HomeMy WebLinkAboutAgenda Packet 04/01/2014
CITY COUNCIL MEETING
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321 East 5Street
April 1, 2014
SPECIAL MEETING –5:15 p.m.
REGULAR MEETING –6:00 p.m.
The Mayor may determine the order of business for a particular City Council meeting. The agenda should be arranged to best serve
the needs and/or convenience of the Council and the public. Mayor to determine time of break. The items of business for regular
Council meetings may include the following:
A. CALL TO ORDER -SPECIAL MEETING AT 5:15P.M. –
Executive Session under authority of RCW
42.30.110(1)(i), to discuss potential litigation with legal counsel.
B.CALL TO ORDER -REGULAR MEETING AT 6:00 P.M.
ROLL CALL
PLEDGE OF ALLEGIANCE
CEREMONIAL MATTERS, PROCLAMATIONS & EMPLOYEE RECOGNITIONS
1.Arbor Day Proclamation................................................................................................................................................................B-1
2.International Golden Generation Day -2014 Golden Generation Cycling Tour...........................................................................B-2
C.PUBLIC COMMENT -
D.LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS -
E.CONSENT AGENDA / Approve
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1.City Council Minutes:February 4, 18and 25, 2014........................................................................................................E-1
2.Material Purchase –Electric Transformers, Contract LO-14-002/Award and authorize the City Manager to sign a contract
with HD Supply Power Solutions, Inc., of Portland, Oregon for two 1500 kVA pad-mounted transformers manufactured by CG
Power, at a price of $48,701.95, including sales tax, and to make minor modifications to the contract, if necessary........E-11
3.Donation of the Campfire Clubhouse atWebster Park / Approveand authorize the Mayor to sign the Purchase and Sale
Agreement, along with the Facility Use Agreement, to accept legal ownership of the Campfire Clubhouse from the camp Fire
Snohomish County Council; and allow the City Manager to make minor modifications to the agreement, if necessary....E-12
4.Amendment No. 1 to FCS Professional Services Contract/Approve and authorize the City Manager to sign Amendment #1 to
the Professional Services Agreement with FCS Group for an added amount not to exceed $42,675, for a total contract amount
of $188,551,and to make minor modifications to the agreement, if necessary....................................................................E-24
5.Board of Adjustment Appointment /Appoint.......................................................................................................................E-31
6.Olympic National Park –Law Enforcement Mutual Aid Agreement/Authorize the City Manager to sign the Mutual Aid
Agreement between Olympic National Park and the City of Port Angeles to establish the terms and conditions under which the
parties will provide mutual law enforcement assistance to one another.I............................................................................E-32
F.QUASI-JUDICIAL MATTERS –REQUIRING PUBLIC HEARINGS
(6:30 P.M. or soon thereafter)
................................................................................................................................................None
Mayor to determine time of break / Hearing devices available for those needing assistance.
April 1, 2014Port Angeles City Council MeetingPage -1
G.PUBLIC HEARINGS –OTHER (6:30 P.M. or soon thereafter)
..................................................................None
H.ORDINANCES NOT REQUIRING PUBLIC HEARINGS
............................................................................None
I.RESOLUTIONS NOT REQUIRING PUBLIC HEARINGS
1. Equipment Purchase: Used Grader/Pass ResolutionI-1
...................................................................................................................................................................
J.OTHER CONSIDERATIONS
1.Settlement of Claim -Utility Tax Refund / Approve...............................................................................................................J-1
2.Council Term Limits / Discussion Only................................................................................................................................J-10
K.FINANCE
1. Upgrade and Expansion of Wastewater Utility Supervisory Control and Data Acquisition (SCADA) System, Project
WW02-2010 Phase I, Change Order No. 2 Integration of Landfill Pump Stations and Gas Flare System / Approve.........K-1
L.COUNCIL REPORTS
-
M.INFORMATION
City Manager Reports:
1. Public Works & Utilities Construction Status Report............................................................................................................M-1
2.Public Works & Utilities Grants & Loans Status Report......................................................................................................M-2
3.Building Report.....................................................................................................................................................................M-4
4. 2014 Work Plan....................................................................................................................................................................M-5
5. 2013 Public Records Disclosure Report..............................................................................................................................M-36
6.Parks, Recreation & Beautification Commission Minutes..................................................................................................M-38
7.Planning Commission Minutes............................................................................................................................................M-40
N.EXECUTIVE SESSION
O.ADJOURNMENT -
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.
Mayor to determine time of break / Hearing devices available for those needing assistance.
