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Home My WebLink AboutAgenda Packet 08/20/2002A. CALL TO ORDER - Regular Meeting (6:00 p.m.) ROLL CALL - PLEDGE OF ALLEGIANCE - CEREMONIAL MATTERS & PROCLAMATIONS Presentation of Entrance to City Beautification 1 Present Awards Awards - Hartnagel Building Supply and Windermere Real Estate B. WORK SESSION C. LATE ITEMS TO BE PLACED ON THIS OR FUTURE -AGENDAS (By Council,'Staff 07 Publte)' AND PUBLIC COMMENT FOR ITE §� -" T f N AGENDA (This is the opportunity fnr members of the public to speak to the City Council about anything not on the agenda, please keep comments to 5-10 minutes) D. FINANCE 1. Proposed Fiber Optic Wide-Area Network 5 Approve Agreement Use Agreement 2. Proposed Institutional Network Services 27 Approve Agreement, Agreement E. CONSENT AGENDA 1. City Council minutes August 6, 2002 60 Approve Consent Agend4, meeting 2. Check Register -August-9, 2002 - 69 $392,247.03 F. CITY COUNCIL COMMITTEE, REPORTS G. ORDINANCES NOT REQUIRING PUBLIC HEARINGS H. RESOLUTIONS I. II. PORTA NGELES WASHINGTON, U.S.A. CITY OF PORT ANGELES CITY COUNCIL MEETING CALL TO ORDER - REGULAR MEETING: ROLL CALL: Members Present: Mayor Wiggins Councilman Braun Councilman Campbell Councilmember Erickson Councilman Headrick Councilmember Rogers Councilman Williams Staff Present: Manager Quinn Attorney Knutson Clerk Upton B. Collins M. Connelly G. Cutler D. McKeen T. Riepe Y. Ziomkowski III. PLEDGE OF ALLEGIANCE: Led by August 20, 2002 PQRTAMULES WASHINGTON, U.S.A. DATE OF MEETING: August 20.2002 CITY OF PORT ANGELES CITY COUNCIL MEETING Attendance Roster LOCATION: City Council Chambers • • In recognition and appreciation to: Hartnagel Building Supply, Inc. for outstanding efforts to beautify their property that coordinates with the city-wide effort to enhance the entrance to the City of Port Angeles. Presented this 20th day of August, 2002, by the City Council of Port Angeles, W11hington. Glenn Wiggins, Mayor • • • ri • r • In recognition and appreciation to: Windermere Real Estate for outstanding efforts to beautify their property that coordinates with the city-wide effort to enhance the entrance to the City of Port Angeles. Presented this 20th day of August, 2002, by the City Council of Port Angeles, Wasi i�ncgton. ,More Than Fifty Years of Caring 0 August 20, 2002 To: Mayor Glenn Wiggins Port Angeles City Council members Mike Quinn, City Manager From: Patty Hannah Re: City of Port Angeles Human Services Funding Y, �I 0 Unibed Way of Clallam County Post Office Box 937 Port Angeles, WA 98362-0161 Tel (360) 457-3011 Fax (360) 457-0529 www, unitedway-wa. orglclallarn Enclosed is the six-month report from the agencies that received City of Port Angeles' Human Services funding this year. The first column on the left shows the total amount allocated to the agency. The second column is the number of different people seen by the program and the third column is the number of client contacts. Looking at the first agency listed, Mt. Angeles Boys and Girls Club, you can see that 120 children are members of the Mt. Angeles unit during the first six months of this year. In this case, the client contact is obviously inaccurate. Carla Abrams tells us when we do one on-site visit that some children only come once or twice and others are there every day. I believe this holds true for every program. Most see a core group of people several times or on a continuing basis. Since the City funds preventive programs, this is exactly what you would want and expect to have happen. Continuing involvement by the clients is one measure that the program is establishing relationships and is able to affect change. I want to draw your attention to two new programs the City is funding this year: a parent/teen mediation program at the Peninsula Dispute Resolution Center and help for families in which the parents have never married offered by Pro Bono Lawyers. The Pro Bono program is a close collaboration with the PDRC and First Step Family Support Center. Both new programs have family strengthening components and prevent serious problems down the road. Unfortunately, 151 people could not be served by the agencies and were referred elsewhere. This is an increase over those not served in 2001. You can see that most of those referrals were from the OlyCAP dental program. In addition, 32 unserved clients could not be referred to other services, mainly because of age or specialized need. Approximately one third of the total clients served live within the city limits. We have made two payments to the agencies. On behalf of the United Way board, I want to express our support for the City's funding of human services. Your leadership in providing for human services shows our citizens your concern for everyone in our city, including those people experiencing difficulties in their lives. We understand that a portion of the City's sales tax dollars must be spent on social services. We are please you have chosen United Way to help with the assessment and distribution and we look forward to continuing this relationship with you. If you have any questions or concerns regarding this report, please feel free to call on me. Thank you again. OUR MISSION To strengthen our communities by enhancing the ability of people to live safe, healthy, and productive lives. United Way of Clallam County City of Port Angeles Human Services Funding nnnn Civ -+k D--4 1 of 2 _ _ _ 2001_ City PA 2002 City of P.A. Unduplicated Client Total Client Port _ Angeles Unserved Clients Unserved Clients Not Selected Outcomes Agency/Program Fundin Fundin Count Contacts Residents Referred Referred Oly. Pen. Boys & Girls Clubs_ _ Mt. Angeles Club `_— $25,000— _ _ $15,000 _ 120 A _ _ 120 mbrs 115 __ 10 10 improve school performance improve self esteem -- — - too your non-violent dispute resolution -- _— - Diversified Resource Center $0— Transitional Youth $10,000 _T First Step Family Support Cntr Dropd —_ _$13,000 $13,500 471 2,508 401 0 0 social support network emergency assistance community information & resources Healthy Families of CC Exchange Club Center $25,000 $25,000 423 2,845 231 0 _ 0 Classes, groups, home visiting Decrease incidence of child abuse Family Development Cntr 36 kids & parents 1,536 0 0 0 kids- improved social skills; parents - better parenting DV/SA 440 1,541 347 0 0 kidsladults sexual assault survivor groups Lutheran Community Services child care providers trained for special needs kids Child care info for special needs $1,200 $2,000 13 14 13 1 0 parents have support options/kids can be in child care Olympic Community Action Adult Action_ $8,000 $10,000 21 948 13 + families 9 3 maintain independence respite for families; meals Health Care Access $10,000 $10,000 381 952 221 130 0 dental care for low-income; preventive & emeergency Pen CPM Mental Health Cntr $18;000 Crisis Line $8,500 n/a - 691 n/a n/a n/a 2417 availability of line, suicide assessments, I&R Respite Care for Children; $5,000 17 192 hours 15 n/a _ 12 respite care for families with emotionally disturbed kids 1 of 2 _ _ _ United Way of Ciallam County City of Port Angeles Human Services Funding _ - - - 2001 - - --- - Cit�r PA Funding _ 2002 ---�� City of P _A i —Funding Unduplicated Client Count - Total — --- _ Client _ Contacts I I Port -- -- _Angeles Residents Unserved -- Clients Referred Unserved Clients - - Not Referred Selected Outcomes _ ..-. - ---- -- - _ — _ _ — — - ---- - - -- Parent/Teen Mediation - -- $7,500--"- 37 in 13 families 42 320 _ 5 in communication/durable agreements - reduced family conflict Pro Bono Lawyers : _ -_ --- — ---------'._- Never -married parents $3,000 49 147 ^ 34 1 0 Parenting orders, child support, parenting plans for _ families who have never married Serenity House of CC Childcare at Commons $9,800 $9,800 54 54 54 0 0 kids develop social skills adults gain housing/employment YMCA Childcare/Day Camp $11,500 270 11,825 0 0 0 Teen Scene $20,059 875 15,045 0 0 2 Teens & Youth $28,700 2,110 17,400 0 0 0 Childcare access all year long/ teens involved in — Totals $147,059 $142,500 5,317 55,860 1,476 151 32 community/positive recreational activities for youth United Way of Clallam County City of Port Angeles - 2002 Admin Fee $2,850.00 $712.50 $712.50 $712.50 $712.50 Agency Total Q1 Q2 Q3 Q4 Boys & Girls Club - PA $15,000.00 $3,750.00 $3,750.00 $3,750.00 $3,750.00 j First Step - Drop In $13,500.00 $3,375.00 $3,375.00 $3,375.00 $3,375.00 /-Healthy Families $25,000.00 $6,250.00 $6,250.00 $6,250.00 $6,250.00 LCS - Parent Line $2,000.00 $500.00 $500.00 $500.00 $500.00 OlyCAP - Adult Action $10,000.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 /OlyCAP - Health Care $10,000.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 PCMHC - Children $18,000.00 $4,500.00 $4,500.00 $4,500.00 $4,500.00 PDRC - Parent/Teen $7,500.00 $1,875.00 $1,875.00 $1,875.00 $1,875.00 Pro Bono - Families First $3,000.00 $750.00 $750.00 $750.00 $750.00 Serenity House - Child Care $9,800.00 $2,450.00 $2,450.00 $2,450.00 $2,450.00 ,. YMCA - Teens & Youth $28,700.00 $7,175.00 $7,175.00 $7,175.00 $7,175.00 Total Program $142,500.00 $35,625.00 $35,625.00 $35,625.00 $35,625.00 Admin Fee $2,850.00 $712.50 $712.50 $712.50 $712.50 TOTAL $145,350.00 $36,337.50 $36,337.50 $36,337.50 $36,337.50 • Cl • • • JAN -19-1900 02:38 Linited Way oRIallam County City of Fart Angeles Funding Report �- P. u's This report is: 6 months Jan. - June, 200 OR _ 12 months Jan. - Dec.. 2(X)—. (C. k appropriate time period) Agency 5 _t G ; �l ��b s �F ` - �� y,� P; ; .,s�t� PAA s Progr�►m -�S BOYS + : ri S C.k J Person completing form Cr� A 1 o ria vA S Un�i� uokated client count (for the fumded program) year to elate :. 120 MOA -AA 6-1- -S Tetal number of client contacts (Por the funded ptogram) year to date: 'ZO "earAbO-� S To - ! aprnbcr of unservcd clients (for tine funded propwn) referred to other services year to date: -}cTo y w v�S fur {ProjUa WX Total number of unserved clients (for the funded program) NOT refercod to other services ycar to date: _ _ - 0 Total ,number of clients served by this program who arc Port Angeles resideats: r. Pj ase lint up to three de towards these outcomcs. or in our community. mcd outcomes for this pwgrarn and & %serine the documc tCO pragsess Also describe the differences this Program makes in the lives of yotir clitnt-% OUTCOMES School �-e�cytarly Ir- i h LtiuvN.n�..�ur tC- G•J� tnn�S 0 be -ti e -e «&. in Sc�nool YV►PJwtb�✓ s sp L� Q-stea �-- I CscfeA inn v ► ole Q Cesolv��cN. kec ,n�5 PROGRESS WVAI >o4r5 a,>r, b UL S'- S dQy 0.r c e�� C- ►.hoz IDIC tnrnn- Vgid } Vicky d4 E-rf-�S_t. Return to: United Way of Ctaltam County P.O- Box 937 Pon Angeles, 'WA 'x13362 DWFERENC kS j/��t-� s+�� ►ri s�o 4 CIA A&e� + ijk c 1 S w f gooc��.. -Se~k f e-Jre rvt.W*— t t y-- }0 becOj Cir;e- C��r�s I CL.;l&,rjo to A1� l - * w;, �� I 5 -P -M �X- az f-pemcwkS SS e A vec•�_�� Out Dates. August 15 Febrnaary 15 TOTAL P.03 FIRST STEP Fax::1-360-457-3820 Aug 12 '02 1424 P.02 united w�elcs �Ffd�inRq��ort Cit of Port Date v • This report is: _XX. 6 months Jan. - June, 2001- OR 12 months Jan_ - Dec., 200. (Check appropriate time period) Co-pAgencyi�p°Y } Cr Program U✓o a 4 i1 person completing form Urdu )licated client count (for the funded program) year to date :-1 1 molts ,ds Total number of client c n ct (for the funded program) year to date_ G l' Total number of unserved clients (for the funded program) referred to other services year to date: Total number of unserved clients (for the funded program) NOT referred to other services year to date: Total number of clients served by this program who are Port Angeles residents: Please list up to three desired outcomes for this program and describe the documented progress 40 towards these outcomes. Also describe the differences this program makes in the lives of your clients or in our community_ OUTCOMES PROGRESS DIFFERENCES Vae-e-45 �,� f C� S oC L 64-k s ,,�� o, --� v'+wo - Cey-"-1 n -�o Y"-eS- co-cz. o 1c��2 S� �, a•-15�s -mS 2 l C S t b a wia-h o r, � tot; 3. r Return to: United Way of Clallam County Due Dates: P.O. Box 937 August 1S • Date July 29, 2002 • United Way of Clallam County City of Port Angeles Funding Report This report is XX 6 months Jan. — Jun, 200 (Check appropriate time period) Agency Healthy Families of Clallam County OR 12 months Jan. -Dec., 200 Program Exchange Club Center for the Prevention of Child Abuse Person completing form Janice E. Laine, ECCPCA Program Manager Unduplicated client count (for funded program) year to date : 423 Total number of client contacts (for funded program) year to date: 2845 Total number of unserved clients (for funded program) referred to other services year to date: 0 Total number of unserved clients (for funded program) NOT referred to other services year to date: 0 Total number of clients served by this program who are Port Angeles residents: 231 Please list up to three desired outcomes for this program and describe the documented progress towards these outcomes. Also describe the differences this program makes in the lives of your clients or in the communit . OUTCOMES PROGRESS DIFFERENCES 1. To provide groups for 25 1. Served 52 children in "I Am Special' 1. It was shown that the youth youth with the goal of and "Project Alert" groups. were able to develop strong enhancing their self-esteem skills in the areas of and increasing protective 2. Parents received regular visits with assertiveness and factors. their children, and many families communication. received support in numerous areas 2. Provide direct services to including household management, 2. Many parents reported that families including parenting education and these services made a positive supervised visits, Family communication/negotiation. difference in their lives. These Preservation Services, and services gave individuals an the CARE Project in order 3. Three series of 8 -week parenting opportunity to build nurturing to decrease the incidence of classes provided non-violent alternatives relationships with family child abuse and neglect. to discipline for 54 parents. members. 3. To provide education to 3. Parents were able to find at least 18 parents that will age-appropriate strategies for reduce the risk of child working with their children abuse by modeling the use which resulted in better of non-violent disciplinary listening and increased techniques. empathy and spanking and yelling were reduced. Return to: United Way of Clallam County P.O. Box 937 Port Angeles, WA 98362 Due Dates: August 15 February 15 United Way of Clallam County City of Port Angeles Funding Report Date July 29, 2002 This report is XX 6 months Jan. — Jun, 200 OR 12 months Jan. -Dec., 200 (Check appropriate time period) Agency Healthy Families of Clallam County Program FDC (Family Development Center, Medicaid Treatment Child Care Program Person completing form Janice Laine, Director, FDC Unduplicated client count (for funded program) year to date: 36 children & family members in a daily program Total number of client contacts (for funded program) year to date: 1,536 Total number of unserved clients (for funded program) referred to other services year to date: 0 Total number of unserved clients (for funded program) NOT referred to other services year to date: 0 Total number of clients served by this program who are Port Angeles residents: 33 Please list up to three desired outcomes for this program and describe the documented progress towards these outcomes. Also describe the differences this program makes in the lives of your clients or in the community. OUTCOMES PROGRESS DIFFERENCES 1. To provide 6 hours of 1. Four children completed their 1. The children were able to gain therapeutic day treatment to therapeutic goals and were able skills in their social and children ages 2-6 who have to successfully transition to new emotional development. experienced child abuse & environments. Specifically their ability to share neglect. improved as well as their ability 2. Most parents have been able to to communicate on a positive 2. To establish a once a week participate one day per week with level with their peers. routine for biological as well as their children. foster parents to interact and 2. These parents have established participate with their children at 3. Successfully conducted a a closer bond with their children the Family Development Center. multidisciplinary team meeting and have increased their every 90 days per child/family parenting skills as a result of the 3. To conduct a multi- discussing strengths, weaknesses role modeling of staff. disciplinary interagency and goals. treatment team for each child to 3. These meetings provided an be held every 90 days, and to opportunity for families to prepare the child's individual discuss concerns as well as treatment plan for the following accomplishments. They also gave 90 days. the staff an opportunity to focus in on each child's treatment goals. Return to: United Way of Clallam County P.O. Box 937 Port Angeles, WA 98362 Due Dates: August 15 February 15 • 11 C� United Way of, Clallam County City of Port Angeles Funding Report Date July 23, 2002 This report is XX 6 months Jan. — Jun. 2002 OR (Check appropriate time period) Agency Healthy Families of Clallam County Program Domestic Violence/Sexual Assault Program 12 months Jan. -Dec., 200 Person completing form Marlina Brooks, DV/SA Program Manager Unduplicated client count (for funded program) year to date : 440 Total number of client contacts (for funded program) year to date: 1,541 Total number of unserved clients (for funded program) referred to other services year to date: 0 - - (screening and referrals done at front desk) Total number of unserved clients (for funded program) NOT referred to other services year to date: 0 Total number of clients served by this program who are Port Angeles residents: 347 Please list up to three desired outcomes for this program and describe the documented progress • towards these outcomes. Also describe the differences this program makes in the lives of your rliPnts nr in the nnmm»nity • OUTCOMES PROGRESS DIFFERENCES 1.A 12 -week sexual assault support 1. Initially 5 women attended. As topics 1. Upon evaluation of the group, the group was held. Each session lasted 1 %Z and feelings were addressed, the women remaining individual stated that the hours. The women identified/recognized felt that they were not ready to be group made a positive difference in her feelings of grief and loss and obtained involved in such a group. However, the life. The group enabled the survivor to skills to help in healing/acceptance, group had one individual (survivor) who build positive coping (i.e. it wasn't her increasing self-esteem, self-worth, and in completed all 12 sessions. Providing a fault) and problem solving skills. This developing a personal safety plan. safe and confidential environment group provided a venue to enable the allowed for increased knowledge and survivor to gain tools and strength to ability to identify and verbalize grief/loss seek private therapy. 2. Children's groups for grades 1-3 were issues, through reading, journaling, held. Children learned to verbal and written exercises. 2. Evaluation showed that within a safe identify/recognize feelings regarding and interactive environment, children abuse, violent behaviors, and ways to 2. One 8 -week series was held. Each displayed an increase in the awareness of enhance self-esteem and stay safe. The session lasted 1-V2 hours with 24 inappropriate behaviors (i.e. hitting, children learned and practiced children in attendance. The series was verbal vocabulary, intimidation, anger), acceptable/positive social skills. titled, "Learning To Get Along", which an increased understanding of the effects was based on the Domestic Violence and of verbal and non-verbal communication Children curriculum. The group was a (i.e. the effects of name calling) and collaborative effort with the Exchange ability to identify feelings in order to Club and Housing Authority. build positive non-violence coping (talking it out) problem solving, and self- esteem skills. Return to: United Way of Clallam County P.O. Box 937 Port Angeles, WA 98362 Due Dates: August 15 February 15 07/19/2002 08:37 FAX 1 360 452 5438 Lutheran Community Sery -r UNITED WAY 10001/001 United Way of Claliam County City of Port Angeles Funding Report Date July 19, 2002 This report is: XX 6 months Jan. — June, 200_ (Check appropriate time period) Agency Lutheran Community Services Program Parent Line Person completing form Nancy Martin OR 12 months Jan. — Dec., 200 Unduplicated client count (for the funded program) year to date : 13 Total number of client contacts (for the funded program) year to date: 14 Total number of unserved clients (for the funded program) referred to other services year to date: 1 Total number of unserved clients (for the funded program) NOT referred to other services year to date: 0 Total number of clients served by this program who are Port Angeles residents: 13 Please list up to three desired outcomes for this program and describe the documented progress towards these outcomes. Also describe the differences this program makes in the lives of your clients or in our community. OUTCOMES PROGRESS DIFFERENCES 1.Children with special needs arc 1. Clallam County Health Dept. tr lins cared for by trained child child care provider in care of the care providers 1. Children who were child with special needs. Previously unable to 2.Parent Line consultants assist cl iild be placed in child care care provider in accessing enhanced now reap the benefits 2.Parents of children with specia. subsidy rate; arrange staffings for of social interaction needs receive consultation TEP with school district. with other kids. services. 3.Parent receives home visit and 2. Parents have gained a Assistance in receiving other myriad of support Services options • • • United Way of Clallarn-County City of Port Angeles Funding Report Date 8/4/02 This report is: X 6 months Jan — June, 2002 OR 12 months Jan. — Dec., 2002. Agency Olympic Community Action Programs Program Adult Action Center Person completing Form Robin Gibson Director, Long Term Care Services Unduplicated client count year to date for program: 21 Total number of client contacts year to date for program: 948 Total number of unserved clients referred to other services year to date: 9 Total number of unserved clients not referred to other services year to date: Total number of clients served by this dram who are Port Angeles residents: 13 Please list up to three desired outcomes for this program and describe the documented progress towards these outcomes. Also describe the differences this program makes in the lives of your clients or in our community. OUTCOMES PROGRESS DIFFERENCES 1. Provide services that 21 individuals were able to 21 individuals have remained maintain or enhance maintain their independence. happily in the community and physical and mental Of those 21-15 experienced avoided placement in health and maintain no significant decline in health institutional settings. independence, allowing allowing them to remain in the Everyone wants to say home, elders to remain in the community. Those individuals and these individuals have community are still enjoying the services been able to do that because of Adult Action Center. of the services provided by Adult Action Center. 2. Provide respite for family 7 family caregivers have With a break these family caregivers. received respite services, caregivers have remained abl allowing them to keep their to care for their loved ones at loved ones at home. home. 3. Provide nutrition for 869 meals were provided to Many of these clients would functionally disabled the clients of Adult Action not have eaten a healthy elders. Center. The clients love the nutritious meal without it being cook and eat heartily in the prepared for them and without company of their peers. the support and company of their peers. Isolation is not playing a factor in the nutri- tional status of these people. Return to: United Way of Clallam County PO Box 937 Port Angeles, WA 98362 Due Dates: August 15 February 15 United Way of Clallam County City of Port Angeles Funding Report Date This report is: XX 6 months Jan. — June, 200_2 OR (Check appropriate time period) Agency Ole/ 4 Program /g�TTfr'lE /-�l1�SS Person completing form Unduplicated client count (for the funded program) year to date : 12 months Jan. —"Dec., 200_ 3 Ff l Total number of client contacts (for the funded program) year to date: 1?57Z— Total number of unserved clients (for the funded program) referred to other services year to date: /30 Total number of unserved clients (for the funded program) NOT referred to other services year to date: 0 Total number of clients served by this program who are Port Angeles residents: 2 ?—/ Please list up to three desired outcomes for this program and describe the documented progress towards these outcomes. Also describe the differences this program makes in the lives of your clients or in our community. OUTCOMES PROGRESS DIFFERENCES 1. ?gvvijt,o2,wl AwA awes -S� 38 ( �,�oP(� c iko Sof- A i>zl di�fUt, ka- fes- sh(( '71V /oa .-lh evw . kn l:�sAA � ��.f (G(Y. kKjCj , i' i liti.10't- hUF 40 k, -S oL 1Ao41- a-r�OcZv2 a�P�. 2. eM4 !Sk-- AcGLESS AM ulk wSAzA 02 1 �xrf ht1/1 �s �o,�,�.�oGnow ortc r tic /toaw1 . 3. 4V htle /060 0 Return to: United Way of Clallam County Due Dates: P.O. Box 937 August 15 • • Date August 7, 2002 • United Way of Clallam County City of Port Angeles Funding Report This report is: XX 6 months Jan. — June, 200 2 OR 12 months Jan. — Dec., 200_. (Check appropriate time period) Agency PCMHC Program Crisis Line Person completing form Donald R. Zanon and Lois Danks Unduplicated client count (for the funded program) year to date: N/A Total number of client contacts (for the funded program) year to date: 691 Total number of unserved clients (for the funded program) referred to other services year to date: NIA Total number of unserved clients (for the funded program) NOT referred to other services year to date: N/A Total number of clients served by this program who are Port Angeles residents: Please list up to three desired outcomes for this program and describe the documented progress towards these outcomes. Also describe the differences this program makes in the lives of your clients or in our community. OUTCOMES PROGRESS DIFFERENCES 1. 24/7 availability of 691 contacts received. Citizens of community a Crisis Line were able to self -refer and seek services as well as local resources when in need. 2. Suicide Assessment 162 callers reported made• suicidal issues. 3 Information and 236 callers wanted referral to community information about locale services. services. Return to: United Way of Clallam County P.O. Box 937 Due Dates: August 15 United Way of Clallam County City of Port Angeles Funding Report Date August 8, 2002 This report is: XX 6 months Jan. — June, 200 2 OR (Check appropriate time period) Agency PcMHc Program Respite Care for Kids Person completing form Donald R. Zanon and Lois Danks Unduplicated client count (for the funded program) year to date : 12 months Jan. — Dec., 200, 17 Total number of client contacts (for the funded program) year to date: 192 hours Total number of unserved clients (for the funded program) referred to other services year to date: N/A Total number of unserved clients (for the funded program) NOT referred to other services year to date: 12 Total number of clients served by this program who are Port Angeles residents: 15 Please list up to three desired outcomes for this program and describe the documented progress towards these outcomes. Also describe the differences this program makes in the lives of your clients or in our community. Return to: United Way of Clallam County Due Dates: P.O. Box 937 August 15 • OUTCOMES PROGRESS DIFFERENCES 1 Provided respite care Provided 24 days of None of these children for emotionally Respite Care during this were placed out of the disturbed children on 6 month period. home or went to a weekends (2 times a hospital setting during month for 6 months) this time. for families in need. 2. 3. Return to: United Way of Clallam County Due Dates: P.O. Box 937 August 15 • United Way of Clallam County City of Port Angeles Funding Report Date 8/3/02 This report is: XX 6 months Jan. — June, 2002 OR (Check appropriate time period) Agency: Peninsula Dispute Resolution Center Program: Parent Teen Mediation Program 12 months Jan. — Dec., 200 . Person completing form Jody Moss, Youth Mediation Coordinator Unduplicated client count (for the funded program) year to date : 18 teens and 19 adults in 13 families Total number of client contacts (for the funded program) year to date: 42 Total number of unserved clients (for the funded program) referred to other services year to date: 0 Total number of unserved clients (for the funded program) NOT referred to other services year to date: 5 — (unable to reach clients) Total number of clients served by this program who are Port Angeles residents: 32 Please list up to three desired outcomes for this program and describe the documented progress towards these outcomes. Also describe the differences this program makes in the lives of your clients or in our community. OUTCOMES PROGRESS DIFFERENCES 1. See attached 2. 3. Return to: United Way of Clallam County P.O. Box 937 Port Angeles, WA 98362 Due Dates: August 15 February 15 Outcomes 1. Increased Communication: In conflict families tend to not listen to one another. In mediation, parents and teens do listen and actively take part in a step-by-step process designed to create a safe space for talking about conflict, listening to one another, and addressing problems, which need to be solved. 2. Durable Agreements: Most mediated cases will yield a settlement agreement with behavior based action plans to resolve conflict in their families. Since teens participate fully, and create the agreements collaboratively, they are more likely to comply. 3. Increased Understanding: By demonstrating and modeling good communication techniques, conflict resolution skills, and developing a behavior based settlement agreement, the mediators and the program coordinator help families develop more compassion. Progress 1. "Ie have worked with 13 families, so far, and have held, 11 mediation sessions, with 4 currently in process. 2. Families, (cases), which do not get to mediation do receive communication regarding the program, how it works and how it might help in their specific situations. In those instances the families may opt not to mediate. However, they are still receiving coaching on conflict resolution. 3. In all settled mediated cases, families receive follow up calls for a time after the case closes to see how the settlement agreements are going and to offer additional support as needed. In all settled cases, the settlement agreements are working. 4. Several cases are still in process after several mediation sessions, but do not yet have a completed settlement agreement. In these families in particular, modeling of communication and conflict resolution skills in being repeated and the learning is being reinforced. Families requiring repeat sessions often need and benefit from this reinforced learning. 5. We are completing our first mediation training dedicated to the parent /teen program, and anticipate having 12 to 15 teens newly trained teens to begin volunteering by the end of the month. Keeping a corps or trained teen mediators is key to the success of the program. Differences — Most differences are those known through general research as opposed to specific measured differences in our community. We know that in the families where teens and parents are honoring their agreements, and that in those families the parents report that things are going well. One specific difference we know has been impacted by mediation is one teen who was a runaway, and has been homeless, is now living at home. 1. Children in families in conflict do poorly in school and tend to be exposed to more risk factors. 2. Families, who have developed better parenting and communication skills, have created more protective factors in their own and their children's lives. 3. All members of the family unit can become more productive community members when they are not constantly involved in unresolved or poorly resolved conflicts. 4. Teens and parents who have participated in a respectful process and created and mutual agreement are more likely to treat one another respectfully in the future. 5. Teens, who have made commitments to their parents that they feel honored to keep, are more likely to make more appropriate choices around high-risk behavior. 0 JAN -1-1998 1ce:0SN FHUM: IU:'V-D r:Cf - C:- 0 United Way of Clallam County tY of Port Angeles Funding Rep Date 8/13/02 This report is: b mond Jan. — June, 200 OR 12 months Jan. Dec., 200 . (Check appropriate time period) Agency,Clallam Co. Pro Boao Lawyers Program Families First Person completing form _Cheryl Baumatm, Program Coordinator Unduplicated client count (for the funded program) year to date: _ 49 Total number of client contact (for the fimded program) year to date: `147 Total number of unserved clients (for the funded program) referred to other services year to date: 1 Total number of unserved clients (for the funded program) NOT referred to other services year to date: 0 Total number of clients served by this program who are Port Angeles residents: X34 Please list up to three desired outcomes for this program and describe the documented progress towards these outcomes. Also describe the differences this program makes in the lives of your clients or in our community. OUTCOMES PROGRESS DIFFERENCES 1. Parents get needed Paternity Legal assistance given so Cases resolved in a civil Orders, including parenting paternity cases can be filed. manner thru court proceedings & mediation Plains & Child Support Orders rather than vigilante action & violence. 2. Cbildrent continue to receive 2 Parents better able to co -parent & work together which is in More child support paid. Less children abandoned love & support from parents rather than 1. their children's best interests. By 1 parent. 3. Grandparents & other third Legal assistance given so Children removed from parties gain custody of their that non -parental custody cases abuse & neglect situations. grandchildren and child relative are filed. Guardians now able to in need of care. receive food stamps & health benefits for children. United Way of Clallam County City of Port Angeles Funding Report Date 5 August 2002 is This report is: XX 6 months Jan. — June, 2002_ OR 12 months Jan. — Dec., 200 . (Check appropriate time period) _ Agency Serenity House of Clallam County Program The Child Care Center at the Commons Person completing form Patti Hicklin, Program Director Unduplicated client count (for the funded program) year to date : 54 Total number of client contacts (for the funded program) year to date: 54 Total number of unserved clients (for the funded program) referred to other services year to date: 0 Total number of unserved clients (for the funded program) NOT referred to other services year to date: 0 Total number of clients served by this program who are Port Angeles residents: 54 Please list up to three desired outcomes for this program and describe the documented progress towards these outcomes. Also describe the differences this program makes in the lives of your clients or in our community. OUTCOMES PROGRESS DIFFERENCES 1. Adult family members will bv 25 client families able to seek Families had the time Able to seek permanent housing, housing, employment solutions and childcare support to Employment,and case manage- and receive training and effect positive changes. Ment. Counseling. Children receive positive 176eedback from parents, Headstart and public 2. The children improve their The children are able to work school faculty for social listening and attention skills. Cooperatively in age-appropriate skills, knowledge, group activities for longer improved behavior and periods of time, adding to skills improved peer relationship and knowledge and healthy socia relationships. 3. The children use appropriate The children are hitting less and communication skills with peers using their "words" more often and others, and learn to work to communicate their needs. cooperatively with their peers. Return to: United Way of Clallam County Due Dates: P.O. Box 937 August 15 • United Way of Clallam County City of Port Angeles Funding Report 0 Date_ 5 August 2002 This report is: XX 6 months Jan. — June, 2002 OR 12 months Jan. — Dec., 200 (Check appropriate time period) Agency Serenity House of Clallam County Program The ChildCare Center at the Commons Person completing form Patti Hicklin, Program Director Unduplicated client count (for the funded program) year to date : 54 Total number of client contacts (for the funded program) year to date: 54 Total number of unserved clients (for the funded program) referred to other services year to date: 0 Total number of unserved clients (for the funded program) NOT referred to other services year to date: 0 Total number of clients served by this program who are Port Angeles residents: 54 Please list up to three desired outcomes for this program and describe the documented progress towards these outcomes. Also describe the differences this program makes in the lives of your clients or in our community. OUTCOMES I PROGRESS 1. The children improve their listening and attention skills. 2.The children learn to work cooperatively with their peers. 3. The children use appropriate communications skills with peers and others. The children consistently impro, in their response to directions and ability to focus. This shows in increased skills and knowledQ The children are able to work cooperatively in age-appropriate group activities for longer periods of time, adding to skills and knowledge and healthy socia relationships. The children are hitting less and using their "words" more often to communicate their needs. DIFFERENCES The progress in developing social skills in the children we serve has made a difference in their home lifes as indicated by parent feedback and in HeadStart and public schools, as indicated by faculty feedback. Children develop a positive self-concept and sense of self-esteem. Social relationships have improved, with children demonstrating more respect and consideration for others. Better problem- United Way of Clallam County City of Port Angeles Funding Report Date This report is: XX 6 months Jan. – June, 200 Y OR 12 months Jan. – Dec., 200 (Check appropriate time period) Agency C\c:\ Program qiA^—S -'k- Person completing form Unduplicated client count (for the funded program) year to date : ai � 1 O Total number of client contacts (for the funded program) year to date: Q Lk0 Total number of unserved clients (for the funded program) referred to other services year to dater Total number of unserved clients (for the funded program) NOT referred to other services year to date: ' Total number of clients served by this program who are Port Angeles residents: (E -C) Please list up to three desired outcomes for this program and describe the documented progress towards these outcomes. Also describe the differences this program makes in the lives of your clients or in our community. OUTCOMES PROGRESS DIFFERENCES f cn� QV�r•1 C i � s, es Q��S �ws S;,CrJ�� `N. &C'a i \S d� tY\coV\e.- � pf�erlu�,� a,00v �d�►\ 'AX 3. QcOJIc G �kk�1e�,� G�rt� tee s� y}e Oak v eS -4 U Return to: United Way of Clallam County Due Dates- P.O. Box 937 August 15 • .URS• �y • • g COUNCIL DATE: AUGUST 20, 2002 To: MAYOR WIGGINS AND CITY COUNCIL FRoM: Glenn A. Cutler, Director of Public Works and Utilities RE: Proposed Fiber Optic Wide Area Network Use Agreement Summary: As a result of the direction of the Utility Advisory Committee (UAC) and City Council to staff on the institutional network (I -Net) fast-track concepts and approach, a Fiber Optic Wide Area Network (WAN) Use Agreement has been negotiated with Northland Cable Television to enable early activation of the I -Net dark fiber backbone and nodes. As part of the proposed Agreement, construction of fiber optic infrastructure is required and an option to include an additional 12 dark fibers throughout the I -Net is recommended. Recommendation: It is recommended by the UAC and staff that City Council authorize the Mayor to execute the proposed Fiber Optic Wide Area Network Use Agreement and right- of-way easements for I -Net node enclosures with Northland Cable Television. Background: On May 14, 2002, staff provided an information only presentation to the UAC on I -Net activation and site drop alternatives. At the direction of the UAC, staff began to develop a fast-track concept and approach to compress the I -Net completion schedule, which is anticipated no later than April 27, 2004. On June 11, 2002, the UAC authorized staff to proceed with the fast-track concepts and approach. On June 17, 2002, the City Council approved consulting services in support of the fast-track concepts and approach and construction of the I -Net. On June 24, 2002, the UAC provided guidance to staff on the final draft Fiber Optic WAN Use Agreement. On July 9, 2002, the UAC postponed action on the Fiber Optic WAN Use Agreement until the I -Net Services Agreement negotiation is completed with Capacity Provisioning, Inc. On July 29, 2002, the UAC postponed action on the fast-track for two weeks in order to provide the Clallam County PUD (District) an opportunity to submit a proposal. On August 13, 2002, the UAC unanimously recommended City Council approval of the fast-track. Analysis: The proposed Fiber Optic WAN Use Agreement includes City lease of two (2) existing dark fibers and construction of fiber optic infrastructure necessary to reach planned I -Net node locations. As part of the fast-track, partial City payment for the I -Net will need to be made earlier than that required by the Cable Television Franchise Agreement No. 3116 (Franchise). The City will assign the Agreement to Capacity Provisioning, Inc., which will install N:\CCOLINCIL\ORIGINAL\fiberageement5. wpd Proposed Fiber Optic WAN Use Agreement Page 2 August 20, 2002 • equipment in the I -Net node enclosures, construct site drops from the I -Net nodes to the City and potential I -Net and business users, and provide wholesale and retail telecommunications services (excluding Cable Television services). As part of the proposed Agreement, construction of about 4 miles of fiber optic infrastructure is required and an option under the Franchise to include an additional 12 dark fibers is recommended throughout the I -Net for an additional cost of $100,000. Earlier this year, Council approved an option to include an additional 12 dark fibers in a section of the I -Net that extends from 16t'' and C Streets to I e and I Streets. The remaining additional dark fiber expense is a wise investment that will delay node equipment and fiber splicing expenses over the I -Net's anticipated minimum fifteen year service life. The fiber optic infrastructure will be connected to six node enclosures within the City. The node enclosures are required for network electronic equipment that are proposed to be placed on City property. Placement of all of the node enclosures on City property simplifies Northland's acquisition of necessary right-of-way easements and ongoing access, operation and maintenance needs. City approval of the necessary right-of-way easements is necessary. The aggressive fast-track approach will take about four months to complete before services under the proposed I -Net Services Agreement (separate staff report) are available. Approval of the proposed Agreement with Northland is a critical element of the fast-track plan and approach. Please refer to Attachment A for a summary of the main sections of the proposed Agreement. It is noted that Northland is cooperating with the City and Capacity Provisioning, Inc. on the fast- track, although it exceeds their obligations under the Cable Television Franchise Agreement. A summary of the milestones and schedule under the proposed Agreement and the proposed I -Net Services Agreement (separate staff report) is provided in Attachment B. A copy of the proposed Agreement is included as Attachment C. Amendment No. 1 to Cable Television Franchise Ordinance No. 3116 In response to Northland's request to simplify approval of the proposed Agreement, which was received after the August 13, 2002 UAC meeting, an amendment to the Cable Television Franchise Ordinance No. 3116 can be avoided by incorporating clarifying language into the proposed Agreement. A revision to Sections 1.7 and 1.8 and new Sections 1.9 and 1.10 have been negotiated in lieu of the proposed amendment. Staff will present additional changes to the proposed Agreement to City Council, if any, made after the August 13, 2002 UAC meeting. Is 6 N:\CCOLTNCIL\ORIGINAL\fiberagreenient5.wpd • Attachment A Summary of the proposed Fiber Optic Wide Area Network Use Agreement Main sections Section summary Northland is responsible for design, construction and testing of the fiber optic link and nodes. The City must approve the plans and specifications Design and prior to construction. The City must approve construction and testing construction prior to payment toward its cost of the I -Net. Due to the construction of §1 fiber infrastructure as part of this Agreement, a decision under the franchise to include 24 fibers throughout the I -Net is recommended which will increase the City's cost of the I -Net by $100,000, Grant of license The City would be granted an exclusive and assignable license to use the §2 fiber link and I -Net nodes. I -Net early payment: $245,000 Project management fee: $37,000 Additional I -Net nodes charge: $18,000 Fiber link and node contingency: $30,000 Compensation ------------------------------------------------------------------------- §3 Monthly service charges (until 12/31/2002): ---- $1,400/Month ------------------------------------------------------ Monthly service charges (until 12/31/2003): $1,900/Month Monthly service charges (ending 4/27/2004): $2,400/Month The City would pay its share of the I -Net and node costs earlier than that agreed upon as part of the franchise. Term of The term of the agreement would be until April 27, 2004 which is the date that the I -Net is anticipated to be fully complete, capable of operation, and agreement �4 accepted by the City. Upon mutual consent, the agreement maybe extended. Ownership Northland would own the Fiber Link and nodes provided under the §8 agreement which is consistent with the franchise. City payment shall not be made until the fiber link and nodes has been completed, tested and approved. Either party reserves the right to terminate the agreement upon breach of the other party. After the I -Net is Risk management constructed, the City will be given the first right of refusal to use two of & termination Northland's reserve fibers under the franchise for commercial services. In §10 the event the I -Net is not constructed in accordance with the franchise, the City will have a right to use the Fiber Link and nodes through May 31, 2017 for commercial and non-commercial services. The City can also terminate the agreement if it discontinues use of the Fiber Link and Nodes. 7 N:\CCOUNCIL\ORIGINAL\fiberagreement5.wpd Attachment B Fast -Track Milestones and Schedule Milestone Completion Date Agreement approval 8/20/02 Occupation license obtained' 8/21/02 Personnel information subject to background check' 8/26/02 Due diligence',' 8/30/02 City approval of site drop construction permit application' 9/11/02 Northland construction and node interconnection 10/21/02 Northland fiber link and node testing 10/28/02 Site drop construction completion' 11/11/02 LAN plans and specifications' 11/29/02 Equipment installed' 11/25/02 Network testing' 12/9/02 City approval of LAN plans and specifications' 12/16/02 Service Availability' 12/23/02 Local area network installation completion' 1/3/03 Interconnection for services outside of City limits' 1/15/03 Service charges for Internet access services available' 1/15/03 'Due diligence includes C.P.I. submittal of evidence in accordance with the I -Net Services Agreement that it has secured financing, a surety bond, a technical support agreement, and site drop route plans and specifications. 'Completed under I -Net Services Agreement N:\CCOUNCIL\ORIGINAL\fibengreement5.wpd • • Attachment C Proposed Fiber Optic Wide Area Network Use Agreement 0 9 N:\CCOUNCIL\ORIGINAL\fiberagreement5.wpd FIBER OPTIC WAN USE AGREEMENT This Fiber Optic Wide Area Network or WAN Use Agreement ("Agreement") is made this day of , 2002, by and between NORTHLAND CABLE TELEVISION, INC., a Washington corporation ("Northland") and the CITY OF PORT ANGELES, a municipality governed under the laws of the State of Washington ("City"). Background Northland is the cable television operator serving the City of Port Angeles, Clallam County, Washington, and nearby areas. The City desires to acquire an exclusive right to activate and use a certain portion of the dark fiber optic filaments (which have been or will be constructed by Northland) to establish a fiber optic wide area network (the portion of such dark fiber optic filaments set aside for the exclusive use of the City being the "Fiber Link") for use in providing telecommunications services to public institutions and businesses but not to the general public. The City's exclusive right to activate and use a certain portion of the dark fiber optic filaments includes: use of two existing dark fiber optic filaments that are within Northland's cable sheath that varies in size from four to one hundred and forty four dark fiber filaments, that each are approximately five miles in length; use of two dark fiber optic filaments that will be constructed by Northland that are within Northland's cable sheath containing a total of thirty six dark fiber filaments, that each are approximately four miles in length; and partial use of the space within seven nodes for electronic equipment to activate the network. The City or its assigned entity may use the Fiber Link and nodes for non-commercial and commercial purposes other than Cable Services as defined by the Cable Television Franchise Ordinance No. 3116. By entering into this Agreement, Northland has not fully satisfied Section 8 - Institutional Network, of Cable Television Franchise Ordinance No. 3116. Agreements Northland and the City hereby agree as follows: 1. Design and Construction of the Fiber Link. 1.1 Northland shall construct a node -to -node wide area network using dark fiber optic transmission filaments to connect the nodes identified in Exhibits A and C. Northland shall have no responsibility to construct any portion of the Fiber Link from the nodes to any public institutions or businesses. Northland shall have no responsibility to activate any of the dark fibers constituting the Fiber Link. 1.2 Design and Performance Characteristics. Design services for the Fiber Link have been and shall be performed by Northland and by qualified engineers and other professionals selected by Northland in its sole and absolute discretion. The specific design, including but not limited to the specific dark fibers designated for the City's exclusive use, and A9e1 performance characteristics of the Fiber Link are set forth in Exhibits A and C. The drawings, designs, blueprints and other documents annexed to this Agreement or otherwise provided or furnished to the City in connection with the subject matter of this Agreement are copyrighted materials containing proprietary and confidential material owned by Northland and shall not become the property of nor be used or disclosed by the City or any person or entity employed by or affiliated with the City, whether or not the Fiber Link is completed, except with the prior written consent of Northland, which consent may not be withheld when legally required to be disclosed pursuant to Chapter 42.17 RCW. Submission or distribution of the drawings, designs, blueprints, specifications and other documents annexed to this Agreement or otherwise furnished to the City in connection with the subject matter of this Agreement to meet regulatory requirements or for other purposes necessary or convenient to the construction of the Fiber Link shall not be construed as publication, disclosure or use in derogation of Northland's common law copyright or other reserved rights. 1.3 Construction Activities. The construction of the Fiber Link and nodes shall be performed by Northland and/or by qualified construction contractors and suppliers selected by Northland in its sole and absolute discretion; provided, however, Northland shall have no responsibility to perform or have performed any construction -related activities from the nodes to buildings or within the buildings or any appurtenances thereto. The City shall be responsible for all construction -related activities from the nodes to buildings and within the buildings or any appurtenances thereto, including but not limited to the installation of any conduit described in Exhibit A. Construction specifications not otherwise set forth in Exhibit A shall be governed by the requirements set forth in either the latest edition of the National Electric Safety Code or the local electrical regulations, whichever is more stringent. 1.4 Construction Permits and Other Authorizations. Commencing on the mutual execution of this Agreement and the City's prepayment specified at Section 3.2, Northland shall use its commercially reasonable efforts to obtain all necessary permits, licenses or similar grants of authority to construct the Fiber Link and nodes. Northland shall submit plans and specifications on or before the effective date of this Agreement for City approval in accordance with Cable Television Franchise Ordinance No. 3116. The City shall cooperate and use its commercially reasonable efforts to assist Northland in filing the appropriate documentation required to obtain any permits, licenses or similar grants of authority needed to construct the Fiber Link and nodes. 1.5 Completion of Construction. Northland shall use its commercially reasonable efforts to complete the construction of the Fiber Link and nodes on or before October 21, 2002, after obtaining all necessary permits, licenses or similar grants of authority to construct the Fiber Link and nodes. The City shall promptly conduct a final inspection to verify completion of construction. 1.6 Testing of Completed Fiber Link and Nodes. Upon Northland's completion of the construction of the Fiber Link and nodes, Northland shall, on or before October 28, 2002, in accordance with the testing procedures set forth in Exhibit $, test or have tested the Fiber Link and nodes to demonstrate that the Fiber Link performs in accordance with Face 2 the specifications set forth in Exhibit A or as otherwise agreed by the parties. Upon City verification of completion of construction and testing by Northland, the City will issue formal written acceptance of the Fiber Link and nodes, which acceptance shall not be unreasonably withheld or delayed, and make payment in accordance with Subsection 3.1(2). 1.7 City Exercise of Institutional Network Fiber Option. In accordance with Subsection 8.1.2.(1) of Cable Television Franchise Ordinance No. 3116, the City exercises its option to include a minimum of 24 single -mode fibers in the institutional network backbone. 1.8 Amendment No. 1 to Cable Television Franchise Ordinance No. 3116. In accordance with Subsection 13.2 of Cable Television Franchise Ordinance No. 3116, upon execution of this Agreement the City and Northland hereby agree to execute amendment No. 1 to the Cable Television Franchise No. 3116. 2. Grant of License. Northland hereby grants the City an exclusive, assignable license to use the Fiber Link and nodes, as identified in Exhibits A and C, during the Initial Term and the Extended Term, if any, of this Agreement. Nothing herein shall be deemed or construed to prevent Northland from entering into similar agreements with other parties with respect to the use of fiber optic filaments and nodes or other distribution facilities that are not the subject of this Agreement. The City may sublease, or otherwise allow use of the License under this Agreement to Capacity Provisioning, Inc. or to any other person or entity provided that no assignment, sublease or grant of any rights to any third party by the City hereunder shall release the City from any of its duties or obligations under this Agreement. In the event that the City subleases, or otherwise allows use of the License under this Agreement, the City's assigned entity may, if so designated by the City, serve as a single point -of -contact to Northland for all activities relating to this Agreement. 3. Compensation. As partial consideration for Northland's performance hereunder, the City shall make the following payments to Northland: 3.1 Institutional Network Payment. As provided in Subsection 1.6, the City shall reimburse to Northland costs not to exceed $208,000.00 to construct and interconnect the Fiber Link and nodes in exchange for the City's right of use under this Agreement and in addition, the City will pay Northland a project management fee not to exceed $37,000.00 or 20% of cost. The total payment of $245,000.00 shall be deducted from the City's cost of the Institutional Network as specified in Subsection 8.11 of Cable Television Franchise Ordinance No. 3116. Furthermore, as added incentive to accelerate the completion of this phase of the Institutional Network the City agrees to pay Northland an additional project management fee of $55,000.00. In no event shall payments under this agreement exceed $300,000.00. In addition, the City has established a contingency for expenses that are approved by the City in an amount not to exceed ten percent (10%) of the total Fiber Link and node costs. Any payment for contingent expenses shall be deducted from the City's cost of the Institutional Network as specified in Subsection 8.11 of Cable Television Franchise Ordinance No. 3116. PIS 3 The City's cost to construct and interconnect the Fiber Link and nodes shall be verified by the City and payments shall be made by the City within fourteen (14) days of Grantee's request for payment as follows: (1) Payments including reimbursements of costs and pro rata project management fees upon City receipt of Grantee's request for payment containing all appropriate and complete invoices. (2) Final payment representing payment of the $55,000 additional project management fee following formal City acceptance of the "Initial Proof of Performance" described in subsection 1.6 herein, upon City's receipt of Grantee's request for payment containing all appropriate and complete invoices. 3.2 Monthly Payments. Commencing with the acceptance of the Initial Proof of Performance as set forth in Subsection 1.6 herein, the City shall prepay to Northland a prorated amount of one thousand four hundred dollars ($1,400.00) (equal to seven hundred dollars and no cents ($700.00), for each terminated fiber, with a total of two (2) total fibers to be provided), if any for the first month, and the full amount of one thousand four hundred dollars (1,400.00) per month, through December 31, 2002. Commencing January 1, 2003 through December 31, 2003 the City shall pay to Northland the monthly sum of nineteen hundred dollars ($1,900.00) (equal to nine hundred and fifty Dollars ($950.00) for each terminated fiber, with a total of two (2) total fibers to be provided). Commencing January 1, 2004 through the last month of the Initial Term of this Agreement, the City shall pay to Northland the monthly sum of two thousand four hundred dollars ($2,400.00) (equal to one thousand two hundred dollars ($1,200.00) for each terminated fiber, with a total of two (2) total fibers to be provided). Commencing with the commencement of the Extended Term (defined below), if any, and continuing each month during the Extended Term, if any, the City shall pay to Northland the monthly sum equal to the amount negotiated by the parties. Except for the institutional network payment and the prepayment, which shall be paid by the City as specified in Subsection 3.1 and 3.2 respectively, the City shall pay to Northland the above -stated amount, in advance, on or before the fifteenth (15th) day of each month during the Initial Term and the Extended Term, if any, of this Agreement. The City shall mail or otherwise deliver its monthly payments to Northland at the address specified in Section 26 or to such other address as Northland may specify in writing. Any amounts not paid as set forth above shall be subject to a late payment charge of ten percent (10%) of the amount then owing. The City's payment of monthly payments shall be contingent on Northland's performance of its obligations under this Agreement. 3.3 Excess Costs and Fees. The monthly payments described in Section 3.2 do not include any sales taxes, use taxes, rental taxes, gross receipt taxes, federal, state or local regulatory assessment fees, federal, state or local excise taxes, or any other taxes, fees, assessments, charges or levies which may be imposed by federal, state or local governments, or agencies thereof, with respect to this Agreement or the subject matter thereof (collectively, the "Taxes"). In the event that Northland, as a direct or indirect consequence of the exclusive use of the Fiber Link granted to the City as contemplated by this Agreement, incurs (i) Taxes, or (ii) any costs, fees or expenses associated with utility pole attachment or utility conduit use, which are in )a�e 4 excess of the charges paid by Northland prior to the date of this Agreement and which are attributable to the Fiber Link or any services provided thereon, or, in the event that future legislative and/or regulatory proceedings affect Northland's obligations pursuant to this Agreement, such costs will be passed on to the City and shall, in Northland's discretion, be added to the monthly payment provided in Section 3.2 upon written notice to the City or shall be paid by the City within 30 days of Northland's billing therefore. In accordance with Cable Television Franchise Ordinance No. 3116, franchise fees shall not be imposed upon or collected from Northland by the City as a result or consequence of this Agreement. 4. Term of Agreement. This Agreement shall commence as of the date first written above and shall continue until April 27, 2004 (the "Initial Term'); provided, however, the City may, on or before February 1, 2004 request an extension to this Agreement. Upon Northland's approval of the City's extension request (the "Extended Term"), the parties will be bound to the same terms and conditions as set forth herein (other than the pricing which may be negotiated by the parties subject to the terms hereof). Upon completion of the institutional network in accordance with the Cable Television Franchise Ordinance No. 3116, on or before February 27, 2004, Northland shall provide the City or to any other person or entity assigned by the City the first right of refusal to use two (2) of Northland's reserve fibers, which are not otherwise subject to the City's or its assignee's exclusive use, pursuant to the Cable Television Franchise Ordinance No. 3116 and this Agreement, for commercial purposes other than Cable Services. In the event that Northland fails to complete the institutional network in accordance with Cable Television Franchise Ordinance No. 3116 by February 27, 2004, at the option of the City or its assignee, which shall be provided to Northland in writing no later than February 27, 2004 and annually thereafter through May 31, 2017, Northland shall continue to be bound to the same terms and conditions as set forth herein at no additional or continuing cost to the City in accordance with Section 8.3.1 of the Cable Television Franchise Ordinance No. 3116. To the extent the Fiber Link and Node infrastructure provided under this Agreement is still in use and needed by the City beyond May 31, 2017, continued use of the Fiber Link and Node infrastructure under the same terms and conditions as set forth herein (other than the pricing which may be negotiated by the parties subject to the terms hereof) shall be allowed. 5. Representations and Warranties. The following representations, warranties and covenants are material inducements for the parties to enter into this Agreement. 5.1 The City and its assigned entity shall not use the Fiber Link in violation of any applicable federal, state or local law, regulation, ordinance, franchise, or in violation of any applicable court order. The City and its assigned entity shall not use the Fiber Link in violation of Cable Television Franchise Ordinance No. 3116. 5.2. None of the facilities of the City or its users or anyone acting on its behalf or pursuant to its authority shall interfere with the operational integrity of Northland's television cable system. 0 PJg4 5 5.3 Northland is a corporation in good standing and has the corporate power and authority to enter into and perform this Agreement. Northland shall maintain the Fiber Link and nodes, which shall be fully capable of operation, beginning from the date the City formally accepts the Fiber Link and nodes and continuing through the term of this Agreement. 5.4 The City is a Washington municipality and has the power and authority to enter into and perform this Agreement. 5.5 The City or its assigned entity may use the Fiber Link and nodes for non- commercial and commercial purposes other than Cable Services as defined by the Cable Television Franchise Ordinance No. 3116. 5.6 Northland shall warrant the Fiber Link and nodes for a period of one year following formal City acceptance and be responsible to promptly correct, at its own expense, all defects and errors in materials and/or construction that may arise during the warranty period. 6. Indemnification. 