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HomeMy WebLinkAboutAgenda Packet 10/16/2001 ,--- I I' . >~ORTANGELES WAS H I N G TON, U.S. A. AGENDA CITY COUNCIL MEETING 321 EAST FIFTH STREET October 16, 2001 REGULAR MEETING - 6:00 p.m. A. CALL TO ORDER - Regular Meeting (6:00 p.m.) ROLL CALL- PLEDGE OF ALLEGIANCE - PUBLIC CEREMONIES, PRESENTATIONS AND PROCLAMATIONS 1. Presentation of Downtown Project Awards 2. 3rd Quarter Chamber of Commerce Report presented by Russ Veenema, Chamber Executive Director (verbal) 1 Presentation Verbal Report B. WORK SESSION . C. LATE ITEMS TO BE PLACED ONTmS OR FUTURE AGENDAS (By Council" Staff or Public) AND PUBLIC COMMENT FOR ITEMS NOT ON AGENDA (This is the opportunity for 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 Wastewater Treatment Plant Backup Generator 3 Approve Purchase E. CONSENT AGENDA 1. City Council minutes - October 2, 2001 5 2. Electronic Payments - October 5, 2001 - 11 $112,918.44 3. Check register - October 5, 2001 - $816,100.48 13 4. Payroll information as of September 30, 2001 29 Accept Consent Agenda F. CITY COUNCIL COMMITTEE REPORTS G. ORDINANCES NOT REQUIRING PUBLIC HEARINGS 1991 and 1992 General Obligation Bonds and 31 1992 and 1995 Electric Utility Bonds refinancing Adopt Ordinance H. RESOLUTIONS I. OTHER CONSIDERATIONS Lodging Tax Allocations - 2002 130 Accept Recommendation . NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK October 16,2001 Port Ange1esCity Council Meeting Page - 1 PUBLIC HEARINGS - QUASI-JUDICIAL (7:00 P.M. or soon thereafter) K. PUBLIC HEARINGS - OTHER Street Vacation Petition - STV 01-04 - Hophner, 138 Portion of Grace Street: A request for vacation/exchange of property located at Hillcrest and Grace (Peabody) Street. Hold Public Hearing and Adopt Ordinance L. INFORMATION 1. City Manager's Report/Calendar (Page 160) 2. GASB 34 Information / PowerPoint Presentation - (Page 162) 3. Planning Commission Meeting Minutes - September 12 & 26,2001 (Page 170 & 182) 4. Parks & Recreation Lodging Tax Report - 3rd Quarter 2001 (Page 188) 5. Police Department Monthly Report - September 2001 (page 190) 6. Parks & Recreation Monthly Report - September 2001 (Page 202) 7. Community Development Monthly Activity Reports - August 2001 (Page 220) 8. Fire Department Monthly Report - September 2001 (Page 222) M. EXECUTIVE SESSION (As needed and determined by City Attorney) N. ADJOURNMENT G:\CNCLPKT\AGENDA \01-1016. wpd . NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK October 16, 2001 Port Angeles City Council Meeting Page - 2 ~ FORTANGELES WAS H I N G TON, U. S. A. ---~ CITY OF PORT ANGELES CITY COUNCIL MEETING 1. CALL TO ORDER - REGULAR MEETING: II. ROLL CALL: Members Present: Mayor Doyle Councilman Campbell Councilmember Erickson Councilman Hulett Councilmember McKeown Councilman Wiggins Councilman Williams Staff Present: Manager Quinn Attorney Knutson . Clerk Upton B. Collins M. Connelly G. Cutler D. McKeen T. Riepe y. Ziomkowski III. PLEDGE OF ALLEGIANCE: Led by: (lOOJt-'k <-J..)pto^- October 16, 2001 to (2!J p. '11\ . ~ ~P''II\.' ~ V .~ \/ V/ ~ ':' 1 CITY OF PORT ANGELES · pORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEETING Attendance Roster DATE OF MEETING: October 16. 2001 LOCATION: City Council Chambers C;-oP /I:!:I-, 57 1/ I '/"L \ 2-th '~L ~ vJ, \.I~ (J:^ City of Port Angeles ~ORTANGELES Ordinance/Resolution Distribution List WAS H I N G TON, U. S. A. City Council Meeting of October 16. 2001 VlM1 ~f}Qq ~ ~ - ~A 'i....A 1<1J'Yu.l ,1 . 'rXJ.n I Q(J;I1Vl" rJA+ ~,v ~.", ~,J A . ,1{;. A ~ City Manager City Atty. (I) IV It/ 1~ Planning 'V City Clerk (2) ~ / ~ ~./ ~V Deputy Clerk (I) ,/ , / ,-/ Personnel Cust. Svcs. Finance 1/ ]V' Dir. /Mgr. Police Dept. Fire Dept. Light Dept. / Pub. Works (2) :L.V Parks & Rec. " / MRSC (1) I /' J / I ~ PDN (Summary) .~J MN\ I ~IIV\Mv' . Extra Copies 1- j" D n IV 1-. i~ D D Iv' 1,,-4.:00 I~ ~"t! hrJ, J / / / I TOTAL I ~ Q' q . . . DATE: To: FROM: SUBJECT: ~ORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO October 16,2001 MAYOR DOYLE AND CITY COUNCIL Glenn A. Cutler, Director of Public Works and Utilities Downtown Water Main and Sidewalk Reconstruction Award Ceremony The City of Port Angeles was recognized at the International Public Works Association Conference in Philadelphia, Pennsylvania as the recipient of the Project of the Year for the Downtown Water Main and Sidewalk Reconstruction Project in the $2 to $4 million structures category. This evening the Director of Public Works and Utilities who represented the City at the conference will present the award to the Mayor and City Council along with the national magazine article written about the project. Individuals and firms who were members of the team that designed, constructed and coordinated the project have been invited to attend this presentation. Individuals invited to attend represent the City of Port Angeles Public Works and Utilities Engineering Services Division; URS Consultants, Seattle; Northwestern Territories, Port Angeles; Lindberg & Smith Architects, Port Angeles; Primo Construction, Sequim; and Strider Construction, Bellingham. An inscribed commemorative brick will be presented to each of the organizations involved with the project. N:\PROJECTS\99-II\apwa award\cc Award memo_A.wpd 1 .. .. 'PMt II~, ~ 7)~ 1M de lIet11Je SitIe 01 de 'P~ Third Quarter Update Information: Brochures sent out: 2000 6,276' 2001 19,256 over a 300% increase Visitor Center door count: 2000 79,055 2001 86,222 a 10% increase Visitors to the Chamber WEB site: 335,000 25% of people visiting web site are requesting info Relocation requests: , Nearly 600 packets have been sent by us. This does not include the several hundred requested by real estate, hospital, Coast Guard etq. Room tax collected through September: (reflects lodging through July) 2000 $225,451 or $5.6 million in lodging r~venue 2001 $237,382 or $5.9 million in lodging revenue this is a 5.29% increase Port An"" Chamlul" of Commerce 121 East Railroad Avenue Port Anleles, WashiDlloD 98362 360-452-2363 www.portaDleles.OI'l I 11:29 AM Port Angeles Chamber of Commerce I I ., Profit & Loss Budget vs" Actual "10/16/01 Cash Basis January through October 2001 Jan - Oct 01 Budget $ Over Budget Income Vlst Ctr Donations 610.50 1,660.00 -1,049.50 Membership Dues 59,326.09 68,000.00 -8,673.91 Rent from Stepp 300.00 1,190.00 -890.00 Counter Sales 19,678.66 24,250.00 -4,571.34 Annual Banquet 5,469.23 1,000.00 4,469.23 Chamber Fund Raisers 0.00 0.00 0.00 "Interest Earned 5,706.18 5,420.00 286.18 Kiosk Rental 0.00 400.00 -400.00 Donations 676.50 Miscellaneous 796.66 600.00 196.66 Concerts on the Pier 2,500.00 3,000.00 -500.00 FIREWORKS 13,023.46 15,000.00 -1,976.54 Jet Ski Event 14,680.50 14,000.00 680.50 Internet Advertising 300.00 4,170.00 -3,870.00 Advertising 0.00 375.00 -375.00 Sponsor Sales 8,822.83 25,750.00 -16,927.17 Newsletter Inserts 830.00 City Allocation 41,821.79 41,670.00 151.79 Total Income 174,542.40 206,485.00 -31,942.60 Expense room tax uses 0.00 2001 Jet Ski Race Expenses 11,750.01 14,000.00 -2,249.99 Materials Counter Sales 8,618.90 7,500.00 1,118.90 Salary Executive Director 39,583.27 41,666.70 -2,083.43 Salary Member Services Dir 22,166.73 23,330.00 -1,163.27 Pension Expense SIMPLE 600.00 2,200.00 -1,600.00 Payroll Taxes 5,410.91 5,600.00 -189.09 "Federal U/C Expense 783.13 600.00 183.13 State U/C 110.94 500.00 -389.06 State Industrial Ins. 323.56 750.00 -426.44 Medical Insurance Director 2,509.00 1,875.00 634.00 Med. Ins. Dir Visl Ctr 1,451.93 1,875.00 -423.07 R.E. & P.P. Taxes 20.94 20.00 0.94 Liability & Fire Ins. 513.00 200.00 313.00 Accounting Services 3,146.61 1,000.00 2,146.61 Bank Charges 382.78 2,000.00 -1,617.22 Postage for Chamber 3,403.64 1,000.00 2,403.64 OffIce Supplies 1,985.92 1,250.00 735.92 Office Equipment 2,803.55 2,475.00 328.55 Auto Allowance 654.03 830.00 -175.97 Dues & Subscriptions 895.00 500.00 395.00 Computer Support 861.74 1,000.00 -138.26 Office Rent 2,474.01 2,750.00 -275.99 Utilities 350.70 290.00 60.70 Equipment Rental 234.46 750.00 -515.54 Telephone 1,787.80 1,000.00 787.80 Repair & Maintenance 651.49 1,000.00 -348.51 Executive Director's Tvl Exp. 1,390.85 835.00 555.85 Annual Banquet Exp 6,323.74 2,500.00 3,823.74 Gifts for VollBoard 585.72 350.00 235.72 Guest Speaker Meals 217.00 500.00 -283.00 Community Development 3,589.12 4,250.00 -660.88 Concerts on the Pier 2,600.00 3,000.00 -400.00 4th of July 11 ,738.65 15,000.00 -3,261.35 "Hospitality Dlvlsloin 2,236.51 500.00 1,736.51 Government Relations 172.27 1,000.00 -827.73 Brochures & Advertising Exp 4,034.80 8,666.00 -4,631.20 Internet Expense 826.00 3,330.00 -2,504.00 Fund Raiser 0.00 2,000.00 -2,000.00 AMBASSADOR 0.00 210.00 -210.00 Membership Development 3,869.20 1,600.00 2,269.20 VIC Equlmpent 2,261.18 150.00 2,111.18 *VIC Wages 5,970.40 9,000.00 -3,029.60 *VIC Rent 9,647.82 10,720.00 -1,072.18 *VIC Utilities 0.00 830.00 -830.00 VIC Postage 6,292.93 3,330.00 2,962.93 *VIC Building Ins. 0.00 400.00 -400.00 *VIC Telephone 2,763.85 2,500.00 263.85 VIC Repair & Maintenance 960.66 520.00 440.66 VIC OffIce Supplies 1,922.82 1,660.00 262.82 *VIC Equipment Rental 241.35 500.00 -258.65 *VIC Payroll Taxes 0.00 0.00 0.00 Total Expense 181,118.92 189,312.70 -8,193.78 Net Income -6,576.52 17,172.30 -23,748.82 Page 1 DATE: To: FROM: SUBJECT: FORTANGELES WAS H I N G TON, U. s. A. CITY COUNCIL MEMO October 16,2001 MA YORDoYLE AND CITY COUNCIL _ ~ Timothy J. Smith, Economic Development Di~ Letter of Support to MagnaForce regarding LEVX Project Issue: Shall the Council authorize the Mayor to send the attached letter of support and willingness to provide temporary use of public right-of way to MagnaForce for continued research and development of their LEVX Project? Recommendation: Authorize the Mayor to sign the attached letter of support to MagnaForce and instruct staff to provide a Right-of- Way Use Permit in accordance with standard policy and procedures. ' Summary: The City Economic Development Director, working in partnership with the EDC and Port, has met with MagnaF orce to discuss an opportunity that could lead to an expansion of the firm. MagnaF orce has been working on a revolutionary new magnet levitation transportation system called LEVX. The project has reached a stage which requires an expansion of MagnaForce's current facilities and land. In an effort to provide for the expansion to occur in Port Angeles, the City, EDC and Port have partnered in a proposal which includes the attached letter of support. Background / Analvsis: Over the last several weeks, the City Economic Development Director has met with MagnaForce to discuss an opportunity that could lead to an expansion of the company. Following a meeting last Friday (10/12/01), this packet item has been added as a late item for Council's consideration during tonight's meeting. During the last year, MagnaForce has been working on the LEVX magnet levitation transportation system. Their continued work on LEVX has successfully reached a stage which now requires an expansion of their current facilities. In addition to expanded facilities, the research and development work will require additional land for testing purposes. The LEVX project, which will be privately financed though an alliance of strategically selected private-sector partners, may be an opportunity to significantly boost existing employment and contracting activities. Working closely with the Clallam County EDC and the Port of Port Angeles, the City has helped to facilitate a negotiation to expand MagnaForce into currently vacant Port Facilities with the intent that additional land requirements be met through a combination of Port and City controlled land around the Airport Industrial Park. City controlled land considered as part ofthe arrangement has centered on the delivery of a Right-of-Way Use Permit along Milwaukee Drive, West of 18th Street. Last Friday, at the invitation ofMagnaForce, the Mayor and City Economic Development Director met with representatives from MagnaForce, the State of Washington Dept of Trade and Economic """:"',,~i/:,:U~~~{'/' .";' Development, the EDC and the Port of Port Angeles, for a demonstration ofLEVX and a discussion ... ofthe companies expansion needs. In an effort to provide for the expansion to occur in Port Angeles, .. the EDC, City and Port have partnered in a proposal to MagnaForce as outlined buy this memo and the attached letter of support. .. '<., The City Economic Development Director, and Jim Haguewood, Executive Director for Clallam County EDC will be available for questions. ~ORT ANGELES WAS H I N G TON, U. S. A. CITY COUNCIL October 16, 2001 Me. Jerry Lamb MagnaForce Inc. 2602 W. 18th Port Angeles, W A 98362 Dear Mr. Lamb Thank you for the recent demonstration concerning MagnaF orce' s latest research and development project called LEVX. Similar to MagnaForce's earlier, highly successful development of the "MagnaDrive Coupler", it is clear to see how your new research on the LEVX discovery will revolutionize yet another key element of21 st Century infrastructure. Your successful development of LEVX transportation systems will benefit the everyday lives of people across our nation and around the world. Entrepreneurialism, ingenuity, hard work and sound business practices define the Port Angeles based-company we call MagnaForce. Those very same qualities equally describe the offshoot corporation called MagnaDrive. Port Angeles has been fortunate to have the continuing development of both ofthese firms include our community as a base of operations. The high quality employment and the challenging work which you provide in our community is an excellent example of the kind of employer which the City of Port Angeles endeavors to support though our ongoing economic development efforts and partnerships. Our review of your ongoing research and business plans for LEVX indicates that you require considerable land as you further test and develop LEVX systems. Based on our understanding of MagnaForce's routine approach to conducting business, and our direct experience from partnering with you and MagnaDrive on the installation of the magnetic coupler product as a component of the City's public infrastructure, we would be glad to seek opportunities to help you regarding your work on LEVX. As we have discussed, the City would be willing, in cooperation with the Clallam County EDC and the Port of Port Angeles, to make City owned land available that could help meet your LEVX requirements. In and around the Port Angeles Airport/Industrial Park, the City and Port of Port Angles control a combination of land and building infrastructure that would be well suited to meeting the needs of your project. We understand that MagnaF orce and the Port have tentatively reached an agreement which will allow for the expansion of MagnaDrive to larger existing facilities within the I ndustrial Park provided the City can provide additional Right -of- W ay along Milwaukee Drive. 321 EAST FIFTH STREET · P. O. BOX 1150 · PORT ANGELES. WA 98362-0217 PHON E. 360-417-4500 · FAX: 360-417-4509 · TTY: 360-417-4645 E-MAIL COUNCIL@CIPORT-ANGELES.WA.US ,. -" ;--'~'A('~;~'i-':'o' Based upon the finalization of your expansion plans and ieasewith the Port of Port Angeles, the City of Port Angeleshereby extends our interest to provide right-of-way along Milwaukee Drive as indicated by the attached photo and in accordance with standard City ofport Angeles procedures . and practices governing the issuance of Right-of-Way Use Permits. In closing, and on the behalf of the entire City Council, I wish MagnaDrive the very best of luck. as you conduct you final research and development on the LEVX Transportation System. . The City of.Port Angeles is thankful to have ,a unique, high quality firm like MagnaForce as a part of our COnimunity and we are proud of the revolutionary discovers and products that you and your employees make. . Sincerely, Larry Doyle, Mayor City of Port Angeles cc: City Council City Manager City Department .Heads City Economic Development Director ClallamCotinty EDC Port of Port Angles . . I:\DAT A\WP\ WP60\P A WORKS\levxLwpd ~ ~ .. j;' It's time to Fly Low Imagine, if you will. a time only slightly in the future when transportation is just easier: . Fewer lines and times when you have to wait. . You read or work or relax on your morning commute. yet you can. if you choose, arrive in your own car (like on a ferry but with no delay.) . You travel cross-country, quickly'" say Seattle to LA in six hours... and yet far safer and more reliably then now. (Faster than by air if you count in all the ground time.) . Not only people of all ages and abilities, but products, too, can be transported by a self-directing system. . You do this for less than it would cost today, both in dollars and in impact on the environment. LEVX @, a revolutionary mode of moving, can give us just this. Instead of over roads, LEVX @ platforms f1ylow over Flyway @ tracks. These easily laid tracks can be on existing roads and railroads, over new ground. O[ even raised. Cars, people, or products load onto individual platforms. Unlike a train with a locomotive, each platform can move independently. Just load and go. Because LEVX @ platforms rest on air and not the track itself, the ride is extremely smooth. even at over 200 mph. Platforms are powered by onboard systems; therefore, general power outages, and the problems they would cause, are not an issue. Because they flylow to where you tell them to go, anyone. including kids and the elderly, can travel safely. LEVX @ is to transportation what the Intemet is to information. . Transportation is the moving of people and things. Yet as fundamental as transportation is to society, few changes have occurred in the past 100 years; it's been mostly wheels and wings. Transportation today is done on roads that are wearing out and that are expensive to replace, in cars and trucks that pollute, and by drivers that can have accidents. It's done in airplanes that we have become uneasy about. It's done in trains, almost all of which lose money. And it's powered mainly by petroleum, an expensive and non-renewable resource. It is very. very necessary and yet is often inconvenient. Inconvenience and safety are the two main reasons people dislike mass transportation. The LEVX @ system solves both of those problems. LEVX@ platforms are available on demand 24- 7 so it fits your needs, unlike like a bus or flight schedule. And you can travel in separate units, so you are safe and are not mixing with those you would rather avoid. Access and monitoring are simple and similar to how we keep track of express packages today. Currently the USA has 3.9 million miles of roads and 120,000 miles of major railroads. It drives 4.7 trillion passenger miles, moves 3.7 trillion ton-miles of domestic freight, makes 9 billion trips on public transit and boards 640 million passengers onto airplanes while sending freight over 700 million rail miles. People, including governments and scientists worldwide, are intensely interested in finding a revolutionary new form of transportation, one that is as different from what we now know as the airplane or automobile was from the horse. LEVX @ is just such a system. It solves today's transportation problems. It does this relatively inexpensively and across the board. And the necessary technology is already available. Imagine... Flying Low. ~ORTANGEtES. WAS H I N G TON',' U. S. A.' CITY COUNCIL. Mr. Jerry Lamb ' Magna Force Inc. 2602 W. 18th Port Angeles, W A 98362 .\ Thank you for the recent demonstration concerning MagnaF orce' s latest research and development project called LEVX.Similar to Magna Force's earlier, highly successful development of the "MagnaDrive Coupler", it is apparent that your new research on theLEVX discovery will revolutionize yet another l.cey element of21 ~t Century infrastructure. Y out success~,1l development of LEVX transportation systems will ben~fitthe everyday lives of people across our nation and' around the world. . Entrepreneurialism, ingenuity, hard work and soundbusiness'practices define the Port Angeles based-company we call Magna force. Thosevery same qualities equally describe the offshoot corporation called MagnaDrive. Port Angeles has been fortunate to have the. contin~ing development of both of these firms include our community as a base of operations... The high quality employment and the challenging work which you provide in'our community is an excellent example of the kind of employer which the City of Port Angeles endeavors to support through our ongoing economic development efforts and partnerships,. + Ourreview of your ongoing research and, business plans fQr.LEVX indicates that you require considerable land as you further test and developLEVX systems. Based on our understanding of Magna Force~'s approach to conducting business, and our direct experience frompartnering with you and MagnaDrive on the install~tion'ofthe magnetic coupler product as a component of the City's public infrastructure, we would be glad to seek opportunities to help youregardingyour work on LEVX. As we have discussed~' the City would be willing, in cooperation with the Clallam County EDC and the Port of Port Angeles, to make City owned hind av~lable that could help meet ' your LEVX requirements. . In and around the Port Angeles. Airport/Industrial Park, the City and Port of Port Angles.control a combination of land and building infrastructure that would be well suited to meeting the needs of your project. We understand that Magna Force and the Port have tentatively reached an agreement which will aJlow for the, expansion of Magna Force to larger existing facilities Within the Industrial Park provided the,City'can prpvide additional Right-of-Way along Milwaukee Drive. 321 EAST FI FTH STREET · P. O. ,BOX, 1150 . PORT ANGELES, WA 98362-0217 PHON E: 360-417-4500 · FAX: 360-417-45,09 · TTY: 360-417-4645 C'.M~II . ~nIlN~1I c@r.l PORT-ANGELES.WA.US - ,'" , , Based upon the, finalization of your expansio~ plans and lease with the Port of Port'Angeles, the City of Port Angeles hereby extends our interest to/provide ,right-of.,way along Milw.aukee Drive as indicated by the attached pho, to and in accordance with standard ,City of Port Ang, elesprocedures and practices governing the issuance ofRight-:of-Way Use Permits. ' In closing, and on behalf of the~ntire City Council~ lwish Magna Force the very best of luck as you" conduct your final rese, arch and development ontheLEVXTnmsportatiOi) System. The City," of ' Port Angeles is tha.nkfuLto have ~ unique, high qualitYflim like Magna Force 'as a' p~' 9f our community and we are proud" of ther~voluti()nary inventions and products that you, and your, employees make. ' '" . '. . cc: City Council City Manager City Department,Heads ' . ' City Economic Development Director ClallamCounty EDC ' Port of Port Angles I:\DAT A\ WP\ WP60\P A WORKS\Jevxl.wpd ,- . . .' ~- CITY COUNCIL MEMO ~ORTANGELES WAS H I N G TON, U. S. A. DATE: October 16,2001 To: MAYOR DOYLE AND CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works and Utilities SUBJECT: Wastewater Treatment Plan (WWTP) Backup Generator Summary: The WWTP requires a backup source of power in the event the primary electric service is disrupted. The City received three bids for a 500 kW backup generator and automatic transfer switch for the wastewater treatment plant. The lowest bid was received by Pacific Detroit Diesel-Allison for $96,160.00 plus sales tax. Recommendation: Accept the bid from Pacific Detroit Diesel-Allison for a 500 kW generator in the amount of $96,160.00, plus sales tax, and authorize the Mayor to si2n the contract. Back~round / Analysis: In 1999, WWTP staffbegan investigating alternatives to prevent inadequately treated wastes from being released into State waters'in the event ofa power failure. An alternative power source is necessary to comply with Department of Ecology permit regulations requiring treatment plants to provide alternate power sources, generators, or retention facilities to prevent untreated releases during power failures. During the 1993 WWTP expansion, two separate distribution transformers and lines were built so the facility would have separate electrical feeds from the City's electrical system, but this would not prevent outages at the plant if electrical problems occurred on BP A lines serving the City. To solve this problem, and comply with DOE regulations, the installation of a backup generator and an automatic transfer switch at the treatment plant is recommended. The 2001 budget has funds for this project in the amount of$120,000. The concrete pad will be constructed by in-house forces, and the installation of the generator and transfer switch will be performed by a contractor. Delivery is expected twelve weeks after approval by the City Council. The Utility Advisory Committee reviewed this proposal at their meeting on October 8th and recommended approval. I BIDDER I BID AMOUNT w/o TAX I RESPONSIVEINON-RESPONSIVE I Pacific Detroit Diesel Allison $96,160 Yes Simpson Power Products, Ltd. $97,337 No Cummins Northwest, Inc. $109,343.86 Yes N :\PWKS\ WW A TER\cc-generator.wpd 3 . . . CALL TO ORDER- REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC CEREMONIES, PRESENTATIONS AND PROCLAMATIONS: WORK SESSION: LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDA: FINANCE: School District #121 Agreements CITY COUNCIL MEETING Port Angeles, Washington October 2, 2001 Mayor Doyle called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. Members Present: Mayor Doyle, Councilmembers Campbell, Hulett, McKeown, Wiggins, and Williams. Members Absent: Councilmember Erickson. Staff Present: Manager Quinn, Attorney Knutson, . Clerk Upton, B. Collins, M. Connelly, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, B. Coons, S. McLain, and M. Pennino. Public Present: C. Schramm, T. Price, K. Rogers, L. Lee, E. Naddy, and W. Gormley. The Pledge of Allegiance to the Flag was led by Mayor Doyle. Mayor Doyle read the Proclamation recognizing the week of October 8-13,2001, as "Try Transit Week," and Councilmember Williams accepted the Proclamation on behalf of the Clallam Transit Board. None. Mayor Doyle announced that, at 6:30 p.m.,the Council would recess for thirty minutes to attend the reception for Scooter Chapman. Police Chief Riepe was asked to explain the Diffusion Project on prevention strategies between the School District and the City of Port Angeles. This was added as Agenda Item 1. Willis Gormley, 93 S. Ridgeview Drive, addressed the Council regarding Port issues, the Landing Mall, and harbor area leases. Mr. Gormley read from two documents which involved the lending agreements and monies due the City from leases of trustee lands under the Department of Natural Resources. Mayor Doyle requested that Mr. Gormley provide the staff with the necessary documents so that they could research the matter and follow up on these issues. 1. School District #121 Agreements Following Mayor Doyle's summary of the agreements, Chief Riepe responded that the 2002 contracts involved no changes from the previous year and addressed the success the School Resource Officer Program has brought to the students, the school, and to the neighborhood. Responding to Councilmember McKeown's inquiry regarding whether the Police Officer works with the schools on preventative measures to avoid incidences similar to Colorado and Oregon, Chief Riepe explained that both officers involved in 51 - 1- FINANCE: (Cont'd) . 8th Street Bridge Repairs Contract A ward "I" Street Substation Rebuild Bid A ward Tree Trimming Contract Design and Construction Services for Carnegie Library, Amendment No.1 . Equipment Purchase of 60 KW Trailer-Mounted Generator/State Bid Contract CONSENT AGENDA: . 3. CITY COUNCIL MEETING October 2,2001 May~rP?yle summarize~..~~$qntract recommendation from Public Works & Utilities, and Councilman Campbell moved to award and authorize the Mayor to sign the contract for the 8th Street Bridge Repairs in the amount of $27,700.00 to General Construction ofPoulsbo, Washington. The motion was seconded by Councilman Wiggins and carried unanimously. 4. '1" Street Substation Rebuild Bid A ward At the request of the Mayor, Director Cutler reviewed the prior work on the "I" Street Substation and added that this rebuild project would be completed within the next few weeks. The costs are well within the estimated budget. Councilmember McKeown moved to award the $79,163.45 contract to Potelco, Inc., Sumner, Washington, for the "I" Street Substation Rebuild Project 20-03 and authorize the Mayor to sign the contract. Councilman Williams seconded the motion, which carried unanimously. 5. Tree Trimming Contract Mayor Doyle reviewed the necessity for annual trimming of City trees to keep them a safe distance from power lines. Councilman Wiggins moved to accept the $129.25 per hour rate, not to exceed $25,000.00, bid of Asplundh Tree Expert Co. and authorize the Mayor to sign the contract. Councilman Campbell seconded the motion, which carried unanimously. 6. Design and Construction Services for Carnegie Library, Amendment No. 1 Director Cutler explained that, to complete the elevator for the library, soil boring and analysis of the soil under the proposed location is required for ADA compliance requirements and will assist in resisting earthquake damages. He added that, while this procedure, along with the change in engineering approach, will raise the cost, the project can expect a price reduction. Mayor Doyle, following the discussion, summarized the recommendation, and Councilman Williams moved to authorize the Mayor to sign the negotiated $9,745.00 Amendment No.1 to the current agreement with Olympic Design Works, Inc. for design and construction services for the Carnegie Library Building. Councilman Hulett seconded the motion, which passed unanimously. The Mayor inquired as to the construction schedule, and Director Cutler indicated he would anticipate bringing the design costs to the Council in October or November, at which time a decision can be made on renovation versus restoration. Bid documents should be fmalized in early 2002, with construction in the spring of 2002. Hopefully, the project will be completed in late fall or early winter of 2002. 7. Equipment Purchase of 60 KW Trailer-Mounted Generator / State Bid Contract Following a brief discussion of the benefits of the generator in producing fire flows during power outages, the mobility of the unit, and its major use in the McDougal, Fairmont, and Scribner pump stations, Councilmember McKeown moved to authorize the City Manager to purchase a 60 KW Trailer Mounted, Onan Model #60 Generator, from the State Bid, in an amount not to exceed $30,000.00. Councilman Campbell seconded the motion, which carried unanimously. Councilmember McKeown moved to accept the Consent Agenda to include: 1) City Council minutes of September 18,2001; 2) Electronic Payments - September 21,2001 - $993,979.69; 3) Check Register - September 25, 2001- $485,801.63; and 4) Payroll Information as of September 16, 2001. Following brief discussion on the payroll 13 - . . . INFORMATION: (Cont'd) EXECUTIVE SESSION: RETURN TO OPEN SESSION: ADJOURNMENT: CITY COUNCIL MEETING October 2, 2001 "I ,',;<..,::'{,.: Angeles taking p mergency response situations. Manager Quinn indicated the City is very much aware of the issues and that staff will be reviewing the development of furtherpl~.~iin this area. .fire.~hief McKeen described the necessity for emergency management planning, whichi.wbuld also involve the terrorist component. The City works closely with both the County and the State, particularly because disasters go well beyond junsdictionallines. Manager Quinn further reviewed items included in the Information Agenda, and brief discussion was held concerning habitat assessment. Director Collins indicated the work on habitat assessment will be necessary regardless of the outcome on regulations. The meeting adjourned to Executive Session at 8:05 p.m. to discuss labor negotiations for 15 minutes. The meeting returned to Open Session at 8:48. The meeting was adjourned at 8:48 p.m. Larry Doyle, Mayor Becky J. Upton, City Clerk 9 - 5 - . . . Fund 503 09-30-01 402 10-02-01 402 10-02-01 Finance Department Electronic Payments - September 22 - October 5,2001 Frank Gates September Claims Dept of Community, Trade and Economic Development Downtown Water Main And Sidewalk Project Dept of Community, Trade and Economic Development Drinking Water Reservoir Covers 11 13,740.65 67,595.63 31.582.16 112,918.44 01/10/10-16:00 City of Port Angeles . LIVE MACHINE October 10 2001 Page CHECK REGISTER . Date From 09/22/2001 To 10/05/2001 Fnd Opt Check Vendor Vendor Description Gl Code Amount Number Name Number Number 001 65807 Hepburn Superior 08219 Flag case 2370000 9.n- 65844 Quill Corporation 17000 Pens, ink cartridges,hole punch 2370000 15.08- Inkjet cartridge 1 2370000 3.37- Folders,post-it notes 1 2370000 7.50- Credit hole punch 1 2370000 .58 65861 Sirens & lights Company, The 19818 Gun rack 1 2370000 15.99- 65865 US Games 21091 Award ribbons 1 2370000 4.09- 65871 Treadway Graphics 20135 T-shirts 1 2370000 68.78- 658n WA State Patrol - WASIS 23281 Criminal history-T Marzullo 1 2295000 24.00 Criminal history-D Waggoner 1 2295000 24.00 Criminal history-p Johnson 1 2295000 24.00 Criminal history-C Parrish 1 2295000 24.00 65895 WA State Patrol - WASIS 23281 Criminal history-Hayes 1 2295000 24.00 65896 Washington (DOL), State of 04137 Concealed pistol licenses-Sept 1 2296000 384.00 65944 Fire Engineering 06187 Renew subscription 1 year 1 2370000 1.64- 65949 General Media Corporation 07358 Flag pins 1 2370000 4.51- 65951 Gov't Finance Officers Assn 07003 SGR GAAFR Review pe 11-30-02 1 2370000 4.10- 65978 New Pig Corporation 14063 Dry floor sweep bags 1 2370000 9.72- 65979 Niagra Conservation Corp 14126 Kitchen swivel aerator 1 2370000 18.97- 65998 Quill Corporation 17000 Post-its,binder clips 1 2370000 .76- . labels 1 2370000 3.28- Office suppl ies 1 2370000 10.32- 66008 Standard Communications Corp 19823 TV Modulator 1 2370000 96.35- Shipping chgs-TV Modulator 1 2370000 .97- Total for Department 229.38 0001 65754 Albertson's Inc. 01204 Council refreshments 112 3101 24.78 65788 Design One Inc. 04164 Craved Crystal Awards-OPS 125 1019 619.62 65826 Municipal Research & Svc. Ctr. 13069 Host Municipal Code web site 124 4150 360.00 65834 Sequim Gazette Inc. 19016 2001 Clallam Co Who's Who 111 4990 275.00 65839 Peninsula Daily News 16012 Notice-Electric rate increase 124 4410 21.32 65857 Seattle Times/PI Distributor 19161 PI subscription-4th Qtr 111 4910 34.50 65900 AT&T Business Service 01085 09-13 AT&T billing 111 4210 66.87 65903 Advanced Travel 01090 Knutson to Seattle 09-06 113 4310 141.50 Doyle to Whistler BC 06-28 112 4310 175.73 Knutson to Seattle 07-11 113 4310 204.67 65904 Albertson's Inc. 01204 OPS luncheon food,supplies 125 1019 102.88 65947 Flex-Plan Services Inc. 06158 Monthly processing-September 111 4150 116.70 65999 Qwest 21001 09-14 Qwest billing 111 4210 93.50 09-14 Qwest billing 113 4210 93.50 09-14 Qwest billing 124 4210 46.75 66008 Standard Communications Corp 19823 TV Modulator 124 4810 1,271.35 Shipping chgs-TV Modulator 124 4810 12.79 66022 Verizon Wireless, Bellevue 01105 Verizon billing 09-15 111 4210 16.59 Verizon billing 09-15 112 4210 16.59 . 66025 Washington (DIS), State of 23111 Scan chgs-August 111 4210 139.79 Scan chgs-August 113 4210 26.50 Scan chgs-August 124 4210 6.20 13 Total for Administration 3,867.13 01/10/10-16:00 e CHECK REGISTER Date From 09/22/2001 To 10/05/2001 Fnd Opt Check Number Vendor Name Vendor Number e Ie 65999 Qwest 66000 Qwest 66022 Verizon Wireless, Bellevue 66025 Washington (DIS), State of 21001 21020 01105 23111 0005 65764 BratWear 02245 65774 Clallam Co Dept of Health and 03065 65777 Clallam Co Humane Society 03072 65798 GTE Communications Systems 07005 65804 Haller Power Washing 08032 65835 Pacific Office Equipment Inc. 16004 65839 Peninsula Daily News 16012 65844 Quill Corporation 17000 65846 RadioShack Accounts Receivable 18003 65858 Second Chance Body Armor Inc 19759 65861 Sirens & Lights Company, The 19818 65878 WASPC North Sound 23177 65894 Port Angeles Police Department 16105 65903 Advanced Travel 01090 65905 All Phase Electric Supply Co. 01061 65917 Blumenthal Uniforms & Equipmt 02047 65957 Hi-Tech Security Inc 08196 65998 Quill corporation 17000 65999 Qwest 21001 66022 Verizon Wireless, Bellevue 01105 66025 Washington (DIS), State of 23111 Description GL Code Number 09-14 Qwest billing Conference calls Verizon billing 09-15 Scan chgs-August 411 4210 411 4210 420 4210 411 4210 Jumpsuit,emblem,panel 530 2080 Inmate medical care 512 5099 Inmate medical care 512 5099 September contract payment 530 4150 Calibrate doppler radar 530 4810 Seal and stripe parking lot 584 4810 Service printer 534 4810 Notice-Evidence drying cabinet 530 4150 Inkjet cartridge 534 3101 Folders,post-it notes 534 3101 Batteries 530 3101 Taper,armor plate 530 3111 Gun rack 530 3501 Electronic monitoring svc 9-13 512 5099 Laundry svcs 530 4990 Postage 530 4210 Ferry tickets 530 4310 Staples 530 3101 Zenonian to Everett 09-11 534 4310 Hall,Benedict-Bellingham 09-19 530 4310 Gallagher to Poulsbo 07-24 511 4310 Gallagher to Seattle 09-03 511 4310 Gallagher,Zappey-Olympia 08-23 511 4310 Hall to Marysville 08-23 530 4310 Exit lines 584 4810 Jacket-Scairpon 530 2080 Badge-Turton 530 2080 Flashlight holder,AC charger 530 2080 Pager case 530 2080 Pants,shirts,sew emblems-King 530 2080 Shirts,pants,sew emblems-King 530 2080 Mag & cuff holder 530 2080 Flag pins 530 2080 Cameras,lenses,accessories 584 4810 Post-its,binder clips 534 3101 Envelopes,calendar refills 511 3101 Cd discs, calendars, weekly book 530 3101 Calendars 534 3101 09-14 Qwest billing 511 4210 09-14 Qwest billing 534 4210 09-14 Qwest billing 5304210 09-20 Quest billing 534 4210 Verizon billing 09-15 530 4210 Sl~chgs-August 511 4210 October 10 2001 Total for Planning Page 3 Amount 93.50 182.64 22.17 8.13 2,750.86 412.30 1,909.36 1,502.46 3,528.52 69.52 1,363.45 119.02 23.78 44.36 98.93 38.93 873.44 210.99 430.00 9.09 117.24 4.00 3.11 83.65 80.80 216.69 161.00 76.00 12.80 175 . 23 65.23 5.83 146.05 21.22 382.07 2,236.86 48.26 192.42 1,684.67 10.02 11.02 69.58 24.40 163.62 116.87 23.37 270.80 376.72 19.43 01/10/10-16:00 . October 10 2001 CHECK REGISTER Date;From 09/22/2001 To;10/05/2001 Fnd Dpt Check NlJllber Vendor Name Vendor NlJllber . . 101 0001 66025 Washington (DIS), State of 23111 0008 65753 Action Power Equipment 01515 65755 All Phase Electric Supply Co. 01061 65770 Cascade Turf 03566 65794 Familian NW 06020 65807 Hepburn Superior 08219 65831 Northwest Fence Co. 14071 65837 Peninsula Awards & Trophies 16061 65838 Peninsula College 16011 65839 Peninsula Daily News 16012 65846 RadioShack Accounts Receivable 18003 65856 Seattle Pump & Equipment Co 19799 65884 Xerox Corporation 24001 65888 Cottam, Amber 03610 65897 A & A Gutters 01518 65905 All Phase Electric Supply Co. 01061 65926 Captain T's 03048 65940 Engelking, Ben 05242 65943 FamiLian NW 06020 65976 Mt Pleasant Country supply 13521 65989 Pen Print Inc. 16009 65994 Port Angeles City Treasurer 03062 65999 Qwest 21001 66011 Synergy Enterprises 19825 66025 Washington (DIS), State of 23111 66030 Zumar Industries Inc. 26001 65830 North Olympic Peninsula 14127 Description GL Code NlJllber Scan chgs-August 711 4210 Total for Public Works Bearing,sheave,filters,gaskets 865 3120 Heat shrink tube, tape 863 3120 Fertilizer spreader parts 865 3120 Elbow 866 3120 Credit elbow 866 3120 Flag case 866 3401 Fencing,gates 865 3120 Black brass plates-P Miksch 866 3401 Contract payment 877 4150 'Pre-Arrangement Makes Sense' 866 4410 Kids club ads 862 4210 Connector to 1/4 plug 861 3120 Fittings,strainers 865 3120 Meter usage pe 8-30-01-DC220SS 863 4530 Reimburse chair expense 861 3101 Install gutters, downspouts 830 4810 Lamps 865 3120 Custom embroidery 862 3101 Refund meeting room fee 865 34730018 Union 865 3140 Parts for pool barrier fence 865 3120 Receipts 866 3101 Printer ink-Cottam 861 3101 Qwest billing 09-14 862 4210 09-14 Qwest billing 811 4210 09-14 Qwest billing 8664210 09-14 Qwest billing 865 4210 09-14 Qwest billing 861 4210 09-14 Qwest billing 8624210 09-14 Qwest billing 863 4210 Qwest billing 09-14 865 4210 Qwest billing 09-14 865 4210 Qwest billing 09-14 863 4210 Qwest billing 09-14 862 4210 Qwest billing 09-20 863 4210 PooL Operator reg-Petty 865 4310 Scan chgs-August 811 4210 Scan chgs-August 861 4210 Scan chgs-August 863 4210 Scan chgs-August 866 4210 No Parking'signs 865 4810 Total for Parks & Recreation Total for General Fund W1 Jl Ferries folder display 122 4150 Page 5 Amount 188.18 6,679.55 246.89 29.94 162.98 4.12 4.12- 128.82 922.68 7.57 10,000.00 195.00 50.00 12.97 128.75 478.07 140.60 356.51 116.16 79.53 400.00 76.06 38.36 104.63 30.26 43.57 70.12 23.37 23.37 46.75 23.37 70.12 39.08 41.78 39.31 46.78 62.37 290.00 9.94 .1 18.28 1.65 I 16.30 145.50 14,717.44 68,016.27 269.09 01/10/10-16:00 Ci ty of Port Angeles -i//L1VE MACHINE October 10 2001 . CHECK REGISTER Date From 09/22/2001 To 10/05/2001 Fnd Opt Check NlIIlber Vendor Name Vendor NlIIlber 65876 Viking Office Products 22054 65890 District 13 65904 Albertson's Inc. 65909 American Red Cross 65994 Port Angeles City Treasurer 66022 Verizon Wireless, Bellevue 04050 01204 01032 03062 01105 176 0005 65871 Treadway Graphics 20135 65894 Port Angeles Police Department 16105 186 0008 66028 York Bronze Co 12289 310 0007 65832 Northwestern Territories Inc. 14017 . 65839 Peninsula Daily News 16012 65889 Delhur Industries Inc 04042 65903 Advanced Travel 01090 65981 Northwestern Territories Inc. 14017 65985 Olympic Bank 15132 65987 Parametrix Inc.' 16155 0008 65977 NW Linings & Geotextile Pr Inc 14012 66013 Terma-Planners and Architects 20244 Description GL Code NlIIlber Pens,pencil lead,binder clips Credit pencil leads Cooed Soccer Officials-Fall Refreshments Adult CPR and First Aid class Treats,movie-Cottam,Prusz Verizon billing 09-15 880 3101 880 3101 889 4150 888 3101 888 4310 888 3101 888 4210 Total for Recreational Activities Fund T-shirts Paper 531 3101 531 3101 Total for D.A.R.E. Fund Plaque-Looss 873 3401 Total for Waterfront Trail Fund Prof Svcs pe 8-20-Ennis St 792 4150 Prof svcs pe 08-20-Valley Crk 783 4150 Bid advertisement-slide repair 783 4410 Bid advertisement-2001 paving 792 4410 Lauridsen Blvd-Edgewood Dr 774 4150 Knutson to Seattle 07-11 777 4310 Valley Crk Culvert pe 9-20 #2 783 4150 Retainage-Delhur Industries 774 4150 Landfill engineering pe 08-31 783 4150 Total for Public Works Permeatex Construction Administration 890 4150 896 4150 Total for Parks & Recreation Total for Capital Improvement Fund 316 0008 65819 Lighthouse Christian Center 12198 Refund damage deposit 860 36240012 Total for Lincoln Park Improvement Fund 401 65759 Ashley, Sarah 01516 Util ity deposit rfd-002348014 401 2391200 65760 Baker, G Jol ine 02633 Util ity deposit rfd-013587026 401 2391200 Utility overpmt rfd-013587026 401 1222200 65761 Baker, Kathy 02629 Util ity deposit rfd-088412004 401 2391200 . 