HomeMy WebLinkAboutAgenda Packet 11/04/2003 poRTANGELEs AGENDA
_ CITY COUNCIL MEETING
W A $ H I N G T O N, U. $. a. 321 EAST FIFTH STREET
November 4, 2003
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. Proclamation in Recognition of Karen 1 Read Proclamation
McCormick's award as "one of the 25 Most
Powerful Women in Banking" Read Proclamation
2. Proclamation: World Town Planning Week 3
3. Presentation to Brian Wahto for Lineman ~ Award Certificate
Certification
4. Recognition of Veteran's Day - November Recognition and Public Invitation
11, 2003 to participate
B. WORK SESSION
C. LATE ITEMS TO BE PLACED ON THIS 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 anyt/dng not on the agenda, please keep comments to 5-10 minutes.)
D. FINANCE
1. Water System SCADA Upgrades, Project 03- 11 Approve Contract
16
2. Multi-Agency Reciprocal Maintenance 13 Approve Contract
Agreement
3. Downtown Signal Renovation, Project 03-01 15 Award Contract
4. 8~ Street Bridge Replacement, Project 02-15, 17 Approve Agreement
Consultant Agreement
5. Interlocal Agreement with Clallam County 21 App[ove Agreement
and Cities of Forks and Sequim re:
Distribution of Low Income Housing Funds
6. Contract for Entryway Street Trees, Project 25 Reject Bids
03-19
?
NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE
MAYOR TO DETERMINE TIME OF BREAK
November 4, 2003 Port Angeles City Council Meeting Page
E. CONSENT AGENDA
1. City Council Minutes of October 21, 2003 2'/ Approve Consent Agenda
and draft Special City Council Meeting / 41
Gateway minutes - October 16, 2003
2. Expenditure Approval List - October 27, 45
2003 - $456,423.57
3. Electronic Payments - October 27, 2003 - 75
$151,272.00
F. CITY COUNCIL COMMITTEE REPORTS
AND CALENDAR 77 Review Calendar
G. ORDINANCES NOT REQUIRING PUBLIC
HEARINGS
1. Ordinance amending Employee Benefits 79 Adopt Ordinance
Package for Management and Administrative
employees
2. Issuance and sale of $4,295,000 Water and 87 Adopt Ordinance
Wastewater Utility Revenue Bonds
H. RESOLUTIONS
1. Set a Public Hearing for "K" Street Vacation 147 Approve Resolution
2. Declare State of Emergency due to heavy 151 Approve Resolution
rainfall and high wind
I. OTHER CONSIDERATIONS
1. Findings and Conclusions - SEPA/CUP 03-10 155 Approve Findings & Conclusions
Appeals
2. Labor Contract with AFSCME #1619 167 Approve Contract
3. Amendment to EBEW #997 Labor Contract 199 Approve Amendment
i J. PUBLIC HEARINGS- QUASI-JUDICIAL Conduct Public Hearing, approve
(7:00 P.M. or soon thereafter) intergovernmental agreement, and
1. Madrona Woods Final Subdivision 203 approve final subdivision
K. PUBLIC HEARINGS - OTHER
1. Budget Hearing on Revenue for Year 2004 221 Conduct Public Hearing
L. INFORMATION
1. City Manager's Reports:
· Goals / Projects Update (Page 223)
· Change Orders, Contracts under $15K, Bids, Grants & Loans (Page 239)
2. Planning Corrmaission Minutes - October 8, 2003 (Page 241)
M. EXECUTIVE SESSION (As needed and determined by City Attorney)
N. ADJOURNMENT I I
NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE
MAYOR TO DETERMINE TIME OF BREAK
November 4, 2003 Port Angeles City Council Meeting Page - 2
pORTANGELES. CITY COUNCIL MEETING
WASHINGTON, U, S A
November 4, 2003
I. CALL TO ORDER - REGULAR MEETiNG:
II. ROLL CALL:
Members Present:
Mayor Wiggins
Councilman Braun
Councilman Campbell
Councilmember Erickson
Councilman Headrick
Councilmember Rogers
Councilman Williams
Staff Present: Other Staff Present:
Manager Quinn
Attomey Knutson ~ ~ ,~ ~r~j )~
B.Clerk Upton Collins
M. Connelly
G. Cutler
D. mcKeen
T. Riepe ~~- t - -
Y. Ziomkowski
I1/. PLEDGE OF ALLEGIANCE:
CITY OF PORT ANGELES
l-'/OR~]~LNGELES CITY COUNCIL MEETING
w ^ s., N ~ T O ,. u. s. ^. Attendance Roster
PLEASE SIGN IN
DATE OF MEETING: November 4, 2003
LOCATION: City Council Chambers
Please Note: IF I plan on testifying by signature below, I certify that my testimony is true and
correct under penalty of perjury by the laws of the State of Washington.
NAME: ADDRESS: I would like to
testify on
Agenda Item
No.
CITY OF PORT ANGELES
I?ORTANGELEs CITY COUNCIL MEETING
w ^ s.,. G T o., u. s. ^ Attendance Roster
PLEASE SIGN IN
DATE OF MEETING: November 4, 2003
LOCATION: City Council Chambers
Please Note: IF I plan on testifying by signature below, I certify that my testimony is true and
correct under penalty of perjury by the laws of the State of Washington.
NAME: ADDRESS: I would like to
testify on
(~ , /, Agenda Item
City of Port Angeles
pORTANG£LES Ordinance/Resolution Distribution List
WASHINGTON, USA
City Council Meeting of November 4~ 2003
Resolution No.
City Manager
ci, ^try.
Planning
City Clerk (2)
Deputy Clerk (1)
Personnel
Cust. Svcs.
Finance
Dir./Mgr.
Police Dept.
Fire Dept.
Light Dept.
Parks & Rec.
MRsc
PDN (Su~y)
Extra Copies
.~;0~
tOtA~
PROCLAMATION
In Recognition of
Karen McCormick
WHEREAS, IKaren McCormick has been named one of the "25 Most Powerfld Women in
Banking" b)' [ ;.3'. t3a~ker magazine; and
WHEREAS, Karen joined First Federal Savings and Loan Association as a te~er in 1977, and since
then has earned many titles, currendy the 2003 president of the Thri& Institutions
.Xdvisorv Council to the Federal Resetwe Board, has met for business dinners with Fed
Chairman Alan (;recnspan in Washington, D.C., setq,es as the western region
representative f~ r *.ashmgto ,, Oregon, Idaho, Montana and Wyonm,g; and
WHEREAS, Karen leads 145 fug-me and 15 part-me employees at F=st Federal, whicb bas
branches in Forks, Port Angeles, Sequ~, Port Toxvnsend, and now Poulsbo. Beyond
her Fkst Federal duties, Karen is vice chakman and board member of the Washington
]:inancial I.cague, chakman of the Washington CommuniU, Reinvcs~ent Associauon,
and a board member of the Association of Washington Business, and others duties too
WHEREAS, Karma organized a Peninsula-wide effort to initiate a housing-needs assessment and
wrote grant rcquests and raised funds for the pro~ect, with the Kiwanis Club honoring
bcr with its "Angel in Shirt Sleeves" award for creaang awareness of the need for
:~fforcbhlc housing; and
WHEREAS, Karcn has bccn involved with many local boards and adviso~T committees for the
comnaumty, one of which was for thc Ci~, of Port Angeles, which ~ed her to write the
mission statement for the CiD, fo~owing the closure of thc Rayonier m~ when leaders
city-wide rallied to improve the economy of our area. With hcr vast experience and
dcd~cauon to our tory the C~w CoBnc~ s especm~y apprecmUvc of her accomphshments.
THEREFORE, I, Glenn Wiggins, Mayor, on behalf of the CiW Council, do hereby urge all
cmzcns to join us m recognizing and honoring Karen McCor~ck, an outstanding business woman and
citizen of Port 'Mqgelcs. We are ovet~'hchmngly grateful and proud of a~ her accomphshmcnrs. Wc
th:ink her for all her efforts, and know she wi~ keep aspu'ing to help our communi~ in the coming
VCaYS.
PROCLAMATION
World Town Planning Day
November 8, 2003
WHEREAS, urban planning services provided in our community are an integral part of
creating a sense of place for people while preserving the rich natural
environment of the Olympic Peninsula; and
WHEREAS, permit review services facilitate community development for people
building homes, starting businesses, finding employment, and enjoying
public amenities safely and without unduly impacting their neighbors; and
WHEREAS, the positive impacts of planning on community livability need to be
understood by all members of the community, includ'mg residents,
business owners, government officials, and children, to further citizen
participation essential to democratic decision-making; and
WHEREAS, the valuable contributions sound planning make to the quality of life in the
City of Port Angeles and our ability to sustain land, water, and air
resources for present and future generations should be celebrated; and
WHEREAS, the community's attitude and understanding of the importance of the work
performed by public planners influences their effectiveness and
encourages qualified and dedicated professional staffto be retained on
behalf of the community; and
WHEREAS, World Town Planning Day was founded in 1949 in Buenos Aires,
Argentina, and will be celebrated on November 8, 2003, around the world
in 30 countries on 4 continents;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PORT ANGELES in consideration of the above findings to declare:
Saturday November 8, 2003, shall be known as "WORLD TOWN PLANNING DAY."
As Mayor, I urge all citizens, civic organizations, and private businesses to recognize and
honor the contributions of private citizens and public officials, who participate in the
planning processes that enhance the livability of our community.
November 4, 2003
Glenn Wiggins, Mayor
3
WASHINGTON, U.S.A.
CITY COUNCIL MEMO
DATE: ~NOVEMBER 4, 2003
TO: CITY COUNCIL
FROM: SAM MART1N~ ADMINISTRATIVE ASSISTANT
SUBJECT: VETERAN'S DAY RECOGNITION AND CEREMONY
Port Angeles is participating in the hosting of the Veteran's recognition at the Coast
Guard Airstation on November 11, 2003. Over the past years, each year I have
worked in coordination with the Coast Guard to petition the Veterans Day National
Committee in Washington, D.C. to designate Port Angeles as a regional site for this
celebration.
Only a handful of cities get this designation. The City of Port Angeles can be very
proud of their participation. It is a real honor to pay respects to our veterans on
their very special day. I submit this information for the Council agenda of
November 4 so everyone will be aware that they are invited to share this day at the
U.S. Coast Guard Air Station at 10:00 a.m., v~th ceremony startup at 10:30 a.m.
Respectfully,
Sam Martin
5
VETERANS Y
NATIONAL COMMITTEE
NOVEMBER 11
RECEiV~.U
AUG 1 2003
VETERANS DA ¥
City of Port Angeles
NATIONAL COMMITTEE The Honorable Glenn Wiggins
HONORARY CHAIRMAN Mayor of Port Angeles
.o.. OEOR~EW..US. 321 East Fifth Street
Presid~t of th. U.it~d States P.O. BOX 1150
CH~RMA. Port Angeles, WA 98362-0217
VICE CHAIRMAN Dear Mayor Wiggins:
~....~.,ofV.~.....A..~. It is my pleasure to present the enclosed Veterans Day 2003
HONORARY MEMBERS Regional Site Certificate for Port Angeles, Washington. I am
HON. DONALD .. RUMSFELD confident that your celebration of America's 50th annual Veterans
s~e,a,~of ~.r~o Day will set an example for the rest of the nat on to follow again this
HON. ARLEN SPECTER, Cheirma., y~¢~/
SenateC~lmitteeo~ Vetecans'Affeirs Sbcretar~ of Veterans Affairs Anthony J. Principi will inform
LeCHRISTOPHERcorm~ttee on vsterens'H' SMITH.AffaimChairman, your Governor of your selection as a Regional Site and encourage
HON. LANE EVANS. Ranki.g DemocrelJ¢ Mem~$r, support for your Veterans Day celebration. We have notified the
.0.,. Co~mi~,, ~ v~...~.e,~ Department of Defense of your selection and requested that a
MEMBERS milita~ liaison officer be assigned to coordinate local military
AR~A.ONAWUNION. US~ ceremonial support, As we have in the past, we will send you a
~o. co~s~o~o o~s ASSOC~T~N O¢ ~E usa
THE AMERICAN LEGION number of'Veterans Day posters as soon as they become available
P~R~'^RDOR SURWVO~S ASSGO~T,OH in September.
MA~INE CORPS LEAGUE
WOMEN'S ARMY CORPS VETERANS ASSOCIATION
PARALYZED VETERANS OF AMERICA If we can be of further assistance, please contact Diane
~,~^.~ORDERC~'EWOR~WARS ' Hartmann of my staff at vetsday@ma va gev or (202) 273-5756
THE RETIRED ENLISTED ASSOCIATION °
CO.~PE~S"~N^L.~D^~ O" 'O"OR SOC,~ On behalf of the Veterans Day National Committee, congratulations
T~E.O~,S.~"r,RED~O,o.OmCERSo. ^MER,c~ASSOCIAT'O"v~NS on your selection and best wishes for a successful celebration.
KOREAN WAR VETERANS ASSOCIATION
J E'~/ISH WAR VETERANS OF THE USA ~' ".zqinc=reh''
CA .OL,C WAR RANS j eff llips i,/
ASSOCIATE MEMBERS
GOLD ~TAR WtVES OF AMERICA Vice Chairman
vETeRANS oP~ V,~M WAR Veterans Day National Committee
¥ SE~BEE VETER~'~S OF AMERICA
~ORC~ S~O~.TS ASSOCIA~.O. Enclosure
7
DEPARTMENT OF VETERANS AFFAIRS {002C), 810 VERMONT AVE., N.W., WASItlNGTON, D.C. 20420
Area Code {202) 273-8109 http://www.va.gov/vetsda¥/
exxt of
This certifies that
Port Angeles, Washington
Veterans Day 9~gtional Committee
os a RegionalSite for the
Celebration of Veterans Day 2003
Secretary of Veterans Affairs
Chairman,
Veterans Day National Committee
pORTANGELES
WASHINGTON, U.S.A.
CiTY COUNCIL MEMO
DATE: November 4, 2003
TO: CITY COUNCIL
FROM: Glenn A. Cutler, Director of Public Works and Utilities--
SUBJECT: Water System SCADA Upgrades, Project 03-16
Summary: The City has negotiated a contract with S&B Inc. to upgrade the Water System's
Supervisory Control and Data Acquisition (SCADA) system.
Recommendation: Award and authorize the Mayor to sign a contract with S&B Inc. to
complete the necessary SCADA upgrades for an amount not to exceed $15~180.46.
Background/Analysis: In 1999, a contract with S&B Inc. was negotiated for the design,
acquisition, and installation of a Supervisory Control and Data Acquisition (SCADA) system for
the City's water system. Phase 1 of the work was completed that year, including the design ora
SCADA System and installation of monitoring and control facilities at the Elwha Ranney
Collector, Black Diamond Reservoir, Peabody Heights Reservoir and Mill Creek Pump Station.
A contract to complete Phase 2 of the SCADA System, which includes expansion to Jones and
'E' Street Reservoirs and the Elwha Emergency Valve, was executed in August 2001. Due to the
proprietary nature of the SCADA system and the need to have Phase 2 smoothly integrated with
Phase 1, a Sole Source Resolution authorizing S&B Inc. to be the provider of SCADA facilities
for the City's water system was approved by City Council on August 21,2001.
The SCADA upgrade project was identified in this year's budget. Work includes providing a
new graphical user interface (GUI) computer, a duty notebook computer, and associated upgrades
in operating and application sol, rare. Also, the system's communications capability will be
expanded fi.om a 4-channel dialer to an 8-channel dialer. This and other miscellaneous work will
be completed by S&B Inc. for an amount not to exceed $15,180.46.
There is $15,000 in the 2003 Water Utility budget for this work. The additional funds needed to
cover the maximum cost of the work will be from projected savings in the Water Utility budget.
It is recommended that the Mayor be authorized to sign a contract with S&B Inc. to complete the
necessary SCADA upgrades for an amount not to exceed $15,180.46.
N:~CCOUNCIL~FINAL\Water System SCADA Upgrades, Proj 03-16.wpd
pORTANGELES
WASHINGTON, U.S.A.
CITY COUNCIL MEMO
DATE: November 4, 2003
TO: CITY COUNCIL
FROM: Glenn A. Cutler, Director of Public Works and Utilities ~,,L/
SUBJECT: Multi-Agency Reciprocal Maintenance Agreement
Summary: Local Public Agencies have been meeting on a quarterly basis to identi~ ways to
cooperatively assist each other for construction and maintenance activities as well as purchasing
of supplies. A Multi-Agency Reciprocal Maintenance Agreement for labor, equipment, and
material has been agreed upon with the various agancies and is acceptable to the City.
Recommendation: Approve the Multi-Agency Reciprocal Maintenance Agreement and
authorize the City Manager to sign.
Background/Analysis: In August 2000, Clallam Transit hosted a program called "Agencies
Working Together." The intent of the program was for each agency to be able to cooperatively
assist each other by famishing each other labor, equipment and materials, on a reimbursable basis
for construction and maintenance activities. The agencies continue to work on issues associated
with supply purchases.
Committee members and/or attendees represent the following aganeies: Clallam Transit System,
City of Sequim, Port Angeles School District, Quillayute Valley School District, PUD No. 1 of
Clallam County, Port of Port Angeles, Olympic Medical Center, Port Angeles School District,
Clallam County, City of Forks, Peninsula College, Sequim School District and the City of Port
Angeles.
The Multi-Agency Reciprocal Maintenance Agreement will allow the City and the other agencies
to provide service to each other and jointly purchase fi.om each other's contracts. The City has a
number of Joint Purchasing Agreements with other cities and agencies. This saves time and
money when we do not have to develop specifications and advertise for bids. By utilizing
contracts from other agencies we eliminate the expenses while still ensuring the best buy.
N:\CCOIJ~rCILWFNAL~vfuIfi-Agency Reciprocal Maint~nmace Agreement.wlx[
13
pORTANGELES
W A S H I N G T O N~ U. S. A.
CiTY COUNCIL MEMO
DATE: November 4, 2003
TO: CiTY COUNCIL
FROM: Glenn A. Cutler, Director of Public Works and Utilities ~o~.~,
SUBJECT:. Award Contract for Downtown Signal Renovation, Project 03-01
S~mm~ry: Bids were opened for the Downtown Signal Renovation Project on September 30, 2003. The
bids have been reviewed and Signal Electric, Inc. of Kent, WA was the lowest responsible bidder.
Recommendation: Award and authorize the Mayor to sign the contract for the Downtown Signal
Renovation, Project No. 03-01, to Signal Electric, Inc. of Kent, WA in the amount of $301,368.00.
Background / Analysis:
Thc City of Port Angeles was successful in obtaining a Transportation Improvement Board (TIB) grant
for the Gateway Project in the amount of $I,500,000. A portion of thc grant application was for the
design and renovation of the downtown traffic signals. City Council approved a local agency agreement
with TIB in 1998 to begin the design and construction. Due to increasing maintenance problems and
delays in the Gateway Project, it was necessary to proceed with the replacement of the downtown signals
now.
The design for the downtown signal renovations was completed by Parametrix and the construction
project was advertised for bids. The project will renovate the six downtown signals on Front and First at
Oak, Laurel, and Lincoln along with the signal at First and Peabody. The renovations will include
installation of new controllers, vehicle and pedestrian signals, vehicle detection and counting devices,
and emergency vehicle detectors (Opticom) at each intersection.
Bids were opened on September 30, 2003 and four (4) bids were received. The result of the bid opening,
corrected as needed in accordance with the specifications and including applicable taxes, is as follows:
Contractor City Total Bid
(Including Applicable Taxes)
Signal Elec~c, Inc. Kent, WA $301,368.00
Transtech Electric, Inc. Kent, WA $403,849.00
Olympic Electric Co., Inc. Port Angeles, WA $456,890.00
Colvico, Inc. Spokane, WA $463,290.00
Engineer's Estimate ~ $594,650.00
]5
November 4, 2003 City Council
RE: Downtown Signal Renovation Project
Page 2
The lowest responsible bid, by Signal Electric, was considerably lower than the Engineer's Estimate.
Signal Electric was contacted and they confirmed the bid. In addition, Parametrix was contacted
regarding the Engineer's Estimate. They had checked with suppliers regarding the cost of materials,
however, the overall cost for the renovation was difficult to estimate. In view of this, they were overly
conservative with markup and contingencies to assure an adequate budget.
It is recommended that the project be awarded to Signal Electric, Inc. in the amount of $301,368.00 and
that the Mayor be authorized to sign the contract.
The eot:
TIB Grant $260,400
FTA Grant $41,600
Total Available Funds $302,000
The project was advertised in the Peninsula Daily News, Daily Journal of Commerce and on the
Washington Builder's Exchange website. Also the North Peninsula Builders' Association was notified.
N:\CCOUNCILWINAL'Oowntown Signal Renovation Proj. ~1, Award Cont~act.wpd
pORTANGEI, ES
W A S H ~ N G T O N, U.S.A.
CiTY COUNCIL MEMO
DATE: November 4, 2003
TO: CITY COUNCIL
FROM: Glenn A. Cutler, Director of Public Works and Utilities--
SUB.mC'r: Consultant Agreement, 8th Street Bridge Replacements Project 02-15
Summary: Negotiations have been completed with the selected consultant, Exeltech of Olympia,
WA., to provide engineering services for the 8th Street Bridge Replacements Project 02-15.
Recommendation: Approve and authorize the Mayor to sign the agreement with Exelteeh
of Olympia, Washington to provide engineering and related services for the 8t~ Street
Bridge Replacements Project 02-15 in the total amount not to exceed $2,698,836.57. Initial
authorization is limited to Phase 1 and Phase 2 services which provide for alternatives
analysis, environmental reporting, permitting, and preliminary engineering in the amount
not to exceed $1,084,819.83. The remaining Phase 3, final design, and Phase 4, construction
management, will each be brought back to Council for fee authorization and approval to
proceed when these phases are required.
Background/Analysis:
The engineering consulting firm of Exeltech, Olympia, WA has been selected to enter into fee
and scope negotiations for engineering services required for the 8* Street Bridge Replacements
Project 02-15. Selection team members were: Councilman Richard Headrick, Mike Horton of
WSDOT Local Programs, City Engineer Gary Kenworthy, Staff Engineers Jim Mahlum and
Terri Partch, and myself. Exeltech was selected as the firm most qualified to provide engineering
and related services for the project.
The Request for Proposals (RFPs) was advertised February 18, 2003. Proposals from seven
engineering firms were received by the April 4, 2003 deadline, and interviews were held May 21,
2003. Exeltech was selected as the most qualified firm to enter into scope and fee negotiations.
The fee negotiations have been successfully completed. Three firms (Wengler Surveying,
Olympic Design Works, and Entrix) are located or have offices in Port Angeles and will be
subconsultants on the project.
The project will have four phases as follows:
1. Alternatives and Type, Size, and Location (TS&L) Studies
2. Environmental Permitting and Preliminary Engineering
3. Final Design
4. Construction Management
17
Novembe~ 4, 2003 City Council
RE: 8~ St. Bridge Consultant Agreement
Page 2
The initial work will be restricted to Alternatives, TS&L, Environmental F~mitting and
Prelimina~ Engineering (Phases 1 and 2) in the amount of $1,084,819.83. This work will define
the type of bridges to be built and the required mitigation measures to protect the environment
during and after construction. Once this has been completed the scope and fees for the final
design (Phase 3), estimated at $812,433.49, will be revised as needed and the design will be
completed. As the final design is completed, the scope and fees for the construction management
(Phase 4), estimated at $801,583.25, will also be revised as needed. The phased approach reduces
the risks for the Consultant and the City. Exeltech's president, Santosh Kuruvilla, who will also
be the project director, will make a presentation to Council regarding his firm, project challenges,
community involvement, design altematives, and anticipated schedule.
The negotiated fees and percentages of the estimated construction cost ($11,500,000) for the
project phases are summarized in the following table:
Phase Cost Cumulative % Const. Cumulative
Cost Cost % Const.
Cost
1. Alternatives and Type, Size, $356,816.27 $356,816.27 3.10% 3.10%
and Location (TS&L) Studies*
2. Environmental Permitting $728,003.56 $1,084,819.83 6.33% 9.43%
and Preliminary Engineering
3. Final Design $812,433.49 $1,897,253.32 7.06% 16.50%
4. Construction Management $801,583.25 $2,698,836.57 6.97% 23.47%
A Management Reserve Fund in the amount of $50,000 is included in the initial )ha,se for unanticipated project
activities directed by the City. This directed work may be performed in any phase and will require prior written
authorization by the City.
The negotiated fees are within acceptable ranges for a project of this magnitude and complexity
and have been reviewed by WSDOT staff. WSDOT staffwill audit the consultants proposed
overhead rates and, if the proposed overhead rate is not supported, the rates will be adjusted
lower to conform with the audit results.
Funding for the project has been obtained through a Federal Bridge Replacement Advisory
Committee (BRAC) grant administered by WSDOT. As initially awarded, this grant was to
provide funding of 80% of the projects estimated cost ($16.2 million) with the City required to
provide a match of 20%. The City's match was a significant cost ($3.2 million) and we pursued
]8
November 4, 2003 City Council
RE: g~ St. Bridge Consultant Agreement
Page 3
altemative funding fi-om the Transportation Improvement Board (TIB) and other WSDOT local
programs grants which could provide fi-om 80% to 100% of the City's match. On October 28,
2003 a change in BP_AC funding was announced by WSDOT in which they would fund 100%
unobligatcd funding for bridges costing $10 million dollars or less. Since our BRAC funding
was awarded as two separate projects, the City's matching funds have dropped from the
anticipated $3.2 million to an estimated $380,000. Our reduced match is required only for those
preliminary engineering and design phases 1, 2, & 3 for which BP.AC funding had already been
obligated. This added funding was confirmed with the WSDOT local programs office. The
current budget includes $350,000 ($100,000 in 2003 and $250,000 in 2004) in Government Fund
allocations as City Matching funds for the 8~ Street Bridge Replacement Design. This will cover
all of the work for the initially authorized work in Phases 1 & 2, and most of Phase 3 which will
be authorized later.
A breakdown of the funding for each of the project phases is summarized in the following table:
Phase Cost BRAC * City Match Cumulative
City Cost
1. Altematives andType, Size, $356,816.27 $285,453.02 $71,363.25 $71,363.25
and Location (TS&L) Studies*
2. Environmental Permitting $728,003.56 $582,402.85 $145,600.71 $216,963.97
and Preliminary Engineering
3. Final Design $812,433.49 $649,946.79 $162,486.70 $379,450.66
4.1 Construction Management $801,583.25 $801,583.25 $0.00 $379,450.66
4.2 Construction Contract $13,501,163.43 $13,501,163.43 $0.00 $379,450.66
Total $16,200,000.00 $15,820,549.34 $379,450.66 $379,450.66
· Based on 80% BRAC funding through completion of design and 100% funding of the balance of the work. The
100% is from a revised BRAC funding program announced 10/28/03.
Under the terms of the BRAC grant the design process must begin within two years (July 2004)
and construction must begin within six years (July 2008) of the grant approval.
It is recommended that Council approve and authorize the Mayor to sign the agreement with
Exeltech of Olympia, Washington to provide engineering and related services for 8~ Street
Bridge Replacements Project 02-15 in the total amount not to exceed $2,698,836.57. Initial
authorization is limited to Phase 1 and Phase 2 services which provide for alternatives analysis,
environmental reporting, permitting, and preliminary engineering in the amount not to exceed
$1,084,819.83. The remaining Phase 3, final design, and Phase 4, construction management, will
each be brought back to Council for fee authorization and approval to proceed when the phases
are required.
N:\CCOUNCIL~FINAL\8th St. Bridge Consultant Agreement.wpd
19
8th Street Bridge
Replacements Project
Consultant Selection & Update
November 4, 2003
Presentation
· History
· Funding
· Consultant Selection Process
· Consultant Agreement Highlights
· 8t~ Street Bridge Design Approach &
Concepts
· Recommendation
History Perspective
· Timber Trestle Bridge - circa 1900
· Replacement -Timber Trestle Bridge - 1935
· Load Restrictions Posted 2001
· Directed to Proceed with Replacement 2002
~~ Funding
· Bridge Replacement Advisory Committee
(BP~C)
· Current BRAC Funding
Consultant Selection Team
· Richard Headrick, City Councilmember
· Michael Horton, WSDOT Local Programs
· Glenn Cutler, Director of Public Works
· Gary Kenworthy, City Engineer
· Jim Mahlum, Civil Engineer
· Terri Partch, Assistant Civil Engineer II
Consultant Selection Criteria
· Similar Experience
· Staffing & Sub-Consultants
· Project Understanding
· Staff Availability
· Project Management
2
Consultant Selection Process
· Request for Proposals (RFP) February 2003
· Received 9 responses April 2003
· Interviewed Firms April 2003
Berger/Abank EnO'anco
Exeltech, HDR
· Exeltech, Inc Selected May 2003
Consultant Agreement Development
· Detailed Scope Development
· Scope Task Cost Proposals
· Review Scope and Cost Proposals
· Prepare Final Agreement
~ ...... ~;~sultant Agreement
Four Phases
Initial Approval to Proceed
I. Alternatives and Type, Size, and Location (TS&L)
Studies
Environmental Pemri~ling and Pretimlnar3t
Engineering
Proceed upon Permit approvals and fee revision
3. Final Design
Proceed upon completion of Final Design and fee revision
4. Const~uctlon Management
Consultant Fees
Santosh Kumvilla, PE, SE, PMP
Project Director/President
EXELTECH, Inc.
Olympia, WA
Recpmmendation
· Approve and Authorize Contract with
Exeltech, Inc. - $2,698,836.57
· Authorize proceeding with Phases I and Il -
$1,084,819.83
Questions?
, {..1 ~
, -! .> ~ .~
1::
0 o ~
pORTANGELES
WASHINGTON, U.S.A.
CiTY COUNCIL MEMO
DATE: November 4, 2003
TO: CiTY COUNCIL
FROM: Michael Quinn, City Manager
SUi~J'~CT: Interlocal Agreement with Clallam County and Cities of Forks
and Scquim Regarding Distribution of SHB2060 Low Income Housing Funds
Summary: In 2002, the State Legislature established a surcharge of $I0.00 on each recorded
document in the County Auditor's office in order to generate funds for low-income housing projects.
The legislation included the requirement that an Interlocal Agreement between the County and the
cities within the County be entered into for the administration of those funds.
Recommendation: That the City Council authorize the Mayor to sign the Interloeal
Agreement with Clallam County and the Cities of Forks and Sequim regarding distribution
of SHB2060 funds.
Background / Analysis: SHB2060 was adopted in 2002, establishing a surcharge for low-
income housing projects. A surcharge orS 10.00 is collected by the County Auditor on each recorded
document, in addition to the other charges already imposed for document recording. The Auditor
may retain up to five percent of the funds collected to cover the administration costs for the
collection of the funds. In addition, forty pement of the funds collected are transmitted to the State
Treasurer for deposit into the Washington Housing Trust Account. The remaining sixty percent is
to be retained by the County for use by the County and its cities and towns for housing projects or
units within housing projects that are affordable to very low-income persons with incomes at or
below fifty percent of the area median income. The portion of the surcharge retained by the county
is to be allocated to very low-income housing projects or units within such housing projects in the
county and the cities within a county according to an interlocal agreement between the county and
the cities within the county, consistent with countywide and local housing needs and policies [my
emphasis). It is for this reason that Clallam County is now asking that we enter into the Interlocal
Agreement; it has already been approved by the Cities of Forks and Sequim, and it enables the
disbursement of funds in all of Clallam County and its cities.
Exhibit A of the Interlocal Agreement establishes the funding process to be followed, to include
involvement on the part of United Way for evaluation and recommendation purposes, as well as the
Clallam County Housing Authority for fund administration. Revenue projections for Clallam
County are $65,000 - $85,000 per year. However, for 2003, revenues are estimated to be from
$25,000 - $35,000 due to a reduced collection period; applications will be considered on an annual
basis. A~achments
21
G:\CNC LPKTxC TYMGR~Intcrlocal-Coun ~y.wpd
1INTERLOCAL AGREEMENT
REGARD][NG D[~ I KJBU'I'JON OF SHB2060 FUNDS
THIS INTERLOCAL AGREEMENT REGARDING THE Dl$'/KIBU~ON OF SHB2060 FUNDS hereinafter
referred to as the'Agreement~ is entered into by and between Clallam County, the Cities of Forks, Port Angeles
and Sequim.
WHEREAS, dudng the 2002 legislaldve season Substitute House Bill 2060 (SHB2060) was passed
recognizing housing affordabilEy as a significant problem for a large portion of society in many parts of
Washington Sta~e, and
WHEREAS, SHB 2060 establishes a $10.00 surcharge to be collected by the County Auditor for each
recorded document, which will be in addition to any other charge authorized by law, and
WHEREAS, the Auditor may retain up to five percent (5%) of the funds collected to administer the
collection of these funds, and
WHEREAS, of the remaining funds, forty percent (40%) of the revenue generated by this surcharge will
be transmitted to the state treasurer who will deposit the funds into the Washington housing trust account, and
WHEREAS, sixty percent (~0%) of revenue generated through this surcharge will be retained by the
County and be deposited into a fund that must be used by the County and its dries and towns for housing or
units within housing projects that are affordable to very iow-income persons with incomes at or below fifty
percent of the area median income, and
WHEREAS, the remainder of the surcharge collected will be transmitted to the State for statewide Iow
income housing programs, and
WHEREAS, that portion of the surcharge retained by the County shall be allocated to very iow-income
housing projects through an interlocal agreement between the County and the clues within the County,
consistent with countywide and local housing needs and polides.
WHEREAS, Housing Providers in aallam County have reached consensus that U~ attached Exhibit A is
~ process by which these funds shall be administered.
NOW, THEREFORE, BE ~' RESOLVED through this intedncal agreement that the dties of Forks, Port
Angeles and Sequim and Clallam County hereby agree that Iow-income housing funds generated by SHB20~0
shall be administered as set forth in Exhibit A.
This intedocal agreement shall remain in full effect until terminated by the par'ties.
PASSED AND ADOPTED THIS DAY OF ,2003
Mayor Nedra Reecl, U. iY OF FORKS (Step'~e~;. Thari~ger, ~--~air "- '
Mayor Glenn Wiggins, Miche/c-~J,~'. Chapma...B~
C~TY OF PORT ANGELES ~/?~Z-'~t.~ ~ ,
Howard V. Doherty, ]r.
Mayor Wait Schubert
ul Y OF SE~UIM ,&~l?zmm~ u to tlmz~m: /jlj~
-- 22
Original # __! of six (6) originals j:\us¢~s~bmmin~sha~\administ~aliea~is~l~.(h~) in~'~ ~mmmm~aL~O¢
EXHZBTT A
SHB2060 FUND~[NG PROCESS
1. Applications for SHB2060 funding shall be required to show how the program addresses
the ConUnuum of Care goals and pfiodUes.
2. The Clallam County United Way will evaluate applicaUons for SHB funding on an annual
basis, to make funding recommendations to the Board of Commissioners. This evaluation
shall determine whether the proposals meet the requirements of the statute, and shall
rank the proposals on the basis of how effectively they address the priorities and goals set
forth in the Continuum of Care developed by the Shelter Providers Network.
3. The Board of Commissioners shall receive the recommendations of the United Way and
make final determinaUons of award.
4. Through an interlocal agreement with the County, the Housing Authority of Clallam
County will administer the SHB2060 program. This will include disseminating information
about the program, developing and distributing application forms, reviewing
reimbursement requests and authorizing payment to project awarded funding, and
making status reports to the County on an annual basis.
23
Original # __ of six (6) originals j:\us~rs\bmar~in\sl~drninis~tion\issucs~shl~2060 intcrlo~al a~r¢crncm.~:~
pOR?ANGELES
W A $ ["] I N (~ T O N, U.S.A.
CITY COUNCIL MEMO
DATE: November 4, 2003
TO-' CITY COUNCIL
FROM: Glenn A. Cutler, Director of Public Works and Utilities ~
Strm-Ec'r: Contract for Entryway Street Trees, Project 03-19
Summary: Bids were opened for the Entryway Street Trees Project on October 27, 2003. The bids have
been reviewed and Aldergrove Construction of Port Angeles, WA was the lowest responsible bidder. The
two bids received were considerably over the Engineer's Estimate and the budgeted funds for the project.
Recommendation: Reject the bids and direct staff to readvertise in 2004.
Background / Analysis:
The Entryway Street Trees are ongoing projects to improve the entrance to the City. The 2002, 2003, and
2004 budgets have included $25,000 each year for these improvements. In 2002 the trees were included
as part of the sidewalk project on Front Street. This is an efficient use of the City's limited funds to
obtain grant and loan funding for larger projects. In 2003 there were no grant opportunities to use thc
street tree funds and it was requested that the project proceed as a separate project. Working with the
Parks Department, potential tree locations along Front Street were determined and plans were prepared
for bidding. Plans and specifications were sent to all fourteen (14) contractors identified on our small
works roster for this type of work. The North Peninsula Builders' Association was also notified of the
project.
Bids were opened on October 27, 2003 and only two (2) bids were received. The result of the bid
opening, corrected as needed in accordance with the specifications and including applicable taxes, is as
follows:
Contractor City Total Bid
Aldergrove Construction Port Angeles, WA $34,839.97
Bcstscape Scquim,WA $37,626.33
Engineer's Estimate $27,266.00
25
November 4, 2003 City Council
RE: En~'yway Street Trees
Page 2
The lowest responsible bid, by Aldergrove Construction, was considerably higher than the Engineer's
Estimate and exceeds funds available.
There are several options to consider in view of the bids received. One option is to allocate addition
funds and award the project. A second option is to award the project and direct staff to negotiate a
reduction in the number of trees (20 to 14+/-) to remain within the budgeted funding. The final option is
to reject the bids.
It is recommended that Council reject the bids and direct staffto rebid the project in 2004, combining the
2003 and 2004 work into a single action.
N:\CCOUNCILXFINAL~Entryway Street Trees Proj. 03-19.wpd
26
CITY COUNCIL MEETING
Port Angeles, Washington
October 21, 2003
CALL TO ORDER - Mayor Wiggins called the regular meeting of the Port Angeles City Council to order
REGULAR MEETING: at 6:00 p.m.
ROLL CALL: Members Present: Mayor Wiggins, Councilmembers Braun, Campbell,
EricSon, Headrick, Rogers, and Williams.
Members Absent: None.
Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, B.
Collins, M. Connelly, T. Riepe, Y. Ziomkowski, K. Miller,
A. Brusseau, D. Estes, T. Reid, C. Hagar, J. DeFrang, D.
Morse, K. Ridout, J. Mason, S. Johns, S. Roberds, and K.
Dubuc.
Public Present: P. Lamoureux, F. Norton, J. Wilson, J. Pittis, K. Siemens,
B. McGuire, C. Kidd, D. Morcison, K. Morrison, S.
Lorance, D. Frizzell, B. Roberds, R. Anderson, B. & M.
Aveffil, and S. Kuruvilla. All others present in the
audience failed to sign the roster.
PLEDGE OF The Pledge of Allegiance to the Flag was led by Councilman Braun.
ALLEGIANCE:
PUBLIC CEREMONIES, 1. Quarterly Chamber of Commerce Report by Russ Veenema, Executive
PRESENTATIONS AND Director:
PROCLAMATIONS:
Russ Veenema, Chamber of Commerce Executive Director, presented the 3ra Quarter
Chamber of Commerce report, initially focusing on recently featured events that proved to be quite successful:
Report The Wine Stop at Olympic Cellars, Heritage Weekend, Strait Thunder Hydro Races,
and the Dungeness Crab & Seafood Festival. Recent advertising efforts via TV spots,
the electronic billboard, and radio have drawn favorable comments from the public.
The advertising campaign for 2004 will involve similar efforts, the details of which will
be presented to the Chamber Board in the near future. He expressed hope that more
special event groups will work with the Chamber on advertising in order to accomplish
consistency and to share marketing dollars.
Mr. Veenema distributed statistical information to the Council, reviewing the room tax
collections for the first I0 months of 2003, which reflect a 4% year-to-date decrease
compared to 2002. He reviewed comparative statistics on sales tax, occupancies, web
site visits, and Information Center door count. Discussion ensued, and Mayor Wiggins
noted that, considering the economy and other factors, the City should be quite pleased
with the tourism numbers. Councilman Williams observed that Mr. Veenema is likely
relying on the remaiffmg $28,000 in additional funding for 2003. Mr. Veenema agreed,
noting he had been concerned with the reduced revenue and wanted to be certain there
was no deficit at the end of the year. Mr. Veenema then clarified for Councilman
Williams that the tax revenues reflect actual year-to-date receipts. Councilmember
Rogers informed the Council that she received several favorable telephone calls from
97
CITY COUNCIL MEETING
October 21, 2003
Chamber of Commerce colleagues in the greater Seattle area regarding the fall advertising campaign.
Report (Cont'd)
Waterfront Ambassadors 2. Waterfront ,,lmbassadors:
Parks & Recreation Director Connelly indicated that volunteers are the cornerstone of
success, particularly as relates to the Waterfront Ambassador program just
implemented this year on the Waterfront Trail. He cited a quotation from an unknown
source that "volunteers are not paid, not because they are worthless, but because they
are priceless", adding that they have enhanced the quality of life in Port Angeles.
Dan Estes, Special Events Coordinator, advised the Council that a Waterfront
Ambassador is an official representative of the City and area businesses on the
waterfront from the Valley Creek Estuary Park to beyond the Francis Sheet Park. The
Ambassadors greet visitors, provide directions, and provide any other informationthat
may enhance someone's visit. The Ambassadors also serve as the eyes and ears of the
area by providing information to the City on areas that may need maintenance,
cleaning, and the like. The year's program commenced in August and has logged
almost 300 hours. Thanking the volunteers for their many contributions, Mr. Estes
introduced those present in the audience: Harriet Herzog, Dan Hart, Barbara Hart, Bill
Sohlberg, Mary Sohlberg, Bill Helwick, Nancy Halwick, and Geri Braun. Unable to
attend this evening were Ambassadors Lee Carlson, Irene Estes, and Jeanne Rolley.
School Essay Winners re. 3. School Essay Winners re. Diversity:
Diversity
Mayor Wiggins announced that the School District essay contest was spawned by the
Multi-Cultural Task Force, and the winners are being honored this eveinng. Gary
Cohn, Port Angeles School District Superintendent, indicated there were approximately
200 participants in the contest, representative of Grades 2, 3, 4, and 5. Dr. Colin
chronicled how the contest was implemented in that the National League of Cities
sponsored Race Equality Week to commemorate the 40t~ Anniversary of Martin Luther
King, Jr.' s, I Have a Dream speech. The Multi-Cultural Task Force decided to sponsor
the essay contest in the School District, using the State WASL format, with selected
topics on racial equality. A subcommittee made up of volunteers from the City's Task
Force, as well as volunteers from the School District's Multi-Ethnic Committee,
assisted in judging the essays. Dr. Colin and Mayor Wiggins created an additional
incentive such that any class having complete student participation in the essay contest
would be treated to ice cream, to be served by the Mayor and the Superintendent. Four
classes achieved that level of excellence. Dr. Colin reviewed the topics selected for
each grade level, after which School Board President Charlie MeClain added this was
an excellent opportunity for the School District to work with the City. The response
to the essay contest was overwhelming in terms of participation, and he was extremely
pleased with the quality of the essays submitted.
The three then presented certificates to the winners from each grade. Grade 2: Kendall
Clotfelter, Makayla Lopez, and Sara Catract. Grade 3: Dylan Wickersham (unable to
attend), Elspeth Chamo, and Brian DeFrang. Grade 4: Courmey Lemon, Cormor Reid,
and Riley Harmam. Grade 5: Rebecca Ramsey, Erika Hughes, and Sharellee McBride.
Dr. Colin recognized the students' teachers: Ms. Grimes, Ms. Hill, Mr. Burnett, and
Ms. Biasetl, and he then asked that all students and parents stand for recognition.
Presentation of 4. Presentation of Certifications to Officer Allen Brusseau and K-9 "Kilo "for
Certifications to Officer Completion of K-9 Training:
Allen Bmsseau and K-9
"Kilo" Police ChiefRiepe made introductory remarks concerning the success of the City's K-9
Program that started approximately 7 years ago under the direction of Corporal Kevin
Miller. It was possible for a second dog, "Kilo", to be acquired by the City, due to the
generous donation~a very humble lady present this evening, and it is intended that
-2-
CITY COUNCIL MEETING
October 21, 2003
Presentation of "Kilo" will be commissioned at this evening's meeting. Corporal Miller provided a
Certifications to Officer perspective on the K-9 Program whereby officers are less likely to get into foot chases
Allen Bmsseau and K-9 and other dangerous situations, because tracking dogs can provide assistance in
"Kilo" (Cont'd) locating, searching, evidence finding, and the like. In spite of being abused and
attacked by suspects, his dog has over 150 felony captures, and he has saved City
officers from being hurt and costing the City tax dollars. The dog has had over 500
felony drag arrests and has located a murder suspect, evidence of the success of the
program.
Corporal Miller introduced Officer Bmsseau and "Kilo", who just graduated from
training and has already experienced his fa'st felony capture. "Kilo" will soon be
undergoing narcotic training. Corporal Miller described the nature o f"Kilo's" ~:aiinng,
the success of which can be atm~buted in large part to the volunteers who assisted
throughout. He recognized Councilman Braun's active participation in getting the
program implemented in 1996. The volunteers who committed so many hours to the
trainingprocess were presented withplaques: Jessica Strauss; Mike Hill, SequimPolice
Department; and Dan Morse, Port Angeles Police Department. Unable to attend were
Morgan Wilson and Trevor Dropp. Mayor Wiggins presented "Kilo" with h/s badge,
and certificates were presented to Officer Bmsseau and Officer "Kilo" for graduation
from the Canine Academy. Ms. Frances Lyon was honored for her substantial
contributionto the K-9 Program. Councilman Braunbrieflyreviewed the K-9 Program
since its inception, noting Corporal Miller's contributions and hard work that resulted
in the initial contribution from Arco.
Bill Laitner Introduction - 5. Bill Laitner Introduction - National Park Superintendent:
National Park
Superintendent Mr. Bill Laitner, newly appointed Superintendent of Olympic National Park, thanked
the Council for the opportunity to address the group. Of the almost 400 National Park
Service areas, he indicated that Olympic National Park is Number One, and he
expressed pleasure at being assigned to this area. His job entails the preservation of
everything in the Park, to include the natural wonders, wildlife, animals, plants, and the
scenic beauty. The other port/on of his job involves the provision of enjoyment for the
public. Superintendent Lait~er indicated that, since his arrival, he has experienced the
first big frre since 1988, drought, and now floods. He welcomed everyone to come to
the Park and have a good time; he emphasized the Park belongs to the citizens, from
whom he welcomes differing opinions and views.
Mayor Wiggins mentioned the two main issues involving the National Park and the
City: removal of the Elwha Dams and the efforts of the Hurricane Ridge Public
Development Authority. Superintendent Laltner was aware of the effort to remove the
dams, noting the commumty has come together in the interest of salmon restoration.
Regarding the Hurricane Ridge PDA, he indicated he was looking forward to seeing
the ski area in operation for the first time. Mayor Wiggins noted Councilman
Campbell's contributions to the Elwha Dam issue over the years, expressing hope that
he would be willing to continue in an advisory capacity as the endeavor progresses.
Superintendent Laitner agreed that such a valuable resource should not be lost.
Break Mayor Wiggins recessed the meeting for a break at 6:53 p.m. The meeting reconvened
at 7:05 p.m,
PUBLIC HEARINGS - Street Vacation Petition - STV 03-02 - Port Angeles School District: Vacation of the
OTHER: 12/13 ,~lley between Chase and Lincoln Streets:
Street Vacation Petition - Community Development Director Collins summarized the Street Vacation petition
Port Angeles School submitted by the School District, which has been recommended for approSal by staff
District and the Planning Commission. During the reconstruction of the ma'm school structure,
Ordinance No. 3147 a survey revealed that this right-of-way was inadvertently not included in a street
vacation of 1922. ~en the matter was discovered, the School District asked the City
-3-
CITY COUNCIL MEETING
October 21, 2003
PUBLIC HEARINGS - to vacate the property so that fire could be cleared to avoid future issues. The Real
OTHER: Estate Committee met and considered the request and recommended there be no
compensation associated with this particular vacation in keeping with the original
Street Vacation Petition - vacation.
Port Angeles School
District Mayor Wiggins opened the public hearing at 6:53 p.m. There being no public
Ordinance No. 3147 testimony, Mayor Wigl~ms closed the public hearing at 6:53 p.m. and read the
Ord'mance by title, entitled
ORDINANCE NO. 3147
AN ORDINANCE of the City of Port Angeles, Wash'mgton, vacating the twelve/thirteen alley from Lincoln Street to Chase Street.
Councilman Braun moved to adopt the Ordinance as read by title, citing Findings
1 - 8 and Conclusions A - C, as set forth in Exhibit "A', which is attached to and
becomes a part of these minutes. The motion was seconded by Councilman
Campbell and carried unanimously.
WORK SESSION: None.
LATE ITEMS TO BE Mayor Wiggins asked that discussion regard'mg the Graving Dock be added as Agenda
PLACED ON THIS OR Item 1.3.
FUTURE AGENDAS:
Jesse Wilson, President of Clallam County Citizens for Safe Drinking Water, 1025 W.
11 ~h, presented a statement to the Council on the subj eot o f fluoride. On August 12-13,
2003, a meeting sponsored by the United States EnvironmentalProtection Agency was
convened at the National Academy of Sciences Building in Washington, D.C., to
discuss the Board on Environmental Studies and Toxicology's program studying
environmental pollution problems affecting human health. The National Research
Council's Division on Earth and Life Studies, concerned itself with an important EPA
t r"
sponsored project entitled, "Toxicologic Risk of Fluoride in Drinking Wa e . Mr.
Wilson indicated that the focus is to investigate the total exposure to all orally ingested
fluoride sources including food, toothpaste, dental rinses, and water fluoridation. He
felt it would be the prudent eom'se of action for the fluoridation of Port Angeles water
to be put on hold until the National Research Council subcommittee's conclusions are
issued.
Paul Lamoureux, 602 Whidby, referencing informationalmaterials he had provided to
the Council on an earlier date, expressed displeasure at the lack ofcommunicationhack
from the Councilmembers. Mayor Wiggins advised Mr. Lamoureux that this portion
of the Council agenda provides an opportunity for the public to come forward and
express themselves on their own views. This is not, however, an appropriate time for
the Council to enter into an exchange with the public. Councilman Williams expressed
willingness to communicate via e-mail if Mr. Lamoureux would provide the proper
address, and Councilmember Rogers felt she communicated with Mr. Lamoureux on
a fairly regular basis; however, she felt that some of the materials provided do not
necessarily call for action. Mr. Lamoureux felt more communications are in order on
such matters as electric rates and stormwater. He felt the citizens should be made
aware of the means by which the City intends to bill for stormwater, and Mayor
Wiggins, Councilmember Rogers, and Manager Quinn clarified that the City has a
process through which the stormwater issue is proceeding. The matter has been under
consideration at the Utility Advisory ComnUttee level and has not yet been forwarded
to the Council. It is fully intended that public input will be sought at the appropriate
time.
30
CITY COUNCIL MEETING
October 21, 2003
FINANCE: 1. Replacement of Copy Machines:
Replacement of Copy Finance Director Ziomkowski summarized the upcoming expiration of photocopy
Machines equipment leases, and she reviewed quotes obtained from three vendors for
replacement equipment, also on a lease basis. In the ensuing discussion, Finance
Administrative Assistant Hagar clarified rates for the machines, noting that a higher
volume typically results in a lower rate per copy. Couneilmember Rogers moved to
lease the seven copiers/printers from ABS. The motion was seconded by
Councilman Braun and carried unanimously.
Award 2003 Sewer 2. Award 2003 Sewer Repairs, Project 02-23:
Repairs
Deputy Director of Operations Ridout reviewed the proposed contract for 2003 sewer
repairs, noting the three areas in which repairs are to be conducted. Councilman
Campbell moved to accept the recommendation to award and authorize the
Mayor to sign the contract for the 2003 Sewer Repairs, Project No. 02-23, to
Kuchan Construction Company, Inc., of Port Angeles in the amount of
$116,436.18. The motion was seconded by Councilman Headriek and carried
unanimously.
CONSENT AGENDA: Referencing the City Council minutes of October 13, 2003, CounciLman Headrick
asked to change language in the motion from "five lots on Valley Creek" to "five lots
on Valley Street through negotiation". Also, Manager Qmnn noted an incorrect check
list had been included in the Council packet; the correct list was distributed to the
Council. Mayor Wiggins asked that Council review the list and bring any questions to
the next meeting. Councilman Braun moved to approve the Consent Agenda, to
include: 1.) City Council Minutes of October 7, 2003 regular meeting, October 13,
2003 special meeting [as corrected], and Gateway Review Team Com.mittee Meeting -
September 12, 2003 minutes; 2.) Expenditure Approval List - October 10, 2003 -
$639,835.60; 3.) Electronic Payments - October 10, 2003 - $1,945,425.95; 4.) Trail
Advisory Appointtnant to County; and 5.) Accept Laurel Street Slide Repair, Project
96-05. The motion was seconded by Councilman Williams and carried 6 - 0, with
Councilman Campbell abstaining due to absence from the October 13, 2003,
meeting.
CITY COUNCIL Mayor Wiggins attended a recent forum on the Patriot Act, and he asked that someone
COMMITTEE from the Council plan to attend the Serenity House function this coming Friday.
REPORTS & Councilman Braun agreed to attend.
CALENDAR:
CouncilmanBraun attended meetingsofthe ClallamTransit Board, the AWC Regional
Conference, a meeting of the Real Estate Committee, the Highland Courte open house,
a Gateway Review Committee meeting, and the Valley Creek Estuary dedication.
Councilmember Rogers shared that, this past month, Computer Source magazine
interviewed different cities related to technology. Both she and Tim Smith were
interviewed, as Port Angeles is now on thc map for becoming a technology-related
town. A series of technology seminars are being offered through the Tech Cluster, the
first ofwhichwas just completed on E-Bay; the seminars have been very well attended.
She has continued her Congressional and State liaison work on City-related issues, and
she was pleased to announce that the Gateway Review Committee approved the design
for the Gateway project. Final costs willbe forthcoming in approximately three weeks.
Efforts on land acquisition must proceed. Councilman Braun offered kudos to
Councilmember Rogers for her efforts in this regard.
Councilman Williams attended the Port Angeles Business Association meeting for a
presentationby CouncilmemberRogers. The group collected approximately $700 for
the undergroundproject. He also attended the informational meeting held on fluoride.
31
CITY COUNCIL MEETING
October 21, 2003
CITY COUNCIL Councilman Campbell offered kudos to the Story People of Clallam County for a very
COMMITTEE successful festival; attendees came from all over the U.S. and Canada.
REPORTS &
CALENDAR: (Cont'd) Councilman Headrick attended a conference of environmental engineers regarding
watershed practices, at winch time he discussed the City's efforts in the Valley Creek
area. The conference was sponsored by the North Olympic Land Tmst.
ORDINANCES NOT None.
REQIIRING PUBLIC
HEARINGS:
RESOLUTIONS: None.
OTHER 1. Appeal of a Determination ofNon-Significance lssued for a Duplex in the RS-
CONSIDERATIONS: 9 Zone:
Appeal of Determination Councilman Headrick recnsed himself from the appeal consideration and departed the
of Nen-Siginficance for Council Chambers at 7:45 p.m. Attorney Knutson made introductory comments ora
Duplex in RS-9 Zone procedural nature having to do with the Appearance of Fairness Doctrine, why this is
a two-part appeal, and what the roles and order of presentatiun will be for the actual
appeal. With regard to the Appearance of Fairness Doctrine, Attorney Kautson advised
the Council that this is a quasi-judicial matter before the City Council; therefore, the
Appearance of Fairness Doctrine applies. This is why Councilman Headrick
disqualified himself, as he is related to one of the parties involved.
In addition, two Councilmernbers spoke briefly with DeparUnent of Commumty
Development staffprior to this meeting and, under the Appearance of Fairness Doctrine
as set forth in State Statute, Attorney Kautsun indicated that the Councilmembers
should disclose the nature of their discussions with staffand assure the parties that they
will not consider that information during this matter unless it comes before the Council
as part of the presentations. In accordance with the Doctrine, when there is a quasi-
judicial matter, the Council must only consider information that is presented during the
appeal. In one instance, Councilman Braun raised a question to staffabout drainage.
Before he received an answer to that question, staffinformed Attorney Knutson of the
discussion, and he instructed staff that the information should not be relayed.
Councilman Braun verified that Attorney Knutson's statements were accurate.
In the other instance, Councilman Williams asked questions of Plannhag staff.
Councilman Williams subsequently informed Attorney Kautsun that he would not
consider that information this evening unless it was introduced during the appeal.
Councilman Williams stated this was accurate, and he relayed the nature of the
questions he had posed. One had to do with Page 83 of the packet pertinent to the three
indicators of a wetland, and the second, on Page 107, referenced SEPA #1000 and
whether objections had been raised. He was told there were none. Attorney Knutsun
indicated that, after discussing this with the appellant's attorney, there would be no
objection to either Councilmember considering this matter. However, since the
appellant's attorney will proceed first, he will be free to raise any objection at that
point.
Attorney Knutson then explained why this is a two-part appeal. Referencing Page 81
of the packet, he noted the memo regarding an appeal of a Determination of Non-
Significance, which falls under the State Environmental Policy Act. Secondly, he
referenced the memo on Page 125 regarding an appeal of approval of a Conditional
Use Permit. Those two matters constitute the two appeals being heard this evemng.
Preliminary discussions were held with all parties, and it was agreed that both parts of
the appeal would be addressed during their presentations. However, when it is time for
the Council to make a decision, the first decision must be made on the DNS Appeal.
If the Council should determine that the DNS was substantively correct, then Council
CITY COUNCIL MEETING
October 21, 2003
OTItER should proceed to a decision on the Conditional Use Permit portion of the appeal.
CONSIDERATIONS: Attorney Knntson indicated that, if the Council were to decide that the DNS was not
(Cont'd) appropriate and that an Environmental Impact Statement should be required, then that
would end matters and, in essence, the consideration of the Conditional Use Permit
Appeal of Determination would be moot. This is because the City would then have to do an ElS. He explained
of Non- Significance for that, under the State Environmental Policy Act, the City must determine if there would
Duplex in KS-9 Zone be any action that could potentially affect the environment in a significant way. This
(Cont'd) determination undergoes what is called a threshold determination process, and the City
has to decide whether the action before it is significant enough that a full
Environmental Impact Statement should be required, In this case, the Depamnent of
Con,anumty Development Director, as the City's Responsible Official under SEPA,
decided that an lEIS should not be required, so he issued a Determination of Non-
Significance. That determination has been appealed.
Attorney Knutsonindicated that, with State land use planning laws developed in recent
years, there has been an effort on the part of the State Legislature to sh'eamline land use
processes, resulting in the consolidation of SEPA determinations with the underlying
substantive determination. So, in this case, the reason why there are two separate issues
is because State law has dictated that these types of matters must be handled
concurrently. The City Planning Commission had to make its decision on the
Conditional Use Permit so that both decisions - the DNS and the CUP - could be
considered together if they were both appealed. The plaunmg Commission decided to
issue the Conditional Use Permit, so that constituted another action that was essentially
in favor of the applicant. The same party that originally appealed the DNS also
appealed the Conditional Use Permit so, when the second appeal on the CUP was filed,
the City consolidated both for coasideratiun by the Council.
With regard to the third part of the procedural issues, Attorney Knutsun addressed the
requirement that this is considered a closed record appeal, which is another effort on
the part of the State Legislature to streamline these kinds of proceedings. The State
Legislature decided that there should be only one public hearing on these matters. The
public hearing was held before the Planning Commission, at which time the public was
able to present testimony and evidence. Because there is no longer an opportunity for
a public hearing, this is considered to be a closed record appeal, which means the
parties are entitled to present argument to the Council with just one spokesperson for
each party. The general public is not allowed to present evidence, and the parties
involved are not allowed to present any further evidence either. They are obligated to
base their arguments on the record that was created before the Planning comnUssion.
Attorney ICnutson informed the Council that the parties involved agreed that the
appellant, represented by Attorney Craig R/tchie, would proceed first. The Department
of Community Development Director would follow, representing the position of the
Planning Commission, the staff, and the applicant. It was Attorney Knutson's
understanding that the applicant would not be addressing the Council, as he felt no
additional presentation was necessary. Then, since the appellant has the burden of
proof in this matter, Mr. Ritchie would be entitled to a rebuttal at the end.
Craig Ritchie, attorney representing Virginia DelGuzzi Frizzell, advised the Council
that, to some extent, the appellant is saying not in my backyard, because the backyard
is a wetland. The record shows what the land was like and, although the Council has
been told there are two options - approve the DNS or reqwtre an EIS - there is a third
option of a mitigated declaration of non-significance which might require some
remedial action by addressing the wetland. Mr. Ritchie related that the concern is that
the Plamfing Commission's approval of the duplex in and of itself shows there isn't and
wasn't any planning on where duplexes should be located in this particular zone. He
argued that the Planning Commission could approve the location of duplexes anywhere,
which is the antithesis of the reason for zoning. He submitted that the reason for zoning
is so that people can be secure that the property they purchase will be used for the types
CITY COUNCIL MEETING
October 21, 2003
OTItlgR of uses for which they purchased the property unless and until there is a rezone. Mr.
