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Home My WebLink AboutAgenda Packet 12/16/2008• ~ORTANGELES • '-~ W A S H I N G T O N, U. S. A. c~ AGENDA CITY COUNCIL MEETING 321 East 5th Street December 16, 2008 REGULAR MEETING - 6:00 pm AGENDA ITEM First Page' ACTION Note: The Mayor may determine the order of business for a particular Ciry Council meeting. The agenda should be arranged to best serve the needs and/or convenience of the Council and the public. The items of business for regular Council meetings may include the following: A. CALL TO ORDER -REGULAR MEETING AT 6:00 P.M. B. ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENT. This is an opportunity for members of the public to speak to the Ciry Council about anything. To allow time for the Council to complete its legislative agenda, comments should be limited to no more than 5 minutes per person and a total of 1 S minutes for this comment period. (These time periods may be lengthened or shortened at the discretion of the Mayor.) PUBLIC CEREMONIES/PRESENTATIONS 1. Introduction of new City Manager. ----- 1. Motion to approve employment agreement; Administer Oath of Office with employment to officially begin on January 12. 2. Appreciation to First Federal Savings & Loan for B-1 2. Accepting Mark Strand, IT Manager of First Telephone Equipment Donation Federal Savings & Loan Association 3. Recognition of Holiday Tree Donation B-3 3. Present Certificate of Recognition C. WORK SESSION 1. Port Angeles Fire Department Service Delivery Standards C-1 1. Pass Resolution. D. LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS as determined by Ciry Manager or Council member E. ORDINANCES NOT REQUIRING PUBLIC HEARINGS 1. Water Treatment Plant Operations and Maintenance Fund E-1 1. ls` Reading. Ordinance Revision. 2. Traffic Violations Bureau E-5 2. 2°d Reading; Adopt Ordinance. 3. Parking Violations Ordinance E-9 3. 2"d Reading; Adopt Ordinance. 4. Emergency Alarm Ordinance E-13 4. 15` Reading. PUBLIC HEARINGS Public hearings are set by the City Council in order to meet legal requirements. In addition, the City Council may set a public hearing in order to receive public input prior to making decisions which impact the citizens. Certain matters may be controversial, and the City Council may choose to seek public opinion through the public hearing process. NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK December 16, 2008 Port Angeles City Council Meeting Page - 1 AGENDA ITEM First Page > ACTION F. RESOLUTIONS 1. Polic for Use of Cit Hall & Wor lace Facilities F-1 1. Pass Resolution G. OTHER CONSIDERATIONS 1. Clallam Business Incubator - 2009 Contract Deliverables G-1 1. Approve. 2. Port Angeles Swim Club Agreement Extension G-1 S 2. Approve. 3. IAFF#656 Local Labor Contract G-17 3. Approve. 4. City Video Surveillance Policy G-49 4. Approve. 5. Community Multi-Cultural Alliance 2008 Contract G-57 5. Approve. 6. Indigent Legal Defense Services - 2009 G-61 6. Approve. H. PUBLIC HEARINGS -QUASI-JUDICIAL (7:00 P.M. or soon thereafter) ---------- I. PUBLIC HEARINGS -OTHER (7:00 P.M. or soon thereafter) 1. Amendment to 2008-2014 Transportation Improvement I-1 1. View Presentation; Conduct Public Hearing; Program (TIP) and Capital Facilities Plan (CFP) Pass Resolution. J. FINANCE K. CONSENT AGENDA 1. City Council Minutes of December 2, 2008; Special Meeting K-1 1. Accept Consent Agenda Minutes of November 24, 2008 and December 5, 2008. 2. Expenditure Approval List from 11/22/2008 to 12/5/08 for K-11 $2,695,821.36. 3. Green Motor Agreement K-28 4. Interlocal with City of Forks for Dispatch Services K-29 • 5. AIA Grant Acceptance & Memo of Understanding K-32 6. CFL Markdown Promotion Agreement Amendment K-39 7. Appointment of Public Safety Advisory Board Members K-40 8. KREI Architecture Agreement Amendment K-47 L. CITY COUNCIL COMMITTEE REPORTS M. INFORMATION City Manager Reports: 1. Building Report -November 2008 M-1 2. Port Angeles Forward Minutes -October 2008 M-2 3. Olympic Region Clean Air Agency (ORCAA) Reports M-5 4. Harbor-Works Development Authority Minutes /June 4 M-25 through November 19, 2008. 5. Clallam County Humane Society Contract Status M-65 N. EXECUTIVE SESSION O. ADJOURNMENT NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE • MAYOR TO DETERMINE TIME OF BREAK December 16, 2008 Port Angeles City Council Meeting Page - 2 PORTANGELES CITY COUNCIL MEETING W A S H I N G T O N, U. S. A. December 16, 2008 I. CALL TO ORDER -REGULAR MEETING: II. ROLL CALL: Members Present: / Mayor Braun V Deputy Mayor Wharton Councilmember Di Guilio Councilmember Kidd Councilmember Perry Councilmember Rogers Councilmember Williams ~_ Staff Present: Interim Manager Osterman Attorney Bloor Clerk Upton G. Cutler T. Gallagher D. McKeen N. West Y. Ziomkowski IlI. PLEDGE OF ALLEGIANCE: Led by: k,1D ~~ 11 ~~Q~G~~~~c~/t _. PQRTAI~IGELES CITY COUNCIL MEETING WAS H I N G T O N, ~. S. A. Attendance Roster DATE OF MEETING: December 16, 2008 LOCATION: City Council Chambers Name Address o ~ r~ ~~ w~ K y,,.` ~ -- ~ ~, '' l o S, L: cT ST. ~l'r ~ ~lS't;~ ~I ~ E ~~~~ r -~~r i ~ ~~~ 313 ~ ~.r. y \ \~ ~ ,„ R J (X~ °~\ ~ V ~ ~~~ ~ wl J L ~ 1~ v ~ ~U ~ G Z W I-~ l ~f /~,, ~/ ~ r~ ~ 1 f~ . L~ ~la~td112,E ~ ~a-Ito - os' Regarding the contract proposal from the City of Port Angeles, the offer presented by the City was $47,040 or $2.45 per person residing within city limits, the specifications being the same as the previous year's contract. Because we are a contractor that deals with animals, it is only logical to determine the costs of service on a per animal basis. Each animal that enters our facility is treated equally and receives vaccinations, flea treatment, worm medication and other care as needed to ensure they are given the "best reasonable care and treatment" as specified by the contract. Every animal, unless injured, unsafe to handle, (feral), or sick and suffering, is held for a minimum of 72 hours prior to disposition, during which time every effort is made to attempt to determine and locate an owner and return the animal. At the completion of the 72 hour hold, animals that are adoptable receive further services such as surgical sterilization and permanent identification in the form of a microchip prior to being placed in an adoptive home. Because we are a Humane Society rather than a "pound", our interest is in placing as many of the animals we serve as possible and, as such, we hold them for as long as it takes to find them a home rather than take the approach of the past wherein animals not redeemed within the three day holding period were simply euthanized. To this end we expend the vast majority of the private donations we receive as a privately held non-profit corporation, over and above either the requirements of the contract or applicable law. The scope of the contract with the City covers much more than just basic care and feeding, and the terms provide for us to perform other functions such as record keeping, providing a minimum of open hours, staffing a certified euthanasia technician and making "reasonable efforts" to find the owners of impounded animals and to find suitable homes for adoptable animals. Analysis of the minimum labor requirements to perform the terms of the contract, not including any administrative costs, yields a cost to support the contract of $68,860. In addition, the contract calls for overhead such as telephone, traps and other requirements. As such, the offer from the City is at least $21,820 below what it will cost us to provide the labor to perform the contract at a minimal level. During negotiations, the Humane Society proposed a $32.50 per animal per day fee for service with a $70,000 cap for 2009. Based on analysis of historical intake from the City of Port Angeles, the City could expect to spend about $71,321 using a straight fee per animal arrangement, so we felt that although 20091ooks to be a year that we will take in slightly more than the average number of animals from this service area, capping the fees at $70,000 was fair as it covered our cost of servicing the contract labor and saved the city $10,000 from the previous contract amount. Future increases in fees would be based on the Consumer Price Index and could result in either increasing or decreasing the base rate. These are the same contract terms we currently have with the City of Sequim and it is our intention to move Clallam County to this fee structure also when that contract comes up for renewal. The Board of Directors of Olympic Peninsula Humane Society rejected this contract offer as it is significantly below our cost to service the contract and we do not have the resources to subsidize the sheltering requirements of the City. As you can see from the attached analysis, the bottom line is that it requires at least $68,860 in order to minimally satisfy the contract terms and provide adequate labor to uphold the provisions. This does not include the fixed costs per animal such as vaccinations, flea treatments and other sundry items related to the disposition of each animal. Based on average intake figures for the City over the past four years and the percentage of animals adopted, euthanized or placed by relocation or return to owner, we estimate this expense at approximately $36,000, putting our cost to provide sheltering for just the animals coming to us from the City of Port Angeles at about $104,000. (Please see the attached cost breakdown.) The Humane Society's offer of $32.50 per animal per day for the required 72 hour hold is more than fair and it is unrealistic of the Council to expect the Society to accept an offer that fails to come close to covering the costs we will incur over the life of the contract. We continue to provide far more services than required and have absorbed a significant portion of the cost of these services because we care about the animals, but it is unreasonable for the Council to expect an independent contractor to provide any service at far below cost. It is a certainty that the City could not provide similar services, nor could it operate a "pound" that only held for the required 72 hours and then disposed of the animals, for the amount offered for this contract. While our mission dictates that we will continue to serve the animals of Clallam County, we cannot enter into a contract to provide services without adequate remuneration. The City's own ordinances dictate the need for an animal shelter, either through contract or operated by the Animal Control Authority, (7.01.040), and the City has some responsibility to attempt to mitigate the problem of stray and homeless animals, if for no other reason than to prevent the spread of zoonotic disease. The fallout that wilt result if an agreement cannot be reached is sure to be problematic as we would be faced with the need to recoup the cost of sheltering animals coming from the City. There are several ways we might attempt this, such as release fees for incoming animals. Unfortunately, the reality is that most people will balk at paying a release fee for their own animals and few, if any, would be willing to pay a release fee for a stray they have found. The result of this would be that animals would simply be released, (dumped), and the current pet overpopulation problem would grow exponentially, creating even more problems. The issues relating to animal sheltering are a societal problem and, as such, governmental agencies have a responsibility to provide assistance to their citizens in mitigating the problems. Failure to do so is sure to create many problems in the community that will negatively impact the Humane Society, as well as the City, but we simply cannot afford to accept a contract that does not cover our costs, nor is it reasonable to expect us to do so. We urge the Council to reexamine the terms of this contract and give due consideration to the Humane Society's offer of $32.50 per animal per day for the required 72 hour holding period. While times are tough all over it is discouraging to see the City attempt to reduce expenditures at the expense of the homeless animals who have no voice in the matter and whose misfortune is no fault of their own. Fixed Per Animal Costs -Adopted Dogs Cats Vaccination $ 1.76 $ Vaccination Booster $ 1.76 $ Bordatella Vaccine $ 1.83 $ Syringe x 2 $ 0.22 $ Needle x 2 $ 0.18 $ Wormer $ 3.80 $ Flea treatment $ 3.60 $ Microchip $ 9.99 $ Spay/Neuter (avg) $ 95.00 $ 1.52 1.52 0.22 j . ~: 0.18 ~ 3.60 { 3.60 ~' , `: 9.99 65.00 C Minimum Labor to Service Contract ;Basic Cleaning/Feeding j Staff to be open 25 hrs per week '~ 1/2 Euthanaisa Technician ;;Record Keeping (20 hrs week) $ 18,720 @ 9.00 hr $14,300 @ 11.00 hr $11,960 @ 11.50 hr $11,440 @ 11.00 hr $ 118.14 $ 85.63 I':" Adoption per Sec. 3, Para. 3 $11,440 @ 11.00 hr Combined cost @ 39.3% $ 27,473.63 j Fixed Per Animal Costs - RTO /Relocated ~ ' : Dogs Cats I I Total Labor excluding $ 67,860 Vaccination $ 1.76 $ 1.52 ~,, i administrative costs Vaccination Booster $ 1.76 $ 1.52 { ~ Contract calls for overhead in the form of Bordatella Vaccine $ 1.83 $ - ~ ;telephone, traps and other assorted costs Syringe x 2 $ 0.22 $ 0.22 ! ~ in addition to the basic labor required to care Needle x 2 $ 0.18 $ 0.18 ~ ; ;for and make reasonable efforts to adopt. Wormer $ 3.80 $ 3.60 $ 9.55 $ 7.04 i ' `I Fixed Per Animal Costs $ 36,190 Combined cost @ 20.4% $ 1,164.44 Fixed Per Animal Costs - Euthanized Total Labor & Fixed Costs $ 104,050 Dogs Cats I ~ (based on average intake) Vaccination $ 1.76 $ 1.52 E' `' Vaccination Booster $ 1.76 $ 1.52 f Bordatella Vaccine $ 1.83 $ - ' Syringe x 2 $ 0.22 $ 0.22 ; ~' Needle x 2 $ 0.18 $ 0.18 ~ 1 Per Animal Basis Wormer $ 3.80 $ 3.60 Flea treatment $ 3.60 $ 3.60 ' '~4 year average intake 732 Fatal Plus $ 1.43 $ 0.71 ~ ~ 32.50 per animal per day $ 97.50 Disposal @ $0.65 Ib (avg) $ 32.50 $ 3.90 ; $ 47.08 $ _ 15.25 , City's cost based on avg intake $ 71,370 Combined cost @ 40.3% $ 7,552.31 ~ { Approximately Dogs Cats 242 483 OPHS ANIMAL REPORT NOVEMBER 2008 MONTHLY PLACEMENT RATE 2007 - 2008 .+ / - % CHANGE ADOPTED 44 85 41 48.2% RETURNED 12 21 9 42.9% RELOCATED 1 2 1 50.0% DOA 6 1 -5 -500.0% EUTHANIZED 63 71 8 11.3% TOTAL 126 180 54 30.0% EUTHANIZED 50.0 39.4 INTAKE CHANGE PLACED 50.0 60.6 +94 animals YEAR TO DATE PLACEMENT RATE 2007 2008 .+ / - % CHANGE ADOPTED 764 898 134 14.9% +good RETURNED 278 273 -5 -1.8% +good RELOCATED 140 129 -11 -8.5% +good DOA 49 64 15 23.4% -good EUTHANIZED 658 920 262 28.5% -good TOTAL 1889 2284 395 17.3% EUTHANIZED 34.8 40.3 INTAKE CHANGE PLACED 65.2 59.7 +319 animals Month to Month Comparison .~ 100.00 90 00 U . --- ~ 80 00 - --- ---------- - a . 70 00 -- . - - ----- _ fB 60.00 ~ ~ -~ ~ ~ ~~ ~' ~" ~ ~? _- e.: GOAL ~ ~` ~~ ~~ s ~~ i f ~ 1 • 50.00 t - y z ~ _ k ~ ~ o 2007 Q 40.00 ~- ~~ ! ~ ~, g ~ ~ ~ 2a08 w.- O 30.00 ~" ~ ~ ~ ~ _ ~ ~ k - ~~ y ~ P }, ~ 20.00 ~, ~ r r r_ ~ ~ G ~ ~: !: ~~ r C~ k t _k ~ _~ E. ,~. f p. ~_, . ~' ! U 10.00 i - -, - t _ t -~ - - ---;' ~ t f JAN FEB MAR APR MAY JUN JULY AUG SEP OCT NOV DEC Port Angeles Anirraal Sheltering Intake Analysis Year 2005 2006 2007 2008 Animal Intake 801 624 817 684 ~-YTD Sept 22 = 513 513 / 9 = 57 x 12 = 684 Annualized 4 Year Avg 732 2008 2007 2006 2005 PAPD Citizen PAPD Citizen PAPD Citizen PAPD Citizen Cats 181 38 245 180 292 Kittens 120 9 209 197 215 Dogs 21 163 18 255 2 210 254 Puppies 5 22 27 34 Other 23 21 8 6 Total 513 Total 817 Total 624 Total 801 ` 12/16/2008 Comments to the City of Port Angeles -Council Meeting -December 18, 2008 Submitted by Norma Turner First I would like to wish all of you a Happy Holiday and A Happy New Year. I have appeared before you several times in the past few months. The format hus far has been for the public to make comments then the council proceeds with the business of the evening. The frustrating part is that the questions seldom seem to get answered. Tonight I would like to respectfully submit a list of questions and request written answers. It would save your time tonight and written answers would not be subject to the same level of misinterpretation as verbal responses. The questions are: 1. During the fmal budget presentation by the finance director she noted that by readjusting the projected price of fuel by $1.50 (from $5.00 to $3.50) the city saves approx $145,000. Where did the "savings" go? Why was it not put towards softening proposed cuts? 2. Fuel is currently is under $2.00 per gallon. It has been suggested by speakers, including myself, that the city pursue "locking in" the lower prices with a contract. Such a move would save you more than $500,000. Is such an action being considered? 3. With over $6 million in the graving yard settlement budget why is the utility department considering going for a bond for the upcoming water infrastructure despite the fact that the signed agreement allows the city to utilize the money for just such projects?. It would be a cost saver not to incur the costs of a bond. 4. At the "task force" meeting held last week your City Attorney was asked about liability costs for the Rayonier site and he stated he was not ready to answer the question. When will the answer be forthcoming? 5. During the same meeting your attorney assured you the PDA efforts would entail no costs. Yet the Exec Director of the Port stated both the Port and City would invest $1 million each in the effort. Currently the adopted budget includes $660,000 for the PDA the $150,000 already paid plus other less visible expenditures such as the thousands in legal invoices in your packet tonight for attorneys working on the Rayonier issue. What does "no cost" mean? Does it mean all these expenditures are no cost because they are loans? If so, how the loans secured since the PDA has no assets? ~~ ~~~ ~~~, ~,~~ 6. What is the real position of your partner, the Port of Port Angeles, about possible future uses of the Rayonier site? Background: Dec. 9`h a port commissioner envisioned green space around Ennis Creek and access to the Discovery Trail. This is the complete opposite view of the port's attorney in a May 19, 2008 memo. Initially the port attorney states "The port intends to be the primary developer of these piece"...primary for industrial commercial use:; "that's what are expecting to get out of this deal." Later in the email a city representative relates their conversation with the port attorney " I told him it was likely a large portion of the waterfront east of Ennis Creek would be public open space. He (the port attorney) said we are not in this to build a park. Which is the true goal of the Port for the Rayonier property? In conclusion I wish to leave you with a positive thought. I wish to commend your city clerk. She is the essence of an employee in public service everyone can be proud of. She is courteous, treats citizens with great respect and responds to requests in a timely fashion. Congratulations. Norma Turner 3928 Mt Angeles Rd. Port Angels, WA 360-457-0151 Shirley Nixon, PO Box 178, Port Angeles, WA 98362 Outline of Comments to Port Angeles City Council, December 16, 2008 Thank you for the opportunity to speak to you at a public comment period. As you know, I am an advocate for open and accessible government, and have spoken to you in the past about my concerns over City actions that I believe have violated Open Government Laws. The history of how the City & Port created the HarborWorks PDA is a case in point. I appreciate the Council calling the special workshop last Tuesday evening to discuss HarborWorks. I wish I could tell you that the session left me feeling more confident about how and why the PDA was created. Unfortunately, it seemed to raise more troubling questions than it answered. I hope that the full Council will soon schedule another workshop on HarborWorks -ideally one that will be more interactive, and that will allow the public to ask questions or make comments. The pitfalls of unnecessary government secrecy are many. Unfortunately, the City Council appears to have once again run afoul of the Open Government Principles by selecting its preferred candidate for a new City Manager in a completely closed process. The Open Public Meetings Act states that the deliberations and actions of governing bodies must be taken openly. RCW 42.30.010. "Action" means the transaction of official business, and "final action" means "a collective positive or negative decision." RCW 42.30.020(3) Exemptions from this law are to be narrowly construed. RCW 42.30.910 While the law allows a city council to evaluate the qualifications of a potential city manager during a private executive session (RCW 42.30.110(g)), the law does not allow a council to identify a consensus candidate or reach a collective decision there. Miller vs. Tacoma, 138 Wn 2d 318, 328 (1999). The public learned by reading last Thursday's newspaper that the City Council had met in executive session Tuesday night, and selected Mr. Kent Myers from among a field of four candidates to be our new City Manager. Unfortunately, this action was taken in violation of the Open Meetings Act. According to RCW 42.30.060, because this action was not taken in an open public session, it is void. I don't know how or if this violation of the Open Public Meetings Act can be corrected, but I am truly sorry that the arrival of a new City Manager - a hopefully bright occasion filled with great promise for the City's future -must be clouded by the Council's disrespect for state law. Thank you for your courtesy in considering my comments. CITY MANAGER -CITY COUNCIL EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT, made and entered into by and between the City of Port Angeles (hereinafter called "Employer") and Kent Myers (hereinafter called "Employee") is set forth to set terms of employment to establish a basis for good working relationships, and to avoid possible misunderstandings. Recognizing the indefinite term of office required by state law, it is nonetheless the intent of this agreement to provide general employment conditions for the period of this agreement unless terminated earlier in accordance with the provisions of this agreement and of Ch.35A.13 RCW. Section I -Term: A. This agreement shall be effective commencing January 12, 2009. B. The parties recognize and acknowledge that, in accordance with the provisions of Ch.35A. l 3 RCW, the City Manager is appointed by the City Council for an indefinite term of office and may be removed by the City Council at any time. There is no fixed term of employment. While recognizing that, the parties intend to establish by this agreement the terms and conditions for employment of the Employee as City Manager of the City of Port Angeles. Section II -Duties and Responsibilities: The Employee shall fulfill and carry out all the duties and responsibilities of City Manager in accordance with Ch.35A.13 RCW, all ordinances and resolutions of the City of Port Angeles, and all policies adopted by the City Council. Section III - Salary: A. Effective on the date of employment, the Employee's annual salary shall be $150,000.00. Employee will be paid in accordance with the normal and usual payroll procedures for employees of the City. B. Subsequent salary adjustments shall be based on annual satisfactory evaluation of Manager's performance by the City Council. Section IV -Hours of Work: The minimum work week of the Employee shall be forty (40) hours. The Employer expects that the Employee, in order to discharge the duties and responsibilities ofthe position of City Manager, necessarily will devote to the job a great deal of time beyond forty hours per week. Section V -Outside flctivities: The employment provided for by this Agreement shall be tl~e Employee's sole employment. The 13;uployee may hold or accept outside employment only if such -1- outside employment is first approved in advance by the City Council and if there is no interference or conflict of interest with the responsibilities under this Agreement. For purposes of this section, outside employment includes outside positions, such as board memberships, directorships, or similar appointments, even if no compensation is paid. Section VI -Benefits: In addition to annual salary, the Employee shall be entitled to the following benefits, and none others. A. General Leave: Effective with the employment date, Employee will be credited with 80 hours of General Leave. Employee will earn 30 days of general leave per year. Employee will be paid off in full for any accrued General Leave upon leaving City service. B. Medical, Dental and Vision Insurance: The Employee shall receive medical, dental and vision insurance benefits comparable to Department Heads. C. Life Insurance: Term life insurance with no cash value equal to $50,000. D. Long Term Disability Insurance: Paid in full by City for employee. E. Retirement Plan: Either (1) Employee becomes a member of the State PERS or (2) Employee opts not to participate in PERS and the City contributes the equivalent contribution percentage into the ICMA 401 account. The Employee and employer contribute the equivalent of the PERS percent, which is currently 5.54% Employee and 8.31 % employer. This percentage changes from time to time as determined by .the State. Employer and Employee contribute into Social Security. F. Miscellaneous Benefits: Employee will receive the same holidays, bereavement leave, jury duty, and EAP benefits as provided to Department Directors. G. Relocation Expenses: City shall reimburse the Employee for actual cost of relocation, not to exceed $17,000, upon presentation of proper receipts. The Employee shall be reimbursed for lodging expenses incurred by the employee during the period beginning when he completes moving to Port Angeles and ending when he occupies his permanent residence. The amount of this reimbursement shall not exceed the lesser of (1) $1,000 or (2) the amount actually incurred for lodging. The Employee shall be reimbursed for the travel expenses, not to exceed $2,000, incurred in one trip to Port Angeles for the purpose of finding and purchasing a residence. H. il~embership Dues: The City will pay membership dues for IC>'~~IA and WCCMA. -2- Training and Professional Development: The City will pay for and/or reimburse for attending professional development opportunities such as the Annual ICMA Conference, WCCMA Conferences or other relevant conferences and training sessions. Section VII -Termination: A. Employee acknowledges that he is an "at will" employee and may be terminated by the City and at any time without cause. B. At the request of the Employer, the Employee shall upon termination or resignation cooperate in the transition of a new city manager. C. In the event that the Employee voluntarily resigns his position as City Manager, the Employee shall provide a minimum of thirty (30) days written notice, unless the parties agree otherwise. D. Severance shall be paid to the Employee when employment is terminated as follows: In the event the City elects to terminate the Employee for any reason other than "cause," the Employee will receive six months salary and continued health benefits including medical, dental, and vision, payable on regular City pay days commencing on the date of termination. The City's obligation to pay such salary and benefits will terminate if the Employee accepts any other employment with the City or with another employer. For purposes of this Agreement, "cause" for termination shall include failure to fully comply with or fully perform all duties and responsibilities of the Employee in accordance with this agreement, the laws of the State of Washington and as directed by City Council. In the event the Employee is terminated because of any illegal act, the City shall have no obligation to provide any severance. Section VIII -Other Provisions: A. The City Council may direct the performance of the Employee from time to time, provided that such terms and conditions are not inconsistent or in conflict with the provisions of this Agreement. B. The Employee shall reside inside the City boundaries. C. Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. D. The text herein shall constitute the entire agreement between the parties. E. This Agreement shall be binding upon and inure to the benefit of the heirs and executors of . the Employee. -3- F. Employee shall maintain apublicly-listed telephone within his home capable of handling reasonable off-hour business matters from members of the City Council and the public relevant to the management affairs of the City. G. The Council shall review the Employee's performance after the first six months of employment. Thereafter, Council shall conduct an.annual evaluation to be completed in December each year. IN WITNESS WHEREOF, THE CITY OF PORT ANGELES has caused this Employment Agreement to be signed and executed by the Mayor at the direction of the City Council and attested to by the City Clerk, and the EMPLOYEE has signed and executed this agreement, in duplicate this day of December, 2008. CITY OF PORT ANGELES GARY BRAUN, MAYOR ATTEST: BECKY J. LIPTON, CITY CLERK KENT MYERS, CITY MANAGER APPROVED AS TO FORM: WILLIAM E. BLOOR, CITY ATTORNEY G:\Legal Backup\AGREEMENTS&CONTRACTS\2008 Agmts&Contracts\City Manager 09 Myers Contract 120808.wpd -4- i~1. C~i'~ PROCLAMATLON In Recognition of FIRST FEDERAL SAVINGS & LOAN ASSOCIATION WHEREAS, First Federal Savings & Loan Association has been serving our community since 1923 and is locally owned and managed; and WHEREAS, First Federal is rooted in the values and traditions that have strengthened our community with steadfast dedication to continued community service; and WHEREAS, First Federal recently upgraded their phone system and could no longer use the equipment associated with the old system; and WHEREAS, instead of simply disposing of the old equipment, First Federal discovered that the City of Port Angeles was still using this telephone system, software and equipment and found that the City could well indeed use the 101 phones, 24 circuit cards, 95 handsets and 3 mini-systems; and WHEREAS, Although the equipment no longer had any value to First Federal, this equipment represented approximately $78,000 in value to the City's telephone communication system. NOW, THEREFORE, I, Gary Braun, Mayor, ON BEHALF OF THE CITY COUNCIL OF PORT ANGELES, do hereby recognize and sincerely thank First Federal Savings and Loan Association of Port Angeles for their generous donation to the City of Port Angeles and encourage all citizens to join me in recognizing how their philosophy, and business style has helped people and businesses prosper in our community for over 75 years. Gary Braun, Mayor December 16, 2008 B-2 . . ., . ~1n Recognition & ~~~reciation This Honor is Bestowetl Upon ,~~ ~ I ~ -T-~- i~~° ~ ~ ~ (n Recognition and Appreciation of their generous donation of a Douglas Fir evergreen tree as the 2008 City Holiday Tree. ~ ~~ ~ ~ ~ ~ It ~- ~~ And is Presented This Certificate By ~ ~;.. Thy Clay of Port. An~ele s . } ~ : ~q,^ t Port Angeles, Washington ~~ ' T (E , M.... ~ < ~ p~ h _. ~.I-.,~~~ ._ .. } ...s. z a This 16th Day Of December, 2008 Gary Braun, Mayor • CITY COUNCIL MEMO DATE: December 16, 2008 TO: CITY COUNCIL GELES FROM: DAN MCKEEN, FIRE CHIEF SUBJECT: PORT ANGELES F[RE DEPARTMENT RESPONSE OBJECTIVES Summary: In 2005, Substitute House Bill 1756 (SHB 1756) was passed into law. The law directs fire departments to develop performance standards relative to response time measurements and then to make public a report on how the Department is doing in relation to those times. Recommendation: Ado t the Fire De artment's recommended res onse standards. Back>?round: For years, the fire service has been attempting to define levels of service based upon standards and the level of risk acceptable to each community. One of the primary standards, response times, has long been a measure of performance, as controlling fires and saving lives often depend upon rapid response times. In 2005, Substitute House Bill 1756 (SHB 1756) was passed into law by the Washington State Legislature. SHB 1756 requires the fire department to extract response data and evaluate levels of service, service deployment methods, and performance measures that apply to response time objectives for major emergency services. Additionally, there is a requirement to provide an annual report to the City Council and the public. The purpose of the annual report is to describe how effectively the Department is meeting each Council-adopted "response time objective;" "explain the predicable consequences of any deficiencies" in meeting the response tune objectives; and "address steps necessary to achieve compliance" with adopted objectives. The Fire Department contracted with Peninsula College to develop and analyze geographical information that would support the specification of performance measures applicable to the requirements in SHB 1756. The College provided maps plotting; Fire Department response times to various addresses in the City, the actual response times to past incidents throughout the City, and the "modeled" response times from the fire station to all areas of the City. The information provided by Peninsula College, along with recommendations provided in the • national standard pertaining to the deployment of fire service operations, assisted the Fire Department in developing response time objectives. C-1 City Council • Page 2 December 16, 2008 A comprehensive report was provided to the Council in September that outlines the recommended response tune objectives for each major emergency service based upon the Department's current staffing levels and station location. The report also identifies response time deficiencies. This information will be useful in assisting the Department with potential operational changes aimed at reducing response times and can assist in the strategic placement of future fire stations. A presentation was provided to the Citizen Public Safety Advisory Committee, with the Committee's comments included in the final report. The Committee voted to forward a favorable recommendation to the Council to adopt the Fire Department's recommended service delivery standards. On December 2, a presentation was provided to the Council's Health & Safety Sub- committee who also voted to forward a favorable recommendation to the full Council to adopt the proposed Fire Department service delivery standards. After a presentation to the Council, staff is recommending that the Council adopt the recommended service delivery standards that are outlined in the attached resolution. DM Attachment -Resolution • • C-2 • RESOLUTION NO. A RESOLUTION of the City of Port Angeles, Washington, adopting the performance standards and objectives outlined in Substitute Housebill 1756 as Port Angeles Fire Department emergency resource deployment and response time objectives. WHEREAS, the Port Angeles Fire Department is legally established as a fire department through Ordinance No. 1092, approved by the City of Port Angeles City Council on September 24, 1941, to provide for the prevention of and protection from fire in the City and whose emergency services now include fire suppression, emergency medical services at the basic life support and advanced life support levels, hazardous materials response, technical rescue response, marine response, and wildland firefighting response; and, WHEREAS, the Port Angeles Fire Department has a mission statement and goals • and objectives to guide the organization in providing emergency services that include fire suppression, emergency medical services at the basic life support and advanced life support levels, hazardous materials response, technical rescue response, marine response, and wildland firefighting response; and, WHEREAS, the Port Angeles Fire Department has a basic organizational structure which includes Chief Fire Officers, Administrative Support, Fire Officers, Firefighter/Paramedics, and Firefighter/EMTs; and, WHEREAS, the Port Angeles Fire Department is required by state law to establish turnout and response time goals for the emergency services it provides; and, WHEREAS, the Port Angeles Fire Department has evaluated the elements identified in SHB 1756 and included those provisions deemed appropriate in the Department's emergency service delivery; and, • C-3 WHEREAS, the Port Angeles Fire Department has developed written response • coverage objectives required to comply with applicable provisions of SHB 1756; and, I, WHEREAS, the response coverage document is in furtherance of the City of Port Angeles' duty to the public at large and does not create a specific duty to any individual in the event of an emergency response; and , i WHEREAS, each emergency response occurs under a unique set of circumstances and competing emergency needs may impact response in any specific situation; and WHEREAS, the City of Port Angeles' obligation to respond to emergency ' incidents consistent with the Fire Department emergency resource deployment and response time objectives may be impacted by circumstances and competing emergency ' needs, the City of Port Angeles, its officers, agents, and employees shall have no duty to respond according to any specific response standard, and shall incur no liability whatsoever for failing to do so; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port • Angeles as follows: A. The City Council of the City of Port Angeles hereby adopts the response coverage document attached as Exhibit A as the Port Angeles Fire Department's official policy for determining emergency medical, fire, and rescue resource deployment; and, BE IT FURTHER RESOLVED: ~ B. The adopted response coverage document officially defines the Port Angeles Fire Departments written policies and procedures that establish the distribution and concentration of fixed and mobile resources of the department. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of , 2008. Gary Braun, Mayor C-4 ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney G:\Legal_Backup\ORDINANCES&RESOLUTIONS\RESOLUTIONS.2008\SHB 1756 RESOLUTION.doc December 8, 2008 • C-5 EXHIBIT A ' ADOPTED STANDARDS Every Fire Department shall adopt service delivery objectives in a written statement for all the major services the jurisdiction provides in an emergency mode. Seven emergency services with 13 measurable elements are addressed below: 1. Turnout time for all emergency incidents (2 minutes). 2A. Response time for first-arriving engine company to fire suppression incidents (8 minutes). 2B. Response time for deployment of first alarm assignment to a residential fire (18 minutes with 14 personnel). 2C. Response time for deployment of first alarm assignment to a commercial fire (18 minutes with 15 personnel). 3. Response tune for first-arriving emergency medical services Basic Life Support (BLS) unit to an emergency medical incident (8 minutes). 4. Response time for first arriving emergency medical services Advanced Life Support (Paramedic) unit to an emergency medical incident (8 minutes). S. Response time of the first-arriving apparatus with appropriately trained and equipped Hazardous Materials and Technical Rescue Operations level personnel on board to a special operations incident (8 minutes). ', 6. Response time of the first-arriving apparatus with appropriately trained and equipped personnel on board to a marine incident (28 minutes). 7. Response time for first-arriving engine company to a wildland firefighting incident (8 • minutes). ALL EMERGENCY INCIDENTS 1. Turnout time. a. Time from the receipt of a dispatched alarm by the crew until they indicate, verbally or electronically, that they are en route to the incident. b. The time is defined in minutes and/or seconds of turnout time. c. The turnout time is established with a performance objective of not less than 90% for the achievement of the stated turnout time. d. Turnout Time Standard: The Fire Department has adopted a turn out time standard of 2 minutes, which the Department should meet 90% of the time. C~ C-6 FIRE SUPPRESSION INCIDENTS 2A. Response time of the first-arriving engine company to a fire suppression incident (4 firefighters). a. Travel time to the incident of the first-arriving engine company. b. Travel time is determined by the actual "on the road" time after firefighters confirm they are responding, to the point that they arrive on the scene. This is not the total response time, it is simply the "travel" or "on road" time. c. The time is defined in minutes and/or seconds of response time. d. The response (travel) time is established with a performance objective of not less than 90% for the achievement of the stated response (travel) time. e. Response Time Standard: The Fire Department has adopted aresponse/travel time standard of 8 minutes for the arrival of the first-arriving engine company to a fire suppression incident, which the Department should meet 90% of the tune. 2B. Response time for the deployment of a full first alarm assignment to a residential fire (14 firefighters). a. Travel time to the incident for the full complement of the first alarm assignment to a residential fire. b. Travel time is determined by the actual "on the road" time after firefighters confirm they are responding, to the point that they arrive on the scene. This is not the total response time, it is simply the "travel" or "on road" time. c. Time is defined in minutes and/or seconds of response time. d. The full complement response (travel) time is established with a performance objective of not less than 90% for the achievement of the stated response (travel) time. e. Response Time Standard: The Fire Department has adopted aresponse/travel time standard of 18 minutes for the arrival of the full complement of a first alarm response to a residential fire suppression incident, which the Department should meet 90% of the time. 2C. Response time for the deployment of a full first alarm assignment to a commercial fire (15 firefighters). a. Travel time to the incident for the full complement of the first alarm assignment to a commercial fire. b. Travel time is determined by the actual "on the road" tune after firefighters confirm they are responding, to the point that they arrive on the scene. This is not the total response time, it is simply the "travel" or "on road" time. c. Time is defined in minutes and/or seconds of response time. d. The full complement response (travel) time is established with a performance objective of not less than 90% for the achievement of the stated response (travel) time. e. Response Time Standard: The Fire Department has adopted aresponse/travel time standard of 18 minutes for the arrival of the full complement of a first alarm response to a commercial fire suppression incident, which the Department should meet 90% of the time. C-7 EMERGENCY MEDICAL SERVICES -BASIC LIFE SUPPORT INCIDENTS ~ 3. Response time of the first-arriving unit with a first responder (BLS) to an emergency medical incident. a. Travel time to the incident by the first-arriving engine company or transport unit with appropriately trained personnel on board, i.e., emergency medical ~ technicians (BLS). b. Travel time is determined by the actual "on the road" time after first responders, i.e., personnel certified as first responder emergency medical technicians, confirm they are responding, to the point that they arrive on the scene. This is not the total response time, it is simply the "travel" or "on road" time. c. The time is defined in minutes and/or seconds of response time. d. The response (travel) time is established with a performance objective of not less than 90% for the achievement of the stated response. (travel) time. e. Response Time Standard: The Fire Department has adopted aresponse/travel time ~ standard of 8 minutes for the arrival of the first emergency medical unit with appropriately trained personnel on board (BLS) to an emergency medical incident, which the Department should meet 90% of the time. EMERGENCY MEDICAL SERVICES -ADVANCED LIFE SUPPORT INCIDENTS (PARAMEDIC) 4. Response time for the arrival of an advanced life support (one Paramedic) unit to an emergency medical incident. a. Travel time to the incident by the first-arriving advanced life support unit with not less than one paramedic on board. b. Travel time is determined by the actual "on the road" time after the paramedic confirms they are responding, to the point that they arrive on the scene. This is not the total response time, it is simply the "travel" or "on road" time. c. Time is defined in minutes and/or seconds of response time. d. The response (travel) time is established with a performance objective of not less ' than 90% for the achievement of the stated response (travel) time. e. Response Time Standard: The Fire Department has adopted aresponse/travel time standard of 8 minutes for the arrival of an advanced life support unit with appropriately trained personnel (one Paramedic) on board to an ALS emergency medical incident, which the Department should meet 90% of the time. • • • C-$ ® SPECIAL OPERATIONS -HAZARDOUS MATERIALS RESPONSE AND TECHNICAL RESCUE RESPONSE 5. Response time of the first-arriving apparatus with appropriately trained and equipped Hazardous Materials and Technical Rescue Operations level personnel on board at a special operations incident. a. Travel time to the incident by the first-arriving engine company with appropriately trained and equipped personnel on board (Operations level personnel). b. Travel time is determined by the actual "on the road" time after operations level personnel confirm they are responding, to the point that they arrive on the scene. This is not the total response time, it is simply the "travel" or "on road" time. c. Time is defined in minutes and/or seconds of response time. d. The response (travel) time is established with a performance objective of not less than 90% for the achievement of the stated response (travel) time. e. Response Time Standard: The Fire Department has adopted aresponse/travel time standard of 8 minutes for the arrival of the first unit with appropriately trained and equipped Operations level personnel on board to a special operations incident, which the Department should meet 90% of the time. MARINE RESCUE 6. Response time of the first-arriving apparatus with appropriately trained and equipped personnel on board at a marine incident. a. Travel time to the incident by the first-arriving marine unit with appropriately trained and equipped personnel on board. b. Travel time is determined by the actual "on the water" time after personnel confirm they are responding, to the point that they arrive on the scene. This is not the total response time, it is simply the "travel" or "on water" time. c. Time is defined in minutes and/or seconds of response time. d. The response (travel) time is established with a performance objective of not less than 90% for the achievement of the stated response (travel) time. e. Response Time Standard: The Fire Department has adopted aresponse/travel time standard of 28 minutes for the arrival of the first unit with appropriately trained and equipped Marine Rescue and Firefighting personnel on board to a marine incident, which the Department should meet 90% of the time. • C-9 WILDLAND FIREFIGHTING INCIDENT • 7. Response time for the deployment of first-arriving engine company to a wildland firefighting incident. a. Travel time to the incident for the first-arriving engine company to a wildland firefighting incident. b. Travel time is determined by the actual "on the road" time after firefighters confirm they are responding, to the point that they arrive on the scene. This is not the total response time, it is simply the "travel" or "on road" time. c. Time is defined in minutes and/or seconds of response time. d. The full complement response (travel) time is established with a performance objective of not less than 90% for the achievement of the stated response (travel) time. e. Response Time Standard: The Fire Department has adopted aresponse/travel time standard of 8 minutes for the arrival of the full complement of a first alarm response to a wildland firefighting incident, which the Department should meet 90% of the time. RESPONSE COMPARISON To measure the ability to arrive and begin mitigation operations before the critical events of "brain death" or "flashover" occur, the Fire Department is required to establish response time objectives as explained in Section II, and compare the actual Department results on an annual basis against the established objectives. The comparison will begin in 2009 with a comparison of the established response objectives against actua12008 response times for the aforementioned levels of response. This section provides a reporting format to show the comparison. 1. Turnout time for all emergency incidents a. Turnout Time Standard: The Fire Department has adopted a turn out time standard of 2 minutes, which the Department should meet 90% of the time. b. Actual Department Comparison for the Year 2009: The Fire Department did/did not meet the turn out time objective 90% of the time; 90% of the Fire Department incidents experienced a turn out time of minutes/seconds. 2A. Response time of the first-arriving Engine Company to a fire suppression incident (4 firefighters) a. Response Time Standard: The Fire Department has adopted aresponse/travel time standard of 8 minutes for the arrival of the first engine company at a fire suppression incident, which the Department should meet 90% of the time. b. Actual Department Comparison for the Year 2009: The Fire Department did/did not meet the response time objective 90% of the time; 90% of fire suppression incidents had the first engine arrive at the scene within minutes/seconds of response time. • C-10 • 2B. Response time for the deployment of full first alarm assignment to a residential fire (14 firefighters) a. Response Time Standard: The Fire Department has adopted aresponse/travel time standard of 18 minutes for the arrival of the full complement of a first alarm response to a residential fire, which the Department should meet 90% of the time. b. Actual Department Comparison for the Year 2009: The Fire Department did/did not meet the full deployment response time objective 90% of the time; 90% of fire suppression incidents had the full deployment of first alarm responding personnel and equipment arrive at the scene within minutes/seconds of response time. 2C. Response time for the deployment of full first alarm assignment to a commercial fire (15 firefighters) a. Response Time Standard: The Fire Department has adopted aresponse/travel time standard of 18 minutes for the arrival of the full complement of a first alarm response to a commercial fire, which the Department should meet 90% of the time. b. Actual Department Comparison for the Year 2009: The Fire Department did/did not meet the full deployment response time objective 90% of the time; 90% of fire suppression incidents had the full deployment of first alarm responding personnel and equipment arrive at the scene within minutes/seconds of response time. 3. Response time of the first-arriving unit with a first responder (BLS) or higher level capability to an emergency medical incident a. Response Time Standard: The Fire Department has adopted aresponse/travel time standard of 8 minutes for the arrival of the first emergency medical unit with appropriately trained personnel on board (BLS) to an emergency medical incident, which the Department should meet 90% of the time. b. Actual Department Comparison for the Year 2009: The Fire Department did/did not meet the response time objective 90% of the time; 90% of emergency medical incidents had the first-arriving first responder (BLS) arrive at the scene within minutes/seconds of response time. 4. Response time for the arrival of an advanced life support (one Paramedic) unit to an emergency medical incident. a. Response Time Standard: The Fire Department has adopted aresponse/travel time standard of 8 minutes for the arrival of an advanced life support unit with appropriately trained personnel (one Paramedic) on board to an ALS emergency medical incident, which the Department should meet 90% of the time. b. Actual Department Comparison for the Year 2009: The Fire Department did/did not meet the response time objective 90% of the time; 90% of emergency medical incidents had the Advance Life Support (one Paramedic) unit arrive at the scene within minutes/seconds of response time. • C-11 5. Response time of the first-arriving apparatus with appropriately trained and equipped • Hazardous Materials and Technical Rescue Operations level personnel on board to a special operations incident. a. Response Time Standard: The Fire Department has adopted aresponse/travel time standard of 8 minutes for the arrival of the first unit with appropriately trained and equipped Operations level personnel on board to a special operations incident, which the Department should meet 90% of the time. b. Actual Department Comparison for the Year 2009: The Fire Department did/did not meet the response time objective 90% of the time. 90% of special operations incidents had trained and equipped Operations level personnel arrive at the scene within minutes/seconds of response time. 6. Response time of the first-arriving apparatus with appropriately trained and equipped personnel on board to a marine incident. a. Response Time Standard: The Fire Department has adopted aresponse/travel time standard of 28 minutes for the arrival of the first unit with appropriately trained and equipped personnel onboard to a marine incident, which the Department should meet 90% of the time. b. Actual Department Comparison for the Year 2009: The Fire Department did/did not meet the response time objective 90% of the time; 90% of marine rescue or firefighting incidents had trained and equipped personnel arrive at the scene within minutes/seconds of response time. 7. Response time for the deployment offirst-arriving engine company to a wildland • firefighting incident a. Response Time Standard: The Fire Department has adopted aresponse/travel time standard of 8 minutes for the arrival of the first-arriving engine company to a wildland firefighting incident, which the Department should meet 90% of the time. b. Actual Department Comparison for the Year 2009: The Fire Department did/did not meet the full deployment response time objective 90% of the time; 90% of fire wildland firefighting incidents had the responding personnel and equipment arrive at the scene within minutes/seconds of response time. • C-12 Council Presentation December 46, 2008 .~, ,.. ~~"~~ ,~ ~~ ;may-moo.:: ~~~% ° ° ° ° ° ° ° -}~ ~~ ~ Fire ®epartn7ent ° _ ~y ~, :: -: o Resp®nse ®bjectives ~` F ~ ° A SHB 1756 Compliance ° Proposal ~'r 4µ ' O ~ ~ O _ ~ x:' O w n. ~... ° 1.~'.fL~ G-+' t.. ... ° ° Presented by: ° ~~.; Y. ° Dan McKeen, Fire Chief ° ° ,, ,. ~~-.._~ ~.-~-W ackground ~_ °°°° ° o ~ SHB 1756 was adopted by the _ ~ ~`~~ ~ ° State Legislature ° ° ~ Largely derived from NFPA 1710 ~~ I ° ~ Standard for the staffing and deployment t s ' o of career fire departments ~ ~~' ~~~ r,~ ~ Nationally recognized and defensible ~ ~' €' 4- ~_`' ~ ~ Uses objective scientific backed ~, ~ o information to determine response time '~' ° standards o e~=~~.. ~ A similar-sized residential structure fire in Port ~_ -~--~- o Angeles and in Seattle have the same ° characteristics ~ ° ~ A cardiac arrest victim, regardless of location, ~'~ ~,. '., o requires the same interventions ° Council Presentation December 16, 2008 y~.~~ CS.)N'I ,S.\~ L .`®~ Background O O O o ~%~ 0 ' o Fire Life Cycle ~ 0 ~ o ~ o ~''~` 6 ~ O '° C ~~ ~, ~ c 0 r.,..-~ ~ ~~ ~ Q ' :C00-~n~L _S e. II :I M•~. S aka 0 O : eme 3g~i^2i lltr4.::1;?rnpe rliir urye ~, o ~__- ~^= o ~ 4:;' p Flashover typically occurs within 9 to 10 minutes from time of ignition ~~ :~ ~~°~- O Fire growth occurs exponentially -doubling .-~::~~r~-- ° itself every second during free burning if 0 O enough fuel is available o o Yi~rnura~, ~ i. ' r ~, Background ` ~ `'`.__~ o o O o 0 o - i 1~ ' s ~ 100 , ' ;,, O 0 80 / Every minute, I• ~ „m. ~ ° ~ the chance afwrvivat ~ +-~- r- ~ ~ 60 ~ decreases?-10'h. _,;~ o ;. ~ '~ ^ ~ a "d L `>~ o ~ 40 5316 ! ~'J ~'~ ~ ~ . 0 EI ~. p Timero OeliMfltatian (mnucesl ~ ~~"y1~ O ~.~n~..:a. ..~ns..~r.~. . J 4.~~~ , c O The only successful treatment for sudden cardiac arrest is early defibrillation. f,~=~ o The general rule of thumb is a 7 to 10% o decrease in the chance of survival for every ,~"~ ;,~- ~ minute that goes by without defibrillation. ?~ j~ `, p 2 Council Presentation December 16, 2008 t„ ~.... ~...,_z's' 4. ~s~CIC~I'®Uf1 Cal ~l °°°° ° ° =~ ~~~ ~ ~ NFPA 1710 is based upon the .° ° premise that successful outcomes .~ ° are dependant upon a rapid ~~` r ~: ° ° response and appropriately ~- ° ~~ ~ ~~- ~r~ %,~~; o trained & equipped personnel ~ ~~~ ~`~~'~ ~ o ~ Allows flexibility in how resources ~-- ~~ _ ~ o are deployed i~` ,_~e 7nS,. O ° `':'~ ° O 4 '';"+ ~ :... ° f ~ackgr®ur-d ° ° r=W is ~ ~ SHB 1756 requires Council to ~~ 0 adopt level of service standards by .~ -~ ° resolution or ordinance in an open ~ ~ o public meeting ~ ~ ~ ~~,~~ E, t- ,` o ~ Not required to adopt response ~ _;~-~ ` o standards that are unrealistic or ° unobtainable 7 r"_ ~. r~._~~ ° o ~ WCIA -Adopt standards that are ° realistic & conservative w ~~a ~. a «' ° ° ° ° 3 Council Presentation December 16, 2008 ,,~ °~ °°°° ° ° ~~ ._~ ~ ~ ~ After adoption, requires an annual _~ ° ° written report which evaluates the ° ° Department's level of service ~`€ ~ ~, ~ ; o ~ Where the adopted standards are ~. n. ~_, ~ ~4, ~ o being met, as well as not being met , ~ r~ `~.~ " o ~ Explain the consequences of any ~'' -'''` ° deficiencies and address steps to ' ~ ~"~ ` o achieve compliance :~~;_~- ° ° ° ,` ° k- ... ° ° ,.~~,~W~3,,.. %.-~~~ iVleth®d®logy ~_~--~ ~~; °°°° ° ° r .F~ ;. o ~ Response objectives shall include ~~ o time-based measurements ,.. , ° - ° ~ Definitions t ~.... ~~` '~ ~~ ~ ° ° ~ Turnout time -time from dispatcher ~,,t ~ ~~ ~ notification to time unit confirms , ~ £; ~ ~ ° ° they are responding ~ , ~~, w-~ ° ° ~ Response (Travel) Time -The time < <<~_ ~ ~. ~..~ o between turnout time and arrival ~___ _ ° ° time of initial company ° .~ r.f j ° O 1 ~M > ° 4 Council Presentation December 16, 2008 flr,u, ~, ~=% ., °°°° ° ° ° ~~° ' = o ~ To develop response time - o objectives Contracted with Peninsula College `' ~_ € ; = ° ° g pp' g, provided a s ~ Utilizin GIS ma m patial ~ ~ € ~ ~ ,'` o analysis of incident locations & response ~- ~~;., ° ° times - ° .-.. ~ ~,se,,.., S~n•b-f.'.... -`_`~~ - ° ° O O O ,,c~- r O O ~ w--' h'-P•.. O nt}~ra. ;~~, ~~ Ana-ys~s Response Time Map ~~r °°°° ° ° N _~ ° A ~~ ° O t ~, _ tom. .': r o k`s° ~ ' ~ t% O i Port AnpNes fve Opan nt o~ F ~ Frz Sw~en~ 2-eT Het Spots /~ _ p Rlspnn5! nm! o `~ / ~ r we ~ -- Mimree! o nv-age a ld ~._...__ O ._ <.., - p ..-, "~ ° - r D.5 t L5 1 O t~~btaes ~ o6sm.>:..[m,~..aun,m...n-'~ 5 Council Presentation I)ecernber 16, 2008 . ,~.~y AP1 ~I -~/SIS ~~ l^ ~ 0 0 0 0 ~. ° .- ~ ~ A turnout time & travel time ° spreadsheet was provided `- ~~ ~ Biggest variation is in turnout time based f . ~: LL~ ~ __ o upon time of day (day vs. night) ,~ ~ ~~ ~ ~ ~ ~ ° ~ Highest percentage of calls during the day ~ ~ ~~~ s,~t~ o ° ~ ,~-'~ _- ~ r o Time Alarms Turnout Travel ~"'~ ~~ ~ ° Day 2,434 01:41 04:40 ~' ~ '' ~ - 1 _'t. t ~ o ° Night 785 02:43 04:46 o Summary (avg.) 3,219 01:56 04:43 ° ° Study limitation -there is no difference between urgent and non- ,.~;„ ° urgent calls 0 o ~"a}. ~~, ~ ~~c^a..~l. ~ A11 a/ ~/SIS __ , 0 0 0 0 0 o ~ It is important to respond to the ~~ °=_ = of calls within a s ecified majorit 0 p y - o time frame ~n~ -~. ~ o ~ The response map outlined the percentage of , ~ ' ~^ ` '~ ~~~ ~~ calls that were responded to in each "time ~~ ~ ~ ~ o zone" ~ ~. , ~ ~_ E o ?' ,;r~~,~-y o Travel Time Zone Actual , 0 4 minutes or less 50.8 _ _ , ~~'l.. 6 ru~`,.~'.,. ~:_:::.~; 0 4 to 6 minutes 27.3 ° 6 to 8 minutes 11.9 0 o More than 8 minutes 10.0 y ° 0 6 Council Presentation December 16, 2008 ~~~ f®NI ,~,~~' ~ ~~~ : ~ , ~ Discussion ~F o 0 0 0 0 ° ~~ ~ ~ ~~= ~ ° ° ~ The study showed that in 2007, o ° PAFD responded to 90% of the ~ .~' °: ~~~ o calls within 8 minutes . . . ~~ ~ ~ ~° ° ~ 4 minutes longer than the NFPA ___`T ~" ~ ~ ~ ~ s recommendation ~ o ~ `~T~-- ° ~~ ° 0 ~, ~. ,nom ° .~~~~ ~ o ~ 0 0 ,v ~a ~- o y i'S ~ \ - o ~ L~,,:, ° i Discussion ~ ~ 0 0 0 0 0 -~ o ° ~ To partially offset the extended .Y~r °,~ o ° response times to the west end, ~~~_ 0 the City adopted a fire sprinkler ~} ~~ o ordinance ~. ~ ~, ~~ ° ~;, ~' ° ~ Does not protect existing structures ~~ ~a ~~ _:~ o or address medical aid ~.c' : ~- ~ ~ ; ~~" Y`/ ~ o ° ~ Eventual fire station located to the ~A ='1 ,~ : a west _ 0 ° ~ ".; _.~~ .., ss ~ o o ~r- ° Council Presentation December 16, 2008 ..... ,,, ?~~ ®~scussion ° ° ° ° ° m ~ ~ Rapid response to a fire is not ~- ~~ ° ° enough, it takes sufficient personnel '~` v ~' ° to perform a variety of tasks ~ ~ r ~~,~~- -~~'~ ° o ~ Number of personnel directly linked to ~` ~ ~'~`~~ firefighter & civilian safety ~..~ I ~ -~'~ ~' SJ ~ ~ .,. ° ~ NFPA 1710 recommends first arriving ~~ ~~,.~' ~ ~=- ° ° company consists of 4 personnel . . ~- 4,~ ° ~ ~ State law requires "2 in and 2 out" prior to ° initiating interior attack _ - ° ° ~ NFPA 1710 recommends 14 personnel for <~ ~ o full first alarm at a residential fire ~ }~ ~{ ~ ~~.~. -~ ° ° `~~,. ~! ®iscussion ~J °° ° °° -~ _~7~ ° o ~ PAFD relies on off-duty personnel y, ,. __ ° for the majority of its needed ~~~~~ ~ ° firefighting personnel ~:~ .~ ~'`~~ r~: o ° ~ A full alarm assignment at a structure ~ ~~ ~ °'~ ° fire re uires 9 to 10 firefi hters in q 9 ~~~;~ ~ ~ ~ ~ .f+~~., - ° ° addition to on-duty personnel ~ ~~'' o ~ Off-duty career & volunteer .t_ - .~.~-~~ ° ° ~ Dependent upon time of day & day of the week ° ° ,, ~, ~, ~~~ ,~ ~ ° ° ° 8 Council Presentation December 16, 2008 „,~, .,, :r ~. ®~a7~/6.~~~,®n ` ~ ~ Steps have been taken to address ~~ ~ - ~_ ~ staffing ° ° ~ Functionally consolidating volunteer o firefighter programs with CCFD #2 r ~ `~ ~`~~' o ~ Replaced EMTs with paramedics -~ ~ ~.~~~~ ~ ~ Procedural changes ~ ~~~ ~~~ ~ o ~ Relaxed limits on off-dufy career "- ~~ ° participation ° ~ ~ Implementing volunteer firefighter _ ° e ~ ,~ ~~~' mandatory participation requirements _ ° ° ~ Entered into discussions regarding a ° <:;;~; ~~ ° full consolidation with CCFD #2 ~_~y ~ , ° - r_~ - ° dation e R n ecornrn ~~ ~. ° ° ~ -==~ ° o ~ Response standards -turnout time o ~ For all emergency incidents ~~; ` ~~; o ~ Time from dispatch until responders `_ ~~ -~ ~ ~- ~~: o indicate they are enroute -~= ~~ ~ ~~ ~~' ° ° ~ Standard - 2 minutes 90% of the ;. r r = ° ° time ° F ::F ° ~~- r~ ° ° ° ° ~° ~;.. ° ° ° 9 Council Presentation December 16, 2008 ---'' B"~ ~~i oP13~'17 @~1 C~a tf®f'1 ~~; ° °°° ° ~ Response standards -fire ° ° suppression incident ` ° ~ Travel time of first arriving engine ~ t:~.~ : ~~~~ ° 4 firefighters) companLr ( `~' ~'c ~, r ~ ° , ~ Requires engine & medic unit ~ ~-~ € ~' ~+' ~ ~ From when firefighters confirm they ~~~:~ ~~ ~.. ` ° o are responding to the point they E -j~,, o arrive on the scene ~`~ ~ Standard -- 8 minutes 90% of the - ° ° time ,,x~ ;~ ` ~:;~ ° ° ° .,., ` Recomrr-endation __s v-~, ~~ °°°° ° o ~ Response standards -fire . ,, ,, ~" u"~- ° ° suppression incident ° ° ~ First full alarm assignment - ~., ~ ;~~ ~ residential fire (14 firefighters~or ._ f~ E=f. ~-,:~: ~ o commercial fire (15 firefighters) ; ~ ~~ ~~ E'~~ ~ ~ ` ° ° ~ From when firefighters confirm they ` -~= ~ ,.~, - ° ° are responding to the point a first full ~a<< o alarm assignment is on scene ..~ - "=~~-- ~ ~ Standard -18 minutes 90% of the ° ° time ° {. ° ° 10 Council Presentation December 16, 2008 ` ~ ` recommendation ,~ O o ° ° 0 T o ~ Response standards -emergency ~- ~~ ~ W 0 medical services `~°'~_: -- ~~ o ~ Travel time of first arriving engine ~ P r E~ o company or transport unit for BLS or ~ ~ ~} ° f`:~~: ~_, ( ~ o first arriving ALS unit with not less ~, °w~ _ ~ ', ~~ ~ ~ O than one paramedic ~ ~ - ~~ ~~ ~ ~ ~ ~ From when appropriate responders ~= o confirm they are responding to the ~: ; `;rye o point they arrive on the scene ~`~-'~' ``~'" ~ Standard - 8 minutes 90% of the ° ° time Vfl r: O L. O :/ \~_ • . ''°~ ~ ` recommendation ~,~~. ~ ° O O o 0 ~.- Po ~ ~ Response standards - haz-mat & _~ , ~ ° ° technical rescue (operations level) -~ 0 o ~ Travel time of first arriving engine , w '~.~ ~ o company with operations level `~ - ~~ ~,~~~ ° responders ~~~'' ~~ ~~' 0 ~ From when responders confirm they ~~= ~- "~ ~u~I~ o are responding to the point they ~ ~;-- ~' ° ° arrive on the scene ~ 13 : __. ~~ -- ~ Standard - 8 minutes 90% of the 0 ° time :~ 'k ~~"~t ~ ~ o ° _~, F - ° 11 Council Presentation December 16, 2008 ,~„,.~.,N,.,.,~ ~ ~~: Y Recommendation °°°° ° ~ Response standards -marine ° incident ` ~ ~ ° ~ Travel time of first arriving unit with { ~~~~;- ~~ o equipped responders to a marine ~~ r; ~e~=~ ° incident ~-~i ~ , o ~ From when responders confirm they . -~ _ x ~" o are responding to the point they ~- 4-- = ° ° arrive on the scene ~=~-~`- ~ Standard - 28 minutes 90% of the •= ° ° time :- :~fb ~=_- t, ~y :~ , ° ° ~,, ~~ ° `~~ P(?Nit ~~~~, Recommendation '`~/ °°°° ° ° ~~ W ~ ~ Response standards - wildland fire ° ° ~ Travel time of first arriving engine ~~ J ° ° company ~. ~ f ~ ~,~.~ o ~ From when firefighters confirm they I~ }; ~6'. o are responding to the point they ~,~ ,~ ~ ~-~~; ' o arrive on the scene ~ Standard - 8 minutes 90 /o of the ~.: 1.-~ •rA~~ •~ ~ .~ ° time ° ° 4_ *~ ° ` ° r'a.' - o 12 Council Presentation December 16, 2008 ~~ a .. PP7 C.'®C1 CSl.I S-®I'l °°°° ° ° .