753-2950
e-Mail:
michacln@cted.wa.gov
RE:
oeD's draft comments on Port Angeles' d.'aft 2001 comp plan
amendments.
Number of pages iltcluding ClIver sheet: 7
329
JUN~11-2001 MON 12:58 PM CTED LOCAL GOVT
FAX NO. 360 753 2590
p, 02
DRAFT
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June 7, 2001
The H onocable Larry Doyle
Mayor, Citr. ofTJort Angeles
321 Hast 5l'
Post Office Box 1 t 50
Port Angeles, Washington 98362
DcaI' Mayor Doyle:
Thank you for sending the Office of Community Development your draft 2001 comprehensive
plan LlIncndmenls for the Cily of Port Angeles. We appreciate the signil1cant time, energy, and
rcso\lrce~ this document represents. We received your transmittal on April 26, 2001. We have
the following comments on your dmfl amendments.
We especially like the following:
.
Amendment #3 - Transportation Element
The proposed amendment indicates that the city shall coordinatc with the Washington Stale
Department of Transportation. in addition to the Peninsula Regional Transportation Planning
Orgnni7ulion planning efforts, to meet the requiremcnts of HOllse Bill 1487 (HB 1487). The city
recognizes the ferry landings within ils jurisdiction as transportation facilities of state-wide
significance as defined under HB 1487.
Amendment #5 - Conservation J1:lement
We commend the city [or proposing policy that assures Port Angeles' continued participation in
watershed planning and salmon recovery efforts. Additionally, the policy states the city will
adopt ".. .appropriate measures for the protection of habitat for listed or threatened species under
the federal Endangered Species Acl when providing public services..." We encourage adoption
of this amendment.
Amendment #6 Transportation Element
We apprecia1e 1ha1 the text should is replaced with shall regarding policics under Goal B of this'
clement, whieh rc1(ltes to improving circulation patlerns throughout the city. For example, .
Policy 15 now reads road improvements shall provide for alternate modes of transportation.
330
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'FAX NO. 360 753 2590
The llonun\ble Larry Doyle
June 7, 2001
Pllge 2
DRAFT
Additionally, parking requirements shall make allowances for shared parking facilities (Policy
16).
We have the rollowing recommendation for strengthening your comprehensi vc plan:
Amendment #4 - Utilities and Public Services Element
The proposed amendment challges the wording from" the City should not extend urban services
outside the City wilhout annexation" to ,. the City may extend urban services Olltside the City
without annexation". We recommend keeping the original wording. Urban growth areas
ndjnccnt to cities that are needed to accommodate the city's twenty-year population allocation
that will eventually be servcd urban services provided by the city should be developed at urban
uensitics and should become part of cities through annexation. Requiring the properlie.o; that nre
receiving urban services from the city to annex to the city when they arc contiguous is a llseful
tool to help make annexations occur.
RCW 3G.70A.l to (3) also directs that growth within urban growth areas should be phased by
requiring lhaturban growth occur first in areas where adequate facilities and services already
exist and second ill areas where they already exist or can be provided. It is unclear how adding
1he underlined language in the proposed policy, "Public facilities should be equitably distributed
ncross the City's planning areas including Urban Growth Areas", would help facilitate this. To
ensure that growth occurs in an orderly manner, your Utilities and Public Services Element could
also he strengthened by adopting criteria that provide guidelines for the eity for how amI under
what conditions the city will cxtend utilities. Additional policies could be included that require:
(1) the cxtcnsion of urban utilities be dependent on the utility systems capacity to serve urbnll
levels of development; (2) the city apply a level of service (LOS) standards consistently
thro ughout the service area; and (3) the utility extensions to be cost effecti ve and effici ent.
We also recommend that, ifurban services arc to be extended outside of city limits and outside
urban growth areas, that a policy include the statutory limitation in RCW 3G.70A. 110(4). This
provision of the Growth Management Al;t slates, "it is not appropriate that mban govemmental
~crvjces be extended or expanded to roral areas except in those limited circumstances shown to
be necessary to protect basic public health and safety and the environment and when such
services arc financially supportable at rural densities and do not pemlit urban development"
We have attached some sample policy language from another jurisdiction for your consideration.
Thank YOll for thc opportunity to comment on your draft amendments. Congratulations to you
<.1nd your staff for the good work your draft comprehensive amendments embody. If you have
:lilY questions or concerns about our comments or any other growth management issues, please
call me at (360) 725-3068. We extend our continued support to the City of Port. Angeles in
achieving lh~ goals of growth management.
331
332
JUN-11-2001 NON 12:59 PN CTED LOCAL GOVT
FAX NO. 360 753 2590
The J lononlblc Larry Doyle
JUIlC 7, 2001
Page 3
Sincerely,
Michael 1. Nowak
Regional Planner
Growth Man<lgcment Program
MN:
Enclosure
cc: Brad CoJlins, Planning Director, Port Angeles
Andy Meyer, Planning Dlrector, Clallam County
p, 04
DRAFT
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CTED LOCAC' GOVT ,>~;
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U T' LIT IE S
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Introduction
A5 Redl110nd contjnues to grow, either through
aon\:!xat.ion or more concentrated development, the
Comprehensive Plan proposes to encourage growth in
designated areas as a way to achieve the C~ty's Iu~re
vision of a cOHnllunily composed of aUra<...1:ive reSIden-
tial, commercial and industrial neighborhoods that
exist in balance with the natural environment.
.
TIle City Center and Overlake neighborhoods are
examples of two areas lClr~eled for <..."()ncentrated devel-
opment a.nd growth under the Redmond Comprehen-
sive Pla.n. A~ such growth occurs, utility infrastruclure
must be provided. It is the intent of the Utilities Cha~
ter to ensure adequate provision of utilities within
1l1CSC areas as wen as others within the City. 'lbe Utili-
ties policies will work with the Land Use and Capital
Fadlitic!; Chapt.ers to ensure that facilities are <\vail-
able and funded for the proposed land uses. It also is
important to provide those utilities in an economical
fashioIl. Polides in this chapler are meant to promote
the provision of affordable utilities.
In adclition~ changing environmen~\l regulations arc
plating inereased demands upon utilities. For instance,
stormwatcr management must meet increasingly strict
stalldardsJor water quality prior lo release into natural
syslems. 'fbe Utilities policies, together with those
proposed by the Nalunll Environment ~haptcr, will .
work tl) protect the quality of Rcdmond s natural envI-
ronment. WaLer regulation has been changing as new
in1ormation is discovered about the effects of chemi-
cals in the water supply. Policies in this chapler are
meanlto admowledge and Hccommodatefuture re~-
latory chan~t's.
During.tl~c lifetime of this Comprehensive Plan, there
will be change:; in the way some utilities are provided.
111is chapter is intended to address the potential for
change in provision of lllililie~ in an effort to acknowl-
edge and accommodate fulure changes. JU5t as the
advent of electricity and telephones dramatically
changed the way we live. technological changes will
alter llac way R0c1mond ciHzens will live through bwsic
chan~(~s ill the nature of some utilitie~. Telecommuni-
catioll!'> is a prime example. As that industry changes,
it is j/llporlantlo ensure Ihat Redmond citizens con-
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'J"f~';;i:FAX NO. 360 753 2590
P. 05
tinuc La have access 1.0 the basic commu,nicalion ser.
vices they now re<...-eive. Similarly, it is irriportant for
Redmond businesses to keep up with technological
changes ill telecommunications in order to stay com-
peLiLiv~. AnoLher example is the possjbility ~~ changes
in the future provision of water. Redmond cItizens may
need 10 adopl regional approaches 10 maintainins.r a
source of water or increase conservation efforts.
TIle pur)lOSe of Ule policies provided in lhili chapter is
to:
. Provide an inventory of present facilities lo assist
in planning for future needs.
. Set policy directions that will guide the timing
and placement of capital improvements.
. Provide criteria for the design and siting of farili-
ties in order to develop reasonable standards for
boLh residenls and developers.
. Protect the environmeJll by minimizing disru~
tion of the natural and built environment when
placing utilities.
. Encourage provision of utilities in an economical
fashion.
. Tie the development and provision of utilities lO
land use policies and plans.
In short, these policies are intended to maintain a qual-
ily oflife for Redmond residents and busincsses where
utilities will be accessible, affordable and provided
without unnecessary harm to the environmcnl
(Ord. 184'1)
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I<ETlMONll
COMPREIlENSIVE PtAN
113
JUN-11-2001 MON 01:00 PM CTED LOCAL GOVT
Planning Context
Redmond lms both public and private utilities provid.
ing sr.rvice to the community. The water, sewer and
sLormwater utilities arc provided by the City of Red-
mond. A private company. under a State franchise
agreemer1t~ handles solid waste removal and the City
conlracLs with a private company for recycling service.