CONSIDERATIONS: Ritchie indicated that, in this instance, the zoning is for a single-family residence with
(Cunt'd) an adjacent vacant lot that is a wetland. But, the lot was then being filled, and the
Planning Commission subsequently approved a duplex. He felt that the rationale used
Appeal of Determination by the Planning Commission was to approve a duplex wherever they may choose. He
of Non-Significance for felt that any person who buys land, and relies on the zoning of the land he buys, is at
Duplex in RS-9 Zone a loss as to what the land will be used for because there are no consistent standards.
(Cont'd) Mr. Ritchie felt that the only standard is that which is determined by the Planning
Commission.
The difficulty with this particular project and the reason for objecting to the impact
statement was that it didn't consider everything appropriately but, rather, it was
considered in a piecemeal fashion. Mr. Ritchie indicated there was a filling of land that
was allowed by the City earhar and, at that time, the City failed to consider why the
land was being filled and whether it related to some future plan for the property. The
property owner did ultimately submit a plan m the City which required a Conditional
Use Permit. Mr. Ritchie felt the City failed to follow a process of reviewing the likely
impacts of its decision earlier to allow the filling cfa wetland and whether there should
be some type of mitigation. He felt that, for instance, the City could have allowed the
filling of the land under the condition that it be done so for a single-family residence
that would fit in the neighborhood. He suggested that the matter be remanded to the
Planning Deparlment for a mitigated declaration of non-significance stating there may
be building on the property, but it needs to be a single-family, not multi-family
residence. He indicated they have not abandoned their position that the property was
a wetland and could not be filled, and that the entire project is invalid. He submitted
that ff Council were to look at the property, it would be seen that the property is and
was a wetland, but now is filled, and eventually it may be found that other jurisdictions
may determine it to be a wetland, forcing the building to be stopped. He asked that the
Conditional Use Permit be denied, that the Declaration of Non-Significance be
determined inadequate, and that it be reconsidered.
Community Development Director Collins then addressed the Council by stressing the
importance of avoiffmg confusion. He indicated that Mr. Ritehie fek the planmng
Commission had made decisions without any standards; he urged the Council to focus
on the issue that was before them on appeal. The issue relates to a Conditional Use
Permit for a duplex, which is an allowed use in the Single-Family RS-9 Residential
Zone. The wetland, fill and drainage issues Mr. Ritchie alluded to were decided a year
ago, and they are not subject to the appeal. The impacts of the duplex are also on
appeal, not the wetland, filling, and drainage issues, but the impact of the duplex,
although there is nothing to distinguish the duplex structure, which has been proposed
in this Conditional Use Permit, fi~om a single-family sma:tare with regard to
envkonmental impacts on adjacent wetlands or the drainage facilities. Director Collins
distinguished between what the appeal is about and what it is not about. He indicated
it is about a proposed duplex which appears much like a single family residence in
scale, facade, and impacts on the environment. It is a 2,336 square foot structure with
a two-car garage which, he noted, is fairly typical of any single family structure in the
City. Further, Director Collins stated the appeal is about a Determination of Non-
Significance (DNS) #1040 for a duplex on a 5.14 acre site offOld Mill Road.
This is a site previously prepared for more intensive residential development under a
Clearing, Grading, Filling, and Drainage Permit with an earlier DNS (#1000), and it
was not appealed when acted upon a year ago. On-site wetland areas were delineated
at that time and found to be unregulated per Chapter 15.24 of the Port Angeles
Municipal Code. Director Collins indicated that the City approved a drainage system
that is operating, as designed, under storm events.
In addressing what the appeal is not about, Director Collins indicated that Mr. Ritchie
had characterized ~e~revious DNS as not having a plan when, in fact, there was a plan
CITY COUNCIL MEETING
October 21, 2003
OTHER for a subdivision with a much more intensive type of activity. It was a plan for
CONSIDERATIONS: developing a 13-lot subdivision with a 500 foot cul de sac to provide access, and the
(Cont'd) mitigating measures for that were the drainage system that was put in place as reviewed
and approved by the City engineers. It is operating as designed. Director Collins
Appeal of Determination indicated it is clear that the cumulative affects of the development of this property go
of Non-Significance for far beyond placing a duplex on a 5+ acre piece of property. They were adequately
Duplex in RS-9 Zone reviewed a year ago, and there wasn't any piecemeal determination. SEPA requires a
(Cont'd) determination at the earliest conceptual stages of the development of the property,
which is what the applicant did when he provided a checklist a year ago. That
determination was then supplemented by a new checklist that dealt with a relatively
normal 2,366 square foot residential structure.
Director Collins indicated the appeal is also not about a DNS #1000, as that issue has
bean decided and is not appealable. The appeal is also not about off-site wetlands, to
include two ponds to the south and west of the subject property and the overflow
stormwater on to the subject property. The wet areas on this particular property serve
as a drainage ditch, which has been operating to collect some of the overflow
stormwater fi.om the properties to the south and west, efficiently bringing it to the City
storm drainage system in Old Mill Road. After actions were taken to prepare the site
a year ago, those types of impacts no longer exist for the subject property. Director
Collins continued that another issue that the appeal is not about is storm drainage
problems. Mr. Ritchie had indicated there are problems elsewhere in the City; those
areas not related to the vicinity cannot be of concern to the issue at hand.
Director Collins felt the issue is whether the proposed duplex has any significant
adverse impacts or any incompatibilities with the purpose of the RS-9 Zone. The
record of the Planning Commission found no such impacts or incompatibilities, which
is why the Planning Commission approved CUP 03-10 for a duplex in this RS-9 Zone.
He emphasized there is not a regulated wetland on the subject property and, therefore,
the concerns about how the Mon-ison property affects other wetland properties that are
associated at a higher elevation to the south and west is not an issue that needs to be
addressed during the duplex issue. There is no regulated wetland on the duplex site.
Another issue addressed by Director Collins was related to the duplex as opposed to
the environmental review. It was Mr. Ritchie's contention that there was no planmng
for a duplex in the City, let alone in this particular area. Director Collins referred to
Pages 126-127 of the Council packet, noting that the Comprehensive Plan and the
Zoning Code are very clear in specifically permitting a duplex in a low density or
single-family residential area. Duplexes are not classified specifically as multi-family;
the Zoning Code differentiates between multi-family housing and duplexes. As a result,
in the RS-9 Zone, there are provisions for duplexes, but there are no provisions
specifically for multi-family housing. It is understood in the Code and the
Comprehensive Plan that it is desirable to have a variety of housing types within a
residential area; it is understood in the Comprehensive Plan and the Zoning Code that
a duplex is part of what would be found in a single-family zone. Director Collins
indicated that, in this particular case, the duplex is hardly distinguishable from a single-
family structure. The Planning Commission, over the years, has approved duplexes in
single-family zones, but has limited how many can occur in specific single-family
neighborhoods or a single block. The reason for the limitation is the idea that an
occasional duplex does not change the overall density of the area, nor does it change
the nature of the single-family zone. Instead, it allows for the placement of an
occasional duplex without the necessity of rezoning a property to a higher density, a
multi-family density, which would allow not only duplexes, but apartment buildings
and anything else of a higher density. Director Collins noted there are limitations in
the Comprehensive Plan that are related to the notion that density, not housing type, is
what dictates low density areas versus medium or higher density areas. He felt that Mr.
Ritchie has not understood that part of the City's Zoning Code or Comprehensive Plan.
The Planning commission has not been guessing, as the zone does not mean only
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CITY COUNCIL MEETING
October 21, 2003
OTHER single family. The RS-9 Zone does allow for a mixture of housing types as long as the
CONSIDERATIONS: density of the area does not exceed a certain threshold. A single duplex in a single-
(Cont'd) family block does not change the density of that block above that threshold.
Appeal of Determination In summary, Director Collins informed the Council that the record of the Plamning
of Non-Significance for Commission did not fred any impacts related to the dnplex that affect drainage, the
Duplex in RS-9 Zone wetlands either on site or off site. It did not fred there was any regulated wetland on
(Cont'd) the site, and it did not fred any incompatibilities with a conditionally permitted duplex
in a Single Family RS-9 Zone consistent with how the Commission has approved
duplexes throughout the City for many, many years. He asked that the Council deny
the appeal and uphold the decision of the Planning Commission on the CUP, as well
as his decision on the Determination of Nun-Significance.
Mr. Ritchie returned to the podium to address comments made by Director Collins. He
agreed that Director Collins and the Planning Commission viewed duplexes as an
allowed use in an RS-9 Zone. He stated it was not an allowed use, but a conditional
use, and the fact that it has been treated as an allowed use is what constitutes their
complaint. A conditional use is supposed to benefit the community, and there is an
obligation to review the impacts it would have on neighbors, all based on some type of
standards. He referenced Page 2 of the Planning Commission minutes of Augnst 27,
2003, wherein Director Collins explained that the City followed an informal nde of not
approving more than a certain number of things. He felt that another way to say that
is that the City didn't follow any role - they just granted something when they chose
to grant something - not based on a resolution or an ordinance. He felt that to follow
an informal, not adopted nde, could be considered arbitrary and capricious. He felt
that Director Collins has suggested the Planning comrmssion should follow that course
of action, and the Planning comrmssion did just that, which does not make it legal, nor
is it in keeping with when a conditional use should be granted.
Further, Mr. Ritchie indicated that other statements made indicate there wasn't any
evidence that there was any wetland present. He indicated that was not tree, in fact it
was pointed out by Planner Scott Johns that the two indicators oft wetland on paper
were the Sheldon Wetland Inventory for Port Angeles, which showed a wetland, and
the County Wetland maps, which indicated a wetland. The opinion has been expressed
by Mr. Johns that the wetland was not as big as the County and the other inventory say.
Mr. Ritchie indicated that it is not quite line that there is no evidence of a wetland. He
was unaware that a 13-lot subdivision was approved but, nevertheless, he questioned
if the fill was approved for a 13-lot subdivision that wasn't approved or for fill for
some future development. He felt the City shouldn't have allowed the fill. He asked
the Council to review what constitutes a conditional use and what should constitute a
conditional use, as well as the factors in determining how it may affect the neighbors.
He reiterated that, when people purchase property, there should be some assurances as
to what uses would be allowed and when. Iftbe standard is that there is no standard or
that there is an informal standard, then there is no standard. In this particular case in
this particular property, a conditional use should not be approved. The argument that
there was no problem with drainage and no problem with water is not tree. If all
statements that were made have been read, the Council would see that the problems
have been explained and the reasons why building should not be allowed have been
established. Mr. Ritchie felt this was not a well thought out plan for a conditional use
that won't affect the neighborhood. No particular standard was applied, and there was
no finding that the conditions would help the neighborhood. He submitted that the
Council should find that the Planning Department has not done the work they should
have done in determining that this does not have some environmental concerns that
should be mitigated. Secondly, since there was no mention of how this would affect
the other residents, it should be void as a matter of law.
Mayor Wiggins opened the matter for discussion, and Councilmember Erickson noted
her understanding of the Determination of Non-Siguificance. However, she was con-
- 10-
CITY cOUNCIL MEETING
October 21, 2003
OTHER fused by the Conditional Use Permit in that either a duplex is or is not an allowed use.
CONSIDERATIONS: She queried why, if it's an allowed use, a conditional use permit is required. Further,
(Cont'd) she didn't understand the references to the Comprehensive Plan, as the duplex should
either be allowed in the Zoning Code or it is a conditional use. Director Collins
Appeal of Determination explained the difference between a permitted use and a conditional use, noting that both
of Nun-Siginficance for conditional and permitted uses are allowed in a zone. A permitted use is permitted
Duplex in RS-9 Zone outright in that it is not subject to any special conditions that might be applied. An
(Cont'd) example of a special condition would be to limit the number of conditional uses that
would be in one neighborhood and would be based on the d~usity standard that is in the
Comprehensive Plan allowing for more than single-family densities but not for a large
number of conditional uses for duplexes to take place in one particular area, raising that
density above what's allowed in the Comprehensive Plan. Councilmember Erickson
sought clarification for an RS-9 zone in that a duplex is an al/owed use, not a permitted
use, to which Director Collins agreed.
Director Collins noted that one must seek a Conditional Use Permit in order to build
a duplex. He indicated that the density in the RS-9 Zone is roughly 5 units per acre,
wlfile the density allowed in the low density residential area of the City is up to 8 or 9
units an acre. There is an expectation in an area that there may be a duplex or two that
are allowed, but two or three duplexes would not necessarily be allowed, for instance,
in a 13-lot subdivision, which is the discussion that took place at the Planning
Commission level. Director Collins further clarified that the standard determined in
the Zoning Code is whether a duplex is compatible with the purposes of the Single
Family Zone. In review of that matter, the Planning Commission determined there was
no incompatibility. The Planning Commission records indicate there are several
duplexes quite a distance from this particular location - one on Rhodes Road and a
couple of others on Viewcrest, quite a distance away. Based on the purpose of the
Single Family Zone and based on the density of housing units, it was determined there
weren't any reasons that this particular conditional use couldn't be approved. If a
neighbor were to ask for a similar conditional use for a duplex, it may be a lot more
difficult to acquire, as a duplex already exists in that single family area. That is the
practice that occurs throughout the City and so, in the single family neighborhoods,
there may be an occasional duplex but there is not, as the appellant indicated, an open
door to allow duplexes without due consideration.
Councilmember Erickson indicated there is an appearance that the reason for an
allowed use is that people get conditions put on them, not to limit the number. The key
is how those uses are conditioned, and she agreed that, in some respects, it may be
um'eliable, as there is a possibility that it will be totally duplexes. Director Collins
indicated that, for the last thirty years, the City has allowed a duplex within the single
family zone. If it was a permitted use, there could be an entire single family zone of
just duplexes but, because it is not a permitted use, there are no entire single family
zones where the duplex has been allowed. It requires a special review by the Planning
Commission, and that review determines whether it will exceed the density in the area,
whether it will place too many duplexes in a single family area, and whether it will
change the character of the neighborhood, thereby creating what Mr. Ritchie has stated
is just an area where there are duplexes. This is the standard that has been followed,
and Director Collins indicated the standard in the Zoning Code is not specified more
than what he described as to the purpose of the zone and the density of those
conditional uses. There are a lot of conditional uses in this zone, not just the duplex.
Mayor Wiggins asked if there was a potential that this conditional use could ever
terminate. Director Collins responded there is such a potential if there were a violation
of the purpose of the single-family zone. The conditional use could be re-challenged
as not being what was originally approved. However, if someone makes a propen'y
investment for a two-unit structure, a duplex, then the Planning Commission or
someone else could not subsequently determine that the duplex had to be removed. He
indicated there is a~otectiun in the Code to allow those things that were legally per-
-11-
CITY COUNCIL MEETING
October 21, 2003
OTHER mired. One question that arose in the Planning comrmssion was whether the City
CONSIDERATIONS: should stipulate how many specific duplexes are allowed in a neighborhood. The
(Cont'd) Planning Commission and the City Council could decide that they didn't like duplexes
in single family neighborhoods. In that case, the City could remove that particular
Appeal of Determination conditional use. However, because this particular conditional use would have been
of Non-Significance for approved, then it would have had legal standing as a vested right and as legally non-
Duplex in RS-9 Zone conforming, something that has happened in some jurisdictions. The City's
(Cont'd) jurisdiction has been more open to a variety of housing types and has been more open
to the way the City developed. Before the City's zoning laws, prior to 1967, there were
a lot of duplexes in single family neighborhoods, as there weran't any conditional or
permitted use issues at the time. Director Collins indicated the community actually
developed over the first half of the 20~ Century with a mixture of these kinds of
housing densities and housing types.
Mayor Wiggins concluded this is not a wetland issue, but a density issue, to which
Director Collins agreed. In Director Collins' view, this is a question of whether the
duplex is appropriate and whether there is any incompatibility with the single family
~one. None was demonstrated in the evidence of the Planning Commission. It was
only after the decision was made that the appellants claimed that this was opening some
floodgate and creating a permitted use out of a conditional use. Mayor Wiggins
observed that a single family residence would have the same impact, no matter what the
wetland issue may be, and Director Collins agreed.
Couneilmember Erieksun moved to uphold the SEPA Responsible Official's
Determination of Nun-Significance #1040 and Adoption of Existing
Environmental Documents {DNS #1000) for a duplex use on a 5.14 acre site
located on Old Mill Road and to deny the appeal. The motion was seconded by
Councilman Campbell and carried $ - 0. Attorney Knutson recommended that staff
return to the Council at its next meeting with Findings andConcinsions in support of
the motion. Mayor Wiggins agreed.
Appeal of Conditional 2. ~lppeal of a Conditional Use Permit to ~tllow a Duplex in the RS-9 Zone:
Use Permit to Allow
Duplex in RS-9 Zone Councilman Campbell moved to deny the appeal on CUP 03-10 and to concur
with the reeommendatiun of the Planning Commission by denying the appeal and
upholding the Planning Commission's decision approving a duplex use on a 5.14
acre site located on Old Mill Road. The motion was seconded by Couneilmember
Rogers and carried $ - 0. Attorney Knutson indicated that staff would prepare
Findings and Conclusions on this issue as well.
Graving Dock 3. Graving Dock:
Mayor Wiggins referenced the situation at the Graving Dock, asking for a status report
from Manager Quinn, who indicated the Lower Elwha Klallam Tribe and the
Depar~enl of Transportation have been involvedin negotiations for the handling of
artifacts discovered at the site. They must determine how to move forward with
continued consta~ction. Because other agencies are involved, the process has been
somewhat extended; however, he has been informed that all parties are positive and are
hopeful that agreement will be reached very shortly.
Break Mayor Wiggins recessed the meeting for a break at 8:40 p.m. The meeting reconvened
at 8:50 p.m.
PUBLIC HEARINGS - None.
QUASI-JUDICIAL:
PUBLIC HEARINGS - None.
OTHER:
$8
- 12-
CITY COUNCIL MEETING
October 21, 2003
INFORMATION: Manager Quinn briefly reviewed items contained in the Information Agenda. He
commented on the cost report on the Waterfront Trail, noting there is some money left
in the project fund, and staff may relmm to Council with a request for continued paving
to the east. Councilman Campbell inquired as to whether the cost report contains any
information relative to donations for benches, trees, flowers, and other landscaping.
Director Connelly responded that the donated items were not included in the report.
He indicated that donations in the area fromFrancis Street east to Morse Creek were
very limited, perhaps three or four in that location. He estimated there were
approximately 192 donations made along the Waterfront Trail from Ediz Hook to the
west Rayonier gate, to include trees, benches, and picnic tables. On the issue of the
Waterfront Trail and the Memorial Policy, Councilmember Rogers asked for
clarification as to how long it will take to receive a report. Director Connelly felt that
a report should be forthcoming in a relatively short period of time.
Manager Quinn provided clarification to the Council concerning the City's receipt of
a nmner-up award from the National League of Cities.
EXECUTIVE SESSION: The meeting adjourned to Executive Session at 8:55 p.m. to discuss potential litigation
for approximately 15 minutes.
RETURN TO OPEN The meeting returned to Open Session at 9:10 p.m.
SESSION:
ADJOURNMENT: The meeting was adjourned at 9:10 p.m.
Glenn Wiggins, Mayor Becky J. Upton, City Clerk
39
CITY COUNCIL SPECIAL MEETING /
GATEWAY REVIEW TEAM MEETING
MINUTES
October 16, 2003
8:30 a.m. - ProTech Center
The meeting was called to order at 8:30 a.m. by Chair Karen Rogers.
Roll Call & Attendance:
Members Present: Karen Rogers, Chair, Larry Williams, Gary Braun, alternate, Orville Campbell, Mike
Chapman, Jan Harbick (arrived 8:43 a.m.), Kevin Thompson, Wayne Barrett, Jack Harmon,
(arrived 8:50 a.m.)
Members Absent: Russ Veenema, ex-officio
Public & StaffPresent: Tim Smith, Dan DiGuilio, Sandie Bamhart, Paul Lamoureux, Arla Holzshuch, Mike Quinn,
Marc Counelly, Charlie Smith, Richard Headrick, Brenda Hamahan, Gary Kenworthy, and
Sam Martin. From Merrirt + Pardini: Greg Benton and Scott Harm
Approval of Minutes: The minutes were approved as writtenwith Karen Rogers motioning for acceptance and Mike
Chapman seconding.
Presentation bl~ Merritt + Pardini: Acceptance of Footprint for Land Acquisition
Chair Rogers opened by reaffn-ming that Russ Veanema, Tim Smith, and Mike Quinn have been working together with
Greg Benton to mak~ the Visitor Center a facility to compliment the present, and future vision that Port Angeles wants
to portray. The purpose of this meeting today will be to make a decision to establish this as a project, because only when
that is done can the project move forward and establish project costs. It has to work well for Transit, the City, and the
Visitor Center.
Mr. Greg Benton, of Merdtt + Pardini, explained the first layout on the easel, which included the entire parking/plaza
area. The building is about 4500 square feet, with 1500 square feet in the Visitor Center, and 3000 square feet for the
facility total, including the Transit facility and Police office. It has the on-grade Transit lane, two way, off of Railroad
and off of Front. West of that is the new parking structure, which has access off of Front to the upper lid, and access off
of Railroad to the lower lid. Grading is being minimized under this structure. The bus lane has been widened,
accommodating four lanes. The Visitor building now closes in and encroaches a bit more toward the plaza. The plaza
is basically the same semi-circular shape, with the sail being adjusted more toward the outer ring because of the building
movement east. Upon mention of the sails, Chair Rogers added that we will be having a demonstration today for a
fountain, that possibly could replace the sails. The purpose of today is to establish the footprint so the land acquisition
can move forward. Heights have been adjusted so all the bus lanes are all the same plane. There are a few steps down
into plaza area.
Down below the parking area structure is just as it has been. The new parking structure is off of Railroad. Mr. Benton
questioned what this group wants in pursuing or not the connecting tunnel between the two parking lots. It will be a bit
Gateway Review Team Committee Meeting 1 October 16,2003
development. Karen reminded Greg that it will not be referred to as a tunnel becanse we cannot have a dark passageway
that could be indocive to crime, but should be an airy passage. He said it could be simply a drive aisle, a drive aisle with
one row of parking, or it could be a drive aisle with two bays of parking. Chair Rogers stated that the cost will determine
that. The lid will have to extend, therefore causing a rise in cost. Again, that is under the bus lane.
The cross-section showed where the "tunnel" or passage would be, and would be the access point. This layout
demonstrated the parking area and connecting area. Greg did not feel it would not have a claustrophobic feeling created
by the passageway. Chair Rogers again questioned the costs associated with this passageway and the amonnt ofparldng
spaces, and whether this cost would merit the passageway. Gary Kenworthy questioned the slope grade in passageway
area. If the grade is kept more even, the effect will be better. Tim stated that even without that corridor, we have
achieved the no-net-loss of parking spaces that was our goal. The slope in the passageway was studied on the layout
going west to east in relationship to the streets and parking. After discussion, Mr. Benton said it will be adjusted
accordingly.
Mike Quinn questioned what the elevation of the top of the parking structure is on the Front Street side. It is 22' at the
entrance with a 5' difference ramping up to 27', making it a low-profile building, minimizing the impact to the view of
the water. The grading will be adjusted below.
Richard spoke of the I I' height on parking roof deck. There will be 42" guard rails above the 11' with an open-bar look
to contain the area.
Jan Harbick questioned the Visitor Center building. It is now all on story and is a stair-step feature outwardly, which
compliments the stage "steps" area, keeping the "flat" look down.
Visitor Center Structure:
Russ reported to Greg Benton that he is happy with the way the Visitor Center building is now designed. Greg showed
the physical divisions on his layout designs. The overall visual as you approach will be light and airy with lots of glass.
The glass front to the structure will allow you to see through the building to the brick parking structure beh/nd it [west].
Sandie Barnhart spoke about the questions she had regarding the drivers area within the Visitor Center. It was noted a
door was needed, which Greg said would be no problem to add. Marc Connelly requested that an outside door be added
to the storage supply room for city workers access when they perform maintenance on the project. The internal door
would also be saved. It is an accepted understanding that the City would perform maintenance on the entire facihty.
Again, Marc feels for city crews it would be best to keep supplies accessible through an outside door.
Chair Rogers pointed out that is has been accommodated for thc Visitor Center to have access both from Front and
Railroad streets.
Discussion then took place regarding the exterior of the building. The fireplace is a beautiful focal point of the lobby
of the Visitor Center. The elevation was again included in this discussion. The building itself will more than likely have
a heat pump to keep the temperature even and efficient. There will be no awnings at this time. Thc roof does have a big
overhang so clear windows should be fine.
Aria questioned page A2 Point 11 layout design. She commented on the recessed areas along the front on Front. The
two indentations will be the fireplace and entrance along thc sidewalk. She suggested awnings over each of the three
windows, with a column in-between to carry on the character of historic flavor.
Gary Braun opened the discussion regarding the elevator set up. It will be located in the center offthe edge of the plaza,
which will make it centrally located for everyone.
Chair Rogers asked if this footprint given today will be considered adequate for land acqinsition and is project-ready.
Yes. Dan feels these drawings are ready to be used in Court to def'me this project, if necessary. Chair Rogers feels this
Gateway Review Team Committee Meeting 2 October 16, 2005
is a good time to get bid war to our advantage.
With this being accepted as the "project", we want now the cost element considerations. Chair Rogers basically
considers this layout a construction layout and wants to move ahead and get the costs, and then we will start looking at
options to fund it. Mike Qulrm mentioned that the way to make this affordable for the Chamber, stretching out the
financing would help make it happen. Chair Rogers spoke of other funding that might help.
Tim spoke of the parking improvement that holds three compact car spaces. Tim was happy with today's progress.
He feels there is a feeling that this project has come together and feels that this project fits everyone's functional interests.
Mr. DiGuilio questioned the landscaping and aRer consideration, was informed there would be no problem with the
landscaping. Now that we are back on grade, landscaping (hanging baskets) and street lighting will enhance the project
more. Mr. Headrick requested an clear overlay be developed to lay over the surface of the project drawing denoting
property lines and ownership of the properties so that during the condemnation process, properties can be seen to be a
needed property to the project.
Aria reiterated in her own words what was expected and hoped for from this group today. Again, she requested a
statement of the project proposal.
Chair Rogers asked for a motion to accept these drawings, dated October 15/16, 2003 as acceptable as the project
layout definition as stated today. Gary Braun made the first motion of acceptance, with Orville Campbell
seconding. At this point, Mike Chapman stated he was not entirely comfortable with both the motions being made by
city council members, and Jan Harbick requested a recess so that the downtown members could confer one more time
before the vote. This break was granted and upon return, no further disanssion took place. The vote was again
asked for and the project layout was unanimously accepted.
Time was then taken by Chair Rogers to recognize Scott Harm, who attended the meeting today representing Merritt +
Pardini. This group learned that Lee Pardini has lef~ the fima and that this funn is an employee-owned firm with Greg
Benton and Scott Harm being two of the partners. They will continue with this project and are more than ready and
willing to answer all questions the Gateway Committee will have. Scott informed the committee that he is the managing
principle for large projects, out of the Tacoma office.
Fountain information presentation:
Marc Connelly, City of Port Angeles Parks & Recreation Director, spoke about a field trip he took to Olympia. He was
interested in finding out all he could about the interactive spouting fountain in Olympia. He discussed the fountain
concept as a possible alternative to the sails that have been discussed to grace the plaza area of the Gateway project. He
explained the maintenance and process that the fountain takes to perform. He told of several places and several
configurations that are possible to have. He stated the weather could be a factor that is easily solved by simply turning
the force of the fountain to a lower pressure, therefore not having the spouts as high on a windy day. On a calm, warm
day, the spouts can be programmed to shoot as high as 60 feet. He fmnly believes that the point of the Gateway Center
is to bring the population down to mingle and enjoy it. The fountain would be a real drawing to the site because they
are interactive. He showed a video of the fountain in Olympia. Year around people congregate to watch the fountain
and the people enjoying the interaction activity. It is built such that it isn't a hazard if the fountains are turned offand
the plaza then used for another event, being recessed and fairly flush with the surface. The cost of maintenance, at this
time, seems to be similar to the sails, with much more "draw" to downtown.
Adjourned meeting at 9:55 a.m.
Next meeting: 8:30 a.m., November 13, 2003, Thursday, at the ProTech Center.
Respectfully Submitted,~~~
Sam Math_n, Secretary ~ ' '-
Glenn Wiggins, Mayor Becky Upton, City Clerk
Gateway Review Team Committee Meeting 3 October 16, 2003
Date: 10/27103
City of Port Angeles
City Council Expenditure Report
From: 10/11/03 To: 10/27/03
Vendor Description Account Number Invoice Amount
ARTNEWS 11 Issues-subscription 001-0000-237,00-00 -3.28
DAVIS & STANTON Bars,mountings 001-0000-237,00-00 -2.71
JPMORGANCHASE Palm Pilot 001-0000-237.00-00 -27,96
Books ;. · 001-0000-237.00-00 -1,89
Index tabs,binders 001-0000-237.00-00 -8.73
Book 001-0000-237,00-00 -3.98
WA STATE PATROL - WASIS Criminal history-Grlffith 001-0000-229.50-00 24.00
Criminal history-Grlffith 001-0000-229.50-00 24.00
Criminal history-Hurley 001-0000-229.50-00 24.00
WATERLESS CO LLC JANITORIAL SUPPLIES 001-0000-237.00-00 -22.88
Division Total: $0.67
Department Total: $0.57
JPMORGANCHASE Punchcard lunches 001-1160-511.43-10 190.00
OLYMPIC STATIONERS INC Envelopes 001-1160-511.31-01 25.94
Pens 001-1160-511.31-01 24.97
STAR'S NW BAKERY & CAKE SHOP Council refreshments 001-1160-511.31-01 77.40
Legislative Mayor & Council Division Total: $318.31
Legislative Department Total: $318.31
JPMORGANCHASE Lodging expense 001-1210-513.43-10 889.61
MICHAEL QUlNN Reimb airfare ICMA Conf 001-1210-513.43-10 279.75
PACIFIC OFFICE EQUIPMENT INC Copier lease-2405-1 Oct 001-1210-513.48-10 32.46
PENINSULA DAILY NEWS Beautification efforts 001-1210-513.49-01 195.84
QWEST 10-14 a/c 3604570411199 001-1210-513.42-10 93.18
SEQUIM GAZE3-rE, THE Who's Who ad in PA,Sequim 001-1210-513.49-01 275.00
TELECOM LABS INC Maintenance agreement 001-1210-513.42-10 31.12
WASHINGTON (DIS), STATE OF Scan chgs-September 001-1210-513.42-10 39.44
City Manager Department City Manager Office Division Total: $t ,836.40
SWAIN'S GENERAL STORE INC Gift certificate-OPS Awd 001-1211-513.31-01 25.00
City Manager Department Customer Commitment Division Total: $26.00
PENINSULA RADIOLOGISTS P S X-ray Schmidt 001-1220-516.41-31 29.75
X-rays-Paynter 001-1220-516.41-31 29.75
PUBLIC SAFETY TESTING Qtrly Subscription fees 001-1220-516.41-50 105.00
QWEST 10-14 a/c 3604570411199 001-1220-516.42-10 93.18
TELECOM LABS INC Maintenance agreement 001-1220-516.42-10 31.12
WASHINGTON (DIS), STATE OF COMPUTERS,DP & WORD PROC. 001-1220-516.31-01 722.31
Scan chgs-September 001-1220-516.42-10 19.25
City Manager Department Human Resources Division Total: $t ,030.36
ADVANCED TRAVEL WMCA Prof Dev-Poulsbo 001-1230-514.43-10 43.10
COSTCO CREDIT CARD PMTS Audio tapes 001-1230-514.31-01 36.74
OLYMPIC STATIONERS INC Hole punch,folders 001-1230-514.31-01 73.22
QWEST IO-14 a/c 3604570411199 001-1230-514.42-10 46.59
TELECOM LABS INC Maintenance agreement 001-1230-514.42-10 15.56
45
Page 1
Date: 10/27K)3
City of Port Angeles
City Council Expenditure Report
From: 10/11/03 To: 10/27/03
Vendor Description Account Number Invoice Amount
WASHINGTON (DIS), STATE OF Scan chgs-September 001-1230-514.42-10 2.79
City Manager Department City Clerk Division Total: $218.00
City Manager Department Department Total: $3,t 09.76
PENINSULA INTL RELATIONS ASSN Contract pmt 001-1390-519.49-72 500.00
UNITED WAY OF CLALLAM COUNTY Qtr 3 Human Svcs Funding 001-1390-519.49-71 30,638.25
City Manager Dept Community Service Division Total: $3t,t 38.25
City Manager Dept Department Total: $31,t38.25
ADVANCED TRAVEL WMTA Board-Ellensburg 001-2010-514.43-10 15.20
JPMORGANCHASE Books 001-2010-514.31-01 24.89
PageMaker upgrade 001-2010-514.31-60 83.64
QWEST 10-14 a/c 3604570411199 001-2010-514.42-10 93.18
TELECOM LABS INC Maintenance agreement 001-2010-514.42-10 31.12
WASHINGTON (DIS), STATE OF Scan chgs-September 001-2010-514.42-10 18.66
Finance Department Finance Administration Division Total: $266.69
COSTCO CREDIT CARD pMTS Office supplies 001-2023-514.31-01 20.53
JPMORGANCHASE Index tabs 001-2023-514.31-01 116.21
OLYMPIC STATIONERS INC Name plate 001-2023-514.31-01 15.69
Eraser,pens,hi-liter 001-2023-514.31-01 36.29
Bit,ding comb,pencil,paper 001-2023-514.31-01 43.82
Binding comb,pencil,paper 001-2023-514.31-01 14.61
Binding comb,pencil,paper 001-2023-514.31-01 10.26
QWEST 10-14 a/c 3604570411199 001-2023-514.42-10 116.48
TELECOM LABS INC Maintenance agreement 001-2023-514.42-10 38.89
UNITED PARCEL SERVICE Shipping chgs-Sept 001-2023-514.42-10 15.16
WASHINGTON (DIS), STATE OF Scan chgs-September 001-2023-514.42-10 12.51
Finance Department Accounting Division Total: $440.45
AT&T WIRELESS SERVICES 10-05 a/c 49548233 001-2025-514.42-10 37.02
DATABAR INCORPORATED 2733 Statements cycle 1-5 001-2025-514.41-50 1,478.23
3373 Statements 001-2025-514.41-50 1,824.39
EQUIFAX Credit reporting svcs 001-2025-514.31-01 12.61
DONALD C DROZ Raingear, boots 001-2025-514.31-11 150.00
OLYMPIC STATIONERS INC Stamp pads,legal pads 001-2025-514.31-01 33.64
Binding comb,pencil,paper 001-2025-514.31-01 87.64
PACIFIC OFFICE EQUIPMENT INC Adder tape 001-2025-514.31-01 300.80
Credit adder tape 001-2025-514.31-01 -214.24
Monitor 001-2025-514.31-60 643.79
QWEST 10-14 a/c 3604570411199 001-2025-514.42-10 279.55
RADIX CORPORATION Monthly maintenance-Nov 001-2025-514.48-10 183.42
SWAIN'S GENERAL sTORE INC Flashlight 001-2025-514.31-01 9.16
TELECOM LABS INC Maintenance agreement 001-2025-514.42-10 93.35
WASHINGTON (DIS), STATE OF Scan chgs-September 001-2025-514.42-10 11.44
Finance Department Customer Service Division Total: $4,930.80
46
Page 2
Date: 10/27/03
City of Port Angeles
City Council Expenditure Report
From: 10/11/03 To: 10/27/03
Vendor Description Account Number Invoice Amount
OLYMPIC PAPER & SUPPLY CO Paper 001-2080-514.31-01 454.77
Finance Department Reprographics Division Total: $454.77
Finance Department Department Total: $6,092.71
ADVANCED TRAVEL WSAMA Fall Conf-Spokane 001-3010-515.43-10 365.20
QWEST 10-14 a/c 3604570411199 001-3010-515.42-10 163.07
TELECOM LABS INC Maintenance agreement 001-3010-515.42-10 54.45
WASHINGTON (DIS), STATE OF Scan chgs-September 001-3010-515.42-10 15.11
WASHINGTON (DOL), STATE OF Notary lic renewaI-Lusby 001-3010-515.49-90 20.00
WEST GROUP Courtroom Evidence H/B 001-3010-515.31-01 94.40
Westlaw chgs-Sept 001-3010-515.31-01 106.52
Attorney Attorney Office Division Total: $818.75
CITY OF FORKS September Board bill 001-3012-597.50-99 2,151.72
CLALLAM CNTY DEPT OF HEALTH Inmate medical chgs 001-3012-597.50-99 1,086.44
Attorney Jail Contributions Division Total: $3,238216
ADVANCED TRAVEL WSAMA Fall Conf-Spokane 001-3021-515.43-10 504.70
CAMERON, PAMELA September services 001-3021-515.41-50 940.00
CLALLAM CNTY DIST 1 COURT September Court Costs 001-3021-515.50-90 6,537.61
MULLINS, MARK D Professional svcs pe 9-30 001-3021-515.41-50 520.28
WEST GROUP Westlaw chgs-Sept 001-3021-515.31-01 106.53
Attorney Prosecution Division Total: $8,609.12
Attorney Department Total: $12,666.03
JPMORGANCHASE Gasoline 001-4010-558.43-10 33.66
OLYMPIC STATIONERS INC Pens 001-4010-558.31-01 23.74
Binding comb,pencil,paper 001-4010-558.31-01 43.82
PACIFIC OFFICE EQUIPMENT INC HP deskjet ink 001-4010-558.31-01 49.34
Toner cartridge 001-4010-558.31-01 153.64
Toner 001-4010-558.31-01 225.06
PENINSULA DAILY NEWS Notice-City of PA Pub Wks 001-4010-558.44-10 63.90
Notice-Port of PA 001-4010-558.44-10 46.80
Notice-Alley Marine Dr 001-4010-558.44-10 20.70
Notice-U Macedo 001-4010-558.44-10 58.50
Notice-Holy Trinity 001-4010-558.44-10 39.60
Notice-Gordon MacDougall 001-4010-558.44-10 39.60
Notice-Jefferson School 001-4010-558.44-10 41.40
Notice-D M orrison 001-4010-558.44-10 45.90
QWEST 10-14 a/c 3604570411199 001-4010-558.42-10 93.18
TELECOM LABS INC Maintenance agreement 001-4010-558.42-10 31.12
WASHINGTON (DIS), STATE OF Scan chgs-September 001-4010-558.42-10 17.96
Community Developmt Dept Planning Division Total: $1,027.92
AT&T WIRELESS SERVICES 1 0-14 a/c 49079080 001-4020-524.42-10 8.19
HARTNAGEL BUILDING SUPPLY INC Reel tape 001-4020-524.31-01 26.29
OLYMPIC STATIONERS INC Binding comb,pencil,paper 001-4020-524.31-01 43.82
47
Page 3
Date: t 0/27/03
City of Port Angeles
City Council Expenditure Report
From: 10/11/03 To: 10/27/03
Vendor Description Account Number Invoice Amount
Community Developmt Dept Building Division Total: $78.30
Community Developmt Dept Department Total: $1,106.22
AT&T WIRELESS SERVICES 10-05 a/c 49470974 001-5010-521.42-10 19.08
10-14 a/c 49655020 001-5010-521.42-10 16.27
CAPACITY PROVISIONING INC INET Oct-City Hall 001-5010-521.42-12 172.00
JPMORGANCHASE Books 001-5010-521.31-01 117.57
Lodging 001-5010-521.43-10 194.46
THE EDMONDS POLICE FOUNDATION Bullet Proof Mind for 2 001-5010-521.43-10 200.00
OLYMPIC PRINTERS INC Envelopes 001-5010-521.31-01 29.70
Letterhead 001-5010-521.31-0 1 77.28
PACIFIC OFFICE EQUIPMENT INC Copier lease-1736-02 Oct 001-5010-521.48-10 32.48
PUBLIC SAFETY TESTING Qtrly Subscription fees 001-5010-521.31-01 105.00
QWEST 10-14 a/c 3604570411199 001-5010-521.42-10 163.07
RADIOSHACK Cell phone case 001-5010-521.31-01 32.45
TELECOM LABS INC Maintenance agreement 001-5010-521.42-10 54.45
WASHINGTON (DIS), STATE OF Scan chgs-September 001-5010-521.42-10 36.30
Police Department Administration Division Total: $1,250.09
AT&T WIRELESS SERVICES 09-27 a/c 49945520 001-5021-521.42-10 31.57
09-27 a/c 49947112 001-5021-521.42-10 79.13
09-27 a/c 49635824 001-5021-521.42-10 146.86
10-02 a/c 49975063 001-5021-521.42-10 47.00
CAMERA CORNER Photos,CD's 001-5021-521.31 -01 35.93
CHOICEPOINT BUS & GOVT SVCS September svc fee 001-5021-521.42-10 25.00
OLYMPIC PRINTERS INC Letterhead 001-5021-521.31-01 77.28
QWEST 10-14 a/c 3604570411199 001-5021-521.42-10 23.30
RADIOSHACK Handset control 001-5021-521.31-01 15.89
Watch battery,photolight 001-5021-521.31-14 25.91
TELECOM LABS INC Maintenance agreement 001-5021-521.42-10 7.78
UNITED PARCEL SERVICE Shipping chgs-Sept 001-5021-521.42-10 9.90
WASHINGTON (DIS), STATE OF Scan chgs-September 001-5021-521.42-10 59.13
Police Department Investigation Division Total: $584.68
ADVANCED TRAVEL K9 Seminar-Spokane 001-5022-521.43-10 359.78
BOSTEC INC Breath Alcohol tests 001-5022-521.31-01 179.05
Breath Alcohol tests 001-5022-521.31-01 228.30
CAMERA CORNER Processing 001-5022-521.49-90 9.51
Photos 001-5022-521.49-90 7.22
Photos 001-5022-521.49-90 7.49
Photos 001-5022-521.49-90 13.14
Processing 001-5022-521.49-90 4.35
Photos 001-5022-521.49-90 11.08
Processing 001-5022-521.49-90 29.63
Prints 001-5022-521.49-90 7.77
48
Page 4
Date: 10/27/03
City of Port Angeles
City Council Expenditure Report
From: 10/11/03 To: 10/27/03
Vendor Description Account Number Invoice Amount
CAMERA CORNER... Batteries 001-5022-521.49-90 19.42
Processing 001-5022-521.49-90 8.72
DAVIS & STANTON Bara,mountings 001-5022-521.31-01 35.71
GTE COMMUNICATIONS SYSTEMS Calibrate doppler radar 001-~5022-521.48-10 69.52
JIM'S PHARMACY INC Hand sanitizers 001-5022-521.31-01 65.87
JPMORGANCHASE Safety equipment 001-5022-521.31-80 660.25
OLYMPIC PRINTERS INC Evidence tags 001-5022-521.31-01 471.81
Dog/Cat Licensing apps 001-5022-521.31-01 267.36
OLYMPIC STATIONERS INC Foldem,post-its,pads 001-5022-521.31-01 52.93
Inking stamp,laminating 001-5022-521.31-01 16.55
PACIFIC OFFICE EQUIPMENT INC Deskjet ink 001-5022-521.31-01 220.08
Booklet, binding svcs 001-5022-521.31-01 325.16
Credit ribbons 001-5022-521.31-01 -25.97
RICHMOND 2-WAY RADIO Motorola radio 001-5022-521.35-01 330,01
Police Department Patrol Division Total: $3,374.74
PACIFIC OFFICE EQUIPMENT INC Toner 001-5026-521.31-61 63.84
SWAIN'S GENERAL STORE INC Wet wipes 001-5026-521.35-01 21.51
Document frame 001-5026-521.35-01 5.75
Document frame 001-5026-521.35-01 9.74
Police Department Reserves & Volunteers Division Total: $100.84
GARY MARLER Shelving supplies 001-5029-521.49-90 54.13
OLYMPIC PRINTERS INC Envelopes 001-5029-521.31-01 21.88
Letterhead 001-5029-521.31-01 96.30
PACIFIC OFFICE EQUIPMENT INC Deskjet ink cartridges 001-5029-521.31-01 130.54
Copier lease-1779-02 Oct 001-5029-521.48-10 398.31
Copier lease-2605-02 Oct 001-5029-521.48-10 167.82
PACIFIC OFFICE FURNITURE Letter file cabinet 001-5029-521.49-90 107.12
PEN PRINT INC Property room reports 001-5029-521.31-01 477.16
QWEST 10-14 a/c 3604570411199 001-5029-521.42-10 116.48
TELECOM LABS INC Maintenance agreement 001-5029-521.42-10 38.89
WASHINGTON (DIS), STATE OF Scan chgs-September 001-5029-521.42-10 11.91
WASHINGTON (DOL), STATE OF Pistol licenses-August 001-5029-322.90-12 156.00
Pistol licenses-Sept 001-5029-322.90-12 395.00
Police Department Records Division Total: $2,171.54
Police Department Department Total: $7,481.89
ADVANCED TRAVEL WSFASD Fall W/S-Wheeler 001-6010-522.43-10 377.60
AT&T WIRELESS SERVICES 10-02 a/c 46898102 001-6010-522.42-10 75.06
CAPACITY PROVISIONING INC INET Oct-Fire Station 001-6010-522.42-12 172.00
COSTCO CREDIT CARD PMTS Office supplies 001-6010-522.31-01 202.59
J PMORGANCHASE Office supplies 001-6010-522.31-01 13.14
OLYMPIC STATIONERS INC Ink cartridge 001-6010-522.31-01 33.53
Pens 001-6010-522.31-01 7.25
4g
Page 5
Date: 10/27/03
City of Port Angeles
City Council Expenditure Report
From: 10/11/03 To: 10/27/03
Vendor Description Account Number Invoice Amount
PORTANGELES FIRE DEPARTMENT Trash bags,cookies,paper 001-6010-522.31-01 36.38
QWEST 10-14 a/c 3604570411199 001-6010-522.42-10 116.48
TELECOM LABS INC Maintenance agreement 001-6010-522.42-10 38.89
UNITED PARCEL SERVICE Shipping chgs-Sept 001-6010-522.42-10 89.05
WASHINGTON (DIS), STATE OF Scan chgs-September 001-6010-522.42-10 15.65
Fire Department Administration Division Total: $'1,t 77.62
ADVANCED TRAVEL FFighter train-Bramerton 001-6020-522.43-10 246.50
COSTCO CREDIT CARD PMTS Bunker gear soap 001-6020-522.31-01 19.45
FAMILY SHOE STORE Uniform allowance-Wheeler 001-6020-522.20-80 236.85
KITSAP CNTY FIRE CHIEFS ASSN Reading Smoke-Brian,Terry 001-6020-522.43-10 100.00
TODD GERMAN Reimb clothing allowance 001-6020-522.20-80 225.95
QWEST 10-14 a/c 3604570411199 001-6020-522.42-10 69.89
TELECOM LABS INC Maintenance agreement 001-6020-522.42-10 23.34
WASHINGTON (DIS), STATE OF Scan chgs-September 001-6020-522.42-10 0.31
Fire Department Fire Supression Division Total: $922.29
BRD FOR VOLUNTEER FIREFIGHTERS Vol FF Relief, Pension Fnd 001-6021-522.49-01 280.00
PORT ANGELES FIRE DEPARTMENT Support Officer lunch 001-6021-522.31-01 25.29
Fire Department Fire Volunteers Division Total: $305.29
AT&T WIRELESS SERVICES 10-02 a/c 47951801 001-6025-526.42-10 31.57
GE MEDICAL SYSTEMS Biomed equipment-October 001-6025-526.41-50 54.10
HANSEN, MIKE Teach CPR 10-11,10-12 001-6025-526.31-08 160.00
LILLIAN NAMBA 5 BLS manuals 001-6025-526.43-10 225.00
MOROZ, JAMES Teach First Aid 10-4,10-6 001-6025-526.31-08 480.00
PORT ANGELES FIRE DEPARTMENT Petty cash-aspirin 001-6025-526.31-13 7.92
QWEST 1 O-14 a/c 3604570411199 001-6025-526.42-10 23.30
TELECOM LABS INC Maintenance agreement 001-6025-526.42-10 7.78
WASHINGTON (DIS), STATE OF Scan chgs-September 001-6025-526.42-10 1.68
Fire Department Medic I Division Total: $991.36
AT&T WIRELESS SERVIC ES 10-02 a/c 45598455 001-6030-522.42-10 0.02
CAMERA CORNER Prints 001-6030-522.31-01 4.66
JPMORG~NCHASE Palm Pilot 001-6030-522.31-01 368.91
QWEST 10-14 aJc 3604570411199 001-6030-522.42-10 23.30
TELECOM LABS INC Maintenance agreement 001-6030-522.42-10 7.78
Fire Department Fire Prevention Division Total: $404.67
JPMORGANCHASE Donuts 001-6040-522.31-01 5.96
Lodging expense 001-6040-522.43-10 369.85
OLYMPIC PRINTERS INC Business cards-Bogues,Aux 001-6040-522.31-01 137.63
Fire Department Fire Training Division Total: $513.44
COSTCO CREDIT CARD PMTS Fire Station supplies 001-6050-522.31-01 71.23
SWAIN'S GENERAL STORE INC Coupling,elbow 001-6050-522.31-20 0.79
Bark 001-6050-522.31 -20 32.14
Fire Department Facilities Maintenance Division Total: $'104.16
OLYMPIC PRINTERS INC Chart indexes 001-6060-525.31-01 201.31
50
Page 6
Date: 10/27103
City of Port Angeles
City Council Expenditure Report
From: 10/t t /03 To: ~ 0/27/03
Vendor Description Account Number Invoice ~nount
Fire Department Emergency Management Division Total: $20t .3t
Fire Department Department Total: $4,620.13
ADVANCED TRAVEL Prevailing Wage-Tacoma 001-7010-532.43-10 32.00
AMERICAN PUBLIC WORKS ASSN DEPUTY DIR POSITION AD 001-7010-532.44-10 222.50
CLALLAM CNTY DEPT OF COMM DEV Water Quality monitoring 001-7010-532.41-50 100.00
JOBS AVAILABLE INC DEPUTY DIR POSITION AD 001-7010-532.44-10 132.48
JPMORGANCHASE Index tabs,binders 001-7010-532.31-01 115.18
Book 001-7010-532.31-01 52.48
Laptop cases 001-7010-532.31-01 86.54
Traffic calming class 001-7010-532.43-10 150.00
MIDDLETON AUTO AND TRUCK INC Rags 001-7010-532.35-01 12.27
OLYMPIC PAPER & SUPPLY CO Paper, 001-7010-532.31-01 69.46
OLYMPIC STATIONERS INC Inkjet paper 001-7010-532.31-01 19.47
File folders 001-7010-532.31-01 25.06
Scissors,stapler 001-7010-532.31-01 71.88
Binding comb,pencil,paper 001-7010-532.31-01 50.81
Binding comb,pencil,paper 001-7010-532.31-01 17.32
PENINSULA DAILY NEWS Asst Civil Eng job ad 001-7010-532.44-10 74.70
PORT ANGELES CITY TREASURER Office supplies 001-7010-532.31-01 10.82
Meeting refreshments 001-7010-532.43-10 10.88
PORTLAND PRECISION INSTR & RPR Battery 001-7010-532,35-01 243.92
QWEST 10-05 a/c 36O452O140945 001-7010-532.42-10 41.48
10-14 a/c 36O457O411199 001-7010-532.42-10 652,20
TELECOM LABS I NC Maintenance agreement 001-7010-532.42-10 217.78
UTILITIES UNDERGROUND LOC CTR September locates 001-7010-532.41-50 36.30
VERIZON WIRELESS 10-06 a/c 26470760-00001 001-7010-532.42-10 8.06
VIKING OFFICE PRODUCTS Binders,pens,paper 001-7010-532.31-01 103.60
WASHINGTON (DIS), STATE OF Scan chgs-September 001-7010-532.42-10 67.09
Public Works-Gen Fnd Administration Division Total: $2,624.28