65762 Boston, Ronald 02630 Util ity deposit rfd-005207004 401 2391200 65763 Brannin, Stan 02631 Utility deposit rfd-091383026 401 2391200 65766 Bryant, Melanie 02632 Utility deposit rfd-087122007 401 2391200 65m Cawyer, Sunny 03624 Utility deposit rfd-124376003 401 2391200 65776 Clallam Co Housing Authority 03305 uli~ty overpmt rfd-118 W 1st 401 1222200 Page 7 Amount 76.29 12.01- 2,321.00 13.10 120.00 24.74 16.15 2,871.00 907.51 2.70 910.21 55.46 55.46 815.00 7,318.75 149.24 126.28 406,190.80 204.67 980.00 21,378.46 476.78 437,639.98 350.32 4,391.75 4,742.07 442,382.05 50.00 50.00 67.39 99.05 20.31 140.45 250.00 125.00 68.74 42.11 58.37 01/10/10-16:00 City of Port Angeles LIVE MACHINE October 10 2001 Page 9 CHECK REGISTER . Date From 09/22/2001 To 10/05/2001 Fnd Opt Check Vendor Vendor Description GL Code Amount Nl.Illber Name Number NLIllber 65832 Northwestern Territories Inc. 14017 Albert St Substation cleanup 911 4150 2,111.97 65843 Public Utility Dist Clallam Co 16038 SR 101 & Euclid Ave-Sept Util 911 3350 18.48 Woodhaven and Golf Course Rd 911 3350 17.43 65854 Sears Commercial One 19109 5 \.lrench sets 911 3501 270.45 65862 Snap-on Tools - Chugger Deane 19108 Ratchet, extensi on 911 3501 841. 85 65870 Trans-Cycle Industries Inc 20322 Disposal of fluid 911 4810 260.00 Disposal of fluid 911 4810 1,900.00 65879 \.lESCO Distribution Inc. 23150 Oil Dielectric Test set & cell 911 6410 4,025.49 Buss fuses,loadbreak elbows 911 4810 486.08 Buss fuses,loadbreak elbows 930 3402 519.50 Photo eye 911 4810 534.91 65886 Zee Medical Service Co. 26005 First-aid supplies 911 3120 76.71 65903 Advanced Travel 01090 Ireland to Ellensburg 07-17 911 4310 314.58 65905 All Phase Electric supply Co. 01061 Screwdrivers 911 4810 11. 38 Screwdrivers 911 3501 39.34 connectors,couplings,strap 911 4810 29.62 65920 Brooks Company, E. J. 02024 Spring-lok seals 911 3120 275.98 Spring-lok seals 911 3120 275.98 Spring-lok seals 911 3120 137.96 Barrel lock key,cleaning tool 911 3501 57.13 . 65923 CEO/Consolidated Elec.Dist.lnc 03267 Traffic signal lamps 911 4810 765.02 65941 Equifax - Credit Information 05160 Sept chgs 911 4150 34. 17 65973 Meter Devices Company Inc. 13050 Under cover enclosure 911 3402 781.36 65978 New Pig Corporation 14063 Dry floor sweep bags 911 4810 128.22 65981 Northwestern Territories Inc. 14017 Soils-Corp Yard pe 09-20 930 4150 820.00 Albert St substation pe 09-20 911 4150 735.00 65988 Parsinen Landscape Maintenance 16258 Landscape maintenance-Sept 911 4810 1,352.50 65994 Port Angeles City Treasurer 03062 Rfd meters-Team Maverick 911 3101 27.78 65996 Puget Safety Equipment Inc 16248 Safety glasses 911 3501 64.20 Eye wash 911 3120 64.33 65997 puget Sound Energy 16551 \.lire 930 3402 1,694.41 65998 Quill Corporation 17000 Post-its,bubble wrap 911 3120 86.55 65999 Qwest 21001 09-14 Qwest billing 911 4210 327.23 66005 Sanderson Safety Supply Co. 19048 Blended gas 911 3120 321.23 Sensor 911 4810 169.58 66009 Stusser Electric 19821 Ladder 911 3501 159.48 66016 Transfac Funding Corporation 20059 Shipping chgs-H.J. Arnett Ind 911 4810 53.04 66017 TriAxis Engineering Inc 20274 "I" St Rebuild pe 08-31 930 4150 750.42 66022 Verizon \.lireless, Bellevue 01105 Verizon billing 09-15 911 4210 12.32 Verizon billing 09-15 911 4210 35.82 66025 Washington (DIS), State of 23111 Scan chgs-August 911 4210 48.41 Total for Light 22,929.29 Total for Light Fund 31,806.29 . 65786 Davidson, Bonnie 04390 Utility overpmt rfd-092576006 402 1222200 16.35 65794 Famil i an NW 06020 Elbows.curb stops,couplings 402 1414000 552.52 Elbows.curb stops,couplings 402 1411000 45.31 65810 Industrial Chem Labs & Svcs 09140 Degreaser 402 2370000 37.64- 65811 Industrial Labsales Inc 09145 @ling flasks 402 2370000 4.80- 01/10/10-16:00 City of Port Angeles CHECK REGISTER Dat~'From 09/22/2001 To 10105/2001 . Fnd Opt Check NLIIlber Vendor Name Vendor Nl.IIlber 65999 Qwest 21001 66003 Rocky Mountain Instruments Inc 18360 66007 Siemens Bldg Technologies Inc 19682 66022 Verizon Wireless, Bellevue 01105 66025 Washington (DIS), State of 23111 . 404 65880 Wireless Prof. Comm. Svcs. 23567 65907 Alternative Technology Inc 65915 BioCycle 01503 02120 . 0007 65788 Design One Inc. 04164 65839 Peninsula Daily News 16012 65880 Wireless Prof. Comm. Svcs. 23567 65902 Advanced Environmental 01417 65907 Alternative Technology Inc 01503 65910 Automotive Environmental svcs 01041 65915 BioCycle 02120 65921 Bruch & Bruch Construction Inc 02058 65933 Delhur Industries Inc 04042 65987 Parametrix Inc. 16155 65988 Parsinen Landscape Maintenance 16258 65994 Port Angeles City Treasurer 03062 65995 Preston Gates & Ellis LLP 16175 65999 Qwest 21001 . Description 09-14 Qwest billing 09-14 Qwest billing Qwest billing 09-08 Qwest billing 09-16 Qwest bi II ing Qwest billing 09-20 Qwest billing 09-20 Qwest billing 09-20 Qwest billing 09-20 Qwest billing 09-20 Qwest billing 09-23 Qwest billing 09-20 Travel and on-site costs Return actuators Digital output module Maintenance contract pe 03-02 Verizon billing 09-15 Verizon billing 09-15 Scan chgs-August Scan chgs-August October 10 2001 GL Code Nl.IIlber 754 4210 753 4210 754 4210 754 4210 754 4210 754 4210 754 4210 754 4210 754 4210 754 4210 753 4210 754 4210 794 4810 754 3101 754 3120 754 4810 753 4210 754 4210 753 4210 754 4210 Total for Public Works Total for Water/Wastewater Fund Antenna,DBI grid,U-bolt 404 2370000 OBI antenna 404 2370000 Wireless station, remote bridge 404 2370000 12 mo subscription-McCabe 404 2370000 Total for Department Bag clips 755 3120 Yo Yos 755 3120 Fair Guide 755 4410 Conservation ad 755 4410 Antenna,OBI grid,U-bolt 755 3120 OBI antenna 755 3120 Oil pads 755 3120 Wireless station, remote bridge 755 3120 Antifreeze processing 755 4810 12 mo subscription-McCabe 755 3120 Landfill soil excavation 755 3120 Install flow meter 755 4810 Landfill engineering pe 08-31 755 4150 Landfill engineering pe 08-31 795 4150 Landfill engineering pe 08-31 795 4150 Landscape maintenance-Sept 755 4150 Safety lunch-Evans 755 3120 Professional svcs pe 08-31 755 4150 ~~ Qwest billing 755 4210 Page 11 Amount 46.75 23.37 39.08 59.52 59.29 60.02 59.29 59.29 59.29 59.29 88.55 40.75 1,014.00 312.47- 209.91 1,287.58 7.92 12.04 5.46 45.24 38,590.95 45,159.22 11.73- 13.98- 460.25- 3.53- 489.49- 1,153.69 484.53 70.50 3,040.00 154.78 184.46 91.50 6,072.99 60.00 46.53 25,771.30 628.07 3,144.67 9,572.50 934.29 1,482.34 60.80 140.00 116.87 01110/10-16:00 City of Port Angeles, LIVE MACHINE October 10 2001 Page 13 CHECK REGISTER . Date From 09/22/2001 To 10/05/2001 Fnd Opt Check Vendor Vendor Descripti on GL Code Amount Nunber Name Nunber Nunber 65970 McMaster-Carr Supply Co. 13202 Ball valves,pipe wrap marker 760 3402 1,102.20 Wheel chocks,drawer slides 760 3402 268.24 65972 McPherson Emergency Vehicle 13493 Relay switch 760 3402 117.99 65982 Novus Windshield Repair 14206 2 windshields 760 4810 64.92 2 windshields 760 3402 110.36 65986 Pacific Utility Equipment Inc. 21011 Spacer bearing 760 3402 49.84 Socket assembly, brush strips 760 3402 30.53 Brush strips 760 3402 53.17 Brush strips 760 3402 54.07 Socket assembly 760 3402 102.15 Shifter assembly 760 3402 561.64 65994 Port Angeles City Treasurer 03062 Trsfr license plates-Burrett 760 3101 11.25 65999 Qwest 21001 09-14 Qwest billing 760 4210 23.37 66015 Tranco Transmissions Inc. 20036 Service transmission 760 3402 211. 70 Replace transmission 760 3402 69.27 Replace transmission 760 4810 175.28 Replace transmission 760 4810 379.78 Replace transmission 760 3402 159.23 66019 United Rentals Inc 16034 Plate Compactor 760 6410 2,001.70 66025 Washington (DIS), State of 23111 Scan chgs-August 760 4210 17.94 . 66026 Western Equipment Distrib. Inc 23019 Danger decal,V-belt 760 3402 101.43 Decals 760 3402 84.72 Fuel tank 760 3402 286.10 Breather 760 3402 17.36 Total for Public Works 9,607.11 Total for Equipment Services Fund 9,503.25 502 0002 65765 Brooks, Gary 022n Inkjet printer,camera case 250 3101 514.92 65903 Advanced Travel 01090 Harper to Kirkland 09-11 250 4310 352.16 Brooks to Kirkland 09-11 250 4310 168.00 65930 CompuCare 03506 Memory 250 4810 120.00 65999 Qwest 21001 09-14 Qwest billing 250 4210 70.12 66022 Verizon Wireless, Bellevue 01105 Verizon billing 09-15 250 4210 17.03 66025 Washington (DIS), State of 23111 Groupwise 6,Standby server 250 4800 828.98 Scan chgs-August 250 4210 13.51 Total for Information Technology Fund 2,084.72 503 0001 65n9 Clallam Co YMCA 03076 Membership renewal-Ziomkowski 121 4150 570.00 65783 Curves for Women 03618 Membership-Washke 121 4150 343.43 Membership-Simmons 121 4150 343.43 Membership-Hamilton 121 4150 343.43 65802 Gordy's Pizza & Pasta 07272 Safety meeting lunch 118 4909 n.86 65825 Rainier EAP 18057 September Services 121 4150 330.00 . 65859 Sequim Aquatic Recreation Ctr. 19015 Renew membership-Dunbar 121 4150 522.50 65867 States West Life Insurance Co. 19313 October premium 121 4632 495.40 65873 UNUM Life Ins Co of America 21000 Long term disability-September 121 4631 2,333.97 65885 Yoder, Jan 25002 Reimburse medical svcs 121 4630 43.89 65887 AWC Employee Benefit Trust 01231 ~er premium-Medical 121 4630 69,479.70 01/10/10-16:00 City of Port Angeles - LIVE MACHINE . CHECK REGISTER Date From 09/22/2001 To 10/05/2001 Fnd Opt Check NlIIIber Vendor Name Vendor NlIIIber 697 698 . . 66025 Washington (DIS), State of 23111 65936 Diamond Construction 65971 McMenamin & McMenamin 65990 Peninsula College 65992 Pike, Nancy 04141 13485 16011 16550 65898 AFSCME Local #1619 01152 65899 AFSCME Local #1619 Scholarship 01153 65935 DiMartino/WSCFF Disability 06052 65939 Employees Association 05041 65945 Firefighter's Local #656 06076 65946 Flex-Plan Services (Payroll) 06062 65958 IBEW Local #997 09034 65983 Office of Support Enforcement 15072 65984 Office of Support Enforcements15166 65993 Police Association 16156 66012 Teamsters Local #589 20056 66018 US Department of Education 21075 66020 United Way (payroll) 21028 66024 WSCCCE, AFSCME, AFL-CIO 23167 Description Reimburse expenses Reimburse expenses Trailer rental Scan chgs-August October 10 2001 GL Code Nl.II1ber 868 4310 868 4210 868 4530 868 4210 Total for Esther Webster Trust Fund Refund overpmts Refund overpmts Rfd overpmt-no sales tax Rfd overpmt-Mutual Aid call 697 2391000 697 2391000 697 2391000 697 2391000 Total for Accts.Receivable Clearing Fund Payroll deductions pe 09-30 Payroll deductions pe 09-30 Payroll deductions pe 09-30 Payroll deductions pe 09-30 Payroll deductions pe 09-30 Payroll deductions pe 09-30 Payroll deductions pe 09-30 Payroll deductions pe 09-30 Payroll deductions pe 09-30 Payroll deductions pe 09-30 Payroll deductions pe 09-30 Payroll deductions pe 09-30 698 2315200 698 2315200 698 2315190 698 2315210 698 2315200 698 2315210 698 2315200 698 2315210 698 2315210 698 2315210 698 2315200 698 2315210 698 2315240 698 2315200 Total for Accounts Payable Clearing Fund 27 Grand Total Page 15 Amount 146.71 30.21 47.61 61.40 1,391.59 1,203.30 89.20 190.24 573.00 2,055.74 82.00 164.00 794.55 336.00 1,060.00 962.48 560.20 1,065.81 181.38 255.00 1,726.00 69.41 350.07 2,918.22 10,525.12 816,100.48 . MEMO FINANCE DEPARTMENT Yvonne Ziomkowski Finance Director [4601] Karen Asquith Accounting Manager [4605] . Carol Hagar Administrative Assistant [4600] . FORTANGELES WAS H I N G TON, U. s. A. October 16,2001 To: Mayor Doyle and City Council / Yvonne Ziomkowski, Finance ~~ Payroll Information as of September 30,2001 From: Re: The difference between the 2000 and 2001 payroll for the whole City, year-to-date, is 4.11 %. General Fund variances are less than 1 %. The variance in the City Manager's Department can be attributed to a retirement payment for Human Resources and the hiring of a part-time Deputy Clerk. In 2001, the Light Division level appears higher due to a 2000 vacancy. Vacation payouts are the reason for the variance in Public Works and Utilities Department. I will be available to respond to any questions. 29 MEMO OFFICE OF THE CITY MANAGER Michael Quinn City Manager [4501] Sharon "Sam" Martin Executive Administrative Assistant [4500] Becky J. Upton, CMC City Clerk / Management Assistant [4634 ] Tanya O'Neill Information Services [4630] Robert Coons Human Resources Manager [4511] .~ Timothy Smith Economic Development Director [4804] Camille Headrick Human Resources Assistant [4510] ,: '.~ ,;"'~~:~-:-;~U'i?:;~~ .'!:':!"-c'~, ~ORTANGELES WAS H I N G TON, U. S. A. To: Mayor & Council From: Michael Quinn Date: October 12, 2001 Subj: Gateway Project On October 11 th, Dan DiGulio and Sandie Barnhart of Clallam Transit and myselfmet with representatives ofFTA at the Federal Building in Seattle. Our purpose was to gain clarification ofFTA's participation in certain impacts associated with the possibility of constructing a lid and retaining some parking spaces associated with the project. Council may recall that the Gateway Review Committee met on 8/23/01 and adopted a motion to reconsider lidding the existing hole at the comer of Lincoln & First using the cost estimates from MerrittlPardini. The Committee also recommended that staff select an engineering firm to be available at Heckman's cost to provide an alternative cost estimate for any proposal to further expand and excavate the site for additional underground parking. We met with their staff and posed the following questions: 1. Is excavation ofthe site an eligible expense? Generally FTA does not get involved in costs associated for the general benefit of parking beyond that associated with transit functions. They felt fairly strongly that any such excavation would not be eligible; and at the very least, we would likely push beyond the acceptable limits of our approved environmental documents and permits. 2. Is the lid structure eligible? While initially their response was guarded and dependent upon the environmental impacts associated with the structure, further conversations gave us the assurance that the lid structure would likely be eligible. It would involve more project cost to which we would still be bound by the original resources for the project. 3. Are the parking improvements such as lighting, surfacing, markings, etc, under the lid eligible? Similar to the above discussion, general parking facilities are not eligible. However, as we explored the possibility of preserving existing parking for transit related impacts it became more permissive for eligibility. We believe that designating these spaces for transit- related parking and as spaces under contract through transit, all of these costs would then be eligible. 4. Are parking improvements a mitigation for business relocation? The Additional information for: CTS Agenda Item No.: .............. ,',. Center Project Gatewa MEMORANDUM Clallam Transit System Date: To: October 12,2001 CTS Authority Board Members Daniel A. Di Guilio, General Manager Memo No: J-17 From: Subject: Meeting with FTA Staff re: Gateway Project On Thursday October 11, 2000, Sandie Barnhart, Mike Quinn and I met with Federal Transit Administration (FTA) Regional Administrator Helen Knoll and her staff t9. discuss .. Issues' related to the Port Angeles Gateway project. The meeting went""\Nell:ancf' we were able to resolve some areas of uncertainty related to eligibility of costs associated with the project. Specifically, we learned: We should submit, as soon as possible, a letter explaining any project changes and possible related environmental impacts. We believe there will be no additional impacts and will provide our rationale to FT A as soon as possible. We will have to receive an approval from FT A before we can instruct our consultants to proceed to final design. FT A will not participate in any costs associated with excavating the area under the Budget parking lot to provide for additional public parking. The cost of constructing a lid over the existing excavated area and the cost of improvements to the covered parking below for transit park-and-ride are eligible expenses. If a private entity wanted to acquire the property, build the lid and lease the airspace above . the lid, FTA would pay for improvements to the area above the lid only. FT A ~ould require ari" a9reement that guarantees the long-term ability for CTS to use and control the area . . above the lid (Le., 50 years.) FTA would monitor the accounting and timing of construction stages very closely, to ensure FT A funds were not used for the private sector development. FTA staff is researching whether or not Clallam Transit and the City could sole source the management of any parking associated with the project. Their preference is that we follow normal FT A procedures and request proposals from interested parties wanting to manage the parking. If FTA pays for the lid and park-and-ride facilities below the lid, we can charge a fee for using the parking. All revenue received from parking can be used to support activities associated with the entire Gateway project. An acceptable way of determining the cost of constructing a lid is to prepare bid documents that include the lid and related parking improvements and asking as an option what it would cost to construct the project by filling the excavated area. .. MOODY'S ASSIGNS A2 RATING TO CITY OF PORT ANGELES, WASHINGTON UNLIMITED TAX GENERAL OBLIGATION BONDS APPROXIMATELY $9.2 MILLION IN DEBT AFFECTED Port Angeles (City of) WA Municipality Washington Moody's Rating Issue Rating Unlimited Tax General Obligation Refunding Bonds, Series 2001 Sale Amount Expected Sale Date Rating Description A2 $2,965,000 10/16/01 Unlimited Refunding Tax General Obligation Bonds NEW YORK, October 15, 2001 -- Moody's has assigned an A2 rating to the $2.97 million offering of the City of Port Angeles Unlimited Tax General Obligation Refunding Bonds, 2001. At the same time, Moody's has affirmed its outstanding A2 rating on the city's unlimited tax general obligation bonds in the amount of $3.3 million. The bonds are secured by an unlimited property tax pledge. Proceeds will be used to refund a portion of the city's callable Unlimited Tax General Obligation Bonds, 1991 and 1992. The A2 rating is primarily based on modest tax base growth, below average socioeconomic indicators, well-managed finances with satisfactory reserves, and a manageable debt burden. TAX BASE EXHIBITS MODEST GROWTH; RESIDENT WEALTH IS SLIGHTLY BELOW AVERAGE The city is located on the northern coast of Washington's Olympic Peninsula, approximately 80 miles northwest of Seattle. Formerly supported by a natural resources-based economy, the city has transitioned to an economy dependent on a large retirement population. As jobs in the natural resources industry dwindled due to automation, retirees began moving into the area and buying homes, contributing to increases in the city'S tax base. Valued at approximately $1.03 billion in 2001, the city's tax base has averaged modest annual growth of 1.0% between 1996 and 2001. The closing of the Rainier Mill resulted in a decline in assessed value in 2001. Due to the on-going influx of retirees, city officials expect construction of new homes and turnover of existing homes to continue, which should result in moderate tax base growth in the near-term. Socioeconomic indicators show a level of resident wealth slightly below state averages due in part to the relatively remote nature of the city. As of the 1990 census, median family income and per capita income were 83.1% and 86.6% of state levels, respectively. WELL-MANAGED FINANCES RESULT IN SATISFACTORY RESERVES Officials maintain as an unwritten goal for the city's financial reserves that General Fund balance should equal a minimum of 10% of General Fund revenues. Despite the city's loss of motor vehicle excise tax revenues and the closing of the Rainier Mill, city finances have shown a much higher level of reserves i than the stated goal. However, officials have sought to draw down somewhat through transfers to other funds and one-time capital expenditures. The city's General Fund balance for fiscal 2001 ($2.5 million) was equal to 19.5% of ~ I ~-,~",,~ ~..._ ;;iJ,~: ," 1~-- .\ Steve Gaidos Consulting, LLC Municipal Financial Advisory Services City of Port Angeles, Washington $2,995,000 Unlimited Tax General Obligation Refunding Bonds, 2001 $2,560,000 Electric Revenue Refunding Bonds, 2001 Pricing Report October 16, 2001 Background: 15th of October, Seattle Northwest Securities entered the marketwith the City's bonds on October 16th. Upon commitment by purchasers for approximately 55% of the bonds, Seattle Northwest Securities committed to the City to underwrite the bonds at the interest rates, yields and prices indicated on the attached pages. Early this year it was determined that the potential existed to refinance outstanding debt of the City to lower annual debt cost The anticipated refinancings could potentially save the taxpayers of the City over $300,000 and the City Light customers over $700,000. Market conditions for the Treasury and Municipal bond markets would have to improve to realize the savings but it was reasonable to assume that the improvements were possible. Objectives: On July 23 a Request for Proposals was issued to obtain an underwriter for the potential refinancing of the City's outstanding unlimited tax general obligation bonds and City Light revenue bonds. Two excellent proposals were received and Seattle Northwest Securities was narrowly selected to serve as underwriter for the refinancing. Our objective for the financing was to obtain competitively priced underwriting services from an underwriter capable of aggressively marketing the issue. With those services our objective was to realize a present value savings in debt repayment on each bond issue refinanced of 5% or greater. Results: Work began on the preparation of the preliminary official statements for the bonds as well as the preparation of the rating and insurance presentations. An application for an underlying rating was made to Moody's Investors Service and insurance applications were made to MBIA, AMBAC, FGIC and FSA insurance companies. The insurance guaranties timely and full payment of the debt service on the bonds, when due in the even the City is unable to make a timely payment. The City obtained a solid A3 rating from Moody's for its City Light revenue bonds and the bonds qualified for insurance from AMBAC at a favorable premium. The City obtained an A-2 rating for its unlimited tax general obligation bonds and a commitment from MBIA to insure the bonds. After a negotiating interest rates and yields at pre-pricing conference calls .with Yvonne Ziomkowski and Steve Gaidos on the 12th and Though municipal interest rates moved in favor of the City and the refundings over the past couple of months, interest rates on Treasury securities moved down even faster producing negative arbitrage in the refunding escrow which results in a lower savings. The longer an escrow must be used for a refinancing the more the impact on savings if there is negative arbitrage. The 1995 bonds had a 5-year escrow the 1992 bonds, a one-year escrow. The result was the potential savings for the 1995 City Light bond was reduced to an unacceptable level. Consequendy, the choice was made to refinance only the 1992 bonds at this time. The 1995 issue will likely become a candidate for refunding again at a later date. Due to the short escrow period required for the unlimited tax bonds, both of the outstanding issues continued to show the potential for a substantial savings. On the morning of the 16th, the Treasury market moved lower again relative to the municipal market, again negatively impacting the possible savings on each remaining refunding. However, the savings the City will realize is in excess of 9.6% of the bonds being refunded for the City Light bonds and in excess of 11.7% on the unlimited tax general obligation bonds. A typical savings through the refunding process is 5% or less and sometimes as low as 3%. If however, the issuer waits to refinance until closer to the call date of the bonds being refinanced, as Port Angeles has done, the savings can be much better. Consequendy, though lower than it might have been, the savings will be substantially above that normally attained. The City has obtained a competItIve underwriting proposal from Seatde Northwest Securities on each of the refinancings. The proposed underwriting cost of .675% for the City Light bonds and .540% for the unlimited tax bonds is very favorable for the City. The bonds were marketed with an Original Issue Discount (OID) of $7,290.25 for the City Light refunding bonds and $2,037.55 for the unlimited tax bonds (see "Sources & Uses of Funds"). The OID serves to reduce the interest rates on the bonds and will help increase the savings. The true interest cost of the City Light issue is 4.84%, a good rate for a 20-year revenue bond. The true interest cost for the unlimited tax bond is 3.89% which, based on comparable issues in the bond market, is a very competitive interest rate for the bonds. Finally, the City will save $234,058 for the rate payers of the City Light utility and the taxpayers will save $335,115. The savings is net of all costs. The calculations have been verified as to accuracy by the international accounting firm of Grant Thornton. The escrow will be held by U.S. Bank Trust National Association. The insurance commitment by MBIA for the City's unlimited tax refunding bonds is at an insurance premium of 0.295% of total debt service or $11,000. The insurance commitment by AMBAC for the City Light refunding bonds is at an insurance premium of 0.466% of total debt service or $18,892. The insurance provided the City with a "AAA" rating for the issues, which resulted in interest rates well below those that could have been obtained on it's own ratings, more than offsetting the cost of the insurance, in present value terms. Financial markets: The national Bond Market had been relatively volatile since September 11. Recendy the local markets have experienced a significant increase in supply as issuers who delayed sales, are now entering the market. The result is an increase in yields and interest rates relative to the early part of the month. Rates in Washington have been slighdy higher than the national average due to the glut of supply (see "Municipal Yield Index"). On October 2nd, the Fed decreased the fed funds rate, which resulted in an immediate decline in interest rates as market participants anticipated the move (see ''Bond Buyer Index"). This movement completed a general drop in municipal interest rates that began in April. Though municipal interest rates have increased over the past two weeks, rates are near the 30-year lows. The following are additional general comments about the economy and bond markets over the past few days from Reuters news: 2 , , i:~':,i.'",) ':i!W' ~~ ~.;;" .; CHICAGO, Oct 11 (Reuters) - Tax-exempt bonds tumbled a quarter to three-eighths of a point on Thursday battered by new supply, bid lists and a rally in stocks, traders said. The market was hit with a barrage of new bonds, as well as an estimated $400 million in bid lists, while a rally in stocks lifted some indices above their pre-Sept. 11 levels, eroding the safe- haven attraction of debt securities like munis and U.S. Treasuries. "Dealers have bonds and nowhere to go with them," said a muni market trader in New York City. NEW YORK, Oct 12 (Reuters) - U.S. Treasuries edged higher in early trade Friday as investors awaited a string of economic reports on retail sales and consumer sentiment in October that could reveal further weakness after last month's attacks and boost hopes for more interest rate cuts. Treasuries retreated for most of this week as stocks surged, even as U.S.-led air strikes began in Afghanistan, and as dealers priced in the prospects for more debt supply to pay for economic stimulus, reconstruction and new defense measures. The strong rise in stocks, which pushed both the S&P 500 and Nasdaq indices above levels hit just before the Sept 11 attacks, spurred by a wave of investors confidence, has forced market players to scale back the odds of more aggressive Federal Reserve interest rate cuts. "There's no doubt that if the equity market continues to power ahead, we could lose some of that quality bid that helped prices last month, and drift lower," said Bill Sullivan, financial market economist at Morgan Stanley in Jersey City, New Jersey. The bond market now is looking for signs of deepening economic deterioration to bolster hopes the Fed will keep up its aggressive campaign to slash short-term rates to spark more borrowing and spending by consumers and businesses. NEW YORK, Oct 15 (Reuters) - U.S. municipal bonds started trade on Monday with a hesitant and heavy tone because last week's new issues met with less demand than previous calendars and because property and casualty insurance companies still look to be raising cash by selling tax-exempts. G ;5' For the past two weeks or so, property and casualty companies, which traditionally are big holders of municipal bonds, have been liquidating their portfolios because they are getting hit with hundreds of millions of dollars of losses from the Sept. 11 air attacks on the World Trade Center in New York City. The municipal market will be socked with another $5.6 billion of new issuance this week. "This week there will be a number of interesting issues coming to market at higher absolute yields and better relative spread to the benchmark (Municipal Market Data) AAA scale," said Chris Mier, a municipal market strategist at Loop Capital Markets in Chicago. "It's a buyer's market." ":1 I Among the largest new negotiated deals this week will be Tuesday's Detroit school district $475 million of general obligation bonds through a Siebert Brandford Shank & Co. group. The one- day retail order period IJegins on Monday. Also, the New York State Thruway Authority will sell $335 million of highway and bridge trust bonds via a Lehman Brothers-led syndicate and the Orlando Utility Commission will sell $243 million revenue bonds through a Goldman Sachs & Co. group. New York City rescheduled a competitive sale of $1.5 billion of revenue anticipation notes for Wednesday. The notes are backed by state education aid. Last week municipal yields rose about five basis points, as the market traded lower under the weight of heavy supply. Though Treasuries rose handsomely on Monday morning,. they also had struggled last week as investors sold bonds to reinvest in a stock market that had been strong for much of the week. Concern over increased Treasury issuance was another factor that pushed Treasury rates higher. The relative attractiveness of municipals compared to Treasuries has helped support the municipal market as Treasuries traded lower, Mier explained. What's next: A purchase offer for the bonds is being presented to the City Council tonight for consideration. If accepted by the passage of the Bond Ordinance, the settlement will occur on November 1, 2001. The City will need to 3 ,: ~<- i<'-Ci < \jr,' publish the Bond Ordinance as soon as possible in order it to become effective by the settlement date. In addition, a call of the outstanding 1992 unlimited tax bonds being refunded must be made on November 1st. That call notice is being coordinated by the Financial Advisor, the City, the Trustee and the Fiscal Agency of the State to assure its implementation. City. The bonds will be replaced by the new refunding bonds. Recommendation: On the 1st of November, Seattle Northwest Securities will wire the purchase price of the bonds together accrued interest to the Trustee for the account of City, the insurance premiums to the respective insurance companies and the other costs of issuance to the Trustee for distribution at the closing. As Financial Advisor to the City, Steve Gaidos Consulting, liC recommends acceptance of the purchase offer of Seattle Northwest Securities for the City's $3,000,000 Unlimited Tax General Refunding Bonds, 2001 . and 2 '. 00 Electric. revenue Refunding 0 01. Exhibits: The Trustee will purchase the escrow securities as indicated by the refunding calculations to complete refinancings. The escrow securities are State and Local Government Treasury Obligations. Once the settlement is completed the refunded City Light and unlimited tax general obligation bonds will no longer be an obligation of the The following pages provide market information, comparable sales information as well as selected pages from the refunding calculations to demonstrate the interest rates for the bonds, savings and issuance costs for each refunding. Muni Bond Yields Mon, 15 Oct 2001, 6:37pm EDT NATIONAL MUNI BOND YIELDS f ,~'j; ''; "''Y''.t1 ,~;~~ ,.;~ ,,;;.' .~- .) Triple-A Rated, Tax-Exempt Insured Revenue Bonds. 't;, l' 10/15 10112 Change in 31% eq 10/8 9117/2001." 4i16/200ri Maturity Yield Yield Yield Yield Yield Yield Yield Two year 2.55% 2.55% 0.00% 3.70% 2.54% 2.75% 3.54% Five year 3.36% 3.36% 0.00% 4.87% 3.35% 3.44% 3.97% Seven year 3.78% 3.78% 0.00% 5.48% 3.76% 3.80% 4.20% Ten year 4.23% 4.23% 0.00% 6.13% 4.20% 4.22% 4.53% Fifteen year 4.81% 4.81% 0.00% 6.97% 4.79% 4.75% 5.03% Twenty year 5.16% 5.16% 0.00% 7.48% 5.11% 4.99% 5.26% Thirty year 5.24% 5.24% 0.00% 7.59% 5.19% 5.08% 5.36% This infonnation is provided by The Bond Markel Association and Bloomberg L.P. to be used solely as a benchmark for particular categories of municipal bonds. The yields for maturities beyond ten years represent a callable bond. The yields are a composite of round lot ($250,000 or above) prices based on bonds which have coupons that reflect current markel conditions. Taxable equivalent yields would be higher for bondholders subject to a Federal marginal tax rate of more than 31 %. 4 ,.:;.;b~;.i~:~ BBUK20GO NY 110CI01 16:21 Mid Line Range IIIDDIED ~ Period Ueekly Upper Chart: 0 Hid line Hoving Averages ... ... f , . . ----__.__~_______________L__~_________~__....______~_________ . . I t I I I I . . . . . . --..-r-----......-~------------r------.-- . ac:..tId us . 0tQ00t G34 5.1123 U. Q!lBIUl 4Jl5 I _.1_____ . . . . -..,----- . . . 5.3 S.3S I . . , --------~--------_.-----~---_._-_._--.---_._-- .~_.__.____L__.__..________j_________~_____ . . I . I . . '.:1 --------r---------------,---------T----- . I I I I. . I I -.-.---------._----~------~.-.----- I I I _J._____ I i . I 5.25 . . . . --.------~--------------~r 5.2 I I . . --.-.----~~--_.-------___L____________L___~~_____. I I . . . I I . . -------.~----.----------r----------w-r-.----------~.--_ I . I I . . . . I 5.15 ------.--------i-- I I . 5.1 s..os -.------~--.--..--------~-----...----t------------t------- ~-----.~._~------ 5 · I . I I' I I I , I.. --------~--..--------.--~------------;-------..-.-~---------------~--.------t..--. 4JS it . I . 'I Australia 61 Z !11?7 ~ Brazil l5811 3048 <<lOO fcroplt .... 20 1330 i'Sl"S Hong Kcnw SS2 Z37? 6200 Jgpan 81 3 3201 8880 ~ ~ itlZ lZM U.S. 1 212 318 2000 ~ 49 69 !J2041210 CoIxriaht 2100[ 81~ L.P. I7b0-529-1 12-00\-01 13<22'11 I~ 5 City of Port Angeles Comparable Sales West Valley Klikitat Co. Issuer Tacome SD No. 208 PUD King County Arlington Ellensburg fj'.:" Type Rev UTGO Revenue LTGO LTGO Elec. Rev Amount $53,200,000 $ 3,080,000 $25,670,000 $36,555,000 $ 4,400,000 $ 2,500,000 Comp/Neg Comp Neg Neg Comp Neg Neg Rating AAA/ Aaa- Ins Aaa - Ins AAA - Ins AAA/AA1- Ins Aaa - Ins AAA - Ins Sale Date 10/9/01 10/10/01 10/10/01 10/15/01 10/15/00 10/15/01 BQ No Yes No No Yes Yes YEAR 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 If. 2013 i ;:" 2014 ~, 2015 2016 2017 2018 2019 2020 2021 Yield Yield Yield Yield Yield Yield MMD Yields Port Angeles Port Angeles UTGO Elec. Rev $ 2,995,000 2555000 Neg Neg Aaa - Ins Aaa - Ins Aaa - Ins 10/15/01 10/16/01 10/16/01 Yes Yes Yield Yield Yield 2.250% 2.380% 2.160% 2.290% 2.400% ~i:~~~41X~JZ~~~~:t~j~2:;:.{{<t.-~_ 2.390% 2.750% 2.800% 2.92 2.7 2.780% 2.890% 2.990% 3:420% 3.400% 3.300% 3.230% 3.290% 3.480% 3.820% 3.700% 3.750% 3.880% 3.690% 3:850% 3.750% 4.550% 4.470% 4.450% 4.430% 4.770% 4.720% 4.650% 4.750% 4.670% 4.750% ~_j{~(*17.._j~~i~~_\lfi~_ 4.730% 4.930% 4.910% 4.800% 4.860% _f$~~-'l~r~$iU~~_~,~-t."_ 4.900% 5.100% 5.060% 4.870% 5.000% _~0~~l't~~J~l_~~Q~~~~:~~'9lD_ 6 ., ~ iIJ ;';Ii< ","'diy~'~\ ,.. "i.t;~ ~ -" :'"'~ SUMMARY OF REFUNDING RESULTS City of Port Angeles, W A Refunding of 1991 & 1992 UTGO Bonds Final Numbers Dated Date Delivery Date Arbitrage yield Escrow yield Bond Par Amount True Interest Cost Net Interest Cost Average Coupon Average Life Par amount of refunded bonds Average coupon of refunded bonds Average life of refunded bonds PV of prior debt to 1 I/O 1/2001 @ 3.809380% Net PV Savings Percentage savings of refunded bonds Percentage savings of refunding bonds lI/01/2001 11/01/2001 3.809380% 2.298508% 2,995,000.00 3.906035% 3.837966% 3.745653% 6.509 2,845,000.00 6.489242% 6.519 3,315,209.76 333,115.81 11.708816% 11.122398% Bond Component Maturity Date BOND PRICING City of Port Angeles, W A Refunding of 1991 & 1992 UTGO Bonds Final Nwnbers Amount Yield Premiwn (-Discount) Series A: Rate Price 11/01/2002 11/01/2003 11/01/2004 11/01/2005 11/01/2006 11/01/2007 11/01/2008 11/01/2009 11/01/2010 11/01/2011 11/01/2012 75,000 3.250% 2.290% 100.943 175,000 3.250% 2.490% 101.473 285,000 2.800% 2.800% 100.000 290,000 3.500% 3.080% 101.569 305,000 3.500% . 3.320% 100.823 315,000 3.500% 3.560% 99.678 330,000 3.625% 3.770% 99.115 340,000 3.750% 3.900% 98.977 350,000 4.000% 4.000% 100.000 370,000 4.000% 4.100% 99.186 160,000 4.125% 4.250% 98.910 2,995,000 707.25 2,577.75 4,550.10 2,510.15 -1,014.30 -2,920.50 -3,478.20 -3,011.80 -1,744.00 -1,823.55 Dated Date Delivery Date First Coupon Par Amount Original Issue Discount Production Underwriter's Discount Purchase Price Accrued Interest Net Proceeds 11/01/2001 11/01/2001 05/01/2002 2,995,000.00 -1,823.55 2,993,176.45 -16,173.00 99.939114% -0.540000% 2,977,003.45 99.399114% 2,977,003.45 SOURCES AND USES OF FUNDS City of Port Angeles, WA Refunding of 1991 & 1992 UTGO Bonds Final Numbers Dated Date Delivery Date 1110112001 11101/2001 Sources: Bond Proceeds: Par Amount Net Original Issue Discount 2,995,000.00 -1,823.55 2,993,176.45 Uses: Refunding Escrow Deposits: Cash Deposit SLG Purchases 1.89 2,941,660.00 2,941,661.89 Delivery Date Expenses: Cost ofIssuance Underwriter's Discount Bond Insurance (MBlA @ .295%) Financial Advisor Official Statement (SG) 14,950.00 16,173.00 11,000.00 5,809.06 3,500.00 51,432.06 Other Uses of Funds: Additional Proceeds 82.50 2,993,176.45 Oct 16,2001 12:17 pm Prepared by JEBS- Seattle-Northwest Securities (Finance 4.415 k:\pt\dbc\city\Port Angeles:R9192) Page 6 SUMMARY OF REFUNDING RESULTS City of Port Angeles, W A Electric Revenue Refunding Bonds, 2001 (Ref. 1992) Final Numbers Dated Date Delivery Date Arbitrage yield Escrow yield 11/01/2001 11/01/2001 4.762904% 2.278788% Bond Par Amount True Interest Cost Net Interest Cost Average Coupon Average Life 2,560,00p.00 4.838979% 4.760416% 4.676272% 12.570 Par amount of refunded bonds Average coupon of refunded bonds Average life of refunded bonds 2,420,000.00 6.368902% 13.271 PV of prior debt to 1110112001 @4.762904% Net PV Savings Percentage savings of refunded bonds Percentage savings of refunding bonds 2,807,288.46 234,058.95 9.671857% 9.142928% Oct 16, 2001 12:12 pm Prepared by JEBS- Seattle-Northwe~~15 k:\pf\dbc\city\Port Angeles:PORTANGL-R92REV,01R92REV) Page I BOND PRICING City of Port Angeles, WA Electric Revenue Refunding Bonds, 2001 (Ref 1992) Final Numbers Maturity Premium Bond Component Date Amount Rate Yield Price (-Discount) Serial Bonds to 2010: 09/01/2002 30,000 2.400% 2.400% 100.000 09/01/2003 85,000 2.500% 2.500% 100.000 09/01/2004 90,000 2.850% 2.890% 99.889 -99.90 09/01/2005 95,000 3.150% 3.160% 99.961 -37.05 09/01/2006 95,000 3.400% 3.400% 100.000 09/01/2007 100,000 3.600% 3.640% 99.787 -213.00 09/01/2008 100,000 3.850% 3.850% 100.000 09/01/2009 100,000 3.950% 3.980% 99.795 -205.00 09/01/2010 110,000 4.050% 4.080% 99.774 "248.60 805,000 -803.55 Term Bond due 2016: 09/01/2011 115,000 4.700% 4.730% 99.676 -372.60 09/01/2012 115,000 4.700% 4.730% 99.676 -372.60 09/01/2013 120,000 4.700% 4.730% 99.676 -388.80 09/01/2014 130,000 4.700"10 4.730% 99.676 -421.20 09/01/2015 130,000 4.700% 4.730% 99.676 -421.20 09/01/2016 140,000 4.700% 4.730% 99.676 -453.60 750,000 -2,430.00 Term Bond due 2022: 09/01/2017 150,000 4.900% 4.950% 99.347 -979.50 09/01/2018 155,000 4.900% 4.950% 99.347 -1,012.15 09/01/2019 165,000 4.900% 4.950% 99.347 -1,077.45 09/01/2020 170,000 4.900% 4.950% 99.347 -1,110.10 09/01/2021 175,000 4.900% 4.950% 99 .347 -1,142.75 09/01/2022 190,000 4.900% 4.950% 99.347 -1,240.70 1,005,000 -6,562.65 2,560,000 -9,796.20 Dated Date 11/01/2001 Delivery Date 11/01/2001 First Coupon 03/01/2002 Par Amount 2,560,000.00 Original Issue Discount -9,796.20 Production 2,550,203.80 99.617336% Underwriter's Discount -17,280.00 -0.675000% Purchase Price 2,532,923.80 98.942336% Accrued Interest Net Proceeds 2,532,923.80 Oct 16.2001 12:12 pm Prepared by JEBS- Seattle-Northwe$FBwu1U:tit!J15 k\pf\dbc\citv\PortAngeles:PORTANGL-R92REV.0IR92REV) Page 5 SOURCES AND USES OF FUNDS City of Port Angeles, W A Electric Revenue Refunding Bonds, 2001 (Ref. 1992) Final Numbers Dated Date Delivery Date 11/01/2001 11/01/2001 Sources: Bond Proceeds: Par Amount Original Issue Discount 2,560,000.00 -9,796.20 2,550,203.80 . Other Sources of Funds: Current DSRF Balance 419,541.00 2,969,744.80 Uses: Refunding Escrow Deposits: Cash Deposit SLG Purchases 1.19 2,525,894.00 2,525,895.19 Other Fund Deposits: Debt Service Reserve Fund 377,009.53 Delivery Date Expenses: Cost ofIssuance Underwriter's Discount Bond Insurance (AMBAC @ .466%) Financial Advisor OS Preparation (SNWSC) 20,050.00 17,280.00 18,941.72 5,004.32 5,000.00 66,276.04 Other Uses of Funds: Additional Proceeds 564.04 2,969,744.80 I . . . ]?ORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: OCTOBER 16, 2001 To: MAYOR DOYLE AND CITY COUNCIL / YVONNE ZIOMKOWSKI,FINANCE DIREC~ BOND REFINANCING FROM: SUBJECT: Summary: On August 21, Seattle Northwest Securities was selected as underwriter for the refinancing ofthe City's outstanding 1991 and 1992 voted General Obligation bonds as well as the 1992 and 1995 Electric Utility bonds. The purpose of the refinancing is to achieve a savings for the taxpayers and the Electric Utility customers of the City. Recommendation: Staff recommends the City Council adopt the Ordinance accepting the offer to purchase so that the refinancing can be completed. The refunding bonds will pay all expenses related to the refinancing. Back~round / Analysis: After selecting Seattle Northwest Securities as an underwriter of the bonds at the August 21,2001, Council meeting, it was anticipated that the refinancing would be completed by September 18,2001. However, due to the tragic circumstances of September 11 and its effects on the securities markets, the sale of the bonds was postponed. Since then, the Federal Reserve lowered interest rates to 2.5%. Municipal and Treasury bond markets followed the trend. However, the Treasury market rates declined much further and more quickly than the municipal bond market. As a result ofthe market movements, the City can realize a savings of nearly 10% ofthe 1991 and 1992 bonds being refinanced. On average, the savings for issuers through refinancing of municipal bonds has been around 5%. However, due to the unusual difference between the treasury rates and the rates of the municipal market, as well as the restrictions under which refinancing are allowed, the refinancing of the 1995 Electric Utility issue has become less favorable. Ifthe Treasury rates do not resume a more reasonable relationship to municipal rates prior to October 16, 2002, we believe that conditions will improve in the near future. Should that happen, an offer to accomplish the refinancing ofthe 1995 Electric Utility bonds will be presented to the City Council at that time. Also, if the market stabilizes and remains at current low interest rates, it may be possible to refinance the outstanding 1995 voted General Obligation bonds which were issued for the Library. 