6.1 In addition to its indemnification obligations found elsewhere in this Agreement, the City or its assigned entity, if any, shall jointly and severally, defend, indemnify, protect and hold Northland and its officers, directors and employees harmless from and against any and all claims, demands, actions, judgments, costs (including without limitation reasonable a attorneys' and experts' fees), losses, expenses and liabilities of every kind or nature whatsoever which may arise in connection with or result, directly or indirectly, from (i) the City's or its assignee's use of the Fiber Link, (ii) the management or conduct of the City's or its assignee's activities, or (iii) any breach of or default in the terms, conditions, restrictions, representations, warranties or covenants agreed to or made by the City contained in this Agreement. 6.2 Northland shall defend, indemnify, protect and hold the City, its successors, assigns, officers, employees and elected officials harmless from and against any and all claims, demands, actions, judgments, costs (including without limitation reasonable attorneys' and experts' fees), losses, expenses and liabilities of every kind or nature whatsoever which may arise in connection with or result, directly or indirectly, from any breach of or default in the terms, conditions, restrictions, representations, warranties or covenants agreed to or made by Northland contained in this Agreement. 7. Node Access. 7.1 Northland shall provide to the City or its assigned entity access to the nodes for the purpose of connecting site drops, testing and inspection. The City or its assigned entity shall comply with Northland's node access policies and procedures. 7.2 The City or its assigned entity shall provide to Northland reasonable access to any of their facilities for the purpose of testing, inspection and maintenance of the Fiber Link. �aqe 6 8. Ownership of the F/O Filaments and Nodes; Taxes. Subject only to the limited rights granted hereunder to the City, all of the fiber optic filaments and nodes in Northland's cable system, including without limitation that portion that constitutes the Fiber Link, shall be owned by Northland and shall not be merged or otherwise annexed to any real or personal property connected thereto. The City or its assigned entity shall have no right to pledge, mortgage or otherwise permit a security interest or lien to attach to the Fiber Link or any part of Northland's cable television system. The City or its assigned entity shall indemnify, defend, and hold Northland harmless from and against any and all claims, demands and costs (including reasonable attorney fees) liabilities, causes of action or judgments arising out of or in any way related to any security interest, lien, encumbrance or legal process against the Fiber Link arising from any action or omission of the City or its assigned entity or asserted by any creditor of the City, or otherwise arising out of the use granted to the City or its assigned entity. Each parry shall be responsible for all property taxes imposed on its property. 9. Insurance. Northland and the City or its assignee agree that they will obtain and maintain sufficient insurance coverage, or self-insurance, to adequately protect their respective interest in the Fiber Link. 10. Early Termination of this Agreement. 10.1 Northland and the City or its assignee reserve the right to terminate this Agreement at any time upon breach by the other party of a material term or condition of this Agreement; provided that the non -breaching party has first given 60 days written notice specifying in reasonable detail the alleged breach or failure of compliance and demanding the cure of the breach. If said breach or failure to comply cannot reasonably be cured in 60 days, and the breaching party shall proceed promptly to cure the same with due diligence, the time for curing such failure to comply shall be extended for such period of time as may be reasonably necessary to complete such cure. 10.2 Without limiting the foregoing, Northland may terminate this Agreement at any time on 60 days prior written notice to the City or its assignee if any of the following events have occurred: 10.2.1 Northland's pole attachment and/or conduit use rights are terminated or expire and are not renewed, or become subject to conditions or restrictions such that continuation of this Agreement or the City's or its assignee's continued use of the Fiber Link and nodes as provided herein would be in violation of such conditions or restrictions. 10.2.2 Northland's franchise to provide cable television service or any easements, rights-of-way or other similar authorizations are terminated or expire and are not renewed, or become subject to conditions or restrictions such that continuation of this Agreement or the City's or its assignee's continued use of the Fiber Link and nodes would be in violation of such conditions or restrictions. 0 10.2.3 The City or its assigned entity uses the Fiber Link in violation of Cable Television Ordinance No. 3116, any applicable federal, state or local law, statute, regulation, ordinance, code or other legal requirement. 10.2.4 The City or its assigned entity uses the Fiber Link in violation of any applicable final order of any court or regulatory authority of competent jurisdiction. 10.2.5 Nothing in Subsections 10.2.3 or 10.2.4 shall be deemed to prevent the City from appealing the validity of any such legal requirement or order. If appeals procedures permit, the City or its assignee shall have the right to seek a stay in the enforcement of the legal requirement or order and to continue to use the Fiber Link during the appeals process. 10.3 Without limiting the foregoing, the City or its assignee may terminate this Agreement after December 31, 2002 upon 60 days prior written notice to Northland if any of the following events have occurred: 10.3.1 The City or its assigned entity discontinues the use of the Fiber Link and nodes. 10.3.2 The City's assigned entity discontinues performance of its contractural obligations to the City. 10.4 In the event of termination of this Agreement in accordance with this Section 10 after completion of construction in accordance with Subsection 1.5 or expiration of this Agreement, the monthly fee specified at Subsection 3.2 shall terminate, but no portion of the Institutional Network Payment or prepayment specified at Section 3 shall be refunded. 11. Limitation of Liability; Disclaimer of Representations and Warranties. 11.1 NORTHLAND SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY FOR THE CONTENT OF THE DATA OR FOR THE LOSS OF ANY DATA CARRIED OR TRANSMITTED OVER THE FIBER LINK OR FROM ANY INTERRUPTION OF SERVICE, INCLUDING BUT NOT LIMITED TO ANY DOWNTIME OF THE CITY'S OR ITS ASSIGNED ENTITY'S OPERATIONS, NOR SHALL NORTHLAND BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUES, LOST INCOME OR LOST COST SAVINGS) INCURRED BY THE CITY OR ITS ASSIGNED ENTITY AS A RESULT OF ANY INTERRUPTION OF SERVICE OR BREACH OR PARTIAL BREACH OF THIS AGREEMENT OR ARISING OUT OF ANY ACT OR OMISSION BY NORTHLAND OR ITS AFFILIATES, SUCCESSORS AND ASSIGNS, OR ITS OR THEIR EMPLOYEES, SERVANTS AND/OR AGENTS OR OTHERWISE ARISING UNDER THIS AGREEMENT. THE FOREGOING SHALL APPLY EVEN IF NORTHLAND HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. PaJ 8 11.2 EXCEPT AS EXPRESSLY SET FORTH HEREIN, NORTHLAND HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED. 12. Electrical Power. Northland shall directly pay the City for electric service within the City as and when due, including all charges, taxes, levies and assessments for electric service and all electrical power used in connection with the nodes within the Fiber Link. 13. Maintenance and Repair of the Fiber Link. Subject only to Force Majeure Events, Northland will perform maintenance and repair of the Fiber Link in accordance with the standards set forth in Exhibit A, or as otherwise mutually agreed in writing, throughout the Initial Term and the Extended Term, if any, of this Agreement; provided, however, the City shall promptly remit payment to Northland, within 30 days of Northland's billing therefore, at Northland's then -existing applicable rates for materials (including, among other things, fiber and fiber splices) and labor (including any applicable overtime), for maintenance or repair resulting from the City's, its assigned entity's, its employees', and agents' negligence or intentional misconduct or repair resulting from any Catastrophic Break. As used herein, a "Catastrophic Break" shall be any cut in the Fiber Link, however caused or severe, resulting in a disruption of service within the Fiber Link. The City shall provide written notice to Northland of any operational problems with the Fiber Link and will cooperate with Northland to effect any needed repairs. 14. Force Ma'eure. No to thisAgreement shall be considered in default in the J PAY performance of any of its obligations hereunder to the extent that the performance of such obligations, except the payment of money, is prevented or delayed by any cause beyond the reasonable control of the affected party, including, but not limited to, acts of God, acts of a public enemy, terrorists, war, riots, epidemics, earthquakes, fires, storms, hurricanes, blizzards, and other inclement weather, washouts, sinkholes, civic disturbances, explosions, strikes, lockouts, union jurisdictional disputes, inability to obtain or maintain permits or rights-of-way, inability after reasonable effort in the exercise of due diligence to obtain parts or materials or equipment, actions of utilities (not to be construed to include the parties), and any other cause (except inability to make monetary payments or obtain financing) not within the reasonable control of the parties (any such event being hereinafter referred to a "Force Majeure Event"). Each party to this Agreement shall give notice promptly to the other of the nature and extent of any event of Force Majeure Event claimed to delay or prevent its performance under this Agreement. 15. Severability. The invalidity under applicable law of any provision of this Agreement shall not affect the validity of any other provision of this Agreement, and in the event that any .provision hereof is determined to be invalid or otherwise illegal, this Agreement shall remain effective and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. 16. Waiver. No modification, amendment or waiver of or with respect to any provision of this Agreement, nor consent by either party to the breach of or departure from any of the terms and X96 9 • conditions hereof, shall in any event be effective or binding against such party unless it shall be in writing and signed by such party, and then such waiver or consent shall be effective only in the specific instance and for the particular purpose for which given. Neither any failure nor delay by either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise thereof preclude any future or further exercise thereof or the exercise of any other right, power or privilege. 17. Captions and Headings. The captions and headings are inserted in this Agreement for convenience only and shall in no event be deemed to define, limit, or describe the scope or intent of this Agreement, or of any provision hereof, nor in any way affect the interpretation of this Agreement. 18. No Inference Against Author. No provision of this Agreement shall be interpreted against any party because such party or its legal representative drafted such provision. 19. Legal Expenses. If any proceeding is brought by either party to enforce or interpret any term or provision of this Agreement, the substantially prevailing party in such proceeding shall be entitled to recover, in addition to all other relief as set forth in this Agreement, such party's reasonable attorneys' and experts' fees and expenses. 20. Exhibits. Each of the Exhibits listed below shall be incorporated into and shall for all purposes be deemed a part of this Agreement: Exhibit A -- Design and Performance Characteristics Exhibit B -- Testing Procedure Exhibit C -- Node Location Map. Any of such Exhibits may be later amended or revised by the mutual consent of the parties and such Exhibit, as so amended or revised, shall be incorporated into and shall for all purposes be deemed a part of this Agreement. 21. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall constitute one instrument. 22. Survival of Representations and Obligations. Sections 3.1, 6, and 11 shall survive termination or expiration of this Agreement, together with any accrued but unpaid payment obligations which arose prior to such termination or expiration. 23. Further Assurances. At any time and from time to time, upon the request of one party, the other party shall execute, deliver and acknowledge or cause to be executed, delivered and acknowledged, such further agreements, documents, and instruments and to do such other acts and things as the requesting party may reasonably request in order to fully effect the intent of this Agreement. PaJAO 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements and representations between the parties with respect thereto. 25. Relationship of the Parties. Nothing herein shall be deemed or construed to create or constitute a partnership, joint venture or agency relationship between the parties, and neither party is authorized to hold itself out or to act toward third parties or the public in any manner that would indicate the existence of any such relationship with the other. 26. Assignment. This Agreement, license, and the rights and obligations of the City hereunder may be assigned to Capacity Provisioning, Inc. or to any other person or entity provided, however, that prior to any such assignment by the City, the City shall provide Northland with a copy of the agreement, executed by the City and the potential assignee, whereby the potential assignee agrees to assume all of the obligations of the City herein, as of the date of such assignment. Northland shall have the right to assign and delegate this Agreement and its rights and obligations hereunder, in whole or in part, from time to time for any purpose; provided, however, that prior to any sale by Northland of the Fiber Link and nodes, Northland shall provide the City with an assignment and assumption agreement, executed by Northland and the potential buyer of the Fiber Link and nodes, whereby Northland agrees to assign all of its rights herein and such potential buyer of the Fiber Link and nodes agrees to assume all of the obligations herein, as of closing date of any such sale. 27. Notices. All notices required to be in writing hereunder shall be deemed given when personally delivered, or if mailed by certified or registered mail, three (3) days following deposit in the United States mail, postage prepaid, or if via telecopy or facsimile, when received, or if sent by courier service providing evidence of delivery, when actually delivered by such service, and sent to the following: If to the City: City of Port Angeles P.O Box 1150 Port Angeles, WA Glenn Cutler, P.E. Phone: (360) 417-4800 Facsimile: (360) 417-4709 If to Northland: Northland Cable Television, Inc. 1201 Third Avenue, Suite 3600 Seattle, WA 98101 Attention: Legal Department Phone: (206) 621-1351 Facsimile: (206) 623-9015 with a copy to: Northland Cable Television 725 East First Street Port Angeles, WA 98362 Attn.: System Manager Phone: (360) 452-8466 nn Pfim 11 • Fax: (360) 457-5901 Either party may change its designated address for notification by sending notice of such change in the manner provided above. IN WITNESS WHEREOF, the authorized representatives of the parties have executed this Agreement as of the date first set forth above. THE CITY NORTHLAND CITY OF PORT ANGELES NORTHLAND CABLE TELEVISION, INC. By By Richard I. Clark, Executive Vice President Its Q 12 EXHIBIT A 0 This is Exhibit A to that certain Fiber Optic WAN Use Agreement made on the day of ; 2002 (the "Agreement"), by and between NORTHLAND CABLE TELEVISION, INC., a Washington corporation (herein "Northland") and the CITY OF PORT ANGELES, a municipality governed under the laws of the State of Washington (herein, the "City"). Design and Performance Characteristics 1. Fiber Link Description - The Fiber Link will be designed and constructed as a wide area network connecting nodes by the following number of dark fibers. Any changes to node locations shall be mutually agreed upon in writing, and such changes shall satisfy the node location provisions of the Cable Television Franchise Ordinance No. 3116. Northland shall be responsible for obtaining all required easements to construct nodes. • Two (2) single mode dark fibers originating at the Clallam County Public Utility District interconnection, identified in Exhibit C; • Two (2) single mode dark fibers originating at the Clallam County Public Utility District interconnection, to the Washington Street Substation node, identified in Exhibit C; • Two (2) single mode dark fibers originating at the Clallam County Public Utility District interconnection, to a splice case located at P and Penn Streets, identified in Exhibit C; • Two (2) single mode dark fibers originating at the Washington Street Substation node, to the William Shore Memorial Pool node, identified in Exhibit C; • Two (2) single mode dark fibers originating at the William Shore Memorial Pool node, to the Valley Substation node, identified in Exhibit C; • Two (2) single mode dark fibers originating at the Washington Street Substation node, to the Laurel Substation node, identified in Exhibit C; • Two (2) single mode dark fibers originating at the Laurel Substation node, to the Corp Yard node, identified in Exhibit C; • Two (2) single mode dark fibers originating at the Corp Yard node, to the 16th and I Street node, identified in Exhibit C; 2. The demarcation points will be each node, unless an alternate demarcation point is mutually agreed to in advance of construction. Unless a different connector type is agreed to in advance, each fiber filament will terminate in a bulkhead cabinet using a SC/APC type connector. 3. Optical Fiber Description - The fiber optic filaments per manufacturer's specification will be matched clad type with atypical field mode diameter of 8.8 - 9.6 µm at a wavelength of 1310 run and 10.5 ± 1.0 µm at a wavelength of 1550 nm. The maximum attenuation of the fiber cable will be 0.35 dB/km at 1310 nm and 0.25 dB/km at 1550 nm. q 01 Pai 3 gft 4. System Design - A design of the Fiber Link system will be provided to the City and its assignee prior to construction. Included in the package will be proposed route drawings, cable storage locations, splice point locations and fiber splice matrix. Additionally, for each of the fiber paths calculated lengths fibers and path losses at 1310 and 1550 nm wavelengths will be illustrated. 5. System Construction - The Fiber Link construction will follow good construction and engineering practices as generally described in the Aerial Cable Placement and Buried and Underground Cable Placement sections of the Society of Cable Telecommunications Engineers (SCTE) "Recommended Practices for Optical Fiber Construction and Testing" handbook. 6. Node Enclosure - The City has a right to use up to fifty one (5 1) rack units within each node enclosure. • PV14 EXHIBIT B This is Exhibit B to that certain Fiber Optic WAN Use Agreement made on the day of , 2002 (the "Agreement"), by and between NORTHLAND CABLE TELEVISION, INC., a Washington corporation (herein "Northland") and the CITY OF PORT ANGELES, a municipality governed under the laws of the State of Washington (herein, the "City"). Testing Procedure Fiber Link Field Testing - Testing of the Fiber Link will be done in two phases during the Fiber Link construction: 1. Pre -installation - All dark fiber filaments will be tested at the time of material delivery for proper quality, quantity, and reliability, including but not limited to length, attenuation, and discontinuities. 2. After Node Installation and Splicing (Final Acceptance) - All dark fiber filaments will be tested after node installation and splicing for proper quality, quantity, and reliability, including but not limited to total path length, end-to-end attenuation, discontinuities, and splice loss. Testing will be done using procedures described in Sections 10.1 through 10.4 of the 1996 edition of Society of Cable Telecommunications Engineers' ("SCTE") "Recommended Practices for Optical Fiber Construction and Testing" handbook. A copy of the SCTE handbook is available at Northland's local business office. All test results will be documented for future reference. El Pa&A 5 r� Library Node included in Cable Television Franchise Ordinance No. 3116 relocated to Laurel Substation 0 EXHIBIT C Pa 6 Pump Station #7 I -Net Node included in Cable Television Franchise Ordinance No. 3116 relocated to 16th and I Port of Port Angeles Node included in Cable Television Franchise Ordinance No. 3116 relocated to Valley Substation &M, City Hall Node included in Cable Television Franchise Ordinance No. 3116 relocated to William Shore Memorial Pool PUD interconnection using splice case • 26 • • • NGELES DATE: AUGUST 20, 2002 To: MAYOR WIGGINS AND CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works and Utilities RE: Proposed Institutional Network Services Agreement Summary: As a result of the direction of the Utility Advisory Committee (UAC) and City Council to staff on the institutional network (I -Net) fast-track concepts and approach, an I -Net Services Agreement (I -Net Services Agreement) has been negotiated with Capacity Provisioning, Inc. (C.P.I.) to enable early activation of the I -Net dark fiber backbone and nodes. As part of the proposed Agreement, approval of a Telecommunications Master Permit and Interlocal Agreements are recommended. Recommendation: Subject to approval of the proposed Fiber Optic WAN Use Agreement (separate staff report), it is recommended by the UAC and staff that City Council authorize the Mayor to execute the proposed Institutional Network Services Agreement and Telecommunications Master Permit with Capacity Provisioning, Inc. and authorize the City Manager to execute Interlocal Agreements for the acquisition of I -Net Services with public institutions. Background/Analysis: On May 14, 2002, staff provided a presentation to the UAC on I -Net activation and site drop alternatives. At the direction of the UAC, Staff began to develop a fast- track concept and approach to compress the I -Net completion schedule. On June 4, 2002, the management oversight committee directed staff to pursue an I -Net activation agreement with C.P.I., a local service provider, who has been actively soliciting this opportunity over the last year. On June 11, 2002, the UAC authorized staff to proceed with the fast-track concepts and approach. On June 17, 2002, the City Council approved consulting services in support of the fast-track concepts and approach and construction of the I -Net. On July 9, 2002, the UAC received an update on the progress of the negotiation with C.P.I. On June 19, 2002, a meeting was held with C.P.I. and a core group of potential I -Net users to review C.P.I.'s qualifications and proposed Foundry I -Net node equipment. Another meeting with potential I -Net users was held on June 26, 2002 to review a draft I -Net Service Agreement prior to a negotiation with C.P.I. On July 2, 2002, staff held another meeting with potential I -Net users to review the revised draft Agreement. A total of seven negotiation sessions were held from June 28th through August 9, 2002. A total of four management oversight committee meetings, including Councilmembers Orville Campbell and Karen Rogers, were held to provide N:\CCOUNCIL\ORIGINAL\I-Netserviceagreement7.wpd 27 Proposed I -Net Services Agreement Page 2 August 20, 2002 guidance to staff during the negotiation period. On July 29, 2002, the UAC postponed action on the fast-track when it provided the Clallam County Public Utility District No. 1 (District) an opportunity to submit a proposal as to how the City and District could cooperate in providing I - Net services. On July 30, 2002, staff invited the District to submit a written proposal that would be considered at the UAC's August 13, 2002 meeting. On August 1, 2002, the District held a meeting with potential I -Net users to discuss concerns about the City's fast-track plans and approach, followed by a meeting on August 2, 2002 with the District, potential I -Net users, and the City to discuss community network topics. The District did not submit a proposal for the UAC's consideration. On August 13, 2002, the UAC unanimously recommended City Council approval of the fast-track. As a result of the concerns and input from the District, Clallam County, and other potential I -Net users, several worthwhile revisions to the proposed Agreement with C.P.I. were made including: open access to the I -Net to retail Internet service providers (section 2.10); wholesale access to the I -Net to other retail service providers (section 2.10(2)); if C.P.I. makes an arrangement with the District, additional interconnections with the District to mutually improve network redundancy and quality of service (section 2.10(1)); a revision to the Service Levels exhibit for transient packet loss (Exhibit 6.4); and a reopener that would allow amendments to the proposed Agreement (section 5.16). In addition, the opportunity for C.P.I. and the District to collaborate on I -Net equipment and network operation and management, was verbally agreed upon. Such a collaboration, if agreed upon by C.P.I. and the District, would require further discussions but would not require any changes to the I -Net Services Agreement. Agreement summary The I -Net Services Agreement will provide fiber optic connections to the City, institutionsthat enter into an interlocal agreement with the City, and businesses within the City limits. As part of the proposed Agreement, C.P.I. would construct approximately 13 miles of fiber optic site drop infrastructure to provide wide area networking services to 35 municipal facilities and install Foundry Networks Big Iron 4000 equipment in 3 of the 6 I -Net node enclosures. A non- recurring base service charge was negotiated in exchange for a right to use City site drops without any further charges. Please refer to Attachment A for a summary of the main sections of the proposed Agreement. A summary of the milestones and schedule is included as Attachment B. The proposed I -Net Services Agreement is included as Attachment C. Staff will present changes to the proposed Agreement to City Council, if any, made after the August 13, 2002 UAC meeting. There are numerous benefits to proceeding with the I -Net fast-track plan and schedule. C.P.I. benefits include ease of market entry, reduced investment requirements, and the City as an anchor customer. Northland benefits include new dark fiber lease revenue, I -Net construction combined with their network upgrade, and satisfaction of certain franchise requirements. Institutions and businesses will benefit from the availability of broadband and advanced services, N.\CCOLJNCIL\ORIGINAL\I-Netserviceagreement7.wpd 28 • Proposed I -Net Services Agreement Page 3 August 20, 2002 another service provider alternative, and below market rates for services due to a low cost backbone infrastructure. If C.P.I. makes an arrangement with the District, the District's benefits may include a wholesale services revenue opportunity to C.P.I. with minimum capital investment, satisfaction of PUD/City common customer needs, improved logical network redundancy, and improved physical network redundancy if an amendment is completed to their telecommunications right-of-way license. The I -Net will support and promote economic diversification of the community in the areas of telecommunications and advanced technology. Assuming the fast-track is successful, the I -Net would help achieve the City's economic development goals and objectives much earlier than the April 2004 scheduled availability date. Beyond the economic development benefits, City benefits include reduced fiber optic infrastructure overbuilding, eliminating the need for City development of a fiber optic infrastructure, satisfaction of the City's business plan goals, investment and risk sharing with private sector partners, and a modern wide area network that satisfies municipal needs. The I -Net will be fully compatible with the HTE software and hardware implementation that's currently underway. Proposed capital costs There are two cost components of the I -Net including capital and operating expenses. As part of the Community Telecommunications Action Plan, staff estimated the capital cost of the fiber optic backbone would be $1,500,000, which did not include any costs for last mile infrastructure, network equipment or local area network (LAN) costs within municipal facilities. As part of the fast-track plan and approach, staff estimated the cost of the I -Net, including last mile infrastructure and network equipment was in the range of $830,000 to $980,000. The estimate also did not include ongoing network operation, maintenance and management, LAN costs and services. The City's negotiated cost for the proposed I -Net Services Agreement and the Fiber Optic WAN Use Agreement for the backbone, last mile infrastructure, and network equipment is $893,100, which is within the estimate cost range. A summary of the individual and combined costs under the proposed I -Net Services Agreement and the WAN Use Agreement is included in Attachment D. C.P.I. will provide the City an I -Net growth discount which would lower the City's service charges under the proposed Agreement. The I -Net growth discount will be provided to the City over the network's fifteen year service life. Proposed operating costs The City operating expenses for wide area networking service charges within the City, including network operation and management under the I -Net Services Agreement, is $6,523 per month including public utility tax. 29 N:\CCOUNCIL\ORIGINAL\I-Netserviceagreement7.wpd Proposed I -Net Services Agreement Page 4 August 20, 2002 • All capital and operating expenses related to the I -Net will be budgeted out of the light fund and costs will be recovered by allocation to the City's general, equipment services, solid waste, and water/waste water funds. As part of the 2003 proposed budget, the monthly cost allocation to the general fund will be $1,720, equipment services fund $41, solid waste fund $374, water/waste water fund $1,011, and light fund $3,377. Future Internet access and voice over Internet protocol (VoIP) expenses under the Agreement, if approved, will be paid out of the light fund and costs will be allocated to other funds. The cost allocation will provide revenue to repay the City light fund for a share of the capital and operating expenses over the network's fifteen year service life. Telecommunications master permit As part of the proposed I -Net Services Agreement, C.P.I. will construct site drops from the I -Net nodes to businesses and public institutions within the City and will provide wholesale and retail telecommunications services to public institutions and business end users within the City. To enable such activities, as a housekeeping matter, a master permit is required by the City's telecommunications ordinance. City approval of the telecommunications master permit is subject to approval of the proposed I -Net Services Agreement. A copy of the proposed master permit was not included and is available upon request. • 30 N.\CCOUNCIL\ORIGINAL\I-Netserviceagreement7.wpd • • • Attachment A Summary of the proposed Institutional Network Services Agreement Main sections Section summary The term of the agreement would be seven years unless extended by the City for a maximum term of ten years. A City required technical upgrade may increase the maximum term to fifteen years. The Fiber Optic WAN Use Agreement would be assigned to Capacity Provisioning, except that Special the City will be responsible for payments to Northland. A due diligence Provisions period is needed to provide time for Capacity Provisioning to secure §2 financing, a surety bond, enter into a technical support agreement with the equipment manufacturer, prepare plans and specifications for the City's site drops, and undergo background checks. The Agreement provides open access to the I -Net by Internet service providers and wholesalers. A section titled reopener allows amendments to the Agreement. C.P.I. will provide the City fully functional services for wide area Services and Site networking within the City, within the County, and Internet access. A Drops total of 35 City facilities will be connected via fiber optic site drops to I- §3 Net nodes. C.P.I. will be responsible for I -Net operation, maintenance and management. Furthermore, C.P.I. will be responsible for marketing, billing and all other wholesale and retail services under the Agreement. Non-recurring base service charge: $310,000 Non-recurring base charge contingency: $31,000 Non-recurring connection base charge: -------------$600/Facility ------------------------------------------------------------ C.P.L Charges Local area network installation services charge: NTE $60,000 §4 Wide area networking within City service charge: $6,523/Month ------------------------------------------------------------------------- Wide area -networking within County service charge: TBD by 1/15/03 ------------------------------------------------------------------------ Monthly Internet access base service charge: TBD by 1/15/03 ------------------------------------------------------------------------- Monthly voice over Internet -protocol service charge: Upon City request ------------------------------------------------------------------------- Local area network services charge (as needed): $80/Hour Non-recurring connection base charge: $600/Facility ------------- Regular $165/Month- Wide area networking within City service charge: $165/Month Commercial Commercial Charg--------------- ------------------------------------------------------------------------- Wide area networking with County service charge: ---TBD by 1/15/03 -- - §4 Monthly Internet access base service charge: TBD by 1/15/03 Monthly voice over Internet -protocol service charge: Upon a request N:\CCOUNCIL\ORIGINAL\I-Netserviceagreement7.wpd 31 Attachment A - Continuation Summary of the proposed Institutional Network Services Agreement Main sections Section summary City I -Net growth discount: $55/Month/Port City Revenues from C.P.I.--------------------- ----------------------- ----------- ----------------------- -- ------ - --- attachment fees (2002 rate): ---------------------- $8_50/attachment Public utility tax: 5.5% of C.P.I. gross revenues C.P.I. personnel with access to node equipment and network operation and management software will be subject to a background check. The Network Security network security for the virtual local area network (VLAN) that will be a §2 and §6 common/shared network shall comply with industry standards. The City would coordinate and pay for additional security measures if necessary, such as a virtual private network (VPN), with C.P.I. to ensure compatibility with the VLAN. Risk management features of the Agreement include City termination of the Agreement if C.P.I. fails to comply with the due diligence requirements or upon a breach of the Agreement by C.P.I. Additional risk Risk management management features include City payment of the non-recurring base & Miscellaneous charge upon the availability of services, a City first right of refusal to Provisions acquire the I -Net node equipment, customer premise equipment and site §S drops under certain conditions. The City can also file an equipment lien to secure its payment. Furthermore, the City can impose and collect liquidated damages if C.P.I. fails to comply with the Agreement. The reopener section established a procedure for amending the Agreement that also mitigates risk. Exhibit 6.1 incorporates the Fiber Optic WAN Use Agreement into the I - Net Services Agreement. Exhibit 6.2 establishes the I -Net services expedited schedule Exhibit 6.3 specifies the City site locations that will be served and service requirements. Exhibits Exhibit 6.4 includes the network service level requirements that C.P.I. §6 shall maintain. Exhibit 6.5 provides the service charges for the City and regular commercial customers. Exhibit 6.6 incorporates an interlocal agreement for acquisition of I -Net services that would be available to extend the privileges of the Agreement to institutional agencies without a separate negotiation. N:\CCOL)NCIL\ORIGINAL\I-Netserviceagreement7.wpd 32 • • 7 • Attachment B Fast -Track Milestones and Schedule Milestone Completion Date Agreement approval 8/20/02 Occupation license obtained 8/21/02 Personnel information subject to background check 8/26/02 Due diligence' 8/30/02 City approval of site drop construction permit application 9/11/02 Northland construction and node interconnection 10/21/02 Northland fiber link and node testing2 10/28/02 Site drop construction completion 11/11/02 LAN plans and specifications 11/29/02 Equipment installed 11/25/02 Network testing 12/9/02 City approval of LAN plans and specifications 12/16/02 Service .Availability 12/23/02 Local area network installation completion 1/3/03 Interconnection for services outside of City limits 1/15/03 Wide area networking service within County service charge: 1/15/03 Service charges for Internet access services available 1/15/03 'Due diligence includes C.P.I. submittal of evidence in accordance with the I -Net Services Agreement that it has secured financing, a surety bond, a technical support agreement, and site drop route plans and specifications. 2Completed under Fiber Optic Wide Area Network Use Agreement N:\CCOLTNCIL\ORIGINAL\I-Netserviceagreement7.wpd 33 Attachment C Proposed I -Net Services Agreement 11 • • N:\CCOUNCIL\ORIGINAL\I-Netserviceagreement7. wpd INSTITUTIONAL NETWORK SERVICES AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND CAPACITY PROVISIONING, INC. PURPOSE RECITALS 1. DEFINITIONS 2. SPECIAL PROVISIONS 2.1 Agreement is Non -Exclusive 2.2 Occupation License Required 2.3 Master Permit Required 2.4 Agreement Term 2.5 Cooperative Service Acquisition Agreements 2.6 WAN Agreement Assignment and Payments 2.7 Due Diligence 2.8 Surety Bond 2.9 Certification 2.10 Service Options 2.11 Local Area Network (LAN) Services 2.12 Background Checks 3. SERVICES AND SITE DROPS 3.1 City Service Locations 3.2 Additional City Sites 3.3 Services Provided to the City 3.4 Service Levels 3.5 Site Drop Ownership and Maintenance 3.6 City Site Drop Route Plans, Procedure and Schedule 3.7 Non -City Site Drops 4. SERVICE CHARGES AND PAYMENT 4.1 C.P.I. Base Service Charges 4.2 City I -Net Excess Capacity Charge 4.3 City Public Utility Tax 4.4 City Pole Attachment Charge Credit 4.5 Invoicing and Payment 5. MISCELLANEOUS PROVISIONS 5.1 Notices 5.2 Confidentiality 5.3 Reports 5.4 Indemnification/ Hold Harmless 5.5 Assignment 5.6 Survival 5.7 Violations and Remedies 5.8 Termination 5.9 City Right to Purchase 5.10 I -Net Node Equipment Lien 5.11 Other Remedies 5.12 Force Majeure 5.13 Severability 5.14 Entire Agreement page 1 5.15 Attorney's Fees 5.16 Reopeners 6. EXHIBITS 6.1 Fiber Optic WAN Use Agreement 6.2 I -Net Services Expedited Schedule 6.3 City Site Locations and Services Requirements 6.4 Service Levels 17J 6.5 Service Charges 6.6 Interlocal Agreement for Acquisition of Institutional Network Services • • page 2 INSTITUTIONAL NETWORK SERVICES AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND CAPACITY PROVISIONING, INC. PURPOSE THIS INSTITUTIONAL NETWORK SERVICES AGREEMENT (the "Agreement") between the City of Port Angeles, a Washington municipal corporation, hereinafter the "City", and Capacity Provisioning Inc., a subchapter S Washington corporation, hereinafter "C.P.I." is to: (1) Effect the assignment by the City to C.P.I. of the City's Fiber Optic WAN Use Agreement ("WAN Agreement") with Northland Cable Television, Inca ("Northland") dated , and attached hereto as Exhibit 6.1. (2) Set forth the terms and conditions for provision by C.P.I. of Institutional Network Services consisting of wide area networking, broadband Internet access, voice over Internet protocol, local area network and other broadband telecommunications services ("I -Net Services") for non-commercial use by the City, and RECITALS WHEREAS the City is desirous of expediting I -Net Services for its own use as well as for other public institutions and businesses in Port Angeles in advance of the scheduled deadline of February 27, 2004, at which time a dark fiber institutional network ("I -Net") for use by the City and service providers will be completed by Northland, and WHEREAS the City is in the process of implementing an integrated software and related hardware system for municipal business purposes that will rely upon local area networks within City facilities and the I -Net for current and future applications that require broadband communications capability between City facilities, and WHEREAS, the City and Northland have entered into a WAN Agreement to permit use of existing excess Northland infrastructure as a means of expediting I -Net services while the City I -Net is being constructed, and WHEREAS, Section 25 of the WAN Agreement permits the assignment by the City of said WAN Agreement, and the City agrees to assignment of said WAN Agreement to C.P.I., and WHEREAS, the City is desirous of receiving I -Net Services, and C.P.I. is desirous of providing said I -Net Services and represents that it can do so in accordance with the City's expedited schedule attached hereto as Exhibit 6.2, and WHEREAS, C.P.I. represents that it is in full compliance with the laws of the State of Washington and/or other applicable requirements to provide said I -Net services, and WHEREAS, C.P.I. represents that it has the adequate background, experience, certifications, ability, and the technical, financial and legal resources available to perform the requirements of this Agreement, and has submitted its qualifications and those of its I -Net node equipment vendor to the City and the City's I -Net Technical Advisory Committee, and WHEREAS, the City and its I -Net Technical Advisory Committee, which consists of representatives of various institutions in the City, have reviewed C.P.I.'s submittals and are satisfied that C.P.I. and its I -Net node equipment vendor are qualified to provide said I -Net services in accordance with the terms and conditions of this Agreement, and WHEREAS, C.P.I. is a local Port Angeles business, recently incorporated in 2001, has invested in approximately 10 miles of fiber optic cable within the City and an additional 10 miles are currently under construction, and the City in accordance with its fiber optic business plan goals, is striving to minimize the duplication of telecommunications infrastructure and accomplish its economic development goals to page 3 support and promote diversification of the community in the areas of telecommunications and advanced technology, and WHEREAS, C.P.I. has or will be investing approximately $620,000 in providing the infrastructure and equipment in fulfillment of its obligations under this Agreement; NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants and agreements set forth below, the parties hereto agree as follows: 1. DEFINITIONS Words and terms shall be given their ordinary and usual meanings. The meanings shall be applicable to the singular, plural, masculine, feminine and neuter of the words and terms. Where used in this Agreement, the words and terms set forth in Section 11.14.020 of Chapter 11.14 of the Port Angeles Municipal Code (PAMC), Telecommunications Facilities within Rights -of -Way, and the Cable Television Franchise Ordinance No. 3116 shall be applicable to the same terms as used in this Agreement, except as modified herein. 2. SPECIAL PROVISIONS 2.1 Agreement is Non -Exclusive This is a non-exclusive Agreement for the purpose of providing retail telecommunications services within the City, excluding cable television services consistent with the Cable Television Franchise Ordinance No. 3116, by utilizing the I -Net backbone and nodes. Any other substantially similar I -Net services agreement entered into by the City shall be on a competitively neutral basis, taking into account without limitation C..P.I.'s obligations under this Agreement. 0 2.2 Occupation License Required From and after the effective date of this Agreement and throughout the Term of this Agreement, C.P.I. shall obtain an occupation license from the City pursuant to Chapter 5.80 PAMC, Licensing and Taxation. C.P.I.'s telecommunications services gross revenues, including all charges within Exhibit 6.5, shall be subject to a public utility tax, also in accordance with Chapter 5.80 PAMC, Licensing and Taxation. Telecommunications services gross revenues do not include the provision of Internet service as defined in the revised code of Washington (RCW) 82.04.297, in accordance with Chapter 5.80 PAMC. C.P.l. shall pay any additional federal, state, local and City taxes as may be levied, imposed or due from carriers, operators, providers, their customers or subscribers, or on account of the lease, sale, delivery or transmission of telecommunications services, provided said amounts may be added to the charges the City is required to pay pursuant to this Agreement. 2.3 Master Permit Required Prior to construction of any telecommunications facilities in, under, over or across any rights-of-way of the City to provide telecommunications service, C.P.I. shall first obtain a Master Permit from the City pursuant to Chapter 11.14 PAMC, Telecommunications Facilities within Rights -of -Way. C.P.I. shall not allow other wholesale or retail service providers to provide telecommunications services under this Agreement until such service providers have received all requisite licenses, certificates and authorizations from the City, Federal Communications Commission, the Washington Utilities and Transportation Commission, or any other federal or state agency having jurisdiction. 2.4 Agreement Term This Agreement shall commence as of the date of the execution of this Agreement and shall continue for seven (7) years (the Initial Term); provided, however, the City at its own discretion may, on or page 4 before 30 days prior to the expiration of the Agreement, grant annual one (1) year extensions of this Agreement, to extend the total term up to a maximum of ten (10) years (the Extended Term), subject however to the governing terms of the City/ Northland WAN Agreement, Cable Television Franchise Ordinance No. 3116 and the same terms and conditions as set forth herein (other than Exhibit 6.5 schedule 2 and 3 pricing which may be negotiated by the parties). Upon commencement of the Extended Term, if any, the City agrees to pay the base monthly service charge shown in Exhibit 6.5 Schedule 1.A. for wide area networking and site drop services to City facilities included in Exhibit 6.3 schedules 1 and 2 for a total number of equivalent 100 Mbps Ethernet ports equal to eighteen (18). During the Extended Term, if any, the City, institutions, and businesses shall be provided at least,thirty days advance notice of any changes to Exhibit 6.5 schedules 2 and 3. C.P.I. shall complete and return Exhibit 6.5 to the City, institutions, and businesses to satisfy the advance notice requirement. The Term of this Agreement may exceed the Initial and Extended Terms if the I -Net node equipment and/or customer premise equipment is upgraded to match current technology in accordance with Section 5.16. The City and C.P.I. shall mutually agree upon the upgrade implementation schedule and an amendment to Section 2.4, Exhibit 6.5., and other terms and conditions of this Agreement. Upon completion and written City acceptance of such upgrade, the Term of this Agreement shall be increased by a minimum of five years. 2.5 Interlocal Agreement for Acquisition of Institutional Network Services C.P.I. agrees to allow the City to enter into Interlocal Agreements with other governmental and public institutions, pursuant to RCW 39.34, to extend the privileges, terms and conditions of this Agreement made with C.P.I. to the extent permitted by law, to institutions entering into such Interlocal Agreements with the City, and attached hereto as Exhibit 6.6. 2.6 WAN Use Agreement Assignment and Payments The City and Northland have entered into a WAN Agreement dated and attached hereto as Exhibit 6.1. In the WAN Agreement, Northland has granted to the City or its assigned entity an exclusive right to activate and use certain portions of Northland's fiber optic infrastructure, to establish a fiber optic wide area network ("Fiber Link"), including Nodes, for use in providing retail telecommunications services to public institutions and businesses including home offices but not to the general public. The City, as sublessor, agrees to assign all of its right, license and interest in its WAN Agreement with Northland to C.P.I., as sub lessee, for C.P.I.'s use in providing retail telecommunications services to the City, public institutions and businesses including home offices but not to the general public consistent with Chapter 11.14 PAMC, Telecommunications Facilities within Rights -of -Way and the Cable Television Franchise Ordinance No. 3116. C.P.I. hereby assumes all obligations of the WAN Agreement, except as provided in this Section, and agrees to perform and discharge those obligations in accordance with its terms and conditions. C.P.I. agrees to indemnify the City against any losses, claims, damages or liabilities to which either or both parties may become subject to or which arise out of, or in connection with, the WAN Agreement. The City shall be responsible for and timely pay to Northland the I -Net payment required by Section 3.1 and the monthly payments required by Sections 3.2 and 3.3 of the assigned WAN Agreement. Upon the completion of the I -Net under the Cable Television Franchise Ordinance No. 3116, which is anticipated no later than February 27, 2004, C.P.I. shall interconnect the I -Net fibers to I -Net node equipment for City and institutional use and shall have continuing City consent to use up to twenty five (25) rack -units within each I -Net node enclosure and up to eight (8) dark fibers throughout the I -Net backbone. Upon C.P.I. request, additional rack -units and dark fibers may be provided by the City subject to a charge to be paid by C.P.I. and reasonable contractual restrictions by the City based on competitive market conditions. To the extent the I -Net will be utilized by businesses after February 27, 2004, as the City's assignee and in accordance with the Fiber Optic WAN Agreement, C.P.I. shall be provided the first page 5 right of refusal to use two (2) of Northland's reserve fibers under the Cable Television Franchise Ordinance No. 3116 for commercial use subject to a charge to be paid by C.P.I. and reasonable contractual restrictions by Northland based on competitive market conditions and shall have continuing City consent to use up to twenty five (25) rack -units within each I -Net node enclosure and up to eight (8) dark fibers throughout the I -Net backbone. To the extent that C.P.I. requires continued use of I -Net enclosures beyond termination, cancellation or expiration of this Agreement, upon C.P.I. written request which must be received by the City within sixty (60) days of termination, cancellation or expiration of this Agreement, C.P.I. shall be entitled to irrevocable use of up to twenty five (25) rack -units within each I -Net node enclosure, subject to a charge to be paid by C.P.I. and reasonable contractual restrictions by the City based on competitive market conditions, continuing beyond termination, cancellation or expiration of this Agreement, as provided in Section 5.6, Survival 2.7 Due Diligence On or before August 26, 2002, C.P.I. shall provide the City a list of names, addresses, and social security numbers for C.P.I. personnel that will be permitted to have access to I -Net node equipment and network operation and management software. Such C.P.I. personnel may be subject to a background check in accordance with Section 2.12. On or before August 30, 2002, C.P.I. shall submit evidence that: (1) It has the financial resources to fulfill 'its obligations under this Agreement and shall file contemporaneously with the execution of I -Net node equipment loan agreements, if any, a Uniform Commercial Code U.C.C.-1 Financing Statement with the Washington State Department of Licensing. (2) It has obtained a surety bond, if required, in accordance with Section 2.8. (3) It has entered into an agreement, including technical support, with an I -Net node equipment manufacturer and that the service levels described in Exhibit 6.4 will be met. (4) The City site drop route plans in accordance with Section 3.6 have been submitted to the City. 2.8 Surety Bond If C.P.I. needs to obtain financing to fulfill its obligations under this Agreement, then C.P.I. shall provide a surety bond with a surety company approved by the City, in an amount equal to the cost of the I - Net node equipment and customer premise equipment at City sites financed during the Initial Term of this Agreement, to secure C.P.I.'s performance of its obligations and faithful adherence to all requirements of this Agreement. The bond shall contain the following endorsement: "It is hereby understood and agreed that this bond may not be canceled by the surety nor any intention not to renew be exercised by the surety until thirty (30) days after receipt by the City, by certified mail, of written notice of such intention to cancel or not to renew". The rights reserved to the City with respect to the bond are in addition to all other rights of the City, whether reserved by this Agreement or authorized by law; and no action, proceeding or exercise of a right with respect to such bond shall affect the City's rights to demand full and faithful performance under this Agreement or limit C.P.I.'s liability for damages. 2.9 Certification C.P.I. certifies that the I -Net node equipment, customer premise equipment, and all work and materials furnished under this Agreement shall comply with the service level standards described in Exhibit 6.4 and accepted industry standards. 0 page 6 2.10 Service Options (1) C.P.I. shall make reasonable efforts to make arrangements with the Clallam County PUD No. 1 (District), and/or Northland, and/or Qwest to interconnect the C.P.I. network to provide wide area networking service with the District, Northland, and/or Qwest no later than January 15, 2003. Such arrangement shall provide wide area networking within both the City limits and Clallam County service areas, to the extent comparable wide area networking services within the Clallam County service area is available and commercially reasonable. C.P.I. shall complete and return Exhibit 6.5 Schedule 3 to the City no later than January 15, 2003. In addition, C.P.I. shall provide a detailed description of the network security to be provided by such interconnection which shall be considered confidential in accordance with Section 5.2. On or before August 20, 2004, within ninety (90) days of the City's request, C.P.I. shall provide another interconnection point, that provides a diverse physical route from Port Angeles to Sequim, to be specified by the City. The City shall not incur any charges until the City provides notice in writing to C.P.I. agreeing to pay the wide area networking service charges within Exhibit 6.5 Schedule 3 and the cost of the interconnections. If C.P.I. makes an arrangement with the District, the City may require that the arrangement includes a second redundant logical interconnection, in addition to the WAN Agreement, from an I -Net node to a District interconnection point to be specified by the City. The City shall not incur any charges until the City provides notice in writing to C.P.I. agreeing to pay for the cost of the interconnections. (2) C.P.I. shall make reasonable efforts to make arrangements with qualified service providers and commercial monthly charges shall be established for retail broadband Internet access services within the City limits. C.P.I. shall complete and return Exhibit 6.5 Schedule 1.E. and provide a schedule for regular commercial Internet access service charges to the City, for each retail service provider entering into an agreement with C.P.I., no later than January 15, 2003 to satisfy this requirement. C.P.I. charges to the City for retail broadband Internet access services shall be in addition to the charges included in Exhibit 6.5 schedule 1 for wide area networking. Upon the request of a qualified retail service provider, C.P.I. shall provide wholesale services subject to a charge to be paid by the retailer and reasonable contractual restrictions by C.P.I. based on competitive market conditions. The City shall not incur any charges until the City provides notice in writing to C.P.I. agreeing to pay the retail broadband Internet access service charges. C.P.I. agrees to make reasonable efforts to negotiate agreements with retail Internet service providers, whether affiliated or unaffiliated with C.P.I, to provide retail broadband Internet access services within the City. C.P.I. agrees to negotiate with all retail Internet service providers that currently conduct business on the North Olympic Peninsula and express an interest in such an arrangement with C.P.I. first; provided that if no such arrangements have been reached by October 15, 2002, C.P.I. may negotiate with any qualified retail Internet service provider. Said arrangements shall be subject to C.P.I. and retail Internet service providers reaching an agreement based on commercially reasonable terms and conditions. C.P.I. shall be permitted to provide wholesale broadband Internet access. C.P.I. shall also be permitted to charge a fee for wholesale Internet access, wholesale use of the I -Net, and wholesale use of C.P.I. I -Net node equipment, site drops, and all other appurtenant infrastructure. Furthermore, C.P.I. shall be permitted to impose `tv page 7 reasonable contractual restrictions based on competitive market conditions to retail broadband Internet service providers. 0 C.P.I. shall use commercially reasonable efforts to ensure that the retail broadband Internet access services provided over the I -Net will conform substantially to the following standards: A. The platform will be kept current with standards for interoperability with Internet protocol applications. B. The City, institutions and businesses that receive the service will be able to reach the Internet. C. The City hereby recognizes that C.P.I may provide wholesale Internet access and qualified service providers may provide retail Internet access services without obtaining other City approvals. 3. Upon written City request, C.P.I. shall establish a City base charge for fully scalable VoIP services including a suite of enhanced phone features for municipal facilities. Within ninety days of the City's written request, C.P.I. shall complete and return Exhibit 6.5 Schedules 1.D. to the City to satisfy this requirement. The City and C.P.I. shall mutually agree upon the VoIP implementation schedule. Upon completion and written City acceptance of such implementation, the City shall begin to incur a monthly base charge for VoIP services. The City shall not incur any charges until the City provides notice in writing to C.P.I. agreeing to pay VoIP service charges. Upon written City request, C.P.I. shall also establish a commercial monthly charge for VoIP services for institutions and businesses. 2.11 Local Area Network (LAN) Services During the first year of the Initial Term of this Agreement, upon establishing a mutually agreed upon schedule that is approved in writing by both parties, C.P.I. shall provide one hundred (100) hours of LAN services at no charge for services requested by the City including, but not limited to, LAN plans and specifications within municipal facilities, security, and Internet Protocol (I.P.) re -addressing planning and implementation. C.P.I. shall obtain written City approval of LAN plans and specifications and the I.P. re- addressing plan. The implementation schedule for the I.P. re -addressing plan shall be mutually agreed upon in advance of performing services and shall occur outside of normal City business hours. Upon written City approval of the LAN plans and specifications and cost schedule in accordance with Exhibit 6.2, C.P.I. shall provide LAN materials, hardware, and installation services for municipal facilities. Upon written City acceptance of the LAN installation services, the City agrees to pay for the LAN services in an amount not to exceed the cost schedule, actual cost of LAN materials, hardware, and installation services, or $60,000.00, whichever is the least amount. Upon written City request, C.P.I. shall provide additional LAN services for a charge, including but not limited to plans and specifications, training, network operation, network management, security and demand maintenance support for the City's LANs within municipal facilities. LAN demand maintenance services shall be available twenty-four hours a day, seven days a week. During normal operation conditions, C.P.I. shall respond to all demand maintenance services requests within two hours and make necessary repairs to the extent feasible to restore services within four hours of notification Monday through Sunday, 6 a.m. to 10 p.m. The charge for additional LAN services shall be in accordance with Exhibit 6.5 Schedule 1.1). Upon written City request, C.P.I. shall also provide LAN materials, hardware, and installation services for municipal facilities. The charges for LAN materials, hardware and installation services shall be mutually agreed upon prior to commencing work. 2.12 Background Checks C.P.I. personnel and any of C.P.I.'s subcontractor personnel that are permitted to have access to I - Net node equipment and network operation and management software during the term of this Agreement page 8 may be subject to a background check that shall be completed and approved by the City in its sole discretion which shall be considered confidential in accordance with Section 5.2. The information that may be included in a background check includes, but is not limited to, driving records, vehicle registration, credit records, criminal records, social security number, education records, professional certifications, State licensing records, court records, workers' compensation, bankruptcy, character references, neighbor interviews, medical records, property ownership, employment verification, and military service records. 3. SERVICES AND SITE DROPS 3.1 City Service Locations C.P.I. will provide I -Net Services at the City site locations listed in Exhibit 6.3. C.P.I. shall be responsible for all costs to provide fully functional I -Net Services, which have been included in its charges in Section 4 and within Exhibit 6.5. C.P.I. will provide limited universal availability of services to additional City, institution, and business site locations within the City. Limited universal availability of services within the City shall include expansion of C.P.I. I -Net node equipment within three (3) nodes that may be required to provide more than seventy-two (72) Ethernet ports. Limited universal availability of services within the City shall also include a standard overhead facility site drop from a site location that is within 1,500 lineal feet of the nearest I -Net node or 1,500 lineal feet of C.P.I. owned infrastructure. For any site locations not included in Exhibit 6.3 that require overhead facilities beyond 1,500 lineal feet or underground drops, C.P.I. may charge the City, institutions, and businesses for the actual cost for any such additional overhead facilities or underground drop installation. 3.2 Additional City Sites Additional City sites may be added during the term of this Agreement and all additional drops shall be governed by the same terms and conditions specified in this Agreement. The cost for additional site drops to City facilities not included in Exhibit 6.3 schedules 1 and 2 shall be in accordance with Exhibit 6.5 schedule 2.A. 3.3 Services Provided to the City C.P.I. shall provide wide area networking I -Net Services to the City in accordance with the service requirements contained in Exhibit 6.3. At no additional charge to the City, C.P.I. shall provide the I -Net node equipment, expansions to I -Net node equipment capacity as required, and I -Net operation, maintenance and management services required to meet its obligations to the City under this Agreement. C.P.I. shall also be responsible for marketing, billing and all other retail services necessary to provide regular commercial services under this Agreement. 3.4 Service Levels C.P.I. shall provide I -Net Services to the City and institutions and regular commercial services to businesses in accordance with the service levels contained in Exhibit 6.4 attached. 3.5 Site Drop Ownership and Maintenance All site drops, whether to City or non -City sites, shall be owned and maintained by C.P.I. unless otherwise agreed upon. Upon termination or expiration of this Agreement, C.P.I. agrees that all site drops will be "open access," available to other service providers who may use the drops to provide services. However, upon termination of this Agreement, use of non -City site drops by other service providers shall be subject to competitive, industry standard access charges. 