HomeMy WebLinkAboutAgenda Packet 10/16/2001
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>~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
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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
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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
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NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE
MAYOR TO DETERMINE TIME OF BREAK
October 16, 2001 Port Angeles City Council Meeting
Page - 2
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FORTANGELES
WAS H I N G TON, U. S. A.
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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
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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
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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
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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.
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MRSC (1) I /' J / I ~
PDN (Summary) .~J MN\ I ~IIV\Mv' .
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DATE:
To:
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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
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~ 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
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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.
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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
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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
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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
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, 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
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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
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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
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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-
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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-
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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
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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.
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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.
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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
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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
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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.
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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.
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.
.
.
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
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\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.
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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
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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
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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
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.
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"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
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"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
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Bonds. "
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Section 1.2. Interpretation.
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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
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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.
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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
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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,
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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
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(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.
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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:
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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
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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.
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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
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(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
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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
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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.:
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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.
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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.
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(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:
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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.
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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.
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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.
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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,
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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.
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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
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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;
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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
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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
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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.
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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
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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
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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
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This page intentionally left blank.
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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
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.
.
,~*,~'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
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(30' WiDE" STRIP, M?EA ::: 0.19 ACRES)
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PARCEL DESCRIBED IN VOLUME
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AREA = 1.34 ACRES
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143
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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
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.
.
147
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.
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
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~::'~:~;~;'~:~;,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
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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
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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
-.---
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'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
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..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~
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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
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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
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~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
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161
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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
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GASS 34
The New
Reporting Model
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principles for state and local.governments.
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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"
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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.
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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
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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
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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
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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.
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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.
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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
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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
.
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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.
.
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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
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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-
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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
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._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
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"~,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
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.
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,.,. ;,,';';:,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
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189
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THE CITY OF
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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
.~~~
.
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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
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.
";~;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',~,
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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
.
.
.
.
.
.
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PENCOM ACTIVITY
PAPD CFS FOR 2001
1741
14827
10 Month 1!12001 I
-: ->,..,-' .
DISPATCHES FOR PAPD
1649
'1....,
: /'
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, .
/
I
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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 -
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a.
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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~~'"
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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
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Parking Ticket Statistics .
.
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.
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
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.
205
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.
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
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.
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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
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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
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"'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
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':":'::'>;" "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
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218
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219
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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)
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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
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.
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~,' '~~';/!":'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
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