31 . CITY OF PORT ANGELES, WASHINGTON UNLIMITED TAX GENERAL OBLIGATION REFUNDING BONDS, 2001 ORDINANCE NO. . AN ORDINANCE of the City of Port Angeles, Washington, authorizing the issuance and sale of unlimited tax general obligation refunding bonds of the City in the aggregate principal amount of $ to refund certain outstanding unlimited tax general obligation bonds of the City; authorizing the appointment of an escrow agent and the execution of an escrow agreement related to such refunding; providing the date and form of said bonds; providing for the disposition of the bond proceeds; providing for the annual levy of taxes to pay the principal of and interest on the bonds; and approving the sale ofthe bonds. PASSED: ,2001 Prepared by: PRESTON GATES & ELLIS LLP Seattle, Washington . 33 . Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. Section 12. Section 13. . Section 14. Section 15. Section 16. TABLE OF CONTENTS. Page Definitions............................................................................................................... 3 Purpose, Authorization and Description of Bonds .................................................. 7 Registration, Exchange and Payments .................................................................... 7 Redemption........................................................................................................... 12 Form of Bonds....................................................................................................... 16 Execution of Bonds............................................................................................... 18 Refunding Account and Call for Redemption of Refunded Bonds....................... 19 Pledge of Taxes and Credit ........................................ .................. ................. ........23 Defeasance............................................................................................................. 23 Tax Covenants; Special Designation.....................................................................24 Sale of Bonds .............................................................................. .~........................ 24 Undertaking to Provide Ongoing Disclosure ........................................................ 25 Bond Insurance...................................................................................................... 29 General Authorization........................................................................................... 29 Severability............................................................................................................ 29 Effective Date........................................................................................................ 30 . · Neither this Table of Contents nor the preceding cover page is a part of this ordinance. 35- P:\DOT\OOTONV 01/10/11 . . . ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, authorizing the issuance and sale of unlimited tax general obligation refunding bonds of the City in the aggregate principal amount of $ to refund certain outstanding unlimited tax general obligation bonds of the City; authorizing the appointment of an escrow agent and the execution of an escrow agreement related to such refunding; providing the date and form of said bonds; providing for the disposition of the bond proceeds; providing for the annual levy of taxes to pay the principal of and interest on the bonds; and approving the sale of the bonds. WHEREAS, the City of Port Angeles, Washington (the "City"), now has outstanding its unlimited tax general obligation bonds issued under date of December 1, 1991 in the original aggregate principal amount of $2,460,995 pursuant to Ordinance No. 2569 (the "1991 Bonds"), which remain outstanding as follows: Maturities (December 1) 2001 2002 2003 2004 2005 2006 2007 2011 Principal Amounts $ 110,000 115,000 125,000 130,000 140,000 150,000 160,000 760,000 Interest Rates 6.000% 6.150 6.300 6.400 6.500 6.600 6.700 6.900 ; and WHEREAS, Ordinance No. 2659 authorizes the defeasance and redemption of the 1991 Bonds maturing on and after December 1,2002, on and after December 1, 2001 (in whole on any date or in part on any interest date), at a price of par plus accrued interest, if any, to the date of redemption; and 37 . escrow agent be appointed and that certain Acquired Obligations be purchased out of the proceeds of sale of the refunding bonds and certain money of the City; and WHEREAS, it appears to the Council that it is in the best interests of the City and its taxpayers that the Bonds be sold to Seattle-Northwest Securities Corporation on the terms set forth herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN, as follows: Section 1. Definitions. The following words and terms as used in this ordinance shall have the following meanings for all purposes of this ordinance, unless some other meaning is plainly intended. Acquired Obligations means the Government Obligations acquired by the City under the . terms of this ordinance and the Escrow Agreement to effect the defeasance and refunding of the Refunded Bonds. Beneficial Owner means the beneficial owner of all or a portion of a Bond while such Bond is in fully immobilized form. Bond Fund means the General Obligation Bond Redemption Fund maintained by the City. [Bond Insurance Policy means the municipal bond insurance policy issued by the Insurer insuring the payment when due ofthe principal of and interest on the Bonds as provided therein.] Bond Register means the registration records for the Bonds maintained by the Bond Registrar. . Bond Registrar means the fiscal agency of the State of Washington in either Seattle, Washington, or New York, New York, whose duties include registering and authenticating the 39- P:\DOl\OOTONV 01/10/11 . . . Letter of Representations means a blanket issuer letter of representations from the City to DTC. MSRB means the Municipal Securities Rulemaking Board or any successor to its functions. 1991 Bond Ordinance means Ordinance No. 2659, passed by the Council on December 10, 1991. 1991 Bonds means the City of Port Angeles, Washington, Unlimited Tax General Obligation Bonds, 1991, issued pursuant to Ordinance No. 2659 of the City under date of December 1, 1991. 1991 Refunded Bonds means the 1991 Bonds maturing on and after December 1, 2002. 1992 Bond Ordinance means Ordinance No. 2721, passed by the Council on November 17, 1992. 1992 Bonds means the City of Port Angeles, Washington, Unlimited Tax General Obligation Bonds, 1992, issued pursuant to Ordinance No. 2721 of the City under date of November 15, 1992. 1992 Refunded Bonds means the 1992 Bonds maturing on and after November 1, 2003. NRMSIR means a nationally recognized municipal securities information repository. Refunded Bond Ordinances means the 1991 Bond Ordinance and the 1992 Bond Ordinance. Refunded Bonds means the 1991 Refunded Bonds and the 1992 Refunded Bonds. Refunding Account means the account by that name established within the Bond Fund pursuant to Section 7 of this ordinance. 4-')5 - P:\DOT\DOTONV 01/10/11 . . . Section 2. Purpose, Authorization and Description of Bonds. For the purpose of refunding the Refunded Bonds and thereby effecting a savings to the City and its taxpayers, the City shall issue its unlimited tax general obligation refunding bonds in the aggregate principal amount of $ (the "Bonds"). The Bonds shall be designated as the "City of Port Angeles, Washington, Unlimited Tax General Obligation Refunding Bonds, 2001" (the "Bonds"); shall be dated as of October 1,2001; shall be fully registered as to both principal and interest; shall be in the denomination of $5,000 each, or any integral multiple thereof, provided that no Bond shall represent more than one maturity; shall be numbered separately in such manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification; and shall bear interest from their date payable on the first days of each May and November, commencing on November 1,2001 at the following per annum interest rates and mature on November 1 of the following years in the following principal amounts: Maturity Years (November 1) 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Principal Amounts $ Interest Rates % Section 3. Registration, Exchange and Payments. 43- P:\DOT\DOTONV 01/10/11 (c) DTC Acceptance/Letter of Representations. To induce DTC to accept the . Bonds as eligible for deposit at DTC, the City will execute and deliver to DTC a Letter of Representations. Neither the City nor the Bond Registrar will have any responsibility or obligation to DTC participants or the persons for whom they act as nominees (or any successor depository) with respect to the Bonds in respect of the accuracy of any records maintained by DTC (or any successor depository) or any DTC participant, the payment by DTC (or any successor depository) or any DTC participant of any amount in respect of the principal of or interest on Bonds, any notice that is permitted or required to be given to Registered Owners under this . ordinance (except such notices as shall be required to be given by the City to the Bond Registrar or to DTC (or any successor depository)), or any consent given or other action taken by DTC (or any successor depository) as the Registered Owner. For so long as any Bonds are held in fully-immobilized form hereunder, DTC or its successor depository shall be deemed to be the Registered Owner for all purposes hereunder, and all references herein to the Registered Owners shall mean DTC (or any successor depository) or its nominee and shall not mean the owners of any beneficial interest in such Bonds. If any Bond shall be duly presented for payment and funds have not been duly provided by the City on such applicable date, then interest shall continue to accrue thereafter on the unpaid principal thereof at the rate stated on such Bond until such Bond is paid. (d) Use of Depository. (i) The Bonds shall be registered initially in the name of "CEDE & Co.", as nominee ofDTC, with one Bond maturing on each of the maturity dates for the Bonds in . a denomination corresponding to the total principal therein designated to mature on such date. 45- P:\DOnDOTONV 01/10/11 . . . in any authorized denomination. Upon receipt by the Bond Registrar of all then outstanding Bonds together with a written request on behalf ofthe Council to the Bond Registrar, new Bonds shall be issued in the appropriate denominations and registered in the names of such persons as are requested in such written request. ( e) Registration of Transfer of Ownership or Exchange; Change in Denominations. The transfer of any Bond may be registered and Bonds may be exchanged, but no transfer of any such Bond shall be valid unless such Bond is surrendered to the Bond Registrar with the assignment form appearing on such Bond duly executed by the Registered Owner or such Registered Owner's duly authorized agent in a manner satisfactory to the Bond Registrar. Upon such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the Registered Owner or transferee therefor, a new Bond (or Bonds at the option of the new Registered Owner) of the same date, maturity and interest rate and for the same aggregate principal amount in any authorized denomination, naming as Registered Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Bond, in exchange for such surrendered and cancelled Bond. Any Bond may be surrendered to the Bond Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds of the same date, maturity and interest rate, in any authorized denomination. The Bond Registrar shall not be obligated to register the transfer or to exchange any Bond during the 15 days preceding the date any such Bond is to be redeemed. (t), Bond Registrar's Ownership of Bonds. The Bond Registrar may become the Registered Owner of any Bond with the same rights it would have if it were not the Bond Registrar, and to the extent permitted by law, may act as depository for and permit any of its 4'1- p:\OOnOOTONV 01/10/11 . the operational arrangements in effect at DTC. If th~;Bonds are no longer held in uncertificated form, the selection of such Bonds to be redeemed shall be made as provided in this subsection (b). If the City redeems at anyone time fewer than all of the Bonds having the same maturity date, the particular Bonds or portions of Bonds of such maturity to be redeemed shall be selected by lot (in such other manner determined by the Bond Registrar) in increments of $5,000. In the case of a Bond of a denomination greater than $5,000, the City and Bond Registrar shall treat each Bond as representing such number of separate Bonds each of the denomination of $5,000 as is obtained by dividing the actual principal amount of such Bond by $5,000. In the event that only a portion of the principal sum of a Bond is redeemed, upon surrender of the such Bond at the principal office of the Bond Registrar there shall be issued to the Registered Owner, without charge therefor, for the then unredeemed balance of the principal sum thereof, at the . option of the Registered Owner, a Bond or Bonds of like maturity and interest rate in any of the denominations herein authorized. If Bonds are called for redemption, portions of the principal amount of such Bonds, in installments of $5,000 or any integral multiple of $5,000, may be redeemed. If less than all of the principal amount of any Bond is redeemed, upon surrender of such Bond at the principal office of the Bond Registrar there shall be issued to the registered owner, without charge therefor, for the then unredeemed balance ofthe principal amount thereof, a new Bond or Bonds, at the option of the Registered Owner, of like maturity and interest rate in any denomination authorized by this ordinance. . (c) Notice of Redemption. (i) Official Notice. Unless waived by any owner of Bonds to be redeemed, official notice of any such redemption shall be given by the Bond Registrar on behalf of the City by mailing a copy of an official redemption notice by first class mail at least 30 days 493- P:\DOT\DOTONV 01/10/11 . in accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption price. Installments of interest due on or prior to the redemption date shall be payable as herein provided for payment of interest. Upon surrender for any partial redemption of any Bond, there shall be prepared for the Registered Owner a new Bond or Bonds of the same maturity in the amount of the unpaid principal. All Bonds which have been redeemed shall be canceled and destroyed by the Bond Registrar and shall not be reissued. (iii) Additional Notice. In addition to the foregoing notice, further notice shall be given by the City as set out below, but no defect in said further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. Each further notice of redemption given hereunder shall contain the information required above for an official . notice of redemption plus (A) the CUSIP numbers of all Bonds being redeemed; (B) the date of issue of the Bonds as originally issued; (C) the rate of interest borne by each Bond being redeemed; (D) the maturity date of each Bond being redeemed; and (E) any other descriptive information needed to identify accurately the Bonds being redeemed. Each further notice of redemption may be sent at least 30 days before the redemption date to the Insurer, each NRMSIR, the SID, if any, and to the Underwriter or to its business successor, if any, and to such persons and with such additional information as the Bond Registrar shall deem appropriate, but such mailings shall not be a condition precedent to the redemption of such Bonds. (iv) Redemption Payments. Upon the paYment of the redemption price of Bonds being redeemed, each check or other transfer of funds issued for such purpose shall bear the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with the . proceeds of such check or other transfer. 515- P:\DOT\DOTONV 01/10/11 . . . This bond is one of an authorized issue of bonds of like date and tenor, except as to number, amount, rate of interest...an.ddate of matfuity in the aggregate principal amount of $ , and is issued for the purpose of refunding certain outstanding general obligation bonds ofthe City. The bonds of this issue are issued under and in accordance with the provisions of the Constitution and applicable statutes of the State of Washington and ordinances duly adopted by the City Council, including Ordinance No. (the "Bond Ordinance"). The bonds of this issue are subject to optional [and mandatory] redemption as provided in the Bond Ordinance. The bonds of this issue are not "private activity bonds" as such term is defined in the Internal Revenue Code of 1986, as amended (the "Code"). The bonds of this issue have been designated by the City as "qualified tax~exempt obligations" under Section 265(b) of the Code for banks, thrift institutions and other financial institutions. The City hereby irrevocably covenants that it will levy taxes annually upon all the taxable property in the City without limitation as to rate or amount and in amounts sufficient, with other monies legally available therefor, to pay the principal of and interest on the bonds of this issue as the same shall become due. The full faith, credit and resources ofthe City are hereby irrevocably pledged for the annual levy and collection of such taxes and the prompt payment of such principal and interest. The pledge of tax levies may be discharged prior to matfuity of the bonds by making provision for the payment thereof on the terms and conditions set forth in the Bond Ordinance. This bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall have been manually signed by or on behalf of the Bond Registrar. It is hereby certified that all acts, conditions and things required by the Constitution and statutes of the State of Washington to exist, to have happened, been done and performed precedent to and in the issuance of this bond have happened, been done and performed and that the issuance of this bond and the bonds of this issue does not violate any constitutional, statutory or other limitation upon the amount of bonded indebtedness that the City may incur. 537- P:\DOT\OOTONV 01110/11 . the persons who had signed or attested such Bonds had not ceased to be such officers, and any Bond may be signed or attested on behalf of the City by officers who at the date of actual execution of such Bond are the proper officers, although at the nominal date of execution of such Bond such officer was not an officer ofthe City. Only Bonds that bear a Certificate of Authentication in the form set forth in Section 5, manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered and are entitled to the benefits of this ordinance. Section 7. Refunding Account and Call for Redemption of Refunded Bonds. (a) Refunding Account. There is hereby authorized to be created in the Bond . Fund an account known as the "2001 Refunding Account" (the "Refunding Account"), which Account is to be held by the Escrow Agent and drawn upon for the sole purpose of paying the principal of and interest on the Refunded Bonds until their date of redemption and of paying costs related to the refunding of the Refunded Bonds. The proceeds of sale of the Bonds (exclusive of accrued interest thereon, which shall be paid into the Bond Fund and used to pay interest on the Bonds on November 1,2001) shall be credited to the Refunding Account and, together with other funds of the City, if necessary, shall be used immediately upon receipt thereof to defease the Refunded Bonds as authorized by the Refunded Bond Ordinances and pay costs of issuance. The City shall defease the Refunded Bonds and discharge such obligations by the use of money in the Refunding Account to purchase certain Government Obligations (which obligations so purchased, are herein called "Acquired . Obligations"), bearing such interest and maturing as to principal and interest in such amounts and 5W- p:\OOnOOTONV 01110/11 . . . the required payments therefrom. The City reserves the right to substitute other securities for the Acquired Obligations in the event it may do so pursuant to Section 148 of the Code and applicable regulations thereunder, upon compliance with the conditions set forth in the Escrow Agreement. (b) The City hereby irrevocably Call for Redemption of Refunded Bonds. sets aside sufficient funds out of the purchase of Acquired Obligations from proceeds of the Bonds to make the payments described in Subsection (a)(i) - (iv) of this Section. The City hereby irrevocably calls the 1991 Refunded Bonds for redemption on December 1, 2001 and the 1992 Refunded Bonds for redemption on November 1, 2002 in accordance with the provisions of Section 5 of the 1991 Bond Ordinance and Section 5 of the 1992 Bond Ordinance. The defeasance and call for redemption of the Refunded Bonds shall be irrevocable after the final establishment of the Refunding Account and delivery of the Acquired Obligations and the requisite cash deposit, if any, to the Escrow Agent, except as provided herein relating to the substitution of securities. The Escrow Agent is hereby authorized and directed to provide for the giving of notices of the redemption of the Refunded Bonds in accordance with the applicable provisions of the Refunded Bond Ordinances. The City is authorized and requested to provide whatever assistance is necessary to accomplish such redemption and the giving of notices ther~for. The costs of publication of such notices shall be an expense of the City. The Escrow Agent is hereby authorized and directed to pay to the fiscal agency or agencies of the State of Washington, sums sufficient to pay, when due, the payments specified in of subsection (a)(i) - (iv) of this ordinance. All such sums shall.be paid from the money and 521- P:\DOT\DOTONV 01/10/11 . to receive payment from the Acquired Obligations and beginning cash balance so set aside and pledged. Section 8. Pledge of Taxes and Credit. The City hereby irrevocably covenants that, unless the principal of and interest on the Bonds are paid from other sources, it will make annual levies of taxes without limitation as to rate or amount upon all of the property in the City subject to taxation in amounts sufficient to pay such principal and interest as the same shall become due and shall provide for the deposit of sufficient money in the Bond Fund to pay such principal and interest. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of such taxes and for the prompt payment of such principal and interest. Section 9. Defeasance. In the event that money and/or Government Obligations . maturing at such time or times and bearing interest to be earned thereon in amounts (together with such money, if necessary) sufficient to redeem and retire part or all of the Bonds in accordance with their terms, are set aside in a special account of the City to effect such redemption and retirement, and such moneys and the principal of and interest on such Government Obligations are irrevocably set aside and pledged for such purpose, then no further payments need be made into the Bond Fund for the payment of the principal of and interest on the Bonds so provided for, and such Bonds shall cease to be entitled to any lien, benefit or security of this ordinance except the right to receive the moneys so set aside and pledged, and such Bonds shall be deemed not to be outstanding hereunder. Within 60 days of any defeasance of bonds the Bond Registrar shall provide notice of defeasance of Bonds to registered owners and to each NRMSIR and SID, if any, in accordance . with Section 12. 59- P:\DOT\OOTONV 01/10/11 . do everything necessary for the prompt execution and delivery of the Bonds to said purchaser and for the proper application and use of the proceeds of sale thereof. Section 12. Undertaking to Provide Ongoing Disclosure. (a) Contract/Undertaking. This section constitutes the City's written undertaking for the benefit of the owners of the Bonds as required by Section (b)(5) of the Rule. (b) Financial Statements/Operating Data. The City agrees to provide or cause to be provided to each NRMSIR and to the SID, if any, in each case as designated by the Commission in accordance with the Rule, the following annual financial information and operating data for the prior fiscal.. year (commencing in 2002 for the fiscal. year ended December 31,2001): 1. Annual financial statements, which statements mayor may not be . audited, showing ending fund balances for the City's general fund prepared in accordance with the Budget Accounting and Reporting System prescribed by the Washington State Auditor pursuant to RCW 43.09.200 (or any successor statute) and generally of the type included in the official statement for the Bonds under "Appendix A: City of Port Angeles 2000 Audited Financial Statements"; 2. The assessed valuation of taxable property in the City; 3. Property taxes due, property taxes collected and property taxes delinquent; 4. Property tax levy rates per $1,000 of assessed valuation; and 5. Outstanding general obligation debt of the City. Items 2-5 shall be required only to the extent that such information is not included in the . annual financial statements. 61- P:\DOnoOTONV 01/10/11 . . . . Adverse tax opinions or events affecting the tax-exempt status of the Bonds; Modifications to rights of owners; Optional, contingent or unscheduled Bond calls other than scheduled sinking fund redemptions for which notice is given pursuant to Exchange Act Release 34-23856; . . . Defeasances; · Release, substitution or sale of property securing the repayment of the Bonds; and · Rating changes. Solely for purposes of disclosure, and not intending to modify this undertaking, the City advises that no debt service reserves or property secure payment of the Bonds. (d) Notification Upon Failure to Provide Financial Data. The City agrees to provide or cause to be provided, in a timely manner, to each NRMSIR or to the MSRB and to the SID, if any, notice of its failure to provide the annual financial information described in subsection (b) above on or prior to the date set forth in subsection (b) above. (e) Termination/Modification. The City's obligations to provide annual financial information and notices of material events shall terminate upon the defeasance, prior redemption or payment in full of all of the Bonds. Any provision of that section shall be null and void if the City (1) obtains an opinion of nationally recognized bond counsel to the effect that the portion of the Rule that requires that provision is invalid, has been repealed retroactively or otherwise does not apply to the Bonds; and (2) notifies each NRMSIR and the SID, if any, of 63- p:\DOnOOTONV 01/10/11 . . . \fri,,;,;:Xq'i ,'~)f; ;:~ ;,:::'~~:';;' [Section 13. Bond Insurance. In accordance with the offer of the Underwriter to purchase the Bonds, the Council hereby approves the commitment of the Insurer to provide a bond insurance policy guaranteeing the payment when due of principal of and interest on the Bonds (the "Bond Insurance Policy"). The Council further authorizes and directs all proper officers, agents, attorneys and employees of the City to execute a commitment letter with the Insurer and to cooperate with the Insurer in preparing such additional agreements, certificates, and other documentation on behalf of the City as shall be necessary or advisable in providing for the Bond Insurance Policy.] Section 14. General Authorization. The appropriate officials, agents and representatives of the City are authorized to take any actions and to execute documents as in their judgment may be necessary or desirable in order to carry out the terms of, and complete the transactions contemplated by, this ordinance. All aCts taken pursuant to the authority of this ordinance but prior to its effective date are hereby ratified. Section 15. Severability. If anyone or more of the covenants or agreements provided in this ordinance to be performed on the part of the City shall be declared by any court of competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or agreements, shall be null and void and shall be deemed separable from the remaining covenants and agreements of this ordinance and shall in no way affect the validity of the other provisions of this ordinance or of the Bonds. ~- p:\OOnOOTONV 01/10/11 . CITY OF PORT ANGELES, WASHINGTON ORDINANCE NO. . AN ORDINANCE OF THE CITY OF PORT ANGELES, WASHINGTON, AUTHORIZING THE iSSUANCE OF ELECTRIC REVENUE REFUNDING BONDS IN THE PRINCIPAL AMOUNT OF $ TO REFUND CERTAIN OUTSTANDING ELECTRIC REVENUE BONDS OF THE CITY; PROVIDING FOR THE ESTABLISHMENT OF CERTAIN FUNDS AND ACCOUNTS; MAKING OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE FOREGOING; AND AUTHORIZING THE SALE OF SUCH BONDS. Passed October 16,2001 Prepared by: PRESTON GATES & ELLIS LLP Seattle, Washington . 66 . Section 1.1. Section 1.2. Section 2.1. Section 2.2. Section 2.3. Section 3.1. Section 3.2. Section 3.3. Section 3.4. Section 3.5. Section 3.6. . Section 4.1. Section 4.2. TABLE OF CONTENTS Page ARTICLE I DEFINITIONS Definitions............................................................................................................... .2 Interpretation....................:....................................................................................... 7 ARTICLE II FINDINGS AND DETERMINATIONS Parity Conditions.....................................................................................................8 Revenues Suffici ent .................................................................................................8 Due Regard..............................................................................................................9 ARTICLE ill AUTHORIZATION AND ISSUANCE OF BONDS Authorization of 2001 Bonds...................................................................................9 Registration, Exchange and Payments ...................................................................10 Redemption of 2001 Bonds ...................................................................................12 Selection of 2001 Bonds................. .................... .................................................. .13 Notice 0 f Redemption........................................................................................... .14 Purchase of 200 1 Bonds.........................................................................................15 ARTICLE IV ISSUANCE OF ADDITIONAL BONDS Authorization of Series of Additional Bonds......................................................... 15 Additional Bonds.................................................................................................. .16 . ARTICLE V GENERAL TERMS AND PROVISIONS OF BONDS Execution of 2001 Bonds ............................................................. ............. ....... ......19 Lost, Stolen, Destroyed or Mutilated Bonds..........................................................20 Temporary Bonds...................................:.............................................................. .20 ARTICLE VI CREATION OF SPECIAL FUNDS AND ACCOUNTS AND PAYMENTS THEREFROM Section 6.1. Light Fund.......................................................................................................... ....20 Section 6.2. Bond Fund............................................................................................................. .22 Section 6.3. Investn1ent of Funds................................................. ."............................................ .26 Section 5.1. Section 5.2. Section 5.3. Section 7.1. Section 7.2. Section 7.3. . ARTICLE VII PLAN OF REFUNDING Refunding Account..................................................:;...................... .".................... .27 Call for Redemption of Refunded Bonds....... ..........:................ .............. ...............28 Finding of Savings and Defeasance .......................................................................29 6-& P:\OOT\DTONT 10/11101 . . . Section 12.6. Quorum at Bondowners Meetings .........................................................................48 Section 12.7. V ote Required to Amend Ordinance......................................................................48 Section 12.8. Obtaining Approval of Amendments at Bondowners Meeting .............................48 Section 12.9. Alternate Method of Obtaining Approval of Amendments ...................................49 Section 12.10. Amendment of Ordinance In Any Respect by Approval of All Bondowners .......................................................................................................... .50 Section 12.11. Bonds Owned by City ......;.....................................................................................50 Section 12.12. Endorsement of Amendment on Bonds .................................................................50 ARTICLE XITI MISCELLANEOUS, DEFEASANCE; SALE OF BONDS AND APPROVAL OF OFFICIAL STATEMENT Section 13.1. Ordinance and Laws a Contract With Bondowners...............................................51 Section 13.2. Bonds Deemed No Longer to be Outstanding Hereunder .....................................51 Section 13 .3. Money Held by Paying Agents One Year After Due Date ....................................51 Section 13.4. Sale of 200 I Bonds...... .............. ......... ....................................................... ....... .... .52 Section 13.5. Undertaking to Provide Ongoing Disc1osure.........................................................52 Section 13.6. Municipal Bond Insurance.. ..... .... ......... ............................................. ............... .....54 Section 13.7. Benefits of Ordinance Limited to City, Bondowners, and Paying Agents ............55 Section 13 .8. T elm "Ci ty" Includes Successors .......................... .............................. ..................55 Section 13.9. Severability.......... ........ ..... ......... ......... ....... ...... .................................... ...... ... ....... ..55 Section 13.10. General Authorization.. ............ ......... ....................... .............. ............... .................55 Section 13.11. Adjustment of Dollar Amounts..............................................................................55 Section 13.12. Prior Acts.................................................................... ...........................................55 Section 13.13. Effective Date of Ordinance ..................................................... ............. ....... .........56 Section 13.14. Repealer.................... ..... ..,.. .................... ......... ........ ............... ...................... .........56 70- P:\DOT\DTONT 10/11/01 . . . ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ANGELES, WASHINGTON, AUTHORIZING THE ISSUANCE OF ELECTRIC REVENUE REFUNDING BONDS IN THE PRINCIPAL AMOUNT OF $ TO REFUND CERTAIN OUTSTANDING ELECTRIC REVENUE BONDS OF THE CITY; PROVIDING FOR THE ESTABLISHMENT OF CERTAIN FUNDS AND ACCOUNTS; MAKING OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE FOREGOING; AND AUTHORIZING THE SALE OF SUCH BONDS. WHEREAS, the City of Port Angeles, Washington, a municipal corporation of the State of Washington (the "City"), owns and operates an electric utility system (the "Electric System"); and . WHEREAS, pursuant to Ordinance No. 2709 of the City, passed on September 1, 1992, the City issued its Electric Revenue Bonds, Series 1992 (the "1992 Bonds"), of which $2,420,000 principal amount maturing on and after September 1, 2003, may be called for redemption on September 1, 2002; and WHEREAS, pursuant to Ordinance No. 2877 of the City, passed on August 1, 1995, the City issued its Electric Revenue Bonds, Series 1995 (the "1995 Bonds"), of which $425,000 principal amount maturing on and after September 1, 2006, may be called for redemption on September 1,2005; and WHEREAS, Ordinance Nos. 2709 and 2877 provide for the issuance of electric revenue refunding bonds on a parity of lien with the 1992 Bonds and the 1995 Bonds on the condition that the City achieve certain savings in connection with such a refunding; and WHEREAS, after due consideration it appears to the City Council of the City (the "Council") that such parity conditions can be met and that the callable portions of the 1992 Bonds and of the 1995 Bonds may be r~funded by the issuance and sale of the electric revenue refunding bonds of the City authorized herein (the "2001 Bonds") so that a substantial savings to the Electric System and its ratepayers will be effected by the issuance of such refunding bonds and the payment and redemption of the callable portion of the 1992 Bonds on September 1, 2002 and of the callable portion ofthe 1995 Bonds on September 1,2005; and WHEREAS, to effect such refunding most advantageously to the City and its ratepayers, it is hereby found necessary and advisable that an escrow agent be appointed and that certain "Acquired Obligations" (hereinafter identified) be purchased out of the proceeds of sale of the refunding bonds and certain money of the City; and I . I I WHEREAS, the City has received an offer from Seattle-Northwest Securities Corporation to purchase the 2001 Bonds and it is in the best interest of the City and ratepayers of the Electric System to accept such offer on the terms set forth therein and in this ordinance; 72 "Bond Fund" means the Electric System Revenue Bond Fund established pursuant to . Section 7.2 of Ordinance No. 2709 to secure payment of the Bonds. "Bond Insurance Policy" means the municipal bond insurance policy issued by the Insurer insuring the payment when due of the principal of and interest on the 2001 Bonds as provided therein. "Bondowners' Trustee" means any bank or trust company organized under the laws of any state of the United States or any national banking association hereafter appointed as trustee for Bondowners pursuant to Section 11.3 of this ordinance. "Bond Registrar" or "Registrar" means the fiscal agency of the State of Washington in either Seattle, Washington, or New York, New York, whose duties include the registration and authentication of the 2001 Bonds, maintenance of the Bond Register, effecting transfer of ownership of the 2001 Bonds, and paying the principal of, premium, if any, and interest on the 2001 Bonds. A Supplemental Ordinance may appoint a different person, firm or entity to serve as Bond Registrar. "Bond Register" means the books or records maintained by the Bond Registrar for the purpose of registration of the 2001 Bonds. . "City" means the City of Port Angeles, Washington, a municipal corporation of the State of Washington. "City Light Director" means the duly appointed and acting City Light Director of the Electric System, or the successor to such office. "Code" means the federal Internal Revenue Code of 1986, as amended, and applicable regulations. "Council" means the City Council, as the legislative body of the City, as the same shall be duly and regularly constituted from time to time. "Distribution and Transmission Facilities" means the electric utility properties and assets, real and personal, tangible and intangible, now owned and operated by the City and used or useful in the transmission, distribution or sale of electric current or electric service, and business incidental thereto, and any additions, improvements and betterments thereto and extensions thereof hereafter constructed or acquired. Distribution and Transmission Facilities shall not include Generating Facilities. . "Electric System" means the Distribution and Transmission Facilities and any Generating Facilities hereafter acquired, but such Electric System shall not include any property and facilities as may hereafter be acquired or constructed and established as a separate utility system not financed from the Revenues except on a basis junior and inferior to the lien on Revenues pledged to pay and secure the Bonds, the revenue of which separate utility system may be 74 P:\DOT\DTONT 10/11/01 . . . "Operating Expenses" mean~,(ilthe City's~xp~l1ses for operation and maintenance of the Electric System, and ordinary repairs; renewals, replacements and reconstruction of the Electric System, including all costs of delivering electric power and energy and payments (other than payments out of Bond proceeds) into reasonable reserves in the Light Fund for items of Operating Expenses the payment of which is not immediately required, and shall include, without limiting the generality of the foregoing, all costs of purchased power, costs of transmission and distribution operation and maintenance expenses, rents, administrative and general expenses, engineering expenses, legal and financial advisory expenses, required payments to pension, retirement, health and hospitalization funds, insurance premiums and any taxes, assessments, or payments in lieu of taxes, all to the extent properly allocable to the Electric System; (ii) any current expenses required to be paid by the City under the provisions of this ordinance or by law, all to the extent properly allocable to the Electric System; and (iii) the fees and expenses of any Paying Agent. Operating Expenses shall not include any costs or expenses for new construction or other capital outlays, interest, amortization of debt service on any evidence of indebtedness or any allowance for depreciation. "Ordinance," as used in Articles XI and XII hereof, means Ordinance Nos. 2709, 2877, 2879, this ordinance, and any Supplemental Ordinance. "Paying Agent" or "Paying Agents" means the Bond Registrar, with respect to the 2001 Bonds, and the paying agent for each other series of outstanding Bonds. "Permitted Investments" means the following, to the extent that the same are legal for investment of funds of the City: (a) any Government Obligations, including obligations of any of the federal agencies set forth in clause (b) below to the extent unconditionally guaranteed by the United States; (b) obligations of the Export-Import Bank of the United States, the Government National Mortgage Association, the Federal National Mortgage Association to the extent guaranteed by the Government National Mortgage Association, the Federal Financing Bank, the Federal Intermediate Credit Banks, the Federal Banks for Cooperatives, the Federal Land Banks, the Farmers Home Administration and the Federal Home Loan Mortgage Association, or any agency or instrumentality of the Federal Government which shall be established for the purposes of acquiring the obligations of any of the foregoing or otherwise providing financing therefor; (c) new housing authority bonds issued by public agencies or municipalities and fully secured as to the payment of both principal and interest by a pledge of annual contribution under an annual contributions contract or contracts with the United States; or project notes issued by public agencies or municipalities and fully secured as to the payment of both principal and interest by a requisition or payment agreement with the United States; (d) direct and general obligations of any State within the territorial United States, to the payment of the principal of and interest on which the full faith and credit of such State is pledged, provided, that at the time of their purchase, such obligations are rated in one ofthe two highest rating categories by either Moody's Investors Services, Inc. or Standard & Poor's Corporation; (e) certificates of deposit, whether negotiable or nonnegotiable, issued by any bank or trust company organized under the laws of any State of the United States of America or any national banking association (including the Bondowners' Trustee, if any), provided that such certificates of deposit shall be (i) continuously and fully insured by the Federal Deposit Insurance Corporation, or (ii) issued by any bank or 16- p:\OOnOTONT 10/11/01 . "Refunded 1995 Bonds" fueans'the 1995'B<5iids maturing on and after September 1, 2006. "Refunded Bond Ordinances" means the 1992 Bond Ordinance and the 1995 Bond Ordinance. "Refunded Bonds" means the Refunded 1992 Bonds and the Refunded 1995 Bonds. "Refunding Account" means the City of Port Angeles 2001 Electric Revenue Refunding Account authorized to be created and held by the Escrow Agent pursuant to Section 7.1 of this ordinance. "Revenues" means all income (including investment income), receipts and revenues derived by the City through the ownership and operation of the Electric System but shall not include: (a) any income derived by the City through the ownership and operation of any facilities that may hereafter be purchased, constructed or otherwise acquired by the City as a separate utility system; or . (b) investment income restricted to a particular purpose inconsistent with its use for the payment of debt service, including investment income derived pursuant to a plan of debt retirement or refunding. "Serial Bonds" means Bonds other than Term Bonds. "Sinking Fund Requirement" for any Fiscal Year means the principal amount of Term Bonds required to be purchased, redeemed or paid in such Fiscal Year as established by the ordinance of the City authorizing the issuance of such Term Bonds. "Sinking Fund Requirement Date" means, for any Fiscal Year, the date by which the Sinking Fund Requirement for such Fiscal Year must be met, which with respect to the 2001 Bonds shall be October 1. "Supplemental Ordinance" means any ordinance amending, modifying or supplementing the provisions of this ordinance, including any ordinance providing for the issuance of Additional Bonds. "Term Bonds" means Bonds of any principal maturity which are subject to mandatory redemption and for which mandatory sinking fund payments are required. The 2001 Bonds maturing on 1, 20 , and 1, 20 , shall be deemed "2001 Term - - Bonds. " . Section 1.2. Interpretation. 