3.6 City Site Drop Route Plans, Procedure and Schedule. C.P.I. shall provide fiber drops, consisting of a minimum of two (2) single mode fibers to each City site to be served as listed in Exhibit 6.3 schedules 1 and 2. page 9 Each site drop connection shall be terminated within fifty (50) feet of entering the applicable building using a City provided path at a mutually agreed upon point of demarcation in a C.P.I. standard termination panel, mounted on a City furnished backboard. C.P.I. shall prepare a site drop route plan from the applicable I -Net node to each City site to be served and detailed site plans for written City approval and permitting purposes in accordance with the I - Net Services Expedited Schedule (Exhibit 6.2), and as follows: (1) In preparing the plans and specifications, C.P.I. and the City agree to coordinate closely to ensure that the project requirements are met expeditiously. (2) C.P.L's plans and specifications shall be in sufficient detail to permit identification, correlation, verification and understanding of the components of C.P.L's plans and specifications. (3) The City will review the plans and specifications and shall provide written approval. (4) If revisions are required by the City, the plans shall be resubmitted by C.P.I. to the City and the City shall provide written approval. (5) In no event shall the City have any liability for any expenses C.P.I. incurs in preparation of such plans and specifications. (6) All site drop fibers and other C.P.I. provided fibers necessary to provide the services described in this Agreement shall be labeled at termination points to readily enable identification and ownership. (7) The site drops, I -Net node equipment, and customer premise equipment, including all splicing and testing, shall be fully complete, and operational in accordance with the I -Net Services Expedited Schedule (Exhibit 6.2). The City shall promptly conduct a final inspection to verify completion. (8) C.P.I. shall deliver as-builts of C.P.L's infrastructure and the site drops to City facilities, and an electronic copy of the as-builts in a mutually agreed upon format, showing identification and labeling of fibers. 3.7 Non -City Site Drops. Non -City site drops shall consist of a minimum of two (2) single mode fibers. C.P.I. shall construct such drops, subject to the requesting party's acceptance of an interlocal agreement (see exhibit 6.6) for acquisition of I -Net services in accordance with Section 2.5 or execution of an agreement with C.P.L. Payment for non -City site drops shall be incorporated with and as part of the maximum monthly service charges per Exhibit 6.5 Schedule 2.A, unless other payment arrangements are approved by C.P.I. The minimum term for non -City site drop charges shall be consistent with the Initial Term of this Agreement, unless otherwise approved by C.P.L. Each site drop connection shall be terminated within fifty (50) feet of entering the applicable building using a customer provided path at a point of demarcation mutually agreed upon by C.P.I. and the customer in a C.P.I. standard termination panel, mounted on a customer furnished backboard. 4. SERVICE CHARGES AND PAYMENT 4.1 C.P.I. Base Service Charges Upon the availability of services in accordance with Exhibit 6.2 the City agrees to pay a non- recurring base service charge in the amount of $310,000.00, which includes $140,000.00 for I -Net node equipment and $170,000.00 for City site drops. C.P.I. shall be responsible for all costs to provide fully functional I -Net node equipment and City site drops, which have been included in the non-recurring base service charge. In addition, the City has established a contingency for expenses that are approved by the City in an amount not to exceed ten percent (10%) of the non-recurring base service charge in the amount of $31,000. The City's payment for its site drops shall entitle it to exclusive, irrevocable use of the site drops without any further ongoing charges during the Initial Term and Extended Term, if any, continuing beyond page 10 • termination, cancellation or expiration of this Agreement, as provided in Section 5.6, Survival However, in the event the City continues its use of the site drops beyond termination, cancellation or expiration of this Agreement, the City shall pay a pro -rata share of C.P.I.'s reasonable maintenance costs for City site drops. Upon the availability of services in accordance with Exhibit 6.2 continuing throughout the Initial Term of this Agreement the City agrees to pay the base monthly service charge shown in Exhibit 6.5 schedule 1.A. for wide area networking and site drop services to City facilities within the City included in Exhibit 6.3 schedule 1 and 2 for a total number of eighteen (18) equivalent 100 Mbps Ethernet ports. City pump stations and electrical substations shall utilize three (3) equivalent 100 Mbps Ethernet ports of the eighteen (18) equivalent 100 Mbps Ethernet ports. The City agrees to pay the non-recurring connection charge shown in Exhibit 6.5 Schedule 1.13. for a C.P.I. standard termination panel and customer premise equipment installed at each City site. Upon written City request and acceptance of C.P.I. LAN services, the City agrees to pay the LAN charges shown in Exhibit 6.5 Schedule 1.C. The regular commercial monthly service charges shown in Exhibit 6.5 schedules 2 and 3 shall be available to additional City facilities, institutions, and businesses including home offices not included in Exhibit 6.3 schedules 1 and 2. The City base service charge and monthly service charges shall not be available to institutions or businesses. During the Initial Term, if mutually agreed. upon in accordance with Section 5.16, Exhibit 6.5 may be amended if more than three (3) I -Net nodes are required to have I -Net node equipment or an expansion to C.P.I.'s I -Net node equipment within three (3) I -Net nodes is required by the City. Charges shown in Exhibit 6.5 do not include any required local area network equipment, expenses within facilities beyond the C.P.I. standard' termination panel and customer premise equipment. C.P.I.'s customer count will be calculated and expressed as the total number of equivalent 100 Mbps Ethernet ports. The service charges within Exhibit 6.5 schedules 1 and 2 for wide area networking within the City shall be in effect throughout the Initial Term of this Agreement 4.2 City I -Net Excess Capacity Charge C.P.I. shall be responsible for and timely pay the City an I -Net excess capacity charge in accordance with Exhibit 6.5 schedule 2,13. to be added to utility tax payments to be paid by C.P.I. to the City. The I -Net excess capacity charge shall be collected from all institutions and businesses, excluding the City. 4.3 City Public Utility Tax The monthly service charges shown in Exhibit 6.5 do not include any City public utility taxes. C.P.I. shall collect utility taxes from all institutions and businesses, and remit such taxes to the City, in accordance with Section 2.2. 4.4 City Pole Attachment Charge Credit C.P.I. shall be responsible for and timely pay the City pole attachment charges in accordance with the Master Permit required in Section 2.3 and Chapter 13.14 PAMC. On or about July 15Y of each year, C.P.I. shall determine the total number of its pole contacts on City -owned poles as of the preceding day. C.P.I. may request a,credit against the annual charges payable to the City for the total number of C.P.I. pole contacts for site drop infrastructure made under this Agreement that are for the sole purpose of serving the City. The credit request shall be accompanied by a C.P.I. network route map that identifies all C.P.I. contacts on City -owned poles, all C.P.I. contacts on City -owned poles made under this Agreement that are for the sole purpose of serving the City, and all customer locations receiving C.P.I.'s services. If the City determines that the C.P.I. pole contacts are for the sole purpose of serving the City then the City shall grant the credit requested. page 11 4.5 Invoicing and Payment C.P.I. charges will be invoiced to the City monthly (12 invoice periods per year). City payment is due within 30 days of receipt of invoice. Thereafter, interest of 1.0% per month will be charged on the balance due. C.P.I. payment of City public utility taxes and I -Net excess capacity charges shall be paid to the City monthly. C.P.I. payment is due within 30 days of the end of the preceding calendar month. Each payment shall show the certified customer count and gross revenue subject to utility tax in accordance with this Agreement. 5. MISCELLANEOUS PROVISIONS 5.1 Notices All notices required to be in writing hereunder shall be deemed given when personally delivered, or if mailed by certified or registered mail, three (3) days following deposit in the United States mail, postage prepaid, or if via telecopy or facsimile, when received, or if sent by courier service providing evidence of delivery, when actually delivered by such service. All notices from C.P.I. to the City pursuant to this Agreement shall be directed to the City Manager at City Hall, 321 East Fifth Street, P.O. Box 1150, Port Angeles, WA 99362-0217, or to such officer as designated by the City Manager. All notices from the City to C.P.I. pursuant to this Agreement shall be directed to Mr. Bill Roberds, President, at Capacity Provisioning, Inc., 54 West Misty Lane, Port Angeles, WA 98362. 5.2 Confidentiality The City will maintain confidentiality of any and all information provided or made available by C.P.I. to the extent permitted by law when C.P.I. has notified the City of the confidential nature of the information. C.P.I. shall maintain confidentiality of all information about the City's LANs, WANs, network information and data under this Agreement. C.P.I. will maintain confidentiality of any and all additional information provided or made available by the City to the extent permitted by law when the City has notified C.P.I. of the confidential nature of the information. 5.3 Reports C.P.I. shall report to the City such information relating to this Agreement as the City may reasonably require to demonstrate C.P.I.'s compliance with the terms and conditions of this Agreement and shall comply with the City's reasonable determination of forms for reports, the time for reports, the frequency with which any reports are to be made, and if reports are to be certified. 5.4 Indemnification/Hold Harmless. C.P.I. shall defend, indemnify and hold harmless the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising or issuing out of or in connection with this Agreement or the WAN Agreement, except as may be caused by the sole negligence or willful conduct on the part of the City. 5.5 Subcontracts/Assignment. C.P.I. shall not subcontract, assign or transfer any right, title or interest under the terms of this Agreement or the WAN Agreement without the prior written approval of the City. Such approval shall not be unreasonably withheld or delayed, provided it is demonstrated to the City's satisfaction that the assignee has the background, experience, certifications, ability, and the technical, financial and legal resources to perform the requirements of this Agreement page 12 5.6 Survival The provisions covering WAN Use Agreement Assignment and Payments, site drops, service charges and payment, and indemnification/hold harmless shall survive termination, cancellation or expiration of this Agreement. 5.7 Violations and Remedies If the City has reason to believe that C.P.I. is in violation of this Agreement, after informal and cooperative efforts have failed after two (2) meetings or ten (10) business days, whichever occurs first, the City shall notify C.P.I. in writing of the violation setting forth the nature of such violation. Within thirty (30) days of C.P.I. receipt of such notice, or such longer period specified by the City, C.P.I. shall respond in writing that the violation has been cured, provide a cure plan or schedule that reasonably satisfies the City, provide explanations in refutation or excuse with documentation to support that an alleged violation did not occur, refute the City's denial of C.P.I.'s cure plan, or refute the City's denial of an additional time period to complete the cure plan. The City shall act on the C.P.I.'s cure plan, if any, within thirty (30) days of City receipt of such plan. The City shall provide written acceptance or denial of C.P.I.'s cure plan, which acceptance shall not be unreasonably withheld or delayed. C.P.I. shall be allowed thirty (30) days to cure violations after written City acceptance of C.P.I.'s cure plan is received. If the nature of the violation is such that it cannot be fully cured within 30 days due to circumstances not under C.P.I.'s commercially reasonable control, the period of time in which C.P.I. must cure the violation shall be extended by the City in writing for such additional time reasonably necessary to complete the cure, provided that (1) C.PJ. shall have promptly commenced to cure, and (2) C.P.I. is diligently pursuing its efforts to cure in the City's reasonable judgment. If the violation has not been cured within the time allowed under this section, then C.P.I. shall be liable for liquidated damages for the following violations: (1) Failure to promptly comply with Section 2: $100.00 per day; provided, however, in no event shall the aggregate amount for all such violations exceed $2,500.00 per year. (2) Failure to comply with Section 3: $100.00 per day; provided, however, in no event shall the aggregate amount for all such violations exceed $2,500.00 per year. (3) Failure to comply with Section 4: $100.00 per day; provided, however, in no event shall the aggregate amount for all such violations exceed $2,500.00 per year. (4) Failure to with Section 5: $100.00 per day; provided, however, in no event shall the aggregate amount for all such violations exceed $2,500.00 per year. (5) Failure to comply with Section 6: $100.00 per day; provided, however, in no event shall the aggregate amount for all such violations exceed $ 2,500.00 per year C.P.I. agrees that each of the foregoing failures shall result in injuries to the City, institutions and businesses, the compensation for which would be difficult to ascertain and to prove. Accordingly C.P.I. agrees that the foregoing amounts are liquidated damages, not a penalty or forfeiture. If C.P.I. fails to make full and complete liquidated damage payments as required by this Agreement within ten (10) business days after receipt of written notice from the City, then the City may immediately take steps to deduct without further notice to C.P.I. the amount thereof from the service charges and payment due to C.P.I. in accordance with this Agreement. Liquidated damages shall accrue from whichever applies among the following: (1) thirty (30) days after City notice if no cure plan is submitted; (2) on the date of City denial of the C.P.I. 's cure plan; or (3) the date of the City accepted cure plan completion date. page 13 5.8 Termination The City reserves the right to terminate this Agreement if C.P.I. fails to comply with the due diligence requirements in accordance with Section 2.7. Each party reserves the right to terminate this Agreement at any time upon breach by the other party of a material term or condition of this Agreement; provided that the non -breaching party has first given 60 days written notice specifying in reasonable detail the alleged breach or failure of compliance and demanding the cure of the breach. If said breach or failure to comply cannot reasonably be cured in 60 days, and the breaching party shall proceed promptly to cure the same, the time for curing such failure to comply shall be extended for such period of time as may be reasonably necessary to complete such cure. In the event of termination of this Agreement, City payment of the service charges to C.P.I. specified in Section 4 shall no longer be required. 5.9 City Right to Purchase The parties recognize that the City has received adequate consideration for the charges paid to C.P.I. to receive services under this Agreement. Nonetheless, to the extent permitted by law, in the event C.P.I. is not capable of performing its obligations under this Agreement, or the Agreement is terminated or otherwise expires or is not renewed, the City shall have the right of first refusal to acquire the I -Net node equipment, customer premise equipment and site drops owned by C.P.I., in the event it is to be sold, transferred, liquidated, or assigned, at fair market value less the City's aggregate payment of base service charges for a period of sixty (60) days following the date of termination, expiration or non renewal of the Agreement. 5.10 I -Net Node Equipment Lien The City reserves the right to file an equipment lien in the amount of $140,000.00 to secure its payment of the non-recurring base service charge for I -Net node equipment specified in Section 4.1 of this Agreement if C.P.I. obtains financing to fulfill its obligations to purchase I -Net node equipment under this Agreement. 5.11 Other Remedies The remedies provided for in this section are not exclusive. The City shall also be entitled to pursue all other legally available remedies for breach of this Agreement. 5.12 Force Majeure The term "Force Majeure" shall mean delays due to Northland's failure to comply with section 1.6 of the WAN Agreement on or before October 14, 2002, acts of God, war, civil disturbances, fire, unavoidable casualty, construction delays due to weather, failure of supplier(s), or other similar causes beyond the control of C.P.I. The time within which C.P.I. shall be required to perform any act under the Agreement shall be extended by a period of time equal to the number of days performance is delayed due to a Force Majeure. C.P.I. shall not be subject to any penalty hereunder because of acts or failure to act due to Force Majeure. 5.13 Severability Whenever possible, each provision of this Agreement will be interpreted to be effective and valid under applicable law. If any provision is found to be invalid, illegal or unenforceable, then such provision or portion thereof will be modified to the extent necessary to render it legal, valid and enforceable and have the intent and economic effect as close as possible to the invalid, illegal and unenforceable provision. If it is not possible to modify the provision to render it legal, valid and enforceable, then the provision will be severed from the rest of this Agreement and ignored. The invalidity, illegality or unenforceability of any provision will not affect the validity, legality or enforceability of any other provision of this Agreement, which will remain valid and binding. page 14 5.14 Entire Agreement This Agreement and its Exhibit(s) represent the entire agreement between the parties hereto with respect to the subject matter hereof and supersede all prior oral negotiations and agreements. 5.15 Attorney's Fees. If any suit or other action is instituted in connection with any controversy arising under this Agreement, 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. 5.16 Reopeners. It is the intent of both parties that each party shall enjoy all rights and be subject to all obligations of this Agreement for the entire term of this Agreement and, to the extent any provisions have continuing effect, after its expiration. However, both parties recognize that the technology of telecommunications services is in a state of flux. The occurrence of any of the following shall be grounds for the City or C.P.I. to reopen this Agreement as further provided in this Section: (1) Any proposed or actual use of the I -Net and/or charges by C.P.I. or the City that are not expressly provided for in this Agreement that may or may not invalidate or substantially negate or expand the effect of any material provision of this Agreement. (2) Any proposed I -Net node equipment and/or customer premise equipment substitutions that will result in an increase or decrease in C.P.I.'s cost of more than five percent (5%). (3) Any proposed I -Net node equipment and/or customer premise equipment upgrade to match current technology in accordance with Section 2.4, where C.P.I. asserts that the proposed upgrade or implementation is not technically or commercially feasible. (4) Any proposed subcontract by C.P.I. that will result in an increase or decrease in C.P.I.'s cost of more than five percent (5%) to provide I -Net operation, maintenance and management services to the City. (5) Any other matter pertaining to this Agreement. The City or C.P.I. shall make a determination that grounds exist to implement the reopener provisions of this Section and shall formally notify the other party in writing and in reasonable detail of that determination, the grounds for it, and the proposed amendment deemed necessary to address the event giving rise to the reopener. Within thirty (30) days of the receipt of the proposed amendment, the City or C.P.I. shall either provide written notice to the other party to reject the proposed amendment or the City and C.P.I. shall agree to proceed with negotiation of an amendment to this Agreement. Any amendment to this Agreement shall be mutually agreed upon in writing. AGREED TO BETWEEN THE PARTIES on the last date written below. CAPACITY PROVISIONING, INC. By: Its: Date CITY OF PORT ANGELES 0 By: ATTEST: Its: Date APPROVED AS TO FORM: page 15 City Clerk • City Attorney EXHIBITS 6.1 Fiber Optic WAN Use Agreement 6.2 I -Net Services Expedited Schedule 6.3 City Site Locations and Service Requirements 6.4 Service Levels 6.5 Service Charges 6.6 Interlocal Agreement for Acquisition of I -Net Services • t page 16 EXHIBIT 6.1 FIBER OPTIC WAN USE AGREEMENT I0 To be inserted vv page 17 EXHIBIT 6.2 0 I -NET SERVICES EXPEDITED SCHEDULE SITE DROP CONSTRUCTION Site plans for City approval and permitting due 8/30/02 City revisions or approval 9/3/02 If revisions required, date due 9/6/02 Revisions approved by City 9/11/02 Construction complete 11/11/02 I -NET NODE EQUIPMENT AND CUSTOMER PREMISE EQUIPMENT Equipment installed 11/25/02 Network testing 12/9/02 Services available 12/23/02 LAN SERVICES LAN plans and specifications for City approval 11/29/02 City revisions or approval 12/6/02 If revisions required, date due 12/11/02 Revisions approved by City 12/16/02 LAN installation complete 1/3/03 • page 18 • • EXHIBIT 6.3 CITY SITE LOCATIONS AND SERVICE REQUIREMENTS 1. CITY SITE LOCATIONS AND SERVICE REQUIREMENTS City Municipal Facilities Site Description Service Requirement Data Mbps 5 100 1000 8 Node City Hall 321 E 5th Street 1 8 PA Police Department 1 8 Dispatch 911 1 166 Vem Burton Community Center 1 10 Fire Station 102 E 5th St 1 69 Senior Center 328 E 7th St 1 72 Came ie Library 205 S Lincoln St 1 73 Fine Arts Center 1203 E Lauridsen 1 75 William Shore Pool 225 E 5th St 1 86 Parks Maintenance 16th St F St 1 87 Cemetery -Office 3127 W 18th St 1 55 Node CorpYard 1703 S B St 1 57 Wastewater Treatment Plant 1509 Columbia 1 56 Light Ops 240 W Front 1 54 Landfill 3501 W 18th 1 29 Pump Station #1 5th St & N St 1 30 Node Pump Station #7 W 19th St 1 31 Pump Station #10 1829.5 W 12thst 1 32 Pump Station #3 Marine & Hill 1 33 Pump Station #8 H St & 141h 1 34 Pump Station #4 313 Marine Drive 1 35 Pump Station #2 112 Alley & Cherry1 36 Pump Station #5 219 E 2nd St 1 37 Pump Station #9 Del Guzzi Dr. 1 38 Pump Station #6 933 Church St 1 2. CITY SITE LOCATIONS AND SERVICES COVERED BY THIS AGREEMENT Service Requirement City Municipal Facilities Data Mbps Site Description 5 100 1000 39 Peabody Substation 2803 S Peabody 1 40 Race Substation 1 41 Albert Substation 1 42 Laurel Substation 110 E 14th St 1 43 Washington Substation 224 S Washington St 1 44 College Substation 1306 E Park St 1 45 Valley Substation 206 S Valley St 1 46 A Street Substation 1616 A St 1 47 F Street Substation 1604 S F St 1 48 1 Street Substation 1538 W 7'hSt 1 page 19 EXHIBIT 6.4 SERVICE LEVELS 1. Network Equipment All network equipment shall be standards compliant, non-proprietary technology, able to support standards based interface types such as Ethernet/IP, ATM, and SONET. The equipment shall be scalable to meet future network expansion needs. The equipment shall be interoperable with other standards based Ethernet networks, specifically that of the Clallam County PUD No.1 (District), and/or Northland, and/or Qwest. The network shall be capable of enabling cooperative use by related networks. 2. System Availability C.P.I. shall provide demand maintenance twenty-four hours a day, seven days a week and shall maintain the site drops from the nodes to the points of demarcation at all times. In emergency conditions, such as a natural emergency resulting from a windstorm, C.P.I. will perform emergency repair work on the fiber and field equipment. During an emergency, all fibers and field equipment at a given damage location shall be repaired concurrently without preference to function. During normal operating conditions, customer circuits will be up and operating satisfactorily at least 99.9%, as measured over each billing period, not including scheduled maintenance time, (this requirement does not apply to routine maintenance outages that are scheduled in advance by C.P.I. and approved by the City). During normal operation conditions, C.P.I. shall respond to all outage reports within two hours and make necessary repairs to the extent feasible to restore service within four hours of notification Monday through Sunday, 6 a.m. to 10 p.m. Under normal operating conditions, C.P.I. shall respond to degradation reports within twenty-four hours. 3. Reliability Recovery due to a logical network break in the I -Net backbone under a ring configuration should not be greater than 12 microseconds under worst case conditions, with detection and rerouting typically occurring in approximately 300 microseconds. Recovery due to a physical network break or node enclosure power, battery backup, heat or air conditioning failure shall be coordinated with Northland, who is required by Subsection 8.7.1 of its Cable Television Franchise Ordinance No. 3116 to restore City I -Net breaks within four (4) hours of outage notification. The City and/or Northland shall maintain a spare battery backup, heat and air conditioning unit in the event of a failure. 4. Network Security C.P.I. shall provide protection against denial of service attacks with wire -speed extended access control lists, secure shell, secure copy, simple network management protocol version 3, and authentication with AAA, RADIUS or TACACS+. C.P.I. shall provide a dynamic virtual local area network (VLAN) that permits simplified network address administration with logical assignment of users to virtual communities based on port, protocol, or subnet that minimizes broadcast traffic and ensures network security. C.P.I. shall also provide private VLANs that allow increased I.P. addressing flexibility by portioning port -based VLANs for security while sharing a common router port. The VLAN shall allow C.P.I. to segment users requiring access to sensitive information into separate VLANs from the rest of the general user community regardless of physical location. Upon written City request, C.P.I. shall assist the City at a charge consistent with Exhibit 6.5 schedule 1.C. to determine compatibility of any virtual private network (VPN) hardware and software including but not limited to firewalls, Internet security devices, encryption equipment and software, VPN servers, and VPN software, that may be provided by the City at the cost of the City. 0 page 20 5. Network Latency The I -Net network latency will average no greater than 3 milliseconds between directly connected switches at Layer 2 only, during standard operating conditions. Average end-to-end latency will not exceed 50 milliseconds during normal operating conditions. 6. Packet Loss Packet Loss across the I -Net backbone shall average 0.3% or less. If Packet Loss average across the I -Net backbone exceeds 0.3% during a calendar month, C.P.I. shall immediately take action to comply with this requirement. This provision will take effect the first full calendar month after City's first use of the C.P.I. Backbone. 7. Monitoring and Network Optimization C.P.I. will periodically monitor and optimize the I -Net backbone. Monitoring shall be done between the furthest nodes using software and hardware components capable of accurately measuring traffic and responses at such nodes. The City acknowledges that such measurements may not measure the exact path traversed by the City's packets, and that such measurements constitute measurements across the I -Net backbone but not other networks to which the City may connect. C.P.I. shall provide the City with an initial baseline monitoring report upon completion of its network and annual reports thereafter upon request by the City. 8. Problem Reporting and Escalation Procedure The City shall first troubleshoot network problems to determine that the problem is a C.P.I. network problem prior to contacting the C.P.I. Network Operations Center (NOC). A work order (trouble ticket) will be created based on the trouble call, and the C.P.I. troubleshooting process and time clock will begin. C.P.I. will provide a problem reporting and escalation procedure to the City, and provide the City with progress and status information on trouble calls. The City should receive an initial callback regarding the status of the problem within thirty (30) minutes of the initial trouble report. C.P.I. will attempt to resolve most problems within 1 hour of the problem report initially being logged and a trouble ticket being generated. The NOC will notify the City regarding the status of the reported problem, and the estimated time to repair completion. If, after 1 additional hour, the problem has not been resolved (within the parameters of the C.P.I. escalation procedure), the City may contact C.P.I. to escalate the problem priority. At this point, C.P.I. will assess the situation, escalate the trouble ticket's priority as necessary, and provide a best estimate of time to complete the repair. If a C.P.I. technician is required to visit a City site to repair or troubleshoot a problem, the City may be charged for this service. There will be no charge if the problem necessitating the visit is due to a failure of C.P.I.'s equipment or network that was not the result of City activity, or is caused by C.P.I. In all other situations, the City will be charged for repair or troubleshoot visits to City sites. The charge for this service will be in accordance with Exhibit 6.5 schedule 1.C., including travel time, with a minimum 1 hour charge. This charge will be added to the monthly invoice. 9. New Service For Sites already receiving C.P.I. service, C.P.I. will add new services requiring only a software change within ten (10) Days from the receipt of a written request for the additional service from the City and C.P.I. engineering approval of the change. Services requiring hardware changes will be scheduled with the City. For locations not receiving C.P.I. service, C.P.I. will add service to a new site where minimal facilities engineering and provisioning tasks are required within thirty (30) Days from receipt of a written Uff page 21 request for the service from the City. When more than minimal facilities engineering and provisioning tasks are required, the installation of service will be scheduled with the City. 10. Changes All requests for additions or changes to City sites shall be in writing. A connectivity change request form will be available from C.P.I. and on-line at the C.P.I. Web Site as well. The change request will be evaluated to assess engineering issues, and to determine whether the change is a no -cost change or is an additional cost item under this Agreement. If it is an additional cost item, it shall be approved in writing by the City and the cost will be added to the invoice to the City. C.P.I. will provision new service within ten (10) Days of receipt of a signed change request order and C.P.I. engineering approval of the change. 11. I -Net Node Equipment Vendor Technical Support C.P.I. shall obtain and maintain through the term of the Agreement and any extensions thereof, the support services of its I -Net node equipment vendor at a minimum level of 7x24 technical support availability and 24 hour parts replacement response time. • 11 page 22 0 EXHIBIT 6.5 SERVICE CHARGES 1. C.P.I. BASE CHARGES' 2.. REGULAR COMMERCIAL SERVICE CHARGES WITHIN THE CITY' Wide Area Networking Data Mb s =100 Within the Ci Data Mb s =100 B. City Excess Capacity Charge per Ethernet Port per month A. C.P.I. base charge per Ethernet Port per facility per month $345.00 including site drops during Initial Term for Exhibit 6.3 schedule 1 D. C.P.I. VoIP Services Charge (charge to be provided upon request) City sites B. C.P.I. non-recurring connection base charge $600.00 C. C.P.I. Local Area Network Services Charge per hour. $80.00 D. C.P.I. VoIP Services Charge per month per desk phone (charge to $ be provided upon request) Data Data Data E. Additional C.P.I. base charge per month for broadband Internet Mb s =1 Mb s = 2 Mb s =1 access (charges to be provided by October 15, 2002) $ $ $ 2.. REGULAR COMMERCIAL SERVICE CHARGES WITHIN THE CITY' 'Utility Taxes not included. i page 23 Wide Area Networking Within the Ci Data Mb s =100 A. C.P.I. Maximum Charge per Ethernet Port per site location per month including standard overhead facility site drop $165.00 B. City Excess Capacity Charge per Ethernet Port per month $55.00 C. C.P.I. non-recurring connection charge $600.00 D. C.P.I. VoIP Services Charge (charge to be provided upon request) $ 'Utility Taxes not included. i page 23 EXHIBIT 6.5 Is SERVICE CHARGES 3. WIDE AREA NETWORKING SERVICE ADDITIONAL CHARGES' Wide Area Networking (Within the City and Clallam County service areas Data Mb s =100 A. Additional charge per Ethernet Port per month, including $ standard overhead facility site drops charge within the Clallam County service area (charge to be provided January 15, 2003) B. Additional charge per Ethernet Port per month, excluding $ standard overhead facility site drop charge.within Clallam County service area (charee to be vrovided Tanuary 15.2003) 'Utility Taxes not included. page 24 is • 0 EXHIBIT 6.6 INTERLOCAL AGREEMENT FOR ACQUISITION OF INSTITUTIONAL NETWORK SERVICES Pursuant to chapter 39.34 of the Revised Code of Washington and other provisions of the law, , hereinafter called OTHER PARTY, and the CITY OF PORT ANGELES, a non - charter code City of the State of Washington, hereinafter called CITY, hereby agree to cooperatively obtain services according to the following terms and conditions: 1. The City, has negotiated an institutional network services agreement with Capacity Provisioning, Inc. (VENDOR) for the purchase of telecommunications services, which is attached hereto as Exhibit A, and agrees to extend the privileges of said negotiation to the OTHER PARTY to the extent permitted by law and agreed upon by the CITY, OTHER PARTY hereto, and the VENDOR. 2. This Agreement is limited to services under the City's institutional network services agreement with the VENDOR. 3. The OTHER PARTY accept responsibility for compliance with all laws and any additional or varying laws and regulations governing its acquisition of services. Acquisition of services by the OTHER PARTY shall be effected by a purchase order directed to the VENDOR. 4. The CITY accepts no responsibility for the performance of any purchasing contract by the VENDOR and accepts no responsibility for payment of services by the OTHER PARTY to the VENDOR. 5. Either the CITY or the OTHER PARTY may contract independently for the acquisition of services, with or without notice to each other. 6. This Agreement is for services necessary for the operation of the CITY and the OTHER PARTY. 7. This Agreement shall remain in force until canceled by the CITY or the OTHER PARTY, which cancellation may be effected with or without notice to each other. CITY OF PORT ANGELES, WA Authorized Name Title Date Authorized Name Title Date page 25 WA Attachment D Summary of I -Net Services Agreement, WAN Use Agreement, Franchise Costs and Revenues 59 N.\CCOIINCIL\ORIGINAL\I-Netserviceagreement7.wpd • • Non-recurring base service charge: ------------------------------------------------------------------------- $310,000 Non-recurring base charge contingency ------------------------------------------------------------------------- $31,000 Non-recurring connection base charge: ------------------------------------------------------------------------- $23,000 Local area network installation services charge: ------------- ------------------------------- ---------------------------- $60,000 General fund $1,720/month City Charges Equipment services fund $41/month under I -Net Wide area networking within Solid waste fund $374/month Services City service charge: Water/waste water fund $1,011/month Agreement Light fund $3,377/month Total $6,523/Month Wide area networking within County service charge: TBD Monthly Internet access base service charge: ------------------------------------------------------------------------- TBD Monthly voice over Internet -protocol service charge: TBD --------------- Local area network services charge: TBD I -Net early payment: ------------------------------------------------------------------------- $245,000 Fast-track project management fee: ------------------------------------------------------------------------- $37,000 City Charges additional I -Net node enclosures charge: $17,000 underFiber ------------------------------------------------------------------------- Op.tic Wide Area Construction contingency (10% TPC): ------------------------------------------------------------------------- $30,000 Network Use Agreement Monthly service payments (until 12/31/2002): ----------------------------------------------------- -----_$1,400/Month Monthly service payments (until 12/31/2003): ------------------------------------------------------------------------- $1,900/Month Monthly service payments (until 4/27/2004): $2,400/Month City Charges under Franchise Remaining I -Net payment $103,000 Total City Capital expenses: -------------------------------------------- $893,100 Charges Monthly service fees (utility taxes included): $6,523 Public utility tax revenue to general fund: 5.5% of C.P.I. gross revenues ------------------------------------------------------------------------- Pole attachment fees (2002 rate) $8.50/attachment CityRevenues ------------------------------------------------------------------------- Cost allocation from other funds to Light fund ---------------------- $3,146 per month I-Net growth discount: $55/port/month 59 N.\CCOIINCIL\ORIGINAL\I-Netserviceagreement7.wpd • • Agenda AL Brief background 2, I -Net Anatomy . Fiber Optic WAN Use Agreement u I -Net Services Agreement Q Telecommunications Master Permit . Integrated Project Schedule m Costs, Benefits, Recommendations S. Questions and Answers page 1 8/20102 Community Telecommunications Progress Engineering City Council Study Goal Fiber Optic Business Plan Goals * Facilitate a City-wide infrastructure project with the greatest potential for economic development success Respond to the needs of the business community Foster telecommunications competition via open access and private sector development * Prevent development of excessive redundant infrastructure Fast -Track ian And ApproachDirection • I -Net approval Cable Television Franchise (5/21/02) • UAC meetings (5/14/02,6111/0216/24/02,7/30/02, 8/13/02) • City Council meetings (6/17/02) • Management oversight meetings (6/27/0217/8/02j,7/25/0218/5/02) page 3 8/20/02 Fast -Track St-akeholder Involvement Service provider & potential user involvement (5/23/021,5/29/0216/7/02) I -Net Users - technical committee meetings (6/12/0216/19/02f6/26/02,7/3/02) iz Clallarn County PUD (8/2/02,8/6/02,8/8/02) page 4 8/20/02 I -Net Anatomy A. I -Net Backbone & Node Map Local Area Network (LAN) Node Enclosure D. Site Drops E. Wide Area Network (WAN) Virtual Local Area Network (VLAN) G. Network Interconnection A. I -Net Backbone & Node Locations 1611, 1 Streets Valley Substation Pool A Washington Substation L 77 Corp Yard J, "H Laurel Substation "11 -1 page 5 8/20/02 City Hall page 6 8/20/02 mho d ---------------- „y n y' page 6 8/20/02 City Hall Senior Cente page 7 8/20/02 Northland, and/or M In w., -Jl-r ^..._-A. page 8 8/20/02 page 9 8/20/02 Not-thland Team Pete Grigorieff., Regional Manager Mike Sturgeon, Plant Manager/ Designer Cable Resources, Network Design/Drafting Diversified Northwest, Contractor rr Northwest Landworks, Splicing & Testing ,Deskgn and Plans and specifications School District needs Construction and testing acceptance page 10 8/20/02 Assignable to Capacity Provisioning Compensation I -Net early payment z Fast-track fee Ramped monthly service payments April 27, 2004 Extension request Fiber Link and Nodes Consistent with Franchise page 11 8/20/02 Risk ac; nt & Termination Upon breach by either party Termination conditions Refund I -Net constructed/not constructed Nodes & Interconnections 16"' & I Streets \ ValEeY Substation City flail I W shingt n Sffujbstatio Planned PUD Interco nection # � 1 y rem .. _. r Corp Yard -- Possible PUD e. InterconnecE-ion #2 ��_ .�t_ I �— Laurel Sub;�ia.tion Pos}iPUD _ Interco nection 0 page 12 8/20/02 page 13 8/20/02 Fast -Track Additional Fiber Option H Fiber Options Exercised/ Recommended .c i t ✓ .115 f F fs p Lw j ' r page 14 8/20/02 Sections: 1.8 (Use of fiber) In Lieu of 1.9 (Franchise term) Amendment 1.10 (#Nodes/locations) 1.11 (Node space) 1.12 (Payment method) Revised Section 3.1 and 10.1 (refund) Section 12 (electrical) Exhibit A (ROW easements) page 15 8/20/02 Master Permit WAN Use Agreement ROW Easements Capacity Provisioning Tearn * Bill Roberds, president Bob Jensen, vice president Craig Johnson, network engineer Bryan Boretsky, Foundry Networks Jeremy Noetzelman, Kriln Consulting page 16 8/20/02 Special Agreement ri Non-exclusive, term WAN Use Agreement assignment Due diligence Services r s Wide area networking, open access, interconnections O&M&M, retail functions * Internet access, LAN services, VoIP City r City Hall Fine Arts Landfill Vern Burton Police Pool 10 Pump Stations Fire Station Dispatch Parks Maint. 10 Substations Senior Center Cemetary Corp Yard WWTP Carnegie Light Ops Total 35 page 17 8/20102 C.P.I. Charges to the City • Non-recurring base service charge • Connection charge LAN service charge WAN service charge within City Wide Area Network Non-recurring charges C.P.I. Average Retail $600 per facility connection charge $2,335 per facility VLAN provisioning City Monthly recurring charges $345 Charges per VLAN $4,250 Charges per VLAN Regular Commercial recurring charges $220 Charges per VLAN $4,250 Charges per VLAN page 18 8/20/02 page 19 8/20/02 Network l its: Background checks Industry standards Additional measures Risk Mr Due diligence City payment upon availability First right of refusal Equipment lien Liquidated damages Breach/termination page 20 8/20/02 WAN Use Agreement See Changes After UAC Meeting Section 2.7 (Due diligence) page 21 8/20/02 [-Net Services Agreement (Includes Interlocal Agreement) WAN Use Agreement ROW Easements page 22 8/20/02 page 23 Master Permit Rescind ROW License Institutions and businesses Retail services Compliance with Telecommunications ordinance Agreement approvall,2 8/20/2002 Due diligence2 8/30/02 Site drop plans & specs approval2 9/11/02 Backbone & node construction' 10/21/02 Backbone & mode testing', 10/28/02 Site drop completion2 11/11/02 Equipment installed2 11/25/02 Network testing2 12/9/02 Service availability2 12/23/02 'Completed under WAN Use Agreement 2Completed under I -Net Services Agreement page 24 8/20/02 I -Net early payment: $245,000 Fast-track project management fee: $37,000 Additional I -Net node enclosures charge: $181,000 Construction contingency (10% TPC): $30,000 WAN use charges $36,100 Remaining I -Net payment $103,000 Total $469,100 Non-recurring base service $310,000 charge: Non-recurring base charge $31,000 contingency Non-recurring connection base $23,000 charge: Local area network services $60,000 charge: Total $424,000 page 25 8/20/02 to Capitcall Costs WAN Use Agreement $469,100 I -Net Services Agreement $424,000 C rR i From $830,000 Fiber optic backbone $1,500,000 estimate $41/month Estimated fast-track cost From $830,000 range I To $980,000 Operating Costs - I -Net Services Agreement General fund $1,720/month Equipment services fund $41/month Solid waste fund $374/month Water/waste water fund $1,011/month Light fund $3,.377/month Total $6,.523/Month page 26 8/20/02 Enables broadband services Competitive rates N` Gives user a choice of service providers N,' investment and risk Capacity Provisioning Future Providers Ease of market entry -,,,Wholesale/ retail arrangements ,] Reduced investment and risk TS. -Net Benefits ort I nd Long term cable television franchise Construction combined with upgrade New revenue opportunities Reduced risk City of Port Angeles Achieves City goals Enables competition/ economic development 4 Reduced need for overbuilding -NI Municipal wide area network 4 Reduced risk and investment page 27 8/20/02 it{. (Anchor Customer) Ca pa C � t V Pro v; slo n i n (Last Mile & Retail Services) �W,17411111147mffw# I Institutions & Businesses Clallarn County PUD, and/or Northland, and/or Qwest (County -Wide WAN) Northland Cable (City WAN) page 28 8/20/02 A. Approve Proposed WAN Use Agreement - Modifications - ROW Easements B. Approve Proposed I -Net Services Agreement - Modifications - Master Permit - Interlocal Agreements page 29 8/20/02 page 30 8/20/02 CITY COUNCIL MEETING Port Angeles, Washington August 6, 2002 CALL TO ORDER - Mayor Wiggins called the regular meeting of the Port Angeles City Council to order at REGULAR MEETING: 6:00 p.m. ROLL CALL: Members Present: Mayor Wiggins, Councilmembers Braun, Campbell, Erickson, Headrick, Rogers, and Williams. Members Absent: None. Staff Present: Acting Manager/Attorney Knutson, Clerk Upton, B. Collins, M. Connelly, G. Cutler, T. Riepe, Y. Ziomkowski, D. Miller, C. Kochanek, D. Dickson, K. Dubuc, J. Cole. Public Present: L. Meyer, D. & J. Duncan. L. Lee, T. Price, M. Wiggins, A. Leonard, K. Leonard, S. Leonard, L. Leonard, W. Leonard, C. Turner, B. Cook, and J. Bohman. PLEDGE OF The Pledge of Allegiance to the Flag was led by Councilmember Erickson., ALLEGIANCE: PUBLIC CEREMONIES, Mayor Wiggins read the proclamation and presented it to Gertrud Rohrbach and Cindy PRESENTATIONS AND Kochanek of Gertie's Farmers Market, who presented gifts to Councilmembers. The PROCLAMATIONS: second proclamation will be provided to representatives of the Port Angeles Farmers Market. Proclamation Recognizing Farmers Market Week - Louise Meyer extended an invitation to Councilmembers, staff, and audience to the August 10-17, 2002 Clallam County Fair, opening Thursday, August 15, 2002, for four days and presented Mayor Wiggins with a Fair t -shirt. Invitation to Clallam County Fair WORK SESSION: None. LATE ITEMS TO BE Councihnan Williams added the issue of public restrooms based on letters to the Editor PLACED ON THIS OR of the Peninsula Daily News to the Information Agenda. FUTURE AGENDAS: Mayor Wiggins added the vandalism to canoes at Hollywood Beach to the Information Agenda. Jack Glaubert, 223 Hardwick Rd., Sequim, addressed the Council regarding the proposed vacation of Cherry Street, Item H under Resolutions. He distributed to the Council copies ofRCW 35.79.035 regarding limitations on vacations of streets abutting bodies of water. He urged caution in vacating the portion of Cherry Street at this time. Mike Lasnier, Lower Elwha Police Chief, provided details and comments relative to the vandalism at Hollywood Beach. Chief Lasnier complimented the Port Angeles Police Department for its outstanding performance concerning this incident. He expressed 60 -1- CITY COUNCIL MEETING August 6, 2002 LATE ITEMS TO BE confidence that the investigation will be done with expedience and completeness. PLACED ON THIS OR Police Chief Riepe added that he appreciates working with Chief Lasnier and his staff. FUTURE AGENDAS: (Cont'd) Councilman Campbell expressed his pleasure in hearing from Chief Lasnier that the City is cooperating fully in making an investigation into this matter and that this incident needs to be pursued to the fullest extent of the law to discourage others from attempting this kind of activity. Councilmember Rogers advocated that time be taken to resolve the matter and that the community needs to be educated that this activity is not tolerated. Our efforts, she added, should be patient and detailed. FINANCE: Contract with Moss Bay Group: Finance Director Ziomkowski informed Council that it is a recommended practice that a periodic audit of Information Technology be Contract with Moss Bay conducted. Since this has not been done in the last ten years, Director Ziomkowski Group - IT Consultants stressed its importance, as technology changes so rapidly. Internal control, security, and effectiveness and reliability of the system are areas that need review. Following a question and answer period, Councilmember Rogers moved to authorize the Mayor to sign a contract with the Moss Bay Group for information technology and infrastructure consulting services for a total contact amount not to exceed $31,125, which includes 249 hours of services. Councilman Williams seconded the motion, which carried unanimously. CONSENT AGENDA: Following brief discussion, Councilman Braun moved to accept the Consent Agenda to include: 1) City Council minutes - July 16, 2002 regular meeting and July 30, 2002 special meeting; 2) Check Register - July 26, 2002 - $808,635.99; 3) Electronic Payments - July 26, 2002 - $850,743.00; 4) Agreement between City and Port Angeles School District 121 for High School Resource Officer Program; 5) Finalize Sale of 71 & Albert Property; 6) Reject Bid for Pump Station Retrofits; 7) Lauridsen Blvd / Edgewood Drive Realignment, Final Acceptance; and 8) Waterline Replacement, Valley Creek Restoration, Contract Change Order. Councilman Campbell seconded the motion, which carried unanimously. 0 CITY COUNCIL Councilmember Erickson reported on the William Shore Pool configuration. COMMITTEE REPORTS: Councilman Braun advised Council of the passing of Mike Fitzpatrick, a Volunteer Fireman for 40 years. Mr. Braun attended the first ice-skating rink meeting held in July; he announced that the next meeting will be August 12, 2002. He also attended the dedication of the Valley Creek Bridge, the Real Estate Committee meeting, and welcomed the NW Regional Girls Fast Pitch members. Councilman Headrick reported on the Valley Creek restoration project. Councilman Williams attended the Real Estate Committee meeting, two Hood Canal Bridge meetings, and announced the stormwater meeting at 6:00 Wednesday, August 7, 2002, at Clallam County. Councilmember Rogers participated in the Clallam Transit training and orientation and gave kudos to staff regarding the fast track I -Net project. Mayor Wiggins attended a Methamphetamine briefing; he asked that the City address this matter in the future, as this is a very serious situation. He then introduced the Leonards, members of the Wiggins family, who were present this evening. RESOLUTIONS: 1. Request for Annexation - ANX 02-01 - Mantooth, Lindberg Road at Ennis Creek: Request for annexation of approximately 30 acres Request for Annexation - 0 Mantooth Community Development Director Collins summarized the background for this request, Resolution No. 6-02 clarified the area perimeters that are to be annexed, and explained election procedures. 61 -2- Director Collins responded that there are adequate services to this area, and Councilman Headrick noted that most of this area is conservation property, so other forthcoming structures are not viable. Councilman Williams added that much of this property is in conversation easements and is being taxed differently. In terms of liability vs. benefit, the amount of income generated from increased valuations will be small. After additional discussion, Mayor Wiggins read the Resolution by title, entitled RESOLUTION NO. 6-02 A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring a proposed annexation to be in the best interest and general welfare of the City and calling for an election to be held in territory proposed for annexation. Councilman Headrick moved to pass the Resolution as read by title, The motion was seconded by Councilman Campbell and carried 5 - 2, with Councilmembers Braun and Williams voting in opposition. PUBLIC HEARINGS - Rezone Request - REZ 02-05 - Clarke: 910 E. V Street: Request for rezone of QUASI-JUDICIAL: approximately 7, 000 square feet ofproperty: Rezone Request - Clarke Director Collins summarized the request, explaining the change from the originally Ordinance No. 3120 requested Commercial Office zone to Commercial Neighborhood. He indicated the 62 -3- CITY COUNCIL MEETING August 6, 2002 RESOLUTIONS: Councilman Headrick inquired about a 5 -acre parcel that abuts the annexed area. (Cont'd) Councilman Williams requested additional information about access roads and structures which would be isolated; he also addressed issues regarding the AWC and the Request for Annexation - declaration of the petition method to be unconstitutional Petition annexations are still Mantooth unclear, according to the AWC, and the election method is the only remaining process Resolution No. 6-02 available to cities. The AWC will seek to clarify the boundaries of all cities and to (Cont'd) provide means of annexing uninhabited areas of land. Of the six parcels in question, only one is inhabited. Councilman Williams stated that because of a lack of clarity, he will be voting against this resolution, claiming that the problem is in the petition method for small parcels when not all of the surrounding owners have been asked for input. Director Collins explained that this is the first step in the process for an annexation election. Councilman Williams expressed concern for the retroactive petition annexations which may go back to the 1945 boundaries . Until annexation is clarified statewide, Councilman Williams felt the Council should refrain from taking action. Acting Manager Attorney Knutson explained that the prospect of petition method annexations that have been enacted around the State being invalidated and city limits having to be retracted is highly unlikely. If it were to happen, and the City Council went ahead with this annexation, the effect of this annexation would be minimal. All AWC is saying is that it wants, as part of its legislative proposal to deal with the petition method of annexation, to make sure that there isn't any lingering concern about the validity of pastep tition method annexations. Councilman Williams asked if it were possible to have six elections, one for each of the other parcels. Director Collins responded that the City is required to set the boundary for the election. Electors within that boundary then vote. Councilman Braun offered that he viewed this from an emergency services standpoint, adding that he sees this as a possible liability to the City in terms of response time. At this time, he would be unwilling to add this to the problems because a substation will have to be added to this area, as well as another reservoir to ensure proper fire flows. For these reasons, he indicated he would not support the annexation election. Director Collins responded that there are adequate services to this area, and Councilman Headrick noted that most of this area is conservation property, so other forthcoming structures are not viable. Councilman Williams added that much of this property is in conversation easements and is being taxed differently. In terms of liability vs. benefit, the amount of income generated from increased valuations will be small. After additional discussion, Mayor Wiggins read the Resolution by title, entitled RESOLUTION NO. 6-02 A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring a proposed annexation to be in the best interest and general welfare of the City and calling for an election to be held in territory proposed for annexation. Councilman Headrick moved to pass the Resolution as read by title, The motion was seconded by Councilman Campbell and carried 5 - 2, with Councilmembers Braun and Williams voting in opposition. PUBLIC HEARINGS - Rezone Request - REZ 02-05 - Clarke: 910 E. V Street: Request for rezone of QUASI-JUDICIAL: approximately 7, 000 square feet ofproperty: Rezone Request - Clarke Director Collins summarized the request, explaining the change from the originally Ordinance No. 3120 requested Commercial Office zone to Commercial Neighborhood. He indicated the 62 -3- CITY COUNCIL MEETING August 6, 2002 PUBLIC HEARINGS - rezone would result in the expansion of an already existing zone. QUASI-JUDICIAL: (Cont'd) Mayor Wiggins opened the public hearing at 7:30 p.m. Rezone Request - Clarke Chuck Turner, 1207 E. 2nd St., representing Dr. Clarke in this application, offered to Ordinance No. 3120 answer any questions that Councihnembers might have. Subsequent to brief questions, (Cont'd) Mayor Wiggins closed the public hearing at 7:32 p.m. and read the Ordinance by title, entitled ORDINANCE NO. 3102 AN ORDINANCE OF THE City of Port Angeles rezoning a vacant lot 100 feet east of the intersection of Eighth and Race Streets from RS -7, Residential Single Family, to CN, Commercial Neighborhood. Councilmember Erickson moved to adopt the Ordinance as read by title, citing Findings 1-9 and Conclusions 1-4, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. Councilman Braun seconded the motion, which carried unanimously. PUBLIC HEARINGS - Declare Ennis Creek Property Surplus: Senior Assistant City Attorney Dickson OTHER: addressed the Council, summarizing the background of this property and the requirement to declare it as surplus before it can be sold. Declare Ennis Creek Property Surplus Mayor Wiggins opened the public hearing at 7:35 p.m. There being no forthcoming testimony, Mayor Wiggins closed the public hearing at 7:35 p.m. Councilmember Erickson moved to declare the property generally described as 32.29 acres, more or less, located on both sides of DelGuzzi Drive, bounded approximately on the east by Ennis Creek, on the south by Lindberg Road, on the west by the Peninsula Golf Course and on the north by DelGuzzi and Route 101, surplus and direct that the property be sold in a manner that is most beneficial to the City. Councilmember Rogers seconded the motion, which carried unanimously. Break Mayor Wiggins recessed the meeting for a break at 7:38 p.m. The meeting reconvened at 7:55 p.m. RESOLUTIONS: 2. Street Vacation Resolution - STV 02-02: Resolution setting public hearing for (Cont'd.) consideration of vacation of Cherry Street north of inner harbor line that has not been previously vacated Resolution Setting Public Hearing for Vacation of Following Director Collins' review of the request, Acting Manager Knutson informed Portion of Cherry Street the Council this street vacation would be for the Department of National Resources in Resolution 7-02 order to clarify title issues regarding a property transaction between the DNR and the Port. Acting Manager Knutson referenced Mr. Glaubert's earlier comments, noting that this is a unique situation and, accordingly, would not necessarily be precedent setting. He also noted that the new Exhibit A indicates that the DNR owns the property on both sides of this right-of-way. Councilman Campbell commented that it would be useful to set the public hearing and to hear from the public about issues and problems with respect to the vacation of this street. Mayor Wiggins read the Resolution by title, entitled 63 -4- CITY COUNCIL MEETING August 6, 2002 RESOLUTIONS: RESOLUTION NO. 7-02 (Cont'd.) A RESOLUTION of the City Council of Port Angeles, Washington, setting Resolution Setting Public a hearing date for a petition to vacate a portion of Cherry Street in Hearing for Vacation of the City of Port Angeles, Washington. Portion of Cherry Street Resolution 7-02 Councilman Campbell moved to pass the Resolution as read by title. Councilman (Cont'd) Headrick seconded the motion, which carried unanimously. Resolution for Allocation 3. Resolution for Allocation of General Funds of General Funds Resolution No. 8-02 Public Works & Utilities Director Cutler reviewed the allocations, after which Mayor Wiggins read the Resolution by title, entitled RESOLUTION NO. 8-02 A RESOLUTION of the City Council of the City of Port Angeles, Washington, designating a portion of the General Fund balance for certain capital projects. Councilmember Rogers moved to pass the Resolution as read by title. Councilman Headrick seconded the motion, which carried unanimously. Councilman Williams mentioned the need to address the matter of signage in the City; he indicated he would be looking for this matter to be brought forward in the future. Resolution Setting Hearing 4. Resolution setting hearing for vacation of right-of-way: YMCA - STY 02-01 for Vacation of Right -of- Portion of 3/4 alley between Eunice and Francis Streets Way - YMCA - Portion of 3/4 Alley Between Eunice Councilmember Rogers recused herself from the discussion and vote, as she owns & Francis Streets property in this particular vicinity. Mayor Wiggins read the resolution by title, entitled Resolution No. 9-02 RESOLUTION NO. 9-02 A RESOLUTION of the City Council of the City of Port Angeles, Washington, setting a hearing date for a petition to vacate a portion of the 3/4 alley west of Francis Street and repealing Resolution 4-02. Councilman Campbell moved to pass the Resolution as read by title. Councilman Braun seconded the motion, which carried 6 - 0, with Councilmember Rogers abstaining. ORDINANCES NOT None. REQUIRING PUBLIC HEARINGS: OTHER None. CONSIDERATIONS: INFORMATION: 1. 1/10th of One Percent Criminal Justice Tax: Police Chief Riepe made a PowerPointpresentation regarding the proposed 1/10th of One Percent Criminal Justice 1/10th of One Percent Tax. The local criminal justice system includes not only Port Angeles, but Sequim, Criminal Justice Tax Forks and Clallam County as well. Other entities involved are the Prosecutor's Office, Public Defender's Office, City Attorney's Offices, Juvenile Services, Superior and District Courts, and the correctional facilities. Chief Riepe summarized the various job categories within these areas and the duties performed in each. He addressed issues 64 -5- CITY COUNCIL MEETING August 6, 2002 INFORMATION: such as homeland security, illegal drug activity, traffic problems, violence and safety, (Cont'd) domestic crimes, over -crowding in jails and detention centers, and the current funding sources and restrictions to generate monies to continue to provide these services. If the 1/10th of One Percent 1/10 of 1% sales tax is passed, Port Angeles would receive an additional $185,000 Criminal Justice Tax which would be used toward these programs. Referring to the ever-increasing jail costs (Cont'd) and unfunded mandates, Chief Riepe pointed out how difficult it is to generate funding to maintain or improve the level of service. Brief discussion followed, and Chief Riepe was commended for the presentation. Trail Improvements at 2. Trail Improvements at Rayonier Mill Site: Acting Manager Knutson, Rayonier Mill Site referencing the trail improvements at the Rayonier Mill site, related there have been some problems getting the bridge done right away. The City is working with the Trails Coalition and the contractor, but the bridge cannot be completed by the end of the week. Efforts are underway to obtain cost estimates for the work on the bridge, and the City will be discussing funding with the Coalition. He indicated additional funding may be needed from the City. Public Works & Utilities Director Cutler added that construction work is anticipated to be completed by Friday, August 9, 2002, and that the work on the trail is completed, except for some fencing and gate work. Plans and specifications are completed for the bridge abutment over Ennis Creek. Currently the biggest problem is the concrete work. Mayor Wiggins inquired about the previously approved $80,000 and if the bridge work was included in that figure; Acting Manager Knutson responded that it was not. Councilman Headrick added that the Trails Coalition is paying for all the repairs to the bridge and the cost involved is in moving the bridge and setting it in place. Ecology blocks were to be used, but it has now been determined that extensive excavation, building of forms, pouring concrete, and the hiring of an archeologist to prepare the footings for the bridge are needed. These additional costs are what are in question and may require an additional $8-10 thousand. Jeff Bohman, 3753 Canyon Circle, clarified the involvement of the Coalition and explained that the designs need alteration because of too many changes necessary to the ecology blocks. Additionally, because it was learned that one side of the creek is native soil, an archaeologist on site is required. He further explained the additional costs and indicated the Trails Coalition may be able to obtain a better price on the cement work. He, therefore, offered for the Coalition to enter into a Memorandum of Agreement with the City to be the conduit for the remaining work. Discussion was held as to the level of increased funding that would be required to complete the project once the $5,000 Coalition funding has been exhausted. Councihnember Rogers expressed concern with the schedule. Mr. Bohman answered that this problem would not delay the completion more than it would take to approve the contractors to do the additional work. A question was raised about the archeologist, and Director Cutler confirmed that previous involvement with archeologists was conducted on an on-site basis. No record searches were necessary. If significant finds are discovered during the work, then the time table would definitely change. After lengthy discussion, the Council agreed it would be appropriate to proceed with authorizing additional funding. Therefore, Councilman Williams moved to authorize an additional $20,000.00 to cover costs on the Rayonier Trail. Councilman Braun seconded the motion. Acting Manager Knutson asked to confirm that the Council's intent is for the City to use the funds from the Coalition before accessing the additional funds from the City. The motion carried unanimously. Public Restrooms 3. Public Restrooms: Acting Manager er Knutson advised the Council that the matter of the public restrooms had been addressed at City staff meetings before it 65 -6- CITY COUNCIL MEETING August 6, 2002 Public Restrooms became an issue in the Peninsula Daily News. The Parks & Recreation Director has (Cont'd) been investigating this matter and has identified some short-term solutions, as well as a long-term approach. isParks & Recreation Director Connelly shared his impression that public restrooms are often the basis on which visitors and citizens form an impression about the City. Director Connelly provided background information on how the City typically handles restroom maintenance in that one staff person is dedicated in an 8 -hour shift to clean restrooms and pick up litter throughout the entire park system. The City has over twenty-five parks with 10 restrooms to maintain. The staff person is only able to clean each restroom once per day. Based on his perspective and experience, Director Connelly indicated the optimum level of maintenance is 3 times per day and, even at that level, it is still difficult to catch everything. In addition to the regular use of the public restrooms, there is also vandalism that occurs, particularly in the downtown. Another factor he noted is the old age of the facilities, which affects the City's ability to keep those facilities clean or at least appearing to be clean based on the perception of the public. Most of the restrooms have 20 - 30 year old concrete floors that were never sealed, and continuous cleaning still results in the perception that they are not clean. The plumbing fixtures are also 20 - 30 years old, and they could be replaced. Director Connelly stressed the importance of increasing the frequency of cleaning the restrooms. Accordingly, the department has made some scheduling changes for the restrooms downtown and on Ediz Hook. These facilities are now being cleaned in the morning and late afternoon, with a mid-day inspection. The result of this change is that resources are being taken away from other tasks in the Parks Department, but Director Connelly felt it important for the situation to be corrected. Additionally, he suggested that there are some capital improvements that could be considered in order to enable staff to clean the restrooms more efficiently. He indicated that the restroom at City Pier will be tiled this fall, as that facility is basically a cement structure and is almost impossible to clean thoroughly in a timely manner. He also noted that tile is easier to replace when vandalism occurs, plus it doesn't soak up graffiti the same as concrete. Director Connelly stated that more resources will be directed toward cleaning the public restrooms, which will address the problem in the short term. In the long term, it is recommended that the restrooms be updated, and that certain standards be set in the budget where the necessary resources are available to maintain the restrooms. Discussion followed concerning paper products versus hand dryers, vandalism, as well as the advantage of a visible presence of staff and police in the downtown waterfront area to avoid vandalism. In that the Downtown Association has an interest in the public restroom issue, Director Connelly indicated a meeting will be held with the Downtown Association in the near future to further discuss cooperative solutions. Discussion was also held with regard to the need to have adequate facilities for the many activities held downtown. Councilman Williams addressed the issue of capital outlay versus contracting to another party for maintenance. Further, he expressed interest in a cost/benefit analysis, which Director Connelly indicated could be incorporated into the budget process. In concluding, Director Connelly informed the Council that the matter of public restrooms was placed first on the list of items identified by the public when discussing the Comprehensive Park / Open Space Plan for the City. On another matter, Councilman Braun recognized Clerk Upton for being accepted to the Master Municipal Clerk's Academy Program, International Institute of Municipal Clerks. Mayor Wiggins and Council applauded her accomplishment. EXECUTIVE SESSION: The meeting was adjourned to Executive Session at 9:10 p.m. to discuss several items of litigation and potential litigation for approximately 45 minutes. 