~~ - ~ ~ It is impossible to eliminate risk ° ° completely. Ultimately it is the ~Y '~_ community that must decide how _ ~~~~a' ~ o much risk they are willing to accept `' ~'' ~ ~' ~~ ~` ~ ° ° ~ Priorit should be laced on those Y P ~, ~~~~~ ~ ~ ., ° ° situations that are routine and those Y ° that are predictable - r , ;;nom > :,f ~. __ ° ° ° ° {.~, r - ° ° s; ~ ° ~~'r\'. Acti®n Requested °°°° ° ° ;z ° ~~:~ ° - ° -1 ° ' ~ ° 7 ~~, ~ ~' ~ S~j O ~' ~, ° ° ~ m ,_, ,x~~ _ ~~- ° W~ ~ .- . - ° ° ° _;i:, ., i - O Adopt staff's recommended response standards by resolution 13 v Council Presentation December 16, 2008 ,, ,.~,~ r~~~, }/~ J i 0 0 0 0 0 o , ~`~~ O O O .~F - -, O o 0 Y ~. ~ ~ ~i O I ~,"; ~'' ~' E,, o r~ ~ ~ r v " o ~ o 0 N ~ , N `a ,ip~, o O O O -~ 't ;` ~~~y f~Y\ ? O O k o 14 • • DATE: December 16, 2008 TO: CITY COUNCIL NGELES FxO1vI: Glenn A. Cutler, Director of Public Works & Utilities SUS,IECT: Treatment Plant Operating and Maintenance Fund Code Revision Summary: The Treatment Plant Operating and Maintenance Fund was established as Chapter 13.42 of the Port Angeles Municipal Code (PANG), for funding of operations and maintenance activities for the Port Angeles Water Treatment Plant. Changes in the PAMC are necessary to allow for more flexibility in the Water Utility's use of this fund. Recommendation: Conduct a first reading of the attached ordinance, which allows for making expenditures from the fund for purposes of the Port Angeles Water Treatment Plant and other Water Utility activities. Background/Analysis: The Treatment Plant Operating and Maintenance Fund was established as Chapter 13.42 of the Port Angeles Municipal Code (PAMC), for funding of operations and maintenance activities for the Port Angeles Water Treatment Plant (PAWTP). The recent Transfer Agreement that was signed between the National Park Service and the City addressed the transfer of ownership, operations, and maintenance of the PAWTP. This included allowing the City's Water Utility use of the fund for other activities, including operations and maintenance activities, prior to and after construction of the facility and transfer of ownership. Changes to Chapter 13.42 of the PAMC are included in the attached ordinance, consistent with the Transfer Agreement. It is recommended that Council conduct a first reading of the attached ordinance, which allows for making expenditures from the fund for purposes of the Port Angeles Water Treatment Plant and other Water Utility activities. Attachment: Revised Ordinance Sections 3.42.015 and 3.42.020. N:\CCOUNCIL\FINAL\Ordinance Revision -Water Treatment Plant Fund, lst Reading.doc] E-1 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, revising Chapter 3.42 of the Port Angeles Municipal Code relating to Public Works and Utilities Department Treatment Plant Operating and Maintenance Fund. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Orduiance 3230, and Chapter 3.42, Sections 3.42.015 and 3.42.020 of the Port Angeles Mu~~icipal Code are hereby amended by amenduig Chapter 3.42 to read as follows: 3.42.015 - Fund Subj ect to Conditions. The City e~eet~lxat has received funds from the National Parlc Foundation"'=andfar the National Park Service {NPS)_ ' The City recognizes and accepts the following conditions placed on money paid into this Fund by those entities > > ~ ,~ -1- ~ • E-2 • Resir-ictions on use of funds. 1. Prior to substantial completion of the Port Angeles Water Treatment Plant (PAWTP) and Ranney Well unprovements, funds in the "Treatment Plant Opexatin~ and Maintenance Fund" shall be used only for required costs of operating and prepazin~ to operate the PAWTP. 2. All restrictions on use of the OM&R funds will cease when the PAWTP and ~ Ranney Well improvements are substantially complete. 3.42.020 -Expenditures. The Treatment Plant Operating and Maintenance Fund shall be used and expended ?-for the payment of necessary or proper expenditures or obligations incurred in or incident to the repair, upkeep, maintenance or operation of the ~~el~s City's water utility_infrastructure, includine, but not limited to the PAWTP, and usual expenses related to the administration of the fund and its equitable share of general utility expenses. Disbursements shall be made out of said fund upon the request of the Director of Public Works and Utilities to defray such costs and expenses. (Ord. 3230§ 1 (part}, 12/30/2005) • Section 2 - Severability. Tfanyprovisions ofthis Ordinance or its applications to any person or circumstances is held to be invalid, the remainder of the Ordinance or application of the provisions of tb.e prdinance to other persons or circumstances is not affected. Section 3 -Corrections. The City Clerk and the codifiers of this ordinance aze authorized to snake necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's/clerical erroxs, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4 -Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect January , 2009. -2- E-3 PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 16th day of December, 2008. MAYOR ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: , 2008 By Summary G:1Legal BecF.up10RDINANCES&ItESOLLIT]ONSIORDINANCES.2609156-TceatmeniPlani Fund.12690g.wpd December 11, 2668 • _3_ E_4 • NGELES DATE: December 16, 2008 TO: CITY COUNCIL FROM: TERRY K. GALLAGHER, CHIEF OF POLICE SUBJECT: TRAFFIC VIOLATIONS BUREAU Summary: Cities, under certain conditions, are authorized to create a Traffic Violations Bureau (TVB). A TVB allows fines in uncontested traffic infractions to be paid without the need to file tickets with the court. Currently every infraction filed with the court costs the City $20.56. The creation of a TVB allows the City, through the Police Department, to collect traffic fines from violators while avoiding the court-filing fee. Recommendation: Conduct 2°d reading and establish a Traffic Violations Bureau by adopting the proposed ordinance. Background/Analvsis: The City contracts with Clallam County for traffic court services. Under the contract the City pays a fee to the county for each traffic infraction that is filed with the court. Approximately 1,800 traffic infractions will have been filed by the end of 2008. A similar number will probably be issued in 2009. The filing cost per infraction is $20.56 or, at 1,800 tickets per year, $37,008.00. The creation of a TVB allows the collection of traffic fines without having to file the ticket with the court. This means that violators that choose to simply pay, rather than contest or seek mitigation of a ticket, can remit fine money directly to the TVB. It is difficult to predict the number of violators that might choose to pay a traffic infraction directly. However, based on conversations with other jurisdictions and the local District Court, it appears safe to assume that about 20% of all violators would prefer to simply pay a ticket. If 20% of 1,800 violators were to choose this option, the City would realize a savings in filing fees of approximately $7,401.60. (Some jurisdictions report remittance rates as high as 43%.) The Police Department is working toward the establishment of a Traffic Violations Bureau. The intent is to have the TVB operating by January 1, 2009 if the Council chooses to enact the proposed ordinance. Several issues need to be resolved. For example, the instructions on the current Notice of Infraction form need to be amended so that a violator knows to remit payment to the TVB, rather than to court. Finance needs to assist the Police Department in establishing a method of collection and disbursement of revenues that meet established standards. PAPD needs permission to access the Justice Information System (JIS) computer data base so that infractions can be entered and dispositions recorded. While time consuming, these issues will be resolved. The Police Department recommends that Council create a Traffic Violations Bureau. A TVB will lighten the workload of an overburdened court system, save the City filing costs, and in general, make a positive contribution to the efficient operation of the local criminal justice system. E-5 ORDINANCE NO. • AN ORDINANCE of the City of Port Angeles, Washington, revising Title 10 of the Port Angeles Municipal Code to add a new Chapter 10.30 to establish and set forth the functions of the City of Port Angeles Traffic Violations Bureau. WHEREAS, the Clallam County District Court I has agreed to authorize the establishment of a City of Port Angeles Traffic Violations Bureau to operate under its supervision upon adoption of an ordinance by the City of Port Angeles establishing a Traffic Violations Bureau; and WHEREAS, the City of Port Angeles wishes to process traffic infractions via a Traffic Violations Bureau; NOW; THEREFORE THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN as follows: Section 1. The provisions of Title 10 of the Port Angeles Municipal Code are hereby amended by the addition of Chapter 10.30, to read as follows: Chapter 10.30 TRAFFIC VIOLATIONS BUREAU Sections: 10.30.010 Traffic Violations Bureau Established. 10.30.020 Authority/Jurisdiction. 10.30.010 -Traffic Violations Bureau Established. There is hereby established pursuant to RCW 3.30.090 a Traffic Violations Bureau for the City. to be known as the Port Angeles Traffic Violations Bureau. The Port Angeles Traffic Violations Bureau herein established shall be in conformance with Chanter 46.63 RCW and RCW 3.30.090. -1- E-6 • 10.30.020 -Authority/Jurisdiction. A. The Port Angeles Traffic Violations Bureau shall operate under the supervision of the Clallam County District Court I to assist the Court in processing traffic offenses. B. This Chapter shall confer authority upon the Court, in coniunction with iurisdiction and authority otherwise available, to allow any and all traffic offenses, including criminal violations or infractions, to be processed through the Port Angeles Traffic Violations Bureau. C. Any traffic offense made such by virtue of City enactment, shall be designated a traffic offense, violation or infraction, which may be processed through the Port Angeles Traffic Violations Bureau. D. The Port Angeles Traffic Violations Bureau is authorized to receive the posting of bail for specified offenses and as authorized by the Clallam Countv District Court I to accept forfeiture of bail and payment of penalties. 1. The Court shall specify the amount of bail to be posted and shall also s ecify the circumstances or conditions which will require an appearance before the Court. 2. The Port Angeles Traffic Violations Bureau, upon accepting the prescribed bail, shall issue a receipt to the alleged violator, which receipt shall bear a legend informing the violator of the legal consequences of bail forfeiture. 3. The Port Angeles Traffic Violations Bureau shall transfer daily to the Clerk of the proper department of the Court all bail posted for offenses where forfeiture is not authorized by the Court Order, as well as copies of all receipts. 4. All forfeiture or penalties paid to the Port Angeles Traffic Violations Bureau for violations of municipal ordinances shall be placed in the City General Fund. Section 2 -Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 3 - Severability. If anyprovisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. • -2- E-7 Section 4 -Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect January 1, 2009. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of December, 2008. MAYOR ATTEST: APPROVED AS TO FORM: Becky J. Upton, City Clerk William E. Bloor, City Attorney PUBLISHED: December , 2008 By Summary G:\I.egal_Backup\ORDINANCES&RESOLUTIONS\ORDINANCES.2008\54 - Tr316c Violations Bureau.111708.wpd _3_ • E-8 • DATE: December 16, 2008 TO: CITY COUNCIL VGELES FROM: TERRY K. GALLAGHER, CHIEF OF POLICE SUBJECT: PARHING VIOLATIONS ORDINANCE Summary: At the City Council meeting of December 2, 2008 an amendment to the municipal code was proposed that would have increased local parking fines. Tickets that are currently $10.00 and $20.00 would increase to $25.00 and $40.00 respectively. A local businessman spoke in opposition to the increase and raised other issues in respect to parking. Staff was directed by Council to investigate and make recommendations in regard to the comments from the businessman. Recommendation: Conduct 2"d reading and pass ordinance as originally proposed. Background / Analysis: At the December 2, 2008 City Council meeting the first reading of an ordinance amending the existing parking ordinance occurred. The proposed amendments to the ordinance would have increased parking fines from the current rates of $10.00 and $20.00 to $25.00 and $40.00 respectively. A downtown business owner spoke in opposition to the increase in fines and suggested other changes in regards to parking regulations that Staff was directed by Council to analyze. Staff was directed to report back to Council at the December 16, 2008 meeting. Increase minimum parking time from 2 hours to 3 hours: While the Police Department has no direct objection to the length of time a person is allowed to park, the proposed increase would very likely have a substantial impact on the parking enforcement program as currently configured. The Parking Enforcement officer is a part-time employee. She currently works 69 hours each month. This is usually accomplished by working 11 days a month with shifts of six or seven hours. Besides the inherent scheduling difficulties, increasing the 2-hour limit to 3-hours may also cause a decrease in the number of tickets written, meaning that there would be less accountability for violators. For the officer to be most efficient/effective, the hours worked daily would have to increase. To stay within the program funding limits, the number of days worked each month would have to be reduced. Staggered fine structure: A suggestion was made that the first citation received by a violator remain at $10.00 but that the • fines for subsequent tickets increase at a graduated rate. The Police Department objects to this E-9 proposal in that it needlessly complicates parking enforcement without having any measurable impact on downtown parking issues. Enforcement efforts are intended to correct or ameliorate an identified problem (not to generate revenue). From a law enforcement perspective, a graduated fine . structure does not meet this criterion. There have been 2,950 parking tickets issued through November of this year. A graduated fee structure would require the parking enforcement officer to conduct a records check prior to issuing every ticket to determine the proper fine for the violation. At one minute a ticket this amounts to approximately 50 hours of radio time annually. It is likely that one-minute is far less staff time than would actually be involved. Finally, the proposed increase in parking fines is the result of a Police Department study of parking rates in other communities, both on and off the Peninsula. $25.00 and $40.00 fines are not excessive. Parking fines in Sequim, for example, are $25.00 and have been so for the last several years. Additionally, parking permits for the downtown area are available at a fee of $15.00 per month. For those working in the downtown area it seems sensible to put a fine structure in place that encourages better use of the permit process. The Police Department recommends that the parking ordinance amendment be enacted as originally proposed. • E-10 • ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending Chapter 10.20 of the Port Angeles Municipal Code relating to penalties for parking violations in the City of Port Angeles. THE CITY COUNCIL OF THE CITY OF PORT ANGELES do hereby ordain as follows: Section 1. Ordinance 3184 and Chapter 10.20 of the Port Angeles Municipal Code are hereby amended by amending Subparts A and B of Section 10.20.140 PAMC as follows: 10.20.140 Violations -Penalties. A. Any person who violates or fails to comply with any of the requirements of PAMC 10.20.~i~6 90, Limited Time Zones, shall be deemed to have committed an infraction and shall be assessed a penalty .Twenty-five ($251 Dollars. • B. Any person who violates or fails to comply with the requirements of PAMC 10.20.070(A), No Parking Zones, shall be deemed to have committed an infraction and shall be assessed a penalty of Fortv ($401 Dollars. Section 2 -Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction ofthescrivener's/clerical errors, references, ordinance numbering, section subsection numbers and any references thereto. Section 3 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. r~ -1- E-11 Section 4 -Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect January 1, 2009. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of December, 2008. MAYOR ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney • PUBLISHED: December , 2008 By Summary G:U.egal_Backup\ORDAIANCES&RESOLUTIONS\ORDINANCES.2008W5 - ParkmgViolationFees.10.27.O8.wpd November 20, 2008 _2_ • E-12 • • • ART 1~T~EL W A S H I N G T C? N, U. 5. A. CITY COUNCIL MEMO DATE: DECEMBER 16, 2008 TO: CITY COUNCIL FROM: BRAN S. SMITH, DEPUTY CHIEF OF POLICE SUBJECT: EMERGENCY ALARM ORDINANCE Summary: Year to date the Police Department and Fire Department has responded to 673 "emergency alarms" of all category types (452 as fire alarms, 221 as burglar, robbery, or other "trouble"). Available data indicate that the Port Angeles emergency alarm response profile is consistent with the national average of 98% of the alarms as being deemed "false alarms". The City incurs costs associated with response to the emergency alarms regardless of whether the circumstances surrounding the alarm activation is ultimately determined to be founded or unfounded. The ordinance as proposed seeks to lessen the number of overall false emergency alarm responses in the City and recover some of the costs associated with multiple responses to false emergency alarms. It is very similar to the existing Clallam County emergency alarm ordinance. The proposed City ordinance requires an emergency response card from each alarm holder to be on file with the Police Department (PENCOM), establishes a definition of an emergency alarm, establishes the assessment of fees for second and multiple responses to a premises within 180 days, establishes requirements for corrective actions, establishes criteria for the Police or Fire Chief to order an alarm disconnection, and establishes penalties for persons who knowingly and intentionally turns in a false emergency alarm. The financial penalty seeks to establish accountability. Similar ordinances have resulted in decreases in false emergency alarms. Recommendation: Approve the "Emergency Alarm" ordinance as proposed. Background /Analysis: While the City (PENCOM) database does not tell us how many emergency alarm responses by Police or Fire were actual alarms versus false alarms (or accidental activations), the available evidence indicates that Port Angeles is similar to other areas of the United States. In a published report by Erwin A. Blackstone and Simon Hakim, of Temple University and Uriel Spiegel of Bar-Ilam University, law enforcement alarm responses were looked at nationwide. Police response to burglar alarms constituted 10 to 20 percent of all police calls, but 94 to 99 E-13 percent of those were determined to be false. In 1997, 98% of all alarm activations in • Sacramento CA were reported to be false. In DeKalb, Ga., in 2000, only 39 out of over 144,000 alarm calls were actual or attempted burglaries. That same year, 97.5 percent of 30,000 police responses to burglar alarms in Seattle were false, and only 40 burglars were apprehended. Chicago police annually respond to over 300,000 alarms, 98 percent of which are false. In 2000, total national cost for responding to 36 million false burglar alarms was $1.8 billion. Absent alarm responses, the authors estimated that 35,000 officers nationwide could be shifted to other duties. The Seattle Police Department calculated that, on average, it cost the department $52 to respond to each false alarm in 2000. And in Seattle, the cost per burglar for the 40 who were apprehended during alarm calls in 2000 was $38,500. Seattle's 911 center reportedly spent $303,237 processing alarm calls in 2000, 97.5 per cent of which were false. The Port Angeles Police Department thinks that an in depth analysis of its emergency alarm responses would yield similar data and patterns. The Santa Monica Fire Department reported responding to 3,597 false fire alarms between 2003 and through 2005. Of those, 2641ocations required three or more emergency responses during the same fiscal year. The City of Port Angeles estimates the cost of a Police response to a false non-fire emergency alarm to be consistent with the $50 to $60 per event as reported by other jurisdictions. The Fire Department estimates the cost per false alarm response is at least $200. These cost estimates do not include the costs associated with police units or a fire department engine company being out of service and unavailable for other calls while assigned to what is ultimately determined to be a false emergency alarm. • A review of other cities in Washington and across the United States indicates that emergency alarm ordinances have been widely adopted. They appear to be an industry best practice, and generally have a positive impact on some of the problems associated with false emergency alarm responses. The goal of this proposed City alarm ordinance is to follow the best practices of other municipalities in the United States and use the ordinance as a tool to recover and reduce costs to the City, encourage accountability on the part of alarm holders, and over time reduce the overall number of false emergency alarms. • E-14 • ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, regulating emergency alarms, establishing fees for monitoring emergency alarms, and adding a new Chapter 9.50 to the Port Angeles Municipal Code. WHEREAS, the Port Angeles City Council finds that false emergency alarms occurring within the City cause an unnecessary expenditure of valuable resources and that administrative fees for false alarms should be imposed to cover the City's response costs and lessen the number of such alarms, as well as to encourage alarm owners to maintain alarms in proper working order; and WHEREAS, the Port Angeles City Council further finds that it is necessary to recover the • costs incurred in monitoring emergency alarms; and WHEREAS, this Ordinance is in the interest of the public health, safety and welfare. NOW, THEREFORE, the City Council of the City of Port Angeles do ordain as follows: Section 1. There is hereby added to the Port Angeles Municipal Code a new Chapter 9.50 entitled "Emergency Alarms" to read as follows: Chapter 9.50 EMERGENCY ALARMS Sections: 9.50.010 9.50.020 9.50.030 9.50.040 9.50.050 9.50.060 9.50.070 • 9.50.080 Pumose. Definitions. Emer~ency Response Card. Audible Alarms -Nuisance. Fees -Corrective Actions -Disconnection. Assessment of Fees. Hearing -Default. Payment of Fees Required. -1- E-15 9.50.090 Automatic Dialing Device -Certain Interconnections Prohibited. • 9.50.100 Automatic Reset Required. 9.50.110 Tampering with Alarm Systems. 9.50.120 False Alarms -Penalties. 9.50.010 Puroose. It is the intent of this chanter to reduce the number of false alarms occurring within the City of Port Angeles and the resulting waste of City resources, to reduce the dangers inherent in emer~ency response, and to provide for corrective administrative action, including fees and potential disconnection and criminal penalties. 9.50.020 Definitions. A. "Automatic dialing device" means a device which is interconnected and is programmed to select predetermined telephone number and transmit by voice message or code signal an emer~ency message indicating a need for an emer~encv response. B. "Emer~ency alarm / emer~ency alarm svstem." An emer~encv alarm svstem is an alarm svstem incorporated into a residence or commercial structure that delivers some kind of message indicating an emergent situation, whether that be an intrusion, a crime in progress. a fire, - or some other event reauirin~ an immediate public safety response. Emereencv alarm characteristics tvpicallyinclude some or all of the following: The svstem may comprise a central control unit which is directly or indirectly connectedto every other component of the emer~ency alarm svstem. The central control unit may tri~~er and stop a visual, audible, or electronic alarm generator, either simultaneously or separately, upon receiving signals from other components of the emer~ency alarm svstem. A portable control element and a sienal-~eneratin~ detection may be used for starting and stopping the central control unit, which in turn tri~~ers a power supply means to cause a change, through the visual alarm generator, in color of a visible outdoor board and to commence, through the audio alarm generator, an alarm. A hidden sensing circuit can serve as the sienal-~eneratin~ detection means. C "False alarm" means the activation of an emereencv alarm at a time when no event involving a foreseeable risk of grievous bodily harm is occurring or about to occur upon the premises. "False alarm" further includes the activation of any other emer~ency assistance request device at any time when there isno foreseeable risk of Qrievous bodily harm to any person upon the premises or property damage upon the premises from which said alarm is activated. Lifeline eto summon alarms and similar medical alert devices designed to allow persons living alon _ medical assistance are specifically exempted. D. "Fire Chief' includes the Fire Chief of the Citv of Port Angeles and/or designee. E. "Interconnect" means to connect an alarm svstem, including an automatic dialing device, either directly or through a mechanical device for the pumose of transmitting a message upon the activation of an alarm svstem. F. "Owner" means the person having or maintaining the alarm on premises owned and/or occupied by that person. G. "Person" means any natural person, partnership, ioint stock company, unincomorated association or society, or corporation of any character whatsoever. H. "Police Chief' includes the Police Chief of the City of Port AnEeles and/or desk -2- E-16 • • L "Response" shall be deemed to have occurred when the Police Department or Fire Department begins to proceed towards the premises as the result of an activation of an alarm. J. "Service," or its derivatives, shall be construed to mean personal service or service by certified mail, return receipt requested. 9.50.030 Emer~encv Response Card. It is unlawful, and shall be declared a misdemeanor, to have or maintain on any premises an emer~ency alarm or alarm system unless there is on file with the Port Aneeles Police Department an emergency response card containing the name(s). address(es) and current telephone number or numbers of person(s) authorized to enter said premises and turn off any alarm. Such emer~encv response card shall be in such form as prescribed by the Chief of Police or Fire Chief. 9.50.040 Audible Alarms -Nuisance. Anv alarm audible on abuttine property is hereby declared to be a public nuisance and may be abated by the Police Chief or Fire Chief. Either Chief may abate an emergency alarm system as a public nuisance in any of the followine circumstances: A. If the subscriber fails to disable or disconnect a emer~encv alarm system for which a previous registration has been revoked or for which a previous registration has been conditioned and the conditions have not been fulfilled. B. An emergency alarm system which has not been registered under this ordinance. C. An emergency alarm system which does not meet the operational standards for alarm systems set forth in Sections 9.50.090 and 9.50.100. or an_y_ other standards mandated by • this ordinance. D. An emergency alarm system which has given false alarms exc_e_ed_ ing six (61 in any given calendar year. E. An emergency alarm system for which a registration h_a_s lapsed and the alarm s stem is still in operation. 9.50.050 Fees - Corrective Actions -Disconnection. For Citv response to any false emergency alarms, the City of Port Angeles is, at the discretion of the PoliceChief or the Fire Chief (as appropriate), entitled to recover fees from the owner as follow_ s: A. For a response to premises at which no other false alarm has occurred within the proceeding one hundred eighty (180) day period, hereinafter referred to as a "first response," no fee shall be charged. B. Upon a second response to the premises within 180_ days after a first response, the City shall be entitled to assess a $50.00 fee. The owner of the alarmed premises shall report to the Police Chief or Fire Chief, as appropriate, in writing: 1. The cause for such false alarm: 2. The corrective action. taken: 3. Whether and when such alarm has been inspected by authorized service personnel; and 4. Such other information as the Chief of Police or Fire Chief may reasonably require to determine the cause of the false alarm and corrective action taken The Chief of Police or Fire Chief may also direct the owner to have authorized personnel inspect and correct defects in the alarm system, at owner's expense. • -3- E-17 C. For a third response to the premises within 180 davs after a second response, the • City of Port Angeles shall be entitled to assess a fee of $100.00. If said third false alarm or anv succeeding false alarm occurs as a result of failure to take necessary corrective action, the Police Chief or the Fire Chief may order the owner to disconnect such alarm until such time as verification of corrective action is provided to the Police Chief or Fire Chief; provided, however, that no disconnect shall be ordered for anv premise required by law or regulation to have an alarm s stem in operation. D. In the event the Police Chief or Fire Chief determines that a false alarm occurred as a direct result of an interruption of electrical power, a telephone line malfunction, or a malfunction of the alarm equipment clearly beyond the control of the owner of the premises the City may waive its claim for fees. Such waiver is at the sole discretion of the Police Chief or Fire Chief, as appropriate. E. After 4 or more false alarms in a 12 month period, the Police Chief or Fire Chieft may suspend emergency response to alarms initiated by an automatic dialing device. 9.50.060 Assessment of Fees. ~ A statement setting forth the fees due under this chapter or an order of disconnection under the provisions of this chapter shall be served upon the person having or maintaining the alarm on premises owned or occupied by them. With respect to business premises, the owner, manager, or chief administrative agent regularly assigned and employed on the premises at the time of the occurrences of a false alarm shall be presumed to be the person having or maintaining said alarm on said business premises. 9.50.070 Hearing -Default. Unless a written request for hearing is served upon the City • Manager within fifteen (151 davs of service of the statement described in Section 060 above, the fees assessed in such statement shall become final. 9.50.080 Payment of Fees Required. The City Manager may authorize the City Attorney to collect the fees by appropriate legal action, and in connection with any proceeding to collect fees, the owner, in addition to the fee imposed by this chapter, shall be responsible for reasonable attorneys fees and court costs. 9.50.090 Automatic Dialing Device -Certain Interconnections Prohibited. A. It is unlawful for anv person to program an alarm automatic dialing device to select any telephone line assigned to the City of Port Angeles and it is unlawful for anv person to fail to disconnect or reprogram such device within twelve (121 hours of receipt ofwritten notice from the City to disconnect or reprogram the automatic dialing device. Automatic dialing devices may be programmed to dial commercial or private entities who have agreed in advance to receive such calls. B. Within sixty (601 davs after the effective date of the ordinance codified in this chapter, all existing automatic dialing devices programmed to select a telephone line assigned in the City shall be reprogrammed and/or disconnected. -4- E-18 • 9.50.100 Automatic Reset Required. Within sixty (601 days after the effective date of the ordinance codified in this chanter, all alarms maintained on any premises in the Citv shall have an automatic reset device which will deactivate the alarm after fifteen X151 minutes ofcontinuous o eration. Anv owner failing to install such an automatic reset device as required in this section shall be guilty of a misdemeanor. 9.50.110 Tampering with Alarm Systems. A. Tampering. It shall be unlawful and a misdemeanor for any person to tamper with or to cut, break, deface, or actuate any alarm device, wires, wires support or appurtenances thereto or to intentionally transmit an alarm knowing no emergency exists. A person violating this section may be punished in such manner as provided for misdemeanors with a fine of up to 1,000, or confinement to iail for up to 90 days, or both. B. Exception. Subsection (A) of this section shall not apply to City employees engaged in their official duties. Subsection (Al of this section further shall. not apply to any competent representative of a manufacturer of burglary alarm eauipment or alarm service company who. with the consent of the Citv, is modifying, adiusting, altering, or repairing, or re lacing an alarm system or any of its component eauipment; provided, that notice shall have first been provided to the Citv of Port Angeles. C. Subsection (Al of this section shall further not apply to any competent insurance rating engineer who is testing any system in discharge of his duties, with the consent of the Citv. D. Anv person doing any work on an alarm system or auxiliary alarm system that may cause a signal to be transmitted to the City over any alarm system or network, shall notify the City before such work stating the time and place thereof. 9.50.120 False Alarms -Penalties. Anv person who shall intentionally give, make or turn in a false alarm, or of the need for police, fire, ambulance,. or other emer~ency assistance, knowing such alarm to be false, or making the same with reckless disregard to the true conditions and any person aiding or abetting another in the commission_of such act, shall be guilty of a misdemeanor and maybe punished in such manner as provided for misdemeanors with a fine of up to $1,000, or confinement to iail for up to 90 days, or both. Section 2 -Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's/clerical errors, references, ordinance numbering, section subsection numbers and any references thereto. Section 3 - Severability. If anyprovisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. C -5- E-19 Section 4 -Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect five days after its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of , 2008. Mayor ATTEST: APPROVED AS TO FORM: • Becky J. Upton, City Clerk William E. Bloor, City Attorney PUBLISHED: , 2008 By Summary • -6- E-20 G:V.egal_Backup\ORDWANCES&RESOLUTIONS\ORDINANCES.2008\3l -Security Alazms.090408.wpd December 2, 2008 • RT 4NGELE WAS H I N G T O N. U. S. A. CITY COUNCIL MEMO DATE: December 16, 2008 TO: CITY COUNCIL FROM: JERALD L. OSTERMAN, INTERIM CITY MANAGER SUBJECT: POLICY FOR USE OF CITY HALL AND CITY WORKPLACE FACILITIES Summary: The purpose of this policy is to provide guidance and clarification for employees and the public on the use of City Hall and City workplace facilities. Recommendation: Pass Resolution and Approve Policy. Background /Analysis:. City employees frequently receive requests from the public to display a wide variety of materials in City Hall and other City workplace facilities. A written policy will provide guidance and direction for employees in responding consistently to these requests. Attached: Policy for Use of City Hall and City Workplace Facilities Resolution to Adopt Policy • F-1 • ~.~ ~ti ~~ ~ ''s ' -~ ~~ ~ ~ ~ ti t; I~ Ir ;,; s Policy for Use of City Hall and City Workplace Facilities Effective Date: I. SCOPE This policy covers all persons' use of City Hall and all other City Workplace facilities. II. PURPOSE The purpose of this policy is to provide guidelines for use of City Hall and other City work place facilities. III. GUIDELINES A. General Except as otherwise provided below, the campus of the Port Angeles City Hall, including all of the conference rooms, bulletin boards, meeting spaces therein, and all other City workplace facilities are not public fora. The City has not consented or agreed to designate such premises as public fora, and neither City Hall nor other City facilities were designed as public fora. This policy is intended by the City of Port Angeles solely for the purpose of reasonably regulating these premises consistent with their nonpublic status. The designation of these premises as nonpublic fora is intended, among other things: to avoid disruption of City business; maintain and enhance productivity; protect City employees and those visiting the premises from receiving unwelcome messages; avoid disagreements among employees or visitors that might be provoked by solicitations, peddling, canvassing or unwelcome messages; avoid a littering problem; avoid the appropriation of City resources that are required for City use; maintain the high aesthetic and design qualities of the premises; avoid congestion, visual blight, and clutter; and enhance safety and the security of the premises. -1- F-2 • B. Leafleting The distribution of printed or written material to the public and/or City employees by non-City employees is not permitted within City Hall or other City facilities. C. Peddlers, Solicitors, Canvassers No peddling, soliciting, or canvassing is permitted within City Hall or other City facilities except that this policy does not prohibit a City employee from asking another City employee for a donation to a fundraiser provided that the request is (1) made on a limited basis, (2) done at a time and in a manner that does not interfere with City business, and (3) made in employee workplaces not freely accessible by members of the public. D. Conference Rooms/Council Chambers The Council Chambers, all conference rooms, and meeting spaces are to be used primarily for government business. The City may license others to use such spaces when they are not needed for City business. Priority of scheduling will be in the following order: City-related business, other governmental agencies, boards or officials, outside persons or organizations. Those desiring use of such spaces may make arrangements with the City of Port Angeles Recreation Division. • E. Political Candidate Site Visits Within the ninety-day period prior to an election, a candidate is permitted to visit City Hall and/or other City facilities provided that such visit conforms to the time, place, and manner restrictions established by the City Manager. F. Winter Holiday Displays The City's own display of secular holiday symbols and decorations (e.g., a Christmas tree) in or on City facilities is permitted, provided that such display conforms to the standards approved by the City Manager. G. Other Displays No private party may post anything on bulletin boards or walls, or place or erect any sign, symbol, structure, or display within City Hall or other City facilities. ISSUED: APPROVED: • G:\Legal_Backup\ORDINANCES&RESOLUTIONSV2ESOLUTION5.2008\22.Exhtbit A-Use of City Ha11.102208. wpd (November 18, 2008) -2- F_3 RESOLUTION NO. • A Resolution of the City Council of Port Angeles, Washington, adopting a Policy for Use of City Hall and City Workplace Facilities. WHEREAS, the purpose of the Policy for Use of City Hall and City Workplace Facilities is to provide guidance and clarification for employees and the public on use of City Hall and City workplace facilities; and WHEREAS, the policy is necessary to avoid disruption of City business; to maintain and enhance productivity; to maintain a high aesthetic of the premises by avoiding littering, solicitation, and peddling; and to enhance safety and security of the premises; and WHEREAS, the attached policy reasonably regulates the use of City Hall and City workplace facilities; NOW THEREFORE, BE IT RESOLVED by the City Council ofthe City of Port Angeles, Washington: The attached Policy for Use of City Hall and City Workplace Facilities hereby is adopted. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of December, 2008. MAYOR ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney G:U..egal_Backup\ORDWANCES&RESOLUTIONS\RESOLUTIONS2008\22.Use of City Ha8 PoGcy.111808.wpd • -1- F-4 • • ~QRT DATE: December 16, 2008 TO: CITY COUNCIL NGELES Faolvt: Nathan A. West Director of Community and Economic Development SUBJECT: Clallam Business Incubator 2009 Exhibit A adoption Summary: At a meeting held on July 15, 2008 City Council approved amulti-year contract with the Clallam Business Incubator (CBI). The City contracts with the CBI for economic development activities. In accordance with the multi-year contract an exhibit A is developed for each year stipulating the deliverables and funding amount for that year. Recommendation: Adopt 2009 Exhibit A in accordance with the contract. Background /Analysis: On July 15, 2008, City Council approved a contract with the CBI covering a period from January 1, 2009 through December 31, 2012. The City has an ongoing relationship with the CBI to support economic development activities in Port Angeles and throughout Clallam County. The incubator provides an important opportunity for entrepreneurs and innovators from within our community to start and grow new businesses. It provides essential resources to business startups including access to office space, counseling, investors, mentorship as well as educational programs. This important resource ensures we will continue to see ongoing growth and development of small businesses within Port Angeles. In accordance with the multi-year contract an exhibit A is developed for each year stipulating the deliverables and funding amount for that year. Per the contract, CBI is required to submit a proposed Exhibit A no later than August 31St of each year for funding the following year. On August 21, 2008, CBI submitted such a letter of request (Attachment A). Since that time, City staff has worked with the incubator to coordinate development of the attached Exhibit A (Attachment B). The exhibit incorporates funding in the amount of $85,000 for the 2009 budget year. Staff recommends that Council adopt Exhibit A for 2009 in accordance with the contract. Attachment A Letter of Request for 2009 Funding Attachment B Contract incorporating 2009 Exhibit A G-1 The Incu,bC~tor Lincoln Center August 21, 2008 Nathan West City of Port Angeles P. O. Box 1150 Port Angeles, WA 98362 Re: The Incubator@Lincoln Center 2009 Funding Request - $85,000 Dear Nathan: The Clallam Business Incubator respectfully submits a request for economic development funding support of $85,000 for calendar year 2009. The City's past eight years of fmancial, staff and Council support of the Incubator have been pivotal in creating and reaching the organizational goals to date. The Incubator continues to build a reputation of being the "home for entrepreneurs". In the past 24 months the Incubator has been able to accomplish the following milestones. • Finalize and implement business incubation best practice policies and procedures • Reach Incubator program participation of five tenants and three Virtual Network clients employing 30.5 people and growing • Finalizing a two year lease agreement with the Clallam Economic Development Council as an anchor tenant in the Lincoln Center • Stabilized and expanded the Board of Directors to seven members, expected to be nine by the end of 2008 • Build strategic relationships with organizations such as, Peninsula College, Keiretsu Forum, Olympic Peninsula Entrepreneurs Network, Port Angeles Business Association, Port Angeles Chamber of Commerce, Innovation Partnership Zone and the Lincoln Center partners • Develop and establish the Entrepreneur Institute including a yearly package of courses and private sponsorship of $10,000 for the Entrepreneur and Youth Challenge • Providing counseling services to over 100 companies in Clallam County, qualifying over 50 for in-depth counseling and potential acceptance into the Incubator • Maintain an organizational cash reserve balance of over $90,000 • Enter into an agreement with Peninsula College to transfer the Entrepreneur Institute program and co-fund Coordinator position • Plus many other accomplishments that have been highlighted in the quarterly reports 2009 will be another critical year in the growth and stabilization of the Incubator as a key element of the regions economic development strategy. The program is just beginning to reach a point of critical mass and valued reputation in the region with eight participants, five located in the Lincoln Center. The Board of Directors has adopted the following priority work plan elements for 2009. Board of Directors o Lead and strengthen relationships with regional EDC's, PABA, OPEN and others o Expand the Board of Directors by two key and committed individuals o Be "entrepreneur evangelists" o Provide mentorship to Incubator program participants 360.565.2060 360.565.2062 Fax G-2 905 W. 9th St. Suite 221 • Port Angeles, WA 98363 • Organization • o Hire a permanent CEO o Strengthen the alliance with Peninsula College o Maintain participant levels at; Lincoln Center 10, Virtual 5 o Maintain two anchor non-participant tenants o Conduct year GAP reviews with companies o Monitor and evaluate performance against best practices • Finance ' o Secure $25,000 of funding for the Entrepreneur Institute o Secure $28,491 in 2009 for repayment of CERB loan o Seek other public and private funding support • Programs and Services o Expand Incubator counselors and mentors to five individuals o Link and provide guidance to the Entrepreneur Institute • Marketing and Promotion o Continue a consistent press release campaign, two per month o Maintain a current Incubator website • Lincoln Center o Support the creation of the Entrepreneur Institute Suite o Participate in the Lincoln Center Executive team meetings and activities Attached is the Clallam Business Incubator 2009 budget for you information which reflects the priority actions listed above. The budget strategy and philosophy is based upon conservative expenditures and maintaining current cash reserves. Financial support by the City of Port Angeles is vital to the Incubator reaching it vision and economic impact goals. If you have any questions regarding the 2009 work plan or budget please feel free to contact me. I will also be available to present before the Council if required. Please contact me as soon as possible to get a date on my schedule. Respectfully, c~.t~.J im Haguewood Director Attachment: Clallam Business Incubator 2009 Budget ~: G-3 Clallam Business Incubator Board Approved 8/20108 _ _ -8!21/2008 2009 Budget January February March April May June July August September October November December 2009 2009 2009 2009 2009 2009 2008 2009 2009 2009 2009 2009 Totals . tE Tenanls/Anchors Avg. 10 10 10 11 11 11 11 11 12 12 12 12 Cash on Hand $85,000 $82,851 $75,702 $69,203 $83,747 $77,040 $70,291 $109,791 $100,542 $94,214 $109,637 $103,309 Income• Total Participant Rent $3,690 $3,690 $3,690 $3,785 $3,785 $3,785 $3,785 $3,785 $4,009 $4,009 $4,009 $4,009 $46,027 Multipurpose sq. ft. (2092) 1,716 1,716 1,716 1,842 1,842 1,842 1,842 1,842 1,842 1,842 1,842 7,842 " Rate .75 $1,287 $1,287 $1,287 $1,382 $1,382 $1,382 $1,382 $1,382 $1,382 $1,382 51,382 $1,382 $16,295 Office sq. ft. (3131) 2,403 2,403 2,403 2,403 2,403 2,403 2,403 2,403 2,627 2,627 2,627 2,627 Rate 1.00 - $2,403 $2,403 $2,903 $2,403 $2,403 $2,403 $2,403 $2,403 $2,627 $2,627 $2,627 $2,627 $29,732 Non-Participant 1.25 (1368) $1,710 $1,710 $1,710 $1,710 $1,710 $1,710 $1,710 $1,710 $1,710 $1,710 $1,710 $1,710 $20,520 Vrlual Membership $600 $600 $750 $750 $750 $750 $750 $750 $750 $750 $750 $750 $6,700 Telephone/lnternet $1,980 $1,980 $1,980 $2,176 $2,178 $2,178 $2,178 $2,176 $2,376 $2,376 $2,376 $2,376 $26,334 Long Distance $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $1,200 Office Supplies/Copies $150 ' $150 $150 $150 $150 $150 $150 8150 $150 $150 $150 $150 $1,800 IncbuatorEvenls/Seminars $0 $0 $500 $D $0 $0 $0 $0 $0 $500 $0 $0 $1,000 Other funding sources City of PA $25,000 $0 $0 $21,250 $0 $0 $21,250 $0 $0 $21,250 $0 $0 $88,750 Local Public (CERB) $28,194 $0 $0 $D $0 $0 $0 $0 $0 $0 $0 $0 $28,194 Enlrepreneurlnstitute $0 $0 $0 $0 $0 $0 $25,000 $0 $0 $0 $0 $0 $25,000 Total Revenues $61,424 $8,230 $8,880 $29,923 $8,673 $8,673 $54,923 $6,673 $9,095 $30,845 $8,095 $9,095 $247,525 Expenses: Director $5,000 $5,000 $5,000 $5,00() $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $60,000 EI Coordinator $2,084 $2,084 $2,084 $2,084 $2,084 $2,084 $2,084 $2,084 $2,084 $2,084 $2,084 $2,084 $25,008 Payroll Taxes $625 $625 $625 $625 $625 $625 $625 $625 $625 $625 $625 $625 $7,500 Benefits $1,150 $1,150 $1,150 $1,150 $1,150 $1,150 $1,150 $1,150 $1,150 $1,150 $1,150 $1,150 $13,800 Advertising/MarketingllNeb $500 $500 $500 $500 $500 $500 $500 $500 $500 $SDO $500 $500 $6,000 Capital layout $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $6,000 CERB Payment $48,194 $0 $0 $0 $0 $0 $0 $0 $0 $0 $D $0 $48,194 PASD Payment"' $684 $684 $684 $684 $684 $684 $664 $684 $684 $664 $684 $684 $6,2013 Equipment-Main. And Repair $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 $3,000 EquipmenlLease $488 $488 $488 $488 $488 $488 $488 $488 $488 $488 $488 $488 $5,856 Office Supplies $150 $150 $150 $150 $150 $150 $150 $150 $160 $150 ~" $150 $150 $1,800 Bank Fees $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $300 Dues and Subscriptions $40 $40 $40 $40 $40 $83 $63 $83 $83 $83 $83 $63 $781 Misc. $83 $83 $83 $63 $63 $83 $83 $83 $83 $83 $83 $63 $996 Postage $70 $70 $70 $70 $70 $70 $70 $70 $70 $70 $70 $70 $840 Insurance $155 $155 $155 $155 $155 $155 $155 $155 $155 $155 $155 $155 $1,860 AccounCurglLegal $2,500 $2,500 Travel/Meals $75 $75 $75 $75 $75 $75 $75 $75 $75 $75 $75 $75 $900 Sub -Total Ex enses $60,073 $11,879 $11,879 $11,879 $11,879 $11,922 $11,922 $14,422 . $11,922 $11,922 $11,922 $11,922 $193,543 CBI Fumishad Services & Items (FS81) Ex penses LCA ORM' $1,800 $1,600 $1,600 $1,600 $1,600 $1,600 $1,600 $1,600 $1,600 $1,600 $1,600 $1,600 $19,200 City PA UtBities $650 $650 $650 $850 $650 $650 $650 $650 $650 $650 $6511 $650 $7,600 Telephone/Internet $1,250 $1,250 $1,250 $1,250 $1,250 $1,250 $1,250 . $1,250 $1,250 $1,250 $1,250 $1,250 $15,000 Total FS81 Costs $3,500 $3,500 $3,500 $3,500 $3,b00 $3,500 $3,600 $3,500 $3,500 $3,500, $3,500 $3,600 $42,000 Total Expenses $235,543 endin cash position $82,851 $75,702 $69,203 $83,747 $77,040 $70,291 $109,791 $100,542 $94,214 $109,637 $103,309 $96,962 Assu ons: Jan April Sepl Occupancy/% sq. ft. 62.5% 64.4'Yo 87.8% 'Beginning Cash $85,000 is a projected for end of 2008 year "PASD Paym This (s the the .50lsq, ft. from EDC lease sent to L.C capital fund l J • e '~ • AGREEMENT 3 THIS AGREEMENT is entered into this ~ day of July, 2008, by and between the City of Port Angeles, Washington, a municipal corporation, hereinafter called "City", and the Clallam Business Incubator, Inc. (hereafter "CBI"), a non-profit corporation, hereinafter called "Contractor." WHEREAS, the City is a municipal corporation of the State of Washington authorized to contract for economic development services; and, WHEREAS, it is in the public interest for economic development activities to be performed that will enhance the economy and employment opportunities in the City of Port Angeles; and, WHEREAS, .the City has need of assistance in regard ~ to these and other aspects of its operations; and, Whereas, CBI was formed to promote, manage and operate a business incubator. facility intended to provide economic development and enhancement opportunities for the community; and, Whereas, CBI was sponsored by the City and other governmental entities in Clallam County to provide opportunities and education to promote new business, NOW, THEREFORE, in consideration of the .above representations and the mutual covenants and agreements herein, the parties agree as follows: • - l - G-5 ~~ 1. PERFORMANCE BY THE CONTRACTOR. • A. Training and Support Activities. (1) Contractor will offer and make readily available entrepreneurial training and support activities for the purpose 'of expanding opportunities for economic growth in the community. (2) Contractor will make frequent presentations to inform community and regional groups about the programs and opportunities available through its resources. (3) Contractor will collaborate with other governmental organizations serving the City on economic development strategies, initiatives, research, and education. (4) Contractor will maintain communication with lcey contact persons on a regular basis to assure the strength of the relationships and to assure that Contractor is furthering the City's goals of promoting economic growth. (5) Contractor will provide periodic publicity and press releases concerning its activities, particularly as they relate to programs and opportunities available to new small businesses and for the positive economic development in Port Angeles. • B. Devel~ Economic and Employment Opportunities. The Contractor shall promote and enhance economic development and employment opportunities in the City in accordance with its mission and goals and shall market its resources, facilities and capabilities to new and existing businesses with the goals of increasing City revenues and employment opportunities for City residents. C. Business Retention and Expansion. (1) The Contractor shall work cooperatively with the City for business retention and expansion for the City. (2) The Contractor shall, upon request, provide guidance and services to City staff in the development and execution of municipal programs aimed at better planning, utilization, promotion, and advertisement of City services, facilities, infrastructure, and property for the purpose of job creation and economic development. (3) The Contractor shall maintain and enhance working relations with new entrepreneurs and existing businesses. to assist them with start-up and expansion • - 2 - G-6 • needs, technical assistance, access to business counseling and financing resources. including aid and assistance to at-risk businesses. (4) The Contractor shall assist the economic development .related grants, entrepreneurial training and development. City in applying for and administering especially any potential to support the (5) Contractor will solicit private, individual, and corporate funding, in addition to pursuing appropriate grants and other public funding, in order to enhance programs and supplement funds for its programs. D. Records. The Contractor shall maintain records and report to the City as follows: (1) The Contractor shall maintain accounts and records that accurately reflect the revenues and costs for the Contractor's activities under this Contract. These financial records, and alI records related to the performance of this Contract, shall be available for City inspection. (2) The Contractor shall provide the City with written reports monthly, fully describing what work has been performed pursuant to this Contract, and including a current statement of revenues and costs. (3) The Contractor's Director shall appear before the City Council at least quarterly to report on the Contractor's activities and planned future activities pursuant to this agreement and to answer questions. (4} The Contractor shall use its best efforts to economize on overhead expenses to the maximum extent feasible in providing the services to be performed pursuant to this Contract. (5) The Contractor shall provide the City with an annual budget, including current salaries and benefits for all employees and classifications of employees and shall notify the City within 30 days of any increases in salaries or benefits from the previous year. E. Other Taslc Orders. From time to time, the City may add task orders to this contract for specific projects within the scope and expertise of the Contractor including, but not limited to (1) strategic planning, and (2) industrial and commercial redevelopment assistance. The Contractor shall not perform any such work until given a specific task order • that authorizes such work and describes the scope of work to be performed and the project budget. G-7 - 3 - • 2. PAYMENTS BY THE CITY. A. For the services to be rendered by the Contractor, the City will provide payment as follows: 1. Taslc Items A, B, C and _D. In consideration of the services to be performed with respect to Training and. Support Activities; Development of Economic and Employment Opportunities; Business Retention and Expansion; and Recordlceeping, upon receipt and acceptance by the City Manager or designee of the Contractor's monthly invoices, the City will reimburse the Contractor for services rendered in amounts stated in Exhibit A for each calendar year, which is subject to change on a year-to-year basis depending upon the City budget. Contractor shall submit its proposed Exhibit A each year no later than August 31st for consideration as part of the City's budget process. Exhibit A for 2009 will be adopted as part of the 2009 budget process. An Exhibit A for subsequent years will be developed through the budget process far each year. 2. Task Item E. The City will also pay to the Contractor the additional sum as listed on Exhibit A for Other Task Orders. B. Payments shall be made in four, equal, quarterly installments. Payment by the .City shall be due upon receipt and acceptance by the City Manager of the Contractor's written quarterly report. The Contractor will invoice the City for all quarterly payments. C. Nothing contained in this agreement shall be construed as (1) binding the City to expend in any one calendar year any sum in excess of appropriations made by the City in its budget process for the purposes of this agreement for that calendar year or (2) obligating the City to further expenditure of money in excess of such appropriations. TERM. The performance of the Contractor shall commence on 3anuary 1, 2009, and continue until December 31, 2012; provided, however, that this Contract may be terminated by either party at any time and without cause by giving to the other party at least 90 days written notice of termination. • G-8 _d_ • 4. ASSIGNMENT. This agreement may not be assigned by either party except with prior written consent of the other. 5. BREACH. A. In the event of either party's material breach of the terms or conditions of this Contract, the non-breaching party reserves. the right to withhold payments or services until corrective action has been taken or completed. However, the party shall not exercise this right until they have given written notice of such material breach to the breaching party and ten days have passed since the receipt of such notice. This option is in addition to and not in lieu of the parties' right to terminate this Contract or any other right that State law offers for breach of contract. B. If either party shall materially breach any of the covenants undertaken herein or any of the duties imposed upon it by this Contract, such material breach shall entitle the other party to terminate this Contract, provided that the party desiring to terminate for such cause shall give the offending party at least twenty days' written notice, specifying the particulars wherein it is claimed that there has been a violation hereof, and if at the end of such time, the party notified has not removed the cause of complaint, or remedied the purported violation; then the termination of this Contract shall be deemed complete. 6. NON-DISCRIMINATION. A. The Contractor shall conduct its business in a manner which assures fair, equal and non-discriminatory treatment of all persons, without respect to race, .creed or national origin, and, in particular: , B. The Contractor shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are members of minorities protected by federal equal opportunity/affirmative action requirements; and, C. The Contractor shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non-discriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran's status, disabled veteran condition, physical or mental handicap, or national origin. G-9 -s- 7. DISPUTE RESOLUTION. The parties agree that any dispute related to this Agreement shall first be submitted to the City Manager and the Contractor's Executive Director, and they shall attempt to resolve that dispute. If the City Manager and Executive Director are not able to resolve that dispute, the dispute shall next be submitted to the City Council and to the Contractor'. s Board of Directors. Those entities shall attempt to resolve the dispute. If they are not able to resolve the dispute, the dispute shall be submitted to mediation. The parties shall agree on one mediator. If mediation is unable to resolve the dispute, then either party may take such legal action as they deem appropriate. The venue of any lawsuit related fo this Agreement shall be in Clallam County, Washington: _ 8. INDEPENDENT CONTRACTOR STATUS. The relation created by this Contract is that of independent contracting entities. The Contractor is not an employee of the City and is not entitled to the benefits provided by the City to its employees. The Contractor, as an independent Contractor, has the authority to control and direct the performance of the details of the services to be provided. The Contractor shall assume full responsibility for payment of all Federal, State, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax. 9. HOLD HARMLESS AND INSURANCE. Indemnification/Hold Harmless Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Contractor in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. 0 No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. O _6_ G-10 A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 O1 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, and personal injury and advertising injury.' The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurances laws of the State of Washington. 4. Professional Liability insurance appropriate to the Contractor's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be prin7ary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not • be cancelled by either party,. except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. _~_ G-11 D. Acceptability of Insurers Insurance is to be placed with ,insurers with a current A.M. Best rating of not less than A:VII. E. Verif cation of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. 