18- P:\OOT\DTONT 10/11/01 . Section 2.3. Due Regard: The Council hereby finds and determines that due regard has been given to the cost of the operation and maintenance of the Electric System and that it has not obligated the City to set aside into the Bond Fund for the account ofthe 2001 Bonds a greater amount of the revenues and proceeds of the Electric System than in its judgment will be available over and above such cost of maintenance and operation. . ARTICLE III AUTHORIZATION AND ISSUANCE OF BONDS Section 3.1. Authorization of2001 Bonds. For the purpose of refunding the Refunded Bonds and paying the costs of issuing the 2001 Bonds, there are hereby authorized to be issued $ aggregate principal amount of Electric Revenue Refunding Bonds, Series 2001 (the "2001 Bonds"), which shall be dated November 1, 2001, shall bear interest from their date at such rates per annum and shall mature on September 1 of such years and in such amounts as follows: Year Amount Interest Rate % . 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 $ The 2001 Bonds shall be fully registered as to both principal and interest, shall be in . denominations of $5,000 or any integral multiple thereof, provided that no 2001 Bond shall 8& p:\OOnOTONT 10/11101 . Registered Owner for all purposes~e~e~der, and~115:ferences herein to the Registered Owners shall mean DTC (or any successor'depository) or its' ndthinee and shall not mean the owners of any beneficial interest in such 2001 Bonds. If any 2001 Bond shall be duly presented for payment and funds have not been duly provided by the City on such applicable date, then interest shall continue to accrue thereafter on the unpaid principal thereof at the rate stated on such 2001 Bond until such 2001 Bond is paid. D. Use of Depository. (i) Thy 2001 Bonds shall be registered initially in the name of "CEDE & Co.", as nominee ofDTC, with one 2001 Bond maturing on each ofthe maturity dates for the 2001 Bonds in a denomination corresponding to the total principal therein designated to mature on such date. Registered ownership of such immobilized 2001 Bonds, or any portions thereof, may not thereafter be transferred except (A) to any successor of DTC or its nominee, provided that any such successor shall be qualified under any applicable laws to provide the service proposed to be provided by it; (B) to any substitute depository appointed by the Council pursuant to subsection (ii) below or such substitute depository's successor; or (C) to any person as provided in subsection (iv) below. . (ii) Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository or a determination by the Council to discontinue the system of book entry transfers through DTC or its successor (or any substitute depository or its successor), the Council may hereafter appoint a substitute depository. Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. (iii) In the case of any transfer pursuant to clause (A) or (B) of subsection (i) above, the Bond Registrar shall, upon receipt of all outstanding 2001 Bonds, together with a written request on behalf of the Council, issue a single new 2001 Bond for each maturity then outstanding, registered in the name of such successor or such substitute depository, or their nominees, as the case may be, all as specified in such written request of the Council. (iv) In the event that (A) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or (B) the Council determines that it is in the best interest of the beneficial owners of the 2001 Bonds that such owners be able to obtain such bonds in the form of bond certificates, the ownership of such 2001 Bonds may then be transferred to any person or entity as herein provided, and shall no longer be held in fully-immobilized form. The Council shall deliver a written request to the Bond Registrar, together with a supply of definitive 2001 Bonds, to issue 2001 Bonds as herein provided in any authorized denomination. Upon receipt by the Bond Registrar of all then outstanding 2001 Bonds together with a written request on behalf of the Council to the Bond Registrar, new 2001 Bonds shall be issued in the appropriate denominations and registered in the names of such persons as are requested in such written request. . E. Registration of Transfer of Ownership or Exchange; Change in Denominations. The transfer of any 2001 Bond may be registered and 2001 Bonds may be exchanged, but no 8~- p:\DOnOTONT 10/11/01 . September 1, 2011, in whole or iIl. pl3.1"t~m any dat~.J~~turities to be selected by the City), at a price of par plus interest accrued tHereon to the date fixed for redemption. [B. Mandatory Redemption. The 2001 Bonds maturing on 1, 20_, shall be redeemed prior to maturity by lot (or purchased or paid at maturity), not later than September 1 in the years 20_ through 20_, inclusive, from amounts credited to the Bond Retirement Account in the Bond Fund as sinking fund installments therefor (to the extent such amounts have not been used to redeel!l or purchase such 2001 Bonds as provided in this ordinance) and in the principal amounts as set forth below, upon written notice as provided in Section 3.5 of this ordinance, by payment of the principal amount thereof, together with the interest accrued thereon to the date fixed for redemption. Year Amount $ The foregoing amounts shall be deemed Sinking Fund Requirements for the 2001 Bonds maturing on September 1,20_, (the "2001 Term Bonds"). . The City may purchase and redeem 2001 Term Bonds through the application of part or all of the respective Sinking FunCl Requirements therefoi-'on the first day of any month prior to any September 1. Any money not so used to purchase and redeem such 2001 Term Bonds shall be applied to the redemption of such bonds on such September 1. If, as of any September 1, the principal amount of 2001 Term Bonds retired by purchase (through application of Sinking Fund Requirements or any other legally available funds) or redemption exceeds the cumulative Sinking Fund Requirement through such date, such excess may be credited against the Sinking Fund Requirement for the next Fiscal Year.] Section 3.4. Selection of2001 Bonds for Redemption. As long as the 2001 Bonds are held in book-entry only form, the selection of2001 Bonds to be redeemed shall be made in accordance with the operational arrangements in effect at DTC. If the 2001 Bonds are no longer held in uncertificated form, the selection of such 2001 Bonds to be redeemed shall be made as provided in this subsection (b). If the City redeems at anyone time fewer than all of the 2001 Bonds having the same maturity date, the particular 2001 Bonds or portions of 200 1 Bonds of such maturity to be redeemed shall be selected by lot (in such other manner determined by the Bond Registrar) in increments of $5,000. In the case of a 2001 Bond of a denomination greater than $5,000, the City and Bond Registrar shall treat each 2001 Bond as representing such number of separate 2001 Bonds each of the denomination of $5,000 as is obtained by dividing the actual principal amount of such 2001 Bond by $5,000. In the event that only a portion of the principal sum ofa 2001 Bond is redeemed, upon surrender of the such 2001 . Bond at the principal office of the Bond Registrar there shall be issued to the Registered Owner, 814- P:\OOT\DTONT 10/11/01 . . . Bonds for redemption in accordance ~i.pt said notic'~',s~Rh 2001 Bonds shall be paid by the Bond Registrar at the redemption price. . Iristallments of interest due on or prior to the redemption date shall be payable as herein provided for payment of interest. Upon surrender for any partial redemption of any 2001 Bond, there shall be prepared for the Registered Owner a new 2001 Bond or 2001 Bonds of the same maturity in the amount ofthe unpaid principal. All 2001 Bonds which have been redeemed shall be canceled and destroyed by the Bond Registrar and shall not be reissued. C. Additional Notice. In addition to the foregoing notice, further notice shall be given by the City as set out below, but no defect in said further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. Each further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus (A) the CUSIP numbers of all 2001 Bonds being redeemed; (B) the date of issue of the 2001 Bonds as originally issued; (C) the rate of interest borne by each 2001 Bond being redeemed; (D) the maturity date of each 2001 Bond being redeemed; and (E) any other descriptive information needed to identify accurately the 200 I Bonds being redeemed. Each further notice of redemption may be sent at least 30 days before the redemption date to the Insurer, each NRMSIR, the SID, if any, and to the Underwriter or to its business successor, if any, and to such persons and with such additional information as the Bond Registrar shall deem appropriate, but such mailings shall not be a condition precedent to the redemption of such 2001 Bonds. D. Redemption Paymi!nts. Upon the payment of the redemption price of2001 Bonds being redeemed, each check or other transfer of funds issued for such purpose shall bear the CUSIP number identifying, by issue and maturity, the 2001 Bonds being redeemed with the proceeds of such check or other transfer. . E. Amendment of Notice Provisions. The foregoing notice proVIsIons of this Section 4, including but not limited to the information to be included in redemption notices and the persons designated to receive notices, may be amended by additions, deletions and changes in order to maintain compliance with duly promulgated regulations and recommendations regarding notices of redemption of municipal securities. Section 3.6. Purchase of2001 Bonds. The City also reserves the right to purchase any of the 2001 Bonds offered to the City at any time at a price deemed reasonable by the City. ARTICLE IV ISSUANCE OF ADDITIONAL BONDS Section 4.1. Authorization of Series of Additional Bonds. Before any series of Additional Bonds shall be issued underthe provisions ofthis Article, the City shall adopt an ordinance or ordinances authorizing the issuance of such bonds, fixing the 8~- P:\OOT\DTONT 10/11/01 . . . (ii) the amount 0.. f.}h.e.,.Average Ann.......,.....u.....,a.......l.. Debt Service thereafter on account of all Bonds then outstanding Urid~r this ordinante and the Additional Bonds then to be issued hereunder; and (iii) as to the applicable Fiscal Year under (ii) above, the percentage derived by dividing the amount shown in (i) above by the amount shown in (ii) above, and shall state that such percentage is not less than 125%. Additional Bonds may be issued pursuant to Subsections E and F of this Section 4.2 without complying with the provisions of this Subsection C. D. Additional Bonds may also be issued for the purpose of paying part of the costs of Distribution and Transmission Facilities or Generating Facilities for which Bonds have theretofore been issued, if a certificate is signed by a Professional Utility Consultant and filed with the City Clerk, which (i) shall comply with the requirements of paragraph C above or (ii) shall state that the issuance of such Additional Bonds is necessary to complete such facilities and that the completion is necessary for the efficient and economic operation of the Electric System; provided, however, that the principal amount of such Additional Bonds may not exceed 15% of the principal amount of the Bonds theretofore issued for such facilities. - E. Additional Bonds may also be issued from time to time for the purpose of providing funds, together with any other available funds, for retiring at or prior to their maturity or maturities any or all of the outstanding Bonds of any. series, including the payment of any redemption premium thereon, and, if deemed necessary by the City, for paying the interest to accrue thereon to the date fixed for their .retirement and any expenses incident to the issuance of such Additional Bonds. F. Additional Bonds issued under subsection E above shall not be delivered unless the proceeds (excluding any accrued interest but including any premium) of such Additional Bonds, together with any other money that has been made available for such purposes, and the principal of and the interest on the investment of such proceeds or any such money, shall be sufficient to pay the principal of and the redemption premium, if any, on the Bonds to be refunded and the interest that will become due and payable on or prior to the date of their payment or redemption, and the expenses incident to the issuance of such Additional Bonds. If such Additional Bonds are to be issued pursuant to Section 4.2.F above, (1) there shall be filed with the City a certificate signed by the Treasurer of the City showing that the Annual Debt Service for any Fiscal Year thereafter shall not be increased by more than $5,000 by reason of the issuance of the Additional Bonds; or (2) There shall be filed with the City a certificate signed by a Professional Utility Consultant setting forth: 8~- P:\DOT\DTONT 10/11/01 . . . Additional Bonds and that are.e....x. pected to c......o...nn.........ec..t to the Electric System as a result of, and upon completion of, any fadilities und6r ;bonstruction or to be acquired, constructed or installed as a part of the Electric System from the proceeds of any Bonds. 1. Nothing contained herein shall prevent the City from refunding at one time all of the Bonds then outstanding. Nothing .contained herein shall prevent the City from issuing obligations payable from a lien on the Revenues that is junior and inferior to the Bonds. J. Additional Bonds may be issued from time to time without complying with the requirements set forth above if, in the opinion of the Professional Utility Consultant, as evidenced by a certificate filed with the City, iris necessary to repair any damage or loss to the Electric System or if the Electric System has been destroyed or damaged by disaster or unanticipated event to such an extent that it cannot be operated; provided, however, that the proceeds of any Additional Bonds issued for such purpose may only be used to return the Electric System to, or to maintain the Electric System at, substantially its former or then operating capacity; and provided further, that in the case of repair, such Additional Bonds may be issued only to the extent that insurance proceeds from such damage or loss are insufficient for the accomplishment of such purpose. K. In calculating Annual Debt Service for purposes of this Section, if the interest rate on any Bonds is other than a fixed rate, the rate applicable at the time of computation shall be used unless such rate is less than the most recently published Bond Buyer's Revenue Bond Index for municipal revenue bonds, in which case the rate stated by such index shall be used. If such index is no longer published, another nationally recognized index for municipal revenue bonds maturing in 20 to 30 years shall be used. . ARTICLE V GENERAL TERMS AND PROVISIONS OF BONDS Section 5.1. Execution of2001 Bonds. The 2001 Bonds shall be executed on behalf of the City with the manual or facsimile signature of the Mayor, attested by the manual or facsimile signature of the City Clerk, and shall have the seal of the City impressed, imprinted or otherwise reproduced thereon. In case either or both of the officers who have signed or attested any of the 2001 Bonds cease to be such officer before such 2001 Bonds have been actually issued and delivered, such 2001 Bonds shall be valid nevertheless and may be issued by the City with the same effect as though the persons who had signed or attested such 2001 Bonds had not ceased to be such officers, and any 2001 Bond may be signed or attested on behalf of the City by officers who at the date of actual execution of such 2001 Bond are the proper officers, although at the nominal date of execution of such 2001 Bond such officer was not an officer ofthe City. Only 2001 Bonds that bear a Certificate of Authentication in the form set forth in Section 8, manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be 90- P:\DOT\DTONT 10/11/01 Stabilization Account, and (iv) the 2001 Construction Account, which accounts shall be held and . used for the purposes hereinafter described. B. The Revenues of the City shall be deposited and credited to the following accounts in the Light Fund and used only for the following purposes and in the following order of priority: (1) All Revenues paid into the Light Fund shall first be credited to the General Account therein and applied as follows: (i) to pay Operating Expenses and to provide sufficient working capital for the operation of the Electric System; (ii) to make all payments required to be made into the Interest Account in the Bond Fund for the payment of accrued interest on the next interest payment date; (iii) to make all payments required to be made into the Principal Account in the Bond Fund for the payment of the principal amount of Serial Bonds next coming due, and into the Bond Retirement Account in the Bond Fund for the mandatory redemption of Term Bonds; . (iv) to make all payments required to be made into the Reserve Account in the Bond Fund created to secure the payment of the Bonds; and (v) to make all payments required to be made into any special fund or account created to payor secure the payment of the principal of and interest on any revenue bonds, warrants or other revenue obligations of the City having a lien upon Revenues and money in the Light Fund and Bond Fund and accounts therein junior and inferior to the lien thereon for the payment of the principal of and interest on the Bonds. (2) To the extent that surplus Revenues remain after the payments so required to be made out of the General Account, the City shall credit to the Contingency and Replacement Account in each Fiscal Year an amount equal to at least 25% of the Annual Debt Service in such Fiscal Year. (3) To the extent that surplus Revenues remain after the payments so required to be made out of the General Account and the credit to the Contingency and Replacement Account, the City may credit up to the full amount of such surplus to the Rate Stabilization Fund. (4) After all of the a~ove payments and credits have been made, amounts remaining in the General Account may be used for any other lawful purpose of the Light Fund. . ~- P:\DOT\DTONT 10/11/01 . . . A. There has been created in the Bond Fund, for the purpose of paying the interest on Bonds as the same becomes due arid payable, a Bond Interest Account (the "Interest Account"). No later than the last day of the month in which any Bonds are delivered to the initial purchasers thereof and on or before the 25th day of each month thereafter, the City shall pay from the Light Fund into the Bond Fund to the credit of the Interest Account an amount such that, if the same amount were so paid and credited to the Interest Account on the 25th day of each of the months preceding the next date upon which an installment of interest falls due on the Bonds, the aggregate of the amounts so paid and credited to the Interest Account would on such date be equal to the installment of interest then falling due on all Bonds then outstanding. B. There has been created in the Bond Fund, for the purpose of paying outstanding Serial Bonds as they mature and for the purpose of redeeming Term Bonds pursuant to the Sinking Fund Requirement pertaining to such Term Bonds, the following accounts each of which are equal in priority: (i) The Bond Principal Account, for the purpose of paying outstanding Serial Bonds as they mature (the "Principal Account"). No later than the 25th day of the 12th month prior to each Serial Bond maturity, or if there are less than 12 months preceding such maturity then no later than the last day of the month immediately succeeding the month in which the Bonds are delivered to the initial purchaser(s) thereof, and on or before the 25th day of each month thereafter, the City shall pay from the Light Fund into the Bond Fund to the credit of the Principal Account an amount such that, if the same amount were so paid and credited to the Principal Account on the 25th day of each succeeding month thereafter and prior to such Serial Bond maturity date, the aggregate of the amounts so paid and credited to the Principal Account would on such date be equal to the principal amount of Serial Bonds then falling due. (ii) The Bond Retirement Account, for the purpose of redeeming Term Bonds pursuant to the Sinking Fund Requirement pertaining to such Term Bonds and to otherwise retire Bonds prior to maturity (hereinafter referred to as the "Bond Retirement Account"). No later than the 25th day of the 12th month prior to the date of each Sinking Fund Requirement, or if there are less than 12 months preceding such Sinking Fund Requirement Date, then on the last day of the month immediately succeeding the month in which the Bonds are delivered to the initial purchaser(s) thereof, and on or before the 25th day of each succeeding month thereafter, the City shall pay from the Light Fund into the Bond Fund to the credit of the Bond Retirement Account an amount such that, if the same amount were so set aside in the Bond Fund and credited to the Bond Retirement Account on the 25th day of each succeeding month thereafter and prior to such Sinking Fund Requirement Date, the aggregate of the amounts so paid and credited to the Bond Retirement Account would be equal to the Sinking Fund Requirement for such date. The City shall apply all the m~ney paid into the Bond Fund for credit to the Bond Retirement Account to the redemption of Term Bonds on the next ensuing Sinking Fund Requirement Date (or may so apply such money prior to such Sinking Fund Requirement Date), pursuant to the terms of this ordinance or of the Supplemental Ordinance authorizing the issuance thereof. The City may also apply the money paid into the Bond Fund for credit to the 941- P:\DOTIDTONT 10/11/01 . . . (ii) the bid quotation price thereof as of the fifth business day next preceding the date of such determination as reported in The Wall Street Jouina1;>or in the event such newspaper is not published or such price is not reported in said newspaper, in a newspaper of general circulation or a financial journal published in the Borough of Manhattan, City and State of New York, or (iii) the price at which such obligations are then redeemable by the owner at his option. The computations made under this paragraph shall not include accrued interest. In making the payments and credits to the Principal Account, Interest Account, Bond Retirement Account and Reserve Account required by this Section 6.2, to the extent that such payments are made from Bond proceeds, from money in any capitalized interest account, or from other money that may legally be available, such payments are not required to be made from the Light Fund. The City may elect to meet the requirements of this Section 6.2.C with respect to the Reserve Account through the use of a Qualified Letter of Credit, Qualified Insurance or other equivalent credit enhancement device currently rated in one of the two highest rating categories by Moody's Investors Service, Inc. or Standard & Poor's Rating Services. The City may contract with the entity providing such Qualified Letter of Credit, Qualified Insurance or other equivalent credit enhancement device that the City's reimbursement obligation, if any, to such entity ranks on a parity of lien with the Bonds. In the event that the City elects. additionally to secure any issue of Additional Bonds through the use of a Qualified I:;-etter of Credit, Qualifi~d Insurance or other equivalent credit enhancement device, the City may contract with the entity providing such Qualified Letter of Credit, Qualified Insurance or other equivalent credit enhancement device that the City's reimbursement obligation, if any, to such entity ranks on a parity of lien with outstanding Bonds; provided that the payments due under such reimbursement agreement are such that if such reimbursement obligation were a series of Additional Bonds, such Bonds could be issued in compliance with the provisions of Article IV hereof. In making the payments and credits to the Reserve Account required by this Section 6.2, to the extent that the City has obtained Qualified Insurance or a Qualified Letter of Credit for specific amounts required pursuant to this section to be paid out of the Reserve Account, such amounts so covered by Qualified Insurance or a Qualified Letter of Credit shall be credited against the amounts required to be maintained in the Bond Reserve Account by this Section 6.2.C to the extent that such payments and credits to be made are insured by an insurance company, or guaranteed by a letter of credit from a financial institution. Upon the expiration of any Qualified Letter of Credit or the termination. of any Qualified Insurance, the Reserve Account shall be funded in accordance with the third paragraph of this Section 6.2.C as if the Bonds that remain outstanding had been issued on the date of such notice of expiration or termination. . D. In the event that there shall be a deficiency in the Interest Account, Principal Account or Bond Retirement Account in the Bond Fund, the City shall promptly make up such deficiency from the Reserve Account by the withdrawal of cash therefrom for that purpose and cm- P:\DOl\DTONT 10/11/01 . . . Except to the extent there are deficiencies in any account in the Bond Fund, all income received from the investment of money ip. the Bond Furtd and the Light Fund shall be from time to time deposited in the Light Fund. All money held or set aside by the City in the Light Fund Revenue Fund and Bond Fund shall, until otherwise invested or applied as provided in this ordinance, be deposited by the City in its name, for the account of the Light Fund (and the appropriate account therein) or the Bond Fund (and the appropriate account therein), as the case may be, in such depositary or depositaries as the City shall at any time or from time to time appoint for such purpose. All money so deposited shall be secured in the manner prescribed by the laws of the State of Washington for the securing of funds of the City. When no 1992 Bonds are outstanding and no Bonds are insured, City funds may be invested in any manner permitted by Washington law. ARTICLE VII PLAN OF REFUNDING Section 7.1. Refunding Account. There is hereby authorized to be created in the Bond Fund an account known as the "City of Port Angeles 2001 Electric Revenue Refunding Account" (the "Refunding Account"), which Account is to be held by the Escrow Agent and drawn upon for the sole purpose of paying the principal of and interest on the Refunded Bonds until their date of redemption and of paying costs related to the refunding of the Refunded Bonds. The proceeds of sale of the 2001 Bonds (exclusive of accrued interest thereon, which shall be paid into the Bond Fund and used to pay interest on the Bonds on March 1, 2002) shall be credited to the Refunding Account and, together with other funds of the City, if necessary, shall be used immediately upon receipt thereof to defease the Refunded Bonds as authorized by the Refunded Bond Ordinances and pay costs of issuance. The City shall defease the Re~~ Bonds and discharge such obligations by the use of money in the Refunding Account to purc1i~e certain Government Obligations (which obligations so purchased, are herein called "Acquired Obligations"), bearing such interest and maturing as to principal and interest in such amounts and at such times that, together with any necessary beginning cash balance, will provide for the payment of: (i) interest on the Refunded 1992 Bonds as it becomes due and payable through and including September 1, 2002; (ii) the redemption price (100% of the principal amount thereof) of the Refunded 1992 Bonds on September 1, 2002; (iii) interest on the Refunded 1995 Bonds as it becomes due and payable through and including September 1, 2005; and CJlJ - P:\OOl\DTONT 10/11/01 . . . of subsections (i) - (iv) of Section 7.1,?f this ordin~~~. All such sums shall be paid from the money and Acquired Obligations deposited with said Escrow Agent pursuant to the previous section of this ordinance, and the income therefrom and proceeds thereof. The City will take such actions as are found necessary to see that all necessary and proper fees and expenses of the Escrow Agent shall be paid when due. The proper officers and agents of the City are directed to obtain from the Escrow Agent an agreement setting forth the duties, obligations and responsibilities of the Escrow Agent in connection with the redemption and retirement of the Refunded Bonds as provided herein and setting forth such provisions for the payment of the Escrow Agent as are satisfactory to it. The Finance Director is authorized and directed to execute and deliver to the Escrow Agent an escrow agreement in form satisfactory to the Escrow Agent and approved by counsel to the City. Section 7.3. Finding of Savings and Defeasance. The Council hereby finds that the issuance and sale of the, 2001 Bonds at this time will effect a savings to the City and its taxpayers. In making such finding and determination, the Council has given consideration to the interest on and the fixed maturities of the 2001 Bonds and the Refunded Bonds, the costs of issuance of the 2001 Bonds and the known earned income from the investment of the proceeds of sale ofthe 2001 Bonds pending redemption and payment of the Refunded Bonds. The Council also finds that the Acquired Obligations to be deposited with the Escrow Agent and the income therefrom, together with any necessary beginning cash balance, are sufficient to redeem the Refunded Bonds and will discharge and satisfy the obligations of the City under the Refunded Bond Ordinances. Immediately upon the delivery of such Acquired Obligations to the Escrow Agent and the deposit of any necessary beginning cash balance, the Refunded Bonds shall be deemed not to be outstanding under the Refunded Bond Ordinances and shall cease to be entitled to any lien, benefit or security under such resolution except the right to receive payment from the Acquired Obligations and beginning cash balance so set aside and pledged. ARTICLE VIII FORM OF 2001 BONDS Section 8.1. Fonl1 of2001 Bonds. The 2001 Bonds shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF WASHINGTON CITY OF PORT ANGELES, WASHINGTON ELECTRIC REVENUE REFUNDING BOND, SERIES 2001 INTEREST RATE: MATURITY DATE: CUSIP NO.: lee P:\DOTlOTONT 10/11/01 . on a parity therewith payable from su~h Fund as the~~e become due and payable, all as is more fully provided in the Bond Ordinance. The Bonds and any bonds issued on a parity therewith payable from the Bond Fund and the interest thereon constitute the only charge against the Bond Fund and the amount of the Revenues pledged to said Bond Fund. The City has covenanted to establish, maintain and collect rates or charges for electric energy and other services, facilities and commodities sold, furnished or supplied by the Electric System of the City that shall be fair and nondiscriminatory and adequate to provide Revenues sufficient for the fixed amounts that the City is obligated to set aside in the Bond Fund to pay the principal of and interest and premium, if any, on this Bond and the series of Bonds of which this Bond is a part, and any other bonds payable from said Fund on a parity with the Bonds and for the proper operation and maintenance of the Electric System, and all necessary repairs thereto and replacements and renewals thereof. The Bonds are subj ect to optional [and mandatory] redemption in accordance with the Bond Ordinance. . This bond shall be transferable by the registered owner at the principal offices of the Bond Registrar upon surrender and cancellation of this Bond, and thereupon a new registered Bond of the same principal amount and interest rate and maturity will be issued to the transferee as provided in the Bond Ordinance. The City, the paying agents and any other person may treat the person in whose name this Bond is registered as the absolute owner hereof for the purpose of receiving payment hereof and for all purposes and shall not be affected by any notice to the contrary, whether this Bond be overdue or not. The City has designated the Bonds as qualified tax-exempt obligations for investment by certain financial institutions. This bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall have been manually signed by the Bond Registrar. It is hereby certified, recited and declared that all acts, conditions and things required by the Constitution and statutes of the State of Washington to exist, to have happened and to have been performed precedent to and in the issuance of this bond do exist, have happened and have been performed in due time, form and manner as prescribed by law, and that the amount of this bond, together with all other obligations or indebtedness of the City, does not exceed any constitutional or statutory limitations of indebtedness. . 1~2- P:\OOT\OTONT 10/11/01 . . . (Please print or typewrite name and address, including zip code, of Transferee) the within bond and does hereby irrevocably constitute and appoint of , or its successor, as Bond Registrar to transfer said bond on the books kept for registration thereof with full power of substitution in the premises. DATED: '-. SIGNATURE GUARANTEED: NOTE: The signature on this Assignment must correspond with the name of the registered owner as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever. ARTICLE IX COVENANTS TO SECURE BONDS The City covenants and agrees with the purchasers and owners of all Bonds, so long as any such Bonds are outstanding, as follows: Section 9.1. Security for Bonds. All Bonds are special limited obligations of the City payable from and secured solely by Revenues, and by other money and assets specifically pledged hereunder for the payment thereof. There are hereby pledged as security for the payment of the principal of, premium, if any, and interest on all Bonds in accordance with the provisions of this ordinance, subject only to the provisions of this ordinance restricting or permitting the application thereof for the purposes and on the terms and conditions set forth in this ordinance: (i) the Revenues, and (ii) the money and investments, if any, credited to the Light Fund, the Construction Account and the Bond Fund, and the income therefrom. The Revenues and other money and securities hereby pledged shall immediately be subject to the lien of this pledge without any physical delivery thereof or further act, and the lien of this pledge shall be valid and binding as against all parties having claims of any kind in tort, contract' or otherwise against the City regardless. of whether such parties have notice thereof. lal P:\OOl\DTONT 10/11/01 withdrawn from the General Account..and deposited into the Rate Stabilization Account for such . Fiscal Year. The City also covenants and agrees to maintain Net Revenues for the then current Fiscal Year in an amount that will be equal to the Annual Debt Service on the then outstanding Bonds in such Fiscal Year. The failure to collect Revenues in any Fiscal Year sufficient to comply with the covenants contained in this Section 9.3 shall not constitute an Event of Default if the City, before the 60th day of the following Fiscal Year: A. Employs a Professional Utility Consultant to recommend changes in the City's rates that are estimated to produce Revenues sufficient (once the rates recommended by the Professional Utility Consultant have been imposed by the City) to meet the requirements of this Section; and B. Promptly imposes rates. at least as high as those recommended by such Professional Utility Consultant. . The calculation of the coverage requirements set forth above, and in Section 4.2 h~reof, and the City's compliance therewith, may be made solely with reference to this ordinance without regard to future changes in generally accepted accounting principles. If the City has changed one or more of the accounting principles used in the preparation of its financial statements, because of a change in generally accepted accounting principles or otherwise, then an event of default relating to these coverage requirements shall not be considered an Event of Default if the coverage requirement ratios would have been complied with had the City continued to use those accounting principles employed at the date of the most recent audited financial statements prior to the date of this ordinance. Section 9.4. Restrictions on Contracting of Obligations Secured by Revenues. A. The City will not hereafter create any other special fund or funds for the payment of revenue bonds, warrants or other revenue obligations, or issue any bonds, warrants or other obligations or create any additional indebtedness that will rank on a parity with or prior to the charge and lien on the Revenues or properties of the Electric System for the payments into the Bond Fund, except as provided under Article IV hereof. B. Additional Bonds may be issued as provided in Article IV. C. The City may issue bonds, notes, warrants or other obligations payable from and secured by a lien on the Revenues of the Electric System that is subordinate or inferior to the lien on such Revenues securing the Bonds and may create a special fund or funds for payment of such subordinate obligations. . 106 P:\D01\OTONT 10/11/01 . . . The City shall only be required~o comply~~th.