April 1, 2014Port Angeles City Council MeetingPage -2
ArborDayProclamation
ArborDayProclamation
Whereas, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a
special day be set aside for the planting of trees, and
Whereas, the holiday, called Arbor Day, was first observed with the planting of more than a
million trees in Nebraska, and
Whereas, Arbor Day is now observed throughout the nation and the world, and
Whereas, trees can reduce the erosion of our precious topsoil by wind and water, lower our
heating cooling costs, moderate the temperature, clean the air, produce oxygen
and provide habitat for wildlife, and
Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our
fires and countless other wood products, and
Whereas,trees in our city increase property values, enhance the economic vitality of
business areas, and beautify our community, and
Whereas, trees, wherever they are planted, are a source of joy and spiritual renewal,
Whereas, the City of Port Angeles desires to be recognized as a Tree City USA, an Arbor
Day observance is a required action,
NOW, THEREFORE, I Dan DiGuilio, Mayor of Port Angeles, do hereby proclaim
April9,2014
April9,2014
,
as
ArborDay
ArborDay
intheCityofPortAngeles,andurgeallcitizenstocelebrateArborDayandto
intheCityofPortAngeles,andurgeallcitizenstocelebrateArborDayandto
supporteffortstoprotectourtreesandwoodlands,and
supporteffortstoprotectourtreesandwoodlands,and
Further,Iurgeallcitizenstoplantandcarefortreestogladdentheheartandpromotethe
Further,Iurgeallcitizenstoplantandcarefortreestogladdentheheartandpromotethe
well-beingofthisandfuturegenerations.
well-beingofthisandfuturegenerations.
_________________________________April1,2014
_________________________________April1,2014
Dan Di Guilio, Mayor
PROCLAMATION
PROCLAMATION
In Recognition of
International Golden Generation Day
April 1, 2014
WHEREAS
, the Concern & Care Society launched the Grand Riders Cycling Team in 2007, hosting
annual activities in Taiwan, Mainland China, Malaysia and Singapore. Conquering and
accumulating 3,000 kilometers of cycling distance in 7years and visiting more than 100
nursing homes; and
WHEREAS,
the Concern & Care Society announced the 2014 Golden Generation Thousand Mile Ride,
a cycling journey that beginsin Canada on April 1, 2014, and ends in California on April
22, 2014, and consists of 42participating cyclists averaging 70 years of age, from Taiwan,
Singapore and Japan; and
WHEREAS
, the Mayor of the City of Burnaby in Canada will announce the establishment of
International Golden Generation Day on April 1, 2014, and the 2014 Golden Generation
Thousand Mile Ride will commence; and
WHEREAS
, Feng He Advertisement will be filmingthe entire journey and turning it into a
documentary; and
WHEREAS
, the bicyclists will enter the United States through the City of Port Angeles on April 2,
2014, and will ride down the Olympic Discovery Trailfrom downtown Port Angeles to
Blyn.
NOW, THEREFORE, I, Dan Di Guilio, Mayor,ON BEHALF OF THE CITY COUNCIL OF
PORT ANGELES,
do herebyrecognize International Golden Generation Day as April 1, 2014, and
welcome the Concern & Care Society and their 2014 Golden Generation Thousand Mile Ridersto the
United States of America and the City of Port Angeles. I further urge all citizens to warmly welcome the
riders as they travel through our great City.
April 1, 2014
Dan Di Guilio, Mayor
PUBLIC INTEREST SIGN -UP SHEET
PORTANGELES
W A S H I N G T O N . U.S.A.
DATE OF MEETING: April 1, 2014
You are encouraged to sign below if:
CITY COUNCIL REGULAR MEETING
LOCATION: City Council Chambers
1. You are here to listen to the City Council discussion on a particular agenda item;
2. You want to speak during the Public Comment period of the agenda.
If several members of the public are interested in a particular agenda item, the Mayor may move
that item so it is discussed earlier in the meeting. Also, the Mayor may use the information provided
to organize the Public Comment period.
During the Public Comment portion of the meeting, the Mayor will invite citizens to talk with the Council
about topics that are not scheduled for public testimony on the evening's agenda. Prior to the start of the
"Public Comment" portion of the public hearing, all persons wishing to be heard are asked to sign in with
the Clerk, giving their names and addresses, and topic. The Mayor may arrange the order of speakers so
that testimony is heard in the most logical groupings.
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 15 minutes for this comment period. At the discretion of the
Mayor, these time periods may be lengthened or shortened. Following any public comment, the Mayor may
allow time, limited to five minutes, for response from City Council members and /or City staff. No speaker
may convey or donate his or her time for speaking to another speaker. If many people wish to speak to a
particular issue, the Mayor may limit the total amount of time dedicated to that single issue.
Written comments may be submitted into the record of a Council meeting by presenting the written
document to the Clerk prior to the meeting, in which case a copy of the document will be provided to each
Council Member, but the document will not be read aloud; or a document may be distributed to the City
Council, with a copy to the Clerk, by a speaker while the speaker is addressing the Council.