10. ENTIRE CONTRACT. The parties agree that this Contract is the complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded. Further, any modification of this Contract shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto caused this Contract to be executed the day and year first herein above written. CITY OF PORT ANGELES CLALLAM BUSINESS INCUBATOR, INC. . CI By: ~~~ Mayor ATTEST: Becky J. U on, ty Clerl` APP OVED AS TO FO ; f ~~~% ' 'z ~ William E. Bloor, Ci A orney By: Mike Rausch Title: Vice President Kathy Cha lton, Secretary~Treasurer G:\Legal_BackuplAGREEMENTS&CGNTRACTS\2008 Agnus&Contracts\CBI-No2.042408.doc 7/10/2008 -s- G-12 . Clallam Business Incubator City of Port Angeles Contract -Exhibit A 2009 Contract Deliverables - $85,000 ^ Conduct a business incubation program within the City limits of Port Angeles o Target of at least 10 Lincoln Center participants o Target of at least 5 Virtual Incubator participants ^ In partnership with Peninsula College deliver an entrepreneurship education program available to Port Angeles Entrepreneurs. o Enrollment target of at least 120 during the year ^ Coordinate and conduct 25 business networking events in Port Angeles ^ Provide a program delivering business planning and support services to Port Angeles businesses to increase profitability, performance and growth o Target at least 10 business contacts per month ^ Deliver a quarterly report to the City of Port Angeles City Council outlining CBI's performance against the benchmarks of this agreement. ^ Provide an end of year "Port Angeles: State of Entrepreneurship Report" including presentation before the City Council G-13 0 C~ G-14 NGELES • DATE: ,December 16, 2008 TO: CITY COUNCIL Fltolv[: Glenn A. Cutler, Director of Public Works & Utilities SUBJECT: Port Angeles Swim Club Agreement Extension Summary: The agreement between the City and the Port Angeles Swim Club (PASC) expires on December 31, 2008. City staff and the PASC have tentatively agreed to extend the terms of the agreement, with an increase of fees by 20%, until August 31, 2009. Recommendation: Approve and authorize the Mayor to sign an agreement extension with the Port Angeles Swim Club. Background/Analysis: The existing agreement between the City and the Port Angeles Swim Club for use of the William Shore Memorial Pool (Pool) expires on December 31, 2008. City staff and the PASC negotiated a short term extension of their existing agreement. The extension increases hourly ® fees by 20% and aligns the agreement to coincide with the end of their swimming season. On November 1, 2008, municipal Pool user fees were increased by approximately 15%. In similar fashion, staff has been in negotiations with members of the PASO in an attempt to reach a mutually agreed upon fee increase. The agreement extension will address the potential closure of the Pool before the end of the contract term. . The following is a brief summary of fees for the PASC. Periods Hourl Rates Prior to Janua 1, 2007 $8.26 Janua 1, 2007-Jul 31, 2007 $15 Au ust 1, 2007-Present $25 Janua 1, 2009 to Au ust 31, 2009 (Pro osed $30 The proposed 20% rate increase would provide an estimated $1,600 in additional revenue. On November 26, 2008, the Parks and Facilities Oversight Corrunittee discussed the contract terms and recommended forwarding a favorable recommendation to Council to: 1. Increase fees to $30 per hour 2. Change the agreement to expire on August 31, 2009. It is recommmended that Council approve and authorize the Mayor to sign a proposed agreement • extension with the Port Angeles Swim Club. G-15 N:\CCOUNCIL\FINAL\Port Angeles Swim Club Agreement.doc 0 • G-16 • DATE: TO: FROM: Subject: PORTANGELES WAS H I N G T O N, U. S. A. HUMAN RESOURCES OFFICE DECEMBER 16, 2008 CITY COUNCIL BOB COONS, HUMAN RESOURCES MANAGER Labor Contract between the City and IAFF #656. -~ The City and the International Association of Firefighters Local #656 (IAFF) agreement for a new labor contract covering January 1, 2009, through December 31, • 2010. This union represents 21 employees in the Fire Department. The agreement provides a cost of living adjustment of 5.58% for 2009 and 90% of the Seattle-Bremerton CPI for 2010, with a minimum of 2% and a Maximum of 5%. The union membership has ratified the tentative agreement. Recommendation: Staff recommends that the City Council approve and authorize the mayor to sign the attached labor contract between the City and IAFF Local #656, for the contract period covering January 1, 2009 through December 31, 2010. Background /Analysis: The labor contract between the City and IAFF expires December 31, 2008. The IAFF represents 21 employees in the ranks of Firefighter, Paramedic, Fire Lieutenant, and Fire Captain. The parties have been in contract negotiations for a few months and reached a tentative agreement to rollover the existing contract language and settle fora 2-year collective bargaining agreement. The only items changed in the contract include a wage increase and inserting previously agreed upon contract language concerning the creation of the Fire Lieutenant class and a provision for future wage surveys. The cost of living adjustment (COLA) for 2009 is 5.58% for and for 2010, a wage increase equal to 90% of the Seattle- Bremerton CPI, W-index, June-June, applied the following January, with a minimum of 2% and a maximum of 5%. Fiscal Impact: The cost of the wage increase for 2009 represents $90,300, including the roll up costs for mandatory benefits associated with wages and anticipated overtime. The Union membership has ratified the terms and conditions of the tentative agreement. G-17 Recommendation: Staff recommends the City Council approve and authorize the Mayor to sign O the new labor contract between the City and IAFF for the contract term of January 1, 2009, through December 31, 2010. Attachment: 2009-2010 IAFF Labor Contract Cc: Jerry Osterman, Interim City Manager Bill Bloor, City Attorney. Dan McKeen, Fire Chief Dan Montana, President, IAFF #656 0 G-18 • AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND • • INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL #656 January 1, 2009 -December 31, 2010 G-19 TABLE OF CONTENTS O ARTICLE I -GENERAL PROVISIONS Section A -Preamble Section B -Recognition Section C -Savings Clause Section D -Non-Discrimination PAGE ARTICLE II -RIGHTS OF PARTIES Section A -Management's Rights 2 Section B -Retention of Benefits 2 Section C -Union Security & Payroll Deduction 2-3 Section D -Personnel Records 3 Section E -Labor-Management Committee 4 Section F -Agreement Binding on Successors 4 Section G -Seniority List 4 Section H -Layoff & Recall 4 Section I -Bulletin Board 4 Section J -Union Officers Shift Coverage 5 Section K -Personal Vehicle Coverage 5 Section L - In-Service Training 5 Section M -Paramedic CME Overtime Process 5 ARTICLE III -WORKING CONDITIONS Section A -Work Stoppage 6 Section B -Work Schedule 6-7 Section C -Minimum Manning 8 Section D -Staffing 8 Section E -Shift Trading 8 Section F -Indemnification of Employees 9 Section G -Tobacco Use 9 Section H -Promotions/Assignments 9-10 Section I -Entry Level Interview Boards 11 Section J -Special Assignments 11 Section K -Light Duty 11 Section L -Temporary Re-Assignments 11 Section M -Weekend & After Hours Inspections 12 Section N -Drug and Alcohol Testing Policy 12-15 ARTICLE IV -COMPENSATION Section A -Wages 16 Section B -Tuition Reimbursement 16 Section C -Uniform Maintenance Allowance 16 Section D -Overtime Pay 17 Section E -Call-Back Pay 17 Section F -Higher Class Pay 17 Section G -Medic Unit Pay 17 Section H -Fire Prevention Assignment Pay 18 G-20 • Section I -Compensatory Time 18 Section J -Specialist Pay 18 ARTICLE V -PAID LEAVE BENEFITS Section A -Vacation 19-20 Section B -Holidays 20 Section C -Sick Leave 21-22 Section D -Family Leave 22 ARTICLE VI -HEALTH BENEFITS Section A -Medical, Dental and Vision Coverage 23 Section B - Crisis/Trauma Counseling 23 Section C -Term Life Insurance 23 Section D -Employee Assistance Program 23 Section E - WSCFF Retiree Medical Trust 23 ARTICLE VII -GRIEVANCE PROCEDURE 24-25 ARTICLE VIII -DURATION OF AGREEMENT 26 APPENDIX "A" Salary Schedule for 2009 APPENDIX "B" Medical Plan A & B Comparison Summary • • G-21 AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL #656 ARTICLE I -GENERAL PROVISIONS Section A -Preamble Purpose: This contract entered into by the City and IAFF Local #656 has as its purpose the setting forth of the full and entire understanding of the parties regarding the matters set forth herein, reached as the result of negotiations for wages, hours, and other terms and conditions of employment of the employees covered by this contract. Section B - Recognition The City recognizes the Union as the bargaining representative for purposes of establishing wages, hours, and working conditions. The terms and conditions set forth herein shall apply to employees in the following classifications: Firefighter Firefighter/Paramedic Medical Officer Fire Captain Fire Prevention Specialist Training Officer Fire Lieutenant Paramedic/Lieutenant The Union agrees to provide the names of the Union officers and any changes to the Human Resources Manager. Section C -Savings Clause If any provision of this Agreement, or the application of such provision, should be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and effect. In such event, the parties agree to renegotiate the invalid provision(s) of the Agreement, which shall have no effect on the remaining provisions of the Agreement. Section D -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 a Union. Whenever notations are used in the masculine gender, they are intended to apply equally to either gender. G-22 • ARTICLE II -RIGHTS OF PARTIES Section A -Management's Rights The City and its management representatives shall retain all customary rights, powers, functions, and authority normally reserved by management, consistent with State law, local ordinances, and Department rules and regulations, except as limited by terms of this Agreement or applicable State or Federal laws, and shall include but not be limited to the following: Determine the mission of the City and respective Departments, commissions, and boards. • • 2. Set standards of service and performance standards; establish reasonable work rules/regulations, safety procedures, and personnel 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 reasonable work schedules for all regular and overtime hours. 5. Engage in all types of personnel transactions and disciplinary proceedings in accordance with established ordinances and rules. 6. Effect a reduction in authorized positions because of a lack of work, fiscal .limitations, organizational 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. 9. Discipline and/or discharge for just cause with due process, in accordance with applicable local, State or Federal laws. Section ~B -Retention of Benefits The City assures the union that in placing the terms of this Agreement into effect, the Department shall not proceed to cancel benefits or privileges generally prevailing for employees, even though such benefits or privileges are not itemized in this Agreement. The Union assures the City that in placing the terms of this Agreement into effect, Union members shall not seek to gain additional benefits and privileges through this Article, but shall make all such items subject to the collective bargaining process. All disputes between the City and the Union shall be subject to the grievance procedure. Section C -Union Security and Payroll Deduction It shall be a condition of employment that all employees covered by this Agreement who are members of the Union in good standing on the execution 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 and hired on or after its execution date shall, by the thirtieth (30th) day of their employment, become and remain members in good standing in the Union; or in lieu thereof, pay each month a service charge equivalent to Union dues, assessments, and initiation fee paid to the Union, as a contribution toward the administration of this Agreement. If objections to joining the Union are based on bona fide religious tenets and the employee 2 G-23 objects to joining the Union because of such beliefs, the employee shall pay an amount ofO money equivalent to Union dues, assessment, and initiation fees to anon-religious charity or to another charitable organization mutually agreed upon by the employee affected and the Union to which the employee would otherwise pay the Union dues, assessments and initiation fees. 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. 2. The Union agrees that membership in the Union will not be denied or terminated for any reason other than the failure of the employee covered by this Agreement to tender the Union dues, assessments, and initiation fees required as a condition of membership in the Union. The parties also agree that if an employee fails to fulfill the obligation in (1) above, the Union shall provide the employee and the City, within thirty (30) days, notification of the employee's failure to comply with this section and during this period, the employee shall make restitution in the amount which is due or the City shall terminate employment. 3. Payroll Deductions. It is agreed that the City shall permit payroll deductions for Union dues or other related deductions properly requested through payroll deduction authorization procedures established by the City and such deductions shall be subject to data processing limitations. Remittance of the total 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. Any errors or omissions in deductions brought to the attention of the City shall be corrected on the following pay period. 4. Indemnification Clause. The Union agrees to indemnify and hold the City harmless from any liabilities of any nature which may arise as a result of the application of this Section. Temporary employees covered by this Agreement shall contribute an amount equal to Union dues, assessments and initiation fees on a monthly basis. The contribution shall be made by the employee to the Union through payroll deduction, with the Union contributing the funds to one of the following charities: Northwest Burn Foundation; Muscular Dystrophy Association; or a local charity selected by Local #656. Section D -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 that result in information being placed in the official personnel file. An employee may review their personnel file in the Human Resources Office or Fire Department upon request, with reasonable notice,- and may have a copy of any information placed in the file(s). Whenever a Department Head places information concerning the employee in the official personnel file it shall be dated and signed by the employee and 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 part of the employee's personnel file. Such a response by the employee shall be submitted within thirty (30) days of receipt of the disciplinary action or performance review and shall be of reasonable length.- O 3 G-24 i Section E -Labor/Management Committee In the interest of developing mutual trust and open communications between the parties, and improve employee/employer relations, the parties agree to establish aLabor/Management Committee to meet at times mutually agreed upon. The members of this Committee for the City shall be the City Manager, the Human Resources Manager, the Fire Chief, or others designated by the City Manager. The members of this Committee for the Union shall be the Union President, Vice-President, and one other person selected by the Union. Other persons selected by the Union who are affected by an issue under discussion may attend; however, such attendance is permitted as long as staffing needs are adequately met, with approval of the Fire Chief. Section F -Agreement Binding on Successors This Agreement shall be binding upon the successors and assigns of the parties hereto, and no provisions, terms, or obligations herein contained shall be affected, modified, altered, or changed in any respect whatsoever by the consolidation, merger, annexation, transfer, or assignment of either party hereto; or affected, modified, altered, or changed in any respect whatsoever by any change of any kind of the ownership or management of either party hereto; or by any change geographically or otherwise in the location or place of business of either party hereto. Section G -Seniority List The City shall provide the Union with an updated seniority list annually upon request. Any corrections to the seniority list shall be brought to the attention of the Fire Chief and submitted to the Human • Resources Manager for verification. After corrections are made, the seniority list shall be re-posted. Section H -Layoff and Recall If necessary, reductions in force shall be accomplished using the departments seniority list-consisting of all firefighters and all paramedics, and then by laying off those personnel in the reverse order of their department seniority, without regard to classification until contractual minimum manning levels are reached. Captains shall not be layed off until contractual minimum manning levels have been reached in both the paramedic and firefighter job classifications. Captains subject to layoff or position elimination may bump back to firefighter and/or paramedic positions to avoid layoff, as long as they meet the qualifications of the position. Employees are eligible for re-employment from layoff for twenty-four (24) months from the date of layoff. However, no benefits shall accrue during such term of layoff. Employees shall be recalled in inverse. order of layoff and the City shall not hire from the open recruitment list while employees on the recall list are eligible for re-employment. Re-hired employees will start at the same pay step held prior to layoff. Years of service prior to layoff will be counted toward employees' length of service with the city. Section I -Bulletin Board The City agrees to provide space in the City Fire Station for a Union bulletin board, for notice of official union business. The Union shall be responsible for maintaining the bulletin board in a neat and orderly • manner. 4 G-25 Section J -Union Officers Shift Coverage The City shall provide shift coverage to maintain contractual minimum manning levels for Union elected representatives during contract negotiations. Coverage for elected officials for those events of mutual benefit to the City and Union (Labor Management meetings, etc.) shall be covered at the Chiefs discretion. The number of elected representatives for this section is limited to three. Section K -Personal Vehicle Coveraae In the event of an accident, the City- agrees to reimburse employees, to a maximum of $500 per occurrence, for vehicle damage and towing expenses incurred during emergency callback in private vehicles. Only expenses not covered by employee's insurance will be reimbursed. Employees shat! be covered under this provision from the time of response request until such time they are relieved from duty. The City shall indemnify off-duty responding employees as they would as outlined within the current labor contract. Section L - In Service Training The City agrees to include in compensable hours, time spent by employees for "in-service" medic related training and medic run reviews. Such training shall be mandatory as assigned by the Department unless excused because of sick leave or vacation. The City also agrees to include as compensable hours employee staff meetings to discuss medic-related matters. Such meetings shall be of reasonable length and authorized in advance by a chief officer. Section M -Paramedic CME Overtime Compensation Process: Paramedics are required to obtain an average of 50 hours of continuing medical education (CME) pe year over athree-year period. Approximately 36 hours of CME is provided annually, locally during paramedic in-service and run reviews, which are over seen by the County's Medical Program Director. Paramedics receive overtime compensation for their off-duty participation in both in-services and run reviews. An additional eight (8) hours of annual CME can be obtained through participation during on- duty practical EMS skill stations. It is recognized that the Department may opt to provide additional on-duty CME opportunities that.may reduce the needed additional CME overtime. CME Training opportunities are defined as scheduled paramedic in-service and run review hours and all other paramedic CME eligible hours provided on duty. A paramedic in-service and/or run review rescheduled with less than 30 days notification shall not be considered an eligible CME opportunity. A review will be completed for the twelve-month period, ending November 30th. This review will be used to determine the actual number of paramedic CME hours made available by the department. The department will pay overtime for paramedic eligible training hours obtained off duty, up to the differential between the number of CME opportunity hours provided and the 50 hours required. Any overtime hours owed shall be paid no later than the second pay period in December. 5 G-26 . ARTICLE III -WORKING CONDITIONS Section A -Work Stoppage The Union agrees that there shall be no strikes, slowdowns, work stoppage, or any interference with the efficient management of the Fire Department. Section B -Work Schedule Shift Personnel: The work schedule for 24-hour shift Fire personnel will be an average of 56 hours per work week, less a 12-hour "Kelly Day" credited each 28-day duty cycle. The Kelly Day may be taken as vacation in 24-hour increments, subject to Departmental manning. Twelve hours of Kelly time may be carried over into the next calendar year. The work schedule shall be further reduced by a compensation method of paying for 96 hours per year at the overtime rate, which corresponds to 7.38 hours each 28-day duty cycle. The combination of the Kelly Day, together with this amount, subtracted from 2,912 hours per year, approximates a 51-hour work week. Compensation for the 96 hours noted above shall be paid twice annually; one half the first pay check in July, the second half in December of the calendar year. The rate of pay for the 96 hours shall be at time-and-one-half the employee's base rate of pay. Personnel transferring from a 24-hour shift schedule to an 8-hour shift schedule shall have their annual bank of Kelly time reduced 12 hours for each 28-day cycle contained in the remainder of the year. !f the person has used more Kelly time than accrued, at the employee's discretion, vacation or floating holiday time will be deducted accordingly. Upon transferring, the City agrees to honor all previously scheduled leave for such employee under the same conditions and manner as originally scheduled. • The daily work hours assigned shall be maintained as authorized in the Port Angeles Fire Department Operational Guidelines manual upon execution of this Agreement. In the event an employee is on disability leave or leave without pay for one 28-day duty cycle or greater, the payment of the 96 hours shall be reduced apro-rated amount based upon the number of months on leave in the respective half of the calendar year. Floater Work Schedule: The Floater schedule is flexible and based upon a 28-day duty cycle. The. floater schedule shall be posted 45 days in advance and is only subject to change with a minimum 30 day notice. A minimum 30 day notice of cancellation is required for leave, which involves floater scheduling. In the event a 30-day notice is not given, the individual will be required to take the requested leave as previously scheduled. 1. Floater Picks: Every 28-day cycle, each floater will be scheduled for nine (9) shifts with the exception of June, July, and August, which will be ten (10) shifts. 2. Scheduling: A. The first priority is to bring the shift up to minimum staffing to cover paid leave. B. The second priority is to preserve two (2) paramedics and one officer per shift. C. Administration and floaters will work together to minimize those shifts which exceed six (6) personnel D. Floaters can then submit up to 15 shifts that they would like to have off, which may include consecutive days. These will be submitted two (2) months in advance, on the .last day of the month. The Administrative Assistant will then make selections by alternating between floaters. • In the event one or neither floater submits requests by the end of the month, the Administrative Assistant will fill in the 18 or 20 picks attempting to group in a three-shift cycle. -s- G - 27 3. In the event of an extended shift shortage, reassignments will first attempt to accommodate theO floater with the least amount of impact, then through seniority if neither floater volunteers for the assignment. After the initial assignment, reassignments will be on a rotational basis if neither floater volunteers. Reassignments will follow the guidelines set forth in the current contract language. 4. A Chief Officer has the ability to approve changes submitted by the floater within the 30-day period. 5. When assigned to a shift, the floater will be treated as a member of the shift. The floater will be inserted into each shift's overtime rotation and/or matrix to ensure an equal opportunity for overtime as compared to other shift members. 6. Upon accepting or being assigned to the floater position, there will be a minimum one (1) year commitment with right of retention for up to three (3) continuous years. Acceptance or assignment shall be made by November 1St for the upcoming year, after which it will be offered based upon seniority. If at any time no one volunteers for the floater position, one of the four (4) junior paramedics who have completed probation and have not served as floater will fill the position. The rotation will begin with the most junior paramedic and rotate upward through the four. If one of the four junior paramedics has already served as floater, the rotation will skip to the next paramedic in the group who has not filled the position. This will insure equal distribution of the position, the goal being to have each paramedic serve one out of every four years. When shift manning is at six or seven and the floater is working, the floater will report to the Fire Marshal for other duties. These duties will not include station maintenance. If the floater, shift officer, and Fire Marshal are in agreement, a person other than the floater can report to the Fire Marshal for other duties. Required training shall take priority over all other assigned duties. O For periods in excess of 45 days where one shift is below its full staffing level of six personnel, a floater shall be reassigned to the affected shift for the duration of the manning shortage. These situations may arise due to reasons such as a disability or delayed hiring. In the event there is more than one disability or an extenuating overtime impact, the Fire Chief will meet with the Firefighters Local #656 to discuss the appropriate reassignment of personnel, if necessary. This reassignment is an effort to maintain a minimum staffing level of five, only allowing pre-approved paid leave to reduce this level. 7. The SOG's will dictate the chain of command in the event that the Lieutenant floater is present on a shift. Fire Prevention Specialist: The workweek for personnel assigned to Fire Prevention shall be a 40 hour work week, with 8 hour work days. Changes to the work schedule shall be posted 30 days in advance. Training Officer: The workweek for the Training Officer shall be a 45-hour workweek which includes night drills and meetings relating to training or equipment maintenance. The Assistant Chief will set the assignment schedule with 30 days notice of any changes. Lunch hour will be considered time off for purposes of scheduling and call-back. Required evening drills and meetings will be a 2-hour minimum for purposes of hours scheduled. -7- G - 28 • Flex Time Provision: To accommodate needed flexibility within the Training Officer's work schedule, flex time may be approved to be utilized within a 28-day cycle. The Training Officer's 28-day cycle is defined as 180 hours. The Training Officer's work day may vary based on work assignments, as long as the number of hours worked in the 28-day cycle does not exceed 180 hours. Flex time requires mutual approval and is intended to provide joint flexibility for both the employee and the- Department and is utilized on a hour to hour basis. Section C -Minimum Manning The Fire Department shall maintain at all times a minimum manning of four personnel from the bargaining unit, with one being aFirefighter/Paramedic and one .performing as a shift officer. Section D - Staffing: It is recognized by the Fire Department that it is advantageous to provide staffing at a level above minimum manning to better meet the operational needs of the Department. 1. Full shift staffing shall consist of six personnel. One shall be a Captain. Of the remaining personnel, one shall be a Lieutenant and at least three shall be paramedic certified. The Lieutenant may be one of the paramedic certified personnel. 2. Vacation leave and shift trades will be approved as long as it does not affect minimum staffing, which is defined as a minimum of 5 personnel, with 2 being Paramedics and one performing as shift officer. • 3. The Department will call back a Paramedic for overtime pay in the event shift staffing falls below two Paramedics. It is understood that a budget crisis created by a long-term disability or excessive overtime could impact the Department's ability to pay the necessary overtime. If this occurs, the Department will attempt to minimize the duration in order to provide two Paramedics on shift as much as possible. 4. If at any time the Department loses a shift position due to a budget crisis, it is understood by management, that the two Paramedics minimum staffing may be renegotiated. 5. Fire Department administration reserves the right to reduce to minimum manning under exceptional circumstances such as specialized training where the long-term benefits outweighs the short-term reduction in staffing. 6. It is the intent of the department to maintain a qualified officer on shift at all times. In the event that shift staffing falls below one officer, the department will call back one officer utilizing the overtime provision of the contract. The Lieutenant floater can be reassigned one time per calendar year with 14 days notice. Such reassignment will be in the case of a known circumstance that would cause excessive overtime. Prescheduled paid leave will be honored during the reassignment. Section E -Shift Trading Each member of the Fire Department receiving prior written permission from the Fire Chief or designee shall have the privilege to exchange shifts with other firefighters, providing no additional costs to the City are incurred by this exchange. Officers shall trade only with other officers. _$_ G - 29 Section F -Indemnification of Emplovees The City shall indemnify employees as authorized in the Port Angeles Municipal Code, Chapter 2.64, and State R.W. 4.96.041. Section G -Tobacco Use Employees hired after January 1, 1986 shall not habitually smoke tobacco on or off the job as a condition of employment. If any of these members subsequently begin habitual smoking tobacco, they will be required to participate in a tobacco cessation program, mutually agreed upon, and paid for by the City. The smoking cessation program will be a one-time offer and must be successfully completed in 6 months or less. If the member continues to habitually smoke tobacco on or off duty, they will be subject to discipline procedures up to and including termination. This policy does not apply to the use of smokeless tobacco. Section H -Promotions/Assignments: All personnel hired after January 1, 2008, shall be required to obtain IFSAC Firefighter II certification in order to be eligible for promotion to Top Step Firefighter. For those personnel who have already attained Top Step Firefighter or Firefighter/Paramedic and are not enrolled in the IFSAC certification system, IFSAC Firefighter II certification equivalency will be granted upon request, after validation by the Training Officer and the Chief of the Department. For those personnel enrolled in the IFSAC certification system who have already attained Top Step Firefighter or Firefighter/Paramedic, the Department will provide IFSAC Firefighter II training opportunities on duty or compensated at the overtime rate of pay for off-duty classroom attendance. The City agrees to post the reading list for written examinations three months prior to the test date. The City agrees to maintain at least one copy of all books on the reading list at Station 11. If there is no interest in a vacant position, the City may appoint an individual or hold an external recruitment for the position as currently established with all wages, hours, and working conditions. The appointment shall not exceed two years without mutual acceptance. At the conclusion of two years, the person shall be reassigned to their previously held position. However, at the conclusion of two years, if there is no objection from other interested bargaining unit personnel, the person shall have the option to remain in the position. The City agrees to maintain a Lieutenant eligibility list. This eligibility list will be established from those individuals who successfully pass a written Lieutenant's examination. If three or more qualified candidates remain on the eligibility list at the conclusion of one year, the eligibility list may be extended for up to an additional year. The eligibility list shall not exceed two years. The Lieutenant test shall be open to those employees that have completed two years with the Port Angeles Fire Department. Those employees who do not meet the requirements for Lieutenant at the time of the test, shall be ranked on the list but not eligible for promotion, until they meet the position requirements. For position openings, the candidates on the Lieutenant's eligibility list will advance to a comprehensive assessment center. An assessment center will only be held when an opening is expected. For the position of Captain, the parties agree that a comprehensive assessment center will serve to establish the promotional list. That Captains promotional list will be established no longer than 60 days after position availability, unless both parties agree upon extension. The positions of Suppression Captain, Training Officer and Medical Officer will be filled from this list. For all promotions, the rule of three shall apply. _9_ G - 30 Lieutenant eligibility must meet the following requirements; Graduation from high school or equivalent; Associates Degree, or equivalent number of college units with a minimum of nine units in management or supervision. Must have a minimum of three years experience as a firefighter with the Port Angeles Fire Department with a total of four years career firefighter experience. Must be a Washington State Certified EMT or Paramedic and maintain current certification. Must posses and maintain a valid Washington State drivers licenses. After promotion to Lieutenant the member is required to obtain Level I Fire Instructor within one year and obtain certification as an IFSAC Fire Officer I within three years. For those personnel enrolled in the IFSAC certification system who have already attained Top Step Firefighter or Firefighter/Paramedic, IFSAC Fire Officer I certification must be obtained within four years. These requirements will be . provided to the Lieutenant on duty or compensated at the overtime rate of pay for off-duty classroom attendance. If the employee chooses to challenge the IFSAC Fire Officer I test, the individual will be compensated for testing time for the first attempt only. After promotion to Lieutenant, the employee must complete Hazardous Materials On-Scene Commander training within one year. After January 1St' 2010, an Associates Degree will be required to be eligible for promotion to Lieutenant. Captain eli iq bility must meet the following reauirements; Only Lieutenants who have completed probation as a Lieutenant are eligible to test for Captain positions. No Captain may transfer out of their position into another Captain level position. Captains must compete in the entire examination process, to be eligible for another Captain level position. Graduation from High School or equivalent; must posses an Associates Degree. Must be a Washington State certified EMT and maintain certification. Must possess and maintain a valid Washington State Drivers license. Must meet all Lieutenant position requirements. Employee must obtain certification as IFSAC Fire Officer II within three years of promotion to Captain. These requirements will be provided on duty or compensated at the overtime rate of pay for off-duty classroom attendance. If the employee chooses to challenge the IFSAC Fire Officer II test, the individual will be compensated for testing time for the first attempt only. Personnel holding the rank of Captain as of 1/1/2008 must obtain certification for IFSAC Fire Officer I and I I within 10 years (prior to 1.1.2018). This training will be provided on duty or compensated at the overtime rate of pay for off-duty classroom attendance. If the employee chooses to challenge the • IFSAC Fire Officer I and II tests, the individual will be compensated for testing time for the first attempts only. _10_ G-31 Employees will be required to demonstrate that they are working towards certification during the 10- year certification period. If, due to unforeseen circumstances, practical difficulties arise with IFSAC certification testing opportunities, all parties agree to come together to reach a mutually agreeable resolution, acknowledging that the intent is that certification is through an independent third party evaluation. Section I . Entry Level Examination Interview Boards: The Union will select two employees from within the Department to serve on the entry-level interview board. One will be the rank of captain and the second will be an employee in the Department with five or more years of service. Such appointments to the interview board shall be subject to the approval of the Department Head. The individuals selected for the interview board will be on paid time while serving on the board. Additionally, the City will maintain manning levels if the person selected is on duty the day of the interview. Section J -Special Assignments For special assignments, the City agrees to post the position(s) for a minimum of 14 calendar days prior to appointment. Interested individuals will submit a letter of intent to the Chief or designee. The Chief will make the appointment at the conclusion of the posting period. Note: Special assignments may include SCBA, PMO, EMT to paramedic certification, hose maintenance, and other related miscellaneous work assignments. Section K -Light Duty LEOFF II employees on disability or extended sick leave for greater than six consecutive shifts which precludes them from performing their regularly assigned duties, shall be guaranteed light duty work assignments. Before being assigned to light duty, an employee shall be medically released for such light duty assignment by their licensed medical doctor. A Fire Administrator shall furnish the employee's medical doctor with a list of duties, work schedule, and physical limitations involved with light duty assignment. Light duty assignment shall only be assigned for an employee who can work four consecutive hours or more each day. Light duty assignments shall not exceed 5 days per week. All light duty assignments shall be related to fire prevention, training, and/or minor maintenance on equipment/apparatus. Light duty personnel will not perform station/facility maintenance duties. An employee may exercise their option to utilize paid leave in lieu of light duty assignments, up to a maximum of 45 calendar days for the initial period of disability. After such 45 days, the employee must report for light duty assignments as approved by the physician. LEOFF I employees are exempt from these light duty provisions. Section L -Temporary Assignments The Parties enter into this agreement in order to address reassignment of employees, which fall outside the scope of regularly scheduled shift rotation. The Union recognizes the City's right to make shift assignments. In the event the City plans to reassign an individual from one shift to another, the City agrees to provide a minimum 21-day notice to the employee, except in an emergency where such notice is not reasonably possible. _11_ G-32 Re-assignment of an individual shall not exceed one time per 12-month period. The written notice from the City to the Union and the employee will indicate the employee(s) affected, describe the reason for the proposed change, and the anticipated duration of the assignment. Duration of re-assignments will not exceed 4 months in length. In making shift changes for individual employees, the City will take into consideration previously scheduled leave and attempt to minimize any disruptions to the employee. Upon making a re-assignment, the City agrees to honor and accept all previously scheduled leave in the same conditions and manner as originally scheduled. If an employee being re-assigned has incurred documented costs for non-refundable travel plans (i.e., airline tickets, lodging, and other similar expenses), the City agrees to fully reimburse the employee for these expenses. In the event that a re-assigned employee is scheduled to work more shifts within the calendar year than they would have if no transfer had occurred, the additions! shifts shall be compensated at the overtime rate of pay for that employee. Compensation for these added hours worked will be completed upon transferring back to their original position. Section M :Weekend and After Hours Inspections The shifts will assume responsibility for routine weekend and after-hours inspections, not including inspections which would take a unit out of service. Inspections falling between 9:00 p.m. and 7:00 a.m. will be the Fire Marshal's responsibility. Section N - Drug and Alcohol Testin Purpose: The City recognizes that employees that have used alcohol and drugs may be able to be rehabilitated to return as productive employees. To this end, the City establishes a policy that alcohol and drug usage is a treatable condition. We value our employees and therefore will provide aone- chance option for rehabilitation if an employee tests positive for alcohol or drugs. However, if the severity of the incident warrants termination in the sole judgment of the City, we reserve the right to discharge an employee from City employment without offering a rehabilitation program. Policy: Reporting to work under the influence of alcohol and/or illegal drugs, or the use, sale, or possession by an employee of illegal drugs is strictly prohibited and may result in disciplinary action, including immediate termination. For the purpose of this policy, substances that require a prescription or other written approval from a licensed physician or dentist for their use shall also be included when used other than as prescribed. Each employee must advise the employer if they are using prescriptions or other over-the-counter drugs they know, or reasonably should know, may impair their ability to perform job functions and/or operate machinery such as automobiles. Under appropriate circumstances, the employer may request the employee provide written medical authorization to perform various essential job functions from a physician while using such drugs. A voluntary request by an employee for assistance with their alcohol or drug abuse problem will remain confidential and shall not be used as the basis for a last chance agreement or disciplinary action, provided that the request for assistance is initiated prior to being identified as impaired through the procedures herein. Where a supervisory employee has a reasonable suspicion to believe an employee is under the influence of alcohol or illegal drugs or is using illegal drugs, the employee in question will be asked to • submit to discovery testing including breath tests, urinalysis and/or a blood screen to identify any involvement with alcohol or illegal drugs. -12- G-33 Reasonable suspicion shall be based on specific, contemporaneous, and articuable observation concerning the appearance, behavior, speech, or body odors of the employee. Possession of alcohol or a controlled substance while on duty is a prohibited behavior and will, at a minimum, result in reasonable suspicion testing. An employee who refuses to submit to discovery testing for alcohol and/or illegal drugs shall be conclusively presumed to be under the influence of alcohol or an illegal drug for the purpose of administering this article. Refusal to submit to aCity-ordered alcohol or drug test or refusal to sign the required test forms, shall constitute as the same as falsifying, tampering, obstructing the testing process, or contaminating the sample and shall result in termination, without a last chance process for rehabilitation or treatment. If the results of the drug or alcohol tests are positive, and support a conclusion that the employee used an illegal drug or alcohol, or reported to work while under the influence of drugs or alcohol, the employee may be subject to discipline including immediate discharge. Reporting and Verification of Test Results: The reporting and verification of positive test results shall be in accordance with the City's Commercial Driver's License testing policy, Section 6, except for Sections 6.2.5 and 6.3.4. Section 6.2.5 shall read "The Program Manager will report verified positive results to the Department Head". Section 6.3.4 shall read "If the split specimen is unavailable or inadequate for testing, the Medical Review Officer (MRO) shall cancel the test and report the cancellation and reasons therefore to the City Program Manager and the affected employee". Disciplinary Procedures: In the event of a positive drug or alcohol test, the City shall evaluate the circumstances related to the incident and impose disciplinary measures, up to and includin termination. Any employee who refuses to submit to aCity-ordered controlled substance test will b subject to immediate discharge. If an employee tests positive for drugs or alcohol and has not previously gone through a rehabilitation program, the City will provide a one chance option for rehabilitation, unless in the judgment of the City the circumstances warrant immediate discharge. Any rehabilitation program costs will be as provided through the City's medical plan. Any costs beyond the medical plan coverage shall be the sole responsibility of the employee. Upon successful completion of the rehabilitation program, the employee may return to work after a drug test to determine that the employee is drug free. Thereafter, the Substance Abuse Professional (SAP) may conduct a random drug test on the employee at any time for the next year from the date of returning to work. In the event one of the random tests are positive, the employee will be terminated. Random tests will be conducted in accordance with this policy. Any employee that completes a rehabilitation program to retain their employment with the City will also sign a last chance agreement, as provided by the City. The employee and the affected union representative will sign the agreement. Failure of the employee to sign the agreement will result in discharge. The last chance agreement shall include a waiver of any appeal procedures to the labor contract or Civil Service should the employee violate the agreement and/or fail a drug test. The last chance agreement shall be consistent with this policy.. -13- • G-34 • Definitions: For the purpose of administering this article, the following definition of terms is provided: Reasonable Suspicion -Reasonable suspicion is based on specific objective facts and reasonable inferences from those facts in the light of experience, that discovery testing will produce evidence of illegal drug or improper alcohol use by that particular employee. Under the Influence -The following cut-off levels shall be used for the initial screening of specimens to determine whether they are negative for these drugs or classes of drugs: Drua Test Level Amphetamines 1000 ng/ml Barbiturates 300 ng/ml Benzodiazepines 300 ng/ml Cannabinoids 100 ng/ml Cocaine metabolites 300 ng/ml Methadone 300 ng/ml Methaqualone 300 ng/ml Opiates (codeine) 300 ng/ml Opiates (Morphine) 300 ng/ml Phencyclidine (PCP) 25 ng/ml Propoxyphene 300 ng/ml Level of the positive results for ethyl alcohol - 0.05 gr/dl Illegal Drugs -are defined as all forms of narcotics, depressants stimulants, hallucinogens and cannabis which sale, purchase, transfer, or unauthorized use or possession is prohibited by law. Over-the-Counter Drugs -are those which are generally available without a prescription and are limited to those drugs which are capable of impairing the judgment of an employee to safely perform the employee's duties. • Prescription Drugs -are defined as those drugs which are used in the course of medical treatment and have been prescribed and authorized for use by a licensed practitioner/physician or dentist. Supervisory Employee - is defined as a departmental chief officer. Procedures: If an employee is required to submit to a drug test, the following procedures shall be followed: • The employer shall pay the cost of testing, unless otherwise noted in this policy. • The employee shall be given an opportunity to confer with a union representative if one is readily available and the employee has requested a representative. • The employee shall be given an opportunity to explain to the MRO the reasons for the employee's condition, such as reaction to a prescribed drug, fatigue, exposure to toxic substances, or any other reasons known to the employee. • The employer may request urine and/or blood samples. • Urine and blood samples shall be collected at a local laboratory, hospital, or medical facility, on City time. The employer shall transport the employee to the collection site. The employer and/or union representative may be allowed to accompany the employee to the collection site. -14- G-35 • If an employee is relieved from duty while awaiting the test results, they will be placed on pai~ administrative leave. • The duration of a rehabilitation program, as recommended by the SAP, shall not be grounds for dismissal. • All specimen containers and vials and bags used to transport the specimen shall be sealed to safeguard their integrity and proper chain-of-custody procedures shall be followed. • The testing of the samples shall be performed only by a laboratory and by a physician or health care professional qualified and authorized to administer and determine the meaning of any test results. The laboratory performing the test shall be one that is certified by the National Institute of Drug Abuse (NIDA) • If a specimen tests positive in an immunoassay screen test, the results must be confirmed by a gas chromatography/mass spectrometry test. The specimen must show positive results at/within the following limits on the GC/MS (gas chromatography/mass spectrometry) confirmatory test to be considered positive: If immunoassay is specific for free morphine, the initial test level is 25 ng/ml. Confirmator~~ Test: Limit Marijuana metabolites 15 ng/ml Cocaine metabolites 150 ng/ml Opiates: Morphine 300 ng/ml Codeine 300 ng/ml Phencyclidine 25 ng/ml Amphetamines: Amphetamine 500 ng/ml Methamphetamine 500 ng/ml • The City shall notify the employee and the union of their option to requisition a sample of th~ specimen and to send it to the laboratory chosen by the employee or union for testing. The cost of this test will be paid by the union or the employee. Failure to exercise this option may not be considered as evidence in an arbitration or other proceeding concerning the drug test or it's consequences. • The employee and the union shall be informed of the results of all tests and provided with all documentation regarding the tests as soon as the test results are available. The parties agree to use the Medical Review Officer (MRO) in the Virginia Mason Drug Proof facility to review all confirmed positive test results and communicate those results to the employer. The MRO shall have the responsibility to determine when an individual has failed a drug test in accordance with the standard enumerated herein. -15- G-36 • ARTICLE IV -COMPENSATION Section A - Wages Effective January 1, 2009, all bargaining unit members shall receive a wage increase of 5.58%. Effective January 1, 2010, the COLA will be equal to 90% of the Seattle-Bremerton CPI-W index, June -June, applied the following January, with a minimum of 2% and a maximum increase of 5%. Paramedic Benchmark Wage Survey: Because of the change in composition of the bargaining unit, where vacant firefighter positions are being replaced with Paramedics, there are only a few remaining firefighter positions within the Fire Department. In consideration of this change, the City agrees to use the Paramedic classification as the benchmark survey class with the Union and maintain the existing pay differentials between the represented classes. The City agrees to conduct a salary survey for the next subsequent agreement only. Deferred Compensation: In lieu of the City providing along-term disability plan, the City agrees to contribute an amount equal to the actual premium paid by the employee for the IAFF disability insurance plan and pay that amount into a deferred compensation plan for the employee. Section B -Tuition Reimbursement Any member covered by this Agreement is entitled to 80% reimbursement for tuition and book costs for any course directly related to their job, provided the member has gained the approval of the Fire Chief prior to registration for the class of instruction. All members requesting reimbursement for tuition and • books will be expected to meet the minimum standards for taking the course and must complete the course with a passing grade or certificate of course completion. Section C -Uniform Maintenance Allowance New employees hired by the City shall receive a full uniform as defined by the Department's current Standard Operating Guidelines. The uniform shall include: Class B shirts (2), T-shirts (8), pants (2), belt, foul weather jacket and boots. The new employee's boot allowance shall not exceed $200. Employees required to attend the State Fire Academy will receive all clothing required by the Academy. Upon completion of probation, new employees will be provided with a Class A uniform. If the employee leaves the City prior to completing two (2) years of service, the employee will reimburse the City the cost of the Class A uniform. 2. The City shall provide a uniform maintenance allowance (excluding newly hired employees covered above) of $400 per calendar year. Employees shall purchase uniform items and provide a copy of the receipt to the Fire Department for reimbursement. The City shall provide a balance for an employee on the amount of the uniform allowance used, upon request. 3. The uniform shall be as set forth in the Fire Department Operations/Procedures Manual, as an attachment to this Agreement. 4. The employee agrees to maintain and repair the uniform. 5. The City agrees to furnish required protective clothing and safety equipment. • -16- G-37 Section D -Overtime Pav C. Overtime hours are those hours which the employee is authorized to work in excess of their regularly scheduled shift, excluding shift trading. 2. Authorized overtime hours worked shall be paid at the rate of time-and-one-half the employee's regular rate of pay. 3. Overtime pay shall not be compounded with any other form of premium pay to the employee. 4. Personnel being transferred to another shift will not be entitled to overtime pay, provided that not more than one transfer shall be made annually. Section E -Call-Back Pav An employee called back to work on other than their regularly scheduled shift shall be compensated a minimum of two hours at the overtime rate of pay. Provided, however, the two-hour minimum shall not apply to call backs within less than two hours of the start of the employee's regularly scheduled shift or time contiguous to the end of a regularly scheduled shift. Compensation for call backs with less than 2 hours before the assigned shift shall be paid at a minimum of 1 hour at the overtime rate of pay. Compensation for contiguous hours at the conclusion of the shift shall be paid at the overtime rate of pay for actual hours worked, rounded to the nearest'/2 hour. Hours worked beyond the minimum shall continue to be paid at the overtime rate until relieved of duty, or until the employee's regular shift begins, calculated to the nearest'/2 hour. Schedule F -Higher Class Pav When an employee is assigned to work in a higher classification for four (4) or more consecutive hours the employee shall be paid higher class pay at the starting salary of the higher classification for the entire assignment. Such pay shall be calculated to the nearest 30 minutes. Section G -Medic Unit Pay: Employees assigned to the Medic Unit during a second work shift in the series, will receive $40 for that shift. Employees who are assigned to work on the Medic Unit a third work shift in the series, will receive $80 for that third shift. Within. their scheduled 28 day cycle, floaters will be eligible for $40 for each shift over 3 worked on the medic unit and $80 for each shift over 6 worked on the medic unit. The medic unit pay will only apply when an employee is working multiple shifts during a series on their assigned shifts. Overtime shifts and trades would not be eligible for this Medic Unit pay. A probationary Firefighter, who is assigned to the Medic Unit, due to the following, will not be eligible for Medic Unit Pay: 1. As part of their assigned training; 2. for purposes of probationary evaluation; or 3. is ineligible to fill another position. A probationary Firefighter is eligible to receive Medic Unit pay under this provision when any of the above does not apply. If the Department implemented an operational change that reduced the primary medic unit's workload, this pay will be renegotiated and adjusted accordingly. The shift officer shall first make shift assignments based upon staffing requirements, then shall assigr~ staff avoiding medic unit pay. _17_ G - 38 S Medic Unit Pay shall become effective no later than February 1,2006. Section H -Fire Prevention Assignment Pav An employee assigned to the Fire Prevention Division of the Fire Department shall receive premium pay of $75 per month. After the employee has successfully obtained their ICC Fire Inspection Certification, the employee shall receive an additional $50 per month (total of $125 per month premium pay). The City shall assist the employee in obtaining the ICC certification within the first six (6) months of having been placed in the Fire Prevention Division. Section I -Compensatory Time -Non Shift Personnel Only Compensatory time may be granted in lieu of overtime. Compensatory time may be accrued up to 80 hours for day personnel. The employee shall have the option of overtime or compensatory time. Compensatory time will be given at the rate of time-and-one-half. Section J -Specialist Pav Employees who meet the following criteria are eligible to receive $50 a month for specialist pay. Criteria: Employees shall participate in training and response for technical rescue. 50% attendance at monthly technical rescue drills, as well as 50% attendance at quarterly exercises is required. In addition, within one year of signing the letter of intent to participate, personnel shall meet the prescribed standards for technician-level qualification in at least one of the following: ^ Trench rescue ^ Confined space rescue ^ Structure collapse rescue ^ Rope rescue Attendance and qualification will be monitored. on asix-month basis. Failure to meet minimum required drills will constitute a loss of specialist pay -which will begin again once the employee meets the qualification and training requirements over the next six-month review period. Off duty participation in technical rescue training will be compensated with overtime or comp time as outlined in Article IV of this union contract. Employees who show up for a regularly scheduled drill that is subsequently cancelled will receive credit for attendance. Employees who are on-duty and unable to attend a scheduled drill -either due to drill location or emergency response-will not have that drill considered in the total number of drills for attendance percentage. -1s- G-39 ARTICLE V -PAID LEAVE BENEFITS Section A -Vacation Vacation leave with pay will accrue to each member of the union working a 24-hour shift schedule at the following rate: Maximum Length in Service Shifts (24 hours) Hours Accrual 1 - 5 continuous years 5 shifts 120 240 6 -10 continuous years 7.5 shifts 180 360 11-15 continuous years 10 shifts 240 480 16 -20 continuous years 12.5 shifts 300 600 21 continuous years 15 shifts 360 720 Vacation leave with pay will accrue to each member of the Union working an 8-hour shift schedule at the following rate: Maximum Length in Service Shifts (8 hours) Hours Accrual 1 - 5 continuous years 10 shifts 80 160 6 - 10 continuous years 15 shifts 120 .240 11 -15 continuous years 20 shifts 160 320 16 -20 continuous years 25 shifts 200 400 21 continuous years 30 shifts 240 480 Vacation leave with pay will accrue to each member of the Union working a 9-hour shift schedule (45~ hour work week) at the following rate: Maximum Length in Service Shifts (8 hours) Hours Accrual 1 - 5 continuous years 10 shifts 90 180 6 - 10 continuous years 15 shifts 135 270 11 -15 continuous years 20 shifts 180 360 16 -20 continuous years 25 shifts 225 450 21 continuous years 30 shifts 270 540 a. Vacation will be granted only after the completion of one (1) full year's service. Thereafter, the leave credited for any month of service may be taken in any subsequent month. b. Scheduling of vacation (vacation, "K" days, floating holidays) for the upcoming year will be conducted by the second Tuesday of December. Leave requests will be picked based on department seniority. Each member may take up to a maximum of nine consecutive shifts off per pick, after such time the bid for vacation will rotate to the next senior person. At the time of leave scheduling for the upcoming year, the Union will identify and guarantee a minimum of four time periods (ABC, BCA, CBA) in which no leave will be granted. These "blocked periods" will be exclusively used as dedicated training days to address state mandated training requirements. Forty- five days shall be provided between the scheduled leave request to the first blocked training period. _19_ G - 40 • Aside from the "blocked periods", leave requests conducted by the second Tuesday of December shall be guaranteed provided that established department manning levels are maintained, with utilization of the floater. When the Department wishes to establish additional dedicated training in which no leave will be granted, the Department shall identify the day(s) and place them on the leave calendar 45 days in advance. Previously approved leave will not be rescinded to accommodate additional dedicated training. To decrease the likelihood of interruptions during the dedicated training periods, the City agrees to provide first out EMS coverage by either using daytime employees when available, or two off duty employees. EMS coverage assignments shall be filled in the same manner as overtime shift assignments. c. Unscheduled leave will be requested in advance and is subject to approval by the Department Head, provided the unscheduled leave request will not interfere with the work of the department. d. Previously approved leave may only be rescinded in the event of a catastrophic emergency. e. No employee shall be permitted to accumulate vacation in excess of the amount earned in a two (2) year period. f. Personnel transferring from a 24 hour shift schedule to a 8 or 9 hour shift schedule, or vice versa, shall, at the date of transfer, have their annual leave accumulation rate adjusted to reflect the new working hours; no reduction or addition shall occur in previously accumulated annual leave. Payment for Unused Vacation Employees shall be paid for unused vacation leave accrued at their base hourly rate (i.e., straight time) upon leaving City service; except no payment will be made for employees who terminate City service during the initial probationary period. Section B -Holidays For the purposes of this contract period, the parties recognize the following holidays: New Year's Day Labor Day Washington's Birthday Veteran's Day Memorial Day Thanksgiving Day Independence Day Christmas Day Three (3) Floating Holidays Floating holidays for new employees shall be pro-rated, based on the employee's hire date, as follows: Date of Hire Shall Receive January through April 3 Floating Holidays May through August 2 Floating Holidays September through December 1 Floating Holiday Each floating holiday shall be one 24-hour shift to be taken as vacation, subject to department manning requirements. The three floating holidays are excluded from cash payment as described below and are • taken in the same manner as vacation leave. _20_ G - 41 The named holidays above, excluding the floating holidays, shall not be observed, but shall be paid fo~ in cash at the individual employee's base rate of pay. These eight holidays shall have an annual value of 106 hours for each employee on a 24-hour shift. Each individual holiday shall be equal to 13.25 hours (106/8 holidays = 13.25 hours). Holiday pay shall be paid, in arrears, twice annually, one-half the amount owed (i.e., 53 hours) on the payday after July 4th, and the remaining half owed the last pay day of the calendar year. Any employee absent because of illness, injury, or disability and scheduled to work on a named holiday, shall have the value of one holiday (13.25 hours) deducted from the amount owed for the next holiday payment. If an employee is absent for 28 consecutive days or more, the employee shall not receive holiday pay from the 29th day on, regardless of whether or not they are scheduled to work the holiday. Any employee who resigns, retires, or terminates during the year shall have their holiday pay pro-rated for the number of holidays worked for that calendar year. Any new employee hired shall receive holiday pay, pro-rated for the period of the calendar year worked, calculated from the employee's hire date. NOTE: The Firefighter/Paramedic and Lieutenant assigned as "floater" are included in the holiday pay above for employees working a 24-hour shift. Section C -Sick Leave Sick leave is a privilege and may only be used in the event of actual illness of the employee or family member as defined in this Section. LEOFF II employees newly hired shall be granted their first years' sick leave accrual in advance, equa~ to 288 hours. At the end of the first year's employment, the employee shall continue their monthly accrual of 24 hours/month. 24 hour shift employees: LEOFF I 12 hours per month LEOFF II 24 hours per month 8 hour shift employees: LEOFF I 8 hours per month LEOFF II 16 hours per month 9 hour shift employees: LEOFF I 9 hours per month LEOFF II 18 hours per month Maximum Accrual: The maximum accrual of sick leave for LEOFF I employees is 1,440 hours and for LEOFF II employees 2,000 hours. Conversion of Sick Leave: Personnel transferring from a 24-hour shift to an 8 or 9 hour shift, or vice versa, shall at the date of transfer have their sick leave accumulation adjusted to reflect the new shift. No reduction or addition shall occur to previously accumulated leave. -21- • G-42 • Notification of Sick Leave: In the event an employee is sick and unable to report to work, the employee shall notify the Department as soon as possible, but in no event, no later than one hour prior to the .beginning of their shift. Documented abuse or misuse of sick leave shall result in disciplinary action. Proper Use of Sick Leave: Where the facts are established to the satisfaction of the Department Head, sick leave may be used for the following reasons, with approval of the Fire Chief: 1. Illness or injury to the employee, on or off the job. 2. Illness or injury to an immediate family member requiring the attendance of the employee to care for the family member. 