Public Works-Gen Fnd Department Total: $2,624.28
QWEST 10-14 a/c 3604570411199 001-8010-574.42-10 69.89
RICOH BUSINESS SYSTEMS INC Color copies 001-8010-574.45-30 162.85
B&W copies 001-8010-574.45-30 158.62
TELECOM LABS INC Maintenance agreement 001-8010-574.42-10 23.34
WASHINGTON (DIS), STATE OF Scan chgs-September 001-8010-574.42-10 14.76
Parks & Recreation Administration Division Total: $429.46
OLYMPIC STATIONERS INC Ink cartridge 001-8011-574.31-01 32,45
Binding comb,pencil,paper 001-8011-574.31-01 43.82
PACIFIC OFFICE EQUIPMENT INC Chair 001-8011-574.31-01 427.39
Credit chair 001-8011-574.31-01 -427.39
Credit chair 001-8011-574.31-01 -215.32
PACIFIC OFFICE FURNITURE Chair 001-8011-574.31-01 427.39
5]
Page 7
Date: 10/27/03
City of Port Angeles
City Council Expenditure Report
From: 10/11/03 To: ~0/27/03
Vendor Description Account Number Invoice Amount
PACIFIC OFFICE[ FURNITURE... Chair 001-8011-574.31-01 215.32
QWEST 10-14 a/c 3604570411199 001-8011-574.42-10 46.59
TELECOM LABS INC Maintenance agreement 001-8011-574.42-10 15.56
WASHINGTON (DIS), STATE OF Scan chgs-September 001-8011-574.42-10 4.93
Parks & Recreation Recreation Division Total: $570.74
CAPACITY PROVISIONING INC INET Oct-Senior Center 001-8012-555.42-12 172.00
MIKE'S INSTALLATION Replace carpet 001-8012-555.48-10 231.99
OLYMPIC PRINTERS INC Business cerds-Bellamente 001-8012-555.31-01 83.53
OLYMPIC STATIONERS INC Astro paper 001-8012-555.31-01 17.28
QWEST 10-02 a/c 3604171942413 001-8012-555.42-10 43.98
10-14 a/c 3604570411199 001-8012-555.42-10 69.89
09-20 a/c 206T217227465 001-8012-555.47-10 60.50
TELECOM LABS INC Maintenance agreement 001-8012-555.42-10 23.34
Parks & Recreation Senior Center Division Total: $702.5'1
CAPACITY PROVISIONING INC INET Oct-Wm Shore Pool 001-8020-576.42-12 172.00
OLYMPIC PAPER & SUPPLY CO Cleaner 001-8020-576.31-06 63.32
Soap,clear liner,sponge 001-8020-576.31-08 464.16
PACIFIC OFFICE EQUIPMENT INC Service copier 001-8020-576.48-10 86.56
PORT ANGELES CITY TREASURER Refund swim lessons 001-8020-347.30-13 43,00
PUGET SAFETY E[QUIPMENT INC Safety gloves 001-8020-347,30-13 64,42
QWEST 10-14 a/c 3604570241950 001-8020-576.42-10 41.20
10-14 a/c 3604579958503 001-8020-576.42-10 57.54
10-14 a/c 3604570411199 001-8020-576.42-10 23.30
TELECOM LABS INC Maintenance agreement 001-8020-576.42-10 7.78
WASHINGTON (DIS), STATE OF Scan chgs-September 001-8020-576,42-10 0.24
Parks & Recreation William Shore Pool Division Total: $'1,023.52
ANGELES MILLWORK & LUMBER CO BUILDER'S SUPPLIES 001-8050-536.31-20 333.58
FASTENERS, FASTENING DEVS 001-8050-536.31-20 2.38
HAND TOOLS ,POW&NON POWEF 001-8050-536.31-20 17.46
LUMBER& RELATED PRODUCTS 001-8050-536.31-20 24.07
LUMBER& RELATED PRODUCTS 001-8050-536.31-20 -6.69
FASTENERS, FASTENING DEVS 001-8050-536.31-20 4.70
LUMBER& RELATED PRODUCTS 001-8050-536.31-20 8.02
HARDWARE,AND ALLIED ITEMS 001-8050-536.31-20 3.56
BRUSHES (NOT CLASSIFIED) 001-8050-536.31-20 7.49
LUMBER& RELATED PRODUCTS 001-8050-536~31-20 19.18
ROAD/HGVVY HEAVY EQUIPMENT 001-8050-536.31-20 4.83
BUILDER'S SUPPLIES 001-8050-536.31-20 10.77
LUMBER& RELATED PRODUCTS 001-8050-536,31-20 420.68
CAPACITY PROVISIONING INC INET Oct-Cemetery 001-8050-536.42-12 172.00
CORNELLAUTO PARTS ELECTRICAL EQUIP & SUPPLY 001-8050-536.31-20 10.80
FASTENERS, FASTENING DEVS 001-8050-536.31-20 4.00
52
Page 8
Date: 10/27103
City of Port Angeles
City Council Expenditure Report
From: ~0/1t/03 To: ~0/27/03
Vendor Description Account Number Invoice Amount
MA'I-rHEWS INTERNATIONAL CEMETERY MARKERS 001-8050-536,34-01 190.00
OLYMPIC LAUNDRY & DRY CLEANERS RAGS,SHOP TOWELS,WIPING 001-8050-536.31-20 23.26
PACIFIC OFFICE EQUIPMENT INC COMPUTERS,DP & WORD PROC. 001-8050-536.31-01 108.20
PUGET SAFETY EQUIPMENT INC EQUIP MAINT & REPAIR SERV 001-8050-536.31-20 75.23
QWEST 10-14 a/c 3604570411199 001-8050-536.42-10 23.30
QWEST DEX THE DIRECTORY SOURCE COMMUNICATIONS/MEDIA SERV 001-8050-536.44-10 160.10
SEQUIM GAZ~ ~ ~ ~, THE COMMUNICATIONS/MEDIA SERV 001-8050-536.44-10 55.00
SUNSET DO-IT BEST HARDWARE RENTAL OR LEASE SERVICES 001-8050-536.31-01 11.36
RENTAL OR LEASE SERVICES 001-8050-536.31-01 11.36
WELDING EQUIPMENT/SUPPLY 001-8050-536.31-20 255.31
TACOMA MONUMENTAL WORKS CEMETERY MARKERS 001-8050-536.34-01 55.00
CEMETERY MARKERS 001-8050-536.34-01 393.00
TELECOM LABS INC Maintenance agreement 00%8050-536.42-10 7.78
WASHINGTON (DIS), STATE OF Scan chgs-September 001-8050-536.42-10 4~94
Parks & Recreation Ocean View Cemetery Division Total: $2,419.67
ACE EQUIPMENT COMPANY LAWN MAINTENANCE EQUIP 001-8080-576.31-20 380.85
LAWN MAINTENANCE EQUIP 001-8080-576.31-20 64.60
ANGELES CONCRETE PRODUCTS Concrete,truck time,dye 001-8080-576.31-20 157.16
ANGELES MILLWORK & LUMBER CO HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 1.54
PAINTING EQUIPMENT & ACC 001-8080-576.31-20 22.59
CLOTHING & APPAREL 001-8080-576.31-20 6.48
MARKERS, PLAQUES,SIGNS 001-8080-576.31-20 8.00
ELECTRICAL EQUIP & SUPPLY 001-8080-576.31-20 1.06
BUILDER'S SUPPLIES 001-8080-576.31-20 6.46
BRUSHES (NOT CLASSIFIED) 001-8080-576.31-20 9.76
PAINTING EQUIPMENT & ACC 001-8080-576.31-20 11.30
PAINTING EQUIPMENT & ACC 001-8080-576.31-20 10.33
PAINTS,COATINGS,WALLPAPER 001-8080-576.31-20 5.94
PIPE FITTINGS 001-8080-578.31-20 2.03
AT&T WIRELESS SERVICES 10-02 a/c 44704773 001-8080-576.42-10 28.23
10-02 a/c 46008926 001-8080-576.42-10 27.24
BLAKE SAND & GRAVEL INC SEED,SOD,SOIL&INOCU LANT 001-8080-576.31-20 49.56
SEED,SOD,SOIL&INOCU LANT 001-8080-576.31-40 99.11
SEED,SOD,SOIL&INOCU LANT 001-8080-576.31-40 109.28
CAPACITY PROVISIONING INC INET Oct-VBCC 001-8080-576.42-12 172.00
IN ET Oct-Park Facilities 001-8080-576.42-12 172.00
INET Oct-Carnegie Library 001-8080-576.42-12 172.00
CORNELL AUTO PARTS AUTO & TRUCK MAINT. ITEMS 001-8080-576.31-20 19.35
PAINTS,COATINGS,WALLPAPER 001-8080-576.31-20 13.22
FASTENERS, FASTENING DEVS 001-8080-576.31-20 33.30
AUTO & TRUCK MAINT. ITEMS 001-8080-576.31-20 2.87
LAWN MAINTENANCE EQUIP 001-8080-576.31-20 3.76
53
Page 9
Date: 10/27/03
City of Port Angeles
City Council Expenditure Report
From: '10/11/03 To: 10/27/03
Vendor Description Account Number Invoice Amount
KAMAN INDUSTRIALTECHNOLOGIES LAWN MAINTENANCE EQUIP 001-8080-576.31-20 23.12
BEARINGS (EXCEPT WHEEL) 001-8080.576.31-20 30.51
MIDDLETON AUTOAND TRUCK INC LAWN MAINTENANCE EQUIP 001-8080-576.31-20 3.88
FRANKLIN SCHOOL PTO Deposit refund 001-8080-347.30-18 50.00
OLYMPIC STATIONERS INC OFFICE SUPPLY,INKS,LEADS 001-8080-576.31-20 15.15
Price adjustment' 001-8080-576.31-20 1.86
PARKER PAINT MFG CO INC FIRST AID & SAFETY EQUIP. 001-8080-576.31-20 2.01
FIRST AID & SAFETY EQUIP. 001-8080-576.31-20 6.48
PAINTS,COATINGS,WALLPAPER 001-8080-576.31-20 18.46
PAINTS,COATINGS,WALLPAPER 001-8080-576.31-20 17.74
PAINTS,COATINGSiWALLPAPER 001-8080-576.31-20 62.58
PORT ANGELES POWER EQUIPMENT LAWN MAINTENANCE EQUIP 001-8080-576.31-20 27.04
AUTO & TRUCK ACCESSORIES 001-8080-576.31-20 138.48
HOSES, ALL KINDS 001-8080-576.31-20 20.55
ROAD/HGWY HEAVY EQUIPMENT 001-8080-576.31-20 11.89
EQUIP MAINT & REPAIR SERV 001-8080-576.31-20 67.60
QWEST 10-14 a/c 3604572807724 001-8080-576.42-10 38.50
10-14 a/c 3604570411199 001-8080-576.42-10 23.30
RECYCLED EARTH PRODUCTS INC NURSERY STOCK & SUPPLIES 001-8080-576.31-40 292.14
NURSERY STOCK & SUPPLIES 001-8080-576.31-40 97.38
SUNSET DO-IT BEST HARDWARE RENTAL OR LEASE SERVICES 001-8080-576.31-01 17.04
RENTAL OR LEASE SERVICES 001-8080-576.31-01 17.04
PIPE FITTINGS 001-8080-576.31-20 10.47
MATERIAL HNDLING&STOR EQP 001-8080-576.31-20 5.35
FASTENERS, FASTENING DEVS 001-8080-576.31-20 1.70
HAND TOOLS ,POW&NON POWEF001-8080-576.31-20 15.14
PIPE AND TUBING 001-8080-576.31-20 43.06
PIPE FITTINGS 001-8080-576.31-20 5.58
CHEM RAW MATERIALS MFG 001-8080-576.31-20 202.45
FASTENERS, FASTENING DEVS 001-8080-576.31-20 8.74
HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 24.24
POISONS:AGRICUL& INDUSTR 001-8080-576.31-40 8.63
PIPE FITTINGS 001-8080-576.31-40 3.35
SWAIN'S GENERAL STORE INC FASTENERS, FASTENING DEVS 001-8080-576.31-20 1.23
HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 1.05
FASTENERS, FASTENING DEVS 001-8080.576.31-20 11.69
HAND TOOLS ,POW&NON POWEF001-8080-576.31-20 3.86
JANITORIAL SUPPLIES 001-8080-576.31-20 3.00
CLOTHING & APPAREL 001-8080-576.31-20 7.37
PLASTICS 001-8080-576,31-20 1.17
PAINTING EQUIPMENT & ACC 001-8080-576.31-20 2.35
PAINTING EQUIPMENT & ACC 001-8080-576.31-20 2.32
54
Page 10
Date: 10127103
City of Port Angeles
City Council Expenditure Report
From: 10/11/03 To: 10/27/03
Vendor Description Account Number Invoice Amount
SWAIN'S GENERAL STORE INC... PAINTING EQUIPMENT & ACC 001-8080-576.31-20 4.70
CHEM RAW MATERIALS MFG 001-8080-576.31-20 20.31
PLUMBING EQUIP FIXT,SUPP 001-8080-576.31-20 3.21
PAINTS,COATINGS,WALLPAPER 001-8080-576.31-20 8.59
CLOTHING & APPAREL 001-8080-576.31-20 5.27
PAINTS,COATINGS,WALLPAPER 001-8080-576.31-20 12.85
POISONS:AGRICUL&INDUSTR 001-8080-576.31-40 9.60
PAINTS,COATINGS,WALLPAPER 001-8080-576.31-40 17.18
TELECOM LABS INC Maintenance agreement 001-8080-576.42-10 7.78
WASHINGTON (DIS), STATE OF Scan chgs-September 001-8080-576.42-10 0.47
WATERMILL INC, THE CHEM RAW MATERIALS MFG 001-8080-576.31-40 1,557.99
Parks & Recreation Park Facilities Division Total: $4,581.47
Parks & Recreation Department Total: $9,7'18.37
AIR FLO HEATING COMPANY INC AIR CONDITIONING & HEATNG 001-8130-518.48-10 240.62
ANGELES LOCK SHOP HARDWARE,AND ALLIED ITEMS 001-8130-518.31-20 9.74
ANGELES MILLWORK & LUMBER CO PAINTS,COATINGS,WALLPAPER 001-8130-518.31-20 6.15
BUILDERS HARDWARE & SUPPLY CO HARDWARE,AND ALLIED ITEMS 001-8130-518.31-20 357.96
CED/CONSOLIDATED ELEC DIST INC ELECTRICAL EQUIP & SUPPLY 001-8130-518.31-20 145.29
GRAINGER ELECTRICAL EQUIP & SUPPLY 001-8130-518.31-20 105.32
OLYMPIC PAPER & SUPPLY CO JANITORIAL SUPPLIES 001-8130-518.31-20 49.00
PAPER & PLASTIC-DISPOSABL 001-8130-518.31-20 239.58
ORKIN EXTERMINATING COMPANY INC POISONS:AGRICUL&INDUSTR 001-8130-518.41-50 54.10
POISONS:AGRICUL & INDUSTR 001-8130-518.41-50 54.10
POISONS:AGRICUL & INDUSTR 001-8130-518.41-50 54.10
OTIS ELEVATOR COMPANY INC EQUIPMENT MAINTENANCE,REC 001-8130-518.41-50 1,677.86
PORT ANGELES CITY TREASURER Toilet tissue 001-8130-518.31-01 9.89
PORTANGELES POWER EQUIPMENT LAWN MAINTENANCE EQUIP 001-8130-518.31-20 18.05
QWEST 10-02 AJC 3604170786905 001-8130-518.31-01 28.96
SUNSET DO-IT BEST HARDWARE PiPE FITTINGS 001-8130-518.31-20 2.62
PLUMBING EQUIP FIXT,SUPP 001-8130-518.31-20 4.86
PLUMBING EQUIP FIXT,SUPP 001-8130-518.31-20 5.15
AUTO & TRUCK MAINT. ITEMS 001-8130-518.31-20 4.27
CLOTHING &APPAREL 001-8130-518.31-20 7.58
HARDWARE,AND ALLIED ITEMS 001-8130-518.31-20 0.33
SWAIN'S GENERAL STORE tNC HAND TOOLS ,POW&NON POWEF001-8130-518.31-20 3.11
HARDWARE,AND ALLIED ITEMS 001-8130-518.31-20 3.97
WATERLESS CO LLC JANITORIAL SUPPLIES 001-8130-518.31-20 301.89
Parks & Rec-Maintenance Custodial/Janitorial Svcs Division Total: $3,384.50
Parks & Rec-Maintenance Department Total: $3,384.50
General Fund Fund Total: $82,261
PORT ANGELES CHAMBER OF COMM Media Plan expenses 101-1430-557.50-83 12,552.80
Convention Center Convention C~ter Division Total: $12,552.80
Page 11
Date: 10/27/03
City of Port Angeles
City Council Expenditure Report
From: 10/11/03 To: 10/27/03
Vendor Description Account Number Invoice Amount
Convention Center Department Total: $12,552.80
Convention Center Fund Fund Total: $12,552.8{]
ANGELES CONCRETE PRODUCTS pW CONSTRUCTION & RELATED 102-7230-542,31-20 533.97
PW CONSTRUCTION & RELATED 102-7230-542.31-20 390.60
PW CONSTRUCTION & RELATED 102-7230-542.31-20 839.09
PW CONSTRUCTION & RELATED 102-7230-542.31-20 572,11
PWCONSTRUCTION & RELATED 102-7230-542.31-20 572.11
ANGELES MILLWORK & LUMBER CO SUPPLIES 102-7230-542.31-20 11.21
PW CONSTRUCTION & RELATED 102-7230-542.31-20 1.13
PW CONSTRUCTION & RELATED 102-7230-542.31-20 6,54
PW CONSTRUCTION & RELATED 102-7230-542.31-20 8.53
PW CONSTRUCTION & RELATED 102-7230-542.31-20 8.53
SUPPLIES 102-7230-542.31-20 13.15
PW CONSTRUCTION & RELATED 102-7230-542.31-20 101.17
SUPPLIES 102-7230-542.31-20 67.78
LUMBER& RELATED PRODUCTS 102-7230-542.31-20 20.08
Insert bit 102-7230-542.31-20 5.09
Whisk broom 102-7230-542.31-20 5.13
Swivel-lock 102-7230-542.31-20 6.68
MARKERS, PLAQUES,SIGNS 102-7230-542.31-25 10.17
MARKERS, PLAQUES,SIGNS 102-7230-542.31-25 139.99
AT&T WIRELESS SERVICES 10-02 a/c 43487438 102-7230-542.42-10 0.01
BLAKE SAND & GRAVEL INC PW CONSTRUCTION & RELATED 102-7230-542.31-20 86.78
PW CONSTRUCTION & RELATED 102-7230-542.31-20 25.97
PW CONSTRUCTION & RELATED 102-7230-542.31-20 25.97
PW CONSTRUCTION & RELATED 102-7230-542.31-20 25.97
PW CONSTRUCTION & RELATED 102-7230-542.31-20 198.22
SEED,SOD,SOIL&INOCULANT 102-7230-542.31-20 61.94
SEED,SOD,SOIL&INOCULANT 102-7230-542.31-20 408.83
CAPACITY PROVISIONING INC INET Oct-Corp Yard 102-7230-542.42-12 172~00
CLALLAM CNTY ROAD DEPT SUPPLIES 102-7230-542.31-25 3,806.91
DIGITAL COPY SERVICES INC Copies overage 102-7230-542.31-01 12.65
Svc Agreement pe 10-01-04 102-7230-542.31-01 101.44
HARTNAGEL BUILDING SUPPLY INC SUPPLIES 102-7230-542.31-20 36.17
Therma fit glove 102-7230-542.31-20 6.48
KEN RIDOUT Reimburse mileage 102-7230-542.43-10 99.36
OLYMPIC PAPER & SUPPLY CO Quick sorb absorbent 102-7230-542.31-20 183.04
OLYMPIC STATIONERS INC Envelopes,pens,protectors 102-7230-542.31-01 27.62
SUPPLIES 102-7230-542.31-01 131.46
PACIFIC OFFICE EQUIPMENT INC Cable gender changer 102-7230-542.31-60 15.13
PORT ANGELES POWER EQUIPMENT Fuel cap 102-7230-542.31-20 6.49
PUGET SAFETY EQUIPMENT INC FIRST AID & SAFETY ~,j~(~IP. 102-7230-542.31-20 199.70
Page 12
Date: 10/27/03
City of Port Angeles
City Council Expenditure Report
From: 10/11/03 To: 10/27/03
Vendor Description Account Number Invoice Amount
PUGET SAFETY EQUIPMENT INC... OPTICAL EQUIP ACESS& SUPP 102-7230-542.31-20 101.34
QWEST 10-14 a/c 3604570411199 I02-7230-542.42-10 69.89
SHOTWELL CORP, JONATHAN PW CONSTRUCTION & RELATED 102-7230-542.31-20 21.64
PWCONSTRUCTION & RELATED 102-7230-542.31-20 156.89
SUNSET DO-IT BEST HARDWARE PW CONSTRUCTION & RELATED 102-7230-542.31-20 29.35
SWAIN'S GENERAL STORE INC LAWN MAINTENANCE EQUIP 102-7230-542.31-20 12.41
Handle 102-7230-542.31-20 3.97
Credit sockets 102-7230-542.31-25 -23.74
Sockets 102-7230-542.31-25 11.87
Sockets 102-7230-542.31-25 11.87
SUPPLIES 102-7230-542.31-25 58.55
Masking tape,spray paint 102 -7230-542.31-25 20.86
TELECOM LABS INC Maintenance agreement 102-7230-542.42-10 23.34
UNITED HORTICULTURAL SUPPLY SEED,SOD,SOIL&INOCULANT 102-7230-542.31-20 103.37
VERIZON WIRELESS 10-06 a/c 264707060-00002 102-7230-542.42-10 18.92
10-06 a/c 26470760-00001 102-7230-542.42-10 11.07
WASHINGTON (DIS), STATE OF Scan chgs-September 102-7230-542.42-10 0.48
Public Works-Street Street Division Total: $9,577.28
Public Works-Street Department Total: $9,577.28
Street Fund Fund Total: $9,577.28
PORT ANGELES DOWNTOWN ASSN Contract pmt-3rd Qtr 103-1511-558.41-50 4,375.00
PUGET SOUND BUSINESS JOURNAL Smith -1063670 subscribe 103-1511-558.49-01 78.95
QWEST 10-14 a/c 3604570411199 103-1511-558.42-10 23.30
TELECOM LABS INC Maintenance agreement 103-1511-558.42-10 7.78
WASHINGTON (DIS), STATE OF Scan chgs-September 103-1511-558.42-10 28.33
Economic Development Economic Development Division Total: $4,513.36
Economic Development Department Total: $4,513.36
Economic Development Fund Total: $4,513.36
APCO ASSN OF PUBLIC SAFETY Annual dues-Johnson 65401 107-5160-528.49-01 60.00
Annual dues-Homan 97597 107-5160-528.49-01 60.00
Annual dues-Hamlin 79954 I07-5160-528.49-01 60.00
Annual dues-Hanson 77227 107-5160-528.49-01 60.00
Annual dues-Rife 79953 107-5160-528.49-01 60.00
Annual dues-Roedel165403 107-5160-528.49-01 60.00
Annual dues-OConnor 16242 107-5160-528.49-01 60.00
Annual dues-Crabb 82644 107-5160-528.49-01 60.00
Annual dues-Romberg 69755 107-5160-528.49-01 60.00
Annual dues-Rife 102531 107-5160-528.49-01 60.00
Dues-Baughman 99667 107-5160-528.49-01 60.00
Annual dues-Wu 57241 107-5160-528.49-01 80.00
Annual dues-Barber 99755 107-5160-528.49-01 120.00
Dues-VanSickle 996685 7 107-5160-528.49-01 60.00
Page 13
City of Port Angeles Date: 10/27/03
City Council Expenditure Report
From: 10/11/03 To: I0/27/03
Vendor Description Account Number invoice Amount
CENTURYTEL 10-06 a/c 3600800120 107-5160-528.42-11 255.49
10-06 a/c 3603742231 107-5160-528.42-11 96.26
10-06 a/c 3606452653 107-5160-528.42-11 83.94
C!-ALLAM CNTY INFORMATION TECHNOL Renew Norton Anti-virus 107-5160-528.48-10 101.24
JPMORGANCHASE Lodging 107-5160-528.43-10 388.02
Lodging expense 107-5160-528.43-10 590.00
NEW WORLD SYSTEMS Service hrs 09/17-18 107-5160-528.48-10 2,000.00
Service hrs 09/15-09/19 107-5160-528.48-10 1,005.46
Misc svc 09-19 107-5160-528.48-10 250.00
OLYMPIC PRINTERS INC Envelopes 107-5160-528.31-01 51.57
PACIFIC OFFICE EQUIPMENT INC Service printer 107-5160-528.48-10 17.53
Toner cartridges 107-5160-528.48-10 203.41
POWERPHONE INC Emergency Dispatch Skills 107-5160-528.43-10 349.00
QWEST 00-23 a/c 206T411918873 107-5160-528.42-10 60.50
1 0-14 e/c 3604570411199 107-5160-528.42-10 396. 02
10-02 a/c 360Z020380301 107-5160-528.42-11 6,806.81
R~CHMOND 2-WAY RADIO Service Dictaphone 107-5160-528.48-10 210.99
Rewire connectors 107-5160-528.48-10 150.00
TELECOM LASS INC Maintenance agreement 107-5160-528.42-10 132.24
UNITED PARCEL SERVICE Shipping chgs-Sept 107-5160-528.42-10 6.05
WASHINGTON (DIS), STATE OF Scan chg$-September 107-5160-528.42-10 35.15
Pencom Pencom Division Total: $14,109.68
Pencom Department Total: $14,109.68
Pencom Fund Fund Total: $14,109.68
APEX CREDIT SUREAU Credit report 150-1580-558.41-50 27.05
Economic Development Elec Util Rurel Econ Dev Division Total: $27.05
Economic Development Department Total: $27.05
Elec/Util Rural Econ Dev Fund Total: $27.05
VIKING OFFICE PRODUCTS Stapler,staples,clips 174-8210-574.31-01 70.81
Recreation Activities Administration Division Total: $70.81
SWAIN'S GENERAL STORE INC Softballs 174-8221-574.31-01 54.14
Recreation Activities Sports Programs Division Total: $54.14
JPMORGANCHASE Forest Frenzy food 174-8222-574.31-01 221.76
Recreation Activities Special Events Division Total: $22t.76
RADIOSHACK Jacks,cables 174-8223-574.31-01 38.91
Recreation Activities Adult Programs Division Total: $38.9'1
AT&T WIRELESS SERVICES 10-05 a/c 49208770 174-8224-574.42-10 14.73
10-05 a/c 49208598 174-8224-574.42-10 15.43
OLYMPIC STATIONERS INC Cover stock 174-8224-574.31-01 13.15
PORT ANGELES CtTY TREASURER Pre K music 174-8224-574.31-01 10181
SWAIN'S GENERAL STORE INC After School Prg supplies 174-8224-574.31-01 54.29
VIKING OFFICE PRODUCTS Paper 174-8224-574.31-01 14.12
58
Page 14
Date: 10/27/03
City of Port Angeles
City Council Expenditure Report
From: ~0/11/03 To: ~0/27/03
Vendor Description Account Number Invoice Amount
Recreation Activities Youth/Family Programs Division Total: $122.83
Recreation Activities Department Total: $508.15
Park & Recreation Fund Fund Total: $508.15
MA'I-I'HEWS INTERNATIONAL INC CEMETERY MARKERS 186-8576-576.34-01 62.00
CEMETERY MARKERS 186-8576-576.34-01 62.00
CEMETERY MARKERS 186-8576-576.34-01 62.00
Waterfront Trail Waterfront Trail Division Total: $186.00
Waterfront Trail Department Total: $186.00
Waterfront Trail Fund Total: $186.0{3
SUNSET DO-IT BEST HARDWARE Holesaws,bit 310-7919-594.65-10 46.13
Holesaws,bJt 310-7919-594.65-10 17.27
Oil 310-7919-594.65-10 5.82
Credit hex cap 310-7919-594.65-10 -4.35
Holesaw,arbor 310-7919-594.65-10 20.43
SWAIN'S GENERAL STORE INC Bolts 310-7919-594.65-10 13.05
Capital Projects-Pub Vi/ks GF, Pub Wks Projects Division Total: $98.35
ASM SIGNS Trait dosed signs 310-7930-595.31-01 643.81
Capital Projects-Pub Wks GF-Stroet Projects Division Total: $643.6t
BUILDERS EXCHANGE OF WA tNC Gateway project signal 310-7965-595.44-10 60.15
PENINSULADAILYNEWS REQ FOR BIDS-DOWNTOWN SIG 310-7965-595.44-10 327.60
Capital Projects-Pub Wks ST-Multi-Modal Transp Cfr Division Total: $387.76
Capital Projects-Pub Wks Department Total: $1,129.71
ARC ARCHITECTS PA Rec Ctr Study-pe 09-25 310-8921-594.41-50 342.72
Capital Proj-Parks & Rec Wm Shore Pool Renovation Division Total: $342.72
Capital Proj-Parks & Rec Department Total: $342.72
Capital Improvement Fund Total: $1,472.43
MARY ELSIE REIMER Deposit refund 316-8982-362.40-12 50.00
TESSA WILCOX Deposit refund 316-8982-362.40-12 65.00
Capital Proj-Parks & Rec Lincoln Park Improvmt Division Total: $115.00
Capital Proj-Parks & Rec Department Total: $116.00
Lincoln Park Improvement Fund Total: $115.0(~
HOCH CONSTRUCTION INC Contract pmt #13 327-7931-594.65-10 64,082.59
US BANK OF PORT ANGELES #87 Escrow 153591659518-Hoch 327-7931-594.65-10 3,104.78
Capital Projects-Pub Wks G F-Carnegie Restoration Division Total: $67,187.37
Capital Projects-Pub Wks Department Total: $67,187.37
GF. Carnegie Library Fnd Fund Total: $67,187.37
BIRD-B-GONE INC ELECTRICAL EQUIP & SUPPLY 401-0000-141.40-00 459.48
ELECTRICAL EQUIP & SUPPLY 401-0000-237.00-00 -38.85
GENERAL PACIFIC INC ELECTRICAL EQUIP & SUPPLY 401-0000-141.40-00 10,865.38
ELECTRICAL EQUIP & SUPPLY 401-0000-141.40-00 5,526.16
ELECTRICAL EQUIP & SUPPLY 401-0000-141.40-00 2,635.23
59
Page 15
Date: 10/27/03
City of Port Angeles
City Council Expenditure Report
From: 10/11/03 To: 10/27/03
Vendor Description Account Number Invoice Amount
GENERAL PACIFIC INC... ELECTRICAL EQUIP & SUPPLY 401-0000-141.40-00 4,493.87
ELECTRICAL EQUIP & SUPPLY 401-0000-141.40-00 4,144.62
GRA SERVICES INTL EPOXY BASED FORMULAS 401-0000-141.40-00 2,116.02
EPOXY BASED FORMULAS 401-0000-237.00-00 -160.37
HANSON PIPE & PRODUCTS INC ELECTRICAL EQUIP & SUPPLY 401-0000-141.40-00 761.60
ELECTRICAL EQUIP & SUPPLY 401-0000-141.40-00 403.02
BAKER, TRACY UB CR REFUND-FINALS 401-0000-122.10-99 112.79
BAUER, JENNIFER MANUAL CHECK 401-0000-122.10-99 28.80
BECKER, CHARLES W MANUAL DEPOSIT REFUND 401-0000-122.10-99 250.00
CROWNER, CHANDRIKA US CR REFUND-FINALS 401-0000-122.10-99 76.47
DAVlDSON, SARAH UB CR REFUND-FINALS 401-0000-122.10-99 80.54
DEBONEY, CHRIS UB CR REFUND-FINALS 401-0000-122.10-99 71.81
FANNIN, BARBARA MANUAL DEPOSIT REFUND 401-0000-'122.10-99 250.00
GABELEIN, JONATHAN MANUAL DEPOSIT REFUND 401-0000-122.10-99 250.00
HENDERSON, NICOLLE UR CR REFUND-FINALS 401-0000-122.10-99 79.52
MANGANO, PHYLLIS J MANUAL CH ECK 401-0000-122.10-99 200.00
PERRY, STEPHANIE UR CR REFUND-FINALS 401-0000-122.10-99 61.39
SCOPO, THERESA UB CR REFUND-F~NALS 401-0000-122.10-99 65.98
TAYLOR, PA'CFI MANUAL CHECK 401-0000-122.10-99 48.00
MAN UAL CHECK 401-0000-122.10-99 -48.00
THOMAS, DEREK MANUAL DEPOSIT REFUND 401-0000-122.10-99 125.00
TURMAN, LINDA MARIE UB CE REFUND-FINALS 401-0000-122.10-99 107.45
WANG, XlN UB CR REFUND-FINALS 401-0000-122.10-99 96.39
WOODS, STACEY MANUAL DEPOSIT REFUND 401-0000-122.10-99 250.00
Division Total: $33,312.30
Department Total: $33,312.30
CAPACITY PROVISIONING INC INET Oct-Lt Eng City Hall 401-7111-533.42-12 288.33
COSTCO CREDIT CARD PM'rs Computer supplies 401-7111-533.31-60 81.12
EQUIFAX Credit reporting svcs 401-7111-533.41-50 34.95
IEEE 2004- Harper #41272949 401-7111-533.49-01 172.00
PACIFIC OFFICE EQUIPMENT INC CO Rom 401-7111-533.31-60 21.64
PENINSULA DAILY NEWS Tree trimming 401-7111-533.44-10 122.40
Public Works-Electric Engineering-Electric Division Total: $720.44
CAPACITY PROVISIONING INC INET Oct-Lt Resource Mgt 401-7120-533.42-12 288.33
COSTCO CREDIT CARD PMT8 Cordless keyboard,mouse 401-7120-533.31-01 173.10
PENINSULA DAILY NEWS ELECTRIC RATE ORDINANCE 401-7120-533.44-10 40.50
Public Works-Electric Power Resource Mgmt Division Total: $50t .93
ANGELES CONCRETE PRODUCTS Control density fill 401-7180-533.48-10 378.70
Control density fill 401-7180-533.48-10 757.40
Control density fill 401-7180-533.48-10 340.83
Control density fill 401-7180-533.48-10 302.96
AT&T WIRELESS SERVICES 10-02 a/c 45528387 401-7180-533.42-10 16.10
60
Page 16
Date: 10/27/03
City of Port Angeles
City Council Expenditure Report
From: 10/11/03 To: ~0/27/03
Vendor Description Account Number Invoice Amount
AT&T WIRELESS SERVICES... 10-02 a/c 45570652 401-7180-533~42-10 39.76
10-02 a/c 44690139 401-7180-533.42-10 26.76
10-05 a/c 49335938 401-7180-533,42-10 10.88
BIRD-B-GONE INC EPOXY BASED FORMULAS 401-7180-533,31-20 53.02
BLAKE SAND & GRAVEL INC ELECTRICAL EQUIP & SUPPLY 401-7180-533,35-01 169.73
SUSINESSANSWERPHONESERVICE November service 401-7180-533.42-10 160.00
CAPACITY PROVISIONING INC INET Oct-Light Division 401-7180-533.42-12 2,306.67
CED/CONSOLIDATED ELEC DIST INC PVC cement 401-7180-533.31-20 190.86
Plastic tape 401-7180-533.31-20 335.42
PVC cement 401-7180-533,34-02 249.29
CORNELL AUTO PARTS Permatex 401-7180-533.31-20 9.29
Adhesive 401-7180-533,31-20 13.12
Adhesive 401-7180-533.31-20 26.24
Socket set 401-7180-533.35-01 17.87
Automotive product,cupran 401-7180-533,48-10 33.20
HANSON PIPE & PRODUCTS INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 710.00
HIGHLINEEQUIPMENTDIV BAGS,BAGGING,TIES,EROSION 401-7180-533,35-01 17.84
CLOTHING & APPAREL 401-7180-533,35-01 217.87
Nut and bolt bag 401-7180-533.35-01 13.15
FIRST AID & SAFETY EQUIP. 401-7180-533.35-01 749.14
CLOTHING & APPAREL 401-7180-533.35-01 35.41
SHARON EDGINGTON Rfd electrical overpmt 401-7180-379,00-00 5,598.87
DAVE IRELAND Reimburse mileage 401-7180-533.43-10 85.68
MT PLEASANT COUNTRY SUPPLY Tube gate 401-7180-533,48-10 104.94
OLYMPIC SYNTHETIC PRODUCTS MATERIAL HNDLING&STOR EQP 401-7180-533.35-01 256.97
PACIFIC OFFICE EQUIPMENT INC Interface 401-7180-533.31-60 90.89
Carrying case 401-7180-533.35-01 182.86
PUD #1 OF CLALLAM COUNTY Wheeling chgs pe June 03 401-7180-533,33-50 4,368.30
Resistance test 401-7180-533,48-10 914.26
PUGET SAFETY EQUIPMENT INC Safety glasses 401-7180-533.31-20 133.02
QWEST 10-02 a/c 3604178095336 401-7180-533.42-10 40.09
10-02 a/c 206Z020411942 401-7180-533,42-10 64.92
1 O- 14 aJc 3604570411199 401-7180-533,42-10 326.14
RICHMOND 2-WAY RADIO Replaced antenna 401-7180-533.48-10 21.64
s & B INC Field svcs 401-7180-533.48-10 195.84
SANDERSON SAFETY SUPPLY CO 4 Blend gas 401-7180-533.31-20 346.00
SERENITY HOUSE Refund overpmt 401-7180-379.00-00 4,949.02
SUNSETDO-ITSESTHARDWARE Oxygen 401-7180-533.31-20 14.60
Marking paint 401-7180-533.31-20 50.13
White marking paint 401-7180-533.31-20 55.70
BLANKET PURCHASE ORDER 401-7180-533.31-20 9.28
Vise gdp,hex adapter 401-7180-533.35-01 26.55
Page 17
Date: 10/27/03
City of Port Angeles
City Council Expenditure Report
From: 10/'11/03 To: 10/27/03
Vendor Description Account Number Invoice Amount
SUNSET DO*IT BEST HARDWARE... Battery 401-7180-533.35-01 25.63
Handsaw 401-7180-533.35-01 21.61
Valve 401-7180-533.48-10 10.02
Valve,nipple,ball valve 401-7180-533.48-10 68.40
Support clamp,nipple 40%7180-533.48-10 5.41
Pipe,culvert bands 401-7180-533.48-10 45.26
Culvert bands 401-7180-533.48-10 6.26
SWAIN'S GENERAL STO~E/NC Fasteners,wall mount 401-7180-533.31-20 12.31
Batteries 401-7180-533.35-01 19.28
Clamp 401-7180-533.48-10 4.20
TACOMA SCREW PRODUCTS INC Screws,washers 401-7180-533.31-20 5.72
Screws ,washers 401-7180-533.34-02 142.77
TELECOM LABS INC Maintenance agreement 401-7180-533.42-10 108.90
WASHINGTON (DIS), STATE OF Scan chgs-September 401-7180-533.42-10 33.46
Public Works-Electric Electric Operations Division Total: $25,526.44
CAPACITY PROVISIONING INC Change L-Transponders 401-7188-594.65-10 14,845.04
QWEST 10-14 a/c 3604574717777 401-7188-594.42-10 41.19
UNITED PARCEL SERVICE Shipping chgs-Sept 401-7188-594.42-10 5.99
Public Works-Electric Electric Projects Division Total: $14,892.22
Public Works-Electric Department Total: $41,64t.03
Electric Utility Fund Fund Total: $74,953.33
ACE EQUIPMENT COMPANY Rope,plug,cerb kit 402-7380-534.31-20 52.15
Blocks 402-7380-534.34-02 215.31
ADVANCED TRAVEL Backflow Conf-Las Vegas 402-7380-534.43-10 623.50
ANGELES CONCRETE PRODUCTS Control density fill 402-7380-534.34-02 378.70
ANGELES LOCK SHOP Key,key by code 402-7380-534.31-01 14.07
Locks 402-7380-534.34-02 136.75
ANGELES MILLWORK & LUMBER CO Female mender~ 402-7380-534.34-02 3.68
Supplies 402-7380-534.34-02 20.64
Lumber 402-7380-534.34-02 40.51
ASSN BOARDS OF CERTIFICATION Exam fee-Springfield 402-7380-534.43-10 35.00
BLAKE SAND & GRAVEL INC Concrete bricks 402-7380-534.34-02 37.39
Patio blocks 402-7380-534.34-02 31.81
Blended soJJ 402-7380-534.34-02 148.67
CAPACITY PROVISIONING INC INET Oct-Water Division 402-7380-534.42-12 356.82
DIGITAL COPY SERVICES INC Copies overage 402-7380-534.48-10 12.66
Svc Agreement pe 10-01-04 402-7380-534.48-10 101.44
FAMIUAN NORTHWEST INC PIPE FITTINGS 402-7380-534.34-02 234.69
JPMORGANCHASE Shipping chgs 402-7380-534.42-10 44.63
OLYMPIC LAUNDRY & DRY CLEANERS 3 Bags rags 402-7380-534.31-20 23.26
Rags 402-7380-534.34-02 15.69
OLYMPIC PAPER & SUPPLY CO Liquid chlorine 402-7380-534.31-05 395.98
52
Page 18
Date: 10/27/03
City of Port Angeles
City Council Expenditure Report
From: 10/11/03 To: 10/27/03
Vendor Description Account Number Invoice Amount
OLYMPIC PAPER & SUPPLY CO... Liquid chlodne 402-7380-534.31-05 358.14
OLYMPIC STATIONERS INC Envelopes,pens,protectors 402-7380-534.31-01 27.61
Ink,pencil sharpener 402-7380-534.31-01 61.10
Calendar, stapler,scissors 402-7380-534.31-01 89.32
ORKIN EXTERMINATING COMPANY INC Pest control svcs 402-7380-534.31-20 86.56
PACIFIC OFFICE EQUIPMENT INC Desk 402-7380-534,31-01 215.32
QWEST 10-10 a/c 360Z100240955 402-7380-534,42-10 525.01
10-14 a/c 3604570411199 402-7380-534.42-10 23.30
RADIOSHACK Cell phone case 402-7380-534.42-10 32.45
S & B INC Field svcs 402-7380-534.48-10 293.76
STEAM SUPPLY SUPPLIES 402-7380-534.31-20 630.38
SUPPLIES 402-7380-534.34-02 791.38
SUNSET DO-IT BEST HARDWARE Ball valve 402-7380-534.31-20 6.22
Pick handle,clamp,union 402-7380-534.34-02 20.88
Flat washers 402-7380-534.34-02 3.70
Fender wash 402-7380-534.34-02 3.90
SWAIN'S GENERAL STORE INC Cleaning supplies 402-7380-534.31-20 28.31
Screwdriver,batteries 402-7380-534.31-20 16.67
Masking tape,roller cover 402-7380-534.31-20 8.30
Soap,insect repellent 402-7380-534,31-20 11,08
Hoses 402-7380-534.34-02 93.29
TELECOM LABS INC Maintenance agreement 402-7380-534.42-10 7.78
UTILITIES UNDERGROUND LOC CTR September locates 402-7380-534,48-10 18.15
WASHINGTON (DIS), STATE OF Scan chgs-September 402-7380-534.42-10 7.98
WASHINGTON (DOH), STATE (ABC) Retake fee-Springfield 402-7380-534.43-10 32,00
Public Works-Watar Water Division Total: $6,315.92
Public Works-Water Department Total: $6,315.92
Water Fund Fund Total: $6,3t 5.92
CHAMPLAIN VALLEY COMPOST INC EQUIP MAINT & REPAIR SERV 403-0000-237.00-00 -207.71
NCL NORTH CENTRAL LABORATORIES RENTAL/LEASE EQUIPMENT 403-0000-237.00-00 -171.78
RENTAL/LEASE EQUIPMENT 403-0000-237.00-00 -46.96
Division Total: -$426.43
Department Total: -$426.43
ACE EQUIPMENT COMPANY Wedges 403-7480-535.31-20 3.78
ADVANCED TRAVEL Biosolids Mgt Chelan-Gary 403-7480-535.43-10 407.90
Biosolids Conf-Young 403-7480-535.43-10 407.90
ANGELES MILLWORK & LUMBER CO Teflon lubricant 403-7480-535.31-20 7.18
Electric hammer rental 403-7480-535.31-20 90.46
Paint 403-7480-535.31-20 4.09
Electric hammer rental 403-7480-535.31-20 45.23
CAPACITY PROVISIONING INC INET Oct-Wastewater Div 403-7480-535.42-12 654.18
CHAMPLAIN VALLEY COMPOST INC ARCHITECT&OTHER DESIGN 403-7480-535,31-20 728,19
63
Page 19
Date: 10/27/03
City of Port Angeles
City Council Expenditure Report
From: '10/'!'1/03 To: '10/27/03
Vendor Description Account Number Invoice Amount
CHAMPLAIN VALLEY COMPOST INC... EQUIP MAINT & REPAIR SERV 403-7480-535.31~20 2,012.52
CORNELL AUTO PARTS Black krylon,aerosol kry 403-7480-535.31-20 16.86
FAMILIAN NORTHWEST INC PIPE FITTINGS 403-7480-535.31-20 101.64
PiPE FITTINGS 403-7480-535.31-20 181.78
PVC pipe 403-7480-535.31-20 98.98
ARCHITECT&OTHER DESIGN 403-7480-535.42-10 16.23
HARTNAGEL BUILDING SUPPLY INC Reel tape 403-7480-535.31-20 230.10
ISCO INC BOATS,MOTORS,& MARINE SUP 403-7480-535.31-20 282.03
ARCHITECT&OTHER DESIGN 403-7480-535.42-~10 10.85
JPMORGANCHASE Shipping chgs 403-7480-535.42-10 44.62
KAMAN INDUSTRIAL TECHNOLOGIES Sure flex sleeve 403-7480-535.31-20 24.64
EQUIPMENT MAINTENANCE,REC 403-7480-535.31-20 243.55
SHIPPING AND HANDLING 403-7480-535.42-10 13.32
L & L TOOL SPECIALTIES Dial indicator, mag base 403-7480-535.31-20 51.89
LINCOLN INDUSTRIAL CORP Sheet metal,shears 403-7480-535.31-20 53.34
BRIAN RICHARDSON Group 3 VVWTP DP Cert 403-7480-535.43-10 72.00
NCL NORTH CENTRAL LABORATORIES RENTAL/LEASE EQUIPMENT 403-7460-535.35-01 2,266.31
RENTAL/LEASE EQUIPMENT 403-7480-535.35-01 619.55
OLYMPIC ELECTRIC CO INC Repair fan,water pump 403-7480-535.48-10 469.59
Repair flow meter 403-7480-535.48-10 110.36
Sludge pump,flowmeter svc 403-7480-535.48-10 257.52
OLYMPIC PAPER & SUPPLY CO Paper towels 403-7480-535.31-20 151.35
OLYMPIC SPRINGS INC Water 403-7480-535.31-20 24.89
Cooler rental 403-7480-535.31-20 21.53
OLYMPIC STATIONERS INC Binders,pens 403-7480-535.31-01 33.30
Clipboards 403-7480-535.31-01 36.80
PORT ANGELES CITY TREASURER Ice 403-7480-535.31-20 5.19
Meeting refreshments 403-7480-535.43-10 43.42
PUGET SAFETY EQUIPMENT INC Rain gear 403-7480-535.31-20 56.67
QWEST 10-02 a/c 3604170591196 403-7480-535.42-10 37.93
10-02 a/c 3604170190080 403-7460-535.42-10 47.86
10-08 aJc 3605650365696 403-7480-535.42-10 37.93
10-14 a/c 3604570411199 403-7480-535.42-10 46.59
R & D SUPPLY INC CHEM RAW MATERIALS MFG 403-7480-535.31-20 2,366.40
S & B )NC Field svce 403-7480-535.48-10 195.84
SUNSET DO-IT BEST HARDWARE Hex cap,flat washer 403-7480-535.31-20 17.05
Rolled hose 403-7480-535.31-20 681.66
Spray nozzle 403-7480-535.31-20 368.11
Socket set 403-7480-535.31-20 2.46
Elbows,insulator pipe 403-7480-535.31-20 7.41
Clamp,plug,labor 403-7480-535.31-20 23.26
SWAIN'S GENERAL STORE INC Squeegee,scrubber 403-7480-535.31-20 16.38
64
Page 20
City of Port Angeles Date: 10/27/03
City Council Expenditure Report
From: 10/1~/03 To: ~0/~7/03
Vendor Description Account Number Invoice Amount
SWAIN'S GENERAL STORE INC... Refrigerator tube,nut 403-7480-535.31-20 11.37
Bird wires 403-7480-535.31-20 32.04
Sprayer kit 403-7480-535.31-20 7.54
Bird wire 403-7480-535.31-20 21.36
Rule tape,izorline 403-7480-535.31-20 15,08
TELECOM LABS INC Maintenance agreement 403-7480-535.42-10 15.56
UNITED PARCEL SERVICE Shipping chgs-Sept 403-7480-535.42-10 10.56
Shipping chgs-Sept 403-7480-535.42-10 26.53
UTILITIES UNDERGROUND LOC CTR September locates 403-7480-535.41-50 18.15
WASHINGTON (DIS), STATE OF COMPUTERS,DP & WORD PROC. 403-7480-535.31-60 326.69
Scan chgs-September 403-7480-535.42-10 37,99
Public Works-Wastewater Wastewater Division Total: $14,291.49
Public Works-Wastewater Department Total: $14,291.46
Wastewater Fund Fund Total: $13,866.0~
CAROLINA SOFTWARE WasteWORKS-4th Qtr 404-0000-237.00-00 -16.40
Division Total: -$16.40
Department Total: -$16.40
ANGELES MILLWORK & LUMBER CO Spray enamel,wash lath 404-7580-537.31-20 7.99
Casings 404-7580-537.31-20 18.86
CAPACITY PROVISIONING INC INET Oct-Solid Waste 404-7580-537.42-12 374.00
CAROLINA SOFTWARE WasteWORKS-4th Qtr 404-7580-537.48-10 216.40
DATABAR INCORPORATED Yard Waste Schedule 404-7580-537.44-10 319.87
DIGITAL COPY SERVICES INC Copies overage 404-7580-537.31-20 12.66
Svc Agreement pe 10-01-04 404-7580-537.31-20 101.44
NORTHWEST BUSINESS FINANCE LLC Racycle tires 404-7580-537.48-10 850.00
OLYMPIC PAPER & SUPPLY CO Quick sorb absorbent 404-7580-537.31-20 183.04
Paper towels 404-7580-537.31-20 81.15
Pick up tool 404-7580-537.31-20 32.37
PACIFIC OFFICE EQUIPMENT INC Purple ribbons 404-7580-537.31-20 45.44
PENINSULA DAILY NEWS Back to School 404-7580-537.44-10 285.00
QWEST 10-05 a/c 3604522245145 404-7580-537,42-10 40.81
10-05 a/c 3604528100532 404-7580-537.42-10 41.05
10-14 a/c 3604570411199 404-7580-537,42-10 116.48
RADIO PACIFIC INC 2 main floor booth rental 404-7580-537.49-01 900.00
RICHMOND 2-WAY RADIO Replace power cable,labor 404-7580-537.48-10 129.84
SANDERSON SAFETY SUPPLY CO Earplugs,boots,gloves 404-7580-537,31-20 252.67
SWAIN'S GENERAL STORE INC Cleaner, air filter, soap 404-7580-537.31-20 27.94
Brake cleaner,tarp 404-7580-537.31-20 23.38
Broom 404-7580-537.31-20 11.87
PVC pipe,cement,cap 404-7580-537,31-20 29.21
TAYLOR-SPARKSREFRIGERATION INC Remove compressors 404-7580-537.48-10 1,882.68
TELECOM LABS INC Maintenance agreeme~5 404-7580-537.42-10 38.89
Page 21
Date: 10/27/03
City of Port Angeles
City Council Expenditure Report
From: ~0/1~/03 To: ~0/27/03
Vendor Description Account Number Invoice Amount
WA DEPT OF NATURAL RESOURCES AQUATIC LAND USE PERMIT 404-7580-537.49-90 25.00
AQUATIC LAND USE PERMIT 404-7580-537.49-90 -25.00
WASHINGTON (DIS), STATE OF Scan chgs-September 404-7580-537.42-10 10.66
WASHINGTON (DOL), STATE OF Landfill scale license 404-7580-537.49-90 15.00
WAVE BROADBAND Sept advert/sing 404-7580-537.31-20 250.00
WORC-WA ORGANIC RECYCLING CNCL Food Waste Composting 404-7580-537.43-10 200.00
ZEP MANUFACTURING COMPANY Cleaner 404-7580-537.31-20 174.53
Public Works-Solid Waste Solid Waste Division Total: $6,673.23
Public Works-Solid Waste Department Total: $6,673.23
Solid Waste Fund Fund Total: $6,656.83
c & F INSULATION City rebate-Manners 421-7121-533.49-86 300.25
DAVE'S HEATING & COOLING SVC City rebate-Jamison 421-7121-533.49-86 1,030.00
EVERWARM HEARTH & HOME INC City rebate-Tschimpede 421-7121-533.49-86 364.40
City rebate-Houser 421-7121-533.49-86 1,211.84
City rebate-Alba Assoc 421-7121-533.49-86 1,262.25
City rebate-Alba Assoc 421-7121-533.49-86 1,245.52
GLASS SERVICES CO INC City rebate-Fox 421-7121-533.49-86 480.00
City rebate-McCabe 421-7121-533.49-86 846.00
City rebate-Miller 421-7121-533.49-86 587.00
City rebate-Allison 421-7121-533.49-86 432.00
City rebate-Currie 421-7121-533.49-86 224.00
MATHEWS GLASS CO INC City rebate-Troedsson 421-7121-533.49-86 1,016.00
BRIAN K HICKMAN City rebate 421-7121-533.49-86 50.00
COLE3TE CAVALERI City rebate 421-7121-533.49-86 50m~
GREGG SMITH City rebate 421-7121-533.49-86 55.00
JANET MORGAN City rebate 421-7121-533.49-86 100.00
JOHN F BEHRENS City rebate 421-7121-533.49-86 100.00
KAREN LONG City rebate 421-7121-533.49-86 50m 0O
LARRY BREITBACH City rebate 421-7121-533.49-86 55.00
LYNN R HILKEN City rebate 421-7121-533.49-86 30.00
Q F THANG City rebate 421-7121-533.49-86 50.00
SUZY ADKINS City rebate 421-7121-533.49-86 100.00
VIOLET U JOHNSON City rebate 421-7121-533.49-86 100.00
WAYNE DILLINGHAM City rebate 421-7121-533.49-86 738.40
Public Woes-Electric Conservation Loans Division Total; $t0,477.66
Public Works-Electric Department Total: $10,477.66
Conservation Loans/Grants Fund Total: $10,477.66
PILCHUCK DIVERSIFIED SERVICES Release 5% Retainage 452-7388-594.65-10 12,487.17
PORT ANGELES CITY'TREASURER Meeting refreshments 452-7388-594.31-01 45.39
R & R MARINE SUPPLY Line,life rings 452-7388-594.35-01 276.72
SWAIN'S GENERAL STORE INC Utility knife,flashlight 452-7388-594.35-01 120.29
Public Works-Watar Water Pr~ts Division Total: $12,929.57
Page 22
Date: 10/27/03
City of Port Angeles
City Council Expenditure Report
From: 10/11/03 To: 10/27/03
Vendor Description Account Number Invoice Amount
Public Works-Water Department Total: $12,929.57
Water Utility CIP Fund Total: $12,929.57
BROWN AND CALDWELL Roof Drain pe 08-22 453-7488-594.41-50 1,614.38
CSO Reduction pe 08-22 453-7488-594.41-50 1,292.89
BUILDERS EXCHANGE OF WA INC Sewer Repair 453-7488-594.44-10 15.20
DAILY JOURNAL OF COMMERCE 2003 SEWER REPAIRS 453-7488-594.44-10 260.85
PARAMETRIX INC LF Eng pmt 4 pe 09-26 453-7488-594.41-50 8,523.46
PENINSULA DALLY NEWS 2003 SEWER REPAIRS 453-7488-594.44-10 140.40
SKILLINGS-CONNOLLY INC Sewer pmt #16 453-7488-594.41-50 1,346.66
Public Works-Wastewater Wastewater Projects Division Total'. $13,193.84
Public Works-Wastewatsr Department Total: $13,193.84
WasteWater Utility CIP Fund Total: $13,193.84
PARAMETRIX INC LF Eng pmt 4 pe 09-26 454-7588-594.41-50 19,818.67
LF Eng pmt 4 pe 09-26 454-7588-594.41-50 5,001.85
LF Eng pmt 4 pe 09-26 454-7588-594.41-50 7,314.18
Public Works-Solid Waste Solid Waste Projects Division Total'. $32,134.70
Public Works-Solid Waste Department Total: $32,134.70
Solid Waste Utility CIP Fund Total: $32,134.7{]
MCMASTER-CARR SUPPLY CO EQUIP MAINT & REPAIR SERV 501-0000-237.00-00 -12.89
PARTS INCORPORATED EQUIP MAINT & REPAIR SERV 501-0000-237.00-00 -54.72
ROAD/HGWY HEAVY EQUIPMENT 501-0000-237.00-00 -12.38
Division Total: -$79.99
Department Total: -$79.99
BREITBACH'S SHARPENING SERVICE Chipper knives 501-7630-548.48-10 103.87
CAPACITY PROVISIONING INC INET Oct-Equipment Svcs 501-7630-548.42-12 41.00
CORNELL AUTO PARTS Transmission fluid 501-7630-548.32-20 19,35
Rad box 501-7630-548,34-02 38.03
Steering stabilizers 501-7630-548,34-02 35.18
Steering stabilizem 501-7630-548.34-02 35.17
Hand cleaner 501-7630-548.49-90 22.03
DENVER'S TIRE CO INC Tires 501-7630-548.31-10 272.66
Tires 501-7630-548.31-10 155.81
Tires 501-7630-548.31-10 432.80
Tires 501-7630-548.31-10 376.54
Tires 501-7630-548.31-10 346.24
Tires 501-7630-548.31-10 138.50
Wiper refills 501-7630-548.34-02 14.82
Safety check,lubra kleen 501-7630-548.34-02 13.25
Automotive labor 501-7630-548.34~02 93.05
Cable,oil additive 501-7630-548.34-02 11.09
Air filter, lubra kleen 501-7630-548.34-02 28.14
67
Page 23
Date: 10'27/03
City of Port Angeles
City Council Expenditure Report
From: 10/11/0,3 To: 10/27/03
Vendor Description Account Number invoice Amount
DENVER'S TIRE CO INC... Metal valve 501-7630-548.34-02 19.48
Idler arm,wheel alignment 501-7630-548.34-02 196.92
Battery,alternator 501-7630-548.34-02 248.86
Fuel fiiter 501-7630-548.34-02 25.43
Radiator,antifreeze 501-7630-548.34-02 307.29
Wheel balance 501-7630-548.48-10 21.64
Wheel balance,mount 501-7630-548.48-10 41.12
Autom~)tive labor 501-7630-548.48-10 82.83
Automotive labor 501-7630-548.48-10 60.59
Flat repair 501-7630-548.48-10 10.82
Mount,wheel balance 501-7630-548.48-10 104.95
Automotive labor 501-7630-548.48-10 104.95
Automotive labor 501-7630-548.48-10 56.21
Automotive labor 501-7630-548.48-10 32.46
Wheel balance,mount 501-7630-548.48-10 57.61
Automotive labor 501-7630-548.48-10 32,46
Flat repair 501-7630-548.48-10 7.57
Flat repair 501-7630-548,48-10 7,57
Service call,flat repair 501-7630-548.48-10 29.21
Automotive labor 501-7630-548.48-10 30.57
Repair seat belt 501-7630-548.48-10 32.46
Automotive labor 501-7630-548.48-10 46.80
Automotive labor 501-7630-548.48-10 32.46
Flat repair, wheel change 501-7630-548.48-10 22.18
Automotive labor 501-7630-548.48-10 18.66
DIGITAL COPY SERVICES INC Copies overage 501-7630-548,31-01 12.65
Svc Agreement pe 10-01-04 501-7630-548.31-01 101.43
H & R PARTS & EQUIPMENT INC Landing gear set 501-7630-548.34-02 483.78
Low pressure switch 501-7630-548.34-02 28.29
Hub cap 501-7630-548.34-02 33,61
Valve 501-7630-548.34-02 46.72
Core 501-7630-548.34-02 36.03
HEARTLINE Battery 501-7630-548.34-02 57.29
Battery 501-7630-548.34-02 55.13
KAMAN INDUSTRL~L TECHNOLOGIES EQUIP MAINT & REPAIR SERV 501-7630-548.34-02 55.28
EQUIP MAINT & REPAIR SERV 501-7630-548.34-02 55.28
LES SCHWAB TIRE CENTER (CI'Pf) Tires 501-7630-548.31-10 83.31
Mount,wheel balance 501-7630-548.48-10 48.69
Flat repair 501-7630-548.48-10 75.74
LES SCHWAB TIRECTR-SOLID WASTE Tire,tube 501-7630-548.31-10 200.79
Tire 501-7630-548.31-10 126.57
Tires,repair, wheel switch 501-7630-548.34-02 114.35
68
Page 24
City of Port Angeles oas: to/27J03
City Council Expenditure Report
From: 10/11/03 To: 10/27/03
Vendor Description Account Number Invoice Amount
LES SCHWAB TIRECTR-SOLID WASTE.. Flat repair 501-7630-548.34.02 36.19
Flat repair,wheel switch 501-7630-548.48-10 52.37
Mount tire,wheel switch 501-7630-548.48-10 77.85
Mount tim,wheel switch 501-7630-548.48-10 33.54
LINCOLN INDUSTRIAL CORP Sheet metal 501-7630-548.34-02 6.59
MCMASTER-CARR SUPPLY CO EQUIP MAINT & REPAIR SERV 501-7630-548.34-02 170.02
MIDDLETON AUTO AND TRUCK INC Exhaust pipe 501-7630-548.34-02 10.80
Air suspense 501-7630-548.34-02 102.78
Speedometer 501-7630-548.34-02 28.45
Hose clamps 501-7630-548.34.02 31.26
Radiator cap 501-7630-548.34-02 5.28
Cable tie 501-7630-548.34-02 12.72
V-belt 501-7630-548.34-02 12.45
Water pump,TC set 501-7630-548.34-02 28.92
Core deposit 501-7630-548,34-02 18.97
Lightbulbs 501-7630-548.34.02 9.44
Chemical,conditioner 501-7630-548.34.02 5.60
Oil filter,air filter 501-7630-548.34-02 43.99
Air filter 501-7630-548.34-02 14.35
Cio Roll 501-7630-548.34-02 71.41
Door knob 501-7630-548.34.02 3,00
Cap,rotor,spark plug 501-7630-548.34-02 37.17
Duct tape 501-7630-548.34-02 6,05
Hose clamp 501-7630-546.34-02 4,74
Antenna 501-7630-548.34.02 29.63
Antenna 501-7630-548.34.02 29.63
Bushing 501-7630-548.34.02 15.96
Disc pad 501-7630-548.34-02 43.68
Brake pads,disc pads 501-7630-548.34-02 3.08
Splash guard 501-7630-548.34-02 54.79
Hydraulic fluid 501-7630-548.34-02 6.68
Switch 501-7630-548.34-02 5.50
Air filter 501-7630-548.34-02 38.36
Oil filter 501-7630-548.34-02 12.40
Gasket,thermostat,pump 501-7630-548.34-02 69.95
Core,tape 501-7630-548.34.02 12.78
Air freshener, flag 501-7630-548.34-02 19.98
Filters,hose,clamp 501-7630-548.34.02 254.32
Fuel filter,air filter 501-7630-548.34-02 36.64
Gear lube 501-7630-548.34-02 4.64
Grease 501-7630-548.34-02 26.55
Gear lube 501-7630-548.34.02 9,28
69
Page 25
Date: 10/27103
City of Port Angeles
City Council Expenditure Report
From: 10/11/03 To: 10/27/03
Vendor Description Account Number Invoice Amount
MIDDLETON AUTO AND TRUCK INC... Fuel filter 501-7630-548.34-02 11.29
Socket,plug,circuit B 501-7630-548.34-02 51.45
Switch 501-7630-548.34-02 24.85
Cable,solenoid,connector 501-7630-548.34-02 129.53
Cables 501-7830-548.34-02 -25.50
Lube 501-7630-548.34-02 10.45
Grease 501-7630-548.34-02 88.51
Fuel filter 501-7630-548.34-02 5.54
Trailer connector 501-7630-548.34-02 15.86
Grease 501-7630-548.34-02 44.25
Buzzer 501-7630-548.34-02 6.97
Wiper refill 501-7630-548.34-02 34.52
Cap,connectors 501-7630-548.34-02 9.34
Brake,fitting 501-7630-548.34-02 59.33
Bracket 501-7630-548.34-02 7.03
Fuel filter 501-7630-548.34-02 2.15
Air filter 501-7630-548.34-02 33.24
Air filter 501-7630-548.34-02 25.64
Shocks 501-7630-548.34-02 34.62
Filter, core deposit,brake 501-7630-548.34-02 331.47
Credit wiper refills 501-7630-548.34-02 -20.71
Credit tran seal 501-7630-548.34-02 -14.14
Grease 501-7630-548.34-02 17.70
Credit V-belt 501-7630-548.34-02 -8.23
Alluma 501-7630-548.34-02 6.46
Grease gun 501-7630-548.34-02 61.00
Cable tie 501-7630-548.34-02 4.69
Adapter, brush 501-7630-548.34-02 11.97
M ale 501-7630-548.34-02 8.67
Flasher light 501-7630-548.34-02 34.58
Trailer connector 501-7630-548.34-02 7.93
Alarm 501-7630-548.34-02 11.30
Lamp 501-7630-548.34-02 42.28
Air filter 501-7630-548.34-02 14.53
Credit Link height sensor 501-7630-548.34-02 -14.46
Credit filter 501-7630-548.34-02 -5.23
Credit parts 501-7630-548.34-02 -39.97
Credit shocks 501-7630-548.34-02 -34.62
MURRAY MOTORS INC Link height sensor 501-7630-548.34-02 14.46
Trailor tow wiring 501-7630-548.34-02 16.40
OLYMPIC PAPER & SUPPLY CO Quick sorb absorbent 501-7630-548.34-02 183.04
PAPE' MACHINERY EQUIP MAINT & REPAIR SERV 501-7630-548.34-02 89.27
70
Page 26
Date: 10/27/03
City of Port Angeles
City Council Expenditure Report
From: I0/1f/03 To: 10/27/03
Vendor Description Account Number Invoice Amount
PARTS INCORPORATED EQUIP MAINT & REPAIR 8ERV 501-7630-548.34-02 722.03
ROAD/HGWY HEAVY EQUIPMENT 501-7630-548.34-02 163.28
QWEST 10-14 a/c 3604570411199 501-7630-548,42-10 23.30
RUDDELL AUTO MALL Pump 501-7630-548,34-02 220.92
Bracket 501-7630-548.34-02 12.09
SANDY'S RACE STREET AUTO PARTS Tire chains 501-7630-548.34-02 63.62
Tire chains 501-7630-548,34-02 63.62
Tire chains 501-7630-548,34-02 63.62
SCHUCK'S AUTO PARTS CD Player 501-7630-548.34-02 54.09
CD Player,speaker system 501-7630-548,34-02 95.19
CD Player, speaker system 501-7630-548.34-02 95.19
Wan'anty repair 10-21-02 501-7630-548,34-02 -91.96
SME CORPORATION Service call 501-7630-548.48-10 335.06
SUNSET DO-IT BEST HARDWARE Hydrautic tabor,fittings 501-7630-548,31-01 14.20
Hex cap 501-7630-548.34-02 2.10
Hose adapter, PVC tube 501-7630-548,34-02 6.94
Key blanks 501-7630-548.34-02 3.77
Duplex sleeve,import wire 501-7630-548.34-02 14.95
Nipples,union 501-7630-548,34-02 9.90
Pump,hydra shop labor 501-7630-548.34-02 954.94
Washers,hex caps,nuts 501-7630-548.34-02 40.55
Washers,hex caps,nuts 501-7630-548.34-02 39.61
Cuffing tip,wire wheel 501-7630-548.35-01 41.07
TELECOM LABS INC Maintenance agreement 501-7630-548.42-10 7.78
WASHINGTON (DIS), STATE OF Scan chgs-September 501-7630-548.42-10 6.49
ZEP MANUFACTURING COMPANY AUTO SHOP EQUIPMENT & SUP 501-7630-548,34-02 138.53
Public Works-Equip Svcs Equipment Services Division Total: $11,309.70
Public Works-Equip Svcs Department Total: $1'1,309.70
Equipment Services Fund Total: $t 1,229.71
JPMORGANCHASE Computer software 502-0000-237,00-00 -5.33
Division Total: -$5.33
Department Total: -$5.33
AVNET/NSD INSTALLATION CHG 502-2081-518.41-50 1,837.50
COSTCO CREDIT CARD PMTS Office supplies 502-2081-518.31-01 80,41
JPMORGANCHASE Computer software 502-2081-518,31-60 70.33
Lodging expense 502-2081-518.43-10 387.80
Lodging expense 502-2081-518,43-10 126.73
QWEST 10-14 a/c 3604570411199 502-2081-518.42-10 69.89
TELECOM LABS INC Maintenance agreement 502-2081-518,42-10 23.34
WASHINGTON (DIS), STATE OF COMPUTERS,DP & WORD PROC. 502-2081-518.31-60 326.69
Scan chgs-September 502-2081-518.42-10 127.55
Finance Department Information Techno~ies Division Total: $3,050.24
Page 27
Date: 10/27/03
City of Port Angeles
City Council Expenditure Report
From: 10/11/03 To: 10/27/03
Vendor Description Account Number Invoice Amount
Finance Department Department Total: $3,050.24
Information Technology Fund Total: $3,044.91
CLALLAM CNTY YMCA Member Schmidt 38965-01 503-1631-517.41-51 470.00
CURVES FOR WOMEN Member McFal1467373 503-1631-517.41-51 419.49
Member-Simmons 503-1631-517.41-51 338.88
Member Collins spouse 503-1631-517.41-51 338.88
GARY RICHMOND Reimb medical expense 503-1631-517.46-30 166.68
LARRY MESSINGER Reimb Medical expenses 503-1631-517.46-30 375.00
NW ADMIN TRANSFER ACCT Premium adjustment-August 503-1631-517.46-33 1,155.65
Self Insurance Other Insurance Programs Division Total: $3,264.58
HEALTHCARE MGMT ADMNSTRS INC 10-07 Dental claims EFT 503-1637-517.46-01 4,535.30
Dental claims 10-14 EFT 503-1637-517.46-01 124.71
Dental claims 10-21 EFT 503-1637-517.46-01 3,203.76
Self Insurance Medical Benefits Division Total: $7,863.77
GORDY'S PIZZA & PASTA Safety Luncheon 503-1661-517.49-09 78.24
Self Insurance Worker's Compensation Division Total: $78.24
CLALLAM CNTY COURT REGISTRY Claim settlement 503-1671-517.49-98 2,500.00
JAMIE MASON Claim settlement 503-1671-517.49-98 941.34
Self Insurance Comp Liability Division Total: $3,441.34
Self Insurance Department Total: $14,647.93
Serf-Insurance Fund Fund Total: $14,647.93
PORT ANGELES DOWNTOWN ASSN PBIA Receipts 650-0000-231.92-00 15,000.00
Division Total: $15,000.00
Department Total: $15,000.00
Off Street Parking Fund Fund Total: $15,000.00
ARTNEVVS 11 Issues-subscription 652-8630-575.49-01 43.23
CAPACITY PROVISIONING INC INET Oct-Fine Arts Center 652-8630-575.42-12 172.00
OLYMPIC PAPER & SUPPLY CO Clear liner roll 652-8630-575.31-01 21.59
OLYMPIC STATIONERS INC Artist tape 652-8630-575.31-01 4.51
QWEST 10-14 a/c 3604570411199 652-8630-575.42-10 23.30
SWAIN'S GENERAL STORE INC Gloves 652-8630-575.31-20 8.52
Stapler, bulbs,cleaner 652-8630-575.31-20 41.06
TELECOM LABS INC Maintenance agreement 652-8630-575.42-10 7.78
WASHINGTON (DIS), STATE OF Scan chgs-September 652-8630-575.42-10 23.67
Ester Webster/Fine Arts Ester Webster/Fine Arts Division Total: $346.66
Ester Webster/Fine Arts Department Total: $345.66
Esther Webster Fund Fund Total: $345.6~
ASSOCIATION OF WASHINGTON CITIES Suppl Life Ins-November 920-0000-231,53-30 541.70
FLEX-PLAN SERVICES (PAYROLL) P/R Deductions pe 10-12 920-0000-231.53-10 1,052.92
LEOFF September Contributiuon 920-0000-231.51-20 20,359.71
MISDU P/R Deductions pe 10-12 920-0000-231.56-20 108.42
OFFICE OF SUPPORT ENFORCEMENT P/R Deductions pe10- 2 920-0000-231.56-20 1,545.09
Page 28
{~ Date: 10/27/03
City of Port Angeles
City Council Expenditure Report
From: 10/11/03 To: 10/27/03
Vendor Description Account Number Invoice Amount
OFFICE OF SUPPORT ENFORCEMENT... P/R Deductions pe 10-12 920-0000-231.56-20 169.85
PERS September Contributiuon 920-0000-231.51-10 23,392.55
PLOVIE LAW FIRM PS P/R Deductions pe 10-12 920-0000-231.56-30 326.07
UNITED WAY (PAYROLL) P/R Deductions pe 10-12 920-0000-231.56-10 272.00
WSCFF/EMPLOYEE BENEFIT TRUST P/R Deductions pe 10-12 920-0000-231.53-20 1,350.00
Division Total: $49,118.3t
Department Total: $49,118,31
Payroll Clearing Fund Total: $49,118.31
Totals for check period From: 10/11/03 To: 10/27/03 $456,423.57
73
Page 29
Finance Department
Electronic Payments October 11, 2003 - October 27, 2003
Fund
401 10-20-03 Avista - September 151,272.00
Total 151,272.00
WASHINGTON, U.S.A.