~e requirements of subsections (1) and (2) above if the proceeds of such sale,"lease or othetdisposition shall exceed 2% of the value of the net utility plant of the Electric System. C. The City may sell or otherwise dispose of any part of the Electric System that shall have become unserviceable, inadequate, obsolete or unfit to be used in the operation of the Electric System, or no longer necessary, material to or useful in such operation, and may also sell or otherwise dispose of street lighting systems now or hereafter owned by the City at a price permitted by law. The proceeds of any such sale or disposition pursuant to this subsection C shall be paid into the Bond Fund for credit to the Reserve Account to the extent of any deficiency in such Reserve Account, and the balance of such proceeds, if any, shall be deposited in the Light Fund. D. Notwithstanding any other provision of this Section 9.6 to the contrary, the City may sell or otherwise dispose of any part of the Electric System if the City obtains a certificate satisfying the requirements of Section 4.2.B or Section 4.2.C hereof. Section 9.7. Insurance. The City shall either self-insure or, as needed, and to the extent insurance coverage is available at reasonable cost with responsible insurers, keep, or cause to be kept, the Electric System and the operation thereof insured, with policies payable to the City, against the risks of direct physical loss, damage to or destruction of the Electric System, or any part thereof, and against accidents, casualties or negligence, including liability insurance and employer's liability, at least to the extent that similar insurance is usually carried by electric utilities operating like properties. In the event of any loss or damage to the properties of the Electric System covered by insurance, the City will (i) with respect to each such loss, promptly repair and reconstruct to the extent necessary to the proper conduct of the operations of the Electric System the lost or damaged portion thereof and shall apply the proceeds of any insurance policy or policies covering such loss or damage for that purpose to the extent required therefor, unless in the case of loss or damage involving $300,000 or more, such repair and reconstruction shall not be recommended by the Professional Utility Consultant, and (ii) if the City shall not use the entire proceeds of such insurance to repair or reconstruct such lost or damaged property, such insurance proceeds thereof not so used shall be paid into the Light Fund, and if in excess of $300,000 for anyone loss or damage, shall be used to purchase or redeem Bonds or to acquire or construct extensions, betterments and improvements to the Electric System. Section 9.8. Books of Account. The City shall keep proper books of account as required by this ordinance in accordance with the rules and regulations prescribed by the Division of Municipal Corporations of the Office of the State Auditor of the State of Washington, or other State department or agency succeeding to such duties of the State Auditor's office, and if no such rules or regulations are prescribed, lO'S P:\DOT\DTONT 10/11/01 r-n . The City shall duly and punc~ally pay or Cal.ls~to be paid, but only from the Bond Fund, the principal of, premium, if any, ahd interest on each and every Bond on the dates and at the places and in the manner provided in the Bonds, according to the true intent and meaning thereof, and will faithfully do and perform and fully observe and keep any and all covenants, undertakings, stipulations and provisions contained in the Bonds and in this ordinance and each Supplemental Ordinance authorizing Additional Bonds. Section 9.12. Covenant to Pay Taxes, Assessments and Other Claims. The City shall from time to time duly pay and discharge, or cause to be paid and discharged, when the same shall become due, all taxes, assessments and other governmental charges, or payments in lieu thereof, lawfully imposed upon the Electric System or the Revenues, and all claims for labor and materials and supplies which, if not paid, might become a lien or charge upon the Electric System, or any part thereof, or upon the Revenues, or which might in any way impair the security of the Bonds, except taxes, assessments, charges or claims which the City shall in good faith contest by proper legal proceedings. Section 9.13. Covenant to Retain Competent Management. The City shall at all times retain and employ a competent manager for the Electric System who shall be an experienced executive of administrative ability. All employees or agents of the City who collect or handle money of the City shall be bonded by a responsible surety company . or companies in amounts sufficient to protect the City adequately from loss. Section 9.14. Further Assurances. . The City shall, at any and all times, insofar as it may be authorized so to do, pass, make, do, execute, acknowledge and deliver all and every such further ordinances, acts, deeds, conveyances, assignments, transfers and assurances as may be necessary or desirable for the better assuring, conveying, granting, assigning and confirming any and all of the rights, Revenues and other funds hereby pledged or assigned to the payment of the Bonds, or intended so to be, or which the City may hereafter become bound to pledge or assign. Section 9.15. Tax Covenants; Special Designation. The City shall comply with the provisions of this Section unless, in the written opinion of bond counsel to the City, such compliance is not required in order to maintain the exemption of the interest on the 2001 Bonds from federal income taxation. The City hereby covenants that it will not make any use vf the proceeds of sale of the 2001 Bonds or any other funds of the City that may be deemed to be proceeds of such 2001 Bonds pursuant to Section 148 of the federal Internal Revenue Code of 1986 and the applicable regulations thereunder that will cause the 2001 Bonds to be "arbitrage bonds" within the meaning of said section and said regulations. The City will comply with the requirements of Section 148 of the Internal Revenue Code of 1986, as amended (or any successor provision thereof applicable l-rb P:\DOT\OTONT 10/11/01 . . . event any such modifications are not contrary to or inconsistent with this ordinance or any Supplemental Ordinance as theretofore m effect; or (7) To modify any of the provisions of this ordinance or any Supplemental Ordinance in any other respect; provided that such modification shall not be effective until after the Bonds outstanding as of the date of adoption of such ordinance shall cease to be outstanding, and any Bonds issued under such ordinance shall contain a specific reference to the modifications contained in such subsequent ordinance. Section 10.2. Amendments With Consent of Bond owners. The provisions of this ordinance and of any Supplemental Ordinance may be modified at any time or from time to time by a Supplemental Ordinance, with the consent of bondowners in accordance with and subject to the proyisions of Article XII hereof. Written notice of any amendment to this ordinance or any Supplemental Ordinance shall be given to Moody's Investors Service, 99 Church Street, New York, NY 10007, Attention: Public Finance. ARTICLE XI DEF AUL TS AND REMEDIES Section 11.1. Events of Default. The Council hereby finds and determines that the continuous operation of the Electric System and the collection, deposit and disbursement of the Revenues in the manner provided m Ordinance Nos. 2709, 2877 and 2879, this ordinance, and any Supplemental Ordinances thereto are essential to the payment and security of the Bonds, and the failure or refusal of the City to perform the covenants and obligations contained in such ordinances will endanger the necessary continuous operation of the Electric System and the application of the Revenues to the purposes set forth in such ordinances. Ordinance Nos. 2709, 2877, 2879, this ordinance and each Supplemental Ordinance adopted pursuant to Article X are hereinafter in this Article XI and in Article XII referred to collectively as "the Ordinance." The City hereby covenants and agrees with the purchasers and owners from time to time of the Bonds, in order to protect and safeguard the covenants and obligations undertaken by the City securing the Bonds, that the following shall constitute "Events of Default": (1) If the City shall default in the performance of any obligations with respect to payments into the Light Fund; (2) If default shall be made in the due and punctual payment of the principal of and premium, if any, on any of the Bonds when the same shall become due and payable, either at maturity or by proceedings for redemption or otherwise; (3) If default shall be made in the due and punctual payment of any installment of interest on any Bond; l-"~ P:\DOT\DTONT 10/11/01 . . . The Bondowners' Trustee or the owners of~ot less than 50% in principal amount of the Bonds at the time outstanding, or their attorneys-in-fact duly authorized, may on behalf of the owners of all of the Bonds waive any past default under the Ordinance and its consequences, except a default in the payment of the principal of, premium, if any, or interest on any of the Bonds. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Section 11.3. Bondowners'Trustee. So long as an Event of Default shall not have been remedied, a Bondowners' Trustee may be appointed by the owners of 20% In principal amount of the Bonds then outstanding, by an instrument or concurrent instruments in writing signed and acknowledged by such bondowners or by their attorneys-in-fact duly authorized and delivered to such Trustee, notification thereof being given to the City. Any Bondowners' Trustee appointed under the provisions of this Section 11.3 shall be a bank or trust company organized under the laws of the State of Washington or the State of New York or a national banking association. The fees and expenses of the Bondowners' Trustee shall be borne by the Bondowners and not by the City. The bank or trust company acting as Bondowners' Trustee may be removed at any time, and a successor Bondowners' Trustee may be appointed, by the owners of a majority in principal amount of the Bonds, by an instrument or concurrent instruments in writing signed and acknowledged by such Bondowners or by their attorneys-in-fact duly authorized. The Bondowners' Trustee appointed in the manner herein provided, and each successor thereto, is hereby declared to be a trustee for the owners of all the Bonds and is empowered to exercise all the rights and powers herein conferred on the Bondowners' Trustee. Section 11.4. Suits at Law or in Equity. The Bondowners' Trustee may upon the happening of an Event of Default, and during the continuance thereof, take such steps and institute such suits, actions or other proceedings in its own name, or as trustee, all as it may deem appropriate for the protection and enforcement of the rights of bondowners to collect any amounts due and owing the City, or to obtain other appropriate relief, and may enforce the specific performance of any covenant, agreement or condition contained in the Ordinance,.or in any of the Bonds. Any action, suit or other proceedings instituted by the Bondowners' Trustee hereunder shall be brought in its name as trustee for the bondowners and all such rights of action upon or under any of the Bonds or the provisions of the Ordinance may be enforced by the Bondowners' Trustee without the possession of any of said Bonds, and without the production of the same at any trial or proceedings relative thereto except where otherwise required by law, and the respective owners of said Bonds, by taking and holding the same, shall be conclusively deemed irrevocably to appoint the Bondowners' Trustee the true and lawful trustee of the respective owners of said Bonds, with authority to institute any such action, suit or proceeding; to receive as trustee and deposit in trust any sums becoming distributable on account of said Bonds; to execute any paper or documents for the receipt of such money, and to do all acts with respect thereto that l-ll P:\OOnoTONT 10/11/01 . . . or interest maturing on the same date, then to the payment thereof ratably, according to the amounts due thereon, to the persons entitled thereto, without any discrimination or preference; and Second, to the payment to the persons entitled thereto of the unpaid principal and premium, if any, of any Bonds which shall have become due, whether at maturity or by call for redemption, in the order of their due dates, earliest maturities first, and, if the amount available shall not be sufficient to pay in full all the Bonds due on any date, then to the payment thereof ratably, according to the amounts of principal and premium, if any, due on such date, to the persons entitled thereto, without any discrimination or preference. Section 11.8. Relinquishment or-Funds Upon Remedy of Default. If and whenever all overdue installments of interest on all Bonds, together with the reasonable and proper charges, expenses and liabilities of the Bondowners' Trustee and the owners of Bonds, their respective agents and attorneys, and all other sums payable by the City under the Ordinance, including the principal of, premium, if any, and accrued unpaid interest on all Bonds then payable (with interest upon such principal and premium, if any, and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest, at the same rate as the rate of interest specified in the Bonds, to the date of such payment or deposit), shall either be paid by or for the account of the City, or provision satisfactory to the Bondowners' Trustee shall be made for such payment, and all defaults under the Ordinance. or the Bonds shall be made good or secured to the satisfaction of the Bondowners' Trustee or provision deemed by the Bondowners' Trustee to be adequate shall be made therefor, the Bondowners' Trustee shall pay over to the City all money, securities, funds and Revenues then remaining unexpended in the hands of the Bondowners' Trustee and thereupon all Revenues shall thereafter be applied as provided in the Ordinance. No such payment over to the City by the Bondowners' Trustee or resumption of the application of Revenues as provided in the Ordinance shall extend to or affect any subsequent default under the Ordinance or impair any right consequent thereon. Section 11.9. Suits by Individual Bondowners. No owner of anyone or more of the Bonds shall have any right to institute any action, suit or proceeding at law or in equity, unless an Event of Default shall have happened and be continuing, and unless no Bondowners' Trustee has been appointed as herein provided, but any remedy herein authorized to be exercised by the Bondowners' Trustee may be exercised individually by any bondowner, in his own name and on his own behalf or for the benefit of all bondowners, in the event that no Bondowners' Trustee has been appointed, or with the consent of the Bondowners' Trustee if such Bondowners' Trustee has been appointed; provided, however, that nothing in the Ordinance or in the Bonds shall affect or impair the obligation of the City, which is absolute and unconditional, to pay from Net Revenues the principal of and interest on the Bonds to the respective owners thereof at the respective due dates therein specified, or 1-1a P:\DOnoTONT 10/11/01 . . . Section 12.3. Proxies; Proof of Ownership of Bonds. Attendance and voting by bondowners at such meetings may be in person or by proxy. Owners of Bonds may, by an instrument in writing under their hands, appoint any person or persons, with full power and substitution, as their proxy to vote at any meeting for them. Officers or nominees of the City may be present or represented at such meeting and take part therein but shall not be entitled to vote thereat, except as such officers or nominees are bondowners or proxies for bondowners. Any registered owner of Bonds shall be entitled in person or by proxy to attend and vote at such meeting as owner of the Bonds registered in his name without producing such Bonds, and such persons and their proxies shall, if required, produce such proof of personal identity as shall be satisfactory to the Secretary of the meeting. All proxies presented at such meeting shall be delivered to the Inspectors of Votes and filed with the Secretary of the meeting. The vote at any such meeting of the owner of any Bond entitled to vote thereat shall be binding upon such owner and upon every such subsequent owner of such Bond (whether or not such subsequent owner has notice thereof). Section 12.4. Execution oflnstruments by Bondowners. Any request, direction, consent or other instrument in writing required or permitted by the Ordinance to be signed or executed by Bondowners may be in any number of concurrent instruments of similar tenor, and may be signed or executed by such bondowners in person or by agent appointed by an instrument in writing. Proof of the execution of any such instrument shall be sufficient for any purpose of the Ordinance if made by either (a) an acknowledgment executed by a notary public or other officer empowered to take acknowledgments of deeds to be recorded in the particular jurisdiction, or (b) an affidavit of a witness to such execution sworn to before such a notary public or other officer. Where such execution is by an officer of a corporation or association or a member of a partnership on behalf of such corporation, association or partnership, such acknowledgment or affidavit shall also constitute sufficient proof of his authority. The foregoing shall not be construed as limiting the City to such proof, it being intended that the City may accept any other evidence of the matters herein stated which it may deem sufficient. Any request or consent of the owner of any Bond shall bind every future owner of the same Bond in respect of anything done by the City in pursuance of such request, direction or consent. The right of a proxy for a bondowner to act may be proved (subject to the City's right to require additional proof) by a written proxy executed by such bondowner as aforesaid. . I 1-'8 P:\DOl\DTONT 10/11/01 . . . submitted by the City for approval to a meeting of the bondowners duly convened and held in accordance with the provisions of the Ordinance. A record in duplicate of the proceedings of each meeting of the bondowners shall be prepared by the permanent Secretary of the meeting and shall have attached thereto the original reports of the Inspectors of Votes and affidavits by a person or persons having knowledge of the facts, showing a copy of the notice of the meeting and setting forth the facts with respect to the mailing and publication thereof under the provisions of the Ordinance. Such a record shall be signed and verified by the affidavits of the permanent Chairman and the permanent Secretary of the meeting, and one duplicate thereof shall be delivered to the City. Any record so signed and verified shall be proof of the matters therein stated. If the ordinance of the City making such amendment shall be approved by a ordinance duly adopted at such meeting of bondownersby the affirmative vote of the owners of the required percentages of Bonds, a notice stating that a ordinance approving such amendment has been so adopted shall be mailed by the City to each bondowner who has requested such notice (but failure so to mail copies of such notice shall not affect the validity of such ordinance) and shall be published at least once in the manner provided in Section 12.2 hereof. Proof of such mailing and publication by the affidavit or affidavits of a person or persons having knowledge of the facts shall be filed with the City. Such ordinance of the City making such amendment shall be deemed conclusively to be binding upon the. City, the Paying Agents, and the owners of all Bonds at the expiration of 30 days after the publication of the notice provided for in this Section, except in the event of a final decree of a court of competent jurisdiction setting aside such ordinance or annulling the action taken thereby in a legal action or equitable proceeding for such purpose commenced within such period; provided that the City and any Paying Agents during such 30 day period and any such further period during which such action or proceeding may be pending shall be entitled in their absolute discretion to take such action, or to refrain from taking such action, with respect to such ordinance as they may deem expedient. Nothing in the Ordinance contained shall be deemed or construed to authorize or permit, by reason of any call of a meeting of bondowners or of any right conferred hereunder to make such a call, any hindrance or delay in the exercise of any rights conferred upon or reserved to the Paying Agents or the bondowners under any of the provisions of the Ordinance. Section 12.9. Altemate Method of Obtaining Approval of Amendments. The City may at any time adopt an ordinance amending the provisions of the Ordinance, or of any Bonds, to the extent that such amendment is permitted by the provisions of this Article, to take effect when and as provided in this Section. Upon adoption of such ordinance, a request that bondowners consent thereto shall be mailed by the City to the bondowners and notice that the City is requesting bondowners to consent to such amendment shall be published at least once in the manner provided in Section 12.2 hereof. Such ordinance shall not be effective unless and until there shall have been filed with the City the written consents of the percentages of owners of outstanding Bonds specified in Section 12.7 hereof and a notice shall have been published as hereinafter in this Section provided. Each.such consent shall be effective only if accompanied by proof of ownership of the Bonds for which such consent is given, which proof shall be such as is permitted by Section 12.3 hereof. A certificate or certificates of the City Clerk that he has examined such proof and that such proof is sufficient shall be conclusive that the consents have been given by the owners of the Bonds described in such certificate or certificates. Any such l~tl P:\OOnDTONT 10/11/01 . . . ARTICLE xm MISCELLANEOUS, DEFEASANCE; SALE OF BONDS AND APPROVAL OF OFFICIAL STATEMENT Section 13.1. Ordinance and Laws a Contract With Bondowners. This ordinance is adopted under the authority of and in full compliance with the Constitution and laws of the State of Washington, as amended and supplemented. In consideration of the purchase and acceptance of the Bonds by those who shall hold the same from time to time, the provisions of. this ordinance and of any Supplemental Ordinance authorizing the issuance of Additional Bonds and of said laws shall constitute a contract with the owner or owners of each Bond, and the obligations of the City and its Council under said acts and under this ordinance shall be enforceable by any court of competent jurisdiction; and the covenants and agreements herein set forth to be performed on behalf of the City shall be for the equal benefit, protection and security of the owners of any and all of said Bonds all of which, regardless of the time or times of their issue or maturity, shall be of equal rank without preference, priority or distinction of any of said Bonds over any others thereof except as expressly provided herein. Section 13.2. Bonds Deemed No Longer to be Outstanding Hereunder. In the event that the City, in order to effect the payment, retirement or redemption of any Bond, sets aside in the Bond Fund or in another special account, held in trust by the City or by a qualified tmstee, advance refunding bond proceeds or other money lawfully available or direct obligations of or obligations the principal of and the interest on which are unconditionally guaranteed by the United States Government ("Government Obligations"), or any combination of such proceeds, money and/or Government Obligations, in amounts which, together with known earned income from the investment thereof are sufficient to redeem, retire or pay such Bond in accordance with its tem1S and to pay when due the interest and redemption premium, if any, thereon, and such proceeds, money and/or Government Obligations are irrevocably set aside and pledged for such purpose, then no further payments need be made into the Bond Fund for the payment of the principal of and interest on such Bond, and the owner of such Bond shall cease to be entitled to any lien, benefit or security of this ordinance, or any other ordinance of the City, except the right to receive payment of principal, premium, if any, and interest from such special account, and such Bonds shall be deemed not to be outstanding hereunder. The City shall obtain an opinion of nationally recognized bond counsel to the effect set forth in the preceding sentence and that the tax-exempt status of such Bonds is not adversely affected, and a verification from a certified public accountant that the money when due or Government Obligations so set aside will be sufficient to pay the principal, premium, if any, and interest on the Bonds to be refunded. Section 13.3. Money Held by Paying Agents One Year After Due Date. Money or Permitted Investments held by the Paying Agents in trust for the payment and discharge of any of the Bonds which remain unclaimed for one year after the date when such Bonds shall have become due and payable, either at their stated maturity dates or by call for 1~2 P:\DOT\DTONT 10/11/01 . . . 3. Electric System retail customers, energy sales, peak loads and revenues substantially in the form of the table ["Historical Customers and Energy Revenues"] in the Official Statement for the 2001 Bonds; 4. Electric System operating results and debt service coverage on the outstanding Bonds substantially in the form of the table "Historical Operating Results" in the Official Statement for the 2001 Bonds; and 5. The aggregate amount and percentage of total energy sold and of retail revenues provided by the Electric System's ten largest customers. Items 2-5 shall be required only to the extent that such information is not included in the annual financial statements. The information and data described above shall be provided on or before nine months after the end of the City's fiscal year. The City's current fiscal year ends December 31. The City may adjust such fiscal year by providing written notice of the change of fiscal year to each then existing NRMSIR and the SID, if any. In lieu of providing such annual financial information and operating data, the City may cross-reference to other documents provided to the NRMSIR's, the SID or to the Commission and, if such document is a final official statement within the meaning of the Rule, available from the MSRB. C. Material Events. The City agrees to provide or cause to be provided, in a timely manner, to the SID, if any, and to each NRMSIR or to the MSRB notice of the occurrence of any ofthe following events with respect to the Bonds, ifmaterial: · Principal and interest payment delinquencies; · Non-payment related defaults; · Unscheduled draws on debt service reserves reflecting financial difficulties; · Unscheduled draws on credit enhancements reflecting financial difficulties; · Substitution of credit or liquidity providers, or their failure to perform; · Adverse tax opinions or events affecting the tax-exempt status ofthe Bonds; . Modifications to rights of owners; · Optional, contingent or unscheduled Bond calls other than scheduled sinking fund redemptions for which notice is given pursuant to Exchange Act Release 34-23856; · Defeasances; · Release, substitution or sale of property securing the repayment of the Bonds; and . Rating changes. Solely for purposes of disclosure, and not intending to modify this undertaking, the City advises that no debt service reserves or property secure payment of the Bonds. l~l P:\DOWTONT 10/11/01 certificates, and other documentation on behalf of the District as shall be necessary or advisable . in providing for the Bond Insurance Policy.] Section 13.7. Benefits of Ordinance Limited to City, Bondowners, and Paving Agents. Nothing in this ordinance, expressed or implied, is intended or shall be construed to confer upon or give to any person or corporation other than the City, the Bond Registrar, and the owners from time to time of the 2001 Bonds any rights, remedies or claims under or by reason of this ordinance or any covenant, condition or stipulation thereof; and all the covenants, stipulations, promises and agreements in this ordinance contained by or on behalf of the City shall be for the sole and exclusive benefit of the City, the Bond Registrar and the owners from time to time of the 2001 Bonds. Section 13.8. Tenn "City" Includes Successors. Whenever in this ordinance the City is named or referred to, it shall be deemed to include its successors and assigns, including any successor by merger or consolidation, and all the covenants and agreements in this ordinance contained by or on behalf of the City shall bind and inure to the benefit of its successors and assigns whether so expressed or not. Section 13.9. Severability. . If anyone or more of the covenants or agreements provided in this ordinance on the part of the City to be perfomled shall be declared by any court of competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or agreements shall be null and void and shall be deemed separable from the remaining covenants and agreements, and shall in no way affect the validity of the other provisjons ofthis ordinance or of the Bonds issued hereunder. Section 13.10. General Authorization. The Mayor, City Light Director, Finance Director and City Clerk and each of the other appropriate officers of the City are each hereby authorized and directed to take such steps, to do such other acts and things, and to execute such letters, certificates, agreements, papers, financing statements, assignments or instruments as in their judgment may be necessary, appropriate or desirable in order to can)' out the terms and provisions of, and complete the transactions contemplated by, this ordinance. Section 13.11. Adjustment of Dollar Amounts. The dollar amounts stated in Sections 9.6.B and 9.7 hereof may, at the option of the City, be adjusted according to the Federal Consumer Price Index applicable to the City, or, if such consumer price index is no longer published, such other similar governmentally published index. . Section 13.12. Prior Acts. 1~6 p:\OOnOTONT 10/11/01 . . . CERTIFICATE I, the undersigned, City Clerk of the City of Port Angeles, Washington, DO HEREBY CERTIFY: 1. That the attached is a true and correct copy of Ordinance No. (the "Ordinance") of the City, duly passed at a regular meeting of the City Council (the "Council") of the City held on the 16th day of October, 2001. 2. That said meeting was duly convened and held in all respects in'accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that a legal quorum was,R-r:.esent throughout the meeting and a legally sufficient number of members of the Council voted in the proper manner for the passage of said Ordinance; that all other requirements and proceedings incident to the proper passage of said Ordinance have been fully fulfilled, carried out and otherwise observed; and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand this day of October, 2001. City Clerk 128 P:\DOT\OTONT 10/11101 r- . . . DATE: To: FROM: SUBJECT: ~ORTANGELES WAS H I N G T.O N, U. S. A. CITY COUNCIL MEMO October 16, 2001 MAYOR DOYLE AND CITY COUNCIL Timothy 1. Smith, Economic Development Director Lodging Tax Advisory Committee Recommendations for 2002 Budget Issue: Shall the Council accept recommendations from the City Lodging Tax Advisory Committee regarding lodging tax fund allocations for the year 2002? Recommendation: Accept the recommendation from the City Lodging Tax Advisory Committee providing for an allocation of200210dging tax funds in the amount of $284,000 to the Port Angeles Chamber of Commerce and $10,000 to the City Parks and Recreation Department. Summary: As part of the City's budget process, the City Lodging Tax Advisory Committee considered an allocation of Lodging Tax funds for services by the Port Angeles Chamber of Commerce and Parks and Recreation Department to perform tourism information and promotion activities and services during 2002. The proposed services are similar to those which have been performed in the past. Background / Analvsis: A comprehensive proposal relating to tourism information and promotion services have been jointly developed by the Chamber of Commerce, Parks and Recreation Department and City Lodging Tax Advisory Committee. The proposed services and activities include quarterly performance reporting expectations throughout 2002. The proposed services, funding allocation components, special events criteria and performance reporting model are as follows: Proposed Services/Activities and Funding Allocation Components Port Angeles Chamber of Commerce Special Events Ad/Promo Visitor Center Peninsula Joint Marketing Administrative Support Total $ 50,000 $149,000 $ 50,000 $ 20,000 $ 15.000 $284,000 City Parks and Recreation Department Special Events $ 10,000 130 . . This page intentionally left blank. . 132 r :1~~~~r1~Sr~:J!~Vi!1r:if;V;'>;' ,;')"!1';";f;~jt';i,t~~:~'~~,~~~~~~~i' LODGING TAX ADVISORY COMMITIEE October 4, 2001 Financial Report- September, 2001 (Cont'd) in that funds committed for a Convention Center did not come out of the General Fund but, rather, out of the lodging tax revenues. . Director Smith provided information relative to the RFPs for a Convention Center in that there were twenty-four requests for the RFP proposal packet. There were approximately six groups working on a proposal; however, only two were ultimately submitted to the City. The two proposals are being reviewed, and an analysis should be complete in the next several weeks. Mr. Smith was encouraged by the proposals, and he expressed the opinion that it appears quite possible that something can be fmalized for a Convention Center. 2002 Funding - Special Events / Marketing 2002 Funding - Special Events / Marketing: Based on discussion at the previous meeting, Russ Veenema had been asked to return with additional information relative to 2002 funding requests for special events and marketing. At this time, Mr. Veenema distributed various documents setting forth the events funded in 200 I and proposed new and expanded events, options for tracking results, criteria for a special event to receive funding from lodging taxes, and information that is to be included in a brochure. Jim Haguewood provided commentaries as a follow-up to discussions held with Mr. Veenema on identifying the "product"; he noted his concern about the need to increase special events. . Mr. Veenema reviewed in detail the list of proposed new and expanded events, as well as the criteria to be used in determining if an event would qualify for funding from lodging taxes. After discussion on the criteria, Mr. Veenema then summarized the information that would be included in a brochure, which is intended to entice people to the Peninsula for recreational purposes. He indicated every effort would also be made to direct people to the web site to gain information on other destination style events. He reviewed the options that could be instituted for tracking results of these efforts, and Director Smith felt it important to gain commitments from a group of hotels and motels to receive this information on a consistent basis. The information would prove to be helpful in determining the timing of events to be held. Mr. Veenema advised the committee that confidentiality statements will be signed by the Chamber of Commerce and the owners of the properties before this information can be gained. He expressed hope that this effort can commence as of January 1. The suggestion was made to also gain information as to ferry counts in order to track visits to the Peninsula. Director Smith inquired as to whether reports on the status of funding allocations would be forthcoming on a monthly basis, and Mr. Veenema expressed the preference to provide the information on a quarterly basis. After further discussion, Jim Haguewood moved to adopt the guidelines for tracking - results, to include an update on programs and works in progress and anticipated projects, with reports being provided to the Lodging Tax Advisory Committee on a quarterly basis. The motion was seconded by Bill Rinehart. Discussion followed with clarification being sought on the intent of the motion, and Zoe Bay ton felt the information from the ferries would be subject to ferry participation. Mr. Veenema was complimented on the thorough proposals submitted, after which a vote was taken on the motion which carried unanimously. . Councilman Wiggins asked Manager Quinn for clarification on funding possibilities for the Parks & Recreation programs, as Manager Quinn had indicated his willingness to attempt to transfer the recreation efforts into the General Fund. Manager Quinn indicated he could anticipate $10,000 in funding from lodging taxes, and the remainder would need to come out of the General Fund. Mr. Veenema felt there was no reason why Parks & Recreation couldn't put in a request for more events, particularly since the mechanism was in place. 134 . . . ,~*,~'1~~~~~~~~~\:i~::.,j':~\:8~T~~~~~~~~: LODGING TAX ADVISORY COMMITTEE" ' . October 4, 2001 Next Meeting Next Meeting: The next meeting will be held on Wednesday, October 17,2001, at 2:00 p.m. to further review the request for the Cascadia Center Project. Adjournment Adjournment: The meeting adjourned at 3:55 p.m. Glenn Wiggins, Chair Becky J. Upton, City Clerk 136- pORTANGELES WAS H I N G TON, U. s. A. CITY COUNCIL MEMO DATE: October 16, 2001 To: MAYOR DOYLE AND CITY COUNCIL FROM: Timothy 1. Smith, Economic Development Director SUBJECT: Set Special Meeting Date for Joint City / Port Meeting to Receive Proposals for Downtown Waterfront Conference Center Issue: Shall the City set a date for a joint City / Port Meeting to Receive Proposals for Downtown Waterfront Conference Center? Recommendation: Set a Joint City of Port Angeles / Port of Port Angeles meeting on October 24th, at 6:30 m to receive ro osals for Downtown Waterfront Conference Center Pro.ect. SummaryIBackgroundl Analysis: In accordance with recommendations from the City's Lodging Tax Advisory Committee and instruction by the City Council, staff has recently advertised a Request for Proposals for a downtown waterfront conference center. Two proposals have been made. Both proposals involve the potential use of Port of Port Angeles property. Staffhas worked with the City Manager, Council, Port of Port Angeles and the two firms which have submitted proposals to set a joint City/Port public meeting to receive the proposals and share them with the community. The intent of the meeting is to allow the competing proposals to present their proposed project approaches as a lead-in to a formal review process and potential negotiations. Council has selected a sub-committee made up of Lodging Tax Advisory Committee members to review the proposals in-depth with the intent of making a recommendation on the preferred project to the City Council and Port Commission within the next several months. A meeting date for the presentations has been agreed to with the Port and the Proposers for October 24th at 6:30 pm. Council requires formal action to set the special public meeting. . . . DATE: To: FROM: SUBJECT: --i~ FORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO OCTOBER 16, 2001 MAYOR DOYLE AND CITY COUNCIL Brad Collins, Community Development Director t7'L.../ STREET VACATION PETITION REQUEST - STV 01-04 HOPFNER - 3D-Foot Portion of Grace (Peabody) Street Summary: A valid petition has been received requesting vacation of a portion of Grace (Peabody) Street, abutting Tax Parcel 1786, H. Maguire's Addition to the Townsite of Port Angeles (TPA). Following the public hearing, the City Council should consider the recommendation of the Planning Commission to approve the proposed street vacation. The recommended conditions will require the property owner to exchange a 3D-foot portion of the subject property abutting Hillcrest Drive, to dedicate the westerly 30 feet of the Grace Street right-of-way abutting Hillcrest Drive, and to sign a no-protest LID agreement for installation ofa sidewalk along Peabody. Street. Recommendation: Staff recommends that the City Council approve STV 01-04 as recommended by the Planning Commission and adopt the attached ordinance, citing 4 conditions, 13 findinf!s, and 9 conclusions. . Backl:round / Analysis: The owner of Tax Parcel 1786, H. Maguire's Addition to the Townsite of Port Angeles (TP A) has submitted a valid petition requesting the vacation of a 3D-foot portion of the abutting right-of-way described as the westerly 30 feet of Grace Street. The subject right-of-way is located in the Residential Single Family RS-9 zone west of Peabody Street. Peabody Street is designated as an arterial street and a school walking route. The westerly 30 feet is in excess of the 70-foot of right-of-way needed for Peabody Street. Dr. Hopfner does not object to the recommended conditions and proposed the exchange of 30 feet abutting Hillcrest Drive. The Planning Commission conducted a public hearing on the proposal on September 26, 2001, and recommended approval of STY 01-04 citing 4 conditions, 13 findings, and 9 conclusions. The Real Estate Committee met on October 9, 2001, and recommended a simple exchange with no compensation for the value of any discrepancy in the amounts of land area to be exchanged. An 138 MEMO PUBLIC WORKS & UTILITIES DEPARTMENT. Glenn A. Cutler Director (4801) Phyllis Rasler Ad ministrative Assistant (4800) Cate Rinehart Ad ministrative Assistant (4700) Ken Ridout Deputy Director (4802) Gary Kenworthy Deputy Director and City Engineer [4a03) Scott McLain Deputy Director (4703) Jim Harper Electrical Engineering Mgr. (4702) Larry Dunbar Power Resources Mgr. (4713) Doyle McGinley Water. Wastewater CoHection Superintendent (4855) Pete Burrett Equipment Services Superintendent [4835] Dave Ireland Light Operations Manager (4731) Jeff D. Young Treat. Plant Superintendent (4845) Tom McCabe Solid Waste Superintendent (4872) Steve Evans Landfill Supervisor (4873) Mike Horton Street Maintenance Supervisor 14825J FORTANGELES WAS H I N G TON, U. S. A. DATE: October 9,2001 TO: City Council Real Estate Committee Mayor Jim Doyle and Council Members FROM: Public Works and Utilities Department Trenia Funston, Engineering Permit Specialist RE: Street vacation petition STY 01-04, Hopfuer The (30') Peabody Street vacation and proposed property exchange reference above will be a benefit to both parties. The city will be gaining a (30') right of way on Hillcrest Drive, which would give the City an additional utility and street corridor, leading to the possible development of the properties west of. Hophner's parcel. These properties have previously been listed for sale but were limited to construction of only one single family residence per parcel due.to limited amount of right of way along Hillcrest Drive. When Hopfuer's parcel is developed, Public Works and Utilities will require sidewalk placement adjacent to the curb on Peabody Street. The square footage exchange may be less on the Hillcrest Drive side, but the potential for acquiring a sidewalk during development of this property is in the best interest of the City. Even though any development on Hopfner's property would result in sidewalk placement, they would not be required to dedicate any right of way along Hillcrest Drive. With the vacating of 30' along Peabody Street the City will still be able to maintain a 70 foot right of way. The street vacation request is approximately 270 feet along Peabody Street for exchange of approximately 194 feet along Hillcrest Drive. The difference between the two properties would equate to be approximately 2,280 SF. The cost of installing a 300' x 6' . sidewalk is $3.00SF or approximately $I8.00LF, totaling $5400. N:\CITYDEPT\PLANNlNGISTV\STVOJ.04.2 File: Street Vacation cc: Dennis C. Dickson. Sr. Assislnat Attorney Planning Department TNF:tf . ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion of the Grace Street (now more commonly known as Peabody Street) right-of- way abutting Lot 14 of H. Maguire's Addition to Port Angeles. WHEREAS, a petition is on file with the City of Port Angeles to vacate a portion of race Street abutting Lot 14 ofH. Maguire's Addition to the City of Port Angeles; and WHEREAS, the petition was signed by the owners of more than two-thirds of the roperty abutting upon the right-of-way sought to be vacated; and WHEREAS, the City initiated said vacation by Resolution No. 18-01; and WHEREAS, street vacations are categorically exempt from the requirements of the State nvironmental Policy Act (SEP A) as set forth in WAC 197 -11-800(2)(h); and . WHEREAS, a public hearing was held before the City Council following public notice ursuant to Chapter 35.79 RCW; and WHEREAS, the street vacation appears to be of benefit to and in the interest of the NOW, THEREFORE, THE CITY COUNCIL OF PORT ANGELES DOES HEREBY Section 1 - Vacation. Subject to the terms of this Ordinance, the following described . ght-of-way is hereby vacated: The Westerly 30 feet of the Northerly 270 feet of Grace Street (now more commonly known as Peabody) abutting Lot 14 ofH. Maguire's Addition to Port Angeles, recorded in Volume I of Plats, Page 11, Records ofClallam County, Washington. . - 1 - 140 Section 2 - Compensation. Pursuant to RCW 35.79.030 compensation for the right-of- ay shall be the exchange of property having an equivalent value, which property as shown in th Section 3 - Quit Claim Deed. Upon satisfaction ofthe compensation in Section 2 of this rdinance, the owners of the abutting property entitled to that portion of the right-of-way vacated y this Ordinance, pursuant to RCW 35.79.040 will receive a quit claim deed from the City of Port geles for that vacated portion of right-of-way executed by the Mayor, who is hereby authorized nd directed to execute such quit claim deed. Such quit claim deed shall include all reservations, onditions, or other qualifications upon the title established by this Ordinance. Section 3 - Effective Date. This Ordinance shall be effective only upon the satisfaction f the terms and conditions of this Ordinance, and shall be published upon that satisfaction. The ity Clerk is hereby directed to file a certified copy with the Clallam County Auditor and Clallam PASSED by the City Council of the City of Port Angeles at a regular meeting of said ouncil held on the _ day of , 2001. MAYOR ATTEST: APPROVED AS TO FORM: Becky J. Upton, City Clerk Craig D. Knutson, City Attorney PUBLISHED: By Summary G :\EXCHANGE\A TTORNEY\2001-28.ord. wpd October 10, 2001 - 2 - 141 -I.. - --...... .. ~ _.... I., S 88.00'41" E 194.15' rx I - I , I ~ /- )) '" ~ I - , EXISTING WOOD FENCE APPROX, EDGE ~ OF LAWN ~ PROPOSED VACA TlON -/". (PORTION OF THE WEST HALF OF PLATTED GRACE STREET (30' WiDE" STRIP, M?EA ::: 0.19 ACRES) x - .c:. N HOPFNER PARCEL DESCRIBED IN VOLUME 333 OF DEEDS, PAGE 81., AREA = 1.34 ACRES '" .. I 1"'-' EX/STING POST ANJ)' \;IRE' FENCE - , I .. I / .. . 