'For purposes of this subsection, family members shall be defined as spouse, children, step-children, parents, and grandparents. 3. Funeral/bereavement leave: Sick leave used for funeral or bereavement leave shall be limited to three shifts in any one instance unless approved by the Department Head for additional time. Duration of Sick Leave Use: An employee requesting sick leave may use such time for actual illness or injury as defined in this section. If the Department Head has reasonable cause to believe that the employee has abused or misused sick leave, the Department Head may require a doctor's letter for verification of illness for the employee or family member. Sick leave may also be used for medical, optical, or dental appointments, and may be used in 30- minute increments. Payment of Unused Sick Leave (LEOFF I Members Only): If an employee has ten years or more • service with the City, the employee will be paid 10% of the value of their accumulated sick leave upon retirement (regular or disability) or death. The compensation for payment of sick leave shall be based upon the employee's hourly rate of pay at the time of retirement or death. Section D -Family Leave Pursuant to the City Personnel Policy and Procedures Manual, Section 7.06, an employee is entitled to up to 12 weeks of family leave to care for a newborn child, newly adopted child, or a child under 18 years of age with a terminal health problem. See City Personnel Policy and Procedures Manual, Section 7, Leave of Absence, 7.06, Family Leave. • -22- G - 43 ARTICLE VI -HEALTH BENEFITS A. Medical, Dental and Vision Coverage Medical Coverage: The City shall purchase the AWC Medical Plan B for the duration of the agreement. Employees shall contribute 10% of dependent only medical premiums. The City shall pay 100% of the medical premiums for the employee for the duration of the agreement. The City agrees to maintain the existing benefits for the duration of the contract. Those areas asterisked on the benefit comparison shall remain at the Plan A level, see appendix "B". The parties agree that any changes made by AWC to the medical plan level of benefits shall be incorporated as part of this document. If there are changes to the medical benefits the City will notify the Union. Either party may request impact bargaining on these changes. Dental coverage shall be paid for by the City, for the life of the agreement, for the AWC Dental Plan F. Vision coverage shall be paid for by the City and coverage shall be through the AWC Vision Service Plan, $25 deductible option. The City reserves the right to change insurance carriers as long as the employee benefits are not affected. Any such change will be coordinated with IAFF #656. B. Crisis/Trauma Counseling .The City agrees to provide crisis/trauma counseling for on-the job incidents for employees. The crisis/trauma counseling may be on a group or an individual basis. Requests for such counseling shall be made to the Fire Chief. The City further agrees to expand coverage beyond the medical plan coverage to include coverage for out-patient psychological services for employees up to ten (10) visits per year. The claims would be processed through the health plan, with unpaid charges up to the 10 visits paid for by the City. Employees will be responsible for submitting receipts or Explanations of Benefits for charges. City liability will not include charges in excess of usual and customary. C. Term Life Insurance The City agrees to provide term life insurance equal to one-times the employees annual salary, rounded to the nearest thousand, with a maximum policy of $50,000. The terms and conditions of the life insurance policy are as listed in the plan policy provided to employees. D. Employee Assistance Program The City agrees to maintain an Employee Assistance Program for the duration of the Agreement. E. WSCFF Retiree Medical Trust The City shall make a deduction from the employees pay check and such contribution shall be on a pre-taxed basis from the base salary of each LEOFF II employee. The contributions shall be payable to the Washington State Council of Firefighters Employee Benefit Trust. The contribution rate shall be deducted from the employee's paycheck on a pre-taxed rate of $75.00 per month, or as amended by the Board of Trustees. These contributions shall be included as salary for purposes of calculating retirement benefits. -23- G - 44 • ARTICLE VII -GRIEVANCE PROCEDURE A grievance is defined as a complaint by an employee concerning the interpretation or application of this Agreement. A grievance may be filed when an employee believes an injustice has been done because of an unfair application of a Department rule/regulation or policy. Disciplinary appeals are excluded from this procedure, which are subject to the Civil Service ordinance, rules and regulations of the Civil Service Commission. For purposes of this grievance procedure, a working day is defined as a calendar day, excluding Saturday, Sunday, and legal holidays. Time Limits Time limits are established to settle grievances quickly. Time limits may be extended by mutual agreement of the parties. If the grievance is not resolved with the decision rendered, it is the grievant's responsibility to initiate action which submits the grievance to the next step within the time period specified. Failure of the employee/Union to submit the grievance within the time limits specified shall terminate the grievance process and the matter shall be considered resolved. Failure of the City to respond within time limits will allow the grievance to automatically proceed to the next level of the grievance procedure. Rights and Restrictions of the Parties • 1. A party to the grievance shall have the right to record a grievance meeting at the expense of the requesting party. • 2. An employee may have a representative present at all steps of the grievance procedure. 3. Grievances of an identical nature involving an alleged violation of the same Article, Section, etc., concerning the same subject matter may be consolidated. Grievance Steps: Step 1 -Union Grievance Committee A grievance may be initiated by an employee submitting a written grievance to the Union Grievance Committee providing: A. The nature of the grievance; B. Alleged violation by Contract Section, Department Rule/Regulation, Policy, etc.; and C. The desired resolution, together with any supporting documentation attached to the written grievance. The grievance must be submitted within twenty (20) working days of the alleged violation or within twenty (20) working days of the date the employee had knowledge of the occurrence. -24- G - 45 The Union Grievance Committee shall review and determine if the grievance is justified. If, in the opinion of the Grievance Committee, the grievance is not valid, no further action shall be taken. If the Union Grievance Committee determines that the grievance is valid, the Union and/or the employee may present the grievance to the next level of the grievance procedure, the Department Head. Step 2 -Department Head Within ten (10) working days of receipt of the grievance by the Union Grievance Committee, the grievance shall be forwarded to the Fire Chief who shall review the grievance and meet with the employee and/or representative, if requested, as soon as possible to review the matter and shall issue a written decision within five (5) days after such a meeting. If the grievance is not resolved to the satisfaction of the employee/Union after receipt of the Department Head's written decision, the matter may be referred to Step 3 of the Grievance Procedure, the City Manager. Step 3 -City Manager The Union has five (5) days in which to submit the written grievance to the City Manager after receipt of the Department Head's written decision. The City Manager will meet with the grieved employee and representative, if requested, Department Head, and Human Resources Manager to .review the grievance and all supporting documentation. After that meeting, the City Manager has ten (10) working days to issue a written decision concerning the grievance. If the decision of the City Manager does not resolve the grievance to the satisfaction of the employee/Union, the grievance may be submitted to the final step of the Grievance Procedure, binding arbitration. A request for binding arbitration must be submitted to the City Manager within ten (10) working days after receipt of the decision of the City Manager. Step 4 -Binding Arbitration The Union and the City will jointly request from the American Arbitration Association a list of seven (7) 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 to an arbitrator without using the above arbitration service. The parties 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 parties. However, the arbitrator shall not have the ability to alter or amend any portion of the labor Agreement. 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 party shall be the responsibility of that party and shall not be shared as part of the arbitrator's expenses. The arbitrator shall issue a written decision to the parties within thirty (30) days of the close of the hearing. -25- G - 46 ARTICLE VIII -DURATION • The parties agree that the term of the Labor Contract between the City of Port Angeles and IAFF Local #656 shall be January 1, 2009 through December 31, 2010. IN WITNESS WHEREOF, we attach our signatures this day of December 2008. CITY OF PORT ANGELES IAFF LOCAL # 656 Gary Braun, Mayor Jerry Osterman, City Manager Bob Coons, Human Resource Manager Dan McKeen, Fire Chief • • -26- Daniel Montana, Union President Mark Karjalainen, Union Negotiator Kelly Ziegler, Union Negotiator G - 47 C7~ G - 48 • ART 1~TELE W A S H I N G T~ N, U. S. A. CITY COUNCIL MEMO DATE: DECEMBER 16, 2008 TO: CITY COUNCIL FROM: BRIAN S. SMITH, DEPUTY CHIEF OF POLICE SUB.IECT: CITY VIDEO SURVEILLANCE POLICY Summary: The purpose of this proposed policy is to provide guidance on the use of the City's closed circuit television (CCTV) cameras. This policy would set parameters that would restrict and regulate the non-court ordered use of CCTV in public places. The proposed policy would allow the City use of CCTV to enhance public safety and security in a manner consistent with accepted rights of privacy. The proposed policy sets forth definitions and common terms, establishes general principles for use, establishes roles and responsibilities, establishes protocols for training /oversight /and CCTV operation, establishes standardized signage that notifies the public that a particular area is subject to video monitoring, and establishes a process for camera installation and final approval. The proposed policy also establishes a protocol for the retention, extraction, and storage procedures of CCTV images, and identifies what type of law enforcement surveillance or other law enforcement CCTV monitoring that is not subject to this policy. The Public Safety Advisory Board is identified in this policy as the body that will review and approve new City requests for installation of CCTV systems in City facilities or public areas. Approval by the City Manager is also required by this policy, along with compliance with the entire installation and approval policy. Recommendation: Approve the City Video Surveillance Policy as proposed. Background / Analysis: Since 2006, the Port Angeles Police Department (PAPD) has monitored what are now twelve cameras in four public locations inside the City. These camera images can be viewed by officers on their computers in the Police Department. The cameras vary in type and performance (e.g., some have a zoom, pan, or tilt function and some are static). Officers report that these cameras have become invaluable as a force multiplier and a tool that increases their capacity to detect, deter, or respond to criminal activity. Officers have used information from the camera images to intervene in crimes in progress, identify suspects or vehicles after the fact, • and generally expand their daily patrol coverage and overall capacity. None of the current PAPD camera installation or operations was vetted by any existing policy or protocol, as no policy existed at the time that the program was initiated. G - 49 A review of the PAPD CCTV operations at present indicate that, with one notable exception, the CCTV operation is in compliance with this proposed policy. The exception noted is that there O are no notification signs at any locations advising the public that the area is subject to video monitoring. While this signage is not required in a public area, it has been identified as a best practice. Upon approval of this policy standardized signs stating "THIS AREA SUBJECT TO VIDEO MONITORING BY THE CITY OF PORT ANGELES POLICE DEPT" would be posted at appropriate locations where CCTV is in operation. This draft policy has been reviewed by the Public Safety Advisory Board (PSAB) and the Washington Cities Insurance Authority (WCIA). Changes recommended by the PSAB and WCIA have been incorporated into this policy. WCIA advised the PAPD early in this process that there is minimal policy from other cities in this area to draw from and that they would consider using the Port Angeles CCTV policy as a template or guide for use by other cities. A cursory review of published CCTV policies showed that the predominant area where similar policies have been promulgated was in the college or the university settings where police or public safety departments use CCTV in a manner very similar to what is in place with PAPD and what is proposed by this policy. G:\MASTFORM\COUNCIL. WPT Last Revised: 6/29/99 • O G-50 • CITY OF PORT ANGELES VIDEO SURVEILLANCE POLICY For Closed Circuit Television Monitoring and Recording of Public Areas for Safety and Security Purposes Policy Date: 12/10/08 I. Purpose. The purpose of this policy is to govern the use of the City's closed circuit television (CCTV) cameras. This policy is established to set parameters restricting the non-court ordered use of CCTV in public places and to enhance public safety and security in a manner consistent with accepted rights of privacy. II. Scope /Background. The City of Port Angeles recognizes that improvement and changes in technology can greatly enhance public safety. The City is implementing this method of crime deterrence technology by strategic placement of closed-circuit television cameras (CCTV) in the City of Port Angeles. . Past U.S. Supreme Court and lower court decisions strongly suggest that this type of monitoring is a valid exercise of a city government's powers. Under current interpretations of the First and Fourth Amendments, CCTV represents a valid use of the power to protect citizens. It does not intrude upon an individual's sphere of privacy, but rather records events occurring in public space for which individuals do not have a reasonable expectation of privacy. Legitimate uses of this technology are covered by this policy and applicable state and federal law. This policy applies to systems that enable continuous or periodic routine video monitoring.. Definitions. 1. "Extracting" means copying images from the hard drive to some other media (CD ROM, video tape, etc.) 2. "Monitoring" means real-time viewing or viewing stored footage. 3. "Personnel" means any authorized police personnel. 4. "Recording" means capturing images on a computer disk or drive, CD-ROM, or Videotape. IV. General Principles. The City is committed to enhancing the quality of life in Port Angeles by integrating professional public safety practices with available technology. A critical component of security and safety Page 1 ~ G - 51 through technology is CCTV in public areas. The principle objectives of CCTV monitoring O and/or recording in public areas .include: 1. Promote a safe environment by deterring acts of theft, vandalism, harassment, and/or assault. ' 2. Assist in the identification of individuals involved in criminal activity on City owned or managed property. 3. Assist in the safe daily operation of City parks and related facilities. 4. Assist law enforcement agencies in investigating criminal activity. To assure there is no violation of a person's reasonable expectation of privacy, CCTV cameras shall only be focused on public areas. CCTV monitoring and/or recording will be conducted in a professional, ethical and legal manner. Personnel using the CCTV camera system will be appropriately trained and supervised. Violations of this policy and procedures may result in disciplinary action and may subject those involved to criminal and/or civil actions. Information obtained through video monitoring and/or recording will be used exclusively for safety and security purposes and will only be released in accordance with this policy or as required by law [see RCW 42.56 and RCW 10.97]. CCTV monitoring and/or recording of public areas will be conducted in a manner consistent with all City policies, including. the Sexual Harassment Policy. Except for police investigations involving person(s) whose description is known, this policy prohibits monitoring and/or recording based solely characteristics and classifications (e.g., race, gender, sexual orientation, national origin, disability, etc.). CCTV monitoring of public areas, dwellings, and businesses in the City of Port Angeles is limited to uses that do not violate the reasonable expectation of privacy as defined by law. To maintain an informed community, the City will list on its web page information describing the purpose and location of CCTV cameras and the policy for their use. Any individual, civic group, class, etc. may contact the police department to schedule atour/demonstration of the CCTV monitoring point located in the police department. At no time will persons other than those designated by the Deputy Chief of the Port .Angeles Police Department have access to the monitors or to the recordings made. V. Responsibilities. 1. City of Port Angeles Police Department (PAPD) • Page 2 G - 52 PAPD is the department authorized and responsible to oversee and coordinate the use of public cameras in the City. The PAPD has primary responsibility for ensuring adherence to this policy and for disseminating the policy to persons requesting information on the policy and procedures. The PAPD is responsible for following new developments in the relevant laws and in security industry practices to ensure that CCTV monitoring and/or recording in the City is consistent with legal standards and protections. The Deputy Chief of PAPD has the responsibility to authorize CCTV monitoring for safety and security purposes in the City. All installations will follow the PAPD operating policies. Current CCTV monitoring systems will be evaluated for compliance with this policy. 2. Public Safety Advisory Board (PSAB) Reviews and advises on all requests for new installation and/or placement of security cameras. Makes a recommendation to the City Manager as to whether or not a particular camera should be installed at, or removed from, a given location. 3. Police Department (PAPD) Reviews requests for installation and or placement of security cameras, develops a recommendation on the requests, and forwards that recommendation to the City Manager. • Will assist in the aiming and focusing of cameras during the installation phase and will view and manage data from the cameras. 4. Information Technology (IT) Is responsible for maintenance of City owned cameras and related equipment. Provides any necessary technical training to City staff. Will bear the primary financial responsibility for insuring that security cameras installed on a City facility specific to a particular Department are properly installed and maintained. 5. City Attorney -provides training to designated staff related to the legal parameters of camera use. Staff will receive a copy of this policy and will sign a form that acknowledges their receipt of this policy, their understanding of its contents, and their agreement to perform their respective duties in accordance with this policy. VI. Installation /Final Approval Placement at other City facilities or buildings, such as City Hall, other City properties, public parks, open space areas, public streets or other public locations, requires approval by the City • Manager. Page 3 G - 53 When seeking approval, Department Heads will address the followin issues and concerns in O g supporting their request: 1. Objectives for implementing the system. 2. Use of equipment, including: Location of cameras. Location of reception equipment. Personnel authorized to operate the system. Times when monitoring will be in effect (and staffed, if applicable). 3. Other deterrence or detection measures that were considered, and why video monitoring is the best solution. 4.. Any specific, verifiable reports of incidents of crime or significant safety concerns that have occurred in the location to be placed under video monitoring. 5. Possible effects of the proposed video monitoring system on personal privacy, if any, and how those effects will be mitigated. 6. Review by and approval of the the Public Safety Advisory Board. 7. Signage strategy advising the public that video monitorin is occurrin O g g 8. Approach to installing and maintaining the system. 9. Fiscal impact and availability of funding. A. Training/Oversight 1. All personnel operating the CCTV system will be trained in the technical, legal and ethical parameters of appropriate camera use. Personnel will receive a copy of this policy and provide written acknowledgment that they have read and understood its contents. Personnel will receive update training on this policy as needed. In circumstances in which CCTV cameras are monitored, all personnel involved in monitoring and/or recording of public areas will perform their duties in accordance with the law and this policy. 2. The Deputy Chief of Police will ensure that responsible and proper camera monitoring/recording practices by personnel are followed by conducting periodic audits of the CCTV camera system. O Page 4 G - 54 • B. Operating Procedures The CCTV cameras will be monitored by police deparhnent personnel authorized by the Officer in Charge of the patrol shift. The Officer in charge shall review the video equipment each shift (at or near the beginning of the shift) to ensure the video system is functioning properly and the system is recording correctly using the proper data/time stamp. CCTV cameras shall be used to observe locations that are in public view and where there is no reasonable expectation of privacy. Any view provided by a CCTV camera shall be no greater than what is available from a public vantage point. Personnel shall not monitor/record individuals based on characteristics of race, gender, ethnicity, sexual orientation, disability, or classification such as national origin, etc. protected by state and federal laws. Personnel will monitor/record based on suspicious behavior, not individual characteristics. EXCEPTION: Police investigations involving person(s) whose description is known. The monitoring equipment will be configured to prevent personnel from tampering with or duplicating recorded information without authorization. Personnel shall not disseminate information learned from monitoring CCTV public cameras unless such release complies with the law, this policy or other information release laws or . policies. Camera .positions and views of residential housing shall be limited. Furthermore the view of a residential housing facility must not violate the standard of "reasonable expectation of privacy." C. Location and Direction of Video Monitoring Equipment Permanent, fixed-mounted cameras will not be placed in areas where a reasonable expectation of privacy is standard, such as inside restrooms. Cameras located internally will not be directed to look through windows to areas outside the building, unless necessary to protect external assets, provide for the personal safety of individuals or deter criminal activity from occurring. Cameras will not be directed to look into adjacent, non-City owned buildings. D. Notification Procedures Clearly written signs will be prominently displayed at the perimeter of video monitoring areas advising the public that video monitoring is occurring. • The Division of Parks will post signage at appropriate locations. Signage will state, Pages G - 55 THIS AREA IS SUBJECT TO VIDEO MONITORING BY THE CITY OF PORT O ANGELES POLICE DEPARTMENT E. Retention, Extraction, and Storage Procedures. Recorded video images will be stored until superseded. Images will be erased, deleted, or otherwise permanently eliminated within 15 days unless the video footage is being retained as part of a police investigation, court proceeding (criminal or civil), internal affairs investigation, or other bona fide use as approved by the Chief of Police. A list of all video footage retained beyond 15 days shall be maintained in a log identifying the purpose for extended retention. Only trained Staff authorized by the Deputy Chief of Police shall be authorized to extract video footage from the computer disk or drive. Any video footage extracted for investigation purposes shall be stored in a manner which will exclude access by unauthorized personnel. Video footage which is evidence will be processed and stored in the Evidence Room. Images obtained through video camera monitoring or recording must be retained for a length of time deemed appropriate for the lawful purpose of monitoring, but not to exceed 90 days, unless such images have historical value, or are being used for a criminal investigation as outlined in this policy. Records will be securely and permanently disposed of in a manner appropriate to their storage media. VII. Exclusions. This policy does not apply to the use of surveillance, or to the conduct of surveillance monitoring or recording by a law enforcement agency engaged in a legitimate criminal investigation. This policy does not apply to the use of hand-held or patrol car mounted video cameras. Page 6 G - 56 RESOLUTION NO. A Resolution of the City Council of Port Angeles, Washington, adopting a Video Surveillance Policy for Closed Circuit Television Monitoring and Recording of Public Areas for Safety and Security Purposes. WHEREAS, the purpose of the Video Surveillance Policy is to establish parameters restricting the non-court-ordered use of Closed Circuit Television (CCTV) monitoring and recording in public places within the City of Port Angeles, and to enhance public safety and security in a manner consistent with accepted rights of privacy; and WHEREAS, the City recognizes that improvements in technology can greatly enhance public safety; and WHEREAS, implementing CCTV technology enhances crime deterrence by strategic placement of CCTV cameras in the City; and WHEREAS, the U.S. Supreme Court has recognized CCTV monitoring as a valid use of governmental police power to protect citizens which does not intrude upon an individual's sphere of privacy; WHEREAS, the attached policy reasonably governs the use of the City's CCTV cameras; NOW THEREFORE, BE IT RESOLVED by the City Council of the Cite of Port Angeles, Washington: The attached Video Surveillance Policy for closed circuit television monitoring and -l- recording of public areas for safety and security. purposes. hereby is adopted. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of December, 2008. MAYOR ATTEST: APPROVED AS TO FORM: Becky J. Upton, City Clerk William E. Bloor, City Attorney G:\l.egal_Backup\ORDINANCES&RESOLUTIONSUtESOLUI'ION5.2008127. Video Surveillance Policy.l2 ] 608.wpd -2- CITY OF PORT ANGELES VIDEO SURVEILLANCE POLICY For Closed Circuit Television Monitoring and Recording of Public Areas for Safety and Security Purposes Policy Date: I. Purpose. The purpose of this policy is to govern the use of the City's closed circuit television (CCTV) cameras. This policy applies to all use of the city's CCTV monitoring and/or recording. This policy is established to set parameters restricting the non-court ordered- use of CCTV in public places and to enhance public safety-and security in a manner consistent with accepted rights of privacy. II. Scope /Background. The City of Port Angeles recognizes that improvement and changes in technology can greatly enhance public safety. The City is implementirig this method of crime deterrence technology by strategic placement of closed-circuit television cameras (CCTV) in the City of Port Angeles. Past U.S. Supreme Court and lower court decisions strongly suggest that this type of monitoring is a valid exercise of a government's police powers. Under current interpretations of the First and Fourth Amendments, CCTV represents a valid use of the power to protect citizens. It does not intrude upon an individual's sphere of privacy, but rather records events occurring in public space for which individuals do not have a reasonable expectation of privacy. Legitimate uses of this technology are covered by this policy and applicable state and .federal law. This policy applies to systems that enable continuous or periodic routine video monitoring on a sustained basis. III. Definitions. 1. "Extracting" means copying images from the hard drive to some other media (CD ROM, video tape, etc.) 2. "Monitoring" means real-tune viewing or viewing footage stored on hard drive. 3. "Personnel" means authorized police officers or non-sworn police personnel. 4. "Recording" means capturing images on a computer disk or drive, CD-ROM, or videotape 24 hours/day, seven days/week, yearlong. 1 IV. General Principles. The City is committed to enhancing the quality of life in Port Angeles by integrating professional police practices with available technology. A critical component of security and safety though technology is CCTV in public areas. The principle objectives of CCTV monitoring and/or recording in public areas include: Promote a safe environment by deterring acts of theft, vandalism, harassment, and/or assault. 2. Assist in the identification of individuals involved in criminal activity on City owned or managed property. 3. Assist in the safe daily operation of City parks and related facilities. 4. Assist law enforcement agencies in investigating criminal activity. To assure there is no violation of a person's reasonable expectation of privacy, -CCTV cameras shall be focused on public areas and the images shall not be used or disseminated improperly. Safeguards will ensure that the technology is not abused. The City shall comply with all local, federal and case law applicable to the use of surveillance cameras in public space. CCTV monitoring and/or recording will be conducted in a professional, ethical and legal manner. Personnel using the CCTV camera system will be appropriately trained and supen~ised in the responsible use of this system. Violations of this policy and procedures may result in disciplinary action and may subject those involved to criminal and/or civil liability under applicable state and federal laws. Information obtained through video monitoring and/or recording will be used exclusively for safety and security purposes. Information obtained through monitoring and/or recording will only be released in accordance with this policy or as required by law. [see RCW 42.56 and RCW 10.97] CCTV monitoring and/or recording of public areas will be conducted in a manner consistent with all City policies, including the Sexual Harassment Policy and other relevant policies. Except for police investigations involving person(s) whose description is known, this policy prohibits monitoring and/or recording based solely on the characteristics and classifications (e.g., race, gender, sexual orientation, national origin, disability, etc.). CCTV monitoring of public areas, dwellings, and businesses in the City of Port Angeles is limited to uses that do not violate the reasonable expectation of privacy as defined by law. 2 To maintain an informed community, the City will list on its web page information describing the purpose and location of CCTV cameras and the policy for its use: Additionally, any individual, civic groups, classes, etc. may contact the police department to schedule a tour/demonstration of the CCTV monitoring point located in the police department. At no time will persons other than those designated by the Deputy Chief of the Port Angeles Police Department have access to the monitors or to the recordings made. All recording or monitoring of public areas for security and safety purposes by City authorized cameras is limited exclusively to practices that will not violate the standards of a reasonable expectation of privacy as defined by law. V. Responsibilities. 1. City of Port Angeles Police Department (PAPD). The PAPD is the department authorized and responsible to oversee and coordinate the use of public cameras in the City. The PAPD has primary responsibility for ensuring adherence to this policy and for disseminating the policy to persons requesting information on the policy and procedures. The PAPD is responsible for following new developments in the relevant laws and in security industry practices to ensure that CCTV monitoring and/or recording in the City is consistent with high standards and protections. The Deputy Chief of PAPD has the responsibility to authorize all CCTV monitoring for safety and security purposes. in the City. All new installations will follow the PAPD operating principles. All existing CCTV monitoring systems will be evaluated for compliance with this policy. PAPD: • Reviews requests for installation and or placement of security cameras, develops a recommendation on the requests, and forwards that recommendation to the City Manager. • Will assist in the aiming and focusing of cameras during the installation phase and will view and manage data from the cameras. 2. Public Safety Advisory Board (PSAB). • Reviews and advises on all requests for new installation and/or placement of security cameras. • Makes a recommendation to the City Manager as to whether or not a particular ,~'.; camera should be installed at, or removed from, a given location. 3. Information Technology • Is responsible for maintenance of City owned cameras and related equipment. • Provides any necessary technical training to City staff. 4. City Attorney. • Provides training to designated staff related to the legal parameters of camera use. 5. All Departments. • Individual City Departments will bear primary financial responsibility for insuring that security cameras installed on a City facility specific to a particular Department are properly installed and maintained. Example: A security camera placed to monitor the Fire Department parking lot would become the primary responsibility of the Fire Department. Other City Departments would contribute expertise as necessary to ensure the proper operation of the camera. • Will receive a copy of this policy and will sign a form that acknowledges their receipt of this policy, their understanding of its contents, and their agreement o perform their respective duties in accordance with this policy. VI. Installation Approval Placement at other City facilities or buildings, such as City Hall, other City properties, public parks, open space areas, public streets or other p ub 1 i c locations, requires approval by the City Manager. When seeking approval, Department Heads will address the following issues and concerns in supporting their request: 1. Objectives for implementing the system. 2. Use of equipment, including: a. Location of cameras. b. Location of reception equipment. c. Personnel authorized to operate the system. d. Times when monitoring will be in effect (and staffed, if applicable). 4 3. Other deterrence or detection measures that were considered, and why video monitoring is the best solution. 4. Any specific, verifiable reports of incidents of crime or significant safety concerns that have occurred in the location to be placed under video monitoring. 5. Possible effects of the proposed video monitoring system on personal privacy, if any, and how they will be mitigated. 6. Appropriate consultation with stakeholders, including the public; or reasons why this is not necessary. 7. Signage strategy advising the public that video monitoring is occurring. 8. Approach to installing and maintaining the system. 9. Fiscal impact and .availability of funding. A. Training/Oversight 1. All personnel operating the CCTV system will be trained in the technical, legal and ethical parameters of appropriate camera use. a. Personnel will receive a copy of this policy and provide written acknowledgment that they have read and understood its contents. b. Personnel will receive update training on this policy as needed. In circumstances in which CCTV cameras are monitored, all personnel involved in monitoring and/or recording of public areas will perform their duties in accordance with the law and this policy. 2. The Deputy Chief of Police will ensure that responsible and proper camera monitoring/recording practices by personnel are followed by conducting periodic audits of the CCTV camera system. B. .Operating Procedures 1. The CCTV cameras will be monitored by police department personnel authorized by the Officer in Charge of the patrol shift. The Officer in charge shall review the video equipment each shift at or near the beginning of the shift to ensure the video system is functioning properly and the system is recording correctly using the proper data/time stamp. 2. CCTV cameras shall be used to observe locations that are in public view and where there is no reasonable expectation of privacy. Any view provided by a CCTV camera shall be no greater than what is available from a public vantage point. 3. Personnel shall not monitor/record individuals based on characteristics of race, gender, ethnicity, sexual orientation, disability, or classification such as national origin, etc. protected by state and federal laws. Personnel will monitor/record based on suspicious behavior, not individual characteristics.. EXCEPTION: Police investigations involving person(s) whose description is known. 4. Personnel will not continuously view people displaying affection in public areas, unless such activity is criminal in nature. 5. The monitoring equipment will be configured to prevent personnel from tampering with or duplicating recorded information without authorization. 6. Personnel shall not disseminate information learned from monitoring CCTV public cameras unless such release complies with the 'law, this policy or other information release laws or policies. 7. Camera positions and views of residential housing shall be limited. Any view given to the housing will be no greater than what is available with unaided vision. Furthermore the view of a residential housing facility must not violate the standard of "reasonable expectation of privacy." 8. The video equipment will be configured to prevent camera operators tampering with or duplicating recorded video information. 9. Recorded video records will be stored until the record is superseded, unless retained as part of a criminal investigation or court proceedings (criminal or civil), or other bona fide use as approved by the Deputy Chief of Police. In video, equipment typically retains records for 15 days. Then the records are superseded by being overwritten with new records. 10. Video recorded images will be stored in a secure location with access by authorized personnel only. 11. Camera control operators will conduct video observation of areas only in plain view of others situated in the public area viewable to the public. 12. Camera control operators will be trained in the technical, legal, and ethical parameters of appropriate camera use. • Camera control operators will receive a copy of this policy and provide written acknowledgement that they have read and understood its contents. • Camera control operators will receive training in cultural awareness.. Camera control operators will NOT view private rooms or areas through windows. 6 :., - y C. Location and Direction of Video 1V~onitoring Equipment. Permanent, fixed-mounted cameras will not be placed in areas where a reasonable expectation of privacy is standard, such as inside restrooms. 1. Cameras located internally will not be directed to look through windows to areas outside the building, unless necessary to protect external assets, provide for the personal safety of individuals or deter criminal activity from occurring. 2. Cameras will not be directed to look into adjacent, non-City owned buildings. 3. Placement of cameras will also take into consideration physical limitations such as availability of power, cell reception and reasonable mounting facilities. D. Notification Procedures 1. Clearly written signs will be prominently displayed at the perimeter of video monitoring areas advising the public that video monitoring is occurring. 2. The Division of Parks will post signage at appropriate locations. Signage will state, THIS AREA IS SUBJECT TO VIDEO MONITORING BY THE CITY OF PORT ANGELES POLICE DEPARTMENT E. Retention, Extraction, and Storage Procedures. 1. Recorded video images will be stored until superseded, usually 1 ~ days. Images will be erased, deleted, or otherwise permanently eliminated within 15 days unless the video footage is being retained as part of a police investigation, court proceeding (criminal or civil), internal affairs investigation, or other bona fide use as approved by the Chief of Police. A list of all video footage retained beyond 15 days shall be maintained in a log identifying the purpose for extended retention. 2. Only trained Staff authorized by the Deputy Chief of Police shall be authorized to extract video footage from the computer disk or drive. 3. Any video footage extracted for investigation purposes shall be stored in a manner which will exclude access by unauthorized personnel. Video footage which is evidence will be processed and stored in the evidence room with access by authorized personnel only. Images obtained through video camera monitoring or recording must be retained for a length of time deemed appropriate for the lawful purpose of monitoring, but not to exceed 90 days, unless such images have historical value, or are being used for a criminal investigation as outlined in this policy. 7 - +! Records will be securely and permanently disposed of in a manner appropriate to their storage media. VII. Exclusions. This policy does not apply to the use of surveillance, or to the conduct of surveillance monitoring or recording by a law enforcement agency engaged in a legitimate criminal investigation. This policy does not apply to the use of hand-held video cameras. G:\LEGAL\Police\Video Surveillance Policy\Port Angeles Video Surveillance Policy.103708.doc • DATE: December 16, 2008 TO: CITY COUNCIL NGELES FROM: TERRY K. GALLACHER, CHIEF OF POLICE SUBJECT: COMMUNITY MULTICULTURAL ALLIANCE 2008 CONTRACT Summary: The 2008 City budget includes $3,000.00 in funding for the Community Multicultural Alliance (CMCA). For a number of reasons the contract was not acted upon in a timely fashion and the CMCA has requested and is in need of the funding. Recommendation: Authorize the Mayor to sign the contract between the City and the CMCA. In 2005, the Port Angeles Multi-Cultural Task Force reorganized into the Community Multi- • Cultural Alliance (CMCA). Since at least that time the City has contributed to the operation of the Alliance through a contract authorizing payment to the CMCA of $3,000.00 per year. In 2008 the City again budgeted $3,000.00 for the CMCA. The CMCA has not received the funding, however, because of an apparent oversight. John Brewer, chair of the CMCA, will be reporting to Council tonight on the 2008 activities of the organization and their efforts to comply with the contract requirements. C7 The CMCA has met regularly throughout the year and provided a forum for interested parties to express both opinions and concerns about issues of equality and diversity in the community. Community potluck dinners have also been sponsored through the CMCA that have brought together diverse elements of our community for an evening of sharing and entertainment. The potlucks were very successful. The Police Department believes that the CMCA is a valuable asset to the City and recommends that the Council authorize the Mayor to sign the 2008 contract. The CMCA is not included in the 2009 City budget. PW_101.01 [Revised 07/20/04] G-57 200 Cornn'unity il~ulti-Cultural A-Iliance $y John $rewer, 2008 CMCA president, for the City Council meeting of Dec.16, 2008 The Community Multi-Cultural Alliance is a Port Angeles-based nonprofit [501(3)(c)1 corporation focused on how to improve diversity, equality and cultural awareness. The Alliance grew out of the Port Angeles Multicultural Task Force, a Port Angeles City Council advisory group created in the spring of 2002 to handle racism complaints from personnel at Coast Guard Group/Air Station Port Angeles. Its board members include community, religious, educational, governmental and business leaders and representatives from the Coast Guard and Lower Elwha HIallazn tribe. Interested community members are welcome to participate in the group's activities. Its quarterly board meetings are open to the public. 2008 was a rebuilding year for the Alliance after a turnover of board members. New board members were recruited, and the group reorganized its board study committees. The Alliance sponsored three international potluck soa.als, each of which were attended by more than 100 persons. These events are in keeping with the Alliance's mission of increasing cultural awareness and celebrating diversity. There was no admission charge, and the potlucks were open to individuals, families and children. The first potluck, at the Vern Burton, recognized Asian and Pacific Island cultures, foods, arts, music and heritage Feb. 29. The second, at the Senior Center, recognized celebrated the foods, music, art and cultures of Mexico, Central America and South America an May 30. The third potluck was held Aug. 29 at the Peninsula College House of Learning Longhouse and celebrated Native American -and Blaek foods and cultures. In addition, the Alliance co-sponsored "A Cultural Collaboration: Salmon, Community and Cultuxe" with the Washington Conservation Corps, Lower Elwha and AmeriCorps on Feb. 2 at the Senior Center. The event highlighted the area's tribes and featured drumming, dancing, storytelling and displays about salmon habitat recovery measures and the Elwha dam removal project. About 135 people attended. The Alliance investigated community complaints about the lack of diversity in the bands participating in Jazz in the Olympics with the festival's director, Gary Sorenson. All the bands have only white musicians. It turned out that there are few black bands in the traditional jazz genre, which is the emphasis of the festival; still, the Port Angeles Chamber of Commerce - now in charge of the festival - is making efforts to find traditional jazz bands with black musicians. The Alliance also met with Tor Parker, coordinator for the House of Learning Longhouse at Peninsula College, with the goal to work with her on joint projects, and answered questions from Darcy Schneider-Hobbs, a University of Washington graduate student interested in studying community racial prejudice as part of her internship at the Port Angeles School District. The Alliance also supported, with a $100 donation, a video by Sequim High School students on the controversy over Makah whaling, The Alliance also took a survey through the Peninsula Daily News' online daily poll: "How would you characterize race relations on the North Olympic Peninsula?" The answers from 757 persons responding: Excellent, 9.4 percent; Good, 28.4 percent; Fair, 28.4 percent; Poor, 19.9 percent; Don't Know, 13.9 percent. G - 5$ • Community Multi-Cultural alliance 2008 board of directors Quorum, per the Bylaws --~ "In no case shall a quorum be less than a majority of the directors then serving. (Board not Iess than 15 people and not mgrs than 21 persons}. ^ Education {1) - (Port Angeles School District) -Nancy Pack, principal, Franklin Elementary School. ^ Education {2) - (Port Angeles School Board} -Nancy McLaughlin, Port Angeles School Board member. ^ Law Enforcement -Terry Gallagher, Part Angeles police chief. ^ City. Government -Betsy Wharton, City Council member and deputy mayor. ^ Youth and Student Groups -Kelly Hennessey, Port Angeles High School Multicultural Club. ^ Military - (Coast Guard Group/Air Station PortAngeles) -Capt. Scott M. Pollock, PA Group/Air Station commander. ^ Nor-Profit -Lois Darks, Peninsula Community Mental Health Center. (Secretary) ^ Non-Profit - Kasha Rybezyk, AmeriCorps. ^ County Government (1) -Toni Gilbert, safetyltraining officer, Clallam County Human Resources Department. (Treasurer) ^ County Government (2) -Mike Doherty, Clallam Gounty Board of Commissioners. ^ Media ---John Brewer, Peninsula Daily News. (President} ^ Faith Communities -Francis Kyle, youth minister of the Port Angeles First United Methodist Church. ^ Higher Education -Maria Pena, dean for student development, Peninsula College. ^ I~ealth Care -Richard Newman, assistant administrator, human resources, Olympic Medical Center. ^ Civil Rights Advocacy Organizations -Diana Somerville, free-lance writer and editor. (Vice president) ^ At Large {I) -Sterling Epps, retired federal law enforcement. ^ At Large (2) - At Charles Sr., Lower Elwha Kiallam tribal member. • G-59 Community Multicultural Alliance o Vision and Mission Statements Port Angeles, WA 3anuary 11, 2006 Community.. Vision Statement Our community embraces equality and diversity; is welcoming and safe for all; is aware that we are made up of many different cultures; and practices zero tolerance toward acts of discrimination and racism. Mission Statement This organization contributes to a community that embraces equality and diversity by: 1. Providin an o en forum for the communi O g P tY 2. Promoting educational and cultural opportunities; 3. Providing expertise in responding to acts inconsistent with the Community Vision 4. Engaging in advocacy at the local, state, and national levels as allowed by law 5. Promoting the Community Vision and celebrating successes 6. Recommending proactive solutions to community concerns 7. Maintaining a vibrant organization that exemplifies continuous learning and innovation O CMCA Vision Mission Stmt.doc As found in the Articles of Incorporation of Community Multi-Cultural Alliance d[d January 11, 20Q6~ _ 60 s" _.. _. ORT ,~ ~ : _ _r .__~ ___.~ _.. • ;_ /'~~ WASHINGTON, U.S.A. CITY COUNCIL MEMO • • DATE: December I6, 2008 TO: CITY COUNCIL FROM: Dennis C. Dickson, Senior Assistant City Attorney SUBJECT: Agreement for Indigent Legal Defense Services - 2009 SUMMARY: The City of Port Angeles is required to provide legal defense services for indigents against whom it files and prosecutes criminal charges. The Clallanl Public Defender has agreed to provide indigent defense services for the calendar year 2009 in the amount of $46,664.65 as set forth in the proposed contract RECOMMENDATION: Authorize the Mayor to sign the attached agreement for indigent legal services with the C1aIIam PnbIic Defender for the year 2009. DISCUSSION: The City of Port Angeles has contracted the Clallam Public Defender to provide indigent legal defense services since 1997. After conducting cost analysis far continuing to provide these mandated services, it was determined that renewal of the contract with C1a11aIn Public Defenders was the most advantageous way to meet tlus obligation. The City Council had previously approved a three year contact beginning in 2007, extendu1g thxough 2009. )iiadvertently, that contract was not fully executed although the City and Clallam Defender have continued to operate under the basic terms of that contract. The proposed contract formalizes the continuation of services for the 2009 calendar year at a rate that includes the yearly rate adjustments provided in the contract previously approved by City Council. The contract contemplates a maximum caseload of 435 case assignments, wluch equals less than $1 .00 per ass'gned defense case. ;~ e us C. Dickson, Senior Assistant City Attoi7ley AttacIunent DCD1jd ~ G:ILEGAL~MEMOSIMEMOS.20081Council.Public Defender Contract.I2I208.wpd G-61 AGREEMENT FOR INDIGENT LEGAL DEFENSE SERVICES THIS AGREEMENT is entered into between the City of Port Angeles (hereinafter called "City") and Clallam Public Defender (hereinafter called "Contractor") is entered into this day of , 2008. REPRESENTATIONS 1. The City requires the professional services of the Contractor in order to provide indigent representation for misdemeanor and gross misdemeanor defendants that are prosecuted by the City of Port Angeles and under circumstances that legal defense is required either under the Constitution of the United States or under the Constitution and laws of the State of Washington. 2. The Contractor is qualified and capable of meeting' the professional standards for providing criminal defense and related services for indigent misdemeanor and gross misdemeanor defendants facing commitment or incarceration for offenses prosecuted by the City of Port Angeles. 0 AGREEMENTS NOW, THEREFORE, in consideration of specified legal services to be provided by the Contractor and the monetary payments to be made to the Contractor by the City, as herein provided, the parties hereby agree as follows: 1. Term of A~,reement. This agreement shall be in effect from the first day of January, 2009 through the 31st day of December, 2009; provided, however, in the event the state adopts legislation that requires a change in the services provided under this Agreement, either party may give notice of termination. This Agreement shall terminate 60 days following the date such notice is given. 2. Scope of Work. The Contractor shall provide criminal defense and related services for indigent misdemeanor and gross misdemeanor defendants and certain other persons facing commitment or incarceration for offenses prosecuted by the City of Port Angeles. The Contractor's obligation to provide services, and the City's obligation to pay for such services, under this agreement shall be limited to cases or matters in which the District Court Judge orpro-tem judge or commissioner having jurisdiction over the case or matter makes a specific determination of indigence, based on a fair study of need, and appoints Contractor to the case or matter by court order. The Contractor's obligation to accept case assignments and provide services under this agreement shall be capped and limited to forty (40) case assignments per calendar month. _1_ G-62 • Appointments of legal counsel for indigent defendants on City of Port Angeles cases exceeding the forty (40) case cap shall be to attorneys other than those employed by Contractor. The Contractor has the right, for good cause shown and with the Court's permission, to decline to represent or discontinue representing any individual, who by his or her request, action, conduct, or financial ability, waives the right to the assistance of counsel at public expense. In the event of a conflict of interest arising and precluding contractor from representing a client, and upon a finding by the Court that such conflict exists and precludes contractor from representing the defendant, and the court designates another attorney to represent the client, it shall be at the expense of the City. The Contractor will continue active representation and will complete cases which were assigned in the calendar year covered by the term of this contract briefly and with due diligence, and in the event that the Contractor is not awarded the contract for the following calendar year, the Contractor shall then be compensated at the hourly rate of $35.00 per hour. In the event that work is necessary on carryover cases and the Contractor is not awarded the contract, Contractor will be responsible for keeping a record of time worked under the term of this contract on cases for the City and must submit a monthly itemized statement of hours worked and request for payment to the City. Nothing in this agreement shall be construed to impair or inhibit the exercise of independent professional judgment when an attorney/client privilege has been established, nor shall this agreement require or authorize any attorney to engage in conduct prohibited by the Code of . Professional Responsibility. In order to make sure that the Contractor's caseload is being handled efficiently and in cooperation with the efforts of the District Court and the City Attorney's Office, the Contractor agrees to comply with the following guidelines to the extent possible: a. A specific Public Defender shall be assigned to each case as soon as notice is received of the District Court appointment. b. The Public Defender shall meet with the client and discuss the City Prosecutor's plea offer before the arraignment. The Public Defender shall attend the arraignment for each case and be prepared to respond to the plea offer. d. To the maximum extent practicable, the Contractor shall arrange for backup coverage for Public Defenders who are unable to make scheduled court appearances due to vacation or other such reasons that allow advance notice; in order to minimize continuances. 3. Compensation. Based upon the anticipated case load of approximately 435 cases for the 2009 calendar year, payment from the City to the Contractor shall be $46,664.65 for calendar • year 2009 to be made on a monthly basis with each monthly payment equal to 1/12th of the total amount as herein stated. _2_ G - 63 For purposes of this Agreement, the term "one case" shall mean all proceedings O concerning a single defendant charged with one or multiple misdemeanors or gross misdemeanors from first appearance to final case disposition. Each appointment to represent a single defendant on a appeal shall constitute one case. Each appointment for a single defendant alleging a violation of the terms or conditions of probation shall equal one-third (1/3) case. This caseload contemplates the assignment of no more than one full-time attorney acting in compliance with the rules ofprofessional conduct. This agreement may be periodically reviewed and renegotiated as necessary by either parry with respect to case load, but in the event that Contractor's court assignments/appointments exceed, or are predicted to exceed, more than 435 cases, the contract shall be renegotiated unless the contractor waives the right of renegotiation or does not give the City notice of intent to renegotiate at least 90 days before the end of the calendar year 2009, as applicable. 4. Independent contractor. The status of the Contractor hereunder is that of an independent contractor and the Contractor shall not be construed to be an employee or employees of the City of Port Angeles. As an independent contractor, the Contractor is not entitled to any benefits available to employees of the City, and the Contractor is responsible for withholding any monies required to be withheld from Contractor's employees pursuant to local, state or federal law, including but not limited to worker's compensation, social security, income taxes, use taxes and business and occupations taxes collected by the State of Washington. 5. Records. The City shall have the right to reasonably audit business records of the Contractor (exclusive ofattorney-client confidential records) which are relevant to the performance of this Agreement. Such review may occur upon thirty days notice to the Contractor, and may include, but not be limited to, on-site inspection by City agents or employees of all financial and non- privilegedrecords or other materials which are pertinent to this Agreement and its performance, and any and all non-privileged communications relevant to the performance of this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of this agreement for three years after contract termination and shall make such records available for review by the City upon request. 6. Modifications. Either party may request changes in the agreement; however, any and all modifications shall be in writing and signed by each of the parties. 7. Default. In the event that the Contractor defaults by failing to perform any of the obligations of this agreement, the City shall have available all contractual remedies under the laws of the State of Washington. If the City chooses to terminate the agreement for default by the Contractor, the City may at its option obtain performance of the work elsewhere and shall be entitled to recover any extra cost or damage to the City resulting from such default by deduction from any money due or coming to the Contractor. The Contractor shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which maybe sustained by the City by reason of such default. _3_ G - 64 • 8. Nondiscrimination. The Contractor shall not discriminate against any person on the basis of race, color, religion, sex, marital status, Vietnam era veteran's status, disabled veteran condition, physical or mental handicap, or national origin. 9. Indemnification/Hold Harmless. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 10. Insurance. The Contractor shall procure and maintain for the duration of this agreement a policy of professional liability insurance providing coverage of at least $1,000,000 against professional liability in connection with the work to be performed by Contractor under this agreement. 11. Applicable Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and in the event of dispute the venue of any litigation brought hereunder shall be Clallam County. IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF PORT ANGELES CLALLAM PUBLIC DEFENDER, CONTRACTOR BY BY Gary Braun, Mayor Harry Gasnick, Executive Director APPROVED AS TO FORM: William E. Bloor, City Attorney ATTEST: Becky J. Upton, City Clerk G:\Legal_BackupWGREEM ENTS&CONTRACTS\2008 Agmts&Con[racts\2009Public DefenderContract.l2-S-08.wpd • _4_ G-65 GELES • DATE: December 16, 2008 TO: CITY COUNCIL FxONI: Glenn A. Cutler, Director of Public Works & Utilities SUBJECT: Capital Facilities Plan and Transportation Improvement Program Amendment, Presentation and Public Hearing Summary: Staff proposes to add four (4) additional projects to the City's 2008-2014 Capital Facilities Plan and Transportation Improvement Program. The additional projects include: 1) Conservation Voltage Reduction; 2) West UGA Basin 2 Sewer Extension; 3) West UGA Basin 3 Sewer Extension, and; 4) West UGA Basin 4 Sewer Extension. Recommendation: Following a brief presentation, conduct a public hearing on the proposed amendment to the 2008-2014 Capital Facilities Plan and Transportation Improvement Program, and consider passing the attached resolution. Background/Analysis: On June 24, 2008 the City Council passed Resolution No. 6-08, a Capital Facilities Plan and Transportation Improvement Program for 2008-2014. Resolution No. 6-08 needs to be amended to include four new projects: 1) Conservation Voltage Reduction; 2) West UGA Basin 2 Sewer Extension; 3) West UGA Basin 3 Sewer Extension; and 4) West UGA Basin 4 Sewer Extension. Further, the proposed amended Capital Facilities Plan and Transportation lmprovement Program for 2008-2014 remains consistent with the City's Comprehensive Plan. Following a brief presentation of the four projects, it is recommended that Council open the public hearing, take public comment, close the public hearing, and consider passing the proposed resolution. On November 10, 2008, the Utility Advisory Committee supported the recommendations herein. Attachment: Resolution N:\CCOUNCIL\FINAL\CFP & T[P Project Additions.doc I-1 • RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, adopting a revised Capital Facilities Plan and Transportation Improvement Program for 2008-2014. WHEREAS, on June 24, 2008 the City Council of the City of Port Angeles, Washington adopted, through Resolution No. 6-08, a Capital Facilities Plan and Transportation Improvement Program for 2008-2014; and WHEREAS, the City's Capital Facilities Plan and Transportation Improvement Program needs to be amended to include four new projects: Conservation Voltage Reduction; West UGA Basin 2 Sewer Extension; West UGA Basin 3 Sewer Extension; and West UGA Basin 4 Sewer Extension, as detailed in the attached Exhibit "A;" and WHEREAS, the proposed amended Capital Facilities Plan and Transportation Improvement Program for 2008-2014 is consistent with the City's Comprehensive Plan; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles, Washington that the amended Capital Facilities Plan and Transportation Improvement Program, as prepared by the Director of Public Works & Utilities, attached hereto as Exhibit A, for the City of Port Angeles, Washington, be and the same are hereby adopted; and BE IT FURTHER RESOLVED that the amended 2008-2014 Transportation Improvement Program, together with this Resolution, shall be filed, using electronic format -1- I-2 • through the Internet, with the Secretary of Transportation of the State of Washington. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 16'b day of December, 2008. Gary Braun, Mayor ATTEST: APPROVED AS TO FORM: Becky J. Upton, City Clerk William E. Bloor, City Attorney G:U.egal_Backup\ORDINANCES&RESOLUTIONS\RESOLUTI0NS.2008\24.Amend Res 6-08-TIP&CFP.110308.wpd (December 1Q 2008) • • I-3 2008 - 2014 CAPITAL FACILITIES PROJECTS PRIORITY ORDER CFP /TIP SUMMARY PAGE 1 TOTAL DIVISION PROJECT TOTAL CITY 2008 TOTAL 2009 TOTAL 2010 TOTAL 2011 TOTAL 2012 TOTAL 2013 TOTAL 2014 TOTAL GRANTS & BONDS & OUTSIDE PRIORITY PROJECT ID PROJECT TITLE COSTS COST COSTS COSTS COSTS COSTS COSTS COSTS COSTS CONTRIB. LOANS MANDATE n~ DRn ivr~rc 1 GG02-2001 Infrastructure Development (NICE Program) 150,000 150,000 75,000 75,000 - - - - - - - N 2 GG03-2003 Harbor Master Plan 50,000 50,000 - 50,000 - - - - - - - Y 3 GG01-2007 Ediz Hook Rip Rap Repair 650,000 60,000 - 650,000 - - - - - 590,000 Y 4 GG01-2005 City Hall Parking Lot Repair 50,000 50,000 '- 50,000 - - - - - - - N DRn 1 FR01-2006 Public Safety Wireless Technology Plan 30,000 30,000 - 30,000 - - - - - - - N 2 FR07-1999 West Side Fire Station 1,926,000 1,926,000 - - - 166,000 1,760,000 - - 1,926,000 N DARKC DRn IFr:TC 1 PK01-2008 Elks Field Pickle Ball Court 48,000 38,000 - 48,000 - - - - - 10,000 - N 1 PK02-2006 Indoor Soccer/Tennis Courts 350,000 350,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 - - N William Shore Memorial Pool 2 PK02-2002 (Facility Assessment) 25,000 25,000 - 25,000 - - - - - - - N Civic Field Upgrades (Facility 3 PK04-2007 Assessment) 20,000 20,000 - 20,000 - - - - - - - N 4 PK06-2005 Replace Roof of Vern Burton 150,000 150,000 - 150,000 - - - - - - - N Fine Arts Center Entrance 5 PK02-2006 Improvements 50,000 38,000 - 50,000 - - - - - 12,000 N 7 PK02-2005 Restroom Replacement 375,000 375,000 - - 125,000 125,000 125,000 - - N Olympic Disc Trail Tree & 8 PK04-2005 Armor Replacement 300,000 300,000 - 50,000 50,000 50,000 50,000 50,000 50,000 N 9 PK11-2006 City Pier Float Replacement 750,000 750,000 - - - 750,000 - - - - - N Neighborhood Park 10 PKOS-2002 Renovation 500,000 500,000 - - 100,000 100,000 100,000 100,000 100,000 - - N 11 PKO6-2006 Lions Park Development 225,000 225,000 - - 85,000 75,000 65,000 - - - - N Senior Center/Fine Arts Center Facility Capital 12 PK10-2006 Maintenance 55,000 55,000 - 30,000 25,000 - - - - - N Lincoln Park Development 13 PK03-2006 Plan 50,000 50,000 - 50,000 - - - - - - N Tennis Courts at Erickson 14 PK03-2007 Park Lighting 75,000 50,000 - - - 75,000 - - - 25,000 - N City Pier /Hollywood Beach 15 PK01-2002 Renovation 100,000 100,000 - - - - 15,000 85,000 - - - N Shane & Elks Ball Field 16 PKO4-2006 Lighting Project 200,000 200,000 - - - - 100,000 100,000 - - - N POLICE PROJECTS N:~08\CFP Resolution Exhibit A Revised.xls Exh i~ "A" I-4 1008 • 2008 - 2014 CAPITA~CILITIES PROJECTS PRIORITY ORDER CFP /TIP SUMMARY~E 2 TOTAL DIVISION PROJECT TOTAL CITY 2008 TOTAL 2009 TOTAL 2010 TOTAL 2011 TOTAL 2012 TOTAL 2013 TOTAL 2014 TOTAL GRANTS & BONDS & OUTSIDE PRIORITY PROJECT ID PROJECT TITLE COSTS COST COSTS COSTS COSTS COSTS COSTS COSTS COSTS CONTRIB. LOANS MANDATE 1 PD01-2007 Remodel Police Department 450,000 450,000 - 75,000 375,000 - - - - N Police Station/City Hall 2 PD02-2005 Addition 590,000 590,000 - - - 590,000 - - - - N Regional Firearms Training 3 PD03-2007 Facility 300,000 35,000 - - - - 300,000 - - 265,000 - N TOTAL OF MANDATED GENERAL FUND PROJECTS 700,000 11 TOTAL OF ALL GENERAL FUND PROJECTS 7,469,000 6,56 CTRFFT PR(I.IFCTS - 700,000 - - - - - 590,000 - J 1,248,000 565,000 2,381,000 2,565.000 385,000 200,000 902.000 1.926.000 1 TR01-2003 Overla Program 2,220,000 2,220,000 150,000 150,000 340,000 360,000 380,000 400,000 420,000 - - N 1 TR01-2005 Gravel Road Paving 150,000 150,000 25,000 25,000 25,000 25,000 25,000 25,000 - - - N First Street Sidewalk 1 TR02-2000 Ennis -Golf Course 430,000 157,000 20,000 410,000 - - - - - 273,000 N 1 TR04-2005 Alley Paving 200,000 200,000 25,000 - 50,000 - 50,000 - 75,000 - - N Olympic Peninsula 1 TR48-1999 International Gatewa 14,694,240 6,003,925 5,236,500 - - - - - - 8,690,315 - N 1 TR74-1999 Sidewalk Program 250,000 250,000 50,000 50,000 50,000 50,000 25,000 25,000 - - N 1st & Peabody Signal / 2 TR05-2007 Gateway Signage 200,000 20,000 - 10,000 190,000 - - - - 180,000 - N 16th Street S/W ['G' St. to 3 TR10-2000 Stevens School] 310,000 85,000 - 15,000 295,000 - - - - 225,000 - N Street Bicycle 4 TR20-1999 Facilities/Racks/Striping 120,000 120,000 - 20,000 20,000 20,000 20,000 20,000 20,000 - - N 5 TR26-1999 ADA Curb Ramps 140,000 140,000 - 20,000 20,000 20,000 20,000 20,000 20,000 - - Y Laurel St. Stairs 6 TR01-2001 Replacement 275,000 275,000 - 25,000 250,000 - - - - - - N 7 TR07-2007 Waterfront Trail/Paving 93,395 93,395 - 93,395 - - - - - - - N Oak Street Stairs 8 TR03-2006 Replacement 500,000 500,000 - - 50,000 450,000 - - - - N Dry Creek Pedestrian 9 TR04-2006 Bridge/Trail Phase II 759,400 224,700 - 100,000 659,400 - - - - 534,700 - N Peabody Street 10 TR33-1999 Reconstruction (5th to 8th) 705,000 470,000 - 705,000 - - - - - 235,000 - N Lauridsen Blvd. Bridge 11 TR01-2008 Replacement Study Update 20,000 20,000 - - 20,000 - - - - - N Lauridsen Blvd Bridge 12 TR42-1999 VVdening 3,150,000 650,000 - - - 275,000 2,200,000 675,000 - 2,500,000 - N 18th Street Reconstruction 13 TR01-2007 Phase I 150,000 150,000 - 150,000 - - - - - - - N 16th Street S/W ['I' St. to 14 TR09-2000 'G' St.] 275,000 50,000 - 45,000 230,000 - - - 225,000 - N N:\CFP~2008\CFP Resolution Exhibit A Revised.xls Exhibit „/`1„ -5 12/11 /2008 2008 - 2014 CAPITAL FACILITIES PROJECTS PRIORITY ORDER CFP /TIP SUMMARY PAGE 3 TOTAL DIVISION PROJECT TOTAL CITY 2008 TOTAL 2009 TOTAL 2010 TOTAL 2011 TOTAL 2012 TOTAL 2013 TOTAL 2014 TOTAL GRANTS & BONDS & OUTSIDE PRIORITY PROJECT ID PROJECT TITLE COSTS COST COSTS COSTS COSTS COSTS COSTS COSTS COSTS CONTRIB. LOANS MANDATE International Waterfront 15 TR02-2003 Promenade 1,250,000 1,100,000 - - 150,000 600,000 500,000 - - 150,000 - N Lincoln/Blvd Rechannelization and 16 TR18-1999 Signal 550,000 103,000 - - 50,000 500,000 - - - 447,000 - N Lauridsen Blvd Reconstruction [Trk Rt. To 17 TR21-1999 'L' St.] 2,500,000 2,500,000 - - - 300,000 2,200,000 - - - - N 2nd & Valley Pavement 18 TR01-2004 Restoration 450,000 450,000 - 40,000 410,000 - - - - - N 10th Street S/W ['N' Street 19 TR11-2000 to 'M' Street] 550,000 150,000 - - - 50,000 500,000 - - 400,000 - N 10th Street ['M' Street to 'I' 20 TR12-2000 Street] 550,000 150,000 - - 50,000 500,000 - - - 400,000 - N Park Avenue Reconstruction [Peabody to 21 TR12-1999 Race] 1,200,000 300,000 - - 150,000 1,050,000 - - - 900,000 - N 22 TR02-2006 Sidewalk Fill In Gaps 875,000 500,000 - 175,000 175,000 175,000 175,000 175,000 - 375,000 - N 23 TR02-2001 Ennis St. Slide Repair 250,000 250,000 - - 250,000 - - - - - N 24 TR05-2006 Valley Creek Loop Trail 100,000 50,000 - 25,000 25,000 25,000 25,000 - - 50,000 - N FirsUFronURailroad Street 25 TR04-2007 Rehabilation 750,000 750,000 - - - 750,000 - - - - - N Laurel St. Sidewalk Phase 26 TR02-2007 f 270,000 50,000 - 270,000 - - - - 220,000 - N Laurel Street Sidewalk 27 TR03-2007 Phase II 200,000 30,000 - - - 200,000 - - 170,000 - N Laurel StreeUAhlvers Road 28 TR04-1999 Reconstruction 1,450,000 680,000 - - 550,000 900,000 - - - 770,000 - N Old Mill Rd/Scrivner Rd 2s TR02-2004 Im rovements 700,000 700,000 - - 65,000 50,000 335,000 250,000 - - - N 30 TR07-1999 Milwaukee Drive Phase I 2,400,000 2,400,000 - 250,000 2,150,000 - - - - N Mt Angeles Road/Porter 31 TR70-1999 Street LID 2,500,000 2,500,000 - - - - - 250,000 2,250,000 - 2,500,000 N 32 TR69-1999 Rhoads Road Area LID 1,120,000 1,120,000 - - - - 1,120,000 - - - 1,120,000 N "C" Street and Fairmont 33 TR97-1999 LID 2,500,000 2,500,000 - - - 250,000 2,250,000 - - - 2,500,000 N 10th/13th and "I"P'M" 34 TR71-1999 Street LID 2,750,000 2,750,000 - - - 250,000 - 2,500,000 - 2,750,000 N 18th Street Reconstruction N 35 TR16-1999 Phase II 3,700,000 3,700,000 - - - 350,000 3,350,000 - - - - 36 TR10-1999 10th Street Reconstruction 880,000 880,000 - - 80,000 800,000 - - - - - N Truck Route at US101 37 TR17-1999 Intersection 2,500,000 2,500,000 - - - - - 500,000 2,000,000 - - N 'N' Street Sidewalk [14th 38 TR13-2000 St. to 18th St.] 300,000 250,000 - - - 50,000 250,000 - - 50,000 - N Exh' "A" ~ , 6 006 N:~OS\CFP Resolution Exhibit A Revised.xls • 2008 - 2014 CAPITA~CILITIES PROJECTS PRIORITY ORDER CFP /TIP SUMMARY~E 4 TOTAL DIVISION PROJECT TOTAL CITY 2008 TOTAL 2009 TOTAL 2010 TOTAL 2011 TOTAL 2012 TOTAL 2013 TOTAL 2014 TOTAL GRANTS & BONDS & OUTSIDE PRIORITY PROJECT ID PROJECT TITLE COSTS COST COSTS COSTS COSTS COSTS COSTS COSTS COSTS CONTRIB. LOANS MANDATE 39 TR32-1999 9th Street Widening 70,000 70,000 - - - - 75,000 - - - - N 40 TROS-1999 Milwaukee Drive Phase II 4,000,000 4,000,000 - - - - 4,000,000 - - - - N City-Wide Traffic Signal a1 TR13-1999 InterconnecUPre-emption 550,000 550,000 - - - - - 600,000 - - - N Hill Street Intersection 42 TR05-1999 Reconstruction 400,000 250,000 - - - - 400,000 - - 150,000 - N Airport Industrial Park 43 TR14-2000 Streets 2,250,000 250,000 - - - 620,000 1,000,000 630,000 - 2,000,000 - N Lauridsen Blvd/Washington Street 44 TR80-1999 Reconstruct 350,000 100,000 - - 50,000 50,000 250,000 - 250,000 - N Alternative Cross-Town 45 TR02-2008 Route Study 200,000 200,000 - 200,000 - - - - - N as TR14-1999 White's Creek Crossing 8,000,000 8,000,000 - - - - - 1,500,000 6,500,000 - - N 47 TR06-2007 Vine Street Paving 100,000 100,000 - - - - 100,000 - - - - N Transportation 48 TR01-2006 Comprehensive Plan 100,000 25,000 - 40,000 60,000 - - - 75,000 - Y "O" Street Improvements 49 TR03-2008 (14th to 16th Streets) 450,000 450,000 - - - - 450,000 - - - N TOTAL OF MANDATED STREET PROJECTS 240,000 165,000 - 60,000 80,000 20,000 20,000 20,000 20,000 75,000 TOTAL OF ALL STREET PROJECTS 71,407,035_ 52,137,020 5,506,500 2,298,395 4,784,400 10,820,000 19,250,000 8,020,000 11,285,000 19,270,015 8,870,000 FI FCTRIC PRrI.IFCTS 1 CL02-2007 Upgrade College Substation Relays 110,000 110,000 110,000 - - - - - - - N 1 CL03-2007 Remote Monitoring System 70,000 70,000 70,000 - - - - - - - - N 1 CL09-2007 Replace Cable In Canyon Edge Subdivision 50,000 50,000 50,000 - - - - - - - - N 2 CL04-2008 I-Net Needs Assessment 30,000 15,000 - 30,000 - - - - - 15,000 - N 3 CLOS-2008 City Hall Annex Energy Conservation Improvements 300,000 150,000 - 100,000 100,000 100,000 - - - 150,000 - N 4 CL05-2007 Laurel Substation Structure 105,000 105,000 - 105,000 - - - - - - _ N 5 CLO1-2008 Replace Cable on Crabapple Rd 50,000 50,000 - 50,000 - - - - - - _ N 6 CL02-2008 Replace Cable in Plaza Mall 90,000 90,000 90,000 - - - - - - _ N 7 CL03-2008 Automatic Meter Reading - Electric 2,037,500 2,037,500 - 37,500 400,000 400,000 400,000 400,000 400,000 - - N 8 CL06-2007 Rayonier Transmission Line Renovation 230,000 230,000 - 30,000 200,000 - - - - - _ N 9 CL06-2008 Conservation Voltage Reduction 600,000 180,000 - 600,000 - - - - - 420,000 - N 10 CL07-2007 Underground Feeder F-1202 100,000 100,000 - - - 100,000 - - - - N N:\CFP~2008\CFP Resolution ExhibitA Revised.xls Exh I ~I~ „N„ 112/11/2008 2008 - 2014 CAPITAL FACILITIES PROJECTS PRIORITY ORDER CFP /TIP SUMMARY PAGE 5 TOTAL DIVISION PROJECT TOTAL CITY 2008 TOTAL 2009 TOTAL 2010 TOTAL 2011 TOTAL 2012 TOTAL 2013 TOTAL 2014 TOTAL GRANTS & BONDS & OUTSIDE PRIORITY PROJECT ID PROJECT TITLE COSTS COST COSTS COSTS COSTS COSTS COSTS COSTS COSTS CONTRIB. LOANS MANDATE 11 CL01-2006 Eclipse-Add Second Source 286,000 286,000 - - - 26,000 260,000 - - - - N 12 CL02-2002 Feeder Tie Porter To Golf Course 260,000 260,000 - - - 30,000 230,000 - - - N 13 CL02-2006 Upgrade "A" Street Substation Transformer 860,000 860,000 - - - 60,000 800,000 - - - 800,000 N 14 CL01-2004 Feeder Tie Hwy 101, Cherry Street to Pine Street 60,000 60,000 - - - 60,000 - - - - - N 15 CL04-2007 PUD Assumption in Previously Annexed Areas 100,000 100,000 - - - - 100,000 - - - N 16 CLOS-2007 Olympic Medical Center Redundant Power Source 110,000 110,000 - - - - 110,000 - - - N 17 CL07-1999 Airport Industrial Park 800,000 - - - - 400,000 200,000 200,000 - 800,000 N 18 CL03-2006 Install Peabody Substation 770,000 770,000 - - - - - 440,000 330,000 - N TOTAL OF MANDATED ELECTRIC PROJECTS - - - - - - - - - TOTAL OF ALL ELECTRIC PROJECTS 7,018,500 5,633,500 230,000 1,042,500 700,000 1,176,000 2,100,000 1,040,000 730,000 1,385,000 800,000 SOLID WASTE PROJECTS No projects planned - - - - - - - TOTAL OF MANDATED SOLID WASTE PROJECTS - - - - - - - TOTAL OF ALL SOLID WASTE PROJECTS - - - - - - - - 1 WT02-2001 VVH 1 CR 1'RVJCIi 1 J Elwha Dam Mitigation 330,000 110,000 110,000 110,000 - - - - 330,000 - N 1 WT02-2006 Bi-Annual Replacements 1,250,000 1,250,000 320,000 - 340,000 - 360,000 - 380,000 - - N 1 WT04-2007 Directed Services 365,000 365,000 50,000 85,000 55,000 55,000 60,000 60,000 - - - N 1 WT64-1999 McDougal Subzone Fire Pump 290,000 290,000 40,000 250,000 - - - - - - - N 1 WT65-1999 UGA Water Customers 20,000 20,000 5,000 5,000 5,000 5,000 - - - - - N 2 WT01-2008 Automatic Meter Reading - Water/Wastewater 2,037,500 2,037,500 - 37,500 400,000 400,000 400,000 400,000 400,000 - - N 3 WT01-2007 Dry Creek Water Settlement 150,000 150,000 - 150,000 - - - - - - N 4 WT01-2006 Concrete Cylinder Pipe Replacement, Phase 2 1,800,000 1,800,000 - 275,000 1,525,000 - - - - 1,800,000 N 5 WT02-2005 Concrete Cylinder Pipe Replacement, Phase 3 2,000,000 1,240,000 - 300,000 - 1,700,000 - - - 760,000 1,240,000 N 6 WT03-2005 Vulnerabilit Im rovements 210,000 210,000 - 65,000 70,000 75,000 - - - - - N 7 WT01-2000 Airport Industrial Park Water Line 1,500,000 - - 180,000 660,000 660,000 - - - 1,500,000 - N Exh' "A" ~ - 8 N:\~08\CFP Resolution Exhibit A Revised.xls ~ 1008 2008 - 2014 CAPITA~CILITIES PROJECTS CFP /TIP SUMMARY~E 6 PRIORITY ORDER TOTAL DIVISION PROJECT TOTAL CITY 2008 TOTAL 2009 TOTAL 2010 TOTAL 2011 TOTAL 2012 TOTAL 2013 TOTAL 2014 TOTAL GRANTS & BONDS & OUTSIDE PRIORITY PROJECT ID PROJECT TITLE COSTS COST COSTS COSTS COSTS COSTS COSTS COSTS COSTS CONTRIB. LOANS MANDATE TOTAL OF MANDATED WATER PROJECTS TOTAL OF ALL WATER PROJECTS WASTEWATER PRC].IFr:TS ~ 7,362,500 525,000 1,457,500 3,165,000 2,895,000 820,000 460,000 780,000 2,590,000 3,040,000 1 WW01-2007 Directed Services 405,000 405,000 55,000 60,000 65,000 70,000 75,000 80,000 - - N Plant Headworks 1 WW03-2005 Im rovements 375,000 375,000 30,000 345,000 - - - - - - y 1 WW07-2004 Install Vortex Ring Mixer 35,000 35,000 35,000 - - - - - - _ _ N Combined Sewer 1 WW08-2008 Overflows Phase I 1,045,000 1,045,000 3,000,000 8,000,000 7,440,000 - - - - - 18,040,000 Y Bi-Annual Replacements 2 WW27-1999 Lines 900,000 900,000 - 275,000 - 300,000 - 325,000 - - N Plant De-Watering 3 WW02-2005 1mprovements 1,000,000 1,000,000 - - - 1,000,000 - - - - 1,000,000 N Dry Polymer Feeder 4 WW01-2008 Replacement WWTP 54,000 54,000 - 54,000 - - - - - N Septage Receiving Station 5 WW02-2008 WWTP 699,500 699,500 - - 102,500 597,000 - - - - - N Combined Sewer 6 WW10-2008 Overflows Phase II 12,200,000 12,200,000 - - - - 1,125,000 3,800,000 7,275,000 - 8,700,000 Y Pump Station #3 7 WW03-2008 Replacement 138,000 138,000 - - 138,000 - - - - - N 8 WW04-2008 Carbon Scrubbers WWTP 51,200 51,200 - - 51,200 - - - - - N Digester Mixing 9 WW05-2008 Improvement WWTP 300,000 300,000 - - - 300,000 - - - - - N Sewer Trestle at Francis & 10 WW05-2006 8th 475,000 475,000 - - 75,000 400,000 - - - - N Waste Activated Sludge 11 WW06-2008 Thickening WWTP 100,000 100,000 - - 100,000 - - - - _ N 12 WW03-2000 Lindberg Rd Sewer LID 1,200,000 - - 125,000 1,075,000 - - - - 1,200,000 - N 13 WW02-2000 Air ort Industrial Sewer 1,300,000 - - 150,000 575,000 575,000 - - 1,300,000 - N Golf Course Road Sewer 14 WW05-1999 Interceptor 1,000,000 - - 140,000 860,000 - - - - 1,000,000 - N West UGA Basin 2 Sewer 15 WW07-2008 Extension 7,100,000 - - - - 1,000,000 6,100,000 - - 7,100,000 N West UGA Basin 3 Sewer 16 WW09-2008 Extension 6,100,000 - - - - - 900,000 5,200,000 - 6,100,000 - N West UGA Basin 4 Sewer 17 WW11-2008 Extension 2,500,000 - - - - - - 500,000 200,000 2,500,000 - N TOTAL OF MANDATED WASTEWATER PROJECTS 13,620,000 13,620,000 3,030,000 8,345,000 7,440,000 - 1,125,000 3,800,000 7,275,000 - 26,740,000 TOTAL OF ALL WASTEWATER PROJECTS 36,977,700 17,777,700 3,120,000 9,149,000 10,481,700 4,242,000 8,200,000 9,905,000 7,475,000 19,200,000 27,740,000 STORMWATER PROJECTS N:1CFP\2008\CFP Resolution Exhibit A Revised.xls Exhibit „/`1„ 112/11/2008 2008 - 2014 CAPITAL FACILITIES PROJECTS PRIORITY ORDER CFP /TIP SUMMARY PAGE 7 TOTAL DIVISION PROJECT TOTAL CITY 2008 TOTAL 2009 TOTAL 2010 TOTAL 2011 TOTAL 2012 TOTAL 2013 TOTAL 2014 TOTAL GRANTS & BONDS & OUTSIDE PRIORITY PROJECT ID PROJECT TITLE COSTS COST COSTS COSTS COSTS COSTS COSTS COSTS COSTS CONTRIB. LOANS MANDATE Stormwater Outfalls to 1 DR01-2004 Streams and Marine 350,000 350,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 - - Y 1 DR01-2008 Water Quality Project 100,000 100,000 50,000 50,000 - - - - - - - Y 1 DR02-1999 City-Wide Catch Basin Modifications 735,000 735,000 90,000 95,000 100,000 105,000 110,000 115,000 120,000 - - Y Stormwater at Canyon 1 DR04-2004 Edge & Ahlvers 500,000 500,000 50,000 200,000 250,000 - - - - - Y Stormwater at Campbell & 2 DR06-2004 Porter 500,000 500,000 - 50,000 200,000 250,000 - - - - 425,000 Y 3 DR65-1999 10th And "N" Street Regional Storm Detention 300,000 300,000 - 50,000 250,000 - - - - - 255,000 Y Peabody Creek/Lincoln St 4 DR14-1999 Culvert Rehab 1,000,000 500,000 - - - 1,000,000 - - 500,000 - Y 5 DR53-1999 Stormwater Discharges Over Bluff 670,000 670,000 - 190,000 - 120,000 120,000 120,000 120,000 - - Y 6 DR08-2004 Lincoln Park/Big Boy Pond 300,000 300,000 - - - 30,000 270,000 - - - 255,000 Y 7 DR07-2004 Stormwater "C" Street Extension 500,000 500,000 - - - 50,000 200,000 250,000 - - - Y 8 DR05-2004 Stormwater at Rose & Thistle 500,000 500,000 - - - 50,000 200,000 250,000 - - 425,000 Y 9 DR03-2004 Stormwater at Laurel & US101 500,000 500,000 - - - - 50,000 200,000 250,000 - - Y 10 DR02-2004 Upper Golf Course Rd. Area Stormwater 500,000 500,000 - - - 50,000 200,000 250,000 - - 425,000 Y 11 DR03-1999 Milwaukee Dr. Stormwater Improvements 1,200,000 1,200,000 - - - 150,000 150,000 150,000 750,000 - - Y 12 DR01-2001 First St. Stormwater Separation 250,000 250,000 - - - - 50,000 200,000 - Y Valley Street Erosion - - - 40 000 - - Y 13 DR01-2006 Improvements 40,000 40,000 - - - , TOTAL OF MANDATED STORMWATER PROJECTS 7,945,000 7,445,000 240,000 685,000 850,000 1,855,000 TOTAL OF ALL STORMWATER PROJECTS 7,945,000 7,445,000 240,000 685,000 850,000 1,855,000 TOTAL OF ALL MANDATED UTILITY PROJECTS 21,565,000 21,065,000 3,270,000 9,030,000 8,290,000 1,855,000 TOTAL OF ALL UTILITY PROJECTS 61,893,700 38,218,700 4,115,000 12,334,000 15,196,700 10,168,000 1,350,000 1,435,000 1,530,000 500,000 1,785,000 1 350 000 1 435 000 1,530,000 500,000 1,785,000 2 475 000 5 235,000 8,805,000 500,000 28,525,000 12.470.000 12, 840, 000 10, 515, 000 I 23, 675, 000 I 33, 365, 000 INFORMAIIVN ItGt7 rvvwUT rrt~d c~.~o Replacement of PBX Voice 1 IT01-2006 System 406,000 406,000 406,000 - - - - - - - - Y Computer Room - - - N 1 IT01-2008 Environmentals -Phase II 60,000 60,000 60,000 - - - - Exh' "A„ i - 1 U N:\~08\CFP Resolution Exhibit A Revised.xls ~ 1008 • 2008 - 2014 CAPITA~CILITIES PROJECTS CFP /TIP SUMMARY 8 PRIORITY ORDER TOTAL DIVISION PROJECT TOTAL CITY 2008 TOTAL 2009 TOTAL 2010 TOTAL 2011 TOTAL 2012 TOTAL 2013 TOTAL 2014 TOTAL GRANTS 8 BONDS & OUTSIDE PRIORITY PROJECT ID PROJECT TITLE COSTS COST COSTS COSTS COSTS COSTS COSTS COSTS COSTS CONTRIB. LOANS MANDATE 2 IT05-2006 DataNoice E uipment 370,000 370,000 - 370,000 - - - - - N Dedicated Emergency Information Technology 3 IT01-2007 Generator .50,000 50,000 50,000 - - - - - N Council Chambers Audio 4 IT02-2007 System 42,000 42,000 - - 42,000 - - - - - N TOTAL OF MANDATED IT PROJECTS 406,000 406,000 406,000 - - - - - - TOTAL OF ALL IT PROJECTS 928,000 928,000 466,000 420,000 42,000 - - - - - - GRAND TOTAL OF MANDATED PROJECTS 22,911,000 21,746,000 3,676,000 9,790,000 8,370,000 1,875,000 2,495,000 5,255,000 8,825,000 1,165,000 28,525,000 GRAND TOTAL OF ALL PROJECTS 141,697,735 97,850,720 10,212,500 16,300,395 20,588,100 23,369,000 34,285,000 21,245,000 22,000,000 43,847,015 44,161,000 Exhibit "A„ I - 11 N:\CFP\2008\CFP Resolution Exhibit A Revised.xls 12/11/2008 • i ~~T ~TT~~L.E ~~; ~n ®~ ~ W A S H I N C, T Q N, 1~ , S, A. CITY COUNCIL MEMO • • DATE: December 16, 2008 TO: CITY COUNCIL Fltolvl: Glenn A. Cutler, Director of Public Works and Utilities SUBJECT: Energy/Conservation Device Kit Purchase Contract Summary: The bid for the Energy/Conservation Device Kit Purchase Contract was opened on December 8, 2008. One vender submitted a bid, AM Conservation Group, Inc from Charleston, South Carolina. Recommendation: Authorize the City Manager to sign the Energy/Conservation Device Kit (Delivery Order Contract PW-08-026 with AM Conservation Group, Inc for energy/conservation device kits at anot-to-exceed price of up to $100,000, including shipping and sales tax. Background/Analysis: Bids for conservation kits were advertised in the Peninsula Daily News, the Seattle Daily Journal of Commerce, and solicited from companies that previously expressed interest in providing this service. The bids were for a minimum of 1,000 compact fluorescent lamp (CFL) kits for this delivery order contract where multiple orders may be placed throughout the year. The contract-has a total not-to-exceed price of $100,000 including sales tax. An individual kit contain the following CFLs: two 13-Watt, two 20-Watt and one 23-Watt. Kits will be mailed to electric customers that return the coupon to the City that will be inserted into their 2009 utility bills. Bids for this contract were received and opened on December 8, 2007. AM Conservation Group, Inc provided the only bid received, which was slightly over the Government estimate. The cost to purchase and distribute the kits is predominantly reimbursed under the Bonneville Power Administration (BPA) Conservation Rate Credit program in the amount of $15.00 per kit. The bid received exceeds the BPA reimbursement by $2.62 per kit. Within the City's conservation fund, funds where budgeted to promote this activity and will be used to cover the difference. The results of the competitive bid process are summarized in the following table. Bids for Ener /Conservation Device Kit Purchase Contract No. 07-15 Company Price for 1,000 conservation kits (minimum order amount) AM Conservation Group, Incorporated $17,620.00 Government Estimate $15,176.00 CITY COUNCIL MEETING Port Angeles, Washington December 2, 2008 CALL TO ORDER - Mayor Braun called the special meeting of the Port Angeles City Council to order at SPECIAL MEETING 5:33 p.m. EXECUTIVE SESSION: Based on input from Attorney Bloor, Mayor Braun announced the need for an Executive Session for approximately 30 minutes under the authority of RCW 42.30.140(4), planning the position to be taken in collective bargaining, with no action to follow. The Executive Session convened at 5:33 p.m. RETURN TO OPEN The Executive Session concluded at 6:00 p.m., and the Council convened in regular SESSION: open session. No action was taken. ADJOURN SPECIAL The special meeting adjourned at 6:00 p.m. MEETING: CALL TO ORDER - Mayor Braun called the regular meeting of the Port Angeles City Council to order at REGULAR MEETING: 6:06 p.m. ROLL CALL: Members Present: Mayor Braun, Deputy Mayor Wharton, and • Councilmembers Di Guilio, Kidd, Perry, Rogers, and Williams. Members Absent: None. StaffPresent.• Interim Manager Osterman, Attorney Bloor, Deputy Clerk Hagar, G. Cutler, T. Gallagher, D. McKeen, N. West, Y. Ziomkowski, B. Coons, J. Lafferty, T. Pierce, S. Roberds, and J. Seniuk. Public Present: L. Crowley, H. Lutz, A. & M. Williams, O. Campbell, P. Gagnon, K. Beirne, L. Hunt, L. Martin, E. 7ohnson, P. Lamoureux, T. Moore, A. Barnard, E. Behrmann, R. Canaan, R. Vienneux, S. Nixon, D. Schanfald, T. Hickes, J. Moss, B. Korby, C. Reeves-Sperr, L. Costello, V. Zmuda, and V. Lynn. All others present in the audience failed to sign the roster. PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Braun. ALLEGIANCE: PUBLIC COMMENT: Darlene Schanfald, 481 Holgerson Rd., P. O. Box 2664, Sequim, spoke regarding the Harbor-Works PDA, repeating her comments from the May 20, 2008, Council meeting. Ms. Schanfald stressed that she felt no public funds should be used to bail out Rayonier for the clean up of its former site. Herbert Lutz, 408 S. Lincoln St., owner of Maria's Restaurant, stated his sign had been stolen by his previous tenant and now the City will not allow him to replace it with a • like sign. He stated that Councilmember Kidd told him to bring. the issue before the Council for help in resolution. K-1 -1- CITY COUNCIL MEETING December 2, 2008 PUBLIC COMMENT: Rob Vienneux, 585 Wasankari Rd., a volunteer attorney forPro Bono Attorneys, spoke (Cont'd) on behalf on Mr. Lutz, asking for assistance in resolving the sign issue. Katherine Beirne, 1122 S. Cedar St., Port Angeles, read aloud from a letter to the City Council regarding the closure of the Pool, which asked for answers to questions about the Pool's budget. She asked Council to reconsider the Harbor-Works PDA and redirect those funds to the Pool. Norma Turner, 3928 Mt. Angeles Rd., Port Angeles, read aloud from a memo to the Council regarding the recent meeting of the Harbor-Works PDA that she had attended, encouraged the formation of a City Council Task Force regarding the PDA, and noted she had reviewed the City's budget and suggested various improvements to it. Sue Hynes, 316 W. 12"' Street, Port Angeles, asked that part of the money from the graving yard settlement be used for the Pool, Fine Arts Center, and Marine Lab rather than the Harbor-Works PDA. She left the Council with several questions regarding the closure of the Pool and whether or not the Pool would be torn down if closed. Shirley Nixon,1029 W. 5"' Street, P O Box 178, Port Angeles, thanked Council for the opportunity to speak and thanked Mayor Braun, Deputy Mayor Wharton and Councilmember Perry for attending the "Open Government Forum" held recently. Ms. Nixon then requested that Council record its Executive Sessions, requested that all members of the Council participate in the PDA Task Force and read aloud quotes from various Councilmembers from the May 20, 2008, Counci] meeting. Anne Shaffer, 264 Crescent Bay Lane, P O Box 2263, Port Angeles, agreed with the previous speakers regarding the Pool and the PDA and asked that the Council redirect the PDA funds to the Pool. Further, Ms. Shaffer felt the budget process should be revamped, allowing for more public input and direction. Ed Johnson, 312 E. 12"' St., Port Angeles, spoke against the Harbor-Works PDA, stating his hope that the City will opt out of participation in the PDA. Lee Hunt, 904 S. Pine St., Port Angeles, spoke against the need for aHarbor-Works PDA and felt the money should be redirected to use by the Pool. Break Mayor Braun recessed the meeting for a break at 6:45 p.m. The meeting reconvened at 7:02 p.m. PUBLIC HEARINGS - 1. 2009 Budget: OTHER: Metropolitan Park District Election costs: Manager Osterman provided information relative to the potential costs to conduct an election to form a metropolitan park district 2009 Budget for the purpose of financing and maintaining the William H. Shore Memorial Pool. Ordinance No. 3352 The estimated cost of $82,000, to be split by the City and the County, could include the Ordinance No. 3353 option of including the Crescent and Port Angeles School District boundaries and Ordinance No. 3354 having elections for Park District Commissioners. Discussion ensued, with Manager Osterman responding to questions and providing clarification regarding the election, its costs, the sharing of elections costs with the County, and the purpose and duties of a Metropolitan Park District. It was noted that determination of the election date is of prime importance, as enough time is needed for the Save the Pool Committee to get its information gathered for the election and time is needed after the election to make for a smooth transition should the voters approve the formation of a Park District. Councilmember Rogers stated she would not support funding the election from reserves and further discussion was held regarding what should or should not be funded from reserves. Also discussed was the true cost of Pool operations vs. the amount of the Pool budget deficit. K-2 2- CITY COUNCIL MEETING December 2, 2008 . PUBLIC HEARINGS - Deputy Mayor Wharton moved to support the election up to half of the cost of two OTHER: (Cont'd) districts with an elected board. Councilmember Perry seconded the motion. Following clarification by Attorney Bloor, a voted was taken on the motion, which 2009 Budget carried unanimously. Ordinance No. 3352 Ordinance No. 3353 Director Ziomkowski used PowerPoint slides to review and respond to questions and Ordinance No. 3354 comments made during past public hearings on the Budget. She provided a brief overview of the 2008 amended and 2009 final Budget, and reviewed the new Cultural Resources Fund and the parking violations ordinance. Mayor Braun continued the public hearing at 8:10 p.m. Gary Holmquist, 238 Grant Street, Port Angeles, on behalf of the Save the Pool Committee, thanked the Council for its support of the election for a Metropolitan Parks District and asked that the boundaries of the election be the Port Angeles School District. Mr. Holmquist requested the election be held in May, in order to allow the Save the Pool Committee sufficient time to prepare the necessary information for the election, and asked for the support of Public Works and Finance Department staff during the election process. Rebecca Korby, 928 W. 15"'Street, Executive Director ofHealthy Families of Clallam County, asked Council to reconsider cutting the funding for Human Services. She understood the economic challenges the City faces, but the need for human services is great. Lori Wilcox, no address given, a client ofHealthy Families, noted all the help she has received through Healthy Families and asked Council to reconsider cutting Human Services funding. Rebecca Korby, 928 W. 15"' Street, returned to the podium to inform the Council that the $13,000 received from the City averages out to $12.45 per person assisted. Brian Hanning, 922 Ahlvers St., a single father of four, noted the help he has received from Healthy Families and asked that funding not be cut. Jody Moss, 73 Bridge Lane, Port Angles, Executive Director of United Way, spoke in support of continued funding for Health and Human Services. She stated that a cut in funding will result in a cut in staff as well as services. She asked Council to reconsider the funding cuts and asked for a Council member to work with United Way for distribution of the funds and prioritizing who would receive those funds. J. R., 116 E. Front St., owner of the Blue Dolphin, asked for clarification on the parking violations ordinance. He felt two hours is not enough time to shop in downtown and would be a deterrent to shoppers, as they can park in the lots of the big box stores as long as they wish without fear of a ticket. He asked for the three strike rule, first ticket $10, second $15, third $25 and felt athree-hour limit to be more reasonable. Lisa Cook, no address given, stated she lives in a Healthy Families Home, noting it's the first time in her life she has been able to stay sober. She asked for no budget cuts to Human Services. Candy Munger, no address given, I fives in a Healthy Families Home, stated that she was able to remove herself from an unhealthy and violent relationship thanks to Healthy Families, and asked that Human Services funding not be cut. • Jessica Berry, no address given, lives in a Healthy Families Home and is a single mother of two. She has been able to better herself thanks to the help she received through Healthy Families and asked Council to not cut its funding. K-3 -3- CITY COUNCIL MEETING December 2, 2008 PUBLIC HEARINGS - OTHER: (Cont'd) 2009 Budget Ordinance No. 3352 Ordinance No. 3353 Ordinance No. 3354 Victoria Zmuda, 2202 W. 18"' St., asked for reconsideration of funding cuts to Human Services. She stated the help she has received through First Steps Program has been O invaluable. Greg Shield, 537 W. 7`h St., noted the support of the community toward saving the Pool and asked Council to reconsider funding cuts for the Pool and Human Services. Norma Turner, 3928 Mt. Angeles Rd., inquired as to whether gasoline contracts can be locked in at current prices, therefore allowing further budget cuts for gas purchases. She also asked if the City was going to pursue bonds for utility infrastructure, and if so, why, as the settlement money can be used for water projects. Jericho Hathaway, address not stated, asked the Council for no funding cuts to Human Services. Jim Haguewood, 705 Christman Place, Port Angeles, spoke regarding the Economic Development Fund, suggesting the Council be considerate and strategic in the use of the settlement money, as it is a one-time event and should be used to get the best results for the community. Chuck Leger, 401 Whidby Ave., read aloud a letter to the Council signed by his wife, regarding the clean up of the Rayonier site, comparing it to a similar situation she experienced while living in Butte, Montana. Lora Costello, 516 Ahlvers St., an employee of First Step, asked Council to reconsider cutting funding to Human Services. Mayor Braun closed the public hearing at 8:51 p.m. He conducted a first reading of the Cultural Resources Fund Ordinance by title, entitled ORDINANCE NO. 3352 AN ORDINANCE of the City of Port Angeles, Washington, establishing a new fund in the City Treasury, the Cultural Resources Fund, and a new Chapter 3.28 of the Port Angeles Municipal Code. Councilmember Williams moved to waive the second reading of the Ordinance. Councilmember Rogers seconded the motion, which carried unanimously. Councilmember Kidd moved to adopt the Ordinance as read by title. Councilmember Rogers seconded the motion, which carried unanimously. Mayor Braun conducted a second reading of the Parking Tax Ordinance by title, entitled ORDINANCE NO. 3353 AN ORDINANCE of the City of Port Angeles, Washington, revising Title 3 of the Port Angeles Municipal Code to add a new Chapter 3.60 to provide commercial parking tax provisions to the City of Port Angeles. It was moved by Deputy Mayor Wharton and seconded by Councilmember Perry to adopt the Ordinance as read by title. Following discussion and clarification, a vote was taken on the motion, which carried by a majority, with Councilmember Rogers voting in opposition. Mayor Braun conducted a second reading of the Budget Ordinance by title, entitled K-4 -4- CITY COUNCIL MEETING December 2, 2008 PUBLIC HEARINGS - ORDINANCE NO. 3354 . • OTHER: (Cont'd) AN ORDINANCE of the City of Port Angeles, Washington, amending the 2009 Budget 2008 budget and adopting the 2009 budget for the fiscal year ending Ordinance No. 3352 December 31, 2009. Ordinance No. 3353 Ordinance No. 3354 It was moved by Deputy Mayor Wharton and seconded by Councilmember Rogers to adopt the Ordinance as read by title. Discussion followed, with Council acknowledging the difficulty in making these budget decisions, especially based on the stories heard this evening. A vote was taken on the motion, which carried by a majority, with Councilmember Williams voting in opposition, as he felt he needed something from the community which listed what was essential vs. discretionary. Mayor Braun read the Parking Violations Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending Chapter 10.20 of the Port Angeles Municipal Code relating to penalties for parking violations in the City of Port Angeles. Councilmember Perry moved to waive the second reading, which was seconded by Councilmember Rogers. Discussion followed regarding whether waiving a second reading of the Ordinance was necessary, as it would not delay the budget process. In view of the fact that a downtown merchant spoke to this issue, it was felt that more input should be sought from the downtown merchants. Councilmember Perry withdrew his motion and Councilmember Rogers agreed ® as seconder of the motion. Discussion then followed regarding the three-step ticket process as proposed by JR, owner of the Blue Dolphin, and whether parking hours should be changed as opposed to issuing more tickets. At Council's request, Community & Economic Development Director West will seek input from the Downtown Association on these issues. Regarding the three ticket process, Police Chief Gallagher noted that parking enforcement personnel would not have the information regarding tickets written to a certain vehicle. Therefore, a call would have to be made to verify the status before each ticket could be written, which would be burdensome and largely unnecessary. Break Mayor Braun recessed the meeting for a break at 9:32 p.m. The meeting reconvened at 9:42 p.m. Due to the lateness of the hour, Councilmember Di Guilio asked that Agenda Items E.1., Establish Traffic Violations Bureau; and G.1., Port Angeles Swim Club Agreement Extension be moved to the Consent Agenda. Attorney Bloor noted a correction to the agenda, as it would be the first reading of the Ordinance for establishing the Traffic Violations Bureau. As there were questions regarding the Swim Club Agreement, it was not moved to the Consent Agenda. OTHER 1. Port Angeles Swim Club Agreement Extension: CONSIDERATIONS: Director of Public Works & Utilities Cutler stated the word "extension" should be Port Angeles Swim Club stricken, as it is basically a new contract which covers fees and addresses a termination Agreement Extension clause. Deputy Mayor Wharton moved to approve and authorize the Mayor to sign an agreement with the Port Angeles Swim Club. Councilmember Kidd seconded the motion. During discussion, it was discovered that the Port Angeles School District has not yet accepted the terms and conditions of the new contract. K-5 -5- CITY COUNCIL MEETING December 2, 2008 Port Arigeles Swim Club Therefore, it was moved by Councilmember Williams, seconded by Agreement Extension Councilmember Rogers, and carried unanimously to table this item to the next (Cont'd) meeting. WORK SESSION: 1. Port Angeles Harbor-Works Task Force:. Port Angeles Harbor- Deputy Mayor Wharton noted that the community has expressed concerns relating to Works Task Force the process in which the PDA was chartered, its structure, goals, and the liability of clean up. She felt that things may have moved too quickly in forming the PDA and that Council should step back and address the issues of concern in order to be able to move forward, as a community, in an effective manner. Deputy Mayor Wharton felt the formation of a Task Force will allow for review and clarification of areas of concern and would be responsible for taking corrective action, should it be required. Discussion followed and it was felt that the full Council as well as the Port Commissioners should participate in discussions, that information that had been provided at previous meetings should be represented, all questions asked and clarified, problems addressed, and ensure that the City and Port have the same vision for the property. There has been a cloud over the PDA since its formation, and a supported effort is necessary in order to get the facts out to the public. It was pointed out that Rayonier has title to the property, not the City. If the City offers no cooperation, Rayonier could perform a minimum clean-up and cap off the site allowing no public access. The purpose of the PDA was to help get the land put back into economic viability. Meeting Extended Councilmember Williams moved to extend the meeting past 10:00 p.m. Past 10:00 p.m. Councilmember Perry seconded the motion, which carried unanimously. WORK SESSION: Deputy Mayor Wharton stated she would like to discuss the Auditor's report, re- (Cont'd) analyzation of the decision to create a PDA, the composition of the PDA Board and review of its Charter, the roll of the Lower Elwha Tribe, and any liability questions. Port Angeles Harbor- Councilmember Rogers stressed that the City has never advocated that it would be Works TaskForce (Cont'd) responsible for clean-up of the site, and looked forward to having this issue clarified. Discussion followed regarding who should be a part of the Task Force. It was strongly felt the Port should be present at the meeting, as the PDA was created as a joint venture with the Port. The City Manager was directed to contact the Port to set up a Work Session with the evening of Tuesday, December 9"' or Wednesday, December 10"' as possible meeting dates. Councilmember Rogers felt a review of the presentation on the formation of a PDA given at the May 20, 2008, Council meeting would be in order and Councilmember Perry asked if results of the survey from the public input meeting held in October, 2007, were available for review. If so, that would be the best starting place as that is when discussions began. It was further pointed out that interest in the site began with the Harbor Management Plan and with the City's wish to acquire the Rayonier tank for use in its combined sewer overflow project. Deputy Mayor Wharton felt a lot of material had been discussed and asked what questions should be addressed at this first Work Session. Councilmember Rogers suggested they include a review of why the PDA was created, who is responsible for clean-up of the site, and liability issues. It was stressed that this meeting is a Council work session and no public comment will be allowed at this first meeting. The purpose is to help answer questions the Council has and public input can be heard at a future meeting. However, Council would like the freedom to call upon others in attendance K-6 6- CITY COUNCIL MEETING December 2, 2008 WORK SESSION: to answer questions if necessary. • (Cont'd) Deputy Mayor Wharton moved to convene a joint work session of the full City Port Angeles Harbor- Council and the Port of Port Angeles Commissioners at a date and time to be Works Task Force (Cont'd) determined to review the formation of a PDA. Councilmember Kidd seconded the motion. Following brief clarification, a vote was taken on the motion, which carried unanimously. OTHER 2. AFSCME Local #1619 Labor Contract: CONSIDERATIONS: (Cont'd) Human Resources Manager Coons provided a summary of the new labor contract with the American Federation of State, County, and Municipal Employees Local #1619 AFSCME Local #1619 (AFSCME) for the period covering January 1, 2009, through December 31, 2010. The Labor Contract agreement provides a cost of living adjustment of 5.58% for 2009 and 90% of the Seattle-Bremerton CPI for 2010, with a minimum of 2% and a maximum of 5%. The employees will enroll in a different medical plan resulting in a reduction of medical costs. Mr. Coons indicated the union membership has ratified the tentative agreement. Councilmember Di Guilio stated that he would support a motion to approve this contract; however, he would like the Council to set aside time in the future to discuss priorities and methodology for salary increases to be incorporated into future contracts. Councilmember Rogers moved to approve and authorize the Mayor to sign the labor contract between the City and AFSCME Local #1619, for the contract period covering January 1, 2009 through December 31, 2010. Councilmember Kidd seconded the motion, which carried unanimously. CONSENT AGENDA: Mayor Braun read the Ordinance by title, entitled ORDINANCE NO. . AN ORDINANCE of the City of Port Angeles, Washington, revising Title 10 of the Port Angeles Municipal Code to add a new Chapter 10.30 to establish and set forth the functions of the City of Port Angeles Traffic Violations Bureau. Councilmember Perry moved to accept the Consent Agenda, to include: 1.) Adopt the Ordinance as read by title; 2.) City Council Minutes ofNovember 18, 2008; Special Meeting Minutes ofNovember 19, 2008; 3.) Expenditure Approval List from 11/8/2008 to 11/21/08 for $1,352,660.87; 4.) Tree Trimming, Project WF-81614/1, Final Acceptance; 5.) Canyon Edge Cable Repairs, Project CL09-2007, Final Acceptance; 6.) Economic Development Council Contract Modifications; and 7.) Contractor Services - 1610 AM Radio. Deputy Mayor Wharton seconded the motion. Following brief comment, a vote was taken on the motion, which carried unanimously. Mayor Braun thanked staff for all their efforts in the budget process, acknowledging the difficulties in arriving at a final budget. Returning to discussion of a Work Session on the Harbor-Works PDA, Deputy Mayor Wharton asked that the Tribe be invited to attend the meeting as a show of respect. Councilmember Rogers will call Frances Charles and extend the invitation. INFORMATION: Mayor Braun reminded the Council that there would be aHarbor-Works PDA meeting on Wednesday, December 3`d at 2:30 in the Vern Burton meeting rooms and that • Friday, December 5`h, Council will meet to interview candidates for the City Manager position. K-7 -7- CITY COUNCIL MEETING December 2, 2008 INFORMATION: (Cont'd) ADJOURNMENT: Councilmember Kidd reminded everyone of the City Christmas party to be held December 13`h. The meeting adjourned at 10:45 p.m. Gary Braun, Mayor Becky J. Upton, City Clerk • K-8 -8- • CITY COUNCIL SPECIAL MEETING Port Angeles, Washington November 24, 2008 CALL TO ORDER - Mayor Braun called the special meeting of the Port Angeles City Council to order at 5:02 SPECIAL MEETING: p.m. ROLL CALL: Members Present: Mayor Braun, Deputy Mayor Wharton, and Councilmembers Di Guilio, Kidd, and Perry. Members Absent: Councilmembers Rogers and Williams. Staff Present: Interim Manager Osterman, Attorney Bloor, G. Cutler, N. West, and S. Sperr. • EXECUTIVE SESSION: Mayor Braun announced the need for an Executive Session for approximately two hours under the authority of RCW 42.30.110(1)(b) to consider acquisition of real estate; and RCW 42.30.110 (1)(I), to discuss with legal counsel representing agency matter relating to potential litigation, with no action to follow. The Executive Session convened at 5:02 p.m. and at 7:00 p.m., the Executive Session was extended for an additional 15 minutes by announcement of the Mayor. RETURN TO OPEN The Executive Session concluded at 7:15 p.m., and the Council convened in regular open SESSION: session. No action was taken. ADJOURNMENT: The meeting was adjourned at 7:15 p.m. Gary Braun, Mayor Becky J. Upton, City Clerk K-9 -1- CITY COUNCIL SPECIAL MEETING Port Angeles, Washington December 5, 2008 CALL TO ORDER - Mayor Braun called the special meeting of the Port Angeles City Council to order at 8:30 SPECIAL MEETING: a.m. in the Public Works Conference Room. ROLL CALL: Members Present: Mayor Braun, Deputy Mayor Wharton, andCouncilmembers Di Guilio, Kidd, Perry, Rogers, and Williams [arrived at 8:40 a.m.] Members Absent: None. EXECUTIVE SESSION: Mayor Braun announced the need for an Executive Session for the entire day under the authority of RCW 42.30.110(1)(g), to evaluate qualifications of applicants for public appointment and to interview the candidates for City Manager. The Executive Session convened at 8:30 a.m. Break Mayor Braun recessed the meeting at 11:30 a.m. for a lunch break. The meeting reconvened at 1:00 p.m. RETURN TO OPEN The Executive Session concluded at 6:10 p.m., and the Council convened in regular open SESSION: session. No action was taken. ADJOURNMENT: The meeting was adjourned at 6:10 p.m. Gary Braun, Mayor Becky J. Upton, City Clerk K- 10 • C~ -1- rt ~, Date: 12/10/2008 ~~..,_ ~' City of Port Angeles City Council Expenditure Report ~.~ , From: 11/22/2008 To: 12/5/2008 Vendor Description Account Number Invoice Amount CLALLAM CNTY TREASURER CVCA TO CLALLAM CO TREAS 001-0000-229.40-00 303.78 Clint Hulse DEP REF 001-0000-239.93-00 50.00 Nancy & Michael Henry PRE-NEED 4 URNS REFUND OV 001-0000-237.00-00 16.80 MITY-CITE INC MITY CITE TABLES 001-0000-237.00-00 -152.42 TAW CUSTOM EQUIPMENT EQUIP MAINT & REPAIR SERV 001-0000-237.00-00 -394.47 WASHINGTON STATE TREASURER OCT BUILDING SURCHARGE 001-0000-229.10-00 112.50 DIST CT REV TO ST TREASUR 001-0000-229.30-00 15,403.19 Division Total: $15,339.38 Department Total: $15,339.38 AMSAN OLYMPIC SUPPLY TABLECLOTHS 001-1160-511.31-01 75.45 VICTORIA REMEMBRANCE WREATH/REMEMBRANCE DAY 001-1160-511.31-01 75.00 Legislative Mayor & Council Division Total: $150.45 Legislative Department Total: $150.45 Jerald Osterman HOUSING SEPT THRU DEC 001-1210-513.49-90 4,000.00 PORT ANGELES CITY TREASURER City Mrg Intvw Food-Coons 001-1210-513.31-01 19.96 City Mrg Intvw Food-Coons 001-1210-513.41-50 41.98 QWEST 11-23 a/c 20673023060846 001-1210-513.42-10 17.16 WALDRON & COMPANY CITY MGR RECRUITMENT 001-1210-513.41-50 8,892.81 • City Manager Department City Manager Office Division Total: $12,971.91 QWEST 11-23 a/c 206T302306084B 001-1220-516.42-10 5.72 City Manager Department Human Resources Division Total: $5.72 OLYMPIC STATIONERS INC CALENDARS 001-1230-514.31-01 3.21 FILING OUT GUIDES 001-1230-514.31-01 20.38 PENINSULA DAILY NEWS LEGAL ADS 001-1230-514.44-10 77.34 QWEST 11-23 a/c 20673023060846 001-1230-514.42-10 5.72 City Manager Department City Clerk Division Total: $106.65 City Manager Department Department Total: $13,084.28 OLYMPIC STATIONERS INC CALENDAR 001-2010-514.31-01 16.96 QWEST 11-23 a/c 206T302306084B 001-2010-514.42-10 11.44 Finance Department Finance Administration Division Total: $28.40 GOVT FINANCE OFFCRS ASN GAAFR REVIEW THRU 113009 001-2023-514.31-01 50.00 MICROFLEx INC OCT. 7AX AUDIT PROGRAM 001-2023-514.41-50 28.27 OLYMPIC STATIONERS INC CALENDARS 001-2023-514.31-01 52.51 OFFICE SUPPLIES 001-2023-514.31-01 349.42 OFFICE SUPPLIES 001-2023-514.31-01 -11.79 KEYBOARD TRAY 001-2023-514.31-01 63.41 NAMEPLATE - CASAD 001-2023-514.31-01 20.54 FILE FOLDER LABELS 001-2023-514.31-01 47.34 STAPLERS/NAMEPLATE 001-2023-514.31-01 157.49 . PENINSULA DAILY NEWS PORT ANGELES CITY TREASURER ACCT TECH AD Working Lunch-Ziomkowski 001-2023-514.44-10 001-2023-514.43-10 584.55 23.37 QWEST 11-23 a/c 206T302306084B 001-2023-514.42-10 25.74 K-11 Page 1 r i ;.. - - - Date: 12/10/2008 ' City of Part Angeles - City Council Expenditure Report From:11J22l2008 To:12l5/2008 Vendor SEARS COMMERCIAL ONE Finance Department DIGITAL IMAGING SOLUTIONS INC GREAT AMERICA LEASING CORP OLYMPIC STATIONERS INC QWEST VERIZON WIRELESS Finance Department DATA BASE DIGITAL IMAGING SOLUTIONS INC GREAT AMERICA LEASING CORP OLYMPIC STATIONERS INC PITNEY BOWES CREDIT CORP Finance Department DIGITAL IMAGING SOLUTIONS INC GREAT AMERICA LEASING CORP QWEST VERIZON WIRELESS Attorney OLYMPIC AMBULANCE INC Attorney CLALLAM JEFFERSON PUBLIC DFNDR DIGITAL IMAGING SOLUTIONS INC GREAT AMERICA LEASING CORP QWEST WEST GROUP Attorney OLYMPIC STATIONERS INC PENINSULA DAILY NEWS PORT ANGELES CITY TREASURER QWEST Community Development Description Account Number AIR PURIFIER 001-2023-514.31-01 Accounting Division Total: COPIES THRU 113008 001-2025-514.45-31 NOV COPIER LEASE 001-2025-514.45-31 CALENDARS 001-2025-514.31-01 COPY PAPER 001-2025-514.31-01 11-23 a/c 20673023060846 001-2025-514.42-10 11-13 a/c 271272753-00001 001-2025-514.42-10 Customer Service Division Tatal: OCT. RECORD DESTRUCTION 001-2080-514.41-50 COPIES THRU 113008 001-2080-514.45-31 COPIER LEASE 001-2080-514.45-31 NOV COPIER LEASE 001-2080-514.45-31 NOV COPIER LEASE 001-2080-514.45-31 NOV COPIER LEASE 001-2080-514.45-31 COPY PAPER 001-2080-514.31-01 COLORED COPY PAPER 001-2080-514.31-01 3RD Q POSTAGE MACH LEASE 001-2080-514.45-30 Reprographics Division Total: Finance Department Department Total: COPIES THRU 113008 001-3010-515.45-31 NOV COPIER LEASE 001-3010-515.45-31 11-23 a/c 20673023060846 001-3010-515.42-10 11-15 a/c 264230412-00003 001-3010-515.42-10 Attorney Office Division Total: AMBULANCE-TAYLOR.R 001-3012-598.51-23 AMBULANCESERVICE TAYLOR R 001-3012-598.51-23 Jail Contributions Division Total: Public Defender Fees 001-3021-515.41-50 COPIES THRU 113008 001-3021-515.45-31 NOV COPIER LEASE 001-3021-515.45-31 11-23 a/c 20673023060846 001-3021-515.42-10 WA PRAC. JURY INSTRUCT 001-3021-515.31-01 Prosecution Division Total: Attorney Department Total, OFFICE SUPPLIES, GENERAL 001-4010-558.31-01 COPY PAPER 001-4010-558.31-01 FILING OUT GUIDES 001-4010-558.31-01 LEGAL ADS 001-4010-558.44-10 PABA/Chamber Lunch-West 001-4010-558.31-01 11-23 a/c 20673023060846 001-4010-558.42-10 Planning Division Total: Invoice Amount 86.71 $1,477.56 22.23 128.23 92.76 52.79 25.74 70.65 $392.40 73.00 345.12 268.55 143.72 607.63 638.27 422.33 160.00 1,344.00 $4,002.62 $5,900.98 27.68 139.06 11.44 54.98 $233.16 640.35 511.15 $1,151.50 2,750.00 27.67 139.06 8.58 312.19 $3,237.50 $4,622.16 24.06 52.79 20.38 248.63 12.00 14.30 $372.16 K-12 Page 2 u y. Date: 12/10/2008 City of Port Angeles City Council Expenditure Report .::~ _ • ~ From:11/22/2008 To: 12/5/2008 Vendor DIGITAL IMAGING SOLUTIONS INC GREAT AMERICA LEASING CORP QWEST VERIZON WIRELESS Community Development VERIZON WIRELESS Community Development DIGITAL IMAGING SOLUTIONS INC GLOBALSTAR USA NEXTEL COMMUNICATIONS QUILL CORPORATION QWEST Police Department NEXTEL COMMUNICATIONS PACIFIC OFFICE EQUIPMENT INC QUILL CORPORATION QWEST RICHMOND 2-WAY RADIO VERIZON WIRELESS Police Department NEXTEL COMMUNICATIONS PACIFIC OFFICE EQUIPMENT INC QUILL CORPORATION QWEST Police Department NEXTEL COMMUNICATIONS Police Department COPY CAT GRAPHICS DIGITAL IMAGING SOLUTIONS INC GREAT AMERICA LEASING CORP OLYMPIC STATIONERS INC PACIFIC OFFICE EQUIPMENT INC QUILL CORPORATION QWEST Description COPIES THRU 113008 NOV COPIER LEASE 11-23 a/c 20673023060846 11-15 a/c 264230412-00003 11-15 a/c 264230412-00003 Building 11-15 a/c 264230412-00003 Code Compliance Community Development COPIES THRU 113008 11-16 a/c 1.50018856 11-26 a/c 312753523 OFFICE SUPPLIES, GENERAL OFFICE SUPPLIES, GENERAL 11-23 a/c 20673023060846 Police Administration 11-26 a/c 312753523 OFFICE SUPPLIES, GENERAL OFFICE SUPPLIES, GENERAL OFFICE SUPPLIES, GENERAL 11-23 a/c 206T302306084B RADIO & TELECOMMUNICATION SRCH WRNT 08-488 Investigation 11-26 a/c 312753523 OFFICE SUPPLIES, GENERAL OFFICE SUPPLIES, GENERAL 11-23 a/c 206T302306084B Patrol 11-26 a/c 312753523 Reserves & Volunteers CLOTHING & APPAREL COPIES THRU 113008 OFFICE MACHINES & ACCESS OFFICE MACHINES & ACCESS COPY PAPER OFFICE SUPPLIES, GENERAL OFFICE SUPPLIES, GENERAL OFFICE SUPPLIES, GENERAL OFFICE SUPPLIES, GENERAL OFFICE SUPPLIES, GENERAL 11-20 a/c 206Z200017790B 11-23 a/c 20673023060846 Account Number 001-4020-524.45-31 001-4020-524.45-31 001-4020-524.42-10 001-4020-524.42-10 001-4020-524.42-10 Division Total: 001-4030-559.42-10 Division Total: Department Total: 001-5010-521.45-31 001-5010-521.42-10 001-5010-521.42-10 001-5010-521.31-01 001-5010-521.31-01 001-5010-521.42-10 Division Total: 001-5021-521.42-10 001-5021-521.31-01 001-5021-521.31-01 001-5021-521.31-01 001-5021-521.42-10 001-5021-521.31-14 001-5021-521.49-90 Division Total: 001-5022-521.42-10 001-5022-521.31-01 001-5022-521.31-01 001-5022-521.42-10 Division Total: 001-5026-521.42-10 Division Total: 001-5029-521.31-11 001-5029-521.45-31 001-5029-521.45-31 001-5029-521.45-31 001-5029-521.31-01 001-5029-521.31-01 001-5029-521.31-01 001-5029-521.31-01 001-5029-521.31-01 001-5029-521.31-01 001-5029-521.42-10 001-5029-521.42-10 Invoice Amount 22.24 128.24 8.58 34.34 20.60 $214.00 13.73 $13.73 $599.89 3.38 36.44 65.14 11.21 58.52 17.16 $191.85 116.36 89.96 179.92 78.02 17.16 232.18 -76.00 $789.60 788.04 38.57 125.86 60.05 $1, 012.52 18.57 $18.57 409.49 261.43 141.33 255.05 211.16 21.67 86.68 18.87 -47.12 20.48 252.45 K-116 Page 3 .. ,"~T.„y, , - Date: 12/10/2008 City of Port Angeles - City Council Expenditure Report ~ - From:11122l2008 To: 12/5/2008 Vendor Description Account Number Invoice Amount Police Department Records Division Total: $1,648.65 Police Department Department Total: $3,661.19 DIGITAL IMAGING SOLUTIONS INC COPIES THRU 113008 001-6010-522.45-31 71.62 GREAT AMERICA LEASING CORP NOV COPIER LEASE 001-6010-522.45-31 213.03 QUILL CORPORATION PAPER (OFFICE,PRINT SHOP) 001-6010-522.31-01 37.83 QWEST 11-23 a/c 206T302306084B 001-6010-522.42-10 31.46 11-23 a/c 206T302306084B 001-6010-522.42-11 11.44 wsAFC 2009 MEMBERSHIP 001-6010-522.49-01 875.00 Fire Department Fire Administration Division Total: $1,240.38 FAMILY SHOE STORE REIMBURSE CLOTHING ALLOWA 001-6020-522.20-80 124.61 BRYANT KROH College Tuition Reimb 001-6020-522.43-10 672.00 Mike Sanders FLU SHOT FOR MIKE SANDERS 001-6020-522.41-50 30.00 Sigtronics Corporation MICROPHONE 001-6020-522.31-01 111.90 OLYMPIC MEDICAL CENTER SALE SURPLUS/OBSOLETE 001-6020-522.41-50 130.00 QUILL CORPORATION AUTO & TRUCK MAINT. ITEMS 001-6020-522.31-01 18.58 QWEST 11-23 a/c 206T302306084B 001-6020-522.42-10 34.32 SANDY'S RACE STREET AUTO PARTS AUTO PARTS 001-6020-522.31-01 2.32 sEAWESTERN INC CLOTHING & APPAREL 001-6020-522.31-11 483.28 SUNSET DO-IT BEST HARDWARE HAND TOOLS ,POW&NON POWER001-6020-522.31-01 69.30 SWAIN'S GENERAL STORE INC HAND TOOLS ,POW&NON POWER001-6020-522.31-01 10.70 vERIZON WIRELESS 11-15 a/c 264395724-00001 001-6020-522.42-10 66.73 Fire Department Fire Supression Division Total: $1,753.74 QWEST 11-23 a/c 206T302306084B 001-6021-522.42-10 2.86 SEAWESTERN INC CLOTHING & APPAREL 001-6021-522.31-11 248.96 Fire Department Fire Volunteers Division Total: $251.82 North By Northwest Surf Co HELMETS 001-6030-522.31-07 3,998.88 NFPA MEMBERSHIP 001-6030-522.49-01 150.00 QWEST 11-23 a/c 206T302306084B 001-6030-522.42-10 5.72 VERIZON WIRELESS 11-15 a/c 264230412-00005 001-6030-522.42-10 39.21 Fire Department Fire Prevention Division Total: $4,193.81 QUILL CORPORATION PAPER & PLASTIC-DISPOSABL 001-6040-522.31-01 58.35 QWEST 11-23 a/c 206T302306084B 001-6040-522.42-10 5.72 Fire Department Fire Training Division Total: $64.07 MRS CLEAN BUILDING MAINT&REPAIR SER 001-6050-522.41-50 395.00 QUILL CORPORATION JANITORIAL SUPPLIES 001-6050-522.31-20 20.65 SEARS COMMERCIAL ONE VACUUM 001-6050-522.31-20 260.15 Fire Department Facilities Maintenance Division Total: $675.80 GLOBALSTAR USA 11-16 aic 1.50018853 001-6060-525.42-10 36.44 QWEST 11-23 a/c 206T302306084B 001-6060-525.42-10 31.46 Fire Department Emergency Management Division Total: $67.90 Fire Department Department Total: $8,247.52 AMERICAN PUBLIC WORKS ASSN APWA RENEWALS-NAT'L/STATE 001-7010-532.49-01 861.00 DIETERICH POST CO SUPPLIES 001-7010-532.31-01 K 16~.Q1 Page 4 .,_. F T ,,` Date: 12/10/2008 City of Port Angeles ~~! City Council Expenditure Report -..~. • From: 11/22/2008 To: 12/5/2008 Vendor Description Account Number Invoice Amount DIETERICH POST CO SUPPLIES 001-7010-532.48-10 500.00 DIGITAL IMAGING SOLUTIONS INC COPIES THRU 113008 001-7010-532.45-31 528.31 GREAT AMERICA LEASING CORP COPIER LEASE 001-7010-532.45-31 65.02 PACIFIC OFFICE FURNITURE CENTER DRAWER 001-7010-532.31-01 47.70 QWEST 11-23 a/c 20673023060846 001-7010-532.42-10 62.91 UTILITIES UNDERGROUND LOC CTR OCTOBER LOCATES 001-7010-532.41-50 30.00 VERIZON WIRELESS 11-22 a/c 571136182-00001 001-7010-532.42-10 96.69 WESTON SOLUTIONS, INC SUPPLIES 001-7010-532.43-10 1,800.00 SUPPLIES 001-7010-532.43-10 1,630.00 Public Works-Gen Fnd Pub Wks Administration Division Total: $5,787.64 Public Works-Gen Fnd Department Total: $5,787.64 ASM SIGNS MISCELLANEOUS SERVICES 001-8010-574.41-50 638.89 OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 001-8010-574.31-01 169.71 QWEST 11-23 a/c 206T302306084B 001-8010-574.42-10 8.58 Parks & Recreation Parks Administration Division Total: $817.18 DIGITAL IMAGING SOLUTIONS INC COPIES THRU 113008 001-8012-555.45-31 69.77 GREAT AMERICA LEASING CORP NOV COPIER LEASE 001-8012-555.45-31 171.55 MITY-CITE INC MITY CITE TABLES 001-8012-555.31-01 1,966.92 OLYMPIC STATIONERS INC OFFICE SUPPLIES 001-8012-555.31-01 140.90 . QWEST 11-20 a/c 20672172274656 001-8012-555.42-10 57.46 11-23 a/c 20673023060846 001-8012-555.42-10 2.86 Parks & Recreation Senior Center Division Total: $2,409.46 PACIFIC OFFICE EQUIPMENT INC PRINTING,SILK SCR,TYPSET 001-8020-576.45-31 43.69 PENINSULA DAILY NEWS LEGAL ADS 001-8020-576.44-10 35.30 QWEST 11-23 a/c 20673023060846 001-8020-576.42-10 2.86 Parks & Recreation William Shore Pool Division Total: $81.85 DEX MEDIA WEST COMMUNICATIONS/MEDIA SERV 001-8050-536.44-10 142.12 Nancy & Michael Henry PRE-NEED 4 URNS REFUND OV 001-8050-343.60-15 200.00 QWEST 11-23 a/c 206T302306084B 001-8050-536.42-10 2.86 SHOTWELL CORP, JONATHAN SEED,SOD,SOIL&INOCULANT 001-8050-536.31-20 210.19 ROAD/HWY MAT NONASPHALTIC 001-8050-536.31-20 435.55 SUNSET DO-IT BEST HARDWARE RENTAL/LEASE EQUIPMENT 001-8050-536.45-30 14.09 Parks & Recreation Ocean View Cemetery Division Total: $1,004.81 AMSAN OLYMPIC SUPPLY JANITORIAL SUPPLIES 001-8080-576.31-01 380,10 ANGELES MILLWORK & LUMBER CO ROAD/HWY MAT NONASPHALTIC 001-8080-576.31-20 26,56 BUILDER'S SUPPLIES 001-8080-576.31-20 36.95 ESCI Training 001-8080-576.43-10 160.00 GRAINGER SUPPLIES 001-8080-576.31-01 37.76 OLYMPIC STATIONERS INC SUPPLIES 001-8080-576.31-01 75.80 PACIFIC OFFICE EQUIPMENT INC SUPPLIES 001-8080-576.31-01 21.63 QWEST 11-23 a/c 206T302306084B 001-8080-576.42-10 11.44 SANDERSON SAFETY SUPPLY CO FIRST AID & SAFETY EQUIP. 001-8080-576.31-01 85.05 K-15 Page 5 - - - Date: 12/10/2008 ' City of Port Angeles -_~ City Council Expenditure Report ~:~ ~ ~~ ~. -- From: 11/22/2008 To: 12/5/2008 Vendor Description Account Number Invoice Amount SANDERSON SAFETY SUPPLY CO FIRST AID & SAFETY EQUIP. 001-8080-576.31-01 226.01 FIRST AID & SAFETY EQUIP. 001-8080-576.31-01 51.14 SUNSET DO-IT BEST HARDWARE BELTS AND BELTING 001-8080-576.31-01 19.49 RENTAL/LEASE EQUIPMENT 001-8080-576.45-30 21.14 SWAIN'S GENERAL STORE INC HAND TOOLS ,POW&NON POWER001-8080-576.31-20 7.71 FURNITURE, OFFICE 001-8080-576.31-20 19.69 AMUSEMENT,DECORATIONS,ENT 001-8080-576.31-20 184.53 VERIZON WIRELESS 11-22 a/c 571136182-00003 001-8080-576.42-10 77.30 XEROX CORPORATION RENTAL/LEASE EQUIPMENT 001-8080-576.45-31 39.05 Parks & Recreation Park Facilities Division Total: $1,481.35 Parks & Recreation Department Total: $5,794.65 AMSAN OLYMPIC SUPPLY WATER&SEWER TREATING CHEM001-8120-576.31-05 61.20 NAPA AUTO PARTS PAINTS,COATINGS,WALLPAPER 001-8120-576.31-20 15.80 SWAIN'S GENERAL STORE INC ACOUST TILE, INSULAT MAT 001-8120-576.31-20 13.39 THURMAN SUPPLY PIPE FITTINGS 001-8120-576.31-20 37.90 Facilities Maintanance Pool Facilities Division Total: $128.29 OWEST 11-23 a/c 20673023060846 001-8130-518.42-10 2.86 Facilities Maintanance Custodial/Janitorial Svcs Division Total: $2.86 FEI EVERETT3023(FAMILIAN) SUPPLIES 001-8131-518.31-20 18.83 GRAINGER BUILDING MAINT&REPAIR SER 001-8131-518.31-20 228.61 HARTNAGEL BUILDING SUPPLY INC ELECTRICAL EQUIP & SUPPLY 001-8131-518.31-20 5.43 LUMBER& RELATED PRODUCTS 001-8131-518.31-20 8.54 HARDWARE,AND ALLIED ITEMS 001-8131-518.31-20 12.46 ORKIN EXTERMINATING COMPANY INC POISONS:AGRICUL & INDUSTR 001-8131-518.48-10 66.50 QWEST 11-2 a/c 3604175328784B 001-8131-518.42-10 39.57 11-16 a!c 206T355724768B 001-8131-518.42-10 57.46 11-20 a/c 20678139536236 001-8131-518.42-10 53.45 11-23 a/c 20673023060848 001-8131-518.42-10 2.86 SUNSET DO-IT BEST HARDWARE AIR CONDITIONING & HEATNG 001-$131-518.31-20 24.36 MARKERS, PLAQUES,SIGNS 001-8131-518.31-20 40.76 HAND TOOLS ,POW&NON POWER001-8131-518.31-20 27.89 SWAIN'S GENERAL STORE INC PLUMBING EQUIP FIXT,SUPP 001-8131-518.31-20 8.28 THURMAN SUPPLY HARDWARE,AND ALLIED ITEMS 001-8131-518.31-20 18.20 Facilities Maintanance Central Svcs Facilities Division Total: $613.20 Facilities Maintanance Department Total: $744.35 General Fund Fund Total: $63,932.49 PORT ANGELES CHAMBER OF COMM DUES THRU 123109 101-1430-557.50-83 702.00 08 MKTG & MEDIA CAMPAIGN 101-1430-557.50-83 19,910.89 Convention Center Convention Center Division Total: $20,612.89 Convention Center Department Total: $20,612.89 Lodging Excise Tax Fund Fund Total: $20,612.89 ANGELES CONCRETE PRODUCTS ROAD/HWY MAT NONASPHALTIC 102-7230-542.31-20 182.25 K- 16 Page 6 • ., ~~~,;: -~;"- -.:~ ;;~P.,a~ ~, ~`~ ~' .;.-_. ~ ~`` City of Port Angeles City Council Expenditure Report From: 11/22/2008 To: 12/5/2008 Date: 12/10/2008 Vendor Description Account Number Invoice Amount ANGELES MILLWORK & LUMBER CO RAGS,SHOP TOWELS,WIPING 102-7230-542.31-01 12.41 ROAD/HWY MAT NONASPHALTIC 102-7230-542.31-20 15.93 BAXTER AUTO PARTS #15 CONTRL,INDICA,RECORD INST 102-7230-542.35-01 97.54 ESCI Training 102-7230-542.43-10 160.00 GRAINGER SUPPLIES 102-7230-542.31-01 37.76 HARTNAGEL BUILDING SUPPLY INC CHEMICAL, COMMERCIAL,BULK 102-7230-542.31-20 12.54 FLOOR COVERING, INSTALLED 102-7230-542.31-20 18.81 LAKESIDE INDUSTRIES INC ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 794.63 MANTEK SUPPLIES 102-7230-542.31-20 333.07 MORNINGSIDE BUILDING MAINT&REPAIR SER 102-7230-542.41-50 161.55 OLYMPIC STATIONERS INC SUPPLIES 102-7230-542.31-01 101.81 SUPPLIES 102-7230-542.31-01 11.65 PARKER PAINT MFG CO INC PAINTS,COATINGS,WALLPAPER 102-7230-542.31-20 81.00 PUD #1 OF CLALLAM COUNTY Lauridsen Blvd & L St 102-7230-542.47-10 12.32 OWEST 11-23 a/c 206T302306084B 102-7230-542.42-10 11.44 SUNSET DO-IT BEST HARDWARE MARKERS, PLAQUES,SIGNS 102-7230-542.31-20 101.90 THURMAN SUPPLY SUPPLIES 102-7230-542.31-20 7.74 HAND TOOLS ,POW&NON POWER 102-7230-542.35-01 9.15 TRAFFIC SAFETY SUPPLY CO MARKERS, PLAQUES,SIGNS 102-7230-542.31-25 240.37 VERIZON WIRELESS 11-22 a/c 571136182-00003 102-7230-542.42-10 64.58 wsu-cDPE EDUCATIONAL SERVICES 102-7230-542.43-10 354.00 EDUCATIONAL SERVICES 102-7230-542.43-10 354.00 XEROX CORPORATION RENTAL/LEASE EQUIPMENT 102-7230-542.45-31 39.05 Public Works-Street Street Division Total: $3,215.50 Public Works-Street Department Total: $3,215.50 Street Fund Fund Total: $3,215.50 CASCADIA LAW GROUP CONSULTING SERVICES 103-1511-558.41-50 461.68 MISC PROFESSIONAL SERVICE 103-1511-558.41-50 4,400.00 FOSTER PEPPER PLLC MISC PROFESSIONAL SERVICE 103-1511-558.41-50 770.00 PORT ANGELES CITY TREASURER PABA/Chamber Lunch-West 103-1511-558.31-01 2.00 VERIZON WIRELESS 11-15 a/c 264230412-00003 103-1511-558.42-10 34.34 Economic Development Economic Development Division Total: $5,668.02 OWEST 11-23 a/c 206T302306084B 103-1512-558.42-10 2.86 VERIZON WIRELESS 11-15 a/c 264230412-00003 103-1512-558.42-10 34.34 Economic Development Archaeologist Division Total: $37.20 Economic Development Department Total: $5,705.22 Economic Development Fund Total: $5,705.22 AHRENS, KENNETH E Rental Fees 107-5160-528.45-30 700.00 APCO INTERNATIONAL 09 RENEW RB,KH,TV,VG,MS 107-5160-528.49-01 345.00 CAPTAIN T's CLOTHING & APPAREL 107-5160-528.20-80 79.20. . GLOBALSTAR USA 11-16 a/c 1.50018859 107-5160-528.42-10 36.45 OLYMPIC STATIONERS INC COPY PAPER 107-5160-528.31-01 105.58 K- 17 Page 7 ~''-~~'PT "'. Date: 12/10/2008 ;,~~~~y~', City of Port Angeles - - ; City Council Expenditure Report .