Electricity. natural g'as and telecommunications are
provided by ()rivale. investor-owned utilities.
The Growth Management Act (RCW 36.70A070(4))
requires an inventory of utiliLy faciliLies that consists of
lIthe general location, proposed location and capacity
of all existing- and proposed utilities, including, but not
lirnilecllo electrical lines, telecommunication lines and
natural ,gas lines,~ Also, cerLt'.in state and federal laws
require Ulat issues such as water quality and recycling
efforts must be addressed.
'lbe Counlywide Planning Policies (required under
J~CW 36.70A210) address a wide range of utility issues
related to sewer, water and environment.'ll health.
Olher regional or state bodies. such as the East King
Counly Regional WaLer Association, METRO. Wash-
ington State Departmenls of Heallh and Ecology, have
developed policies regarding water, sewer, slormwaler
and !';olid waste. Some federal agencies, such as the
Environmental Protection Agency, also have additional
policies.
'lbc private ulililies are governed by another set of
laws and agencies, such as the Federal Communica-
tions COlmilission and the Washington Utilities and
Transportation Commission.
Will.in Lhis framework of existing laws and policies,
Redmond has developed a set of policies to fit the local
Ilccrls and desires of its ciLizens while acknowledging
those oULside policies and laws that also govern utility
prOVISIon.
(Ord. 1847)
FAX NO, 360 753 2590
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UTI liT I E S
Utility 1 Policies
.
A. General Utility Policies
Adequacy and Phasing of ("lty faalties
The provision of utilities is an important factol' con-
sidered by developers when decidin!, where or
whether to build. Thus, land use dcci$ions and utiliLy
policies can work to~ether to help achieve Redmond's
future vision by directing p;rowth to those locations
chosen by citizens for development TIlis is particu-
larly true for water and sewer utHitiel:i, since Uley are
publicly held.
Generally this lan9~s~~lity link includes providing
service onlywilhin;GitYlJ.>oundaries and requiring
annexation upon prC?v,j!!~~n of such services beyond the
boundary. In some c.a~~,"City services will be allowed
outside the City linlits,!,Q,address health and safety
is!:iUes, to serve areas within the Redmond senice ar.
or to sel-ve areas wiLhin the annexation area prior Lo
annexation. For areaS which lie within the City's identi-
fied potential annexation area, the requirement to
meet City standards will maintain the integrity of the
entire system and prevenl future costly upgrades,
Likewise, if service'is extended Lo rurClllands, the
pressure to develop those areas can be prevellted by
waiving requirements to meet SOme CiLy standards.
,
TIle Growth Management AcL requires consisLency
between capital facilities plannin~ and the land use
plan. One of Lhe goals of the Act is to ensure that pub-
lic facilities, such as water and sewer, arc adequaLe Lo
serve a development at the time iL is available tor occu-
pancy without decreasing current service levels below
locally established standards.
UT-I Ensure that adequate public faciliuetl are
in place, consistent with !he patterns and
phasing of growth d(~scribed in the
Annexation and Land Use Chapters,
UT-2 na~e the extension and sizin~ of pu blic
facilitieS upon the land use plan. In thm.e
C.aSCI; where engineering standards arc .a
('xc(.'S~ of the requirements for the im~
33411
Rr.OMOND COMPREHENSIVE PLAN
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JUN-1l-200 1 MON 01: 00 PM CTED Ld~Ar~w'GoVT'!r1;;';;'?"~,,~;~i~l'i!'WFAX NO. 360 753 2590
UTI liT I E S
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di,tIC development but are fl.>quired to
lJleet estab1i9h~ levels of service for
proposl~ Ul:iCS and future needs, the
l'.Xcess c.apncity shall not be a reason to
allow growth out of E!equenee with the
land use plan.
UT-3 City.provided urban utilities shall not be
t'xtendcd to rural area~ oUlo;;ide the
urban growth boundary except to meet
State Department of lIealth or other
aI)I)licablc health, safety and welfare
codes. Suell exten!;ions shall be designed
to rural 5'tand;lrds and requirements to
meel other urban city development stan-
dards such as street widening, side-
wcdks, or street lighting shall be waived.
.
UT-4 City-provided utilities sbould be pro-
vidcd within their service area consist.ent
with adopted policies, including die
Growth I'ha.~ing Plan in the Annexation
Chapter. Where outside the City but
within the annexatiOn a~s, service .
extensions should be provided when dIe
arCa annexes;or~ if annexation is not pos-
sible at that time, be conditioned upon
an annex8tiori;~1'feement and compli.
anc~ with applicable City development
standards.
Economic Considerations
In order to balance capital expenditures with revenues
and slill maintain established levels of service, new
development will have to pay for the portion of facility
improvernent!i rdated to its level of demand on the sys-
tem. The combining of development money with City
funds allows for a more equitable distribution of costs
aud helps to keep utility rates lower.
.
'nlere tire cases where one development occurs prior
to another and is oat adjacent to existing inIrasLruc-
t.urc.111e new devdopment may extend transmission
pipes ael'oss the frontAge of non-developed properUe!;
and im.1.1r the cost of that extension in order to develop
their parcel. Reimbursable agreement') have been a
melhod that Redmond has used to employ equitable
cust sbaring for development CMitS. lllese provide for
a rdmburscmcnt to the original developer of cosLs
assodated with thaL purtiun of the line that is later
ltficcI by flnotht'r development. This is onc way of main-
lail1in~ the concepl of fair share finandnR.
P. 07
~(_~c
In limited cases, public utilitiel\ may be extended out-
side the City boundary. However, it costs more t.o pro~
vide long.term, low-density service. Public ulililies
presently fund improvemcnts from revenut's. If in the
future general taxes where to be used to fund infra-
stl"ucture. properties outside the City would benefit
from the infrastructure without payinp: those !axes to
fund iL Equity can be established through a diIlcrcn-
ljal rat.e structure or differential connection fees to
ensure that City residenL.. arc not subsiuizing the
extension of services outside City boundaries,
Right-of-way acquisition and installation offacilitics arc
{actors in the eventual cost of utilities, Coordination of
facility planning can reduce those costs several ways.
For instance, if uHlities are nOlified of roadway con-
struction and repairs, they may be able to place or
upg,c:\de lines or pipes at the same time. Or several util-
ities may be able to use the same \rench. IUj!ht-of-way
acquisition cost could be shared where slIch right-o{.
way would serve joint uses, such as recreational trail
use.
Timely permitling and reasonable development and
mitigation requiremcnt~ affect uliljljes' ability to
develop facilities at lower costs, which affects t'Vcnluat
cost of utility provision.
ur-s New development sha1l pay for its share
of infrastructure needed by tllat develop-
ment. The City will provide appropriate
means to employ equitable cost sharing
UT-6
Rat.es and c~nnection fces for utility ser-
vice outside City limits should reflect. the
full cost of previding service and a.catc
equity in financ:in~ of capite",' {aci1itil~s.
Uf-1
Co-locate public and private utilities ill
shared trenches OT utilit.y corridor~, l)ro.
vidcd that such joint use is consistent
with limitations as may be I}Te~cribed by
.spplic.ablc law and safety considerations.
UT-8
Coordinate fadlity pJannin~ so that utili-
ties may locate in transportaticm corri-
dor" and dediC'..\tcd right-or.way.
UH
Provide timely notice to utilitil'M when
the construction or repair of existinJ.t and
new roadways is anticipated.
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REDMUND
CUM I' It I:: HEN S I v i'; l' LAN
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Provide timely and rcasonnblc permii~ w:
ling to utilities that balances the need:f~!;
provision of utilities at a reasonable '?9,~1
with the need to protect the enyjron~~~~.
;'~'<-"s.~,
Approve utility facilities or infrastruc~\~~;
lure necessary for a given developm~ti'i
togetbcr with the site plan approval.:,hk
UT-12 Encoura~c joint use of utilit.y corridor~ '
for recreational fac..ilities. .