CITY COUNCIL MEMO
CITY COUNCIL CALENDAR
November 4, 2003
I
I
CITY COUNCIL MEMBER MEETING SCHEDULE I DATE ] TIME
City Council Meeting Tuesday, November 4 6:00 p.m.
Real Estate Committee Meeting (tentative) Monday, November 10 4:00 p.m.
Veteran's Day Holiday Tuesday, November 11 Closed
North Olympic Peninsula Mayor's Association Meeting (3 Mayor's) Wednesday, November 13 6:00 pm.) Tentative
Gateway Review Team Committee Meeting Thursday, November 13 8:30 a.m.
Multi-Cultural Task Force Meeting Thursday, November 13 4:00 p.m.
City Council Meeting Tuesday, November 18 6:00 p.m.
Thanksgiving Day Holiday Thurs./FrL, Nov 27 & 28 Closed
PROJECTED CITY MEETINGS SCHEDULE I DATE I TIME
Board of Adjustment Committee Meeting Monday, November 3 7:00 p.m.
Westport Shipyards Ribbon Cutting Ceremony Monday, November 10 10:00 a.m.
Airport Access Road Ribbon Cutting Ceremony Monday, November 10 1:30 p.m.
Special Utility Advisory Committee Meeting Wednesday, November 12 3:00 p.m.
Hurricane Ridge PDA Meeting Wednesday, November 12 6:30 p.m.
Planning Commission Meeting Wednesday, November 12 7:00 p.m.
Parks, Recreation & Beautification Commission Meeting Thursday, November 20 7:00 p.m.
pORTANGELE$
W A S H N G T O N, U.S.A.
I
CITY COUNCIL MEMO I
DATE: NOVEMBER 4, 2003
To: CITY COUNCIL
FROM: BOB COONS, HUMAN RESOURCES MANAGER ~~
SUBJECT: AMENDMENT TO CITY ORDINANCE ESTABLISHING EMPLOYEE BENEFITS FOR
MANAGEMENT, ADMINISTRATIVE~ AND NON-REPRESENTED PERSONNEL
Summary: The has determined that will of medical
City
employees
begin
paying
a
portion
insurance premiums. The amount of cost sharing for employees will be 3% of the total medical
premiums effective November/December 2003. This will increase to 7% January 2004 and to
12% effective January 2005. In order to implement this cost sharing of med cal premiums, the
City needs to amend City Ordinance # 3048, Schedule C, the Fringe Benefit Program for'the
Management and Administrative Personnel. An additional change to the fringe benefits is
adding Martin Luther King's birthday to the paid holidays.
Recommendation: Staff recommends that the City Council adopt the attached Ordinance,
amending Ordinance 3048, Schedule C, Fringe Benefits for Management and Administrative
employees, thereby establishing cost sharing for employees medical insurance premiums and
adding MLK Day as a recognized holiday.
Background/Analysis: The City has been in negotiation for over a year with the labor
unions. The primary issue has been attempting to reach agreement for employees to start paying
a portion of their medical insurance premiums. The City has paid the total medical premium for
many years but with 20 plus percent increases for the past few years, the City can no longer
afford to continue this practice. The City recently reached agreement with one of the Unions on
a cost sharing process, with the understanding that the management and non-represented
employees would receive the same cost sharing formula. Therefore, the need to make the
appropriate change to the fringe benefit ordinance for the management, administrative, and non-
represented personnel.
79
G 5MASTFORM\COUNCIL.WPT
Last Revised: 6/29/99
The cost sharing procedure will be for employees to begin paying 3% of the total medical
insurance premium for the AWC Medical Plan B coverage. This amount will be for November
and December 2003. The cost sharing will increase to 7% effective January 2004 and to 12%
effective January 2005.
Attached is a spreadsheet indicating the amount of monthly insurance premiums employees will
pay for 2004 and 2005. The insurance premium rates are based on whether the employee is
single, employee plus spouse, and employee/spouse and one or two or more dependents. By
2005, employees with family coverage will be paying approximately $131 per month.
One additional change to the fringe benefits in this ordinance is to add Martin Luther King's
birthday as an official paid holiday for the City. While City facilities closed on MLK Day, the
holiday was not one of the recognized holidays in the labor contracts or fringe benefits for the
non-union employees. This brings the number of paid holidays to 12, including two floating
holidays that are taken like vacation.
Staff recommends the City Council adopt the attached ordinance to make the change for
employees to contribute toward cost sharing of medical premiums and add Martin Luther King
birthday as an additional City holiday.
Cc: City Manager
Attachments:
Amended Ordinance and Schedule C for Fringe Benefits
Spreadsheet of insurance premium rates
8O
G:kM ASTFORM\COUNCIL WPT
Last Rcvised: 6/29/99
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, revising the
fringe benefits plan for the City's Management, Administrative, and
Non-Represented Personnel and amending Ordinance 3048.
WHEREAS, it is necessary that the City establish a uniform benefit package for its
Management, Administrative, and Non-Represented employees; and
WHEREAS, the fringe benefits for this group of employees need to be amended from
time to time to maintain a benefit package that is consistent with the represented employee groups;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES
DOES HEREBY ORDAIN as follows:
Section 1. Section 5 of Ordinance 3048 is hereby amended to read as follows:
As of Jaiiua<y I, 2000November 1, 2003 the fringe benefits for Management,
Administrative, T=,.Imi,~,d, aiid C,,J,fi&n~i,~l CMicaland Non-Represented personnel shall be as set
forth in Schedule C attached hereto and made a part of hereof by this reference.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 4th day of November, 2003.
MAYOR
ATTEST:
Becky J. Upton, City Clerk
APPROVED AS TO FORM:
Craig D. Knutson, City Attorney
PUBLISHED: November 9. 2003 By Summary
CITY OF PORT ANGELES
MANAGEMENT, ADMINISTRATIVE, AND NON-REPRESENTED PERSONNEL
SCHEDULE C - 2003 BENEFIT PROGRAM
Section I - Retirement and Social Security Coverage
^. Social security - in accordance with laws established by U.S. Government.
B. State retirement program - in accordance with provisions of Public Employees
Retirement System and Law Enforcement Officers and Firefighters Retirement
System, as established by the Washington State Legislature.
Section II - Holidays
In accordance with the statutes established by the Washington State Legislature, holidays shall
be as listed below:
New Years Day January 1st
Martin Luther King's Birthday Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day First Monday in September
Veteran's Day November 11th
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Fourth Friday in November
Christmas Day December 25th
2 Floating Holidays As scheduled
Employees hired between January - June shall receive two floating holidays; employees hired
July- December receive one floating holiday.
Section Ill - Leave Policies
A. Leave policies for City Manager and Department Heads:
1.Positions entitled to leave privileges set forth in this subsection:
City Manager
Public Works/Utilities Director
Finance Director
Parks and Recreation Director
Planning Director
Fire Chief
Police Chief
City Attoruey
2. Each Department Head and City Manager shall receive general leave for each month of
service in each 12-month per/od, to be used accrued and used within the guidelines
below:
Years of service Days/gear
0-10 30
11-15 33
16-20 38
21+ 43
A. It is to be used for vacation, sick leave or other personal leave requirements;
B. Accumulation shall be unlimited, but payoff is limited to 100% for the first 960 hours
and 25% for hours accrued beyond this amount;
C. Department Heads are not required to take leave; however the City Manager may
exercise his authority to direct a Department Head to take vacation when he feels that
such time off is necessary for the benefit of the City or the employee;
D. All time off shall be scheduled by the employee with the advanced approval of the
City Manager, except when it may interfere with operational functions of the City
demanding the employee's service or knowledge;
E. It is the responsibility of the Department Head to use accumulated general leave in a
prudent and careful manner;
F. Upon termination in good standing, death or retirement of the employee, a
Department Head shall receive pay for accumulated leave in accordance with the
following schedule at his rate of pay upon separation of City service.
Years of service Cash-out rate
0-5 years 50%
6+ years 100%
B. Leave policies for other than City Manager and Department Head employees in the
Management, Administrative, Technical and Confidential Clerical Group:
1. Vacation leave shall be accrued at the following rates:
Less than 2 years service 11 days
2-5 years service 14 days
6-10 years service 17 days
11-15 years service 21 days
16-20 years service 26 days
21 years+ 31 days
2. Leave accredited for any month of service may be taken in any subsequent month,
providing such leave is approved by the Department Head.
83
3, Annual leave may be accumulated, provided the total does not exceed 120 days.
4. Accrued vacation leave will be paid offin cash at the time of separation of City
service.
5. Sick leave shall be accrued and used in accordance with the guidelines set forth in the
City's Personnel Policy and Procedures Manual, Section 7.01, with the following
exceptions:
a. Twenty-five percent (25%) of accumulated sick leave will be paid the
employee upon termination in good standing, retirement or death;
b. When an employee is injured on the job and there is time lost, he/she shall go
on industrial insurance as provided by the City. He/she may use sick leave
credits for pay equal to the difference between his/her regular pay, less the
amount of Workers Compensation pay. The portion of sick leave paid will be
deducted from accumulated sick leave.
Section IV - Other benefits
These benefits apply to the City Manager, Department Heads and other employees in the
Management, Administrative, Technical and Confidential Clerical Group:
1. Deferred compensation - The City shall make deferred compensation programs
available to employees and the City shall contribute 50% of the employee's
contribution on a monthly basis, not to exceed $50 per month contribution by the
City.
2. Medical insurance program - The City will provide medical, dental and vision
coverage for regular full-time and regular part-time employees (50% or greater) and
their eligible dependents. Employees are required to pa,/3% of the medical premium
effective 11/1/03, 7% of the medical premium effective 1/1/04, and 12% of the
.medical premium effective 1/1/05.
3. Long-term disability - The City will provide long-term disability insurance for
regular full-time employees with a 90-day waiting period and income protection
equal to approximately 60% of monthly salary. The specific terms, conditions and
eligibility shall be governed by the insurance policy document.
4. Tuition reimbursement - Employees are eligible for full reimbursement of costs for
tuition and books for courses directly related to his/her job, provided that the
employee has gained advanced approval from his/her Department Head and the City
Manager on the appropriate request form prior to registration for the class. All
employees requesting reimbursement for tuition will be expected to meet the
84
minimum standards for taking the course and must complete the course with a
passing grade of "C" or better.
5. Employee assistance program - The City will provide this program for employees
and their eligible dependents.
6. Term life insurance - The City will provide this for regular employees in the amount
of one times the employee's annual salary up to $50,000 maximum (rounded to
nearest thousand). Employees may purchase additional term life insurance by payroll
deduction.
2003-14.SchedC.ord.doc
EMPLOYEE COST-SHARE MEDICAL PREMIUMS
2003 - 2005 MONTHLY PREMIUMS
10/7/2003
Medical Plan B rates 2003 2004 2005
Employee only $249.50 $319.40 $383.28
Employee + spouse $499.00 $638.80 $766.56
Employee + 1 child $365.30 $467.65 $561.18
Employee + 2 children $465.30 $595.65 $714.78
Employee + spouse + 1 child $614.80 $779.05 $934.86
Full family $714.80 $907.05 $1,088.46
Possible employee contributions per month
30/0 7% 12%
Employee only $7.49 $22.36 $45.99
Employee + spouse $14.97 $44.72 $91.99
Employee + 1 child $10.96 $32.74 $67.34
Employee + 2 children $13.96 $41.70 $85.77
Employee + spouse + 1 child $18.44 $54.53 $112.18
Full family $21.44 $63.49 $130.62
FLEX-PLAN INFORMATION 7% employee approximate net savings
2004 rates with copay premium annual pre-tax to employee
Examples: per yea_~r savinqs 20% per month
Employee + spouse $536.59 $107.32 $8.94
Full family $761.92 $152.38 $12.70
NOTE: Rates reflect AWC increase of 28% for 2004 and estimated 20% for 2005
86
pORTANGELES
was x N G'r o N, U.
C T¥ COUNCIL I l£ nO
Date: November 4, 2003 ~
To: CITY COUNCIL ,, ~'
FROM: YVONNE ZIOMKOWSKI~ FINANCE DIRECTOR ~[
SUBJECT: PURCHASE OFFER OF $4,295,000 WATER AND WASTEWATER UTILITY
REVENUE BONDS
Summarv: On October 7, 2003, Seattle Northwest Securities Corp was selected as the
underwriter for the City's $4,295,000 Water and Wastewater Utility Revenue Bonds. Seattle
Northwest is presenting an offer for the purchase of the Bonds to the City Council for approval.
Recommendation: Staffrecommends the Council adopt the Ordinance accepting the offer
of Seattle Northwest Securities.
Background / Analysis: The City has several water and sewer utility projects which will be
financed through the sale of the Bonds. After selecting Seattle Northwest Securities as an
underwriter of the bonds, it was anticipated that the sale of the bonds would be approved at the
November 4, 2003, Council meeting. During this time, to prepare for the sa]e, the City selected
insurance, sought bond rating, and prepared the official statement.
The insurance was approved for the debt service of the bonds and a surety policy was also
obtained for the reserve requirement. Due to the insurance, the Bonds will receive a "Aaa"
rating, which will produce a net benefit to the City of approximately $58,000 verses selling the
Bonds without insurance. Moody's Investors Service also confirmed the City's general rating for
the utility of"A3".
An official stalement was prepared for the sale of the Bonds and was distributed to prospective
investors by Seattle Northwest Securities.
The process of selling bonds includes the following steps:
First, on November 4, 2004, Seattle Northwest will present the Bonds to the market for sale after
a conference call with City staff and the financial advisor during which agreement will be
reached regarding the interest rates and structure of the Bonds.
An order period of three horn's will be set, during which institutions are provided the opportunity
to place firm orders for the Bonds. The City staff and the financial advisor will monitor the order
progress continually during the order period.
At the end of the order period, the orders for e~c~ maturity of Bonds will be tallied. A
determination will be made to ascertain if the interest rates should be raised for those maturities
with few or no orders, or if interest rates should be reduced for maturities with orders for
significantly more bonds than are available. Also, the use of term bonds will be determined if an
order for such bonds exists that will benefit the City.
After this process is completed, Seattle Northwest will commit to purchasing the Bonds and will
draw up a purchase offer to present to the Council based on the agreed upon results.
By approving the Bond Ordinance, Council accepts the offer by reference. The following are
estimated statistics on the issue. These figures are subject to change and will depend on
November 4, 2003, market conditions. Final numbers, including page 16 of the Bond Ordinance
will be available on November 4, 2003, and will be presented to Council along with a
recommendation.
Par amount of the issue $4,295,000
Project funds 4,191,000
Issuance costs:
Underwriter 22,608
Insurance~) 33,969
Other(2) 42,423
Annual Debt Payment $289,500
True Interest Cost (TIC) **%
(1) Includes debt service insurance and surety insurance for the debt service reserve. The
reserve surety allows the City to avoid funding the approximately $300,000 reserve
requirement from bond proceeds. This also avoids the necessity of tracking the
arbitrage earnings in the debt service reserve account.
(2) Includes bond counsel, financial advisor, official statement preparation, accrued imerest
and a rounding amount.
** This information will be available at the time of the Council meeting.
CITY OF PORT ANGELES, WASHINGTON
WATER AND WASTEWATER UTILITY REVENUE BONDS, 2003
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington,
authorizing the issuance and sale of water and wastewater utility
revenue bonds of the city in the principal amount of $4,295,000 to
finance the cost of improvements to the City's water and
wastewater utility; fixing the date, form, terms, maturities and
covenants of such bonds; and authorizing the sale of such bonds.
PASSED ON November 4, 2003
Prepared By:
PRESTON GATES & ELLIS LLP
925 Fourth Avenue
Suite 2900
Seattle, Washington 98104-1158
89
Table of Contents
Page
Section 1. Definitions ................................................................................................................ 2
Section 2. Compliance with Parity Conditions ....................................................................... 13
Section 3. Plan of Improvements ............................................................................................ 15
Section 4. Authorization and Description of Bonds ............................................................... 15
Section 5. Registration, Exchange and Payments ................................................................... 17
Section 6. Redemption; Purchase of Bonds ............................................................................ 21
Section 7. Form of Bonds ....................................................................................................... 23
Section 8. Execution of Bonds ................................................................................................ 28
Section 9. Construction Fund; Application of Bond Proceeds ............................................... 28
Section 10. Revenue Fund ........................................................................................................ 29
Section 11. Rate Stabilization Fund .......................................................................................... 30
Section 12. Bond Fund .............................................................................................................. 31
Section 13. Adequacy of Revenues ........................................................................................... 34
Section 14. Covenants and Agreements .................................................................................... 34
Section 15. Tax Covenants; Special Designation ..................................................................... 38
Section 16. Defeasance ............................................................................................................. 38
Section 17. Issuance of Future Parity Bonds ............................................................................. 39
Section 18. Sale of Bonds ......................................................................................................... 42
Section 19. Official Statement .................................................................................................. 42
Section 20. Undertaking to Provide Ongoing Disclosure ......................................................... 43
Section 21. Bond Insurance and Surety Bond ........................................................................... 47
Section 22. Supplements and Amendments .............................................................................. 52
Section 23. Lost or Destroyed Bonds ........................................................................................ 54
Section 24. Severability ............................................................................................................ 54
Section 25. Effective Date ........................................................................................................ 55
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington,
authorizing the issuance and sale of water and wastewater utility
revenue bonds of the city in the principal amount of $4,295,000 to
finance the cost of improvements to the City's water and
wastewater utility; fixing the date, form, terms, maturities and
covenants of such bonds; and authorizing the sale of such bonds.
WHEREAS, the City of Port Angeles, Washington (the "City") owns, operates and
maintains a combined water and wastewater utility (the "System"); and
WHEREAS, the City Council of the City (the "Council") deems it in the best interest of
the City and customers of the System to make certain improvements to water and wastewater
facilities of the System; and
WHEREAS, to pay the costs of such improvements, the Council deems it in the best
interest of the City to authorize the issuance of its water and wastewater utility revenue bonds in
the principal amount of $4,295,000 (the "Bonds"); and
WHEREAS, the City has outstanding a loan to the City administered by the State of
Washington Department of Ecology ("DOE"), loan number SRF 91001 the "Revolving Fund
Loan"), authorized by Resolution No. 7-90 of the Council adopted on May 1, 1990, with a
current balance of $1,059.524; and
WHEREAS, pursuant to Ordinance No. 2843 of the City, passed on October 18, 1994,
and Resolution No. 20-94 adopted by the Council on November 1, 1994, the City issued its
Water and Wastewater Utility Revenue and Refunding Bonds, 1994, under date of November 1,
1994 (the "1994 Bonds"), currently outstanding in the principal amount of $210,000; and
91
WHEREAS, pursuant to Ordinance No. 3000 of the City, passed on September 15, 1998,
and Resolution No. 23-98, adopted by the Council on November 3, 1998, the City issued its
Water and Wastewater Utility Revenue Refunding Bonds, 1998, under date of November 1, 1998
(the "1998 Bonds"), currently outstanding in the principal amount of $9,110,000; and
WHEREAS, the DOE Loan Agreement and Ordinance Nos. 2843 and 3000 provide that
the City may issue additional water and wastewater utility revenue bonds on a parity with the
Revolving Fund Loan, the 1994 Bonds and the 1998 Bonds to finance improvements to the
System if certain conditions are met; and
WHEREAS, after due consideration it appears to the Council that such parity conditions
can be met and that the Bonds may be issued on a parity with the Revolving Fund Loan, the 1994
Bonds and the 1998 Bonds; and
WHEREAS, the City has received the offer of Seattle-Northwest Securities Corporation,
Seattle, Washington (the "Underwriter") to purchase the Bonds and it appears to the Council that
it is in the best interests of the City and ratepayers of the System that the City accept such offer
and sell the Bonds to the Underwriter on the terms set forth therein and herein;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES,
WASHINGTON, DO ORDAIN, as follows:
Section 1. Definitions. As used in this ordinance the following words shall have the
following meanings:
"Annual Debt Service" for any fiscal year or calendar year means the sum of:
(a) the interest due in such year on all outstanding Parity Bonds excluding,
however, interest to be paid from the proceeds of Parity Bonds,
(b) the principal of all outstanding Serial Bonds due in such year, and
(c) the Sinking Fund Requirement, if any, for such year, calculated as of the
Sinking Fund Requirement Date for such year.
If the interest rate on any such bonds is other than a fixed rate, the rate applicable at the
time of the computation shall be used.
"Arbitrage and Tax Certification" means the certificate executed by the Finance Director
of the City pertaining to the calculation and payment of any Rebate Amount with respect to the
Bonds.
"Assessments" means assessments (including interest and penalties) levied in any utility
local improvement district of the City for the acquisition or construction of additions and
improvements to and extension of the System, if such assessments are pledged to be paid into the
Bond Fund.
"Average Annual Debt Service" means the amount determined by dividing (a) the sum of
all interest and principal to be paid on all Parity Bonds from the date of determination to the last
maturity date of such Parity Bonds, by (b) the number of fiscal years or calendar years from and
including the fiscal year or calendar year in which the determination is made to the last fiscal
year or calendar year in which any of such Parity Bonds will be outstanding.
"Bond Fund" means the 1994 Water and Wastewater Utility Revenue Bond Fund created
by Section 15 of Ordinance No. 2843 and re/erred to in Section 12 of this ordinance.
"Bond Register" means the books or records maintained by the Bond Registrar for the
purpose of registration 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 Bonds as provided therein.
"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
Bonds, maintaining the Bond Register, effecting transfer of ownership of the Bonds, and paying
the principal of, premium, if any, and interest on the Bonds.
"Bonds" mean the City's Water and Wastewater Utility Revenue Bonds, 2003, issued in
the aggregate principal amount of $4,295,000 pursuant to this ordinance.
"City" means the City of Port Angeles, a municipal corporation duly organized and
existing under the laws of the State of Washington.
"Code" means the federal Internal Revenue Code of 1986, as amended, and applicable
regulations thereunder.
"Commission" means the United States Securities and Exchange Commission.
"Construction Fund" means the City's Water and Wastewater Utility Capital Projects
Fund.
"Costs of Maintenance and Operation" means all necessary operating expenses, current
maintenance expenses, expenses of reasonable upkeep and repairs, and insurance and
administrative expenses, but excludes depreciation, payments for debt service or into reserve
accounts and costs of capital additions to or replacements of the System, taxation by the City or
payments in lieu of taxes.
"Council" means the general legislative authority of the City as the same shall be duly
and regularly constituted from time to time.
"Debt Service Account" means the account of that name created in the Bond Fund by
Section 15 of Ordinance No. 2843 and referred to in Section 12 of this ordinance.
"DOE" means the State of Washington Department of Ecology, administrator of the
Revolving Fund Loan.
"DOE Loan Agreement" means the agreement between the City and DOE with respect to
the Revolving Fund Loan.
"DTC" means The Depository Trust Company, New York, New York, a limited purpose
trust company organized under the laws of the State of New York, as initial depository for the
Bonds or any successor substitute depository for the Bonds.
"Finance Director" means the duly appointed and acting Finance Director of the City or
the successor to the duties of such office.
"Financial Guaranty Agreement" means the Financial Guaranty Agreement with respect
to the Surety Bond dated as of the date of delivery of the Bonds, by and between the City and the
Insurer.
"Fiscal Year" means the fiscal year used by the City at any time. At the time of the
adoption of this ordinance, the Fiscal Year is the twelve-month period beginning January 1 of
each year and ending December 31 of each year.
"Future Parity Bonds" mean any revenue bonds, revenue warrants or other revenue
obligations that may be issued in the future as Parity Bonds.
"Gross Revenue" means all earnings, revenue and money, except Assessments, received
by the City from or on account of the operation of the System, including proceeds from the sale,
lease or other disposition of any of the properties or facilities of the System, and the income from
investments of money in the Revenue Fund and any bond fund or from any other investment
thereof except the income from investments irrevocably pledged to the payment of revenue bonds
pursuant to a plan of retirement or refunding. The words "Gross Revenue" shall not include
grants or bond proceeds, but shall include federal or state reimbursements of operating expenses
to the extent such expenses are included as "Costs of Maintenance and Operation."
"Insurer" means MB1A Insurance Corporation, a stock insurance company incorporated
under the Iaws of the State of New York.
"Letter of Representations" means the Blanket Issuer Letter of Representations from the
City to DTC.
"MSRB" means the Municipal Securities Rulemaking Board or any successor to its
functions.
"1994 Bonds" means the City's Water and Wastewater Utility Revenue Bonds, 1994,
issued under date of November 1, 1994, pursuant to Ordinance No. 2843 of the City and
Resolution No. 20-94 of the Council, and currently outstanding in the principal amount of
$210,000.
"1998 Bonds" means the City's Water and Wastewater Utility Revenue Refunding
Bonds, 1998, issued under date of November 1, 1998, pursuant to Ordinance No. 3000 of the
City and Resolution No. 23-98 of the Council, and currently outstanding in the principal amount
of$9,110,000.
"Net Revenue" means the Gross Revenue less the Costs of Maintenance and Operation.
"NRMSIR" means a nationally recognized municipal securities information repository.
"Parity Bonds" means the Revolving Fund Loan, the 1994 Bonds, the 1998 Bonds, the
Bonds and any revenue bonds, revenue warrants or other revenue obligations of the City that
have a lien on money in the Revenue Fund to pay and secure the payment of the principal thereof
and interest thereon equal to the lien created on the money in such Fund to pay and secure the
payment of the principal of and interest on the Revolving Fund Loan, the 1994 Bonds, the 1998
Bonds, and the Bonds.
"Permitted Investments" means (i) so long as any of the 1994 Bonds or the Bonds remain
outstanding, any of the following investments, if permitted under the laws of the State of
Washington as amended from time to time:
A. Direct obligations of the United States of America (including obligations issued or
held in book-entry form on the books of the Department of the Treasury, and CATS and TGRS)
or obligations the principal of and interest on which are unconditionally guaranteed by the United
States of America.
B. Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed
by any of the following federal agencies and provided such obligations are backed by the full
faith and credit of the United States of America (stripped securities are only permitted if they
have been stripped by the agency itself):
1. U.S. Export-Import Bank: direct obligations or fully guaranteed
certificates of beneficial ownership;
2. Farmers Home Administration: certificates of beneficial ownership;
3. Federal Financing Bank;
4. Federal Housing Administration Debentures;
5. General Services Administration: participation certificates;
6. Government National Mortgage Association (GNMA):
GNMA-guaranteed mortgage-backed bonds and GNMA-guaranteed pass-through obligations;
7. U.S. Maritime Administration: guaranteed Title XI financing; and
8. U.S. Department of Housing and Urban Development: project notes; local
authority bonds; U.S. government-guaranteed new communities debentures; U.S.
government-guaranteed public housing notes and bonds.
C. Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed
by any of the following non-full faith and credit U.S. government agencies (stripped securities
are only permitted if they have been stripped by the agency itself):
1. Federal Home Loan Bank System: senior debt obligations;
2. Federal Home Loan Mortgage Corporation: participation certificates and
senior debt obligations;
3. Federal National Mortgage Association: mortgage-backed securities and
senior debt obligations;
4. Student Loan Marketing Association: senior debt obligations;
5. Resolution Funding Corp. (REFCORP) obligations; and
6. Farm Credit Systems: consolidated systemwide bonds and notes.
D. Money market funds registered under the Federal Investment Company Act of
1940, whose shares are registered under the Federal Securities Act of 1933, and having a rating
by S&P of AAAm-G, AAAm or AAm.
E. Certificates of deposit secured at all times by collateral described in (A) and/or
(B) above. Such certificates must be issued by commercial banks, savings and loan associations
or mutual savings banks. The collateral must be held by a third party and the bondholders must
have a perfected first security interest in the collateral.
F. Certificates of deposit, savings accounts, deposit accounts or money market
deposits that are fully insured by FDIC, including BIF and SAW.
G. Investment Agreements, including GIC's, acceptable to the Insurer.
H. Commercial paper rated, at the time of purchaser, "Prime-l" by Moody's and
"A-I" or better by S&P.
I. Bonds or notes issued by any state or municipality rated by Moody's and S&P in
one of the two highest rating categories assigned by such agencies.
J. Federal funds or bankers acceptances with a maximum term of one year of any
bank that has an unsecured, uninsured and unguaranteed obligation rating of "Prime-l" or "A3"
or better by Moody's and "A" or better by S&P.
K. Repurchase agreements providing for the transfer of securities from a dealer bank
or securities firm (seller/borrower) to a municipal entity (buyer/lender), and the transfer of cash
from a municipal entity to the dealer bank or securities firm with an agreement that the dealer
bank or securities finn will repay the cash plus a yield to the municipal entity in exchange for the
securities at a specified date. Repurchase Agreements must satisfy the following criteria or be
approved by the Insurer:
1. Repos must be between the municipal entity and a dealer bank or
securities firm.
a. Primary dealers on the Federal Reserve reporting dealer list that are
rated A or better by S&P and Moody's, or
b. Banks rated "A" or above by S&P and Moody's.
2. The written repo contract must include the following:
a. Securities that are acceptable for transfer are:
(1) Direct U.S. governments, or
(2) Federal agencies backed by the full faith and credit of the
U.S. government (and FNMA & FHLMC).
b. The term of the repo may be up to 30 days.
c. The collateral must be delivered to the municipal entity, trustee (if
trustee is not supplying the collateral) or third party acting as agent for the trustee (if the trustee is
supplying the collateral) before or simultaneously with payment (perfeytion by possession of
certificated securities).
d. The securities must be valued weekly, marked-to-market at current
market price plus accrued interest. The value of collateral must be equal to 104% of the amount
of cash transferred by the municipal entity to the dealer bank or securities firm under the repo
plus accrued interest. If the value of securities held as collateral slips be]ow 104% of the value of
the cash transferred by municipality, then additional cash and/or acceptable securities must be
transferred. If, however, the securities used as collateral are FNMA or FHLMC, then the value
of collateral must equal 105%.
3. A legal opinion must be delivered to the municipal entity to the effect that
the repo meets guidelines under state law for legal investment of public funds.
L. Any Washington State-administered investment pool in which the City is
statutorily permitted or required to invest City funds;
and (ii) from and after such time as no 1994 Bonds or Bonds remain outstanding, any
investments of City funds permitted under the laws of the State of Washington as amended from
time to time.
"Professional Utility Consultant" means the independent person(s) or firm(s) selected by
the City having a favorable reputation for skill and experience with water and wastewater
systems of comparable size character to the System in such areas as are relevant to the purposes
for which they are retained.
"Qualified Insurance" means any unconditional municipal bond insurance policy or surety
bond issued by any insurance company licensed to conduct an insurance business in any state of
the United States or by a service corporation acting on behalf of one or more such insurance
companies, which insurance company or service corporation is rated in one of the two highest
rating categories by Moody's Investors Service, Inc. or any other rating agency then maintaining
a rating on the Bonds, provided, that, as of the time of issuance of such policy or surety bond,
such insurance company or companies maintain a policy owner's surplus in excess of
$500,000,000.
"Qualified Letter of Credit" means any irrevocable letter of credit issued by a bank for the
account of the City and for the benefit of the owners of Parity Bonds, provided that such bank
maintains an office, agency or branch in the United States, and provided further, that, as of the
time of issuance of such letter of credit, such bank is currently rated in one of the two highest
rating categories by either Moody's Investors Service, Inc. or any other rating agency then
maintaining a rating on the Bonds.
"Rate Stabilization Fund" means the fund of that name created pursuant to Section 13 of
Ordinance No. 2843 and referred to in Section 11 of this ordinance.
"Rebate Amount" means the amount, if any, determined to be payable with respect to the
Bonds by the City to the United States of America in accordance with Section 148(0 of the Code.
"Registered Owner" means the person in whose name a Bond is registered on the Bond
Register. For so long as the City utilizes the book-entry system for the bonds, DTC shall be
deemed to be the sole Registered Owner.
"Reserve Account" means the account of that name in the Bond Fund created pursuant to
Ordinance No. 2843 and referred to in Section 12 of this ordinance.
"Reserve Account Requirement" means, with respect to the Bonds or Future Parity
Bonds, an amount equal to the least of(a) 125% of Average Annual Debt Service on such bonds,
(b) 10% of the stated principal amount of such bonds, or (c) maximum Annual Debt Service on
such bonds.
"Revenue Fund" means the special fund of the City known as the "City of Port Angeles
Water and Wastewater Utility Revenue Fund" created in the office of the City Treasurer pursuant
to Section 2 of Ordinance No. 2843 and referred to in Section 10 of this ordinance.
"Revolving Fund Loan" means the loan to the City in the original principal amount of
$2,549,264 administered by DOE (loan number SRF91001), as authorized by Resolution
No. 7-90 of the City Council adopted on May 1, 1990, currently outstanding in the principal
amount of $1,166,012.
"Rule" means the Commission's Rule 15c2-12 under the Securities Exchange Act of
1934, as the same may be amended from time to time.
"Serial Bonds" means Bonds or Future Parity Bonds other than Term Bonds.
"S1D" means a state information depository for the State of Washington (if one is
created).
"Sinking Fund Requirement" means,' for any fiscal year or calendar year, the principal
amount of Term Bonds required to be purchased, redeemed or paid at maturity in such year as
established by the ordinance of the City authorizing the issuance of such Term Bonds.
"Surety Bond" means the surety bond issued by the Insurer guaranteeing certain payments
into the Reserve Account for the Bonds as provided therein and subject to the limitations therein.
"System" means the combined water supply and distribution and sanitary sewage
collection and wastewater treatment system of the City as the same now exists and as it may
hereafter be added to, improved and extended for as long as any of the Bonds are outstanding.
The "System" shall also include any surface or storm water drainage utility of the City if the
Council shall determine by ordinance to create such a utility and combine it with the System.
"Term Bonds" means [the Bonds identified as such in Section 6 of this ordinance and]
any Future Parity Bonds identified as Term Bonds in the ordinance authorizing the issuance
thereof, the payment of the principal of which is provided for by a mandatory schedule of
deposits of money equal (in the aggregate) to the full principal amount of such Term Bonds, into
the Bond Fund, and by a mandatory redemption schedule corresponding (as to time and amounts)
to such mandatory schedule of deposits.
Section 2. Compliance with Parity Conditions. The Council hereby finds and
determines, as required by Ordinance Nos. 2843 and 3000, as follows:
First, that the Bonds are being issued for the purpose of acquiring, constructing and
installing additions and improvements to and extensions of, acquiring necessary equipment for,
and making necessary replacements, repairs and capital improvements to the System, as
described in Section 2 of this ordinance;
Second, that at the time of the adoption of this ordinance and at the time of the issuance
of the Bonds there is not nor will there be any deficiency in the Bond Fund or the Reserve
Account;
Third, this ordinance provides that the principal of and interest on the Bonds are payable
out of the Bond Fund and provides further that [payments will be made into the Bond Fund to
satisfy the Sinking Fund Requirements on the Term Bonds,] and the Surety Bond, which satisfies
the definition of "Qualified Insurance," will be obtained to satisfy the Reserve Account
Requirement, all as required by Section 13 of Ordinance No. 2843 and Section 11 of Ordinance
No. 3000; and
Fourth, prior to delivery of the Bonds, the City will have on file in the office of the City
Clerk a certificate of a Professional Utility Consultant showing that "Adjusted Net Revenue" (as
such term is defined in Ordinance Nos. 2843 and 3000) will equal at least 1.25 times the Annual
Debt Service for all Parity Bonds including the Bonds.
The parity conditions contained in Ordinance Nos. 2843 and 3000 having been complied
with or assured, the payments required in this ordinance to be made out of the Revenue Fund into
the Bond Fund and Reserve Account to pay and secure the payment of the principal of and
interest on the Bonds shall constitute a lien and charge upon the money in such Revenue Fund
equal in rank with the lien and charge thereon for the payments required to be made into the
Bond Fund to pay and secure the payment of the principal of and interest on the Revolving Fund
Loan, the 1994 Bonds and the 1998 Bonds.
Section 3. Plan of Improvements. The Council hereby finds and determines that the
public interest requires that the City construct the following additions to and betterments to the
System (i)water division improvements, including replacement of water mains in downtown
Port Angeles, installation of additional concrete cylinder piping, installation of a new pump at the
Spruce Street station, and installation of a cover for the Peabody Heights Reservoir, and
(ii)wastewater division improvements, including improvements to two pump stations,
installation of a storm drain in Lincoln Street, installation of a catch basin and piping in the
Crown Park area, composting facility upgrades and sewer line replacements, expected to be paid
as follows: approximately $2,000,000 from a Washington State Public Works Trust Fund loan
and approximately $4,191,000 from proceeds of the Bonds) (collectively, the "Projects"). The
Council hereby adopts the Projects as a plan and system for additions and betterments to the
System.
In undertaking the Projects, the City shall acquire and install all equipment and
appurtenances necessary for its proper operation, and shall acquire by purchase, lease or
condemnation all property, both real and personal, or any interest therein, and all rights-of-way,
franchises, and easements necessary to carry out said plan. The Projects shall be subject to such
changes as to details of size or location or any other details of said Projects as may be authorized
by the City either prior to or during the course of construction.
Section 4. Authorization and Description of Bonds. For the purpose of paying
costs of the Projects and costs of issuing the Bonds, the City shall issue its water and wastewater
utility revenue bonds in the aggregate principal amount of $4,295,000 (the "Bonds"). The Bonds
shall be designated as the "City of Port Angeles, Washington, Water and Wastewater Utility
Revenue Bonds, 2003," shall be dated as of the date of delivery of the Bonds to the Underwriter,
1-9~- P:\DOT~DOT, G2 10/29/03
denomination of $5,000 each, or integral multiples thereof, provided that no Bond
one maturity, shall be fully registered as to principal and interest, shall
in such manner and with any additional identification as the Bond
for identification, and shall bear interest from their date (calculated on
360 days and twelve 30-day months) payable on May 1, 2004, and
the first days of November and May of each year at the following per
shall mature on November 1 of the following years in the following
Maturity Year Principal Interest
(November 1) Amount Rate
20O4 $ %
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
Principal of and interest on the Bonds shall be payable solely from the Bond Fund. The
Bonds are not general obligations of the City or of the State of Washington or any political
subdivision thereof.
Section 5. Registration~ Exchange and Payments.
(a) Bond Registrar/Bond Register. The City hereby adopts the system of
registration approved by the Washington State Finance Committee, which utilizes the fiscal
agencies of the State of Washington in Seattle, Washington, and New York, New York, as
registrar, authenticating agent, paying agent and transfer agent (collectively, the "Bond
Registrar"). The Bond Registrar shall keep, or cause to be kept, at its principal corporate trust
office, sufficient records for the registration and transfer of the Bonds, which shall be open to
inspection by the City. The Bond Registrar is authorized, on behalf of the City, to authenticate
and deliver the Bonds transferred or exchanged in accordance with the provisions of such Bonds
and this ordinance and to carry out all of the Bond Registrar's powers and duties under this
ordinance. The Bond Registrar shall be responsible for its representations contained in the
Certificate of Authentication on the Bonds.
(b) Registered Ownership. The City and the Bond Registrar may deem and
treat the Registered Owner of each Bond as the absolute owner for all purposes, and neither the
City nor the Bond Registrar shall be affected by any notice to the contrary. Payment of any such
Bond shall be made only as described in Section 5(g) hereof, but such registration may be
transferred as herein provided. All such payments made as described in Section 5(g) shall be
valid and shall satisfy the liability of the City upon such Bond to the extent of the amount or
amounts so paid.
(c) DTC Accej~tance/Letter of Representations. The Bonds shall be held
initially in fully immobilized form by DTC acting as depository. To induce DTC to accept the
Bonds as eligible for deposit at DTC, the City has heretofore executed and delivered to DTC a
Blanket Issuer 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 with respect to the Bonds in respect of
the accuracy of any records maintained by DTC or any DTC participant, the payment by DTC or
any DTC participant of any amount in respect of the pr/nc/pal of or interest on the Bonds, any
notice which 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 consent given or other action taken by DTC 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 its nominee and shall not mean the owners of any
beneficial interest in the 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 it is paid.
(d) Use of DeIgository.
(1) The Bonds shall be registered inilially in the name of "Cede &
Co.," as nominee of DTC, with a single Bond for each maturity in a denomination equal to the
total principal amount of that matur/ty. Registered ownership of such immobilized Bonds, or any
portions thereof, may not thereafter be transferred except (i) 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; (ii) to any substitute depository appointed by
the City pursuant to subsection (2) below or such substitute depository's successor; or (iii) to any
person as provided in subsection (4) below.
(2) 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 City 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 provided the services
proposed to be provided by it.
(3) In the case of any transfer pursuant to clause (i)or (ii)of
subsection (1) above, the Bond Registrar shall, upon receipt of all outstanding Bonds, together
with a written request on behalf of the City, issue a single new Bond for each maturity of such
Bonds 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 City.
(4) In the event that (i) DTC or its successor (or substitute depository
or its successor) resigns from its functions as depository, and no substitute depository can be
obtained, or (ii) the Council determines that it is in the best interest of the beneficial owners of
any of the Bonds that they be able to obtain such Bonds in the form of bond certificates, the
ownership of Bonds may then be transferred to any person or entity as herein provided, and the
Bonds shall no longer be held in fully immobilized form. The City shall deliver a written request
to the Bond Registrar, together with a supply of definitive Bonds, to issue Bonds as herein
provided in any authorized denomination. Upon receipt of all then outstanding Bonds by the
P:/DOT~DOT1 G2 10/29/03
Bond Registrar together with a written request on behalf of the City to the Bond Registrar, new
Bonds shall be issued in such denominations and registered in the names of such persons as are
requested in such written request.
(e) Transfer or Exchange of Registered Ownershit~; Change in
Denominations. The registered ownership of any Bond may be transferred or exchanged, but no
transfer of any Bond shall be valid unless it 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 transfer or exchange any Bond during a period beginning at the
opening of business on the 15th day of the month next preceding any interest payment date and
ending at the close of business on such interest payment date, or, in the case of any proposed
redemption of the bonds, after the mailing of notice of the call of such bonds for redemption.
(f) Registration Covenant. The City covenants that, until all Bonds have been '
surrendered and canceled, it will maintain a system for recording the ownership of each Bond
that complies with the provisions of Section 149 of the Code.
P:\DOT~DOT1 G2 10/29/03
(g) Place and Medium of Payment. Both principal of and interest on the
Bonds shall be payable in lawful money of the United States of America, For so long as all
Bonds are in fully immobilized form, payments of principal and interest thereon shall be made as
provided in the operational arrangements of DTC referred to in the Letter of Representations. In
the event that the Bonds are no longer in fully immobilized form, interest on the Bonds shall be
paid by check or draft mailed to the Registered Owners at the addresses for such Registered
Owners appearing on the Bond Register on the 15th day of the month preceding the interest
payment date, and principal of the Bonds shall be payable upon presentation and surrender of
such Bonds by the Registered Owners at the principal office of the Bond Registrar.
(h) 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
officers or directors to act as member of, or in any other capacity with respect to, any committee
formed to protect the right of the Registered Owners of Bonds.
Section 6. Redemption; Purchase of Bonds.
(a) Optional Redemption. The Bonds maturing on or after November 1, 2014
are subject to redemption prior to maturity, at the option of the City, on or after November 1,
2013, in whole or in part on any date (and if in part with maturities to be selected by the City), at
a price of par, plus interest accrued thereon to the date fixed for redemption.
(b) Mandatory Redemption. [to come]
(c) PartialRedemption. 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, for the then unredeemed balance of the
principal amount, a new Bond or Bonds, at the option of the registered owner, of like maturity
and interest rate in any authorized denomination.
(d) Notice of Redemption. Written notice of any redemption of Bonds shall be
given by the Bond Registrar on behalf of the City by first class mail, postage prepaid, not less
than 30 days nor more than 60 days before the redemption date to the registered owners of Bonds
that are to be redeemed at their last addresses shown on the Bond Register. So long as the Bonds
are in book-entry form, notice of redemption shall be given as provided in the Letter of
Representations. The Bond Registrar shall provide additional notice of redemption (at least
30 days) to each NRMS1R and S1D, if any, in accordance with Section 20.
The requirements of this section shall be deemed complied with when notice is mailed,
whether or not it is actually received by the owner.
Each notice of redemption shall contain the following information: (1) the redemption
date, (2) the redemption price, (3) if less than all outstanding Bonds are to be redeemed, the
identification (and, in the case of partial redemption, the principal amounts) of the Bonds to be
redeemed, (4)that on the redemption date the redemption price will become due and payable
upon each Bond or portion called for redemption, and that interest shall cease to accrue from the
redemption date, (5) that the Bonds are to be surrendered for payment at the principal office of
the Bond Registrar, (6) the CUSIP numbers of all Bonds being redeemed, (7) the dated date of
the Bonds, (8) the rate of interest for each Bond being redeemed, (9) the date of the notice, and
(10) any other information needed to identify the Bonds being redeemed.
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.
'1_~_ P:/DOT~DOT 1G2 10129/03
(e) Effect of Redemption. Unless the City has revoked a notice of redemption,
the City shall transfer to the Bond Registrar amounts that, in addition to other money, if any, held
by the Bond Registrar, will be sufficient to redeem, on the redemption date, all the Bonds to be
redeemed. From the redemption date interest on each Bond to be redeemed shah cease to accrue.
(f) Amendment of Notice Provisions. The foregoing notice provisions of this
section, 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.
(g) Purchase of Bonds in Open Market. The City also reserves the right to
purchase any of the Bonds in the open market at any time at prices deemed reasonable by the
City.
Section 7. Form of Bonds.. The Bonds shall be in substantially the following form:
'] -~2~- P:/DOT~DOTIG2 10/29/03
UNITED STATES OF AMERICA
NO. $
STATE OF WASHINGTON
CITY OF PORT ANGELES
WATER AND WASTEWATER UTILITY REVENUE BOND, 2003
INTEREST RATE: CUSIP NO:
MATURITY DATE:
REGISTERED OWNER:
PRINCIPAL AMOUNT: Dollars
The City of Port Angeles, Washington (the "City"), a municipal corporation of the State
of Washington, for value received hereby promises to pay to the Registered Owner identified
above on the Maturity Date identified above the Principal Amount identified above and to pay
interest thereon from the date hereof, or the most recent date to which interest has been paid or
duly provided for at the Interest Rate set forth above, such interest to be payable semiannually on
the first days of May and November of each year (commencing May 1, 2004) until the maturity
of this bond (or if default should be made in the payment of the principal hereof when the same
shall become due and payable, at the same rate of interest until the payment in full of such
principal sum).
The principal of and interest on this bond are payable solely out of the special fund of the
City known as the "1994 Water and Wastewater Utility Revenue Bond Fund" ("Bond Fund").
Both principal of and interest on this bond are payable in lawful money of the United States of
America. For so long as the bonds of this issue are in fully immobilized form, payments of
principal and interest thereon shall be made as provided in accordance with the operational
arrangements of DTC referred to in the Blanket Issuer Letter of Representations from the City to
The Depository Trust Company. In the event that the bonds of this issue are no longer in fully
immobilized form, interest on this bond shall be paid by check or draft mailed to the Registered
Owner at the address appearing on the Bond Register on the fifteenth day of the month preceding
the interesl payment date, and principal of this bond shall be payable upon presentation and
surrender of this bond by the Registered Owner at the principal office at the principal office of
the fiscal agency of the State of Washington in either Seattle, Washington, or New York, New
York (collectively the "Bond Registrar").
This bond is one of a series of bonds in the aggregate principal amount of $4,295,000,
issued under authority of Ordinance No. passed by the City Council on November 4, 2003
'J-~ P:\DO%DOT a G2 ~0t29/03
(the "Bond Ordinance"), to finance the cost of improvements to the water and wastewater utility
of the City.
The City hereby covenants and agrees with the owner of this bond that it will keep and
perform all the covenants of this bond and of the Bond Ordinance. Reference is hereby made to
the Bond Ordinance for the definitions of capitalized terms used herein.
The City does hereby pledge and bind itself to set aside from Gross Revenue and to pay
into the Bond Fund and the accounts created therein the various amounts required by the Bond
Ordinance to be paid into and maintained in such fund and accounts, all within the times
provided by the Bond Ordinance.
To the extent more particularly provided by the Bond Ordinance, the amounts so pledged
to be paid from Gross Revenue into the Bond Fund and accounts therein shall be a lien and
charge thereon equal in rank to the lien and charge upon said Revenue of the amounts required to
pay and secure the payment of the Revolving Fund Loan, the 1994 Bonds, the 1998 Bonds, and
any revenue bonds of the City hereafter issued on a parity with such loan, such bonds and the
bonds of this issue, and superior to all other liens and charges of any kind or nature, except the
Costs of Maintenance and Operation of the System.
The City has further bound itself to maintain the System in good repair, working order
and condition, to operate the same in an efficient manner and at a reasonable cost, and to
establish, maintain and collect rates and charges in each calendar year that will make available,
for the payment of the principal of and interest on Parity Bonds outstanding as the same shall
become due, Net Revenue in an amount that will be equal to at ]east 1.25 times Annual Debt
Service for such year (after deducting Assessments actually collected for such year).
The pledge of Gross Revenue and other obligations of the City under the Bond Ordinance
may be discharged at or prior to the maturity or redemption of the bonds of this issue upon the
making of provision for the payment thereof on the terms and conditions set forth in the Bond
Ordinance.
Reference is made to the Bond Ordinance for a description of the Bond Fund and the
covenants and declarations of the City and other terms and conditions upon which the bonds
authorized thereby have been issued and other bonds ranking on a parity therewith may hereafter
be issued and outstanding.
This bond is a special limited obligation of the City and is not an obligation of the State
of Washington or any political subdivision thereof other than the City, and neither the full faith
and credit nor the taxing power of the City or the State of Washington is pledged to the payment
of this bond.
The Bonds are subject to approval [and mandatory] redemption as provided in the Bond
Ordinance.
"l _,~ ,~5. P:/DO%DO~r 1G2 10/29~03
Bonds are interchangeable for bonds of any authorized denomination of equal aggregate
principal amount and of the same interest rate and maturity upon presentation and surrender to
the Bond Registrar.
The Bond Registrar shall not be required to issue, register, transfer or exchange any of the
bonds during a period beginning at the opening of business on the 15th day of the month next
preceding any interest payment date and ending at the close of business on such interest payment
date.
This bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Bond Ordinance (as hereinafter defined) 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.
IN WITNESS WHEREOF, the City of Port Angeles, Washington, has caused this bond to
be signed by the manual or facsimile signature of its Mayor, and attested by the manual or
facsimile signature of its City Clerk, and the manual or facsimile seal of the City to be impressed
or imprinted hereon, all as of the ___ day of November, 2003.
CITY OF PORT ANGELES, WASHINGTON
By [Manual or Facsimile Signature]
Mayor
Attest:
[Manual or Facsimile Signature]
City Clerk
(SEAL)
CERT~ICATE OF AUTHENTICATION
Date of Authentication:
P:\DO~DOT1G2 10/29/03
This bond is one of the bonds described in the within mentioned Bond Ordinance and is
one of the Water and Wastewater Utility Revenue Refunding Bonds, 1998 of the City of Port
Angeles, Washington, dated November __, 1998.
WASHiNGTON STATE FISCAL AGENCY,
Bond Registrar
By
Authorized Officer
ASSIGNIVlENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto __
PLEASE INSERT SOCIAL SECURITY OR TAXPAYER IDENTIFICATION NUMBER OF TRANSFEREE
I
(Please print or typewrite name and address, including zip code, of Transferee)
the within bond and does hereby irrevocably constitute and appoint
as attorney-in-fact to transfer
said bond on the books kept for registration thereof with full power of substitution in the
premises.
DATED: ., __
SIGNATURE GUARANTEED:
NOTICE: Signature(s) must be
guaranteed pursuant to law.
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.
]-~-- P:\DOT~DOT 1G2 10/29A33
Section 8. Execution of Bonds. The Bonds shall be executed on behalf of the City
with the manual or facsimile signature of the Mayor of the City and attested with the manual or
facsimile signature of the Clerk thereof, and the seal of the City shall be impressed or imprinted
on each of the Bonds. In case any of the officers who shall have signed or attested any of the
Bonds shall cease to be such officer before such Bonds have been actually issued and delivered,
such 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 Bonds had not ceased to be such officers.
Only such Bonds as shall bear thereon a Certificate of Authentication in the form set forth
in Section 7 hereof, 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 hereunder and are entitled to the benefits of this ordinance.
Section 9. Construction Fund; Application of Bond Proceeds. A special fund of
the City known as the "Water and Wastewater Utility Construction Fund" (the "Construction
Fund") has heretofore been created in the office of the Finance Director for the purpose of paying
costs of capital improvements to the System. Amounts received as proceeds of the sale of the
Bonds (other than the amount, if any, received on the date of delivery of the Bonds as accrued
interest, which shall be deposited in the Debt Service Account of the Bond Fund) shall be
deposited in the Construction Fund and used to pay costs of the Projects described in Section 3 of
this ordinance including payment of any interfund loans) and to pay all costs incidental thereto,
including the costs of issuance of the Bonds.
"1_] ~ P:\DO~,DOT1 G2 10~9103
Pending their expenditure, the City may temporarily invest the proceeds of the Bonds in
any investments permitted by law. The investment earnings shall be retained in the Construction
Fund and expended for the purposes of such Fund.
Section 10. Revenue Fund. The City hereby obligates and binds itself to pay all
Gross Revenue as collected into the Revenue Fund. The money in the Revenue Fund shall be
held separate and apart from all other funds and accounts of the City. The Gross Revenue
deposited in the Revenue Fund shall be used only for the following purposes and in the following
order of priority:
FIRST, to pay the Costs of Maintenance and Operation and to maintain a balance
in the Revenue Fund sufficient in amount to enable the City to continuously meet Costs of
Maintenance and Operation on a current basis;
SECOND, to make all payments required to be made into the Bond Fund to pay
the interest on any Parity Bonds;
TH1RD, to make all payments required to be made into the Bond Fund to pay the
maturing principal of any Serial Bonds and to make all payments required to be made into the
Bond Fund to satisfy the Sinking Fund Requirement;
FOURTH, to make all payments required to be made pursuant to a reimbursement
agreement or agreements (or other equivalent documents) in connection with Qualified Insurance
or a Qualified Letter of Credit; provided that if there is not sufficient money to make all
payments under reimbursement agreements the payments will be made on a pro rata basis;
FIFTH, to make all payments required to be made into the Reserve Account to
secure the payment of the principal of and interest on outstanding Parity Bonds;
'I-t~ 9:\DOT~DOT1G2 10/29103
SIXTH, to make all payments required by the DOE Loan Agreement to be made
into the Emergency Repair and Replacement Fund of the System;
SEVENTH, to make ali payments required to be made into any revenue bond
redemption fund, revenue warrant redemption fund, debt service account, reserve account or
bond retirement account created to pay and secure the payment of the principal of and interest on
any revenue bonds, or revenue warrants or other revenue obligations of the City, including the
City's Public Works Trust Fund loans, having a lien upon Gross Revenue junior and inferior to
the lien thereon for the payment of the principal of and interest on the Parity Bonds; and
EIGHTH, to retire by redemption or purchase in the open market any outstanding
water and wastewater utility revenue bonds, water and wastewater utility revenue warrants or
other water and wastewater utility revenue obligations of the City, to make necessary additions,
betterments, improvements and repairs to or extensions and replacements of the System, to make
deposits into the Rate Stabilization Fund, or for any other lawful City purposes.
Section 11. Rate Stabilization Fund. Pursuant to Section 13 of Ordinance No. 2843,
a special fund of the City designated the "Water and Wastewater Rate Stabilization Fund" (the
"Rate Stabilization Fund") has heretofore been established in anticipation of future increases in
revenue requirements of the System. in accordance with the provisions of Section 14 of
Ordinance No. 2843 and Seclion l 0 of this ordinance, the City may from time to time appropriate
or budget amounts in the Revenue Fund for deposit in the Rate Stabilization Fund and may from
time to time withdraw amounts therefrom for deposit in the Revenue Fund to prevent or mitigate
water and wastewater rate increases or for other lawful purposes of the City related to the
System.
Section 12. Bond Fund. Pursuant to Section 15 of Ordinance No. 2843, there has
heretofore been created in the office of the City Treasurer a fund of the City known as the "1994
Water and Wastewater Utility Revenue Bond Fund" (the "Bond Fund"), which fund is to be
drawn upon for the sole purpose of paying the principal of, premium if any, and interest on any
Parity Bonds. The money in the Bond Fund shall be kept separate and apart from all other funds
and accounts of the City.
(a) Debt Service Account. A special account known as the Debt Service
Account has been created in the Bond Fund for the purpose of paying the principal of, premium,
if any, and interest on the Parity Bonds.
As long as any of the Bonds remain outstanding, the City hereby irrevocably obligates
and binds itself to set aside and pay from the Revenue Fund into the Debt Service Account, on or
before the date due, those amounts necessary, together with Gross Revenue collected and
deposited and such other money as is on hand and available therefor in the Debt Service
Account, to pay the interest or principal and interest next coming due on ihe outstanding Bonds.
The City covenants and agrees that in the event it issues any future Parity Bonds that are
Term Bonds, it will provide in each ordinance authorizing the issuance of the same for annual
payments to be made from the Revenue Fund into the Debt Service Account sufficient together
with Gross Revenue collected and deposited and such other money as is on hand and available
therefor in such account to amortize the principal of future Parity Bonds which are Term Bonds
on or before the maturity date thereof.
(b) Reserve Account. A Reserve Account has been created in the Bond Fund
for the purpose of securing the payment of the principal of and interest on the Bonds and any
Future Parity Bonds. The City hereby covenants and agrees that it will satisfy the Reserve
1 -~11- P:\DOT~DOT1 G2 10129103
Account Requirement for the Bonds by obtaining the Surety Bond, which satisfies the definition
of "Qualified Insurance."
The City further covenants and agrees that in the event it issues any Future Parity Bonds
it will provide in each ordinance authorizing the issuance of such Future Parity Bonds that on or
prior to the date of issuance of such Future Parity Bonds money shall be deposited into the
Reserve Account, from proceeds of such Bonds or other funds available therefor, so that the total
amount of money in the Reserve Account will at least equal the Reserve Account Requirement.