~,-~ -~, `°~ ~~:; ' ~~ ~ ,4'~. From: 11/22/2008 To: 12/5/2008 Vendor Description PACIFIC OFFICE EQUIPMENT INC OFFICE MACHINES & ACCESS OFFICE MACHINES & ACCESS PUGET SOUND POLYGRAPH EXAMIN ER~TESTING&CALIBRATION SERVI QUILL CORPORATION OFFICE SUPPLIES, GENERAL QWEST 11-23 a/c 206T302306084B VERIZON WIRELESS 11-15 a/c 864212186-00002 Pencom Pencom Pencom CLALLAM CNTY HOUSING AUTHORITY PA Housing Rehabilitation CAPTAIN T'S QWEST Recreation Activities QWEST Recreation Activities PORT ANGELES CITY TREASURER QWEST Recreation Activities BILL'S PLUMBING ~ HEATING INC MATTHEWS BRONZE PA Pencom Fund CONSULTING SERVICES Housing Authority PA Housing Rehabilitation PA Housing Rehab Proj CLOTHING & APPAREL 11-23 a/c 206T302306084B Sports Programs 11-23 a/c 206T302306084B Special Events After School Supplies-BR 11-23 a/c 206T302306084B Youth/Family Programs Recreation Activities Recreational Activities SANIKAN RAYONIER MILL SIT WFT BRONZE PLAQUE VOSS FA Waterfront Trail BANK OF NEW YORK Debt Service PORUTGOREF01 2001 GO Bond-Refunding Debt Service Account Number 107-5160-528.31-01 107-5160-528.48-10 107-5160-528.41-50 107-5160-528.31-01 107-5160-528.42-10 107-5160-528.42-10 Division Total: Department Total: Fund Total: 172-2359-559.41-50 - Division Total: Department Total: Fund Total: 174-8221-574.31-01 174-8221-574.42-10 Division Total: 174-8222-574.42-10 Division Total: 174-8224-574.31-01 174-8224-574.42-10 Division Total: Department Total: Fund Total: 186-0000-239.91-00 186-0000-239.91-00 Division Total: Department Total: Fund Total: 211-2419-591.41-50 Division Total: Department Total: Invoice Amount 92.68 242.76 225.00 17.35 62.91 112.94 $2,019.87 $2,019.87 $2,019.87 69,337.85 $69,337.85 $69,337.85 $69,337.85 132.29 2.86 $135.15 2.86 $2.86 55.39 2.86 $58.25 $196.26 $196.26 85.00 114.11 $199.11 $199.11 $199.11 303.50 $303.50 $303.50 • 2001 GO Refunding Bonds Fund Total: $303.50 NORTHWESTERN TERRITORIES INC ENGINGEERING SERVICES 314-3920-518.41-50 332.50 Capital Projects-Attny Property Management Division Total: $332.50 Capital Projects-Attny Department Total: $332.50 Property Management Fund Fund Total: $332.50 PARSONS RCI, INC PW CONSTRUCTION & RELATED 328-7950-595.65-10 473,589.80 Capital Projects-Pub Wks 8th St Bridge Reconst Division Total: $473,589.80 Capital Projects-Pub Wks Department Total: $473,589.80 8th St Bridge Reconstr Fund Total: $473,589.80 BPA-POWER WIRES October Power Wire-EFT 401-0000-213.10-00 1,498,022.00 K- 18 Page 8 • --- Date: 12/10/2008 -,-~:y~~,.f~', City of Port Angeles -- - ! City Council Expenditure Report ::ter=~ ' ~ ~~~=r-^~"' From: 11/22/2008 To: 12/5/2008 Vendor Description Account Number Invoice Amount BPA-POWER WIRES October Power Wire-EFT 401-0000-213.10-00 231,377.00 GENERAL PACIFIC INC ELECTRICAL EQUIP & SUPPLY 401-0000-141.40-00 2,616.76 HUGHES UTILITIES LTD ELECTRICAL EQUIP & SUPPLY 401-0000-141.40-00 1,473.81 BERKEBILE, NICHOLAS J DEPOSIT REFUND 401-0000-122.10-99 250.00 MAZOLA, ALBERT M UB CR REFUND-FINALS 401-0000-122.10-99 310.14 RATHBONE, sHARLA R UB CR REFUND-FINALS 401-0000-122.10-99 49.47 RUMPLE, SANDRA S DEPOSIT REFUND 401-0000-122.10-99 125.00 YOUNG, FLOYD UB CR REFUND-FINALS 401-0000-122.10-99 17.86 PACIFIC METERING INC ELECTRICAL EQUIP & SUPPLY 401-0000-237.00-00 -11.26 Division Total: $1,734,230.78 Department Total: $1,734,230.78 Terry Dahlquist ELECTRICAL ENG TOOLS 401-7111-533.31-01 576.51 TRAINING REGISTRATION 401-7111-533.43-10 240.00 Public Works-Electric Engineering-Electric Division Total: $816.51 PUD #1 OF CLALLAM COUNTY Critchfield Rd PUD Feed 401-7120-533.33-30 167.17 Public Works-Electric Power Systems Division Total: $167.17 AMSAN OLYMPIC SUPPLY PAPER & PLASTIC-DISPOSABL 401-7180-533.31-01 153.86 ANGELES MILLWORK &LUMBER CO LUMBER& RELATED PRODUCTS 401-7180-533.31-20 34.44 ASPLUNDH TREE EXPERT CO BANK OF NEW YORK ROADSIDE,GRNDS,REC, PARK PORANGREF05 401-7180-533.48-10 401-7180-533.41-50 21,543.20 303.50 BLAKE SAND & GRAVEL INC BUILDER'S SUPPLIES 401-7180-533.31-20 7.59 DIGITAL IMAGING SOLUTIONS INC COPIES THRU 113008 401-7180-533.45-31 14.25 Escl EDUCATIONAL SERVICES 401-7180-533.41-50 1,672.00 FASTENAL INDUSTRIAL FASTENERS, FASTENING DEVS 401-7180-533.34-02 44.16 GENERAL PACIFIC INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 308.38 GREAT AMERICA LEASING CORP Copier Lease-Light Ops 401-7180-533.45-30 42.43 NOV COPIER LEASE 401-7180-533.45-31 186.66 HARTNAGEL BUILDING SUPPLY INC LUMBER& RELATED PRODUCTS 401-7180-533.31-20 79.93 LUMBER& RELATED PRODUCTS 401-7180-533.34-02 27.02 LINCOLN INDUSTRIAL CoRP RENTAL/LEASE EQUIPMENT 401-7180-533.34-02 417.34 MORNINGSIDE BUILDING MAINT&REPAIR SER 401-7180-533.41-50 242.30 NORTH COAST ELECTRIC COMPANY ELECTRICAL CABLES & WIRES 401-7180-533.34-02 511.90 OLYMPIC LAUNDRY & DRY CLEANERS LAUNDRY/DRY CLEANING SERV 401-7180-533.31-01 61.59 LAUNDRY/DRY CLEANING SERV 401-7180-533.49-90 61.59 PACIFIC METERING INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 145.29 PARSINEN LANDSCAPE MAINT INC Landscape Maintenance 401-7180-533.48-10 2,098.62 PENINSULA DAILY NEWS WAREHOUSE-STOREKEEPER AD 401-7180-533.44-10 130.25 LEGAL ADS 401-7180-533.44-10 54.66 PORT ANGELES CITY LIGHT Ice-Rowley 401-7180-533.31-01 3.00 PORT ANGELES POWER EQUIPMENT Ferry Tickets/Gloves/CDL 401-7180-533.43-10 HAND TOOLS ,POW&NON POWER401-7180-533.48-10 83.35 21.38 HAND TOOLS ,POW&NON POWER401-7180-533.48-10 134.68 K- 19 Page 9 f ~ ~~^4:F 7.+~wy~ .~ -~~;. Date: 12/10/2008 ,=~-~~~ ~:, City of Port Angeles • ~ City Council Expenditure Report `~~ ~ ,`. ' °•*~ From: 11/22/2008 To: 12/5/2008 O Vendor Description Account Number Invoice Amount PORT ANGELES POWER EQUIPMENT HAND TOOLS ,POW&NON POWER401-7180-533.48-10 260.11 PORT OF PORT ANGELES Lease Fees 401-7180-533.45-30 4,100.00 PUD #1 OF CLALLAM COUNTY LUMBER& RELATED PRODUCTS 401-7180-533.34-02 263.62 MISC PROFESSIONAL SERVICE 401-7180-533.41-50 79.79 RENTAL/LEASE EQUIPMENT 401-7180-533.45-30 86.72 PUGET SAFETY EQUIPMENT INC CLOTHING & APPAREL 401-7180-533.31-01 682.97 QWEST 11-16 a/c 20673238799966 401-7180-533.42-10 54.54 11-16 a/c 2067238819986 401-7180-533.42-10 54.54 11-16 a/c 206T322760994B 401-7180-533.42-10 54.54 11-16 a/c 20673261570006 401-7180-533.42-10 54.54 11-23 a/c 20673023060846 401-7180-533.42-10 25.74 ROHLINGER ENTERPRISES INC TESTING&CALIBRATION SERVI 401-7180-533.48-10 105.15 TESTING&CALIBRATION SERVI 401-7180-533.48-10 417.69 SUNSET DO-IT BEST HARDWARE FASTENERS, FASTENING DEVS 401-7180-533.34-02 10.10 ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 23.73 ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 23.60 ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 27.78 THURMAN SUPPLY ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 4.34 VERIZON WIRELESS 11-22 a/c 571136182-00002 401-7180-533.42-10 137.60 ZEE MEDICAL SERVICE CO FIRST AID & SAFETY EQUIP. 401-7180-533.31-01 57.38 Public Works-Electric Electric Operations Division Total: $34,907.85 Public Works-Electric Department Total: $35,891.53 Electric Utility Fund Fund Total: $1,770,122.31 AWWA PACIFIC NORTHWEST SECTION HUMAN SERVICES 402-7380-534.43-10 135.00 BANK OF NEW YORK PORANGWAT98 402-7380-534.41-50 60.70 DAILY JOURNAL OF COMMERCE COMMUNICATIONS/MEDIA SERV 402-7380-534.44-10 83.85 EDGE ANALYTICAL TESTING&CALIBRATION SERVI 402-7380-534.41-50 54.00 TESTING&CALIBRATION SERVI 402-7380-534.41-50 300.00 ESCI Training 402-7380-534.43-10 160.00 GRAINGER SUPPLIES 402-7380-534.31-01 37.76 GREEN RIVER COMMUNITY COLLEGE MEMBERSHIPS 402-7380-534.43-10 42.00 MEMBERSHIPS 402-7380-534.43-10 42.00 ITRON, INC WATER SEWAGE TREATMENT EQ402-7380-534.35-01 3,260.68 LAB/COR, INC TESTING&CALIBRATION SERVI 402-7380-534.41-50 385.00 TESTING&CALIBRATION SERVI 402-7380-534.41-50 350.00 PUD #1 OF CLALLAM COUNTY Crown Z Water Rd 402-7380-534.47-10 19.66 QWEST 11-23 206T411255315B 402-7380-534.42-10 64.28 11-23 a/c 20673023060846 402-7380-534.42-10 14.30 SUNSET DO-IT BEST HARDWARE SUPPLIES 402-7380-534.31-20 11.09 TWISS ANALYTICAL LABORATORIES TESTING&CALIBRATION SERVI 402-7380-534.41-50 22.00 TESTING&CALIBRATION SERVI 402-7380-534.41-50 165.00 TESTING&CALIBRATION SERVI 402-7380-534.41-50 165.00 K-20 • .~ Page 10 ~~ + Date: 12/10/2008 .. 3', City of Port Angeles City Council Expenditure Report • From: 11/22/2008 To; 12/5/2008 Vendor Description Account Number Invoice Amount UTILITIES UNDERGROUND LOC CTR OCTOBER LOCATES 402-7380-534.48-10 15.00 XEROX CORPORATION RENTAL/LEASE EQUIPMENT 402-7380-534.45-31 39.05 Public Works-Water Water Division Total; $5,426.37 Public Works-Wafer Department Total; $5,426.37 Water Fund Fund Total: $5,426.37 NCL NORTH CENTRAL LABORATORIES LAB &FIELD EQUIP,BIO,BOT 403-0000-237.00-00 -18.01 SOUTHLAND ELECTRICAL SUPPLY, INC EQUIP MAINT & REPAIR SERV 403-0000-237.00-00 -25.47 USA BLUEBOOK LAB &FIELD EQUIP,BIO,BOT 403-0000-237.00-00 -12.55 LAB &FIELD EQUIP,BIO,BOT 403-0000-237.00-00 -3.81 Division Total: -$59.84 Department Total: -$59.84 ADS EQUIPMENT INC PLASTICS 403-7480-535.48-10 5,386.40 AMSAN OLYMPIC SUPPLY JANITORIAL SUPPLIES 403-7480-535.31-01 269.16 SUPPLIES 403-7480-535.31-01 586.65 ANALYTICAL RESOURCES INC MISC PROFESSIONAL SERVICE 403-7480-535.41-50 4,408.00 BANK OF NEW YORK PORANGWAT98 403-7480-535.41-50 242.80 BAXTER AUTO PARTS #15 SUPPLIES 403-7480-535.31-20 3.64 BELTS AND BELTING 403-7480-535.35-01 46.94 BRANOM INSTRUMENT COMPANY RADIO COM & TELE TEST EQP 403-7480-535.41-50 2,356.51 CED/CONSOLIDATED ELEC DIST INC SUPPLIES 403-7480-535.31-20 2.92 CHEMSEARCH WATER&SEWER TREATING CHEM403-7480-535.31-20 861.38 CORRECT EQUIPMENT AUTO & TRUCK MAINT. ITEMS 403-7480-535.35-01 340.25 DIGITAL IMAGING SOLUTIONS INC COPIES THRU 113008 403-7480-535.31-01 19.43 ESCI Training 403-7480-535.43-10 160.00 FASTENAL INDUSTRIAL PW CONSTRUCTION & RELATED 403-7480-535.35-01 43.56 HACH COMPANY LAB &FIELD EQUIP,BIO,BOT 403-7480-535.31-01 54.55 HARTNAGEL BUILDING SUPPLY INC BUILDER'S SUPPLIES 403-7480-535.31-20 15.93 PW CONSTRUCTION & RELATED 403-7480-535.31-20 287.03 JCI-JONES CHEMICALS INC WATER&SEWER TREATING CHEM403-7480-535.31-05 6,281.22 KAMAN INDUSTRIAL TECHNOLOGIES ELECTRICAL EQUIP & SUPPLY 403-7480-535.35-01 716.68 Randy Raymond REIMBURSE STAFF FOR CDL R 403-7480-535.43-10 80.00 NCL NORTH CENTRAL LABORATORIES LAB &FIELD EQUIP,BIO,f30T 403-7480-535.31-01 232.32 OLYMPIC STATIONERS INC SUPPLIES 403-7480-535.31-01 42.71 SUPPLIES 403-7480-535.31-01 146.04 OFFICE MACHINES & ACCESS 403-7480-535.31-01 22.44 OFFICE SUPPLY,INKS,LEADS 403-7480-535.31-01 61.17 PARSINEN LANDSCAPE MAINT INC Landscape Maintenance 403-7480-535.48-10 767.41 PENINSULA DAILY NEWS LEGAL ADS 403-7480-535.44-10 39.25 PETTIT OIL COMPANY FUEL,OIL,GREASE, &LUBES 403-7480-535.31-20 163.43 • FUEL,OIL,GREASE, &LUBES 403-7480-535.32-11 1,820.07 POLLARD CO. INC, JOSEPH G PUBLICATION/AUDIOVISUAL 403-7480-535.49-01 156.34 PORT ANGELES CITY TREASURER Cleaning Supplies-Owens 403-7480-535.31-01 7.61 K-21 Page 11 .......LT ii. - Date: 12/10/2008 . City of Port Angeles -~.~_ . , City Council Expenditure Report ~_ - _, -~ - From: 11/22/2008 To: 121512008 Vendor Description Account Number Invoice Amount PORT ANGELES CITY TREASURER Postage-Young 403-7480-535.42-10 7.50 Postage-Young 403-7480-535.42-10 14.66 Safety Lunches-Young 403-7480-535.43-10 53.86 Safety Mtg-Young 403-7480-535.43-10 10.66 WW Coll Renewal-Young 403-7480-535.49-01 30.00 PUD #1 OF CLALLAM COUNTY N Brooke Ave 403-7480-535.47-10 290.88 Masters Rd 403-7480-535.47-10 335.06 PUGET SAFETY EQUIPMENT INC CLOTHING & APPAREL 403-7480-535.31-01 76.76 PUMPTECH INC HARDWARE,AND ALLIED ITEMS 403-7480-535.31-20 128.43 QWEST 11-16 a/c 20673295449121 B 403-7480-535.42-10 54.40 11-16 a/c 20673255850906 403-7480-535.42-10 54.40 11-8 a/c 36056503656966 403-7480-535.42-10 39.57 11-14 a/c 36045748592476 403-7480-535.42-10 79.04 11-23 a/c 20673023060846 403-7480-535.42-10 22.88 SAFETY & SUPPLY COMPANY FIRST AID & SAFETY EQUIP. 403-7480-535.31-01 95.49 SEARS COMMERCIAL ONE PLUMBING EQUIP FIXT,SUPP 403-7480-535.35-01 325.19 SOUTHLAND ELECTRICAL SUPPLY, INC EQUIP MAINT & REPAIR SERV 403-7480-535.31-20 328.60 SUNSET DO-IT BEST HARDWARE SUPPLIES 403-7480-535.31-20 4.40 SWAIN'S GENERAL STORE INC SUPPLIES 403-7480-535.31-01 23.67 SUPPLIES 403-7480-535.31-01 12.59 SUPPLIES 403-7480-535.31-01 58.74 CLOTHING & APPAREL 403-7480-535.31-01 31.30 CLEANING COMPOSITION/SOLV 403-7480-535.31-01 18.23 SUPPLIES 403-7480-535.31-20 11.53 THURMAN SUPPLY ELECTRICAL EQUIP & SUPPLY 403-7480-535.31-01 62.50 ELECTRICAL EQUIP & SUPPLY 403-7480-535.31-20 7.61 ELECTRICAL EQUIP & SUPPLY 403-7480-535.35-01 26.29 USA BLUEBOOK LAB &FIELD EQUIP,BIO,BOT 403-7480-535.31-01 49.14 LAB &FIELD EQUIP,BIO,BOT 403-7480-535.31-01 161.95 UT{LIT{ES UNDERGROUND LOC CTR OCTOBER LOCATES 403-7480-535.41-50 15.00 VERIZON WIRELESS 11-22 a/c 571136182-00004 403-7480-535.42-10 52.22 WA STATE DEPARTMENT OF ECOLOGY EMBOSSING/ENGRAVING 403-7480-535.49-01 210.00 XEROX CORPORATION RENTAL/LEASE EQUIPMENT 403-7480-535.45-31 39.05 Public Works-WW/Stormwtr Wastewater Division Total: $28,353.44 Public Works-WW/Stormwtr Department Total: $28,353.44 Wastewater Fund Fund Total: $28,293.60 GRAINGER SUPPLIES 404-7580-537.31-01 37.76 OLYMPIC STATIONERS INC SUPPLIES 404-7580-537.31-01 149.27 PENINSULA DAILY NEWS LEGAL ADS 404-7580-537.44-10 14.50 QWEST 11-23 a/c 20673023060848 404-7580-537.42-10 5.72 RADIO PACIFIC INC (KONP) COMMUNICATIONS/MEDIA SERV 404-7580-537.44-10 477.00 Public Works-Solid Waste Solid Waste-Collections Division Total: $684.25 K-22 Page 12 • y ,5._[7~~,y. >r~ Date: 12/10/2008 r-; ~ .~!, City of Port Angeles `~ City Council Expenditure Report ~~ " ~~° ~`' From: 11/22/2008 To: 12/5/2008 Vendor Description Account Number Invoice Amount Public Works-Solid Waste Department Total: $684.25 Solid Waste-Collections Fund Total: $684.25 CLALLAM CNTY DEPT OF HEALTH MISC PROFESSIONAL SERVICE 405-7538-537.49-90 5,950.00 CLALLAM CNTY ROAD DEPT BLDG CONSTRUC. SERVICES- 405-7538-537.49-90 3,512.13 BLDG CONSTRUC. SERVICES- 405-7538-537.49-90 2,401.13 Escl Training 405-7538-537.43-10 160.00 OLYMPIC STATIONERS INC SUPPLIES 405-7538-537.31-01 75.81 PACIFIC OFFICE EQUIPMENT INC SUPPLIES 405-7538-537.31-01 372.35 PENINSULA DAILY NEWS LEGAL ADS 405-7538-537.44-10 14.50 Recycling Adv 405-7538-537.44-10 667.28 PORT ANGELES CITY TREASURER Ferry/Parking-Freilich 405-7538-537.43-10 16.70 Safety Meeting-McCabe 405-7538-537.49-90 47.89 QWEST 11-23 a/c 206T302306084B 405-7538-537.42-10 11.44 SWAIN'S GENERAL STORE INC JANITORIAL SUPPLIES 405-7538-537.31-01 50.67 USDA APHIS MANAGEMENT SERVICES 405-7538-537.41-50 7,815.34 XEROX CORPORATION RENTAL/LEASE EQUIPMENT 405-7538-537.45-31 39.05 Public Works-Solid Waste SW -Transfer Station Division Total: $21,134.29 CLALLAM CNTY DEPT OF HEALTH MISC PROFESSIONAL SERVICE 405-7585-537.49-90 3,000.00 Public Works-Solid Waste Solid Waste-Landfill Division Total: $3,000.00 Public Works-Solid Waste Department Total: $24,134.29 Solid Waste-LF/Trf Stn Fund Total: $24,134.29 QWEST 11-23 a/c 20673023060846 406-7412-538.42-10 2.82 VERIZON WIRELESS 11-22 a/c 571136182-00001 406-7412-538.42-10 18.92 Public Works-WW/Stormwtr Stormwater Division Total: $21.74 Public Works-WW/Stormwtr Department Total: $21.74 Stormwater Fund Fund Total: $21.74 FIRST LINE LLC HOSP SURG ACCES &SUNDRIS 409-0000-237.00-00 -68.49 Division Total: -$68.49 Department Total: -$68.49 CLALLAM CNTY EMS Medic I Advisory 409-6025-526.41-50 600.00 FIRST LINE LLC HOSP SURG ACCES &SUNDRIS 409-6025-526.31-13 883.84 Daniel Montana REIMBURSE CLOTHING ALLOWA 409-6025-526.20-80 25.24 Jake Patterson REIMBURSE CLOTHING ALLOWA 409-6025-526.20-80 151.11 MOROZ, JAMES EDUCATIONAL SERVICES 409-6025-526.31-08 200.00 PENINSULA DAILY NEWS LEGAL ADS 409-6025-526.44-10 20.11 QWEST 11-23 a/c 20673023060846 409-6025-526.42-10 34.32 SWAIN'S GENERAL STORE INC AUTO & TRUCK MAINT. ITEMS 409-6025-526.31-01 25.59 SYSTEMS DESIGN NW INC FINANCIAL SERVICES 409-6025-526.41-50 3,168.10 VERIZON WIRELESS 11-15 a/c 264395724-00001 409-6025-526.42-10 44.48 Fire Department Medic I Division Total: $5,152.79 Fire Department Department Total: $5,152.79 K - 23 Page 13 tom- ~~ ~ ~ ;, Date: 12/10/2008 ~. _ City of Port Angeles ~, "~ - City Council Expenditure Report :~__ ^~A•~-` ` From: 11/22/2008 To: 12/5/2008 Vendor TAW CUSTOM EQUIPMENT Public Works-Electric Description Account Number Medic 1 Utility Fund Total EQUIP MAINT & REPAIR SERV Electric Projects Public Works-Electric Electric Utility CIP CASCADIA LAW GROUP FOSTER PEPPER PLLC Public Works-WW/Stormwtr BAXTER AUTO PARTS #15 NAPA AUTO PARTS PETTIT OIL COMPANY WASHINGTON FIRE & SAFETY EQUIP CSO ISSUES CSO ISSUES CSOISSUES Wastewater Projects Public Works-WW/Stormwtr Wastewater Utility CIP AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS Unleaded AUTO.& TRUCK ACCESSORIES ARAMARK BANK OF NEW YORK-DEBT SVC WIRE BAXTER AUTO PARTS #15 CHEVRON USA GRAINGER GROENEVELD USA INC H & R PARTS & EQUIPMENT INC KAMAN INDUSTRIAL TECHNOLOGIES MATCO TOOLS MORNINGSIDE NAPA AUTO PARTS PAPE' MATERIAL HANDLING LAUNDRY/DRY CLEANING SERV Debt Service Pmt-EFT Debt Service Pmt-EFT AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS GASOLINE PURCHASES GASOLINE PURCHASES SUPPLIES AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO SHOP EQUIPMENT & SUP BUILDING MAINT&REPAIR SER AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS 451-7188-594.65-10 Division Total: Department Total: Fund Total: 453-7488-594.41-50 453-7488-594.41-50 453-7488-594.41-50 Division Total: Department Total: Fund Total: 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.20-00 501-0000-141.40-00 Division Total: Department Total: 501-7630-548.49-90 501-7630-591.71-10 501-7630-592.81-10 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.32-10 501-7630-548.32-10 501-7630-548.35-01 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.35-01 501-7630-548.41-50 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 Invoice Amount $5,084.30 5,090.47 $5,090.47 $5,090.47 $5,090.47 1,000.00 100.00 495.00 $1,595.00 $1,595.00 $1,595.00 112.51 431.52 -428.26 10.58 6,177.85 371.81 $6,676.01 $6,676.01 29.12 13,981.32 307.17 82.64 3.56 9.18 11.17 -10.96 157.63 24.24 37.76 100.87 -143.09 508.06 78.55 261.65 15.12 111.84 12.47 -27.64 87.01 -55.31 X4,1 ~.7~8 Page 14 • ,_~r iu. " "" " - Date: 12/10/2008 r~~~5 ~ ~, City of Port Angeles '~. - City Council Expenditure Report _ ~! ~~y~~: '}}'~'R ' `t ~ From: 11/22/2008 To: 12/5/2008 Vendor PAPE' MATERIAL HANDLING PORT ANGELES CITY TREASURER PORT ANGELES FORD LINCOLN PORT ANGELES TIRE FACTORY QWEST RICHMOND 2-WAY RADIO SIX ROBBLEES' INC SUNSET DO-IT BEST HARDWARE VALLEY FREIGHTLINER INC XEROX CORPORATION Public Works-Equip Svcs VP CONSULTING INC Description AUTO & TRUCK MAINT. ITEMS Fuel Meter Truck-EQ4401 Safety Meeting-McBride AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO 8 TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS 11-23 a/c 206T302306084B EXTERNAL LABOR SERVICES AUTO & TRUCK MAINT. ITEMS EXTERNAL LABOR SERVICES AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS RENTAL/LEASE EQUIPMENT Equipment Services Public Works-Equip Svcs Equipment Services Fund Total: DATA PROC SERV &SOFTWARE 502-0000-237.00-00 Division Total: Department Total: Invoice Amount 171.82 5.00 45.26 -65.04 -191.19 9.64 509.19 72.06 310.63 291.14 11.44 372.90 521.13 116.51 15.64 785.64 39.08 $22,780.89 $22, 780.89 $29,456.90 -872.26 -$872.26 -$872.26 ANGELES COMMUNICATIONS INC LABOR FOR TECHNICIAN 502-2081-518.41-50 311.11 LABOR FOR TECHNICIAN 502-2081-518.41-50 88.89 INSIGHT PUBLIC SECTOR COMPUTER ACCESSORIES&SUP F502-2081-518.31-60 49.10 COMPUTER HARDWARE&PERIPHI502-2081-518.31-60 361.59 SOUND SYSTEMS & ACCESSORY 502-2081-518.31-60 109.23 Cables 502-2081-518.31-60 53.74 Speakers 502-2081-518.31-60 124.06 COMPUTER ACCESSORIES&SUP F502-2081-518.48-02 64.63 DATA PROC SERV &SOFTWARE 502-2081-518.48-02 136.44 DATA PROC SERV &SOFTWARE 502-2081-518.48-02 2,254.72 PACIFIC OFFICE EQUIPMENT INC TONER CARTRIDGE 502-2081-518.31-01 234.13 QWEST 11-23 a/c 20673023060846 502-2081-518.42-10 20.02 SUNGARD PUBLIC SECTOR QREP TRAINING AIR 502-2081-518.43-15 603.07 VP CONSULTING INC DATA PROC SERV &SOFTWARE 502-2081-518.48-02 11,256.26 Finance Department Information Technologies Division Total: $15,666.99 INSIGHT PUBLIC SECTOR ELECTRICAL EQUIP & SUPPLY 502-2082-594.65-10 837.91 Finance Department IT Capital Projects Division Total: $837.91 Finance Department Department Total: $16,504.90 Information Technology Fund Total: $15,632.64 K - 25 Account Number 501-7630-548.34-02 501-7630-548.32-10 501-7630-548.43-10 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.42-10 501-7630-548.48-10 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.45-31 Division Total: Department Total: Page 15 ~~ ~ ~ " Date: 12/10/2008 A-- ~,.~_ :;_~'; City of Port Angeles ~,~. - - City Council Expenditure Report ~~` `^ From: 11/22/2008 To: 12/5/2008 Vendor BALSER,FRED BISHOP, VIRGIL CAMPORINI, RICHARD CLELAND, MICHAEL A GLENN, LARRY GROOMS, MICHAEL JOHNSON, DONALD G JOHNSON, HARRY JORISSEN, ROBERT R LIND, DARWIN PETER LINDLEY, JAMES K LOUCKS,JASPER MIESEL JR, PHILIP C NW ADMIN TRANSFER ACCT THOMPSON,BRUCE WARD, DENNIS H Self Insurance Description Disability Board-November Medicare Reimb-November Disability Board-November Disability Board-November Medicare Reimb-November Medicare Reimb-November Medicare Reimb-November Medicare Reimb-November Disability Board-November Medicare Reimb-November Disability Board-November Medicare Reimb-November Disability Board-November Medicare Reimb-November Medicare Reimb-November Medicare Reimb-November Medicare Reimb-November Medicare Reimb-November Medicare Reimb-November MEDICAL REIMBURSEMENT MEDICAL REIMBURSEMENT MEDICAL REIMBURSEMENT SW/NON MED/DEN PREMIUMS RETIREE PREMIUMS Disability Board-November Medicare Reimb-November Disability Board-November Medicare Reimb-November Other Insurance Programs Self Insurance Account Number 503-1631-517.46-35 503-1631-517.46-35 503-1631-517.46-35 503-1631-517.46-35 503-1631-517.46-35 503-1631-517.46-35 503-1631-517.46-35 503-1631-517.46-35 503-1631-517.46-35 503-1631-517.46-35 503-1631-517.46-35 503-1631-517.46-35 503-1631-517.46-35 503-1631-517.46-35 503-1631-517.46-35 503-1631-517.46-35 503-1631-517.46-35 503-1631-517.46-35 503-1631-517.46-35 503-1631-517.46-30 503-1631-517.46-30 503-1631-517.46-30 503-1631-517.46-33 503-1631-517.46-34 503-1631-517.46-35 503-1631-517.46-35 503-1631-517.46-35 503-1631-517.46-35 Division Total: Department Total: Invoice Amount 771.27 96.40 139.92 16.28 212.10 96.40 96.40 96.40 540.94 96.40 787.03 96.40 199.91 96.40 96.40 96.40 96.40 192.80 92.40 146.44 81.86 200.00 49,775.94 11,244.75 425.00 84.40 46.21 96.40 $66, 017.65 $66,017.65 $66,017.65 209.09 96.40 96.40 68.00 96.40 86.40 $652.69 $652.69 Self-Insurance Fund Fund Total BRAUN, GARY CAMPBELL, MALCOLM D DOYLE, JERRY L RYAN, ED Fireman's Pension Disability Board-November Medicare Reimb-November Medicare Reimb-November Disability Board-November Medicare Reimb-November Medicare Reimb-November Fireman's Pension Fireman's Pension 602-6221-517.46-35 602-6221-517.46-35 602-6221-517.46-35 602-6221-517.46-35 602-6221-517.46-35 602-6221-517.46-35 Division Total: Department Total: C~ Firemen's Pension Fund Total: $652.69 PA DOWNTOWN ASSN NOVEMBER DECAL SALES 650-0000-231.91-00 226.00 NOVEMBER PBIA RECEIPTS 650-0000-231.92-00 1,254.49 K-26 Page 16 ..._FI ~~ °~ ° - - ° Date: 12/10/2008 ~r-?~~.,~ ;, City of Port Angeles - City Council Expenditure Report I'~~~----:3:;~ ® ~ ~-mot, From:11/22/2008 To: 12/5/2008 Vendor Description Account Number Invoice Amount PA DOWNTOWN ASSN NOVEMBER DUPAR RECEIPTS 650-0000-231.93-00 3,172.64 Division Total: $4,653.13 Department Total: $4,653.13 Off Street Parking Fund Fund Total: $4,653.13 PENINSULA DAILY NEWS Crab Festival/Viz Guide 652-8630-575.44-10 400.00 OWEST 11-23 a/c 206T302306084B 652-8630-575.42-10 5.72 11-23 a/c 20674185773318 652-8630-575.42-10 57.46 Esther Webster/Fine Arts Esther Webster/Fine Arts Division Total: $463.18 Esther Webster/Fine Arts Department Total: $463.18 Esther Webster Fund Fund Total: $463.18 AFSCME LOCAL 1619 P/R Deduction pe 11-30 920-0000-231.54-40 3,827.22 P/R Deduction pe 11-30 920-0000-231.54-40 255.00 ASSOCIATION OF WASHINGTON CITIES DEC SUPP LIFE PREMIUM 920-0000-231.53-30 568.30 FIREFIGHTER'S LOCAL 656 P/R Deduction pe 11-30 920-0000-231.54-30 1,701.00 IBEW LOCAL 997 P/R Deduction pe 11-30 920-0000-231.54-20 784.02 LEOFF P/R Deductions pe 11-16 920-0000-231.51-21 30,816.37 P/R Deduction pe 11-16 920-0000-231.51-21 97.96 OFFICE OF SUPPORT ENFORCEMENT P/R Deductions pe 11-16 920-0000-231.56-20 169.85 P/R Deductions pe 11-16 920-0000-231.56-20 1,381.32 OFFICE OF SUPPORT ENFORCEMENT-CE P/R Deductions pe 11-16 920-0000-231.56-20 16.15 PERS P/R Deductions pe 11-16 920-0000-231.51-10 2,744.43 P/R Deductions pe 11-16 920-0000-231.51-11 9,996.22 P/R Deductions pe 11-16 920-0000-231.51-12 41,764.54 P/R Deductions pe 11-16 920-0000-231.51-12 -0.03 POLICE ASSOCIATION P/R Deduction pe 11-30 920-0000-231.55-10 216.00 TEAMSTERS LOCAL 589 P/R Deduction pe 11-30 920-0000-231.54-10 2,853.00 UNITED WAY (PAYROLL) P/R Deduction pe 11-30 920-0000-231.56-10 281.50 WSCFF/EMPLOYEE BENEFIT TRUST P/R Deduction pe 11-30 920-0000-231.53-20 1,575.00 Division Total: $99,047.85 Department Total: $99,047.85 Payroll Clearing Fund Total: $99,047.85 Totals for check period From: 11/22/2008To: 12/5/2008 $2,695,821.36 • K-27 Page 17 To: City Council GELES From: Glenn A. Cutler, Director of Public Works & Utilities Subject: Green Motors Initiative Agreement Summary: The Bonneville Power Administration is proposing that the City join its Green Motors Initiative, whose purpose is to support an industry trade group of qualified motor service centers providing re-winds of energy efficient motors to maintain energy efficiency. Recommendation: 1) Authorize the City Manager to make minor modifications to the agreement, and 2) authorize the Public Works and Utilities Director to sign the Green Motors Initiative Agreement and any subsequent amendments to the Agreement. CC Background/Analysis: The Bonneville Power Administration (BPA) is proposing that the City join its Green Motors Initiative (GMI), whose purpose is to support an industry trade group of qualified motor service centers providing re-winds of energy efficient motors to maintain energy efficiency. There are a total of 13 qualified re-wind service centers currently operating in the State of Washington. The trade group, called the Green Motor Practice Group (GMPG), provides an incentive of $2.00 per horsepower (HP) to qualified service centers that re-wind energy efficient motors to their original nominal operating efficiency. Service centers will provide an instant rebate of at least $1.00 per HP on the customer's invoice. Qualified motors are 15-5000 HP NEMA Premium or equivalent. The Green Motors Initiative is a direct acquisition offering, which is a mechanism where the BPA, with the consent of a participating utility, contracts directly with a third party such as the GMPG to implement energy efficiency activities within a participating utility's service area. A utility participates by signing the consent agreement with the BPA. In 2001, the City participated in a similar program called the VendingMiser program. BPA will attribute all energy savings to the City, and a 75% conservation adjustment credit will count towards the City's upcoming High Water Mark. All incentives will be paid by the BPA and the City will not have to budget or spend any of its Conservation Rate Credit funds. On December 9, 2008, the Utility Advisory Committee supported the recommendations herein. It is recommended that Council 1) Authorize the City Manager to make minor modifications to the agreement, and 2) authorize the Public Works and Utilities Director to sign the Green Motors Initiative Agreement and any subsequent amendments to the Agreement. K - 28 N:\CCOUNCIL\FINAL\Green Motors Initiative Agreement.doc Date: December 16, 2008 `f WASHINGTON, U SA. \~~ ~ ! j -_. .. CITY COUNCIL MEMO DATE: DECEMBER 16, 2008 TO: CITY COUNCIL FROM: STEVE ROMBERG, COMMUNICATIONS MANAGER RE: PENCOM SERVICE AGREEMENT WITH THE CITY OF FORKS -REVISED AGREEMENT Summary: The original agreement that was signed on November 18, 2008 contained an inadvertent error. Recommendation: Approve the agreement and authorize the Mayor to sign the corrected agreement. Background/Analysis: On November 18, 2008 an agreement with the City of Forks to provide PenCom dispatch services was approved by Council and signed by Mayor Braun. An inadvertent error occurred when printing the document. The payment schedule contained in section 4 of the agreement is incorrect. The corrected agreement is attached. The City of Forks has confirmed that the corrected agreement is accurate and reflects the vote of the PenCom Advisory Board. • M608 K-29 PENINSULA COMMUNICATIONS (PENCOM) DISPATCH AND COMPUTER RECORDS SERVICE AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Port Angeles, (hereinafter referred to as the City), and City of Forks, (hereinafter referred to as ~Member~). WITNESSETH THAT: 1. The Agreement. The Parties hereto acknowledge the 2004 Peninsula Communications (PenCom) Dispatch and Computer Records Service Agreement,0 (hereinafter referred to as the Agreement), as the basis for this agreement and incorporate it herein by this reference. 2. Joining of Other Members. Pursuant to Section V. of the Agreement, the City of Forks wishes to join PenCom as a member. 3. Bound by Agreement. In consideration of the services to be provided and benefits received from PenCom, Member agrees to be fully bound by all terms and conditions of the Agreement, and to accept and fully perform all duties and obligations of a Member under the Agreement. 4. Finances. In accordance with Section VII. of the Agreement, Member promises to pay all charges when due. Member agrees to pay an annual fee as set out below. For the following periods City of Forks shall pay as follows: October 1, 2008 to December 31, 2008 -Remit all of 1/10 of 1% Tax Revenue to PenCom. (Beginning January 1, 2009, and continuing thereafter, County will deposit 1/10 of 1% Tax formerly remitted to Forks into the PenCom account.) January 1, 2009 to December 31, 2009 - $2,000 per officer. January 1, 2010 to December 31, 2010 - $2,000 per officer plus 33.3% of calls for service costs. January 1, 2011 to December 31, 2011 - $2,000 per officer plus 66.6% of calls for service costs. January 1, 2012 forward - $2,000 per officer plus 100% of call for service costs as set forth in the PenCom Funding Formula attached as Exhibit A of the Agreement. 5. Key Officials. Pursuant to Section XI. of the Agreement and Exhibit C, Member designates the following person as key official for the City of Forks: • -1- K - 30 • City of Forks Mike Powell, Chief of Police 500 East Division Street Forks, WA 98331 Phone: (360) 374-3226 Email: mpow.fpd@forkswashington.org 6. Duration. This Agreement shall be in effect the 1 st day of October, 2008 and shall be perpetual and continue year-to-year as defined in Section VI. of the Agreement: Duration, Termination and Remedies. CITY OF PORT ANGELES Dated this day of December, 2008 Gary Braun, Mayor • Attest: CITY OF FORKS Dated this day of December, 2008. Nedra Reed, Mayor Attest: Becky J. Upton, City Clerk Approved as to form: William E. Bloor, City Attorney Dan Leinan, City Clerk /Treasurer Approved as to form: Rod Fleck, City Attorney C:\Documents and Settings\sromberg\Local Settings\Temp\MXLibDir\Pencom.CityofForks.100708_l.wpd • -2- K-31 DATE: December 16, 2008 TO: CITY COUNCIL NGELES Fltolw: Nathan A. West Director of Community and Economic Development SUB.IECT: American Institute of Architects Grant Acceptance Summary: At a meeting held on August 19, 2008 City Council approved the submission for a competitive American Institute of Architects (AIA) Sustainable Design Assessment Team (SDAT) grant. The city has been contacted by the AIA that it will receive the SDAT grant and has received a Draft Memorandum of Understanding to be agreed upon by the City and AIA. Recommendation: 1.) Accept the grant as awarded; 2.) Authorize the City Manager to finalize and sign the Memorandum of Understanding. Background / Analysis: The Planning Division of the Community and Economic Development Department will receive a grant from the American Institute of Architects (AIA). The AIA will provide $15,000 in funding. The grant requires a $5,000 match of funding from the City to be allocated as a 2008 budget expenditure. The grant provides for a design team from the American Institute of Architects to assist the community in applying a coordinated design and function to the City's eastern gateway and central business district. Some of the goals incorporated in the grant will be: Creating a sense of community/place Allowing beautification while considering economic impact Strategies to encourage occupancy of vacant structures and lots Providing ideas for design improvement incentives Improved vehicle/pedestrian function Filling second floor and basement vacancies In order to move forward with the grant the city must sign a Memorandum of Understanding (MOU) with the AIA outlining the roles of the city, community and the steering committee formed in the original grant application. The Draft MOU is attached and will be finalized in coordination with the City Manager and City Attorney. Attachment A -Draft AIA Memorandum of Understanding K - 32 0. '- `!~.<CtI~.~4~` : ~ 1 s_ 3 ~. ~ 1A tµ~I .•i.f~~:~I:l I' ~i 2rA~t ~+, ;°~ a~~~ ~P ~~-. ., ~~ December 02, 2008 Nathan West City of Port Angeles, WA Director, Community and Economic Development 321 East 5th Street - P.O. Box 1150 Port Angeles, WA 98362 Re: The American Institute of Architects and the City of Port Angeles Sustainable Desi>?n Assessment Team Community Assistance Prolect Dear Mr. West: On behalf of The American Institute of Architects ("AIA"), I would like to reiterate how excited we are to be able to work with the City of Port Angeles ("City") in a Sustainable • Design Assessment Team ("SDAT") community assistance project. We anticipate a collaborative SDAT project that will bring together design and planning professionals assembled to help provide a roadmap for the City to improve its sustainability - as defined by its ability to meet the environmental, economic, and social equity needs of today without reducing the ability of future generations to meet their needs. With that in mind, I would like to take this occasion to suggest a framework that we might use as we work together in key areas in the future. We will look forward to addressing each of these areas with you as SDAT preparations move forward. 1. Mission Reflecting its overall mission, we anticipate that the SDAT process will: • Advance the principles of sustainability in the City; • Help the City understand the structure of the community at various scales and contexts, particularly in light of regional appropriateness; • Explore larger contexts and interactions of ecological, sociological, economic, and physical systems; • Visualize potential futures; • 1735 New York Avenue, NW K - 33 Washington, DC 20006-5292 Infonnation Central: 800-242-3837 Page 2 • Articulate the qualities of the community by preserving elements of the past, addressing present needs, and planning for the needs of future generations; and • Define the role of stakeholders and players in the public and private sectors. 2. The AIA's Role We anticipate that the AIA will cooperate with the City in doing the following: • Work with the City to achieve three visits, and undertake an intervening conference call approximately six months after the full team visit to discuss progress. The visits will consist of: o A preliminary scoping and research visit; o A three-day SDAT full team visit; and o A follow-up visit. • Provide interim advice/consultation on implementation of recommendations. • Select and secure commitment of an SDAT Team Leader. • Select and secure commitment of multidisciplinary SDAT members. • Act as the liaison with SDAT members. • Provide reasonable logistical support (i.e., for travel and lodging arrangements, facilities, supplies, accounting/invoicing, budget oversight, conference calls). • Produce a presentation on the SDAT's work. • Produce a final report, with lead responsibility for text and design, printing and distribution, and posting on the Web (if appropriate). • Provide media assistance (as appropriate). • Provide up to $15,000 in financial support (as described more fully below). K - 34 Page 3 The Citv's Role We anticipate that the City will cooperate with the AIA in the activities described above, and will also: • Cooperate with the AIA in developing an SDAT project budget. Form and coordinate a local Steering Committee and appropriate sub- committees, which will: o Engage local professionals and community leaders in the SDAT process; o Furnish appropriate background materials and information; o Provide appropriate outreach to the community and to local media; o Furnish guidance on lodging, facilities, and other logistical factors; and o Organize and conduct appropriate tours/flyovers. • Provide appropriate financial support (as described more fully below). 4. Financial Considerations We would like to propose the following financial arrangements for the SDAT project with the City: • The AIA and the City will cooperate in preparing a project budget. • The AIA and the City agree that the project budget shall not exceed $20,000. • The AIA will commit to funding of an amount not to exceed $15,000 in support of the project. • The City will commit an appropriate level of funding to cover all project expenses that are not to be paid by the AIA, including a $5000 cash payment (local match). • The AIA and the City will agree on appropriate financial management arrangements (e.g., for payment of invoices and bills submitted by third party vendors). A final settlement of accounts between the AIA and the City will take place within 90 days after the conclusion of the project, but no later than January 9, 2010. The AIA and • K-35 Page 4 the City will each keep accurate financial books and records relating to its project activities and expenditures, and, if requested, will make them available for inspection by the other party (at that party's expense). 5. Proiect Managers The AIA's primary liaison for the SDAT project will be Erin Simmons. We look forward to your designating a person who will serve as the City's primary liaison. 6. Miscellaneous Provisions Assuming that the activities and financial arrangements outlined above are acceptable to you, we suggest that the following miscellaneous provisions be put into place for the benefit of both the AIA and the City: • BindingAgreemenz The terms of this letter will become a binding agreement between the AIA and the City, effective on the date you sign it. It will supersede all prior discussions and agreements between us concerning the SDAT project, and will be modified (if at all) only in a written document signed by both the AIA and the City. • Indemnification. Each party will indemnify the other against any claims or losses to the degree they arise from that party's intentional or negligent actions or omissions. If both parties contribute to causing the claims or losses, the indemnification duties will be divided accordingly between them. • Insurance. Each party will obtain and maintain sufficient comprehensive general liability coverage for its activities under this agreement. The AIA has insurance coverage in the following amounts: ^ General aggregate limit: $2 million ^ Personal injury limit: $1 million ^ Each occurrence limit: $1 million ^ Medical payments: $10,000 The City is a member of a self insurance pool, through which the City has similar arrangements. • Force Majeure. Neither party will be responsible for any losses resulting if the fulfillment of any teens is delayed or prevented by civil disorders, wars, acts of K - 36 Page 5 • terrorism, strikes, acts of God, or by any other cause which is beyond the control of the party whose performance is hindered, and which that party could not have prevented through the exercise of reasonable diligence. In the event that any such occurrence may make it inadvisable, unsafe, illegal, or impossible to perform under this agreement, then either party may terminate the agreement without penalty, obligation or liability of any type by providing written notice to the other party. Such right of termination shall not be unreasonably exercised. • Publicity/Public Relations. The AIA and the City will coordinate closely on all project-related publicity and public relations materials prepared by either of them, and all those materials will be prepared and distributed in a manner agreed upon by both of them. If all the terms in this letter agreement are acceptable to the City, I ask that you sign and complete the signature block below, and return the letter to me. If there are items that require further discussion, however, I would be delighted to talk with you about them and resolve any differences that may remain at this point. I look forward to hearing from you • soon. Sincerely, Erin Simmons Director, Design Assistance The American Institute of Architects The agreement stated above is understood and accepted by The City of Port Angeles. By: Jerald Osterman Title: City Manager, Port Angeles, WA .7 K - 37 Page 6 Date: The agreement stated above is understood and accepted by the American Institute of Architects. By: Paul Mendelsohn Title: Vice President, AIA Government and Coimnunity Relations Date: K - 38 • • Date: December 16, 2008 To: City Council NGELES From: Glenn A. Cutler, Director of Public Works & Utilities Subject: CFL Markdown Promotion Agreement Amendment Summary: The City was offered an amendment to extend the term of the "Change a Light, Change the World" Compact Fluorescent Lamp (CFL) Markdown Promotion Agreement with Portland Energy Conservation, Inc. All City expenses under the Agreement are eligible for reimbursement under the Bonneville Power Administration's Conservation Rate Credit program. Recommendation: Authorize the Public Works and Utilities Director to sign the amendment and any subsequent amendments to the CFL Markdown Promotion A Background/Analysis: Since 2007, the City has participated in the "Change a Light, Change the World" Compact Fluorescent Lamp Markdown Promotion operated by Portland Energy Conservation, Inc. (PECI). City payments to PECI are used to markdown CFL prices at local retailers, which will ultimately reduce the cost of CFLs purchased by Port Angeles electric utility customers. City utility customers purchased an estimated 20,000 CFLs through the period ending September 30, 2008. PECI recently offered the City an amendment to the existing agreement to extend its term through September 30, 2009. The extended term is anticipated to result in additional City payment of up to $30,000 to PECI. All City expenses under the proposed amendment are eligible for reimbursement under the Bonneville Power Administration's Conservation Rate Credit program. On December 9, 2008, the Utility Advisory Committee supported the recommendations herein. It is recommended that Council authorize the Public Works and Utilities Director to sign the amendment and any subsequent amendments to the CFL Markdown Promotion Agreement. N:\CCOUNCIL\FINAL\CFL Markdown Promotion Agreement Amendment.doc K-39 DATE: December 16, 2008 TO: CITY COUNCIL NGELES FROM: BECKY J. LIPTON, CITY CLERK SUBJECT: APPOINTMENT OF TWO PUBLIC SAFETY ADVISORY BOARD MEMBERS Summary: There have been some remaining vacancies on the Public Safety Advisory Board, and the names of Buddy Bear and Nick Simpson are being forwarded to the City Council with a favorable recommendation for appointment. Recommendation: Appoint Buddy Bear and Nick Simpson to the membership of the Public Safety Advisory Board for the period, March 1, 2008 -February 29, 2012, and March 1, 2008 -February 28, 2009, respectively. Background / Analysis: When appointments were made to the reconstituted Public Safety Advisory Board, there were vacant positions remaining. Staff continued to seek applications for a vacant Port Angeles High School student position, as well as a position for a representative of the Port Angeles School District. Buddy Bear, representing the School District, and Nick Simpson, Port Angeles High School student, expressed interest in being appointed to the Advisory Board. Both applicants have attended recent meetings of the Public Safety Advisory Board. The Advisory Board is forwarding a favorable recommendation for appointment by the City Council. The members are confident that both individuals will be assets to the activities and deliberations of the Advisory Board. It is recommended that the City Council appoint Buddy Bear and Nick Simpson to the membership of the Public Safety Advisory Board for the period, March 1, 2008 -February 29, 2012, and March 1, 2008 -February 28, 2009, respectively. Copies of their applications are attached for your information. Attaclunents O • K-40 7 -~ P~RTANGELES 0~~~ W A S H I N G T O N. U. S. A. APPLICATION FOR APPOINTMENT TO BOARD, COMMISSION OR COMMITTEE Board, Commission or Committee to which you are seeking appointment: • • Name and General Information ~~ 3t 1 ~Y °~~ Home Street Address ~T ~~~ city cam- ~~~ _ ~ Home phone E-mail Date of Last ~1~" u S L `f"~'1, State o- ~- ISd= Work phone (,-E 1 ]~! ~~~ ~./ Certification and Location Information (circle one) Are you employed by the City of Port Angeles? Yes No Are you a citizen of the United States? Ye No ' Are you a City resident? Yes No If so, how long U~>~S Do you ownlmanage a business in the City? Yes Do you hold any professional licenses, registrations or certificates in any field? Yes No If so, please list: ~~~SF~ti/[r~ ~~~ T~{-~t nJ(r ~~ ~~C~T 1 ~~~ Zip Cell phone K-41 U~~~ ~tw oe compietea onry oy appucants for Yub6c Satety Advisory Board for purposes of criminal history check to ensure compliance with Port Angeles Municipal Code 2.26.020) Are you aware of any conflict of interest which might arise by your service on a City Board or Cornmission? If so, please explain: ~ 9_ Work Experience -List most recent experience first, or at ch a resume ~~ ~~-~~ Pug~~~ ~s~o~s -r~~ ~- Employer Title [ ~[~-ca-f d- ~;a~-ce-~ >hT ~ A~J~ ~rU;-1 Brief job description Employer Title ~'~~-t tAZ ~G~~ ~~~S7 ~ ~~~ Brief job description ~ ~~~t~fs 6~c T rm~ ~ g ~` ~ Employer Title ro (M/Y) To (M/Y) I -moo = ~ J DAD 2or.~ u.~H ~~ ~ ~ ~rief 'ob descri lion Education -List most recent experience first Si' ~ 6~ 1 '- ,~ Yes o InsUtution/L.orcation -rf, Degree earned/ ajor area of stud Grad I~l f/ tf llL•s1~ W"~~~ Yes No Institution/Location Degree eamed/Major area of study aduated? c,tl'' ~ c~lW 6 l~{, nJ ~ . ~ Ye ~ No [nstitut'on/Location ~~, Degree ea ed/Ma~or azea of study dusted? ~~~ (,(.M'~ ~ Charitable, Social and Civic Activities and Memberships -List major activities you have participated in • during the last five years <--- ~ NESS ~~~~ • Organization/Locatton Group's purpa;g/abjectiv~„ _ ~C~ # of members {~,. Brief description of your participation: ~A ~l•~t 1 (,~N~ ~~~( ~- ~'_" Organization/Location Group's purpose/objective # of members Brief description of your participation: 2 • i (M/Y) To(M/Y) ~ ~. ~~ r v From (M/Y) To ~~~~ C, K-42. w J • Questions Why are you interested in serving on this particulaz Board or Commission? [ v ~ ~~. 4~.SC~s ae'rs.-tom ~J `~.t ~ ~ ~~~ ~ cJ What in your backgro d or experience do you think would hel you in serving on this Bo ? W /~'( -mod ~OLs '. LfC Se~~oLS, What is your understanding of the responsibilities of this particular Board or Commission? Please feel free to add any additional continents you wish to make regarding your application. V Applicant Si a e Date Submit completed forms to: Christine Heberling, Assistant to the City Manager City of Port Angeles 321 E. 5`s Street ' PO Box 1150 Port Angeles, WA 98362 In compliance with the Americans with Disabilities Act, if you need special accommodations because of a physical limitation, please contact the City Manager's Office at 417.4500 so appropriate arrangements can be made. • 3 K-43 (' PORTANGELES WAS H I N G T O N, U. S. A. APPLICATION FOR APPOINTMENT TO BOARD, COMMISSION OR COMMITTEE Board, Commission or Committee to which you are seeking appointment: \=t ~- ~ ~ Applicant Name and General Information ~; ~;lnD log, _~~ Sa ; cY,~,sc~~~ First MI Last X02 ~ ~~ ~ ~ ~.c~ Home Street Address ~~ City State Zip. -.•~-. ., ~ome phone ^ Work phone Cell phone j( In r~ 0 1 n~ n ,: ... 1 ...~f , u_,.~n. i 4 a n A~ a o o e completed only by applicants for Public Safety Advisory Board for purposes of criminal history check to ensure compliance with Port Angeles Municipal Code 2.26.020) Certification and Location Information (circle one) ` r Are you employed by the City of Port Angeles? Yes P~¢ Are you-a citizen of the United States? - No Are you a City resident? - ~ I~ If so, how long /~~~ Do you own/manage a burliness in the City? Yes Do you hold any professional licenses, registrations or certificates in any field? Yes I~ If so, please list: 1 O • U K-44 Are you aware of any conflict of interest which might arise by your service on a City Board or Commission? If so, please • explain: Work Experience -List most recent experience first, or attach a resume S , ~.~ mployer le ,. • (M1Y) To Brief job des~tion ~ `~ I~t~" Sao-~DncA.t ~fr0 m (~G'!~L$o, wC~AI> ~~' I ~~ .~Li-6Y1~f~1~(f~(` ~3. +a Qreser~ Employer ~ Title From (,M/Y) To (M/1') ~• Brief job des 'on I c~2Gt~o~ z.o~ro Emp er • - Title From (M/Y) To (M/1~ Brief job d cri ion Education -List most recent experience first ((,, Yes No Institution/Location ''Degree earned/Major area of study Graduated? Yes No Institution/Location Degree earned/Major area of study Graduated? Charitable, Social and Civic Activities and Memberships -List major activities you have participated in during the last five years ~'1,2c1G(Xh S Organizatio canon Group's purpose o ~ective # of members Brief description of your participation: ~ •; p r Uh'('i C baa~ b,e.Y' o aoa ~ct ~ Organization/Location Group's p ose/objective # of members Brief description.of your participation: OYIG,~ l1 A ~U 1 i (~, • D ~X ,~~~ ~f ~~~ ^- -- -,. ~ - -- - - ~ .,..__ _ ~._ .._ n., ~.' q,~n G cIn o u~ bo cam. 2 K-45 Questions C~ 0 C,y, ~. in serving on this Board? What is your understanding of the responsibilities of this particular Board or Commission? ~ CLdm1~,G~Q.~Q, ,x.v,rxt~ ,ct; ,~.~ u~~ .r~,1~,'f hcsnrd ~f-o ~S.FQ~' U,Y) Cf ' (~~jCC~-[?gyp l~ ~4~~~-o~e.G~i~ti-~--~ ~(~nQ,' U Please feel free to add any additional comments you wish to make regarding your application. Submit completed forms to: Christine Heberling, Assistant to the City Manager City of Port Angeles 321 E. 5'° Street PO Box 1150 Port Angeles, WA 98362 In compliance with the Americans with Disabilities Act, if you need special accommodations because of a physical limitation, please contact the City Manager's Office at 417.4500 so appropriate arrangements can be made. K-46 Why are you interested in serving on this particular Board or Commission? C~1~r~t.~~~ c1 av~eJ • DATE: December 16, 2008 TO: CITY COUNCIL NGELES FROM: , Glenn A. Cutler, Director of Public Works & Utilities SUBJECT: Amendment No. 11 to the Krei Architectural, Engineering and Construction Review Services Agreement, Project 97-20 Summary: In Apri12007, Clallam Transit entered into a construction contract with Primo Construction for the Gateway Project. At the same tune, the City and Clallam Transit entered into a consultant agreement with Krei Architecture, architect of record, for construction support including review of submittals and contractor drawings Recommendation: Authorize the Mayor to sign Amendment No. 11 to the agreement with Krei Architecture, extending the terms of the agreement three months, to March 31, 2009. Background/Analysis: In April 2007, Clallam Transit entered into a construction contract with Primo Construction for the Gateway Project. At the same time, the City and Clallam Transit entered into a consultant agreement with Krei Architecture, architect of record, for construction support including review of submittals and contractor drawings. The construction contract has encountered some delays that may be due to a design issue. This requires some additional effort by the architect of record, Krei Architecture, necessitating an amendment to the consultant agreement. It is therefore recommended that City Council authorize the Mayor to sign Amendment No. 11 to the agreement with Krei Architecture, extending the terms of the agreement three months, with no additional cost to the City or Clallam Transit associated with the time extension. All other terms of the agreement remain unchanged. N:\CCOUNCIL\F[NAL\Krei Prof Services Agreement Amendment No. I l.doc K-47 • • • DEPARTMENT<'OF COMMUNITY ~ ECONOMIC DEVELOPMENT BUILDING DIVISION MONTHLY PERMIT REPORT NOVEMBER 2008 CATEGORY JAN. - FEB. MAR. APR. MAY JUNE JULY AUG. SEPT. OCT. NOV. 2008 YTD 2007 YTD RESIDENTIAL-NEW MODULAR/MANUFACT. Value 1 $52,500 1 $105,375 1 $5,000 3 $162,875 4 $367,660 SINGLE FAMILY ........................................................... Value ........................................... 1 ................................. $228,119 3 .................................. $597,246 4 .................................. $901,329 2 ............................... $242,852 ................................. 3 ................................. $460,583 1 ................................ $297,588 2 ................................ $343,024 ................................ ................................ 16 $3,070,741 70 $10,796,963 MULTI-FAMILY Value 1 $249, 518 1 $249,518 ACCESSORIES ........................V.., .................,.,........ a ue 2 ,..............,........................,.. $29,891 ................................. 4 ...............,................, $105,280 1 ......................,........... $28,800 1 .,.................,........... $20,160 1 ,................................ $18,720 3 ................................. $53,280 3 .............,.................. $78,910 3 ,............................... $78,831 1 ................................ $17,280 ................................ 19 $431,152 48 $774,821 COMMERCIAL-NEW RETAIL Value 4 $3,164,660 HOTEL/MOTEL Value OFFICE ........................................................... Value ........................................... ................................. ................................. .................................. 1 ............................... $478, 680 ................................. ................................. ................................ ................................ ................................ ................................ 1 $478,680 DRINKING/DINING Value 1 $10, 000 1 $10,000 1 $5,000 AUTO/SERVICE Value 1 $500,000 1 $500,000 1 $25,000 INDUSTRIAL ........................................................... Value ........................................... ................................. 1 ................................. $15,000 .................................. ............................... 1 ................................. $689,062 ................................. ................................ 1 ................................ $177,779 1 ................................ $1,286,928 1 ................................ $10,000 5 $2,178,769 PUBLIC -NEW SCHOOLS/HOSPS/GOVT Value 1 $1,800,000 1 $1,800,000 5 $12,940,762 CHURCHES Value ................................. ............................... ................................. ................................. ................................ ................................ RECREATION ........................................................... Value ........................................... ................................. . .............................. .................................. ............................... ................... REPAIR & ALT. RESIDENTIAL ............................................................ 20 ........................................... 29 ................................. 21 ...................... ............ 39 ..................... . .. . . . 37 . .... 31 30 52 57 31 20 367 447 Value $199,574 $216,049 . $189,129 . .. . .. . $297,667 . ......................... $213,697 ................................. $198,599 ................................. $331,487 ................................ $583,256 ................................ $382,164 ................................ $276,419 ................................ $187,615 $3,075,656 $3,428,359 COMMERCIAL ............................................................ 12 ............................................ 21 ................................. 11 ................................... 8 .................................. 11 ............................... 10 ................................. 6 ................................. 10 ................. . . . 20 9 9 127 144 Value $67.880 $1,348,115 $52,197 $185,552 $495,750 $364,988 $31,483 ...... ... . .. $88,420 ................................ $169,378 ................................ $128,105 ................................ $91,143 $3,023,011 $5,165,846 PUBLIC ........................... ......................... 4 ...................... . . 1 2 3 5 1 16 12 Value . .... .......... $574,650 ................................. ................................. .................................. $12,150 ............................... ................................. $157,000 ................................. $400,300 ................................ $328,117 ................................ $20,000 ................................ ................................ $1,492,217 $1,877,931 DEMOLITION /MOVE 3 1 3 4 4 3 1 19 36 Value $1,700 $1,000 $202,700 $31,100 $108,000 $22,000 $1 $366,501 $661,560 BUILDING TOTALS BLDG PERMITS ......................... ... .......,............ 41 ..,........................................ 54 ................................. 42 ..,...........,.................... 54 ...........................,...... 55 ......................,...,.... 45 ,............. ...,...........,.. 49 .....,... . . . 76 . ....,..............., 87 43 31 577 772 T VA ,.,....CONS.:.,.,.,LU,E .......... ............Ss73,69s............. ,.,,,$4,144,783,,,,,, ,..,,,$1,209,370,.,.,. ,,.$1,435,498,,,,.,. ,,,,$1,653,839,,,,, . .,.,$1,426,369 . .. ................. . $1,308,233 .. ........ $1,589,666 ................................ $1,193,176 ................................ $1,713,732 ................,.....,......... $288,759 $16,839,120 $39,208,562 BLDG PERMITS FEE $13,948 $43,439 $21,403 $21,418 $25,438 $18,622 $19,910 $28,394 $24,533 $20,728 $5,502 $243,335 $484,991 M-1 PORT ANGELES FORWARD COMMITTEE Port Angeles, Washington Meeting Minutes for October 9, 2008 Mission Statement: To create a strong economically and culturally vibrant community that will enhance the lives of our citizens. CALL TO ORDER: Chair Cherie Kidd opened the meeting at 7:30 a.m. INTRODUCTION: Chair Kidd welcomed those present. ROLL CALL: Members Present: Chair Cherie Kidd, Terry Weed, Terry Roth, Mike Chapman, Terry Smithton, George Schoenfeldt, Don Perry, Jerald Osterman. Staff Present: Sue Roberds, Nathan West, Scott Johns Public Present: Tim Boyle, City Planning Commission. Approval of Minutes T. Roth moved to accept the September 11, 2008 minutes as presented. T. Weed seconded the motion. The minutes were approved unanimously. Flag Pavilion Concept for Railroad Avenue /Artist's Rendering - Terry Roth T. Roth asked staff member N. West to report. N. West stated that the A.I.A. grant application has been accepted for review. No definitive word has been given as to whether the grant will be awarded, but staff is confident that the application is in the running. The grant was submitted early, and N. West hoped that would add points to the process. Chair Kidd thanked staff for pursuing feedback about the grant processing, and added that staff did a fine job preparing the materials. "Pick Up PA"Theme Implementation T. Smithton began a discussion that focused on the possibility of coordinating a general community clean up PA project with the Downtown Association's yearly such activity. Coordinating such an activity with Earth Day, or Free Dump Day, etc., might encourage stronger participation. How many such activities per year was a topic, with various pros and cons weighed. D. Perry suggested that perhaps two general City clean up projects could be included in the endeavor to maintain an attractive community environment that would be coordinated with the Downtown's like activity. M. Chapman said the County's Chain Gang will likely not be available for such a use as they are already very heavily scheduled for activities with the County, the Forest Service, and the Department Natural Resources. Lengthy discussion continued that suggested identified various groups that might pledge to challenge each other, such as local schools and service groups. N. West suggested that NW Beach Watchers and Marine Resource Committee individuals may be interested in participation of such special events that take place along the waterfront. T. Smithton suggested that various groups or persons may be interested in adopting a particular area, similar to the WSDOT "Adopt a Highway" activity. .- • D. Perry returned to the idea of businesses sponsoring trash receptacles in the Downtown as a means to advertise a particular business' stewardship to the community, which brought up the question and ensuing M-2 Port Angeles Forward Meeting Minutes • October 9, 2008 discussion as to who would be responsible for emptying the trash receptacles. General discussion continued as to the maintenance of the receptacles and how/where/how many might be placed. S. Roberds noted that right-of--way use permits would be required to allow the containers within rights-of--way, and one thing that must be considered is that if made too available, some will stuff the containers with household trash, rather than the more recreational trash magnet that is intended. Staff will provide information regarding types of receptacles that are found to be suitable and available on the market. General cost for each could be around $500. Following discussion ensued as to potential opportunities to tie clean up events to other activities City wide that would result in a year round clean watch effort. T. Smithton moved to promote a general clean up campaign to occur three times a year, with at least one of those dates being in conjunction with the Downtown Association's annual clean up project. The end of August, and the end of December were suggested as two independent time frames. D. Perry will follow up with Downtown business owners for coordination. The motion was seconded by D. Perry, and passed unanimously. Member Reports D. Perry said that Sunset Magazine is reportedly preparing an article featuring the City's Avenue of the People art project done by local artist Bob Schultz. S. Johns said he believed AAA Journey magazine is also planning an article. T. Roth noted that Bob Stokes applied for an additional $40K grant from the City's Lodging Tax Advisory Board to enhance the Avenue of the People body of work. Mr. Roth noted that the request had not been approved largely because the art display seemed not to have been significantly appreciated by the general local public. He added that, as with other new ideas, public opinion may change. • New Business None. Adjournment Meeting adjourned at 8:35 a.m. Next Meeting Date: November 13, 2008 - 7:30 a.m. in the Jack Pittis Conference Room, City Hall. (Note: November meeting was later canceled) Approved as presented on December I1, 2008. Cherie Kidd, Chair Sue Roberds, Planning Manager Community & Economic Development . Page 2 of 3 M-3 Port Angeles Forward Meeting Minutes October 9, 2008 NEW AND ON-GOING ACTION ITEMS DATE DESCRIPTION RESPONSIBLE PARTY TARGET DEADLINE 1-12-06 Bring Council's project Chair Williams On-Going riorit list to meetin 2-9-06 Continue Discussions on Group On-Going Housin /Jobs 3-13-2008 "2010" Theme Ado ted Grou On-Goin Grant awarded to City. 6-12-2008 AIA Grant Nathan West Arran ements endin COMPLETED ACTION ITEMS DATE DESCRIPTION RESPONSIBLE PARTY TARGET DEADLINE 3-9-06 Letter to City Council, Mark Madsen Completed Planning Commission and County regarding Southern Cross-Route April-May Strategic Planning Meetings Group Completed 5-11-06 2006 with Jim Ha uewood February Make recommendation to 2007 City Council regarding Group Completed 2-8-07 Harbor Plan May 10, Determine PA Forward 2007 representative to Lodging Group Completed 5-10-2007 Tax Committee October 11, Determination of PUD Group Completed 10-11-07 2007 Re resentative October Gather input regarding Cross- Group Completed 10-11-07 2007 Route issue December Give Recommendation to 2007 City Council Regarding Group Completed Cross-Town Route Page 3 of 3 O • M-4 • OLYMPIC REGION CLEAN AIR AGENCY 2940-B Limited Lane NW, Olympia WA 98502-6503 Consent Agenda to Board of Directors Meeting WARRANTS ISSUED 8~ SUBMITTED FOR THE PERIOD October 7, 2008 through November 18, 2008 Fund: Warrant #'s: Scheduled Payment Date: Issue Amount 6471 63001757 - 63001780 November 24 $10,350.68 ORCAA scared 63001781 - 63001784 November 26 $8,500.00 issuing their own warrants 63001785 - 63001790 November 26 $3,093.64 Ucrober 2007. 