UT-11
Environmental Considerations
l~cdmond contains many natural features, such as fish
spawning- creeks, open space and forested areas. ~i1H-
mi1.ing utility intrusion into lhese area~ is a means of .
proLecling these important assets. Utility corridor~:' ,
often nred to be free of vegetation for maintenance
pUfT)oses. If utilitles were allowed to build inwet1aiid~,
periodic maintenance could require inLrusion intose!l~
sHive areas and disrupt wildlife during critical repr'!r
ductivc period~. Similarly, sewa~e or slormwater lines
(,':111 overflow or break. and therefore should be .
designed lo minimize the chance of Ulese events 19
prevent danger LO human health, killing of or disrup:-
tion 1.0 wildlife and other environmental hazards.'
To maintain C\ quality environment, aesthetics are al!'9
import.ant. Placing utilities underground pceventsthe
need to prune trees and shrubs, which c.an be detri- '.
1llcnl:.'l1 to the plant and often result in oddly shapeq ,
plants. Placing utilities underground also reducesinci-
dcncc of power and telecommunications loss during
such events as storms and auto accidents involving
utility poles. Above-ground facilities can be properly
~crccl\cd or desi~ed to be compatible with or 1.0
enhance an area. Examples include vegetative screen-
ing that surrounds neighborhood substation fences 9r
exemplary designs such as the METRO York pump
slClLion at Willows and NE 1::!4lh Street
UT-13 Design, locate and construct facilities to
rc.~asonahly minimizc significant, individ,
ual and cumulative adverse impact., t(>
the environment. and to protect environ-,
mentally sensitive areas. This should .
include actions 8u(~h as:
.
Locate sewer lines and use construe-
lit.m methods and materials to pr~- ,
venl or minimize the risk of spillage
into W.llt.ercoursl~s and waler bodies.
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FAX NO. 360 753 2590
P. 08
UTI LIT I E 5
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l..ocate utiUty corridors in wdsting .
cleared aress.
.
locate utility facilitie" and t..-orridon;
outside of wetlands.
.
Minimize croMAing.o;; o( fish-bearinu
wat.er courses.
. Use bio-~tabiliTation, riI)-rap or other
engineering techniques to prevent
erosion where Jines may need to fol-
low sleep slopes.
. Minimize corridor width.
UT.14 Require undergrounding of nil n(!w utility
distribution Hnes in all caReS, except.
where undergrounding would ~tusc
greater cnvironmenlal harm than mlcl'oa-
lives or where tbe Washington Utilities
and Tran8pOrtation Commission tarirr
structure is not consistent with tbis pol-
icy.
UH S Encourage the undergrounding of exist-
ing utility wires by such mc.IDs as: .
. Require undcrlUounding of utility
distribution lines or the provision for
undergrounding as a condition for
redevelopment project..c;.
. Require undergrounding of utility
distribution lines or the provi~ioll Cor
undergrounding a.... road, proj<:>ct.q
occur.
. Fund undcrgr-ounding tbrough a cap-
ital improvement program or through
formation of a local improvement dis-
trict.
UT-16 Require re3BonabJe scre(~ning or an~hi.
teclural1y compatible design o( above-
~ound facilities.
II
336
REDMOND
P I. ^ N
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CUMPREHENSIVE
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p<lRTAN.".:LES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
CITY MANAGER'S CALENDAR / REPORT
June 18, 2001
City Council Meeting Monday, June 18 6:00 p.m.
2001 AWC Annual Conference - Bellevue Tues - Fri. - June 19-22 Out of Office
Parks, Recreation & Beautification Commission Meeting Thursday, June 21 7:00 p.rn.
Downtown Forward Executive Committee Meeting Monday, June 25 7:00 a.m.
Real Estate Meeting (if needed) Tuesday, June 26 5:00 p.m.
Planning Commission Meeting Wednesday, June 27 7:00 p.rn.
.
City Council Meeting Tuesday, July 3 6:00 p.m.
Holiday Wednesday, July 4 Closed
Gateway Committee Meeting (confirmed) Thursday, July 5 8:15 a.m.
Utility Advisory Committee Meeting Monday, July 9 3 :00 p.rn.
Planning Commission Meeting Wednesday, July 11 7:00 p.rn.
City Council Meeting Monday, July 17 6:00 p.m.
Parks, Recreation & Beautification Commission Meeting - Thursday, July 19 7:00 p.m.
postponed
Downtown Forward Executive Committee Meeting Monday, July 16 7:00 am.
Planning Commission Meeting Wednesday, July 25 7:00 p.m.
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To:
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SUBJECT:
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WASHINGTON, U.S.A.
CITY COUNCIL MEMO
June 18,2001
MIKE QUINN, CITY MANAGER
Glenn A. Cutler, Director of Public Works and Utilities
Conservation Program Summary of Offerings
On June 1,2001, Staff began to offer new Bonneville Power Administration conservation
programs to Port Angeles utility customers. The new programs were not anticipated to be
developed and available until October of this year. Program announcements were advertised in
the local newspaper on Sunday, June 10,2001. In an effort to minimize the administrative cost
of the new programs, the City is no longer providing free energy audits, and customers are
instructed to call an information request line (417-4713) or a City Authorized Contractor or visit
the City's conservation web pages (www.ci.port-angeles.wa.us) to obtain more information. A
summary of the new programs is presented below.
Compact Fluorescent Lamps Purchase information and rebate coupons are being inserted into
June utility bills to encourage customers to buy qualifying lamps. Special utility bill envelopes
state "$$$ Saving Coupons Inside $$$" to improve the likelihood that customers notice the
insert. Newspaper advertisements will also alert customers to look for the coupons in their June
utility bill. The coupon expiration date was revised from July 31 st to August 31 st to allow
customers more time to redeem coupons. Participating retailers include: Thurman Supply;
Hartnagel Building Supply; Swains; Angeles Millwork and Lumber; and Sunset Wire Rope/Do It
Best Hardware.
Conservation Awareness Customer communications and advice on energy and water
conservation have been developed. Information will be displayed at City Hall and inserted in
future utility bills.
EnergylW ater Conservation Residential customers can pick up energy/water saving devices
(toilet tank banks, shower heads, faucet aerators, and outlet/switch plate gaskets) from City Hall.
Residential customers can also obtain rebates for qualifying appliances (clothes washers-$120,
dishwashers-$20 and water heaters-$40) and qualifying lighting products (lamps-$6, fixtures-
$30). Local appliance and lighting retailers have received information about the new rebates.
Building Improvements Includes rebates for residential customers for building improvements
including heat pumps, windows and insulation. Business customer building improvements
include lighting modifications and replacements. Customers obtain bids from City Authorized
Contractors on qualifying improvements. A total of 16 local contractors have signed the City
Authorized Contractor Agreement in support of this effort. Over 60 customers have inquired and
received information about this new program since June 1 st.
VendingMi$er This turnkey program provides a special control of cool beverage vending
machines (non-perishable). Equipped with a VendingMi$er, a vending machine is powered up
when anyone approaches and powered down when the area is vacant. All VendingMi$er units
will be installed by a BP A subcontractor.
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FORTANG~LES
WAS H I N G TON, U. S. A.
C I TV C O.U N elL ME M 0
DATE:
June 18,2001
..
To:
MICHAEL QUINN, CITY MANAGE~
FROM:
Glenn A. Cutler, Director of Public Works and Utilities
SUBJECT:
Water Quality Report (2000)
Summary: The United States Environmental Protection Agency requires that every water system
purveyor provide an annual Water Quality Report to its customers. The report is to contain
information on the potential contaminants present in the water that customers receive. The attached
Water Quality Report for the Port Angeles Water Supply has been prepared for distribution to the
City's water customers. The Utility Advisory Committee reviewed the report at their June 11 th
meeting.
Back2round / Analysis: In 1996 Congress passed amendments to the Safe Drinking Water Act
that included a mandate for the Environmental Protection Agency (EPA) to require community
water systems to provide each of its customers with a "Consumer Confidence Report (CCR)"
every twelve months. Last year's report, using 1999 data, was delivered to all City of Port
Angeles water customers in the Port Angeles Times, Summer Edition 2000, and a pubic
information announcement was placed in the newspaper on June 22, 2000.
The attached Water Quality Report is based on calendar year 2000 data and has been developed
in accordance with the EP A CCR regulations. The regulations require information on the quality
of the water delivered by the system and characterization of any risks from exposure to any
contaminants in the drinking water in an accurate and understandable manner. The report is
intended to communicate to customers the quality of their water in terms they can understand.
Many of the topics covered are required and some of the language used is mandatory. The City
is also required to provide information to wholesale customers by Aprill st. Testing information
was forwarded to the Clallam County Public Utility District in March 200 I.
Attachment: Water Quality Report
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~ORTANGELES
WAS H I N G TON, U. S. A.