The City may substitute Qualified Insurance or a Qualified Letter of Credit for amounts required
to be deposited into the Reserve Account. Such Qualified Letter of Credit or Qualified Insurance
shall not be cancellable on less than 5 years notice. In the event of any cancellation, the Reserve
Account shall be funded in accordance with the provisions of this section providing for payment
in the event of a deficiency therein, as if the Parity Bonds that remain outstanding had been
issued on the date of such notice or'cancellation.
The City further covenants and agrees that when the required deposits have been made
into the Reserve Account, it will at all times maintain therein an amount at least equal to the
Reserve Account Requirement, as redetermined in each calendar year with respect to the bonds
secured by such Reserve Account. Whenever there is a sufficient amount in the Bond Fund,
including all accounts therein, to pay the principal of, premium, if any, and interest on all
outstanding Parity Bonds, the money in the Reserve Account may be used to pay the principal of,
premium, if any, and interest on the Parity Bonds secured thereby. Money in the Reserve
Account may also be withdrawn to redeem and retire, and to pay the premium, if any, and interest
due to such date of redemption, on the outstanding Parity Bonds secured by such Reserve
Account, as long as the money remaining on deposit in such Reserve Account is at least equal to
the Reserve Account Requirement determined with respect to the Parity Bonds then outstanding.
In the event the Bonds outstanding are ever refunded, the money set aside in the Reserve
Account to secure the payment thereof may be used to retire Bonds or may be transferred to any
other reserve account that may be created to secure the payment of any bonds issued to refund the
Bonds.
In the event there shall be a deficiency in the Debt Service Account to meet maturing
installments of either interest on or principal of and interest on the outstanding Parity Bonds
payable out of such Account, such deficiency shall be made up from the Reserve Account by the
withdrawal of money therefrom and by the sale or redemption of obligations held in the Reserve
Account, if necessary, in such amounts as will provide cash in the Reserve Account sufficient to
make up any such deficiency, and if a deficiency still exists immediately prior to an interest
payment date and after the withdrawal of cash, the City shall then draw from any Qualified Letter
of Credit, Qualified Insurance, or other equivalent credit facility in sufficient amount to make up
the deficiency. Such draw shall be made at such times and under such conditions as the
agreement for such Qualified Letter of Credit or such Qualified Insurance shall provide. If more
than one Qualified Letter of Credit or Qualified Insurance is available, draws shall be made
ratably thereon to make up the deficiency. Any deficiency created in the Reserve Account by
reason of any such withdrawal shall then be made up from money in the Revenue Fund first
available after making the payments required to be made under paragraphs "FIRST" through
"FOURTH" of Section 10 of this ordinance.
(c) Lien of Bond Fund. The Bonds, together with the interest thereon, shall be
payable from Gross Revenue, and such Gross Revenue is hereby pledged and set aside out of the
P:\DOT~OOT 1 G2 10/29/03
Revenue Fund into the Bond Fund. Said amounts so pledged are hereby declared to be a lien and
charge upon Gross Revenue and the money in the Revenue Fund equal to the lien and charge
thereon to secure and pay the principal of and interest on the Revolving Fund Loan and any
Future Parity Bonds and superior to all other charges of any kind or nature, except the Costs of
Maintenance and Operation.
(d) Investment of Money in Bond Fund. All money in the Debt Service
Account or Reserve Account may be kept in cash or invested in Permitted Investments maturing
not later than the last maturity of the Bonds outstanding at the time of such purchase. Interest
earned on or profits made from the sale of such investments shall be deposited in and become a
part of the Revenue Fund.
Section 13. Adequacy of Revenues. The Council hereby declares that in fixing the
amounts to be paid into the Bond Fund as hereinbefore provided it has exercised due regard for
the Costs of Maintenance and Operation and has not obligated the City to set aside and pay into
the Bond Fund a greater amount of money in the Revenue Fund than in its judgment will be
available over and above such Costs of Maintenance and Operation.
Section 14. Covenants and Agreements. The City hereby covenants with the owner
of each of the Bonds for as long as any of the same remain outstanding as follows:
(a) Rates and Charges. The City covenants that it will establish, maintain and
collect lawful rates and charges for the use of the services and facilities of the System, and shall
adjust such rates and charges from time to time so that:
(1) Gross Revenue will at all times be sufficient (a) to pay all Costs of
Maintenance and Operations and to pay all taxes, assessments or other governmental charges
lawfully imposed on the System or the revenue therefrom or payments in lieu thereof and any and
all other amounts that the City may now be and hereafter become obligated to pay from Gross
Revenue by law or contract, including payments other than debt service required under the DOE
Loan Agreement; and, together with Assessments actually collected, (b) to pay the principal of
and interest on all outstanding Parity Bonds as and when the same become due and payable, to
make all payments required to be made into the Bond Fund to satisfy the Sinking Fund
Requirement, and to make when due all payments required to be made into the Reserve Account.
(2) The Net Revenue in each calendar year will equal at least
1.25 times Annual Debt Service for such year (after deducting Assessments actually collected for
such year). For the purpose of meeting the requirement of this paragraph there may be added to
Net Revenue for any calendar year any amount withdrawn from the Rate Stabilization Fund and
deposited in the Revenue Fund. There shall be subtracted from Net Revenue for any calendar
year any amounts in such year withdrawn from the Revenue Fund and deposited into the Rate
Stabilization Fund in such calendar year.
(b) Maintenance of System. The City covenants that it will at all times keep
and maintain the System in good repair, working order and condition, and will at all times
operate the same and the business in connection therewith in an efficient manner and at a
reasonable cost.
(c) Sale or Disposition of the System. The City will not sell or otherwise
dispose of the System in its entirety unless simultaneously with such sale or other disposition,
provision is made for the payment into the Bond Fund of cash or "Government Obligations," as
now or hereafter defined in RCW Chapter 39.53, as amended, or its successor statute, if any,
sufficient together with interest to be earned thereon to pay the principal of and interest on the
then outstanding Parity Bonds, nor will it sell or otherwise dispose of any part of the useful
P:,DOT~DO71G2 10F29/03
operating properties of the System unless such facilities are replaced or provision is made for
payment into the Bond Fund of the greater of:
(1) An amount that will be in the same proportion to the net amount of
Parity Bonds then outstanding (defined as the total amount of the Parity Bonds less the amount of
cash and investments in the Bond Fund and accounts therein) that the Net Revenue from the
portion of the System sold or disposed of for the preceding year bears to the total Net Revenue
for such period; or
(2) An amount that will be in the same proportion to the net principal
amount of Parity Bonds then outstanding that the book value of the part of the System sold or
disposed of bears to the book value of the entire System immediately prior to such sale or
disposition.
The proceeds of any such sale or disposition of a portion of the properties of the System
(to the extent required above) shall be paid into the Bond Fund.
Notwithstanding any other provision of this subsection, the City may sell or otherwise
dispose of any of the works, plant, properties and facilities of the System or any real or personal
property comprising a part of the same with a value less than 2% of the net utility plant of the
System or which shall have become unserviceable, inadequate, obsolete or unfit to be used in the
operation of the System, or no longer necessary, material to or useful in such operation, without
making any deposit into the Bond Fund.
(d) Collection of Assessments. The City shall promptly collect all
Assessments levied in any utility local improvement district now or hereafter created to secure
the payment of the principal of and interest on the Parity Bonds and shall pay the same into the
Bond Fund without allocation of such Assessments to any particular series of Parity Bonds. It is
hereby provided further, however, that nothing in this ordinance or in this subsection shall be
construed to prohibit the City from issuing revenue bonds having a lien on Gross Revenue junior
to the lien on such revenue for the payment of the principal of and interest on Parity Bonds and
pledging as security for the payments of such junior lien bonds assessments levied in any utility
local improvement district that may have been created to pay part or all the cost of improvements
to the System for which such junior lien revenue bonds were specifically issued.
(e) Books and Accounts. The City covenants that it will maintain complete
books and records relating to the operation of the System and its financial affairs, and wilt cause
such books and records to be audited annually, and cause to be prepared an annual financial and
operating statement, said statement to be mailed to any owner of Parity Bonds upon request.
(f) Insurance. The City covenants that it will carry fire and extended
coverage insurance on the System as is ordinarily carried on the property of similar public
utilities by other municipal corporations engaged in the operation of the same, to the full
insurable value thereof, and will also carry adequate public liability insurance and other kinds of
insurance as under good practices are ordinarily carried on the properties of similar public
utilities by private companies engaged in the operation of the same; provided, however, that the
City may if deemed necessary and advisable by the Council, institute or continue a self-insurance
program with respect to any or all of the aforementioned risks. The premiums paid for all such
insurance shall be regarded and paid as a Cost of Maintenance and Operation.
(g) Delinquencies. The City covenants that it will promptly collect all service
charges and Assessments, determine in a timely manner all delinquencies, and take all necessary
legal action to enforce collection of such delinquencies.
(h) No Free Service. Except as permitted by law, the City will not furnish any
service of the System to any customer whatsoever free of charge.
Section 15. Tax Covenant~ Special Designation. The City will not make any use of
the proceeds of the Bonds or any other money or obligations held under this ordinance for any
purpose, nor shall the City take any other action, that would cause any Bond to be (i)an
"arbitrage bond" within the meaning of Section 148 of the Code and the applicable regulations
thereunder, or (ii)a "private activity bond" under Section 141 of the Code and the applicable
regulations thereunder.
The City hereby designates the Bonds as "qualified tax-exempt obligations" under
Section 265(b)(3) of the Code for banks, thrift institutions and other financial institutions. The
City does not expect to issue more than $10,000,000 of "qualified tax-exempt obligations"
during 2003.
Section 16. Defeasance. In the event that money and/or Government Obligations (as
defined in Chapter 39.53 RCW, as amended, or its successor statute), 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 the Bonds or any of them in accordance with their
lerms are set aside in a special account to effect such redemption and retirement and such money
and the principal of and interest on such Govermnent 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 pr/nc/pal of and interest on the Bonds so provided for, and the owners of such
Bonds shall cease to be entitled to any lien, benefit or secuhty of this ordinance except for the
right to receive the money so set aside and pledged, and such Bonds shall be deemed not to be
outstanding hereunder. Within 30 days of any defeasance of Bonds, the City shall provide notice
of defeasance of Bonds to registered owners and to each NRMSIR and S1D, if any, in accordance
with Section 20 hereof.
Section 17. Issuance of Future Parity Bonds. The City hereby further covenants and
agrees with the owners of the Bonds for as long as any of the same remain outstanding as
follows:
(a) Parity Conditions. That it will not issue any bonds with a lien on Gross
Revenue superior to the lien on such revenues of the Bonds. The City may issue Future Parity
Bonds for:
First, the purpose of acquiring, constructing and installing additions and
improvements to and extensions of, acquiring necessary equipment for, or making necessary
replacements or repairs and capital improvements to the System; or
Second, the purpose of refunding or purchasing and retiring at or prior to their
maturity any outstanding revenue bonds or other obligations payable out of Gross Revenue;
and to pledge that payments be made into the Bond Fund for the payment of the principal thereof
and interest thereon out of the Revenue Fund sufficient to pay the principal of and interest on
such Future Parity Bonds and to maintain the reserves required therefor, which such payments
may rank equally with the payments out of such Revenue Fund into the Bond Fund and the
Reserve Account to pay and secure the payment of the principal of and interest on any Parity
Bonds then outstanding, upon compliance with the following conditions:
(1) That at the time of the issuance of such Future Parity Bonds there
is no deficiency in the Bond Fund and the Reserve Account.
(2) If there are special assessments levied in any utility local
improvement district in which additions and improvements to and extensions of the System will
be constructed from the proceeds of such Future Parity Bonds, the ordinance authorizing such
Future Par/ty Bonds shall require that such special assessments be paid into the Bond Fund.
(3) If there are special assessments pledged to be paid into a warrant or
bond redemption fund for revenue bonds or warrants being refunded by Future Parity Bonds, the
ordinance authorizing such Future Parity Bonds shall require such special assessments to be used
for the refunding or paid into the Bond Fund.
(4) The principal of and interest on the Future Parity Bonds shall be
payable out of the Bond Fund, and the ordinance author/zing their issuance shall further provide
for payments inlo the Bond Fund to satisfy the Sinking Fund Requirement and payments into the
Reserve Account to satisfy the Reserve Account Requirement, all as required by Section 12 of
this ordinance.
(5) Prior to the delivery of any Future Parity Bonds, the City shall have
on file in the office of the City Clerk a certificate of a Professional Utility Consultant showing:
that the Net Revenue determined and adjusted as hereafter provided for each calendar or fiscal
year after the issuance of such Future Parity Bonds (the "Adjusted Net Revenue") will equal at
]east 1.25 times the Annual Debt Service (after deducting Assessments, allocated to the years in
which they would be received if the unpaid balance of each assessment roll were paid in the
remaining number of installments with interest on the declining balance at the times and at the
rate provided in the ordinance confirming the assessment roll) for each such calendar or fiscal
year for all Parity Bonds plus the Future Parity Bonds proposed to be issued.
The Adjusted Net Revenue shall be the Net Revenue for a period of any 12 consecutive
months out of the 24 months immediately preceding the date of delivery of such proposed Future
Parity Bonds as adjusted by such Professional Utility Consultant to take into consideration
changes in Net Revenue estimated to occur under the following conditions for each year after
such delivery for so long as any Parity Bonds, including the Future Parity Bonds proposed to be
issued, shall be outstanding:
(i) The additional Net Revenue that would have been received if any
change in rates and charges adopted prior to the date of such certificate and subsequent to the
beginning of such 12-month period, had been in force during the full 12-month period;
(ii) The additional Net Revenue that would have been received if any
facility of the System that became fully operational after the beginning of such 12-month period
had been so operating for the entire period; and
(iii) The additional Net Revenue estimated by such Professional Utility
Consultant to be received as a result of any additions, betterments and improvements to and
extensions of any facilities of the System that are (a) under construction at the time of such
certificate or (b) will be constructed from the proceeds of the Future Parity Bonds to be issued.
Such Professional Utility Consultant may rely upon, and his or her certificate shall have
attached thereto, financial statements of the System certified by the City Treasurer showing
income and expenses for the period upon which the same is based.
The certificate of such Professional Utility Consultant shall be conclusive and the only
evidence required to show compliance with the provisions and requirements of this
subsection (5).
(b) Refunding. Notwithstanding the foregoing requirement, if Future Parity
Bonds are to be issued for the purpose of refunding at or prior to their maturity any part or all of
the then outstanding Parity Bonds and the issuance of such refunding Future Parity Bonds will
result in a debt service savings and does not require an increase of more than $5,000 in any fiscal
1 -~ l"]- P:\DO BDO~', G2 10/2@/03
or calendar year for principal of and interest on such refunding Future Parity Bonds over and
above the amount required in such year for the principal of and interest on the bonds being
refunded thereby, the condition stated in subsection (a)(5) of this section need not be met.
(c) Junior Lien Obligations. Nothing herein contained shall prevent the City
from issuing any revenue bonds, warrants or other obligations that are a charge upon the money
in the Revenue Fund junior or inferior to the payments required by this ordinance to be made into
the Bond Fund and the Reserve Account.
Section 18. .Sale of Bonds. The City hereby approves the offer of Seattle-Northwest
Securities Corporation (the "Underwriter") to purchase the Bonds on the terms and conditions set
forth in its purchase contract received on the date of this ordinance (the "Purchase Contract").
The City Manager is hereby authorized to sign the Purchase Contract on behalf of the City and
deliver it to the Underwriter. The proper City officials are hereby authorized and directed to do
everything necessary for the prompt issuance, execution and delivery of the Bonds to the
Underwriter, in accordance with this ordinance and the Purchase Contract, and to apply the Bond
proceeds in accordance with this ordinance.
Section 19. Official Statement. The City approves the preliminary Official Statement
presented to this Council and authorizes the Underwriter's distribution of the preliminary Official
Statement in connection with the offering of the Bonds for sale. Pursuant to the Rule, the City
deems the preliminary Official Statement dated October 27, 2003 final as of its date except for
the omission of information dependent upon the pricing of the Bonds and the completion of the
Purchase Contract. The City agrees to cooperate with the Underwriter to deliver or cause to be
delivered, within seven business days from the date of the sale of the Bonds and in sufficient
time to accompany any confirmation that requests payment from any customer of the
Underwriter, copies of a final Official Statement in sufficient quantity to comply with
paragraph (b)(4) of the Rule and the roles of the MSRB. The City authorizes the Underwriter to
use the Official Statement, substantially in the form of the preliminary Official Statement, in
connection with the sale of the Bonds. The City Manager and Finance Director are hereby
authorized to review and approve on behalf of the City the final Official Statement relative to the
Bonds with such additions and changes as they may deem necessary or advisable.
Section20. Undertaking to Provide Ongoing Disclosure. This Section20
constitutes the City's written undertaking for the benefit of the owners and Beneficial Owners of
the Bonds as required by Section (b)(5) of the Rule.
(a) Financial Statements/Operating Data. The City agrees to provide or
cause to be provided to each NRMSIR and to the SD, 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 2004 for the fiscal year ended
December 31, 2003):
(1) Annual financial statements, which statements may or may not be
audited, showing end fund balance for the country'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 the headings "Water/Wastewater Fund - Statement of Revenues,
Expenses and other Changes in Fund Equity" and "Water/Wastewater Utility - Historical
Coverage from Operations";
(2) The principal amount of Parity Bonds and debt service coverage
for Parity Bonds;
(3) Water and wastewater rates; and
(4) Number of water and wastewater customers of the System.
Items (2) - (4) shall be required only to the extent that such information is not included in
the annual financial statements provided pursuant to (1).
Such annual information and operating data descr/bed above shall be provided on or
before seven months after the end of the City's fiscal year. The City's fiscal year currently ends
on 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 S1D, 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, 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.
If not provided as part of the annual financial information discussed above, the City shall
provide the City's audited annual financial statement 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) when and if available to each then existing NRMSIR and the
SID, if any.
(b) 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 of the following events with respect to the Bonds, if material:
(1) Principal and interest payment delinquencies;
(2) Non-payment related defaults;
(3) Unscheduled draws on debt service reserves reflecting financial
difficulties;
(4) Unscheduled draws on credit enhancements reflecting financial
difficulties;
(5) Substitution of credit or liquidity providers, or their failure to
perform;
(6) Adverse tax opinions or events affecting the tax-exempt status of
the Bonds;
(7) Modifications to rights of Bond holders;
(8) Optional, contingent or unscheduled calls of any Bonds other than
scheduled sinking fund redemptions for which notice is given pursuant to Exchange Act
Release 34-23856;
(9) Defeasances;
(10) Release, substitution or sale of properly securing repayment of the
Bonds; and
(11) Rating changes.
Solely for purposes of disclosure, and not intending to modify this undertaking, the City
advises with reference to item (10) above that no property secures payment of the Bonds. The
Reserve Account is the applicable debt service reserve, and the Bond Insurance Policy is the
applicable credit enhancement.
(c) 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 (a) above on or prior to the date set forth in subsection (a) above.
(d) Termination/Modification. The City's obligations to provide annual
financial information and notices of material events shall terminate upon the legal defeasance,
prior redemption or payment in full of all of the Bonds. This section, or any provision hereof,
shall be null and void if the City (i) obtains an opinion of nationally recognized bond counsel to
the effect that those portions of the Rule which require this section, or any such provision, are
invalid, have been repealed retroactively or otherwise do not apply to the Bonds; and (ii) notifies
each then existing NRMSIR and the SID, if any, of such opinion and the cancellation of this
section.
Notwithstanding any other provision of this motion, the City may amend this Section 20,
and any provision of this Section 20 may be waived, with an approving opinion of nationally
recognized bond counsel and in accordance with the Rule. In the event of any amendment or
waiver of a provision of this Section 20, the City shall describe such amendment in the next
annual report, and shall include, as applicable, a narrative explanation of the reason for the
amendment or waiver and its impact on the type (or in the case of a change of accounting
principles, on the presentation) of financial information or operating data being presented by the
City. In addition, if the amendment relates to the accounting principles to be followed in
preparing financial statements, (i) notice of such change shall be given in the same mariner as for
a material event under subsection (b), and (ii) the annual report for the year in which the change
is made should present a comparison (in narrative form and also, if feasible, in quantitative form)
between the financial statements as prepared on the basis of the new accounting principles and
those prepared on the basis of the former accounting principles.
(e) Bond Owner's Remedies Under This Section. The right of any Bond
Owner or Beneficial Owner of Bonds to enforce the provisions of this section shall be limited to
a right to obtain specific enforcement of the City's obligations hereunder, and any failure by the
City to comply with the provisions of this undertaking shall not be an event of default with
respect to the Bonds hereunder. For purposes of this section, "Beneficial Owner" means any
person who has the power, directly or indirectly, to vote or consent with respect to, or to dispose
of ownership of, any Bends, including persons holding Bonds thorough nominees or depositories.
.Section 21. Bond Insurance and Surety Bond.
(a) Acceptance of Commitment. The City hereby accepts the commitment
from MBIA Insurance Corporation (the "insurer") to provide a Bond Insurance Policy insuring
repayment of the Bonds and a Surety Bond to fund the Reserve Requirement for the Bonds. The
City agrees to the conditions for obtaining the Surety Bond, including the payment of the
premium therefor and the other requirements set forth in the Financial Guaranty Agreement. The
Financial Guaranty Agreement is hereby approved and the City Manager or Finance Director is
hereby authorized to sign the Financial Guaranty Agreement on behalf of the City. The Council
further authorizes and directs all proper officers, agents, attorneys and employees of the City 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 and the Surety Bond.
(b) Payments Under the Bond Insurance Policy. As long as the Bond
Insurance Policy shall be in full force and effect, the City and the Bond Registrar agree to comply
with the following provisions:
'1_~_ P:\DOTXDOI1 G2 10/2~103
(1) In the event that, on the second business day, and again on the
business day, prior to the payment date on the Bonds, the Bond Registrar has not received
sufficient money to pay all principal of and interest on the Bonds due on the second following or
following, as the case may be, business day, the Bond Registrar shall immediately notify the
Insurer or its designee on the same business day by telephone or telegraph, confirmed in writing
by registered or certified mail, of the amount of the deficiency.
(2) If the deficiency is made up in whole or in part prior to or on the
payment date, the Bond Registrar shall so notify the Insurer or its designee.
(3) In addition, if the Bond Registrar has notice that any Bond holder
has been required to disgorge payments of principal or interest on the Bonds to a trustee in
bankruptcy or creditors or others pursuant to a final judgment by a court of competent
jurisdiction that such payment constitutes an avoidable preference to such Bond holder within the
meaning of any applicable bankruptcy laws, then the Bond Registrar shall notify the Insurer or its
designee of such fact by telephone or telegraphic notice, confirmed in writing by registered or
certified mail.
(4) The Bond Registrar is hereby irrevocably designated, appointed,
directed and authorized to act as attorney-in-fact for owners of the Bonds as follows:
a. If and to the extent there is a deficiency in amounts required
to pay interest on the Bonds, the Bond Registrar shall (i) execute and deliver to U.S. Bank Trust
National Association, or its successors under the Bond Insurance Policy (the "Insurance Paying
Agent"), in form satisfactory to the Insurance Paying Agent, an instrument appointing the Insurer
as agent for such owners in any legal proceeding related to the payment of such interest and an
assignment to the Insurer of the claims for interest to which such deficiency relates and which are
']-~- P:/DOT~DOTIG2 10129103
paid by the Insurer, (ii) receive as designee of the respective owners (and not as Bond Registrar)
in accordance with the tenor of the Bond Insurance Policy payment from the Insurance Paying
Agent with respect to the claims for interest so assigned, and (iii) disburse the same to such
respective owners; and
b. If and to the extent of a deficiency in amounts required to
pay principal of the Bonds, the Bond Registrar shall (i) execute and deliver to the Insurance
Paying Agent in form satisfactory to the Insurance Paying Agent an instrument appointing the
Insurer as agent for such owner in any legal proceeding relating to the payment of such principal
and an assignment to the Insurer of any of the Bonds surrendered to the Insurance Paying Agent
of so much of the principal amount thereof as has not previously been paid or for which money is
not held by the Bond Registrar and available for such payment (but such assignment shall be
delivered only if payment from the Insurance Paying Agent is received), (ii) receive as designee
of the respective owners (and not as Bond Registrar) in accordance with the tenor of the Bond
Insurance Policy payment therefor from the Insurance Paying Agent, and (i/i) disburse the same
to such owner.
(5) Payments with respect to claims for interest on and principal of
Bonds disbursed by the Bond Registrar from proceeds of the Bond Insurance Policy shall not be
considered to discharge the obligation of the City with respect to such Bonds, and the Insurer
shall become the owner of such unpaid Bonds and claims for the interest in accordance with the
tenor of the assignment made to it under the provisions of this subsection or otherwise.
(6) Irrespective of whether any such assignment is executed and
delivered, the City and the Bond Registrar hereby agree for the benefit of the Insurer that:
'}-~- P:/DOI~DOTIG2 10/29/03
a. They recognize that to the extent the Insurer makes
payments, directly or indirectly (as by paying through the Bond Registrar), on account of
principal of or interest on the Bonds, the Insurer will be subrogated to the rights of such owners
to receive the amount of such principal and interest from the City, with interest thereon as
provided and solely from the sources stated in this ordinance and the Bonds; and
b. They will accordingly pay to the Insurer the amount of such
principal and interest (including principal and interest recovered under subparagraph (ii) of the
first paragraph of the Bond Insurance Policy, which principal and interest shall be deemed past
due and not to have been paid), with interest thereon as provided in this ordinance and the Bonds,
but only from the sources and in the manner provided herein for the payment of principal of and
interest on the Bonds to owners, and will otherwise treat the Insurer as the owner of such rights
to the amount of such principal and interest.
(c) Payments under the Surety Bond. So long as the Surety Bond is in effect;
the Bond Registrar shall deliver a Demand for Payment in the form set forth as Attachment 1 to
the Surety Bond at least three days prior to the date on which funds are required under the Surety
Bond.
(d) Rights of Insurer. The following provisions shall govern, notwithstanding
anything to the contrary set forth in this ordinance:
(1) In connection with the issuance of Future Parity Bonds, the City
shall deliver to the Insurer a copy of the disclosure document, if any, circulated with respect to
such Future Parity Bonds.
(2) The Insurer shall receive copies of the City's audited financial
statements and annual budget.
(3) The City shall give notice to the Insurer of the adoption of any
ordinance supplementing or amending this ordinance without the consent of Bondowners.
Insurer consent is required for the adoption of any ordinance supplementing this ordinance where
such supplement requires the consent of Bondowners. Copies of any amendments made to the
documents executed in connection with the issuance of the Bonds which are consented to be the
Insurer shall be sent to Standard & Poor's Ratings Services.
(4) The Insurer shall receive notice of the resignation or removal of the
Bond Registrar and the appointn~ent ora successor, other than the designated state fiscal agent.
(5) Any notices required to be given by any party under this ordinance
shall also be given to the Insurer and sent by registered or certified mail addressed to: MBIA
h~surance Corporation, 113 King Street, Armonk, New York 10504, Attention: Surveillance.
(6) Upon the occurrence of any default hereunder the Insurer shall be
considered the Bondowner of all outstanding Bonds for purposes of exercising rights and
remedies in connection with such default.
(7) The City agrees to reimburse the Insurer immediately and
unconditionally upon demand, to the extent permitted by law, for all reasonable expenses,
including reasonable attorneys' fees and expenses, incurred by the Insurer in connection with (i)
enforcement by the Insurer of the City's obligations, or the preservation or defense of any rights
of the Insurer, under this ordinance and any other document executed in connection with the
issuance of the Bonds, and (ii) any consent, amendment, waiver or other action with respect to
this ordinance or any related document, whether or not granted or approved, together with
interest on all such expenses from and including the date incurred to the date of payment at
Citibank's Prime Rate plus 3% or the maximum interest rate permitted by law, whichever is less.
In addition, the Insurer reserves the right to charge a reasonable fee in connection with its review
of any such consent, amendment or waiver, whether or not granted or approved.
Section 22. Supplements and Amendments.
(a) The Council from time to time and at any time may adopt an ordinance or
ordinances supplemental hereof, which ordinance or ordinances thereafter shall become a part of
this ordinance, for any one or more or all of the following purposes:
(1) To add to the covenants and agreements of the City in this
ordinance other covenants and agreements thereafter to be observed, which shall not adversely
affect the interests of the owners of any Bonds or any Parity Bonds in any material respect, or to
surrender any fight or power herein reserved to or conferred upon the City.
(2) To make such provisions for the purpose of curing any ambiguities
or of curing, correcting or supplementing any defective provision contained in this ordinance in
regard to such matters or questions as the Council may deem necessary or desirable and not
inconsistent with this ordinance and which shall not adversely affect the interests of the owners
of any Bonds or any Parity Bonds in any material respect.
(3) To amend or supplement any provision contained in this ordinance
for the purpose of obtaining or maintaining a rating on the Bonds so long as such amendment or
supplement is not inconsistent with this ordinance and will not adversely affect the interests of
the owners of any Bonds or any Parity Bonds in any material respect.
Any such supplemental ordinance of the Council may be adopted without the consent of
the owners of any Bonds at any time outstanding, notwithstanding any of the provisions of
subsection (b) of this section; provided, however, that the City shall obtain an opinion of
nationally recognized bond counsel to the effect that such supplemental ordinance complies with
'1 -I~- P:\DOT~DOT 1 G~
this subsection (a) and will not adversely affect the interests of the owners of any Bonds or any
Parity Bonds in any material respect.
(b) With the consent of the owners of not less than 65% in aggregate principal
amount of the Parity Bonds at the time outstanding, the Council may adopt an ordinance or
ordinances supplemental hereto for the purpose of adding any provisions to or changing in any
manner or eliminating any of the provisions of this ordinance or of any supplemental ordinance;
provided, however, that no such supplemental ordinance shall:
(1) Extend the fixed maturity of any Parity Bonds, or reduce the rate of
interest thereon, or extend the time of payments of interest from their due date, or reduce the
amount of the principal thereof, or reduce any premium payable on the redemption thereof,
without the consent of the owner of each bond so affected; or
(2) Reduce the aforesaid percentage of bond owners required to
approve any such supplemental ordinance, without the consent of the owners of all of the Parity
Bonds then outstanding.
It shall not be necessary for the consent of bond owners under this subsection (b) to
approve the particular form of any proposed supplemental ordinance, but it shall be sufficient if
such consent shall approve the substance thereof.
(c) Upon the adoption of any supplemental ordinance pursuant to the
provisions of this section, this ordinance shall be deemed to be modified and amended in
accordance therewith, and the respective rights, duties and obligations of the City under this
ordinance and all owners of Bonds outstanding hereunder shall thereafter be determined,
exercised and enforced thereunder, subject in all respects to such modification and amendments,
and all the terms and conditions of any such supplemental ordinance shall be deemed to be part
of the terms and conditions of this ordinance for any and all purposes.
.Section 23. Lost or Destroyed Bonds. In case any Bonds shall be lost, stolen or
destroyed, the Bond Registrar may authenticate and deliver a new Bond or Bonds of like amount,
date and tenor to the Registered Owner thereof upon the owner paying the expenses and charges
of the Bond Registrar and the City in connection therewith and upon his or her filing with the
Bond Registrar and the City evidence satisfactory to both that such Bond or Bonds were actually
lost, stolen or destroyed and of his or her ownership thereof, and upon furnishing the City and the
Bond Registrar with indemnity satisfactory to both.
Section 24. Severability. If any one or more of the covenants and 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 in this ordinance and shall in no way affect the validity of the other provisions of
this ordinance or of any Bonds.
.Section 25. Effective Date. This ordinance shall become effective five days from and
after its passage, approval and publication.
PASSED by the City Council of the City of Port Angeles, Washington, at a regular
meeting of said Council held on November 4, 2003.
CITY OF PORT ANGELES, WASHINGTON
By
Mayor
Attest:
By
City Clerk
(SEAL)
CERTIFICATE OF CITY CLERK
I DO HEREBY CERTIFY that 1 am the duly chosen, qualified and acting Clerk of the
City of Port Angeles, Washington (the "City"), and keeper of the records of the City Council; and
I HEREBY CERTI~'Y:
1. That the attached ordinance is a true and correct copy of Ordinance No.
of the City (the "Ordinance"), as finally passed at a regular meeting of the City
Council held on November 4, 2003, and duly recorded in my office.
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 quorum was present throughout the meeting and a legally sufficient number of
members of the City Council voted in the proper manner for the passage of the Ordinance; that
all other requirements and proceedings incident to the proper passage of the Ordinance have been
duly 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 November,
2003.
City Clerk
ORTANGELES
WASHINGTON, U.S.A.
CiTY COUNCIL MEMO
DATE: November 4, 2003
To: CITY COUNCIL
FROM: SUE ROBERDS, ASS1STANT PLANNER
SUBJECT: STREET VACATION PETITION- STV 03-03
PORT OF PORT ANGELES - RIGHT-OF-WAY AND PROPERTY ABUTTING "K" STREET
SOUTH OF IVIAR1NE DelVE
Summary: The Port of Port Angeles proposes to vacate a portion of the "K' Street right-of-wayl
between Marine Drive and the City's industrial waterline along Third Street.
Recommendation: The Department of Community Development recommends that the CiP
Council adopt the altached resolution setting a public hearing for consideration of the vacation at
the Council 'x December 2, 2003, regular meeting.
Background / Analysis:
A valid petition for the vacation of a portion of the "K" Street right-of-way situated between Marine
Drive and the City's industrial waterline along Third Street was submitted on September 5, 2003,
by the Port of Port Angeles. The Real Estate Committee has considered the proposed street vacation
with regard to compensation and directed staffto work with the Pon on this issue as it is desired to
exchange property with the Pon rather than charge monetary compensation for the property. Per
RCW 35.79, it would be appropriate to accept the petition by adoption of the resolution and forward
the issue to the Planning Commission for a recommendation.
Staffwill be available for comment. The petition and map are attached for your infoxmation.
Sue Roberds,~}sistant Pla~mer
Attachments:
147
RESOLUTION NO.
A RESOLUTION of the City Council of the City of Port Angeles,
Washington, setting a hearing date for a petition to vacate a portion of
"K" Street in Port Angeles, Washington.
WHEREAS, a petition is on file with the City of Port Angeles to vacate City right-of-
way described as follows:
That portion of"K" Street abutting Block 131 and Block 139, Township 30
North, Range 6 WWM., Port Angeles; and
WHEREAS, the petition has been signed by the owner of more than two-thirds of the
~roperty abutting upon the right-of-way to be vacated;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port
~ngeles as follows:
.Section 1. The petition to vacate the above-described City right-of-way shall be heard
and determined by the City Council in the Council Chambers, 321 East Fifth Street, at the Council's
regular meeting on ~, 2003 at 7:00 p.m., or as soon thereafter as possible, which is not
more than sixty (60) days nor less than twenty (20) days hereafter.
Section 2. The City Clerk is hereby directed to give twenty (20) days notice of the
)endency of the petition and the time and place of the hearing in accordance with the provisions of
RCW 35.79.020.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 4th day of November, 2003.
MAYOR
ATTEST: APPROVED AS TO FORM:
Becky J. Upton, City Clerk Craig D. Knutson, City Attorney
G:\LegaI_Backuo~ORDINANCES&RESOLUTIONS\R2003-10,wpd
October 21, 2003
149
I
WASHINGTON, U.S.A.
CITY COUNCIL MEMO
Date: November 4, 2003
To: City Council
From: Glenn Cutler, Director of Public Works and Utilities--
Subject: Resolution Declaring State of Emergency
:ummary: The City Council needs to declare a state of emergency in order to allow for State
nd/or Federal reimbursement for repair of the recent waterfront trail slide in the vicinity east of
Francis Street Park and possibly for repair of wind damaged electric utility facilities.
Recommendation: It is recommended that the City Council approve the attached
Resolution declaration a state of emergency to allow for State and/or Federal reimbursement
for repair of the waterfront trail slide in the vicinity east of Francis Street Park and possibly
for other damaged City facilities.
Background / Analysis: On October 17, 2003, a Governor's proclamation of emergency was
issued for heavy winds and rain in several Washington counties, including Clallam County. The
proclamation provides for State assistance to affected local jurisdictions.
On October 21, 2003 a slide occurred on the waterfront trail in the vicinity east of Francis Street
Park. According to the City's Civil Engineer Jim Mahlum, the slide was caused by abnormally heavy
rainfall. The material came from the bluff just north of the hospital and covered the trail to make
it impassable. The debris, which consisted of approximately 400 cubic yards of soil and trees, had
to be cleared and trail fencing needed to be modified in order to get large equipment into the site.
The City did not have the equipment to handle removal of the slide and received an estimate from
Primo Construction to do the c]eannp for approximately $7,400.
The Washington State Department of Transportation has indicated that it will reimburse the City for
the work, provided that the City Council approves a declaration of emergency, consistent with the
Governor's previous declaration, based on the recent heavy rains and flooding. There is also a
possibility of receiving aid for damage to the City's electric utility facilities caused by last week's
heavy winds.
Glenn Cutler
Director of Public Works and Utilities
RESOLUTION NO.
A RESOLUTION ofthe City Council of the City of Port Angeles declaring
a state of emergency and authorizing the request of State and/or Federal
emergency assistance.
WHEREAS, the following disaster has occurred in the City of Port Angeles:
A severe winter storm has impacted the City with abnormally heavy amounts of rainfall
and high winds and has impacted the capacity of the City's equipment, infrastructure, personnel
and/or budgetary resources as necessary to protect the public health, safety, and welfare', and
WHEREAS, said disaster has caused City property and facilities, including the City's
waterfront trail and electrical utility facilities, to be severely damaged and/or threatened;
WHEREAS, the specific measures that the City has taken to deal with this disaster, and
the State and/or Federal assistance that the City still requires, are as follows:
All available City equipment and personnel have been utilized in repairing the damage
due to the rainfall, accompanying landslides, and high winds; the City has retained private
contractors on an emergency basis to repair the damage; and financial resources have been tapped
beyond budgeted amounts to the extent that State and/or Federal resources may need to be
requested.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port
Angeles as follows:
1. There is, and has existed since October 16, 2003, a state of emergency in the City
of Port Angeles due to abnormally severe winter rainfall and high winds.
153
2. The actions taken, and to be taken, by the Mayor, the City Manager, and
authorized designees, as are reasonably necessary to prevent or minimize the loss of life and
property, are hereby confirmed.
3. The Mayor and City Manager are authorized to request State and/or Federal
assistance to the extent that the severity and magnitude of the disaster is beyond the capability of
City resources.
PASSED by the City Council of the City of Port Angeles at a meeting of said Council
held on the 4th day of November, 2003.
Glenn Wiggins, Mayor
ATTEST:
Becky J. Upton, City Clerk
APPROVED AS TO FORM:
Craig D. Knutson, City Attorney
154
s cumn s co ,o ^no
November 4, 2003
Honorable Mayor and City Council
City of Port Angeles, WA
321 East Fifth Street
Port Angeles, Washington 98362
Re: City of Port Angeles, WA
$4,220,000 Water and Wastewater Utility Revenue Bonds, 2003
Dated: Date of Delivery
Honorable Mayor and City Council:
Seattle-Northwest Securities Corporation ("Purchaser") offers to purchase from the City of Port Angeles,
Washington ("Seller") all the above-described bonds (the "Bonds") on the terms and based upon the
covenants, representations and warranties set forth below. Appendix A, which is incorporated into this
Bond Purchase Agreement (the "Agreement") by reference, contains a brief description of the Bonds,
including principal amounts, redemption provisions, maturities, interest rates, purchase price, and the
proposed date and place of delivery and payment (the "Closing"). Other provisions of this Agreement are as
follows:
1. Prior to the Closing, Seller will approve a Preliminary Official Statement, with such changes as are
requested by the Seller and its counsel, and will pass an ordinance authorizing the Bonds (the "Bond
Ordinance"). The Purchaser is authorized by Seller to use these documents and the information
contained in them in connection with the public offering of the Bonds and the final Official Statement
in connection with the sale and delivery of the Bonds.
2. Seller, to the best of its knowledge, represents and covenants to the Purchaser that:
(a) it has and will have at the Closing the power and authority to enter into and perform this
Agreement, to pass the Bond Ordinance and to deliver and sell the Bonds to the Purchaser;
(b) this Agreement and the Bonds do not and will not conflict with, or constitute or cream a breach or
default under, any existing law, regulation, order or agreement to which Seller is subject;
(c) no governmental approval or authorization (other than the Bond Ordinance) which has not been
obtained, or will not be obtained prior to Closing, is required in connection with the sale of the
Bonds to the Purchaser;
(d) the Preliminary Official Statement with corrections, if any, noted by the Seller and its counsel, as
of its date and (except as to matters corrected or added in the final Official Statement) as of the
Closing, is accurate and complete in all material respects as of its date to the knowledge and
belief of the officers and employees of the Seller, after due review;
(e) the Seller has previously provided the Purchaser with a copy of its Preliminary Official Statement
dated October 27, 2003. As of its date, the Preliminary Official Statement has been "deemed
final" by the Seller for purposes of Securities and Exchange Commission ("S.E.C.") Rule 15c2-
12(b)(1), except for the omission of maturity amounts, interest rates, redemption dates and prices,
ratings, underwriter's discount and related terms;
1420 Fifth Avenue, Suite 4300 Seattle, WA 98101 (206) 628 2882 www. seattlenorthwest, com
Washington Oregon Idaho Utah
Honorable Mayor and City Council
City of Port Angeles, WA
November 4, 2003
Page 2
(f) the Seller agrees to cooperate with the Purchaser to permit the Purchaser to deliver or cause to be
delivered, within seven business days after any final agreement to purchase, offer, or sell the
securities and in sufficient time to accompany any confirmation that requests payment from any
customer of the Purchaser, copies of a final Official Statement in sufficient quantity to comply
with paragraph (b)(4) of the S.E.C. Rule 15c2-12 and the rules of the Municipal Securities
Rulemaking Board ("MSRB"). The Purchaser agrees to deliver the required number of copies of
the final Official Statement to the MSRB and to all nationally recognized municipal securities
information repositories on the business day on which the final Official Statement is available,
and in any event no later than ten business days after the date hereof;
(g) by the Bond Ordinance, the seller has entered into a written agreement or contract, constituting an
undertaking (the "Undertaking"), to provide ongoing disclosure about the Seller for the benefit of
the owners of the Bonds on or before the Closing as required by Section (b)(5)(i) of S.E.C. Rule
15c2-12 (the "Rule"), and in the form as summarized by the Preliminary Official Statement, with
such changes as may be agreed to in writing by the Purchaser; and
(h) if, at any time prior to the Closing, any event occurs as a result of which the Preliminary Official
Statement might include an untrue statement of a material fact or omit to state any material fact
necessary to make the statements therein, in light of the circumstances under which they were
made, not misleading, the Seller shall promptly notify the Purchaser thereofi
3. The Purchaser shall have the right to cancel this Agreement to purchase the Bonds by notifying the
Seller of its election to do so if, after the execution of this Agreement and prior to the Closing:
(a) a decision by a court of the United States or the United States Tax Court shall be rendered, or a
ruling or a regulation (final, temporary, or proposed) by or on behalf of the Treasury Department
of the United States, the Internal Revenue Service or other governmental agency shall be issued
and in the case of any such regulation, published in the Federal Register, or legislation shall have
been introduced in, enacted by or favorably reported to either the House of Representatives or the
Senate of the United States, with respect to Federal taxation upon interest received on bonds of
the type and character of any of the Bonds which, in the reasonable judgment of the Purchaser,
materially adversely affects the marketability of the Bonds or their sale by the Purchaser, at the
contemplated public offering prices; or
(b) The United States shall have become engaged in hostilities or existing hostilities shall have
escalated or a national emergency or other national or international calamity or other event shall
have occurred, escalated, or accelerated to such an extent as, in the reasonable opinion of the
Purchaser, to have a materially adverse effect on the marketability of the Bonds or the
Purchaser's ability to enforce contracts for the sale of the Bonds; or
(c) there shall have occurred a general suspension of trading on the New York Stock Exchange; or
(d) a general banking moratorium shall have been declared by the United States, New York State or
Washington State authorities; or
(e) legislation shall hereafter be enacted, or actively considered for enactment, with an effective date
prior to the date of the delivery of the Bonds, or a decision by a court of the United States shall
hereafter be rendered, or a ruling or regulation by the S.E.C. or other governmental agency having
jurisdiction of the subject matter shall hereafter be made, the effect of which is that
Honorable Mayor and City Council
City of Port Angeles, WA
November 4, 2003
Page 3
(i) the Bonds are not exempt from the registration, qualification or other requirements of the
Securities Act of 1933, as amended and as then in effect, or the Securities Exchange Act of
1934, as amended and then in effect, or
(ii) the Bond Ordinance is not exempt from the registration, qualification or other requirements
of the Trust Indenture Act of 1939, as amended and as then in effect; or
(f) a stop order, ruling or regulation by the S.E.C. shall hereafter be issued or made, the effect of
which is that the issuance, offering or sale of the Bonds, as contemplated herein or in the final
Official Statement, is in violation of any provision of the Securities Act of 1933, as amended and
as then in effect, the Securities Exchange Act of 1934, as amended and as then in effect, or the
Trust Indenture Act of 1939, as amended and as then in effect, and which, in its reasonable
judgment, adversely affects the marketability of the Bonds or the market price thereof.
4. The Purchaser's obligations hereunder are also subject to the condition that at or prior to the Closing
Seller will deliver to the Purchaser all of the following:
(a) the Bonds, fully registered in book-entry form only in the name of Cede & Co., as bond owner
and nominee for The Depository Trust Company;
(b) the approving opinion of Bond Counsel dated the Closing date;
(c) written evidence that Moody's Investors Service has issued its underlying rating of "A3" for the
Bonds and that such rating is in full force and effect on and as of Closing; evidence that the
Bonds have been assigned a rating of "Aaa" by Moody's Investors Service based on the Seller's
purchase of a bond insurance policy issued by MBIA, and evidence of Seller's purchase of such
insurance including an opinion of counsel to the Insurance Provider
(d) the following documents executed by authorized officers of the Seller: a certificate setting forth
the facts, estimates and circumstances in existence on the date of Closing which establish that it is
not expected that the proceeds of the Bonds will be used in a manner that could cause the Bonds
to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986,
as amended, and any applicable regulations thereunder;
(e) a certified copy of the Bond Ordinance;
(f) designation of the Bonds as "qualified tax-exempt obligations" for banks, thrift institutions and
other financial institutions, as defined in Section 265 of the Internal Revenue Code of 1986, as
amended; and
(g) such additional certificates, instruments or other evidence as the Purchaser may deem reasonably
necessary or desirable to evidence the due authorization, execution, authentication and delivery of
the Bonds, the truth and accuracy as of the time of the Closing of the Seller's representations and
warranties, and the conformity of the Bonds and Bond Ordinance with the terms thereof as
summarized in the Official Statement, and to cover such other matters as it reasonably requests.
Honorable Mayor and City Council
City of Port Angeles, WA
November 4, 2003
Page 4
5. Seller will pay the cost of preparing, printing and executing the Bonds; the fees and disbursements of
Bond Counsel; bond registration and rating fees and expenses; bond insurance, if any; travel and
lodging expenses of Seller's employees and representatives; and other expenses of Seller.
Purchaser will pay fees and disbursements of Purchaser's counsel, if any, the cost of preparation and
filing of blue sky and legal investment surveys where necessary, Purchaser's travel expenses, and other
expenses of Purchaser. As a convenience to Seller, Purchaser may from time to time, but only upon ,
the prior written direction from the Seller, make arrangements for certain items for which Seller is
responsible hereunder, such as travel or lodging arrangements for Seller's representatives.
Purchaser also may advance for Seller's account when appropriate and when directed in advance in
writing by the Seller, the cost of the items for which Seller is responsible by making payments to third-
party vendors. In such cases, Seller shall pay such costs or expenses directly, upon submission of
appropriate invoices by Purchaser, or promptly reimburse Purchaser in the event Pumhaser has
advanced such costs or expenses for Seller's account. It is understood that Seller shall be primarily
responsible for payment of all such items and that Purchaser may agree to advance the cost of such
items from time to time solely as an accommodation to Seller and on the condition that it shall be
reimbursed in full by Seller.
6. This Agreement is intended to benefit only the parties hereto, and Seller's representations and
warranties shall survive any investigation made by or for the purchase, delivery and payment for the
Bonds, and the termination of this Agreement. Should the Seller fail to satisfy any of the foregoing
conditions or covenants, or if the Pumhaser's obligations are terminated for any reasons permitted
under this Agreement, then neither the Purchaser nor the Seller shall have any further obligations under
this Agreement, except that any expenses incurred shall be borne in accordance with Section 5.
7. This Agreement may be modified or amended by an instrument in writing executed by the parties
hereto.
8. This offer expires on the date, and at the time, set forth on Appendix A.
Respectfully submitted,
Seattle-Northwest Securities Corporation
BY:~s[istant Vice President
Accepted November 4, 2003
City of Port Angeles, WA
By:
APPENDIX A
City of Port Angeles, WA
Water and Wastewater Utility Revenue Bonds, 2003
Description of Bonds
(a) Principal Amount. $4,220,000.
(b) Purchase Price. $4,261,629.65 ($100.986485 per $100), representing an original issue premium of $62,814.05
and an underwriter's discount of $21,184.40.
(c) Denominations. $5,000, or integral multiples thereof.
(d) Form. Fully registered in book-entry form only in the name of Cede & Co., as bond owner and nominee for The
Depository Trust Company.
(e) Interest Payment Dates. May 1 and November 1, commencing May 1, 2004.
(f) Maturity Schedule. Bonds shall mature and bear interest as follows:
Due Interest Prices or Due Interest Prices or
Nov. 1 Amounts Rates Yields CUSIP Nov. 1 Amounts Rates Yields (~USIP
2004 $ 115,000 2.00% 1.21% 733435CA7 2015 $ 150,000 4.00% 4.00% 733435CM1
2005 $ 110,000 2.00% 1.48% 733435CB5 2016 $ 155,000 4,00% 4.10% 733435CN9
2006 $ I15,000 2.00% 1.82% 733435CC3 2023 $ 215,000 5,00% 4.60% 733435CV1
2007 $ 115,000 2.25% 2.19% 733435CD1 2024 $ 225,000 5.00% 4.65% 733435CW9
2008 $ 120,000 2.75% 2.57% 733435CE9 2025 $ 235,000 5.00% 4.70% 733435CX7
2009 $ 120,000 3.00% 2.93% 733435CF6 2026 $ 245,000 5.00% 4.80% 733435CY5
2010 $ 125,000 3.25% 3.25% 733435CG4 2027 $ 260,000 5.00% 4.82% 733435CZ2
2011 $ 130,000 3.50% 3.50% 733435CH2 2028 $ 275,000 5,00% 4.84% 733435DA6
2014 $ 145,000 3.80% 3.90% 733435CL3
$275,000 3.70% Term Bonds due Nov. 1, 2013 to yield 3.70% CUSIP 733435CK5
$330,000 4.20% Term Bonds due Nov. 1, 2018 to yield 4.25% CUSIP 733435CQ2
$360,000 5.00% Term Bonds due Nov. 1, 2020 to yield 4.38% CUSIP 733435CS8
$400,000 5.00% Term Bonds due Nov. 1, 2022 to yield 4.50% CUSIP 733435CU3
(g) Optional Redemption. Bonds maturing in the years 2004 through 2013, inclusive, shall be issued without the
right or option of the City to redeem those Bonds prior to their stated maturity dates. The City reserves the right to
redeem the Bonds maturing on and after November 1, 2014, prior to their stated maturity date at any time on or
after November 1, 2013, as a whole or in part at par plus accrued interest to the date fixed for redemption.
(h) Mandatory Redemption. If not previously redeemed as described above, the Term Bonds will be called for
redemption (in such manner as DTC will determine) at a price of par, plus accrued interest on the date of
redemption, on November I in the years and amounts as follows:
Years Amounts
3.70% Term Bond Due Nov 1. 2013 2012 135,000
2013 140,000
4.20% Term Bond Due Nov 1. 2018 2017 160,000
2018 170,000
5.00% Term Bond Due Nov 1. 2020 2019 175,000
2020 185,000
5.00% Term Bond Due Nov 1. 2022 2021 195,000
:2022 205,000
(i) Rating/Insurance. Assignment to the Bonds of a rating of "A3" by Moody's Investors Service and that such
rating is in full force and effect on ~,nd as of Closing; evidence that the Bonds have been assigned a rating of
"Aaa" by Moody's Investors Service based on the Seller's purchase of a bond insurance policy issued by MBIA '
Insurance Corporation, and evidence of Seller's purchase of such insurance including an opinion of counsel to the
Ihsurance Provider.
(j) Closing Date. With definitive Bonds or a temporary Bond on or about November 18, 2003.
(k) Delivery. It is expected that the Bonds will be available for delivery at the facilities of DTC in New York, New
York, or to the Paying Agent on behalf of DTC by Fast Automated Securities Transfer.
(1) Offer Expires. 11:59 p.m., November 4, 2003.
(m) Bond Counsel. Preston Gates & Ellis LLP.
For Information Purposes Only:
Net Interest Cost: 4.586778 %
Steve Gaidos Consulting, LLC
Municipal Financial Advisory Services
City of Port Angeles
$4,220,000
Water and Wastewater Utility Revenue Bonds, 2003
Pricing Report
November 4, 2003
The City's Water and Wastewater debt has been rated
In September, and Request for Proposals was A-3 by Moody's, a favorable rating for city Water and
distributed to nine different underwriting firms to Wastewater Utility Revenue Bonds. Comparing the
select an underwriter for the bonds. Through a interest rates for bonds rated AAA to those rated A-3
careful review of the proposals, Seattle-Northwest demonstrates the City gains approximately $58,000 in
Securities Corporafon was selected based on economic benefit from the use of insurance, even
experience; underwriting capability and the proposed after the payment of the insurance premium. See
underwriting fee to be charged for the service. US Attactmaent 8. Consequently, the Bonds were sold
Bank Piper Jaffray was muner up among the three with the insurance of MBIA, the firm submitting the
other responses which included D.A. Davidson & Co. lowest premium bid.
and Banc of America Securities, LLC.
Before the selection of underwriters we had
An official statement was prepared for the sale of the scheduled the sale of the Bonds for October 21~t. A
Bonds and a rating was requested from Moody's decision to move the sale was made as a result of the
Investors Set'v/ce. Municipal bond insurance was also timing of the sale of a $2 billion Oregon taxable
sought for the debt service payments for the issue and bond issue on the 20th. Our issue would not have
a surety policy was also sought for the debt service received the attention that it should from sales
reserve reqmrement. Approval for insurance, if people or investors with such a large issue in the local
purchased, would provide the Bonds with the highest regional market competing for funds. Consequently
investment grade rating of "AAA". The finns the decision was made to move the sale to the next
providing insurance for municipal bonds are Ambac, council date to avoid competing with that issue.
FGIC, MBIA and FSA insurance companies.
For the past seven days, Seattle-Northwest Securities
With an AAA rating the City would receive a lower has been in the bond market working to sell the
interest rates for its Bonds than it would on its own City's issue. During that time the Federal Reserve, at
credit rating. If the reduction in rates is enough to its FOMC meeting, made no change in the Fed rates,
produce a debt service savings that offsets the cost of which has had a stabilizing effect on the markets.
the insurance premium paid, there is economic benefit Prior to that meeting interest rates had been moving
to the City and the insurance is acquired for the up on news in the market with the largest increases
Bonds. If there is no economic benefit, the insurance occurring on the news of the likely approval of the
is refused and the Bonds are sold on the City's rating reconstruction funding for Iraq. On However, rates
alone, are comparable to those of 6 months ago and have
remained relatively stable since mid summer.
The reserve requirement for this Bond issue is
$288,750. The premium for the MBIA surety policy On Monday, a pre-pricing conference call was held
for the reserve requirement is 3% of its total value or between the City, Financial Advisor and Seattle-
$9,000. This policy is in place of funding the reserve Northwest to determine the likely interest rates and
requirement from Bond proceeds, which would pricing structure that Seattle-Northwest would use
increase the size of the issue and also increase the during the "order period" or during period in which
annual debt service. The surety will be in place as long investors place their orders for bonds. Interest rates
as the Bonds are outstanding, had risen slightly during the day however, interest
rates and a pricing structure were agreed upon which Results:
all believed would present the City with very attractive The City has obtained a market competitive proposal
market rates for these Bonds. from Seattle-Northwest Securities. The all-inclusive
interest cost (AIC) is 4.649% for the 25-year issue.
A £mal pricing conference call was held at 6:30AM this The AIC includes all costs of issuance in the
morning to confirm the final interest rates that would calculation of the rate. The true interest cost (TIC) is
be presented to the investors. The market tone was 4.883%. Due to the use of discounts and premiums
relatively stable so the interest rates agreed to on on the sale of the Bonds to investors seeking the
Friday were used. The order period commenced at advantages such discounts and premiums provide,
7:00 AM and ran for three hours during which the size of the issue had to be adjusted to produce
investors placed orders for the City's Bonds. After the desired net proceeds to the City for its capital
three hours there were orders for less than half of the projects.
issue an it was evident that market acceptance of the
shorter maturity bonds was good but the middle Recommendation:
maturities and longer maturities needed a slight Steve Gaidos Consulting, LLC recommends the City
adjustment. Term bonds were inserted which had accept the offer of Seattle-Northwest Securities at it's
very little impact on our original structure. At the end November 4, 2003 council meeting. The rate
of the order period 82% of the Bonds were sold to represents a fair and competitive market rate for the
investors. Even though 18% of the Bonds remained bonds at a near historically low point for interest
unsold, Seattle-Northwest agreed to comrmt to rates in general. The City is forttmate to be financing
purchase all of the Bonds at the interest rates as at this time.
adjusted. If in the future, Seattle-Northwest is
unsuccessful in selling the Bonds at those interest rates Attachments:
and yields; they will take a loss on the issue. It is a risk Attactmaent 1: demonstrates the annual debt service
they are comrmtting to take at no risk to the City. of the new Bonds. The schedule also displays the
interest rates. The maturity schedule demonstrates
The committed yields of the City's bonds compare the debt repayment of the City irrespective of the
very favorably to other bond issues recently sold with term bond maturity in 2013.
similar credit characteristics. See Attachment 7.
Attachment 2: presents the semi-annual debt service.
Seattle-Northwest is presenting the City Council its
offer to purchase the Bonds based on the interest rates Attachment 3: presents the sources and uses of funds
and pricing structure at which the Bonds were sold to in the transaction.
the investors. Once accepted by the City Council by
passage of the Bond Ordinance, the sale is completed Attachment 4 demonstrates the total water and
and the interest rates are locked in. Settlement will wastewater utility debt service after the issuance of
take place on or about November 18, at which time these Bonds. These Bonds were structured such that
the City will receive ftmds from the Bond sale. Prior the annual payments each year for these Bonds
to settlement, final legal documents are prepared. The would closely approximated equal annual payments.
Bonds will be printed and Bond Counsel will provide
their legal opinion regarding the validity of the Attachment 5: provides a graph of the key indicators
issuance and the tax exemption of the issue, over the last nine years. This graph deafly
demonstrates the improvement in borrowing markets
Obiectives: over that period. Municipal interest rates have
Our objective for the City's financing was to obtain declined nearly 30% over the past nine years.
competitively priced bond issue in a favorable market
and to minimize the cost to the City in terms of Attachment 6: provides a graph of key market
issuance costs and debt repayment, indicators over the past year. The chart
demonstrates that over the past year rates have
remained relatively constant except for the dip in
early summer of this year.
2
Attachment 7: compares the City's issue to other highest in almost four years and the government smd
comparable issues sold in the past few days and also it plans to borrow record amounts this quarter and
compared to a natonal index of yields (MMD). The next.
index for the week increased approximately .05% for The increase in the Institute for Supply
each maturity during the first 15 years and .03-.04% Management's index of manufacturing activity comes
over the remainder of the maturity range. Given those less than a week after the government said gross
increases, the City's issue compares very favorably to
domesfc product expanded at the fastest pace in
other insured limited tax bond issues that have sold
almost two decades. The U.S. Treasury said it needs
within the last week. There were no utility issues
to borrow a record $117 billion this quarter and $160
which were comparable to the City's bonds.
billion in the next to finance a growing budget deficit.
Attachment 8: Provides proof of the benefit of using "With strong GDP growth and better data we've
municipal bond insurance for the issue. A comparison been seeing, investors are shifting from the Treasury
is made between the yields of an A rated issue and an and bond markets to equities," said Yasutoshi Nagai,
insured Aaa rated issue using the MMD indexes as a a senior economist with Daiwa Securities SMBC Co.
base. The resulting econorrfic benefit to the City is in Tokyo. "That trend will continue until the end of
estimated to be $51,671 after paying the cost of the the year."
insurance. The 4 1/4 percent note due in 2013 fell about 3/32,
or 94 cents per $1,000 face amount, to 99 5/32 at
Financial markets: 8:40 a.m. in Singapore. Its yield rose 1 basis point to
The following comments were made about the bond 4.35 percent. A basis point is 0.01 percentage point.
markets over the few days. The information confirms The 10-year yield may rise to 4.60 percent by the end
the movement in the market and the predicted of November, Nagaisaid.
movement for future rates.
Sales of government debt in the fourth~quarter will
be less than the $126 billion that the Treasury
Bonds slide, dollar surges projected July 28.