1~~"-,<.'''~--"'';:,,,:'/1.-~~~,,.~~..,,, ", " '" -~-~,.." ". "" "" "', ", '" " ...." '-" """ " " ~...." '" ~ " .... " ~..... ,.." .... " ' .. ". '" '., " ..... '" '" '", " ',- ".., "" " " '" " ......... '''', "" "'''''., \...~..... '... ..., " ...., "'" " .....,,, ~ """ """, ..... """"'" " S '88.00'41" [....... "'9t1. ' "....'" "'" '.... . PR(';')'-':::CO I~RA'IT TO CITY /r- . , .Jr ....J......L. ",,-' /lj . . /' (.30' Wi!JE 5rt~IF;, AREA ::: 0.13 ACRES) ;// . HILLCREST DRIVE o /'f) , . I -\'.------ ...---... ....- .....--.. -.. .....-.......-.... ... . --.,..... ...... ...-,;,:r...... ! \ IV ......---..-----.... .. -.... I I I I I .-.. 8 ~ ;::; q: e= C/) .::s w e 5 EXISTING CURB LINE I I I I I I I I I- tj ~ C/) ).. 8 Q:) ~ a.. CENTERLINE OF GRACE STREET PER PLA T OF H. MAQUIRE'S ADDITION CENTERLINE OF PEABODY STREET AS BUlL T tz:I X ::r f-J. 0' f-J. JO' rt I ):ll I I r- . . . 143 . . . RECOMMENDED CONDITIONS, FINDINGS AND CONCLUSIONS IN SUPPORT OF HOPFNER STREET VACATION PETITION - STV 01-04: Conditions: 1. The vacation is for only the westerly 30 feet of the Grace Street unopened right-of- way, except the south 30 feet, abutting Tax Lot 1786, H. Maguire's Addition to the Townsite of Port Angeles. 2. The City shall retain 70 feet of right-of-way west of the east curb line of Peabody Street. 3. The applicant shall exchange the 30 feet of property abutting the north side of Hillcrest Drive to the City for the westerly 30 feet of unopened Grace Street, except for the south 30 feet, which shall be dedicated as part of Hillcrest Drive. 4. The applicant shall sign a no-protest Local Improvement District agreement for the installation to City standards of a sidewalk on Peabody (Grace) Street right-of-way abutting Tax Lot 1786, H. Maguire's Addition to TPA. Findings: Based on the information provided in the Staff Report for STV 01-04 dated September 26, 2001, including all information in the public record file, comments and testimony presented during the public hearing, and the Planning Commission discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. A petition for vacation of right-of-way was submitted by Edward A. Hopfner on August 10, 2001. 2. The proposed street vacation is for a portion of Grace Street abutting Tax Lot 1786 in H. Maguire's Addition to the Townsite of Port Angeles as shown on the map in Attachment C to the DCD Staff Report of September 26, 2001 3. The purpose of the street vacation is to clear title to Mr. Hopfner's property and to exchange unneeded right-of-way for needed right-of-way at the corner of Grace (Peabody) Street and Hillcrest Drive. 4. Peabody Street is an arterial street on the City's Circulation Plan Map and is a school walking route. 5. The Public Works Department had the following comments: a) It appears that there are no underground utilities affected by this request. Both water and sanitary sewer are adjacent or in Peabody Street. 144 b) Public Works has no objections to this request as long as we can maintain a 70' right of way, measured from the east curb line of Peabody Street. The exchange of 30' right of way along Hillcrest Ave for 30' along Peabody Street will allow for future road and utility improvements. . c) 6. The Fire Department and the Police Department have no objections to the proposed street vacation. 7. The topography of the unopened Grace Street and Hillcrest Drive rights-of- way and the abutting properties slope from north to south and from east to west allowing stormwater runoff to go toward Old Mill Creek via Hillcrest Drive. 8. There is no development proposed in association with this street vacation; however, in the past sidewalk improvements have been recommended because Peabody Street is a designated school walking route. 9. The subject property is designated as Low Density Residential (LOR) on the Comprehensive Plan Land Use Map and Residential Single Family (RS-9) ) on the City's Zoning Map. -10. The Community Development Department found the proposed street vacation as conditioned to be consistent with the Comprehensive Plan goals, . policies, and maps. 11. The vacating of a street is categorically exempt from a SEPA threshold determination and Environmental Impact Satement requirements per Section 197-11-800 (2) (h) of the Washington Administrative Code which states "(2) Other minor new construction. The following types of construction shall be exempt. .. (h) The vacation of streets or roads." 12. Per the required publication and notification procedures, the site was posted, and notice of the action was published in the Peninsula Daily News on August 10, 2001, and no public comments were received during the publication and posting period. 13. This action constitutes a recommendation to the City Council, who have scheduled a public hearing for consideration of the petition at its October 16, 2001, regular meeting. Conclusions: Based on the information provided in the Staff Report for STV 01-04 dated September 26, 2001, including all information in the public record file, comments and . testimony presented during the public hearing, and the Planning Commission discussion and deliberation, the City of Port Angeles Planning Commission hereby concludes that: 145 . . . ~':'~~~~~~'!i,:t--,:~'~~;:P;~~~~:' ht(,.:...".,,'. " C'- .:: ','~_;:L.~' As conditioned, traffic patterns on Peabody~~treet would not be affected by this vacation, and improvements for traffic on Hillcrest Drive could be made. A. As conditioned, the low density resideritial development patterns in the area will not be affected by the proposed vacation. B. Any future improvements to Hillcrest Drive would require stormwater improvements to City standards and protect Old Mill and Valley Creeks. C. The vacation of the proposed rights-of-way will not interfere with the public's health, safety or welfare so long as conditions retaining necessary rights-of- way and utility easements, including future storm drainage facilities, are required. D. The proposal helps to resolve questions about rights-of-way needed as well as not needed for future road and utility improvements. E. The proposal is consistent with the goals and policies of the City's Comprehensive Plan, specifically the following Comprehensive Plan policies have been found to be most relevant to the proposal: Land Use Policies B.1 and B.3, Transportation Goal A, Policies A.2 and A.3, Goal B, Policies B.11 and 8.12, Utilities and Public Services Goal D, Policies D.1, D.5, and D.6, and Capital Facilities Goal B, Policies B.1 and B.2. F. The residential development pattern in this zone and vicinity will be enhanced, and the necessary rights-of-way will be retained for arterial street purposes and obtained for local access street and utility purposes in advance of new residential development in the area. G. Peabody Street is designated as a school walking route, and sidewalks should be planned at the time of development or LID formation. H. As conditioned, the street vacation and the right-of-way exchange are in the public interest. Adopted by the Port Angeles City Council at its meeting of October 16, 2001. Larry Doyle, Mayor Becky J. Upton, City Clerk 146 . . . 147 . . . Planning Commission Minutes September 26, 200 I Page 2 PUBLIC HEARINGS: STREET Y ACA TION PETITION - STY 01-04 - HOPFNER. Portion of Grace Street: Request for vacation of 30 feet of Grace Street abutting Tax Parcel 1786 in H Maguire's Addition to the Townsite of Port Angeles. Community Development Director Brad Collins presented staffs report. He noted that the map shows the confusion of the old platted Grace Street and the actual Peabody Street improvement and that the southerly 30 feet of Grace Street is not proposed for vacation because it needs to be dedicated to connect Hillcrest Drive to Peabody Street. Commissioner Schramm asked why not vacate all of the Grace Street unopened right-of-way that is not needed for the 70 feet of Peabody Street right-of-way and place the property back on the tax rolls. Director Collins stated it is possible that would done at the time improvements to the right-of- way are made. At this time it would require additional costs to survey the right-of-way line, and neither the City nor the applicant would like to incur those additional costs. Commissioner Schramm was concerned that the applicant may have to buy the right-of-way that could be obtained simply by swapping now. He felt a survey could be avoided by rewriting the conditions to say that the applicant's property would be from 70 feet from the east side of Peabody Street. Director Collins agreed that Condition 2 could be relied upon and that Condition 3 could be rewritten to say that the applicant shall exchange the 30 feet abutting Hillcrest Drive for the unopened Grace Street right-of-way with the exception of the 70 feet of right-of-way for Peabody Street. However, the concerns about the legal arguments over vacating unopened right-of-way then may need to be addressed. Commissioner Hewins disagreed with Commissioner Schramm's assessment because we do not know where the Peabody Street right-of-way is. Director Collins said that we know that the Peabody Street improvements are not properly within the right-of-way, and this raises the legal question - did the City basically move the right-of-way to the east where the street is (like an adverse possession). Commissioner Hewins asked about whether there is anymore Grace Street. Director Collins said that the answer is yes and that the City has vacated unopened right-of-way on a case by case basis, mostly to the north, although this particular property is undeveloped and it is important to obtain this right-of-way before development occurs. Commissioner Hewins asked whether the applicant has made any comments to the staff regarding the conditions. Director Collins said no comments have been mad";. Commissioner Philpott sought clarification of the south 30 feet of Grace Street that would become part of the 30 feet of Tax Lot 1786 that would be dedicated to Hillcrest Drive in the exchange. Director Collins pointed out that the primary reason for the street vacation petition and exchange is 148 Planning Commission Minutes September 26, 200 I Page 3 . to clear title both to the applicant's property and to the rights-of-way, which is the public interest as well as the applicant's private interest. Chair Nutter opened the public hearing. There was no public testimony. There being no public testimony, Chair Nutter closed the public hearing. Commissioner Hewins asked if the no-protest LID agreement could force the applicant to have his own local improvement district or join an LID for other improvements. Director Collins said that the City would not force the formation of a single property LID, since the improvements could be required if the property develops, and that the record shows the no-protest agreement only applies to sidewalk improvements. Commissioner Schramm asked if the storm water drainage improvements would be required if development occurs. Director Collins answered yes. Commissioner Philpott moved to recommend approval STY 01-04 to the City Council, citing the following 4 conditions, 13 findings, and 9 conclusions: ~~: . 1. The vacation is for only the westerly 30 feet of the Grace Street unopened right-of-way, except the south 30 feet, abutting Tax Lot 1786, H. Maguire's Addition to the Townsite of Port Angeles. 2. The City shall retain 70 feet of right-of-way west of the east curb line of Peabody Street. 3. The applicant shall exchange the 30 feet of property abutting the north side of Hillcrest Drive to the City for the westerly 30 feet of unopened Grace Street, except for the south 30 feet, which shall be dedicated as part of Hillcrest Drive. 4. The applicant shall sign a no-protest Local Improvement District agreement for the installation to City standards of a sidewalk on Peabody (Grace) Street right-of-way abutting Tax Lot 1786, H. Maguire's Addition to TP A. Findings: Based on the information provided in the Staff Report for STY 01-04 dated September 26, 2001, including all information in the public record file, comments and testimony presented during the public hearing, and the Planning Commission discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. A petition for vacation of right-of-way was submitted by Edward A. Hopfner on August 10,2001. . 149 r-- . . . ~::'~:~;~;'~:~;,j,;g~:~:~~::t:r1;:;:2"~~:~':' 9,;';,~~:~~1~~~~. Planning Commission Minutes September 26,2001 Page 4 2. The proposed street vacation is for a portion of Grace Street abutting Tax Lot 1786 in H. Maguire's Addition to the Townsite of Port Angeles as shown on the map in Attachment C to the DCD Staff Report of September 26,2001 3. The purpose ofthe street vacation is to clear title to Mr. Hopfner's property and to exchange unneeded right-of-way for needed right-of-way at the comer of Grace (Peabody) Street and Hillcrest Drive. 4. Peabody Street is an arterial street on the City's Circulation Plan Map and is a school walking route. 5. The Public Works Department had the following comments: a) It appears that there are no underground utilities affected by this request. Both water and sanitary sewer are adjacent or in Peabody Street. b) Public Works has no objections to this request as long as we can maintain a 70' right of way, measured from the east curb line of Peabody Street. c) The exchange of30' right of way along'Hillcrest Ave for 30' along Peabody Street will allow for future road and utility improvements. 6. The Fire Department and the Police Department have no objections to the proposed street vacation. 7. The topography of the unopened Grace Street and Hillcrest Drive rights-of-way and the abutting properties slope from north to south and from east to west allowing stormwater runoff to go toward Old Mill Creek via Hillcrest Drive. 8. There is no development proposed in association with this street vacation; however, in the past sidewalk improvements have been recommended because Peabody Street is a designated school walking route. 9. The subject property is designated as Low Density Residential (LDR) on the Comprehensive Plan Land Use Map and Residential Single Family (RS-9) ) on the City's Zoning Map. 10. The Community Development Department found the proposed street vacation as conditioned to be consistent with the Comprehensive Plan goals, policies, and maps. 11. The vacating of a street is categorically exempt from a SEP A threshold determination and Environmental Impact Statement requirements per Section 197-11-800 (2) (h) of the Washington Administrative Code which states "(2) Other minor new construction. The following types of construction shall be exempt. . . (h) The vacation of streets or roads." 150 Planning Commission Minutes September 26,2001 Page 5 . 12. Per the required publication and notification procedures, the site was posted, and notice of the action was published in the Peninsula Daily News on August 10, 2001, and no public comments were received during the publication and posting period. 13. This action constitutes a recommendation to the City Council, who have scheduled a public hearing for consideration of the petition at its October 16, 2001, regular meeting. Conclusions: Based on the information provided in the Staff Report for STY 01-04 dated September 26, 2001, including all information in the public record file, comments and testimony presented during the public hearing, and the Planning Commission discussion and deliberation, the City of Port Angeles Planning Commission hereby concludes that: As conditioned, traffic patterns on Peabody Street would not be affected by this vacation, and improvements for traffic on Hillcrest Drive could be made. A. As conditioned, the low density residential development patterns in the area will not be affected by the proposed vacation. B. Any future improvements to Hillcrest Drive would require stormwater improvements to City standards and protect Old Mill and Valley Creeks. . C. The vacation ofthe proposed rights-of-way will not interfere with the public's health, safety or welfare so long as conditions retaining necessary rights-of-way and utility easements, including future storm drainage facilities, are required. D. The proposal helps to resolve questions about rights-of-way needed as well as not needed for future road and utility improvements. E. The proposal is consistent with the goals and policies of the City's Comprehensive Plan, specifically the following Comprehensive Plan policies have been found to be. most relevant to the proposal: Land Use Policies B.1 and B.3, Transportation Goal A, Policies A.2 and A.3, Goal B, Policies B.ll and B.12, Utilities and Public Services Goal D, Policies D.1, D.S, and D.6, and Capital Facilities Goal B, Policies B.1 and B.2. F. The residential development pattern in this zone and vicinity will be enhanced, and the necessary rights-of-way will be retained for arterial street purposes and obtained for local access street and utility purposes in advance of new residential development in the area. . 151 . . . . '''i\b:lJ'~':'''i#"..~",j,:.'''~i~i) :~~"~~~ll1l!l''i . Planning Commission Minutes September 26,2001 Page 6 G. Peabody Street is designated as a school walking route, and sidewalks should be planned at the time of development or LID formation. H. As conditioned, the street vacation and the right-of-way exchange are in the public interest. Commissioner Hewins seconded the motion, which passed 5-0. Director Collins indicated that Commissioner Schramm's concerns would be noted in the minutes and that the City Council could address them should they choose to do so. In response to Commissioner Philpott, Director Collins said the Peabody Street right-of-way and the unopened Grace Street right-of-way merge and do not leave a gap of private property between them as shown on the map, since the Peabody Street improvement not the right-of-way is shown. . 152 'I . . . 153 . . . .. .. FORTANGELES WAS H I N G TON, U. S. A. PLANNING DEPARTMENT STAFF REPORT TO: Planning Commission Brad Collins, Community Development Director ~ September 26, 2001 FROM: DATE: RE: STY 01-04 APPLICANT: Mr. Edward A. Hopfner OWNERS: Ed Hopfner REQUEST: Vacation of a 30 foot portion of Grace Street abutting Tax Parcel 1786 in H. Maguire's Addition to the Townsite of Port Angeles (TPA) COMMUNITY DEVELOPMENT DEP ARTMENT RECOMMENDATION: The Community Development Department recommends that the Planning Commission forward a recommendation of approval to the City Council for street vacation request STV 01- 04 based on the 4 conditions, 13 findings, and 9 conclusions found in Attachment A. BACKGROUND: A petition for vacation of right-of-way was submitted by Ed Hopfner on August 10, 2001. The application materials are provided in Attachment B. The proposed street vacation is for a portion of Grace Street abutting Peabody Street and Tax Lot 1786 in H. Maguire's Addition TP A, as shown on the map in Attachment C. The matter is confusing due to the facts that Peabody Street abuts Grace Street and that Peabody Street isn't properly placed in its right-of-way. The purpose of the street vacation is to clear title to Ml. Hopfner's property and to exchange unneeded right-of-way for needed right-of-way at the corner of Grace (peabody) Street and Hillcrest Drive. Peabody Street is an .arterial street on the City's Circulation Plan Map. 154 Community Development Department Staff ~ ~ort STV 01-04 (Hopfner) September 26, 200 I Page 2 ANALYSIS: ------- -nepaftment-ReViews an ii-Comments: --- -. -------- n_ -------.- ---- _.- --- ----------- - ------- --------- ------ ------. The Public Works Department had the following comments: 1. It appears that there are no underground utilities affected by this request. Both water and sanitary sewer are adjacent or in Peabody Street. 2. Public Works has no objections to this request as long as we can maintain a 70' right of way, measured from the east curb line of Peabody Street. 3. The exchange of30' right of way along Hillcrest Ave for 30' along Peabody Street will allow for future road and utility improvements. The Fire Department and the Police Department have no objections to the proposed street vacation. Community Development Department: Potential impacts from the proposal are summarized as follows: Traffic Patterns: As conditioned, traffic patterns on Peabody Street would not be affected by this vacation, and improvements for traffic on Hillcrest Drive could be made. Development Patterns: As conditioned, the low density residential development patterns in . the area will not be affected by the proposed vacation. Environmentally Sensitive Areas: The topography of the unopened Grace Street and Hillcrest Drive rights-of-way and the abutting properties slope from north to south and from east to west allowing stormwater runoff to go toward Old Mill Creek via Hillcrest Drive. Any future improvements to Hillcrest Drive would require storm water improvements to City standards and protect Old Mill and Valley Creeks. Public Health, Safety and Welfare: The vacation of the proposed rights-of-way will not interfere with the public's health, safety or welfare so long as conditions retaining necessary rights-of-way and utility easements, including future storm drainage facilities, are required. There is no development proposed in association with this street vacation; however, in the past sidewalk improvements have been recommended because Peabody Street is a designated school walking route. Absent a development proposal, it is recommended that a no-protest LID agreement be a condition of the street vacation approval. Public Interest: The Public Works Department expressed interest in exchange of the unneeded western 30 feet of the Grace Street right-of-way for the 30 feet north of the existing Hillcrest Drive right-of-way needed for future road and utility improvements. Since other properties in the vicinity of Peabody Street have also experienced this problem of unneeded right-of-way, clearing up the right-of-way issues is also in the public interest. Therefore, the proposal helps to resolve questions about rights-of-way needed as well as not needed for future road and utility improvements. . 155 -.--- . . 'l.~~~~'M:.~;').~'i;:f~~_"'-'~> '.~~~,:~<~:~~~!,- Community Development Department Statfr -.,rt . - - - . STV 01-04 (Hopfner) September 26, 2001 Page 3 Comprehensive Plan and Zoning Ordinance: - The subject -property is designafed as Low Density Residential, (LDR) on the Comprehensive Plan Land Use Map and Residential Single Family (RS-9) ) on the City's Zoning Map. All of the Comprehensive Plan was reviewed in consideration of the proposed street vacation, and the following goals and policies were found to be most relevant to the proposal: Land Use Goal B, Policy 1 - Urban services shall be available for all residential areas as required by the Capital Facilities Element concurrency policy. Goal B, Policy 3 - All residential developments should be designed with the provisions of fire protection and service vehicle access as key factors in street design and circulation pattern. For efficient circulation, rights-of-way should be obtained and improvements made to further the grid pattern of the City. Cul-de-sacs may be permitted when designed as an integral part of the major grid street pattern of the City. Transportation Goal A - To develop a coordinated, multimodal transportation system which serves all areas of the City and all types of users in a safe, economical, and efficient manner. Goal A, Policy 2 - The safety of nonmotorized modes of transportation should be a primary consideration in the circulation system. Adequate sidewalks, crosswalks, bicycle paths, and handicapped access should be provided. Goal A, Policy 3 - The collector arterial streets and local access streets should serve primarily local traffic with special emphasis on safety for pedestrian traffic. Goal B - To improve circulation patterns across and within the community. Goal B, Policy 11 - New arterial streets, local access streets, and alleys should be designed and constructed to conform to the Statewide National Functional Classification System for Federal Aid Systems, WSDOT, and Transportation Improvement Board minimum design standards and standards as adopted by the City. Goal B, Policy 12 - Arterial street rights-of-way should be acquired by the City in advance of the time of development in accordance with the Comprehensive Plan's Circulation Plan Map. Utilities and Public Services Goal D - To provide utility services in an efficient and cost-effective manner. Goal D, Policy 1 - Utility services should be designed for the maximum planned density and/or land use intensity of a given area as designated on the Comprehensive Plan Land Use Map. Goal D, Policy 5 - The City should promote the joint use of transportation rights-of-way and utility corridors. 156 Community Development Department Staff" -"ort STV 01-04 (Hopfuer) September 26, 200 I Page 4 Goal D, Policy 6 - The City should promote coordination between road construction and utility installation. . Capital Facilities Goal B - To provide urban streets and utilities at minimum levels of service for all city residents and the general public. Goal B, Policy 1 - All arterial streets shall function at an average daily level of service of D or better. Goal B, Policy 2 - Development on all arterial streets and any other streets identified as school walking routes shall include pedestrian sidewalks. The proposed street vacation in exchange for 30 feet of property abutting Hillcrest Drive to the north is consistent with the Comprehensive Plan goals, policies, and maps. The residential development pattern in this zone and vicinity will be enhanced, and the necessary rights-of-way will be retained for arterial street purposes and obtained for local access street and utility purposes in advance of new residential development in the area. Peabody Street is designated as a school walking route, and sidewalks should be planned at the time of development or LID formation. Environmental Review: The vacating of a street is categorically exempt from a SEP A threshold determination and Environmental Impact Statement requirements per Section 197-11-800 (2) (h) of the Washington Administrative Code which states "(2) Other minor new construction. The following types of construction shall be exempt. .. (h) The vacation of streets or roads." . PUBLIC COMMENTINOTIFICATION Per the required publication and notification procedures, the site was posted, and notice of the action was published in the Peninsula Daily News on September 7,2001. No comments were received during the publication and posting period. This action constitutes a recommendation to the City CounciL The City Council has scheduled a public hearing for consideration of the petition at its October 16,2001, regular meeting. StvOl04.wpd . 157 '~~'-';f.,I:\Y~:">&,\~i'~'L;llj')H:~'<;::'., -,. - ,:'~7r,i'.t,~,';t1:;~';}i~,i<;;:~::1~:;:~;'t~,~ ..i:c;~c.-S; ~j ~'.:.i CITY OF PORT ANGELES STREET VACATION PETITION . TO: The City Council of the City of Port Angeles, Washington- LOP ENf' 1. The undersigned petitioners request that the following described portion of ""R~ StreetJ~n the City of Port Angeles be vacated pursuant to Ch~pter 35.79 RCW (le~ally d c e the v.--Ei property requested/or vac. ationbelow). F4.~. hh~ 30~,~~ 4~ 4-~~4~~~~ . ~~-;%~. #~~k. ~~A-n/V~:?3J#b /~?/I ~ . f/ --q-;~ 30 '~- t: ~~-et) " 2. Eac o~dersigned petitioners is the~ of an interest in real estate abutting on the above described area. Come now the undersigned petitioners and pursuant to Chapter 35.79 3. -L persons own property abutting on said area. 4. The names and addresses of property owners abutting on said areas are as follows: Name Address pci~Afi!-(1 /JJ ~p>/2eR /~,~Cj'E 6~ oS!: ~~ T /)A-qe/~ 1tJ!9'8! / . 5. The undersigned petitioners constitute more than two thirds of the owners of said abutting property. , the petitio~ers ask that pr~ceedings be comme~ced.hereon for the vacation C . od\ Street/AUey-m the manner prescnbed In Chapter 35.79 RCW. Respectfully submitted, Name Address Phone $k'?~4~'0 1:1:3415b~~M4t~ b~%56.2 J'b"OY'6:? f/ . File No. SIV n 1-0 'f 158 CITY OF PORT ANGELES, 321 East Fifth Street, P.O. Box 1150, Port Angeles, WA 98362 (360) 417-4750 ~~. " , - -.... -..". - S 88000'41" E 194.15' EXISTING WOOD FENCE - APPROX. EDGE / OF LA~ -.I // PFWPOSfD VACA nON -/' (PORTION OF THE WEST HALF OF eLA TTED GRACE STREET (JO' WiDE STRIP. AREA"" 0,19 ACRES) HOPFNER PARCEL DESCRIBED IN VOLUME 333 OF DEEDS, PAGE 81. AREA = 1.34 ACRES ..... C11 '0 1 'I' I r ~ EXISTING POST ANO "'RE FENCE " I" /- F.ROF05E:D CRANT TO CITY // (30' "",.y!)[ 5 n~/F). AREA ;: 0.13 ACRES) /' ' ,.. '1~:--'<:"-.'c:~--~,u'7f:'~"",-';-~\"-'-'~-<-":~--~'-..-...-._~ ". "', " "', '. ..... ", ", ' ,,"" '. ", -"~-"" . '. '" " ..... " " " " ...., '. ", " ,,"0. ,,," ~""".,..""", ""'" "'.""" "\'.'" """ '"'-''' ",,", '-""" "......'"'., "'''''' ",", "'- ~ ~.~'"' '" " '. , ' " '" , " ", "'- ' ............ " ...... ' '. " '. , , . .' ......', -.. . ". ", "', "', "" 's 88.00'41" [. "1" A"""' '"', ,",', ' . ,.~." "'\," " '. tI'LLCREST DRIVE " n_.._........_"~._._. .._.....__._.__..__..._....u... u'. i I / I I I I I I I I I I I I I f J """' 8 cj :$ ~ ~ (/) ~ w e s EXISTING CURB LINE ..... tj s: (/) )... 8 Q) L5 Q CENTERLINE OF PEABODY STREET AS BUlL T CENTERLINE OF GRACE STREET PER PLA T OF H. MAOUIRE'S ADDITION . . i:P~;-\"-c<::~ !~.",._,'- :"tT~;'::;~;~:;jlJ''''f ~ORTA.NGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO CITY MANAGER'S CALENDAR / REPORT October 16, 2001 Gateway Committee Special Meeting Tuesday, October 16 1 :00 p.m. City Council Meeting Tuesday, October 16 6:00 p.m. Lodging Tax Advisory Committee Meeting Wednesday, October 17 2:00 p.m. Parks, Recreation & Beautification Committee Meeting Thursday, October 18 7 :00 p.m. Annexation Focus Meeting - Roosevelt Middle School Library Thursday, October 18 7 - 9 p.m. (Public Works & Utilities services, LIDs, etc.) . Port / City Joint Meeting in City Council Chamber Wednesday, October 24 6:30 p.m. Planning Commission Meeting Wednesday, October 24 7:00p.m. Gateway Project Meeting City Council Meeting Annexation Outreach Meeting - Roosevelt Middle School library Victoria, B.C. - City of Port Angeles Joint Meeting Veteran's Day Holiday UAC / PA Works! Joint Meeting Real Estate Committee Meeting Law Enforcement Advisory Board Meeting Planning Commission Meeting Parks, Recreation & Beautification Committee Meeting Peninsula Regional Transportation Planning Organization Thursday, November 1 8:15 a.m. Tuesday, November 6 6:00 p.m. Thursday, November 8 7 - 9 p.m. Friday, November 9 11 - 2 approx. Monday, November 12 Closed Tuesday, November 13 3 :00 p.m. Tuesday, November 13 5:30 p.m. Wednesday, November 14 6:30 p.m. Wednesday, November 14 7:00 p.m. Thursday, November 15 7:00 p.m. Friday, November 16 tba . 160 . . . 161 . . . DATE: To: FROM: SUBJECT: FORTANGELES WAS H I N G T. 0 N, U. S. A. CITY COUNCIL MEMO OCTOBER 16,2001 / MAYOR DOYLE AND CITY COUNCIL U YVONNE ZIOMKOWSKI, FINANCE DIRECTOR\l ~ KAREN ASQUITH, ACCOUNTING MANAGER ~ / GASB 34 OVERVIEW In June 1999, the Government Accounting Standards Board (GASB) issued a new pronouncement, which established a new framework or "reporting model" for the state and local government financial reports. This is the biggest change in the history of public sector accounting. We are required to implement this model for the fiscal year ended December 31,2002. What are the Changes and New Features? Government-wide financial reporting (Statement of New Assets and Statement of Activities. Additional long-term focus for governmental (i.e. tax supported) activities. Narrative introductory overview and analysis (called Management's Discussion and Analysis). Information on major individual funds. Expanded budgetary reporting. Infrastructure reporting, which is the most controversial feature of the new model. . . . . . . For the first time, general government capital assets, including infrastructure and depreciation, and general government long-term debt will be included as part of the Statement of Net Assets. The Statement of Activities will utilize a new cost approach to allow the user to determine the extend to which the various government functions are supported by program revenues. Management's Discussion and Analysis will provide an analysis of the government's overall financial position and results of operations to assist users in assessing whether that financial position has improved or deteriorated as a result of the year's activities. The main purpose of a new model is to demonstrate fiscal and operational accountability to the elected officials and stakeholders. 162 . GASS 34 The New Reporting Model t~t. -'\. 1'""''''' r", ......... ..""'. ....~ J..t~ ;:;} 0 .,,:i 4' . ....r ~~. :::.' ~\~. ~ :;~ \.:; , ~-:; ~,~'.: ;_..~. :"',:~-;-: 1"~~J ~'. ~ C;:.~(~; ,:'fP' ....The _,__._, ._.,,' ._.''''__ "''''_'''' ._...__............... ___, ..._._.... _......._- ........- GOVERNMENT ACCOUNTING STANDARDS BOARD -'---'-oescnDesgenel"~m~nicceptea "~fcco-.:Jn'fihg--'--'-' I principles for state and local.governments. ~, ., . , ~:. / ~ {';~ ~ <:. .:f.), '~~ \:~ '..:' ""'J ~;.;'~ ~~.. ". ....po, ~. . " ~~~~~~~~:;~~~~;i~1~~;:~:z~.~~~Wd . L..-. -- I . ... ..~,~;. ~2:.\::i.G:,';~L:;lit[)~~:.1~~~~.0J ~R;r:!;i:;i.7~2:.(!j}~\E.t~~~~:.~~~'~~f.~}iQ I I 1 '. GASB 34 The New Reporting Model . . The . . GOVERNMENT ACCOUNTING STANDARDS BOARD Describes generally accepted accounting principles for state and local governments. / "\/ 1 . . Issued in June 1999 . Establishes a new framework or "reporting model" for state and local government financial reports / . Biggest change in the history of public sector accounting . Implementation required for the fiscal year ended December 31,2002 . . . Focus on Major Funds . New Government,;,Wide Financial Reporting . New Management. Discussion & Analysis / . Expanded Budgetary Reporting . Infrastructure Reporting Required 2 '. o Short term focus on resource allocation and compliance. '. o Provides. infor:mation ~nlyfor fu.nd or fund type. ,. / o Fails to examine Io'ng-term effects of current period transactions . o Lacks summ~ryinforTT)ation ab?ut the g~vernme,nt as a whole . . The new reporting model will demonstrate both fiscal accountabilitv and operational accountabilitv -Shift in focus to major individual funds -Shift in focus to individual fund budgets -Inch,isionof original budget -Government-wide statements -Expanded focus for governmental activities - Presentation of cost data / -Narrative overview and analysis 3 . Govemment-Wide Financial Statements Fund Financial Statements Notes to Financial Statements Required Supplementary Information . Two Sets of Statements . GovernmentWide . Financial Statements . Entirely new statements for . government: -+ Statement of Net Assets -+ Statement of Activities . . Fund Financial Statements . Retain the content of the old reporting model . New format with emphasis on "Major Funds" ,;' /' 4 . . . o STATEMENT OF NET ASSETS [J Reports all assets and liabilities . 0 Both financial and capital assets o Both current and long-term' liabilities o STATEMENT OF ACTIVITIES [J Reports all 'changes in government-wide net assets [J Service focus rather than revenue focus' [J Net cost format demonstrates degree to which an activity is self-financing o Governmental Activities o Business-type , Activities [J Tax Supported [J Program Revenues not expected to cover expenses [J At least partially supported by fees and charges [J Program revenues expected to cover all or a significant portion of . program expenses 5 . The Statement of Net Assets will. now include o The value of all governmental capital assets o The value of all governmentalinfrastr~cture o The associated accumulated depreciation o The outstanding principal. balances of all governmental long-term debt. . . D MANAGEMENT'S DISCUSSION & ANALYSIS o Should introduce the basic financial statements and provide an analytical overview'of the government's financial activities D BUDGETARY COMPARISON SCHEDULES o Comparing the original budget to the final amended' budget and tDefinaJ amended budget to actual amounts 6 . . . 7 . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 September 12, 2001 7:00 p.m. ROLL CALL Members Present: Bob Philpott, Fred Norton, Linda Nutter, Chuck Schramm, Rick Porter Members Excused: Mary Craver, Fred Hewins Staff Present: Sue Roberds, Stephanie W oolett Public Present: James Johnson, Ron Dimmel, Leslie Dimmel, Susan Gunderson, Dave Anstett, Steve Zenovic, Melinda Szatlocky, Tracy Hosselkus Commissioner Nutter extended thoughts and prayers to the victims and families involved in the New York tragedy. APPROVAL OF MINUTES Commissioner Philpott moved to approve the August 22, 2001 minutes. The motion was seconded by Commissioner Norton, and passed unanimously. Commissioners Nutter and Porter abstained from the vote due to absence at the meeting. PUBLIC HEARINGS: CONDITIONAL USE PERMIT - CUP 01-06 - ALPINE AUTO. 600 Block East First Street: A proposal to allow a truck transport parking use to be located in the Commercial Arterial zone. Commissioner Nutter read the speaker affirmation language and asked Commission members if there were any conflicts of interest or appearance of fairness concerns with the agenda item. Commissioner Schramm stated that he is a neighbor to the applicant and a friend to the opponents ofthe proposal. The applicant noted opposition to his remaining for the deliberation. Commissioner Schramm stepped down and removed himself from the room due to the appearance of fairness. Commissioner Nutter stated that she knows someone but didn't feel that would influence her vote. No member of the Commission or the audience opposed her presence. Planning Specialist Sue Roberds presented staffs report. She noted that the legal description for the subject property was stated by the applicant in error. The correct legal description was entered into the record as Lots 12 and 13, Block 21, Norman R. Smith's Subdivision. 170 Planning Commission Minutes September 12, 2001 Page 2 Commissioner Norton sought clarification of the information in staffs report indicating that . complaints were received by the Department but none were copied in the staff report. Ms. Roberds indicated that Mr. Collins authored the staff report and may have received phone calls rather than written comments. Without comments being written, they are not considered official and there is nothing to copy. Commissioner Norton requested that staff explain the contamination issue as noted in the staff report. Ms. Roberds explained that the site contains contamination from petroleum products from when the property was used as a gas station in the past. The contaminants are known to be at the northern edge of the site and may have traveled into the alley or further. A brief description of clean- up requirements by the State Department of Ecology (DOE) was provided by Ms. Roberds. James Johnson, 1030 East !JIh Street, spoke in favor of the proposal and clarified that the applicant's intent is to clean up the property per DOE standards while still being able to use the site for parking. Once the site is reclaimed and certified by DOE, the site could possibly be sold for a commercial use. Mr. Johnson indicated he spoke with surrounding property owners who have voiced no objections to the proposed parking use. In addition, Mr. Johnson clarified logistical issues regarding the off loading and storage of vehicles on the subject property as being similar to loading activities that occur in the City's rights-of-way. Egress onto First Street would not cause any unusual maneuvering as trucks would pull straight out into the closest lane of traffic. He recounted conversations with the City Engineer and Building Inspector regarding development standards that would need to be met, and stated that he spoke with Mr. Dimmel about any changes in his adjacent business use since the trucks have been removed. . Commissioner Philpott requested that Mr. Johnson further clarify the location and number of lanes necessary for the proposed trucking operation. Referencing the site map included with the application materials, Mr. Johnson indicated that only one lane, the closest lane to the proposed use, would be necessary for egress onto First Street. A driveway would probably be located on Lot 12, which is at the west portion of the site. Commissioner Porter asked Mr. Johnson to clarify how many transport trucks would be on site. Mr. Johnson responded that ille maximum would be three trucks. Auctions are conducted out of town and the trucks are dispatched to pick up auction purchases three times a week. Trucks leave late in the afternoon returning in the early morning hours with unloading as soon as possible at various dealerships the next morning. The trucks are then stored until next dispatched. Commissioner Norton sought to clarify statements made by Mr. Johnson regarding the proposed operation. Mr. Johnson indicated Mr. Norton's understanding was correct and clarified that the trucks would be entering from the alley and exiting onto First Street. Commissioner Porter inquired about the condition of the alley and any necessary improvements. Planning Specialist Roberds read the City Engineers' comments indicating that no improvements to the alley would be required but site improvements would be substantial. . In response to Commissioner Norton; Mr. Johnson confirmed that there may be contamination under 171 . . . ..'~:f}i!~~~.~~~~~~?*fi;;K!