PUBLIC WORKS 8: UTILITIES DEPARTMENT
Water Quality Report - 2000 Data
(As required by USEPA)
ear Water Customer:
City of Port Angeles is pleased to provide you with our annual Water Quality Report. The purpose of
report is to tell our customers about the high quality of their water and their water system. We
safeguard our Elwha River and well supplies, which enables us to always provide our customers
a reliable and safe water supply. This report is a summary of the quality of water provided in 2000. It is
record reflecting the hard work by our employees to bring you water that satisfies all of the requirements of
Safe Drinking Water Act The report includes details about where your water comes from, its quality and
. it compares to stringent standards set by regulatory agencies. We believe that customers who are well
'~'.informed are able to make better decisions about their drinking water supply.
WATER SYSTEM INFORMATION
:.Source of the City's Water: The source for.the City of Port Angeles Water System is a Ranney Collector
(well) located on the east bank of the Elwha River at mile post 1.9 in Section 3, T 30 N, R 7 W.
The system identification number is 68550M.
. The river flows northward from the high peaks of the Olympic Mountains in the heart of the Olympic
Peninsula to the Strait of Juan de Fuca. The source of the river and most of the land through which it flows is
contained within the boundaries of the Olympic National Park.
.
In April, 2000, the City received notice from the Washington Department of Health that the Ranney collector
has been classified as groundwater under the influence (GWI) of surface water. This designation requires the
City to meet the requirements of the Surface Water Treatment Rule (SWTR). The City evaluated regulatory
compliance options available under the SWTR including filtration and complying with criteria to avoid
filtration. The City and the Washington State Department of Health (DOH) are negotiating an agreement that
could effectively meet the filtration avoidance requirement and thus avoid the high cost of filtration. A
Bilateral Compliance Agreement between the City and DOH Docket #00-02-01, details the regulation
compliance requirements and is available upon request
Water from the Ranney Collector is tested following the guidelines established by the Washington State
Department of Health to detect potential contaminants that could reasonably be expected to be found in
. drinking water. As water travels over the surface of the land or through the ground, it dissolves naturally
. occurring minerals and, in some cases radioactive material, and can pick up substances resulting from the
presence of animals or from human activity. Because most of the land through which the Elwha River flows
is inside the Olympic National Park, there is limited opportunity for human contamination of the water.
Contaminants that might be expected in untreated water include: biological contaminants, such as viruses and
bacteria; inorganic contaminants, such as salts and metals; pesticides and herbicides; organic chemicals from
industrial or petroleum use, and radioactive materials.
.
321 EAST FIFTH STREET · P. O. BOX 11 SO · PORT ANGELES, WA 98362-0217
PHONE: 360-417-4805. FAX: 360-417-4542. TTY: 360-417-4645
E-MAIL: PUBWORKS@CI.PORT-ANGELES.WA.US
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In order to ensure that tap water is safe~~..~rink, the Envir~~~~tal Protection Agency (EP A) prescribes
regulations which limit the amount of ceitaihcontaminahts In water provided to the public water systems.
Food and Drug Administration (FDA) regulations establish limits for contaminants in bottled water which
must provide the same protection for public health.
WATER QUALITY TESTING OCCURS DAILY BY CERTIFIED PERSONNEL
Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of
some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk.
More information about contaminants and potential health effects can be obtained by calling the
Environmental Protection Agency's Safe Drinking Water Hotline (800-426-4791).
Some people may be more vulnerable to contaminants in drinking water than the general population.
Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who have
undergone organ transplants, people with HIVI AIDS or other immune system disorders, some elderly, and
infants can be particularly at risk from infections. These people should seek advice about drinking water from
their health care providers. EP NCDC guidelines on appropriate means to lessen the risk of infection by
cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline 800-
426-4791.
Disinfection in the City's water supply is accomplished by dosing the water with chlorine at the Ranney
Collector on the Elwha River and at the City's five reservoirs. The chlorine concentration is monitored daily
and is maintained at a minimum of 0.1 0 mg/l throughout the system. In the year 2000, city water quality
personnel collected over 300 water samples through-out the water distribution system.
Two of the samples where tested positive for coliform presence. Mandatory repeat sampling were negative.
All repeat samples were tested for coliform presence, fecal coliform and E. coli. No further action is required.
The City receives a number of calls each year about Fluoridation. The City does not induce fluoride into the
public water system. Fluoride is a natural substance found in varying degrees in almost all water supply.
Fluoride was not detected in this years sampling.
MONITORING WAIVERS:
The City has been granted by the Department of Health a waiver through December 2001, for the sampling of
synthetic organic chemicals( herbicides, general pesticides). Previous background test results indicated that
this substance does not occur in this source.
TABLE OF CONTAMINANTS
FOUND IN SOURCE WATER
CONTAMINANT Detected Compliance Level Action SOURCE
Level
None detected
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MONITORING FOR NON-HEALTH
RELATED COMPOUNDS .
INORGANICS Detected Compliance Level MCL SOURCE
MCLG
Conductivity 95 not set 700 a
(umbos/em)
Hardness (mgll)* 42 not set not set b
Magnesium 1.6 not set not set c
(mgll)*
Calcium (mgll)* 14 not set not set
*testing is required, no state action level
Table Notes:
a. MHOS instrument to measure ION changes in water
b. Measure of materials shown above
c. Occurs in surface water. Used to measure hardness of water
Calcium and magnesium are naturally occurring minerals in groundwater. These minerals are measured to
determine water hardness. Hardness interferes with the sudsing of soap. The scale of hardness is: 0-75 mg/l =
soft; 76-150 mg/l = moderately hard; 151-300 mg/l = hard. [A WW A standard]
DEFINITIONS:
Action level [AL] The concentration of a contaminant which, if exceeded, triggers a treatment or other
requirement which a water system must follow.
.
Maximum Contaminant Level [MCL] The highest level of a contaminant that is allowed in drinking water.
MCLs are set close to the MCLGs as feasible using the best available treatment technology. The contaminant
is measured in milligrams per liter (mg/L).
Maximum Contaminant Level Goal [MCLG] The level of a contaminant in drinking water below which
there is no known or expected risk to health. MCLGs allow for a margin of safety. The contaminant is
measured in milligrams per liter (mg/L).
Milligrams per liter [mg/l]or parts per million [ppm] Metric measurement of concentration ofa
contaminant or material. [one part per million and one mg/l = 1 penny in 10,000 dollars]
Micro mhos per centimeter [umhos/cm] Measure of ions in water.
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WATER CONSERVATION TIPS
Water conservation measures are an impO&ht first step inptOtecting our water supply. Such measures not
only save the supply of our water, but can also cut the cost of water treatment. Here are a few suggestions:
Conservation measures yoo can use inside your home:
IlF Fix leaking faucets, pipes, toilets, etc.
IlF Install water saving devices in faucets, toilets and appliances. Replace old fixtures with new ones. This
will reduce water consumption by nearly one-half.
IlF Wash only full loads oflaundry.
IlF Do not use the toilet for trash disposal.
IlF Take shorter showers. Do not let the water run while shaving, washing, brushing teeth, or cleaning fruits
and vegetables.
IlF Soak dishes before washing. Run the dishwasher only when full.
You can conserve outdoors as well:
IlF Water the lawn and garden in the early morning or evening.
IlF Use mulch around plants and shrubs.
IlF Repair leaks in faucets and hoses. Use water-saving nozzles.
IlF Use water from a bucket to wash your car. Save the hose for rinsing.
For more information:
The City Council of the City of Port Angeles meets on the 1st and 3rd Tuesday of each month at City Hall, 321
E. 5th Street. Information about the City's utilities may be found on the web site: www.ci.port-angeles.wa.us.
If you have questions, the City of Port Angeles Water System Superintendent may be reached at 360-417-4855.
Report Date: June 1,2001
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RECEIVED
JUN 11 2001
Q,uarter{y reyort from PI'R.Jt.
:A.yri{ through June 2001
City of Port Angeles
'\.
5lyri{ was a very busy .montli making
yreyarations for the Sister City exchange
triy to Mutsu in May. We lieW severa{
meetings with City officiaCs that woufc( be
going. Photograylis were taken and sent to
Mutsu of a{{ yarticiyants.
~ couy{e of faxes were sent to Mutsu City
J-{a{{ regarding tlie triy. Severa{ {ong
distance ylione ca{Cs were made to J.D. Cook'
Trave{ 5lgency in Seatt{e, our tour guides.
'During ear{y May gifts were yurchased for
officia{s in Mutsu. One gift was an in{aid
wood y{aque of the City Symbo{ designed by
(junnarJ ohansen.