Treasurys slip on ISM and construction spending Research firm Wrightson ICAP LLC had forecast the
reports; dollar rises versus yen and euro. Treasury would borrow $145 billion this quarter and
November3,2003: 5:34PMEST $175 billion in the first quarter. The Treasury
NEW YORK (CNN/Money) - Treasury prices were tomorrow will announce the size of its three-, five-
trampled Monday after key data on U.S. and 10-year note sales next week.
manufacturing comfortably beat forecasts, perhaps The ISM's manufacturing index rose to 57 in
bringing closer the day when the Federal Reserve will October from 53.7 in September, its highest since
have to hike interest rates. January 2000. Economists had expected a reading of
Just before 5:30 p.m. ET, the benchmark 10-year note 56 in the factory index, based on the median of 62
forecasts in a Bloomberg News survey. Last week,
slipped 12/32 of a point in price to 99-8/32, yielding the government said third-quarter gross domestic
4.34 percent, up from 4.29 percent late Friday. The 30-
year bond lost 14/32 of a point to 103-2/32, its yield product expanded at a 7.2 percent annual pace.
rising to 5.16 percent from 5.14 percent from late Treasmys Close Lower Following Strong
Friday. Bond yields and prices move in opposite Manufacturing Data
directions. November 03, 2003 4:27 PM
Two-year note prices dipped 3/32 of a point to 99- By Michael Mackenzie
16/32 with a yield of 1.88 percent, while the five-year
note fell 8/32 of a point to 99-5/32 with a yield of Dow Jones Newswires
3.31 percent. NEW YORK -- Treasurys settled lower Monday,
U.S. Treasuries May Fall on Gain in holding a negative tone sparked by the highest
Manufacturing Index, Borrowing Plans reading for a key manufacturing report in nearly four
Nov. 4 (Bloomberg) -- U.S. Treasuries may fall in years.
Asian trading after a manufacturing index rose to the In week that will be capped by the release of the
October employment report, the bond market got off
to a bad start when the Institute for Supply "inventory growth to add to GDP momentum this
Management, a private research group, said its index quarter, wbile businesses will likely build on their
of manufacturing activity moved to 57.0 in October growing spending plans."
from 53.7 in September. It was the highest reading If October's ISM reading were to be maintained for
since January 2000's level of 57.0.
an extended period of time, it would be consistent
The reading was also above economists' expectations with a 5.2% annualized increase in GDP, according
of 56.0; a figure above 50 points to expansion in to the ISM report.
activity. "This is the best report that we have seen in quite
The data sent Treasurys to their lows for the session, some time, in terms of the overall strength of
and after a "minor bounce" late morning, prices manufacturing," said Norbert Ore, who compiles the
remained under pressure for the rest of the session survey. He added, "The picture continues to improve,
amid low trading volmnes, said Jason Franklin, and it appears that manufacturing will finish 2003 on
proprietary trader at Zions First National Bank Capital a very positive note, assuming the recent trend
Markets in Jersey CID', N.J. continues."
He added a "faidy large short base was already David Resler, an economist at Nomura Securities in
established" ahead of this week's data and the Treasury New York, said the ISM report not only signals an
refunding announcement due Wednesday. Mr. improvement in manufacturing, but also tells
Franklin said the base of bearish positons may well financial markets the robust GDP report for the third
keep Treasurys range-bound un61 Friday's payroll quarter was "no aberration."
report provides stronger directional influence for the
Other economic reports Monday included
market, construction spending, which jumped 1.3% in
Economists expect payroll growth of 55,000 for September, led by a 1.4% increase in residential
October, following September's increase of 57,000, building. The overall gain was stronger than the 0.3%
which was the first gain since January. Economists increase expected by the market.
expect the unemployment rate to remain stable at
Meanwhile, the big three auto manufacturers
6.1%. mmounced their October U.S. sales results Monday.
Meanwbile, traders say the Treasury refunding DairnlerChrysler AG's (DCX) Chrysler Group led the
announcement should come in around $60 billion, led way, posting an 11% increase. Ford Motor Co.
by $25 billion three-year notes and around $18 billion reported a 1.9% drop, while General Motors Corp.
in new five- and 10 year notes. (GM) had a 7.2% decline.
At 3:45 p.m. EST, the 10-year Treasury note stood at Ahead of this month's refunding, the Treasury
99 4/32, down 17/32 to yield 4.36%. The 30-year Department said Monday it expects to borrow a
Treasury lost 20/32 to 102 28/32, yieldingS.18%, record net $117 billion in the October-December
The five-year price dropped 11/32 to 99 4/32 yielding quarter. That is down from the $126 billion in net
3.32%, while the three-year dropped 7/32 to 100 borrowing previously anticipated for this quarter.
4/32, yielding 2.32%. The two-year lost 4/32 to 99 The Treasury also said it expects to borrow $160
15/32 at a yield of 1.89%. billion in marketable debt in the January-March
quarter to target a $20 billion cash balance at the end
The overall ISM manufacturing index was lifted by of March.
rising new orders aid production, along with a
reduced pace of job cuts and inventory reductions. It In its weekly bill auctions, Treasury sold $17 billion
also came on the heels of last week's Purchasing three-month bills at a high rate of 0.94% with a bid
Management Association of Chicago index rising to to cover rato of 2.05, and $17 billion six-month bills
55.0 and the 7.2% surge in gross domestic product at a high rate of 1.025%, with a bid to cover ratio of
during the third quarter. 2.27.
The ISM data "showed a pickup in most areas,
indicating a ramp-up in rnanufacturing production in
response to strong demand last quarter," noted Peter
Kretzmer, senior economist at Banc of America
Securities in New York. He said the bank expects Steve Gaidos, Manager
4
Attachment 1
City of Port Angeles
$4,220,000
Water and Wastewater Revenue Bonds, 2003
DEBT SERVICE SCHEDULE
Date Principal Rate Interest Total P+I
11/01/2004 $ 115,000 2.00% $ 169,018.01 $ 284,018.01
11/01/2005 110,000 2.00% 175,095.00 285,095.00
11/01/2006 115,000 2.00% 172,895.00 287,895.00
11/01/2007 115,000 2.25% 170,595.00 285,595.00
11/01/2008 120,000 2.75% 168,007.50 288,007.50
11/01/2009 120,000 3.00% 164,707.50 284,707.50
11/01/2010 125,000 3.25% 161,107.50 286,107.50
11/01/2011 130,000 3.50% 157,045.00 287,045.00
11/01/2012 135,000 3.70% 152,495.00 287,495.00
11/01/2013 140,000 3.70% 147,500.00 287,500.00
11/01/2014 145,000 3.80% 142,320.00 287,320.00
11/01/2015 150,000 4.00% 136,810.00 286,810.00
11/01/2016 155,000 4.00% 130,810.00 285,810.00
11/01/2017 160,000 4.20% 124,610.00 284,610.00
11/01/2018 170,000 4.20% 117,890.00 287,890.00
11/01/2019 175,000 5.00% 110,750.00 285,750.00
11/01/2020 185,000 5.00% 102,000.00 287,000.00
11/01/2021 195,000 5.00% 92,750.00 287,750.00
11/01/2022 205,000 5.00% 83,000.00 288,000.00
11/01/2023 215,000 5.00% 72,750.00 287,750.00
11/01/2024 225,000 5.00% 62,000.00 287,000.00
11/01/2025 235,000 5.00% 50,750.00 285,750.00
11/01/2026 245,000 5.00% 39,000.00 284,000.00
11/01/2027 260,000 5.00% 26,750.00 286,750.00
11/01/2028 275.000 5.00% 13,750.00 288_750.00
Total $ 4,220,000 $2,944,405.51 $ 7,164,405.51
Yield Information
Bond Year Dollars $63,285.72
Average Life 14.997 Years
Average Coupon 4.652559%
Net Interest Cost (NIC) 4.586778%
True Interest Cost ~FIC) 4.488294%
Bond Yield for Arbitrage Purposes 4.428204%
All Inclusive Cost (AIC) 4.649093%
Attachment 2
City of Port Angeles
$4220,000
Water and Wastewater Revenue Bonds, 2003
DEBT SERVICE SCHEDULE
Maturity
Date Principal Rate Interest Total
5/1/2004 $ 80,320.51 $ 80,320.51
11/1/2004 $ 115,000 2.00% 88,697.50 203,697.50
5/I/2005 87,547.50 87,547.50
11/1/2005 110,000 2.00% 87,547.50 197,547.50
5/1/2006 86,447.50 86,447.50
11/1/2006 115,000 2.00% 86,447.50 201,447.50
5/1/2007 85,297.50 85,297.50
11/1/2007 I15,000 2.25% 85,297.50 200,297.50
5/1/2008 84,003.75 84,003.75
11/1/2008 120,000 2.75% 84,003.75 204,003.75
5/1/2009 82,353.75 82,353.75
11/1/2009 120,000 3.00% 82,353.75 202,353.75
5/1/2010 80,553.75 80,553.75
11/1/2010 125,000 3.25% 80,553.75 205,553.75
5/1/2011 78,522.50 78,522.50
11/1/2011 130,000 3.50% 78,522.50 208,522.50
5/1/2012 76,247.50 76,247.50
11/1/2012 135,000 3.70% 76,247.50 211,247.50
5/1/2013 73,750.00 73,750.00
11/1/2013 140,000 3.70% 73,750.00 213,750.00
5/1/2014 71,160.00 71,160.00
11/1/2014 145,000 3.80% 71,160.00 216,160.00
5/1/2015 68,405.00 68,405.00
ii/i/2015 150,000 4.00% 68,405.00 218,405.00
5/1/2016 65,405.00 65,405.00
11/1/2016 155,000 4.00% 65,405.00 220,405.00
5/1/2017 62,305.00 62,305.00
11/1/2017 160,000 4.20% 62,305.00 222,305.00
5/1/2018 58,945.00 58,945.00
11/1/2018 170,000 4.20% 58,945.00 228,945.00
5/1/2019 55,375.00 55,375.00
11/1/2019 175,000 5.00% 55,375.00 230,375.00
5/1/2020 51,000.00 51,000.00
11/1/2020 185,000 5.00% 51,000.00 236,000.00
5/1/2021 46,375.00 46,375.00
11/1/2021 195,000 5.00% 46,375.00 241,375.00
5/1/2022 41,500.00 41,500.00
11/1/2022 205,000 5.00% 41,500.00 246,500.00
5/1/2023 36,375.00 36,375.00
11/1/2023 215,000 5.00% 36,375.00 251,375.00
5/1/2024 31,000.00 31,000.00
11/1/2024 225,000 5.000% 31,000.00 256,000.00
5/1/2025 25,375.00 25,375.00
11/1/2025 235,000 5.0000/0 25,375.00 260,375.00
5/1/2026 19,500.00 19,500.00
11/1/2026 245,000 5.00000/0 19,500.00 264,500.00
5/1/2027 13,375.00 i3,375.00
11/1/2027 260,000 5.0000/0 13,375.00 273,375.00
5/1/2028 6,875.00 6,875.00
11/1/2028 275.000 5.000% 6,875.00 281.875.00
$ 3,135,000 $ 2,944,405.51 $ 7,164,405.51
Attachment 3
City of Port Angeles
Water and Wastewater Revenue Bonds, 2003
$4,220,000
Dated: 11/18/03
Delivery: 11/18/03
SOURCES OF FUNDS
Par Amount of Bonds $ 4,220,000.00
Reoffering Premium 62.814.05
TOTAL SOURCES $ 4,282,814.05
USES OF FUNDS
Total Underwriter's Expense $ 21,184.40
Financial Advisor 8,440.00
Bond Counsel 13,747.50
Rating Agency Fee 6,800.00
POS/Official Statement 7,000.00
Gross Bond Insurance Premium (35.0 bp rounded to nearest $1,000) 25,000.00
Surety (3% rounded to nearest $1,000) 9,000.00
Deposit to Project Construction Fund 4,191,000.00
Rounding Amount 642.15
TOTAL USES $ 4,282,814.05
7
Attachment 4
City of Port Angeles
$4,220,OOO
Water and Wastewater Revenue Bonds, 2003
DEBT SERVICE SCHEDULE
Maturity Annual Annual
Date Principal Rate Interest Total ~ Net New D/S
11/1/2004 $ 115,000 2.00% $ 169,018.01 $ 284,018.01 $ 1,430,287.28 $ 1,714,305.29
11/1/2005 110,000 2.00% 175,095.00 285,095.00 1,527,563.23 1,812,658.23
11/1/2006 115,000 2.00% 172,895.00 287,895.00 1,525,008.67 1,812,903.67
11/1/2007 115,000 2.25% 170,595.00 285,595.00 1,521,853.96 1,807,448.96
11/1/2008 120,000 2.75% 168,007.50 288,007.50 1,383,290.54 1,671,298.04
11/1/2009 120,000 3.00% 164,707.50 284,707.50 1,249,007.32 1,533,714.82
11/1/2010 125,000 3.25% 161,107.50 286,107.50 1,238,917.07 1,525,024.57
11/1/2011 130,000 3.50% 157,045.00 287,045.00 1,233,071.98 1,520,116.98
11/1/2012 135,000 3.70% 152,495.00 287,495.00 1,093,290.09 1,380,785.09
11/1/2013 140,000 3.70% 147,500.00 287,500.00 1,087,142.06 1,374,642.06
11/1/2014 145,000 3.80% 142,320.00 287,320.00 1,078,069.04 1,365,389.04
11/1/2015 1SO,O00 4.00% 136,810.00 286,810.00 1,020,732.06 1,307,542.06
11/1/2016 155,000 4.00% 130,810.00 285,810.00 997,849.99 1,283,659.99
11/1/2017 160,000 4.20% 124,610.00 284,610.00 997,732.91 1,282,342.91
11/1/2018 170,000 4.20% 117,890.00 287,890.00 990,985.32 1,278,875.32
11/1/2019 175,000 5.00% 110,750.00 285,750.00 960,362.54 1,246,112.54
11/1/2020 185,000 5.00% 102,000.00 287,000.00 898,167.64 1,185,167.64
11/1/2021 195,000 5.00% 92,750.00 287,750.00 840,436.52 1,128,186.52
11/1/2022 205,000 5.00% 83,000.00 288,000.00 842,116.82 1,130,116.82
11/1/2023 215,000 5.00% 72,750.00 287,750.00 817,046.26 1,104,796.26
11/1/2024 225,000 5.00% 62,000.00 287,000.00 816,421.92 1,103,421.92
11/1/2025 235,000 5.00% 50,750.00 285,750.00 129,326.82 415,076.82
11/1/2026 245,000 5.00% 39,000.00 284,000.00 284,000.00
11/1/2027 260,000 5.00% 26,750.00 286,750.00 286,750.00
11/1/2028 275.000 5.00% 13.750.00 288.750.00 288.750.00
$ 4,220,000 $2,944,405.51 $ 7,164,405.51 $23,678,680.04 $30,843,085.55
Attachment 5
Yield Indexes
Nine Year Rate Chart
830
BBI
7'.60
~F~BI
?.~o --Treasury
6,60
6.10 -
5.80-
5.10 .
4.60 ·
4.10 ·
3.60.
3.10
Sep-94 Sep-g5 Sep-96 Se~97 Sep-98 Sep-99 Sep.-00 Sep-01 Sep-02
Date
Treasury -- 10 yr Note
RBI -- Revenue Bond Index
BBI -- Bond Buyer Index (GO's)
9
Attachment 6
One Year Rate Chart BBI
m RBI
Treasuht
5.'10
4.85
4.60
4.10
3.85
3.60
3 35
3.10
Oct-02 No¥-02 Dec-02 Jan-03 Feb-03 Mar-03 Apr-03 M~y-03 dun-O3 Jul-03 Aug-03 Sep-03
Date
10
Attachment 7
CITY OF PORT ANGELES
Comparable Sales
N. Mission Glen MUD City of
Iaauer Benton County Spokane Spokane Valley TX MMD Port Angeles
TyI~ LTGO Ref LTGO LTGO UTGO General Obligefion W/S Revenue
Amount $20,885,000 $14,755,000 $9,430,000 $8,680,000 Indexes $4,220,000
Comp/Neg Neg Neg Neg Comp Neg
Rating Aaa/AAA Aaa/AAA Aaa AAA AAA Ins A Aaa Ins
Sale Da~ 10/27/2003 10/27/2003 10/27/2003 10/28/2003 11/3/2003 11/4/2003
BQ No No Yes Yes Yes
YEAR Rate Yield Rate Yield Rate Yield Rate Yield Yield Yield Rate Yield
2004 2.00% 1.17% 2.00% 1.21% 2.00% 1.21% 1.09% 1.22°/o 2.00% 1.21%
2005
2006 2.000/0 1.78°/o 2.000/0 1.83% 2.000/0 1.81% 5.50o/o 1.65°/o 1.78°/o 1.97°/o 2.000/0 1-82°/o
2007
2008 2.500/0 2,53% 2.75% 2.580/0 3.000/0 2.560/0 5.50o/0 2.55% 2.530/0 2.740/0 2.75% 2.57o/0
2009
2010 3.20O/o 3,23% 4.50o/o 3.22°/o 4.00o/0 3.15% 5.25% 3.25% 3.16% 3.43% 3.25% 3.25%
2011
2012 3.70O/o 3.760/0 4.750/0 3.73% 4.00o/0 3.58% 5.25% 3.75% 3.70% 3.97% 3.70% 3.70%
2013
2014 4.00o/o 4.02o/o 5,25% 4.01% 4,00o/o 3.83% 5.25% 4.00% 3.95% 4.22O/o 3,80o/o 3.90%
2015
2016 5.25% 4.22O/o 4.00o/0 4.05% 5.25% 4.20O/o 4,17o/o 4.440/0 4.00% 4.10°/o
2017
2018 4.25% 4.25% 5.25% 4.35% 4,36% 4.63% 4.20% 4,25%
2019
2020 5.00% 4.350/0 5.000/0 4.500/0 4.540/0 4.81% 5.000/0 4.380/0
2021
2022 5.000/0 4.51% 4.70% 4.91% 5.00o/0 4.50%
2023
2024 4.84% 4.97% 5.00% 4.65%
2026 4.75o/o 4.90% 4.89o/0 5.02o/o 5.00O/o 4.80o/o
2027
2028 5.38% 4.80o/0 4.91% 5.040/0 5.00o/0 4.84%
11
Attachment 8
City of Port Angeles
$4,220,000
Water and Wastewater Revenue Bonds, 2003
COMPARISON OF INSURED VS NON INSURED MATURITIES
Maturity. ~ Un-Insured Yield Insure? ~ Br k-E n Pr mi m
11/1/2004 1.588119% 1.219832% No -383.64 0.0078%
11/1/2005 1.669739% 1.539868% No -274.85 0.1095%
11/1/2006 1.949972% 1.939860% No -31.80 0.3227%
11/1/2007 2.291698% 2.329847% Yes 164.59 0.4814%
11/1/2008 2.656227% 2.709831% Yes 284.60 0.5678%
11/1/2009 3.006561% 3.049818% Yes 280.55 0.5484%
11/1/2010 3.319814% 3.399801% Yes 612.94 0.7500%
11/1/2011 3.565310% 3.699788% Yes 1,191.80 1.0672%
11/1/2012 3.761965% 3.939781% Yes 1,791.30 1.3467%
11/1/2013 3.758287% 4.069785% Yes 3,529.61 2.1926%
11/1/2014 3.956974% 4.189787% Yes 2,916.65 1.7703%
11/1/2015 4.055234% 4.299790% Yes 3,389.87 1.8789%
11/1/2016 4.154148% 4.409791% Yes 3,842.10 1.9828%
11/1/2017 &253474% 4.509791% Yes 4,184.56 2.0063%
11/1/2018 4.353097% 4.599792% Yes 4,466.62 1.9565%
11/1/2019 4.592616% 4.689792% Yes 2,005.85 0.9699%
11/1/2020 4.644311% 4.779791% Yes 3,046.35 1.2178%
11/1/2021 4.691593% 4.829794% Yes 3,372.79 1.2387%
11/1/2022 4.767270% 4.879796% Yes 2,955.55 1.0726%
11/1/2023 4.806796% 4.919798% Yes 3,188.47 1.0755%
11/1/2024 4.843865% 4.949801% Yes 3,198.72 1.0292%
11/1/2025 4.878696% 4.969804% Yes 2,934.16 0.9328%
11/1/2026 4.940544% 4.989807% Yes 1,681.14 0.6631%
11/1/2027 4.954402% 4.999810% Yes 1,676.64 0.6379%
11/1/2028 4.967648% 5.009813% Yes 1,646.46 0.6164%
Total $ 51fi71.03
Summa~ Inforrnadon
Total Issue Break Even Bond Insurance Premium 1.06%
Current Bond Insurance Premium 0.35%
Amount Saved by Insurmg $ 51,671.05
12
CITY COUNCIL MEMO
DATE: November 4, 2003
TOt CITY COUNCIL
FROM: Brad Collins, Community Development Director '~/
SUBJECT: DNS #1040 and CUP 03-10 Appeal Findings and Conclusions
ISu At the October, l 8, 2003 Council meeting, the City Council unanimously upheld the
mmarv:
SEPA Responsible Official s Determination of NonSignificance #1040 and the Planning
Commission"s approval of Conditional Use Permit 03 - 10 for development ora duplex on a 5.14 acre
site off Old Mill Road, subject to findings and conclusions in support of the decision. The attached
set of findings and conclusions include those from the record before the Planning Commission on
August 27, 2003, and from the record &the City Council appeal hearing on October 18, 2003.
Recommendation: The Staff recommend that the City Council adopt the attached sets ot
findings and conclusions in denying the appeals of DNS #1040 and CUP 03-10.
Background / Analysis:
See Attached Findings and Conclusions for Appeal of DNS #1040 and Findings and Conclusions
for Appeal of CUP 03-10.
G:~EXCHANGE~ATTORNEYX 110403A.wpd
155
G:WiASTFORM\COUNCIL.WPT
Lasl Revised: 6/29/99
Appeal of DNS #1040 for CUP 03-10 Morrison Duplex
Findings:
1. A SEPA checklist was submitted on June 24, 2003, for the development of one duplex on
a 5.14 acre parcel offOld Mill Road prior to a proposed subdivision of the 5.14 acre site.
2. A DNS #1040 for the duplex conditional use permit proposal and adoption of the existing
DNS #1000 was issued on August 7, 2003.
3. A timely appeal of the SEPA Determination ofNonSignificance DNS #1040 and
Adoption of Existing Environmental Documents (DNS #1000) was filed by Craig Ritchie
as attorney for Lisa Del Guzzi on August 21,2003.
4. On August 27, 2003, the City of Port Angeles Planning Commission approved a
Conditional Use Permit (CUP 03-10) to construct a duplex on the 5.14 acre site located
along Old Mill Road.
5. The proposed design of the duplex is for a 2,336 square foot residential structure with a
two-car garage that is typical of many single family residences in the zone and vicinity.
6. The SEPA appeal was consolidated per WAC 197-11-680(3) and PAMC 15.04.280 and
18.02120 with the underlying action regarding approval of a conditional use permit (CUP
03-10) required for a duplex in the RS-9 Zone.
7. The SEPA appeal was based on the following specific issues:
Issue #1 - "The City's storm drainage system is inadequate as staled in numerous
documents and hearings before the City Council and Planning Commission, and
drainage of the wetland into the current stormwater drainage system during heavy
rainfall is not adequate."
Issue #2 - "Previously the City had designated the area as critical areas, wetland,
and has allowed the developer lo fill in the property, which was a former wetland,
and now apparently claims that because it is filled in it is no longer a wetland...
The objection is that the City has failed to recognize its former decisions that this
area is wetland and is not complying with any of PAMC 15.24."
Issue #3 - "The City's effective approval of this drainage plan creates liability for
the City for approving the development should the inevitable happen and flooding
and drainage occur due to the changed slope of the land... Further, the actions of
the City in August of 2002 apparently approving filling and grading did not take
into consideration the developer's plans."
Issue #4 - The underlying contention by the appel]ant is that area is a wetland and
should not be disturbed.
8. Wet areas exist in the vicinity of the subject site, which was shown to have wetland areas
on an old Clallam County map and a more recent wetlands study map done for the City of
Port Angeles.
9. The City did not make a decision that the subject site was a regulated wetland but had
been working with the property owner on a delineation of wetlands in the area.
1,57
DNS #1040 Appeal Findings & Conclusions
November 4, 2003
Page 2
10. A previous SEPA checklist was reviewed in 2002 for a clearing and grading permit in
preparation for a 13-lot subdivision, access road, and drainage facilities conceptualized at
that time, and a Determination of NonSignificance #1000 was issued on August 12, 2002.
11. A Clearing and Grading Permit was issued on August 13, 2002.
12. In approving the clearing and grading permit, the City reached the decision that the
subject site did not have a regulated wetland per PAMC 15.24.
13. The authorization to fill the unregulated wetland areas on the subject site was made after
review of a valid Clearing, Grading, and Filling Permit application and SEPA checklist
that were submitted in 2002.
14. The information in the 2002 SEPA checklist indicated that the intent of the developer was
to subdivide the land at some time in the future into 13 residential lots, to provide a 500-
foot paved cu-de-sac access road, and to install a drainage system of adequate capacity to
manage stormwater after site development of as many as 13 residential lots.
15. The City Public Works staff approved a drainage plan with the Clearing and Grading
Permit for the subject property to alleviate existing surface water runoff problems not
only on-site but also off-site to the north and east which have received waters from the
site in the past.
16. The SEPA checklist was reviewed by Department of Community Development staff, and
the Clearing, Grading, and Filling permit was reviewed by Public Works and Utilities
Department staff.
17. The review of the proposed storm drainage system was approved by City engineering
staff to be designed such that the recent flooding of the area and nearby homes would be
reduced, thereby affording relief from an ongoing problem.
18. Work on the site commenced in 2002 with the importing of soil and the installation of the
drainage system.
19. Subsequent to the site preparation being done, the applicant submitted a new application
for a conditional use permit to construct a duplex on the single parcel of land prior to
subdividing the property.
20. The 2003 CUP application was accompanied by a new SEPA checklist.
21. The developer's future plans have been included since the earliest conceptual stages and,
therefore, were in fact considered even before CUP application for the duplex.
22. The original DNS #1000 and SEPA documents were reviewed, and a new DNS #1040
and the Adoption of Existing Environmental Documents (the original SEPA checklist and
DNS #1000) were issued on August 7, 2003.
23. Field investigation by City staff and review of existing documents indicated that wetlands
do occur in the vicinity; however, the on-site area in dispute does not rise to the
thresholds set by PAMC 15.24 to be a wetland regulated by the City.
24. The area has been extensively altered over many years and does not contain all three
required indicators of a wetland.
158
DNS # 1040 Appeal Findings & Conclusions
November 4, 2003
Page 3
25. A berm separating the site from a neighboring pond to the west has been in place for
many years as evidenced by an old fence and historical records.
26. While there are stormwater problems found generally througbout the City due to
inadequate storm drainage lines, the storm drainage system on the subject site and in Old
Mill Road is working sufficiently to handle stormwater from the proposed development.
27. As required by SEPA, the applicant's future plans were made clear to City of Port Angeles
staff, and the 2002 proposal for clearing, grading, filling, and drainage was reviewed with
the knowledge that additional residential units would be developed on the site in the
future.
28. Per RCW 43.21C.075, WAC 197-11-680, and PAMC 15.04.280, the determination of the
SEPA Responsible Official shall be given substantial weight.
29. In review of the appellants' appeal issues, the SEPA Responsible Official did not find
sufficient new information or evidence that the DNS should be changed or withdrawn.
Conclusions:
1. The 2002 clearing, grading, filling, and drainage work has been permitted and
completed, the appeal periods have expired for DNS #1000 and for the Clearing and
Grading Permit, and thus the subject appeal issues related to the 2002 permit, DNS, and
work are untimely and moot.
2. Since the wet area on the subject property is primarily a drainage ditch and is below the
size threshold of 10,000 square feet for a Category IV wetland, the area is not a regulated
wetland per State law and City ordinance, and any impacts to the wet area from the
proposed development will be de minimus.
3. The issuance of a CUP for a duplex, and the construction of the duplex, will not have a
probable, significant, adverse environmental impact, based on the following factors:
A. The impervious areas of the proposed duplex are hardly distinguishable from a
similarly designed single family residence typical in this zone and vicinity.
B. The impacts of the proposed duplex are no more adverse than any low density
residential development for which the property can be used, and the scale of the
development would be exempt from SEPA review, except for lhe conditional use
minor land use decision.
C.Findings 1-29 and Conclusions 1-2 above.
G:\EXCHANGE~ATTORNEY~norrisondns.f&c.wpd
159
Appeal of CUP 03-10 Morrison Duplex
Findings:
1. On August 27, 2003, the City of Port Angeles Planning Commission approved a
Conditional Use Permit (CUP 03-10) to construct a duplex on a 5.14 acre site located
along Old Mill Road.
2. The proposed design of the duplex is for a 2,336 square foot residential structure with a
two-car garage that is typical of many single family residences in the zone and vicinity.
3. A timely appeal of the Conditional Use Permit 03-10 was filed by Virginia DelGuzzi
Frizzell and Lisa DelGuzzi on September 10, 2003.
4. The appeal of the conditional use permit is based on the following issues;
Issue #1 - Appellants take exception to the Conditions, Findings and
Conclusions.
Issue #2 - Appellants object to the determination by the Planning Commission
that the conditional use for a multi-family residence in an RS-9 zone is authorized
by the Comprehensive Plan. It is respectfully submitted that the Planning
Commission's theory would authorize multi-family uses of any density in any
zone, and would essentially do away with zoning classifications for residences.
Issue #3 - The appellants object to the authorization to fill areas which have been
traditionally wet and/or covered with water because the Planning Department
and/or Planning Commission knew of the developer's plans in the future and
refused to consider the developer's plans for filling for the purpose of applying for
development purposes in the future, and consequently did not discuss or consider
those issues in the past.
5. The fo]lowing citations from the City of Port Angeles Comprehensive Plan support the
decision to allow a duplex in the RS-9 Zone: (Emphasis added)
Housing Element
Goal A. To improve the variety, quality, availability, and affordability of housing
opportunities in the City of Port Angeles.
Policy 1. The City should expand the residential land use options in the Zoning Code by
classifying residential zones by allowed density rather than by housing types.
Goal B. To participate with Clallam County and other entities in programs to increase
the availability and affordability of public assisted housing and rental units as well as
other affordable housing opportunities.
Policy 6. Adequate low and moderate income housing opportunities should be provided
within the Port Angeles Planning Area.
161
CUP 03-10 Appeal Findings & Conclusions
November 4, 2003
Page 2
Land Use Element
Description of Low Densily Residential designation
The Land Usc Map identifies three separate categories of residential development. The
first is Low Density Residential which allows an overall residential density of a project or
property to range up to 9 units per net acre. The high majority of residentially designated
property in the City will be of this designation, It is intended for the development of
single family homes. It also allows for the development of duplexes and planned
residential developments in accordance with the underlying zoning.
Land Use Map Goal, Policies, and Objective
Goal A To guide current and future development within the City in a manner that
provides certainty to its citizens about future land use and the flexibility
necessary to meet the challenges and opportunities of the future.
Policy I. The Comprehensive Plan Land Use Map should be used as a conceptual
guide for determining current and long range zoning and other land use
decisions. The map's land use designations are intended to show areas
where general land use types are allowed. The area between land use
designations should be considered an imprecise margin in order to provide
flexibility in determining the boundary of such areas. When determining
appropriate zoning designations for an area near a margin, the goals,
policies and objectives of the Land Use Element should take precedence.
Residential Goals and Policies
Goal C. To have a community of viable districts and neighborhoods with a variety
of residential opportunities for personal interaction, fulfillment and
enjoyment, attractive to people of all ages, characteristics and interests.
Policy 1. Residential land should be developed on the district and neighborhood
concept. Although such districts may be composed primarily of residential
uses of a uniform density, a healthy, viable district should be composed of
residential uses of varying densities which may be augmented by
subordinate and compatible uses. Single family and multi-familyhomes,
parks and open-spaces, schools, churches, day care and residential
services, home occupations, and district shopping areas are all legitimate
components of district development and enhancement. A neighborhood
should be primarily composed of low, medium, or high density housing.
162
CUP 03-10 Appeal Findings & Conclusions
November 4, 2003
Page 3
Growth Management Element
Goal A. To manage growth in a responsible manner that is beneficial to the
community as a whole, is sensitive to the rights and needs of individuals
and is consistent with the State of Washington's Growth Management Act.
Policy 1. In all its actions and to the extent consistent with the provisions of this
comprehensive plan, the City shall strive to implement the following goals
of the State Growth Management Act:
a. Urban growth. Encourage development in urban areas where adequate
public facilities and services exist or can be provided in an efficient
manner.
b. Reduce sprawl. Reduce the inappropriate conversion of undeveloped
land into sprawling, low-density development.
d. Housing. Encourage the availability of affordable housing to all economic
segments of the population. Promote a varie _ty of residential densities and
housing t,/pes, and encourage preservation of existing housing stock.
6. No definition of single-family residential, multi-family residential, or duplex exists in the
Comprehensive Plan.
7. The following citations from the City of Port Angeles Zoning Code support the decision
to allow a duplex in the RS-9 Zone: (Emphasis added)
The Zoning Code defines duplex and multi-family residential as follows:
Duplex - a residential building containing two one-family dwelling units within the four
walls of the building.
Dwelling, Multi-family - a building or a portion thereof containing three or more
dwelling units.
There is specific language in the Zoning Code describing requirements for duplexes in
single family residential zones. Port Angeles Municipal Code Section 17.11.040(H)
allows duplexes in the RS-9 Zone. PAMC 17.11.050(C) and Table "A" provide for a
larger minimum lot area of 14,000 square feet for duplexes in the RS-9 Zone and a larger
minimum lot width of 100 feet as well.
PAMC 17.96.050 describes the procedures for review of conditional use permits and the
criteria for denying a conditional use permit related to incompatible, detrimental, or
hazardous conditions. A conditional use permit is defined in PAMC 17.08.020(C).
163
CUP 03-10 Appeal Findings & Conclusions
November 4, 2003
Page 4
8. The Planning Commission has approved a duplex in an RS-9 zoned neighborhood in
many parts of the City but has also limited how many duplexes can be approved within a
block or an area without creating a de facto rezone to multi-family densities.
9. Testimony was provided at the August 27, 2003, public hearing that there were three
approved duplexes in the same zone but some distance from the subject site.
10. During the public hearing on the matter, City staff stated that the development of
additional duplex units on the site in the future would require review ora separate
conditional use permit for each proposed duplex and that it is unlikely that the Planning
Commission would approve any other duplexes on the site without a rezone.
11. Staff also pointed out during the public hearing that duplexes require larger lot sizes than
single family residences.
12. The authorization to fill the above stated areas was made after review of a valid Clearing,
Grading, and Filling Permit application and SEPA checklist were submitted in 2002.
13. The information in the SEPA checklist indicated that the intent of the developer was to
subdivide the land at some time in the future into 13 residential lots, provide a 500-foot
paved cu-de-sac access road, and to install a drainage system of adequate capacity to
dewater the site after development of the 13 residential lots.
14. The SEPA checklist was reviewed by Community- Development staffand the Clearing,
Grading, and Filling permit was reviewed by Public Works and Utilities Department
staff.
15. A Determination of NonSignificance was issued on August 12, 2002, and the Clearing
and Grading Permit was issued on August 13, 2002.
16. Work on the site commenced with the importing of soil and the installation of the
drainage system.
Conclusions:
1. The Planning Commission's findings and conclusions are supported by the evidence in
the record and are hereby upheld and adopted in their entirety.
2. The appellant's general objection to the Planning Commission's conditions, findings, and
conclusions lacks specificity and is rejected.
3. The Comprehensive Plan and Zoning Code allow duplexes to be approved by a
conditional use permit in the RS-9 Zone.
4. The Planning Commission's approval of the CUP does not defeat the purpose of the
Zoning Code by introducing incompatible, detrimental, or hazardous conditions and does
not authorize multi-family uses of any density in any zone by approving a single duplex at
a given location in a particular single family residential zone.
5. The issue of past filling and grading is not relevant to the duplex conditional use permit
approval, since the work was previously permitted and completed (see the findings and
conclusions on the Appeal of DNS//1040 for CUP 03-10).
6. As required by PAMC 17.96.050, CUP 03-10 is consistent with the purpose of the RS-9
164
CUP 03-10 Appeal Findings & Conclusions
November 4, 2003
Page 5
zone and with the Comprehensive Plan, is not contrary to the public use and interest, and
is conditioned to assure the maximum degree of compatibility between uses, based on the
following factors:
A. The impervious areas of the proposed duplex are hardly distinguishable from a
similarly designed single family residence typical in this zone and vicinity.
B. An elevation in scale and like facade to a single family residential structure was
approved by the Planning Commission in its conditional use permit decision.
C. Findings 1-16 and Conclusions 1-5 above.
G:~EXCHANGE~ATTORNEY~norrisoncup.f&c.wpd
165
WASHINGTON, U.S.A.
CITY COUNCIL MEMO
DATE: NOVEMBER 4, 2003
TO: CITY COUNCIL
FROM: BOB COONS, HUMAN RESOURCES MANAGER '~ ~
SUBJECT: LABOR CONTRACT BETWEEN THE CITY AND AFSCME LOCAL #1619
~ The City has reached agreement for a new labor contract with the American
Federation of State, County, and Muncipal Employees, Local #1619 (AFSCME). The contract
period covers January 1,2003 through December 31, 2005. The financial changes to the contract
includes employee paying for a portion of medical premiums, a cost of living increase of 1.62%
for 2003, retroactive to January of this year, and a COLA for 2004 and 2005 equal to 90% of the
Seattle-Bremerton CPI, with a minimum of 2% and a maximum of 4%. This agreement has been
ratified by the Union.
Recommendation: Staff recommends that the City Council approve and authorize the
Mayor to sign the labor contract between the City and AFSCME covering the period ot
January 1, 2003 - December 31, 2005, including retroactive wages for 2003.
Background / Anah, sis: The labor contract with AFSCME expired December 31, 2002. The
City and the Union have been in negotiations during this past year and the parties recently
reached agreement using the services of a State mediator for a new labor contract. The proposed
contract is attached for the City Council's consideration. Added contract language is underlined
and portions deleted are noted as strikeouts.
This Union represents about 85 employees (70 full time and 15 part time) in the City, including
Office and Technical employees in City Hall, Field and Maintenance workers in the Public
Works & Utilities Department, and Parks & Recreation employees. The 2002 wages and benefits
for this bargaining unit represent $4,536,782.
167
G:kMASTFORM\COUNC1L.WPT
Last Revised: 6/29/99
The financial terms of the new labor contract include:
1. A Cost of Living Adjustment (COLA) of 1.62% for 2003, retroactive to January of this
year. The value of this pay increase is $64,500. The COLA's for 2004 and 2005 are
equal to 90% of the August Seattle-Bremerton Consumer Price Index, (CPI), W-Index,
with a minimum of 2% and a maximum of 4%.
2. Employee will begin paying a portion of their medical insurance premiums. This is the
first year employees have paid any portion of health coverage. Effective November 2003,
employees will pay 3% of the total premium, increasing to 7% January 2004, and to 12%
effective January 2005. The savings to the City for 2004 is about $35,000 for this unit.
Attached is a spreadsheet indicating the amount of medical premium and the
contributions paid by employees.
3. The City has agreed to conduct a wage survey for t~ee technical classes in the Finance
Department, including computer support positions, Accountant, and Accounting
Technicians. Any adjustments resulting from the wage survey would be effective January
2004.
4. The City added Martin Luther King Holiday to the list of recognized paid holidays. City
facilities have generally been closed for this holiday, but it was not listed as an official
holiday in the labor contracts. This brings the number of paid holidays to 12 per year.
In addition to the above changes, there are a number of contract language modifications that do
not have a financial impact. These are noted by underlining or strikeouts in the draft attached.
The changes include modifications to the labor management committee, notice of work rules,
transfers, layoff language, and the grievance procedure.
Fiscal Impact: The Wage Base for this unit (excluding fringe benefits) for 2002 is $3,981,411.
The cost of the COLA's covered by this contract are estimated as follows:
· 2003 =$64,500 (1.62%)
· 2004=$80,918 (2.0%)
· 2005 = $82,537 (2.0%)
The above costs will be offset by employee's contributions to their medical insurance premiums.
The employees cost sharing of medical premiums for 2004, for this bargaining unit, is about
$48,O00.
Staff recommends 1hat the City Council approve the labor contract between the City and
AFSCME, Local #t619.
Attachment: 2003-2005 Labor Contract
Cc: Mike Quinn, City Manager
James Trefry, AFSCME Staff Representative
Becky Horton, Union President
168
G:~M ASTFO RM \COUN C FL.x3~PT
Last Revised: 6/29/99
EMPLOYEE COST-SHARE MEDICAL PREMIUMS
2003 - 2005 MONTHLY PREMIUMS
10/7/2003
Medical Plan B rates 2003 2004 2005
Employee only $249.50 $319.40 $383.28
Employee + spouse $499.00 $638.80 $766.56
Employee + 1 child $365.30 $467.65 $561.18
Employee + 2 children $465.30 $595.65 $714.78
Employee + spouse + 1 child $614.80 $779.05 $934.86
Full family $714.80 $907.05 $1,088.46
Possible employee contributions per month
30/0 7o/0 12%
Employee only $7.49 $22.36 $45.99
Employee + spouse $14.97 $44.72 $91.99
Employee + 1 child $10.96 $32.74 $67.34
Employee + 2 children $13.96 $41.70 $85.77
Employee + spouse + 1 child $18.44 $54.53 $112.18
Full family $21.44 $63.49 $13Q62
FLEX-PLAN INFORMATION 7% employee approximate net savings
2004 rates with copay premium annual pre-tax to employee
Examples: per year savinqs 20% per month
Employee + spouse ' $53659 $107.32 $8.94
Full family $761.92 $152.38 $12.70
o
NOTE' Rates reflect A WC increase of 28% for 2004 and estimated 20% for 2005
169
DRAFT
AGREEMENT BETWEEN
THE CITY OF PORT ANGELES
AND
AFSCME LOCAL #1619
January 1,2003 - December 31, 2005
171
AFSCME LOCAL #1619
COLLECTIVE BARGAINING AGREEMENT
TABLE OF CONTENTS
PAGE
ARTICLE I - GENERAL PROVISIONS
Section A - Entire Agreement 1
Section B - Acknowledgments 1
Section C - Recognition 1
Section D - Savings Clause 2
Section E - Non-Discrimination 2
ARTICLE II - RIGHTS OF PARTIES
Section A - Management Rights 3
Section B - Employee Rights 3
Section C - Union Security 4
Section D - Labor-Management Committee 4
Section E - Negotiating Committee 4-5
Section F - Payroll Deductions 5
Section G - Notice of Work Rule Changes 5
Section H - Personnel Records 5
Section I -Vacancies 5-6
Section J - Hiring and Transfers 6-7
Section K - Disciplinary Procedures 7
Section L - Union Presence During Orientation of New Employees 8
Section M - Community Service Workers 8
ARTICLE I1~ - WORKING CONDITIONS
Section A - Hours of Work and Work Days 9
Section B - Meal Periods and Rest Periods 9
Section C - Shift Changes 9
Section D - Work Stoppages 10
Section E - Layoff Procedures 10-12
Section F - Performance Evaluations 12-13
ARTICLE IV- COMPENSATION
Section A - Wages 14
Section B - Longevity Pay 14
Section C - Night Shift Premium Pay 14
Section D - Overtime Compensation 14-15
Section E - Call-Back Pay 15
Section F - On-Call Pay 15
Section G - Compensatory Time 15
Section H - Temporary Assignments 15
Section I - Higher Class Pay 16
Section J - Certifications 16
Section K - Tuition Reimbursement 16
Section L- Benefits for Temporary Employees 16-17
ARTICLE V - PAID LEAVE TIME
Section A - Vacation 18
Sect!on B - Sick Leave 18-19
172
Section C - Holidays 20
ARTICLE VI - HEALTH AND WELFARE BENEFITS
Section A- Health Benefits 21
Section B - Term Life Insurance 21
Section C D-- Deferred Compensation 21
Section D F= - IRS 125 Account 21
ARTICLE VII - GRIEVANCE PROCEDURE 22-24
ARTICLE VIII - DURATION OF AGREEMENT 25
173
ARTICLE I - GENERAL PROVISIONS
Section A - Entire Aqreement
The Agreement expressed herein in writing constitutes the entire Agreement between the
parties, and no oral statement shall add to or supersede any of its provisions.
Section B - Acknowled.qments
The parties acknowledge that each has had the unlimited right and opportunity to make
demands and proposals with respect to any matter deemed a proper subject for collective
bargaining. The results of the exercise of that right are set forth in this Agreement, Therefore,
except as otherwise provided in this Agreement, each voluntarily and unqualifiedly agrees to
waive the right to oblige the other party to bargain with respect to any subject or matter not
specifically referred to or covered in this Agreement.
Section C - Reco.cjnition
The City agrees to recognize the Union as the sole collective bargaining agent for all regular
full-time, regular part-time, and temporary employees who work at least 1/6th time, and
excludes work study and college intern programs, except employees of the Police and Fire
Departments, Equipment Services Division, and the employees excluded pursuant to RCW
41.56.122 and 41.56.030.
Position Types Defined. A description of types of positions employed with the bargaining unit
of this Agreement are defined as follows:
1. Regular Employee - a person employed by the City in a capacity which is on-going and
for which no specific termination point has been established and who has successfully
completed his/her six (6) months' probationary period.
2. Regular Part Time Employment is defined as a posit[on with work assignments that are
on a continuous and re-occurring basis that is limited to less than full time and is
budgeted annually as a regular pad time position. These positions may be half time,
three-quarters, or other portions of a year and are eligible to accrue pro-rated benefits.
The threshold for pro-rated benefits is regularly working at least 70 hours or more per
month during the calendar year. If the regular pad time position is one-half time or
greater, the position is afforded medical, denta), and vision benefits the same as a
regular full time employee
3. 'femporary Employment is defined as a position that is used in a full time or pad time
status to cover a specific need for a defined period of time, such as a leave of absence,
injury, illness, or a similar situation which replaces a regular employee.
4. Seasonal Employment is defined as a position that works from March through October,
either full time or part time and is laid off upon closure of the season. Seasonal
employment may run for the length of the employment season as defined in this section.
']'he pay range shall be Range 6, Step 1 of the salary schedule. Seasonal employees
shall not be placed on standby, called out, or work ovedime unless regular part time or
]74
full time employees within the division are offered the work and decline or are not
available for these assignments.
5. Probationary Employee - an employee working a test period of six (6) months during
which he/she is required to demonstrate his/her abilities to perform the duties of the
position to which he/she is appointed by actual performance of these duties. Newly-
hired probationary employees may be discharged without cause during this period,
without recourse to the grievance procedure, Article VII. Probationary periods shall
apply to employees promoted to a new classification in accordance with Article II,
Section J. Both regular and temporary employees may be employed on a full-time or
pad-time basis.
Summer youth employees hired during the summer youth employment program will not be
eligible for or considered for promotional opportunities.
Section D - Savings Clause
It is the intent of the parties to this Agreement to comply with all applicable laws and believe that
all podions of this Agreement are lawful. All of this Agreement shall be complied with unless
any such provision shall be declared invalid or inoperative by a court of final jurisdiction. In such
event, either pady may request renegotiation of the provision(s) declared invalfd. The
unaffected portions of the Agreement shall remain in full force and effect for the duration of the
Agreement. However, any new provisions shall have no effect on the remaining provisions of
this Agreement.
Section E - Non-Discrimination
The City and the Union agree that they will not discriminate against any employee by reason of
race, creed, age, color, sex, national origin, religion, handicapped status, marital status, or
membership or non-membership in the Union.
Wherever notations are used in the masculine gender, they are intended to apply equally to
either gender.
175
2
ARTICLE II - RIGHTS OF PARTIES
Section A - Management Ri,qhts
The City and its management representative shall retain all customary rights, powers, functions,
and authority normally reserved by management consistent with State law, local ordinance, and
Department rules and regulations, and shall include but not be limited to the following:
1. Determine the mission of the City and respective Departments, Commissions, and
Boards.
2. Set standards of service and performance standards, establish Department policy/
procedures, work rules/regulations, safety procedures, and ~ersonnel policies and
procedures.
3. Select, increase, diminish or change equipment, vehicles, machinery, etc., including the
introduction of any and all new, improved or automated methods or equipment.
4. Assign work and establish work schedules.
5. Engage in all types of personnel transactions and disciplinary proceedings in
accordance with established ordinances and rules, and Department Policies and
Procedures.
6. Effect a reduction in authorized positions because of a lack of work, fiscal ]imitations,
organ[Tational changes, or other legitimate reason.
7. Determine the number and classification of personnel
8. Take any action necessary to carry out its mission in an emergency.
Section B - Employee Ri,qhts
The Rights of Management may be limited and/or restricted by provisions of this labor
Agreement, Federat [aw, State law, or an appropriate judicial authority.
All changes, modifications, or additions to written City policies, work rules, or regulations
shall be posted for a minimum of thirty (30) calendar days.
2. All written City policies, work rules, or regulations will be uniformly applied.
3. Employees shall have the right to padicipate in opportunities for career development
through such avenues as orientations, training seminars, and related activities.
Additionally, continuing education for a~l employees is encouraged.
4. No undisclosed audio or video recordings shall be made of any employee on the job
covered by this contract without the written consent of the employee, except in criminal
investigation matters involving law enforcement agencies.
5. No employee will be required by the City to submit to a polygraph test or personality test
as a condition of continued employment.
176
3
Section C - Union Security
it shall be a condition of employment that all present employees of the City covered by this
Agreement who are members of the Union, or choose to become members, in good standing on
or after the effective date of this Agreement, shall remain members in good standing. It shall
also be a condition of employment that all employees covered by this Agreement who are hired
on or after the effective date of this Agreement, shall remain members in good standing. It shall
also be a condition of employment that all employees covered by this Agreement who are hired
on or after its effective date shall, on the first pay period after submittal of dues authorization to
Payroll, become and remain members in good standing in the Union. For the purposes of this
Section, the execution date of this Agreement shall be considered as its effective date.
The City agrees not to keep in its employ in the classification listed herein anyone whose
membership in the Union has been terminated because of failure to tender periodic dues or
initiation fees uniformly required as a condition of acquiring or retaining membership in the
Union.
All new employees failing or refusing to secure membership in the Union shall, as herein-above
provided, upon written demand of the Union, be released from the employ of the City.
If an employee objects to joining the Union, based on bona fide religious tenets, the employee
shall pay an amount of money equivalent to initiation fees and Union dues to a non-religious
charitable organization mutually agreed upon by the employee and the Union. The employee
shall furnish written proof to the Union that such payment has been made. If the employee and
the Union do not reach agreement on the organization, the Public Employment Relations
Commission shall designate the charitable organization.
It is understood and agreed that this clause on "Recognition" does not require the City to violate
any Federal or State law against discrimination in the hiring and firing of personnel and the
Union agrees to indemnify the City for any loss the City may suffer from a charge of
discrimination in carrying out its obligations under this clause.
Section D - Labor/Management Committee
In the interest of mutual trust and open communication between the parties and to improve
employee/employer relations, the padies agree to establish a Labor/Management Committee to
meet .on a quaderly basis as a minimum or as needed upon the request of either party. 3t t, .....
as '~' '~''~' ....... '~ ..... Prior to meeting, each party will submit an agenda of items to be
discussed.
Each party shall have the right to select a reasonable number of members for the Labor/
Management Committee.
Attendance by any employee is permitted as long as staffing needs are adequately met and with
advanced approval of the Supervisor.
Section E - Ne.qotiatinq Committee
The Union Negotiating Committee shall consist of four (4) employees, chosen by its members,
who are regularly employed by the City, and the designated representative of the Union's
Council ¢/2.
177
Section F - Payroll Deductions
1. Deductions: It is agreed that the City shall permit payroll deductions for Union dues or
other memberships, propedy requested through payroll deduction authorization
procedures established by the City, on a bi-weekly or monthly basis. Additional requests
are subject to any data processing limitations for space.
Remittance of the aggregate amount of all such Union-related deductions made from
employees' salaries shall be made to the Union within procedures established by the
City, normally within one week after the City pay day.
2. Indemnification Clause: The Union agrees to indemnify and hold the City harmless from
any errors or omissions which may arise as a result of the application of this provision.
Such errors or omissions will be corrected for the next payroll period in which such
withholdings occur.
Section G - Notice of Work Rule Changes
The City agrees to notify the Union in writing of any changes to work rules/regulations at least
ten (!0) twenty (20~ working days prior to implementation. At the request of the Union during
this time period, the City agrees to discuss the proposed changes to such work
rules/regulations, prior to implementation.
Section H - Personnel Records
The City and the Union recognize that the employees' official personnel file relative to any
personnel actions (i.e., promotion, disciplinary actions, performance evaluations, pay status,
etc.) shall be kept and maintained in the Human Resources Office. Departments may keep and
maintain employee personnel files but such information in the Department files shall not be used
relative to taking personnel actions.
Any employee may review his personnel file in the Human Resources Office or within the
Department upon request, with reasonable notice, and may have a copy of any information
contained in the file(s).
Whenever a Depadment Head places information concerning the employee in the official
personnel file, a copy will be provided to the employee. If such information is the result of
disciplinary action or an unsatisfactory performance evaluation, the employee may submit a
rebuttal which shall be made pad of the employee's personnel fife. Such a response, however,
by the employee shall be within thirty (30) calendar days of receipt of the disciplinary action or
performance evaluation and be of reasonable length.
Section I - Vacancies
1. All vacant positions shall be posted internally for twelve (12) working days. Work days
shall mean Monday through Friday. Job postings shall indicate the deadline to file
applications with the Human Resources Office. The posting will state that no
applications will be accepted after the closing deadline, however applicants may submit
letters of reference, resumes, or other relevant job-related information to accompany
their application after the closing date. The job description shall be attached to the job
postings for information relative to the assigned duties and qualifications.
5
178
2. All job postings shall be posted on a suitable bulletin board in each City department
having employees covered by this agreement. These bulletin boards shall also have a
place for official Union business.
3. Seasonal/temporary employees represented by the Union will be considered internal
applicants for entry level positions if they are currently working or for a one year period
following their date of separation.
4. When a regular position is no longer required, the City will notice the Union that the
position is being abolished or if the position is not being filled for a period of time. The
Human Resources Office will provide written notice to the Union President of this action.
5. Individuals who worked as temporary/seasonal employees for the City, in classifications
represented by Local #1619, shall be eligible to compete as internal applicants for
vacancies. Temporary/seasonal employee's eligibility as internal applicants shall be
limited to 12 months from their last date of employment with the City. Any
temporary/seasonal employee discharged or who has an unsatisfactory exit
performance eva~uation sha~l not be e~igible for rehire or compete as an internal
applicant.
Section J - Hirinq and Transfers
Entry Level Position: In the event of a vacancy in an entry level position, the City shall give
consideration to qualified internal applicants. The City will post internally before external
recruitment to evaluate current employees' qualifications. After review of the internal
candidates, based on their experience, qualifications, and work performance, the City will
determine if public recruitment is necessary or to hire from within the internal candidates. In
the event the City decides to post the job to the public, the City will first ~ notify the Union
President prior to the public recruitment. Any changes in the qualifications for a position
covered under this contract will require the City to notify the Union prior to posting a recruiting
notice,
Promotional Positions: Promotional positions are those listed as an addendum to the contract.
These classifications will be filled from within the existing regular full time or regular part time
employees as long as the employees have a satisfactory performance rating and meet or
exceed the qualifications for the classifications.
An employee promoted into a higher classification will be required to serve a six-month
probationary period to demonstrate their ability to perform the duties and responsibilities of the
higher class. In the event the employee fails to complete the probationary period, excluding
termination for cause, the employee shall be placed back into the position held prior to the
promotion at the same salary step the employee received before the promotion.
The Union recognizes that failure to complete the probationary period may result in a layoff or
termination of an employee to accommodate the return of the promoted employee to their
former position.
In evaluating the qualifications of internal candidates for promotions, the City will consider the
following criteria and use education, training, and experience within and outside City
employment:
6
179
1. Work related experience and abilities.
2. Education and training related to the position.
3. Work performance as indicated in performance evaluations.
4. Supervisory experience, if applicable.
Transfers: For purposes of this Agreement, a transfer is when an employee in a position in one
classification transfers to another position in the same classification.
in the event an employee is interested in a transfer, the employee shall submit a transfer
request to the affected Depadment Head(s). If the employee meets the qualifications for the
position in question, and the affected Depadment Head(s} agree to the transfer, a Personnel
Action Form will be processed to initiate the action. The transferred employee shall remain at
the salary range and step held prior to the transfer, without adjustment of the anniversary date
for the employee's step increase.
An employee transferring to another position within the same classification will not be required
to serve a probationary period. An employee shall have the riht to reveal back to his/her
previous position for a period of thrity (30) calendar days, or prior to the postin.q of his/her
previous position.
Section K - Disciplina~, Procedures.
1. Ali discipline for employees covered under this Agreement shall be for just cause.
2. In the event of discipline (excluding verbal and written reprimand}, the employee's
supervisor will provide the employee with written notice of such discipline, including
specific violations, prior to the imposition of disciplinary action, unless immediate action
is warranted.
3. An employee disciplined, other than verbal, has the right to have a meeting with his/her
Department Head to address the facts of the incident. Such a meeting must be
requested by the employee within five (5) working days after having knowledge of the
discipline imposed by the employee's supervisor. The meeting is to provide the
employee with the opportunity to present his/her side of the matter. The Department
Head, after the meeting, shall either affirm, modify, or cancel the disciplinary action. In
instances of written reprimands, the employee may appeal such actions to the City
Manager.
4. The employee is entitled to representation at all stages of the disciplinary process,
including the meeting with the Department Head.
4. Verbal or written reprimands are not appealable to the grievance procedure. Howevdr, if
a written reprimand is placed in the employees personnel file, the employee may submit
a written reply for placement in the personnel file. At the request of the employee,
written reprimands, other than personal liability issues (i.e., accident repods), or more
severe forms of disciplinary actions will be pulled from the personnel file after eighteen
(18) months if there is not a recurrence of any disciplinary action.
7
180
Section L - Union Presence Durin,q Orientation of New Employees
A union representative will be allowed adequate opportunity to address new employees during
the Human Resources Office orientation process. The Human Resources Office shali provide a
list of all new employees, their classification, and hire date to the local union president on a
monthly basis.
Section M - Community Service Workers
The union agrees that the City has the right to use Community Service Workers. The City will
limit the number of Community Service Workers assigned to each employee from 1-5,
depending upon the type of work and size of the work project. Prior to employees being
assigned a Community Service Worker(s), employees will receive training on their
responsibilities, what to do in the event of a problem, and the name of someone to call in their
department if assistance is needed.
Community Service Workers will be assigned a variety of menial work, including but not limited
to vegetation control (manual, walk-behind mower, or weed-eater); litter control; washing
vehicles; painting and cleaning of buildings/grounds. Community Service Workers will not
operate City vehicles.
The City agrees that Community Service Workers will not displace City employees.
8
181
ARTICLE III - WORKING CONDITIONS
Section A - Hours of Work and Work Days
For employees covered by this Agreement, the normal hours of work shall consist of:
Work Week - The normal work week for regular full-time employees shall be 40 working hours,
consisting of five (5) consecutive days on duty and two (2) days off, except where employees
are working a 10 - 4 work schedule. Other alternative work schedules may be established by
mutual agreement. Regular pad-time employees shall work hours as assigned and the
individual work week may vary.
Work Day - The normal work day consists of eight (8) consecutive working hours in a twenty-
four (24) hour period. The work shift shall be determined by the City.
Section B - Meal Periods and Rest Periods
An employee will not be required to work more than four (4) consecutive hours without a meal
break. The supervisor shall determine the time for such a meal period, which shall be non-paid
time and shall be for thirty (30) minutes in length. During an overtime assignment in which the
employee is entitled to a meal period as defined above, the City will pay the cost of the mea~s
based on City policy (IRS rates). Meal time shall be as follows: breakfast, 3:00 am to 9:00 am;
lunch 9:00 am to 3:00 pm; and dinner 3:00 pm to 3:00 am.
An employee is responsible for his/her own meal if overtime is scheduled four or more hours in
advance of the overtime shift.
In the event an employee working overtime will complete the work within a reasonable period of
time after the six (6) hours qualifying for a meal period, in the judgment of the supervisor, the
project may be completed without the meal break and the employee will be entitled to the cash
payment for the meal, based upon the above meal rates.
Employees working 8-hour shifts shall be entitled to two (2) 15-minute rest periods; one during
the first half of the 8-hour shift, and one during the second half of an 8-hour shift. Break times
are scheduled by the supervisor per departmentJdivision needs as to not interfere with City
business and such breaks or meal periods shall not be accrued for use at a later time. The
morning and afternoon breaks shall be taken in the field at the crew's current work site, unless
the type of work being performed is not compatible due to efficiency, safety or other legitimate
reasons with a break in the field. The supervisor shall, at the beginning of the day when
assigning the work, determine if it is appropriate for the crew to take their morning and/or
afternoon break in a location other than at the job site.
Section C - Shift Changes
1. The City may, at its discretion, change an employee's work shift. In the event of a shift
change, the City shall provide a minimum of ten (10) calendar days advance notice to
the employees affected. However, such advance notice is not required in an emergency
situation, as declared by the Department Head. An emergency is defined as an
unanticipated event or occurrence.
2. The City shall not pay ovedime to employees resulting from a scheduled shift change,
unless the hours worked are in excess of those identified in Adicle IV, Section D.