~t:~~~~'~1j~~~~:~""'; Planning Commission Minutes September 12,2001 Page 3 the alley. Commissioner Norton aSked where the applicant would move the trucking operation to subsequent to the sale of the property. Mr. Johnson indicated that Alpine Auto is looking at various properties around town. Commissioner Porter inquired as to the presence of oil tanks on the property, soil samples, and the extent of contamination. Mr. Johnson reported that no tanks exist on the property and the contamination is 8 to 10 feet deep. Ron Dimmel, 128 Diamond View Drive, owner of adjacent property to the east, indicated that he is not opposed to the storage of three trucks on the site. However, he raised a number of concerns including possible damage to his property from poor truck jockeying which has occurred in the past and storage of equipment other than trucks on the site. To minimize negative impacts to his property, Mr. Dimmel requested that the Commission consider a 50 foot setback from First Street. Mr. Dimmel indicated that he has worked with the applicant in the past in dealing with negative parking situations and the applicant has been cooperative. A number of photographs were provided for the record by Mr. Dimmel indicating disturbing visual concerns when trucks have used the site for the requested parking activity. He again reiterated that he is not in objection to the use by the applicant but wished to condition the use such that the activity would not be detrimental to his business. Referencing one of the submitted photographs depicting a truck extending over the sidewalk, Commissioner Norton asked Mr. Dimmel if the activity was an exception to the normal practices of Alpine Auto. Mr. Dimmel indicated that it was an exception to normal practices. Commissioner Norton sought to clarify the duration of time that trucks are parked on the lot. Mr. Dimmel responded that trucks are parked there regularly. Mr. Dimmel stated that he wishes to be a good neighbor but would like to be assured of better control over the activities adjacent to his property. Susan Gunderson, 801 East 1ph Street, executors of James Willit's estate, spoke in favor ofthe conditional use permit. Ms. Gunderson provided a brief history of the property including discussion of the contaminants present, and indicated that if the conditional use permit is approved Mr. Anstett will clean-up and improve the lots which will be a win-win situation for the neighbors and the general area. Sale of the site has been arduous as due to the contamination, conventional loans are not possible. The site would need to be purchased by a cash buyer and cleaned up. Dave Anstett, 416 West Lauridsen Boulevard, applicant, spoke in favor of the proposal and briefly stated his intent to purchase the property and for use as a parking area for the transport trucks, which is the only local business of its type. Mr. Anstett acknowledged that equipment other than trucks has been stored on the property in the past. Such activities will not occur in the future, however he noted that temporary storage of Evergreen Rental's overflow rental cars could occur on rare occasions. He is willing to work with the neighbors to minimize impacts to their properties and to satisfy their concerns and to significantly improve the property's aesthetics. Mr. Anstett noted that the subject property is ideal because of its proximity to the main business corridor. It is his intention to farm the contaminated soil on-site in the area of proposed landscaping until such time it is 172 Planning Commission Minutes September 12,2001 Page 4 considered free of contaminants. The parking use would certainly be compatible with that . reclamation activity. He would consider selling the property in the future when it is free of contamination for a more traditional business use. Mr. Anstett stated that he has no concerns with the improvements that would be required by Public Works and Utilities Department for use of the site as a parking lot. Commissioner Porter stated that the use appears clearly to be industrial nature, and asked why the activity is proposed in a commercial rather than industrial zone. Mr. Anstett stated that properties he owns in industrial areas are subject to vandalism and theft at a much higher rate than in the commercial zone. Commissioner Porter asked for clarification as to the location of and type of fence proposed. Mr. Anstett described types of fences being considered which included fencing with partial block and wrought iron or slatted cyclone fencing that would be located on the east and west sides of the property. There are no plans to fence the front (south) or rear (north) of the property. Commissioner Nutter expressed concerns about the growth of the business and the limited amount of space for the proposed activity based on the photographs, and asked if there are other reasons besides security for having this activity in a commercial zone. Mr. Anstett confirmed that security is the primary reason for the proposal and acknowledged that the business may outgrow the use of the lot. He repeated that after the lot is cleaned up, it may be sold for another use. Commissioner Nutter addressed the traffic impacts of the proposed use on Front Street and the First/Front Street alley to which Mr. Anstett responded that the trucks would operate only on auction days and that operation would be minimal. In addition, Mr. Anstett noted that there have not been any traffic concerns over the past year and one-half of operation. Commissioner Nutter continued to express concern regarding traffic impacts due to the maneuvering ability of the trucks as they travel from Albert Street to the site. Mr. Anstett explained that truck drivers are trained as to how to minimize or avoid traffic impacts. . Commissioner Norton continued to express confusion regarding the location of the contamination and the sequence of improvements, development, and clean-up. Mr. Anstett briefly explained that the contamination is located along the alley at the northeast comer of the site. The proposed site development is designed such that most of the contaminated area will be located underneath landscaped areas. Leslie Dimmel, 128 Diamond View Drive, clarified that the clean-up area is in the northwest comer ofthe property. . Ron Dimmel, 128 Diamond View Drive, asked that a fence not be too tall and requested that a setback be imposed for the sides as well as the front of the site. There being no further public testimony, Chair Nutter closed the public hearing. Commissioner Philpott stated that the use is industrial in nature and does not belong in the CA zone. . Commissioner Norton agreed 'Yith Commissioner Philpott, but also indicated that he doesn't like 173 . . . "",,,l'tW'\Y,,'\><\~"t';~.,;. 'i~< ;<e~~~~" ' -0- -__ Planning Commission Minutes September 12,2001 Page 5 to see land sit vacant and realizes it lias' severe devi~ldpment restrictions for normal development. Commissioner Porter expressed his appreciation for the applicant's interest in improving the property and noted that although he hates to see land sit vacant he concurs with Commissioner Philpott that this is an industrial use and is not suitable for the proposed location. Commissioner Nutter would like to see this property developed but is concerned that the activity may create a substantial traffic impact. It is an industrial use and is not suitable for the location. Commissioner Philpott moved to deny CUP 01-06, citing the following 12 findings and 6 conclusions: Findin~s : Based on the information provided in the Staff Report for CUP 01-06 dated September 12, 2001, including all information in the public record file, comments and testimony presented during the public hearing, and the Planning Commission discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. The conditional use permit application proposed by Alpine Auto, Inc. is located in the 600 Block of East First Street on lots legally described as Lots 12 and 13, Block 21, Norman R. Smith Subdivision, and currently zoned Commercial Arterial (CA). 2. The application states that the use would be a 24-hour per day operation to allow a transport trucking facility for large truck storage and loading/unloading of cars and small trucks for local car dealerships. 3. Currently Lots 12 and 13 are vacant and unimproved since the demolition of a derelict building previously located on the site. 4. Alpme Auto, Inc., has been using the vacant and unimproved site for sometime as a transport trucking facility in violation of the City's Zoning Code. Adjacent businesses have complained, and the applicant has removed the use and made application for conditional use permit approval. 5. The temporary use created traffic impacts, turning movement problems, and dirt and dust impacts particularly on adjacent permitted commercial activities including a pawn shop, gas station, and a chiropractic office. 6. Transportation facilities including transportation and freight terminals and off-street business parking structures and lots are not permitted uses except in industrial zones. 7. The subject property is located in the 600 Block East First Street mid block on Lots 12 and 13, Block 21, Norman R. Smith Subdivision between a Chevron gas station and the Port Angeles Pawn Shop. 174 Planning Commission Minutes September 12,2001 Page 6 8. The First/Front Street commercial corridor contains retail stores, professional medical offices, restaurants, car dealerships, auto service businesses, hardware/lumber stores, and residential uses. . 9. The Comprehensive Plan Map, GMA Goal A and Policy A.1.e., and Land Use Element Goals A, C, D, and H, and Policies A.1., A.2., D.1., E.3., H.3., and H.4., and Economic Development element Goal A and Policy A.S were found to be the most relevant. These goals and policies promote the location and retention of commercial uses and the compatibility of commercial uses with adjacent residential uses, as well as maintenance of a balanced and stable economy. The goals and policies also encourage separation of industrial uses from other commercial aI!d residential uses. 10. The Public Works Department indicated that the proposed use would have to pave parking areas, use only one driveway onto First Street, replace the sidewalk along First Street, and install a drainage catch basin with oil separator "T" and provide for connection to a future storm drain in the alley. 11. The public comment period for this application concluded on September 5, 2001. No public comments were received by that date. 12. The City's State Environmental Policy Act Responsible Official issued a Determination of Non Significance for the proposal per WAC 197-11-355 on September 6, 2001.. This threshold determination was based on the City's ability to require conditions for conditional use permit approval that could mitigate potential adverse impacts.. . . Conclusions: A. The proposed use is an industrial use that is permitted in the IL and III Zones and is not consistent with the intent of the Commercial Arterial Zone. B. While transportation facilities serve the entire City and need an arterial location, the scale, hours, and impacts of the proposed Alpine Auto, Inc. operation are not devoid of exterior nuisance factors such as noise, glare, air, water pollution, fire, and safety hazards on adjacent nonindustrial property and may have an exceptional demand on street capacity for required turning movements in this travel corridor which is the most heavily used roadway segment in the City. C. The storage lot for the transport trucking use would have tc be improved to City standards, including screening, pavement, sidewalk, driveway, turning movements, and storm drainage improvements, which would not be adequate to separate and buffer a 24-hours per day transport trucking facility at this location. D. The proposed transport trucking facility has the types of nuisances and impacts which would . not be conditioned to make it compatible with the intent of the CA Zone and other permitted CA land uses. 175 . . . Planning Commission Minutes September 12,2001 Page 7 E. The proposal is not consistent with the Comprehensive Plan, particularly the Comprehensive Plan Map, GMA Goal A and Policy A.I.e., and Land Use Element Goals A, C, D, and H, and Policies A.I., A.2., 0.1., E.3., H.3., and H.4., and Economic Development Element Goal A and Policy A.5 that encourage separation of industrial uses from other commercial and residential uses. F. The proposal is not in the public use and interest. Commissioner Norton seconded the motion, which passed 4-0. The Commission took a 5-minute break at 8:00 p.m. Commissioner Schramm returned to the meeting room. PUBLIC HEARING CONDITIONAL USE PERMIT - CUP 01-07 - Boys and Girls Club of the Olympic Peninsula. 2603 South Francis Street: A conditional use permit to allow the relocation/expansion of a boys and girls club within the Clallam County Housing Authority's housing site in the Residential Medium Density zone. Commissioner Nutter asked if Commission members had any conflicts of interest or appearance of fairness concerns with this agenda item. Commissioner Norton stated that he knows the applicant through a religious affiliation but doesn't think this will influence his vote. Commissioner Porter indicated that he knows Steve Zenovic and Tom Angier who is a member of the Board of Directors for the Boys and Girls Club, but doesn't feel that his relationship with these individuals will pose a problem. Commissioner Nutter reported that she is an employee of Peninsula College but has no financial interest in the proposal. No one from the audience or members of the Commission or audience objected to her remaining. Commissioner Porter also noted that he is a member of the Board of Directors for Healthy Families, an agency directly affected by the agenda proposal. There were no objections to Commissioner Porter remaining. Planning Specialist Roberds delivered the staff report. Commissioner Nutter requested that staff clarify the meaning of "shared parking" as stated in the staff report. Ms. Roberds responded that staff of the Boys and Girls Club could share the parking spaces with the Project's administrative staff located at the existing office site if the need arises. Staff shifts are scattered and there should not be a problem with the available parking. Some staff come from within the housing area. Chair Nutter opened the public hearing. Steve Zenovic, 519 South Peabody Street #4, briefly described the proposal and the need to expand the Boys and Girls Club facility since there are between 50 and 60 children who participate in the program each day. Mr. Zenovic stated that there are 8 part time and I full time staff member. Furthermore; parking will not pose a problem since the Adult Learning Center activities are scheduled to take place in the mornings. Mr. Zenovic spoke in favor of the proposal because the 176 Planning Commission Minutes S~temberI2.2001 Page 8 need is evident and the expanded program will be good for the community as a whole. . Melinda Szatlocky, 32 South Ridge Road, spoke in favor of the proposal stating that additional space is needed for the boys and girls club. The club currently serves the 120 children living in the area and the expanded facility will be able to serve the community at large. Additionally, having the college program on site will be more convenient for parents. Ms. Szatlocky indicated that additional parking is planned for spring, 2002. There being no further testimony, Chair Nutter closed the public hearing. Commissioner Porter spoke in support of the expanded activities. Commissioner Schramm moved to approve CUP 01-07, citing the following 2 conditions, 15 findings, and 5 conclusions: Conditions: 13. The 5 off-street parking spaces shown on the site plan submitted for CUP 01-07 located at 2602/04 South Francis Street shall be made available when needed for the expanded boys and girls club use. 14. The CUP is approved predicated on the 8 off-street parking spaces identified as proposed for spring of2002 on the site plan submitted for CUP 01-07 being constructed as proposed. Findings: . Based on the information provided in the Staff Report for CUP 0 1-07 dated September 12, 2001, including all information in the public record file, comments and testimony presented during the public hearing, and the Planning Commission discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. The applicant/owner of the property is the Housing Authority ofClallam County. 2. The entire Housing project area includes Area 4-4 of the Housing Authority of Clallam County Housing Project located at 2602-2658 Francis Street. 3. The request for a conditional use permit is to establish an adult learning center to train adults from within the housing area to enter the work force (GED, employment skills, computer skills, etc.), and to relocate and expand a boys and girls club (ages 6 - 18) use to a different location on the same site where it currently exists in the most southwestern section of the Housing area. . 4. The entire Housing area includes seven low-income residential four-plexes, a duplex, several single-family units, the Authority's office, a community room, maintenance facilities, and a Boys and Girls Club facility. . 5. The City does not have original building records for these buildings but photographic records indicate the majority of the buildings were built prior to the 1950s which, with the exception of the Boys and Girls CIl11 ~e, have been continuously used for the current . . . ';;, ";~\':~VJj~j PV!;\i,:ri'I~;, :'i:~':"l' 1,;,,:: '}'~_~~i:'~(:P:'~:r:i':,o,(;'''i~&.~;I:\\ " Planning Commission Minutes September 12.2001 Page 9 purpose of low-income housing. 6. A Boys and Girls Club use was originally approved for the site in 1998 in a duplex unit. The use was intended to serve youth from within the Housing area. . 7. A parking variance was approved f~r the housing site to 1.5 spaces per unit in 1999 based on the understanding that the Housing area is limited to low-income residents with limited resources who often do not own vehicles. It was believed that increased traffic from the boys and girls club use would be minimal as most of the users would reside in the Housing area. 8. The current proposal is to relocate and enlarge the boys and girls club on the same site to provide service to community youth rather than mainly those from within the Housing area. 9. The property is designated as Medium Density Residential in the City's Comprehensive Plan and is located in the City's South Central Planning Area. 10. The property is zoned RMD, Residential Medium Density. II. During several visits to the site during the review period, staff counted a total of 12 vehicles occupying the 27 spaces serving the subject area. 13. The Public W orkslUtilities, Fire, and Building Departments indicated they have no objections to this proposed relocation/expansion. 14. No public comment was received as a result ofthe legal publication which appeared in the Peninsula Daily News on August 22, 2001, or to the mailing to surrounding property owners. 15. A determination of nonsignificance was filed for this proposal on September 6, 2001, by the City's SEPA Responsible Official. 16. Parking for the activity should not create any additional impact to the site due to the recent improvement of 5 additional parking spaces at 2602/04 South Francis and the proposed addition of 8 new spaces directly north of the proposed structure in the spring of 2002. Conclusions: Based on information provided in the September 12,2001, Staff Report for CUP 01-07, (including all of its attachments), comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: G. As conditioned, the use is consistent with the intent of the City's Off-Street Parking Ordinance (Ordinance 1588, as amended). H. As conditioned, the use meets the spirit and intent of the RMD Zone in which the site is located, and with the goals and policies of the City's Comprehensive Plan, specifically Land Use Element Goal A, and Policy 2, 1t~ential Goals B, C, and Policy 1, Transportation Planning Commission Minutes September 12,2001 Page J 0 Element Goal B, and Policies 14 and 16, Utilities and Public Services Element Goal A, and . Economic Development Element Goal A, and Policy 8. I. The use is in the public interest and welfare. Commissioner Porter seconded the motion, which passed 4-0. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Staff reported that the position of Associate Planner was offered to Gary Park and he will start around the end of October. REPORTS OF COMMISSION MEMBERS Commissioner Schramm inquired about the possibility of crosswalks at the intersection of Francis Street and First Street, as well as at the intersection of Francis Street and Front Street. Ms. Roberds indicated that it may be difficult to stripe the areas as they are very close to two of the busiest intersections in town. Pedestrians could use the intersection at Race Street rather than attempting . to stop traffic at these locations. Commissioner Nutter questioned why trucks are allowed to park on Front Street. Planning Specialist Roberds reported that there are no provisions in the Port Angeles Municipal Code prohibiting truck or vehicle parking on the street. Following Ms. Roberds' explanation, Commissioner Nutter requested that a complaint be forwarded to the police chief that excessive parking of vehicles is occurring with vehicles for sale and the like. Commissioner Schramm reported that piling are being removed from the Harbor along Ediz Hook, near the ferry dock, and by the Rayonier A-frame dock. Ms. Roberds indicated that Black Ball has a permit for remodeling the ferry dock, so the piling removal activities near the ferry terminal may be associated with the remodel. A recent permit was issued to Rayonier for work on the pier. She was not sure about the work along Ediz Hook. Commissioner Nutter asked if Commissioner Schramm was contacted about serving on the Police Advisory Committee. Mr. Schramm indicated that he has been contacted and the first meeting will be in October. Commissioner Porter inquired about the possibility of placing a stop light at the intersection of Fourth Street and Lincoln Street. Ms. Roberds stated she didn't think it would be possible due to the limited distance between that intersection and the Fifth Street interchange. She will check with the Engineering Division and attempt to provide the Commission with criteria for stop light intersections. . 179 . . . \j~F:V:,'b~~~~'r!'t7},lf~,:~r::>1~,,:'< '- "~"\it:"'~:~~~)~~.~';_~li11f:~~ Planning Commission Minutes September 12.2001 Page II Commissioner Philpott agreed with Commissioner Schramm about the difficulty of crossing First Street due to high traffic volume. Commissioner Schramm reported that the reason he has requested crosswalks at Francis Street is because several groups of children from day care activities as well as other pedestrian traffic crosses Front and First Streets daily as they make their way to the City's Francis Street Waterfront Park. Commissioner Norton reported that oncoming traffic in both lanes frequently fails to yield to pedestrians even when one car stops to allow pedestrian crossing. Commissioner Nutter expressed her thanks to Commissioner Schramm for acting as Chair in her absence. ADJOURNMENT The meeting adjourned at 8:55 p.m. Linda Nutter, Chair 180 . . . 181 I- I . . . "'i ,.". ^', I;' ,~~/,,: ;, ";' -l:).',':~,l ',' f~;~"f":~,~~:' MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 September 26, 2001 7:00 p.m. ROLL CALL Members Present: Bob Philpott, Fred Norton, Linda Nutter, Chuck Schramm, Fred Hewins Members Excused: Mary Craver, Rick Porter Staff Present: Brad Collins Public Present: None APPROVAL OF MINUTES Commissioner Norton asked for a clarification to the Planning Commission September 12, 2001, minutes on page 7 combining the last and third to last sentences in the first paragraph under CUP 01-07. Commissioner Schramm corrected a clerical error by deleting the word "to" in the first sentence on page 3, stated he would need to abstain on the first part of the minutes since he was not in attendance for the first item of the September 12 meeting, and noted a correction to the spelling of James Willis' name. Chair Nutter corrected a clerical error by adding a semicolon and deleting the word "as" in the third sentence in paragraph 6 on page 3 and noted a change from Albert to Front Street in paragraph 5 on page 4. Commissioner Norton moved to approve the September 12, 2001, minutes as corrected. The motion was seconded by Commissioner Philpott, and passed unanimously, with Commissioner Schramm abstaining from the vote on the minutes regarding CUP 01-06, due to absence for that particular item at the meeting, and Commissioner Hewins abstaining due to absence at that meeting. PUBLIC HEARINGS: STREET VACATION PETITION - STY 01-04 - HOPFNER. Portion of Grace Street: Request for vacation of 30 feet of Grace Street abutting Tax Parcel 1786 in H Maguire's Addition to the Townsite of Port Angeles. Community Development Director Brad Collins presented staffs report. He noted that the map shows the confusion of the old platted Grace Street and the actual Peabody Street improvement and that the southerly 30 feet of Grace Street is not proposed for vacation because it needs to be dedicated to connect Hillcrest Drive to Peabody Street. Commissioner Schramm asked why not vacate all of the Grace Street unopened right-of-way that is not needed for the 70 feet of Peabody Street right-of-way and place the property back on the tax rolls. Director Collins stated it is possible that would be done at the time improvements to the right- 182 Planning Commission Minutes September 26,2001 Page 2 of-way are made. At this time it would require additional costs to survey the right-of-way line, and . neither the City nor the applicant would like to incur those additional costs. Commissioner Schramm was concerned that the applicant may have to buy the right-of-way that could be obtained simply by swapping now. He felt a survey could be avoided by rewriting the conditions to say that the applicant's property would be from 70 feet from the east side of Peabody Street. Director Collins agreed that Condition 2 could be relied upon and that Condition 3 could be rewritten to say that the applicant shall exchange the 30 feet abutting Hillcrest Drive for the unopened Grace Street right-of-way with the exception of the 70 feet of right-of-way for Peabody Street. However, the concerns about the legal arguments over vacating unopened right-of-way then may need to be addressed. Commissioner Hewins disagreed with Commissioner Schramm's assessment because we do not know where the Peabody Street right-of-way is. Director Collins said that we know that the Peabody Street improvements are not properly within the right-of-way, and this raises the legal question - did the City basically move the right-of-way to the east where the street is (like an adverse possession). Commissioner Hewins asked about whether there is a Grace Street any more. Director Collins said that the answer is yes and that the City has vacated unopened right-of-way on a case by case basis, mostly to the north, although this particular property is undeveloped and it is important to obtain this right-of-way before development occurs. Commissioner Hewins asked whether the applicant-has made any comments to the staff regarding the conditions. Director Collins said no comments have been made. . Commissioner Philpott sought clarification of the south 30 feet of Grace Street that would become part of the 30 feet of Tax Lot 1786 that would be dedicated to Hillcrest Drive in the exchange. Director Collins pointed out that the primary reason for the street vacation petition and exchange is to clear title both to the applicant's property and to the rights-of-way, which is the public interest as well as the applicant's private interest. Chair Nutter opened the public hearing. There was no public testimony. There being no public testimony, Chair Nutter closed the public hearing. Commissioner Hewins asked if the no-protest LID agreement could force the applicant to have his own local improvement district or join an LID for other improvements. Director Collins said that the City would not force the formation of a single property LID, since the improvements could be required if the property develops, and that the record shows the no-protest agreement only applies to sidewalk improvements. Commissioner Schramm asked if the stormwater drainage improvements would be required if development occurs. Director Collins answered yes. . 183 . . . ._t~~~,i.": ,;~~1lI1"'~':' Planning Commission Minutes September 26,2001 Page 3 . . Commissioner Philpott moved to r~commend approvai'STV 01-04 to the City Council, citing the following 4 conditions, 13 findings, and 9 conclusions: Conditions: 1. The vacation is for only the westerly 30 feet of the Grace Street unopened right-of-way, except the south 30 feet, abutting Tax Lot 1786, H. Maguire's Addition to the Townsite of Port Angeles. 2. The City shall retain 70 feet of right-of-way west of the east curb line of Peabody Street. 3. The applicant shall exchange the 30 feet of property abutting the north side of Hillcrest Drive to the City for the westerly 30 feet of unopened Grace Street, except for the south 30 feet, which shall be dedicated as part of Hillcrest Drive. 4. The applicant shall sign a no-protest Local Improvement District agreement for the installation to City standards of a sidewalk on Peabody (Grace) Street right-of-way abutting Tax Lot 1786, H. Maguire's Addition to TPA. Findings: Based on the information provided in the Staff Report for STY 01-04 dated September 26, 2001, including all information in the public record file, comments and testimony presented during the public hearing, and the Planning Commission discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. A petition for vacation of right-of-way was submitted by Edward A. Hopfner on August 10,2001. 2. The proposed street vacation is for a portion of Grace Street abutting Tax Lot 1786 in H. Maguire's Addition to the Townsite of Port Angeles as shown on the map in Attachment C to the DCD Staff Report of September 26,2001 3. The purpose ofthe street vacation is to clear title to Mr. Hopfner's property and to exchange unneeded right-of-way for needed right-of-way at the comer of Grace (Peabody) Street and Hillcrest Drive. 4. Peabody Street is an arterial street on the City's Circulation Plan Map and is a school walking route. 5. The Public Works Department had the following comments: a) It appears that there are no underground utilities affected by this request. Both water and sanitary sewer are adjacent or in Peabody Street. 184 Planning Commission Minutes September 26,2001 Page 4 c) Public Works has no objections to this request as long as we can maintain a 70' right of way, measured from the east curb line of Peabody Street. The exchange of30' right of way along Hillcrest Ave for 30' along Peabody Street will allow for future road and utility improvements. . b) 6. The Fire Department and the Police Department have no objections to the proposed street vacation. 7. The topography of the unopened Grace Street and Hillcrest Drive rights-of-way and the abutting properties slope from north to south and from east to west allowing stormwater runoff to go toward Old Mill Creek via Hillcrest Drive. 8. There is no development proposed in association with this street vacation; however, in the past sidewalk improvements have been recommended because Peabody Street is a designated school walking route. 9. The subject property is designated as Low Density Residential (LDR) on the Comprehensive Plan Land Use Map and Residential Single Family (RS-9) ) on the City's Zoning Map. 10. The Community Development Department found the proposed street vacation as conditioned to be consistent with the Comprehensive Plan goals, policies, and maps. . 11. The vacating of a street is categorically exempt from a SEP A threshold determination and Environmental Impact Statement requirements per Section 197-11-800 (2) (h) of the Washington Administrative Code which states "(2) Other minor new construction. The following types of construction shall be exempt. . . (h) The vacation of streets or roads." 12. Per the required publication and notification procedures, the site was posted, and notice ofthe action was published in the Peninsula Daily News on August 10,2001, and no public comments were received during the publication and posting period. 13. This action constitutes a recommendation to the City Council, who have scheduled a public hearing for consideration of the petition at its October 16, 2001, regular meeting. Conclusions: Based on the information provided in the Staff Report for STY 01-04 dated September 26, 2001, including all information in the public record file, comments and testimony presented during the public hearing, and the Planning Commission discussion and deliberation, the City of Port Angeles Planning Commission hereby concludes that: . 185 . . . "~,c".,,.;.. ""\'~'~"~~"~~~~;F; ,~'tt~~~:~Fr!~-J:~W<'~~ Planning Commission Minutes September 26, 2001 Page 5 A. As conditioned, traffic patterns on Peabody Street would not be affected by this vacation, and improvements for traffic on Hillcrest Drive could be made. B. As conditioned, the low density residential development patterns in the area will not be affected by the proposed vacation. C. Any future improvements to Hillcrest Drive would require stormwater improvements to City standards and protect Old Mill and Valley Creeks. D. The vacation ofthe proposed rights-of-way will not interfere with the public's health, safety or welfare so long as conditions retaining necessary rights-of-way and utility easements, including future storm drainage facilities, are required. E. The proposal helps to resolve questions about rights-of-way needed as well as not needed for future road and utility improvements. F. The proposal is consistent with the goals and policies of the City's Comprehensive Plan, specifically the following Comprehensive Plan policies have been found to be most relevant to the proposal: Land Use Policies B.I and B.3, Transportation Goal A, Policies A.2 and A.3, Goal B, Policies B.II and B.12, Utilities and Public Services Goal D, Policies D.I, D.S, arid D.6, and Capital Facilities Goal B, Policies B.I and B.2. G. The residential development pattern in this zone and vicinity will be enhanced, and the necessary rights-of-way will be retained for arterial street purposes and obtained for local access street and utility purposes in advance of new residential development in the area. H. Peabody Street is designated as a school walking route, and sidewalks should be planned at the time of developm~nt or LID formation. 1. As conditioned, the street vacation and the right-of-way exchange are in the public interest. Commissioner Hewins seconded the motion, which passed 5-0~ Director Collins indicated that Commissioner Schramm's concerns would be noted in the minutes and that the City Council could address them should they choose to do so. In response to Commissioner Philpott, Director Collins said the Peabody Street right-of-way and the unopened Grace Street right-of-way merge and do not leave a gap of private property between them as shown on the map, since the Peabody Street improvement and not the right-of-way is shown. 186 Planning Commission Minutes September 26.2001 Page 6 COMMUNICATIONS FROM THE PUBLIC . None STAFF REPORTS Director Collins reported the proposed promot~on of Sue to an Assistant Planner position and an update on the decision of the applicant for the Associate Planner position. We may need to hire temporary staff to assist Sue and Brad. REPORTS OF COMMISSION MEMBERS Chair Nutter noted the City's web page needs updating. She also pointed out the Traffic Committee was trying to coordinate trail signs. Director Collins said there are several names for the trail at various locations. Commissioner Schramm was curious about pedestrian access to Francis St. Park and a crosswalk at Francis Street across Front and First Streets from the YMCA and City Parks to the Waterfront Trail and Francis St. Park. He suggested marking/painting the crosswalks for better safety, and Commissioner Philpott agreed. Director Collins said he would pass the concerns on to the Public Works and Parks and Recreation Departments. Commissioner Philpott said 8th Street improvements are getting worse. Paving of Lauridsen Blvd . and Edgewood Drive "S" curve also a problem. Commissioners should talk directly with the City Engineer to get answers. Director Collins confirmed the cutoff pilings that Commissioner Schramm had identified early and we are still trying to figure out how to address this problem. The Rayonier/K-Ply dock out on the spit is going to collapse. Director Collins will get notice about the old A-frame dock to the Port. ADJOURNMENT The meeting adjourned at 7:55 p.m. Brad Collins, Secretary Linda Nutter, Chair . 187 . . . ,.,. ;,,';';:,i,~I:-> ,;,,";;-,:>.. .c _::(' ~~1~J:H:'::;~'[:N~~~~ CITY OF PORT ANGELES HOTEUMOTEL GRANT THIRD QUARTER REPORT JULY 1-SEPTEMBER 30, 2001 We, at the Port Angeles Parks & Recreation Department, have been very busy during the third quarter of 2001 with recreational activities that have brought additional tourists to Port Angeles. In keeping with our goal to impact tourism through the promotion and hosting of recreational events, we respectfully submit our Third Quarter Report. During the third quarter of 2001, Hotel/Motel Grant Funds helped make possible two adult softqall tournaments, three youth baseball tournaments, one youth basketball tournament, and one youth soccer tournament. The two softball tourneys, one for men's teams and one for coed teams, attracted a total of 19 teams from out-of-town. The Jeff Larson Invite, held July 28-29, brought a total of 10 men's teams here to play softball. The Captain T's T-Shirts tourney attracted 9 teams from out of town, including 4 from Victoria,B.C. The first baseball tournament was the the Cal Ripken North Washington State Championships, July 12-17, and had seventeen out-of-town teams participate. The North Washington State Championship for 14-Year-Olds was also held in July, and brought 8 teams to town to participate. I The third baseball tournament was for 10, 11, and 12-year-old teams on August 11-12, and attracted 20 teams from out-of-town. The basketball tourney, the Seven Cedars Shootout on July 14-15, was for high school age boys' teams, and included 12 teams from out of the area. The Pazazz soccer tournament, held August 4-5 for boys and girls' teams from age 9 to age 16, attracted 31 teams, of which 24 were from out-of-town. In summary, the seven events that were hosted in Port Angeles in the third quarter attracted 100 softball, baseball, basketball, and soccer teams to town spending one, two, or three nights in town. The Event Coordinator position also provided some support for Jettin' the Straights and Circus Chimera, and a lot of logistical help for The Big Hurt. 188 . . . 189 . THE CITY OF ~If;~ JDl~'paf'.~'~1Jt . ~' "b;r 'e'" ~ 0," \' ..,,#~'~'" ,"" h e,~, '~"'''-, "', 'f"" '"0':<", .,,"'0', ' ~. , ~" ..,;/' , '. ,.j> 'i ., ," , ",W ''''',~ ~".,)i ~~\Y~A;'~' r ~ A")~ "" -<<t~~~ ~i j';,'1""~~l#\fW ~} '.' (g;~Cf iA;'~" G"i" ; "",""", ",&;J "'W . ~,,; ~', ,." ~x , ~' ['I '" ~ ~,'0 "0 d. f .. ,..-,. !.I' ,', ~~i;'}~' pO ~&' . I." ':.Gl t 1 ''-:'''' ;t'le;;.. ':o$l!' . _, . . ~1~OllT/rANG \~~~ ,'91;,[" ~('~~<s~" , . ,....",....... . '<' . '.~ 190 . . . 191 . 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. ~ A resident in the 1200 block of East 2nd Street reported the theft of three expensive bicycles from his garage sometime during the night. Taken from the garage was a Cannondale, an Airborne, and a Multisport, which had an estimated combined value of $8,300. Each bike also had extensive custom work and parts. · Acting on a report from the Teen Scene, police learned that a 20- year old male, who was working as the D.J. for a Teen Scene dance, had engaged in sexual intercourse with a 13-year old female he met at the dance. After interviewing both the victim and the suspect, Corporal Kevin Miller arrested and booked the suspect into the Clallam County Corrections Facility for Rape of a Child in the Second Degree. . . Detective Jesse Winfield was driving in the 1000 block of East 2nd St. (only two blocks from the reported burglary) and noted a subject walking with a bicycle matching the description of one of the stolen bikes. Detective Winfield stopped and spoke with the suspect who made statements implicating himself in the burglary. The 54- year old male was taken into custody. He also led police to the location of a second bike taken in the burglary, in a brushy location close to the crime scene. A search warrant was obtained for the suspects home where officers had to force entry door when the suspect's room-mate refused to open the door. Upon entering the home officers found the last of the three stolen bikes as well as another bicycle which had been stolen from another location. The suspects room-mate, a 40-year old male, was located 'hiding in one of the back bedrooms and was also arrested for possession of the stolen property. In addition to the four bikes, with a combined value of $9,300, police also recovered power tools and other items taken in the burglary along with several pieces of drug paraphernalia. . 192 . Officer Bergeron of the Port Angeles Police Department was on routine patrol when he observed a vehicle matching the description of the stolen car, in the area of Marine Drive and Valley Street. A quick computer check of the license plate confirmed that it was indeed a stolen car. Officers converged on the vehicle, conducted a high risk traffic stop, and took the driver, a 47-year old male and his 40-year old female passenger, into custody. The male was booked into jail for being in possession of a stolen vehicle. The female was interviewed and released. . The Police Department received a complaint from a 16-year teen alleging rape and drug violations. The young woman advised police she was taken to a residence on the west side of Port Angeles where she was provided alcohol and drugs until she was incapacitated, at which time she was sexually assaulted. Detectives conducting the investigation arrested a 19-year old male and booked him on one charge of Rape in the Second Degree and Unlawful Delivery of Marijuana. Since the initial complaint, several other Continued on page 2 teenaged women have come forward with similar allegations. . Officer Jason Viada stopped a 39-year old male for driving with a suspended license. Upon being taken into custody, four separate bindles containing a white chunky type substance were found in his possession. The contents of the bindles field tested positive for cocaine. A total of 2.7 grams of "crack" were found. The man was booked and the charges referred to the prosecutor's office. . Sergeant Eric Kovatch and Detective Winfield were conducting a search for a wanted felon from Oregon who was reported to be in our area. While following up leads, they went to a room at the Port Side Inn. Upon knocking, a female opened the door and officers observed many items of drug paraphernalia inside the room. The two occupants in the room, a 27-year old female and a 19,.year old male, were immediately arrested. The room was secured and a search warrant was obtained. While waiting for the warrant, a third occupant of the room arrived carrying a black bag. This 28-year old man was found to have two misdemeanor warrants issued for his arrest from two previous driver's license violations. A search of the black bag revealed approximately an ounce of methamphetamine with a street value of $500 to $700.. After securing a search warrant, police found numerous items used to consume illicit drugs, equipment which could be used in the manufacturing of methamphetamine, and a small amount of cash and drugs. All of these items were seized by police as was a 1986 GMC pickup truck used by the suspects. All three suspects were booked on charges of possession and distribution of methamphetamine and the case has been referred to the prosecutor's office. The .