!
:A.rrangements were made witli tlie Senior
Center to yrovide a van to drive tlie City
yarticiyants to Sea-Taco Tlie triy was May
348
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8th to the 16th 2001. The City 'Particiyants
were:
Mayor Larry 'noyCe, wife {1ene{{e
City Manager Mike Quinn, wife Caro{yn
Chamber of Commerce,~ 'Russ 'Veenema,wife
'Robyn
City Counci{man, Orvi{{e Camybe{{
'PI'R.7t reyresentative, Cindy Sofie
There were 29 yeoy{e travefing in the grouy
13 Midd{e Schoof Students, 3 J{igh Schoof
Students and 4 Schoof Officia(s. 'The triy was
a success.
'PI'R.7t is now concentrating on the Summer
Institute, through 'Peninsu{a Co{{ege, that
wire take yl:ace at the end of Jury and the
beginning week of ..:A.ugust.
Reyort comyi{ed by
Cindy Sofie, PI'R.7t 'Vice President
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MINuTES
PLANNING COMMISSION
Port Aiigeles, wasliHlkton 98362
May 23, 2001
7 :00 p.m.
ROLLCALL
Members Present:
Bob Philpott, Fred Norton, Linda Nutter, Fred Hewins,
Chuck Schr.amm, Mary Craver, Rick Porter
Members Excused:
None
Staff Present:
Brad Collins, Debra Barnes, Jim Mahlum
Public Present:
Gary Gleason, EJ. Beckett
APPROVAL OF MINUTES
Commissioner Hewins moved to approve the April 25, 2001 minutes. Commissioner Norton
seconded the motion which passed unanimously. Commissioner Hewins moved to approve the May
9,2001 minutes. Commissioner Norton seconded the motion which passed unanimously
PUBLIC HEARING
Comprehensive Plan Amendment - CPA 01-01-Citr of Port Angeles: Proposed
amendments to the City's Comprehensive Plan that include updates to planning area names,
utility extensions outside of the City limits, habitat protection policies, and implementation
of recent changes to the Growth Management Act relating to the recognition and coordinated
planning of transportation facilities.
Planner Barnes provided the staff report. Clarification was made as to which attachment or exhibit
to reference. Director Collins suggested that an additional finding be made which reflects the City's
discretion in utilizing the word "should" in implementing the goals and policies of the
Comprehensive Plan. The public hearing was opened.
Gary Gleason, Chair, Nonmotorized Committee, 2211 East Seventh Street, provided a written
statement and also responded to several clarifying questions of the Commission.
E.J. Beckett, 421 East 12th Street, spoke in favor ofthe amendments proposed by the Nonmotorized
Committee, adding her hope that the City continues to promote nonmotorized transportation.
Being no other person wished to testify on the proposal, public hearing was closed.
Amendment #6. The Commission reviewed each of the 24 items in Amendment #6 in addition to
the one proposed as a part of the public testimony. Clarifying questions were asked to Mr. Gleason
and staff. Director Collins commented that the City is willing to work with the Nonmotorized
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Planning Commission Minutes
May 23. 2001
Page 2
Committee on some of their suggestions in the future. Discussion followed. The Commission .
agreed to several additional revisions, some rejections, and approvals of the recommended changes,
as follows:
Approval as proposed or amended:
~ Item (a) - Transportation Element General Comments; added objectives under Policy A.
~ Item (c) - Transportation Element Policy A2
~ Item (e) - Transportation Element Policy A4
~ Item (g) - Transportation Element Policy B 15
~ Item (i) - Transportation Element Objective B6a
~ Item (j) - Transportation Element Objective B6d.
~ Item (k) - Transportation Element Objective BIO.
~ Item (m) - Utilities and Public Services Element Policy C6.
~ Item (n) - Utilities and Public Services Element Policy D5.
~ Item (0) - Utilities and Public Services Element Policy D9.
~ Item (q) - Capital Facilities Element Policy A3.
~ Item (r) - Capital Facilities Element Policy A4.
~ Item (s) - Capital Facilities Element Policy A6.
Denial:
~
Item (b) - Transportation Element Policy AI.
Item (d) - Transportation Element Policy A3.
Item (f) - Transportation Element Policy B5.
Item (h) - Transportation Element Policy B 16.
Item (I) - Definitions.
Item (p) - Capital Facilities General Comments
Item (t) - Capital Facilities Policy A 7
Item (u) - Capital Facilities Policy A9
Item (v) - Capital Facilities Element Policy B2.
Item (w) - Utilities and Public Services Objective B 1
Item (x) - Utilities and Public Services Element Policy C2.
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Amendment #1. After a brief discussion, Director Collins recommended that the line distinguishing the
eastern portion of Port Angeles from the western portion should be Tumwater,not Valley Street, and then
suggested that Valley Creek be utilized instead. Commissioner Schramm agreed.
Amendment #2. After a brief discussion, the Commission provided clarification language to the use of the
word "areas" to mean comprehensive plan designations, not zoning or uses.
Amendment #3. After a brief discussion, Director Collins corrected the recommendation to include specifc
City street names consistent with the Peninsula Regional Transportation Plan.
Amendment #4. After a brief discussion, including the use of "should", "shall" and "may" the Commission
concluded that "should" was most appropriate and that inclusion of the words "at its sole discretion" would
help to clarify the city's responsibility, not obligation, for utility provision in the UGA.
Amendment #5. After a brief discussion, the Commission deleted the words "and leading" in the first line.
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Planning Commission Minutes
May 23. 2001
Page 3
Being no further discussion, Chair Nutter reviewed the dis::ussion held thus far on each of the amendments.
Commissioner Porter asked that Amendment #4 be revisited, adding his concern that the current phrasing
may lead to expectations by developers or property owners, and that the City's liability may increase asa
result.
Commissioner Hewins moved that the Commission forward a recommendation of approval to the City
Council on CPA 01-01, as amended, citing the 17 findings and 12 conclusions, as amended and listed below:
Commissioner Schramm seconded the motion which passed 6-1 with Commissioner Porter voting against.
Commissioner Porter stated his disagreement with Amendment #4 which may . lead to increased level of
expectations when using the word "should" and would open up the potential for litigation.
Findings and Conclusions regarding CPA 01-01:
Findings
1. Comprehensive Plan Amendment, CPA 01-01, was submitted prior to March 31, 200 1.CP A 01-01
includes six sets of amendments to various sections of the Port Angeles Comprehensive Plan. The
proposed amendments are shown in Exhibit 1 to the staff report. Amendments Number 1-5 are
proposed by City staff and have been altered since the original proposal as a result of further staff
analysis and discussion with the Planning Commission. Amendment Number 6 is proposed by the
ad hoc Nonmotorized Committee.
2.
In its deliberation, the Planning Commission reviewed the definitions of "should" and "shall" as
provided in the Comprehensive Plan and recognized that "should" is permissive, giving the City
discretion in its implementation of the adopted policies. The Planning Commission agreed that usirg
"should" instead of "may" in the proposed amendment No.4 to Utility and Public Services Policy
D3 does not imply a duty on the City to extend services, except as the City should choose to do so
at its sole discretion.
3. Amendment Number 1 proposes minor changes to the Community Profile Chapter of the
Comprehensive Plan in order to correct the current subarea planning names within the City limits in
addition to adding planning areas names for the Port Angeles Urban Growth Area. The changes
include adding three additional planning area names and descriptions to the text, as well asreflectirg
these changes in Figure 3 (map of planning areas).
4. Amendment Number 2 proposes additional clarification to the Commercial Goals and Policies of tk
Land Use Chapter of the Comprehensive Plan. Goal E, Policy 6 states that new ccmmercial "areas"
should not be designated along these routes. Clarification of whether "areas" implies "uses" or
"zones" should be made in this policy to improve its effectiveness.
5.
Amendment Number 3 proposes a change to Transportation Element Goal B, Policy 8, in order to
implement a recent change to RCW36.70A, Growth Management Act (House Bill 1487, 1998)
which requires recognition of essential public facilities, including state routes, in local
comprehensive plans, as well as a requirement to review potential impacts onto these facilities by
local land use designations. Within the City of Port Angeles, State Route 101 andl17 are considered
to be essential public facilities, along with connecting spurs to the ferry landings. Additionally, the
proposed amendment would allow for improved connection between the Comprehensive Plan and
other adopted capital facility-related plans by the additional sentence proposed for Goal B, Policy
19.
Planning Commission Minutes
May 23, 2001
Page 4
6.