18s
Section D - Work Stoppages
1. The City and the Union agree that the public interest requires the efficient and
uninterrupted performance of all City services, and to this end, pledge their best efforts
to avoid or eliminate any conduct contrary to this objective. During the life of the
Agreement, the Union, its officials and representatives, shall not cause or condone any
work stoppage, strike, slowdown or other interference with City functions by employees
under this Agreement, and should same occur, the Union agrees to take appropriate
steps to end such interference. Employees shall not cause or engage in any work
stoppage, strike, slowdown or other interference with City functions for the term of this
Agreement. Any work stoppage, strike, slowdown or other interference with City
functions by employees under this Agreement shall constitute just cause for discharge or
other disciplinary action, in accordance with Adicle II, Section A, Management Rights.
All wages and benefits of those engaging in the work stoppage shall terminate
immediately upon the start of any work stoppage or interference.
2. Unauthorized Stoppaqes. In the event, however, that there is a work stoppage or any
other interference with City functions which is not authorized by the Union, the City
agrees that there shall be no liability on the part of the Union, its officers or
representatives, provided that in the event of such unauthorized action they first meet
the following conditions:
a. Within not more than twenty-four (24) hours after the occurrence of any such
unauthorized action, the Union shall publicly disavow the same by posting a
notice on the bulletin boards available, stating that such action is unauthorized by
the Union;
b. The Union, its officers and representatives shall promptly order its members to
return to work;
c. The Union, its officers and representatives, will, in good faith, use every
reasonable effort to terminate such unauthorized action.
3. No Lockout. The employer agrees not to lock out employees during the term of this
Agreement.
4. Primary Picket Line. Employees who refuse to cross a local, primary picket line, as
recognized by the Union, shall not constitute a violation of this Agreement and sha[l not
be cause for discharge or disciplinary action, provided such action by an employee shall
be taken without pay if re-assignment is not feasible. If the Union or employees refuse
to cross a primary picket line, the Union will provide notice immediately to the City so
arrangements may be made to provide continued public services.
Section E - Layoff Procedures
in the event that a reduction in the workforce occurs .... .... ¢ ~om,,~- ............ ....... sa~ b~waee due to ef
a shodage of work, budqetary reasons, a reduction in budcleted work hours from full-time to
part-time for a re.qular full-time position, a reorganization resultinq in reduced staffinq levels, e¢
.~ ......... , ................................. ~ ........ ~ ........... , or other
reasons of business or or.qanizational necessity ~o~'~" ~',,,~ .... ~ .... ' .... ,~,~,,,,,~,,+'~'~ '"~'~'~'-,,,,.,, do not
refqoct d .... e .......... ' , layoff shall be in accordance with the following:
Procedure for Layoff. The City shall determine which ""'~'~""*~w,,,v,, classifications and the
number of positions which will be affected.
The City shall provide ~ employees subject to lay-off with a minimum of thirty (30)
calendar days written notice of the lay-off. The layoff letter shall advise ~ the employee
of the effective date and his/her recall rights. '~'-~ an "'~'~ ...... ~ ",-,,,*'~,'~ ...... ~
~,,~v,'~""'"* ~.. ''" vv,.~,v,.~,,~'~ .... *'",~. Any correspondence between the employee and the City
shall be throuqh the Human Resources Office.
Any regular full-time City employee who is laid off shall have his/her name placed on a
recall list for the classification which he/she was laid off from, and for any lower
classification in which the employee is qualified and has more seniority than another
employee on the list. If the employee has never held status in that classification, he/she
will serve a probationary period. The employee's name shall remain on the recall list(s)
for a period of twenty-four (24) months from date of layoff. It shall be the responsibility of
each person on the layoff list(s) to keep the City informed of his/her current address and
telephone number. Persons shall be recalled in the inverse order of layoff. The City
shall have the right to remove any name from a layoff list if no response is received from
a person on such list within fourteen (14) calendar days after the City has mailed a
certified letter (return receipt requested) to the person's last known address.
2. Order of Layoff. The City shall first attempt to achieve the required reduction of the
workforce through nerma! attrition. If this is not possible, then:
a. Layoff shall be by classification within a depadment. Prior to a regular full-time
employee being displaced within a depadment in the affected classification, any
volunteer (workin.q without compensation in a recoqnized classification),
temporary, part-lime, seasonal or outside person (federal, state, or county) shall
be laid off first within the affected department, in the Parks Depadment, this
includes summer youth employment employees ....... I.
b. The least senior regular full-time employee in an affected classification shall be
subject to layoff, so defined in subsection 4 of this subsection. The employee
subject to layoff shall have the right to bump a less senior employee in a lower or
lateral classification for only those positions in which the employee meets the
minimum educational and technical skill qualifications for the position as indicated in
the job description and has experience in the lower and/or similar classification
sufficient such that technical on or off the job-site training, other than orientation,
shall not be required and assumption of the position shall not result in a loss of
productivity or interruption of work. Lateral transfers in lieu of layoffs shall not be
subject to an additional six-month probationary period.
c. Time served in a different classification: An employee may have had a title chanqe
or been involved in a reclass or consolidation of classes durinq his employment with
the City. For purposes of layoff, classification seniority will include time served in
another class within the same occupational area and be added to his/her time in
his/her present classification. Example: Equipment Operator I-II was abolished and
consolidated into the Maintenance Worker II class. Time as a Equipment Operator
will be added to time as a Maintenance Worker.
d. In the event of a layoff, the City shall identify the position)s/scheduled for layoff and
then meet with the Union to review the seniority for the affected employees,
3. Recall Rights: Any regular full time employee who is laid off shall have his/her name
placed on a recall list for the classification which he/she was laid off from, and for any
lower classification in which the employee is qualified and has more seniority than
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11
another employee on the list. if the employee has never held status in that classification,
he/she will serve a probationary period. The employees name shall remain on the recall
list(s) for a period of twenty-four (24) months from the date of layoff. It shall be the
responsibility of each person on the layoff list(s) to keep the City informed of his/her
current address and telephone number. Persons shall be recalled in the inverse order of
layoff. The City shall have the right to remove any name form a layoff list if no response
is received from a person on such list within fourteen (14) calendar days after the City
has mailed a cedified letter (return receipt requested) to the person's last known
address.
4. Service Time - Layoff: Employees who separated from City employment because of
budgetary reasons and returned to City employment within twenty-four (24) months, in
accordance with the Layoff Procedures, shall be entitled to count the length of time of
their prior City service for purposes of accrual of vacation, sick leave, and longevity pay.
5. Seniority.
a. pefinition: Seniority shall commence from the most recent date of regular full-
time or regular part-time employment with the City. Seniority shall not apply until
an employee has completed the applicable probationary period. A break in
seniority shall be defined as a break in service greater than thirty (30) working
days while the employee is on non-paid status. Upon the completion of the
probationary period, the employee shall be credited with seniority, vacation and
sick leave accrual, from the adjusted date of hire. Time worked as a temporary
or project employee shall be considered as equal to regular employment,
provided there is no break in service. Seniority shall be computed upon the
adjusted hire date.
b. Seniority status shall terminate upon the following: discharge, resignation,
retirement, failure to return from an approved leave of absence, layoff of more
than twenty-four (24) consecutive months, or, if recalled from layoff, within
fourteen (14) calendar days from notice of recall from layoff, should the employee
not return to work.
c. Time on approved leaves of absence and layoff will not count towards the
computation of seniority.
d. The City Human Resources Manager will provide the Union with a seniority list
upon request. It shall be each member's responsibility to verify the accuracy of
the calculation of his/her seniority.
Section F - Performance Evaluations
This section applies to regular full time and regular part time employees. Seasonal or
temporary employees are considered "at will" employees and may be terminated with or without
cause during their employment and are not provided with performance evaluations on a regular
basis.
For new hires, performance evaluations will be conducted on probationary employees at 3
months and at 6 months. After completion of the probationary period, performance evaluations
12
185
will be conducted on an annual basis. Special evaluations may be conducted at any time for
performance related issues that may arise.
Employees that are eligible for a merit step increase will have their performance evaluations
completed and the personnel action form processed within 30 days of the employee's
anniversary date. Exceptions to this time period is for reasons that may be related to the
employee requiring additional time for their comments or similar situations that delay the
processing of the evaluation or personnel action form.
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ARTICLE IV - COMPENSATION
Section A - Wa,qes.
1. Effective January 1, 2003, waqes shall be increased by 1.62%. Retroactivity shall apply
to employees on the payroll at the time of Union ratification and City Council action
pti q th ~"*~'"' ~ .......! onnr~ o~,-,, ~,,, ~ ....... ,~ ~,,,
ado n e new labor contract. Eff. ....... '
.88 ,~ ~ .............. ,
2. Effective January, 2004 and 2005 200! end 2002, wages shall be increased by a cost
of living adjustment (COLA) equal to 90% of the Seattle-Bremerton CPI-W index, using
the August CPI, effective the following January 1st, with a minimum of 2% and a
maximum of 4%.
3. The padies agree to review the wages for the Accountant, Accounting Technicians, and
information Technology classifications. Any increases resultinq from a waqe survey for
these classes shall be effective January 2004, with the affected positions placed into the
new ranqes closest to their current salaries to minimize the fiscal impact. The
..... 3ct ............ ., I, ~ ....
Section B - Lon,qevity Pay
Longevity premiums based upon the monthly salary shall be added to salaries in accordance
with the following schedule:
· Completion of five (5) years' service 2%
· Completion of ten (10) years' service, an additional 2%
· Completion of fifteen (15) years' service, an additional 2%
· Completion of twenty (20) years' service, an additional 2%
Longevity premiums shall be paid beginning with the first full pay period following the completion
of the eligibility requirements. For the purpose of determining eligibility for longevity premiums,
service shall be limited to time served in good standing as a full paid regular employee of the
City Depadments covered by this Agreement.
Section C - Niqht Shift Premium Pay
Employees whose regular assignment is a night shift shall receive night shift premium pay equal
to $.40 per hour. Night shift shall be defined as hours that begin between 11:00 pm and 4:00
am and continue for 8 consecutive working hours.
Section D - Overtime Compensation
1. Overtime shall apply for all hours compensated in excess of eifqht (8) hours in a work
day, ten (10) hours in a workday if the employee is on a 4-10 work schedule, or
(40) hours per week 0'''''~;'''*''' h ........ .~,,-,-,- ~- ...... .,;hich ~' .... ~ .....~ ....;"""'~ ~'''
....· ,~,"l',, ,,-, ~XCOSS .... ~ ,,, ~,, ........................ ~'" ',~; ..................... ·
.... ~ .~) hours if 3 4,/~0 ..... ~' ""~'~'~"~'
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187
2. Scheduled overtime hours worked shall be paid at the rate of time and one-half the
employee's regular rate of pay.
3. If an employee works on a named holiday (excluding floating holidays), the employee
shall receive pay at the overtime rate for those hours worked on the holiday, in addition
to their holiday pay.
4. Overtime pay shall not be compounded with any other form of compensation paid to the
employee.
5. Overtime work is a condition of employment, when called upon to meet the operational
needs of the Department. However, the Department shall attempt to assign overtime in
a fair and equitable manner whenever possible.
Section E - Call-Back Pay
An employee called back to work for non-scheduled overtime shall be compensated a minimum
of two (2) hours at double the employee's regular rate of pay. Hours worked beyond the two (2)
hour minimum shall continue to be paid at this rate until relieved of duty or the employee's
regular shift begins.
Section F- On-Call Pay
Employees assigned to be "on-call" will be compensated during the period of time they are on-
call. The compensation will be $10 per day, Monday through Friday, and $20 for Saturday,
Sunday, and holidays recognized in this Agreement. Additionally, all work performed after the
employee's regularly scheduled shift will be paid at the time and one-half rate, with a one (1)
hour minimum.
Work performed not related to the initial on-call duty, as directed by the supervisor, shall be paid
at double time, less the first hour, which is paid at time and one-half.
Section G - Compensatory Time
An employee assigned to work overtime may, at the option of the employee, receive
compensatory time in lieu of cash payment for ovedime or call back worked. Such
compensatory time earned shall not exceed eighty (80) hours and may be taken off, subject to
supervisory approval. All overtime hours worked in excess of the eighty (80) hours per calendar
year shall be paid in cash. Scheduling of compensatory time may be taken in a little as one-
hour increments, with prior approval of the affected supervisor.
Compensatory time is earned at the rate of one and one-half hour of compensatory time for
each hour of overtime or call back worked, calculated to the nearest thidy (30) minutes.
Section H - Temporary Assi.qnments
Temporary assignments will be filled by the qualified senior employee in the Depadment or
major Division, provided that (a) the senior employee desires the temporary assignment, and (b)
that there are no other senior employees who have comparable time in service; in which case,
temporary assignments would be rotated among senior employees having comparable time in
service. Comparable time in service is defined to be when the hiring date of an employee is
within one (1) year of the hiring date of the senior employee. Provisions for temporary
assignments apply only to positions covered by this Agreement.
]88
15
Section I - Hi.qher Class Pay
When an employee [s assigned to work in a higher classification for four or more consecutive
hours, the employee shall be paid higher class pay at a salary level for the higher class which
reflects a typical one-step increase above the current base wage, for the duration of the
assignment, calculated to the nearest thirty (30) minutes.
When employees are assigned to work in a classification outside of the contract for four (4) or
more consecutive hours, their compensation shall be determined by first adding their base wage
and longevity (if eligible) and then either placing them at Step A of the higher scale or providing
them a five (5) percent wage adjustment, whichever is greater.
Section J - Certifications
The City agrees to provide the cost of obtaining and retaining job-re~ated certificates or licenses,
including tuition, books, time with pay if necessary to attend seminars/workshops. The City
also agrees to pay for the certification, maintenance and annual renewal fee.
An employee interested in obtaining a job-related certificate or license must provide a written
request to the employee's supervisor and subject to Department Head approval.
Section K - Tuition Reimbursement
The City shall reimburse employee expenses for books and college tuition for approved job-
related course work per established City procedures, on the basis of 75% of such costs paid by
the City and 25% paid by the employee. However, if funding is provided by another agency or
source, the City's liability is 75% of the unfunded portion.
Section L - Benefits for Temporary Employees
1. Holiday Pay: Any full time temporary employee who completes six (6) months
continuous service with the City shall receive time and one-half for work on a holiday
2. Accrual of Sick Leave and Vacation Credit: Full time temporary or seasonal employees
hired into a regular full time City pesition shall be pursuant to the following procedures:
Accrual of sick leave and vacation shall be credited to the employee from their initial
date of hire as long as there is not a break in service of 30 calendar days or longer. If
such a break in service has occurred, the date for crediting the employee with sick leave
and vacation credits shall be the date the employee was re-hired following the break in
service.
An employee shall not receive any sick leave or vacation credit for any work week of [ess than
full time in determining the retroactive accrual credits.
Sick Leave credits may be used by the employee immediately per City policy. Vacation may not
be used or accrued until the employee has completed their probationary period, and the
contract provisions governing vacation shall apply.
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189
2. Retirement Contributions for Temporary Employees
Regular pad-time or temporary employees shall contribute into the Public Employees
Retirement System, in accordance with the law.
3. Medical Benefits shall be available to fulPtime temporary employees according to the
following rules:
a. Six (6) months of consecutive fulktime employment - medical benefits available
at employee expense.
b. Eighteen (18) months of consecutive full-time employment - City pays medical
premiums.
ARTICLE V - PAID LEAVE
Section A - Vacation
Annual leave with pay shall accrue to each full-time employee of the City at the following rates:
1. Effective January 1, 1988, annual leave with pay will accrue at the following rate:
Upon Completion of: Hours Work Days
1 through 5 years 88 hours 11
6 through 10 years 128 hours 16
11 through 15 years 168 hours 21
16 through 20 years 208 hours 26
21 through 25 years 248 hours 31
2. Annual leave will be granted full-time regular employees only after the completion of the
6-month probationary period. Thereafter, the leave credited for any month of service
may be taken in any subsequent month; provided, however, application for such leave
will be made in advance and approved by the Depadment Head.
3. No employee shall be permitted to accumulate annual leave in excess of the amount
earned over a two (2) year period and such leave is subject to provision "2" stated
above.
Section B - Sick Leave
The use of sick leave benefits is considered a privilege and not a right, and may only be used in
the event of actual illness or disability to the employee or family member as provided for in this
Agreement. In the event of a serious illness to an employee who has exhausted his/her sick
leave accrual, the City Manager may advance sick leave credits. However, approval or denial
of such a request is at the discretion of the City Manager without the right to grieve the decision.
1. Sick Leave Accrual: Sick leave shall accrue at the rate of 3.69 hours per pay period for
all regular full-time employees covered by this Agreement. Regular pad-time employees
shall accrue sick leave on a prorated basis, based upon the budgeted allocation of hours
for the position. The maximum sick leave accrual is unlimited for employees eligible to
accrue sick leave. Sick leave shall continue to accrue while the employee is on
authorized paid leave.
2. Notification Requirements: An employee requesting sick leave usage must provide the
proper notice as established by the Depadment Head. When a Depadment Head has
reasonable cause to believe that an employee has misused his/her sick leave benefits,
the Department Heed may require the employee to provide proof of illness from a
medical doclor.
3. Use of Sick Leave: Sick leave may be used for the following:
a. Illness or injury to the employee, on or off the job, resulting in an inability of the
employee to perform his/her work~
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191
b. Illness~injury to the employee's immediate family requiring the attendance of the
employee to medically care for the family member. Proof of this medical need
may be requested by the City in the form of a doctor's verification.
Immediate family, for purposes of sick leave benefits, is defined as follows:
Spouse, child, or other dependent relative living in the employee's household.
Use of sick leave is limited to three (3) days per incident, unless additional time is
approved by the Depadment Head, or the employee qualifies under the Family
Leave benefits.
c. Funeral Leave: Sick leave may be used for purposes of attending a funeral of a
family member. Use of sick leave for such reason shall be three (3) work days in
any one instance. Upon request of an employee, additional days shall be
granted if he/she encounters extenuating circumstances or must travel great
distances.
d. Maternity Leave: Illness/disability resulting from pregnancy, miscarriage, or
childbirth shall be charged to sick leave and then, if necessary, to vacation
accrual. Upon expiration of paid leave (sick leave, vacation, compensatory time,
etc.), an employee may request a maternity leave of absence without pay. The
duration of a maternity leave of absence shall be based upon medical evidence
provided to the employer.
e. Family Leave: Employees are covered by Federal/State Family Leave legislation
which provides for leave of absence to care for a newborn child, adopted child or
a child terminally ill. See the City of Port Angeles Personnel Policy and
Procedure Manual, Chapter 7.06, Family Leave.
f. Donation of Paid Leave Time for Catastrophic IIIness/Iniury: An employee may
donate sick leave, vacation, compensatory time, or holiday time to another
employee who has exhausted all paid leave time resulting from a catastrophic
illness/injury. See the City's Personnel Policy and Procedures Manual, Chapter
7, Leaves of Absence, for specific conditions and eligibility procedures.
g. Worker's Compensation: An employee injured on the job, receiving workers
compensation benefits, may use accrued sick leave, compensatory time,
vacation, and floating holiday credits to supplement the difference in worker's
compensation benefits and the employee's regular wages. The total of worker's
compensation benefits and sick leave credits shall not exceed the employee's
normal take-home pay.
4. Sick Leave Cash-Out: Twenty-five percent (25%) of accumulated sick leave, to a
maximum of 960 hours, will be paid to the employee upon retirement, death or
resignation in good standing when the employee has ten (10) years or more of regular
full-time service with the City. An employee leaving City service not in good standing or
terminated for just cause is not eligible for this benefit.
Section C - Holidays
The following named days shall be holidays to be observed at a time provided under State law:
New Year's Day Labor Day
Veteran's Day Thanksgiving
Washington's Bidhday Day after Thanksgiving
Memorial Day Christmas
Independence Day Marlin Luther Kin~ Bidhday
Two (2) floating holidays, to be taken in eight (8) hour increments, at a time mutuatly
agreeable between the employee and the City.
Whenever any of the above-named holidays fal~s on a Sunday, employees who generally do not
work on Sunday shall have Monday as a holiday; and whenever any holiday falls on a Saturday,
employees who generally do not work on Saturday shall have the previous Friday as a holiday.
For those employees who do not work on a normal Monday through Friday shift, and their
holiday falls on their scheduled day off, the holiday(s) shall be observed on the next following
work day(s). Employees must work the scheduled day before and after a holiday in order to be
paid for holidays. This does not apply to personnel on an authorized sick leave or annual leave.
ARTICLE VI - HEALTH AND WELFARE BENEFITS
Section A - Health Benefits
During the term of this Agreement, the City agrees to provide medical, dental, vision, and
prescription drug coverage for regular full-time and regular pad-time employees (who are
budgeted to work 20 hours or more per week) and their eligible dependents.
The City agrees to provide AWC medical Plan B ~ and vision coverage ($25
deductible) through the Association of Washington Cities Trust.~.~,~"";~ ¢'-'-,,.,, -,~'" ,~,,~...~ r-;,,,v,,j ¢"-.,.,
,,,~,,~ ........ ,~ ~u,-,;~,~.-, ,~ .... ~'~'~ ~"- *~'~' '~"~o*;"'" "'~ *~" ^ .......* The City agrees to
reimburse employees for cedain co-payments (identified in Exhibit B) to make Plan B equal to
Plan A coverage. Reimbursement of these co-pays shall be by procedures established by the
City.
The dental coverage for employees and eligible dependents shall remain the City's self-funded
dental plan for the period of this labor contract. The City reserves the right to change insurance
carriers as long as the benefits are equal to or greater than the plans noted above. If the City
considers changing insurance carriers, the City shall notice the union prior to any change to
meet and discuss the proposed action.
The City and the Union aqree to employee participation in the cost of monthly medical
premiums. Dental and vision insurance shall be paid by the City for the duration of the contract.
The cost sharinq process shall be that employees shall pay 3% of the total monthly premium for
medical insurance for November and December of 2003. The employees cost sharinq shall
increase to 7% of the monthly premium effective January 2004 and to 12% effective January
2005. The employees monthly medical premium shall be deducted from employees pay check
on a bi-weekly basis.
Section B - Term Life Insurance:
The City agrees to extend life insurance coverage to regular full time employees represented by
Local #1619 equal lo one times their annual salary, rounded to the nearest thousand, to a
maximum of $50,000. Amounts beyond the annual salary coverage or for spouses will be at the
employee's expense through payroll deduction procedures.
e.,-,;,-,,, r. Long Term r~i,-.,km,,, r-,,,,,:, .... n .
.................. ~ ...... .,v ,~TD).
~3rga ...... u '"';* '
Section C D - Deferred Compensation:
The City agrees to allow continued employee padicipation in a deferred compensation plan
through payroll deduction.
Section D E- IRS 125 Account
The City shall provide an IRS 125 account for each employee who chooses to participate in the
program. Any cost associated with the implementation or maintenance shall be paid by the
City.
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ARTICLE VII - GRIEVANCE PROCEDURE
Section A - Objectives
To informally settle disagreements at the employee-supervisor level; to provide an orderly
procedure to handle the grievance through each level of supervision; to correct if possible, the
cause of the grievance to prevent future complaints; to promote harmonious relations among
employees, their supervisors, and departmental administrators; to assure fair and equitable
treatment of employees; and to resolve grievances at the Departmental level before appeal to
higher levels.
Section B - Definitions
The following terms, as used in this Article, shall have the following meaning:
Grievance: A complaint by an employee concerning the interpretation or application of this
Agreement. A grievance may be filed when the employee believes an injustice has been done
because of unfair application of a City policy or an alleged violation of any term or condition of
this Agreement.
DaF. Calendar day, exclusive of Saturday, Sunday, and legal holidays.
Employee: A regular full-time or regular part-time employee covered by this Agreement.
Immediate Supervisor. The Division Head who assigns, reviews, or directs the work of an
employee.
Representative: A person who is appointed by the Union or is a Union official who appears on
behalf of the employee,v~.~,~" ........ ~,, bchc!f cf thc .... ~,,~j ~.
Department Head: The employee reporting to the City Manager, having direct responsibility
over a City Department.
Section C - Exclusions.
1. Work assignments, unless the complaint arises out of an allegation that the employee
was required to work in violation of applicable sections of this Agreement, City policy, or
State law.
2. Work performance evaluations.
3. Impasses in collective bargaining.
4. Grievances filed after ten (10) work days from date of occurrence, or after ten (10) work
days from the date the employee had knowledge of an occurrence.
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Section D - Time Limits
Time limits are established to settle grievances quickly. Time limits may be extended by
agreement of the parties. If the grievant is not satisfied with the decision rendered, it shall be
the grievant's responsibility to initiate the action which submits the grievance to the next level of
review within the time limits specified. Failure of the employee to submit the grievance within
the time limits imposed shall terminate the grievance process, and the matter sha~l be
considered resolved. Failure of the City to respond within the time limits specified will allow the
grievant to submit the grievance to the next higher step of the grievance procedure.
Section E - The Parties' Riqhts and Restrictions.
1. An employee may have Union representatives present at all steps of the grievance
procedure.
2. Reasonable time in processing a grievance will be allowed during regular working hours
for the shop steward, with advance supervisory approval.
3. Only a person selected by the employee and made known to management prior to a
scheduled grievance meeting shall have the right to represent or advocate as an
employee's representative.
4. Nothing within this grievance procedure shall be construed as limiting the right of
management to manage the affairs of the City, except as specified in this Agreement.
5. Grievances of an identical nature, involving an alleged violation of the same Article,
Section, etc., concerning the same subject matter, may be consolidated.
6. Confidential Communication: Any communications between a member of the Union and
any recognized Union representative regarding a potential or actual employee grievance
will be defined as confidential.
7. The Union, as an organization, may file a grievance alleging that the City has violated
specific rights afforded the organization in the Agreement. Such grievance shall be filed
directly at Step 1 (Depadment Head level), and shall be bound by the time limitations
and procedures set forth in the grievance procedure.
Section F - Informal Grievance Disposition
Within the time limits specified above, the employee will promptly and verbally meet to discuss
the complaint with his/her Division Manager. In those circumstances where the nature of the
complaint involves the Division Manager, the employee may proceed to Step I of the formal
grievance process, the Depadment Head. If the Division Manager fails to reply to the employee
within five (5) days of the meeting, or if the employee is not satisfied with the decision, the
employee may, within five (5) days, utilize the formal grievance procedure. Prior to initiating the
formal grievance procedure, the employee shall submit the matter to the Union Grievance
Committee for review and authorization, if approved by this Committee, the grievance may
proceed.
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Section G - Formal Grievance Procedure
Step 1 - Department Head: The grievance procedure shall be initiated by the employee stating
the nature of the grievance, the alleged violation by section or number, and the desired solution,
in writing on the Union grievance form, together with any supporting documents.
The grievance form and supporting documents shall be delivered to the Department Head within
the time frames specified in the grievance procedure.
The Depadment Head shall hold a meeting with the employee and his/her representative, if
requested, within ten (t0) days from the date the grievance is received, and attempt to settle the
grievance.
A decision shall be made, in writing, on the original grievance form, to the employee by the
Department Head within ten (10) days from the close of the meeting.
Step 2 - City Manager: If the employee is not satisfied with the decision of the Depadment
Head, he may appeal the decision to the City Manager within ten (10) .... ~vj days from receipt
of the Department Head's decision.
The City Manager or his designee will hold a meeting with the concerned parties within ten (10)
days of receipt of the grievance, all supporting documents, the Department Head's response,
and the remedy requested, and issue a written decision within ten (10) days after the close of
the meeting.
Step 3 ~ B ndin~ Arbitration: The Union shall have twenty calendar days from receipt of the City
Manaqers decision to request bindinq arbitration. If the grievance is submitted to binding
arbitration, the Unionu,,~-~,,,,""~ ..... * ,--~, ~-~o,,,~ representative and the Human Resources Manager shall,
within ¢;'"' ¢~\ ~" .... ¢ .... ;'** ''¢ *~'"' "'; ..... *'" ....... * set a date for a meeting to:
1. Agree to any stipulations.
2. Attempt to agree upon an issue statement.
3. Jointly request from the American Arbitration Association, Federal Mediation and
Conciliation Service, or other mutually agreed-upon source, a list of nine (9) arbitrators
and upon receipt of this list, the parties will toss a coin to see who strikes the first name,
and then each shall alternately strike a name, to arrive at an arbitrator who will hear the
grievance. However, the parties may mutually agree upon an arbitrator without using
the above arbitration service, or agree to request another list of names if both padies are
not satisfied with the names on the initial list of arbitrators.
The padies agree that the grievance shall be heard before the arbitrator selected at the earliest
possible date. The decision of the arbitrator shall be final and binding upon the padies. The
arbitrator shall not have the ability to alter or amend any portion of the labor Agreement, City
policies, or regulations.
The cost of the arbitration process shall be shared equally between the parties. Any cost or
fees related to the presentation of the case for each respective pady shall be the responsibility
of that party and shall not be shared as pad of the arbitrator's expenses.
The arbitrator shall issue a written decision to the parties within thirty (30) calendar days of the
close of the hearing.
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ARTICLE VIII - DURATION OF AGREEMENT
This Agreement shall be effective January 1, 2003, and continue through December 31, 2005.
Should either party desire to modify this Agreement, it shall serve written notice to the other
party within six (6) months prior to the expiration date of this Agreement.
IN WITNESS WHEREOF, we hereunto attach our signatures this day of October
2003.
CITY OF PORT ANGELES: AFSCME LOCAL #1619:
Glenn Wiggins, Mayor James Trefry, Staff Representative
Michael Quinn, City Manager Becky Horton, Union President
Bob Coons, Human Resources Mgr.
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pORTANGELES
WASHINGTON, U.S.A.
I CiTY COUNCIL MEMO
DATE: NOVEMBER 4, 2003
To: CITY COUNCIL
FROM: BOB COONS, HUMAN RESOURCES MGR. ~
SUBJECT: AMENDMENT TO IBEW #997 LABOR CONTRACT
Summa~: The City of Port Angeles and the International Brotherhood of Electrical Workers, Local
#997 (IBEW) have a labor contract for 2002-2004. The contract has an opener concerning the cost o~
medical insurance premiums for the last two years of the contract. The City and the Union have reach
agreement on the contract opener. The Union has agree that employees will contribute 3% of the total
cost of medical insurance premiums for November/December 2003 and this percent increases to 7% ot
the premiums effective January 2004.
Recommendation: Staff recommends that the City Council approve and authorize the Mayor to sign the
attached memorandum of understanding to the labor contract between the City and IBEW #997 for the
contract covering 2002-2004.
Background / Analysis: The City of Port Angeles entered into a labor contract with the IBEW #997
Union covering the contract period of April 1, 2002 - December 31, 2004. Article VI, Health Benefits
has a contract opener to re-negotiate the cost of health benefits for the final two years of the agreement.
This Union includes the electrical workers that maintain the power for the City residents, energy
conservation staff, and equipment services mechanics. There are 20 employees in this bargaining unit.
The City and the Union reached agreement with the assistance of a State Mediator from the Public
Employment Relations Commission (PERC). The parties agreed that employees would begin paying 3%
of medical premiums effective November/December 2003 aud for the final year of the contract 2004, 7%
of medical premiums. Attached is the addendum to the contract for City Councils approval as well as a
spreadsheet to indicate the amount of monthly premiums paid by the employees for 2003 and 2004.
Attachment: Memorandum of Understanding between the City and IBEW
Cc: Mike Quinn, City Manager
Giles Cobb, Union President
Jim Shay, Union Vice President
199
G:~vlASTFORM~COUNCIL x~PT
Last Revised: 6/29/99
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF PORT ANGELES
AND
IBEW, LOCAL # 997
The par~iea collective b~gaining agreement, cOnCerning the time period of April 1, 2002
through Dcccmber 31, 2004 i~ hereby {unend~ as foll0w3 regarding payment of mcdic~]
tnBurunce ~remiums for ~he AWC Medical Plan B:
1. The IBI~W a~rees th~ employees will pay ;1% of the to~al premiarn~ for
November/December 2003 through payroll deduction,.
2. The IBEW agrees that employees will pay an additional 4% (for a lotal of
7%) of the total premium for January through Dcc~bc12004.
~-~/.-Ll~,,]~, For the CIW of Port Am,eltq
Cobb, IBEW Presidem
Bob C~s
Glenn Wiggias, Mayor
20]
EMPLOYEE COST-SHARE MEDICAL PREMIUMS
2003 - 2005 MONTHLY PREMIUMS
10/7/2003
Medical Plan B rates 2003 2004 2005
Employee only $249.50 $319.40 $383.28
Employee + spouse $499.00 $638.80 $766.56
Employee + 1 child $365.30 $46765 $561.18
Employee + 2 children $465.30 $59565 $714.78
Employee + spouse + 1 child $61480 , $779.05 $934,86
Full family $714.80 $907.05 $1,088.46
Possible employee contributions per month
3% 7% 12%
Employee only $7.49 $2236 $45.99
Employee + spouse $14.97 $44,72 $91.99
Employee + 1 child $10.96 $32.74 $67.34
Employee + 2 children $13.96 $41.70 $85.77
Employee + spouse + 1 child $18.44 $54.53 $112.18
Full family $21,44 $63.49 $130.62
FLEX-PLAN INFORMATION 7% employee approximate net savings
2004 rates with copay premium annual pre-tax to employee
Examples: per year savings 20% per month
Employee + spouse $536.59 $10732 $8.94
Full family $76192 $15238 $12.70
NOTE: Rates reflect AWC ¢hcrease of 2~% for2004 and esh~ated 20% for2005
202
pORTANGELE$
WASHINGTON, U.S.A.
CITY COUNCIL MEMO
DATE: November 4, 2003
TO: CITY COUNCIL
FROM: SUE ROBERDS, Ass1STANT PLANNER
SUBJECT: MADRONA WOODS FINAL SUBDIVISION
"O" STREET BETWEEN 16TM AND 18TM STREETS
Summary: Review and approval of an inter]ocal agreement to provide infrastructure
improvements and final approval of a 19-unit subdivision in the RS-9, Residential Single Family
zone.
Recommendation: Following the scheduled public hearing, the Department of Community
Development recommends that the City Council: (lj take action to approve the installation oJ
required infrastructure improvements for the subdivision in the manner prescribed in the attached
agreement; and then (2) concur with the recommendation of the Planning Commission to approve
lhe final plat of lhe Madrona Woods Subdivision and authorize ire 3~ayor lo sign the final mylar
citing the 33 findings and 6 conclusions listed in the Planning Commission's minutes which are
attached to this memorandum in support qf the action.
Background / Anah'sis: On October 22, 2003, the Planning Commission reviewed the final plat
of the 19-unit Madrona Woods Subdivision at a public meeting. Because grant funds will not be
made available to construct the required infrastructure until the final plat is approved, the Housing
Authority of the County of C]allam submitted an interlocal agreement to install the infrastructure
improvements following final plat approval and during the construct/on phases of the plat rather than
before final plat approval, which is state law. The proposed infrastructure agreement was reviewed
by the City Attorney who agreed that because the Housing Authority is the applicant and property
owner, a special a~eement may be made with the Housing Authority under the State Housing
Cooperative Statute Chapter 35.82 RCW. The agreement provides that the infrastructure will be
placed in two phases coinciding with the phased development proposed for the plat with the wording
"No occupancy of dwelling units shall be allowed until all roadway and utility improvements have
been completed and approved by the City Engineer" placed on the face of the recorded mylar and
included in the Jnterlocal agreement lo ensure Ibat required utility improvements are installed and
approved prior Io occupancy of the completed homes. Such wording does not preclude construction
oflhe homes prior to installation of the infrastructure but would prevent occupancy of the homes
until the improvements have been approved by the City.
Because an interlocal agreement to place utility improvement following final plat approval is not
standard practice, Council should first consider and act upon the interlocal agreement to provide
required infrastructure improvements prior to taking action on the final plat. Secondly, a motion
903
November 4, 2003
Page 2
author/zing the Mayor to sign the final mylar would then be in order approving the final plat and
citing the attached findings and conclusions. A critical time period exists for approval of the final
plat because without final approval, no funds will be released.
All conditions for preliminary approval of the subdivision have been addressed either on the face of
the mylar or by the interlocal agreement. Staff's memorandum to the Planning Commission is
included for your review and background information along with an excerpt of the Planning
Commission's October 22, 2003, meeting minutes which contains findings and conclusions in
support of approval of the final plat and interlocal agreement.
Sue Roberds, AssiStant Planner
Findings and Conclusions
204
INTERLOCAL ~,GREEMENT
BETWEEN THE CITY OF PORT ANGELE$~ A MUNICIPAL CORPORATION
NON-CHARTER CODE CITY
AND THE
HOUSING AUTHORITY OF THE COUNTY OF CLALLAM~ A MUNICIPAL CORPORATION
ORGANIZED UNDER RCW 35,82 AND AUTHOR]ZED TO PARTICIPATE 1N
HOUSING COOPERATION LAW PROJECTS UNDER RCW 35.83
WHEREAS RCW 35.83.030 authorizes any city to do whatever is necessary or
convenient to aid and cooperate with a housing authority in the planning, undertaking,
construction, or operation of housing projects, and
WHEREAS RCW 35.83.030 specifically authorizes any city to provide a housing
authority with assistance related to providing street, sidewalk, and utility infrastructure
improvements for housing projects, and
WHEREAS RCW 35.34, the lnterlocal Cooperation Act, allows municipal corporations
such as cities and housing authorities to make such agreements between themselves as are lawful
and as benefit each other, and
WHEREAS the Housing Authority is undertaking a housing project, in several distinct
phases, to provide low income housing with financing from the Rural Community Assistance
Corporation, a California non-profit public benefit corporation, with a loan, promissory note and
deed of trust all in the amount of $532,875, and
WHEREAS the City of Port Angeles, having approved a preliminary subdivision, is
seeking guarantees that the required final subdivision improvements regarding infrastructure
shall be construcled in accordance with provisions of RCW 58.17 (the Subdivision Act), and
WHEREAS RCW 58.17 does provide that, under certain circumstances, the provision of
required infrastructure prior to sale or occupancy, or bonding in lieu of such required
infrastruclure, may be provided for as the City sees fit, and
WHEREAS the loan agreement with the Rural Community Assistance Corporation
provides in Section 28 for non-assignability of any commitments to third party beneficiaries, and
WHEREAS because the project is funded by the Rural Community Assistance
Corporation and the Housing Authority is the beneficiary of the loan as well as the debtor on the
C:~Documents and Sertings5cknutson\Local Settings\TempkHA imerlocal agreement 10-3 l.wpd Page 1
205
loan, and because the housing project provides for a necessary element of the Port Angeles City
Comprehensive Plan (affordable housing), the arrangement agreed upon herein does provide for
the improvements required in the subdivision in a manner satisfactory to the City;
NOW, THEREFORE,
THE CITY AGREES that the Housing Authority may provide its assurance and
agreement that it will pay for the installation of necessary infrastructure as required by the City
for final approval of the subdivision known as Madrona Woods from the proceeds of the loan
secured by the promissory note, Loan No. 0384-HACC-02 dated July 24, 2003, and
THE HOUSING AUTHORITY AGREES that it will pay for the installation of said
infrastructure for the Madrona Woods final subdivision from the proceeds of said loan, and
THE HOUSING AUTHORITY AGREES that should it not pay for the required
infrastructure from such loan proceeds, the Housing Authority will pay from any available funds
of the Housing Authority to provide for such required infrastructure as set forth in the approved
subdivision, and
THE PARTIES AGREE that the attached Exhibit "A" sets forth the required scheduling
for installation of the required infrastructure (roads, sidewalks,sewers, water, utilities,
landscaping, storm water facilities etc.), and
THE HOUSING AUTHORITY AGREES to comply with the terms of Exhibit "A".
DATED this day of
MAYOR, as approved by the City Council
Approved as to Form:
CRAIG D. KNUTSON, City Attorney
DATED this day of .,
CHAIRMAN OF HOUSING AUTHORITY
BOARD, as approved by the Board
Approved as to Form:
CRAIG A. RITCHIE
Attorney for Housing Authority
C:~I)ocuments and Sellings\cknutson\Local Settings\TemphtlA intcrlocal agreement 10-3 I.wpd Page 2
206
EXHIBIT "A"
TO
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF PORT ANGELES~ A MUNICIPAL CORPORATION
NoN-CHARTER CODE CITY
AND THE
HOUSING AUTHORITY OF THE COUNTY OF CLALLAM~ A MUNICIPAL CORPORATION
ORGANIZED UNDER RCW 35.82 AND AUTHORIZED TO PARTICIPATE IN
HOUSING COOPERATION LAW PROJECTS UNDER RCW 35.83
The project known as Madrona Woods is to be constructed in two phases. Phase I
includes lots 1 through 8 of the Madrona Woods subdivision and a septic project that is not part
of the Madrona Woods subdivision. Phase II includes lots 9 through 19. The Housing Authority
understands and will so inform all prospective purchasers that City of Port Angeles regulations
prohibit occupancy until all infrastructure associated with the property to be occupied has been
constructed to the satisfaction of the City or until all Phase I infrastructure has been completed Io
the satisfaction of the City and an escrow or blocked account guaranteeing the completion of the
_ entire infrastructure of the subdivision has been provided for as approved by the City.
The total estimated cost of the improvements required by the City for the Madrona
Woods subdivision is $395,713, as set forth in the attached construction cost estimate.
The estimated required infrastructure for Phase I is as follows:
Sidewalk along "O" and 18th Streets (adjacent to first phase) with any required
curbs and gutters ................................................................. $11,980.00
Sewer (including sewer in Arbutus Lane) .......................... $24,060.00
Water .................................................................................. $11,725.00
Electrical ............................................................................ $35,600.00
Conduit for future use .............................................................. $780.00
All of the above improvements will be in place and acceptable to the City not later than
October l, 2004.
No lots in Phase II shall be sold until the infrastructure in Phase I has been installed and
accepted by the City and such lots shall not be occupied until an escrow or blocked accoun't
guaranleeing the completion of the entire infrastructure of the subdivision has been provided for
as approved by the City.
All of the remaining infrastructure for Phase Il shall be installed and acceplable to the
City not later than October 1,2005.
C:\Documems and Settings\cknutsonkLocal Set~ings\Temp\HA imerlocal agreement 10-31.wpd Page 3
207
MADRONA WOODS SUBDIVISION
CONSTRUCTION COST ESTEVIATE
10/2/2003
ITEM NO, I UNITS !QUANTITy! DES(~RIPTION UNIT PRI(~I T(~TAI~ PRICE
:' I SITE CONSTRUCTION COSTS
LUMP SUM LS. Mobilization $15,000 $15,000
~- LUMP SUM L.S. Temporary Traffic Control $2,500 $2,500
3 LUMP SUM L.S. Secur~ $2,500 $2,500
4 LUMP SUM L.S. Trimming & Clean-Up __ $7,500 $7,500
6 _ _ . ~ YAR~-~ 5,000 Excavation, including Haul $10 $50,000
6 TONS 1501 Gravel Base __ $14 $21,014
7 TONS I 351 Crushed Sudacing Top Course $33 $11,583
~ TONS! 420 Asphalt Concrete Pavement, Class 'B' $76 $31
9__ F_ACH 19 Asphalt Driveway Approach, Rolli~]~ $150 $2,850
10 LINEAL FEET 377 Saw Cut Asphalt Concrete & Remove Tdm $2 $754
11 LINEAL FEET 158 Concrete Curb & Gutter $10 $1,580
12 SQUARE FEET 6368 4 In. Thic~ Concrete Cement Sidewalk $3 $19,104
13 EACH -- 61Concrete Handicap Ramp $150 $900
14~LINEAL FEET 1527 Solid Walt PVC Storm Sewer Pi~e, 12 Inch Diameter $18 $27,486
15 -' EACH ....... I Catch Basin Type 1 ....... $750 $750
16 EACH 1 Ad ust R m Eleva ion, Add Ne~-C-(~ver~T~, e~l $550 $550
11 EACH ~ 1 ~, Relocate Catch Basin Type 1 __ $1,250 $1,250
FEET
$15
$6,750
450 C900 PVC for Water Main, 6 Inch Diameter
.... -T. ACH .... 1 Gate Valve, 6 inch -- $625 $625
32 EACH L~~~ox & Metering Structure $3,500 $3,50~
Sub-Total ] , [ $316.731'
¢1~ LUMP SUM ~ L S!Construcflon Engineering & Inspectlon $9,500 ! $3,500
¢2 __..,. ~U~ ~_ L~S~ C_onstructio~ Staking & surv~
$7,500 $2,000
43 , ~ ?~tal Value (Includes In- Kind Contributions) / Actual Co~s.l_
rub. Total I $17,000 $5,500
208 ' I
Findings and Conclusions in support of the Madrona Woods Final Subdivision:
Findings:
1. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements for the
approval of subdivisions.
2. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform
division of land within the State of Washinglon. Section 58.17.l 10 requires a city to inquire into
the public use and interest proposed to be served by the establishment of a subdivision. It shall
determine if appropriate provisions are made for, but not limited to, the public health, safety, and
general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways,
transit slops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools
and schoolgrounds, and shall consider all other relevant facts including sidewalks and other
planning features that assure safe walking conditions for students who only walk to and from
school and whether the public interest will be served by the subdivision. A proposed subdivision
shall not be approved unless the city can make written findings that these provisions are made.
3. Section 16.08.050(B)(1) PAMC provides that the Planning Commission shall examine the
proposed plat, along with writlen recommendations of the City Departments, and shall either
approve or disapprove the submittal. A recommendation thereon shall be forwarded to the City
Council within a period ofg0 days after a preliminary plat has been submitted to the City
Planning Department. The City Council shall either approve or disapprove the proposed
preliminary plat at a public meeting.
4. The final plat subdivides the 5.23 acres of land into 19 residential lots. The 19 residential
building lots range in size from 9,002 to 10,286 square feet. A tract for drainage and recreation
will also be created.
5. The preliminary plat application includes a drawing received and dated February 21, 2003,
prepared for the Housing Authority of Clallam County by The Cedarwood Group, provided in
Attachment B to the staffreport which was used as the basis for the preliminary plat review. The
final plat will be entitled Madrona Woods Subdivision.
6. The proposed Madrona Woods Subdivision site is located along "O" Street at its intersection
with 18th Street and is legally described as a port/on of Block 101, Suburban Lot of Port Angeles,
WA in a portion of Section 6, Township 30 North, Range 6 West, W.M.
7. Surrounding properties are developed xvith low' density single family residential uses to the north
and west, and light industrial use to the south. Property adjacent lo the east contains a single
family residence and property Io the east is also is being developed as an adult family shelter
with three mu]ti-family developments continuing to the east. The area south of 18th Street is
partially developed as the Fairchild Airport Industrial Park. Several other parcels in the vicinity
are undeveloped.
8. The site is currently served by 18~h Street and "O" Street, neither of which is fully developed to
City streel slandards for collector arterial streets. The applicant shall participate in future
improvements Io 16~ Street by signing a no protest agreement to the formation of and
participation in a Local Improvement District (LID) for the improvement of 16~h Street. The
inlerior 12 lots will gain access from Arbutus Lane, a cul de sac interior to the subdivision.
209
Madrona Woods Final Subdivision
November 4, 2003
Page 2
Transit service is available along both "O" Street and 18~t' Street with a bus stop at property
directly east of the site.
9. The proposed final plat was reviewed by the City's Fire, Public Works and Utilities, Parks and
Recreation, and Community Development Departments.
10. Public notice of the subdivision preliminary plat application was published on March 9, 2003, in
the Peninsula Daily News and posted on the site and mailed to property owners within 300 feet
of the proposed subdivision on March 5, 2003.
11. The proposal has been reviewed with respect to the Comprehensive Plan. The subject property is
identified as Low Density Residential (LDR) on the Port Angeles Comprehensive Plan Land Use
Map. The following Comprehensive Plan policies are found to be most relevant to the proposal:
Growth Management Element Goal A; Land Use Element Goal A, Policy A.2, Goal B, Policies
B.I-B.4, Goal I, Policies 1.1-I.4, Objective 1.1; Transportation Element Goal A, Policies A.3 and
A.6; Utilities and Public Services Element Policy 2.C and D.I; Housing Element Goal A; Capital
Facilities Element Goal A, Policies A.2, A.9-A.11, Goal B, Policies B.6-B.7, Goal C, Policies
C.3- C.4.
12. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer service,
and electrical service (Capital Facilities Element Policy A.9).
13. The Comprehensive Plan recommends concurrency for solid waste collection, stormwater
management, telecommunications service, and emergency services (police, fire and emergency
medical response) (Capital Facilities Element Policy A.10).
14 The City's Comprehensive Plan (Land Use Element Goal B) states the intention to have a
con-anunity where residential development and use of the land are done in a manner that is
compatible with the environment, the characteristics of the use and the users, and the desired
urban design of the City.
15. The subject property is identified by the Port Angeles Zoning Map as Single Family Residential
(RS-9), which allows a density of up to 6.22 units per acre. The proposed final plat drawing
indicates that each of the 19 residential lots in the proposed subdivision will be at ]east 9,000
square feet in size.
16. All requ red ut ty improvements including potable water, sanitary waste, electrical, and refuse
colleclion have been provided to the subdivision or are available in the area.
17. The Port A~age]es School District No. 121 serves the area, and school capacity is currently not an
issue with the present trend Jn declining enrollments.
18. The site is currently served by the City's Police, Fire, and Public Works Departments.
19. Building permits are required for all structures on any approved building lots. All local Building
and Fire Codes apply to any new construction on the subject properly.
20. Clearing and grading permits are not required for any initial site development on sites less than
one acre in size and not designated as an environmentally sensitive area by the City.
210
Madrona Woods Final Subdivision
November 4, 2003
Pa ge 3
21. The City's State Environmental Policy Act (SEPA) Official issued a Determination of
NonSignificance (DNS//1023) on March 21, 2003, satisfying the City's SEPA responsibility.
22. All necessary easements for access, drainage, and utilities are shown on the final plat.
23. The applicant shall participate in future improvements to 16t~ Street by signing a no protest
agreement to the formation of and participation in a Local Improvement District (LID) for the
improvement of 16~h Street.
24. The stormwater drainage improvements shall be installed per the City's Urban Services
Standards and Guidelines. Storm drainage facilities shall be installed prior to or concurrently
with other infrastructure development.
25. Both 18m Sn'eet and "O" Street adjacent to this subdivision shall be improved to the center line
plus 10 feet to meet City standards.
26. The fire sprinkler syslem as required by lhe Fire Department shall be a condition of any new
residential building permit as shown on the face of the plat.
27. Electrical, telecommunications, and street lighting shall be installed by the Housing Authority
per the interlocal agreement between the Housing Authority of Clallam County and the City of
Port Angeles. All power lines serving this subdivision shall be installed underground per City
design and easement requirements.
28. Address numbers are identified and placed on the final plat as provided by the City.
29. Drainage facilities (piping and infiltration basin) are located on a separate tract and a utility
easement a minimum of 20 feet in width adjacent to property line has been created. The
infiltration basin shall be enclosed by a security fence if the drainage facility poses a threat to
public safety.
30. The City of Port Angeles and the Housing Authority of Clallam County have committed through
an interlocal agreement to secure the installation of all street and utility improvements required
for the final plat to the satisfaction of the City Engineer with a total estimated cost of $395,713.
31. The subdivision will be developed in two phases with Phase I to include Lots 1 through 8 and a
separate lot that is not part of the Madrona Woods Subdivision. Phase 11 will include Lots 9 to
19, the drainage/recreation lot, and Arbutus Lane.
32. The face of the plat shall provides a restriction that no occupancy of dwelling units shall not
allowed until all roadway and utility improvements have been completed and approved by the
City Engineer for each phase of the subdivision.
33. The final subdivision was reviewed by the Planning Commission at a public meeling on October
22, 2003, and a recommendation of approval was forwarded to the City Council.
Conclusions:
A. The conditions of the Madrona Woods Subdivision were required by the Subdivision Ordinance
and necessary to implement the Comprehensive Plan goals and policies.
211
Madrona Woods Final Subdivision
November 4, 2003
Pa~e 4
B. The site is zoned RS-9, which allows less than 5 units per acre and is intended to be for the
development of single family homes. The configuration of the proposed subdivision lots and
street layout conform to the desired urban design of the City for the RS-9 Zone. The subject site
is located in an area with a grid street syslem and should be developed with low density housing
units to achieve the desired urban design of the City.
C. As conditioned, the final plat is consistent with the Comprehensive Plan and Zoning Code.
D. As conditioned, the final plat is in conformance with the Port Angeles Subdivision Ordinance,
Chapter 16.08 PANIC, and the Washington State Subdivision Act, Chapter 58.17 RCW.
E. As conditioned, appropriate provisions have been made for the public health, safety and general
welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways,
transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools
and school grounds, sidewalks and other planning features thai assure safe wa]king conditions for
students who only walk to and from school.
F. As conditioned, the public interest is served in the platting of this subdivision as articulated in
the City's Comprehensive Plan, Subdivision, and Zoning Ordinances. The subdivision provides
for development of new homes within the City of Port Angeles consistent with the Growth
Management Act and beneficial to the City's tax base.
Adopled by the Port Angeles City Council at its meeting of November 4, 2003.
Glenn Wiggins, Mayor
Becky J. Upton, City Clerk
T:\SUB~vladrona Woods.f&c wpd
212
October22, 2003
Page I
CONTINUED BUSINESS:
Final review of the Madrona Woods Subdivision (continued from October 8, 2003).
Director Collins reviewed the interlocal agreement proposed by the Housing Authority of the County
of Clallam to provide required infrastructure improvements for the 19-unit single-family subdivision
following final plat approval. The City Attorney and the Housing Authority's attorney Craig Ritchie
worked together to craft an interlocal agreement which would allow required infrastructure
improvements to be installed at a later date following final plat approval rather than before, which
is the standard procedure. Specific law allows for the City to place infrastructure for housing
authorities. While the City is not agreeing to put in the infrastructure, Exhibit "A" of the proposed
interlocal agreement describes what infrastructure is to be placed and describes the phasing. The
Housing Authority is responsible for making required infrastructure improvements and paying for
them. The City can be the security for the Housing Authority therefore allowing completion of the
plat without the normal bonding. He further explained that phasing for the development is proposed
to include Lots 1 - 8 as Phase I with Lots 9 - 19 and the extra lot west of"O" Street (Lot 20) and the
Arbutus Lane cul-de-sac being Phase II.
Mr. Collins provided amended findings and conclusions in support of a recommendation of approval
for the final plat. Discussion that wording on the face of the plat should be amended to include the
applicant's desire to provide infrastructure improvements for each phase of development was
discussed (Finding 32).
Following brief discussion regarding various procedures in the development of the site,
Commissioner Norton moved to recommend approval of the interlocal agreement and the fin al
plat as proposed citing the following 32 findings and 6 conclusions:
Findinus:
1. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements for
the approval of subdivisions.
2. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform
division of land within the State of Washington. Section 58.17.110 requires a city to inquire
into the public use and interest proposed to be served by the establishment ora subdivision.
It shall determine if appropriate provisions are made for, but not limited to, the public health,
safely, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other
public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation,
playgrounds, schools and school grounds, and shall consider all other relevant facts including
sidewalks and other planning features that assure safe walking conditions for students who
only walk to and from school and whether the public interest will be served by the
subdivision. A proposed subdivision shall not be approved unless the city can make written
findings that these provisions are made.
213
Planning Commission Minutes
October 22, 2003
Page 5
3. Section 16.08.050(B)(1) PANIC provides that the Planning Commission shall examine the
proposed plat, along with written recommendations of the City Departments, and shall either
approve or disapprove the submittal. A recommendation thereon shall be forwarded to the
City Council within a period of 90 days after a preliminary plat has been submitted to the
City Planning Department. The City Council shall either approve or disapprove the proposed
prelim/nary plat at a public meeting.
4. The final plat subdivides the 5.23 acres of land into 19 residential lots. The 19 residential
building lots range in size from 9,002 to 10,286 square feet. A tract for drainage and
recreation will also be created.
5. The preliminary plat application includes a drawing received and dated February 21, 2003,
prepared for the Housing Authority of Clallam County by The Cedarwood Group, provided
in Attachment B to the staff report which was used as the basis for the preliminary plat
review. The final plat will be entitled Madrona Woods Subdivision.
6. The proposed Madrona Woods Subdivision site is located along"O" Street at its intersection
with 18'h Street and is legally described as a portion of Block 101, Suburban Lot of Port
Angeles, WA in a portion of Section 6, Township 30 North, Range 6 West, W.M.
7. Surrounding properties are developed with low density single family residential uses to the
north and west, and light industrial use to the south. Property adjacent to the east contains
a single family residence and property to the east is also is being developed as an adult family
shelter with three multi-family developments continuing to the east. The area south of 18th
Street is partially developed as the Fairchild Airport Industrial Park. Several other parcels
in the vicinity are undeveloped.
8. The site is currently served by 18'h Street and "O" Street, neither of which is fully developed
to City street standards for collector arterial streets. The interior 12 lots will gain access from
Arbutus Lane, a cul de sac interior to the subdivision. Transit service is available along both
"O" Stree! and 18'h Street with a bus stop at property directly east of the site.
9. The proposed final plat was reviewed by the City's Fire, Public Works and Utilities, Parks
and Recreation, and Community Development Departments.
] 0. Public notice of the subdivision preliminary plat application was published on March 9,
2003, in the Pe~insula Daily Nears and posled on the site and mailed to property owners
wJtbin 300 feet of the proposed subdivision on March 5, 2003.
11. The proposal has been reviewed with respect to the Comprehensive Plan. The subject
property is i denti fled as Low Density Residential (LDR) on the Port Angeles Comprehensive
Plan Land Use Map. The following Comprehensive Plan policies are found to be most
relevant to the proposal: Growth Management Element Goal A; Land Use Element Goal A,
Policy A.2, Goal B, Policies B.1-B.4, Goal I, Policies 1.1-1.4, Objective 1.1; Transportation
214
Planning Commission Minutes
Oclober 22, 2003
Page 5
Element Goal A, Policies A.3 and A.6; Utilities and Public Services Element Policy 2.C and
D.1; Housing Element Goal A; Capital Facilities Element Goal A, Policies A.2, A.9-A.11,
Goal B, Policies B.6-B.7, Goal C, Policies C.3- C.4.
12. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer
service, and electrical service (Capital Facilities Element Policy A.9).
13. The Comprehensive Plan recommends concurrency for solid waste collection, stormwater
management, lelecommurfications service, and emergency services (police, fire and
emergency medical response) (Capital Facilities Element Policy A. 10).
14. The City's Comprehensive Plan (Land Use Element Goal B) stales the intention to have a
community where residential development and use of the land are done in a manner that is
compatible with the environment, the characteristics of the use and the users, and the desired
urban design of the City.
15. The subject property is identified by the Port Angeles Zoning Map as Single Family
Residential (RS-9), which allows a density of up to 6.22 units per acre. The proposed final
plat drawing indicales that each of the 19 residential lots in the proposed subdivision will be
at least 9,000 square feet in size.
16. All required utility improvements including potable water, sanJlary waste, electrical, and
refuse collection have been provided lo the subdivision or are available in the area.
17. The Port Angeles School Distr/ct No. 121 serves the area, and school capacity is currently
not an issue with the present trend in declining enrollments.
18. The site is currently served by the City's Police, Fire, and Public Works Departments.
19. Building permits are required for all structures on any approved building lots. All local
Building and Fire Codes apply to any new construction on the subject property.
20. Clearing and grading pemaits are not required for any initial site development on siles less
than one acre in size and not designated as an enviromnentally sensitive area by the City.
21. The City's Slate Environmental Policy Act (SEPA) Official issued a Delerrninalion of
NonSignificance (DNS # 1023) on March 21,2003, satisfying the City's SEPA responsibility.
22. AIl necessary easements for access, drainage, and utililies are shown on the final plat.
23. The applicant shall participate in future improvements to 16~h Street by signing a no protest
agreement to the fomnation of and participation in a Local Improvement District (LID) for
the improvement of 16~h Streel.
24. The slormwater drainage improvements shall be installed per the City's Urban Services
Slandards and Guidelines. Storm drainage facilities shall be installed prior to or concurrently
with other infrastructure development.
2
1
5
Planning Commission Minutes
October 22, 2003
Page 5
25. Both 18th Street and "O" Street adjacent to this subdivision shall be improved to the center
line plus 10 feet to meet City standards.
26. The fire sprinkler system as required by the Fire Department shall be a condition of any new
residential building permit as shown on the face of the plat.
27. Electrical, telecommunications, and street lighting shall be installed by the Housing
Authority per the interlocal agreement between the Housing Authority of Clallam County and
the City of Port Angeles. All power lines serving this subdivision shall be installed
underground per City design and easement requirements.
28. Address numbers are identified and placed on the final plat as provided by the City.
29. Drainage facilities (piping and infiltration basin) are located on a separate tract and a utility
easement a minimum of 20 feet in width adjacent to property line has been created. The
infiltration basin shall be enclosed by a security fence if the drainage facility poses a threat
to public safety.
30. The City of Port Angeles and the Housing Authority of Clallam County have committed
through an interlocal agreement to secure the installation of all street and utility
improvements required for the final plat to the satisfaction of the City Engineer with a total
estimated cost of $395,713.
31. The subdivision will be developed in two phases with Phase 1 to include Lots 1 through 8 and
a separate lot that is not part of the Madrona Woods Subdivision.
32. The face of the plat shah provides a restriction that no occupancy of dwelling units shall not
allowed until all roadway and utility improvements have been completed and approved by
the City Engineer for each phase of the subdivision.