66 -7- UfYY COUNCIL MEETING August 6, 2002 RETURN TO OPEN SESSION: ADJOURNMENT: The meeting returned to Open Session at 9:45 p.m. The meeting was adjourned at 9:45 p.m, 0 Glenn Wiggins, Mayor Becky J. Upton, City Clerk 67 -8- • 11 02/08/13-14:43 City of Port Angeles - LIVE MACHINE CHECK REGISTER Date From 07/27/2002 To 08/09/2002 August 13 2002 Page 1 Fnd Dpt Check Vendor Vendor Description GL Code Number Name Number Number 001 71405 Recreonics Incorporated 18061 Flags,floats,rope,rope hooks 1 2372000 71409 S & R Sport 19901 Deck Stor-Away 1 2372000 71417 WA State Patrol - WASIS 23281 Criminal history -Perry 1 2295000 Criminal history -Perry K 1 2295000 Criminal history-Dunscomb 1 2295000 Criminal history -Warren 1 2295000 71438 American Flagpole 01521 Balls,Revolving trucks 1 2370000 71439 Aquatic Access Inc 01546 Tube seals,valve body 1 2372000 71450 Call One Inc 03329 Headsets 1 2370000 71488 MPH Industries Inc 13005 Python radar 1 2370000 71500 Oriental Trading Co Inc 15033 Craft kits 1 2370000 71512 RWE Distributing (Dogipot Inc) 04252 Dogipot litter bags 1 2370000 71519 S & S Worldwide Inc 19866 Garden stakes 1 2370000 71542 WA State Patrol - WASIS 23281 Criminal history -Rowe 1 2295000 Criminal history -Higginbotham 1 2295000 Total for Department 0001 71376 Harbor Cafe 08216 Sack lunches RE meeting 111 3101 71403 Puget Sound Polygraph Examinrs 16284 Pre-employment screening 113 4131 71416 Verizon Wireless - Bellevue 01105 07-15 Verizon billing 111 4210 07-15 Verizon billing 112 4210 71502 Pacific Office Equipment Inc 16004 Maint agreement NP6412-August 111 4810 71503 Peninsula Daily News 16012 12 Mo subscription #40010112 111 4910 Total for Administration 0002 71344 Postmaster 16028 Replenish 'Postage Due' acct 205 4210 71397 Papandrew, Karen E 16568 Accounting svcs pe 07-31 230 4150 71461 Diversified Resource Center 04052 Copy Center svcs-July 205 4150 71477 Govt Finance Officers Assn 07003 Renew-Ziomkowski 300042253 201 4901 71491 Microflex 13253 Tax audit program 230 4150 71513 Radix Corporation 18004 Monthly maintenance -September 240 4810 71553 Xerox Corporation 24001 DC440AC,44ODC June tease 205 4530 DC490SLC June lease 205 4530 WCP416C3 copier lease -June 205 4530 Total for Finance 0003 71366 Clallam Jefferson Public Dfndr 03274 Public Defender fees -August 312 4150 71423 Xerox Corporation 24001 DC220SLX June lease 312 4530 DC220SLX June lease 311 4530 71451 Clallam Cnty Dist 1 Court 03069 July Court costs 312 5090 71521 Barkhuis, Sijke Selinda 02678 Prof svcs pe 07-26 312 5090 Total for Attorney 0004 71456 Cole, Wyndi 03686 Rebate -Fire sprinkler install 420 32210017 71553 Xerox Corporation 24001 DC420SX,SLX June lease 420 4530 69 Total for Community Development Dept Amount 19.88- 98.05- 24.00 24.00 24.00 24.00 11.95- 7.77- 66.90- 78.15- 3.07- 15.34- 2.96- 24.00 24.00 160.07- 59.40 150.00 16.76 16.76 32.46 117.00 392.38 200.00 1,620.00 1,626.68 155.00 111.50 176.37 641.65 2,066.23 114.30 6,711.73 2,750.00 239.03 102.44 8,492.00 31.50 11,614.97 500.00 341.47 841.47 02/08/13-14:43 Fnd Dpt Check Vendor Number Name 0005 71347 AT&T Wireless Services 01404 71396 PA Auto Detail Shop 16236 71404 Qwest 21001 71406 Riepe, Tom 18081 71416 Verizon Wireless - Bellevue 01105 71445 Blumenthal Uniforms & Equip 02047 71474 GTE Communications Systems 07005 71488 MPH Industries Inc 13005 71507 Port Angeles Police Department 16105 City of Port Angeles - LIVE MACHINE CHECK REGISTER Date From 07/27/2002 To 08/09/2002 Vendor Description Number 71545 WSPCA-WA St Police Canine Assn 23362 0006 71365 Clallam Cnty EMS 03068 71367 Curtis & Sons Inc, L N 03098 71393 Nielsen, Tony 14120 71426 Dubuc, Kenneth 04421 71440 Automated Business Systems Inc 01050 71553 Xerox Corporation 24001 0007 71359 Brooks, Gary 02277 71412 Sun, The 19902 71416 Verizon Wireless - Bellevue 01105 71457 Complete Line, The 03087 71463 ESRI Inc 05188 71484 Jobs Available Inc 10022 71553 Xerox Corporation 24001 0008 71399 Port Angeles City Treasurer 03062 71404 Qwest 21001 71405 Recreonics Incorporated 18061 71409 S & R Sport 19901 71431 A & A Appliance Service Inc 01002 71438 American Flagpole 01521 71439 Aquatic Access Inc 01546 71441 Automatic Wilbert Vault Co Inc 01089 August 13 2002 Page 2 GL Code Number 07-14 AT&T a/c 49655020 511 4210 Clean interior Ford van 530 4990 07-20 Qwest billing 534 4210 Reimburse tuition expenses 511 4310 07-15 Verizon billing 530 4210 07-13 Verizon billing 530 4210 Badge -Detective 511 3501 Holster -Coyle 530 3501 Calibrate traffic radar 530 4810 Python radar 530 3180 Oil,bike repairs,tapes 530 3101 Plaque hooks,hangers 534 3101 Postage 530 4210 MiLLer,Brousseau-Fall Seminar 530 4980 Total for Police Medic 1 Advisory -August 643 4150 Bunker boots 641 3111 Bunker boots 644 3111 Reimburse tuition expense 641 4310 Reimburse Lodging expense 642 4310 Nokia belt clip 611 4210 DC220SS June lease 611 4530 Total for Fire Blank CD's 711 3101 'Interim Project Manager' 711 4410 07-15 Verizon billing 711 4210 07-15 Verizon billing 711 4210 0715 Verizon billing 711 4210 Pitcher,cups,pens 711 3101 ArcView upgrades 711 3160 Asst Civil Eng II job ad 711 4410 DC460SLC June lease 711 4530 DC214S pe 05-01 cancel 711 4530 Total for Public Works Key rings-Billsborrow 863 3101 07-14 Qwest billing 862 4210 07-20 Qwest billing 863 4210 Flags,floats,rope,rope hooks 862 3120 Deck Stor-Away 862 3101 Repair refrigerator -lounge 830 4810 Valve for coffee maker 865 3120 Balls,Revolving trucks 865 3120 Tube seals,valve body 862 3120 Va7GBird,Graveside setup 866 3401 Vault-Bird,Graveside setup 865 4810 02/08/13-14:43 City of Port Angeles - LIVE MACHINE CHECK REGISTER Date From 07/27/2002 To 08/09/2002 Fnd Dpt Check Vendor Vendor Description GL Code Number Name Number Number 71443 Bentley Company, The 02585 71448 CED/Consolidated Elec Dist Inc 03267 71467 Washington (Unemp), State of 23178 71468 Familian NW 06020 71473 Fowler Company, H D 06110 71485 Lakeview Products NW LLC 12366 71490 Matthews International 13664 71495 Northwest Swim Shop 14219 71504 Peninsula Intl Relations Assn 16460 71505 Pettit OR Company 16302 71510 Quiring Monuments Inc 17001 • 71512 RWE Distributing (Dogipot Inc) 04252 71525 Svals, Verna L 19905 71528 Tessmer, Mrs Lee 0 20350 71529 Thurman Supply 20005 71530 Topper Industries Inc 20351 71553 Xerox Corporation 24001 • 101 0001 71357 Brewer, David August 13 2002 Page 3 Trimmer cutter bars 865 3120 Wire,receptacle covers 865 3120 2nd Qtr Unemployment 865 2060 Flush valve 865 3120 Irrigation heads 865 3140 Sprinkler parts 865 3140 PVC couplers,tee,pipe 865 3140 Irrigation repairs 865 3140 Blades,line,filters,clutches 865 3120 Spark plugs 865 3120 Bronze plate -Patterson 866 3401 Goggles,grab bags,straps 862 3101 Price adjustment 862 3101 Swimming gear 862 3101 Caps,nose clips,goggles,bags 862 3101 Price adjustment 8623101 Deposit rfds-Cancelled 863 36240021 Oil 830 3120 Swivel coupler 830 3120 Marker,foundation 866 3401 Marker,foundation-Jungman 866 3401 Foundation -Albright 866 3401 Inscription,bench-Bird 866 3401 Dogipot litter bags 865 3120 Buy back Lot 14,B1k 10A,Sec K 866 34360012 Buy back lot 4,blk 174,Sec 3 866 34360012 Orange marking paint 865 3140 CH -Spigot plug 830 6310 Toilet repair parts 865 3120 Exchange tank repair kit 865 3120 Cement,PVC schedule,adapters 862 3120 Bushing 865 3140 Wax ring extension kit 865 3120 Bushing 865 3140 Threaded plug 865 3140 Elbow 865 3140 CH-Pipe,straps,tape,couplings 830 3120 Unions couplings 862 3120 CH-Foam,paint,caulk,lamphldr 830 3120 Adapter 865 3140 Grab bar 862 3120 Wear plates,angles,cleats 865 3120 DC220SS June lease 863 4530 DC220SS June lease 811 4530 02055 Cd�i1act services -August Total for Parks & Recreation Total for General Fund 115 4990 Amount 106.44 117.31 502.03 112.79 261.92 398.09 117.88 285.79 224.62 134.55 70.00 756.10 31.76- 242.74 592.62 42.64- 70.00 41.89 38.91 169.10 243.20- 57.95 43.2057.95 1,313.28 202.39 319.00 650.00 5.51 3.90 16.32 4.43- 7.28 4.87 5.25 4.87 2.43 .71 72.50 15.61 25.98 .21 47.99 2,747.08 197.97 197.97 13,1 77.81 42,356.68 100.00 02/08/13-14:43 Fnd Dpt Check Vendor Number Name City of Port Angeles - LIVE MACHINE August 13 2002 Page 4 CHECK REGISTER Date From 07/27/2002 To 08/09/2002 Vendor Description GL Code Amount 102 71476 Global Chem Source LLC Number 07382 0007 71416 Verizon Wireless - Bellevue 01105 71436 Alpine Products Inc 01177 71457 Complete Line, The 03087 71461 Diversified Resource Center 04052 71476 Global Chem Source LLC 07382 71516 Ridout, Ken 18011 71529 Thurman Supply 20005 103 0001 71449 CTED/ED Conference 03685 71469 Federal Express Corp 06022 71514 Ravenhurst Development Inc 18362 Number Total for Convention Center Fund Asphalt release agent 102 2370000 Total for Department 07-15 Verizon billing 752 4210 070-05 Verizon billing 752 4210 Raised markers -white 752 3125 Pitcher,cups,pens 752 3101 Janitorial svcs-July 752 4810 Asphalt release agent 752 3120 Reimburse mileage expense 752 4310 Exhaust fan 752 3120 Party Outfitters Inc Total for Public Works Family Fun Day -Final pmt Total for Street Fund Smith -Governor's Conference 123 4310 July shipping chgs 123 4210 PA Parking 2002 pe 07-30 123 4150 Total for Economic Development 107 0005 71450 Call One Inc 03329 Headsets 532 3501 Total for PenCom 110 0001 71453 Clallam Cnty Economic Dev Cncl 03067 Reimburse Marketing expenses 130 4150 Total for "Port Angeles Works" 174 0008 71343 Party Outfitters Inc 16573 Family Fun Day -Final pmt 854 4150 71345 Pruss, Keri 16600 Reimburse Day Camps supplies 854 3101 71411 Solduc Valley Packers 19903 Bear Creek Homestead Day 854 4150 71425 Cole, Jerry 03687 Reimburse H2o Camp expenses 854 3101 71427 Oliver, Barbara 15057 Reimb 'Whale Watching' passes 854 3101 71434 Abreu, John 01530 Umpire adult softball league 851 4150 71435 Albertsons Inc 01204 Chips,video 854 3101 71455 Class of 167 03684 Deposit refund -less cleanup 855 34760020 71465 Elwood, Gregg A 05252 Umpire adult softball league 851 4150 71479 Hert, Richard F 08173 Umpire adult softball league 851 4150 71486 Laurel Black Design 12082 1000 Forest Frenzy brochures 852 4150 71500 Oriental Trading Co Inc 15033 Craft kits 854 3101 71517 Rooney, Randy L 18462 Umpire adult softball league 851 4150 71518 Rooney, Tim 18472 Umpire adult softball league 851 4150 71519 S & S Worldwide Inc 19866 Garden stakes 854 3101 71520 Scott, Brian 19877 Umpire adult softball league 851 4150 71523 Sports ETC Magazine 19900 '72st Frenzy' 1/3 page ad 852 4410 71526 Swanson, Dan 19878 Umpire adult softball league 851 4150 02/08/13-14:43 City of Port Angeles - LIVE MACHINE August 13 2002 Page 5 Fnd Dpt Check Vendor Number Name 71532 Turner, Cynthia 71540 Vickery-Capener, Joanne 71551 White, Theresa 310 0007 71401 Primo Construction Inc 16033 71469 Federal Express Corp 06022 71537 Unger Engineering Inc, Gene 21104 71552 Wiss Janney Eistner Assoc Inc 23619 0008 71378 Horizon Excavating Inc 08560 71529 Thurman Supply 20005 3T6 0008 71407 Roy, Barbara 18474 71462 Dungeness Turf Farm Inc 04060 71524 Strauss, Jessica 19906 327 0007 71360 Builders Exchange of WA Inc 02609 401 CHECK REGISTER Bowman, Steve 02691 Date From 07/27/2002 To 08/09/2002 Boyd & Gina Indelicato, Amanda 02692 Vendor Description GL Code Number 71368 Number 20347 Rfd-H20 camp,river rafting 854 34760020 04420 Rfd-H20 camp,river rafting 854 34760020 22129 Damage/key deposit rfd-VBMCC 855 34760020 23665 Refund -River rafting trip 854 34760020 310 0007 71401 Primo Construction Inc 16033 71469 Federal Express Corp 06022 71537 Unger Engineering Inc, Gene 21104 71552 Wiss Janney Eistner Assoc Inc 23619 0008 71378 Horizon Excavating Inc 08560 71529 Thurman Supply 20005 3T6 0008 71407 Roy, Barbara 18474 71462 Dungeness Turf Farm Inc 04060 71524 Strauss, Jessica 19906 327 0007 71360 Builders Exchange of WA Inc 02609 401 71354 Bowman, Steve 02691 71355 Boyd & Gina Indelicato, Amanda 02692 71358 Bright, Randy and Jeanette 02693 71368 Dickerson, Kristen 04419 71370 Duckett, Tanya 04420 71373 Frantz, William 06326 71380 Jefferies, Linda 10255 71384 Kjosen, Leslie 11276 71385 Knight, Sara 11277 71386 Kunce, Troy 11278 71390 Meirose, Jeremy 13701 71395 Olympic Medical Center 15028 71400 Port Angeles School District 16123 71402 Properties by Landmark 12008 71418 WESCO Distribution Inc 23150 71419 Walde, Keith 23662 Total for Recreational Activities Fund Laurel St Project 783 4150 July shipping chgs 777 3101 PA Trail Bridge 792 4150 PA Fire Station Roof leakage 783 4150 Total for Public Works Rayonier Trail pmt 1 890 4150 Bushings 897 3101 Total for Parks & Recreation Total for Capital Improvement Fund Damage/Key Deposit refund 860 36240012 Sod -Snapple Tournament 860 3101 Deposit rfd-Loomis Bldg 860 36240012 Total for Lincoln Park Improvement Fund Carnegie Library,Pump Station 796 4410 Total for Carnegie Library Utility deposit rfd-023094005 401 2391200 Utility deposit rfd-124619013 401 2391200 Utility deposit rfd-124480014 401 2391200 Utility deposit rfd-103616039 401 2391200 Utility deposit rfd-091472029 401 2391200 Utility deposit rfd-114685021 401 2391200 Utility deposit rfd-018589016 401 2391200 Utility deposit rfd-023329021 401 2391200 Utility deposit rfd-022268019 401 2391200 Utility deposit rfd-006424026 401 2391200 Utility deposit rfd-028975027 401 2391200 Utility overpmt rfd-028975027 401 1222200 Utility overpmt rfd-051853005 401 1222200 Utility overpmt rfd-063266002 401 1222200 Utility overpmt rfd-062740024 401 1222200 Wedge connectors,cartridges 401 1414000 Wedge connectors,cartridges 401 1411000 Secondary pedestals 401 1414000 Se7d2dary pedestals 401 1411000 Utility deposit rfd-040410027 401 2391200 Amount 150.00 30.00 50.00 30.00 5,553.38 22,453.15 7.45 5,800.00 7,012.70 35,273.30 42,200.11 5.17 42,205.28 77,478.58 50.00 281.32 50.00 381.32 94.99 94.99 154.54 71.52 105.61 64.62 59.85 76.16 125.00 162.15 174.86 70.55 18.42 44.71 87.54 310.89 75.11 1,387.36 309.65 2,068.80 182.05 40.44 02/08/13-14:43 City of Port Angeles - LIVE MACHINE August 13 2002 Page 6 CHECK REGISTER Date From 07/27/2002 To 08/09/2002 Fnd Dpt Check Vendor Vendor Description GL Code Amount Number Name Number Number 71420 Watthour Engineering Co Inc 23659 Test board leases -August 401 2370000 188.27- 71421 Welch, Jerry 23663 Utility deposit rfd-004324025 401 2391200 72.64 71422 Workman, Laura 23664 Utility deposit rfd-038156021 401 2391200 15.44 71472 Forestry Suppliers Inc 06217 Extractors 401 2370000 3.77- 71509 Quill Corporation 17000 Pens 401 2370000 4.37 - HP Inkjet cartridges 401 2370000 5.74- 71535 USA Light & Electric 21106 Emergency lighting system 401 2370000 74.79- 71550 Western States Electric Inc 23025 Hot line clamps 401 1414000 582.50 Anchor rods,clamps,washers 401 1411000 1,036.45 Insulators 401 1411000 172.62 Tension splices 401 1411000 947.29 Freight chgs 401 1411000 117.34 Total for Department 8,257.17 0009 71361 Business Answerphone Service 02166 August service 911 4810 160.00 71377 HighLine Equipment Div 08063 Breech assembly 911 3501 220.03 71379 Ireland, David H 09133 Reimburse mileage 911 4310 51.35 71398 Parsinen Landscape Maint Inc 16258 Landscape maintenance -July 911 4810 1,532.84 71399 Port Angeles City Treasurer 03062 Filing fees -Rinehart 911 4990 38 71404 Qwest 21001 07-14 Qwest billing 911 4210 3 71415 United Rentals Inc 16034 Tractor,traiter equipment 911 4530 842.30 71416 Verizon Wireless - Bellevue 01105 07-15 Verizon billing 911 4210 36.00 71420 Watthour Engineering Co Inc 23659 Test board leases -August 911 4530 2,484.23 71447 Builders Exchange of WA Inc 02609 'Mezzanine Construction' ad 930 4410 9.55 71448 CED/Consolidated Elec Dist Inc 03267 Breaker,puLLs,housing box 911 3402 100.89 Lighting parts 911 3402 42.33 71461 Diversified Resource Center 04052 Janitorial svcs-July 911 4810 175.10 71464 Economic & Engineering Svc Inc 05004 Electric/SW Rate Study -June 911 4150 2,293.77 71467 Washington (Unemp), State of 23178 2nd Qtr Unemployment 911 2060 645.10 71472 Forestry Suppliers Inc 06217 Extractors 911 4810 49.67 71482 JACO Analytical Laboratory Inc 10237 PCB in oil testing 911 4810 522.00 71489 Marsh Mundorf Pratt Sullivan 13287 WPAG 2002 pe 07-29 914 4901 610.36 71501 PUD #1 of ClaLLam County 16038 07-23 billing Lauridsen Blvd 911 3350 19.78 07-30 billing -2110 Glass Rd 911 3350 59.27 71509 Quilt Corporation 17000 Pens 911 3101 57.65 HP Inkjet cartridges 911 3101 75.72 71515 Red Lion Hotel -Port Angeles 18112 Overtime meals 911 4310 51.37 71529 Thurman Supply 20005 Pole breaker 911 3120 38.93 PVC couplings,adapters,conduit 911 3402 45.78 Double pole breaker 911 3402 19.47 71531 Transfac Funding Corporation 20059 Freight chgs-Sign Up Corp 911 4210 55.27 71535 USA Light & Electric 21106 Emergency lighting system 911 3501 986.79 71546 Washington (DRS), State of 23141 Statewide pensioners -June 911 2030 200.16 Statewide pensioners -July 911 2030 200. 71553 Xerox Corporation 24001 DC2220SS June lease 911 4530 27-6 Total for Light 11,941.41 7 4 Total for Light Fund 20,198.58 02/08/13-14:43 Fnd Dpt Check Vendor Number Name 402 71350 Badger Meter Inc City of Port Angeles - LIVE MACHINE CHECK REGISTER Date From 07/27/2002 To 08/09/2002 Vendor Number 02133 71400 Port Angeles School District 16123 16 71437 71442 Alvarion Backflow Apparatus & Valve Co 01545 02346 Water 71458 Control Chief 03683 Water 71468 Familian NW 06020 • 71534 USA BlueBook 71539 Val -Matic Valve & Mfg Corp 21060 22128 0007 71346 AT&T Business Service 01085 71348 Airport Garden Center 13409 71349 Aldergrove Construction Inc 01286 71394 ONDEO Nalco Chemical Company 14170 71404 Qwest 21001 71410 Sanderson Safety Supply Co 19048 71416 Verizon Wireless - Bellevue 01105 Description GL Code Number August 13 2002 Page 7 Water meters 402 1414000 Water meters 402 1411000 Water meters 402 1414000 Water meters 402 1411000 Water meters 402 1414000 Water meters 402 1411000 Water meters 402 1414000 Water meters 402 1411000 Water meters 402 1414000 Water meters 402 1411000 Water meters 402 1414000 Water meters 402 1411000 Water meters 402 1414000 Water meters 402 1411000 Water meters 402 1414000 Water meters 402 1411000 Water meters 402 1414000 Water meters 402 1411000 Utility overpmt rfd-070840002 402 1222200 Wireless outdoor bridging unit 402 2370000 Backflow preventer 402 2370000 Transmitter 402 2370000 Water utility materials 402 1414000 Water utility materials 402 1411000 Water utility materials 402 1414000 Water utility materials 402 1411000 D -Chlor tablets 402 2370000 Lift station check valves 402 2370000 Plug valve 402 2370000 Total for Department Amount 4,275.00 350.56 1,032.50 84.66 140.20 11.49 905.00 74.22 1,355.00 111.12 1,017.90 83.46 1,580.00 129.56 3,950.00 323.90 6,320.00 518.24 56.47 39.67- 123.39- 53.85- 22,371.74 4,367.48 198.23 16.25 25.37- 79.88- 74.63 - 48,876.19 AT&T LD billing 753 4210 78.30 Grass seed 753 3402 30.29 Rfd overpmt permit 1276 753 34340025 490.00 Poly flocculant 754 3120 3,554.38 07-16 Qwest billing 754 4210 57.42 07-20 Qwest billing 754 4210 57.42 07-20 Qwest billing 754 4210 57.42 07-20 Qwest billing 754 4210 57.42 07-20 Qwest billing 754 4210 57.42 07-20 Qwest billing 754 4210 57.42 07-20 Qwest billing 754 4210 57.42 07-23 Qwest billing 753 4210 64.15 07-23 Qwest billing 754 4210 57.42 07-23 Qwest billing 754 4210 57.42 07-23 Qwest billing 754 4210 57.42 07-20 Qwest billing 754 4210 40.75 Carbon monoxide sensor 754 3120 282.31 075 Verizon billing 753 4210 23.40 07-15 Verizon billing 754 4210 2.28 02/08/13-14:43 City of Port Angeles - LIVE MACHINE August 13 2002 Page 8 CHECK REGISTER Date From 07/27/2002 To 08/0912002 Fnd Dot Check Vendor Vendor Description GL Code Amount Number Name Number Number 07-15 Verizon billing 754 4210 15.86 71430 Young, Jeff 25129 Staff Appreciation lunch 754 4310 67.38 71437 Alvarion 01545 Wireless outdoor bridging unit 753 4210 523.42 71442 Backflow Apparatus & Valve Co 02346 Backflow preventer 754 3120 1,628.06 71446 Brown and Caldwell 02057 PA WW projects pe 07-26 794 4150 10,786.51 71452 Clallam Cnty Div of Env Health 03066 Water testing 753 4810 432.00 71458 Control Chief 03683 Transmitter 754 4810 710.50 71461 Diversified Resource Center 04052 Janitorial svcs-July 753 4810 77.83 71468 Familian NW 06020 Mega lug kits 753 3402 596.48 PVC elbows,tees,couplings 754 3120 63.34 PVC elbows,tees 754 3120 59.83 Vacuum relief valves 753 3402 111.27 71469 Federal Express Corp 06022 July shipping chgs 753 3402 8.80 July shipping chgs 754 4210 77.55 July shipping chgs 753 4210 11.35 71473 Fowler Company, H D 06110 Credit Retainer glands 753 3402 224.11- 71483 Jamestown Excavating 10254 Valley Creek waterline 793 6510 12,368.07 71499 Olympic Region Clean Air Agcy 15017 Registration fees-Wastewater 754 4990 231.00 71529 Thurman Supply 20005 Plumbing fittings 753 3120 22.69 Brass tees 753 3402 70 71534 USA BlueBook 21060 D-Chlor tablets 753 4810 33 Lift station check valves 754 3120 1,053. 71539 Val-Matic Valve & Mfg Corp 22128 Plug valve 754 3120 984.66 Total for Public Works 35,151.55 Total for Water/Wastewater Fund 84,027.74 404 71437 Alvarion 01545 Wireless outdoor bridging unit 404 2370000 39.67- 71522 Spill 911 Inc 19904 2 Drum hardcover,spill pallet 404 2370000 74.53- 71539 Val-Matic Valve & Mfg Corp 22128 5000 series plug 404 2370000 53.67- Total for Department 167.87- 0007 71387 L & S Tire Company 12396 Recycle tires 755 4810 750.00 71398 Parsinen Landscape Maint Inc 16258 Landscape maintenance-July 755 4150 1,302.00 71429 TaylorSparks Refrigeration Inc 20290 Remove refrigerant,compressors 755 4810 1,044.13 71437 Alvarion 01545 Wireless outdoor bridging unit 755 4210 523.41 71440 Automated Business Systems Inc 01050 Xerox toner cartridge 755 3101 157.42 71444 Best Access Systems 02606 Deadbolt,padlocks 755 3120 154.52 71461 Diversified Resource Center 04052 Janitorial svcs-July 755 4810 194.54 71487 Les Schwab TireCtr-Solid Waste 19755 Tubes 755 3120 22.48 71493 Murrell-Hickey & Associates 13588 Coupling adapters,bolt kits 755 4810 730.52 71499 Olympic Region Clean Air Agcy 15017 Registration fees-Landfill 755 4990 228.00 Registration fees-LF Compost 755 4990 214.00 71522 Spill 911 Inc 19904 2 Drum hardcover,spill pallet 755 3120 98 71536 USDA APHIS Wildlife Services 21069 Alleviate wildlife hazards 755 4150 19,985. 71539 Val-Matic Valve & Mfg Corp 22128 5000 series plug 755 4810 708.09 7 6 Total for Public Works 26,998.02 7 02/08/13-14:43 City of Port Angeles - LIVE MACHINE August 13 2002 Page 9 CHECK REGISTER Date From 07/27/2002 To 08/09/2002 Fnd Dpt Check Vendor Vendor Description GL Code Amount Number Name Number Number Total for Solid Waste Fund 26,830.15 421 71399 Port Angeles City Treasurer 03062 Weatherization filing fees 421 2451000 133.00 Total for Conservation Fund 133.00 501 71369 Diesel Power NW LLC 04418 Rebuilt transmission 501 2370000 1,104.95- 71505 Pettit OR Company 16302 Gasoline 501 1412000 3,543.80 Diesel 501 1412000 3,103.52 Diesel 501 1412000 342.30 Diesel 501 1412000 1,402.38 Total for Department 7,287.05 0007 71369 Diesel Power NW LLC 04418 Rebuilt transmission 760 3402 14,579.95 71424 Burrett, Peter W 02163 Reimburse mileage expense 760 4310 45.83 71459 Copy Cat Graphics 03380 Vehicle graphics -K9 unit 760 4810 64.92 71461 Diversified Resource Center 04052 Janitorial svcs-July 760 4810 116.70 71487 Les Schwab TireCtr-Solid Waste 19755 Credit tire separation 760 3110 62.11 - Flat repair,wheet switch,tire 760 3110 246.98 Flat repair,wheel switch,tire 760 3402 88.72 Flat repair,wheet.switch,tire 760 4810 68.65 Tire,dismount,mount,switch 760 3110 459.78 Tire,dismount,mount,switch 760 4810 48.69 Tire,dismount,mount,switch 760 3402 114.64 Flat repair 760 4810 51.23 71498 Olympic Arma Coatings Inc 01109 Coating aluminum parts 760 3402 143.37 Coating aluminum parts 760 4810 220.90 71505 Pettit OR Company 16302 Lubricant 760 3220 589.32 EQ 0005 July gasoline 760 3210 28.35 EQ 0007 July diesel 760 3211 80.66 EQ 0009 July gasoline 760 3210 70.54 EQ 0015 July gasoline 760 3210 18.52 EQ 0018 July gasoline 760 3210 36.98 EQ 0023 July gasoline 760 3210 14.49 EQ 0027 July gasoline 760 3210 24.66 EQ 0028 July gasoline 760 3210 22.92 EQ 0029 July gasoline 760 3210 18.48 EQ 0030 July gasoline 760 3210 62.08 EQ 0040 July gasoline 760 3210 51.61 EQ 0041 July gasoline 760 3210 56.27 EQ 0042 July gasoline 760 3210 22.82 EQ 0043 July gasoline 760 3210 92.26 EQ 0044 July gasoline 760 3210 73.07 Ea 0045 July gasoline 760 3210 241.78 EQ 0046 July gasoline 760 3210 41.82 EQ 0047 July gasoline 760 3210 97.45 EQ 0048 July gasoline 760 3210 84.24 EQ 0053 July gasoline 760 3210 117.42 EgN754 July gasoline 760 3210 112.48 EQ 0065 July gasoline 760 3210 26.10 02/08/13-14:43 City of Port Angeles - LIVE MACHINE August 13 2002 Page 10 Fnd Dpt Check Vendor Number Name CHECK REGISTER Date From 07/27/2002 To 08/09/2002 Vendor Description Number 71548 Western Equipment Distrib Inc 23019 71549 Western Peterbilt Inc 23020 EQ 0070 July gasoline EQ 0073 July gasoline EQ 0078 July gasoline EQ 0080 July gasoline EQ 0081 July gasoline EQ 0082 July gasoline EQ 0083 July gasoline EQ 0084 July gasoline EQ 0085 July gasoline EQ 0086 July gasoline EQ 0087 July gasoline EQ 0088 July gasoline EQ 0089 July gasoline EQ 0090 JUIy gasoline EQ 0095 July gasoline EQ 0096 July gasoline EQ 0138 July gasoline EQ 0148 July gasoline EQ 0151 July gasoline EQ 0152 July gasoline EQ 0191 July gasoline Pinnions,bearings,gear bevel Message center,gauge Scale plate 0 GL Code Amount Number 760 3210 115.67 760 3210 186.57 760 3210 53.68 760 3210 121.42 760 3210 103.30 760 3210 63.21 760 3210 81.38 760 3210 102.22 760 3210 66.17 760 3210 150.26 760 3210 66.82 760 3210 85.15 760 3210 59.26 760 3210 46.39 760 3210 55.15 760 3210 61.89 760 3210 104.53 760 3210 8.34 760 3210 29.29 760 3210 35.81 760 3210 7 760 3402 2,15 760 3402 525.05 760 3402 20.66 Total for Public Works 22,481.43 Total for Equipment Services Fund 29,768.48 502 0002 71375 HTE Users' Group Inc 08559 Harper -HUG 14th annual conf 250 4310 325.00 71416 Verizon Wireless - Bellevue 01105 07-15 Verizon billing 250 4210 17.21 71492 Moss Bay Group 13704 Completion of IT audit 250 4150 9,000.00 Total for Information Technology Fund 9,342.21 503 0001 71342 Baty, Richard 02694 Electrical damage claim 119 4999 70.34 71351 Bailey, Jim 02567 Reimb Medicare premium -August 121 4635 50.00 71352 Balser, Fred 02243 Reimb Medicare premium -August 121 4635 45.50 71353 Bishop, Virgil 02019 Reimb Medicare premium -August 121 4635 94.00 71362 Cameron, Kenneth 03252 Disability board claims -June 121 4635 66.00 Reimb Medicare premium -August 121 4635 80.00 71364 Camporini, Richard 03273 Disability board claims -June 121 4635 3,316.00 Reimb Medicare premium -August 121 4635 50.00 71372 Flex -Plan Services Inc 06158 July processing 121 4150 122.40 71374 Grooms, Michael E 07187 Reimb Medicare premium -August 121 4635 54.00 71381 Johnson, Donald G 10052 Reimb Medicare premium -August 121 4635 50 71382 Johnson, Harry 10047 Reimb Medicare premium -August 121 4635 5 71383 Jorissen, Robert R 10013 Disability board claims -June 121 4635 12. Reimb Medicare premium -August 121 4635 54.00 71388 Lindley, James K 12019 R78 Medicare premium -August 1214635 54.00 71389 Loucks, Jasper 12186 Reimb Medicare premium -August 121 4635 85.00 02/08/13-14:43 City of Port Angeles - LIVE MACHINE August 13 2002 Page 11 0 Fnd Dpt Check Vendor Number Name 71391 Miesel, Phil 71392 Morgan, Roy 71413 Sweatt, Johnnie 71414 Thompson, Bruce 71428 Schroeder, Ron and Lois 71460 Dept of Labor & Industries 71478 Healthcare Mgt Admnstrs Inc 71494 NW Admin Transfer Acct 71547 Weight Watchers CHECK REGISTER Date From 07/27/2002 To 08/09/2002 Vendor Number 13261 13145 19146 20083 19890 04046 08492 14169 23640 782312034 Healthcare Mgt Admnstrs Inc 08492 784323261 Healthcare Mgt Admnstrs Inc 08492 602 0002 71356 Braun, Gary 02173 121 71363 Campbell, Malcolm D 03045 4635 71371 Evans, Sidney 05103 Claim settlement #20-02 71408 Ryan, Ed 18034 652 0008 71404 Owest 21001 697 71400 Port Angeles School District 16123 71454 Clallam Cnty Housing Authority 03305 71475 Gellor Insurance Inc 07030 71508 Possinger, Carol 16601 71511 Qwest Wireless 17031 71541 Virginia Mason Port Angeles 22061 698 71432 AFSCME Local 1619 01152 121 71433 AFSCME Local 1619 01153 4635 71466 Employees Association 05041 Claim settlement #20-02 71470 Firefighter's Local 656 06076 118 71471 Flex -Plan Services (Payroll) 06062 4601 71480 IBEW Local 997 09034 Sworn officers Aug premium 71481 Internal Revenue Service Ctr 09150 121 71496 Office of Support Enforcement 15072 4150 71497 71506 Office of Support Enforcement Police Association 15166 16156 07-23 Weekly claims pd EFT 71527 Teamsters Local 589 20056 117 71533 US Department of Education 21075 2315200 71538 United Way (payroll) 21028 pe 71543 WSCCCE AFSCME AFL-CIO 23167 Description GL Code Number Reimb Medicare premium -August 121 4635 Reimb Medicare premium -August 121 4635 Reimb Medicare premium -August 121 4635 Reimb Medicare premium -August 121 4635 Claim settlement #20-02 119 4999 Workers' Comp -3rd Qtr 118 4950 August Dental premium 117 4601 Non -sworn group Aug premium 121 4633 Sworn officers Aug premium 121 4633 Retirees Aug premium 121 4634 8 Employee fees a 159.00 121 4150 Reidel,Kenworthy fees 121 4150 07-23 Weekly claims pd EFT 117 4601 07-30 Weekly claims pd EFT 117 4601 Total for Self - Insurance Fund Reimb Medicare premium -August 225 4635 Reimb Medicare premium -August 225 4635 Reimb Medicare premium -August 225 4635 Reimb Medicare premium -August 225 4635 Total for Firemen's Pension Fund 07-23 Qwest billing 868 4210 Total for Esther Webster Trust Fund Rfd double pmt PAS121 10-01 697 2391000 Rfd double pmt -#I020007938 697 2391000 Rfd Medic 1 pmt-EMBREL-Embree 697 2391000 Rfd double pmt #1010005468 697 2391000 Rfd double pmt #1010005072 697 2391000 Rfd double pmt #I020008749 697 2391000 Amount 46.10 54.00 65.70 50.00 1,745.24 13,149.67 1,692.80 15,378.20 18,748.05 8,528.45 1,272.00 238.50 4,154.00 2,973.80 72,353.75 54.00 54.00 45.50 54.00 207.50 60.50 60.50 4,837.77 80.00 293.00 30.00 11.50 315.00 Total for Accts.Receivable Clearing Fund 5,567.27 Payroll deductions pe 08-04 698 2315200 85.00 Payroll deductions pe 08-04 698 2315200 170.00 Payroll deductions pe 08-04 698 2315210 356.00 Payroll deductions pe 08-04 698 2315200 1,100.00 Payroll deductions pe 08-04 698 2315210 950.96 Payroll deductions pe 08-04 698 2315200 603.00 Payroll deductions pe 08-04 698 2315210 43.00 Payroll deductions pe 08-04 698 2315210 1,524.20 Payroll deductions pe 08-04 698 2315210 169.85 Payroll deductions pe 08-04 698 2315210 251.00 Payroll deductions pe 08-04 698 2315200 2,458.00 Payroll deductions pe 08-04 698 2315210 69.41 P7*ll dedcutions pe 08-04 698 2315240 391.48 Payroll deductions pe 08-04 698 2315200 3,125.87 02/08/13-14:43 City of Port Angeles - LIVE MACHINE CHECK REGISTER Date From 07/27/2002 To 08/09/2002 August 13 2002 Page 12 Fnd Dpt Check Vendor Vendor Description GL Code Number Name Number Number 71544 DiMartino/WSCFF Disability 06052 Payroll deductions pe 08-04 698 2315190 Total for Accounts Payable Clearing Fund Grand Total A 0 Amount 885.11 12,182.88 392,247.03 C • G&LBS COUNCIL DATE: August 20, 2002 TO: MAYOR WIGGINS AND CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works and Utilities 11�� SUBJECT: Stormwater - Regulations and Utility Ordinance; Set Public Hearing Date Summary: Staff has completed development of an ordinance for formation of a stormwater management program. UAC has reviewed the ordinance and recommended forwarding to Council for a public hearing and adoption: Recommendation: Set a public hearing date of September 3, 2002 for receipt of input regarding formation of a stormwater utility. Input from the public hearing will be used for discussions and a decision regarding adoption of the ordinance and formation of the stormwater utility at the September 17, 2002 Council meeting. Background/Analysis: At the June 5, 2001 City Council approved proceeding with the development of a stormwater utility for implementation early in 2002. Staff and our consultant, Brown and Caldwell, have reviewed other City's stormwater utilities and our previous stormwater management plans in development of a proposed ordinance to implement the stormwater utility. In working toward formation of the stormwater utility a series of public meetings were held in April 2002 to disseminate information concerning the need for a new stormwater utility, recent regulations, benefits, cost implications, highlights of the proposed ordinance and obtain feedback to help shape a recommendation to the UAC and City Council. Presentations were given to the Chamber of Commerce, the Port Angeles Business Association, business owners, and residential owners. The public meetings for the business and residential owner were held during the day, as well as the evening, to facilitate attendance. The presentations were also available on the City website for individuals to review. The results of the meetings were presented to the UAC on May 14, 2002. Subsequently, staff has met several times with the UAC to develop an ordinance and fee structure which is equitable to business and residents while meeting our minimum needs. At the UAC meeting of August 13, 2002 it was recommend that the stormwater utility formation be forwarded to Council to set a date for a public hearing and adoption. 0 N:\PROJECTS\21-12STRM$\8-20CC.wpd W • 0 • CITY OF 'ELES ORT -.N-.G ••w WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: AUGUST 20, 2002 TO: MAYOR WIGGINS AND CITY COUNCIL y FROM: TIMOTHY J. SMITH ECONOMIC DEVELOPMENT DIRECT SUBJECT: HOOD CANAL CLOSURE MITIGATION Summary: Recently, City representatives attended a multi -agency meeting regarding mitigation planning during the timelhat the Hood Canal Bridge will be closed for reconstruction. The purpose of the meeting was to discuss current mitigation planning and the potential for changes that the group may want to try and have WSDOT consider prior to the adoption of a final plan. A consensus was reached among the group to propose some potential changes to the current mitigation plans. The group in attendance further agreed to request each of their respective agencies send a position paper advocating the proposed changes to the Peninsula RPTO. Recommendation: Authorize the Mayor to sign the attached letter. Background / Analysis: On July 26, 2002, Councilman Williams and Economic Development Director Smith attended a Clallam/Jefferson County -wide, multi -agency meeting regarding mitigation planning for time period during which the Hood Canal Bridge will be closed for reconstruction. Other representatives from the greater Port Angeles area included the Port Angeles Chamber of Commerce, the Port of PA, Clallam County EDC and others. Tim Caldwell, Port Townsend Chamber of Commerce, opened the meeting by reviewing the initial premise for bringing together the various groups which was to discuss current mitigation planning and the potential for jointly suggesting changes that the group may want to have WSDOT consider prior to the adoption of a final mitigation plan. Tim then introduced Mayor David Timmons, City of Port Townsend, who described the current planning and led a discussion regarding potential changes to maximize potential benefits of the mitigation effort for the Olympic Peninsula. The meeting topics divided included three primary areas: 1. Emphasizing that any proposal to change some of the current mitigation direction avoid unduly disrupting current construction schedules . 2. Discussion of doable alternatives. a. Block Grant b. Marketing c. Business Outreach Services 3 . Goal for the meeting —to reach consensus for recommending amendments to the current mitigation program. The following is a list of discussion items touched on during the course of the meeting: 1. Analysis of the cost of transporting product down the Hood Canal on Hwy 101 and through the. Hoodsport area. 0 2. Marketing for bridge closure should be addressed with strong emphasis and participation at the local level. 3. Focus should be on the most important items, and that consensus recommendations be channeled to the WSDOT through the Peninsula RTPO for maximum impact. 4. Change location of ferry landing — supplant Southpoint as an option. 5. Support for a third ferry for the Port Townsend to Keystone route and a ferry for a Port Townsend to Seattle run. 6. Navy and Coast Guard role — Commanding Officer at Indian Island may support some type of permanent mitigation site. Future bridge failures may not allow the bridge to open. 7. Post closure planning regarding Hwy 10, in recognition that the highway will experience tremendous load stresses during the bridge closure. 8. Business outreach services: a. Specialized loans to reduce the risk of doing business during the closure b. Centralized distribution and storage center — drop/ship terminus i. Station refrigerated trucks on the peninsula ii. Barge facility in Port Angeles and Port Townsend Paper site iii. Create a barge run to bring in truck trailers iv. Indian Island as a barge facility? c. Specialized business counseling services 9. Need for additional customs personnel. CONSENSOUS ITEMS A. Use Gateway Visitor's Center location for proposed interim parking lot (Hwy 104 and SR 19) B. Secure third ferry Port Townsend to Keystone C. Channel $750,000 mitigation funds for marketing through existing Clallam/Jefferson Joint Marketing Group D. Use block grant fund to address other potential mitigation measures. E. Barge terminals and distribution/storage facilities should be considered. F. Hwy 101 post -closure repair work should be planned and budgeted for construction after the bridge job is reopened. It was agreed that each of the agencies present would recommend a position paper advocating for these changes be forwarded to the Peninsula RPTO for potential consideration by WSDOT. The position paper would also be copied to appropriate State and Federal legislative officials. The following persons and agencies were in attendance at the July 26h, 2002 meeting. NAME ORGANIZATION Sally Smith Port Ludlow Village Council Mark Dorsey Port Ludlow Associates Kate Marsh QuilceneBrinnon Chamber of Commerce Bill Hannan Port of Port Angeles Timothy J. Smith City of Port Angeles Marny Hannan Sequim Dungeness Chamber of Commerce Larry Williams City of Port Angeles Mari Mullen Port Townsend Main Street Program M Is 11 • �0��R CITY OF I "S . .A, �z� ,�— WAS H I N GTO N, U.S.A. DATE: To: FROM: SUBJECT: CITY COUNCIL MEMO August 20, 2002 MAYOR WIGGINS AND CITY COUNCIL Brad Collins, Community Development Director i MUNICIPAL CODE AMENDMENTS MCA 01-02B Summary: The Council continued its public hearing on a comprehensive review of development regulations in the Port Angeles Municipal Code (PAMC) to the August 20, 2002, meeting. In 2001, the Citizen Code Advisory Committee (CCAC) of representatives from community interests related to development proposed amendments, which have been reviewed by the Planning Commission at a number of public hearings. Some of the amendments, particularly in the Sign Code, continue to be issues, which the City Council will need to resolve. Recommendation: The Department of Community Development recommends that the City Council continue their deliberations on Municipal Code Amendments MCA 01-02B to its regular City Council meeting of September 3, 2002, at which time final draft ordinances for amendments to Titles 14, 16, and 17 will be brought forward. Background / Analysis: The issues with consolidating all the sign regulations into Chapter 14.36 following the language in the Downtown Sign Code and incorporating the Zoning Code sign regulations for other zones remain the most controversial. In particular, the size limitation of billboards has three options from which the Council should choose. The County and public testimony at the June 17 public hearing requested minimizing billboards to a size limit of 128 (8'x 16') square feet as in the County's sign regulations or prohibit them all together. The staff suggested using the current sign industry standard of 600 (12'x50') square feet. A third option would be to limit billboards to 300 (10'x30') square feet, the sign industry standard at the time many of the billboards in Port Angeles were erected. Most of the other issues with amendments to the sign regulations stem from applying what were previously the "Downtown Sign Code requirements" to the other nonresidential zones throughout the City. For example, staff has long interpreted sign exemptions and prohibitions from the Downtown Sign Code for signs outside the Central Business District, because the sign regulations in the Zoning Code ignore not only most of these administrative actions but also sign definitions and permit procedures. See Attachment B for all the proposed Sign Code amendments. The issues regarding parking space requirements into Chapter 14.40 have had little public testimony. For the most part, the amendments simply add requirements for new uses and modify or eliminate requirements for archaic uses. Several Planning Commissioners were concerned about the parking problems of institutional uses such -as h$osspitals and colleges that are reflected in standards CC Memo - Municipal Code Amendments MCA 0l -02B August 20, 2002 Page 2 which do not correspond to current traffic patterns for such uses. The developing concepts of "low impact development" (LID) and "smart growth" question using "minimum" parking requirements instead of "maximum" parking requirements. However, this issue of minimum versus maximum parking requirements for new development has not been brought forward. See Attachment C for all the proposed Parking Ordinance amendments. The issues with clarifying subdivision regulations and standardized street improvement requirements revolve around correcting references between various PAMC sections where the standards have been cross-referenced over many years. Most of the examples are with minor language conflicts describing local access street standards. A more recent cross-referencing problem came up in a short plat appeal over sewer connection for all new subdivision lots created after January 1, 1995, while language in Chapter 16.04 and 16.08 still seemed to allow for septic systems under some conditions. This particular issue is not in the proposed amendments. See Attachment D for all the proposed amendments in the four Subdivision Ordinances. The issues with the Zoning Code strike to the heart of the Citizen Code Advisory Committee's concerns, which were to clarify and emphasize what development is desired in each zone. The various code requirements could be more user-friendly and easier to read if the purposes of the development regulations were made positively about what development the community wants to take place as opposed to statements about requirements explaining what cannot be done. See Attachment E for all the proposed Zoning Code amendments. Attachments: Attachment B Sign Code Amendments (Chapter 14.36) Attachment C Parking Ordinance Amendments (Chapter 14.40) Attachment D Subdivision Ordinances Amendments (Title 16) Attachment E Zoning Code Amendments (Title 17) C • ATTACHMENT B ORDINANCE NO AN ORDINANCE of the City of Port Angeles, Washington, creating a new City-wide Sign Code by incorporating the Downtown Sign Code requirements for commercial, industrial, and institutional signs and adding new regulations for commercial message signs to include allowances for. A -frame signs, temporary commercial event signs, and electronic messaging signs and specifications for the maximum size of billboard signs, repealing the current zone -specific sign regulations as set forth in PAMC 17.20.220, 17.21.220, 17.22.220, 17.23.220, 17.30.070, 17.32.070, 17.34.070, and 17.40.080, and amending Ordinances 1709 and 2152, as amended, and Chapter 14.36 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. Ordinance 2152 as amended and Title 14 of the Port Angeles Municipal Code are hereby amended by amending Chapter 14.36 PAMC to read as follows: Sections: Chapter 14.36 SIGN CODE 14.36.010 Purpose. 14.36.020 Definitions. 14.36.030 Applicability. 14.36.040 Permit. 14.36.050 Exempt Signs. 14.36.060 Requirements Applicable to All Nonexempt Signs. 14.36.070 Permitted Signs. 14.36.080 Prohibited Signs. 14.36.090 Removal of Prohibited and Nonconforming Signs. 14.36.095 Maintenance 14.36.100 Variances. 14.36.110 Notice. 14.36.120 Enforcement. 14.36.130 Violation - Penalty. 91 -1- 14.36.010 Purl ose. The purpose of this Chapter is to enhance the aesthetic and commercial appeal of theeentral Busirmss District of the City by establishing standards and* regulations for the design, placement, size and maintenance of all exterior signs and sign structures, which convey a commercial message and aid theeg neral public in locating businesses goods and services. , in . The intent of the Sign Code is to differentiate between the intensities of various commercial and industrial zones as well as the pedestrian character of the Central Business District and Commercial Neighborhood Zones and the automobile -oriented character of other commercial and industrial zones. Commercial message signs are not allowed in residential zones except as provided for Residential Trailer Parks and Bed & Breakfasts in Chapters 17.13 and 17.18 PAMC Residential structure and subdivision identification signs permitted in Titles 16 and 17 PAMC are not considered commercial message signs and, therefore, are not regulated under the Sign Code It is further the purpose of this Chapter to protect the general health, safety and welfare of the citizens of the City and ensure vehicular and pedestrian safety by prohibiting flashing, rotating, fluttering, mobile, and similar signs or devices that may distract or change locations and thereby endanger the traveling public. , both existing as well as those placed in the eentral Business District in the ffitme. (Ord. 2152 §1, 7/1/81.) 14.36.020 Definitions. A. Except where specifically defined herein, all words used in this Chapter shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular. The word "shall" is mandatory; the word "may" denotes a use of discretion in making a decision. The words "used" or 'occupied" shall be considered as though followed by the words "or intended, maintained, arranged, or designated to be used or occupied". B. Banner, Festive. A piece of manmade or natural cloth or fabric, displaying a distinctive non-commercial design, and securely attached by nne two or more edges to a building or poles or staff or other device intended fbr such display. C. Billboards. An off -premise eoutdoor advertising signs containing a commercial messag , , unrelated to any use or activity of the property on which the sign is located. D. Display Surface. That part of a sign structure used to display an integrated advertising message. E. Fluttering Device. Pennants, flags_flvers, ribbons, balloons, or other fluttering devices or strings of such devices, which are used to attract attention for commercial purposes BF. Marquee or Awning. A permanent covering structure projecting horizontally from and attached to a building, affording protection from the elements; including but not limited to fire -resistive cloth awnings and mansard roofs. FG. Person. Any individual, corporation, association, firm, partnership, and the like, singular or plural. GH. Right-of-way. means a -A dedicated or owned right-of-way of the City, between the outer boundaries thereof, within which may be located a street, highway, sidewalk, alley, avenue, or other structure used for 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. • -2- 92 9RIE W ill. Shopping Mall. For the purpose of this Chapter, a shopping mall is a group of stores and businesses operating by formal agreement under one management and with an association responsible for marketing and promotion activities of the businesses as an entity, generally occurring in one building, but occasionally occurring in more than one building, on a site that is developed and operated as a single, integrated entity. fi. Sidewalk. means Mat portion of the right-of-way, if any, which is designed for pedestrian use, adjacent and parallel to a street. "Sidewalk" includes the area which would otherwise be a planting strip, if the area is either covered with cement or is otherwise used for pedestrian travel. JK. Sign. Any letters, figures, design, symbol, trademark, or device intended to attract attention for commercial purposes to any activity, service, place, subject, person, firm, corporation, public performance, article, machine, or merchandise, and including display surfaces and supporting structures thereof. i -L. Sign Area. The area of the sign shall be the sum of each display surface, including both sides of a double-faced sign, as determined by circumscribing the exterior limits on the mass of each display erected on one sign structure with a circle, triangle, or quadrangle connecting all extreme points. Where a sign is composed of two or more individual letters mounted directly on a wall, the total display surface, including its background, shall be considered one sign for purposes of calculating sign area. The structure supporting a sign is not included in determining the area of the sign unless the structure is designed in a way to form an integral part of the display. EM. Sign, A -Frame. A small portable sign consisting of two identically sized surfaces permanently joined at the top and capable of opening to an inverted "V" of fixed maximum width so that the sign supports itself and looks like a capital "A" when viewed from a point perpendicular to the display surfaces. N. Sign, Auto -Oriented. A sign designed to identify a business or commercial activi , to a person traveling in an automobile or other motorized vehicle on the adjacent street. O. Sign, Banner. A piece of manmade or natural cloth or fabric, conveying a commercial message or attracting attention for commercial purposes and securely attached by two or more edges to a building or poles. P. Sign, Building -Mounted. A single or multiple faced sign, which is permanently attached to a building and which is also known as an attached sign, since it is attached or mounted on a building. MQ. Sign, Freestanding. A single or multiple faced sign, supported from the ground by one or more columns, uprights, or braces. NR. Sign, Marquee or Awning. Any sign attached to, supported by, or incorporated in a marquee or awning. S. Sign, Mobile. Any sign that is not permanently attached to a buildingo ground including A -frame signs, sawhorse signs, trailer -mounted signs, vehicle -mounted signs, pole temporary attachments, and large inflated displays. 9T. Sign, Pedestrian. A small sign designed to identify a business or commercial activi1y to a person walkingnearbv_ pedestrian and indieate the location of the entraYee business. PU. Sign, Projecting. Any sign other than a wall sign which extends more than twelve (12) inches from the facade of the building to which it is attached. QV. Sign, Roof. Any sign erected upon, against, or directly above a roof or on top of or above the parapet of the building. 9RIE W RW. Sign, Rotating. Any sign which rotates on a fixed axis. SX. Sign, TemporarX. A sign constructed of cloth, canvas, cardboard, wallboard, orle other light material, intended to be displayed for a limited period of time, not to exceed ninety (90) days within a single calendar year, unless otherwise specified in this Ordinance. TY. Sim. Any sign attached to and supported by the wall of a building or the wall of a structure, with the exposed face of the sign in a plane parallel to the plane of said wall. UZ. Sign, Window. Any sign located inside and affixed to or within three (3) feet of the window panes of a building, whether temporary or permanent. VAA. Street. A public right-of-way which affords a primary means of access to abutting property. WBB. Street Frontage. The side of a building facing the street. XCC. Surface Area or Facade. The surface area or facade shall be the area of that continuous exterior front, side, or back surface of a building, including doors and windows, but excluding any roof area. (Ord. 2452 §1, 7/30/89; Ord. 2182 §1, 12/15/81; Ord. 2152 §2, 7/1/81.) DD. Visible Sign Area. The total of all sign faces visible from any one location. (Ord. 2452 §1, 7/30/89; Ord. 2182 §1, 12/15/81; Ord. 2152 §2, 7/1/81.) 14.36.030 Applicability. This Chapter shall regulate signs in Business Distrie throughout the City of Port Angeles in all nonresidential zones as itis designated in Ordinance No. 1709 and as iris set forth in the Official Zoning Map for the City, as it now exists or nmy hereafter be amended. (Ord. 2152 §3, 7/1/81.) 14.3 6.040 Permit. A. Required. No person shall erect, relocate, or otherwise construct or alter any sign 0 in the eentral Business District Qjjy without complying with this Chapter and, when required, obtaining a sign permit from the Building Division of the City of Port Angeles. A separate permit shall be required for each sign for which a permit is required.. B. Permit Application. Each permit application shall be filed with the Building Division by the property owner, lessee, contract purchaser, or other person entitled to possession of the property, or by an authorized agent, on a form provided by the city, and shall contain and include the following: 1. Building name and location. 2. Building owner and lessee; sign owner and sign lessee; name ofbusiness; primary product and/or service. 3. Location of existing and proposed signs. 4. Descriptions of signs, including dimensions, materials, and copy material. 5. Required fee. 6. Name, address, and telephone number of the sign installer. 7. Notarized statement that the building owner or an authorized representative will remove the sign within one year if the business becomes non-operating. C. Permit Fee Schedule. A permit fee in an amount as shall from time to time be set by the City Council by resolution shall be paid to the Building Division. D. Activities Exempt from the Permit Requirements. The following activities shall not require a permit: -4- 94 1. The changing of advertising copy or message on a lawfully erected painted or printed sign, theater marquee, or similar signs specifically designed for the use of changeable copy. 2. Maintenance or cleaning of a sign, and repainting existing copy of a permitted sign or legal nonconforming sign, provided the repainting of a legal nonconforming sign, does not occur after the amortization period. (Ord. 2542 §2, 7/30/89; Ord. 2152 §4, 7/1/81.) 14.36.050 Exempt Signs. The following signs are exempt from the permit requirements of this Chapter: A. Official traffic signs, directional signs, banners, signals, business directory maps, kiosks, and public notices erected by public authorities. B. Informational service signs, such as "Customer Parking", "Driveway Entrance" and 'Exit", not to exceed six (6) square feet, provided, however, that although these signs are exempt, an electrical permit may be required for installation. C. Signs identifying public conveniences, such as restrooms, telephones, bus stops, and taxicab stands, not to exceed three (3) square feet. D. Informational warning signs, such as "No Trespassing", "No Dumping", "No Parking", not to exceed eight (8) square feet. E. Building address identification numbers are to be no more than twelve (12) inches in height, nor less than six (6) inches in height. Number material must contrast with wall color they are mounted on. F. A permanent building identification, including building plaques, cornerstones, name plates, and similar devices, G. Temporary political signs and signs displays in windows of party political darters, provided they such signs are not located in public rights -or -way and are removed within fourteen (14) days after the election. H. Temporary decorations customarily displayed at special holidays, such as Christmas and Independence Day, provided they are removed within fourteen (14) days after the holiday. I. Seasonal decorations festive banners and other distinctive noncommercial displays affixed to light poles, or other public standards, by the City or nonprofit organizations. if. One temporary real estate sign for each street frontage located on the premises for sale, lease, or rent, not exceeding eight (8) square feet; provided that it is removed fourteen (14) days after the sale, lease, or rent of the premises. Two A -frame temporary real estate open house signs not located in the public right-of-way and not exceeding eight (8) square feet in total sign area for each sign: provided that the signs are removed when the house is not open to the public. KJ. One temporary sign for each street frontage denoting the architect, engineer, or contractor, placed upon work under construction, not to exceed eight (8) square feet; provided it is removed fourteen (14) days after completion of construction. Lid. Any sign located within a building not visible from the street or sidewak provided, however, that although these signs are exempt, an electrical permit may required for installation. L. Flags on gover=ent and eommereial institutions. M. Sculptures, fountains, mosaics, murals, not incorporating advertising or identification of a business. -5- 95 City. N. Sandwich board signs worn by a person while walking the public ways of the O. Signs painted directly on windows, and window signs, except as the type of sign may be specifically prohibited by Section 14.36.110 of this Chapter. P. Traditional theater marquees, not exceeding two hundred sixty (260) square feet, provided, however, that although these signs are exempt, a building permit and an electrical permit may b�quired for construction. Q. Barber Poles. Although these signs are exempt, an electrical permit is required for installation. R. Temporary community service signs which are erected by community service organizations, are intended to record and display the progress toward a community goal or announce a coming community event, do not exceed two hundred (200) square feet, are installed pursuant to a building permit, are removed within fourteen (14) days after the event, and are not up for more than three (3) months in any calendar year or in any six-month period commencing at the date of installation; except that this Section shall not allow the type of signs that are specifically prohibited by Section 14.36.6080 of this Chapter; except further that for the purposes of this Section, community service signs shall not be considered billboards. (Ord. 2542 §3, 7/30/89; Ord. 2182 §2, 12/15/81; Ord. 2152 §5, 7/1/81.) S. Signs mounted on public transit vehicles and facilities. (Ord. 2542 §3, 7/30/89; Ord. 2182 §2, 12/15/81; Ord. 2152 §5, 7/1/81.) 14.36.060 Requirements Applicable to All Nonexempt Signs. A. Sign Illumination. Illumination from or upon any sign shall be shaded, shielded, directed or reduced as to avoid undue brightness, glare or reflection of light on private or public property in the surrounding area, and so as to avoid unreasonably distracting pedestrians and motorists. "Undue brightness" is illumination in excess of that which is reasonably necessary to make the sign reasonably visible to the average person on an adjacent street or recognized pedestrian or marine route. B. Content. Content of commercial signs shall be limited to identification of business, major enterprise, product or service. A sign may utilize changeable copy; provided that the copy is limited to identification of products sold and services offered or contains a community service message; and provided further that any sign authorized in this Chapter shall be allowed to contain non-commercial copy in lieu of any other copy and that content of non-commercial signs shall not be regulated or limited pursuant to this Chapter or any other Ordinance of the City of Port Angeles, nor shall any such Ordinance be so construed. C. Compliance with other ordinances. Nothing in this Chapter shall be construed to modify or in any other manner alter the requirement that any sign comply with all other ordinances of the City as they may now exist or hereafter be amended; except that content of non- commercial signs shall not be regulated or limited by any such Ordinance, nor shall any such Ordinance be so construed. (Ord. 2649 §1, 8/20/91; Ord. 2152 §6, 7/1/81.) 14.36.070 Permitted Signs. A. Signs in the Central Business District (CBD) Zone. Signs in the CBD zone shall comply with the requirements of this subsection. Each individual business with street frontage may have a total sign area of all non-exempt signs not to exceed 20% -7- 97 of the surface area of the building facade occupied by the business, or two hundred (200) square feet, whichever is less, and up to 90% of the sign may be on a part of the same facade not occupied by the business. When a building is located on more than one street frontage, each visible building facade shall be considered separately. Such signs may be wall signs, marquee signs, pedestrian signs, freestanding signs, projecting signs, or any combination thereof, subject to the following standards: 1. Wall Signs. Wall signs shall be mounted parallel to the building facade and shall project no more than eighteen (18) inches from the wall on which they are attached. 2. Marquee or Awning Signs. A sign may be mounted on the front or front outer top edge of a marquee or awning, parallel to the street frontage; provided that the sign shall not exceed a vertical distance of two (2) feet above the front outer top horizontal edge of the marquee or awning and all supporting mechanisms are concealed from view; or a sign may be mounted on the side of a marquee or awning, provided it does not extend above the top of the side. A sign may be mounted on top of a marquee or awning, provided that it does not project more than four and one-half (4-1/2) feet from the building facade. A sign that projects below the marquee or awning shall comply with the requirements of Section 14.36.