Amendment Number 4 proposes changes to the Utilities and Public Services Element of the
Comprehensive Plan relating to the provision of public services and utilities outside of the existing
City limits but within the designated Urban Growth Area. The proposed addition to Goal A, Policy
1, references the equitable distribution of public facilities to include the UGA. Additionally, the
proposed amendment to Goal D, Policy 3, would change a long-standing policy of the City of Port
Angeles to not extend City utilities (as compared to services) outside the city limits, and allow for
this to occur depending on feasibility.
7. Amendment Number 5 proposes changes to the Conservation Element that would reiterate the City's
current practice of participation in, and support of , various watershed and salmon recovery efforts
some of which are directly linked to the recent Endangered Species Act listings of several salmonid
species that occur, or may occur, in streams or nearshore areas within the regulatory jurisdiction of
the City, as well a within its area of operations and maintenance.
8. Amendment Number 6 reflects a proposal by the City's Nonmotorized Committee who has requestw
several changes to the Comprehensive Plan.
9. CP AO 1-0 1 was reviewed for internal consistency with the Comprehensive Plan. The most relevant
policies include the Growth Management Chapter IV, particularly Goal A, Land Use Chapter V-
Goals A-E, Transportation Chapter VI- Goals A and B, Utilities and Public Services Chapter VII-
Goals A and D, and Capital Facilities Ch~pter X- Goal A.
10.
PAMC 18.04, Comprehensive Plan Implementation and Amendment, sets forth procedures for
annual amendment process which includes deadlines for applications, requirements for public
hearings, deadlines for decisions and criteria for applications and approvals of amendments.
Proposed amendments shall demonstrate: why existing provisions should not continue, consistency
with Growth Management Act goals and specific requirements, compliance with the county-wide
policies, compliance with Capital facilities and related plans, that it is in the public interest and
consistent with the public health, safety and welfare, and that cumulative effects have been
considered.
.11. The Public Works comments included revisions to Amendrrent Number 3 and objections to four of
the proposed changes in Amendment Number 6 relating to Transportation Element Policy B 15, and
Capital Facilities Element, General Comments, Policies A7 and A9, and ObjectiveBl [Items (g), (P),
(t), (u), (w)].
12. The Department of Community Development has the following recommendations for Amendment
Number 6:
Approval as proposed or amended:
.
Item (a) - Transportation Element General Comments; added objectives under Policy A.
Item (c) - Transportation Element Policy A2
Item (e) - Transportation Element Policy A4
Item (g) - Transportation Element Policy B15
Item (i) - Transportation Element Objective B6a
Item (j) - Transportation Element Objective B6d.
Item (k) - Transportation Element Objective BI0.
Item(m) - Utilities and Public Services Element Policy C6.
Item (n) - Utilities and Public Services Element Policy D5.
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Planning Commission Minutes
May 23, 2001
Page 5
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Item (0) - Utilities and Public.SerYil::~s Element~()Jicy D9.
Item (q) - Capital Facilities Element Policy A3. . .
Item (r) - Capital Facilities Element Policy A4:
Item (s) - Capital Facilities Element Policy A6.
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Denial:
~ Item (b) - Transportation Element Policy AI.
· Item (d) - Transportation Element Policy A3.
· Item (t) - Transportation Element Policy B5.
Item (h) - Transportation Element Policy B 16.
· Item (1) - Defmitions.
. Item (p) - Capital Facilities General Comments
Item (t) - Capital Facilities Policy A7
· Item (u) - Capital Facilities Policy A9
. Item (v) - Capital Facilities Element Policy B2.
. Item (w) - Utilities and Public Services Objective B 1
· Item (x) - Utilities and Public Services Element Policy C2.
13. The Fire Department had no comments on the proposal.
14. The Clallam County Department of Community Development, Planning Division, has provided comments and
supported the proposed changes relating to extension of utilities in Amendment #4.
15. A Determination of Non Significance was issued per WAC 197-11-640 on April 24, 2001.
.
16.
Notice of the public hearing on the proposed amendments to the Comprehensive Plan was published in
accordance with the Port Angeles Municipal Code.
17. No written public comments have been received at the time of the staff report.
Conclusions:
A. Approval of CPAOI-0l, Amendment #1 as listed in Attachment A, would result in improved internal
consistency of the Comprehensive Plan.
B. Approval of CPAOI-OI, Amendment #2 as listed in Attachment A, would result in improved internal
consistency of the Comprehensive Plan, specifically the land use and transportation chapters, and increased
effectiveness of these policies.
C. Approval of CP AO 1-0 1, Amendment #3 as listed in Attachment A, would result local adoption of recent
changes to the Growth Management Act, RCW36.70A which relate to essential transportation facilities.
D. Approval of CPAOI-OI, Amendment #4 as listed in Attachment A, would result in improved internal
consistency of policies relating to the extension of urban services and utilities to the unincorporated urban
growth areas, and would allow for the provision of urban level of services to existing and proposed urban-
scaled developments in the Urban Growth Area.
E. Approval of CP AO 1-0 I, Amendment #5 as listed in Attachment A, would result in
F.
Approval ofCPAOI-Ol, Amendment #5 as listed in Attachment A, would result in increased effectiveness of
policies relating to nonmotorized transportation.
.
G.
Approval of CPA 01-01 as listed in Attachment A, is consistent with Growth Management Act goals and Port
Angeles Comprehensive Plan.
354
Planning Commission Minutes
May 23. 2001
Page 6
H.
Approval of CPA 01-01 as listed in Attachment A, is consistent with the adopted county-wide policies.
I. Approval of CPA 01-01 as listed in Attachment A, is consistent with Capital facilities and related plans.
1. Approval of CPA 01-01 as listed in Attachment A, is consistent that it is in the public interest and consistent
with the public health, safety and welfare.
K. The cumulative effects have been considered in review ofCPAOI-01.
L. CP AO 1-0 1 as listed in Attachment A, is consistent with P AMC 18.04 Comprehensive Plan Implementation and
Amendment.
COMMUNICATIONS FROM THE PUBLIC
None.
STAFF REPORTS
Director Collins provided a copy of the recent changes to the Zoning Code relating to sawmills and
noted that the applicant who proposed the amendments have since withdrawn their CUP application
due to difficulty in obtaining a lease for their site. He also noted the Yacht Club shoreline appeal has
been withdrawn. Planner Barnes noted that the Dept. of Ecology verbally stated their acceptance of
the Puget Sound Pilots shoreline permit with a couple of additional conditions.
REPORTS OF COMMISSION MEMBERS
Chair Nutter summarized the invitation from Clallam County forajoint Planning Commission
session to be held June 6, 2001. All except Commissioner Schramm plan on attending.
ADJOURNMENT
The meeting adjourned at 11: I 0 p.m.
Brad Collins, Secretary
Linda Nutter, Chair
PREPARED BY: D. Barnes
.
.
.
355
.
.
.
CITY OF PORT;ANGELES
PUBLIC WORKS & UTILITY DEPARTMENT
MONTHLY REPORT
MAY 2001
WATER DEMAND
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Cl2000 _2001
RAINFALL
C 2000
_ 10 Year Average
.2001
RAINFALL DATA
10 YR AVG. TOTAL TO DATE
THIS YR TO DATE IN
RECORD HIGH THIS MONTH
RECORD LOW THIS MONTH
11.97
8.33
3.45
0.05
SEWER/STORM SYSTEM MAINTENANCE
SEWER SYSTEM JETTED
MONTH (FT) YR
743 38.974
STORM DRAINS JETTED 80
SYSTEM TV INSPECTED 674
260
2.147
ITOTAL LANDFILL DISPOSAL I
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TOTAl. CrTY TONS
co RfS HAUL
co. COM HAUL
LANDFILL ANNUAL TONS
HIS YR TO DATE (TONS)
LAST YR TO DATE (TONS)
MOREPT01.Wt<.4.0lSI13nOO1
TEMPERATURE
FE. ....
AUO IlP OCT NCN DEe
MAY ....
[J 2000
.2001
- 10 Year Average
ELECTRICAL USAGE
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.IAN fEB MAR APR MAY JUN JUl AUO liP OCT NOV Ole
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35l
PUBLIC WORKS & UTILITY DEPARTMENT
MONTHLY REPORT
MAY 2001
WATER
. Replaced 6" Tee and 6" Cross on Elwha Watermain
. Surveyed 2" water meters
. Installed 1" water service for POPA
. Conducted 4" hot tap for Dry Creek Water Ass'n.