Conclusions:
A. The conditions of the Madrona Woods Subdivision were required by the Subdivision
Ordinance and necessary to implement the Comprehensive Plan goals and policies.
B. The site is zoned RS-9, which allows less than 5 units per acre and is intended to be for the
development of single family homes. The configuration of the proposed subdivision lots and
street layout conform to the desired urban design of the City for the RS-9 Zone. The subject
site is localed in an area with a grid street system and should be developed with low density
housing units to achieve the desired urban design of the City.
C. As conditioned, the final plat is consistent with the Comprehensive Plan and Zoning Code.
D. As conditioned, the final plat is in conformance with the Pon Angeles Subdivision
Ordinance, Chapter 16.08 PAMC, and the Washington State Subdivision Act, Chapter 58.17
cw. 21 6
Planning Commission Minutes
October 22, 2003
Page 5
E. As conditioned, appropriate provisions have been made for the public health, safety and
general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public
ways, transit stops, potable water supplies, sanitary wastes, parks and recreation,
playgrounds, schools and school grounds, sidewalks and other planning features that assure
safe walking conditions for students who only walk to and fi.om school.
F. As conditioned, the public interest is served in the platting of this subdivision as articulated
in the City's Comprehensive Plan, Subdivision, and Zoning Ordinances. The subdivision
provides for development of new homes within the City of Port Angeles consistent with the
Growth Management Act and beneficial to the City's tax base.
Commissioner Schramm seconded the motion which passed 6 - 0.
217
pORTANGELES
: ·
WASHINGTON, U.S.A.
October 7, 2003
MEMO
TO: Planning Commissioners
DEPARTMENT OF
COMMUNITY FROM: Sue Roberds, Assistant Plarmer
DEVELOPMENT
RE: Madrona Woods Final Subdivision
Brad Collins
Director
41%4751 The final plat for Madrona Woods Subdivision is attached for your review. Basically,
the plat has not changed from the original submittal which you reviewed in June, with
Sue Robe~ds the exception that we will be requiring that easements identified on the pla! are further
Assistant Planner identified as "private" or "public" rather than just "easements" and dedicated if they
417-4750
are public.
Scott Johns
Associate Planner The City is being asked to approve the subdivision prior to improvements being
41%4752 installed because the applicant, the Clallam County Housing Authority, is not able to
obtain funds until the final plat is approved. Since the final may not be approved
Roger Vess until improvements are in or bonded for, and without funds bonding is not obtainable,
Permit Teclmician an agreement has been drawn up between the Housing Authority's attorney and the
417-4712 City to approve the final plat with the condition that bonding be obtained within a very
Jim Lierly short, specified time period or approval will be withdrawn. That agreement is
Building Inspector receiving the final touches and will be completed prior to the Planning Commiss'on's
417-4816 October 8th meeting. An engineer's estimate has been submitted and bonding will be
required at 150% that estimate.
All conditions imposed by the Plamfing Commission in the March, 2003, preliminary
approval have been addressed on the final mylar or accompanying materials with the
exception of Condition No. 9. Condition No. 5 requires that fire sprinklers be a
condition of any new residential building permit but this information is not included
on the face of the plat. The condition is included in the conditions, covenants, and
restrictions (CC&R' s) that accompany the plat; however, as the City does not enforce
CC & R's, it is possible that the condition may be overlooked by a potential purchaser
or City reviewer. Having the information on the final mylar will head off such a
situation.
Following are the conditions imposed by the Planning Commission/City Council in
approval of the preliminary plat on March 26, 2003:
219
Conditions:
1. All necessary easements for access, drainage, and utilities shall be shown on the final plat.
2. The applicant shall participate in future improvements to 16th Street by signing a no protest
agreement to the formation of and participation in a Local Improvement District (LID) for the
improvement of 16th Street.
3. The stonnwater drainage improvements shall be installed per the City's Urban Services
Standards and Guidelines. Storm drainage facilities shall be installed prior to or concurrently
with other infrastructure development.
4. Both 18th Street and "O" Street adjacent to this subdivision shall be improved to the center
line plus 10 feet to meet City standards.
5. The fire sprinlcler system as required by the Fire Department shall be a condition of any new
residential building permit.
6. Electrical, telecommunications, and street lighting shall be installed or bonded per the Light
Division standards. All power lines serving this subdivision shall be installed underground
per City Light design and easement requirements.
7. Address numbers shall be identified and placed on the final plat as provided by the City.
8. Drainage facilities located on Lot 19 (piping and infiltration basin) shall be located on a
separate tract, and a utility easement, a minimum of 20 feet in width centered on property
lines, shall be created. The infiltration basin shall be enclosed by a security fence.
9. Proposed Lot 19 or other tract shall be improved as a play area per a plan approved by the City
Parks and Recreation Director, and the improvements shall be completed or bonded before
application for final plat approval.
STAFF RECOMMENDATION:
Staffrecommends that the Planning Commission forward a recommendation of approval of the final
mylar for Madrona Woods with the following condition:
1. Wording indicating that fire sprinklers are required for all residential structures in the
subdivision is placed on Page I of the final mylar.
Staff has been working with the Housing Authority under an extremely short time line to have this
information before you on October 8t~ and we apologize for the disjointed presentation. The City's
Attorney and Housing Authority's attorney have been out of town and we did not receive the
engineer's estimate until after they had ]eft so were unable to have this issue completely put together
for a smooth presentation. I will be available at the October 8th meeting to address whatever issues
you have questions on as we need to move forward to the City Council on October 21st in order to
assist the Housing Authority in obtaining their funding so that improvements can be made before the
weather becomes too severe.
220
WASHINGTON, U.S.A.
CITY COUNCIL MEMO
DATE: November 4, 2003
TO: CITY COUNCIL
FROM: MICHAEL QUINN~ CITY MANAGER
YVONNE ZIOMKOWSKI~ FINANCE DIRECTOR
SUBJECT: BUDGET HEARING ON REVENUE FOR YEAR-2004
Summary: The City of Port Angeles is required by RCW 84.55.120 to hold a public heating on
revenue sources for the coming year's budget in order to receive citizen output. There will be a brief
presentation by the Finance Director and City Manager. A copy of the Preliminary Budget is
available for citizen review.
Recomm6ndation: Conduct the Public Heating and consider public comments pr/or to the final
adoption of the budget currently scheduled for December 3, 2002.
Background / Analysis: In accordance with state statues, the Preliminary Budget was filed with
the City Clerk on November 1, 2003. In the interim, the Finance/Budget Committee of the City
Council met in four separate work sessions to review the revenue and expense impact of the Budget.
Before the final 2004 recommendations are made, the Budget Committee will have additional work
sessions in November to review the proposed budget. At this hearing, the public is invited to
respond and comment on their concerns for consideration in setting up any taxes, charges, and fees
as well as any specifics contained in the budget document.
The Public Hearing needs to include consideration of possible increases in property tax revenue. To
comply with Initiative 747, the maximum amount the regular property tax levy can be increased in
any year, by a simple majority vote of the legislative body, is the lesser of one percent or the rate of
inflation defined as an increase in implicit price deflator (IPD) for personal consumption
expenditures for the previous twelve months as published in September of each year by the Bureau
of Economic Analysis.
This is the first of several public hearings on the budget. This means that the preliminary budget is
constantly changing and the final budget presented for the Council adoption will be different. The
preliminary budget for 2004 sets forth a program of revenue and expenses totaling $74,463,461.
This is 9% more than 2003. Almost 10% of budget is supported by the use of reserves mostly for
construction projects in utilities. The graph below shows the City's revenue sources. The major
portion of revenue is from rate charges for utilities which represents 50% of all revenues. Taxes
represent 14% of citywide revenue, down from 15% in 2003.
221
This allocation changes in General and Street Funds. Taxes are the major revenue source in these
funds. They represent 59% of revenue sources however, in the last few years this trend is declining.
The majority of these revenues support public safety (53%), parks and recreation programs (18%),
and street maintenance (11%).
There will be a brief summary presentation by the City Manager and Finance Director on the City's
financial condition and on the revenue proposals.
Interfund City-Wide Revenue Sources
6%
Intergovernrnental
3%
Reserves
Interest Rev. Used
Loans/Misc. -- 6%
Fines & 4%
Forfeitures/License Taxes
& Permits 14%
1%
Charges fo~
Services
11%
Utility Collection
51%
General Fund & Street
Transfers
Fines & from
Forfeitures Misc. Other Funds
Charges for Services 2% 0% 5%
28%
Intergovernmental Reserves
2% Used
1%
Interest
Licenses Revenue
& Permits 1%
2%
Taxes
59%
2004 ReVenUe... vs. 2003 Budge:~
2004 Bud et 2003 Bud et $ %
TarK'es 10,719,593 10,$70,~5 349,048 3.37
Uceeses & Permits 365,670 2~,125 71,545 24.32/~
lr~ergovemmer~al 3,167,292 2,068,697 1,098,595 53.11
Fines & Forfeitures 275,000 243,000 32,000 13.17
C1~arges for Ser~ces 10,328,589 8,701,267 1,627,322 18.70
U~'lity Cotle~on 37,022,613 35,824,046 1,198,567 3.35 l~
Inte-e~ Reva~e 1,041,938 810,998 230,940 28.48i; I
Miscellaneous 97t,057 846,398 124,659 14.73 ~,*
Loens and Bonds 1,310,000 3,700,000 -2,390,~00 -64.59
Ir~rfmd Tra~ers 1,821,923 1,473,116 348,807
Resets'es Used 7,439,786 3,954,831 3,464~955 88.12
'Total Revenues
by Fund
Reserves
i Gev. Capital
Used General Fund
Proje~ 10% 19%
5%
Internal
Serv. Funds Spedal
; 8% Rev. Funds
O~or Funds
Total Revenues $74,463,46J~
By Sources ~ [~._~J
Interest RevJ 10%
Loans,'l~sc.
4%
License & Permits
9%
Charges for Semlces
6%
2
General Fund RevenUe
sOUrces $14,171,~:~. .~ .~1
Licenses & Permits
3% Intergovernmental
2%
Services
3O%
Reserves Used
Fines & Forfeitures
2%
Transfer .,~'~'-f~ f ~, q~ ~'~'~
1% 2% / '~ ' "' '~ -*"' ' ""
4
General
2004 2003 Variances
Proposed Budget $ %
Taxes 8,321,027 8,099,121 221,906 2.74
tJcenses & Permits 365,670 294,125 71,545 24.32
btergovernmental 268,084 218,434 49,650 22.73
Charges for Services 4,298,341 3,790,615 507,726 13.39
FLnes & Forfeitures 275,000 243,000 32,000 13.17
krmcellaneous 260,007 290,998 (30,991) (10.65)
Transfers from Other Funds 195,000 195,000 0 0.00
Reserves Used (Excess) 188,373 0 188,373 N/A
Total Revenue 14,171,502 13,131,293 1,040,209 7.92
GF Revenue
rrepertVTm(les r
Property Tax Limitations
-:- Lesser or'the· rate ofIPD~or ~] %'
':' $3.60 per $1,00OAv less Library
DistriCt levy (max at $0.50 per
$1,000AV)
6
Assessed . Valuation
· :. Estimated at
Assessed Valuation of Property
0
Property Tax Rates
What does this mean to the taxp~
with a 000 house?
IA.No increase in Assessed Valuation
8
What does this mean. to the taxpa~
B. 5% ~ncrease an Assessed Valuation and 1% increase in tax levy
Special Levy $680,828
9
General Fund- R~
Levy $2,844,215
-:. Largest revenue source
- 20% of all GF revenue
- 34% of taxes
-.'- In the last five years, increases were
below 1%
-.'- Only increase in assessed valuation is
due to new construction
...
10
SaleS Tax $ 2,245~000/~
Highly sensitive to:~
~Utility Taxes $2,
11
Other Taxes
-:- Telephone taxes at $462,000 are 4% or~:
$22,000 more than last year
,:- Gambling taxes $86,860
-.', Leagehold taxes $100,000
Intergovernmental $268
Liquor Excise tax and Liquor Board Profit
($177;112); $15K above last year's budget;
estimated at $9.61 per capita ($10,19 in
Elimination of MVET and Local I
Assistance
Criminal Justice $24,471 ($0.21 per capita)
Planning grant $25,000
OPNET $40,000 (new)
Licenses & Permits
Interest Revenue $130,!000
40O
3so Interest revenue
Is projected at
300 4% ($5,000)
~so More than in 2003
200
50
0
13
Interest Rates
5.5%
5.0%
4.5%
4.0%
3.5%
3.0%
2.5%
2.0%
1.5%
1.0%
0.5%
0.0%
I ~oo~ 2003 ] ::'
Fines and Forfeitures
$27 ,ooo
Fines and Forfeitures are budgeted at
$32,000 more than in 2003 and
include:
- Municipal Court fmes $240,000
- Parking ticket penalties $35,000
.%
i.
14
Charges for Services
Proposed Increases in
Revenues
NONE!!!
Street Fund $1,333,725
ral F~ ~
Support (including ) '
x,~roperty taxes- 49%//
4.61 distrib.
To Cities ~
Gas Taxes $382,238
16
Lodging Tax
Utilities $44,812,
2004
Utility Co,etlon (aat~s)
iiteiest
17
Solid WasterS:I
18
Electric Utility.Revenues
,312
Other
Revenue Reserves
O%
Rate
7%
bterest on
Investments
2%
Water $],4.50 base
+ $1.16 per 100 cuft
19
Wastewater $6,073,755
Bonds
&
10%
8%
O%
Solid Waste Revenue
I ~u~st,7oor~ l $5'394'696 tippin,
From reserves $76.80 per ton
20
Internal Services Funds
$6'2'79' 5'~ili
Technology
23-q% or $1.2M
IncreaSe
Internal ServiCes :Funds l
.:. Self-!nsurance $3,4i 01344
-28% medical
:
-:. Information Teclmolo
- Includes $60,000 for future
- Web design
21
Fine Art Center
CITY OF PORT ANGELES
COUNCIL GOALS - OBJECTIVES AND
DEPARTMENTAL PROGRAMS / PROJECTS
2003 - OUR COMMUNITY WORK PLAN
PROJECT UPDATE: OCTOBER
GOAL: FINANCIAL STABILITY
Provide consistent and quality' municipal services through the adequacy, utilization, attd
development of finaucial resources that maximize return on h~vestment, leverage of outside
sources, and equity for local taxpayers.
programs / Projects
l.* Pursue outside funding sources/grants for capital projects like the Downtown
Convention Center, Downtown Parking, planning phase of the Pool Renovation,
facilities such as the Fine Arts Center and Marine Life Center, Lauridsen Boulevard
bridge, Sth & Race signalization, Ennis Creek bridge, non-motorized improvements,
and the Carnegie Library renovation.
Application has been submitted for securing funds through TIB for the 8th &feet Bridge
Replacement Project. With this new program through WSDOT, we are hopeful that full
consm~ction funding can be achieved, although we will be responsible for at least 20% of the
design costs. Our applicazion for Phase II1 Watermains appears to have made the cut for
Public lJ:orks Trust Fund Loa~ a~d we are awailing i~formation on lhe Drip,king Water State
Revolving Fund requesr The Police Department has secured funding fi'om the Port for
enha~wed security patrol at the Airport; and has secured the 50% funding commitment
through OPNET for the dedicated new officer position to the drug task force.
2.* Evaluate the equipment replacement fund and develop a strategy for managing essential
equipment, especially fire apparatus and heavy equipment.
223
As part of the 2004 Budget and the impact of the Third Party Billing, this item will be
developed for the 2OO4 Budget. Our Equipment Rental Manager is also working toward a
plan of renewal in this area. The Budget for 2004 incorporates increased rental rates for
equipment to move us toward full-cost replacement.
3.* Reduce sentencing recommendations and expand alternatives to jail such as home
monitoring, community service, detention, and other programs as feasible.
No change from last report.
4.* Institute year-round budgeting with au emphasis on performance and results to
effectively man age, provide, and/or outsource services.
The Preliminary Budget is now complete and due for distribution and review. In terms of
year-round budgeting, we have only instituted management review with the aid of our new
HTE computer system. We anticipate increased efforts in this area next year.
5.* Implement the Reporting, Budgeting, Utility Billing, Accounting, and other modules of
the HTE financial system.
In June we proceeded with the implementation of the planning, zoning, and code enforcement
portions of the financial and permit monitoring software. In addition, a preliminary proposal
to deal with the improvement of the web-page and e-government applications is being
formulated as a trial experiment to better these applications with existing City staff The basic
modules are in place and trah~h~g has been accomplished. COMPLETE.
6. Participate and support the formulation ora Criminal Justice 1/10th of I% Sales Tax
initiative in Clallam County dedicated toward emergency communications support.
Staff and volunteers have formulated factual information and presentations have been made
to community groups via volunteers.
7. Update and improve the results for third party billings associated with Medic One
transports.
The Fire Department has implemented a proposal for initiath~g third party billings without
the need to bill the patient due to the offset of the Medic One charge based on recent federal
directives. A contract for the billing has been enacted and we are meeting revenue
projections al this IDne.
8. Evaluale changes to the business license regulations.
This item is being actively reviewed with the CED Committee. One of the areas being
researched is using "Click-to-Gov" applications.
9. Market the Senior Center and increase membership by 3%.
Through the first half of the year, membership is up 7%.
10. Develop and secure additional sources of revenue to enhance the Fine Arts Center
Budget.
-2-
224
The Friends of the Fine Arts Center cook book was scheduled for publishing in September,
and is now ready as an on-going fund raiser. The Board is currently looking at contracting
for a person to do fund-raising and provide grant support.
11. Implement the new financial reporting model required by the government Accounting
Standards Board (GASB-34).
This project was implemented by dune 1, almost a year ahead of schedule; and the 2002
Financial Statements were converted to GASB 34 compliance. COMPLETE.
GOAL: INTERGOVERNMENTAL RELATIONS
Promote communications, legislative htfluence, and agency cooperation with all public eutities on
the ~rorth Olympic Peuinsula, as well as State, Federal, and Tribal agencies which hnpact our
community and environment.
1.* Develop a Revenue-Sharing Agreement with the County covering the Urban Growth
Area of the City that enables urban services ~o be expanded with revenue from the
service area.
No Report.
2.* Coordinate and support Elwha water mitigation efforts through agreements with the
National Parks Service, Lower Elwha Tribe, and other agencies.
The City has redrafied the MOU as a General Agreement and forwarded to the National
?arks Service. The main concern at this time is the water capacity need of the Lower Elwha
JClallam D'ibe for fishery needs wlffch has caused a delay h~ finalizing th~ agreement.
3.* Actively participate in agency coordination for Homeland Security issues.
The Fire Department has worked closely with a regional consortium submitting a $6M grant
a]~plication for interoperable communications.
4.* Pursue lnterlocal Agreements for urban services in the UGA with other local agency
and service providers.
The City Council adopted in dune a new Comprehensive Plan objective to encourage the
225
extension of City services to our UGA.
5.* Incorporate City Standards into the UGA regulations with other agency and service
providers to promote more consistency and efficiency in operations and services.
No change fl'om last report.
6. Obtain the annual renewal permit for landfill operations and continued execution of the
Wildlife Hazard Management Plan.
The permit was executed and the wildlife contract with USDA was renewed, COMPLETE
7. Work with the Lower Elwha Klallam Tribe to install a "protection totem" at the Dream
Playground in Erickson Park.
The Dream Playground Foundation held the Jst Annual Dream Playground Community
Picnic on September .14th fi-om 11-3 at Erickson Park. The Protection Totem was unveiled
at this event. C031PLETE.
8. Partner with Peninsula College to assist with the renovation of the City Pier restrooms
in a pilot project to develop new composite materials for use in commercial applications,
This project is on hold pending the development of a Marine Trades Composites program
through the Skill Center.
9. Reevaluate our ability to participate in the Olympic Peninsula Narcotics Enforcement
Team (OPNET).
An agreement has been reached which calls for OPNET to pay ~ of the salary and benefits,
plus all expenses related to travel, training, and equipment for an assigned Police Sergeant
position. The City would also apply for a grant to largely offset our support costs for this
dedicated position as well. This contract was addressed at the !0/7/03 Council meeting.
COMPLETE.
10. Coordinate with Clallam County staff to develop a strategy for efficient telephone
services amongst the two agencies.
Capacity Provisioning]nc. (CPI), under the requirements of the WAN agreement with the City
is preparing a proposal for Voice over Internet Protocol.
-4-
226
GOAL: QUALITY MUNICIPAL SERVICES
Organize and provide municipal services that are oriented toward meeting the needs of our
citizens, effectively utilizing available resources, and achieving improvements in our community's
quality of life.
Programs / Projects
1.* Revise and update the City development regulations with an emphasis upon
understandability, reduced bureaucracy, and stimulation of development.
The CED Committee is worMng on revisions to the Parking Ordinance as well as Nuisance
£nforcement. Our Low-Cost Developmo~t Standards have been favorably received by the
majority of the development community.
2.* Coordinate "one-stop" organization for special event permitting.
Staff has developed a model for coordination with other event coordinators and interested
community groups that has worked successfully on several projects including the Northwest
Games and the Juan deFuca Festival. Staff considers this an on-go#~g part of our
operations and is complete as a special project coordinated through the Recreation staff.
COMPLETE
3.* Complete the replacement of the Fire Department roof and evaluate the structural
integrity of the building.
The contract for repairing the roof was awarded by the Council on 9/16/03, and a separate
contract for relocatb*g the communication antennas was awarded 9/30/03. Work has not yet
commeuced due to the contractor's difficulty in securing the services of a qual~ed
subcontractor for the roof installation.
4.* Readdress the Stormwater Utility proposal and develop a funding program option that
improves our stormwater service responsibilities.
Based upon a recent discussion at U~C, the staff is working on a revision to the utility
concejvt that emphasizes a project-oriented a]~l~roach, and is scheduled for later in
November.
5.* Replace major portions of the concrete water main transmission service.
With the failure of Vision Builders to obtain a performance bond, this project will be
readvertised for bid later this year.
6. Construct the Peabody Heights reservoir cover.
The project is now finished in terms of construction. COMPLETE.
7. Commence Co-Composting Operations Plan and beneficially utilize compost at City
227
facilities.
T]~e facility is operational with the Summer start of increased yard waste. COMPLETE.
8. Replace the Spruce & McDonald Street Fire Pump Stations.
Design is in progress with project bid anticipated in 2004.
9. Conduct and evaluate the WRICOPS study and recommendations of police services to
promote organizational effectiveness.
The WRICOPS assessment was conducted in April, and a full report has been submitted to
the Police Department for review. This information will enable us to better evaluate our
community-oriented policing policies and better utilize our police resources in service to our
community.
10. Initiate the long-term plan for converting the landfill to a transfer station operation.
Discussions continue with the various agencies, and interlocal agreements are being
developed. ~t draft agreement has now been developed and we are expectingfeedback fi'om
the County in November.
ll. Complete the 300 gallon to 90 gallon conversion program for residential refuse
collection.
The conversion in the field is now complete. COMPLETE.
12. Design and construct the oil storage warehouse facility for Light Operations.
Coltxlrucliotl ]las comnTeneed with anticipated completion ]flier lhi$ year.
13. Perform soundings and conduct a marine survey for the City Pier.
A consultant has been selected and a contract is under development.
14. Construct the project to re-conductor Valley Street.
Project construction is now finished. COMPLETE.
15. Reduce combined sewer overflows impacting wastewater pump stations #1&3.
The design study for cleaning the pressure thee to improve flows has commenced.
16. Design and build a slorage shed for finished compost at the landfill site.
Parametrix ]nc is pe¥orming the design services with an anticipated construction in 2004.
17. Repair the leachate pump station at the landfill.
F/~e project has now been finished in terms of construction. COMPLETE,
18. Design the project to stabilize the sea-bluff at the landfill.
This project was not selected for funding through EPA, and we are reevaluating the design
a~d proposed course of action. Permits are being planned for action.
-6-
228
19. Construct the first phase of a 3-phase project to replace the electrical underground
service to the Ehvha pump station.
The project has been awarded and construction commenced.
20. Conduct an Efficiency Review for the Equipment Services Division.
The Equipment Services Manager is now on staff and will concentrate on this task for 2004.
21. Increase volunteer staffing to ensure the safety and effectiveness of emergency
operations.
The Police Department has increased the number of active volunteers from 12 to 15 this
year. We will be the host for the 2004 Reserve Officer Academy, and we are accepting
applications to increase our reserve complement of four officers.
22. Develop a Quick Responder Program for volunteer firefighters to improve EMS
experience.
The Fire Department is working to implement a "Quick Responder" program with the
volunteer firefighters to rotate into hands-on emergency medical training opportunities via
hwident calls. The guidelines have been finalized and bnple~nentation will currently
commence.
23. Update the fire hydrant map and integrate identification with Public Works.
Field checking and final mapping is now complete. COMPLETE.
24. Develop new recreation programs in the areas of youth, sports, special events, and
aquatics.
Play Zone opened as a drop-in program for parents and their pre-school age children at the
b'ern Burton Center on Monday and Wednesday mornings. We provide play equt~ment and
motor development toys for their use. In addition, the Second Annual Forest Frenzy was
held for 60 bicycle Oders on the Olympic Discovery Trail from Port Angeles to dohn Wayne
Marina.
25. Establish and implement a Waterfront Action Team of Volunteer Assistance.
The Waterfront Ambassador program is complete for 2003. Nine volunteers donated over
300 hours in assistance. The program for 2004 will re-start in May. COMPLETE.
26. Institute a closure plan for the Lincoln Park Campground.
A closure plan has been completed with only intermittent use retained in association with
special events at the Park. COMPLETE
229
GOAL: EMPLOYEE EXCELLENCE
Expand programs and policies that enhance the work environment, stimulate employee
performance, aud promote customer service to assure the provision of quality municipal services
and prepare our employees for the future challenges in municipal government.
1 .* Finalize outstanding labor contracts with an emphasis upon resoh'ing the level of medical
co-payment between the City and employees.
Negotiations continue with all of our outstanding labor contracts. ~Ve have been certified for
]nterest Arbitration with IAFF concer~*ing our Firefighter contract. Contracts with ]BE l'V and
with AFSCME perso~mel have reached tentative agreements and are awaiting ratification.
The remaining contract with the Teamster Non-Sworn unit is 19rogressing well at this time.
2.* Formulate an Information Technology Strategy oriented toward improving the working
environment and performance of our employees.
No Report.
3.* Conduct six training workshops for employees through contract with Peninsula College
for the Leadership/Training Academy.
No change from last report.
4.* Continue the Wellness Program for employees concentrating on healthy lifestyle choices
and evaluate the program's effectiveness.
This program is a continuation of subjects to emphasize healthy habits for our employees, as
,a;ell as offer fun activities that reinforce a healthy lifestyle to reduce medical costs and time
loss. As you loiow, the program recently won a merit award from A WC and we are pleased
with the current results and particiIJation by employees. COMPLETE.
5.* Update the City's Personnel and policy/procedure manual.
No Report.
-8-
230
GOAL: COMMUNITY DEVELOPMENT
Develop policies attd promote implementation measures that enact our Comprehensive Plan,
preserve the character of our commuuity, attd provide the necessary public facilities and
infrastructure consistent with our vision for the future.
1.* Prepare a "Domestic Terrorism Vulnerability & Threat Assessment Plan" of operations
and risk assessment for our community.
Our Emergency Services personnel are wor!a'ng with other agencies to develop this threat
assessment plan. Staff has atlended sessio~s with federal agencies concerning Homeland
Security, and local agencies just recently conducted a disaster exercise at the airport.
2.* Update the Comprehensive Plan for Parks, Open Space and Facilities.
A draftplan has now been developed and is undergoing staffreview.
3.* Complete the Carnegie Library improvement project and partner with the Historical
Society for museum operations.
Construction is proceeding on schedule for the interior, and we anticipate Spring 2004
completion to finish the additional restoration items authorized per use of the grant funds due
to the extended time for specialty work items and our coordination with the Historical Society
per the lease agreements recently adopted by the Council.
4.* Reactivate the Morse Creek Hydro Facility via lease with prh,ate sector and complete
environmental reviews.
Staff has sent a letter to FERC requesth~g assistance with h~stream flow issues, and a meeting
of involved parties is scheduled for November 4th.
5.* Finalize UGA annexation recommendations pending State Legislative action to deal with
the loss of the petition method of annexation.
SSB5409 was approved and allows for cities to annex non-residential land if owners of at
least half the acreage agree; and to annex residential land if both the following and half the
registered voters agree. This will allow us to proceed, but will likely require a vote for an
area-wide annexation as we previously contemplated. Small annexations of commercial
property that do not constitute a strip zone of annexation may be accomplished through the
modified petition. A more favorable bill to allow annexation for utility served areas failed in
the Legislature.
-9-
231
6. Construct Laurel Street slope stabilization project.
The wall construction is COMPLETE.
7. Reevaluate the requirements for the Southeast reservoir for the high zone system with
the cooperation of Clallam PUD.
Currently, DOH is review&g the proposed plan by PUD.
8. Expand the UGA to the Deer park area.
The Council recently adopted a Co~nprehensive Plan objective supporting this direction.
9. Replace the play equipment at Lions Park.
The P.A. Lions Club has agreed to adopt Lions Park as a neighborhood park partner. They
will be working with the neighbors to develop an improvement plan and begin funding efforts.
10. Reduce the combined sewer overflow discharges into the Port Angeles Harbor.
Staff is currently working on designs for Gateway and the Convention Center. The Lincoln
Street separation project is almost complete.
11. Renovate Lincoln Fields 1 &2.
Staff has replaced grass and olher field improvements for drainage, etc. COMPLETE.
12. Improve stormwater discharge at vicinity of Crown Park.
Project is under design and will be combined with the Pump Station #1 elimination project.
Construction is anticipated for 2004.
13. Commence the design effort for the 8th Street Bridge Replacement Project.
Consuhant selection has been completed and contract negotiations are underway to define the
scope of work and associated fees.
14. Exlend the electrical service to unserved areas around the Fairchild Airport.
Negotiations with the PUD for obtaining i~'astructure has commenced.
15. Update lhe Shoreline Master Program in accordance with GMA compliance.
The need for this action has been delayed since the Legislature changed the requirements for
update fi'om 2004 to 201 ] in our case, although we have the option to implement sooner than
the requirement.
16. Complele the \Valershed Management Plan.
City input still raises the concerns on the impact of'fish triggers" and Morse Creek minimum
instream flows.
17. Construct a traffic signal at Fifth & Race.
The street and utilities portion is done and we are awaiting delivery of the traffic signal. The
pole assembly has now been installed.
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232
I8. Certify the Port Angeles Comprehensive Plan as consistent with the Regional
Transportation P}an.
Director Collins sits on the review panel for the Peninsula RTPO Subcommittee for
Cert~cation and will update us on this progress over time.
19. Provide utility support infrastructure to the proposed "Welcome" sign on the north side
of Highway 101 entering Port Angeles from the east.
In cooperation with Andrew May and Jackson Smart, we are proceeding toward a plan to
install an improved "Welcome" sign at the location south of Thurman 's. A preliminary design
incorporating a natural terrain look with mountain and water elements is being reviewed by
staff The preliminary estimate is $35,000 with part by the City and part by community
donation.
20. Update the Comprehensive Plan for the East Planning Area and UGA.
The City Council adopted new policy support for extension of the UGA. COMPLETE.
GOAL: ECONOMIC DEVELOPMENT
Sttmulate the communtty s economy through a combmatton of poltctes and programs whtch
diversify the economic base, support the community and resource-based activities, provide adequate
infrastructure and support, promote the opportunities for high technology and innovative
applications for our business and industrial base, attd establish the eolnlnlltIity's prominence as the
service and activity center of the North Ol),mpic Peninsula.
Programs / Projects
1.* Coordinale with WSDOT and the Port of Port Angeles on the development requirements
and operating needs associated with the construction of the Graving Dock Facility.
All Departments are working closely with this project with the major emphasis at the moment
being the site disposition for the excavated soils and the archeological handling of the human
remains found on the site. It appears that the parties are working together on a plan for
resolving the issues and proceedingfotn,'ard to restarting construction.
2.* Activate the Institutional Fiber Optics Network and expand broadband service capability
within the communiD'.
The network has been activated and CPl is actively seeking ch'ents for broadband and internet
services. COMPLETE.
3.* Coordinate the construction of the International Gateway Project with Clallam Transit.
This project is currently under design change to incorporate the additional lids for parking
at the site, a reconfiguration of the Chamber office building, and flow-through design of
transit operations. The property acquisition element is still under negotiation; and the
associated recommendations from the Downtown Parking Committee will require a significant
downtown contribution for inclusion in the project. This last element is receiving the bulk of
staff time to incorporate a revised financing plan for the downtown on this project.
The Gateway Review Committee has been instrumental in achieving consensus on the current
design concepts.
4.* Analyze the feasibility and economic impacts of a Recreation Complex at Lincoln Park
invoh,ing an ice rink, indoor soccer, multi-purpose facility, and aquatic center.
As ~art of the CFP process, the Council authorized $30,000 for consultant work on a
feasability analysis for this complex including the potential inclusion ora swimming pool. The
scope of work for the consultant is currently being prepared.
5.* Coordinate with Westport Ship Building on facility requirements associated with their
development project.
This project is under construction and staff is working closely with the developer to resolve
any issues that arise in a timely manner. Construction is expected to be complete by Winter
2003.
6. Market DelGuzzi property and develop a business plan for use.
Staff is working with another realtor developing a marketing plan for the property, and will
be reviewing this plan with the Real Estate Committee. A minor clearing contract has been
authorized to define the seven lots in phase ~ A revision to the preh'minary plat may be needed
for lot reconfiguration in the future.
7. Assist the Holel/Conference Center developer in the Shoreline Appeal process and
satisfaction of all associated regulatory requirements to enable successful construction.
The City Attorney led a consortium of attorneys in a defense of the project appeal before the
Shorelines Hearing Board. The Board gave a favorable S-1 decision supporting the applicant
a;~d City. Those appealing the decision have now withdrawn their appeal and we are awaiting
the developer's progress with financing.
8. Formulate a business plan for parking alternatives downto~'n and recommend a course
of action that improves parking capacity, convenience, and circulation within projected
The Downtown Parking Committee has presented its recommendations to the City Council at
a special meeting held Apri129th. These recommendations were adopted, and the Downtown
Association has held additional meetings in May to present to downtown merchants. The plan
has been favorably received as comprehensive since it deals with parking across all sections
of downtown, provides geographic location, and adds amenities such as the waterfront
promenade to enhance the image of dowt~town. The challenge is that $]-2 million is required
fi'om the private sector downtown to accomplish the full project scope over time. A financing
proposal was presented to the City Council and Transit Board. Work is proceeding with the
various components.
9. Support the Clean-Up Action Plan for the Rayonier site.
The Remedial lnvestigation Feasibility Study has been through a public comment period. The
Planning Commission approved a shoreline permit for clearing and grading the mill site to
remove existing concrete slabs and accept potential fill fi'om the graving dock site.
10. Evaluate the marketability and economic impact of the Port Angeles Fine Arts Center
in the community.
Records of visitation are now being taken and evaluated on a tourism model for developing
new market strategie&
11. Analyze the feasibility and economic impacts of a Recreation Complex at Lincoln Park
involving an ice rink, indoor soccer, multi-purpose facility, and aquatic center.
On September ]2th a telephone conference with the consultant was held to review current
information. In addition, a pool survey on location preference was conducted and will be
added to the analysis. A preliminary report is being formulated.
12. Develop a financing plan for the proposed sewer extension project through the eastern
UGA.
The County has agreed to fund a feasability study at a cost not to exceed $] 00, 000.
13. Support the Economic Development Council's efforts in fostering "Industry Clusters"
for economic development.
No change fi'om last report.
14. Review and recommend Low-Impact Development Standards.
The City has adopted revised standards in the areas roadway standards, storm drainage
alternatives to include bio-swales, sidewalk/trail modifications, and allowance for septic
systems in shortplat developments with certain qualifications. The staff is working on a
companion standard mod~cation concerning parking.
GOAL: COMMUNITY LIVABILITY
Protect, preserve and enhance the quality of living within our community which fosters a
con,uitmeut toward excelleuce itt environmental, cultural, social, and physical benefits to our
citizens.
Programs / Projects
1 .* Promote the expansion of the Olympic Discovery Trail through the cooperation with the
Peninsula Trails Coalition, Clallam County, and other stakeholders; especially that
portion adjacent to Valley Creek.
The contract to pave the eastern section of the Trail from Rayonier to the Morse Creek area
has been awarded. The western portion of the trail has been improved as part of the efforts
on Valley Creek.
2.* Reduce youth-related crime in the downtown area through increased intelligence,
intervention, and other problem soh,ing responses.
The Police Department has organized five officers into a special community-oriented policing
project downtown to identify special concerns of this area. Virtually all of the businesses were
contacted and the primary concern has focused on bicyclist and skateboarders. The
department will formulate a strategy for mitigating these concerns as best as possible.
3.* Continue Watershed Planning efforts with planned agencies and coordinate with local
committees such as WRIA 18, EMMT, and LEG to seek regulatory compliance.
No change fi'om last report.
4.* Evaluate the feasibility of a public skate park for area youth.
The Skate Park Committee met in September and are currently working on a promotional
video for the facility.
5.*. Construct a septage system at the WWTP in cooperation with Clallam County to serve
County residents and reduce harmful environmental impacts.
Septage is being received at the kVWTP via a temporary setup. Ariel' a few months operation
we will review for permanent facility modifications.
6. Expand the Downlown Flower Basket Program in partnership with the business
community.
A recognitionplaque has been installed at the Laurel Street fountain aclmowledging the Port
:q ngeles Rotary's contribution for hanging baskets at this location. Staff is also wateringplants
at one PBIA lot do~:ntown as a new and expanded service.
7. Increase recreation program participation by 3%.
Coed softball has 19 teams at a l 1% increase, and overall participation in recreation is up
9%.
8. Assess the impacts of fluoridation on our drinking water system.
The Department of Health has approved fluoridation for the City's system, l~e are working
on a final agreement for the project with the WA Dental Service Foundation and review of a
SEPA checklist developed by Adolphson Associates has now been completed with the issuance
of a Determination of Non-Significance.
9. Incorporate the neighborhood planning process into our comprehensive planning
strategy.
Preparations for the start of the Phase 3 Comprehensive Plan are underway focusing on the
westsideplanning areas as neighborhoods. Our Parks Plan has also divided the City into sub-
areas for sera, ices which we are looking at coordinating into a neighborhood definition.
GOAL: COMMUNITY RELATIONS
~Enhance citizen - government communicalion in order loprolnole a more responsive and accounlab]e
municipal organization which functions with understanding and supj~ort for its constituency.
1 .* Update the City's website information and format.
The Ad Hoc Committee on Web Page Standards has formulated a list of prioritized
recommendations for improvement, and are currently evaluating cost impacts. A trial program
of reassig~ing staff to make such improvements to the web-page is beb~g formulated for this
2.* Support the Community Multi-Cultural Diversity Task Force, as organized by the Mayor
and other community leaders, in formulating final community recommendations.
No change fi'om last report.
3.* lncrease the use of the Internet for financial transactions and information through the
implemenlation of the "clic-to-gov" system.
This project is on hold awaiting the full training and use of the financial modules on HTE and
the improvement of the web-page.
4.* Increase the public programming and informational contributions by the City on Channel
21, especially in the areas of consumer safety and emergency preparedness.
A citizens committee is working with staff on ajglan to improve the cal~abilityfor Channel 21
equi~oment for improved access to municit~al affairs, and we are interested in expanding
WebPage capability as well.
5.* Improve performance measures and increase citizen input into the annual budget process.
No Re]~ort.
6. Ex'aluate the implementation schedule of installing public access equipment in 2004 per
our cable tv franchise to broadcast public meetings.
Staff has met to discuss the advanced implementation of an equipment schedule to coordinate
this t~ossibility. It currently is still under review and subject to budget funds availability.
PUBLIC WORKS PROJECT STATUS REPORT FOR OCTOBER, 2003
CHANGE ORDERS FOR ACTIVE CONSTRUCTION PROJECTS
(COSTS SHOWN INCLUDE APPLICABLE TAXES
PROJECT BUDGET ORIGINAL PREVIOUS CHANGE REVISED
TITLE CONTRACT CHANGE ORDERS CONTRACT
AMOUNT ORDERS THIS AMOUNT
MONTH
Carnegie Library, 97-08 $1,205,953 $957,346.03 $214,385.43 $0.00 $1,171,731.46
Peabody Hts., Cover, 00-26 $400,000 $319,034.19 $42,626.47 $0.00 $361,660.66
5'h/Race Signal, 01-10 $286,000 $246,623.00 $11,204.29 $0.00 $257,827.29
Fire Sra. Roof Rep. 02-02 $450,000 $352,459.88 $0.00 $0.00 $352,459.88
2003 Sewer Rep[ 02-23 $150,000 $116,436.18 $0.00 $0.00 $116,436.18
Olympic Discovery Trail, $227,000 $208,410.31 $0.00 $0.00 $208,410.31
99-19
8th St. Bridge Repairs 03-10 $50,000 $30,051.00 $0.00 $0.00 $30,051.00
2003 Tree Trimming 03-14 $30,000 $30,000.00 $0.00 $0.00 $30,000.00
Install Circuit Switchers, $200,000 $183,074.40 $0.00 $0.00 $183,074.40
01-27 & 29
Ehvha UG Rebuild, 02-11 $220,000 $206,689.05 $0.00 $0.00 $206,689.05
Oil Storage Warehouse, $150,000 $127,676.00 $0.00 $0.00 $127,676.00
01-21
Downtown Signals, 03-01 $650,000 $310,368.00 $0.00 $0.00 $310,368.00
PUBLIC WORKS CONTRACTS/PURCHASE ORDERS APPROVED BY CITY MANAGER
(COSTS HOWN INCLUDE APPLICABLE TAXES)
CONTRACTOR Project- DESCRIPTION AMOUNT
OR VENDOR PO #
Primo Construction 03-20 Emergency Slide Removal, Waterfront Trail $7,400.00
UPCOMING PUBLIC WORKS CONTRACTS
(NEXT 30 DAYS ESTIMATED DATES SHOWN )
PROJECT ADVERTISE BID START END
TITLE FOR B1DS OPENING CONSTRUCTION CONSTRUCTION
Entrance St. Trees 03-19 October October 27
N:\PWKS~EN G INEER\M G RRPTxChange Orders 2003\co 10-03 .wpd
239
PUBLIC WORKS GRANT & LOAN APPLICATION STATUS REPORT
OCTOBER 2003
Project Description Project Total Cost Grant/Loan Grant Match or Award Status [
Source & $ Loan Data Listing
Downtown $2,600,000* PWTF Loan Loan Match: $400,000 Aug. Listed for
Watermains, Phase $2,200,000 Loan Rate: 0.5%, 20 Yrs 2003 Funding
III, WT30-99
Downtown $2,600,000* DWSRF Loan Match: None. 1% Fee added to Nov. Listed for
Watermains, Phase Loan loan amount. 2003 Funding
111, WT30-99 $2,171,500 Loan Rate: 1.5%, 20 Yrs
8'h Street Bridge $1,913,428'* TIB AIP Grant Match: City 10%, $191,342; Nov. Submitted
Repl., TR01-01 Grant BRAC Balance, $1,113,750 2003
$608,336
Park St. Race to $660,000 ($187,500 TIB PSMP Grant Match: 20%/$37,500. $15,000 Nov. Submitted
Liberty Sewer & Sidewalk) Grant City Street, $15,000 from wastewater 2003
Sidewalk, TR02-00 $150,000 utility, $7,500 in kind design/const.
labor.
16'h St. Sidewalk, $240,000 TIB PSMP Grant Match: 37.5%/$90,000. $25,000 Nov. Submitted
Phase 1 Stevens to Grant sidewalk pgm., $20,000 School Dist., 2003
"F", TRI 0-00 $150,000 $15,000 in kind design/const, labor &
$30,000 unknown.
16th St. Sidewallq $260,000 T1B PSMP Grant Match: 42.3%/$110,000. Nov. Submitted
Phase Il "F" to "l", Grant $25,000 sidewalk pgm., $20,000 School 2003
TR09-00 $150,000 Dist., $15,000 in kind design/const.
labor, & $50,000 unknown.
Includes funds for Laurel Sidewalk. Structural Sidewalk will require an estimated $200,000 additional funding. DWSRF will require separate
funding (in the amount of $350,000 to $550,000) for Laurel Sidewalk since no water lines are involved.
** Adds corridor improvements and bridge widening to bridge replacement project.
PWTF: Public Works Trust Fund
DWSRF: Drinking Water State Revolving Fund
TIB, AIP: Transportation Improvement Board, Arterial Improvement Program
TIB, PSMP: Transportation Improvement Board, Pedestrian Safety and Mobility Program
T1B Review Status
A total of 385 applications were received for TIB's FY 2005 Call for Projects which closed on August 29% 2003. The TIB Project Engineers
are currently completing the desk reviews of the submitled applications and will begin field reviews very soon. This process will take lhe T1B
Project Engineers throughout lhe state to eva]uale each project thoroughly in order to make a recommendation to the TIB Board at the
November meeting in Tacoma.
N:\PWKSLENGINEER~v]GRRPT~Grants & Loans 2003\Grants & Loans 10-03.wpd
240
MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
October 8, 2003
7:00 p.m.
ROLL CALL
Members Present: Bob Philpott, Fred Hewins, Fred Norton, Jack Pittis, Linda
Nutter, Leonard Rasmussen
Members Excused: Charles Schramm
Staff Present: Brad Collins, Sue Roberds
Public Present: Pam Tietz, Michael and Melinda Szatlocky, Bruce
McCoppen, Alan Carman, Susan and Ed Bauer, Roger
Easling, Commie Christensen
APPROVAL OF MINUTES
Commissioner Pittis moved to approve the minutes of the September 24, 2003, regular meeting
as presented. The motion was seconded by Commissioner Norton and passed 4 - 0 with
Commissioners Hewins and Philpott abstaining due to absence at the meeting.
PUBLIC ItEARINGS:
Chair Nutter opened the public hearing port/on of the meeting and indicated that those who testify
must sign in and affirm that their testimony will be truthful to the best of their knowledge.
BINDING SITE IMPROVEMENT PLAN - BSIP 03-01 - PORT OF PORT
ANGELES, I600 - 1700 Marine Drive: A proposal to create four lease lots from a
15.5 acre parcel o£industrially zoned land.
Assistant Planner Sue Roberds reviewed the Department StaffReport recommending approval of
the proposal and responded to questions regarding access to the proposed lease lots and the site in
general. Chair Nutter opened the public hearing.
Susan Bauer, Planning and Environmental Manager for the Port of Port Angeles, 3 3 8 East First
Street, PortAngeles, concurred with staff s recommendation and further explained access points and
circulation issues for the lots and the site in general.
In response to Commissioner Hewins, Ms. Bauer indicated that clean up of the shoreline area at the
north edge o£the property has not been completed but the Port is moving £orward with the work.
There being no further questions or testimony, Chair Nutter closed the public hearing.
241
Planning Commission Minutes
October 8. 200.t
Page 2
Considerable discussion took place with regard to the ability of large trucks to negotiate the turn into
proposed Lease Lot 2 located at the north end of the 30-foot access easement as shown on the map.
It was determined that although the identified turn area/access is tight, there will likely not be fences
on the site and if the City's Fire Department does not have a concern with the access, it should not
pose an insurmountable problem.
The property is under a single ownership and the Port will have some oversight in the matter. It was
determined that this issue should be resolved prior to final of the BSIP mylar and with that in mind,
Commissioner Hcwins moved to approve the preliminary BSIP citing the following ~:onditions,
findings, and conclusions:
Conditions:
1. Legal descriptions for the four lease lots shall be provided on the final mylar.
2. Lease lot addresses shall be placed on the final mylar as: Lease Lot 1 - 1639 Marine Drive;
Lease Lot 2 - 1701 Marine Drive; Lease Lot 3 - 1705 Marine Drive; and Lease Lot 4 1631
Marine Drive. Address identification shall be placed at each lease lot to the satisfaction of
the City's Fire Department.
3. Ston~water drainage meeting the requirements of the City's Urban Services Standards and
Guidelines shall be developed as required by the City's Public Works and Utilities
Department.
4. The final BSIP shall provide an adequate turning radius within the easement for access to Lot
1 by Port Angeles Fire Department vehicles.
Findings:
1. On August 22, 2003, a binding site improvement plan was submitted by Zenovic and
Associates on behalf of the Port of Port Angeles to allow the development of 4 lease lots on
a 15.5 acre parcel of Industrial, Heavy zoned property located in the 1600- 1700 block of
Marine Drive.
2. The subject property is identified as Industrial on the Port Angeles Comprehensive Plan
Land Use Map and is legally described as Parcel 2 of Short Plat SHP 03-02 which is a
portion of Tract "F" James Sampson Donation Land Claim, Blocks 133 and 134,Townsite
of Port Angeles, and Blocks 15 and 16, Tidelands west of Laurel Street, and Port Angeles
Harbor. The site accesses Marine Drive from a common gate area on Marine Drive that is
shared with the Washington State Department of Transportation graving dock use located
on Parcel 1 of the short plat. All lease lots in the binding site improvement plan (BSIP) are
provided access through a 30 foot easement which is part of Lease Lot 4. "K" Street north
of Marine Drive has been vacated and is part of Parcel 2 of the underlying SHP 03-02 but is
not included in the BS~ as it is currently being utilized by the neighboring property owner
Nippon Paper Industries.
242
Plann&gComm~sl'onMinute~
October 8, 2003
Page3
3. Property to the south and west is owned by the Nippon Paper Industries. Directly south
property is owned by the Port of Port Angeles. East is property that is being transferred to
the Washington State Department of Transportation for a graving dock. North is the Port
Angeles Harbor and properties owned by the Department of Natural Resources. Further
south of Marine Drive single family residential home sites are located atop a 100'+ marine
bluff, which is located between Mar/ne Drive and the residential area. The City's Waterfront
Trail is located along Marine Drive adjacent to the site.
4. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform
division of land within the State of Washington, and Section 58.17.035 provides
requirements that the City is following for binding site improvements plans. Chapter 16.10
of the Port Angeles Municipal Code (PAMC) sets forth local requirements for the approval
of binding site improvement plans. Standards and criteria, which must be met prior to
approval ora BSIP, are listed in PAMC 16.10.040.
5. Public notice of the proposal was placed in the Peninsula Daily News on September 14,
2003, and the site was posted. No comments were received during the public comment
period.
6. Section 16.10.030 PAMC provides that the Planning Commission shall examine BSI?
applications for proposals exceeding 5 acres in size, along with written recommendations of
the City Departments, and shall either approve, approve with conditions, or deny the BSI?
within the time requirements of Chapter 18.02 PAMC.
7. The Port Angeles Department of Community Development, Public Works and Utilities, and
Fire Departments reviewed the BSIP 03-01 proposal and had no objections. Their comments
were included in the review of the application.
8. The proposal has been reviewed with respect to the Comprehensive Plan. The following
Comprehensive Plan policies are found to be most relevant to the proposal: Growth
Management Element Goal A; Land Use Element Goal A, Policy A.2, Goal G, Goal H,
Policies H.I, H.3, and H.4; Utilities and Public Services Element Policy C.2; Capital
Facilities Element Policies A.9, and A.10, Policies B.3, B.4, B.5, B.6, and B.7; Economic
Development Element Goal A, Policies A.1, A.2 and A.4.
9. The Comprehensive Plan requires coocun'ency for streets, water service, sanitary sewer
service and electrical service (Capital Facilities Element) at the time of development. All
utilities including potable water, sanitary waste, and refuse collection are available in the
area. While utilities are available to the site, only electric services have been extended to
Lease Lot 3 at the time of application. Services will be extended to Lease Lots 1, 2, and 4
when requested and will be based upon load demands. The Comprehensive Plan
recommends that new services should be underground.
243
Planm'ng Comml~sl'on Minutes
October 8, 2003
Page 4
10. Environmentally sensitive areas exist on the site which is located on a shoreline area. A
Native American village site was discovered during excavation of the adjacent parcel in
preparation of a graving dock use. Proposed future site development will be subject to
further review and, if construction is proposed, may be subject to the State Shoreline
Management Act, which could include cultural yevJ ew elements, and the City's critical areas
ordinance thresholds prior to any proposed construction activity
11. The site will be serviced by the City's Police, Fire, and Public Works and Utilities
Departments.
12. A Determination of Nonsignificance was issued for the proposal on July 15, 2003, satisfy/rig
SEPA (WAC 193-11).
Conclusions:
A. The proposed BSI~ is consistent with the Port Angeles Comprehensive Plan and Zoning
Code.
B. As conditioned, the proposal is consistent with the Chapter 16.10 PAMC, and the
Washington State Subdivision Act, Chapter 58.17 RCW.
C. Appropriate provisions are available for the public health, safety and general welfare and for
BSIP standards and criteria.
D. As conditioned, the public interest is served in the binding site improvement planning of the
property as articulated in the City's Comprehensive Plan, Subdivision, and Zoning
Ordinances. BSIP 03-01 provides for development of industrial development within the City
of Port Angeles consistent with the Growth Management Act.
E. Future development activities will require review and may require additional permitting
actions per the State Shoreline Management Act and City's critical areas ordinances.
The motion was seconded by Commissioner Norton and passed 6 - 0.
Commissioner Pittis pointed out for the information of those in the audience that any future
development of the site would require particular review with respect to the evidence recently
uncovered of the remains of a Native American Village discovered on the adjacent property.
STREET VACATI ON PETIT1 ON - STV 03-02 - PORT ANGELES SCHOOL
DISTRICT - 12/13 Alley between Chase and Lincoln Streets: A petition
requesting vacation of a portion of right-of-way that has historically existed
underneath the Jefferson School main structure.
Director Brad Collins reviewed the Department StaffReport recommending approval of the petition
for vacation of right-of-way. Chair Nutter c~ened the public hearing.
244
Planning Commission Minutes
October 8, 2003
Page 5
Roger Easling, 1150 Thornton A venue, Sequim, represented the Port Angeles School District and
agreed with staff's recommendation. The subject right-of-way was not vacated when others on
school property were in 1922 prior to the construction of the Jefferson Elementary School. The fact
that all other rights-of-way within the site were vacated when the original school structure was built
supports the belief that this was an oversight at the time. The School District is attempting to clear
title to the property per a recent survey which identified the problem.
There being no further testimony or public comment, Chair Nutter closed the public hearing.
Commissioner Pittis moved to recommend approval of the street x, acation petition citing the
following findings and conclusions:
Findines:
1. A petition requesting vacation of that portion of the 12/13 alley right-of-way located
between Lincoln and Chase Streets that was not previously vacated, as were the
13/14 alley (Ordinance No. 742 dated June 10, 1923) and 13th Street (Ordinance 1194
dated March 10, 1948), was received by the City of Port Angeles on August 13,
2003. The petition was filed by the Port Angeles School District as the owner of
adjacent property.
2. Properties abutting the subject right-of-way are designated as Low Density
Residential (LDR) on the City's Comprehensive Plan Land Use Map. The City's
Comprehensive Plan and Land Use Map were reviewed for consistency with the
proposed vacation of right-of-way. The following Comprehensive Plan policies have
been found to be most relevant to the proposal: Land Use Element Residential Goals
and Policies Goal C and Policy C. 1; Open Space Goals Policies and Objectives Goal
J, and Policies J.4; Utilities and Public Services Element Goal B and Policies B. 1 and
3.
3. Surrounding properties are zoned Residential, Single Family (RS-7) and Commercial
Office (CO) on the City Zoning Map.
4. Jefferson School has been in existence since 1922. The main school structure
straddles the platted right-of-way as identified on the original Townsite map.
5. Although platted as right-of-way in the original Toxvnsite map, the subject right-of-
way was never developed as a public access street.
6. The vacating of right-of-way is categorically exempt from the State Environmental
Policy Act (SEPA) per Section 197-11-800 (2) (h) of the Washington Administrative
Code.
7. Per RCW 35.79.035, the site was posted on Seplember 19, 2003, and publication
appeared in the Pe~,insula Daily News on September 24, 2003, advertising the fact
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Planning Commission Minutes
October 8, 200.~
Page 6
that a public hearing would be held in consideration of vacation of the right-of-way.
No written comments were received.
8. This action constitutes a recommendation to the City Council that will act on the
petition at a public hearing on October 21, 2003.
Conclusions:
A. Traffic patterns on surrounding streets would not be negatively impacted by the
vacation because the right-of-way does not serve developable properties. The alley
right-of-way has been occupied by Jefferson School since 1922 and has never been
developed.
B. The proposal is consistent with the goals and policies of the City's Comprehensive
Plan.
C. The public interest will be served by the consolidation of the subject property with
additional property under the School District control and will clear any future title
issues that may arise.
The motion was seconded by Commissioner Philpott and passed 6 - 0.
PUBLIC MEETING
FINAL SUBDIVISION FOR MADRONA ~VOODS - "O" and 16~b Streets: Final
review of a 19 unit subdivision in the RS-9, Residential Single Family zone.
Assistant Planner Sue Roberds indicated that the Madrona Woods final subdivision mylar has been
presented for review but that no improvements have been installed and no bonding has been
provided. The Housing Authority of Clallam County has asked the City to enter into an agreement
wherein bonding is not required and improvements not placed until post plat approval when funds
are made available through the approved granl process for the subdivision. This is a deviation from
the City's Subdivision Ordinance requirements and an agreement has not as yet been reached
between attorneys to allow such a deviation. Staff recommended that, in an effort to assist the
Housing Authority in meeting their November goal for approval, the submitted materials be
reviewed for consistency with the conditions of preliminary approval and the matter be continued
to the October 22, 2003, regular meeting at which time the matter of bonding should be finalized.
Commissioners Philpott and Hewins stated that whatever special dispensation is given to the
Housing Authority with regard to the waiver of bonding or improvement prior to subdivision should
be extended to any developer, not just to a public developer.
Director Collins confirmed that if improvements are not in place at time of final plat, wording must
be placed on the face of the final plat indicating that no occupancy of structures will occur until all
required improvements are in place.
Pla~ning Commission Minutes
October 8. 2003
Page 7
]~ttttt Tietz, Executive Director of ttousing Autltority of Clallam County, indicated that the common
space recreation lot identified on the mylar will be grassed and maintained by the Homeowner's
Association which will be established per the Covenants, Conditions, and Restrictions (CCR's).
She stated that the City's relationship with the Housing Authority is different than with a private
developer in that being a public entity, interlocal agreements may be entered into to provide
affordable housing that may not be standard regulations.
Commissioner Rasmussen expressed strong concern regarding the necessity of CCR's as a result of
past experience. Para Tietz commented that the Housing Authority appreciates the Commission's
suggestions and welcomed discussion on the CCR's before adoption. She commented that the
CCR's can be amended if there are specific concerns.
Director Collins stated that the City does not enforce nor require CCR's and responded to
Commissioner Pittis that CCR's may be more restrictive than the City's laws but may not violate
laws.
Melinda Szatlocky, 32 Southridge Drive, Port Angeles, responded that a certain amount of unkept
property is inherent in many low income housing developments. The CCR's are a tool to ensure that
the neighborhood being created will meet an expected standard now and in the future. The Housing
Authority supports this type of planning for success.
Commissioner Hewins moved to continue discussion of the final plat submittal at the October
22, 2003, regular meeting. The motion was seconded by Commissioner Norton and passed 6 -
0.
COMMUNICATIONS FROM THE PUBLIC
None.
STAFF REPORTS
Director Collins outlined a proposed approach to the 2004 review of the City's Comprehensive Plan
which was discussed at length. Fred Hewins emphasized the need for the provision of adequate
pedestrian improvements on the west side to be addressed in the Capital Facilities Element. The
Commission will be beginning its annual review of the City's development ordinances on October
22, 2003, meeting and Mr. Collins encouraged Commissioners to forward any issues they have to
staff prior to the October 22 meeting.
Sue Roberds suggested that the Commission may wish to begin meetings at 6:00 p.m. or 6:30 p.m.
which is more in line with other City Boards and Council meetings. It was decided to meet at 6:00
p.m. on October 22, 2003, to test those waters.
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Plamling Commlssl~n Minutes
October & 2003
Page 8
REPORTS OF COMMISSION MEMBERS
Linda Nutter reminded staff of two work items from the last meeting: 1) conditions on permits to
be filed on land titles; and 2) design review information from DCTED.
Commissioner Rasmussen noted that he is planning an extended vacation and will not be in
attendance for the October 22 or November 12 meetings.
Commissioner Pittis explained traffic calming techniques and encouraged Commissioners to drive
by the Sixth and Evans Street area neighborhood to observe how lower development standards with
narrower streets can work. The area was not necessarily planned under the City's low impact
development standards but has developed into a local example. He noted a teleconference at City
Hall on October 16th which will further discuss these techniques put on by the APWA and
encouraged anyone interested to attend to see what is being used elsewhere.
Commissioner Philpott noted that he will not be available in January as he will be on vacation.
Commissioner Hewins noted that he is very concerned with the lack of sidewalks on 16thJl8th
Streets in the Airport area particularly with regard to pedestrians walking in the street because the
shoulders are muddy and/or undeveloped. He described a situation where he narrowly missed a
pedestrian walking early in the morning in the street and wondered what has to happen before
improvements are made in the area for pedestrian safety.
ADJOURNMENT
The meeting adjourned at 9:10 p.m.
Brad Collins, Secretary Linda Nutter, Chair
PREPARED BY: S. Roberds
248