+66070(A)(3) (Pedestrian Signs). The sign area for a back-lit marquee or awning sign comprised of individual letters, figures, design, symbol, or trademark painted or mounted and projecting less than three (3) inches from the surface of the marquee or awning shall not include the lighted background that is outside the area that circumscribes the exterior limits of the dimensions of the sign. 3. Pedestrian Signs. A pedestrian sign attached to the underside of a marquee or awning shall be at a right angle to the plane of the building facade and not extend beyond the outer edge of the marquee or awning. A clearance of not less than eight (8) feet from the underlying sidewalk shall be maintained. Said sign shall not exceed six (6) square feet in sign area per side. 4. Freestanding Signs. Where all portions of a building are located more than fifteen (15) feet from the street right-of-way the building may have one freestanding sign in addition to the signsa= signsallowed on the building, provided that it shall not exceed twenty-five (25) square feet in sign area per side or twenty (20) feet in height. If the building has frontage on two or more streets and the building is more than forty (40) feet from those streets, the building may have one free-standing sign that shall not exceed one hundred (100) square feet of sign area per side or a total of two hundred (200) square feet of sign area, whichever is less, or thirty (30) feet in height; provided that the sign area shall be considered part of the total sign area of the building and deducted equally from the allowable sign area of the facades that are more than forty (40) feet from the street; and further provided that the sign area of the freestanding sign shall not exceed the total sign area allowed the building. 5. Projecting Signs. Projecting signs maybe mounted at a right angle to the plane of the building facade, provided the sign shall not extend more than four and one-half (4-1/2) feet beyond the facade of the building. Further provided that signs occurring under marquees or awnings shall be governed by the requirements for pedestrian signs in Subsections 14.36.070(A)(3) of this Secti . Projecting signs not occurring under marquees shall maintain a clearance of not less than eight (8) feet from the underlying sidewalk. 60. Upper Floor Businesses. The total sign area for a business occupying an upper story of a building with street frontage shall not exceed 20% of the surface of the building facade occupied by the business, or two hundred (200) square feet, whichever is less. An upper -7- 97 floor business or businesses may have one sign on the street level identifying the upstairs businesses, provided that said sign shall not exceed six (6) square feet. 7E. Multiple Businesses, Arcades, and Galleries. The total sign area of two or more businesses sharing a common facade with at least one business not having a street frontage shall not exceed 20% of the surface area of the common facade. One additional sign, not exceeding six (6) square feet, listing all of the businesses may be provided. 8D. Sign Area on Alleys. Each individual business with alley frontage may have a total sign area of all signs not to exceed 10% of the surface area of the building facade on the alley occupied by the business; provided, however, that individual businesses without street frontage may have 20% or 200 square feet, whichever is less. Alley signs shall be mounted parallel to the building facade and project no further than twelve (12) inches from the wall on which the sign is attached. 9E. Sign Area on Side Walls. Signs may be mounted on exposed side walls of buildings, which walls do not have street frontage, in accordance with Subsection (A) of this Section; provided, that only the area of the exposed wall shall be considered the surface area of the facade. I 0E. Shopping Malls. The total sign area for a shopping mall facade shall not exceed 20% of the facade or three hundred (300) square feet, whichever is less. Signs may be placed on any facade of a shopping mall, provided the maximum allowable sign area of that facade is not exceeded, and the sign is part of a master sign permit in the name of the manager of the mall that identifies all of the signs for the shopping mall. Where all portions of the shopping mall are more than fifteen (15) feet from the street right-of-way, one freestanding sign per street frontage, with a maximum of two (2) such signs per site, may be installed, provided that each sign shall not exceed twenty (20) feet in height and two hundred (200) square feet in total area, or one hundred 0 (100) square feet in area per side; provided, however, that for those signs containing over one hundred (100) square feet of sign area, the display surfaces shall be parallel and back-to-back to each other; and further provided that the sign area shall be included in the total permitted sign area for the facade on that same street frontage. 116. Non -Building Business. The total sign area for a business in which no portion of the business occurs within a building shall not exceed 64 square feet per street frontage and shall be located on the property of the business. Non -building business signs may be free- standing, provided that each sign shall not exceed twenty (20) feet in height and thirty-two (32) square feet in sign area per side; provided that there shall not be more than one (1) free-standing sign per street frontage. (Ord. 2542 §4, 7/30/89; Ord. 2182 §3, 12/15/81; Ord. 2152 §7, 7/1/81.) B. Signs in the Commercial Arterial (CA) Zone. Signs in the CA zone shall comply with requirements of this subsection. Signs may be lighted but not intermittent or flashing Me All signs over ten (10) square feet in area shall be restricted to territory no closer than 100 feet from all residential property in a residential zone. Maximum height shall be 35 feet Such signs may be wall signs- marquee signs, pedestrian signs, freestanding signs, projecting signs fluttering devices, or any combination thereof, subject to the following standards: 1. Building -Mounted Signs. Building -mounted signs may be placed on anx wall not facing an adjacent residential zone. Building -mounted signs may not extend above the top of the eaves or parapet and may not be located on a roof. For buildings occupied by a single business, the total building -mounted sign area shall not exceed 20% of the area of the building elevation facing a public street to a maximum of two hundred and fifty (250) square feet on each 0 building elevation which faces a public street In buildings occuyied by more than one business, the total building-mounted sign area for each business shall not exceed 20 % of that business's portion of the building elevation facing a public street to a maximum of two hundred and fifty (250) square feet. 2. Freestanding Signs One and one quarter (1.25) square feet of maximum visible sign area The maximum visible sign area for a particular site shall be as follows: Site Area Maximum Visible Sign Area Less than .50 acre 100 square feet .50 to .99 acre 200 square feet 1 to 1.99 acres 300 square feet 2 to 2.99 acres 400 square feet 3 acres or more 500 square feet 3. Off Premise Signs One off -premise sign containing a commercial message unrelated to any use or activity of the propegy on which the sign is located, including billboards and other outdoor advertising signs not exceeding six hundred (600) square feet in total sign area and thirty five (35) feet in height, may be permitted on any site that does not contain any sign for businesses located on said site subject to approval of a conditional use permit. A. Shopping Malls The total sign area for a shopping mall facade shall not exceed 20% of the facade or three hundred (300) square feet whichever is less. Signs may be placed on any facade of a shopping mall, provided the maximum allowable sign area of that facade is not exceeded and the sign is part of a master sign permit in the name of the manager of the mall that identifies all of the signs for the shopping mall Where all portions of the shopping mall are more than fifteen (15) feet from the street right -of --way one freestanding sign per street frontage, with a maximum of two (2) such signs per site may be installed provided that each sign shall not exceed twenty (20) feet in height and two hundred (200) square feet in total area, or one hundred (100) square feet in area per side For such signs containing over one hundred (100) square feet of sign area the display surfaces shall be parallel and back-to-back to each other and the sign area shall be included in the total permitted sign area for the facade on that same street frontage. 5. Fluttering Devices Pennants flags flyers ribbons, balloons, or other fluttering devices or strings of such devices which are used to attract attention to outdoor sales lots of new and used dealerships of automobiles trucks trailers motorcycles, recreational vehicles, tractors and boats are allowed provided such devices are not made of conductive material such as Mylar which can cause an electrical shock or shortage. C. Sims in the Community Shopping District (CSD) Zone. Signs in the CSD zone shall comply with the requirements of this subsection. Signs may be lighted but not intermittent or flashing type All signs over tend 10) square feet in area shall be restricted to territory no closer than 100 feet from all residential propegly in a residential zone Maximum height shall be 30 feet. Such signs may be wall signs marquee signs pedestrian signs freestanding signs, projecting signs, or any combination thereof, subject to the following standards: 1. Building -Mounted Signs. Building? -mounted signs_mav be placed on any wall not facing an adjacent residential zone. Building -mounted signs may not extend above the to ofis the eaves or parapet and may not be located on a roof. For buildings_occupied by a single business, the total building -mounted sign area shall not exceed 10% ofthe area ofthe buildiniz elevation facing a public street to a maximum of one hundred and twen -five (125) square feet on each building elevation which faces a public street. In buildings occupied by more than one business, the total building -mounted sign area for each business shall not exceed 10 % of that business's portion of the building elevation facing a public street to a maximum of one hundred and twen -five 125) square feet. 2. Freestanding Signs. One and one quarter (1.25) square feet of freestanding visible sign area shallbe allowed for every one 1) lineal foot of arterial street frontage of the site, provided that the maximum area of any freestanding sign face does not exceed half of the maximum visible sign area. The maximum visible sign area for a particular site shall be as follows: Site Area Maximum Visible Sim Less than 1 acre 50 square feet 1 to 1.99 acres 75 square feet 2 to 2.99 acres 100 square feet 3 acres or more 125 square feet 3. Off -Premise Signs. Off -premise signs, includingLbillboards, shall be prohibited within the Communijy Shopping District Zone. D. Signs in the Commercial Neighborhood (CM Zone. Signs in the CN zone shall comply with the requirements of this subsection. Signs may be lighted, but not intermittent or flashing We, and shall not exceed one hundred (100) square feet in total sign area. All signs over ten (10) square feet in area shall be restricted to territory no closer than 100 feet from all residential property in a residential zone. Maximum height shall be 20 feet. Off -premise signs, including billboards, shall be prohibited within the Commercial Neighborhood Zone. E. Signs in the Commercial Office (CO) Zone. Signs in the CO zone shall comply with the requirements of this subsection. Signs may be lighted, but not intermittent or flashing toe, and shall not exceed fifty (50) square feet in total sign area, provided , however, if the site area is 14,000 square feet or more, then signs shall not exceed one hundred (100) square feet in total sign area. No more than fiftv(50) square feet of lighted sign area may face residential property in a residential zone located directly across a street. All freestanding signs shall not exceed five (5) feet in height. Building -mounted signs shall not exceed 30 feet in height. Off -premise signs, including billboards, shall be prohibited within the Commercial Office Zone. F. Signs in the Industrial Park (IP) Zone. Signs in the IP zone shall complly with the requirements of this subsection. 1. One building -mounted sign, not to exceed one (1)square foot for each one 1) horizontal lineal foot of the building wall or three hundred (300)square feet, whichever is less, shall be permitted for each building elevation facing a public or private street. 2. One freestanding sign, not to exceed thi -five 35) square feet in area and fifteen (15) feet in height, shall be permitted for each business site. 3. Public and private directional, traffic, and warning attached and detached signs shall not exceed six (6)square feet in area. -10- 100 • • • 4. Signs may be lighted, but not intermittent or flashing. 5. Off -premise signs including billboards, shall be prohibited within the Industrial Park Zone. Signs in the Industrial Light (IL) Zone. Sims in the IL zone shall comply with G. the requirements of this subsection. 1 One building -mounted sign not to exceed one (1) square foot for each one 1) horizontal lineal foot of the building wall or three hundred (300) square feet, whichever is less shall be permitted for each building elevation facing a public or private street. Z. One freestanding sign, not to exceed thirty-five (35) square feet in area and fifteen (15) feet in height shall be permitted for each business site. 3. Public and private directional traffic and warning attached and detached signs shall not exceed six (6) square feet in area. 4 Signs may be lighted but not intermittent or flashing. 5. One off -premise sign containing a commercial message unrelated to any use or activity of the property on which the sign is located including billboards and other outdoor advertising signs not exceeding six hundred (600) square feet in total sign area and thirty-five (35) feet in height may be permitted on any site that does not contain any sign for businesses located on said site subject to approval of a conditional use permit. H. Signs in the Industrial Heavy_(IH) Zone. Signs in the IH zone shall comply with the requirements of this subsection. 1. One building -mounted sign not to exceed one (1) square foot for each one (1) horizontal lineal foot of the building, wall or four hundred (400) square feet. whichever is less shall be permitted for each building elevation facing a public or private street. 2. One freestanding sign not to exceed one hundred (100) square feet in area and thirty-five (35) feet in height shall be permitted for each business site. 3. Signs may be lighted but not intermittent or flashing. 4. One off -premise sign containing a commercial message unrelated to any use or activity of the property on which the sign is located including billboards and other outdoor advertising signs not exceeding; six hundred (600) square feet in total sign area and thirty-five (35) feet in height, may be permitted on any site that does not contain any sign for businesses located on said site subject to approval of a conditional use permit. I. Signs in the Public Buildings and Parks (PBP) Zone. Signs in the PBP zone shall comply with the requirements of this subsection. One building -mounted sign per building shall be permitted,• provided that the sign does not exceed one hundred (100) square feet in total sign area; and is unlighted,provided further that intermittent or flashing lights lighted signs are prohibited. One freestanding sign per site shall be permitted,• provided that the sign does not exceed one hundred (100)quare feet in total sign area Signs shall be placed so as not to impact a facing residential zone Maximum height shall be 20 feet. Off -premise signs, including billboards, shall be prohibited within the Public Buildings and Parks Zone. J. Temporary Commercial Event Signs. The total sign area of temporary commercial event signs that are intended to advertise a special event such as a new business grand opening, going -out -of- business sale or similar special sales event shall not exceed one hundred (100) square feet for a business, provided the temporary commercial event signs are removed within one (1) day after the event and are not up for more than one (1) month commencing at the date of installation and not un for more than three (3) months in any calendar year,• except that this Section shall not allow the We of signs that are specifically prohibited by Section 14.36.080. K. A -Frame Signs. One A -frame sign that is no larger than six (6) square feet per side and no higher than thin 30) inches from ground level shall be permitted per site as a freestanding sign, provided that such A -frame signs shall be securely anchored to the ground to prevent overturning due to wind or being moved to an Mermitted location A -frame signs shall not be located in public rights-of-wU, excgpt where a building is built to the front lot line and provided the sign owner obtains a right-of-way use permit and identifies the specific sign in and names the City as an insured on, the sign owner's insurance policy. 14.36.080 Prohibited Signs. The following signs are prohibited in the Central Business District: A. All signs illuminated by, or containing, blinking, flashing, intermittent, or moving lights; all flashing, rotating, or intermediate lights in, on, or around windows, rooflines, or building exteriors; provided that electronically changing message and digital time/temperature signs, which do not change the message more than once per 30 seconds and the moving hands of a clock, as otherwise allowed under this Chapter, shall not be prohibited, provided, however, that this Section shall not prohibit seasonal decorations. B. All roof -mounted signs, including any signs painted directly on the roof surface. C. Ffluttering devices that endanger public safety by distracting the public travelingin n the public rights -of way or by made of conductive material such as molar which can cause an electrical shock or shortage and that are used to attract attention for commercial purposes; provided that such other fluttering devices may be displayed to make notice of the opening of a business for a period not to exceed ten (10) days andle except as permitted in Section 14.36.070(B)(5), provided however, that this Section shall not prohibit seasonal decorations, oar -sem festive banners, or other distinctive noncommercial displays affixed to light poles or other public standard by the Municipality CLty or non-profit organizations. D. Billboards -.and other off -premise outdoor advertising signs, except in compliance with Sections 14.36.070(B), (G), and (H) of this Chapter, provided that such signs shall not be directed toward any shoreline subject to Chapter 15.08 PAMC. E. Temporary signs located on or resting against a motor vehicle, trailer, bicycle, planter, or decorator card for the purpose of advertisement or directing people to a business. F. All signs which purport to call attention to a business or building with words such as "look", "stop", "slow down", or other words of like import or which are similar to traffic signals or signs. G. All moving rotating, or animated signs, except barber poles. H. All signs which no longer serve an ongoing business. I. All signs which have no permanent attachment to a building or the ground, including but not limited to A -frame signs, sandwich board signs, pole attachments, and other mobile signs -.provided that signs painted on vehicles which are not parked in a manner directing peo In a to a business are not prohibited, and further provided that A -frame signs as exempted in Section 14.36.050(J) or permitted in Section 14.36.070(K) and sandwich board signs as exempted in Section 14.36.050M are not prohibited. • -12- 102 J. Projecting signs that project further than four and one-half (4-1/2) feet from the building facade; provided that signs occurring under marquees or awnings shall be governed by the requirements for pedestrian signs in Section 14.36.070(A)(3). K. - right-of-way Banner sig` L. All signs not specifically addressed herein and contrary to the provisions of this Chapter. (Ord. 2542 §5, 7/30/89; Ord. 2182 §4, 12/15/81; Ord. 2152 §7, 7/1/81.) 14.36.090 Removal of Prohibited and Nonconforming Signs. A. The Building Division shall notify the business owner and the sign owner or lessee and the owner of the property of each sign that is either a prohibited or nonconforming sign under the terms of this Chapter. B. If a sign advertises a business no longer existing or a product no longer sold on the premises for the previous 365 days, it shall be removed within thirty (30) days of receipt of the notice from the Building Division. If the sign is not removed within the thirty (30) day period, the City may remove or cause to be removed the non -complying sign and place a lien against the property for the cost of such removal. e. A prohibited sign, existing and in use on jarmary 1, f 982, may be retained in use until August 3 i, 1990. Stich sign shali be either removed or made to confbrm to the requirements of this ehapter by September i, f 99&-. DC. Any sign which is of a type of sign permitted under Section 14.36.070 of this Chapter, but which does not conform to the specific requirements for that type of sign, and which was legally erected before August 20, 2002 shall be classified as legal nonconforming; and may remain in use. until six (65 months after&tM, Mi. by the BD. Any sign which is prohibited or of a type permitted under Section 14.36.070 of this Chapter -,but which does not conform to the specific requirements for that type of sign as aresult of rezoningto eentral Business District or wnendmentsto tms ehapter subsequent to My t, f 989; shall be either removed or made to conform to the requirements of this Chapter by the sign owner on the fifth :)f the eff-ective date of the rezone or the amenchnent; except that back -H marquee or , shalf be either removed or made to confbrm within six (6) months of the effective date of the amendment. (Ord. 2604 §1, 7/14/90; Ord. 2580 §1, 4/25/90; Ord. 2542 §6, 7/30/89; Ord. 2182 §5, 12/14/81; Ord. 2152 §9, 7/1/81.) 14.36.095 Maintenance. A. Sims shall be maintained to protect the public safely, present a neat appearance, and prevent deterioration. B. A permit shall be required for structural and electrical modification, but not normal repair and maintenance. C. The Building Division shall notify the business owner and the sign owner or lessee and the owner of the property of each sign that is not maintained per subsection A. D. Any sign which is not properly maintained may be subiect to abatement as a nuisance per the Uniform Sign Code. • -13- 103 14.36.100 Variances. A. When the strict enforcement of these regulations may impose an excessive hardship upon any applicant, depriving him of signage rights extended to other parties under this Chapter, then a variance from these regulations may be requested. B. Variance applications shall be made to the Board of Adjustment. C. A variance application shall be submitted on a form obtained from the Planning Department of Community Development. It shall be made by the owner or lessee of a sign or the owner of the property and shall be acknowledged by the owner of the property, if other than the applicant. D. Upon receipt of an application satisfying the requirements of this Section, the Parting Department of Community Development shall route the same to all appropriate Departments. Each Department shall submit to the Punning Department of Community Development recommendations and comments regarding the application.The Punning Department of Community Development shall prepare a report to the Board of Adjustment summarizing the factors involved, the recommendations of other Departments, and the Plarming Department of Communi , Development recommendation and findings. A copy of the report shall be mailed to the applicant and copies shall be made available, at cost, for use by any interested party. E. Upon receipt of an application satisfying the requirements of this Section, the Palming Department of Communi , Development shall schedule a public hearing before the Board of Adjustment. Notice of such public hearing shall be posted at the site of the proposal by the Harming Department of Community Development at least ten days prior to the hearing and published two times at least three days apart in a newspaper of general circulation, except that the final notice to be published in the newspaper shall not be more than three days prior to the date of the hearing. F. Prior to making a recommendation on an application for a variance, the Board shall hold at least one public hearing. The Board's determination for approval, denial, or approval with modifications or conditions shall be recorded in the minutes in written form with findings based upon compliance with subdivisions (1) and (2) of this subsection as follows: 1. Every variance shall comply with at least one of the following criteria: a. The size of the building is such that the twenty per -cent maximum permitted sign area would result in a sign that is too small to read from either side of the public rights-of-way adjacent to the building facade or from recognized pedestrian or marine routes; b. The location of the building and entrance is such that the proposed sign would not be readable from public rights-of-way or recognized pedestrian or marine routes; C. The building facade or other features, such as marquees, is such that no practical location in which to construct a conforming sign exists. 2. Every variance shall comply with all of the following criteria: a. The variance shall not be detrimental to the public interest; b. The variance shall not be detrimental to abutting properties; C. The variance shall not be inconsistent with the purpose of this Chapter. (Ord. 2152 § 10, 7/1/81.) 14.36.110 Notice. Any notice required to be given by this Chapter shall be given either to the owner or lessor of a sign, or to the owner of the property on which the sign is located. In the event notice is given to the owner or lessor of a sign, the notice shall be given either by personal -14- 104 service or by certified mail, return receipt requested, to the name of the owner or lessor, as, shown on the application for a -sign permit. If there is no application for a sign permit on file with the City, the notice shall be given, either by personal service or by certified mail, return receipt requested, to the person in whose name the property stands, according to the records of the Clallam County Assessor. (Ord. 2152 § 11, 7/1/81.) 14.36.120 Enforcement. A. It shall be the duty of the Building inspector Division to enforce all provisions of this Chapter. B. No oversight or dereliction on the part of the Building hispeetor Division or any official or employee of the City vested with the duty or authority to issue permits or licenses, nor issuance of a license in conflict with the provisions of this Chapter, shall legalize, authorize, waive or excuse the violation of any of the provisions of this Chapter, nor shall it estop the City from enforcing the terms of this Chapter. Any permit or license issued in violation of this Chapter shall be null and void. C. In the event any person, firm, or corporation shall use, erect, construct, move, or alter, or attempt to use, erect, construct, move, or alter any sign in violation of the provisions of this Chapter, the same is declared a public nuisance, against which the City may prosecute an action in a court of competent jurisdiction seeking an injunction against the continuation of such nuisance. (Ord. 2152 §12, 7/1/81 14.36.130 Violation - Penalty. Any person violating any provision of this Chapter is guilty of a misdemeanor and shall be punished by a fine not to exceed five hundred dollars, or ninety days in j ail, or both such fine and imprisonment. Each day that a violation continues shall constitute a separate offense. (Ord. 2152 § 13, 7/1/81.) Section 2 - Repealer. Sections 17.20.220, 17.21.220, 17.22.220, 17.23.220, 17.30.070, 17.32.070, 17.34.070, and 17.40.080 of the Port Angeles Municipal Code are hereby repealed, and Ordinance 1709 as amended is hereby amended accordingly. Section 3 - Severability If any provisions of this Ordinance, or its application to any person or circumstances, is held 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 following the date of its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said 9 Council held on the 3rd day of September, 2002. -15- 105 ATTEST: MAYOR Becky J. Upton, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney PUBLISHED: By Summary F:\ORDINANCES&RESOLUTIONS\2002-13.ocd.wpd August 15, 2002 -16- 106 • • ATTACHMENT "Cu 9 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, revising the City's Parking Ordinance by adding new uses to those with specified requirements, based on changing land uses and previous interpretations made by the Community Development Director for uses with unspecified requirements, and amending Ordinance 1588 as amended and Chapter 14.40 of the Port Angeles Municipal Code. Section 1. Ordinance 1588 as amended and Title 14 of the Port Angeles Municipal Code are hereby amended by amending Chapter 14.40 PAMC to read as follows: Chapter 14.40 OFF-STREET PARKING Sections: 14.40.010 Definitions. 14.40.020 Parking Space Requirements - Generally. 14.40.025 Parking Space Requirements for Uses in the Downtown Parking and Business Improvement Area 14.40.030 Parking Space Requirements - Commercial. 14.40.040 Parking Space Requirements - Industrial. 14.40.050 Parking Space Requirements - Public and Institutional Uses. 14.40.060 Parking Space Requirements - Residential Uses. 14.40.070 Parking Space Requirements - Unspecified Uses. 14.40.080 Parking Space Requirements - Compact Allowance. 14.40.090 Mixed Uses. 14.40.100 Cooperative Provisions. 14.40.110 Parking Space Requirement Modification - New Uses in New Building. 14.40.120 Parking Space Requirement Modification - New Uses in Existing Structures. 14.40.130 Parking Space Requirement Modification - Expansion of Existing Uses in Existing Structures. 14.40.140 Parking Space Modification Requirements - Existing Uses in Existing Structures. 14.40.150 Improvement of Parking Spaces. 14.40.160 Parking Space Requirements - Variances. 14.40.170 Building Permits. 14.40.180 Use of Parking Spaces. 14.40.185 Parking Lot Activities Standards. -1- 107 14.40.190 Revocation of Permit - Appeals. 14.40.200 Violation. 0 14.40.010 Definitions. A. The following terms shall have the designated meanings for the purposes of this Chapter, unless the context indicates otherwise: 1. "Standard -car parking space" means one hundred fifty-three square feet of parking lot area, eight feet six inches by eighteen feet minimum in size, having adequate access to a public street. No part of any street right-of-way shall be considered part of any standard -car parking space. 2. "Loading space" means a space located adjacent to a building, and large enough in area so that any truck or other vehicle loading or unloading at such building will not project into a street right-of-way. 3. "Floor area" means the leasable or habitable floor area or space in a dwelling or building, excluding bathrooms, toilet compartments, halls, closets, or corridors 44 inches in width or less, and equipment and machinery rooms not used directly in the manufacture, production, storage or sale of goods or services maintenance and cleaning supply rooms of 50 square feet or less. 4. "Parking lot activity" means a non -permanent activity occurring in a parking lot, using spaces otherwise allocated for parking for purposes other than parking by clientele of the primary use of the property. B. All other terms used in this Chapter shall have the meaning given to them by. Ordinance 1709, as now enacted, or hereafter amended, unless the context indicates otherwise (Ord. 2787 §1, 12/28/93; Ord. 2568 §1, 3/14/90; Ord. 2228 §1, 8/31/82; Ord. 1588 §1, 6/15/66.) 14.40.020 Parking Space Requirements - Generally. For all land uses there shall be established and maintained permanent off-street parking spaces, either on the zoning lot of the use, or, if the affected property owners and the Planning Director agree through the execution of an appropriate agreement and easement in a form acceptable to the City Attorney and if appropriate identification signage is provided, within one hundred feet of the property boundaries (excluding public streets and alleys) of the zoning lot. The required number of parking spaces shall be determined as follows: A. The number of required spaces shall be determined by reference to Sections 14.40.030 through 14.40.080. B. If applicable, Sections 14.40.110 through 14.40.140 shall then be used to determine whether the number of spaces required by subsection A of this Section is modified. (Ord. 2787 §2, 12/28/93; Ord. 2703 §1, 8/14/92; Ord. 2228 §2, 8/31/82; Ord. 1588 §2, 6/15/66.) 14.40.025 Parking Space Requirements for Uses in the Downtown Parking an Business Improvement Area. For all land uses located in the Downtown Parking and Business Improvement Area (PBIA), there shall be established and maintained permanent off-street parking spaces, either on the zoning lot of the use or within one -hundred feet of the property boundaries (excluding public streets and alleys) of the zoning lot. (Ord. 2787 §3, 12/28/93; Ord. 2765 §1, 6/25/93) Is -2- 108 spaces fbr each operator: N. Research, biochemical, X-ray and dental laboratories shall provide one parking space for each two hundred square feet of floor area. 0. Restaurants, taverns, and any other establishment for the sale and consumption on the premises of food, alcoholic beverages or refreshments, shall provide one parking space for each one hundred twenty-five square feet of floor area of the building, with a minimum of ten spaces. P. 9therRetail establishments, such as hardware stores, bousehedd equipment rental outlets, service shops, clothing and shoe repatr-shW stores, general merchandise stores, -3- 109 14.40.030 Parking Space Requirements - Commercial. A. Automobile service stations and repair shops shall provide a minimum of three parking spaces plus one parking space per each mechanical service bay. B. Baked goods shops, pizza -to -go shops, and other prepared food outlets with no consumption of food and beverages on the premises shall provide one parking space for each three hundred square feet of floor area of the building. CB. Banks, business and professional and governmental offices shall provide one parking space for each four hundred square feet of floor area of the building. DE. Barber and. beauty shops, tanning salons, and similar personal care establishments shall provide two parking spaces per station. EH. Bowling alleys shall provide six parking spaces for each alley. FB. Child care services or daycare centers, as defined in Chapter 388-73 WAC, as now enacted or hereafter amended, shall provide two parking spaces plus one unloading space for those services or centers serving twelve or fewer children, and one parking space per employee plus two parking spaces for unloading, for those services or day care centers serving more than twelve children. GF. Churches, mortuaries and funeral homes, shall provide one parking space for each six seats in the chapel. (Additional uses such as schools and residences may require separate parking spaces). H. Convenience stores, delicatessens, and food stores (less than 3,000 square feet in buildin area) shall provide one parking space for each three hundred square feet of floor area of the buildina. 16. Dancehalls and video arcades shall provide one parking space for each fifty square feet of floor area of the building. JH. FoBd Grocery stores, supermarkets, and shopping centers shall provide one parking space for each three hundred square feet of floor area of the building, with a minimum of ten parking spaces. Kf. Furniture and appliance stores shall provide one parking space per six hundred square feet of floor area of the building. U. Hotels and motels shall provide one parking space for each sleeping unit. MK: Medical, optometrical, chiropractic, and dental clinics and/or offices shall provide six parking spaces for each doctor:, optometrist, or chiropractor. stores,E. E)ther retail establisi-ffnents, such as hardware household equipment; shops,service clothing or shoe repair shops, spaces. shall provide one parking space fbr each three imndredsquare feet of floor area of the building, with a ininitnuni of six IVE Physical therapy and other sinfilarpersonaf service uses shaf! provide two parking spaces fbr each operator: N. Research, biochemical, X-ray and dental laboratories shall provide one parking space for each two hundred square feet of floor area. 0. Restaurants, taverns, and any other establishment for the sale and consumption on the premises of food, alcoholic beverages or refreshments, shall provide one parking space for each one hundred twenty-five square feet of floor area of the building, with a minimum of ten spaces. P. 9therRetail establishments, such as hardware stores, bousehedd equipment rental outlets, service shops, clothing and shoe repatr-shW stores, general merchandise stores, -3- 109 and department stores, shall provide one parking space for each three hundred square feet of floor area of the building, with a minimum of six spaces. ie QP. Skating rinks and other commercial recreation pies facilities shall provide one parking space for each two hundred square feet of floor area of the buildingror covered area. Outdoor commercial recreation facilities shallrop vide parking spaces as determined by Planning Commission review. R. Specialty shops, such as antique, art supplies, bicycle, book candy and ice cream, coffee and espresso, computer, flowers, gift hobby, jewelry, kayak pet and video rental, shall provide one parking space for each three hundred square feet of floor area of the building. SQ. Telephone exchanges and telemarketing offices shall provide one parking space for each employee, with a minimum of six spaces. TR. Theaters shall provide one parking space for each three theater seats. . •I - - - - - - - - OMNI III R-1 WAR"rall • • • - :- - : ' 1 OJONDJAVIN • • • • • 14.40.040 Parking Space Requirements - Industrial. A. Dance halls adult entertainment business establishments, and video arcades, shall provide one parking space for each fifty quare feet of floor area of the building_ B. Manufacturing uses, including creameries, soft dribottling establishments, bakeries, canneries, printing and engraving shops, pre -fabricated parts assembly plants, and other light industrial plants shall provide one parking space for each three employees, with a minimum of ten spaces. (Ord. 2228 §4, 8/31/82; Ord. 1588 §4, 6/15/66.) C. Manufacturing uses including sawmills paper mills pulp mills wood products mills, raw material processing plants, and other heavy industrial plants shall provide one parking space for each three employees with a minimum of ten parking spaces. D. Trucking, transportation, and distribution terminals shall provide one Parking space for each two employees. with a minimum of ten parking spaces E. Wholesale stores, warehouses, storage buildings and motor vehicles or machinery sales stores shall provide one parking space for each two employees with a minimum of tenap rking spaces. (Ord. 2228 §4, 8/31/82; Ord. 1588 §4, 6/15/66.) 14.40.050 Parking Space Requirements - Public and Institutional Uses. A. Auditoriums, stadiums, sports arenas, and other places of assembly with fixed seatingshall hall provide one parking space for each three seats B*. Clubs,fraternal ___i_`_s, places of assembly and exhibition halls without fixed seats shall provide one parking space for each fifty square feet of floor area of the building. C. Fire and police stations shall provide parking spaces as determined by Planning Commission review. D$. Hospitals shall provide one parking space for each bed. -4- 110 EE. Libraries shall provide one parking space for each two hundred square feet of floor area, with a minimum of ten spaces. FD. Museums shall provide one parking space for each three hundred square feet of floor area. GE. Outdoor sports area or parks fields without fixed seats shall provide parking spaces as determined by Planning Commission review. HP. Parks and playgrounds shall provide parking spaces as determined by Planning Commission review. 1e. Preschools and kindergartens day care centers shall provide one parking spaces for each adult teacher, care giver, and assistant and two loading/unloading parking spaces. Hi. Public and private golf clubs shall provide a minimum of forty parking spaces. Kf. Public swimming pools shall provide ten parking spaces for each one thousand square feet of pool surface area. U. Riding academies shall provide one parking space for each one hundred square feet of floor stable area. K. Elementary schools shall provide one parking space fbr each classroom. E. �unior high schools shall provide three parking spaces fbr each classio, M. Senior high schools shall provide six parking spaces fbr each classtoo. N. �unior colleges shall provide eight parking spaces f6r each classroom. E). Stadiums, sports areas, auditoriums and other places of assernb4y shall provide one parking space fbr each thTee seat&. M. Schools shall provide the following numbers of parking spaces: 1. Elementary schools shall provide one parking space for each classroom. 2. Middle schools shall provide three parking spaces for each classroom. 3. High schools shall provide six parking spaces for each classroom. 4. Colleges shall provide eight parking spaces for each classroom. NP. Senior Centers shall provide one parking space for every 135 square feet of floor area of the building. (Ord. 2683 §1, 3/27/92; Ord. 2228 §5, 8/31/82; Ord. 2184§1, 1/1/82; Ord. 2121 §1, 2/1/81; Ord. 2028 §1, 6/17/79; Ord. 1588 §5, 6/15/66.) 14.40.060 Parking Space Requirements - Residential Uses. A. Dormitories and apartment dormitories shall provide two parking spaces for each sleeping unit. B. Home occupations shall provide parking _spaces as determined by the Community Development Director. C$. Rooming and lodging houses shall provide one parking space for each sleeping unit. DE. Nursing and convalescent homes, assisted living facilities, residential care facilities, adult family homes, group homes, and sanitariums shall provide one (-+) parking space for each three (3) beds. ED. Single-family, two and three family dwellings, and apartment buildings shall provide two -(i) -parking spaces per dwelling unit. FE. Trailer parks shall provide two (2) parking spaces for each trailer space. (Ord. 2948 §1, 2/14/97; Ord. 2228 §6, 8/31/82; Ord. 2081 §1, 6/1/80; Ord. 2028 §2, 6/17/79; Ord. 1588 §6, 6/15/66.) 0 14.40.070 Parking Space Requirements - Unspecified Uses. If a use is not otherwise specifically mentioned in Sections 14.40.030 through 14.40.060 of this Chapter, the requirements for off-street parking facilities shall be the same as the requirements for off-street parking of the use which, as determined by the Planning Director, has the most similar parking need and land use characteristics. (Ord. 2228 §7, 8/31/82; Ord. 1588 §7, 6/15/66.) 14.40.090 Mixed Uses. In the case of a mixture of uses on one zoning lot or in one building, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities of any other use, except as may be provided in Section 14.40.100 of this Chapter. (Ord. 2228 §9, 8/31/82; Ord. 1588 §9, 6/15/66.) 14.40. 100 Cooperative Provisions. Parking facilities may be cooperatively used by different land uses, when the times of the use of such parking spaces by each use are nonsimultaneous. (Ord. 2228 §10, 8/31/82; Ord. 2121 §2, 2/1/81; Ord. 1588 §10, 6/15/66.) 14.40.110 Parking Space Requirement Modification - New Uses in New Building. For any new use in a new building, the required number of parking spaces shall be determined by the requirements of Sections 14.40.030 through 14.40.080. (Ord. 2228 §11, 8/31/82; Ord. 2028 §3, 6/17/80; Ord. 1588 §11, 6/15/66.) a 14.40.120 Parking Space Requirement Modification - New Uses in Existing Structures. A. A change or expansion of use in an existing building that is not located in the Downtown Parking and Business Improvement Area (PBIA) where the use meets the parking requirements of this Chapter must provide parking for the new use as required by this Chapter. If a change or expansion of use is proposed for an existing building where the use does not meet the requirements of this Chapter, the new or expanded use may occur only if the degree of non- conformance is not increased. For the purposes of this Section, the degree of non-conformance is defined as the number of parking spaces required minus the number of parking spaces provided. B. A change of use in a building that exists as of June 25, 1993, and is located in the Downtown PBIA may occur without provision of additional off-street parking spaces unless the floor area of the building is increased. (Ord. 2765, §2, 6/25/93; Ord. 2740 § 1, 1/29/93; Ord. 2667 §1, 1/17/92; Ord. 2228 §12, 8/31/82; Ord. 2097 §1, 8/19/80; Ord. 2028 §4, 6/17/79; Ord. 1588 § 12, 6/15/66.) 14.40.130 Parking Space Requirement Modification - Expansion of Existing Uses in Existing Structures. For an expansion in the use of an existing building or structure which enlarges the floor area, additional parking spaces need not be established, if the following requirements are met: A. The use and structure or building, prior to its enlargement or increase in floor area, is in conformance with the parking space requirements of this Chapter; B. No previous modifications of parking space requirements authorized by this 9 -6- 112 Section have been utilized; C. The number ofparking spaces required by the floor area ofthe addition, together with those required by the floor area of the existing building, will not exceed one hundred and fifteen percent of the spaces required for the expansion of the use or building. If the number of spaces required exceeds one hundred and fifteen percent, the required spaces in excess of one hundred and fifteen percent shall be established and maintained. (Ord. 2228 § 13, 8/31/82; Ord. 2028 §5, 6/17/79; Ord. 1588 §13, 6/15/66.) 14.40.140 Parking Space Modification Requirements - Existing Uses in Existing Structures. Existing uses occupying existing structures or buildings as of the effective date of the ordinance codified in this Chapter may continue until there is a change in use. (Ord. 2228 §14, 8/31/82; Ord. 2028 §6, 6/17/79; Ord. 1588 §14, 6/15/66.) 14.40.150 Improvement of Parking_ Spaces. A. Any parking spaces provided to comply with the terms ofthis Chapter, other than for single-family detached residences, shall be improved in accordance with the following requirements: 1. They shall meet the requirements of the clearing, grading, filling and drainage regulations set forth in Chapter 15.28 PAMC. 2. They shall be graded and paved with a hard -surface pavement ofportland cement concrete, asphaltic concrete with a structurally adequate base, or other hard -surface pavement acceptable to the Director of Public Works. All parking spaces shall be clearly and permanently striped in conformance with Public Works parking lot design standards. Wheel stops shall be installed where necessary to prevent encroachment upon public rights-of-way. 3. They shall be accessible, at all times, from street, alley or driveway intended to serve such off-street parking. 4. Improvements of parking spaces shall meet the Americans with. Disabilities Act standards. B. The City may grant permission for temporary occupancy of a building or structure even though the parking spaces required by subsection A of this Section have not been fully completed, provided that an improvement bond acceptable as to form and amount by the City Engineer and the City Attorney is posted in the amount of the estimated value of the construction of the parking facilities. Before granting such temporary occupancy, the Director of Public Works must determine that construction of the parking facilities prior to occupancy of the building would not represent sound construction practice, due to weather conditions, availability of materials and/or difficult site conditions, and the acceptance of such bond is therefore appropriate. Improvement bonds may be accepted for a period not to exceed twelve months. During the period before final completion of the improvements, the parking facilities provided shall at least be graded and graveled and be maintained in a good condition. C. Uses requiring six or fewer spaces may occupy a building or zoning lot for up to twelve months before compliance with subsection A2 of this Section, provided the parking facilities shall at least be graded and graveled and be maintained in a good condition. At the end of the twelve-month period, the parking facilities must be in compliance with subsection A2 of this Section, or a bond must have been provided and accepted in accordance with subsection B of this Section. (Ord. 2787 §6, 12/28/93; Ord. 2740 §2, 1/29/93; Ord. 2228 §15, 8/31/82.) -7- 113 14.40.160 Parking Space Requirements - Variances. A. A variance from the parking space requirements of this Chapter, either as specifically provided by Sections 14.40.030 through 14.40.060 and 14.40.080, or as determined by the Planning Director for an unspecified use under Section 14.40.070, may be granted on written request to, and after a public hearing by, the Port Angeles Planning Commission. The Planning Commission may impose such conditions upon the variance as it deems necessary to comply with the purpose of this Chapter. No variance shall be granted by the Planning Commission unless the Commission finds. 1. The variance is not detrimental to surrounding properties; 2. The parking provided is sufficient to meet the parking needed by the uses(s); 3. The variance will not create increased congestion or traffic hazards along adjacent streets and alleys; and 4. The variance is consistent with the intent of the Off -Street Parking Ordinance, the zoning district in which the site is located, and the Comprehensive Plan. B. Such public hearing shall be conducted in accordance with the procedures for a public hearing on the Zoning Ordinance of the City of Port Angeles. C. The determination of the Planning Commission may be appealed to the City Council. (Ord. 2787 §7, 12/28/93; Ord. 2740 §3, 1/29/93; Ord. 2228 § 16, 8/31/82.) 14.40.170 Building Permits. Before the granting of a building or occupancy permit for any new building or structure, or for any enlargement or change of use in any existing building or structure, where the proposed use is subject to the requirements of this Chapter, the applicant for such building permit shall comply with the requirements of this Chapter. Compliance shall consist of either of the following: A. Proof of the existence of, or the acceptance by the City of a bond for the off- street parking spaces required by this Chapter, including a site plan showing such off-street parking, which has been submitted to and approved by the Planning Director and City Engineer, such site plan to be prepared at a reasonable scale, showing property lines, dimensions of the property, size and arrangement of all parking spaces, the means of ingress and egress to such parking spaces and interior circulation within the parking area, the extend of any change required in existing site conditions to provide required parking, and such other information as may be necessary to permit review and approval of the proposed parking; or B. Proof that the applicant is a participant in a parking association or Parking and Business Improvement Area (PBIA), which provides the total number of off-street parking spaces which would otherwise be required from each of the individual participating uses. Applicants meeting all or a portion of their required needs through the provisions of subsection B of this Section must pay to the off -Street Parking Improvement Fund an initial assessment amount of $600 for each required parking space provided through membership in the Parking Association or PBIA. (Ord. 2787 §8, 12/28/93; Ord. 2363 § 1, 12/4/85; Ord. 2228 § 17, 8/31/82.) 14.40.180 Use of Parking_ Spaces. Subsequent to the issuance of a building permit, the number and location of parking spaces used to satisfy the requirements of this Chapter shall not be changed, nor shall the use of the building or structure for which the permit is issued be changed, -8- 114 without the issuance of a revised building permit, including compliance with the requirements of this Chapter. Parking spaces used by a land use to satisfy the requirements of the Chapter shall only be used for the parking of vehicles of customers and other users of the building and land use authorized by the building permit, and any permanent change in the use from that purpose shall require a revised building permit. (Ord. 2228 §18, 8/31/82.) 14.40.185 Parking Lot Activity Standards. All parking lot activities shall comply with the following standards: A. No such activity shall occur in parking spaces directly in front of entrances or windows of a building. B. Such activities shall not occupy more than 10% of the total number of spaces in the parking lot. C. Such activities shall not block entrances and exits to the parking lot or fire exit doors of any buildings. D. Such activities shall not occur in parking lots containing fewer than 20 spaces. E. All such activities shall comply with all other applicable City Ordinances and State Statutes. F. Each activity shall only be for a period not to exceed thirty (30) days for private businesses and sixty (60) days for private non-profit and charitable organizations within a one calendar year period. G. The location and activity shall not endanger the public health, morals, safety and welfare. (Ord. 2568 §2, 3/14/90.) 14.40.190 Revocation of Permit - Appeals. A. A building permit issued pursuant to the terms of this Chapter shall be revocable by the City Manager, or his designee, for violation of any of the provisions of this Chapter. Notice of the revocation of such permit shall be given in writing, by ordinary mail, directed to the address of the permit holder as shown on the permit application. B. Upon revocation, the permit holder shall have a right of appeal to the City Council. The holder shall, within ten days of the notice of revocation, give notice to the City Clerk, in writing, the permit holder's intention to appeal the revocation to the City Council. The Clerk shall place the permit holder's appeal on the agenda of the next regularly scheduled City Council meeting, and forthwith inform the permit holder, in writing, the date, time and location of the meeting. C. The City Council shall hold a public meeting, at which the permit holder may present testimony as to his compliance with the terms of this Chapter. D. The City Council shall make written findings of fact, as to the basis of any decision which it makes. The City Council may sustain the revocation of the permit, reinstate the permit with conditions, reinstate the permit after a time certain, or immediately reinstate the permit. (Ord. 2228 § 19, 8/31/82.) 14.40.200 Violation. Any person, firm, or corporation, in charge of premises which violate any of the provisions of this Chapter, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any, violation of any of the provisions of this Chapter is committed, continued, or permitted. Each such offense shall be punishable by a maximum civil fine of $500. (Ord. 2568 §3, 3/14/90; Ord. 2228 §20,8/31/82.) -9- 115 • Section 2 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, is held invalid, the remainder of the Ordinance, or application of the provision of the Ordinance to other persons or circumstances, is not affected. Section 3 - Effective Date. This Ordinance shall take effect five days following the date of its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 3rd day of September, 2002. ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney PUBLISHED: 2002 By Summary F:\ORDINANCES&RESOLUTIONS\2002-14.ord.wpd August 13,2002 • • • • • ATTACHMENT D ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, revising the City's subdivision ordinances, by providing consistent language for street standards, department names, and City officials' titles and by defining the desired urban design of the City, and amending Ordinances 1631, 2222, 2669, and 3002, as amended, and Title 16 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. Ordinance 2222 as amended and Title 16 of the Port Angeles Municipal Code are hereby amended by amending Chapter 16.04 PAMC to read as follows: Chapters: Sections: Title 16 SUBDIVISIONS 16.04 Short Plat Subdivisions 16.08 Subdivision Regulations 16.10 Binding Site Improvement Plan 16.12 Boundary Line Adjustments Chapter 16.04 SHORT SUBDIVISION REGULATIONS 16.04.010 Purpose and Intent. 16.04.020 Authority. 16.04.030 Definitions. 16.04.040 Applicability. 16.04.045 Parcels Traversed by Public Ways 16.04.050 Application Forms. 16.04.060 Preliminary Short Plat - Contents. 16.04.070 Preliminary Short Plat - Design Standards. 16.04.080 Preliminary Short Plat - Routing and Staff Recommendations. 16.04.090 Preliminary Short Plat - Requirements for Approval. 16.04.100 Preliminary Short Plat - Approval - Conditions. 16.04.110 Preliminary Short Plat - Approval - Effect. 16.04.120 Appeals. 16.04.130 Final Short Plat - Filing Time Limit. 16.04.140 Final Short Plat - Improvements - Required. 16.04.150 Final Short Plat - Improvements - Bond in Lieu When. 16.04.160 Final Short Plat - Contents. 16.04.170 Final Short Plat - Routing for Review. 16.04.180 Final Short Plat - Final Approval Procedure. 16.04.190 Final Short Plat - Filing and Recordation. 16.04.200 Resubdivision by Short Plat Prohibited - Time Limit. 16.04.205 Agreement to transfer land conditioned on final plat approval - Authorized. 16.04.210 Injunctive Action to Enforce Chapter. 16.04.220 Violation - Penalty. 16.04.010 Purpose and Intent. The purpose of this Chapter is to provide uniform regulations for the subdivision and resubdivision of land into four or less parcels, so as to promote the public health, safety and general welfare. It is further the purpose of this Chapter to implement the requirements of the Growth Management Act of 1990 through the goals, policies, and objectives of the Comprehensive Plan of the City, to comply with the requirements of the Zoning Code and Urban Services Ordinance of the City, to ensure orderly growth consistent with the desired urban design of the City, to promote effective and energy-efficient use of land, to prevent over -crowding of land, to provide for adequate light and air, to promote safe and convenient travel and lesser congestion on streets and highways, to provide for proper ingress and egress, to ensure adequate provision for open spaces, drainage ways, transit stops, potable water supplies, sanitary wastes, parks and recreation areas, playgrounds, schools and school grounds, sidewalks and safe walking conditions on school routes, and other public requirements, to require uniform monumenting of land subdivisions and conveyancing by accurate legal description, and to prevent the creation of public nuisances. (Ord. 2880 §1 (part), 8/25/95; Ord. 2222 §1, 8/11/82.) 16.04.020 Authority. This Chapter is adopted pursuant to the authority granted to the City by the Revised Code of Washinglon pursuant to RCW 58.17.060. (Ord. 2222 §2, 8/11/82.) 16.04.030 Definitions. A. 'Block" means a group of lots, tracts or parcels within well-defined and fixed boundaries. B. "City" means the City of Port Angeles. C. "Community Development Department or Department" means the Community Development Department of the City. DE "Comprehensive Plan" means a Comprehensive Plan adopted by the Council in compliance with the Growth Management Act of 1990 and which indicates the general locations recommended for residential, commercial, and industrial land uses or zones and for streets, parks, public buildings, and other public improvements. The Comprehensive Plan includes all its Appendices and individual comprehensive service and facility plans such as the Capital Facilities Plan, the Comprehensive Water Plan and the Comprehensive Parks Plan. E$. 'Dedication" means the deliberate appropriation of land by an owner for public 118 -2- uses, reserving to the owner no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final short plat showing the dedication thereon, and acceptance of the dedication by the City shall be evidenced by the approval of such final short plat. F. "Desired urban design of the City' means the land use pattern and street system as described by the Comprehensive Plan land use map and policies, the zoning map and regulations the subdivision regulations, and the Urban Services Standards and Guidelines QE. "Final short plat means the final drawing of the short subdivision, containing all the elements and requirements set forth in this Chapter. HE "Lot" means a fractional part of divided land with fixed boundaries. The term shall include tracts or parcels. IG. "Planning Commission" means the Planning Commission of the City, as designated in Chapter 2.36 of this Code. R. "Preliminary short plat" means an approximate drawing of a short subdivision showing the general layout of streets and alleys, lots, blocks and other elements of the short subdivision. KJ. "Short subdivision means the division or redivision of land into four or less lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership. (Ord. 2880 §1 (part) 8/25/95; Ord. 2222 §3, 8/11/82.) 16.04.040 Applicability. A final short plat, approved in accordance with the provisions of this Chapter and filed with the County Auditor, is required for all short subdivisions within the City, and no lot, tract, or parcel within any short subdivision shall be sold, leased, transferred, redivided, altered, or vacated, without compliance with the terms of this Chapter. (Ord. 2880 § 1 (part) 8/25/95; Ord. 2222 §4, 8/11/82.) 16.04.045 Parcels Traversed by Public Ways. Public streets, roads, highways, alleys, and other public ways, which traverse a parcel of land under one ownership, will be considered to have divided that land into non-contiguous pieces without further need for complying with short subdivision requirements. (Ord. 2793, §1, 2/11/94) 16.04.050 Application Forms. A. An application for approval of a preliminary short plat shall be submitted to the Plarmin Community Development Department on a form furnished by that Department and shall be accompanied by the preliminary short plat. B. The application form shall contain, at minimum: 1. The name, address and telephone number of the applicant and the property owner; 2. A legal description of the property to be subdivided; 3. A statement of the underlying zoning; 4. The proposed methods of serving the individual lots in the short subdivision with water, sewer, streets and other public utilities; 5. The purpose of the short subdivision; and 6. If requested by the Pg Department, the name, address and telephone 119 -3 number of the owner(s) of all adjacent unplatted parcels. C. The application form shall be accompanied by six copies of the preliminary shor* plat, the application fee and, if applicable, a SEPA checklist. D. The short subdivision application fee shall be as established by ordinance and set forth in Chapter 3.70 PAMC. No such fee shall be refundable after acceptance of an application by the Plaming Department. (Ord. 2789 §11, 1/1/94; Ord. 2222 §5, 8/11/82.) 16.04.060 Preliminary Short Plat - Contents. The preliminary short plat shall be a neat drawing, in ink, to a scale of not less than one inch to one hundred feet, on eight and one-half by eleven inch or larger paper, and shall provide the following information: A. The date, scale, and North arrow; B. The boundaries of the entire parcel being subdivided, including all contiguous unplatted property owned by the subdivider; C. A legal description of the property being subdivided; D. Identification, dimensions, and area of all proposed lots; E. The name and location of existing and proposed public rights-of-way; F. The location of existing and proposed easements; G. The required building setbacks on each proposed lot; H. The location of existing buildings and major structures and their distances from property lines; L The location of existing natural features, such as streams, rivers, wetlands, shorelines, drainage ways, ravines and steep slopes; J. The location and size of existing utilities, including water, sewer, storm drains, and fire hydrants. (Ord. 2880 §1 (part) 8/25/95; Ord. 2222 §6, 8/11/82.) 16.04.070 Preliminary Short Plat - Design Standards. All preliminary short plats shall conform to the following design standards: A. Right -of -Way Access. 1. Each lot shall abut on a dedicated, improved and maintained City street. Such street shall connect directly to an existing improved street that meets current street improvement standards as set forth in the Comprehensive Plan, the Urban Services Ordinance, and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130. 2. If the ab g sy rights-of-way abuttingtheproperty being subdivided does not meet minimum width standards, additional right-of-way shall be required in accordance with the standards as set forth in the Comprehensive Plan, the Urban Services Ordinance and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18 08 040 and 18.08.130 3. An exception from the right-of-way access requirements in this section shall be allowed for a single lot within a proposed short plat, provided that the following conditions are met: a. the single lot contains an existing habitable dwelling that alrea abuts and is accessible by emergency vehicles over an existing 20 -foot -wide all-weather street that 120 -4- does not meet City standards and alrea4y eofttains a habitable dweH4ftg, and b. all other lots in the short subdivision shall meet the right-of-way access standards of this section. 4. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school shall be provided pursuant to RCW 58.17.060 and RCW 58.17.110. B. Lot Design. 1. The minimum area shall be equal to or greater than that required by the Zoning Code as now enacted or hereafter amended. 2. The minimum depth shall be the total distance between the required front and rear yard setbacks plus fifteen feet. 3. The minimum width, measured at the mid -point between the front and rear yard setback lines, shall be as required by the Zoning Code as now enacted or hereafter amended. 4. The front lot line shall be the boundary of a lot which abuts a street. On a panhandle, flag, or dogleg lot, the front lot line and setbacks shall be determined during the short subdivision process, or, if not determined during short subdivision review, shall be determined by the Platming .Community Development Director. 5. a. Panhandle, flag, or dogleg lots may be permitted if the original parcel has insufficient width to reasonably provide each lot with a dedicated right-of-way occurring within the interior of the plat and if there is no reasonable likelihood that standard rights-of-way could be provided in cooperation with abutting properties. b. Each such panhandle, flag, or dogleg lot shall meet the following criteria: i. The panhandle shall have a minimum width of twenty feet and shall serve no more than one lot. panhandle. ii. The required lot area shall not include any portion of the iii. Dead-end access streets and/or driveways in excess of 150 feet in length shall be provided with a turn -around which has a minimum 90 -foot diameter asphaltic concrete street or an alternative approved by the City consistent with the Urban Services Ordinance and the Uniform Fire Code, except that an all-weather gravel surface section may be approved for turn-arounds which are anticipated to be temporary due to the future extension of the roadway. C. Natural Features. The lots and lot arrangement shall be such that no foreseeable difficulties will be created, due to topography and other natural conditions, for the securing of building permits to build on all lots in compliance with the Zoning Code and the Environmentally Sensitive Areas Protection Ordinances, as now enacted or hereafter amended, and all other applicable regulations. D. Large Lots. Where property is subdivided into lots which are of sufficient size to be resubdivided, the lots and streets shall be arranged so as to permit later resubdivision in conformance with the Zoning Code, as now enacted or hereafter amended, the Subdivision Regulations Ordinance, as now enacted or hereafter amended, and this Chapter. (Ord. 3042 § 1 (part) 1/28/00; Ord. 2948 §2 (part) 2/14/97; Ord. 2880§1 (part) 8/25/95; Ord. 2865, 5/12/95; Ord. 2631 §1, 3/29/91; Ord. 2222 §7, 8/11/82.) 16.04.080 Preliminary Short Plat - Routing and Staff Recommendations. A. Upon receipt of an application and preliminary short plat satisfying the requirements of Sections 16.04.050, 16.040.060 and 16.04.070 of this Chapter, the Planning Community Development Department shall distribute the preliminary short plat to the following Ddepartments: 1. City Public Works & Utilities Department; 121 -5- 23. City Fire Department; 34. Clallam County Health Department if a septic tank and drain field is to be allowed; 4-5. Any other appropriate department or agency. B. Each Ddepartment or agency shall review the preliminary short plat and return written recommendations for approval or disapproval of the preliminary short plat, and, if appropriate, proposed conditions for approval, to the Ming Community Development Department within twenty calendar days. (Ord. 2880 § 1 (part) 8/25/95; Ord. 2222 §8, 8/11/82.) 16.04.090 Preliminary Short Plat - Requirements for Approval. Prior to acting on the preliminary short plat, the Pimming Community Development Director shall review the application for preliminary short plat approval, the preliminary short plat, and any information received pursuant to Sections 16.04.050 through 16.04.080, to determine the compliance of the preliminary short plat with the following requirements: A. Necessary drainage ways or storm drain facilities must be adequate to serve the short subdivision as set forth in the Comprehensive Plan and Urban Services Ordinance development standards. B. The provision of streets and rights-of-way must be adequate to serve the short subdivision and comply with Sections 16.04.070 and 16.04.140 of this Chapter and as set forth in the Comprehensive Plan and Urban Services Ordinance development standards. C. Water supply and fire protection facilities must be adequate to serve the short subdivision and comply with Section 16.04.140 of this Chapter and as set forth in the Comprehensiv* Plan and Urban Services Ordinance development standards. D. Sanitary sewer facilities must be adequate to serve the short subdivision and comply with Section 16.04.140 of this Chapter, and as set forth in the Comprehensive Plan and Urban Services Ordinance development standards, or a septic tank system must have been approved by the Clallam County Department of Health. E. The short subdivision lot arrangement must comply with the policies of the Comprehensive Plan and further the attainment of the goals, policies, and objectives of the Comprehensive Plan. F. The proposed short subdivision must be compatible with existing and planned development of the surrounding area. G. The proposed lots must comply with the requirements of Ordinance 1709, as now enacted or hereafter amended, and Section 16.04.070 of this Chapter. (Ord. 2880 § 1 (part) 8/25/95; Ord. 2222 §9, 8/11/82.) 16.04. 100 Preliminary Short Plat - Approval - Conditions. A. Within thirty calendar days of receipt of the application, the Pl&-,rAng Community Development Director shall determine if appropriate provisions for the public health, safety and general welfare of the community have been made, shall determine if any public nuisance would be created, and shall further determine if the public use and interest will be served by approving the preliminary short plat, based upon compliance with Sections 16.04.010, 16.04.050 and 16.04.090 of this Chapter. 122 -6- B. Based upon that determination, the Plamin Community Development Director shall approve, approve with conditions, or disapprove the preliminary short plat; or may return the preliminary short plat to the applicant for modification, if significant revisions of the preliminary short plat are required. C. The decision of the Platming Community Development Director shall be in writing, directed to the applicant and/or property owner, at the address shown in the application, and shall set forth findings of fact supporting the decision. (Ord. 2880 § 1 (part) 8/25/95; Ord. 2222 §10, 8/11/82.) 16.04.110 Preliminary Short Plat - Approval - Effect. Approval, or approval with conditions, of a preliminary short plat shall authorize an applicant and/or property owner to proceed with the preparation of the final short plat. (Ord. 2222 §11, 8/11/82.) 16.04.120 Appeals. A. Any person aggrieved by the decision of the Plamling Community Development Director under Section 16.04. 100 may appeal the decision to the City Council. B. Appeals shall be submitted to thug Community Development Department in writing within fourteen days following the date of mailing the decision to the applicant. C. The City Council shall hear the appeal, may uphold, reverse, or modify the decision and shall set forth written findings of fact. (Ord. 2911 §7, 3/29/96; Ord. 2880 §1 (part) 8/25/95; Ord. 2222 §12, 8/11/82.) 16.04.130 Final Short Plat - Filing, Time Limit. A. Within five years of the Plmtti" Community Development Director's approval of a preliminary short plat, the applicant and/or property owner shall .submit a final short plat to the Platming Community Development Department which is in compliance with the approved preliminary short plat. B. Failure to submit a proposed final short plat within the five years shall terminate the preliminary short plat approval. (Ord. 2880 § 1 (part) 8/25/95; Ord. 2719 § 1, 11/13/92; Ord. 2222 §13, 8/11/82.) 16.04.140 Final Short Plat - Improvements - Required. The following minimum improvements shall be made or installed for each lot created by the short subdivision, before final short plat approval: A. Watermains and other appurtenances necessary to provide adequate potable water supply and fire protection as set forth in the Comprehensive Plan, the Urban Services Ordinance and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130; B. Sanitary sewer or approved septic tank and drain field site; C. Power, telephone, and all other necessary utilities. D. Appropriate dedications or easements if required; E. Minimum street improvement cross-section standard as set forth in the Comprehensive Plan, the Urban Services Ordinance, and the Urban Services Standards and Guidelines: 1. Improvements to Frontage and Local Access Streets: Fentage-an Local 123 -7- access streets that front or will provide access from the nearest fully improved City street to newly created lots shall be improved to a minimum of 20 -foot wid asphaltic concrete street with one 3 -foot wide shoulder and one 6 -foot wide shoulder for pedestri traffic. All dead-end City streets in excess of 150 feet in length shall be asphaltic concrete paved and provided with a turn -around consistent with the Urban Services Ordinance, the Urban Services Standards and Guidelines, and the Uniform Fire Code. 2. Improvements to Arterial Streets: Arterial streets that front or will provide access to, and the lots or parcels being developed shall be improved to the minimum City arterial street improvement standards. 3. EXCEPTION: The Public Works & Utilities Department shall require the minimum standard to be increased to match the immediately adjoining City street when the immediately adjoining City street is more fully developed than the minimum standard. This exception shall not apply to short plats when the City finds that there will be an economic and physical hardship in relocating public utilities and there will be no increase in the number of lots within a subject short plat. F. Roadway Drainage ditches and/or culverts shall be provided to address existing and anticipated storm water run-off occurring on the site and/or within the Prineipal ffge QLty rights-of-way and easements as set forth in the Urban Services Ordinance and Clearing and Grading Ordinance development standards. G. The subdivider shall provide a street profile acceptable to the Public Works & Utilities Department for the prineipal frontage local access streets if the final street grade has not been previously established or accepted by the City. H. The subdivider shall execute an L.I.D. consent and non -protest agreement or other agreement acceptable to the City for street and utilities improvements on the prineipa4 frontage local access streets whenever required improvements are less than the City's full development standards, as set forth in the Comprehensive Plan. the Urban Services Ordinance_ and the T Trhan Rerviee 18.08.130 established by the E3ity Engine . I. The subdivider shall provide all other public improvements as may be required as and set forth in the Comprehensive Plan, and the Urban Services Ordinance, and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18 08 040 and 18.08.130 . J. When commercially zoned property is being short platted without any increase in the number of lots, the minimum improvements required by this Section may be made or installed after short plat approval without the necessity of being bonded, provided that the final short plat shall be conditioned to provide that such improvements shall be made or installed as part of the building permit process, that vertical construction of the building shall not begin unless or until the Uniform Fire Code's fire hydrant requirement has been met, and that the property or development shall not be occupied until such improvements have been completed, provided further that said construction shall be noted on the final plat. K. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school shall be provided pursuant to RCW 58.17.060 and RCW 58.17.110. (Ord. 3042 §1 (part)1/28/00; Ord. 2948 §2 (part) 2/14/97; Ord. 2920, 6/14/96; Ord. 2909 §1, 3/15/96; Ord. 2880 §1 (part) 8/25/95; Ord. 2631 §2, 3/29/91; Ord. 2222 §14, 8/11/82.) 16.04.150 Final Short Plat - Improvements - Bond in Lieu When. Performance bonds or other security may be accepted in lieu of construction of the required improvements of Section 16.04.140, subject to the approval of the City Engineer as to amount and the City Attorney as to form and content. (Ord. 2880 §1 (part) 8/25/95; Ord. 2222 §15, 8/11/82.) 124 -8- 16.04.160 Final Short Plat - Contents. A. Upon completion of physical improvements as required by Section 16.04.140, or acceptance of a bond under Section 16.04.150, a final short plat may be submitted for approval. B. The final short plat shall be an eighteen -inch by twenty-four inch permanent reproducible mylar, and shall be at a scale of not less than one hundred feet to one inch. The final short plat and six paper copies shall be accompanied by a report containing accurate square -footage and dimensions of each lot and block and the coordinates of each monument, a title report, and shall include a warranty that all assessments in favor of the City have been paid. The final short plat and survey shall be based on the Washington Coordinate System, North Zone, as adopted by the City, and shall show the following: 1. A minimum of two permanent plat control monuments to which all dimensions, bearings, azimuths and similar data on the plat are referred; 2. Permanent monuments at all corners. 3. Subdivision boundary lines, right-of-way lines, easements, lot lines with accurate dimensions, bearings or azimuths, radii, central angles, and lengths of all curves; 4. Name and right-of-way width of each street. Any street not dedicated to the public must be so marked on the face of the plat; 5. Locations, dimensions, and purpose of all easements; 6. The required building setbacks on each proposed lot; 7. Required building setbacks and the location of any existing buildings and/or major structures shall be shown on each proposed lot as well as their distances from property lines. 8. Identification of each lot; 9. Purpose for which sites are dedicated to the public; 10. Location and description of all monuments; 11. The legal description of the proposed lots. 12. The title under which the subdivision is to be recorded, true North and grid North arrows, scale, and legend; 13. Legal description of the land to be platted; 14. Certification by registered land surveyor as to the accuracy of plat and survey; 15. Certificate by owner(s) dedicating roads, rights-of-way, easements, and any sites for public purposes; 16. Certification of approval by: a. The Plaming Community Development Director, b. The Public Works & Utilities Director; and C. The Fire Chief; 17. House addresses shall be provided by the City and must be clearly shown on the short plat at the time of approval pursuant to RCW 58.17.280. 18. Certification by the County Treasurer that all State and County taxes levied against the land to be subdivided have been paid in full; 19. Certification of filing by County Auditor; 20. If improvements are to be bonded rather than actually installed prior to final plat approval, the plan shall show a notation as follows: "No occupancy of dwelling units will be allowed until all roadway and utility improvements have been completed and approved by the City Engineer._" (Ord. 2948 §2 (part) 2/14/97; Ord. 2909 §2, 3/15/95; Ord. 2880 §1 (part) 8/25/95; Ord. 2391 §1, 5/30/86; Ord. 2222 §16, 8/11/82.) 125 -9- 16.04.170 Final Short Plat - Routing for Review. A. Upon receipt of a final short plat, the Planning Community Develoj2me Department shall circulate the final short plat to the following departments: 1-2. Public Works & Utilities Department; 2-3. Fire Department. B. If the final short plat complies with the requirements of this Chapter and the approved preliminary short plat, the Ddepartment head shall signify approval by signing on the face of the final short plat. C. In the event the final short plat fails to comply with specific standards or conditions of preliminary plat approval, the Ddepartment shall so notify the Plamin Community Development Director in writing. (Ord. 2391 §2, 5/30/86; Ord. 2222 §17, 8/11/82.) 16.04.180 Final Short Plat - Final Approval Procedure. A. Within thirty calendar days of receipt of the proposed final short plat, the Plag Community Development Director shall: 1. Review the final short plat for compliance with preliminary plat conditions; 2. Review the comments and recommendations of all appropriate Departments; and 3. Ascertain from the Public Works & Utilities Department that the required physical improvements, in accordance with Section 16.04.140, have been installed or financial security has been provided therefor. B. If the Plattrring Community Development Director is satisfied that all of the above have been met, then he shall approve the final short plat by affixing his signature to the face thereof. C. If one or more of these requirements for approval is not met, he shall notify the applicant and/or property owner in writing of the reasons for withholding approval of the final short plat. D. Appeal from the Plarmin Community Development Director's decision shall be made in accordance with Section 16.04.120. (Ord. 2880 §1 (part) 8/25/95; Ord. 2222 §18, 8/11/82.) 16.04.190 Final Short Plat - Filing and Recordation. The applicant and/or property owner and/or surveyor shall file the final short plat with the Clallam County Auditor's Office within ten calendar days of the date of the Plarmin Community Development Director's approval. The final short plat shall not be deemed approved by the City until recorded. A copy of the recorded document shall be submitted to the Plarming Community Development Department within ten calendar days of filing. (Ord. 2222 §19, 8/11/82.) 16.04.200 Resubdivision by Short Plat Prohibited. Short plats may not be further divided in any manner within a period of five years without the filing of a final plat, except that when the short plat contains fewer than four parcels, nothing shall prevent the owner who filed the short plat from filing an alteration within the five year period to create up to a total of four lots within the original short plat boundaries. (Ord. 2741 §1, 1/29/93; Ord. 2222 §20, 8/11/82.) 126 -10- 16.04.205 Agreements to transfer land conditioned on final plat approval — Authorized. If performance of an offer or agreement to sell, lease, or otherwise transfer a lot tract, or parcel of land following preliminaryplat approval is expressly conditioned on the recording of the final plat containing the lot, tract, or parcel under this Chapter, the offer or alleement is not subject to PAMC 16.04.210 or 16.04.220 and does not violate any provision of this Chapter. All payments on account of an offer or agreement conditioned as provided in this Section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final plat is recorded: 16.04.210 Injunctive Action to Enforce Chapter. Whenever any parcel of land within the City is divided into four or less lots, tracts or parcels of land, and any person, firm, or corporation or any agent of them sells or transfers, or offers or advertises for sale or transfer, any such lot, tract, or parcel, without having a final short plat of such short subdivision filed for record in accordance with the terms of this Chapter, the City Attorney shall commence an action to restrain and enjoin further sale or transfer of such lots, tracts, or parcels, or offers for sale or transfer for such lots, tracts, or parcels, and to compel complete compliance with all provisions of this Chapter. The cost of such action shall be taxed against the person, firm, corporation, or agent selling or transferring the property. (Ord. 2222 §21, 8/11/82.) 16.04.220 Violation - Penalty. Any person, firm, corporation, or association, or any agent of any person, firm, corporation or association who violates any provision of this Chapter relating to the sale, offer to sell, lease or transfer of any lot, tract, or parcel of land in a short subdivision shall be guilty of a misdemeanor, and each such sale, offer for sale, lease, or transfer of each separate lot, tract, or parcel of land in violation of any provision of this Chapter shall be deemed a separate and distinct offense. Each such offense may be penalized by a fine of up to five hundred dollars or ninety days in jail. (Ord. 2222 §22, 8/11/82.) Section 2. Ordinance 1631 as amended and Title 16 of the Port Angeles Municipal Code are hereby amended by amending Chapter 16.08 PAMC to read as follows: 127 -11- CHAPTER 16.08 SUBDIVISION REGULATIONS Sections 16.08.010 Purpose and Intent. 16.08.020 Authority and Jurisdiction. 16.08.030 Definitions. 16.08.040 Applicability. 16.08.045 Parcels Traversed by Public Ways. 16.08.050 Procedure. 16.08.060 Standards and Policies. 16.08.070 Requirements for Acceptance of Plats. 127 -11- 16.08.080 Variances. 16.08.090 Validity. 0 16.08.095 Agreements to transfer land conditioned on final plat approval - Authorized. 16.08.100 Enforcement and Penalties. 16.08.110 Plat Occupancy. 16.08.010 - Purpose and Intent. A. PURPOSE. Land subdivision is the first step in the process of community development. Once land has been cut up into streets, lots, and blocks and has been publicly recorded, the correction of defects is costly and difficult. It is therefore in the interest of the public, the developer, and future property owners that subdivisions be designed and developed in accordance with sound rules and proper minimum standards. The purpose of this Chapter is to provide uniform regulations for the subdivision and resubdivision of land into five or more parcels, so as to promote the public health, safety and general welfare. It is further the purpose of this Chapter to implement the requirements of the Growth Management Act of 1990 through the goals, policies, and objectives of the Comprehensive Plan of the City, to comply with the requirements of the Zoning Code and Urban Services Ordinance of the City, to ensure orderly growth consistent with the desired urban design of the CitX, to promote effective and energy-efficient use of land, to prevent over -crowding of land, to provide for adequate light and air, to promote safe and convenient travel and lessen congestion on streets and highways to provide for proper ingress and egress, to ensure adequate provision for open spaces, drainage way transit stops, potable water supplies, sanitary wastes, parks and recreation areas, playgrounds, schools and school grounds, sidewalks and safe walking conditions on school routes, and other public requirements, to require uniform monumenting of land subdivisions and conveyancing by accurate legal description, and to prevent the creation of public nuisances. B. INTENT. It is the intent of these regulations to provide the minimum controls required to ensure that all platting and subdivision of land in the City of Port Angeles shall be in the public interest and shall meet minimum standards of public health and public safety. (Ord. 2880 §2 (part) 8/25/95; Ord. 1631 §1, 11/14/67.) 16.08.020 - Authority and Jurisdiction. A. AUTHORITY. The Planning Commission is designated and assigned the administrative and coordinating responsibilities contained herein, pursuant to the Laws of the State of Washington, for the recommendation of approval or disapproval of plats, subdivisions and dedications. B. JURISDICTION. The City Council shall appoint a person who shall have the authority, duties and responsibilities of Subdivision Administrator for the City of Port Angeles. (Ord. 1631 §2, 11/14/67.) I ] 128 -12- ! 16.08.030 - Definitions. A. ACCESS STREET - A street with the main function of providing access to adjacent properties or for local traffic. B. BUFFER STRIP - An area or strip of land located and planted with trees and shrubs to provide a screen between conflicting land uses. (Parks, playgrounds and the site of public buildings are sometimes used as a buffer.) C. COLLECTOR ARTERIAL STREET - A street which provides for movement within the smaller areas which are often definable neighborhoods and may be bound by higher class (minor or principal) arterials. Collector arterials serve very little "through traffic" but serve a high portion of local traffic requiring direct access to abutting land uses. D. COMMISSION - The City of Port Angeles Planning Commission. E. COMMUNITY DEVELOPMENT DEPARTMENT OR DEPARTMENT - The City of Port Angeles Community Development Department. FE. COMPREHENSIVE PLAN - A Comprehensive Plan adopted by the Council in compliance with the Growth Management Act of 1990 and which indicates the general locations recommended for residential, commercial, and industrial land uses or zones and for streets, parks, public buildings, and other public improvements. The Comprehensive Plan includes all its Appendices and individual comprehensive service and facility plans such as the Capital Facilities Plan. the Comprehensive Water Plan and the Comprehensive Parks Plan. GE. COUNCIL - Port Angeles City Council. HG. CROSSWALK -WAY - A right-of-way dedicated to public use, ten feet or more in width, which cuts across a block to facilitate pedestrian access to adjacent streets and properties. IFI. CUL-DE-SAC - (Court or Dead End Street) - A short street having one end open to traffic and being permanently terminated by a vehicle turn -around. J. DEDICATION - The deliberate appropriation of land by an owner for public uses, reserving to the owner no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing: of a final subdivision plat showing the dedication thereon. Acceptance of the dedication by the City shall be evidenced b the he approval of such final subdivision plat. K. DESIRED URBAN DESIGN OF THE CITY - The land use pattern and street system as described by the Comprehensive Plan land use map and policies, the zoning map and regulations, the subdivision regulations, and the Urban Services Standards and Guidelines. U. EASEMENT- A grant by the property owner of the use of a strip of land by the public, a corporation, or persons for specific purposes. M-: FINAL PLAT - The final drawing of the subdivision and dedication prepared for filing for record with the County Auditor and containing all elements and requirements set forth in this Chapter. Nib. IMPROVEMENTS - Streets, with or without curb or gutter, sidewalks, crosswalk -ways, water mains, sanitary and storm sewers, street trees, power and other appropriate items. OE. LOT - A portion of a subdivision or other parcel of land intended as a unit for transfer of ownership or for development. PM. LOT FRONT - Unless otherwise specified on a plat, the narrow width of a lot which abuts a public street shall be considered the front of said lot. 0 QN. MINOR ARTERIAL STREET - A street which provides for movement within the large sub -parts prescribed by principal arterials. Minor arterials may also serve "through traffic" but provide much more direct service to abutting land uses than principal arterials. R9. OWNER - A person, firm, association, partnership, private corporation, public or quasi -public corporation, or any combination thereof S.P. PLANNED RESIDENTIAL DEVELOPMENT (PRD) - A planned residential development is a site specific development which has been approved by the City Council under the provisions of Chapter 17.19 of the Port Angeles Municipal Code. It may include a subdivision of land in which residential lots are designed in clusters of individual lots with park and open space areas between clusters and in which lots may be below the minimum lot widths and lot areas required by the Zoning Code. TQ. PRELIMINARY PLAT - An approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of the subdivision consistent with the requirements of this Chapter. UR. PRINCIPAL ARTERIAL STREET - A street which provides for movement across and between large sub -parts of an urban region and serve predominantly "through trips" with minimum direct service to abutting land uses. V -S. STREET - A right-of-way, dedicated to public use, which provides vehicular and pedestrian access to adjacent properties. W -T. SKETCH - A drawing showing proposed lot -layout, building line setbacks and proposed locations and width of streets, width and area of each lot, sanitary and storm drainage. XT3. SUBDIVIDER - DEVELOPER - A person who undertakes the subdividing or the resubdividing of a lot, tract or parcel of land into two or more lots or other divisions of land for the purpose, immediate or future, of transfer of ownership or development, including all changes in street or lot lines. YV. SUBDIVISION - The dividing of a lot, tract or parcel of land into five or more lots or other division of land for the purpose, immediate or future, of transfer of ownership or development, including all changes in street or lot lines. (Ord. 2880 §2 (part) 8/25/95; Ord. 1631 §3, 11/14/67.) 16.08.040 - Applicability. A final subdivision, approved in accordance with the provisions of this Chapter and filed with the County Auditor, is required for all subdivisions within the City, and no lot, tract, or parcel within any subdivision shall be sold, leased transferred, redivided, altered, or vacated without compliance with the terms of this Chapter. (Ord. 2880 §2 (part) 8/25/95) 16 08 045 - Parcels Traversed by Public Ways. Public streets, roads, highways, alleys, and other public ways, which traverse a parcel of land under one ownership, will be considered to have divided that land into non-contiguous pieces without further need for complying with subdivision requirements. (Ord. 2880 §2 (part) 8/25/95) • 130 -14 - 0 16.08.050 - Procedure A. PRELIMINARY STEPS. The developer shall submit a sketch of a proposed subdivision of land to the City Plaming Community Development Department for review prior to submittal of the Preliminary Plat. B. PRELIMINARY APPROVAL. The developer or his surveyor shall then transmit six (6) (or more if required) copies of the Preliminary plat, together with a filing fee, to the Gity ung Community Development Department. The amount of the filing fee shall be as established by ordinance and set forth in Chapter 3.70 PAMC. The City Platming Community Development Department shall submit written recommendations to the Planning Commission prior to the Commission's public hearing in which the Preliminary plat is on its agenda. The proposed plat shall be prepared by a licensed land surveyor and shall be submitted to the Gity Pimming Community Development Department at least thirty (30) days prior to the public hearing of the City Planning Commission. Notice of the public hearing on a proposed plat or subdivision shall be posted by the developer in a conspicuous place on or adjacent to the land proposed to be subdivided. Such notices shall clearly indicate the time and place of the public hearing and shall be posted not less than ten days prior to the hearing. The Planning Commission shall examine the proposed plat, along with written recommendations of the City $departments„ and shall recommend either approveal or disapprove denial and sha4l make reeenmnendatiom thereon to the City Council. Within a period of ninety (90) days after a preliminary plat has been submitted to the ' g Community Development Department and other affected agencies, the City Council shall either approve or disapprove the proposed Preliminary plat. The ninety (90) days time period may be extended with the consent of the applicant. If an Environmental Impact Statement is required, the ninety (90) day period shall not include the time spent preparing and circulating the EIS. Following final action of the City Council on a preliminary plat, the Pimming Community Development Department shall notify the developer regarding changes required and the type and extent of improvements to be made. A copy of the Ganmr4ssionls City Council's action and recommendations shall be forwarded to the developer and to any agency submitting recommendations in regard to the preliminary plat. Approval of a preliminary plat shall be considered conditional approval of the preliminary plat, and shall not constitute approval of the Final plat; it shall be considered only as approval of the layout submitted on the preliminary plat as a guide to the preparation of the Final plat. If the preliminary plat is approved by the City Council, the developer, before requesting final approval, shall elect to install or assure installation of the improvements required by Section 16.08.070 PAMC by one of the following methods: 1. Actual installation of the required improvements, to the satisfaction and approval of the City Engineer; 2. Furnishing to the City an assignment of a savings account or another approved security or placing in trust, an amount equal to 150% of the cost of the improvements as determined by the City Engineer, which assignment of savings account, other security, or trust shall assure to the City the installation of the improvements, to the satisfaction and approval of the City Engineer. This savings account, or other security, or trust shall be conditioned so that no amount may 131 -15- be removed therefrom without prior written approval of the City, and shall further provide that, if the improvements are not installed within the time limitations set by the City Engineer, or not installed to the satisfaction of the City Engineer, then the City may withdraw from the savings account, other security, or trust the amount necessary to complete the improvement. The City Engineer shall determine the period of the assignment of the savings account, other security, or the trust. After completion of all required improvements the City Engineer and any government agency involved shall submit a written notice to the Plamxing Community Development Department stating that the developer has completed the required improvements in accordance with PAC 16.08.070 and with required installation standards. C. FINAL APPROVAL. The Final plat shall conform to the Preliminary plat as approved by the City Council. If desired by the developer, the Final plat may constitute only that portion of the approved Preliminary plat which he proposes to record and develop at the time. The Final plat shall be submitted to the Plarr,4rtg Community Development Department within five years after City Council approval of the Preliminary plat. Said preliminary approval shall become void unless a Final plat is submitted and approved by the City. The developer shall submit a Mylar tracing and six (6) prints (or more if required) of the Final plat and other required exhibits, including a filing fee, to the Emig Community Development Department at least fourteen days prior to the meeting in which the Final plat is to be considered by the Planning Commission. The amount of the fee shall be set by Resolution of the City Council and may be amended or changed by Resolution from time to time, or as necessary. The Planning Commission shall review the Final plat to determine if the plat conforms with the Preliminary plat, the provisions of the Comprehensive Plan, the Zoning Code and other Ian use regulations, the Urban Services Ordinance, the Urban Services Standards and Guidelines and* these Subdivision Regulations and shall make its recommendation to the City Council. If the Planning Commission recommends approvesal of the Final plat, the Chairperson shall sign the Final tracing. Following the recommendation of approval of the Final plat by the Planning Commission, the Gity Planning Community Development Department shall obtain the signatures of the County Health Officer (when required by the Commission), City Clerk, City Manager, Fire Chief, Director of Public Works and Utilities, Platming Community Development Director, and City Attorney on the Final tracing and shall submit the tracing of the Final plat to the City Council for approval and signature by the Mayor. At least ten days prior to the public hearing of the City Council in which the Final plat is to be considered, the developer shall post a notice regarding said hearing in a conspicuous location on the site. Within thirty (30) days the City Council shall act upon the Final plat. The thirty (30) day limit may be extended from the date of the Final plat being filed with the Pimming Community Development Department with the consent of the applicant. The developer shall have his the Final plat recorded within thirty (30) days from the date his Final plat is approved by the City Council. After obtaining signatures of City officials and prior to thirty (30) days after recording, the developer shall obtain and give to the Community Development Department a mylar or equivalent duplicate of the Final plat. 132 -16 - 133 -17- D. APPROVAL AND REVIEW OF PRELIMINARY AND FINAL PLATS. When a proposed plat or subdivision is situated adjacent to the right-of-way of state highways, said plat or subdivision shall be submitted to the Director of Highways. Approval by the Go t missie t C4 shall be withheld until said Director or his assistant has made a report to the Gommissioift. Com. When a proposed plat, subdivision or dedication is adjacent to unincorporated territory notice of such proposed plat shall be given to the Clallam County Planning Commission. Any decision by the City Council approving or refusing to approve a plat or subdivision shall be reviewable for arbitrary, capricious or corrupt action or non -action, by petition before the Superior Court of Clallam County, by any ag 'eved property owner of the county having jurisdiction thereof . Provided, that due application for petition shall be made to such court within twenty-one days from the date of any decision so to be reviewed. (Ord. 3042 §2 (part) 1/28/00; Ord. 3007 §4, 1/15/99; Ord. 2990 §3, 5/15/98; Ord. 2880 §2 (part) 8/25/95; Ord. 2789 §12 1/1/94; Ord. 2743 §1, 1/29/93; Ord. 2719 §2, 11/13/92; Ord. 2143 §2, 5/31/81; Ord. 2034 §1, 7/16/79; Ord. 1631 §4, 11/14/67.) 16.08.060 - Standards and Policies. A. GENERAL STANDARDS. If a proposed street and/or lot pattern for any zone in Port Angeles has been made by the C4 Council or the Planning Commission, the street layout of any new plat submitted shall be in general conformance to said pattern or plan. Otherwise proposed streets in new subdivisions shall conform to the Comprehensive Plan, aftd the Urban Services Ordinance asadoromulgated consistent with and pursuant to PAMC 18.08.040 and 18 08 130, and the standards and requirements of this Chapter. No territory proposed to be subdivided shall be a part of, nor encroach upon, any area designated in the Comprehensive Plan for future public facilities. No plan for the platting, reflating, subdivision, or dedication of any area shall be approved by the City unless each lot shall abut on a dedicated, improved and maintained City street and such street shall connect directly to an existing improved street that meets current street improvement standards as set forth in the Comprehensive Plan the Urban Services Ordinance, and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130. streets shown therein are eortneeted 4ireetly to an existing improve4 publie ri� af-� street that meets emTerA street impro-vement standards at set fi3rth in the Comprehensive Plan, the Ufban Serviees Or4inmee, and the Ufba-m Serviees Standards an4 Guidelines promulgate eansistent with and pursuant to P:�AIG 18.08.0-40 atid 18.98.130 and t1tat is adequate to serve -the existing and new lots. If any existing rights-of-way abutting the propert being subdivided do not meet minimum width standards, additional right-of-way shall be required in accordance with the standards as set forth in the Comprehensive Plan. the Urban Services Ordinance and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18 08 040 and 18.08.130. Where the Comprehensive Plan or the City's official street plan indicates the necessity of a new right-of-way of a required width or portion thereof for street purposes, whether within a new plat or new subdivision, or along the boundaries of a new plat, new subdivision or new lot, such required right-of-way or portion thereof shall be dedicated to the City of Port Angeles by the filing of a plat. 133 -17- The area of a cemetery in one unit shall be not more than eighty (80) acres, which may or can be surrounded by streets and highways. If the area of a cemetery is intersected or cut b dedicated or unplanted streets the areas on opposite sides of said streets shall form and be considered separate units. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school shall be provided pursuant to RCW 58.17.060 and 58.17.110. The Planning Commission may require plats to provide areas for parks, playgrounds, open spaces, recreation facilities, schools, school grounds, , transit stops, and drainage ways.. Each proposed subdivision and the ultimate use of the land therein shall be in the interests of public health, safety and welfare, and subdivides shall be prepared to present evidence to this effect when requested by the Eeissterl Com. Restrictive covenants not contrary to existing regulations regarding the use of land, governing and binding all future owners of lots or tracts, may be shown on any plat. No Final plat of land within the force and effect of existing Zoning Regulations shall be approved unless it is conforming with such Zoning Regulations. Whenever there is a discrepancy between minimum standards or dimensions noted herein and those contained in Zoning Regulations, Building Codes, or other official Regulations, the highest standard shall apply. B. GENERAL PRINCIPLES. POLICIES. The Commission shall ensure that appropriate provision is made for: (1) the harmonious development of neighborhoods by requiring coordination of streets within subdivisions with existing or planned streets, or with other elements of the Comprehensive Plan; (2) adequate open spaces for recreation, schools, light and air; (3 distribution of population and traffic which will create conditions favorable to public health, safety and convenience. The Commission shall inquire into the public use, interest or need proposed to be served by the establishment of a subdivision. If the results of such an inquiry indicate that a subdivision will not serve the public use, interest or need, the Commission may recommend denyial approval of such subdivision. The Commission shall ensure that a subdivision is consistent with the Comprehensive Plan and Urban Services Ordinance. Land which the Commission has found to be unsuitable for subdivision due to flooding, bad drainage, steep slopes, rock formations or other feature likely to be harmful to the safety, welfare and general health of the future residents, - and the Commission considers inappropriate for subdivision, - shall not be subdivided unless adequate methods which are consistent with the City's Wetlands and Environmentally Sensitive Areas Protection Ordinances are formulated by the developer and approved by the Gity Engineer. Communi1y Development Director. C. STREETS AND R9 1. The arrangement, character, extent, width, grade and location of all reads streets shall conform with the Comprehensive Plan, ineittding the Capital Facilities Plan, the Urban Services Ordinance, and the Urban Services Standards and Guidelines, and shall be considered in their relation to existing and planned roads, to topographic conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such road* 134 -ig- 2. Where such is not shown on the Comprehensive Plan, the arrangement of streets in a subdivision shall either provide for the continuation or appropriate projection of existing major streets in the surrounding area; or shall conform to a street plan for the neighborhood, approved by the C:;entmissisn City, to meet a particular situation where topographic or other conditions make continuance or conformance to existing roftds streets impracticable. This shall also apply to cluster subdivisions. 3. If a street plan for an area has been made by the Commission City, the street layout of a proposed subdivision in such an area shall be in general conformance to the plan. 4. When a portion of a subdivider's tract is to be subdivided, a street plan for the entire tract shall be submitted to indicate how the street pattern of the plat submitted will coordinate with the entire tract when fully platted and with streets in the surrounding area. 5. Where a tract is subdivided into lots or tracts of a a __e m o"" larger in area than twice the minimum lot size, the Gewm4ssian C4 may require an arrangement of lots and streets such as to permit a later re -subdivision in conformity with the street and lot requirements specified in these Regulations. 6. Where-eer praetiea4, dead-end streets sha4l be • However, reads designed with a tttm arotmd at atte end (ett! de sae) may be used when eanditions arrarA their ttse. 68: Where a proposed subdivision abuts or contains an existing or proposed wMar-read arterial street or is adjacent to an existing or planned business, commercial or industrial district, the Gorrffnission. City may require treatment as may be necessary (1) for the adequate protection of residential properties; and (2) to afford separation of through and local traffic. 79. Where a subdivision borders or contains a railroad or limited access highway right-of-way, the Eenm4ssien City may require a road approximately parallel to and on each side of such right-of-way at a distance suitable for appropriate use of the intervening land. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. _840. Streets shall be laid out so as to intersect as nearly as possible at right angles. Acute angle intersection shall be avoided. 944. There shall be no reserve strips controlling access to roads, except where the control of such strips is definitely placed in with the City under conditions approved by the Commission. 10-1-2. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school shall be provided pursuant to RCW 58.17.060 and 58.17.110. D. BLOCKS. L The lengths, widths and shapes of blocks shall be determined with due regard to provision of adequate building sites suitable to the special needs of the type of land use contemplated, the zoning requirements as to lot area and dimensions, limitations and opportunities of the topography and other environmental constraints, ad needs for convenient access, circulation, control and safety of vehicular and pedestrian traffic, and the desired urban design of the City. 2 Where the local access streets follow a grid system. Tthe width of blocks 135 -19- shall be sufficient for two (4) tiers of lots, unless existing conditions are such, in the judgment of the Commission City, to render such requirements undesirable or impractical. 1 3. Where the local access streets follow a curvilinear system the size of blocks should follow the large rectangular area bounded by arterial streets unless future considerations are such that, in the judgment of the City. will render such allowances undesirable or impractical 4-3. For residential subdivisions.-Wwhere frontage is on an arterial, the long dimension of the block should be oriented with the in the opposite direction of traffic flow. 54. Pedestrian crosswalk -mss and sidewalks shall be required where deemed essential to provide circulation or access to schools, playgrounds and parks, shopping eetrters, areas, transpartati arterial streets and trails, and other community facilities. E. LOTS. 1. The lot area, width, depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision, for the type of development and land use contemplated, and for the type of street system planned for the area and shall conform with the requirements of the Zoning Ordinance. 2. Excessive depth in relation to width shall be avoided. No lot shall have a depth greater than twiee three times its width. 3. Corner lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets. 4. To ensure public health, convenience and safety, the subdividing of Ian shall provide, by means of a public street, each lot with satiAedirect access to an existing public street that is improved to City street standards. 5. Double frontage and reverse frontage lots shall be avoided, except where essential to provide separation of residential development frorntr�� arterial streets or to overcome specific disadvantages of topography and orientation. A planting screen easement across which there shall be no right of access shall be provided along the line of lots abutting such a tr4fre artery principal arterial street or disadvantageous use. 6. Side lot lines shall be substantially at right angles or radial to street lines and front lot lines. 7. No lot or lots for residential purposes shall be divided or sold into additional lots or building sites, without compliance with these Subdivision Regulations Title 16 PAMC. F. PUBLIC SPACES. 1. Where a proposed park, playground, school, or other public use shown in the Comprehensive Plan, including the Capital Facilities Plan, and Urban Services Ordinance is located in whole or in part in a subdivision, the Gammissio City may require the dedication or reservation of such area within the subdivision in those cases in which the Gotmnission City deems such requirement to be reasonable. 2. Where deemed essential by the Eetmissie City. upon consideration of the particular type of development proposed in the subdivision, and especially in large -seal * 136 -20- 137 -21- , subdivisions of 30 lots or more, the Gontmissiot.i. City may require the dedication or reservation of such areas or sites of a character, extent and location suitable to the needs created by such 4evelopmeii large subdivisions for schools, parks and other neighborhood purposes. 3. Due regard shall be shown for the preservation of outstanding natural and cultural features such as scenic spots, water courses, and historic sites, consistent with the Comprehensive Plan, the Wetlands Protection Ordinance, and the Environmentally Sensitive Areas Protection Ordinance. G. EASEMENTS. 1. Utility easements shall be provided, centered on front, rear, or side lot lines, where possible. 2. Where a subdivision is traversed by a water course, drainage way, channel, or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water course, and such further width or construction, or both, as will be adequate for the purpose. Parallel roads or parkways may be required in connection therewith. H. STREET LIGHTING. Street lighting installations shall be located in reference to the dimensions of full grown trees and in accordance with the determinations and standards of the Gity Engineer Public Works & Utilities Department. I. DIMENSIONAL STANDARDS. . Variations from and exceptions to the following standards may be made by the Comte City, where topographic or other existing conditions make adherence to these Regulations impractical. J. STREET IMPROVEMENTS. Street Improvements shall be provided in accordance with the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130. K. BLOCKS. 1. Maximum length of all blocks shall be approximately twelve hundred (1200) feet. 2. Minimum length of all blocks shall be approximately five hundred (500) feet. 3. Crosswalk ways shaH may be required near the middle of all blocks longer than approximately eight hundred (800) feet. 4. Minimum width of all blocks with two tiers of lots (plus width of alley, if any), shall be two three hundred (240)300 feet. L. LOTS. 1. The minimum width, depth, area and setback dimensions of all lots in proposed subdivisions shall conform with City Zoning Regulations. If any dimension in a plat =roved by the City is more restrictive than the said Regulations, then the most restrictive dimension shall apply. M. BUILDING LINE SETBACK. 1. The building line setback from the property lines of all lots shall be indicated by a dashed line on all plats. 2. Required setbacks are a minimum, not a uniform standard. Varied setbacks along a street help avoid a monotonous barracks appearance. 137 -21- N. STANDARD PIPE SIZE. The size of water, sanitary and storm sewer, and storm drainage pipes shall bo as set forth in the Comprehensive Plan and Urban Services Ordinance, the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130. O. PROCEDURE FOR REIMBURSEMENT Procedures for reimbursement shall be the same as that set forth in Section 13.68.140 PAMC. P. SIGNAGE One (1) free standing sign no larger than twenty-four (24) square feet in area shall be permitted for identification of the subdivision. The sign shall be placed in a locatedion in conformance with the development standards of a particular zone. (Ord. 3042 §2 (part) 1/28/00; Ord. 2977 §2,12/26/97; Ord. 2948 §3 (part) 2/14/97; Ord. 2880 §2 (part) 8/25/95; Ord. 2795 §1, 2/11/94; Ord. 2743 §2, 1/29/93; Ord. #2732 §16, 12/25/92; Ord. #1881 §1, 6/23/76; Ord. #1631 §5, 11/14/67) 16 08.070 - Requirements for Acceptance of Plats. A. DATA REQUIRED FOR APPROVAL OF PRELIMINARY PLAT. The preliminary plat shall be at a scale of not less than two hundred (200) feet to one (1) inch. Data required for the preliminary plat shall include the following information, unless otherwise specified by the City=Eirgineett: 1. Location, width and purpose of all easements, existing and proposed. 2. Name and right-of-way widths of all existing and proposed streets on or adjacent to the proposed subdivision. 0 3. Approximate location and size of all utilities (water mains, sewers, etc.) on an adjacent to the proposed subdivision. 4. Contours, based on City adopted vertical datum, shall have intervals of not more than 5 feet for slopes of 10% or more and not more than two feet for slopes of 10% or less. 5. Locations of and results of tests made to ascertain subsurface soil, rock, and ground water conditions, when required by the City Engineer. 6. Approximate locations of water courses, marshes, rock outcrops, wooded areas, natural retention areas, direction of drainage, culverts, houses, all non-residential land uses and all other significant features on and adjacent to the proposed subdivision. 7. Zoning on and adjacent to the proposed subdivision. 8. All highways or other major improvements planned by public authorities for future construction on or near the proposed subdivision. 9. A vicinity sketch showing relation of the proposed subdivision to the surrounding area with regard to major improvements. 10. The legal description of the tract to be platted, title under which the proposed subdivision is to be recorded, names and addresses of the owners, date, scale, north arrow. 11. The legal description of the proposed lots. 12. Ownership of unsubdivided land adjacent to the proposed subdivision and names of adjoining existing plats. 13. The required building setbacks and any existing buildings and/or major structures shall be shown for each proposed lot as well as their distances from property lines. 0 138 -22- 14. Identification of each lot and each block. 15. Approximate square footage and scaled dimensions of each lot. 16. Summary of site data, including total acreage, acreage in residential use, acreage in streets, and number of acres in parks and other non-residential land uses. 17. Environmental Checklist with filing fee. 18. Shoreline and Wetland permit applications and Environmentally Sensitive Areas Protection Ordinance compliance (when required). 19. Affidavits of posting and publication. B. SUBDIVISION IMPROVEMENTS REQUIRED. All roadw street and utility improvements must be designed to comply with the current APWA standards and as specified by the City Engineer and with the Comprehensive Plan, the Urban Services Ordinance, and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130. Plans and specifications for roadw street and utility improvements must be approved by the City Engineer prior to the beginning of construction. Minimum improvements shall be as follows: C. STREETS AND RE) 1. The entire right-of-way shall be cleared and grubbed of all objectionable materials. Trees approved bythe City for preservation shall be identified. 2. Streets shall be graded and improved with paving, curbs and gutters, drainage and sidewalks according to the approved plans and roadway section. 3. Street lights shall be installed as specified by the City Engineer. 4. Street name signs shall be provided and installed by the City at cost to the developer. 5. Permanent monuments shall be installed, and each lot shall be staked. D. UTILITIES. A water distribution system, storm drainage system, electrical distribution system and a sanitary sewage disposal system shall be designed and installed in accordance with the Comprehensive Plans aril theUrban Services Ordinance, development stwtdards and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130. E. PARKS. Parks and recreation shall be provided consistent with the Comprehensive Plan, an -the Urban Services Ordinance, and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130. F. RECOMMENDED IMPROVEMENTS. 1. Street Trees. Street trees are a protection against excessive heat and glare and enhance the attractiveness and value of abutting property. The City will assist the subdivider in. location of trees and species to use under varying conditions. It is recommended that trees be planted inside the property lines where they are less subject to injury, decrease the chance of motor accidents and enjoy more favorable conditions for growth. If trees are to be planted within a planting strip in the right-of-way, their proposed locations and species to be used are to be submitted for review and approval by the City. G. REQUIRED DATA FOR APPROVAL OF FINAL PLAT. The final plat shall be an eighteen (18) inch by twenty-four (24) inch permanent reproducible, and shall be at a scale of not less than two hundred (200) feet to one (1) inch. A reduced copy no larger than 11" x 17" shall be submitted with the final prints. For large subdivisions, the plat may be on several sheets, accompanied by an index sheet showing the entire subdivision. The final plat shall be accompanied 139 -21- by a report containing accurate square footage and dimensions of each lot and block and the coordinates of each monument; a title report; and shall include a warranty that all assessments i* favor of the City have been paid. The final plat and survey shall be based on the Washington Coordinate System, North Zone, as adopted by the City. The final plat shall show the following: 1. A minimum of two permanent plat control monuments with coordinates, to which all dimensions, bearings, azimuths and similar data on the plat shall be referred. 2. Permanent monuments at all corners. 3. Subdivision boundary lines, right-of-way lines, easements, lot lines with accurate dimensions, bearings or azimuths, radii, central angles, and lengths of all curves. 4. Name and right-of-way width of each street. Any street not dedicated to the public must be so marked on the face of the plat (RCW 58.17.165). 5. Location, dimensions and purpose of all easements. 6. Identification of each lot and block with addresses shown on the lots. 7. The required building setbacks and any existing buildings and/or major structures shall be shown for each proposed lot as well as their distances from property lines. 8. Purpose for which sites, other than residential, are dedicated to the public or reserved for future development. 9. The required building setbacks on each proposed lot. 10. Location and description of all monuments. 11. The title under which the subdivision is to be recorded, true north and grid north arrows, scale, and legend. 12. Legal description of the land to be platted; 13 The legal description of the proposed lots 14. Certification by registered land surveyor as to the accuracy of plat anle survey. 15. Certificate by owner(s) containing the legal description of the land to be platted and dedicating roads, rights-of-way, easements and any sites for public purposes. 16. Certification of approval by: (a) the Planning Commission; (b) Director of Public Works and Utilities; (c) Health Department (when required); (d) City Council; (e) City Manager, City Clerk, Fire Chief, Planning Community Development Director, and City Attorney. 17. Certification by the County Treasurer that all state and county taxes levied against the land to be subdivided have been paid in full 18. Certification of filing by County Auditor. 19. If improvements are to be bonded deferred rather than actually installed prior to final plat approval, the plat shall show a notation as follows: "No occupancy of dwelling units will be allowed until all roadway and utility improvements have been completed and approved by the City Engineer." (Ord. 3042 §2 (part) 1/28/00; Ord. 2948 §3 (part) 2/14/97; Ord. 2909 §3, 3/29/96; Ord. 2880 §2, 8/25/95; Ord. 2743 §3, 1/29/93; Ord. 2045 §1, 10/27/79; Ord. 1966 §2, 4/29/78; Ord. 1631 §6,11/14/67.) 16.08.080 - Variances and Modifications. Where the r_W._,.:..sie or the G..___-:, QAY finds that extraordinary hardship may result from strict compliance with these Regulations, it may vary the Regulations so that substantial justice may be done and the public interest secured; provided that such variance will not have the effect of nullifying the intent and purpose of the Comprehensive Plan or these Regulations. The standards and requirements of these Regulations may be modified by th Gon -..:ssia.. r.. .....C4 the r..... a C4 through a Planned Residential Development which in the judgmer 140 -24- of the Commission or the Council will provide adequate public spaces and improvements for the circulation, recreation, light, air and service needs of the tract when fully developed and populated, and which also will provide such covenants or other legal provisions as will assure conformity with and achievement of the plan. In granting variances and modifications, the Gonvni s o_ or tile Gomei4 City may require such conditions as; in its judgment, will secure substantially the objectives of the standards or requirements so varied or modified. (Ord. 2880 §2, 8/25/95; Ord. 1631 §7, 11/14/67.) 16.08.090 - Validity. Should any section, subsection, paragraph, sentence, clause or phrase of these Regulations be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of these Regulations. (Ord. 2880 §2, 8/25/95; Ord. 1631 §8,11/14/67.) 16 08 095 - Agreements to transfer land conditioned on final plat approval — Authorized. If performance of an offer or agreement to sell lease, or otherwise transfer a lot, tract, or parcel of land following Vreliminary plat approval is expressly conditioned on the recording of the final plat containing the lot tractor parcel under this Chapter, the offer or agreement is not subject to PAMC 16.08. 100 and does not violate my provision of this Chapter. All payments on account of an offer or agreement conditioned as provided in this Section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final plat is recorded. 16.08. 100 - Enforcement and Penalties. Within any twelve-month period of time, any person, firm or corporation that has platted, subdivided or divided any parcel of land or property in two (2) or more lots or tracts, each of which is five (5) acres or less in area, for the purpose of providing building sites, and has failed to comply with the provisions of these Regulations, shall be subject to a fine not to exceed one hundred ($100.00) dollars for each lot or tract, or imprisonment in jail for a period not to exceed thirty (3 0) days, or both. Any person, firm or corporation who agrees to transfer, sell or option to sell any lot or tract by reference to a plat or map of a subdivision or division, before such plat has been filed for record in the office of the County Auditor, shall pay a penalty of one hundred ($100.00) dollars for each lot or tract transferred, sold, or optioned to be sold. Description of such lots or tracts by metes and bounds in the instrument of transfer shall not exempt the transaction from such penalty. The Community Development Department shall refer violations to the City Attorney for appropriate action to enforce these penalties. (Ord. 2880 §2, 8/25/95; Ord. 1631 §9, 11/14/67.) 16.08.110 - Plat Occupancy. If the developer of a plat elects to bend assign savings or rovide other secuntv-or trust approved by the City and thereby assure that the installation of the required improvements for final plat approval will be done to the satisfaction and approval of the City Engineer, building permits for the construction of houses within the plat will be issued subject to the following conditions: 1. The final plat must have received all required approvals and be recorded with the County Auditor. 141 - 25 - encouraged to meet with representatives of the Plattitin Community Development Department, Public Works & Utilities Department, Fire Department, and Parks Department. The City* representatives and the applicant may discuss the general goals and objectives of the proposal, overall design possibilities, general character of the site, potential environmental constraints, and standards of development. The focus of the meeting shall be general in nature and none of the discussions shall be interpreted as a commitment by the City or the applicant. B. Review of proposals under five (5) acres in size shall be done administratively by the Plwming Communis Development Department. Review of proposals exceeding five (5) acres in size shall be done by the Planning Commission following a public hearing. C. Public notice shall be provided as follows: 1. At least fifteen (15) days prior to the date of the public hearing, the applicant shall cause notice of the time, place and purpose of the hearing to be posted on the site in a conspicuous manner in the form of a brightly colored notice on a self -standing sign as provided by the Platming CommunitX Development Department or in such other form as the Plamiin Community Development Department may direct. The applicant shall file with the PlarrAng Community Development Department an affidavit that such posting has been accomplished and that the applicant shall assume full responsibility for return or replacement, in the case of damage. Consideration will be given in the case of vandalism beyond the applicant's control. 