. Relocated 1 3/4" water service
. Replaced 3 water meters
. Repaired 6" water main leak
. Repaired three 2" water main leaks
. Repaired six water service leaks
. Crew assisted with Industrial Watermain Repair Project
WASTEWATER COLLECTION
. De-greased Sewer Lift Stations #1, 5, 6, 8 & 10
. Installed rust preventative on 2 lift stations
. Up-dated plumbing at PS #4
. Assisted with Industrial Main Repair Project
. Vactor Jet Truck received
WASTEWATER TREATMENT
. Land applied biosolids on farm sites
. Posted new fields for summer biosolids applications
. NPDES monthly reports completed, no violations
. Contractor installed VFD on #1 Aeration Blower
. Annual CSO report submitted to DOE
. Installed sludge blanket detector demo unit on gravity thickener
. Problems with VFD #1 solved
I EQUIPMENT SERVICES
. Work Orders: 122
. Service Orders: 35
. #163 Ford service truck, brakes, service work
. #1554 GMC one-ton dump truck. replace clutch
. #1561 Ford 10-yard dump truck, rework dump bed
. #1580 Johnson Swee r, re air suction hood, utter brooms
. #1890 Toro mower, re lace um
. #1905 Peterbilt Refuse Packer, hydraulic, coolant & electrical
. #1919 Peterbilt Hooklift Truck, full service
. #1920 Peterbilt Refuse Truck. full service
LIGHT OPERATIONS
. Washington substation maintenance
. Contractor completed tie line on "0" Street
. Race substation site cleaned
. Pole replacements
. Repaired Daishowa switch
fiO'''OHT~o\I''''
c~
~~~'#
.
SOLID WASTE
RECYCLING:
. Coordinated recycling for Juan de Fuca Festival
COLLECTIONS:
. Placed 92 90-gallon containers in May
. New requests for recycle bins: 14
STREET
. Weed Abatement/Crack Seal at Airport
. Assist Solid Waste with special collections
. Install drain line at Landfill
. Repair catch basin lips
. Fill shoulders for Grant Street Project
. Assist with tree removal on Front Street
. Assist Solid Waste with collections
. Sign Maintenance
. Annual parking, curb painting
. AC repair - various locations
. Reconstruct floor at Swimming Pool
. Safety Meeting
. Training: Leadership Academy, T-2 Training, CPR Training
. Seasonal Employee: Clark Bussell
.
ENGINEERING & PERMITS
. Francis Street Park awarded
. Southwood - landlocked facilities construction support
. Airport Road Realignment project awarded
. Annexation support
. 8th Street reconstruction project construction support
. Elwha Dam removal mitigation support
. I & I Pilot Program Support
. "A" Street/Grant Avenue watermain construction completed
. "I" Street Circuit Switcher Purchase adverised
. Gateway Project design support
Landfill Cover Project construction support
. Aerial Mapping contract support
. Laurel Street Side Repair design support
. Distribution System rebuild construction support
. Rayonier to Lee's Creek Waterfront Trail design support
. 5th & Race Signal design
. "I" Street Substation transformer station design support
. Ennis Street slide repair design
Front Street sidewalk design
. Ediz Hook OH-UG conversion design support
. Substations LTC Filter design
. _Attended RTPO meeting
. Stormwater GAP analysis support
. Lincoln Street stormwater design support
. Crown Park design support
. Black Diamond Reservoir Cover Project awarded
. Carnegie Library value engineering and design support
. CFPITIP support
. 2001 Paving/Chip Seal design
. Submitted PWTF application for Downtown Watermain, Phase III
. Completed Industrial Waterline Repair
. Completed Elwha Heights Chlorine Contact Line
.
358>0001
.
.
.
f,::'ifJt,~t.;' f;;,'::',:::-,~ i""~
;-' ),.;}.!.,:.;i ~;~'ii:':'~/} ':
~ORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
June 18,2001
To:
Mayor Doyle and City Council Members
FROM:
Sue Roberds, Planning Specialist
SUBJECT:
Department of Community Development
Planning Division Monthly Report - May, 2001
CURRENT PLANNING ApPLICATIONS:
Bed and Breakfast Permit
Boundary Line Adjustments
Conditional Use Permits
Environmentally Sens. Areas
Home Occupation Permit
Minor Deviations
Municipal Code Amendment
Parking Variance
Retail Stand Permit
Rezone
Shoreline Substantial Development Permits
Shoreline Exemptions
Short Plat
Street Vacation
Subdivisions
Variance
Wetland Permits
Code Enforcement
1
o
1
o
o
o
o
o
o
o
o
o
o
o
o
I
o
3
SEP A ENVIRONMENTAL POLICY:
Determinations of Non Significance 2
Determinations of Significance 0
Mitigated Determinations of Non Significance 0
DEVELOPMENT REVIEW ApPLICATIONS:
Building Permits
Clearing and Grading Permits
2
1
359
.
.
.
360
.
THE CITY OF
.
l\lI'" De * it
W, ,', ....~. _ .." . '" ........ '.. ....." .....' ....." ..... '.1-
,'.(;(.. J':'~":.~'.:'
.
36)1
; """'"
Mission Statement:
In partnership with our community, the Port Angeles Police .
Department recognizes its mission to serve in a compassionate,
courteous, and professional manner, to promote freedom and peace of
mind, pride in our neighborhoods, and the safety of our families.
~
· Detectives arrested a 2I-year old . While investigating a complaint of
male transient for the theft and speeding vehicles on Cherry Street,
pawning of a television, stereo, an officer stopped a vehicle. During
VCR, CDs, and VHS movies. The the stop a 20-year old male
investigation revealed that the male passenger was taken into custody
had also written at least a dozen on a Clallam County District Court
bad checks to area businesses and Warrant. A search of the car turned
was planning to fund his departure up a Crown Royal Bag containing
from the area with the proceeds. marijuana under the driver's seat,
eight individually packaged amounts of
· An alert citizen's call to police lead to the marijuana in the vehicle console, and three
arrest of three. The caller reported seeing cases of beer stacked on the backseat. The
three youths walking into an alley from a man with the warrant was incarcerated in the
suspicious car. The complainant also said jail while the 16-year old driver was taken to
they could hear what sounded like the the Youth Center for Illegal Possession of
shaking of spray paint cans. Officers Intoxicants and Possession of Marijuana
responded to the area to discovered new with the Intent to deliver.
graffiti on the sides of two businesses. A
short time later officers stopped the car and . A two car collision at the intersection of 8th
its occupants, who were arrested for the and Washington Street lead to the arrest of a
graffiti. In addition to the Malicious 32-year old female for D.U.I. and Driving
Mischief charge, the I8-year old driver was While License Suspended. The driver also
arrested for D.U.I., a 23-year old passenger had open alcohol containers in the vehicle
was arrested for Possession of Marijuana, and did not have any car insurance.
and a 17-year old passenger was arrested for
Illegal Possession of Intoxicants. . Officers were dispatched to a disturbance in
the parking lot outside of O'Gallagher's
· Goodwill employees reported that a Sports Pub. Upon their arrival officers
shoplifter had fled their store. Officers determined that a group of women had been
located the suspect, who would only identify fighting in the parking lot. Four women were
himself as "Rooster." Rooster was later issued citations and released.
identified as a 24-year old Spokane man
who had just been released from Clallam . The police received a complaint of a
Bay Prison after serving a three year disturbance at the Pershing Hotel involving a
sentence for robbery. When the man was tenant who had assaulted the manager and
taken into custody, a search turned up four another resident. When contacted by the
bindles of methamphetamine. The man was officers the tenant attempted to resist arrest
booked into the Clallam County Corrections and escape. A struggle ensued until one of
F a c i 1 i t Y for Po sse s s ion 0 f the officers announced that the Taser was
Methamphetamine, Theft and an unrelated ready, at which time the suspect surrendered.
Spokane County arrest warrant for Second This is the fourth time that a suspect has
Degree Robbery. given up once the Taser has been displayed.
362
.
.
-",M'1;f'~~;;;;::~f'~i'I'","'f'; . ;"-ii_~~?!,,;~~'~~;;:,\ll;<i"~"""
.
Training Hours for
the Month of April
Course
! Hours
.....................~i.......
.
essons Learned II: Corruption, Racial
rofiling
erfonnance Planning, Delegation Skills
cial Profiling
ccess Level II recertification
ccess Level II certification
AC DataMaster refresher
26 Advanced Taser
VOC Instructor
irearrns Training
School Resource Officer
ess Lethal Impact Ammunition
essons Learned II: Corruption, Racial
rofiling
cial Profiling
eport Writing
ideos, miscellaneous
ear-to-Date Training (hours)
1.5
8
4
4
16
32
8
13.5
8
30
40
8
32
4
I
70.25
282.25
909.25
School Resource Officer Statistics
During the month of May Officer Knight handled 72
calls for service at the Port Angeles High School,
Choice School and Stevens Middle School.