~~~ . b~<-~}--~~: - _ ' ::~' , . ... , I. ~"'L '~L- fJ:. .,- ~.... '..... 1 .~\!1. ,'. '.', , '''~~ ~ '.',,~..., '" . , ,... : ", , . .: , ' i:f..!:;., " I.,.,;; ',1, ,'" ~ t' ~,.'<<;>" -;. (;.~. '. '. ; ":'i- . ~.~. ~."> \;. I '.,-' ""'-'I~~ '.t"~ '. " .........":;.,,,,. _"" :. ) . I':r~:(;~s . Sergeant Erick Kovatch during this months pistol qualification. fugitive from Oregon was not located at the time but was arrested in the downtown area a few days later and taken into custody. . Detective Jesse Winfield was on his way to work, approaching the east city limits, when he observed a green Dodge pickup truck driving in the opposite direction. The truck was being driven by a 27-year old known drug dealer. The male had a current warrant issued for his arrest for driving with a suspended license. Detective Winfield began to follow the suspect until Clallam County Deputy Tom Reyes was able to stop the truck on the Old Olympic Highway. A second vehicle, a gold colored Honda, had also been following the truck. As the deputy pulled over the pickup, the Honda stopped as well. The driver of the Honda was another 27-year old male, who also had an outstanding arrest warrant for driving with a suspended driver's license. Continued on page 3 . 1/ Nl~ Our police dep~rtment Senior ME Volunteers prOVIded 80 hours of service during the month. Most of this was dedicated to the,Big Hurt, K-9 Seminar, sex offender notifications, office work, vacation house checks, radar/speed watch, and other services. . 2 193 . . . ";~;Il!;'~~ 't~t:'f. Both men were arrested and a search of their vehicles was conducted incident to. the arrests. In the truck, Deputy Reyes located a white thermos bottle with approximately a quarter ounce of a white powdery substance and a similar amount of a dark sticky lump. These field tested positive for methamphetamine and tar heroin. A set of electronic scales and other drug paraphernalia was found inside the Honda. A 24-year old female passenger riding in the truck was also taken into custody. All three are local county residents and were taken to the jail, where more heroin and methamphetamine was found concealed under one male's clothing. .. This month the Port Angeles Police Department sponsored the Washington State K-9 Association's fall seminar. The seminar brought approximately 80 dog teams from the Pacific Northwest to Port Angeles for training. "'$;~~1t,..:.Jil\'ll',~, > '-~"';+'~'5~&ti-~if"" J'- ':.< )!. :~;~\"':~);;";-:_'r: A police dog engaging a full protected suspect dur- ing the K-9 Association fall seminar. Training Hours for the Current Month Course : Hours dministration - - . --. .~- - ._.----~_.._,~~-_._.._---_.- gency Administration-first half 24 mplementing Ergonomics for Employers 4 2 2 'ENCOM icrosoft Outlook omCare Alliance video .5 1.75 46 16 34 onthlyTotal ear-to-Date Trainin 96 1329.5 3 , 194 CRIME PREVENTION Corporal Jack Lowell Investie:ation: . Burglary Investigation-search warrant . Rape II Investigation - search warrant . Drug Investigation - search warrant . Background checks on prospective employees. . Follow up investigations on earlier cases Crime Prevention: . Two new Crime Stoppers profiles . DUI Task Force Meeting . Kiwanis meeting . Three Fax Alerts Miscellaneous: . Monthly report . Office Of Community Development Grant. VERTIME HOURS 10 -08 -0 I) A ctlv ily C a lib a c k Com m illees and M eelings CourtTime OAR E. School Resource 0 fficer. School Palrol Paid Details (oulside funding) H 0 I id a y In Custody A rresls Investigations/D omestic Violence. Warrants Report W riling Shifl Coverage Training and Travel T w e Iv e H 0 u r Rule Miscellaneous. To ta I Percent of Scheduled Work Hours Hours o 9 9 o 16 o 17 20.5 22 I 1 3 .5 o o 6.5 213.5 -Range. K.9 Training. OUI Emphasis. Firearms Instruction, Special Events 5.4 e;. 4 195 . . . . . . ;~, 'f;?j!jff,:;F21U:;~:\j;~ \; f~:';;;i':.:~:F.:~>c-~';'X~:'" 2;',~~ . PENCOM ACTIVITY PAPD CFS FOR 2001 1741 14827 10 Month 1!12001 I -: ->,..,-' . DISPATCHES FOR PAPD 1649 '1...., : /' j' ! , . , . / I " . ,h' ~-..:......-::/" 13919 I 0 Month I!J 2001 I COUNTYWIDE 911 CALLS 2400 21099 I 0 Month 1!1200 1 I ENFORCEMENT ACTIVITY 2001 ARRESTS 242 88 o 18 794 J 'I Adult Adult A uv~m t Arrests for Juvenile Arrests for rryes s or Year Arrests for Month ear month 5 196 . TRAFFIC VIOLATIONS For The Month 20 19 18 16 16 14 15 14 12 10 8 5 5 6 II 3 4 1 . 2 2 1 2 0 ... 0 ~. Q) (5 c: co c: "0 Q) C> Q) Ol c: Q) .... CJl 0 .Ql Q) CJl c: c: c: 0 CJl Q) :> c: ~ c: ; Ol (f) >= .Q "0 0 os; ; c: - Q) Q) co U5 () Q) N .C co Q) 0 u (5 (5 u :.J CJl 0 0 Q) (5 0 :.J c: :> a. - a. :> <i: Q) 0 0 (f) 0 - ~ u Q) a. - co I- ~ c: - "0 Q) 0 U) u Q) Q) Q) > :.J u en u.. ~ U) .Ql "0 .... c: .8 .Q I co c: "0 Q) co 0 C> Ol - Q) Q) .... (5 Q) > :J - c: co a. .... oc co u.. Z Q) CJl 00. CJl u.. "0 0 c: co U) :J >< u.. Q) U) w Q) . a. U) 2001 TRAFFIC COLLISIONS 600 500 400 300 200 100 o 411 I DAccidents for the Month _Accidents for the Year I . 6 197 . . . "'1::?k~~'" . :c',,~'1 .' ,-~;'1 ' PART 1 CRIMES Offense Current month Total for Year Homicide 0 1 Rape/Sex Offenses 3 10 Robbery-All 0 6 ftssault-Felonv 2 26 ftssault-4th 28 244 Burolary-Residential 51 117 Buralary-Other 8 46 Theft-Shoplifting 6 63 Theft-from Vehicle 6 155 Theft-from Bldo 15 111 Theft-Vehicle 3 18 Theft-Other 21 128 Arson-All . 0 7 Total 143 932 PART 2 CRIMES Offense Current Month Total for Year ResistinQ/ObstructinQ 4 16 Stalkina/HarassmenUEndanaerment 12 63 U I selF raud/Embezzle/Propertv 5 57 Malicious Mischief-Felonv 5 39 Malicious Mischief-3rd 20 159 Weaoons Violations 1 19 Crimes Aqainst Child/Sex Offense 4 29 DruQ Violation 11 88 Domestic - Verbal 5 40 DUI 6 76 Alcohol Violations 2 53 Violate Protection Order 8 79 Runaway 16 93 Miscellaneous/Other 7 66 Total 106 877 7 198 ANIMAL CONTROL INCIDENTS For the Current Month Totaling 215 Calls . 58 41 30 25 12 13 11 2 )> )> )> )> )> )> )> )> )> :J :J :J :J :J :J :J :J :J ~r 3' 3' 3' 3' 3. 3. 3. 3. Dl Dl Dl ~ !!!. !!!. !!!. !!!. !!!. ~ (5 J;; 2 0 Z Sa <: 6 0- (1) 0 0 0 o. :T c: Dl c: c: 3 00' OJ o. Ul 0. :J @ '< (1) (1) 0. "0 (1) c: ., 0. 0. Q) Ul en 5' o' iii " Parking Ticket Statistics . . ~,,}t~~~;~',r~"r',' <lj'i,:,-t:;~~~:;<"', 'ji:~'~~t:-,:;-;,.t~b_f"' . JAIL COSTS/INCARCERATION CLALLAM COUNTY FORKS MONTH 2000 2001 2000 2001 January $30,858.79 $36,334.65 $5,427.48 $5,543.43 February $41,465.47 $25,242.00 $4,608.93 $2,487.60 March $25,787.75 $32,823.78 $2,340.54 $4,191.42 April $27,250.99 $32,051.18 $417.33 $5,820.49 May $19,427.74 $43,211.00 $1,344.15 $7,498.64 June $17,413.98 $973.35 $4,538.72 July $31,486.10 $5,614.06 $2,023.51 August $21,881.90 $7,222.05 $3,218.62 September $29,013.25 $2,943.09 $2,946.60 October $29,573.88 $5,463.94 November $27,019.19 $5,360.82 December $31,143.49 $7,301.69 Total $332321.53 $169662.61 $49017.43 $38,268.03 . JAIL COSTS/E.H.M/MEDICAL Electronic Horne Monitoring Medical Related Costs 2000 2001 2000 2001 January $2,622.00 $411.50 0 $332.93 February $1,161.50 0 $191.82 $1,575.10 March $971.25 0 $456.96 $917.75 April $431.25 $780.00 $274.61 $319.75 May $586.50 0 0 $214.79 June $793.50 $495.00 $120.00 0 July $293.25 $1130.00 0 $1,000.00 August $655.60 0 $30.82 $4,927.46 September $626.75 $430.00 0 $4,236.02 October $736.25 $1,026.64 November $345.00 0 December $287.50 $11,256.19 Total $9,510.85 $3,116.50 $13,357.04 $13,523.8 . 9 200 . Port Angeles parks &; Recreation . PARKS & RECREATION H20 CAMP 2001 AT SALT CREEk September 2001 . 202 PARKS & RECREATION REVENUE September 2001 Ocean View Cemetery $10,172.21 $13,091.51 $116,727.93 $107,268.75 William Shore Memorial Pool $10,221.57 $11,761.52 $109,157.44 $113,624.58 Vern Burton Community Center $1,212.00 $2,507.00 $15,408.50 $13,450.00 Senior Services Center - Rentals $1,005.00 $1,162.00 $7,148.50 $7,744.50 Senior Services Center - $255.00 $0.00 $920.00 $0.00 Kitchen Fees Senior Services Center - Leases $550.00 $550.00 $4,950.00 $7,650.00 Banner $135.00 $0.00 $4,720.00 $3,751.00 Lincoln Park Camping Fees $0.00 $150.00 $2,818.00 $2,660.00 City Pier Moorage Fees $60.00 $70.00 $2,848.50 $1,183.00 General Fund Revenue Total $23,610.78 $29,292.03 $264,698.87 $257,431.83 Vern Burton Kitchen Fees $100.00 $577.50 $1,822.50 $2,760.00 Co-Rec Volleyball $170.00 $1,120.00 $530.00 $1,410.00 Volleyball Tourney Fund $0.00 $0.00 $0.00 $0.00 Slowpitch $150.00 $100.00 $20,960.00 $19,614.00 Slowpitch Tourney Fund $7.00 $7.00 $1,470.00 $2,951.00 Mens Basketball $0.00 $0.00 $2,160.00 $745.00 Basketball Tourney Fund $50.50 $116.00 $8'63.00 $1,235.00 Youth Programs $3,502.50 $3,325.00 $39,256.63 $38,510.49 Adult Programs $121.00 $260.00 $1,767.00 $1,013.00 Adult Soccer $430.00 $1,005.00 $7,215.00 $6,076.00 Recreation Activities Fund Total $4,531.00 $6,510.50 $76,044.13 $74,314.4 203 ~'l'fti;\(j'~~'~!lil~~'~~~~t' . William Sholi~1iMemorial Pool , Monthly Attendance/Revenue Report September,2001 RECREATION-- Children 899 825 10,442 10,736 Adult 1,666 1,921 18,599 19,770 Middle School Nite/Kid's Day 21/41 22/10 169/209 78/188 Pool Parties/Participants 8/74 13/218 189/1 ,765 136/2,061 INSTRUCTION --- Children 468 743 7,805 8,450 Adults 0 0 112 77 Parent/Child Orientation 0 0 480 313 Pre-School 65 168 2,602 3,328 Water Exercise 410 477 4,823 5,402 . School District ' 1,146 1,046 4,363 4,607 Pool Rentals/Classes 382 272 3,981 4,542 Instruction Totals 2,471 2,706 24,166 26,719 POOL OPERATIONS --- Days Open 29 29 247 256 Hours Open 365.00 377.00 3,389.00 3,380.75 REVENUE --- Rental: Suits, towels, caps $182.62 $283.36 $2,362.54 $1,219.89 Admissions $2,069.22 $2,194.85 $23,076.59 $25,433.24 Lessons $4,008.50 $3,968.50 $39,527.04 $42,663.62 Aerobics $1,014.50 $1,218.00 $10,979.86 $10,393.50 Passes $1,919.44 $2,441.27 $19,766.12 $21,227.06 Showers $167.44 $178.08 $1,202.90 $1,478.01 . Lockers $144.00 $136.75 $1,629.17 $1,564.29 Pool Rentals $333.76 $868.87 $6,306.30 $5,316.32 Sales Tax $382.09 $471.84 $4,306.92 $4,328.65 William Shore Pool Activities September 2001 . ADMINISTRA TION *Monday, Wednesday & Friday Fall Swim Lessons begin for 1st thru 6th grade children. *Tuesday & Thursday Pre School Fall Swim Lessons began. *Conducted monthly in-service training class for Pool Staff. INSTRUCTIONAL Exercise classes for September: * Water Aerobics AM classes * Deep Water AM classes * Deep Water PM classes * Water Walking AM classes Mon - Fri Tu & Thur Tu & Thur Mon, Wed, Fri Swim Lessons Schedule: * September 17- October 12 * September 25 - October 11 * On-going Grade-school Pre-school Private Lessons . CLUBS AND ORGANIZA TIONS * Port Angeles Swim Club 5:30-7:00 pm Monday thru Friday * Port Angeles Diving Club On vacation * Port Angeles School District 7:45 am - 8:15 am 9:05 am - 9:35 am 1:00 pm -1:30 pm 3:30 - 6:00 pm Mon, Tues, Thurs, Fri Wednesday Monday thru Friday Monday thru Friday PE Classes PE Classes Special Education Class Girls Swim Team September 6, 18, 20, & 27 Home Swim Meets * United States Coast Guard 7:45 - 9:00 am Rescue Swimmer Training Tues & Thurs RECREATIONAL SWIMMING August 29 Kid's Day August 29 Middle School Night 41 Participants 21 Participants """'-?iIil ~~ ~ -~" ..,0# ~ -----...... ~ . 205 -:)ii}~:.'jf::~0:';"'*}::%\N'1Wj;;:,;;" ,,<. "),,(::;:,~'r!f:~1~,f:~l~f7~~j ~J . 1118 S. F Street Port Angeles, W A 98363 Parks & Recreation City of Port Angeles 321 E. Fifth Street Port Angeles, W A 98362 Dear Parks & Rec: I'm sony this has taken so long, butI want to tell you how much my son, Tim Christman, enjoyed your H2O week this summer. I liked the fact that it was a full week of field trips on a particular theme. It gave him the opportunity to go places I rarely take him. I've never been to the Pt. Defiance Zoo, myself. He's somewhat of a self-proclaimed expert by now but he learns something new each time he visits. Another key feature was visiting places on the peninsula. I know I should make the time to enjoy and share more of "our" neighborhood with him but ... Sunday night rolls around all too quickly. Maybe NEXT weekend seems to be the rule. lbis summer he made all the rounds with H20 week. Another part of the program I really liked was the chartered bus. Instead of the kids burning time waiting for the bus, it sounds like Barb had the freedom to decide when to stay and when to move on. Also, I felt just a bit safer knowing that the drivers were professionals and not the counselors. That left the counselors able to keep focused on the kids while the drivers focused on the road. . Speaking of Barb. What a spark plug! Her enthusiasm appears to be endless. She always had a big smile on her face when she got OFF of the bus after those long rides with all those kids. When we parents picked up our children at the end of the day she always made a point of speaking with any parent that wished to speak with her. "How was he today?" "Oh, he had a great time, he especially liked the electric eels!" She has a truly personal touch. Another good thing is that she's so well known in the community. She is a very familiar, friendly face to anyone who has ever been to Wm. Shore Pool. After seeing her behind the desk year after year while he was taking swimming lessons, my son thought she owned the pool. The H20week gave him a chance to get to know one of our community's major role models. Thanks again for a truly remarkable week. Maybe next year, in addition to H2O, there could be other theme weeks like forests or mountains or horses or whatever? I liked the idea that he was having new experiences that week-- that there was a focus as well as fun. Since I am a 40-hour per week working mom, my son has been in day care his whole life. I look for opportunities for him where his time spent away from me while I'm at work go beyond simple baby-sitting. Parks & Rec. provides them. ~il Laura Behr . 206 VERN BURTON COMMUNITY CENTER EVENTS Total approximate attendance: 2,720 September 7, 8,9 Northwest Shooting Park Gun Show 900 September 10 Olympic National Park Public Meeting 100 September 14 Middle School Dance 200 September 17 Teamsters Meeting 250 September 20 Clallam County Service Awards Luncheon 250 September 22 Big Hurt Dinner 400 September 28 Middle School Dance 200 September 29 Port Angeles Symphony - Pops Concert 370 September 30 Square Dance Council 50 VBMCC - GYM USERS Open Gym 80 Gym Walkers 10 Total approximate attendance: 265 After School Program Badminton 160 15 VERN BURTON MEETING ROOM EVENTS: Total approximate attendance: 306 September 5 Clallam County Food Handlers Class 34 September 10 Ostomy Support Group 20 September 14 Clallam County Salmon Recovery 25 September 17 Clallam County Salmon Recovery 30 Soccer Referee Training 30 Clallam County Food Handlers Class 40 Employee Security 20 Department of Social & Health Services 25 Clallam County Food Handlers Class 35 Healthy Families Meeting 10 Law Enforcement Training 37 September 19 September 21 September 25 September 26 September 28 VBMCC - REGULAR MEETING ROOM USERS: Total approximate attendance: 405 Kiwanis - Juan de Fuca Group 140 Land Trust 15 Transit Union 40 Juan de Fuca Festival 12 Board of Appeals 6 Non-Motorized Meeting 10 Bike Club 12 After School Program 140 Park Board 10 Swim Club 8 Cal Ripken Youth Baseball 12 COUNCIL CHAMBERS: City Council Meetings Board of Adjustments Planning Clallam County Lead Entity ~ -- Total approximate attendance: 242 100 our Victim's Panel 12 EOC 20 SNAP 40 40 10 20 ~ ~ ~ ~ ~ ~ -- '',If''N''l~'l'I'~,'',;:';,'~~~i Recreation continued--- LINCOLN PARK RENTALS Clubhouse Longhouse Loomis Building Auaust 6 8 3 ~-'~'\j":':'~~' To Date 52 34 30 OTHER USES Scout Meetings each Wed. evening 4-H: 1st & 3rd Tuesday each month Scout Meetings: 3rd Tuesday each month Fly Fishermen Club: 1st Monday each month Rentals - Other Parks Lions Park Veteran's Park Conrad Dyar Fountain 1 3 o 6 12 4 RECREATION DIVISION PROGRAMS: Square Dance Lessons each Monday at the Senior Center 20 Participants Line Dance Classes 20 Participants Country Western Dance Classes 20 Participants After School Program began on September 5th Franklin School 35 enrolled Vern Burton Center 18 enrolled PARKS & RECREATION SPECIAL EVENTS: September 16 Punt, Pass & Kick Competition 11 Participants September 22 The Big Hurt 300 Participants Registered UP COMING RECREATION: November 3-4 Boys' & Girls' Basketball Tipoff Tournament November 3-4 Talking Rain Invitational - Mens AA Basketball November 17-18 Turkey Shoot - Boys Basketball Tournament December 15-16 Holiday Hoops - Boys & Girls Basketball Tournament WEEKLY ELEMENTARY & MIDDLE SCHOOL GYM and FIELD SCHEDULING FOR: Junior Babe Ruth Senior Babe Ruth Soccer CITY PIER EVENTS: September 4, 11, 18 & 25 September 6 & 13 September 8 September 15 September 15 September 16 Spirit of Oceanus Cruise Ship moorage Concert on Pier Series US Coast Guard Winona Reunion Bell Ringing Ceremony PAHS Band Boosters Walk-a-thon Independent Bible Church Memorial Service & Blue Grass Concert Olympic Research Vessel Moorage UP-COMING PIER EVENTS: October 2 Spirit of Oceanus Cruise Ship Moorage ERICKSON PLAYFIELD: Not scheduled 208 ..-..... ...... . . - ......-.. . .... 2000'" . .:'.i'.:: '.:. '. ~~::>. -,: Ground Burials 17 23 21 21 Ground Burial Inurnments 18 14 20 16 Niche Inumments 9 5 5 8 Entombments 1 1 0 0 I Year to Date Totals 45 43 46 45 I PRE':'NEEDSALES. "~I THIS MONTH THIS YEAR THIS MONTH LAST YEAR TO DATE LAST YEAR TO DATE $4,439.98 $35,395.34 $7,051.49 $44,394.92 209 . . . ~itr~~~.'if~~~{W:'i',,:~ .,~~~"" .~ ' . ,,-. Parks & Ce~etery Monthly Division Report September 2001 Accomplishments Turf Management II" Mowing and trimming ALL locations . ... . . . . . . .... . . ...... . ...... ... . ..... ..... . .. . .. 371.0 hours II. Turf renovation/Repairs . . ......... ..... . . . . .. . . . .... ... ..... ...... .... . ... ....... ... 7.0 hours IIn", Equipment repairs and maintenance .. . .. .. . . .. . . . . ..... .... . . .. . .. .. ...... .. .... .. .. . 119.5 hours Total Hours Previous Year: 487.0 Total Hours Current Year: 497.5 Beautification III.... Downtown planter maintenance(cleanup water etc.) ...................................... 247.0 hours 1111'" Maintenance of planted areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 124.5 hours IIn'" Greenhouse, plant maintenance ....................................................... 13.0 hours 11,* Tree well cleaning and maintenance ................................................... 18.0 hours Total Hours Previous Year: 298.5 Total Hours Current Year: 402.5 Amenities 1111'" Pier general maintenance . . . .. ..... . . . .. . . . . . . .. . . . . . . . . . ... . . . . . . . . . . ... . .. . . . .. . . . . 10.0 hours liD'" Floats; repairs to Ediz Hook Floats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 hours 1111'" Washroom servicing, cleaning and general maintenance . . . . . .. . . . . . . . . . . . . . . . . . . ... . . . . . ... 97.0 hours 1111'" Park sign maintenance . . . . ... . .. .. . . . . .. . . . . .. . . . . ... . .. . . . . . . . . .. . . . .. . .. . . ... . . . . .. . 2.5 hours 11,* Play equipment maintenance: . ..... . . .... . .. . .. .. . . . . .. . . . ... . .. . . . .. . . . ... . . .. . . . . ... 16.0 hours III.... Other: Fences, Pier Octopus planting, ponds and fountain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59.5 hours Total Hours Previous Year: 406.0 Total Hours Current Year: 186.0 . 210 Sports Facilities Field Makeup and Maintenance 11* Baseball and softball including; Civic, Lincoln, Volunteer, Dry Creek, Shane and Elks fields .................................................................... 33.5 hours 11* Soccer fields ..................................................................... 100.0 hours 111* Football field. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 55.0 hours 11* Tennis ............................................................................ 0.0 hours 11'" Field lighting repairs .................................................... . . . . . . . . . . . ., 2.0 hours Total Hours Previous Year: 191.5 Total Hours Current Year: 190.5 Waterfront Trail "* Bench and memorial installations/maintenance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 3.5 hours Total Hours Previous Year: 105.0 Total Hours Current Year: 3.5 Building Maintenance General Maintenance and Repairs 111-' William Shore Pool ................................................................ 94.0 hours 111* Vem Burton Community Center. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .133.0 hours 11* City Hall and Police Dept.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .132.5 hours 11111." Senior Center. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.5 hours Total Hours Previous Year: 425.5 Total Hours Current Year: 461.0 Civic Complex City Hall mowing, atrium and planted areas 11* Atrium; tree and flower bed maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.0 hours Total Hours Previous Year: 12.0 Total Hours Current Year: 20.0 . 211 ';~co;'~W:I,~CH-:>:~_\,"r,~ ,~~:~ ""\ )':~;'f~':~J;'~r~:~t~~'~!(4~1:r "*~ Parks General Maintenance Litter pickup from various park locations. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99.0 hours II" Park improvements. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . ... . . . . .. . .. . . . . . . . . . . . . . . . . . .27.0 hours II" Building maintenance;. . . . . . . . . . . . . . . . . . . . .. .........................................21.5 hours "" Forest Management;. . . . . . . . . . . . . . . . . . . . . . ; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .84.5. hours ! Total Hours Previous Year: 425.0 Total Hours Current Year: 232.0 Special Events IIH.Other: "" .......... ... .. ... . . . ......... . .. .. .. . .. ... ... .. .. .. ....... .... ........ ..... ... . . . .. . .. .. . . 8.0 hours Total Hours Previous Year: 24.5 Total Hours Current Year: 8.0 Campground II" Site cleaning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' . . . . . . . . . . . . . . .. 0.0 hours Total Hours Previous Year: 4.0 Total Hours Current Year: 0.0 Cemetery 11I1. Ground burial interments .. .. . .. .... .. .... . .. .. .... ... .. .. .. .. .. . .. .. .. . .. . .. .. .. .. .. .. ... .. .... . .. .. .. . ... ... . . .. .. . . . .. .. 0.0 hours 11I1. Cremation interments .. .. . .. .. .. . .. ...oo .. oo.. .. .. . .. . .. .. .. .. . .. . .. .. . .. . . .. 4." .. .. .. . .. oo.oo . .. . .. .. . . . .. . .. .. .. . . .oo .. 14.5 hours 1111. Crypt entombment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 0.0 hours "" Niche inumments oo. .. . .. .. .. .... .......... .. .. . oooo . oo. .. ..oooo .. .. . oooo ... .. .... .. ..oo . . . . . .. .. . . . . . .. . OO. oo.. . .. . . 2.5 hours IIn. Memorial marker settings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.5 hours III'" Mowing and trimming . ..oo . oo.. .. .. . ...4. . . . .. .. .. .. .. .. . . . .. .. . .. ..... .. 4 .. .. .. .... .. . . 4 4 . ..... .. .. . . oooo . . . . . . 36.5 hours III'" Building/Chapel cleaning and maintenance .... .. .. . ....oo ... . .. . . .. .. ..oo.. .... ..OO" .. .... ....oo.. . . . . . . .oo .. . .. .. . .. 58.0 hours IIn. Grave site refilling/regrading . . oo.oo...... . . .... ..oooo. . . . oooo. ... oooooo oooo . .. .. .. ..oo..oooo OO. . .. .. . .... . . . . . . . . .. .. 0.5 hours 1111. Customer Service . . . . .. .. . . 4.. OOOO ..oooooooo .. .. .. .. . .. . . . . ..oo . .. . oooo..oooo .... . .. . ...4.. .. . . oooooo . oooo . . . . .. .. . . . 13.0 hours Total Hours Previous Year: 147.0 Total Hours Current Year: 130.5 . 212 Parks Administration 11.... Daily supervision, crew training and safety meetings .. .. ... ... ............. . . .. ..... .... .172.5 Total Hours Previous Year: 157.5 Total Hours Current Year: Sub Total Hrs Previous Year: 2,683.5 Sub Total Hrs Current Year: 2,361.5 NON Productive Hrs previous year: (Illnesses, doctor/dental, vacations) 350.0 I I NON Productive Hrs Current Year: 384.0 (Illnesses, doctor/dental, vacations) Total Parks & Cemetery Division Hours: Previous Year: 3,033.5 Current Year: 2,745.5 . . 213 . . . <'l\<,,-;;~',"I"':;'i">'T'"':;-';'~':::,I' ., 'i'!~'ft~?7~'V~jti~S't;~'; ,nr\ Total Monthly Maintenance Hours September 2001 #1 Turf Management 497.5 hrs. II #3 Amenities 186 hrs. II #5 Waterfront Trail 3.5 hrs. II #7 Civic Complex 20 hrs. II #9 Special Events 8 ms. II # 11 Cemetery 171.5 hrs. Q #13 Time Loss 384 hrs. II #2 Beautification 4'02.5 hrs II #4 Sports Facilities 190.5 hrs. II #6 Building Maintenance 461 hrs. II #8 Parks General Maintenance 232 hrs. II #10 Campground 0 hrs. II #12 Parks Administration 190.5 hrs. 214 Ediz Hook Volunteer Mr. Don Walker- Monthly Report The following is a report for the month of September, from Volunteer Mr. Don Walker of Port Angeles (one of the many citizens who provide the city with many hours of valuable volunteer labor). Mr. Walker has for the last. several years volunteered to maintain the "sign" (and immediate area) on the East side of the Ediz Hook rest- rooms. Mr. Walker has constructed several wind vanes that you see on top of the Army Corps Reclamation sign, as well as beautified the area underneath it by installing flowers in a planter area. The following is a summary ofms monthly activities; . 9/5 Watered flowers, whale wind vane and mounting pole were missing. Presumed stolen. Mounting screws were removed, probably over Labor Day weekend. . 9/8-13-16 Watered flowers . 9/20 ~ Started "Patriotic" type of wind vane, watered flowers, attempted to repair hand wheel on hose bib, sprayed hose bib with penetrating oil. . 9/24 Worked on hose bib, sprayed again with penetrating oil, pulled weeds in gravel areas around sign, watered flowers, tied up daisies to wire supports, measured back of sign for mounting hole for new wind vane. . 9/26 Rained until noon, mounted "Patriotic" wind vane on 3/4" pipe, worked on hose bib. . 9/30 Spoke to Park Superintendent about submitting "Monthly Report" of activities. Watered flowers with Miracle Grow solution, re-arranged rocks behind sign(people hae been taking them all summer to build "stacked rocks") oh well, fads fade; worked on hose bib, replaced broken handle with new red one from my private "odds and ends" stock, cultivated flower bed and spread fertilizer in preparation of Fall flower planting, will start on "annual renewal" of rest room signs next week. . 9/28 . 215 . . . "'c,~~~~1'!i!~";).'.""';'A'jt~~'f>~%i1; SENIOR COMMUNITY CENTER EVENTS - Users September 1 Decisions Unlimited September 4 Rhody Society Board Meeting September 7 Peninsula Trails Coalition September 14 Retired Teachers Board Meeting September 15 Delikat Wedding Reception September 20 Non Motorized Group Meeting September 25 Port Angeles Business Association Ripley Associates September 29 Hallett & Associates SENIOR CENTER REGULAR USERS Senior Nutrition Board City Parks Soroptimists Jet Set CCWAB Fine Arts Center Virginia Mason Venture Club Jazzercise Eckankar ~ SENIOR CENTER SPONSORED - SPECIAL EVENTS/PROGRAMS September 7 China Connection - Veronica Ayers September 10 Cribbage in the Schools Presentation September 12 Dan Englebertson, County Administrator at Roundtable on Politics September 13 & 27 "The Old Music Guy" September 18 Puget Sound Blood Bank Drive September 19 Gert's Annual Octoberfest Potluck September 22 Anybody Can Write the Creative Journal SENIOR CENTER SPONSORED - REGULAR PROGRAMS Health .Stretch Class/Weight Training . Blood Pressure Checks . Low Vision Support .Alzheimers Support Group .Foot Care (4x month) .Bench Stepping .Hearing Aid Tests/Repairs .Chair Exercise (3x wk) .Tai Chi .Yoga .Amputee Support .Aerobics 216 September 2001 Education . Computer Labs 3x week .Spring Chicken Band .Computer Classes .Tap Dance Classes .Round Table on Politics .Anybody Can Write .Infinite Variety of Music .Geography of Southeast Asia Social/Recreational . .Investment Class .Watercolor Class .Round Table on Politics .Driftwood Sculpturing .Investment Club .Estate Planning Basic Class .Middle East Dancing .Oil Painting . Paint on Own .Golden Agers .Senior Swingers Dance .Bingo (3x week) .Olympic Peninsula Chess Club .Pool . Cribbage .Coffee Lounge .P R Committee .At the Movies (weekly) .Bridge .Pickle Ball (3x week) .Pinochle (3x week) 217 . . ':":'::'>;" "i/~6) '(:;}'k::"\\F:'::' ",;: : ;.,::i"}i\tNr:i:i:~:t'Xt.::;I"r~~' . PORT ANGELES SENIOR CENTER MONTHLY ACTIVITY REPORT September 2001 Information & Referral 1,370 1,635 17,631 15,636 Estimated Attendance 5,593 4,358 47,843 45,066 Health Programs 511 592 4,487 5,338 Education Programs 599 464 5,572 4,932 Social/Events/Programs/Meals 1,545 2,809 13,811 16,636 . Trips: Taken 7 10 46 54 Passengers 99 159 601 718 Volunteers: 177 139 Hours 1,629 1,335 14,903 13,207 Membership: 14 24 1,618 1,555 City 4 15 1,057 1,024 County 10 9 561 531 . 218 . . . 219 . . . FORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: September 18, 2001 To: Mayor Doyle and City Council Members FROM: Sue Roberds, Planning Specialist SUBJECT: Department of Community Development Planning Division Monthly Report - September, 2001 CURRENT PLANNING ApPLICATIONS: Bed and Breakfast Permit Boundary Line Adjustments Conditional Use Permits Environmentally Sens. Areas Home Occupation Permit Minor Deviations Municipal Code Amendment Parking Variance Retail Stand Permit Rezone Shoreline Substantial Development Permits Shoreline Exemptions Short Plat Street Vacation Subdivisions Variance Wetland Permits Code Enforcement SEP A ENVIRONMENTAL POLICY: Determinations of Non Significance Determinations of Significance Mitigated Determinations of Non Significance DEVELOPMENT REVIEW ApPLICATIONS: Building Permits Clearing and Grading Permits Forest Practices (Class IV Conversions) 220 o o 1 o o o o o o 1 o o o o o 1 o o YEAR To DATE: 4 1 10 4 2 1 1 o 2 5 6 4 1 4 o 10 o 4 3 o o 26 o 4 3 o 21 5 9 115 DEPARTMENT OF COMMUNITY DEVELOPMENT MONTHLY PERMIT REPORT ISEPTEMBER 20011 , CATEGORY JAN. FEB. MAR. APR. MAY JUNE JULY AUG. SEPT. NOV. NOV. DEC. 2001 YTD 2000 YTD RESIDENTIAL-NEW .' MODULAR / MOBILE 1 1 1 3 1 7 5 .....................vtii;;e..................... ......$5'7:.j'4Z"..... ....................... ....$43:'0'0'0..... ....................... ...$45:5'00..... ....'$224:54.ii..... ....'$t;'ii.'88cj..... .......................... ......................... ....................... .......................... ......................... .....$43.9;07:;...... ......$155.;481....... SINGLE FAMILY 1 1 4 1 2 2 4 2 17 4 .....................vai;;e..................... ......$94:'00'0....... ....$98.:25'S..... ...$483.:598.... ....................... ..$j.59:938.... ....'$3iii5:8'78..... ...$2'7j.;oij.... ....$.354:iso..... ....$23'7:'000..... ....................... .......................... ......................... ...S2';095:'502.... .......$33'.843........ MUL TI-FAMIL Y 0 .....................viii;;e..................... ........................... ....................... ....................... ....................... ....................... .......................... ........................ .......................... ......................... ....................... .......................... ......................... ........................... ............$0............. ACCESSORIES 2 5 2 2 2 3 2 18 29 .....................Vai;;e..................... ........................... ....$.i9:200..... ....$34)50..... .....$4:fjO'O...... ...$1'2:'i;'50..... .....'$.14;00.0'...... ....F7:200..... .......................... .....fi2}7ii...... ....................... .......................... ......................... ......114;576....... ......$25.1.;679....... COMMERCIAL-NEW RETAIL ....................... ....................... .......................... ....................... .......................... ......................... ....................... .......................... ......................... ........................... ............................. .....................Vai;;e..................... ........................... ....................... ....................... HOTEUMOTEL ....................... ....................... .......................... ......................... ....................... .......................... ......................... ........................... ............................. .....................Vai;;e..................... .......................... ....................... ....................... ....................... .......................... OFFICE 1 1 2 .....................Vai;;e..................... ........................... ...$20.0:000.... ....................... ....................... ....................... ....$'i'ii5;00.0'..... ....................... .......................... ......................... ........................ .......................... ......................... .....$39.5;000...... ............................. DRINKING/DINING 1 .....................Vai;;e..................... .......................... ....................... ....................... ....................... ....................... .......................... ....................... .......................... ......................... ....................... .......................... ......................... ........................... ......$250.;000....... AUTO/SERVICE 1 1 .....................Vai;;e..................... ........................... ....................... ....................... ....................... ....................... .......................... ........................ .......................... .....$5.i;2'0'0...... ....................... .......................... ......................... ......$5{200....... ............................. INDUSTRIAL .......................... ......................... ....................... .......................... ......................... ........................... .................................................... .......................... ....................... ....................... ....................... ....................... .......................... ....................... ............................. Value .. ~ o! PUBLIC. NEW ~..~.~.t:!gg.~~~?-.?~E!:~~~.... 5 1 6 2 . .......................... ....................... ....................... ....................... ....................... .......................... ....................... ....'$.5ii1:0'05..... .....$20:'00'0...... ....................... .......................... ......................... .....$6:;.1.;005...... ......$60:;..325....... CHURCHES ....................... .......................... ....................... .......................... ......................... ....................... .......................... ......................... ........................... ............................. .....................Vai;;e..................... ........................... ....................... ....................... ....................... RECREATION 1 1 2 .....................Va;;;e..................... .......................... ....................... ....................... ....................... ...$77:0'00..... .......................... ....$4.ii:58i.... .......................... ......................... ....................... .......................... ......................... .....$126;58:;-..... ............................. REPAIR & ALT. RESIDENTIAL 27 20 43 43 41 57 32 55 64 382 337 .....................Vai;;e..................... ....$j.'29Jiio..... ...S'i'i'ii:2ii8.... ...$204.:8B3.... ..$20.j:.So'7.... ..$.1'S3:21'0.... ....'$.j.j.B}.77..... ....$92:5'S4..... ....$.j.iiii:293..... ....$'228:'484..... ....................... .......................... ......................... ...S{444)'66.... ....$1';567:20'5..... COMMERCIAL 11 10 10 5 8 18 16 21 13 112 77 .....................vai;;e..................... ......$30:'025....... "'$12S}'7i'" ...$184.:200.... ....$ii5:'s57'.... ...$3B:335..... ....$.23B:498..... ....$60:4'S0..... ....$.j'3ii:'S2ii..... "$'1:049:4'00'''' ....................... .......................... ......................... ...S{929:&71.... ....H.360:333'.... PUBLIC 2 1 2 5 20 .....................Vai;;e..................... ...${'j.SO:'SOO.... ....................... .....$'1:'000...... ....................... .....$7:0'75...... .......................... ....................... .......................... ......................... ....................... .......................... ......................... ...$'1';1.68',575.... ......$724..400....... DEMOLITION / MOVE 2 3 1 6 16 .....................vtii;;e..................... .......................... .....$.j..'OOO...... .....$.i)joo...... ....................... ......$.500........ .......................... ....................... .......................... ......................... ....................... .......................... ......................... .......S3.:000........ .......$15:9'01'....... BUILDING TOTALS SLOG PERMITS 42 36 67 50 57 83 55 85 .........~~........... 0 0 0 558 478 ........cO'Nsf:.VALUE........ .......................... ....................... ....................... ....................... ....................... .......................... ....................... .......................... ....................... .......................... ......................... ........................... ............................. $1,470,857 $564.500 $952.931 $271,264 $494.208 $1.187.702 $559.744 $1,278.587 $1.598.860 $0 $0 $0 $8,378,853 $4.960,173 ........ '. ...,.... .,...," '.' .... ..,....... ..'.. ", ...... . '" '.....r.. .i..... . I" ...... .. >A.. .... .'i .r. .. OTHER PERMITS R / W CONSTR. 8 3 9 9 3 14 5 2 3 56 22 ..................'Re:.;;i;;i;;e.................. ........$74'S......... .......$285....... ......'$iiBO........ .....$.i:.j.25...... ......$34'S........ ......$1:3io....... .......$350....... ........$.j.iio......... .......$j.3'S......... ....................... .......................... ......................... .......S5:225........ ........$1:0.50......... NEW WATER SERVo 8 1 8 4 2 5 2 2 ....................... 32 8 ..................'Reveri;;e.................. .......$5:680....... .....F..750...... .....$'S:535...... .....$2:840...... ....................... ......$1:ii65....... .....$5.'1iio...... ......$1;.ii5....... ......$1:8'00....... .......................... ......................... ......$25.'605....... ........$7:.1.96......... NEW SEWER SERVo 10 10 4 3 4 5 2 1 39 11 ..................'Reven.iie.................. .......$3:'S4.0'....... ....................... .....$3:825...... .....${'S80...... ......'$.87'S........ ........S9j.O......... .....lj.:82'S...... ........$8.40......... ........$95.......... ....................... .......................... ......................... ......$13;590....... .......$10:&85........ NO. OTHER PERMITS 26 4 27 17 6 20 15 6 6 0 0 0 127 41 .....o'ftierfp.........ifREii:...... .......$9;965....... .....S.2.;035...... ....$10';ii4ii..... .....$5','645...... .....$1)'2'0...... ......$3;945....... ........7;335..... .......$2;20'5....... ......S2.:030....... .........$0.......... ..........'$0........... ..........SO'.......... ......544':420....... .......$19;-1'31........ Applied 85 Issued 82 Complete ~, %,:,:,~,Y~"lI--'~ I,; .':!!"~'1t'1'''''l'~''l!'' 1; . Port Angeles Fire Department Saving Dearts and Domes . September 2001 . 222 September 2001 Total Fire Dept. Calls Fire $ Loss/Saved 2,000,000 _______n___ ____n_n___ ------- . 1,500,000 -.- ------ ---- - ________m__n_n 2500 2000 o 1500 1,000,000 _~_n______ __u____ .-- 1000 -----'------ 500,000 ...: 500 --- un 2000 0-- 2001 . Saved . Loss 1999 2000 2001 Sept 01/00 Total Calls 225 / 207 2001 Total Calls YTD 2,196 2000 Total Calls YTD 1,992 i Saved Loss 2001 YTD 7,888,340 535,050 2000 YTD 1,641,400 341,908 50 40 30 ____m___ 20 ----- 1 0 ___u Fires> 5K Fires < 5K Brush Auto . 2001 . 2000 . Haz Mat Year to Fires > $5,000 Fires < $5,000 Auto Fires Brush Fires Haz Mat Date Incidents 2001 13 38 14 34 29 2000 9 44 8 33 26 223 Fire & Life Safety Insp 1000 I 800 -'------- . 600 --- 400--- o -'----- Inspections Reinspections II 2001 II 2000 Inspections Reinspections 2001 YTD 742 444 2000 YTD 850 795 Medic I Transports 800 ~______u__ . ---------- .00 -~ 600 500 -- 400 300 -- 200 --- 100 ---- m o ALS BLS .. 2001 II 2000 Advanced Life Support (ALS) & Basic Life Support (BLS) Fire Dept. 2001 2000 % ALS-YTD 714 714 BLS-YTD 104 124 16.1 1 . 224 500 400-'--- 300 -, 200 --'- 100- o Prevention Activities YTD ...___L. 2001 2000 II Permit Inspections ~ Plan Reviews II Public Education Contacts Permit Plan Public Ed Inspections Reviews Contacts 2001 59 57 453 2000 162 30 33 2000 1500 1000 500 Patients Assisted o Fire Dept. Olympic Ambulance .. 2001 II 2000 Patients Assisted Fire Dept. 2001 2000 % YTD 1,706 1,731 1.4 1 FIRE PREVENTION ACTIVITIES September 2001 This Year to Last Year Last Year Month Date This Month Year to Date Fire & Life Safety Inspection 87 742 100 850 Fire & Life Safety Reinspection 28 444 98 795 Code Violations Found 89 990 149 1,225 Code Violations Corrected 34 694 115 1,085 Building Survey 0 0 0 13 Complaints Investigated 8 21 2__ 60 Fire Drills Supervised 0 0 ....0... 2 Lectures, Classes, Demonstrations, Station 5 49 5 33 ~ - .-.-.-~ Tours Number of Public Education Contacts 30 453 -- -- Fires Investigated 1 16 0 11 Fire Alarm Test 9 64 13 88 Sprinkler System Test 9 61 19 129 Permit Inspection 10 59 23 162 Juvenile Fire Setters Counseled 0 3 0 3 Certificate of Occupancy Inspections 8 22 -- -- Planning Department Reviews 8 32 -- -- Building Application Reviews 6 26 -- -- Plan Checks: 1. Commercial 4 14 3 16 2. Multi-family 0 1 0 0 3. Sprinkler System 0 11 0 10 4. Fire Alarm 1 5 0 4 FP - 32 225 Revised 6/11/01 . . . . . . ~,' '~~';/!":'o,-: ',', :f~; .".t,;:(:~'__""!E,<'c'c'~' Medic I Statistics September, 2001 ALS BLS PRIVATE NO TRANSPORT PAFD OLY PAFD OLY Cardiac Arrest 0 0 0 0 0 2 Cardiac, Other 20 1 1 0 0 4 Major/Minor Medical 30 1 4 8 2 9 Motor Vehicle Accident 2 0 3 3 1 3 Drug/Alcohol 3 1 0 2 0 1 Accident, Other 7 0 6 21 8 22 False Call 0 0 0 0 0 8 ___u Total 62 3 14 34 11 49 * Note: PAFD -- Port Angeles Fire Department OL Y -- Olympic Ambulance Private -- Private auto, taxi, funeral home, etc. No Transport -- patient refused or required no transport Total Medic I Patients Assisted This Month Year to Date This Month Last Last Year to Date Year 173 1,706 211 1,731 Medic II Statistics Citizens trained in CPR and airway management This Month Year to date This Month Last Last Year to Date Year 30 192 20 204 226 :';";:":'.-~n:~'<":;-,', 227 . . .