2. At least fifteen (15) days prior to the date of the public hearing, the Piaitnitt CommunAy Development Department shall cause notice of the time, place and purpose of the hearing to be mailed to the latest recorded real property owners within at least 300 feet of the boundary of the site as shown by the records of the County Assessor. The applicant shall provide the PifftrAn Community Development Department with mailing labels for each such property owner D. An environmental determination shall be rendered by the SEPA Responsible Official prior to final action on the preliminary BSIP application. (Ord. 3003 §1 (part), 12/25/98) 16.10.040 Standards and Criteria. Prior to approval of a BSIP, the following standards and criteria shall be met: A. Water supply and fire protection facilities must be adequate to serve the BSIP and comply with the City's Comprehensive Plan, and the Urban Services Ordinance, Viand the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130. B. Necessary drainage ways or storm drain facilities must be adequate to serve the BSIP as set forth in the Comprehensive Plan and Urban Services Ordinance development standards. C. Appropriate access to all anticipated uses within the site shall be available. D. Monumentation of all exterior tract corners shall be completed. E. The provision and dedication of streets and rights-of-way must be adequate to serve the BSIP and comply with PAMC 16.04.070 and with the Comprehensive Plan and Urban Services Ordinance, developmefA standardand the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130. F. The BSIP lot arrangement, configuration, and size must comply with the policies of the Comprehensive Plan and further the attainment of the goals, policies, and objectives of the Comprehensive Plan. The proposed lots must comply with the requirements of the Zoning Code, Title 17 PAMC, as now enacted or hereafter amended, and PAMC 16.04.070. 0 144 - 28- G. The BSIP must be compatible with existing and planned development of the surrounding area. H. The site must be zoned commercial or industrial and must be integrated, as defined in PAMC 16.10.015. L Appropriate easements and maintenance agreements for shared facilities, including but not limited to, circulation, parking, utilities and landscaping must be provided. J. When taken as a whole and not considering any interior lot or leasehold lines, the integrated site must meet all zoning and subdivision requirements. K. Modifications to the minimum zoning standards for individual lots located within the integrated site, including setbacks, parking, landscaping, lot area, lot coverage, and lot dimension shall not be detrimental to the public health, safety and welfare, and shall not adversely affect the rest of the integrated site or other properties in the vicinity. L. Common improvements necessary to serve any particular phase of development must be sufficient for meeting the zoning and subdivision requirements for that phase. M. Access to the integrated site must meet the subdivision ordinance standards. Access within the site must provide for safe and efficient circulation and must meet Fire Department access requirements. N. The circulation system must incorporate appropriate provisions and provide sufficient area for safe pedestrian activity to the site from the street and from building to building within the site. O. Sign regulations shall be applied to the integrated site as a whole. For example, the number of freestanding signs. allowed shall be based upon the BSIP as a site. Individual ownerships within the integrated site shall not be considered separate sites in determining the number of freestanding signs allowed. P. Landscaping design standards shall be maintained as required in the underlying zoning development standards. Q. Land clearing/grading shall be performed in compliance with the City's Clearing/Grading/Filling Ordinances. Land that contains environmentally sensitive and critical areas shall only be developed under the City's regulations for development in those areas. R. Each proposed BSIP and the ultimate use of the land therein shall be in the interests of the public health, safety, and welfare, and applicants shall present evidence to this effect when requested. S. Whenever there is a discrepancy between minimum standards or dimensions noted herein and those contained in Zoning Regulations, Building Codes, or other official Regulations, the more restrictive standard shall apply. T. A description of the facilities shared by the development complex of mixed commercial and/or industrial businesses shall be provided and the system of common management of those facilities shall be described on the face of the final mylar. (Ord. 3003 § 1 (part), 12/25/98) 16 10.050 Preliminary Approval A. The Pg Community Development Director or Planning Commission shall approve, approve with conditions, or deny the BSIP within the time requirements of Chapter 18.02 PAMC. Said preliminary decision shall be in writing and shall set forth findings of fact supporting the decision. B. Preliminary approval or approval with conditions shall authorize the applicant 145 - 29 - to proceed with preparation of the final BSIP. (Ord. 3003 §1 (part), 12/25/98) 16.10.060 Final Approval. 0 A. Prior to final approval, a survey shall be performed by a licensed surveyor who shall submit a mylar to the Pl&nming Community Development Department for recordation. The mylar shall be prepared to acceptable survey standards and shall contain the information required in the preliminary drawing. The Mylar shall also contain the required official recording block and signatures of the Gity Platming Community Development Director, Gty Public Works & Utilities Director, Gity Fire Chief, and the property owner. For those applications that require review by the Planning Commission, provision will be made for the signature of the Chair of the Planning Commission. The survey and plan shall be consistent with the conditions of preliminary approval. B. Once the -PlardAng Community Development Department determines the survey, plan, and any other documents for recording are consistent with the preliminary approval, it will be reviewed by the appropriate City departments and signed by the appropriate City officials. C. After being certified for filing by the City, the BSIP survey shall be filed by the applicant with the Clallam County Auditor's Office. The applicant shall pay all costs associated with the filing. The BSIP is not considered final until a copy of the recorded document is returned to the City of Port Angeles Pigg Community Development Department for record keeping purposes. D. Upon final approval by the city, all developments shall conform to the BSIP unless an amendment is approved by the City. (Ord. 3003 §1 (part), 12/25/98) 16.05.070 Installation of Improvements. Prior to the issuance of a building permit for construction within a binding site improvement plan, all improvements required to adequately service that portion of the BSIP for which the building permit will be issued shall be installed. Approval for improvements and finalization of specific individual commercial or industrial lots shall be done administratively. (Ord. 3003 §1 (part), 12/25/98) 16.05.080 Time Limitations. If no specific BSIP has been approved within five (5) years of the date of preliminary approval, preliminary approval will expire. The applicant may obtain extension of the BSIP not to exceed two (2) years by filing a written request with the Community Development Department prior to the expiration of the five (5) year period. (Ord. 3003 §1 (part), 12/25/98) 16.10.090 Revisions. Alteration of an approved and recorded BSIP shall be accomplished by application to the PlarAting Community Development Department and shall be subject to all procedures and requirements established in this Chapter. (Ord. 3003 §1 (part), 12/25/98) 16.10.100 Appeals. A. Any person aggrieved by the decision of the P! g Community Development Director or the Planning Commission may appeal the decision to the City Council. B. Appeals shall be submitted to the�g Community Development Department in writing within fourteen (14) days following the date of mailing of the decision to the applicant and shall be accompanied by the required fee as set forth in Chapter 3.70 PAMC. C. The City Council shall hear the appeal, and may uphold, reverse, or modify the decision and shall set forth written findings of fact. (Ord. 3003 §1 (part), 12/25/98) 16. 10.110 Enforcement. All provisions, conditions, and requirements of the BSIP shall be legally enforceable against the purchaser or any other person acquiring a lease or other ownership interest of any lot parcel, or tract created pursuant to the BSIP. Any sale, transfer, or lease of any lot or parcel created pursuant to the BSIP that does not conform to the requirements of the BSIP or without binding site plan approval shall be considered a violation of Chapter 58.17 RCW, shall be subject to being restrained by injunctive action and be illegal as provided in Chapter 58.17 RCW, and shall be subject to the general penalty set forth in PAMC 1.24.010. (Ord. 3003 §1 (part), 12/25/98) Section 4. Ordinance 2669 as amended and Title 16 of the Port Angeles Municipal Code 146 -30- are hereby amended by amending Chapter 16.12 PAMC to read as follows: 0 Sections: CHAPTER 16.12 BOUNDARY LINE ADJUSTMENTS 16.12.010 Purpose and Intent. 16.12.020 Authority. 16.12.030 Definition. 16.12.040 Scope. 16.12.050 Application. 16.12.060 Plarming Community Development Department Decision. 16.12.070 Recording. 16.12.080 Appeals. 16.12.010 - Purpose and Intent. The purpose of this Chapter is to establish procedures for the approval of boundary line adjustments in order to ensure that such divisions of land are accomplished in an orderly manner, with proper records, and in compliance with applicable laws. (Ord. 2669 §1 (part), 1/17/92.) 16.12.020 - Authority. This Chapter is adopted pursuant to the authority of Chapter 58.17 RCW, RCW 35A.63.100(3), and the police power granted the City of Port Angeles by the Constitution and laws of the State of Washington. (Ord. 2669 §1 (part), 1/17/92.) 16.12.030 - Definition. A boundary line adjustment is defined as a division of land made for the purpose of alteration by adjusting boundary lines, between planned or unplanted lots or both, which does not create any additional lot, tract, parcel, site, or division, nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site. (Ord. 2669 §1 (part), 1/17/92.) 16.12.040 - Scope. The submittal of boundary line adjustment applications for City approval under this Chapter shall be at the option of the affected property owners. If property owners request City approval of boundary line adjustments, said approval shall be consistent with this Chapter. (Ord. 2669 §1 (part), 1/17/92.) 16.12.050 -Application. Application for a boundary line adjustment shall be made to the Planning Community Development Department. The application form shall be made available at the Pg Community Development Department. The application shall include the signatures of all property owners affected by the adjustment. In addition, an 18" x 22" drawing, drawn to scale, shall be provided with the following information: A. Existing and adjusted property lines shown as solid lines; 147 -31 - B. Distance between existing and adjusted line(s); C. Dimensions of all property lines before and after adjustment; 0 D. Location of all existing buildings, with nearest distance between each building and all existing and proposed property lines; E. Legal description of property (existing and proposed); F. Location of existing and proposed easements that are in favor of a public entity; G. The location of public and private streets. (Ord. 2669 § 1 (part), 1/17/92.) 16.12.060 - Pj2nni= Community Development Department Decision. The Platming Community Development Department's decision shall be based on whether or not the proposed boundary line adjustment meets the following standards: A. The boundary line adjustment does not create any additional new lots; B. The boundary line adjustment does not create any lot which does not meet the minimum lot width and area standards for the zone district in which it is located; C. The boundary line adjustment does not increase the degree of nonconformance of structures with respect to zoning standards; D. The boundary line adjustment makes provision for all necessary utility easements; E. The adjusted lots meet the requirements of the Short Plat Ordinance, Chapter 16.04 PAMC, with respect to configuration and access to public streets; or if the existing lots do not meet these requirements, the adjusted lots shall not increase the degree of nonconformity. The Plam-,4ng Community Development Department shall take action on the request within twenty (20) working days from when the application is deemed complete. The applicant shall be notified in writing of the action. (Ord. 2669 §1 (part), 1/17/92.) 0 16.12.070 - Recording. A. A survey shall be prepared and recorded with the County Auditor's Office on an 18" x 22" reproducible mylar. The mylar shall show property lines and dimensions, showing the new corners as staked on the ground, building locations, location of easements, and public and private streets. The mylar shall also contain signatures of all property owners and signature blocks for the Plawtittg Community Development Director and Public Works & Utilities Director. A copy of the recorded survey shall be provided to the Planning Department. B. In order to ensure that the adjustment does not create an additional lot, the following wording shall be included on each deed filed as part of the adjustment: "This conveyance is for the purpose of accomplishing a boundary line adjustment pursuant to RCW 58.17.040(6). It shall not create any additional lots, tracets, parcels, or division. Rather, the land described herein shall merge or be integrated into abutting property presently owned by the grantee(s)." (Ord. 2948 §4 2/14/97; Ord. 2669 §1 (part), 1/17/92.) 16.12.080 -Appeals. A. Any person aggrieved by the Decision of the Plannin Community Development Director under Seetion PAMC 16.12.050 may appeal the decision to the Planning Commission. 148 -12- B. Appeals shall be submitted to the Platming Community Development Department in writing within thirty (30) days following the date of mailing the decision to the application. C. The Planning Commission shall hear the appeal at its next possible public meeting and hereupon make a recommendation to the City Council to uphold, reverse, or modify the decision, based upon the compliance of the boundary line adjustment with the requirements of this Chapter. Such recommendation shall include written findings of fact. D. The City Council, at its next possible public meeting following receipt of the Planning Commission's recommendations, may adopt, reverse, or modify the Planning Commission's recommendations and shall set forth written findings of fact. (Ord. 2669 §1 (part), 1/17/92.) Section 5 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 6 - Effective Date. This Ordinance shall take effect five days following the date of its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of September, 2002. ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney PUBLISHED: By Summary G:\EXCHANGE\CLERK\2002-15.ordarnend.wpd August 16, 2002 • 149- 33- MAYOR • IE 0 150 1] • • ATTACHMENT E ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending the City's Zoning Code by adding to the purposes of the Zoning Code, by identifying what development should take place in each zone to accomplish the desired urban design of the City and to reduce conflicts - between adjacent land uses, and by adding definitions for special uses, and amending Ordinance 1709 as amended and Title 17 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 amending Chapter 17.01 PAMC to read as follows: ZONING Chapters: 17.01 Purpose and Scone 17.03 Establishing Mapped Zones and Regulations 17.08 Rules and Definitions 17.10 RS -7 - Residential. Single Family (7.000 sq. ft.) 17.11 RS -9 - Residential, Single Family (9,000 sq. ft.) 17.13 RTP - Residential Trailer Park 17.14 RMD - Residential, Medium Density 17.15 RHD - Residential, High Density 17.17 Home Occupations rendition.' TT-_ Permit 17.18 Bed and Breakfast Goad `iona TT Permit 17.19 PRD - Planned Residential Development Overlay Zone 17.20 CO - Commercial, Office 17.21 CN - Commercial. Neighborhood 17.22 CSD - Community Shopping District 17.23 CA - Commercial. Arterial 17.24 CBD - Central Business District 17.26 Retail Stand r__4itio ..' TT__ Permit 17.30 IP - Industrial Park 17.32 IL Industrial, Light 17.34 IH - Industrial. Heavy 17.35 Wrecking Yards Junk Yards Conditional Use Permit 17.40 PBP - Public Buildings and Parks 17.42 FL - Forest Lands 17.50 Adult Entertainment Uses 17.52 Wireless Telecommunications Towers and Facilities. 17.94 General Provisions, Conditions and Exceptions 17.95 Special Provisions 17.96 Administration and Enforcement Sections: CHAPTER 17.01 PURPOSE AND SCOPE 17.01.010 Purpose. 17.01.010 Purpose. This comprehensive Ordinance is adopted for the following purposes: A. To implement the requirements of the State Growth Management Act of 1990 through the goals, policies, and objectives of the Port Angeles Comprehensive Plan by dividing the City into zones restricting and regulating therein the location, construction, reconstruction; alteration, and use of buildings, structures and land for residential, business, commercial, manufacturing, public, and other specified uses. (Ord. 2861 §1 (part), 3/17/95; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70.) B. To protect the character and maintain the stability of residential, commercial,'` manufacturing, and public areas within the City, and to promote the orderly and appropriate development of such areas. (Ord. 2861 § 1 (part), 3/17/95; Ord. 2668 § 1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) C. To regulate the intensity of use of lots and parcels of land, and to determine the spaces surrounding buildings necessary to provide adequate light, air, privacy, and access to property. (Ord. 2861 §1 (part), 3/17/95; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) D. To sustain natural landscapes, corridors, and habitats for fish and wildlife and to provide relief from the urban landscape within the community through the designation of open space areas. (Ord. 2861 §1 (part), 3/17/95) E. To limit congestion in the public streets and to protect the public health, safety, convenience, and general welfare by providing for off-street parking of motor vehicles, the loading and unloading of commercial vehicles, public transit access, and pedestrian safety. (Ord. 2861 § 1 (part), 3/17/95; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) F. To establish building lines and the location of buildings designed for residential, commercial, manufacturing, public, or other uses within such lines. (Ord. 2861 §1 (part), 3/17/95; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) G. To prevent the overcrowding of land and undue concentration of structures and to preserve existing unusual, unique, and interesting features of the natural landscape so far as is possible and appropriate in each zone by regulating the use and the bulk of buildings in relation to the land surrounding them. (Ord. 2861 § 1 (part), 3/17/95; Ord. 2668 § 1 (part), 1/17/92; Ord. 1709 § 1 (part), 12/22/70) 152 -2- H. To provide protection from fire, explosion, noxious fumes, and other hazards and to maintain the quality of life in the interest of public health, safety, comfort, and general welfare by establishing minimum level of service standards throughout the City. (Ord. 2861 §1 (part), 3/17/95; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) L To prevent such additions to, and alteration or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder. (Ord. 2861 § 1 (part), 3/17/95; Ord. 2668 § 1 (part), 1/17/92; Ord. 1709 § 1 (part), 12/22/70) J. To prohibit uses, buildings, or structures which are incompatible with the character of the permitted uses within specified zones. (Ord. 2861 § 1 (part), 3/17/95; Ord. 2668 § 1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) K. To conserve the taxable value of land and buildings throughout the City. (Ord. 2861 § 1 (part), 3/17/95; Ord. 2668 § 1 (part), 1/17/92; Ord. 1709 § 1 (part), 12/22/70) L. To encourage the preservation of historic or culturally significant sites and structures throughout the City. (Ord. 2861 §1 (part), 3/17/95) M. To define and to limit the powers and duties of the administrative officers and bodies as provided herein and to protect the private property rights of landowners from arbitrary, capricious, and discriminatory actions. (Ord. 2861 §1 (part), 3/17/95; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) N. To improve the variety, quality, availability, and affordability of the housing opportunities in the City. (Ord. 2861 §1 (part), 3/17/95) O. To avoid or mitigate significant adverse impacts such as hazardous materials, air and water pollution, noise. traffic, outside storage, large structures, and public safety problems which can be associated with specific land uses and thereby reduce conflicts between adjacent land uses. P. To identify what development should take place in each zone to accomplish the desired urban design as defined by the City's land use planning_ policies and regulations. QO. Zoning Intentions: 1. RS -7 Zone - This is a low density residential zone intended to create and preserve urban single family residential neighborhoods consisting of predominantly single family homes on standard Townsite-size lots. Uses which are compatible with and functionally related to a single family residential environment may also be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides the basic urban land use pattern for the City's single family residential neighborhoods, following a standard rectangular streetrg id system of 60 -foot rights-of- way ihtg s -of way for local access streets and 300 -foot by 500 -foot blocks with 50 -foot by 140 -foot lots and usually located in areas that are largely, developed and closer to the center of the City. (Ord. 2861 §1 (part), 3/17/95; Ord. 2668 §1 (part), 1/17/92; Ord. 2385 §1 (part), 3/28/86 Ord. 1709 §1 (part), 12/22/70) 2. RS -9 Zone - This is a low density residential zone intended to create and preserve urban single family residential neighborhoods consisting of predominantly single family homes on larger than standard Townsite-size lots. Uses that are compatible with and functionally related to a single family residential environment may be located in this zone. Because of land use impacts associated with nonresidential uses. few nonresidential uses are allowed in this zone and then only conditionally. This zone provides for a variety in the urban land use pattern for the City's single family residential neighborhoods, following a curvilinear street system of nonthrough public and private streets with irregular shaped lots. minimum 75 -foot front lot lines, and 60 -foot 153 -3- outlying areas with large tracts of vacant buildable land.(Ord. 2861 §1 (part), 3/17/95; Ord. 2668 § 1 (part), 1/17/92; Ord. 2385 § 1 (part), 3/28/86; Ord. 1709 § 1 (part), 12/22/70) 3. RTP Zone - This is a medium density residential zone intended for mobile home occupancies, and the area is regarded as essentially residential in character. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides the basic urban land use pattern for the City's small lot, single family, mobile home parks, followingan n irregular urban land use pattern of private access roads and minimum 3500 square foot lots. (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70)) 4. RMD Zone - This is a medium density residential zone, which allows a mix of single family, duplexes and apartments at a density greater than single family neighborhoods but less than the RHD Zone. The permitted uses in the RMD Zone are also intended to be more restrictive than the RHD Zone. Commercial uses are not considered to be compatible. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides for a variety in the urban land use pattern for the City's lower density multi-family residential neighborhoods (at twice the density of the City's basic single family residential neighborhoods) with direct access on an arterial street, usually located in outlying areas with large tracts of vacant buildable land, and serving as a transitional use between low density residential uses and commercial/industrial uses. (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92) 5. RHD Zone - This is a high density residential zone for multi-family structures. Compatible uses may be allowed on Conditional Use Permits, but the zone is stile regarded as a residential area, where commercial enterprises are not generally felt to be compatible. Few nonresidential uses are allowed in this zone and then only conditionally. because of land use impacts associated with nonresidential uses. This zone provides the basic urban land use pattern for the City's higher density multi-family residential neighborhoods (at seven times the density of the City's basic single family residential neighborhoods), following a standard rectangular street grid system of 60-foot rights-of-way for local access streets and 300-foot by 500-foot blocks and usually located in areas that are largely developed and closer to the center of the City. (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) 6. PRD Overlay Zone - This overlay zone is to provide alternative zoning regulations which permit and encourage design flexibility, conservation and protection of natural critical areas, and innovation in residential developments to those regulations found in the underlying zone. It is intended that a Planned Residential Development will result in a residential environment of higher quality than traditional lot-by-lot development by use of a design process which includes within the site design all the components of a residential neighborhood, such as open space, circulation, building types, and natural features, in a manner consonant with the public health, safety, and welfare. It is also intended that a Planned Residential Development may combine a number of land use decisions such as conditional use permits, rezones, and subdivisions into a single project review process to encourage timely public hearings and decisions and to provide for more open space and transitional housing densities than is required or may be permitted between single family and multi-family zones. The consolidation of permit reviews does not exempt applicant(s) from meetin 154 -4- 155 -5- the regulations and submitting the fees and applications normally required for the underlying permit processes. Few nonresidential uses are allowed in this overlay zone and then only conditionally because of land use impacts associated with nonresidential uses. This overlay zone provides for the opportunity to create self-contained residential neighborhoods with a variety of housing choices without following a standard system of public streets and lot design and with allowances for mixed use, residential and commercial developments not usually_ permitted in residential zones (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2657 §1 (part), 12/13/91; Ord. 2038 §1 (part), 7/29/79) 7. CO Zone - This is a commercial zone intended for those business, office, administrative, or professional uses which do not involve the retail sale of goods, but rather provide a service to clients, the provision of which does not create high traffic volumes, involve extended hours of operation, or contain impacts that would be detrimental to adjacent residential areas. Commercial uses that are largely devoid of any impacts detrimental to single family residential uses are allowed This zone provides the basic urban land use pattern for small lot transitional uses between residential neighborhoods and commercial districts with direct access on an arterial street and design standards compatible with residential development. (Ord. 2861 § 1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2109 §2, 12/7/80) 8. CN Zone - This is a commercial zone intended to create and preserve areas for businesses which are of the type providing the goods and services for the day-to-day needs of the surrounding residential neighborhoods. Businesses in this zone shall occur on sites no larger than one acre and shall be located and designed to encourage both pedestrian and vehicular access and to be compatible with adjacent residential neighborhoods. Commercial uses that are largely devoid of any impacts detrimental to multiple family residential uses are allowed: gasoline service islands are conditionally permitted uses. This zone provides for a variety in the urban land use pattern for small commercial districts serving individual residential neighborhoods with direct access on an arterial street and design standards compatible with residential development (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2553 1, 12/2/89) 9. CSD Zone - This is a commercial zone oriented primarily to those businesses serving the daily needs of the surrounding residential neighborhoods but is slightly less restrictive than the CN zone and as such provides a transition area from the most restrictive commercial zones to those of lesser restrictions. Businesses in this zone may occur on sites of varying sizes and shall be located at the intersections of arterial streets of sufficient size to satisfy traffic demand. and at the boundaries of neighborhoods so that more than one neighborhood may be served. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed Service stations with 1etroleum products are permitted uses This zone provides the basic urban land use pattern for large lot. commercial uses serving much of the City with direct access on an arterial street and design standards for greater automobile and truck traffic. (Ord. 2861 §1 (part), 3/17/95; Ord. 2797 §2, 2/11/94, Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) 10. CA Zone - This is a commercial zone intended to create and preserve areas for business serving the entire City and needing an arterial location because of the nature of the business or intensity of traffic generated by the business. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Service stations with petroleum products and dry cleaning shops with hazardous materials are permitted uses. This zone provides 155 -5- the basic urban land use pattern for automobile oriented, commercial uses with direct access on a principal arterial street and design standards for greater automobile and truck traffic. (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2293 §1 (part),W 4/4/84) 11. CBD Zone - This is a commercial zone intended to strengthen and preserve the area commonly known as the Downtown for major retail, service, financial, and other commercial operations that serve the entire community, the regional market, and tourists. It is further the purpose of this zone to establish standards to improve pedestrian access and amenities and to increase public enjoyment of the shoreline. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Gasoline service islands and marine fueling stations are conditionally permitted uses This zone provides the basic urban land use pattern for high density pedestrian oriented commercial uses located in the center of the City with direct access to mass transit services, design standards for compatible commercial development, and support for public parking and business improvements. (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §l, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2303 §1 (part), 7/4/84; Ord. 1709 §1 (part), 12/22/70) 12. IP Zone - This is an industrial zone intended to create and preserve areas for office, commercial, and industrial uses devoid of exterior nuisances in a planned, park -like setting. Permitted uses are devoid of exterior nuisance factors, such as noise. glare, air and water pollution and fire and safety hazards on adjacent non -industrial property and do not have an exceptional demand on public facilities. These types of office, commercial, and industrial uses typically involve the need for a large campus -like site with amenities suitable for mixed use developments and buffering measures to reduce the impact of large scale development on adjacent businesses with adult -only activities are also permitted uses, and a variety of maintenance and repair shops with hazardous materials are also conditionally permitted uses. This zone provides for a variety in the urban land use pattern for mixed industrial and commercial uses with direct access on an arterial street design standards f r�inghdensiIy. pedestrian oriented, mixed uses located adjacent to major transportation facilities, design standards for compatible mixed industrial and commercial development. and support for private parking and business improvements (Ord. 2861 § 1 (part), 3/17/95) 13. IL Zone - This is an industrial zone intended to create and preserve areas for industrial uses which are largely devoid of exterior nuisances in close proximity to airports and highways. Permitted uses are largely devoid of exterior nuisance factors, such as noise, glare, air and water pollution and fire and safety hazards on adjacent non -industrial property. and do not have an exceptional demand on public facilities These types of industrial uses Wically involve the manufacture of finished products from pre -fabricated materials, product wholesaling, and material storage Buffering measures to reduce the impact of industrial uses on nearby residential uses may be required While industrial and commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. vehicle service stations with petroleum products and entertainment businesses with adult -only activities are also permitted uses, and a variety of maintenance and repair shops with hazardous materials are also conditionally permitted uses. This zone provides the basic urban land use pattern for light industrial uses with direct access on an arterial street design standards for greater truck traffic, and buffers for nonindustrial uses. (Ord 2861 §1 (part), 3/17/95; Ord. 2715 §1,10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2329 §1 (part)* 3/11/85) 156 -6- 157 -7- 14. IH Zone - This is the least restrictive industrial zone intended to be the area in which heavy industry could develop causing the least impact on other land uses. Si nificant adverse impacts can be expected from permitted industrial uses that involve hazardous materials, noise, air and water pollution, shift work around the clock, entertainment businesses with adult- only activities, and outside storage yards and manufacturing activities. This zone provides the basic urban land use pattern for heave industrial uses with direct access to major transportation facilities, design standards for greater truck traffic, and buffers for nonindustrial uses unless deemed impractical. (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) 15. PBP Zone - A zoning designation for publicly-owned property, or property less suitable for development by reason of its topography, geology, or some unusual condition or situation. Much of the land so designated may best be left as "green belts". Except for low density private residential uses, permitted uses are mostly public utilities and large civic facilities. This zone provides the basic urban land use pattern for public facilities. open space. and environmentally sensitive areas where public interests are directly, involved and with allowances for very low density private residential use, subject to environmental impact mitigation. (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) 16. FL Zone - A zoning designation for privately-owned property not intended for future conversion to urban development, much of which property may best be used for commercial timber production .This zone provides the basic nonurban land use pattern for natural resource uses, subject to environmental impact mitigation if converted to urban development. (Ord. 3111 §3, 3/15/2002) 17. Home Occupation "-_ it __a Permit - The purpose of this Chapter is to ensure that an occupation or business undertaken within a dwelling unit located in a residential use district is incidental and subordinate to the primary use and is compatible with the residential character of the neighborhood. This special use permit provides allowances for business activities taking place within a residential use. (Ord. 3111 §3, 3/15/2002; Ord. 2948 §5 (part) 2/14/97; Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2103 §2, 10/18/80) 18. Bed and Breakfast'1'-ndit:ona T T Permit - The purpose of this Chapter is to ensure that a bed and breakfast is compatible with its surrounding properties, and when located in a residential neighborhood, to preserve the residential character of the neighborhood and the surrounding residences. This special use provides procedures and regulations for business activities taking place within a residential use. (Ord. 3111 §3, 3/15/2002; Ord. 2948 §5 (part) 2/14/97; Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2483 §1 (part), 3/23/88) 19. Adult Entertainment Conditional Use - The purpose of this Chapter is to ensure that adult entertainment businesses are appropriately located and operated within the City of Port Angeles, are compatible with uses allowed within the City, and are conducive to the public health, safety, and welfare. This conditional use provides procedures and regulations for specific adult-only business activities. (Ord. 3111 §3, 3/15/2002; Ord. 2948 §5 (part) 2/14/97; Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2511 §1, 10/4/88) 20. Retail Stand r, edition 4 r r Permit- The purpose of this Chapter is to ensure that retail stands are appropriately located in the commercial and public building areas, are 157 -7- compatible with the uses allowed in such areas, and are conducive to the public health, safety, and welfare, and to promote the diversity of retail stand activity. This special use 12rovides procedures and regulations for business activities taking place outside a building or on public property. (Ord.NW 3111 §3, 3/15/2002; Ord. 2948 §5 (part) 2/14/97; Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2070 §1 (part), 3/29/80) 21. Wrecking Yard Conditional Use - The purpose of this Chapter is to ensure that licensed wrecking yards are appropriately located, are compatible with uses allowed within the City, and are conducive to the public health, safety, and welfare. This conditional use provides procedures and regulations for specific business activities. (Ord. 3111 §3, 3/15/2002;Ord. 2948 §5 (part) 2/14/97; Ord. 2861 §1 (part), 3/17/95) Section 2. Ordinance 1709 as amended and Title 17 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.08.095 to read as follows: 17.08.095 - "'S" A. Service Station - an establishment which provides for the servicing of motor vehicles and operations incidental thereto, limited to the retail sale of petroleum products and automobile accessories; automobile washing (not including auto laundry); waxing and polishing of automobiles; tire changing and repair (not including recapping); battery service, charging, and replacement (not including repair and rebuilding); radiator cleaning and flushing (not including steam cleaning and repair); installation of accessories; and the following operations if conducted wholly within a building: lubrication of motor vehicles, brake servicing, wheel balancing, tire testing, and replacement of carburetors, coils, condensers, fan belts, wiring, water hoses, an,* similar parts. (Ord. 2652 § 1 (part), 9/27/91; Ord. 1709 § 1 (part), 12/22/70) B. Setback - the required minimum distance between any lot line and any structure orbuilding. (Ord. 2666 §1 (part), 1/17/92) C. Sign - Any letters, figures, design symbol, trademark, or device intended to attract attention to any activity, service, place, subject, person, firm, corporation, public performance, article, machine, or merchandise, and including display surfaces and supporting structures thereof. (Ord. 3007 §5 (part), 1/15/99) D. Sign, Advertising - a sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered elsewhere than upon the premises on which such sign is located or to which it is affixed. (Ord. 3007 §5 (part), 1/15/99; Ord. 2666 § 1 (part), 1/17/92; Ord. 1709 §t (part), 12/22/70) E. Sign, Area - the area of a sign shall be the sum of each display surface including both sides of a double-faced sign, as determined by circumscribing the exterior limits on the mass of each display erected on one sign structure with a circle, triangle, or quadrangle connecting all extreme points. Where a sign is composed of two or more individual letters mounted directly on a wall, the total display surface, including its background, shall be considered one sign for purposes of calculating sign area. The structure supporting a sign is not included in determining the area of the sign, unless the structure is designed in a way to form an integral part of the display. (Ord. 3007 §5 (part), 1/15/99; Ord. 2948 §5 (part), 2/14/97) F. Sign, Attached - a sign or billboard, lighted or unlighted, directly attached to, supported by, and no more than 2 feet distance from, a building. (Ord. 3007 §5 (part), 1/15/99; Ord. 2948 §5 (part), 2/14/97; Ord. 2666 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) G. Sign, Billboard - an outdoor advertising display, structure or sign, over 250 square feet in area, attached or detached, lighted or unlighted. (Ord. 3007 §5 (part), 1/15/99; Ord 2948 §5 (part), 2/14/97; Ord. 2666 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) H. Sign, Business - a sign which directs attention to a business or profession conducted, or to a commodity, service, or entertainment sold or offered, upon the premises on which such sign is located or to which it is affixed. (Ord. 3007 §5 (part), 1/15/99; Ord. 2948 §5 (part), 2/14/97; Ord. 2666 §1 (part), 1/17/92; Ord. 1709§1 (part), 12/22/70) I. Sign, Detached - a sign or billboard, lighted or unlighted, which is separated from and not a part of a building. A sign or billboard on the top of and more than two feet in distance from a building shall be considered a detached sign. (Ord. 3007 §5 (part), 1/15/99; Ord. 2948 §5 (part), 2/14/97; Ord. 2666 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) J. Sign, Flashing - a sign which is illuminated by artificial light which is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this Zoning Code, a revolving illuminated sign shall also be considered a flashing sign. (Ord. 3007 §5 (part), 1/15/99; Ord. 2948 §5 (part), 2/14/97; Ord. 2666 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) K. Sign, Official Traffic, Directional, or Warning - a sign that is erected by a public authority to protect the health, safety and welfare of the public. (Ord. 3007 §5 (part), 1/15/99; Ord. 2948 §5 (part), 2/14/97; Ord. 2666 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) L. Sign, Temporary - a sign constructed of cloth, canvas, cardboard, wallboard, or other lightweight material, intended to be displayed for a limited period of time, not to exceed thirty (30) days within a single calendar year, typically advertising a one-time event, unless otherwise specified. (Ord. 3007 §5 (part), 1/15/99; Ord. 2948 §5 (part), 2/14/97; Ord. 2666 §1 (part), 1/17/92; Ord. 1709 § 1 (part), 12/22/70) M. Single Family Residence - one detached dwelling on an individual lot for occupancy by one family. (Ord. 3007 §5 (part), 1/15/99; Ord. 2948 §5 (part), 2/14/97; Ord. 2796 §5, 2/11/94) N. Special Use Permit - a limited permission to locate a particular use at a particular location, which limited permission is required to modify the controls stipulated by these regulations in such degree as to assure that the particular use shall not prove detrimental to surrounding_ properties, shall not be in conflict with the Comprehensive Plan, and shall not be contrary to the public interest. O. Special Use - an administrative conditional use permitted in a zone, but which requires a special degree of control to make such use consistent and compatible with other existing or permissible uses in the same zone. PAF. Stable, Private Horse - a detached accessory building in which only the horses owned by the occupants of the premises are kept, and in which no horses are kept for hire, remuneration, or sale. (Ord. 3053 §1 (part), 6/16/2001; Ord. 3007 §5 (part), 1/15/99; Ord. 2948 §5 (part), 2/14/97; Ord. 2796 §5,2/11/94; Ord. 2652 §1 (part), 9/27/91; Ord. 1709§1 (part), 12/22/70) Oe. Stand - a structure for the display and sale of products, with no space for customers within the structure itself. (Ord. 3007 §5 (part), 1/15/99; Ord. 2948 §5 (part), 2/14/97; Ord. 2796 §5, 2/11/94; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70) RP. Stealth - relating to siting strategies and technological innovations designed to enhance compatibility with adjacent land uses by designing structures to resemble other features in the surrounding environment. "Stealth" techniques include architecturally screened roof -mounted antennas, antennas integrated into architectural elements, and towers designed to resemble light poles, power poles, flag poles, street standards, steeples, or trees, etc. (Ord. 3089 §2 (part), 6/29/2001) SQ. Story - the space between the floor and the ceiling above said floor. A basement shall be considered a story when more than half of the basement height is above the finished lot grade. (Ord. 3089 §2 (part), 6/29/2001; Ord. 3007 §5 (part), 1/15/99; Ord. 2948 §5 (part), 2/14/97; Ord. 2796 §5, 2/11/94; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70) TR. Street - a public right-of-way which affords a primary means of access to abutting property. (Ord. 3089 §2 (part), 6/29/2001; Ord. 3007 §5 (part), 1/15/99; Ord. 2948 §5 (part), 2/14/97; Ord. 2796 §5, 2/11/94; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70) 159 -9- US- Street Right -of -Way Line - the boundary line between a street and abutting property. (Ord. 3089 §2 (part), 6/29/2001; Ord. 3007 §5 (part), 1/15/99; Ord. 2948 §5 (part), 2/14/97 Ord. 2796 §5, 2/11/94; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70) # V -T. Structure - anything constructed in the ground, or anything erected which requires location on the ground or water, or is attached to something having location on or in the ground or water, but not including fences or walls used as fences six feet or less in height. (Ord. 3089 §2 (part), 6/29/2001; Ord. 3007 §5 (part), 1/15/99; Ord. 2948 §5 (part), 2/14/97; Ord. 2796 §5, 2/11/94; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70) WU. Structural Alteration - any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams, or girders. (Ord. 3089 §2 (part), 6/29/2001; Ord. 3007 §5 (part), 1/15/99; Ord. 2948 §5 (part), 2/14/97; Ord. 2796 §5, 2/11/94; Ord. 2652 §1 (part), 9/27/91; Ord. 1709 §1 (part), 12/22/70) X -V. Subordinate - less important than and secondary to a primary object, usually in these Zoning Regulations referring to an accessory use. (Ord. 3089 §2 (part), 6/29/2001; Ord. 3007 §5 (part), 1/15/99; Ord. 2948 §5 (part), 2/14/97; Ord. 2921 §2, 6/28/96; Ord. 2861 §1 (part), 3/17/95) ) W. Supermarket - a grocery store on a site larger than one acre and with multiple retail departments such as drugs, photo, video, deli, flowers, seafood, bakery, etc. (Ord. 3089 §2 (part), 6/29/2001; Ord. 3007 §5 (part), 1/15/99; Ord. 2948 §5 (part), 2/14/97; Ord. 2861 §1 (part), 3/17/95) Section 3. Ordinance 1709 as amended and Chapter 17.10 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.10.010 to read as follows: 17.10.010 Purpose. This is a low density residential zone intended to create and preserve urban single family residential neighborhoods consisting of predominantly single famil homes on standard Townsite-size lots. Uses which are compatible with and functionally related to a single family residential environment may also be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides the basic urban land use pattern for the City's single family residential neighborhoods, following a standard rectangular street grid system of 60 -foot rights-of- way ihtg s-of— way for local access streets and 300 -foot by 500 -foot blocks with 50 -foot by 140 -foot lots and usually located in areas that are largely developed and closer to the center of the City_ (Ord. 2861 § 1 (part), 3/17/95; Ord. 2668 §1 (part), 1/17/92; Ord. 2385 §1 (part), 3/28/86; Ord. 1709 §1 (part), 12/22/70) Section 4. Ordinance 1709 as amended and Chapter 17.11 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.11.010 to read as follows: 17.11.010 Purpose. This is a low density residential zone intended to create and preserve urban single family residential neighborhoods consisting of predominantly single family homes on larger than standard Townsite-size lots. Uses that are compatible with and functionally related to a single family residential environment may be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides for a variety in the urban land use pattern for the public and private streets with irregular shaped lots. minimum 75 -foot front lot lines and 60 -food rights-of-way for collector arterial streets in large r� ectangular blocks and usually located in outlying 160 -10- areas with large tracts of vacant buildable land. (Ord. 2861 § 1 (part), 3/17/95; Ord. 2668 § 1 (part), 1/17/92; Ord. 2385 §1 (part), 3/28/86; Ord. 1709 §1 (part), 12/22/70) Section 5. Ordinance 1709 as amended and Chapter 17.13 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.13. 010 to read as follows: 17.13.010 Purpose. This is a medium density residential zone intended for mobile home occupancies, and the area is regarded as essentially residential in character. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides the basic urban land use pattern for the City's small lot single family mobile home parks, following an irregular urban land use pattern of private access roads and minimum 3500 square foot lots. (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70)) Section 6. Ordinance 1709 as amended and Chapter 17.14 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.14.010 to read as follows: 17.14.010 Purpose. This is a medium density residential zone, which allows a mix of single family, duplexes and apartments at a density greater than single family neighborhoods but less than the RHD Zone. The permitted uses in the RMD Zone are also intended to be more restrictive than the RHD Zone. Commercial uses are not considered to be compatible. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides for a variety in the urban land use pattern for the City's lower densiV multi -family residential neighborhoods (at twice the density of the City's basic single family residential neighborhoods) with direct access on an arterial street, usually located in outlying areas with large tracts of vacant buildable land, and serving as a transitional use between low density residential uses and commercial/industrial uses. (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92) Section 7. Ordinance 1709 as amended and Chapter 17.15 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.15.010 to read as follows: 17.15.010 Purpose. This is a high density residential zone for multi -family structures. Compatible uses may be allowed on Conditional Use Permits, but the zone is still regarded as a residential area, where commercial enterprises are not generally felt to be compatible. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides the basic urban land use pattern for the City's higher density multi -family residential neighborhoods (at seven times the density of the City's basic single family residential neighborhoods), following a standard rectangular street grid system of 60 -foot rights-of-way for local access streets and 300 -foot by 500 -foot blocks and usually located in areas that are largely developed and closer to the center of the City. (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 1709 §1 (part), 12/22/70) Section 8. Ordinance 1709 as amended and Chapter 17.17 of the Port Angeles 0 Municipal Code are hereby amended by amending PAMC 17.17.010 to read as follows: 17.17.010 Purpose. The purpose of this Chapter is to ensure that an occupation or business undertaken within a dwelling unit located in a residential use district is incidental and subordinate to the primary use and is compatible with the residential character of the neighborhood. This special use permit provides allowances for business activities taking place within a residential use. (Ord. 3111 §3, 3/15/2002; Ord. 2948 §5 (part) 2/14/97; Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2103 §2, 10/18/80) Section 9. Ordinance 1709 as amended and Chapter 17.18 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.18.010 to read as follows: 17.18.010 Purpose. The purpose of this Chapter is to ensure that a bed and breakfast is compatible with its surrounding properties, and when located in a residential neighborhood, to preserve the residential character of the neighborhood and the surrounding residences. This special use provides procedures and regulations for business activities taking place within a residential use. (Ord. 3111 §3, 3/15/2002; Ord. 2948 §5 (part)2/14/97; Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2483 §1 (part), 3/23/88) 9 Section 10. Ordinance 1709 as amended and Chapter 17.19 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.19.0 10 to read as follows: 17.19.010 Purpose. The purpose of the Plartned Residentia4 Development Overlay Zone This Overlay Zone is to provide alternative zoning regulations which permit and encourage design flexibility, conservation and protection of natural critical areas, and innovation in residential developments to those regulations found in the underlying zone. It is intended that a Planned Residential Development will result in a residential environment of higher quality than traditional lot - by -lot development by use of a design process which includes within the site design all the components of a residential neighborhood, such as open space, circulation, building types, and natural features, in a manner consonant with the public health, safety, and welfare. It is also intended that a Planned Residential Development may combine a number of land use decisions such as conditional use permits, rezones, and subdivisions into a single project review process to encourage timely public hearings and decisions and to provide for more open space and transitional housing densities than is required or may be permitted between single family and multi -family zones. The consolidation of permit reviews does not exempt applicant(s) from meeting the regulations and submitting the fees and applications normally required for the underlying permit processes. Few nonresidential uses are allowed in this overlay zone and then only conditionally, because of land use impacts associated of public streets and lot design and with allowances for mixed use, residential and commercial 162 -12- developments not usually permitted in residential zones. (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2657 §1 (part), 12/13/91; Ord. 2038 §1 (part), 7/29/79) Section 11. Ordinance 1709 as amended and Chapter 17.20 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.20. 010 to read as follows: 17.20.010 Purpose. This is a commercial zone intended for those business, office, administrative, or professional uses which do not involve the retail sale of goods, but rather provide a service to clients, the provision of which does not create high traffic volumes, involve extended hours of operation, or contain impacts that would be detrimental to adjacent residential areas. Commercial uses that are largely devoid of any impacts detrimental to single family residential uses are allowed. This zone provides the basic urban land use pattern for small lot, transitional uses between residential neighborhoods and commercial districts with direct access on an arterial street and design standards compatible with residential development. (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1) 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2109 §2, 12/7/80) Section 12. Ordinance 1709 as amended and Chapter 17.21 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.21.010 to read as follows: 17.21.010 Purpose. This is a commercial zone intended to create and preserve areas for businesses which are of the type providing the goods and services for the day-to-day needs of the surrounding residential neighborhoods. Businesses in this zone shall occur on sites no larger than one acre and shall be located and designed to encourage both pedestrian and vehicular access and to be compatible with adjacent residential neighborhoods. Commercial uses that are largely devoid of any impacts detrimental to multiple family residential uses are allowed gasoline service islands are conditionally permitted uses. This zone provides for a variety in the urban land use pattern for small commercial districts serving individual residential neighborhoods with direct access on an arterial street and design standards compatible with residential development. (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2553 1, 12/2/89) Section 13. Ordinance 1709 as amended and Chapter 17.22 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.22.010 to read as follows: 17.22.010 Purpose. This is a commercial zone oriented primarily to those businesses serving the daily needs of the surrounding residential neighborhoods but is slightly less restrictive than the CN zone and as such provides a transition area from the most restrictive commercial zones to those of lesser restrictions. Businesses in this zone may occur on sites of varying sizes and shall be located at the intersections of arterial streets of sufficient size to satis& traffic demand and at the boundaries of neighborhoods so that more than one neighborhood may be served. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Service stations with petroleum products are permitted uses This zone provides the basic urban land use pattern for large lot, commercial_ uses serving much of the City with direct access on an arterial street and 163 -13- design standards for greater automobile and truck traffic. (Ord. 2861 § 1 (part), 3/17/95; Ord. 2797 §2, 2/11/94, Ord. 2715 §l, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 1709§1 (part), 12/22/70) 0 Section 14. Ordinance 1709 as amended and Chapter 17.23 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.23.010 to read as follows: 17.23.010 Purpose. This is a commercial zone intended to create and preserve areas for business serving the entire City and needing an arterial location because of the nature of the business or intensity of traffic generated by the business. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed. Service stations with petroleum products and dry cleaning shops with hazardous materials are permitted uses. This zone provides the basic urban land use pattern for automobile oriented, commercial uses with direct access on a principal arterial street and desmon standards for greater automobile and truck traffic. (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1(part), 1/17/92; Ord. 2293 §1 (part), 4/4/84) Section 15. Ordinance 1709 as amended and Chapter 17.24 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.24.010 to read as follows: 17.24.010 Purpose. This is a commercial zone intended to strengthen and preserve the area commonly known as the Downtown for major retail, service, financial, and other commercial operations that serve the entire community, the regional market, and tourists. It is further the purpos of this zone to establish standards to improve pedestrian access and amenities and to increase public enjoyment of the shoreline. Commercial uses that are largely devoid of any impacts detrimental to the environment are allowed Gasoline service islands and marine fueling stations are conditionally permitted uses This zone provides the basic urban land use pattern for high density, pedestrian oriented commercial uses located in the center of the City with direct access to mass transit services design standards for compatible commercial development and sup op rt for public parking and business improvements. (Ord. 2861 §1 (part), 3/17/95; Ord. 2715 § 1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2303 §1 (part), 7/4/84; Ord. 1709 §1 (part), 12/22/70) Section 16. Ordinance 1709 as amended and Chapter 17.26 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.26.010 to read as follows: 17.26.010 Purpose. The purpose of this Chapter is to ensure that retail stands are appropriately located in the commercial and public building areas, are compatible with the uses allowed in such areas, and are conducive to the public health, safety, and welfare, and to promote the diversity of retail stand activity. This specialprovides procedures and regulations for business activities taking place outside a buildingor r on public property. (Ord. 3111 §3, 3/15/2002; Ord. 2948 §5 (part) 2/14/97; Ord. 2861 §1 (part), 3/17/95; Ord. 2715 §1,10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2070 §1 (part), 3/29/80) 164-14- 0 Section 17. Ordinance 1709 as amended and Chapter 17.30 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.30.010 to read as follows: 17.30.010 Purpose. This is an industrial zone intended to create and preserve areas for office, commercial, and industrial uses devoid of exterior nuisances in a planned, park -like setting. Permitted uses are devoid of exterior nuisance factors, such as noise, glare, air and water pollution, and fire and safety hazards on adjacent non -industrial property, and do not have an exceptional demand on public facilities. These types of office, commercial, and industrial uses typically involve the need for a large campus -like site with amenities suitable for mixed use developments and buffering measures to reduce the impact of large scale development on adjacent uses. While industrial and commercial uses that are devoid of any impacts detrimental to the environment are allowed vehicle service stations with petroleum products and entertainment businesses with adult - only activities are also permitted uses and a variety of maintenance and repair shops with hazardous materials are also conditionally permitted uses. This zone provides for a variety in the urban land use pattern for mixed industrial and commercial uses with direct access on an arterial street design standards for high density, pedestrian oriented mixed uses located adjacent to major transportation facilities design standards for compatible mixed industrial and commercial development and support for Private parking and business improvements (Ord. 2861 § 1 (part), 3/17/95) Section 18. Ordinance 1709 as amended and Chapter 17.32 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.32.010 to read as follows: 17.32.010 Purpose. This is an industrial zone intended to create and preserve areas for industrial uses which are largely devoid of exterior nuisances in close proximity to airports and highways. Permitted uses are largely devoid of exterior nuisance factors, such as noise, glare, air and water pollution, and fire and safety hazards on adjacent non -industrial property, and do not have an exceptional demand on public facilities. These types of industrial uses typically involve the manufacture of finished products from pre -fabricated materials, product wholesaling, and material storage. Buffering measures to reduce the impact of industrial uses on nearby residential uses may be required While industrial and commercial uses that are largely devoid of any i=acts detrimental to the environment are allowed. vehicle service stations with petroleum products and entertainment businesses with adult -only activities are also permitted uses. and a variety of maintenance and repair shops with hazardous materials are also conditionally permitted uses. This zone provides the basic urban land use pattern for light industrial uses with direct access on an arterial street. design standards for greater truck traffic. and buffers for nonindustrial uses. (Ord. 2861 § 1 (part), 3/17/95; Ord. 2715 §1, 10/16/92; Ord. 2668 §1 (part), 1/17/92; Ord. 2329 §1 (part), 3/11/85) Section 19. Ordinance 1709 as amended and Chapter 17.34 of the Port Angeles Municipal Code are hereby amended b amending PAMC 17.34.010 to read as follows: p Y Y g 165-15- 17.34.010 Purpose. 1 4 1 Zone This is the least restrictive industrial zone intended to be the area in which heavy industry could develop causing the least impact on other land uses materials noise air and water pollution shift work around the clock. entertainment businesses transportation facilities design standards for greater truck traffic and buffers for nonindustrial uses unless deemed impractical. Section 20. Ordinance 1709 as amended and Chapter 17.35 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.3 5.010 to read as follows: 17.35.010 Purpose. The purpose of this Chapter is to ensure that licensed wrecking yards are appropriately located, are compatible with uses allowed within the City, and are conducive to the public health, safety, and welfare. This conditional use provides procedures and regulations for specific business activities. Section 21. Ordinance 1709 as amended and Chapter 17.40 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.40.010 to read as follows: 17.40.010 Puose. "��e A zoning designation for publicly -owned property, o property less not suitable for development by reason of its topography, geology, or some unusua condition or situation. Much of the land so designated may best be left as "green belts". Except for low density private residential uses permitted uses are mostly public utilities and large civic facilities This zone provides the basic urban land use pattern for public facilities. op en space, and environmentally sensitive areas where public interests are directly involved and with allowances for very low density private residential use subject to environmental impact mitigation._ Section 22. Ordinance 1709 as amended and Chapter 17.42 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.42. 