9 Tobacco Infractions 2 Weapons
4 Arrested on Warrants Violations
5 theft arrests 3 Harassment
2 Traffic Citations warnings
4 Arrests for fighting! I Student
Assaults Mediation
.
CRIME PREVENTION
Corporal Jack Lowell
Crime Prevention:
. Two new Crime Stoppers profiles
. Six Crime Fax Alerts
. Safe Kids Coalition Meeting
. DUI Task Force Meeting
. Mental Health Board
. Clallam Responders Program
. Kiwanis meeting
. Block Watch meeting
Miscellaneous:
. Monthly report
. Peninsula College Advisory Board
Meeting.
. Received a $1000 Traffic Safety Grant
for bicycle helmets.
. Completed a $700 Traffic Safety Grant
for two PBTs.
. Completed a $1500 Traffic Safety
Grant for a lap top computer.
. 3 Flags Traffic Safety Conference
Investi1!ation:
. Follow up investigations on earlier
cases.
I~ Our Police Department Senior
E Volunteers provided 96 hours
of service during the month of
May. Most of this was dedi-
cated to office work, vacation
house checks, radar/speed
watch, animal control and
other services. Last year the
Senior Volunteers worked 1422 hours.
2
363
Law Enforcement Advisory Board Minutes
May 9th, 200 I
.
Attendees:
Leland Lee, ~hainnan
Rod Anderson
Leonard Beil
David Brewer
Frank Prince, III
Joe Girard
Chief Tom Riepe
Lena Washke, Secretary
Guests: Det. Jesse Winfield
Call to Order: Chairman Leland Lee called the meeting to order at 6:30 pm.
Minutes: The minutes of April II, 2001 we approved as written.
Communications and Letters: There were no letters.
Committee Reports: There were no committee reports.
Agenda Items
1. Guest Speaker Det. Jesse Winfield
Detective Jesse Winfield discussed at length how the Computer Voice Stress Analyzer (CVSA) is used to
augment investigations. Det. Winfield is the Department's certified operator and conducts testing for both
investigative and hiring purposes. He explained and demonstrated how the CVSA operates.
.
2. 2000 Annual Report
The 2000 Annual Report was presented to the Board. Port Angeles' serious crime rate was 1.3%, which is
less than half of the statewide average. All trends are looking great.
Len Beil asked if these reports are forwarded to the news media. Chief Riepe explained that the Police De-
partment report is included with the Annual City Report, which is forwarded to the news media. Mr. Beil
also asked if the report, including charts and graphs, could be published on the Police Department website.
Chief Riepe will consult with the Information Services Department for the City regarding this issue.
3. Department Updates
II Candidates will be interviewed tomorrow for the two patrol positions. There was discussion regarding
the low staffing levels currently in the Department. New patches were presented to the Board.
4. Items from Members
Len BeiI recommended that the Department advertise the Block Watch program. He also stated that he
would like to see "Report Littering" signs posted at the City entrances.
There was discussion regarding the Department open house scheduled for this suminer. Board members
were asked to bring back ideas for the open house to the June meeting.
.
3
364
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.
Sl'i\li\L\RY 01 1'0l1C1. OIIICI R 0\ I RTIi\lI !lOURS
May 2001 (111m 05-27-0])
* Range. K-9 Tlailllng. DUI EmphasIs. Firearms InstructIOn. Special
Events
Adhity Hours YTD
Callback 0 12.5
Canmittees and Meeting; 10.5 45.25
Cant Time 12 107.5
DARE, Scmol Reswrce Officer, School Patrol 6.5 28.5
Paid Details (rots ide funding) 3.5 65
Holiday 0 339
ht Custaly Arrests 8.75 46.25
htvestigatirnslDcmestic Violence/ Warrants 49.5 205.25
Repat Writing 18.5 70.25
Shift Coverage 32 365.25
Training and Travel 24.5 464.25
Twelve Hour Rule 0 8
Miscellaneous. 33.75 50.75
TdaI 199.5 1807.75
. Percent m Scheduled Work Hoors 5.0% 5.0%
Police Department Dispatches YTD tctas ere real 00 the right scae
1000
19000
1800 .
17000
1700 . .
15000
1600
13000
1500 11000
1400 9000
13CX> 7000
1200 5000
1100 3000
1000 1000
'- "TI ~ -6" ~ '- '- ~ g> 0 z 0 ~ ~ ~ ~
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Calls for Service YTD totals are read on the right scale .
2200 20000
1>. 19000
18000
. 17000
2000
16000
.<> <> 15000
, .
1800 14000
. <> 13000
P . , 12000
,
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10000
9000
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\ 6000
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2000
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911 Calls Y1DWs ae reed rntre rigt s::ae
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Juvenile Arrests
15
10
5
350
50
45
...295,..311- .--------
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200
40
35
224
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25
20
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. Adult Arrests
120 1200
100 1000
80 800
60 .~ 600
40 I r. 400
f'
20 200
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**
HIGHER ARREST STATISTICS ARE DUE TO A CHANGE IN REPORTING REQUIREMENTS
6
367
1 (XX)
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700
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500
400
300
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100
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60
55
50
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30
20
10
.
TRAFFIC COWSlONS
600
483
441 432.
500
1~'C;~'~IAccidents 1998
400 .. Accidents 1999
. "mKt' Accidents 2000
300
'..'."YTD 1998
EJ YTD 1999
. YTD 2000
-.- YTD 2001
-x- Accidents 2001
218
.
200
100
o 0
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.
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Arson
Theft-Other
Theft - Vehicle
Theft from Building
Theft from Vehicle *
Shoplifting
Burglary-Other
Burglary-
Residential
Assault 4th
'" Assault-Felony
Robbery
Rape/Sex Offense
Homicide
o
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Runaway
Violate
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Alcohol
Violations
DUI
Domestic-Verbal
Drug Violation
Crime Against
Child/Sex
Weapon
Violation
Mal Mischief 3rd
Mal Mischief -
Felony
UIBC/Fraud
Stalk/Harass
ResistlObstruc
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Parking Ticket Statistics
.
Tickets Revenue Tickets Revenue Tickets Revenue
1999 1999 2000 2000 2001 2001
Jan 149 $2,040.00 246 $2,225.00 128 $1,094
Feb 174 $1,740.00 292 $2,988.00 201 $1,426
Mar 168 $2,305.00 291 $4,611.00 310 $2,010
Apr 116 $3,451.00 219 $2,530.00 298 $2,850
May 238 $2,140.00 167 $1,885.00 445 2,832
June 133 $3,776.00 147 $1,850.00
July 163 $1,945.00 290 $1,525.00
Aug 225 $2,720.00 259 $2,310.00
Sept 267 $2,950.00 130 $1,830.00
Oct 143 $2,153.00 260 $1,820.00
Nov 233 $1,605.00 201 $1,911.00
Dec 156 $2,555.00 84 $1,552.00
Total 2165 $29,380.00 2586 $27,037.00 1382 $10,212 .
9
370
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.
MONTH 2000 2001 2000
January $30,858.79 $36,334.65 $5,427.48
February $41,465.47 $25,242.00 $4,608.93
March $25,787.75 $2,340.54
April $27,250.99 $417.33
May $19,427.74 $1,344.15
June $17,413.98 $973.35
July $31,486.10 $5,614.06 .,
,
I
August $21,881.90 $7,222.05
September $29,013.25 $2,943.09
October $29,573.88 $5,463.94
November $27,019.19 $5,360.82
December $31,143.49 $7,301.69
Total $332321.53 $49017.43 $12,221.45
.
JAIL COSTS/E.H.M/MEDICAL
Electronic Home" Monitoring . . ,'" ,. T
Medical Related Costs ,.'
2000 2001 2000 2001
January $2,622.00 $411.50 0 $332.93
February $1,161.50 0 $191.82 $1575.10
March $971.25 0 $456.96 $917.75
April $431.25 $780.00 $274.61 $319.75
May $586.50 0
June $793.50 $120.00
July $293.25 0
August $655.60 $30.82
September $626.75 0
October $736.25 $1,026.64
November $345.00 0
December $287.50 $11,256.19
Total $9,510.85 $1,191.50 $13,357.04 $3,145.53
.
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371