3045493, 275841-275856 Payroll -November $89,259.00 4768, 4767, 4759 Benefits $30,375.84 63001791 - 63001792 December 2 $19,260.12 63001793 - 63001805 December 5 $7,882.51 • r~ Tota! Expenditures This Period: $168,721.79 Included with Consent Agenda for Monthly Board of Directors Meeting. IOURNAL.XLS 12/42008 M-5 OLYMPIC REGION CLEAN AIR AGENCY O Check Register For the Period From Nov 24, 2008 to Dec 5, 2008 Filter Criteria includes: Report order is by Dale. Check N Dale Pavee Cash Account Amount 63001757 I (/24/08 ABC Legal Services, Inc. 10200 147.60 Legal 63001758 I (/24/08 Always Safe & Lock, Inc. 10200 26.02 Bldg. Maintenance 63001759 11/24/08 Bob Beerbower 10200 72.13 Board Reimbursement 63001760 1 1/24/08 Bank of America 10200 2,804.50 Credit Card Charges 63001761 11/24/08 Budd Bay Cafe 10200 927.26 Staff Retrea[ 63001762 11/24/08 Capital Business Machines 10200 63.49 Copier Maintenance - 63001763 11/24/08 CenturyTel 10200 58.38 Telephone 63001764 11/24/08 Howard Doherty 10200 170.40 Board Reimbursement 63001765 11/24/08 Department of Personnel 10200 1,390.00 Training 63001766 11/24/08 firestone Store 10200 153.56 Vehicle Maintenance 63001767 I (/24/08 Ross Gallagher 10200. 47.23 Board Reimbursement 63001768 I (/24/08 Lynn Harding -Petty Cash 10200 65.79 Board Meetings 63001769 I (/24/08 Clay Harwood 10200 71.37 Board Reimbursement 63001770 I (/24/08 Jefferson County Sheriffs Otlice 10200 28.80 Legal 63001771 11/24!08 Phillohnson 10200 284.00 Board Reimbursement 63001772 I (/24/08 Debbie Moody 10200 166.17 Janitorial Supplies 63001773 1 I/24/OS Grant Munro 10200 162.48 Board Reimbursement 63001774 I (/24/08 NACAA 10200 249.00 S[affTraining 63001775 11/24/08 The Olympian 10200 3,060.00 Woodstove Change out 63001776 I (/24/08 PUD b I of Clallam County 10200 128.55 CPO 63001777 11/24/08 Qwest 10200 119.57 Telephone 63001778 11/24/08 ReachOne Internet 10200 34.95 Telephone 63001779 11/24/08 Scott-Marrin, Inc. 10200 55.20 CPO 63001780 1 (/24/08 Sunrise Pest Management, Inc. 10200 64.23 Bldg. Maintenance 63001782 11/26/08 Capi[al Ci[y Stove 10200 4,750.00 Woodstove Change out 63001781 11/26/08 VOID 10200 0.00 n/a 63001783 I (/26/08 Olympia Fireplace Supply Inc. 10200 2,500.00 Woodstove Change out 63001784 11/26/08 Sunset Air[ncorporated 10200 1,250.00 Woodstove Change out 63001785 I (/26/08 Capacity Provisioning Inc. 10200 35.00 Telephone 63001786 I (/26/08 CPI, Ventures LLC 10200 299.00 Rent 63001787 I (/26/08 David Charles Mack, Jr. 10200 227.64 Bldg. Maintenance 63001788 I (/26/08 Jan-Pro Cleaning Systems of PS 10200 210.00 Bldg. Maintenance 63001789 11/26/08 DanRydholm 10200 2,122.OOITContractor 63001790 I (/26/08 Willapa Community Dev. Assn. 10200 200.00 Rent 27841 11/26(08 Payroll & Benefits 1020 119,634.84 Payroll 63001791 12/2/08 Ci[y of Lacey 10210 15,000.00 Diesel School Bus Program 63001792 ` 12/2/08 Cummins Northwest, LLC 10210 4,260.12 Diesel School Bus Program _ 63001793 12/5/08 Bean Gentry Wheeler & Peternell, PLLC 10200 3,317.50 Legal 63001794 12/5/08 CenturyTel 10200 97.40 Telephone 63001795 12/5/08 Dept. of Correc[ional Industries 10200 352.76 Bldg. Maintenance 6300!796 12/5/08 Costco Wholesale 10200 50.00 Dues 63001797 12/5/08 Electronic Resourcing, Inc. 10200 6.1 ] CPO 63001798 I2/5/08 Matrix 10200 85.93 Telephone 63001799 12/5/08 IKON Office Solutions 10200 109.14 Copier Maintenance 63001800 12/5/08 Barbara McAllister 10200 2,355.03 S[aff Retreat 63001801 12!5/08 North Pacific Electric, lnc. 10200 846.02 Bldg. Maintenance 63001802 l2/5108 Pacific Disposal 10200 55.00 Utilities 63001803 12/5/08 Phone Directories Company 10200 136.00 Telephone 63001804 12/5/08 Pioneer Fire & Security 10200 93.00 Bldg. Maintenance 63001805 12/5/08 Verizon Wireless, Bellevue 10200 378.62 Telephone "Total 168,721.79 12/4!2008 at 12:18 PM Page: 1 • • NSR and AOP Summary Report Report for all NSR and AOP revision applications currently pending and applications finalized between 11 /17/2008 to 12/09/2008 Business Name Insp Eng NOC# Location Project Description Date Final Xcld 7-ELEVEN 24379 -MARKET MS JTK 08NOC637 ABERDEEN remove stage II vapor I - i recovery system A & R AVIATION SERVICES SS JTK 08NOC633 TUMWATER install paint booth U FORMER GAS AND GRUB MS GG 08MOD639 LONG BEACH modify Condition 5 in ~-~ 06NOC512 FRED HILL MATERIALS RC JTK 08MOD615 PORT deviate from approved i.._I ROCK CRUSHER -SHINE LUDLOW plans PIT FREDS AUTO BODY MS GG 08NOC643 HOQUTAM GRAYS HARBOR ENERGY RTM MVG 08NOC636 ELMA LLC GRAYS HARBOR PAPER LP RC GDL 08NOC607 HOQUTAM HIGH TIDE SEAFOODS RC JTK 08NOC605 PORT ANGELES HOLROYD CO. INC - AD GDL 08NOC594 LACEY • NISOUALLY HOWARDS PRESTIGE SS JTK 08NOC647 LACEY CLEANERS INTERFOR PACIFIC INC - RC GG 06NOC483 PORT PORT ANGELES DIVISION ANGELES K PLY RC MVG 08AOP640 PORT ANGELES LAKESIDE INDUSTRIES - MS MVG 08MOD642 OLYMPIA DURGIN RD LAZY J TREE FARM RC GG 07NOC556 PORT ANGELES LINDE FAMILY FUNERAL RC JTK 08NOC593 SEQUIM HOME LINE-X OF OLYMPIA SS replace old spray booth install and operate a fuel dryer install cleaver brooks boiler remove baghouse type dust collection and install cartridge type install dry cleaning machine Install Hog Fuel Boiler and Additional Kilns renew AOP permit change the term "aggregate feed rate" to term "asphalt production rate" install tub grinder, screens, excavator, loader, etc. for composting operation install human crematory f.~l D JTK 08NOC600 TUMWATER install booth for truck bed liner MASON COUNTY FOREST MS JTK 06NOC479 SHELTON construct a lumber mill PRODUCTS LLC (after the fact approval) Tuesday, December 09, 2008 • Page 1 of 3 M-7 :~ Business Name Insp Eng NOC# Location Project Description Date Final Xcld MILLCREEK AUTO BODY & RC JTK 08NOC584 FORKS install paint spray booth ~ PAINT MILLERS QUALITY AD GG 08NOC614 GRAPEY-EW install a spray booth (J CABINETS NAVAL MAGAZINE RC GDL 08NOC626 PORT install TeeMark Super (NAVMAG) INDIAN ISLAND HADLOCK 200 Aerosol Can Crusher NIPPON PAPER RC JTK 08NOC645 PORT Add De-ink plant drum ~ INDUSTRIES USA CO LTD ANGELES pulper rejects to list of itmes to be burned at the NO. 8 power boiler OLYMPIC PANEL RC JTK 08NOC616 SHELTON install a natural gas-fired PRODUCTS LLC boiler (33.6 MMBtu/hr) PANELTECH INT. LLC JAW GG 08NOC648 HOQUTAM install 2 treater lines, 1 ~ reactive thermal oxidizer, 1 composit press and a 3mil btu hot oil boiler RYANS AUTO DETAILING & SS JTK 08NOC602 LACEY install booth for truck bed ~ SPRAY ON VORTEX liner BEDLINER SANDOUIST CABINETS RC GDL 08NOC610 BRINNON install a spray booth ~ SEQUIM MARINE RC GDL 08NOC621 SEQUIM install 60kW diesel fired ~ RESEARCH OPERATIONS generator SIERRA PACIFIC RTM GG 06NOC520 ABERDEEN increase quantity of ~ INDUSTRIES -LUMBER lumber dried and MILL increase internal temperature at which the kilns operate SIERRA PACIFIC RTM GG 08AOP625 ABERDEEN INDUSTRIES -LUMBER MILL SIMPSON DOOR - SATSOP MS JTK 08NOC629 ELMA ~ WAREHOUSE SIMPSON TIMBER CO RTM MVG 08REV628 SHELTON change name to Simpson ~ Timber Company - Shelton Lumber Mill Facility SPECIALTY STEEL SS GG 08NOC644 LACEY install a paint spray booth ~ FABRICATORS STEVEN SIMS INC SS GDL 08NOC635 SHELTON install spray booth ^ STRETCH ISLAND FRUIT MS GDL 08NOC617 ALLYN ~' COMPANY VERISIGN INC AD GG 08NOC641 LACEY install standby generators WESTPORT SHIPYARD INC RTM GDL 08NOC627 WESTPORT modify VOC limit from 32 ~ tons per year to 40 tons per year ~~ T .~.~._______ ~._____. Tuesday, December 09, 2008 ~ ~' r Page 2 of 3 M-8 • • • Business Name Insp Eng NOC# Location Project Description Date Final Xcld WESTPORT SHIPYARD INC RTM GDL 07AOP575 WESTPORT renewal application WESTPORT SHIPYARD INC RTM GDL 08NOC638 WESTPORT replace existing n baghouse, capture arms and filter system in Building 7 weld shop. WILLIS ENTERPRISES - MS GG 08NOC634 HOQUTAM install a wood chip MOON ISLAND manufacturing plant and an overhead conveyer system for barge loading NORTHWEST COLLISION 2 AD JTK 05NOC417 ABERDEEN Install a new spray booth 11/17/2008 • operation WESTPORT SHIPYARD INC RTM GDL 08NOC630 WESTPORT install energy recovery 11/20/2008 U venitlation equipment, painting room Tuesday, December 09, 2008 Page 3 of 3 M-9 Demolition Civil Penalty Worksheet The following procedures shall be used in making a recommendation for assessment of civil penalties for violations of Federal, State and local regulations. Civil penalties include a "gravity" component that shall be determined according to Step 1 below. In addition, civil penalties for violations involving an economic benefit to the violator should include a benefit component. The amount of the benefit component should be equivalent to the economic benefit realized by the violator due to the noncompliance and may be determined according to Step 2, below. The total civil penalty assessed for a violation should be the sum of the gravity (Step 1) and benefit components (Step 2). Source: NOV#: Previous NOVs: , STEP 1. GRAVITY COMPONENT. Answer all questions below. Add the numerical ratings for all answers. 1. Type of Demolition. Residential by Homeowner (1) Commercial by Property owner (2) Residential by Contractor (3) Commercial by Contractor (4) pts 2. Was it an application violation? No (0) Had an approved permit, but didn't wait 10 days (1) Applied for a permit but the permit was not approved yet (2) No permit when started (3) Completed job (removal of significa~zt material) without a permit (5) pts 3. Does the source have a history of similar violations? No (0) Incident occurred before but has not been cited (2) Incident occurred more than once, but has not been cited (5) Source has received a written NOV for a similar violation (7) Source has received 2-3 NOV's for similar violations (10) Source has received 4+ NOV's for similar violations (15) pts 4. Were there reports and/or complaints associated with this violation? No complaints (0) The violation was the result of a report by anon-affected party (1) The violation was the result of a complaint by an affected party (3) The violation resulted in complaints from multiple parties (5) pts TOTAL POINTS: M-10 Table 1 Score 1-4 5-7 8-10 11-13 14-18 19-23 23+ Penal $ 100 300 500 750 1,000 2,000 5,000 STEP 2. BENEFIT COMPONENT. Did the violator economically benefit from this violation? YES _, NO If the answer is yes, and economic benefit portion shall be included in the penalty. The estimated dollar amount of economic benefit is: $ .Attach any calculations, reports, or any other pertinent information. For situations where economic benefit occurred but could not be clearly calculated add $100.00. Issuing Staff Date Recommended Penalty Comments Supervisor Date Recommended Penalty Comments Executive Director Date Assessed Penalty • M-11 Inspections Completed Printed 12/9/2008 8:33:46 AM Between 11/17/2008 and 12/9/2008 Insp. Date Inspection Type File # Source Name Location GG 12/02/2008 Source Test 194 INTERFOR PACIFIC INC -PORT ANGEL PORT ANGELES MS 11/17/2008 Driveby 424 SIMPSON TIMBER CO SHELTON 11/17/2008. Driveby 1235 NORTH MASON FIBER CO 1NC BELFAIR (1/17/2008 Unannounced ]67 BELFAIR CLEANERS BELFAIR 11/17/2008 Ihiveby 1200 ATLAS SHELTON SHELTON l 1/18/2008 Unannounced 172 SING SQUARE LOG HOMES MCCLEAR MCCLEARY 11/25/2008 Unannounced 130 WILCOX & FLEGEL ILWACO BULK PLA ILWACO ] 1/25/200R Unannounced 925 JOHNSONS ONE STOP NASELLE 11/25/2008 Unannounced 1086 CHINOOK COUNTRY STORE CHINOOK 11/26/2008 Unannounced 661 ECONOMY CLEANERS HOQUTAM 12/01/2008 Announced 186 YELM WASTEWATER TREATMENT PL YELM SS 11/24/2008 Uuannounced 642 FRONTIER VILLAGE CLEANERS YELM 12/02/2008 Source Test 194 INTERFOR PACIFIC INC -PORT ANGEL PORT ANGELES Page 1 of 1 M-12 • • • NOV Monthly Repor For the period 11/17/2008 to 12/09/2008 NOV # Name Issued City Regulation(s) NOV Penalty Amount Amount Penalty by Issued Assessed Suspended Paid Issued 2491 BARDEN & HUETHE RC CLALLAM 33(e) 2729 TWICE CLEANERS SS THURSTON 6.1 (a) (2) 2752 YAKOVICH TRUCKING MS PACIFIC 63.2(a) 2760 WOOD SS THURSTON 6.2 (a) (6) 2768 HANSEN RTM CLALLAM 6.2 (a) (I) 2769 ADVANTAGE AD THURSTON 3.l(d) COLLISION CENTER CORP 2770 ARMOR COATINGS MS CLALLAM 3.I(d) 2772 PORT TOWNSEND MS JEFFERSON 3.1(d) FURNITURE CLINIC 2773 PLEASANT HARBOR SS JEFFERSON 3.1(d) MARINA Dust emissions are deposited b 08/25/2006 $1,000.00 $500.00 $500.00 10/16/2006 Violation of Notice of Constru 06/23/2008 $100.00 $100.00 08/05/2008 application modification requii sources No demolition permit squired ~ 08/28/2008 $600.00 $600.00 11/20/2008 prior to demolition No ORCAA burning permit ac 10/09/2008 $250.00 11/21/2008 burning site. Open fire containing prohibiter 11/20/2008 Failure to pay annual Registrat 12/03/2008 Failure to pay annual Registrat 12/01/2008 Failure to pay annual Registrat 12/01/2008 Failure to pay annual Registrat 12/03/2008 Totals: $1,950.00 $1,100.00 $600.00 M-13 Asbestos Permit Status Report Completion Actual Permit # Staff Recd Address City Status Date completion 07ASB002252 MS 12!10/2007 834 Sheridan Street Port Townsend First amendment 12126/07 - On hold (f 12/26/2008 07ASB002254 MS 12/1412007 146 5th Street Raymond First amendment 1/08108 - on hold . K 12/13/2008 07ASB002255 MS 12/17/2007 see attached lists Olympia PSE sent in a list of project address for 1213112008 07ASB002256 SS 1 2/1 8120 07 Office Building 2, Service Level - Olympia They attached invoice voucher. 12131/2008 08AS8002266 SS 1/7/2008 6120 Mullen Road SE Lacey Demo permit #OSDEM001959 08ASB002276 RTM 1114/2008 413 Lilly Road NE Olympia First amendment 2/28108 - on hold. KI 08ASB002277 RTM 1/15/2008 2321 West Dayton Airport Road Shelton Enclosed Purchase order. Invoiced Ot 08ASB002289 SS 1/29/2008 410 W 5th Street Olympia 12/31/2008 08ASB002309 AD 2127/2008 2702 Gull Harbor Road NE Olympia 08AS8002320 AD 3/7/2008 1353 Thurston Avenue NE Olympia Demo: 09DEM002009 08AS8002321 SS 3/24/2008 NE 23940 Highway 3 Belfair Demo: 08DEM002012 08AS6002322 MS 317/2008 914 F. Street Port Townsend OSASB002332 MS 3/13!2008 201 F Street Aberdeen 08AS6002337 AD 3119/2008 5310 Capital Boulevard Tumwater 08ASB002340 MS 3/2112008 3845 Sleater Kinney Road, N. Th Lacey First amendment 7!24!08 -starting Ph 12!10/2008 08ASB002371 RC 5/2!2008 63 Summitt View Place Port Angeles 08AS6002376 MS 5!8/2008 100 West Main Elma Demo permit: 08DEM002077. 9/3 012 0 0 9 08ASB002380 MS 5/12/2008 515 - 15th avenue SE Olympia Contractor has requested emergency OSAS8002451 MS 7/11/2008 1738 Summit Lake Shores Rd Olympia Mike has an email and notes attached 08ASB002472 MS 8/18/2008 3560 Deer Street Neah Bay 08ASB002482 9/2/2008 212 Lewis Road Port Angeles OSAS8002483 SS 9/2/2008 8100 Steilacoom Road SE Lacey Multiple projects -school hours/times a 9/2212009 Tuesday, December 09, 2008 Page 1 of 2 M-14 • • Completion Actual Permit # Staff Recd Address City Status Date Completion 08ASB002487 9/4/2008 13251 North Shore Road Belfair 08ASB002490 MS 9/5/2008 611 South Main Street McCleary First amendment: 9/18108 - oh hold un 9/19/2009 08AS6002493 MS 9/9/2008 2629 Aberdeen Avenue Hoquiam 08ASB002508 AD 8/25/2008 16933 Hwy 112 Clallam Bay 08AS6002509 AD 9/26/2008 905 56th St Port Townsend OSAS8002512 MS 9/29/2008 Building 83 - US Navy Station Indian Island First amendment 10/14/08 - on hold. 08ASB002515 SS 10/1/2008 407 N. 6th Street Shelton OSAS8002525 MS 10/10/2008 13120 Tilley Rd S Olympia Start date was changed fromo 10-21 to 12/31/2008 OSASB002530 MS 10/23/2008 1027 Lincoln Street Hoquiam 12/20/2008 OSASB002540 RTM 10/29/2008 1202 Fones Road Olympia 12/31!2008 OSASB002546 MS 11/10/2008 11629 Endicott Road SW Olympia 11112!08 -Siding has been identified a 08AS8002547 MS 11/12/2008 519 Simpson Avenue Montesano 9/30/2009 08AS6002550 SS 11/13/2008 5722 Sleater Kinney Road Olympia OSDEM002248 08AS6002555 SS 11/21/2008 112 Percival Street NW Olympia 12/10/2008 OSAS6002556 SS 12/1/2008 1603 SE Fones Road Olympia 12!12/2008 08ASB002559 MS 12/2/2008 600 E. Park Street Port Angeles OSASB002560 RTM 12/2/2008 5144 Quillayute Road Forks OSAS8002561 MS 12/4/2008 521 North Montesano Westport 08AS6002564 MS 12/5/2008 26119 Sandridge Rd Ocean Park OSAS6002565 MS 12/5/2008 11843 Joyce Piedmont Rd Joyce OSASB002566 SS 12!8/2008 4301 6th Avenue NE Lacey OSA56002567 MS 12/8/2008 2318 Pacific Avenue Hoquiam Tuesday, December 09, 2008 12/18/2008 12/19/2008 Demo permit: 08DEM002266 12/18/2008 12/9/2008 1219/2008 P.O. # 2680800120 -invoiced 12/08/0 12/31/2009 12/20/2008 Page 2 of 2 M-15 Complaint Report for period from 11/17/2008 to 12/09/2008 Date Source City Recd Forma Oncall Online Smoke Odor Open Fir Dust Woodstov Other Referred to AD 11/17/2008 Leanne Francis Olympia AD ^ ~' ~ ^ ^ ^......_ LI 11/17/2008 Unknown Elma AD ^ ~ ^' ~ ^ ^ U ^ 11/19/2008 NORTH MASON FIBER CO INC BELFAIR RTM ^ ^ ^ ^ ~ ^ ^ ^ 12/08/2008 Larry Nakano Bucoda RTM ^ ^ ^ ~' ~ ~ U U Referred to: GG 11/19/2008 NORTH MASON FIBER CO INC BELFAIR SS Referred to: MS 11 /20/2008 unknown SS. - `~ ~ -~ - ~~ `~ 11/24/2008 Amy Carter Olympia MS ^ ^ ^ ~ ^ ^ ^ ^ 11/24/2008 Larry Denny Tenino M5 ^ ^ ^ ^ ^ ~ ~ ^ 11/24/2008 Ocean Crest Motel Moclips MS ^ ^ ^ 0 ~ 0 ^ ^ 11/24/2008 Resident Olympia MS ^ ^ ^ ^ ^ ^' ^ ~ 11/24/2008 Robert Westling Aberdeen SS ~-~ ^ ^ ^ ^ ^ ^ ^ 11/29/2008 Curtis Chapin Cosmopolis MS ^ ^ ^ ~ ^ ~ 12/01/2008 Ardelle and Consuelo Keller OAKVILLE MS ^ ^ ^ ^ ^ ^ ~ _I ^ 12/01/2008 Mark Sherman HOQUTAM MS ^ ^ ~ ~ ^ ^ ^ 0 12/01/2008 TBD HOQUTAM RTM ^ ^ ^ ~ ^ ^ ^ ^ 12/02/2008 OCEAN PROTEIN LLC HOQUTAM KLE ^ ^ ^ ^ ~ ^ ^' ^ 12/02/2008 OCEAN PROTEIN LLC HOQUTAM DJM u ^ '~ ~ ~ ~-.I u ^ 12/05/2008 CROWN CORK & SEAL CO INC OLYMPIA AD ^ ^ ^ ^ ~ ^ --• 12/06/2008 unknown Olympia DJM ^ ^ ~~ I~ ^ ~ Referred to: RC ___ 11/21/2008 TBD Port Angeles MS _I I _ __ L7 ,- ~/ Referred to: RTM 11/17/2008 Rocky Simpson & Tina Roberts Yelm RTM __ -~~ ___ __ -^ _ _ ^ _ __ L _ _ ^ ~ _ I 11/24/2008 Lloyd Berg Olympia RTM ^ ^ ^ ^ ^ L' ^ '-~ 12/03/2008 CARDINAL CG TUMWATER DJM ^ ^ ~~ ~ ~ ^ ^ Referred xo; SS 11/17/2008 Jill Bussard Olympia ^ RTM _ ^ :kLryi 'Y:t" Y F V f~ih : JbixA' MR _ ~-~ SR" . RY'~U^~YhT _ '~ "Sf3:X~41i. ~ip I~ Y...- '.". ~ T..MCI. «'^R:F,P2RIRM~~ ~- !~!i^l fii4C- ',3rtS 'R ',a''~YFfmI.T#Y.':W.w~': +Y:Y:.n»"i.J:.R4i'.i>n. p.F1Y1.. Gm. f: .U1..bL.1LM.~:CS~ Tuesday, December 09, 2008 9Yh1H5 ti:T~. :m'SI~C . r r . ..: . . Page I oj1 M-16 • • • Date Source City Recd Form a Oncall Online Smoke Odor Open Fir Dust Woodstov Other 11/18/2008 Joe Zaino Olympia SS ~`~ J ~ 11/19/2008 Felix Torres Lacey SS U ^ ^ U U ^ I_I ^ 11/19/2008 resident Olympia SS ^~~ ~ ^ ~ ^ ^ ^ ^ 11/20/2008 DAVE SS ^ ^ ^ ^ ^ ^ ^ ^ 11/20/2008 Joseph Cavaleri & Karen Hartman Olympia SS U ~~ ^ U ^ ^ U ^ 11/24/2008 Cindy Olympia SS ~-% ^ ^ ~ ^ ^ ^ ^ 11/24/2008 Gabriel Ayala Rainier RTM ^ ^ ^ ^ ^ ^~/ ^ ^ 1 1 /2 4120 08 Stephen Vanderhoof Olympia SS ^ C ^i i.__; ^ ~_.~ L...~ 11/24/2008 William Willke Port Ludlow SS ~ ~ ^ ^ ^ ^ ^ C 11/24/2008 Yoshiko Durinski Olympia KLE ^ ~ ^ L~ ^ ~~ ^; ~ 11/26/2008 EvonCooper Shelton SS i.-~ '-J IJ (J ~ ^ ^ ^ 11/26!2008 Mark Viney Shelton SS J U ~--~ '~ ^ ^ ^ ~ 12/01/2008 Erik Backman Rainier SS ^ ^ ^ ^ ^ ~ ~ ~~ L_ 12/01/2008 Jay Mallott Olympia SS ^ ~~ ^ ~ ^ ^ ^ ^ 12/01/2008 Joe Zaino Olympia SS ^ ~ ^ ^ ^ ^ ^ ^ 1 210 2 /2 00 8 Shelly Anderson Rainier KLE ^ ~ -1 U ^ ^ ~ ^ garbage, limbs 12/05/2008 Jeanie Davis Yelm RTM ^ ^ ^ ~~ ^ ^ ^~ ^ Tuesday, December 09, 2008 Page 2 of l M-17 Demolition Permit Status Report Permit# Recd Staff Address City Status Asb survey Asb Permit# 07DEM001944 11/28!2007 SS 812 Hooker Road Sequim Client lives in Boise, Id. Requestin ^~ ASB 07DEM001948 1215/2007 SS 203 N. Blakely Montesano L] ASB 07DEM001950 12/18/2007 MS 1404 7th Ave SE Olympia ~ ASB 07DEM001952 12!19/2007 MS 1406 Wynooche Avenue West Montesano ~ ASB 08DEM001957 1/7/2008 MS 28513 T Lane Ocean Park Incorrect start date; no asbestos s C ASB 08DEM001960 11812008 MS 317 sw 17TH Olympia Former permit #04DEM001053 ~• ASB OSDEM001962 1/10/2008 MS 991 Stanford Drive Cosmopolis ~ ASB 08DEM001964 1/14/2008 SS 1103 Yelm Avenue Yelm No asbestos survey. Start date in ^ ASB 08DEM001965 1/1412008 SS 9410 Mountain View Road SE Yelm No asbestos permit. Start date inc ^ ASB 08DEM001968 1/17/2008 SS 6914 Pacific Avenue Olympia ~ ASB OSDEM001972 1!18/2008 SS 232 Perry St NW Olympia C ASB 08DEM001973 1/23!2008 MS 415 W. Lovett Street Aberdeen Emergency permit due to storm in ~' ASB OSDEM001975 112312008 MS 1015 Washington Ave Raymond To be used for a training fire. Hom C ASB 08DEM001978 1/28(2008 RTM W 570 Lalu Nahwatzel Shelton n ASB OSDEM001985 2!13!2008 RTM 1134 Logan Rd Grayland Mike went out and looked at the pr J ASB OSDEM001986 2/13/2008 MS 236 1st Street Raymond ^ ASB 08DEM001988 2!14/2008 MS 609 1!2 W. Heron Aberdeen ~ ASB OSDEM001993 2/20/2008 RTM 22 Elma Gate Road E Oakville L~ ASB 08DEM002002 2126/2008 SS 2006 South Bay road Olympia Dean Phillips did not provide name !~ ASB OSDEM002004 313/2008 MS 315 N. Newton Oakville Customer said Brad Wilson comp) ~~ ASB 08DEM002005 3/3!2008 SS 1401 272rd Place Ocean Park L/ ASB 08DEM002006 3/412008 MS 2260 Division Street NW, (16 carports) Olympia Pictures brought in showing 16 car ~ ASB OSDEM002016 3/10/2008 SS 13542 Solberg Street Yelm ^ ASB Tuesday, December 09, 2008 Page 1 of 6 M-18 • ~ Permit# Recd Staff Address City Status Asb survey Asb Permit# OSDEM002018 3/11/2008 AD 2929 Nature Lane Tenino l~ ASB 08DEM002021 3/13/2008 SS 19001 Melon Street Rochester may be training fire, Robert Scott, ~ ASB OSDEM002022 3/13/2008 SS 7248 Capital Boulevard Tumwater [~ qgg 08DEM002028 3/19/2008 MS 2169 South Bank Road Oakville Fire training, but no training with D ~ ASB OSDEM002033 3/25/2008 SS 419 Linwood Avenue SW Tumwater Tumwater School has to bid on thi ~ ASB OSDEM002036 3/28/2008 MS 26810 Park Ave Ocean Park C~ ASB 08DEM002037 3/28/2008 MS 116 North Newell St Aberdeen City ordered demolition-fire damag f _l ASB 08DEM002038 3/31/2008 MS 7500 Henderson Blvd Olympia ~ ASB 08DEM002044 4/7/2008 AD 35846 W. Highway 101 Lilliwaup No asbestos survey included. Kell i-' ASB OSDEM002046 4/7/2008 AD 16649 100th Court SE Yelm Customer will bring by pictures L~ ASB OSDEM002051 4/9/2008 SS 13231 NE Northshore Road Belfair ^ ASB OSDEM002052 4/10/2008 SS 5326 Littlerock Rd SW Olympia Demolishing the old Girl Scout bull ^ ASB 08DEM002061 4/22/2008 AD 19001 Melon St SW Rochester ^ ASB 08DEM002065 4/28/2008 MS 2620 Country Club Rd Olympia 4/28/08 -applicant has not yet cho 0 ASB 08DEM002073 5/6/2008 MS 6755 Pattison Lake Drive Se Lacey Emergency demo. per Mike. Mike ^ ASB 08DEM002081 5/13/2008 RC 2980 W. Sequim Bay Road Sequim ~~ ASB 08DEM002090 5/20/2008 SS 16312 Pleasant Beach Drive SE Yelm Customer did not put in start/finish ~ ASB OSDEM002093 5/22!2008 RTM 309 E. Young Street Elma i~ ASB 08DEM002095 5/28/2008 AD 917 Turner Shelton Will call in completion date. Kle. _I ASB OSDEM002098 5/29/2008 RC 173 West Bell Street Sequim ~ qgg 08DEM002101 5/3012008 RTM 1145 Summit Avenue South Bend 0 qgg OSDEM002102 5130/2008 SS 7522 Libby Road Olympia (~ qgg 08DEM002105 6/3/2008 MS 200 W. Dimming Road Shelton Asbestos project completed 6/2/08 (] ASB 08DEM002112 616/2008 RTM 616 Sherman St Olympia Olympic Salvage will be doing to d ^ ASB 08DEM002117 6/10/2008 AD Lansky Harstine Island Government ordered demolition. ^ ASB Tuesday, December 09, 2008 Page 2 of 6 • M-19 Permit# Recd Staff Address City Status Asb Survey Asb Permit# 08DEM002126 6/16/2008 SS 3131 Maytown Road SW -Littlerock Fire Sta Olympia Client will call in demo. contractor. ~ ASB 08DEM002128 611812008 RC 1060 Beckett Pt Rd Port Townsend ~ ASB 08DEM002129 6/18/2008 SS 101 Boulevard Long Beach ~ ASB 08DEM002135 6/2712008 AD 207 Ludlow Bay Road Port Ludlow No asbestos present. Kle -Need ~ ASB 08DEM002139 7/112008 MS 15 West Lake Forest Lane Shelton Survey is in the works. Kle ^ ASB 08DEM002140 7/212008 1124 Summit South Bend ^ ASB 08DEM002141 7/312008 AD 8621 Thuja Ave SE (po box 933, roy, wa 98 Yelm waiting on survey results to see if t ^ ASB OSDEM002142 7/3/2008 MS 126 Main St SE Ilwaco No fees were received 07103/08 dj ^ ASB 08DEM002144 7/7/2008 RC 142 Hidden View Port Angeles ~ ASB 08DEM002148 7/9/2008 SS 1600 Sleater Kinney Road Lacey ^ ASB 08DEM002151 7/11/2008 MS 126 Main Street Ilwaco No indication that asbestos project ^ ASB 08DEM002152 7/11/2008 SS 1738 Summit Lake Olympia On hold until asbestos is permitted ^ ASB OBDEM002160 7/15/2008 MS 40 Strawberry Lane Nordland Will send in pictures of house. Kle ^ ASB 08DEM002161 7!15/2008 MS 420 W. Enterprise Road Shelton ^~ ASB 08DEM002164 7/1712008 MS 2000 Bower Street Raymond ^ ASB 08DEM002166 7/21/2008 MS 2nd & Washington Lomg Beach 0 ASB OSDEM002167 7/21/2008 MS 1521 Washington avenue long Beach asbestos in the silver coat - need p ^~ ASB OSDEM002171 7/25/2008 SS 3039 Hoffman Road Se Olympia Survey submitted by Dave Thoma ~ ASB 08DEM002173 8/4/2008 SS 12921 Case Road Littlerock Emergency letter received from fir ~ ASB OSDEM002174 8/412008 RC 116 N. Lilac #3 Port Angeles applicant presented receipt for asb ~ ASB 08DEM002175 8/5/2008 RC 238203 Highway 101 Port Angles n ASB 08DEM002176 8/6!2008 MS 2118 E. 3rd Avenue Port Angeles ~ ASB 08DEM002180 8/1312008 MS 1400 276th Place Ocean Park ss. 8/15/08 called bob bogar. The ~ ASB OSDEM002181 8/13/2008 SS 7028 Budd SVeet NW Olympia ~ ASB 08DEM002182 8/14/2008 RC 121 Cook Avenue Port Townsend ^! ASB Tuesday, December 09, 2008 Page 3 of 6 M - 20 • • • Permit# Recd Staff Address City Status Asb Survey Asb Permit # 08DEM002185 8119/2008 MS 522 Broadway South Bend ^ ASB 08DEM002188 8/25/2008 MS Malis Landing Road Raymond ~ ASB 08DEM002193 9/2/2008 RC 212 Lewis Road Port Angeles ~ 08ASB002482 08DEM002194 9!3!2008 MS 519 Simpson Avenue Hoquiam Waiting for asbestos job to be com ^ ASB 08DEM002196 9/9/2008 MS 2732 Sumner Avenue Hoquiam ^ qsg 08DEM002197 9110/2008 MS 6302 V Place Long Beach ^ ASg OBDEM002203 9/16/2008 SS 14543 McDuff Road SE Tenino ^ ASB OBDEM002204 9117/2008 SS 282 332 Highway 101 Port Townsend Applicant submitted old(er) notifica ^ ASB 08DEM002205 9/17/2008 SS 1830 Black Lake Boulevard SW Olympia ^~ ASB 08DEM002207 9/19/2008 MS 2319 West 6th Aberdeen 9/19/08 -called said they are waiti ^~ ASB OSDEM002210 9!25/2008 MS highway 101 Mile post 39, Possibly 6462 or bay center Mr. Hoppe came in and said that t ^ ASB OSDEM002212 9/29!2008 AD 92 E. Runnion Road Sequim Sent in incorrect dollar amount an ^ ASB 08DEM002214 10!2/2008 MS 14202 SE Yelm Highway Yelm 0 ASB OSDEM002215 10/2/2008 SS 1082 Jamestown Road Sequim ~ ASB 08DEM002216 10/3!2008 SS 9231 183rd Avenue Rochester ~~ qgg 08DEM002217 10/6/2008 SS 14220 SE Yelm Highway Yelm ~ qgg 08DEM002218 10!612008 RTM 1010 Binns Swiger Loop Shelton fire training permit ~ ASB 08DEM002219 10/7/2008 SS 3025 Meridian Rd NE Olympia 2 buildings on property ~~ ASB OBDEM002220 10/8/2008 SS 23 Magnolia Avenue Port Townsend ~ ASB 08DEM002221 10/9/2008 MS 6711 Olympic Highway Aberdeen ~ ASB 08DEM002222 10/10/2008 RTM 2946 Quince St SE Olympia single car garage, windows will be ~ ! ASB 08DEM002223 10/13/2008 SS 9900 Mullen Road SE # G Olympia ~~ ASB 08DEM002224 10/13/2008 AD 9145 Old Highway 99 SE Tumwater !J ASB 08DEM002225 10/14/2008 SS 2016 Elliott Avenue Olympia ^ ASB 08DEM002227 10/20/2008 MS 26709 Vemon Avenue Ocean Park Non NVLAP lab but it is a renovati ~ ASB Tuesday, December 09, 2008 Page 4 of 6 M-21 Permit# Recd Staff Address City Status Asb Survey Asb Permit# 08DEM002229 10/20/2008 AD 2633 Westwind Drive NW Olympia ~ ASB 08DEM002231 10/2112008 AD 917 Garrison Olympia ^ ASB 08DEM002232 10/23/2008 MS 4650 E. State Route 302 Belfair ~ ASB OSDEM002233 10/23/2008 AD 282332 Highway 101 Port Townsend RC: On 10/18/08 Northwest Asbe ~~ ASB OSDEM002234 1012312008 MS 326 S. Fleet & (Wynochee) Montesano This case will get an NOV. Asbest I~ ASB OSDEM002235 10/23/2008 AD 1216 S. Evans Street Aberdeen ~ ASB OSDEM002236 10/29/2008 RTM 3720 State Route 302' Belfair L~ ASB 08DEM002237 10130/2008 MS 3634 Deer Park Road Port Angeles ~ ASB 08DEM002238 10/31/2008 AD 1610 Mairhead Avenue NW Olympia ~i ASB 08DEM002239 1114/2008 SS 1603 Fones Rd Lacey waiting on survey ^ ASB OSDEM002240 11/6/2008 MS 115 Ward Creek Raymond The house has been burned in a fi ^ ASB 08DEM002241 1117/2008 MS 799 Park Avenue Ocean Shores ~ ASB OSDEM002242 1117/2008 RC 60 Maple Dr Port Townsend ^ ASB 08DEM002243 11110/2008 RTM 6836 Zangle Rd Olympia ^ ASB 08DEM002244 11/10/2008 11629 Endicott Road SW Olympia ^ 08ASB002546 08DEM002245 11/10/2008 MS 4802 14th Ave SE Lacey house burned down. Will be rebuil ASB 08DEM002246 11/12/2008 MS 14309 Knowles Road Tenino ~ ASB 08DEM002247 11/13/2008 AD 631 NE Larson Lake Road Belfair iJ ASB OSDEM002248 11/1312008 SS 5722 Sleater Kinney Road Olympia n OSAS6002550 08DEM002249 11!17/2008 RC 73 Gold Street Sequim ~ ASB 08DEM002250 11/17/2008 AD 2120 Black Point Road Brinnon ^ ASB OSDEM002251 11/17/2008 SS 15244 Strawn Lane SE Tenino ~J ASB OSDEM002252 1111812008 MS 3015 Sandridge Seaview ^ ASB 08DEM002253 11/18/2008 MS 3120 Highway 105 Westport ~ ASB 08DEM002254 11/21/2008 MS 1839 5th Ave E Olympia ^ ASB Tuesday, December 09, 2008 Page 5 of 6 M - 22 • • Permit# Recd Staff Address City Status Asb survey Asb Permit # 08DEM002255 11/2512008 MS 230 SE Waldrip Road Shelton _] qgg 08DEM002256 11/26/2008 SS 4804 Pacific Avenue Lacey ~ ASB 08DEM002257 12/1/2008 MS 2711 Pacific Avenue Hoquiam U ASB 08DEM002258 12/1/2008 RTM 3005 Blumauer Rd (PO Box 1069) Tenino a ASB 08DEM002259 12/2/2008 MS 222 Columbia Street North Olympia ~ ASB OSDEM002260 12!2/2008 AD 1066 Franklin Street SE Olympia ~ ASB 08DEM002261 12/2/2008 RTM 2112 Sumner Hoquiam ~ ASB 08DEM002262 12/3/2008 MS 3696 Smith Anderson Road Grayland ~ ASB 08DEM002263 12/312008 SS 10345 Rhody Drive Chimacum %: ASB OSDEM002264 12/4/2008 AD 515 Tumwater Truck Route Port Angeles L ASB OSDEM002265 12/5/2008 SS 8900 Libby Rd NE Olympia waiting on Asbestos Survey -Dan ~! ASB 08DEM002266 12/5/2008 MS 521 North Montesano Westport (mil 08AS8002561 Tuesday, December 09, 2008 Page 6 of 6 M - 23 ~iria•-ili -_ ' ~ : Current ORCAA Land Clearing Burn Permi , ~' ORCAA ~- FireDistrict Expiration # Legal Desc Burn Site Address City Last Name CompanyName Phone ~~.,.. ~, _. .. CFD #1, Forks/Beaver . , 12/1012008 2790 , , . , e f,_.~ .. , Sec36 T30R13w . ~ 201824 Hwy 101 N ~.~. Beaver ~,.., . 4 . Zaccardo - . . , (360) 327-3388 CFD #6, Quillayute Prairie .,- 1213012006 2782 z ,~., Sec18 T28R14W ~._... __ Quillayute RoadlAirport _. _ Forks ... Roberts West End Thunder (360) 374-6409 ~,.- r _ . ~_ ,. GHFD #1, Oakville 12/31/2008 2804 _.~ ~_._ 48 Garrard Creek Road __ Oakville Webber (360) 269-6823 __ ,. ... GHFD #10, Wishkah/E .... 12/21/2008 2800 . _ Sec21 T19R09W _ . _ 54 Wishkah East Hoquiam __ ~ _ _ Hoquiam e, Linker .. Thompson Trucking (360) 532-1809 Hoquiam _ _ . Road _ _.. , . . .. _. w, . _. & Excavating ~. _ _ GHFD #14, _ 12/12/2008 2793 Sec11 T16R11w 26 Dempsey Creek Lane Aberdeen Maben Maben Trucking & (360) 267-7410 Markham/Ocosta/Bay _.. ~~ ., . _- _ __. _„ Excavating . . ,,,- JFD #1, Chimacum e _ 12/1212008 2791 .~ , Sec19 T29R01E 76 Burns Road Port Ludlow Baker MHB Excavating and (360) 732-4999 _ Paving 12/13/2008 2788 Sec05 T30R01w 392 E Middlepoint Rd Port Townse Snyder Balco Inc (360) 437-2532 12/18/2008 2796 Sec04 T30R01 W 121 Cook Avenue Port Townse Cavette (360) 301-0527 12/1912008 2797 Sec27 T30R01 W 1076 Parkridge Drive Port Townse Johnson Shold Excavating (360) 385-0480 12/20/2008 2798 Sec34 T30R01w 783 Prospect Ave Port Townse Ericsen (360) 301-0324 12/24/2008 2803 Sec23 T30R02W 170 Morrissey Avenue Port Hadloc Johnson CHJ Johnson (360) 379-9709 Trucking & Excavating 12/25/2008 2805 Sec11 T29R01 W 564 Totem Ridge Road Chimacum W indle (360) 732-0348 112/2009 2808 Sec07 T30R01 W 22 J. Popper Lane Port Townse McConnell (360) 344-4101 JFD #2, Quilcene 12/24/2008 2802 Sec03 T27R02W 364 River Ridge Road Quilcene Bauman (360) 732-7126 1/1/2009 2806 Sec02 T27R02W Little Quil Road Quilcene McHugh T. McHugh (360) 301-1763 Development Inc. TFD #1, Rochester 12/13/2008 2792 __ _ _ . Scatter Creek Rest Area _ _ . Rochester Allen Stan Palmer (360) 674-2100 Construction 12/17/2008 2794 Sec32 T16R03W 17717 Pendelton Street Rochester Tillman (360) 273-8047 SW ~ ~~ ~~ ~~ ~- ~ ~ «~ TFD #4, Rainier ~ _ 12!31/2008 2795 Sec03 T16R01 E ~ ~ 12530 133rd Avenue SE Rainier kabaugh Ric ~~ ~ ~ RPD ~ ~ . _ _ (253) 875-0212 ._.._ s , a. y p' TFD #6, East OI m is 12/20I200~ ~ 8 2799 ~ r ~ > . 945 113TH Avenue SE _ _ ~. Olympia Howard ~ (360) 352-5872 12/21/2008 2801 9601 Old Highway 99th Olympia Lenzi (360) 239-4788 Ave SE . - _ _ TFD #8, South Bay 12/17/2008 2724 Sec05 T19R01 W 9025 Otis Beach Street , Olympia Hochstein (360) 878-9412 Tuesday, December 09, 2008 M - 24 e • Port Angeles HarborWorks Development Authority Board of Directors Meeting Jack Pittis Conference Room, Port Angeles City Hall June 4, 2008 ~'4'aiyer of Advance Written Notice: Before calling the meeting to order, President Orville Campbell rioted that, in accordance with the requirements of Port Angeles Ordinance No. 3333, the City Council shall call an organizational meeting of the initial directors within 60 days of the effective date of the Ordinance, and shall cause at least 7 days advance written notice to be given to each director, unless waived in writing. IIl that the requisite 7 days advance written notice had not been provided, he distributed a Waiver of Advance Written Notice that was signed by all directors. Call to Order: President Campbell called the meeting to order at 2:30 p.m. Atteiidance• Directors Present: President Orville Campbell, and Directors Jerry Hendricks, Bart Irwin, Karen McCormick, and Howie Ruddell. • City Representatives City Manager Mark Madsen, City Attorney Bill Bloor, City Clerk Present: Becky Upton, and Deputy Director of Community & Economic Development Nathan West. Port Representatives Executive Director Bob McChesney, Commissioner George Present; Schoenfeldt, and Legal Counsel Steve Oliver. Others Present: Larry Dunn, Lower Elwha Tribe; Linda Rotmark, Clallam County Economic Development Council; Brian Gawley, Peninsula Daily News; and Paui Cronauer, Citizen. Election of Officers: Consideration was given to the election of officers. Manager Madsen advised the Board that, according to State law, the offices of President and Secretary must be filled, but not by the same person. The officers are elected on an annual basis. The Directors felt it would be appropriate to elect a Secretary at this time, and to defer further elections to another meeting. Bart Irwin moved to place the name of Jerry Hendricks in nomination for the office of Secretary. Tl~e motion was seconded by Karen McCormick. Bart Irwin moved to close nominations and call for the question. A vote was taken on the motion, which carried unanimously. • -I- M - 25 Port Angeles Harbor Works Development Authority June 4, 2008 Report of Legal Entity Formation Process: At Manager Madsen's request, City Clerk Upton provided a synopsis of actions taken thus far to meet legal requirements concerning the fon~~atian of the Public Development Authority. City Ordinance No. 3333 was adopted on May 20, 2008; a summary of the Ordinance was published on May 25, 2008, and the Ordinance took effect on May 30, 2008. On the latter date, copies of all initiating documents were sent to the Secretary of State. Clerk Upton also discussed the Call to Meeting, as issued by Mayor Gary Braun on behalf of the City Council. Manager Madsen reported the next steps to betaken are merely fomlalities in the legal formation of the Public Development authority, as documents must be filed with the U.S. Internal Revenue Service to obtain a Taxpayer Identification Number and with the State of Washington to obtain a Unified Business Identifier (UBl7 number. There is no requirement to file as a non-profit corporation, as the PDA is a municipal corporation. Once an accountant or accounting firm is engaged, the above referenced documents can be appropriately filed. Bart Irwin moved to authorize the filing of documents with the IRS and the State of Washington to formalize the entity's creation. The motion was seconded by Jerry Hendricks and carried unanimously. Meeting Times/Dates: The Board directed its attention to the establishment of regular meeting dates and times. Bart Irwin moved that; for the first srx months, the Board of Directors meet on the first Wednesday of each month at 2:30 p.m., after which consideration can be given to changing the regular meeting schedule. Howie Ruddell seconded the motion, which carried unanimously. On~iile Campbell distributed a roster with contact information for all Board members. He asked that any added or corrected information be provided to the City Clerk. Discussion of Draft By-Laws: City Attorney Bloor had earlier distributed a copy of the revised draft By-Laws, and he noted that most changes were of a grammatical nature. However, one substantive change could be found on Pages 3 - 4, Article V -Corporate Offcers, Section S. President: The language in the last sentence was changed to the extent that the President would have general supervision and control over the business and affairs of the Authority in the absence of an Executive Director. The Executive Director will answer to the full Board instead of just the President. Attorney Bloor added that Article IV, Section 11 will be completed to reflect the regular meeting dates, time, and location. Discussion ensued on what would constitute a quorum, as two different numbers are established by the Charter and the By-Laws. Attorney Bloor indicated the Charter is the controlling -2- M - 26 • Port Angeles Harbor Works Development Authority June 4, 2008 document, so the quorum will be set at four. The By-Laws will be changed accordingly. It was noted that the word, later, in Article III should be changed to read, latter. Bart Irwin referenced Article VII -Financial Matters, feeling it is lacking in specificity especially in view of the fact that money will be a significant issue for the PDA. He felt there was a need to add language to the By-Laws to the extent the financial matters would be controlled by a financial resolution in order to protect the public interest. Bart Irwin moved to amend the By- La~vs by adding the following language: "All financial matters, except as herein provided, shall be dealt with as provided by the Board of Directors' Resolution entitled, Standing ResoCutiora on Fi,taf:cial Matters". The motion was seconded by Karen McCormick and carried unanimously. Bart Irwin then directed attention to indemnification of the members of the Board of Directors, officers, and employees. After due consideration, it was agreed that the PDA will need to purchase separate insurance for purposes of indemnification. The City and the Port cannot be held liable for any action of the PDA or its Board. Bart Irwin moved to adopt the By-Laws as amended. Jerry Hendricks seconded the motion, which carried unanimously. • Preliminary Budget Discussion: Manager Madsen asked Nathan West, the City's Deputy Director of Community & Economic Development, to provide input as relates to the Scope of Work. Mr. West addressed Phase I of the Rayonier• report, to include the Critical Path Analysis, with a focus placed on a parallel track for the Rayonier site and the Harbor. Due diligence, to include a site analysis, will be done on the Rayonier site, in addition to a market analysis on the best use of the property in terms of what the Port Angeles market can accommodate. Similar due diligence would take place on the Port Angeles Harbor as relates to the Harbor Resource Management Plan, to coincide with the Shoreline Master Program. Mr. West noted the importance of recognizing various land use issues that must be addressed, such as Comp Ylan amendments or Code changes. He also addressed the focus on clean-up of the site. In addressing the Scope of Work, Manager Madsen felt it would be easier to then understand the staffing requirements of the PDA. He reviewed from his perspective the staffing needs of the organization, as well as the desired expertise and skill levels. Port Legal Counsel Oliver also identified needed expertise because of compliance requirements, file repositories, and the like. Consideration was given to legal requirements for notices of meetings and disclosure of public records. City Clerk Upton briefly summarized the Legal requirements for requests for public records, noting that one request had already been submitted for PDA documents. A Public Records Officer will need to be appointed by the PDA to respond to records requests, and by consensus, the Board suggested that City Clerk Upton serve as the Interim Public Records Officer for the PDA. • -3- M - 27 Port Angeles Harbor Works Development Authority June 4, 2008 Manager Madsen shared information he garnered from Foss' Development Authority in Tacoma, indicating one of the first steps would be to engage an Executive Director. He suggested that the Board consider the appointment of an Interim Manager for 30 - 60 days as necessary. To that end, he suggested That consideration be given to the appointment of Jim Haguewood. Howie Ruddell moved to retain the services of Jim Haguewood as Interim Manager of the Port Angeles HarborWorks Development Authority. Karen McCormick seconded the motion. In the ensuing discussion, it was agreed the Board should meet with Mr. Haguewood for the purpose of conducting an interview. Consideration was given to what types of information the Board would like to receive from Mr. Haguewood during the interview. Howie Ruddell restated the motion to pursue a relationship with Jim Haguewood as Interim Manager, and to have Mr. Haguewood be prepared to provide a resume, a projected scope of work, cost, and conditions of employment. Karen McCormick, as secoy~der of the motion, agreed to the restatement. A vote was taken on the motion, which carried unanimously. It was Hated that Mr. Haguewood could assist in the Executive Director search. Manager Madsen indicated the City's Human Resources Division has been working on a draft job description and has been seeking salary information. He shared information gained thus far on parameters and costs, providing projections if the PDA were to conduct its own job search as opposed to engaging a search firm. For purposes of planning, staffing costs could be projected at $500,000. Manager Madsen indicated that the Board should be prepared to submit letters of request to both the City and the Fort for the funding of staffing and operating costs at a range of $500,000 - $700,000. The payments would be incremental and would be considered callable loans. Port Executive Director McChesney indicated the Interim Manager should formulate the initial budget for consideration by the Board, after which the initial request would be submitted to the City and the Port for approval. The initial budget should include start-up costs for staffing, offices, phones, and the like, and then an amended budget could be considered at a later date. Manager Madsen referenced the City's agreement with tlae Clallam Business Incubator and the possibility of Mz•. Haguewood being tasked to work with the PDA. Special Meeting Date: President Campbell asked the Board to consider the selection of a meeting date to receive a proposal from Mr. Haguewood, and it was agreed the meeting will be held on Monday, June 23, 2008, at 5:00 p.m., in the Jack Pittis Conference Room at City Hall. With reference to the Resolution that was passed earlier, Manager Madsen was asked to provide the Resolution in letter form to the Board. In addition, he was authorized to communicate the Board's needs to Mr. Haguewood in anticipation of t]ie meeting on June 23rd. As an added note, Bart Irwin noted the many State and Federal citations; he felt it would be helpful to receive copies of those citations. Attorney Bloor agreed to provide the documents as requested. -4- M - 28 • Port Angeles Harbor Works Development Authority June 4, 20Q8 Adjoura~n~ent; There being no fiirther business, the meeting vas adjourned at 4:U4 p.~n. ,, / ~ ~,~ Orville Campbell, President Becky J. U n, C r Clerk C~ • _~_ M - 29 Port Angeles IIarborWorks Development Authority Board of Directors Special Meeting City Council Chambers, Port Angeles City Hall June 23, 2008 I. Call to Order: President Campbell called the special meeting to order at 5:00 p.m. II. Roll Call: Directors Present: President Orville Campbell, and Directors Jerry Hendricks, Bart Irwin, Karen McCormick, and Howie Ruddell. City Representatives Councihneznbers Cherie Kidd and Karen Rogers, City Manager Present: Mark Madsen, City Attorney Bill Bloor, City Clerk Becky Upton, Deputy Director of Cotnrnunity & Economic Development Nathan West, Executive Communications Coordinator Teresa Pierce, and Planning Manager Sue Roberds. Port Representatives Executive Director Bob McChesney and Legal Counsel Steve Present: Oliver. Others Present: Jim Haguewood, ONE Group; and Keith Wills, Citizen. III. Approval of Minutes -June 4, 2008 Meeting: Jerry Hendricks moved to approve the minutes of the June 4, 2008, Board of Directors meeting. Howie Ruddell seconded the motion, which carried unanimously. IV. Adjaurn to Executive Session: Befare adjourning to Executive Session, consideration was given to whether or not a record of the proceedings would be maintained. Bart Irwin moved to not have a record maintained of Executive Session, either written or by recording. Jerry Hendricks seconded the motion,. which carried unanimously. President Campbell adjourned the meeting to Executive Session at 5:05 p.m. for approximately 20 minutes, under the authority of RCW 42.30.110(1)(b) consideration of real estate matters; RCW 42.30.110(1)(8), evaluation of the qualifications of an applicant for public employment; and RCW 42.30.110(1)(1), potential litigation. At 5:25 p.m., the Executive Session was extended far another 40 minutes by announcement of the President. At 6:05 p.zxz., the Executive Session was extended for another 10 minutes by announcement of the President. At 6:15 p.m., the Executive Session was extended for another 20 minutes by announcement of the President. At 6:35 p.m., the Executive Session was extended for an additional 20 minutes by announcement of the President. -1- • M-30 • Port Angeles 1Jarbor Works Development Authority June 23, 2008 'V. Return to Open Session• The meeting returned to Open Session at b:53 p.m. VI. Interim Manager: President Campbell reported that the Board had reviewed the qualifications of a prospective Interim Manager, and he opened the floor to discussion. Howie Ruddell moved that the Public Development Authority enter into a contract with Jim Haguewood as Interim Manager of the Port Angeles Harbor'VVorks Development Authority, that President Campbell and Karen McCormick be authorized to sign the contract with Mr. Haguewood, that compensation shall be at least $4,000 for his services, and the duration for the services to be performed is expected to be 60 days. The motion was seconded by ,Terry Hendricks and carried unanimously. VII. Executive Director Search: President Campbell indicated the matter of an Executive Director search had been discussed in terms of Mr. Haguewood's employment, as he is to take direction from the Board in an oversight capacity for the search. He continued that the thinking around the search is that Jim Haguewood, Karen McCormick, and members of the City staff would be involved in putting together a process and procedures for an Executive Director search. No specific time lines were established, as it is understood that it will take time to put the process together. It was suggested that the matter of the Executive Director search be placed on the next • meeting agenda, which was agreed to by consensus of the Board. VIII. Resolution for Reimbursement of Expenses• Discussion was held on the merits of the proposed Resolution. Following discussion, President Campbell read the Resolution by title, entitled RESOLUTION NO. 01-OS A RESOLUTION of the Port Angeles Harbor-Works Development Authority setting forth its intent to reimburse the City of Port Angeles for services rendered a~3d expenses incurred by the City. The Board agreed it is intended that the City will be reimbursed for expenses, but that the usual supportive documentation must be present to assure that reimbursements are properly made. At Bart Iz-win's request, Manager Madsen provided specific examples of what types of expenses can be expected, and he assured the Board that reimbursement is not expected for any expenses incurred prior to the formation of the Public Development Authority. Attention was directed to Sections 1 and 2 of the Resolution. Jerry Hendricks moved to pass the Resolution as read by title, inclusive of the following amended language: • -2- M-31 Part Angeles Harbor Works Development Authority 1uz1e 23, 2008 Section 1 shall be amended to read: Port Angeles Harbor-Works Development Authority shall reimburse, upon approved invoices, the City far {1) services performed by the City an behalf of or for the benefit of .Port Angeles Harbor-Worlcs llevelopment Authority, and (2) e:epenses in daittg so; and Section 2 shall be amended to read: This resolution shall became effective as of May 30, ZOQ8, and approval as required by law. The motion. ~i~as seconded by Howie 12uddell and carried unanimously. IX. Jul~008 l~Teetin~ Consideration was given to agenda items for the next regular meeting scheduled for Wednesday, July Z, 2008. The following items were suggested: 1. Status Repast -Executive Director Search/Pracess 2. Treasurer -Board Member ar Professional`? 3. Status Report -Invoices for Expenses Incurred Year to Date 4. General Discussion of Purpose, Mission, and Goals -Teresa Pierce, Facilitator Adjournment: There being na further business, the meeting was adjourned. at 7:25 p.m. -~ ~ n ~~ ~~ ~~~ c President Campbell resident Beck . U n, City Jerk 3 M-32 • Port Angeles HarborWorks Development Authority Board of Directors Meeting Jack Pittis Conference Room, Port Angeles City Hall July 2, 2008 I. Call to Order: President Campbell called the regular meeting to order at 2:30 p.m. II. Roll Call: Directors Present: President Orville Campbell, and Directors Jerry Hendricks, Bart Irwin, and Karen McCormick. Directors Absent: Howie Ruddell. Czty Representatives City Manager Mark Madsen, City Attorney Bill Sloor, City Clerk Present: Becky Upton, Deputy Director of Community & Economic Development Nathan West, Human Resources Manager Bab Coons, and Executive Communications Coordinator Teresa Pierce. Port Representatives Executive Director Bab McChesney and Legal Counsel Steve • Present: Oliver. Others Present: Kezth Wills, Citizen; and Brian Gawley, Peninsula Daily News. III. Approval of Minutes -June 23, 2008 Meeting: Karen McCormick moved to approve tl~e minutes of the June 23, 2008, Board of Directors special meeting. Bart Irwin seconded the motion, which carried unanimously. IV. Status Re ort -Executive Director Search/Process: Bob Coons, City Human Resources Manager, distributed a packet of draft documents containing an itemization of Skills and Abilities, a memorandum on the PDA Executive Director recruitment, a Request for Statements of Qualifications and Interest, and a job description for the Executive Director. He reviewed the required staff and skill sets for each position and potential skills far which the Public Development Authority can contract in the private sector. Mr. Coons also reviewed information relative to recruitment of an Executive Director, noting costs, time lines, and advertising that might be associated with a regional, national, and/or local search, as well as the qualifications of the ideal candidate. Lengthy discussion followed on the possibility of issuing a Request for Qualifications and Interest in order to contract with an outside firm to do the Executive Director type of work, particularly because it maybe difficult to recz-uit qualified candidates. The Board acknowledged • -1- M-33 Port Angeles Harbor Works Development Authority July 2, 2008 the need to thoroughly review the documents distributed in order to establish a final jab descriptions, salary, and benefit package before recruitment efforts can commence. Additionally, it was agreed that Jim Haguewood's position and role as the Interim Director will need to be addressed rather quickly. Mr. Haguewood will be asked to set a meeting schedule for the Board to meet with firms interested in contracting for the Executive Director position so that concuzrent efforts can be underway on recruitment, as well as possible RFQs. Consideration was given to the language in the jab description, and the Board provided input to Mr. Coons as to possible specific changes. V. Status Report -Invoices for Expenses Incurred Year to Date: Mark Madsen distributed an activity report tluough June 27, 2008, reflecting expenses incurred by the City on behalf of the Public Development Authority. He indicated the report showed expenses for salaries, materials, and office supplies, all at the City's cost. • VI. Purpose, Mission, and Goals:. City Executive Communications Coordinator Teresa Pierce distributed a draft document that included a possible Mission Statement, as well as Goals & Objectives, and she then facilitated discussion to work towards a final document. Suggestions and changes were made, and Ms. Pierce indicated she would e-mail the edited document to the Board members for further review. VII. Other Business: Discussion then centered around financial guidelines being drafted for the Public Development Authority, fund transfers from the Port and Ciry to the PDA, the need for bonding and insurances, whether the Treasurer must come from the outside or from the membership of the Board, the scope of the Treasurer's duties, and the potential need for the City to provide interim services. Also considered was the need to prepare a budget. Steve Oliver suggested that City and Port staff members prepare an interim financial structure for presentation to the Board at the next meeting. The Board agreed by consensus that a special meeting should be held to consider the information to be provided on the Treasurer's position, as well as the recruitment for the Executive Director. The date for the meeting will be established at a later date. VIII. Execufive Session: President Campbell adjourned the meeting to Executive Session at 4:28 p.m. for approximately %2 hour under the authority of RCW 42.30.1 i0(1)(b), property acquisition, with no action to follow. IX. Return to Open Session: Tlie Executive Session concluded at 5:00 p.m., and the Board convened in regular open session. No action was taken. / -2- • M - 34 • P©rt Angeles Harbor Vi~orks Development Authority July2, 2008 X. Acij,ournment: There being no further business, the meeting was adjourned at 5:00 p.m. .-, i fT / ~ f ~ r Orville Campbell, Preside: ~ Becky J. Upt , Cit Clerk • • -3- M-35 Port Angeles HarborWorks Development Authority Board of Directors Special Meeting Port of Port Angeles Commission Room July 16, 2008 I. Call to Order: President Campbell called the special meeting to order at 10:00 a.tn. Ii. Roll Call: Directors Present: President Orville CampbclI, and Directors Jerry Hendricks, Bart Irwin, Karen McCormick, and Howie Ruddell. Directors Absent: None. CityRepresentatives None. Present: Port Representatives Sylvia Teichert. Prese~it: Others Present: Jim Haguewood and Linda Rotnxark. President Campbell stated the purpose of the special meeting was to interact with Maui Foster Alongi, and later this afternoon, with CH2M Hill, to discover what services and resources these engineering firms may bring to the PDA. III. Maul Foster Alon~i: Jim Maul, President, introduced additional members of the company present today: Michael Stringer, Steve Pottle, and Tyler Vick. He noted they have been involved with the project for approximately a year. Mr. Maul distributed a Redevelopment Policy Analysis on the Rayonier Property prepared by Maul Foster Alongi, as well as a Summary of Professional Services offered by the company. Mr. Maul itemized services already provided by-the company in that they compiled a number of stakeholder meetings; assisted the City with community outreach; prepared an analysis based upo~~ stakeholder interviews; and covered issues such as entitlement, economic development, environmental restoration, and land use policy. The company also put together a conceptual development plan and prepared an analysis in what it would take to get property for redevelopment. Individual Board members asked questions and requested that Mr. Maul explain what is needed to get started, along with an explanation of the strengths and weaknesses of their company. _l_ M - 36 • Port Angeles HarborWorks Development Authority Jury 16, 2008 The ensuing discussion involved a summary of parallel projects on which Maul Foster Alongi has worked in the past, an overview of how the PDA can get organized, and identification of the needs of the PDA to assemble staff support in some manner. Mr. Maul summarized the capabilities of the firm. Considerable discussion was held on the different levels and standards of clean-up required for different types of uses. Mr. Maul indicated he had read the job description, which was consistent with the types of services provided by their firm. Maul Foster Alongi has 54 employees with great expertise. They are of the opinion that it would be important to have a regular local contact with a visual presence and an office in the community, and Maul would hire that individual as one of their employees. He noted the company is strong in the areas of planning, environment and land science, which comes from representing heavy industrial clients. The firm also has a great deal of expertise in stormwater issues. Mr. Maul believed they are unique in their understanding of the way the community can interact with Ecology and other partners, and how it can result in a successful project. The firm also has experience in working with the tribes, and having been in direct communication with a number of large players for aver a year and a half, the firm would be ready to start work tomorrow. Discussion was held on specific skills of an Executive Director or Executive Secretary, and it Discussion was also held on Ecology's expectations as relates to the need for controls, credibility, and accountability. Maul addressed potential time lines on the marketability of the project, indicating a best case scenario would be five years, and a worse case scenario would be ten years. Maul expressed the belief that, to the extent the PDA can drive the schedule on all fronts, accelerate the plan, and obtain Ecology's buy-in, then the schedule could be shortened. Maul stressed the importance of creating a sense of urgency. When asked what needs to be done next if the PDA were to proceed with Maul, it was suggested that a kickoff meeting be held, a contract entered into, and a budget constructed to include preliminary planning and scoping in order to develop a prioritized action plan with associated time lines. Also, it vvas stated that the community needs to be kept aware of the plans and activities. was felt beneficial to seek someone with experience in clean-up projects, planning, and community outreach. Technical qualifications would be only half of the consideration, and it was noted that the ideal candidate could be an environmental engineer who has the ability to connect with the community. Further attributes of the ideal candidate would be someone with community roots and who has strong communication and organizational skills. President Campbell adjourned the morning session at 1 I:34 a.m., indicating the Board would reconvene at 2:00 p.m. to meet with CH2M Hill. C -2- M-37 TV. CH2M Hill: Martin Powers, Operations Leader and Engineer out of the Bellevue office, O addressed the Board, statizlg the company has been fallowing this project for several years and is, therefore, very familiar with it. He was pleased the project is moving forward. Mr. Powers introduced another CI-i2M Hill staff member, Ken Shump, who is the Principal Hydrogeologist. Copies of a corporate overview, in the farm of a PowerPoint presentation, were distributed to the Board members, along with an evaluation of CH2M Hill Capability. Mr. Powers explained in detail the company's capabilities to fulfill or support the Executive Director "Duties and Responsibilities". The company was established in 1946, and Mr. Powers provided a historical overview, noting the company is employee owned and expects the highest of values and integrity in its staff. There are over 24,000 employees worldwide that encompass 7 continents. He summarized the company's experience and role in a wide range of projects, both nationally and internationally, to include the Panama Canal, Dubai, and the 2012 Olympics in London. Discussion followed on such factors as the cost of remediatian, the economics involved in the different levels of clean-up, and the need for specificity with the Department of Ecology. Discussion also focused on the need for grant funding, and CH2M Hill has a great deal of experience in l,*~•anting writing. There is a signif cant amount of grant funding available. Mr. Powers explained the matrix table in the handout, identifying which resources could be provided by CH2M Hill and which resources might be outsourced to other recommended firms. In the ensuing discussion, consideration was given to how the PDA can get started, and Mr. Powers indicated there is typically one contact, a director or manager, and that individual would O then work directly with the project manager at CH2M Hill. There will be the need for a singular local point of contact for the PDA to work with the firm's project manager. In considering a time frame, it would be projected to take 90 days to negotiate a property purchase and b months for the Ecology consent process. Efforts should commence to attract developers, and it would be projected to take approximately one year to execute remediation of the upland site, Residential uses may add a year, so it is projected the overall project could take 2 - 3 years. President Campbel thanked the Company for its presentation. V. Adjaiirnment: There being no further business, the meeting was adjourned at 3:30 p.m. Orville Campbell, President Becky J. n, ty Clerk /l -3- M-38 • Poz-t Angeles HarborWorks Development Authority Board of Directors Special Meeting Vern Burton Conference Rooms, City Hall August 6, 2008 I. Call #o Order: President Campbell called the meeting to order at 2:30 p.ni. II. Roll Call: Directors Present: President Orville Campbell, and Directors Jerry I-lendricks, I3art Irwin, Karen McCormick, and Howie Ruddell [azxived at 2:32 p.m.). Directors Absent: None. City Representatives City Manager Mark Madsen, City Attorney Bill Bloor, City Clerk Present: Becky Upton, Deputy Director of Community & Economic Development Nathan West, and Executive Communications Coordinator Teresa Pierce. • Poz-t Representatives Executive Director Bob McChesney and Dave Hagiwara, Deputy Present: Executive Director. Others Present: Jim Haguewood, Interim Manager. III. Approval of Minutes -July 2, 2008, Board of Directors Regular Meetii~ and July 16, 2008, Board of Directors Special Meeting Bart Irwin moved to approve the minutes of the July 2, 2008, and July 16, 2008, meetings as presented. Karen McCormick seconded the motion, which carried unanimously. ><V. Long-Tenn Management Discussion: Tim Haguewood facilitated discussions on the strengths and weaknesses of three models for long-term management for the Port Angeles HarborWorks Development Authority: a contracted firm, a contracted executive, and a hired executive. The discussion involved consideration of a hired executive director in combination with a contracted firm to provide certain pieces of expez•tise and resources not available in a staff. Consideration was also given to the potential for grant funding and the requirement that the grants be tied to the clean up of the Port Angeles Harbor. Emphasis was placed on the advantages of having a hired executive with a local presence in the interest of marketing, community image, and the like. Another view was expressed that, if the PDA were to contract with the right individual, then a local presence could still be maintained. Consensus was reached that, if a contract is to be pursued, then it should be scope based. It was also agreed there should • -1- M-39 Port Angeles Harbor Works Development Authority August 6, 2008 be a "store front". The Board reached consensus that it would look for a project manager and then determine the subsequent direction in teens of hiring or contracting the executive. V. Preliminary Budget: President Campbell presented the proposed budget for the period ending December 31, 2008, indicating there are many unlalowns at this time. Nevertheless, the projected budget indicated the City and Port would share in the funding at a level of $150,000 each, subject to approval by their governing bodies. Bob McChesney felt the equity contribution should be sufficient to provide working capital so the Authority can proceed. Consideration was given to specific line items in the budget, and Mark Madsen shared information relative to a Strategic Rayonier Site Symposium which, after due consideration, the Board agreed would be worthy of consideration but should be referenced in the budget as "investigation and outreach". Discussion was also held on insurance levels for directors and officers. President Campbell felt it would be appropriate to adopt the budget so formal requests for funding can be submitted to the Port and the City. He noted the City had submitted an invoice for expenses, to date, in the amount of $5,036.84. Jerry Hendricks moved to approve the proposed budget through December 31, 2008, as modified. Howie Ruddell seconded the motion, which carried unanimously. President Campbell indicated the requests for funding would be submitted to tlae Port and City for consideration at their upcoming meetings. VI. Pur ose Mission and Goals: The Board a reed to defer this discussion to another P ,. n g meeting. VII. Proposed Change in By-Laws -Meeting Location: Jim Haguewood informed the Board that the By-Laws currently state that, for the first six months, beginning in 3uly, 2008, regular meetings of the Board of Directors shall be held monthly on the first Wednesday of each month commencing at 2;30 p.m. at Port Angeles City Hail, Jack Pittis Conference Room. Because the meetings are often held elsewhere in City HaII, it would be helpful to amend the 13y- Laws, striking reference to the Jack Pittis Conference Room. Specific notice must be provided to the Board members before an amendment can be enacted, so Mr. Haguewood recommended this be placed on the next meeting agenda, to which the Board agreed. VIII. Pro,Qosed Letter to Governor: President Campbell had e-mailed for the Board's review a draft letter to be sent to the Governor on the current activities of the PDA and its commitment to accomplish its purpose as directed by the City Council's enabling ordinance and the interlocal agreement between the City and the Port of Port Angeles. Discussion followed, and various changes to the letter were suggested. President Campbell and Bart Irwin offered to work on the letter to incorporate various changes. Accordingly, Jerry Hendricks moved to authorize Orville Campbell to proceed with sending the letter to the Governor once modified. The -2- M - 40 • • • Port Ar.