010 to read as follows: 17.42.010 Purpose FL Zone. This is -a A zoning designation for privately -owned property not intended, for future conversion to urban development., Mmuch of the 1& -td so designate which property may best be used for commercial timber production .This zone provides the basic nonurban land use pattern for natural resource uses su 'ect to environmental im act mitigation if converted to urban development. Section 23. 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CITY COUNCIL MEMO CITY MANAGER'S CALENDAR / REPORT August 20, 2002 CITY MEETING SCHEDULE DATE TIME V � Special City Council Meeting Tuesday, August 20 5:00 p.m. City Council Meeting Tuesday, August 20 6:00 p.m. Congressman Dicks Visit Thursday, August 22 3:00 p.m. Downtown Forward Advisory Committee Meeting Monday, August 26 7:30 a.m. Real Estate Committee Meeting Tuesday, August 27 4:00 p.m. Planning Commission Meeting Wednesday, August 28 7:00 p.m. ''i,d3`ts f .i "�i.�TM�...�-�0`161" ' .u.':�. i rm.�%%S . _ Labor Day Holiday Monday, September 2 Closed City Council Meeting Tuesday, September 3 6:00 p.m. Gateway Committee Meeting Thursday, September 5 8:15 a.m. Outstanding Public Service Award Luncheon - VBMCC Thursday, September 5 11:30 a.m. Utility Advisory Committee Meeting Tuesday, September 10 3:00 p.m. Real Estate Committee Meeting Tuesday, September 10 4:00 p.m. 9-11 Remembrance Event -Fourth Street/City-County Observance City Hall opens at 8:30 a.m. Wednesday, September 11 8:00 a.m. Hurricane Ridge PDA Meeting - tentative Wednesday, September 11 6:30 p.m. Planning Commission Meeting Wednesday, September 11 7:00 p.m. City Council Meeting Tuesday, September 17 6:00 p.m. Downtown Forward Advisory Committee Meeting - tentative Monday, September 23 7:30 a.m. tentative: to be verified before next meeting 169 • • • 170 • • CITY COUNCIL GOALS - OBJECTIVES - PROGRAMS / PROJECTS (Adopted 12/18/01) Revised 2/5/02 2002 - OUR COMMUNITY WORKPLAN PROJECT UPDATE - JULY GOAL: FINANCIAL STABILITY Provide consistent and quality municipal services through the adequacy, utilization, and development of financial resources that maximize return on investment, leverage of outside sources, and equity for local taxpayers. >., uoa . 4 WIN,, 1. Refinance and/or redevelop LID211 (Del Guzzi), along with other potential issues, to improve finances and reduce long-term debt liability (****) The project will be financed through LID Guaranty, Control, and Utility Reserves in 2003 to cover debt obligations. The current proposal is to sell the property at a discount to supplement the resources needed for satisfaction of the debt. The property is listed with our agent, Coldwell Banker, for current sale. 2. Stabilize the Fine Arts Center Budget and broaden revenue support for continuing operations (****) The Joint Operations Committee between the City, Friends & Trustees, has met for the fourth time to review goals and revenues. They also sponsored a Greek tragedy "Medea"; with proceeds dedicated to the Fine Arts Center. 3. Evaluate the financial system software and hardware proposals for operational implementation (****) HTE software implementation has begun with coordination by the Project Manager from HTE and staff. Hardware installation has been done and on-site training with our IT staff has commenced. Specific training on application modules has also begun, with initial sessions on Work Orders, Payroll, Accounting/Budgeting, and Customer Information for Utility Billing already conducted with staff. 4. Pursue outside funding sources/grants for capital projects like the Downtown Convention Center, Downtown Parking, planning phase of the Pool Renovation, facilities such as the Fine Arts Center and Marine Life Center, Lauridsen Boulevard bridge, 5th & Race signalization, Ennis Creek bridge, non -motorized improvements, and the Carnegie Library renovation (***) The Fire Department has been awarded a $13, 000 grant for upgrades to the department's SCBA (breathing apparatus) alert safety devices to meet current safety standards. The Police Department has received a $10, 000 donation toward the replacement of our K-9 dog and program costs. In addition, the department has received a $1,500 grant from the State Traffic Safety Commission for replacement of a traffic radar unit and specialized crime scene software. WSDOT has informed us that they will fund signal chirpers for the visually impaired at the 5th and Lincoln intersection. Sen. Murray announced the federal FTA appropriation of an additional $1.5 M dedicated to our International Gateway Project to enable the parking lid construction and related improvements. 5. Evaluate the equipment replacement fund and develop a strategic plan (**) No progress to date. 6. Evaluate changes to the business license regulation A Business Registration concept has been developed which would create a data base of information on business types and contacts. For a nominal fee, the City would maintain this information and coordinate it with the Chamber and other agencies. This is still in staff review and needs input from the business community as well. GOAL: INTERGOVERNMENTAL RELATIONS Promote communications, legislative influence, and agency cooperation with all public entities on the North Olympic Peninsula, as well as State, Federal, and Tribal agencies which impact our community and environment. 1. Pursue Interlocal Agreements for Urban Services in the UGA with the County, PUD, Fire District, and other service purveyors (*******) No progress since last report. 2. Schedule regular joint meetings with other jurisdictions (*******) County meeting accomplished, but we need to schedule for other jurisdictions. -2- 172 3. Coordinate and support Elwha mitigation efforts involving Elwha water protection 0 through agreements with the National Parks Service, Lower Elwha Klallam Tribe, and other agencies (***) A Memorandum of Understanding Agreement has been drafted and is receiving final legal review as well as final negotiation review by the National Parks Service and the Tribe. Related assistance with O&Mfunding has also been requested of Congressman Norm Dicks. 4. Implement the bilateral compliance agreement with the WA state Department of Health concerning GWI and seek alternatives to construction of a water filtration plant (***) A request has been submitted to DOH to modify the BCA to allow the Elwha process to take the place of the City separately moving ahead with the construction of a water treatment plant. It is our belief that we will accomplish the same goal of DOH with the federal project funds through the federal time schedule. A meeting is being scheduled to further discuss the issue. 5. Obtain a 5 -year renewal permit for landfill operations and continued execution of the Wildlife Hazard Management Plan (***) A one year permit has been issued to operate the landfill because the County regulations do not permit multiple years. COMPLETE 6. Implement City Standards in the UGA for plans review, development, testing, and other areas of operational efficiency (***) Discussions continue with Clallam County PUD #1 and the County considering water and fire flow requirements for the UGA. 7. Develop a comprehensive marine emergency response plan and service agreements The contract with Arrow Launch Services has been initiated, and the Fire Department is proceeding with their review of operational efficiencies in this area. GOAL: QUALITY MUNICIPAL SERVICES Organize and provide municipal services that are oriented toward meeting the needs of our citizens, effectively utilizing available resources, and achieving improvements in our community's quality of life Programs / Projects 1. Develop Stormwater Management strategy and program with utility -type funding options (******) Another UAC review meeting of this proposal occurred on August 13th with the anticipated result being a comprehensive utility based program. The current proposal has modified the rate structure to only a $3/month unit charge and limited the maximum -3- 173 N 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. unit charge for commercial accounts. Revise the 5 -year pavement management program, and continue the chip seal and street overlay program (******) The annual pavement overlay work by Lakeside Industries has been completed. Strengthen the one-stop permit process through user-friendly code language and assigned staff liaison for significant projects (***) Staff is assigning a project coordinator for large projects such as the Hotel/Convention Center and is using a team -support concept for permit review. The work of the Citizen's Review Committee on Codes has resulted in a number of proposals under the Municipal Code Amendments which will be reviewed on August 20th. Complete the construction of the Black Diamond reservoir cover and install a new disinfection system(***) The final punch list items remain to be completed. Construct the Peabody Heights reservoir cover (***) Bids were rejected and contract documents will be modified to readvertise in early 2003. Implement a Co -Composting Operations Plan to handle biosolids and yard waste (**) Work is progressing on installing equipment and facility upgrades with a planned commencement of operations in September. Clean the interior of the water reservoirs (**) - COMPLETE Initiate a WRICOPS study of police services to promote organizational effectiveness With the recent notification to WRICOPS of funding in 2003, it is imminent that the City will receive a study next year. The date will be set later for our mutual benefit. Implement cost efficiencies with District Court where possible The City Attorney's Office has obtained an increase in court costs and public defender fee assessments to partially offset the increase in court filing fees. In addition, we have emphasized alternatives to incarceration where reasonable such as community service and electronic home monitoring in order to reduce jail costs. Execute phase II & III of the 300 gallon to 90 gallon conversion program for residential refuse collection The placement continues with phase II expected to be complete by mid -2003. Replace major portions of the concrete water main transmission service Agreement with Skillings-Connolly has been executed and the design effort has been instituted. Implement the Water Comprehensive Plan upon State Health Department's approval DOH approved the plan on 4/28/02 for a 6 year period. - COMPLETE Obtain new NPDES permit for WWTP operations The NPDES permit was issued July I, 2002 and is good until June 30, 2007. - COMPLETE Continue Parks Maintenance Plan through miscellaneous irrigation projects, landscaping, and facility maintenance Staff has developed a schedule to review facility maintenance with the first facilities being Harborview, Veteran's Park, Sail & Paddle, City Pier, Erickson Park, and Haynes Viewpoint. -4- 174 A 15. Reduce the occurrence and severity of Emergency Incidents through tactical training, inspection, smoke detectors, public education, and strategic planning for risks The Fire Dept. provided fire extinguisher training through the City Safety Committee with the ability to apply to live training fires. 16. Develop procedures for a Customer Assistance Program through the Fire Department toi assist "needy" victims of emergency situations COMPLETE 17. Explore the feasibility of a Reserve Police Officer Program The Police Department received 18 applications of which I1 were passed through a series of oral, written and physical tests. The Reserve Academy will be conducted at Peninsula College and involves 220 hours of specialized training. 18. Design the project to re -conductor Valley Street A design agreement with the consultant has been executed and is 90% complete with an expected construction in 2003. 19. Replenish the armoring in cooperation with the Corps of Engineers on Ediz Hook to protect the infrastructure. 11 This project is scheduled to start in September after a bid opening set for 8129. GOAL: EMPLOYEE EXCELLENCE Expand programs and policies that enhance the work environment, stimulate employee performance, and promote customer service to assure the provision of quality municipal services and prepare our employees for the future challenges in municipal government. 1. Administer and negotiate contract negotiations for labor contracts with Teamsters Non - Sworn staff, IBEW #997, IAFF for Fire personnel (****) The IBEW contract has been finalized, and the AFSCME and other contracts are in preliminary review for upcoming negotiations. The major challenge is to incorporate provisions for the stabilization of medical premium impacts to the employer and employee. 2. Initiate a Police Department awards ceremony for staff and volunteers (***) COMPLETE. 3. Conduct Diversity Awareness Training With support from WCIA, the City has conducted training on this subject as part of our ongoing commitment to training and risk awareness as an organization. -5- 175 • GOAL: COMMUNITY DEVELOPMENT Develop policies and promote implementation measures that enact our Comprehensive Plan, preserve the character of our community, and provide the necessary public facilities and infrastructure consistent with our vision for the future. 1. Implement the Telecommunications Plan for providing Fiber Optics (***) The Cable TV Franchise was approved by the Council per Ordinance 3116. COMPLETE Fast-track of the City's I -Net system has been negotiated as well, with the documents scheduled for Council review at this upcoming Council meeting. 2. Construct Laurel Street slope stabilization project (***) Construction has been delayed due to concerns about the stability of the proposed structure. No work has been done on site. 3. Commence design of the Southeast reservoir for the high zone system with the cooperation of the Clallam PUD (***) 0 Staff is awaiting results of the PUD Water System Plan before entering into serious negotiations on this project. There is some concern from the PUD that this project may not be needed, and we will need to reevaluate options. 4. Annexation Plan public outreach and education to be completed, and recommendations to the City Council for final authorization (**) This element has been put on temporary hold while we concentrate on the interlocal service and revenue-sharing agreement issues which may lead to certain alternatives to providing urban services besides annexation. One major concern to the effort has been the State's Supreme Court decision that effectively removes the current petition process from consideration as an annexation method. 5. Complete the Carnegie Library improvement project and partner with the Historical Society for museum operations (**) The project construction contract has been awarded to Hoch Construction with work commencing by the end of August. A draft operating agreement has been drafted with the assistance of the Historical Society and will be scheduled for review with the Council. 6. Reactivate the Morse Creek Hydro Facility via lease with private sector and complete environmental reviews (**) All repairs to this facility are now complete with the exception of the tailrace barrier, which has received concept design approval from WDFW. The concern is protection of the listed species offish. Discussions on instream flows still continue. 7. Conduct a Pool Project feasibility study (**) 0 -6- 176 LLL -L- • Tooj of pa z zafop aq lPm Maznai .rof _Tp(MI Iv aiv puv u2zsop IvuJpalaldzuoo anvq sloafoidluocd pun isg4 laa-uS ,.I., puu `os noD jloJ reau lsjid pue iuo i3 Suolu s}Ilumopis lorulsuoD '81 'EOOZ,fI.rva uz uoonoaxa iof asnoq-uz pau.;�zsap auzaq sz loafoid oomd TSqUT3 iu Iuui?ts ogjuzl u iorulsuOD L i •suozlvpuawwooa.c .rzagl uo uozsszuizuoo q ivd a agl of 8uzl-codi aq I zM puv suouv000 aa.�ryl uo lauc svg -Irrvd almis y fo ,, zy!gzsvaf agl 2u.idoldxa dhad uazzlzo aql glnM uare joj 3Ixed olu31s zoopino ut, jo luouidolanap JOJ lulluaiod agi azoldxg 9 i 'qi[[-cagwaidas iof palnpagos sz -ydom iaajunlon puv swoouoo d;afns dof na cv aql cvalo of lyaowai sof pay ivzu uaaq anvq saa zl uaapyLL wamod agl 2uzpunod2--pun uo 2uzouaumoo sz ay ioM puv qlr j lsn2nV uo panomad svm punod2,fvld plo aqj s3lred uos)louE[ put, suot7 It, luauzdinbo punoiSAuld aouldo-d 'Si 'slSzwzldo ioS aq; Xq pagsiulf aq dja-.rvl Ipm gozgM Isom aqz of Izoll agl fo uozsualxa puv `aSvu&v `sSuzluvld Ivuozlzppv san1onuz �YdoM 2uzuznurar aq,L wax? givd Xq palaldzuoo aiaM sluaurmaidauz 2uzdvospuv7 V6Z dInllzszt szq uo uvdvr `dl!D nslnN fo .so tvN agl q;!M rfuowarao uozlvozpap aql ..sof awzi uz pallvisuz svm a2pyq azll ,Qunisg NQQ.IO KatluA lu oSplig digspuolij agl jo uoilullulsui agl alaldwoo 't l •a2pyq rf, modwal aql 2uzovld uz parilortuz -IdoM louozlzppv ay) Y;!m 2uoly .iagzualdaS dfq uozlalduzoo pivMoi 2uzpaaao id acv sluazuanojduzz fo uozlon rlsuoD alts agl uo dnuualo agl gjjm aouaraj.zaiui uiog ltuzl agi oinoos put, (polnooxa) Ireis, luo ioluM lutuualuoD .roj 14radoid jomoknd ssonu luauzasua Suiluoll u alu11030M £ I •isnffnV alvl uz Mollof of Ivas 2of v g1zM pagszldw000v uaaq svq Ivas puvS loofozd uoiluzoisa21 laauS gig agl zoj lou.4uoo agl oziluuld 'ZI •Mama. Mau ffuzpuad ploy uo sz ssaz2azd •sauz1apzn8 pasodoid s,alvlS agl fo snivis aql Mama i of siauuvld auzlaiogs puv Ivisvoo riaglo qpm lana svg ffvls aqs •olo SumoZ uzuz2oz l zalstW souilazogS `dID `mid uoiltpodsutul luuois3X olupdfl -11 '99!1!1!.?Vffo svalauimvd u2zsap puv spaau sno.um uo oz1gnd aql ql!m s2uzlaaw oMl isval Iv palonpuoo svg puv anssz szyl 2uz coldxa uz pval aql ua4vi svy unv rg daquzawyounoo 3Iuu SuilMls-ooi XpniS •pl •uvld lfv.ip v dolatap puv alvinwiof'ol sdogs!yioM rfoua.8v puv `sMa.ilualuz rcaplogaalvis `d'a,uns uazzlzo v apnlouz sdals lxau azLL •ql6 j aunt uo IoogoS alpp N suatalS iv palaldzuoo svm dogs tom poogiogg.Szau Ivulfpuv qunof aq d satlipou3 puu `ooudS uodp `s31red.IoJ uuld aAisuagajduzoD agi olupdfl •6 HZ:Irlj oa - q1L I aunt paldopv svm 8II£' aouvuzp rp (*) care Suiuuuld umoiumo(j/zogzug agl uo sisugdwo ue gllm maiAaz VWf) .read -S agl .gad utld oAlsuagaaduioD agi aiupdfj •g •slsoo uozlowlsuoo ,Czvuzurz1add puv suo mala w.idalxa uo 2kLy ioM d1juai ino sz loapga iv agd •patoriddv uaaq svq 4.10M ypV.1of loalluoo Inuozlzppv uv puy `salvwzlsa Ivuozlviado panaamaj `food io aql .zof lno fvl puv uvld.coojf paugfa.cd v padolanap svq aallzururoo 2u.u3als food V 0 panosddv svq punct dzunmodd0 djunoO aq; `OQg aq; q;zna uoz;vzoossv uj loofozd zolugnoul ssautsng-IivtuS v aini sui •9 -dv r snN .so;vuaS puv .sodvN ag; 8u1pnjouz sazsv;zu�zp snoldv�t VAq;6;sn2nV uo pjaq svm duowa.sao 2uzajva.sq punosS v puv `;aafoidszq;•fib uoz owisuoo aq; pivmo; panzaaai svn-t;uvd2N p-rg V uojjvdtoijmd ajvntzd/Xouo2v otjgnd gjIm podoianap amjon4st,4ui loofozd dvD ogddeS •S .sadoja tap aq; dq mamas .Iof sajgvsanzjap jvulf aq;;zvmv puv ssaoo id sno fo aouapyuoo uz pvagv 2uzpaaoo.sd sz X110 azj,L •uoz;v2z;z1 fb;va rq; .stag; puv ;oalbsd aq; o; sio;vsado ja;oq jvooj uwpao fb uoz;zsoddo aq; uaaq svq uoz;vozjdwoo auO •dnoiD scaqumgo aqd `;uv;jnsuoo .ino puv i�zO aq; rfq maznai iof uvjd 2uz;a-yivw jvul aq; &uzlzvmv adv am puv `,,�.sadwd szg; fo asvgosnd a;v;z1zovf o; aSuvgoxa puvj aq; pato sddv svq a;v;S ag,L (**) joafotd Injss000ns u ioj ajnuzgo oilgnd L, gsilg iso puu slasodoid raluoD oouazajuoD alnnlnng •.v 'a;zs uo d4jyovf.Iafsuvs; a;svm v fo uoz;vsapzsuoo-IofDVAjE djunoO ail; o; jvsodo Id v apvw a�tvq anti `uoz;zppv ul ;oafo.sd Ja;vA vgnajd ag; g;zn1 pa;vzaossv sal ;zjzovf Iuaur;va r; .'a;vm aq; fib ;uazuaovjd.&uzu zaauoo 2uznuz;uoo a sv aai"ag s!j svd jvuoz;vN aq; q;zna suozssnosKT (***) 9002 ui amsolo sji joUt, rope IjUputt otp jo asn purl joj u131d jajsvW oqj luowolduzl £ ;oafosd a;v rvdas v sv ao IawzuoO fo .iagwvgD ag; apnjouz o; asn;on.c;s puooas y fo rC.;zjzgzssod ag; .Iof aouvmojjv r 4gyn apvza a�tvg am `ugzsap aqj g;zrbt 2uzpaaoo sd asv am a1zgM •naazltaiffv;s tof Euoz;voyzoadg :p suvjd jvuzd aq; fb asvgd uoz;ajdwoo /o9 azj; pagovas osjv anvq aA -ssaumo d4.sadosd jjv zipm anuzluoo suoz;vz;o8aAT •sauzjapin2 v—Tj .sad pato rddv sv s-4sv; uoz;zsznbov rfpadosd q;zna 2uojv 8uzpaaoosd sz ;oalbsd aqd (***) loafbi.1 � Akoj f) oql zoj uogonusuoo pun ails oqj aznooS •Z •spunfaa;uvcvn2 puv ansasas g2nosq; pajpuvq aq jym £OoZ uz;uawdvdaz puoq agd •.ino sq a;visa Iva I ino g2no sq; ajvs jv;o; sof pa saf• fo uaaq svq ;nq `sa;v;sd sjaasO szuug tof;vjd;togs djvuzusz1asd v q;zna pa�tosddv uaaq svq dicadosdagd asn zoj ueld ssautsng L, dolanap put, f4iadoid izznf) IaQ jo3jnW j 9130foid / suivJ20.1d •vjnsuzuad azduidjp q;.roAT aq; fo .sa;uao tzar;an puv axAJas azo; sv aauauzuso rd s,,Ozunususoo aq; ggjqv;sa puv Iasvq jvz r;snpuz puv ssauzsnq .Ino .Iof suoz;vazjddv aAz;vaouuz puv dSojougaa; gkrq .iof saz;zun;.roddo aq; a;ouso rd 11.Ioddns puv asn;an r;sv r• fuz a;vnbapv aPzaord Isaz;zaz;av pasvq-axtnosar puv Ozunwwoa aq; poddns `asvq azusouooa aq; cf,�;!vaazP gazgm susvi2o.id puv sazozjodfo uoz;vuzgwoa v gffno.Iq; dfusouooa s,,Ozunususoo aq; a;vjntuys JLN2 JO'I:IAaQ JI]NONO3a :rW09 0 • $1,025, 000 in funding. In addition an application to EDA for $1.5M has been prepared. We are working with the Skill Center/Business Incubator Design Review Committee on schematic design. 7. Initiate special event promotions to tourism such as the inaugural Port Angeles Mountain Bike Rendezvous to be scheduled in October. Partial funding has now been secured for the Discover America TV promotional on our community and we are awaiting further funding to initiate the program planning. Another upcoming promotion we are assisting is the Port's marketing of Airport Days September Fly -In. New Hood Canal Bridge Replacement Impact Discussions continue regarding the potential construction location of the pontoons and anchors for this bridge construction. GOAL: COMMUNITY LIVABILITY Protect, preserve and enhance the quality of living within our community which fosters a commitment toward excellence in environmental, cultural, social, and physical benefits to our citizens. and Ennis Creek, and will begin review on the Elwha later this Fall. 3. Develop and implement a Playground Safety Inspection Program Staff is reviewing all playgrounds in terms of safety and maintenance considerations and has a certified program - COMPLETE. 4. Review feasibility of accepting septage at the WWTP City and County staff have met and a proposal is being drafted for future consideration. -9- 179 • •saz;zo .saq;o ql!m spoffa .iaglo uz Dfl by ql!m 2uz;vdzozuvd a sv am puv,1qD aqj dq paldopv svm juawalviS V •aozpnfa id fo sanssz ttl!m 8uzlvap uz dl!unuruuoo aq; of j#auaq .ra, fro jvgj swv i2o id tagjo 2uznaaznayc puv slvoS ao iof 4svi gull luapz p svnaol apvur uaaq svq ssa s8o sd;va & `skd:. z g iodvN fo digssapvaj aqi sapun Dojo j xsey jrM-4jnD-jjjnW 144tunURUOD enaN •suozly iado Bons .sof sasnpaoosd puv sazoz1od mama r o; pa:ysv.8uzaq osjv sz aal;zurusoo uozlvuz coful ozpgnd azLL -uozloa.qp lzounoD uodn puv pooZ `aun` rfq ssaoosd szgl alvlzlzovf of sluazulzzuzuoo juawdznba uzvlsao paivyo2au svq djzD aqj `aszgouv.rf f apgvD puvlglioN aqi fo isvd sV (***) TZ Iauut,go uo sSuiloow oijgnd zaglo put, jtounoD STD Sutlsvoprozq jo 44ijjgjs-eaj oql azojdxg £ H1.a'IdNOD - s2uz.saffo lvzlzuz .cno uodn pasvq ssaoons 2uzwjag4ua�to uv awooaq svq ssvID p!V js�qd SII ozpaN aqd pre jszq uozilto II oipoW SuiIT4gsut jo A4ijigis of aql Suru oouoo aal4tuzuzoo ooq-pe ug dojanaQ Z •sluawlivdap uzvpao uz sa rnsvaw aouvzu sof zad.9upyov cj uz ;.roffa pamouaouoo v alv.rodsoouz of Suzuuvpd asv am puv 2uzuuz2aq;sn!'sz ssaoosd ja.&png azL (****) ss000id loSpng Irnuut, aqj olut somsuaw aou-euuojzad ojviocUoouI •j •,Couanjzjsuoo slz .sof poddns puv 2uzpuvjsr9pun ql!m vuozlounf gozgm uozlvzzuv2.io 1vdzazunzu a1Rvlun000n puv anzsuodsa i a.cous v alouzo id of .iapso uz uozlvozunususoo juauzu.sato2 - uazzlzo aoul smol vria I AI,INaIVI 03 :rlvOo • • NGELES WASHINGTON, PUBLIC WORKS & UTILITIES DEPARTMENT, DATE: August 20, 2002 TO: MAYOR WIGGINS AND CITY COUNCIL FROM: Glenn Cutler, Public Works and Utilities Director SUBJECT: Institutional Network Implementation Consulting Services - Monthly Status Report On June 18, 2002, Council requested a monthly summary of the consulting services and expenses for work under the City's Community Telecommunications Action Plan. This is an informational report on Metropolitan Communications Consultants activities during the month of July 2002. The advisory services include support with the I -Net fast-track and during construction of the I -Net backbone. I -Net Fast -Track Advisory Services (020 000 a„thnri7Prl flMPR7 Total $6,435.00 I -Net Backbone (construction Ac1v;cory ..'Prv;rPc (TZ,71; 000 niifhr ;�afl t,ir - - lk,,A--+N Task July Activity Billing Task July Activity Billing Plans & Specifications Review Foundy Networks equipment evaluation, $0.00 Project Management Support conference calls, other technical services $3,022.50 I -Net Service Agreement None $0.00 Development Completed during prior month. $0.00 Initial negotiation session, cost survey, other Service Agreement Negotiation technical services $3,412.50 Total $6,435.00 I -Net Backbone (construction Ac1v;cory ..'Prv;rPc (TZ,71; 000 niifhr ;�afl t,ir - - lk,,A--+N Task July Activity Billing Project Management Support None $0.00 Plans & Specifications Review None $0.00 Construction Phase Engineering None $0.00 Fiber Testing Observation None $0.00 Final Inspection None $0.00 1:1hIEM0SMccsummsry1.wpd In Total $0.00 CITY OF 1JORT.- i 0 WASHINGTON, U.S.A. • CITY COUNCIL MEMO DATE: AUGUST 20, 2002 TO: MAYOR WIGGINS AND CITY COUNCIL FROM: YVONNE ZIOMKOWSKI, FINANCE DIRECT R„Q SUBJECT: BUDGET AWARD AV I am very pleased to announce that the City of Port Angeles has received the Government Finance Officers Association (GFOA) Distinguished Budget Award for the 2002 Budget. This is the twelfth year in a row that the City has received this award. The City's budget was reviewed by a team of Finance Officers from other municipalities. Each section of the budget is then "graded" on its content, as well as whether it is easy to read and understand. This year, many of our ratings were Outstanding (highest) with the remainder marked Proficient (second highest). The written comments were very complementary regarding the proficiency of the document as a policy, the overall presentation, and the interesting pictures, graphs, and fun facts. I would like to take this opportunity to thank everyone involved for the hard work and cooperation involved in putting together an award winning budget. The support received from the City Council and staff members is outstanding and very appreciated. We have already begun the budget process for 2003, and I am confident we will again produce an exemplary document. 183 �.J • • • • GELES DATE: August 20, 2002 To: MAYOR WIGGINS AND CITY COUNCIL FROM: Marc Connelly, Director of Parks and Recreation Glenn A. Cutler, Director of Public Works & Utilities SUBJECT: Rayonier Mill Trail Improvements Status on Bridge, Project No. 22-17 This project is progressing along and nearly complete. The trail has been constructed, the fence has all been installed, and paint striping has been completed in the Rayonier parking lot as requested by Rayonier. We have received the estimate from our contractor to install the bridge over Ennis Creek. The work is to include excavation of test holes for the archeologist review of the site, installation of erosion control fencing, excavation of the footings and trail for the bridge, construction of concrete footings, transportation of the bridge from the Port of Port Angeles property to the site, placement of the bridge on the footings, and other work in accordance with the plans, specifications, and permits necessary to place the bridge across Ennis Creek. The cost is a lump sum item of $17,230.00. The price quoted to the Peninsula Trails Coalition was $14,143.91. The $3086.09 cost increase is to pay prevailing wage rates required for Public Works construction by a government agency. The increase also includes required erosion control, additional bonding, and overhead costs. We have reviewed the additional costs and concluded the increase is warranted for a Public Works project. We have also received a letter from Jeff Bohman of the Peninsula Trails Coalition outlining their expenses and the amount of money available to contribute to this project. That amount is $4000, not $5000 as was originally proposed. At the August 6, 2002 meeting, City Council approved an additional $20,000 for this project. The $4,000 commitment by the Trails Coalition will be expended prior to the use of these additional City funds. We have directed the contractor to proceed with the bridge work. This work will begin no later than August 21 and it is anticipated to be complete by September 4. 185 NACCOUNCIUDEPDWRaynier Mill Trail Improvements Statusmpd • 11 ROLL CALL Members Present: Members Absent: Staff Present: Public Present: MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 July 30, 2002 Special Meeting 6:00 p.m. Fred Hewins, Rick Porter (arrived at 6:10 p.m.), Leonard Rasmussen, Mary Craver, Fred Norton Bob Philpott, Chuck Schramm Sue Roberds Steve and Lynette Dryke Vice Chair Hewins called the meeting to order in the absence of Chair Schramm. APPROVAL OF MINUTES There was not a quorum of those present at the July 10, 2002, meeting at this point in the meeting. The minutes were continued to later in the meeting when Commissioner Porter would be present. PUBLIC HEARING: AMENDMENT TO CONDITIONAL USE PERMIT - CUP 02-01 - DRYKE - 310 Jones Street: Request for amendment to a conditional use permit that would allow an increase in the area of an indoor remote controlled car recreational use from 4900 to 5400 square feet in the Commercial Office zone. Assistant Planner Sue Roberds presented the Departmental report recommending that the amendment be approved. Vice Chair Hewins opened the public hearing. (Commissioner Porter arrived at this point and indicated that he had read staff's report.) Steve Dryke, 719 South "N" Street, thanked the Commission for their consideration and was present to answer questions should there be any. Lynette Dryke, 719 South "N" Street, asked for clarification of the parking spaces required for the activity. Planner Roberds responded that although the site plan indicates that 17 spaces are possible, only 11 spaces are required, so there is some flexibility there. There being no further questions or testimony, Vice Chair Hewins closed the public hearing. 187 Following brief discussion, Commissioner Porter moved to amend Conditional Use permit CUP 02-01 to allow an increase in area of the structure to 5900 square feet with the following amended conditions, findings, and conclusions: Conditions: 1. Development of the commercial recreational use at 310 Jones Street shall be as proposed in conditional use permit application (CUP 02-01) and site plan as amended on July 24, 2002, for Steve and Lynette Dryke. Off-street parking wi44 shall be established per Citv standards at a minimum of 11 off-street parking spaces and wi44 shall be reviewed at the end of one year to determine if additional parking is needed. 2. A separation wi-H shall be constructed such that the 3+09 3680 square foot track area wAff shall not be accessible to the public and wi44 shall remain for use only as a track. If additional changes to the site plan are intended, an amendment must be requested and approved by the Planning Commission prior to such change being implemented. 3. Hours of operation shall be restricted to from 3 p.m. to 9 p.m. Monday through Thursday, from 10 a.m. to 10 p.m. on Friday and Saturday, and from 1 p.m. to 8 p.m. on Sunday. 4. A Zoning Lot Covenant shall be filed joining the two lots as one building site. 5. The address of the residential unit at 310 Jones Street shall be changed to be 310 1/2 Jones Street. Findings: Based on the information provided in the Staff Report for CUP 02-01 dated February 13, 2002, and the amended staff report dated July 24, 2002, all information in the public record file, comments and testimony presented during the public hearings, and the Planning Commission's deliberations, the City of Port Angeles Planning Commission hereby finds that: 1. Steve and Lynette Dryke submitted a conditional use permit application (CUP 02-01) on January 11, 2002, to allow a commercial radio -controlled car recreational activity in the Commercial Office (CO) zone at 310 Jones Street. The proposal is described as a family oriented activity located on Lots 17 and 18, Block 11 Puget Sound Cooperative Colony Subdivision to the Townsite of Port Angeles. 2. On Mav 31.2002. an amendment to CUP 02-01 was submitted by Mr. and Mrs. Dryke which proposed an increase in the track area of the use to 3680 square feet from the originals approved 3100 square feet an increase of 580 square feet The amendment proposes an overall change in the structural configuration from 70'x 70'(4900 sq.ft. to 68'x 80'(5440 sq ft) Lot coverage for the amended proposal would result in 39% rather than the originally proposed 35%. Lot coverage for the CO zone is permitted at 45%. -2 3. The site is located at the northwest corner of Jones and Georgiana Streets. The 14,000 square foot site is developed with a small residential unit at the northeast corner of the site off Jones fl ::3 Street. The nonconforming structure does not comply with any of the development standards required in the CO zone, nor does it observe vision triangle setbacks. 34. Business and professional offices, child day care centers, and preschools are outright permitted uses in the CO zone. Churches, public parks and recreational facilities, business colleges, music, art, and dance schools, are conditionally permitted uses in the CO zone. 45 Residential uses are permitted in the CO zone with development standards per the City's Residential Single Family (RS -7) zone. Residential uses permitted per the City's Residential High Density (RHD) zone are conditional uses in the CO zone. 36 Eleven (11) off-street parking spaces will be required for the multiple use site per the City's Parking Ordinance requirements. The original site plan indicated a proposed 19 off-street parking spaces. The current parking plan provided with the amendment indicates 17 off-street parking spaces. Off-street parking must be improved per the Public Works and Utilities Departments standards. Parking was calculated given the use areas as proposed by the applicant in the site plan submitted January 11, 2002. Areas which require dedicated parking have not been increased under the current proposal. 67 The applicant has operated an outdoor radio -controlled car race track activity on the site for approximately the past 4-5 years. The City has not received any written complaints from neighbors regarding the use. -78 The site was posted and public notices regarding the amendment proposal of applieatio were mailed to property owners within 300 feet of the property on Jarmary 18; 2-ge June 25, 2002. Legal publication appeared in the Peninsula Daily News on Jarm 23, 2002, June 26, 2002. One comment was received by a neighbor. Mrs. B.C. Douglas. who wrote in favor of the amendment. 89 The City's State Environmental Policy Act (SEPA) Official issued a determination of nonsignificance on February 8, 2002, per WAC 197-11-355. The amendment was reviewed for compliance with the original permit approval. This satisfies the City's responsibility under the State Environmental Policy Act. 910 The site is served by Jones and Georgiana Streets. Both Jones and Georgiana Streets are fully improved access streets with curb, gutter, and sidewalk. Front Street is located one block south of the site and is served by Clallam Transit. 4-611 The Comprehensive Plan and Land Use Designation for the subject property is Commercial (C). -112 Zoning of the site is CO, Commercial Office. The purpose of the CO Zone (Section 17.20.010 PAMC) "... is a commercial zone intended for those business, office, administrative or professional uses which do not involve the retail sale of goods, but rather provide a service to clients, the provision of which does not create high traffic volumes, involve extended hours of operation, or contain impacts that would be detrimental to adjacent residential areas. " Extended hours of operation were approved from 3 p.m. to 11 p.m., Monday through Friday WE under the original permit approval. The operation plan is not being changed in this amendment. X13 The CO Zone does not encourage the retail sale of goods to the public. The applicant has stated that on-site retail activities will serve mainly those persons using the track. 4-3,14 Construction of the approximately 5440 square foot building will require compliance with the Uniform Building Code, Fire Code, and Electrical Code. 4-415 Conditional use permits are approved for a specific use at a specific location and may be amended as follows: Section 17.96.070 F. Minor Amendment of Approved Conditional Use Permit. 1. Upon written request submitted to the Planning Department, the Director of Community Development may approve a minor amendment to an approved conditional use permit if: a. The amendment does not increase the intensity of the use by more than 10% of the original approval: b. The amendment will not be materially detrimental to the public welfare or injurious to properly or improvements in the vicinity and zone in which the subject property is located: and C. The site has been posted and adjacent property owners notified fifteen ,15Lys prior to the decision. 2. Any applications that are not granted a minor amendment by the Director is of Community Development pursuant to this section must obtain an amendment through the City's normal conditional use permit procedure. 4-516 Section 17.96.050 PAMC Conditional Use Permit provides that "The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. The Planning Commission may refuse to issue a Conditional Use Permit if the characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. In each application the Planning Commission may impose whatever restrictions or conditions they consider essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property." +617 Conditional uses permitted in the Commercial Office zone per Section 17.20.160 PAMC include art galleries and museums, assisted living facilities, beauty shops and barber shops, business colleges, music, art, and dance schools, businesses selling medical supplies, goods, instruments, medicine and similar items, chemical dependency treatment centers, detoxification centers, libraries, nursing and convalescent homes, public parks and recreation facilities, residential care facilities, residential uses that are permitted in the RHD zone, and other uses that are,determined to be compatible with the intent of the zone. 9 190 Conclusions: A. While the Commercial Office zone does not specifically permit commercial recreational 0 uses, other similar uses are permitted either outright or as conditional uses in the CO zone such as child day care centers, pre-schools, public parks and recreational uses, music, art, and dance schools, which are youth/family oriented. The Planning: Commission determined on February 13, 2002, that the subject activity complies with the purpose of the CO zone by approval of CUP 02-01. B. The proposed use as amended is conditioned such that no significant impacts to surrounding uses or properties should occur as a result of the conditionally approved activity. The amendment does not significantly alter the originally proposed activity. C. As conditioned, the amended use is in the public interest. D. The site is served by adequate public services including but not limited to electric, phone, sewer, and standard City street improvements. • E. As conditioned, the proposal is consistent with the intent of the Comprehensive Plan's Commercial Land Use Designation and the goals and policies of the Comprehensive Plan specifically Land Use Element Goal A, and Policy A:2, Residential Goals B and C; Commercial, Policy D.1, and Policy E.3; Transportation Element, Policy B.14; Utilities and Public Services Element Goals A and B, and Policy E.6. F. The Comprehensive Plan allows for subordinate and compatible uses within different zones. It also encourages the City to support the provision of recreational activities for the public. G. The proposed use is conditioned such that it complies with the intent of the Commercial Office zone as such that it is compatible with adjacent uses. H. The use as amended and conditioned is in compliance with Sections 15 (Environment) and 17 (Zoning) of the Port Angeles Municipal Code. I. Because the amendment results in greater than a 10% increase in the area of the activity, the Director of Community Development may not act administratively on the amendment. Such an amendment must be considered by the Planning Commission. The motion was seconded by Commissioner Norton and passed 5 - 0. COMMUNICATIONS FROM THE PUBLIC None. STAFF REPORTS Sue Roberds indicated that as there are no applications pending for the August 14, 2002, regular meeting, it would be cancelled unless the Commission wished to meet. The meeting will be cancelled. 191 Planning Commission Minutes July 30, 2002 Page 6 REPORTS OF COMMISSION MEMBERS None ADJOURNMENT The meeting adjourned at 6:21 P.M. Sue Roberds, Acting Secretary Fred Hewins, ViceChair PREPARED BY: S. Roberds • 0 luj • YpORTq" G�y OFFs CITY OF PORT ANGELES AVERAGE ELECTRICAL USE PUBLIC WORKS & UTILITY DEPARTMENT r- MONTHLY REPORT �B<icR�r<,12 JULY 2002 THIS YR TO DATE AVERAGE DAILY WATER DEMAND VST YEAR TO DATE (MG) THIS YEAR TO DATE (NO) 3.13 SEWERISTORM-SYSTEM MAINTENANCE MONTX (IT) YR. 'SEWER SYSTEM JETTED ; 7253 01617 ISTORMDRAMSJETTED 0 6mi SYSTEM TV INSPECTED 0 2.,36j j TOTAL LANDFILL DISPOSAL; ( LANDFILL ANNUAL TONS THIS YR TO DATE (TONS) 25.503 LAST YR TO DATE (TONS) 26.485; RAINFALL LL X 5A =1 2001 11111112002 10 Ywr Avwage RAINFALL DATA (Inches) AVERAGE ELECTRICAL USE Fl.:: -AVG. TOTAL TO DATE LAST YEAR TO DATE (M Kx) 03.9319 THIS YR TO DATE �2. THIS YEAR TO DATE (M Kw) 30.7593 RECORD HIGH THIS MONTH 'RECORD LOW THIS MONTH_ 0.001 193 ,.i 0' POM q"," PUBLIC WORKS & UTILITY DEPARTMENT `I" MONTHLY REPORT WATER Repaired 1 fire hydrant that was hit by a vehicle • Changed out 6 nonfunctional water meters Repaired 11 water service leaks Installed 11 water services Repaired one 10" and two 2" water mains Extended 2" water main on Church Street Assisted in city wide "street grinding" project WASTEWATER COLLECTION Assisted in city wide "street grinding" project Conducted sewer locates and dye testing for confirmation of flow direction • Continued preventative maintenance at pump stations #1 - #10 Began development of "Standard Operating Procedures" checklist for pump stations WASTEWATER TREATMENT NPDES monthly report stowed no violations Worked with local dischargers on pretreatment issues Performed process control on secondary treatment system Sampled groundwater monitoring wells at the landfill Replaced control valve and drain valve at the leachate lagoons Removed brush and inspected liner at landfill stornwater pond Repaired pump station #2 at landfill Land applied biosolids Installed drain pipe and crushed rock to control groundwater seepage EQUIPMENT SERVICES j Work Orders: 96 Service Requests from Danvers Tire: 20 Service Orders: 20 Full maintenance services by Danvers: 9 #1580 Air Sweeper -Repair starter #1742 Utility Truce - New switch assembly and battery #1890 Toro Mower - Repair wheel bearings, rear suspension, wiring #1905 Peterbuilt Packer- Rebuild alternator, repair fuel leak, rewire • #1907 Peterbuilt Packer - Repair hydraulic pump and PTO box #1909 Cat Dozer- Install new turbo #1911 Peterbuilt Packer- Miscellaneous repairs #1915 Cat 816b Compactor - Repair transmission • #1917 Cat Loader- Repair transmission #1945 Ford Ranger - New vehicle prep LIGHT OPERATIONS Tested 12 meters Completed maintenance work on Daishowa lines Set up and maintenance for Arts in Action Emergency work at Industrial Park SOLID WASTE RECYCLING: ' Grant reimbursement received 2nd quarter COLLECTIONS: Total 90s placed for conversion: 2112 Requests for recylinrg services in conversion area: 350 ' Special collections due to conversion: 21 Special Collections: 96 STREET Grinding & repairing of 5th, 15th, and Cherry Streets and Laundsen BIW. Fix damaged guardrail at Oak and Cherry Haul Eco -Blocks to Landfill Citywide Mowing and Herbicides Grade and gravel alleys General building maintenance Assist and support "street grinding" project Assist and support special events - Parade, Farmer's Market, Arts in Action Finish building cement vault for water meters at 14th and Chase General sign maintenance Monthly safety meeting Valley Creek water line owssing completed Crown Park design support Circuit Switdter design contract support Elwha Dam removal mitigation support ' I & 1 Pilot Program support Gateway Project design support ' 2002 Paving contract awarded Laurel Street Slide Repair support Morse Creek culverts completed Waterfront Trail: Rayonier to Lee's Creek design support Signal design: 5th and Race • Centennial Trail through Rayonier Mill construction support Conc Cyln waterline design support Carnegie Library contract awarded Stormwater Management support Compost Facilities construction support Del Guzzi subdivision support Fire Hall roof repair support Front Street sidewalk design completed Lauridsen BIW. sidewalk design "I' Street sidewalk design -Warehouse Mezzanine contract support 2002 Electric Design Contract support Peabody Reservoir Cover bids rejected Pump Station #2, 5 & 6 bids rejected Water/Sewer replacement design support PCB Warehouse design support 194 • Zb1 9 i LS 0 0 9Z of 0 Z Z 0 1 0 Z I 0 9 Z 9 1 Z I Z 9 0 (10/6 CLLA ueSag) 9 QZA IOOZ HIVQ 012IVgA A6 L T- ITTad EuipRi0 puu Sui118013 0 Iuouiao"Jug apoa 6 Iiuuad 2uipling isuOLLVJI'IddV A*.gIAaH LNIHWdo'IgngQ 0 aourogiugiS Jo suoil-auiuualaQ 0 aomogiusiSuoNlo suoileuiuziala(I pa4132111W L aousogiusiSuoN jo suoilruiuuolaQ :ADI'IOd 'IV.LAi3WN0HlAAia VdaS z seaiV -suaS AiIuluauiuoiinug 0 liuuad PuUBaA1 I uoilduiaxg auiiaioilS 0 Iiuuo l IuauidotanaQ IeuuelsgnS ouilwoilS 0 aoMiren 5uR.zed 0 uoil'aoRn Iaa4S 0 uoilt;inaQ JOUTW 0 aou73uVn 0 Iiuuad IseiItlazg put pag 0 liuuad PDMS iitlla2d p Iiiivad uoilednoop auiog I IuauilsnfPV oui7 Anpunog 0 uoisioaQ uoisinipgnS I.iogS 3o poddd 0 Irld jjo qS 0 uoisinipgnS 0 uoiltxouud I Izaddd Ilumd asn ImoilipuoD 0 uoisualxg Iiuuad asn IeuoiIipuoD 0 Iiuuad as fI puoilipuoD 0 luouipuouid opoo isdpiunW 0 auoza- HINOW .LN3U'dIIj :S OI.LVDI'Idd'V 9NINNV'ld ,LAIgUUfl3 liodag XIuluoW - ZOOZ `Xinf uotsiAla 2uluu id IuouxdotanaQ f4lUnuzuz00 jo IuauzliedaQ ..Lagos jauu,ld IurlsissV `spzagod onS :No -dA szaguzaW pounoD XI!D put, suiHiAk zoXvw :OZ ZOOZ `OZ Isn-9nV :gLVQ 1N3WdOl3A3Q AIINf1WW0o :10 1N3WIMVd3Q `N 0 1 EJ N 1 H S V M .......... to • 9 --�--_ . 1�i1��if 2�7.) • Port Angeles Fiore Department It is the purpose of the Port Angeles Fire Department to improve the quality of life for the citizens and visitors of the City while providing a broad range of services designed to save lives and property. Monthly Report 197 PAFD Monthly Report for July 2002 . Operations 2000 2001 2002 % increase 591 Permits/Plan reviews to date 23 51 or decrease 14 9 Number of public education contacts to date 398 over previous year Total number of calls to date 1,562 1,707 1,968 13.2 i Total Medic I patient contacts to date 1,311 1,317 1,459 9.7 1 Total number of volunteer firefighters N/A 697 686.5 1.5 1 hours of service to date Average daily responses per crew this 6.4 7.9 10.8 26.8 1 month Operations • Call volume for the Department continues to increase. The Department has already responded to 2,000 calls for service this year and we are on pace to respond to 3,300 calls before yearend. In comparison, The Department responded to 2,542 calls in 1997 and 2,070 calls in 1992. 0 This increase in call volume creates a number of challenges for the Department: ► Increases the number of back-to-back calls for services ► Decreases time available for training ► Decreases time available for fire prevention activities • The Port Angeles Fire Department received official notification from FEMA that we have been awarded a $13,000 grant for the purchase of personal alert safety devices. PAFD was among the first departments in the country to receive a Fire Act Grant. Prevention 2001 2002 Fire and life safety inspections to date 624 591 Permits/Plan reviews to date 23 51 Number of fire investigations performed to date 14 9 Number of public education contacts to date 398 2,058 0 0 PAFD Monthly Report, July 2002 Page 2 11 Prevention We met with a group that is planning the Port Angeles History Weekend Underground Tours. We toured the underground areas that the group plans to visit and we provided input for safety requirements. We provided fire safety training for groups from Senior Information and Assistance and the Department of Social and Health Services (DSHS). Training 2001 2002 1,591 1,758 Career personnel: Total number of training hours to date (21 career firefighters) Volunteer personnel: Total number of training hours to date (22 volunteer firefighters) 712 752 Number of citizens trained in CPR to date 162 215 Number of citizens trained in first aid to date N/A 136 Number of citizens trained in disaster preparedness N/A 25 Training We postponed a planned training burn scheduled at an abandoned house by the golf course. A county -wide burn ban went into effect the day before the burn was to occur. We will continue to use the house for various training exercise and look forward to conducting the burn in the fall. Coral Wheeler, Administrative Assistant, completed a course provided by the Health Care Financing Administration (HCFA). Coral is becoming more proficient with electronic ambulance billing and will be attending additional training classes in Seattle and St. Louis. Department News Together with the Police Department, we met with the City Council Public Safety Committee on July 9. The agenda covered a review of the draft fire alarm ordinance, a discussion of the upcoming 1/10 of 1% tax ballot issue, and a presentation on the new Fire Department agreement with Arrow Launch. Ticket sales have been brisk, with hundreds of folks buying chances to win a fire station playhouse built by department personnel. Proceeds from the ticket sales will go to help fund the Port Angeles Community Dream Playground, with sales eYOd to raise $10,000. The winning ticket will be drawn September 15. 5� 1w 201 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. ♦ On Tuesday, July 2nd, just before midnight, a white male entered the 76 Roadrunner convenience store, located at 1023 East Front Street wearing a dark colored stocking mask over his face, and brandishing what appeared to be a .45 caliber semi- automatic handgun. The gunman confronted a clerk at the counter demanding money. A second clerk, who was stocking shelves, heard the commotion and stood up to see what was happening. The perpetrator immediately pointed his gun at the clerk and ordered her to the floor. The suspect then took the contents of the cash register, ordered the second clerk to the floor, and fled the building with an undetermined amount of cash. Approximately one week later the Market Place grocery store, located just east of town, reported a similar robbery attempt. Various leads and evidence collected following the robbery indicated that a Port Angeles man was the prime suspect. On Tuesday, July 23rd, detectives served search warrants on two separate residences within the city. After conducting a series of interviews, on Wednesday, July 24s, a male was arrested and booked for the armed robbery, as well as being a felon in possession of a firearm. Police also recovered a semi-automatic handgun believed to have been used during the robbery. Police believe the man is also responsible for the Market Place robbery and are sharing their information with Sheriff's Detectives. The suspect's history includes previous convictions for robbery and burglary in other jurisdictions, as well as sundry drug and alcohol violations. He is also a wanted fugitive, having an outstanding felony warrant from Oregon for parole violations. A July 22, 2002 Port Angeles Police received a report of a bomb on Ediz Hook. Officers arrived on scene and found a 5" pipe bomb. Such devices are extremely hazardous and can be easily set off by jarring, bumping, or dropping. The device had an unburned fuse exposed. The area was cordoned off and bomb technicians were requested from Kitsap County Sheriffs Office and Bremerton Police Department. The bomb technicians disabled the bomb by placing and igniting a secondary explosive over the device, thereby making the pipe bomb harmless. A On Tuesday, July 23rd, shortly after midnight, police received a report of a man running through the alley in the 1200 block of West 8`s Street, fining a gun. The suspect was described as being approximately 20 years of age, with blond hair, wearing shorts and no shirt. Upon arriving in the area, officers parked several blocks away to make their approach on foot. As they closed in on the area in question, they heard the sound of gunfire and rushed to the location. They observed a man matching the description given by the witness running from Shane Park to the alley across the street. Officers gave chase and found the man attempting to hide in the shadows of houses in the area. He was quickly taken into custody but did not have a firearm with him. Officers began checking the area and located an SKS assault rifle lying in the bed of a pickup truck. The weapon had a large 30 round magazine and it appeared two rounds had been fired from the weapon. Officers arrested the male suspect and booked him for weapons violations as well as reckless endangerment. He was also found to have a small amount of marijuana on his person. This case has been referred to the City Attorney's Office A On Saturday, July 27"`, officers spotted a man who was known to have an arrest warrant for alcohol related offenses walking in the 1000 block of West 7d' Street. Officers stopped to talk with the man but he immediately fled. Several officers were in the area and after a brief foot chase and information provided by neighbors in the area, the suspect was found hiding under some bushes against a garage in the alley. After placing the suspect in restraints, police looked under the bush where the suspect was hiding and found three neat packages of a dried plant material that field tested positive for marijuana. In addition to the warrant, the suspect was referred to the prosecuting attorney on charges of possession of marijuana with intent to deliver. Page 1 202 • • • DETECTIVE BOB ENSOR On July 1, 2002, Bob Ensor was assigned to the the Detective Divison of the Port Angeles Police Department. Bob has been a commissioned officer with the city since July of 1993. Previous to his employ- ment with Port Angeles police, Bob was an offi- cer with Port Townsend Police Department. Bob completed the Washington State Criminal Justice Training Commission Basic Law En- forcement Academy and has attended training in Narcotics Enforcement for Police Officers, and Narcotics Investigations, including visual identi- fication of drugs, During his career as a police officer Detective Ensor has been responsible for or assisted with investigations of homicides, sexual assaults, fel- ony and misdemeanor assaults, property crimes, forgery and controlled substance laws. Bob enjoys his chosen field of law enforcement and looks forward to serving in the Detective Division. u Page 2 203 Port Angeles Polic( New Canine Offices Kilo Officer Allen Brusseau has a new partner, friend, and trainee. His name is "Kilo". Officer Brusseau and Corporal Kevin Miller picked up Kilo August 15, 2002 from Kraflwerk K-9 Kamp in Rochester. Washington. Kilo came from Germany and his reg- istered name is Indigo vom Spadener Holz. He was born November 1, 2001. He will be getting acquainted with his new home, his new handler, and his new department until he starts his training January 2, 2003. Officer Brusseau has been waiting a long time for the right canine and he is looking forward to the training. Kilo is the second canine officer of the Port Angeles Police Department. Arco joined the force in 1996. Arco's handler is Cpl. Kevin Miller. Officer Arco Communications Officer Sam Baughman Chosen Telecommunicator of the Year! On May 24, 2001 at 10:27 p.m., 30 minutes before he was to go off duty, Communications Officer Sam Baughman found himself in the unusual position of acting as a suicide preven- tion counselor for a disturbed individual. A caller desired to commit suicide by threatening responding police officers and forcing them to use lethal force against him. In the profes- sion, this is known as "suicide by cop." The individual is a diagnosed paranoid schizophrenic and has been involved in several violent incidents including a shootout with Yakima County Sheriff's deputies several years before. Although 9-1-1 centers receive calls from distraught individuals, rarely are communications personnel involved to the degree in which Mr. Baughman found himself. Sam remained on the phone with the person for an hour and 19 minutes until a trained negotiator could respond. The negotiator coached Sam an additional 20 minutes until he was able to intervene and relieve Sam. Mr. Baughman maintained commendable presence of mind establishing immediate rapport by sharing personal anecdotes and remaining focused. He continually updated the incident in the computer with important informa- tion for responding officers. He was caring and empathetic, appealing to the caller enough so that assistance could be ob- tained and the situation resolved without injury to officers or the fellow needing help. Sam has had no training in negotiat- ing skills at this level but handled himself and the situation professionally. His actions were instrumental in bringing this situation to a successful conclusion. It could easily have re- sulted in another violent confrontation with law enforcement. Mr. Baughman has been employed by the Port Angeles Po- lice Department since October 27, 1999 and so had only a year and 7 months tenure as a Communications Officer at the time of the incident. He has no previous experience in public safety. Mr. Baughman received a commendation and a Su- perior Performance Award from the City of Port Angeles for his actions. He was nominated for an award from the Wash- ington Chapter of the Associated Public -safety Communica- tions Officials, International, an organization of public safety communications professionals with over 500 members. On June 27, 2002, Sam was honored with APCO's Telecom- municator of the Year Award for Critical Incident. PERSONNEL UPDATE L,l, Tonya Ahsoak-Stevens Tonya and her family will be moving to Seattle this month. Ryan, Tonga's husband, has accepted the position of Vice Principal with Cleveland High School. Tonya has been a Communications Officer for two and a half years and she will certainly be missed. Tonya plans on completing her degree as soon as she can. As a mother of two, she's pretty busy but also very organized. Congratulations Tonya and Ryan on your new adventure. We wish you all the very best. Eric M. Frey Eric's first day of employment as a Communications Offi- cer with the City of Port Angeles was July 15, 2002. Eric is a native of Washington and attended school here in Port An- geles and in Anacortes. Eric served in the United States A' Force before returning to Port Angeles. Eric is married to Stephanie and they have two children, Abigail and Anthony Jesse Solway Jesse Solway is an employee of Olympic Community Action Program, but on loan to the City of Port Angeles Police Depart- ment for twenty hours per week until March 2003. Jesse has lived in Port Angels most of his life and attended Port Angeles High School for 4 years. He is currently attending computer courses at Peninsula College, hoping to eventually enter the Net- work Engineering field. Jesse and Sandra, his wife, spend a ma- jority of their time with their two children, Sierra and Taylor. They read books, play games, go the park and watch movies to- gether. Jesse enjoys reading technical periodicals including, "PC World" and "PC Magazine." He also likes to play computer games, and take scenic drives. Jesse has been assisting the Records/Property and Evidence Di- vision since he started working on June 19, 2002. We are fortu- nate to have Jesse here and appreciate his computer skills, esp cially his expertise in desktop publishing. Page 3 204 C7 0 0 PAPD CFS (Calls for Service) 1910 11,414 ❑ Month 1112002 DISPATCHES FOR PAPD COUNTYWIDE 911 CALLS 1819 10,792 ❑ Month N 2002 2709 16,380 ❑ Month ®2002 2002 ARRESTS 633 196 1 98 37 C3 11 ow Adult Adult Juvenile Arrests for Juvenile Arrests for Arrests for Year Arrests for Month Year month Page 4 205 25 15 10 61 TRAFFIC VIOLATIONS For The Month 21 1 L f 0 Expired Insurance Fail to Follow Too Speeding- Seat Belt All Other Veh Violation Stop - Sign Close School Violation License Zone 15 600 500 400 300 200 100 0 2002 TRAFFIC COLLISIONS OAccidents for the Month ■Accidents for the Year Page 5 206 • 7 • OF PORT j V v__ 0�� DEPA��, • omicide 0 0 1 1 RaSex Offenses ;Robbery-Ail 0 2 0 7 UIBC/Fraud/EmbezzletProperty 1 5 1 6 Assauft-Fellony 2 21 6 19 Assault -4th 14 132 38 193 Bur la -Residential 5 47 6 57 Bur la her 7 35 6 33 Theft -Shoplifting 9 55 3 51 Theft -from Vehide 7 100 9 125 Theft -from Bldg 7 77 7 79 Theft-Vehide 2 22 0 11 Theft -Other 15 91 13 92 Arson -al 0 1 3 6 Total 69 588 93 680 Offense Resisting/Obstructing Current Month 0 Total 19 /0 2 .. // 9 Stalking/Harassment/Endangerment 3 32 7 46 UIBC/Fraud/EmbezzletProperty 5 45 5 45 Malicious Mischief -Felon 0 30 8 30 Malicious Mischief -3rd 2 62 14 121 Weapons Violations 3 23 2 15 Crimes Against Child/Sex Offense 4 22 1 21 Drug Violation 11 59 7 67 Domestic - Verbal 6 21 11 33 DUI 5 51 8 64 Alcohol Violations 12 51 7 47 Violate Protection Order 1 22 11 64 Runaway 7 75 9 69 Miscellaneous/Other 12 61 6 56 Total 71 573 98 687 Page 6 207 52 58 > > > >> a v T 0 z cn < o Q m o o o 0 CD o a CL m m y v> Revenue 2002 $1,070 2,247 2,697 16,947 • 171 11 REPORT ON DETENTION ADMISSIONS Youth Under the Influence at time of Admission For approximately 7 weeks (June 4ch-July 25`h, 2002) Clallam County Juvenile & Family Services collected urinalysis and breathalyzer test results for all youth (10-17) admitted into the detention facility. This was initiated for two reasons: (1) To see what the actual use of the admitted youth was rather than rely solely on detention officer field survey and (2) To help staff determine any potential medical issues and necessary watch requirements to ensure youth safety. • The urinalysis test used is a multi -drug screen test panel through Comprehensive Toxicology Services, testing for THC and Methamphetamine only. • To collect breathalyzer information, the Intoximeter Alco -Sensor III was used. This was a temporary detention policy with the exception of the breathalyzer which is routine upon admission. All youth were required to perform the tests. If a youth was not under court supervision, the rapid test was used for medical purposes only. If a youth was on court ordered supervision and required to submit to random U/A's and/or Breathalyzer testing, any positive results from the quick test were sent off for formal laboratory testing of all standard substances (THC, Amphetamine/Methamphetamine, Opiates, Cocaine and Ethanol). Additional testing can be requested for Barbiturates, Methaqualone, PCP, Benzodiazepine, Methadone and Propoxyphene. Total Detention Admissions: 119 # Youth testing positive for THC: 70 (59%) # Youth testing positive for Meth: 4 (3%) # Youth testing positive for both THC & Meth: 3 (3%) # Youth testing positive for Alcohol: 19 (16%) # Total youth testing positive: 96 (81%) In addition, Coricidon, an over the counter medicine, has also become a popular drug to use in mass quantities, anywhere from 20-50 pills at a time. This medication can cause major physical side affects including liver damage. In summary, almost 81 % of the youth admitted to detention were under the influence of one or all of these drugs. These results do not include testing for other legal or illegal drugs which potentially would push these numbers even higher. It reconfirms the crisis status of drug/alcohol use that we were already aware of in our community. These numbers are not surprising and initially the methamphetamine use was anticipated to show a higher result. Potentially, both methamphetamine and alcohol statistics are much higher as both of these have a fairly short time frame of remaining traceable in an individuals body. 209 300 250 200 150 100 50 0 Clallam County Sheriffs Department - Corrections Division Population Statistics thru July 2002 a 4 Bookings & Release Percentage by Category Aug Sep Oct Nov Dec Jan Feb Mar Apr May June Ju ■ Bookings M Releases N Post Misc 23% Pre- 20% re 20% Other 6% Post - Felony 13% Pre - Felony 38% 160 136.8 140 —�;� 116.8 123.9 440 115 121.2 121.4 124.5123.7 120.4 120 102.698 00.2 107 104.7 100 97.9 As Capacity 80 ------ - 96 60 - 40 20 15.5 18.9 18.1 14.8 14.2 15.4 4.3 16.2 5.7 0 Aug Sep Oct Nov Dec Jan Feb Mar Apr May June July ■ Total ADP M Mate ■ Female kr Total ADP months 1 2002