~geles Harbor Works Development Authority August 6, 2008 motion was seconded by Karen McCormick and carried unanimously. lX. Executive Sessian: President. Campbell adjourned the meeting to Executive Session at 4:10 p.m. for approximately 20 minutes under the authority of RCW 42.30.I:10(1)(g), to evaluate qualifications of applicants for public employment, with no action to follow. At 4:30 p.m., the meeting was extended for an .additional 15 minutes b}' announcement of President Campbell. X. Return to €)pen Session: The Executive Session concluded at 4:45 p.m., and the Board convened in regular open session. No action was taken. X. Adjournment: There being no further business, the meeting was adjourned. at 4:45 p.m. ~ ~ ~- ~... On~ille Campbell, resident Becky J. U n, Clerk -3- M-41 Port Angeles HarborWorks Public Development Authority O Board of Directors Meeting Septembez• 3, 2008 Pozt Angeles City Hall, Vern Button Meeting Room MINUTES 1. Call to Order: 2:27pm 2. Roll Call: Pzesent: Orville Campbell, Bart Irwin, Howard Ruddell, Jerry Hendricks (via phone) Absent: Karen McCormick Staff: Jim Haguewood, Interim Director City of Port Angeles: Bob Coons, Councilperson Cheri Kidd, Councilperson Karen Rogers Poz•t of Port Angeles: Bob McCheasney, Bill James Othez•s: Larry Dunn, Becky McGinty, .Iohn Bora, Norma Tuz•nez•, Shirley Nixon, PDN, Francis Charles, Jim Jones, Mike Chapman, Paul Perlwitz 3. Minutes: No changes we presented, Bart Irwin moved, Howard Ruddell seconded, and minutes were approved as presented. 4. Public Comment: Norma Turner, presented a written document including questions of• the PDA. Her primary questions and concerns were regarding the budget, formation of the PDA, direction of the Boaz•d• Is this Boaz-d considered a temporary Board? John Bora, stated the PDA is a "big opportunity" and it is very exciting what you are doing. Mr. Bozo offez•ed his expertise and experience to the PDA and he wished "good luck". Shirley Nixon, expressed concerns regarding the procedures followed during the formation of the PDA. She asked whether the Board had an electronic email or communications system for interested citizens. She also recommended that the PDA secure "very good" independent legal counsel. She concluded by expressing concern and that it is not clear what the mission of the PDA is and what is its "splaez•e of influence". Frances Charles, expressed the importance of tribal involvement in the PDA activities, that consideration should be given to a tribe representative on the Board and finally to recognize the cultural nature of the property. Cheri Kidd, expressed thanks for the Board adding a public comment period to the agenda and also asked if there wez•e agenda handouts. M - 42 5. Bylaw Change Consideration: Bart Irwin ~zioved to continue this item to the Next regular meeting due to the fact that Karen McCormick was not present, Howard Ruddell seconded. The motion was approved unanimously. 6. Finance Systems and Structure: BiII James, Finance Director with the Port of Port Angeles presented to the Board that he had just met with Amy Kehi, local State Auditor representative and urged the PDA to meet with Izer ASAP before the systems were developed to ensure appropriateness. Mr. James handed out materials regarding the State Investment Pool, an example RFP the Port utilized fo~• banking services, and a list of local banks. A key point was that the City of Port Angeles is required to include the PAHWPDA financial status in their yearly budget reporting. The PDA will be considered a "Discrete Component Unit." Mr. James presented a discussion of the difference of accrual versus cash basis accounting. Mr. James requested that the PDA have secured insurance coverage before the Port of PA would issue a check. It was understood that and "insurance binder" would be sufficient. The Board agreed to set up asub-committee to meet with Amy IClzile, Jerry Hendricks, Bart Irwin, Karen McCormick and Jim I-Iaguewood 7. PDA Bank Accounts: Jim Haguewood presented criteria for consideration, full service bank with commercial lending, and localized focus for funds and investing, FDIC insured. Bart Irwin moved and Howard Ruddell seconded that Jim Haguewood be granted authority to setup bank accounts as determined by the subcommittee and compliance with the State, City and Port. The motion passed unanimously. 8. PDA Insurance: Bob Coons presented a coverage package and quote from Endiz•us. Endirus specializes in small municipal organizations and PDA's, $9500 yearly premium was a "good price" for the $10M in coverage and that the policy was a blanket policy. 'T'he policy would begin on September 1, 2008. Mr. Coons had completed the application and it was read}r for signature upon appz•oval. $art Irwin moved to approve the resolution and authorized the Chairman to sign the policy, Howard Ruddell seconded. The motion was approved unanimously. A check will follow shortly to make sure the policy is in place. 9. IJxecutive Director Recruitment Plan: Bob Coons presented handouts describing the plan and a short and long advertisement language. The advertisements will include a salary range as Determination of Qualifications (DOQ). Bart Irwin moved to approve and execute the plan as presented including the job • description, Howard Ruddell seconded. The motion was approved unanimously. M - 43 10. Selection of Legal Counsel: Bart Irwin moved to include this item in the Executive Session., Howard Ruddell seconded the motion and it was approved unanimously. 11. City of Port Angeles Loan Agreement: Howard Ruddell moved to approve the agreement, Bart Irwin seconded. The motion approved unanimously. Bart Irwin commented on the "gratuitous nature" of tlae agreements hold harmless section. Also, that Orville Campbell will be signing as a PDA Board member not an individual. 12. Qrville Campbell removed items #13 and #15 from the agenda at this time, 13. Short term stakeholders meetings: DNR invitation for meeting on September I S`~' to get acquainted -Jerzy Hendricks and Orville Campbell Jim Fendowski, DOL -Orville will contact via phone and determine a meeting date. Howard Ruddell provided a brief update on his telephone discussions with Frances Charles and the Lower Clwha Tribe. The Board agreed that Karen McCormick should join Howard. Rayonier - TBD Shirley Nixon and Noz•ma Turner -Howard Ruddell and Jez•ry Hendz•iclcs 14. Electronic Communications: Jim I-Iaguewood presented a descz•iption and plan to institute a Harboz•Works email system including securing domain names. Howard Ruddell moved to set up a HarborWorks email system with individual Board member addresses, Bart Irwin seconded. The motion passed unanimously. i 5. Peninsula Daily News Public Records Request: Orville Campbell described his conversation with Paul Gottlieb regarding the request and a formal letter. He also provided the Board with a Letter of Resignation by Becky Upton, City of Port Angeles Clerk as the FDA's information offzcer. Orville offered to provide the role of Infoz•mation Officer in respect to the PDN request. The Board agreed to individually provide Orville Campbell with al] emails relating to the FDA in 1 S days -September 18`x'. Jerry Hendricks and Batt Irwin both expressed a need for the PDA to have a policy in place regarding public records request. • M - 44 • 16. PDA Information Officer: Jim Haguewood provided a brief update on his research regarding aadministrative/information officer for the PDA. Primarily contacts had been made with paralegals in the area with one contact; Cindy Pritchard. Howard Ruddell stated the success that he has had with Express Personnel and recommended contacting them. Howard Ruddell moved to have Jizn Haguewood contact and secure administrative/information officer sez•vices through Express Personnel. The motion was unanimously approved to have the person in place by the next Boaz•d meeting. 17. Brownfield Grant: Jizxz Iaguewood presented a document that outlined an EPA Brownfield Grant program. He also has made contact with Patti Moz•z•is, a local grant writez• that is available to prepare it if the Board felt it as a priority. The Board was concerned about the length of time to prepare the grant and also that the prelimizlary nature of the organization it is difficult to determine exactly "what" the grant would request. EXECUTIVE SESSION AT 4:25 OPEN SESSION RESUME AT 5:03 18. ONE Group Contract Extension: Jim Haguewood had presented the Board a letter • requesting a determination of the current contract start date (.Tuly 16`") and an extension of the contract for another 60 days. Bart Irwin moved to amend the Letter and extend the contract with ONE Group for 75 days for $7500, September 15 -December 1. Howard Ruddell seconded the motion. The motion was approved unanimously. 19. PDA Counsel: Bart Irwin volunteered to contact John Rutz and Rob Tulik regarding availability. The Board was in consensus that the PDA needs local counsel that does not have a relationship with the City or Port. Meeting adjourned 5:15 M - 45 Port Angeles HarborWorks Public Development Authority O Board of Directors Meeting September 17, 24Q8 Port Angeles City Hail, Vern Burton Meeting Room MINUTES 1. Call to Order: 2:31 pm 2. Roll Call: Present: Oz•ville Campbell, Howard Ruddell, Jerry Hendricks, Karen McCormick (via phone) Absent: Bart Irwin Staff: Jim Haguewood, Interim Director City of Poz-t Angeles: Nathan West Port of Port Angeles: Bob McCheasney, Bill James, Commissioner John Calhoun, Commissioner Jim Mclntire Others: Tom Collis, PDN, Paul Pearlwitz, Pam Macas, Linda Rotmark 3. Minutes: Orville provide a copy of the September 17ti' meeting minutes with corrections. Howie Ruddell moved and Jerry Hendricks seconded, and minutes were approved as presented. 4. Public Comment: No comments presented. 5. Communications with Ecology: Orville Campbell met with Jim Pendowslci and provided an update on the organizational status. The Board agreed to send a note zequesting information on the following items: • DOE clean up status ^ Funding availability ^ Status of harboz• monitoz•ing ACTION -the Board agreed to have Orville prepare a letter requesting a presentation before the Board and DOE available dates. 6. Finance: Jim Haguewood updated the Board on the coordination activities on a meeting with local State Auditor Staff. The meeting schedule for Thursday will need to be cancelled and reschedule the following week based upon City of Port Angeles staff availability. The Kitsap Bank account documents are ready for Orville Campbell and Jerry I-lendricks to sign at the conclusion of the meeting. The Port of Port Angeles loan agreement needs to be prepared by the Port and will be done next week per Bob McCheasney. Jerry Hendricks moved and Howie Ruddell seconded to authorize Jim I~Iaguewood to send a request to the City for PDA funding. The motion was approved unanimously. M - 46 • 7. Le al Counsel Selection: Jim Ha uew g g ood provided an outline of events that have been conducted to secure PDA legal counsel including Bart Irwin's interviews with Iota! attorneys. The essence of the discussions is the level of interest, relationship with either the City or Port and connections to Seattle based firms with specialties related to future PDA activities. Bart Irwin recommended Jim Haguewood to interview Rob Tulloch regarding the possibility of providing legal services to the PDA. 8. Executive Director Recruitment Plan: Jim Haguewood provided the current status of the recruitment plan, December 1 S` Executive Director start date with two applications and resumes zeceived. Howie Ruddell express concerns about the current PDA staff capacity and the length of time before permanent staff will be secured. He stated that the time taken to secure permanent Executive Director will have negative impacts on the implementation of PDA activities. Board discussion continued regarding the potential of enieriiig into a consultant services contract with Mark Madsen primarily to access the institutional knowledge that Mr. Madsen has regarding PDA creation and stakeholder relationships. Jerry Hendricks supported the idea specifically to access his services for interim activities and work on the symposium. Howie Ruddell moved and Jerry Hendricks seconded to authorize Jim Haguewood to contact Marie Madsen and prepare a scope of work and contract for consideration at the October 1 S` meeting. The motion passed unanimously. 9. NOAA Opportunity: Bob McCheasney, Executive Director of the Port of Port Angeles, updated the Board on the Poz•ts activities regarding the NOAA Pacific Marine Research Facility. This project is a top priority of the Port; they have been tracking the project of one year. He stated that October or November will be the timeline for solicitation for offers. Final proposal submission is predicted to be in Q2 of 2009. Rayonier is seen as a very attractive site by Port staff and Commissioners. It includes important elements such as isolation and campus environment. The RFP is considered to be very competitive with NOl1,A having an existing intellectual relationship with the Seattle I-5 corridor. The Port sees fhe major community partners in the package development being, Clallam EDC, Harboz•Works, Battelle, POPA ,and City of PA. The PDA has in important role and starting now. Commissioner Calhoun commented that it will be important to communicate the advantages of the Rayonier site including a potential conceptual design of the entire property. He also suggests that the PDA consider acquiring a `right of entry" from Rayonier so that access to be the site is available. • The POPA will coordinate a taskforce meeting in the coming weeks. M - 47 vi ed the 10. Meeting with the Remed~ators: Jerry Hendricks and Orville Campbell pro d fundamental nature of a meeting with the soil remediation company. The local company located in the Incubator is interested in conducting testing and reclamation of soil on the site. 11. Meeting with DNR: Orville Campbell and Jerry Hendricks met with David Roberts and Brady Scott from DNR. The DNR staff suggested that Harborworks contact and review what the Port of Bellingham is doing. Also, that there is a major concern regarding property ownership at the Rayonier site; who owns the harbor areas fills? The POPA has the legal right to own and manage these harbor areas. It will be scheduled that the DNR attend the November 5`~' Board meeting for an extended discussion. 12. Website: Jim Haguewood provided the Board with an explanation of the email addresses that are active for each Board meeting and contact information for Craig Johnson for I'T' assistance if necessary. Discussion continued between Board members on the need for a website to provide public access to organizational information and activities. Jim Haguewood will provide suggestions and information at the October meeting. Discussion also continued regarding the status of each Board members compliance with the PDN public records request. Thanks were extended to Orville Campbell for his assistance and coordination with this issue. Meeting adjourned 4:13 M - 48 • Poz-t Angeles HarborWorks Public Development Authority Board of Directors Meeting October 1, 2008 Port Angeles City Ilall, Vern Burton Meeting Room MINUTES I. Call to Order: 2;32pm 2. Roll Call: Present: Orville Campbell, Howard Ruddell, Jerry Hendricks, Karen McCormick, Bart Irwin Staff: Jim Haguewood, Interim Director, lob Tulloch, Attorney City of Port Angeles: Jez-z•y Osterman, Nathan West Poz•t of Port Angeles: Bob McCheasney, Bill James Others: Tam Callis, PDN, Paul Pearlwitz, Pam Macas, Jack Markley, Arma Barrega, Norma Turner, Anna Clawsen, Cherie Kidd, Larry Dunn, Matt Beirne, Diclc Pilling, Shirley Nixon, Mike Rauch, Dick Goodman, KONP, John Marrs, 3. Minutes: Jerzy Hendricks moved and Howard Ruddell seconded, Bart Irwin abstained due to meeting absence, the minutes were approved as presented. 4. Public Comment: ^ Shirley Nixon commented on the legal authority of HarborWorks PDA and adherence to the Washington State Open Meetings Act. ^ Norma Turner, provided comments in writing. ^ Jack Maz•kley, express disagreement with the HarborWorks creation process and the former City Manager's past and futuz•e izzvolvement ^ Mike Rauch, commended the City and POPA for the creation of HarborWorks 5. Selection of Legal Counsel: Jim Haguewood presented a brief overview of the review, selection and nomination of Rob Tulloch as HarborWorks legal counsel. ACTION: Bart Irwin moved and Howard Ruddell seconded to approve Rob 'Tulloch as HarborWorks legal counsel. Jerry I-Iendricks commerned that he had »ot znet with Rob, but felt that he was a good candidate. 'The motion was approved unanimously. 6. Approval of Express Personnel Contract: Karen Kilgore: Jim Haguewood provided a brief overview of the review and interview process leading up to the selection. Karen's pz•eliminary areas of focus will be administration, research, NOAA suppoz•t and website content development. Baz•t Irwin asked if this position vas going to fulfill the role of information offcez•, under the direction of the Executive Directoz• and the public recoz•ds officer. Jim Haguewood responded, "yes" ACTION: Bart Irwin moved. and Jerry Tendricks seconded to hia•e Kaz•en Kilgore. The motion was approved unanimously. • M - 49 7. Stakeholders Meetings: Orville Campbell contacted Jim Pendowslci from DOE regarding a presentation at the Novezxzber 4 regular meeting. In addition there was discussion regarding a Puget Sound Partnership presentation by Jim Cambilak at the same meeting. Orville would make contact with them to coordinate presentations. Jez•ry Hendricks commented that it would be important to have a DNR presentation also. Orville Campbell also added that there was a potential opportunity for a meeting with Rayonier on October 23 or 24`x' and that he would e-mail the board. 8. Public Records Policy: Jerry Hendricks provided the board with the review of the documents that were sent in the Board packet. The foz•mat and fee schedule was modeled after the City of Fort Angeles policy and documents. ACTION: Bart Iz•win moved to approve based upon review by legal counsel for efficacy, Karen McCormick seconded, the motion passed unanimously. 9. City of Port Angeles MOU with DOE, Nathan West: Nathan West, Community and Economic Development Director for the City oi' Port Angeles provided the board with a brief discussion regarding the City of PA interlocal agreement with Department of Ecology. 'I~he agreement has been under discussion for the majority of 2008 and includes supporting the redevelopment steps, conducting local symposiums, conducting due diligence concluding with phase I, implementation ofphase II and ultimately with property transfer and redevelopment. 10. Financial Systems: Jim Haguewood load presented the board with a memo outlining recommendations for moving forward with a financial systems and structure based upon recent meetings with Washington State Auditors staff. The board agreed in consensus to move forward with the system and structure that was outlined in the memo. Bill James will request support and approval by the fort of Port Angeles Commissioners prior to the next meeting. 11. Executive Director Recruitment Plan: Jim I-iaguewood provided an update to the Board of Directors on the 14 applicants, four local, west of Seattle, and from seven states. The board members agreed to look over tl~ze two resume packages and have deliver their top five recommendations to Bob Coons by 1~riday. It was reinforced that the applications and the applicants name are strictly confidential at this time. The schedule is still on target to have an Executive Director hired and on the job by December 1. 12. NOAA Opportunity: Bob McChesney, Poi of Port Angeles, reported to the board that there is no RI{P announcement by NOAA as of yet. The Port of Port Angeles considers the NOAA project to be a high priority and will host a community leadership task force meeting in the coming weeks. Jerry Hendricks commented that this will require full coznznunity support and HarborWorl<s should be ready to play a sigizificant z•ole. He continued to say that this type of proposal is large and needs to be comprehensive in nature. 13. Port of Port Angeles Loan Documents: Bab McChesney commented to the board that the Port of Port Angeles loan agreements with HarborWorks have been approved by the Port Commissioners and are ready for Haz•boi•Works Board of Director approval and signatures. M-50 • ACTION: Bart Irwin moved to approve the agreement and the authorized Chairman Orville Campbell to sign the documents on behalf of HarborWorks. Motion was seconded by Howard Rendell, and passed unanimously. 14. PriorityONl Advisors Contract Consideration: The Board of Directors were presented with a draft contract in advance of the meeting and conducted extensive discussion. The discussion included a question of the rate difference between the I-larborWorks contract, $225 per hour versus the Port Angeles contract, $16~ per hour. In addition a question was raised regarding the HarborWorks contract and how it may overlap or coordinate with Mark Madsen's contract with the City Port Angeles. Bart Irwin commented that the special knowledge held by Mark Madsen could be valuable to HarborWorks but was still concerned about the relationship to the future full-time director. In addition agreed that the structure of the contract should be based upon task orders of work. Jerry Hendricks commented that he agreed that it should be on an on-demand relationship. ACTION: Bart Irwin moved to table the PriorityONE Advisors contract; the motion was seconded by Karen McCormick, and passed unanimously. 15.Other Business ^ Bart Irwin raised a concern regarding the board's lack of ratification of Orville Campbell as Chairman and his previous actions on behalf of I-Iarbor'Works. ACTION: Bart Irwin moved to ratify Orville Campbell as Chairman and his term as specified; the motion was seconded by Howard Ruddell, and was unanimously approved • IzJxecutive session: the Board agreed to adjourn to I/xecutive Session for 10 minutes starting at 4:17 regarding real estate matters. The meeting returned to regular session at 4:31 with the motion by Bart Irwin to adjourn the meeting, seconded by Jerry Hendricks and approved by the board. • M-51 HarborWo~ks Port Angeles Harbor-Vl~orks Development Audlority Board of Directors Special Meeting Vern Buz-ton Conference Rooms, City Hall October 29, 2008 MINUTES 1. Call to Order The meeting was called to order by President Orville Campbell at 2:34 p.m. 2. Roll Call Directors present: President Orville Campbell and Directors Howard Ruddell; Jerry Hendricks, Karen McCormick, and Bart Irwin Staff present: Jim Haguewood, Rob Tulloch, Karen Kilgore City Representatives Present: Bob Coons, Nathan West Others Present: Norma Turner, Larry Turner, Pam Macas, Carole Boardman, John Ford, Sean McDonald 3. Request to Modify Agenda In zesponse to a z•equest from Nozzna Turnez•, the agenda was modified to move item 3 (Executive Session) to become item 12. The change was agreed to by all. 4. Approval of Minutes of October 1, 2Q48 Board of Directors Meeting MOTION: Bart Irwin moved to revise Paragraph 13 of the minutes of the October 1, 2008 Board of Directors meeting to reflect the adoption of resolution 3-08 as follows: ACTION: Bart Irwin moved to adopt a resolution approving the loan agreement with the Port of Port Angeles azld authorize President Orville Campbell and Secretary Jerry Hendricks to sign the document on behalf of Harbor-Works. The motion was seconded by Howard Ruddell and passed unanimously. RESOLUTION N0. 03-08 BE IT RESOLVED: Port Angeles Harbor-Works Development Authority shall enter into a loan agreement with the P ort of Port Angeles to borz•ow the sum of One Hundred Fifty Thousand Dollars ($150,000.00} and authorizes Orville Campbell, as president, and Douglas G. Hendricks, as secretary, to sign on behalf of the c: ~. -1- M - 52 • The motion was seconded by Howard Ruddell and carried unanimously. MOTION: It was moved by Bart Irwin and seconded by Jez•ry I Iendricks to adopt the minutes of October 1, 2008 Board of Directors meeting as revised. The motion carried unanimously. 5. Public Comment Norma Turner made the following com-nents: • She thanked the directors for movizag the Executive Session to the end of the meeting. • She is not convinced that. the PDA plays a significant public z•ole in the community. • She is concerned about a lack of compliance with the Open Public Meetings Act based on a newspaper repoz•t quoting Orville Campbell about a meeting between Harboz•-Works and Rayonier. • Regarding a possible contract with Mark Madsen, she wonders what expertise he brings, and if anyone has interviewed his foz•mer employers. • She thanked the Directors for the opportunity to speak, and for modifying the agenda. Jerry Hendricks commented that he too was troubled by the news article. He stated that he and President Campbell did participate in a meeting with Rayonier but that it did not include any propez•ty negotiation; it was only a meeting to discuss the pz•ocess including timing and how due diligence might be accomplished. Thez•e is a Iot of work to do before beginning any negotiation. President Campbell stated that he does his best to provide correct information to the media but that he does not write the news stories. He too was disturbed by what appeared in the paper and he feels that the news story does not reflect the viewpoint of the Board of Directors of I-Iarbor-Works. b. Consultant Contract Approval, PriorityONEAdvisors The Board agreed to keep this item "tabled" until the proposal is in final form. 7. Port of Port Angeles Loan This was addressed in Agenda Item 3 by revising the minutes of the October ]board meeting. 8. Consideration of PA Harbor-'W'orks Treasurer aim Haguewood reported that he has been working with Rob Tulloch to clarify the role of the treasurer as defined in Section 8.01 of the Chaz•ter, which states that the treasurer shall be elected from the Board of Directors. It was noted that no one on the City Council, Port elected officials, and PUD board are treasurers, and that in this -2- M - 5 3 community, the tradition is not as described in the charter. There is a desire among the board members to be more consistent with othez• community agencies. The alternatives are eithez• to elect one of the Board members as the designated treasurer and secure Bill James as an operational treasurer, az• to amend the charter to allow anon-Board membex to function as treasurer. Whoever is selected as treasurez• must be bonded and the cost for that would be the same no matter who is the treasurer. The pz•imary concez•n in amending the charter is that the process will take some time because an action of this Board to amend the charter must be approved by the City Council, per Article 11 of the charter. This would require an advance ten-day notice of the intent to aznez~d the Charter. There was some discussion about how to most quickly move forwaz•d with the process of amending the charter. ACTION: Jim Haguewood will wozlc with Rob TuIloch to determine the most time- efficient way to propose amending the chartez• to allow anon-board member to act as treasurer. 4. 1lxecutive Director Recruitnaeut Orville Campbell, Jerry Hendricks, Jim Haguewood, and Bob Coous conducted telephone interviews of the top five candidates an Moriday October 27. They selected tIu•ee finalists and will arrange for them to come to Port Angeles to be intez-~~iewed by the entiz•e board. This subcommittee suggested that the City and the Port each designate someone to participate in the interviews. The Board agreed to contact the Port and City for representatives. 'Tlze first interview could potentially be on 10 November, with the second interview on 13 or 14 November. 10. NOAA Proposal Update Jim Haguewood and President CaznpbelI attcnded a task force meeting hosted by the Pozt. They appreciated the Port's hospitality. Today was the first announcement from NOAA that individual organizations could request a solicitation packet by 7 November. Bob McChesney and the Part of Port Angeles will coordinate a group to put together a packet for the public. The next step is to try to generate a budget based on anticipated task items. This board should continue to participate in the process and review any requests for funding. It is becoming cleaz• that it will take funding to put the package together, but it is questionable whether the Port will carz•y that funding. 11. Website Development Jim Haguewood has talked with Karen Kilgore about passible structure and content for an initial web site. Karen is willing and able to begin the work. Jizn will contact local web developers to assess intez•est. Jim Haguewood suggested Harbor-Works -3- M - 54 • have a web presence but it should merely reflect the current direction of the organization, as opposed to creating a frill-blown web site at this time. Harbor-Works needs to do some imaging and branding work, but this is the responsibility of the permanent executive director. • 12. Executive Session President Campbell adjourned the meeting to Executive Session at 3:09 for approximately 1.5 hours under the authority of RCW 42.30.110(1}(g), to discuss real estate. 13. Return to open session The Executive Session concluded at 4:30 p.m., and the Board convened in regular open session. 14. Adjournment There being no further business, it was moved by Bart Irwin and seconded by Howard Ruddell to adjourn. The motion carried unanimously. • Orville Campbell, President Karen Kilgore, Clerk/Administrator -4- M - 55 Ha~ho~ i~o~ks ~ Poz•t Angeles Harbor-Works Development Authority Board of Directors Meeting Vern Burton Conference Rooms, City I~IaII November 5, 2008 MINUTES 1. Call to Order The meeting was called to order by President Orville Campbell at 2:34 p.m. 2. Roll Call Directors present: President Orville Campbell and Directors Howard Ruddell, Jerry Hendricks, Karen McCormick, and Bart Izwin Staff present: Karen Kilgore City Representatives Present: Betsy Wharton Others Present: Rebecca Paradis, Melanie Roed, John Ford, Rosemary Cockrill, Kathy Duff, Jack Markley, Jim McEntiz•e, Mark Johns, Tozn Callis, Larry Dtiu1n, Darlene Schanfeld, Dick Goodman, Thom O'Dell, Ron Richard, Paul Perlwitz, Shirley Nixon, Maz•tin Powers, Harry E. Grant, David Tamaki 3. Approval of Minutes: October 29, 2008 Special Board of Directors meetingX MOTION: It was moved by Jerzy Hendricks and seconded by Karen McCormick to adopt the minutes of October 29, 2008 Special Board of Directors meeting. The motion carried unanimously. 4. Public Comment Ron Richaz•ds made the following comments: • After reviewing documents obtained by public disclosure requests, he thinks there wez•e violations of the Open Public Meetings Act leading up to the creation of the I'DA, the appointment of directors, and the appointment of city and port representatives. • He is concerned that there may have been a violation of Title 4 of the Municipal Code. • He feels that the board is not legally constituted and the PDA is not legally formed, and that therefore anything they do is void. • He feels that there is an appearance of impropriety as a public organization and he requested that the board write a resolution to the City of Port Angeles z•equesting that the PDA be dissolved and that the process of formation be started anew. • He thinks that PDAs az•e OK if they are legally constituted, and that they can provide benefits such as limiting liability and providing a way to obtain federal grants. Shine Nixon read from written comments: y M-56 . • She is concerned about the appearance of impropriety in the formation of the PDA and questioned the use of the Executive Session exemption to the Public Open Meetings Act. • She feels that if the PDA acquires the Rayonier Mill site, that it will be removed from the tax rolls resulting in a loss of tax revenues and the possible acquisition of unkno«~n liabilities for environmental cleanup. • She requested that the PDA board make audio recordings of all executive sessions. • She invited all in attendance to an educational event on the topic of Open Government, to be held in Port Angeles on November 12. Jack Markley made a brief statement questioning the necessity of creating a PDA. I-le asked why the city, the pozt, or an existing agency could not do the tasks the PDA is intended to do. Dick Goodman stated that he sees in the PDA a group of people who have decided to do something after many years of talking and not getting anything accomplished. He congratulated the board for doing a good jab of taking action and suggested that if it is necessary to z•e-form the PDA, then we should do so and move forwaz•d. 5. Presentation by Washington State Department of Ecology Jim Pendowski, «~ho manages the Washington State Department of Ecology Toxics Cleanup Program, introduced Rebecca Lawson, Manager of the Southwest Regional Off ce of the Washington State Department of Ecology and Melissa Roark, Assistant Attorney General assigned to the Rayonier Mill site cleanup and other future projects in the Poi•t Angeles harbor. • He stated that the have read the newspaper accounts, know the issues and concerns, and understand the ongoing current debate. Further, he explained That the puz•pose of their presentation is to talk about the process, resources, and the implications of choices that may be made. Rebecca Lawson gave a PowerPoint presentation focusing on five major areas: 1. Model Toxics Control Act (MTCA). MTCA is the state cleanup law. Lawson provided definitions of many tezzns, and pointed out some key concepts: • A cleanup site is any place where contamination is found. A site is not the same as a propezty. There can be multiple "interim actions" to clean up portions of a site, but a Cleanup Action Plan (CAP} applies to a whole site. For example, the Rayonier Mill is just one part of the Rayonier CIeanup Site. Strict liability -Ecology only needs to work with one Potentially Liable Person {PLP) to accomplish the cleanup, even though there might be multiple PLPs. Liability is not apportioned; if an organization or agency buys a part of a site, then they are responsible for cleanup of the whole site. This helps with the timeliness of accomplishing the cleanup. ~ Administrative mechanisms -there are three legal mechanisms under which cleanup work is performed: agreed orders, consent decrees, and enforcement orders. • Jerry Hendricks asked for some insight into state vs. federal processes specific to the Rayonier site. Rebecca Lawson responded that the site is unique in that it is the only site that has a -2- M - 57 deferral agreement from the federal EPA. Years ago there was discussion of making it a superfund site but the cleanup was deferred to the State of Washington because MTCA O standards meet CRCLA requirements. EPA will accept cleanup done under MTCA standards because it meets the tests of both regulatory schemes. Bart Irwin asked for a definition of concurrence of the Elwha, and how does the tribe connote concurrence. Melissa Roark responded that this is not as clear with ecology-led actions. The agreement is for the tribe to have a concurrence role regarding the Rayonier Mill site. Over the years, Ecology has worked with the tribe to gain concurrence. Orville Campbell asked about the concept of prospective purchaser agreements, how they work, and if they have been done in the past. Melissa Roark responded that it is a way to settle liability "up front" so that the purchaser will not be in the same class as the other PLPs. They manage whez•e the liability is assigned. These agreements have been negotiated with both private and public entities but they are not the only way contaminated property can be purchased. This can also be accomplished with side agreements that define who will take future liability. The State's interest is in getting things cleaned up. Ecology doesn't care who does the cleanup, but if a problem occurs, the oz•iginal PLP is still liable. Jerry Hendricks asked about how the Foss waterway and Bellingham projects were funded. aim Pendowski responded: For the Foss and Commencement Bay cleanup, Tacoma formed a PDA but they weren't eligible for grant funding because they couldn't come up with matching funds. The City of Tacoma outright purchased multiple pieces of property and has been working to clean up and develop them. This has been going on 15 years. Bellingham did not form a PDA; the Port bought back a chunk of its waterfront. The commissioners bought the pz•opez•ty from Georgia Pacific. Ecology negotiated orders and consent decrees for the $60 Million cleanup. There is still a debate over the choices made. The biggest issue is what will happen once the cleanup is finished and thez•e are issues of governance between the port and the city. Pendowski concluded that each community has to come to its own conclusions. 2. Grant Funding for Cleanup There are two types of specific grants for local governments who are PLPs and are doing cleanup under formal agreements (agreed orders or consent decrees) with Ecology: Remedial Action Grants (RGAs) or Integrated Planning Grants (IPGs). The grants provide fora 50% match of eligible project costs. IPGs are a new kind of grant for governments who are not yet PLPs but who are looking to purchase/redevelop contaminated property. They help look at the potential public benefit by supporting the exploration process to help understand risks. Lawson emphasized that these grants could potentially be available to tl~e PDA but availability is not guaranteed. 3. Rayonier Mill Cleanup • _3_ M - 58 • Lawson explained that this is a very complicated project. There are two Agz•eed Orders - upIand and marine. She explained that Rayonier is not willing to look beyond the property boundaries, so Ecology is doing a separate off-property soil dioxin study. She described the timeline for investigation and clean-up phases. Final clean=up is expected after 2010. Howard Ruddell asked when the property may be ready for redevelopment. Lawson responded that the archeological resources should be able to be implemented in 2012 for the upland portion, and the marine portion could follow in parallel but many things could slow the process. She further stated that Ecology is not waiting to see if the PDA or somebody else is going to buy the property. Whether the ownership is public or private doesn't change what the owner is responsible for. This is the most important point of the day. 4. Port Angeles Harbor Sediments Study Ecology felt that there were gaps in the data from Rayonier samples. Lawson showed a photograph of the harbor area with Iocations of samples delineated. The purpose of the study is to help define the extent of the contamination associated with the Rayonier site. 5. Rayonier Mill Off Property Soil Dioxin Study Ecology is conducting this separate study because Rayonier is not willing to look off=property for additional contamination. The purpose of the study is to Delp determine the magnitude of dioxin soil contamination in areas near Rayonier. Rayonier will be responsible for further studies if the former mill is identified as a source of contamination. r Next Ste s P Ecology plans to work with the PLP to move forward with the study area. Studies and investigations planned for 2008-2010 will help to create an estimate of cleanup costs if the property is sold. Beyond 2010, Ecology envisions final cleanup and redevelopment of the Rayonier Mill property. Jerry Hendricks asked whether the PDA might be se~•ved to explore cost cap insurance when they have afull-time director. Cost cap insurance could be a way to manage unknowns by putting a cap on costs so that if they go above a certain amount, the insurance would cover that. Melissa Roark replied that this insurance would be an eligible expense under a remedial action grant. Bart Irwin asked whether the 2010 timeline is sensitive to Ecology's funding by the legislature? Lawson responded that they are committed to resource the project even if Ecology does not have funds. They will cut back other projects if they have to, to meet the needs of this project. • 6. Adjournment -4- M - 59 Orville expressed appreciation to 1'endowski, Lawson and Roark for the visit and sharing good info that the Board can integrate in its thinleing. They will be invited again. "1'he presenters O brought a copy of the MICA, remedial actions grants/loans guidelines, copies of the presentation for today, and. a booklet on the histot•~~ of the Rayonier Mil (shared with newspaper reporter). It was agreed that they accomplished their purpose today. There being no further business or comment, President Orville Campbell adjourned. the meeting at 4:16 p.m. l; f '~ ff I. ~f~' r C?rvil le Campbell, . re: ' ent ~~ ~ - Karen Kilgore, Clerl dministrator • -s- M - 60 ~ Ha~bo~Wo~ks Port Angeles harbor-Works Development Authority Board of Directors Meeting Vern Burton Conference Rooms, City Hall November 19, 2008 MINUTES 1. Call to Order The meeting was called to order by Jerry Hendz•iclcs at 2:30 p.m. 2. Roll Call Directors present: President Orville Campbell (by telephone) and Directors Howard Ruddell, Jerry Hendricks, Karen McCormick, and Bart Irwin Staff present: Jim Haguewood, Rob Tulloch, Karen Kilgore Others Present: Tom Callis, Carole Boardman, Larry Duncan, Howard Sparks, "Thom G. O'Dell, Norma Tuz-ner 3. Executive Session • MOTION: Bart Irwin moved, and I-Toward Ruddell seconded, that the meeting be adjouz•ned to Executive Session under the authority of RCW 42.30.110(1)(g} to discuss employment and RCW 42.30.110(1}(b), to discuss real estate. The motion carried unanimously. 4. Return to Open Session. The Executive Session concluded at 3:35 p.m., and the board convened in regular open session at 3:45 p.m. Jerry Hendricks explained that the agenda items requiring action would be addressed first because a quorum would be necessary for those items, and some board members could not stay for the whole meeting. MOTION: Bart Irwin moved, and Howard Ruddell seconded, that Bob Coons be directed to contact Candidate #1 to begin negotiations for employment as Executive Director. The discussion included instructions that he be candid with the candidate that it is not prudent to discuss compensation or make an offer until a meeting between the Port Angeles City Council and Port of Port Angeles Commissioners takes place. The group as proposed by Betsy Whac•ton to the City Council last night will have an opportunity to meet and discuss the future of the PDA. The motion carried unanimously. 5. Finance Copies of outstanding invoices were passed to board members for review and. signature per • established procedure. M-61 6. PERS ResolutionX Jim Haguewood reported that PA Harbor-Works is a municipal corporation, and as such employee participation in the PERS retirement system has been agreed upon for an employment benefit package. The board had previously directed him to work with Bob Coons to complete the necessaz•y paperwork for the PDA to become a member of PERS, and that Bob had written a letter and completed the necessaz•y foz•ms to do so. Jizn pointed out the selection of prior service credits will be handled in a way that does not create any financial liability for the PDA. The letter drafted by Bob Coons will be written on Haz•boz•Worlcs stationery and wilt be signed by President Orville Campbell. MOTION: Karen McCormick moved, and Bart Irwin seconded, to approve the PDA applying to become a PERS eligible employer, and to approve the content of the Bob Coons letter to PERS. The motion carried Lulanimously. 7. Bill James Contract's Jim Haguewood explained that in creating the PDA, there were multiple meetings with the state auditoz•, the City, and the Port of Port Angeles regarding how the financial system of the organization should be set up. The Chaz•ter requires that the Treasurer be appointed from the board membership, but the board felt that IIarborWorks needs specialized assistance that understands the State of Washington's BARS Manual and public Fnance regulations. The PDA staff will conduct the day-to-day transactions, with Bill Jaznes pz•oviding assistance and advisement as needed in regards to public hnance. The Port commissioners approved and made available the services of Bill James. MOTION: Bazt Irwin moved, and Iloward Ruddell seconded, to adopt the proposed contract with Bill James. The motion carried unanimously. 8. Treasurer Election Jim Haguewood explained that the Charter states that a treasurer will be appointed from the board membership. I-Iowever, professional advice would come fiozn Bill James under the contract just approved. Jerzy Hendricks is wining to accept the role of treasurer. His background as former port director will be useful. MOTION: Bart Irwin moved, and Karen McCormick seconded, to appoint Jerzy Hendricks as Treasurer for Port Angeles Haz•borWorks Development Authority and to approve a bond for him that will be issued in form similar to the bond that is approved for the Treasurer of the Port of Poz•t Angeles. The motion cazzied unanimously. 9. Iaxtension of Interim Director ContractX Jim Haguewood explained that the terms of the proposed extension of the Interim Director contract are similar to the last contract; it is at the same monthly rate and is designed to extend service from December 1, 2008 thz•ough 3anuary 15, 2009. He hoped that the candidate would be selected and at work on January 1, 2009. • _2_ M - 62 • MOTION: Howard Ruddell moved, and Karen McCormick seconded, to approve the consultant services agreement with Jim Haguewood, extending the contract until Januazy 15, 2009. The motion carried unanzznously. At this poizrt, everyone had reviewed and signed the outstanding invoices. MOTION: Baz•t Irwin moved, and Ilowaz•d Ruddell seconded, to approve payment of the vouchers but not to issue checks until the bond is issued foz• Jerry Hendricks, 'Treasurer. The motion caz•ried unanimously. 10. NOAA project, Request for 2S% participation.x Bob McChesney requested a response from the board regarding participation in a general agreement to fund a consultant for the NOAA project. Bob is putting together an RFQ and the timing for a community proposal presentation is 90-120 days, The tentative agreement is for the City, County, Port, and PDA to participate equally in sharing a cost of approximately $ I OOK. Board members expressed concern about committing money without having a budget yet, and uncertainty about how all the pieces of the project fit together. This item was tabled until the next meeting. The amount is significant, and the role of the PA Harbor-Woz•1<s Development Authority has to be determined by the City and the fort. 11. Correspondence As a pz•ocedural matter, Jim Ha uewood circulated a folder of iten ~- g 1s that ~ ere addressed to various individuals. 12. Meetings with Key Stakeholders Three key-stakeholder meetings were discussed: A joint City Council/Port Commission taskforce will discuss the firture of PA Harbor- Works Development Authority. The discussion was deferred to the December 2 meeting of the Port Angeles City Council. It is assumed that a task force will be compz•ised of representation foz• the City, the PDA, and the Port. The City Council will appoint 3 members, HarborWorks will appoint 2, and the Port will appoint 1 port commissioner. They will meet with apre-set agenda to answer questions posed by tl~e City Council, and to determine the level of commitment to the PDA moving into the future. This is especially important as we move into discussions with potential hiring of an executive director. Orville will appoint two board members to the task force. ~ Meeting with Lower Elwha Tribe. The board feeling is that this is a critical meeting to be held. It was suggested that the boaz•d might have a special board meeting at their facilities, and meet with the Tribal Council at that time. I-Ioward Ruddell will contact Prances Charles to determine the best and most appropriate way to facilitate this meeting. • -;- M - 63 ® Stakeholder Symposium. This would be a forum for the Tribe, DNR, Ecology, and other major stakeholders to talk together about the issues. The board had approved a ~3SK budget item to fund this activity. It is vital to do this in order to better understand the questions and issues. 13. Approval of Minutes: November ~, 2008 Board of Directors meeting' This item was continued to the next meeting, to allow time to review the lengthy document. 14. Public Comment Nornza Turner provided a copy of the Hurricane Ridge Public Development Authority's response to a state audit conducted. in January 2006. Norma's concern is that the Harborl~FOrks PDA is madeied on the I-Iurricane Ridge PDA, and that gill James ~~•as the treasurer of the Hurricane Ridge PDA. She feels that the Hun•icane Ridge PDA. did not have adequate controls or reporting, and she hopes that the Harbor~orks I'DA will have tighter standards. She asked if Rayonier is a stakeholder. The board answered "yes". la"". Next Meeting The next meeting is a regular meeting of the board. It will be held on December 3 at 2:30 p.m. Items to be included on the agenda: Minutes from November 5, 2008 Minutes from November 19, 2008 NOAA project participation 16. Adjournment MOTION: Orville Campbell moved, and Bart Irwin seconded, to adjourn. the meeting. The motion carried unanimously. The meeting was adjourned at G:20 p.m.. ~~ Orville Campbell, Presi~`~'ent Karen Kilgore, Cle1•kTX~dn~~inistrator _4_ M - 64 O r~ • DATE: December 16, 2008 TO: CITY COUNCIL NGELES FROM: TERRY K. GALLAGHER, CHIEF OF POLICE SUBJECT: 2009 HUMANE SOCIETY CONTRACT PROPOSAL -INFORMATION ONLY The City of Port Angeles currently contracts with the Olympic Peninsula Humane Society for animal control services within the city. The cost to the City is $80,000.00 annually. The contract will expire December 31, 2008. Background: Up until September of 2002, the City of Port Angeles employed one FTE as an animal control officer. That employee cost the City approximately $65,000.00 per year with salary, associated • benefits, vehicle and necessary equipment. At that time the City contracted with the Humane Society for limited animal control services at a cost of $40,000.00 per year. With the retirement of the animal control officer, the then City Council elected to eliminate the position. At the same time the City's contribution to the Humane Society was increased from the $40,000.00 annual amount to $80,000.00. There was no requirement that the services provided by the Humane Society to the City increase despite the increase in the City's payment. However, because of the departure of the FTE, the City's total cost for animal control did decline by approximately $25,000.00. Discussions with the Humane Society did occur at the time about the Humane Society assuming full responsibility for animal control and enforcement. Eventually the Humane Society declined to assume responsibility for any level of animal control in the City. On December 31, 2007, the contract between the City and the Humane Society expired. The Humane Society made no effort to renew the contract. The City took the initiative and reached an agreement with the Humane Society that extended the contract through December 31, 2008. Periodically, Chief of Police Gallagher met with Scott Chandler, the Society's executive director, and explored possible terms for a new contract. Mr. Chandler indicated he would provide a proposal to the City that expanded the Society's role in animal code enforcement within the City. No such proposal has ever been provided. Current Issues: On November 4, 2008, I met with Scott Chandler in an effort to establish possible terms fora 2009 Humane Society contract with the City. Mr. Chandler was not prepared to present any possible • contract amendments or language. Following our discussion, I told Mr. Chandler that at some point PW_101.01 [Revised 07/20/04] M - 65 he might want to be prepared to make an argument before Council regarding continued City support for the Humane Society. I pointed out the following to Mr. Chandler. O On March 31, 2008, Clallam County and the Humane Society entered into a one year agreement wherein the County would pay the Humane Society $103,000.00 per year for animal control services. • The County delivers considerably more animals to the Society than the City. As of September 29, 2008, the County had delivered 1,727 animals; the City, as of September 22, 2008, had delivered 684. • Unincorporated Clallam County has approximately 42,000 residents. The County is therefore paying about $2.45 per resident for exactly the same animal control services as the City. With a population of approximately 19,200 the City is paying $4.17 per resident. • Were the City to pay the same rate as the County ($2.45 per resident) the City would pay the Humane Society $47,040.00 per year, rather than $80,000.00. Mr. Chandler responded that he believed the $80,000.00 per year the City was paying was fair compensation for the services the Society was providing. Mr. Chandler based his opinion on the charges outlined in the contract the Society has in place with the City of Sequim. Sequim pays $97.50 per animal. That payment guarantees a 72-hour hold on any impounded animal. Following the 72-hour period the Society assumes responsibility for the animal by placing the annual up for adoption or, in some cases, having the animal euthanized. PAPD or the citizens of Port Angeles delivered 817 animals to the Humane Society in 2007 (During the same period the County delivered 1,398.). At $97.50 per animal, 2007 costs to the City would have been $79,657.50. (Sequim brings very few animals to the shelter. The per animal contract actually decreased their costs according to Mr. Chandler.) Mr. Chandler acknowledges that the City of Port Angeles is being unfairly charged when compared to the County. He said the contract with the County was "unfair" and that he is trying to get the County to agree to a per animal rate. He does not believe the County will agree to his proposal. Mr. Chandler states that the City is essentially "subsidizing" County animal control. He believes the only fair rate is a per animal charge. Mr. Chandler said that the Humane Society governing board met on November 3, 2008, and discussed the contract with the City. The board, according to Mr. Chandler, has no interest in expanding Society services provided to the City and, in particular, wants nothing to do with animal code enforcement. He is uncertain whether the board will approve a contract with the City for an amount less than the current rate. Opinion: I believe the City is indeed paying more than what is reasonable for the services being provided. I also believe, however, that animal control is a necessary function of government. The Humane Society operates on an annual budget of approximately $564,000.00. It would impose a hardship on the Society were the City to decide, as an example, to only pay for those animals brought to their facility by PAPD -about 21 animals to date in 2008. Further, if citizens had to pay to bring L_J M - 66 animals to the Humane Society it is likely that the stray animal problem in the community would be greatly exacerbated. People would not pay to perform what many consider a "good deed" -the • rescuing of a needy animal. I believe it is more reasonable for the City to agree to pay a per capita rate comparable to the County. Rather than $80,000.00 in 2009, this would mean a total annual cost of $47,040.00. The City should also encourage the Humane Society to more aggressively seek alternate funding sources. Private donations and even a dedicated sales tax have been used in other cormmunities to assist with animal control funding. 1VIr. Chandler mentioned one case where a pet food tax surcharge was put in place. While I am not advocating any of these ideas, they do serve as an example of the creativity some communities have brought to the issue. On Monday, November 24, 2008 the Olympic Peninsula Humane Society board met to consider the current 2009 contract offer from the City. The board rejected the offer. Scott Chandler has indicated his intention to address the City Council the night of December 16, 2008 during the Public Comment period. Chandler intends to present an argument on behalf of the Humane Society for maintaining the annual City contribution to the Humane Society at its current level. Mr. Chandler is aware that the Public Comment period is not an opportunity to engage the Council in discussion nor is it the appropriate venue for a contract negotiation. • PW_]01.01 [Revised 07/20/04] " 67 "Scott Chandler" "`~'~ <scott@cchumane.com> °> * 11 /21/2008 12:1 o PM Board Members: To "Alma Meyrick" <dame2287@aol.com>, "Bill Koenig" O <koenig@hvalley.net>, "Dan Miller" <danmiller@wavecable.com>, "'Jack Thornton "` cc "'Terry Gallagher'" <TGALLAGH@cityofpa.us> bcc Subject City of Port Angeles Contract On Wednesday i received a copy of the contract proposal from the City of Part Angeles. The offer is $47,040 or $2.45 per person residing within city limits. This figure comes from a calculation of the County contract amount divided by the population of the County although I am unsure of what population figures Chief Gallagher is using. Based on the latest information I could find on population figures for Clallam County there are about 68,500 citizens in Clallam County. in order to determine the per capita cost of sheltering services for the resident we must first subtract those citizens residing in areas either served by an existing contract or not served at all, other than incidentally such as citizens of the Indian Nations, from the total. This results in a served population of about 36,980 people for a per capita cost of $2.785. Using this figure to achieve parity in expenses between the city and county, the rate for sheltering services would be at least $53,478. Since we are a contractor that deals with animals as opposed to humans, it only makes sense to base the costs of service on a per anima] basis. Interestingly, using the AVMA pet population O calculator to determine the approximate number of animals residing in the respective areas, the costs for sheltering based on the number of animals in the service area of Port Angeles comes out to the same figure, plus or minus $x.00. The scope of the contract covers much more than just basic care and feeding, and the terms provide for us to perform otherfunctions such as record keeping, providing a minimum of open hours, staffing a certified euthanasia technician and making "reasonable efforts" to find the owners of impounded animals and to find suitable homes for adoptable animals. Analysis of the minimum labor requirements to perform the terms of the contract, not including any admiriistrative costs; yields a cost fo support fhe contract of $68,860. In addition, the contract calls for overhead such as te{ephone, traps and other requirements. As you can see, the offer from the city is at least $21,820 below what it will cost us to perform the contract. When I met with Chief Gallagher regarding this, I proposed a $32.50 per animal per day fee for service with a $70,000 cap for 2009. Based on analysis of historical intake from the City of Port Angeies, the city could expect to spend about $71,321 using a straight fee per animal arrangement, so I felt that, although 20091ooks to be a year that we will take in slightly more than the average number of animals from this service area, capping the fees at $70,000 was fair as it covered our cost of servicing the contract and saved the city $10,000 from the previous contract amount. Future increases in fees would be based on the Consumer Price Index and could result in either increasing or decreasing the base rate. These are the same contract terms we currently have with the City of Sequim and it is my intention to move the county to this fee structure also, as soon as possible. 1 recommend that the Board reject this contract offer as it is significantly below our cost to O service the contract and we do not have the resources to subsidize the sheltering requirements M - 68 • of the city. As you can see from the attached analysis, the bottom fine is that we need to make at least $70,000 on this contract in order to satisfy its terms and to accept less would not be in the organization's best interest. The fallout that will result i# an agreement cannot be reached is sure to be problematic as we would be faced with the need to recoup the cost of sheltering animals coming from the city. There are several ways we might attempt this, such as release fees for incoming animals. Unfortunately, the reality is that most people will balk at paying a release fee far their own ariimals and few, if any, would be wiEling to pay a release fee for a stray they have found. The result of this would be that animals would simply be released, (dumped},-and the current pet overpopulation problem would grow exponentially, creating even more problems. The issues relating to animal sheltering are a societal problem and, as such, governmental agencies have a responsibility to provide assistance to their citizens in mitigating the problems. Failure to do so is sure to create many problems in the community that will negatively impact the Humane Society as weI! as the city, but we simply cannot afford to accept a contract that does not cover our costs, nor is it reasonable to expect us to do so. We have scheduled a meeting to discuss this issue on Monday, November 24th, 7:00 p.m. at the Port Angeles Library. Please plan to attend and be prepared for discussion. Thank you, Scott Chandler Executive Director /CEO Olympic Peninsula Humane Society 2105 W. Hwy 101 Port Angeles,. WA 98363 360-457-8206 360-452-4157 FAX 360-477-2472 C~E`LL u 1 Part Angeles Contract analysis 03 version.xis Port Angeles Animal Intake Analysis office 97.Kls • M-69 Human Population Basis Animal Population Basis Minimum Labor to Service Contract Clallam County Total 68,500 Clallam County 22,278 Basic Cleaning/Feeding $ 18,720 @ 9.00 hr Port Angeles 19,200 Port Angeles 11,567 Staff to be open 25 hrs per week $14,300 @ 11.00 hr Sequim 5,330 Contract amount $ 103,000 1/2 Euthanaisa Technician $11,960 @ 11.50 hr Forks 3,175 . Per Animal Cost County $ 4.62 Record Keeping (20 hrs week) $11,440 @ 11.00 hr Elwha Nation 638 Per Animal Cost PA $ 53,479 at same rate Makah Nation Quilliute Nation Jamestown 5'Klallam 1,752 ,h.. Y ~. ~ 0-- 784 Per Animal Basis 641 Clallam County Service Area Population Contract amount Per capita cost PA per capita cost O 4 year average intake 36,980 32.50 per animal per day $ $ 103,000 Cost based on intake $ $ 2.785 $ 53,478 Adoption per Sec. 3, Para. 3 $11,440 @ 11.00 hr _ (20 hrs week) Total $ 67,860 Contract calls for overhead in the form of telephone, Xraps and other assorted costs 732 in addition ~o the basic labor required to care for and make reasonable efforts to adopt. 97.50 j 71,370 • • • Port Angeles Animal ~elterin Cost Anal sis ~ -~ - g , Y i Year 2005 2006 2007 2008 , Animal Intake 801 624 817 684 ~- YTD Sept 22 = 513 59 3 / 9 = 57 x 12 = 884 Annualized 4 Year Avg 732 Cost @ 32.50 per animal per day x 3 days (72 hours) $ 97.50 Sheltering cost on a per animal basis using 4 year historical inta[ce average $ 71,321.25 2008 2007 ~ 2006 2005 PAPD/ACO Citizen PAPD/AC0 Citizen PAPD/ACO Citizen PAPD/ACO Citizen Cats 181 38 245 ~ 180 2g2 Kittens 120 9 209 ~ 197 215 Dogs 21 163 18 255 2 210 254 Puppies 5 22 27 34 Ofher 23 21 8 6 Total 513 817 ! 624 801 11/24/2008