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G: \Group \Clerk\Forms \Council Attendance Roster.doc
Smart Meter Concerns
Protect The
Peninsula's
Future
P.O. Box 1677
Sequim, WA 98382
I am Edna Willadsen, resident at 1719 E Lambert Lane, I am Chair of the
Committee on Electromagnetic Pollution for Protect the Peninsula's Future.
My message tonight is a request to drop the contract with Mueller Systems.
We have now discovered that city assurances of privacy protection are
groundless because the AMI system now associated with Mueller supports
critical disclosure of individual electric and water use with an eye to promoting
marketing of various products
I attended the meeting where West Monroe Consulting shared findings
on the current status of the Mueller System, and found that Mueller is
in trouble.
'Mueller Engineering, software development and product management
teams contributed to "Imminent Failure.' Mueller lacked experience in
AMI Systems as defined in the City's contract. West Monroe Consulting said they
could be fixed if the City were to modify it objectives and pay additional
costs for the changes.
Where is the additional $1,890,000.00 coming from to pay for the changes that
Since 1973, a non-profit corporation dedicated to the wise landuse of the North Olympic Peninsula
Visit our web site at www.olympus.net/community/oecipplhan
Mueller will have to make to comply with the contract? There will be
additional cost for the Information Technologists and staff, license fees,
maintenance.
If the City computer system does not support the AMI system then it to
will have to be replaced.
The City could use outside sources for Information Technologist and
and staff, it will come with a cost to the taxpayers.
This Smart Meter project will have an adverse effect on stay at home
Moms, elderly, sick, and business. They will be the ones paying the
higher bills. Moms with small children, the elderly and sick, could
easily find that they will be charged more than they can afford to pay,
as some are on fixed incomes and cannot be expected to sit in a home
with no heat, or prepare something to eat, or take a shower if needed.
The irony of this, is business is what you have been coveting to move
to the city only to find that the 7AM -7PM time when most are open for business
will billed at the highest rates and could prove to be more than what they
can absorb.
The City is now calling the Mueller System the AMI System.
When I approached the city (11/26/13) with what the AMI system is
designed to do I was told that it did apply to you.
I wrote a letter to Department of Energy for clarification of the AMI System
Security Requirements and found they are the current guidelines and
they apply to AMI users.
This document supports our claim about violation of privacy, as they make
it very clear that their goal is to collect information then share with
other sources.
The only thing that we the people have asked of you, is please do us no
harm, and so far you have failed to hear us.
CITY COUNCIL MEETING
Port Angeles, Washington
February 4, 2014
CALL TO ORDER SPECIALMEETING:
Mayor Di Guiliocalled the specialmeeting of the Port Angeles City Council to order at 5:16 p.m.
ROLL CALL:
Members Present: MayorDi Guilio, Deputy Mayor Downie, Councilmembers Bruch, Collins, Gase, Kidd and
Whetham.
Members Absent: None.
Staff Present: City Manager McKeen, Attorney Bloor, Clerk Hurd, C. Fulton, B. Olson, N. Westand H.
Greenwood.
EXECUTIVE SESSION:
Based on input from Attorney Bloor, Mayor Di Guilioannounced the need for an Executive Session, under the
authority of RCW 42.30.110(1)(i) for the purpose of discussing potential litigation with legal counsel, for
approximately 35minutes. The Executive Session convened at 5:18p.m.
RETURN TO OPEN SESSION:
The Executive Session concluded at 5:38p.m. No action was taken.
ADJOURNMENT:
Mayor Di Guilioadjourned the Special Meeting at 5:38p.m.
CALL TO ORDER-REGULAR MEETING:
Mayor Di Guiliocalled the regular meeting of the Port Angeles City Council to order at 6:00 p.m.
ROLL CALL:
Members Present: Mayor Di Guilio, Deputy Mayor Downie,Councilmembers Bruch, Collins, Gase, Kiddand
Whetham.
Members Absent: None.
Staff Present: City Manager McKeen, Attorney Bloor, Clerk Hurd,C. Delikat, K. Dubuc, C. Fulton, T. Gallagher,
B. Olson, N. West,H. Greenwood, J. Harper, R. Hostetler, M. Abed and D. Bellamente.
PLEDGE OF ALLEGIANCE:
Mayor Di Guilioled the Pledge of Allegiance to the Flag
PUBLIC COMMENT:
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Cindy Turney, 430 W. 8St., spoke in opposition to smart meters.
Virginia Leinart, 3002 S. Peabody, spoke in opposition to smart meters.
Dan Williams, 2416 Woodside Circle, spoke in favor of the Apprenticeship Program Ordinance.
nd
St., spoke in opposition to the Solid Waste Flow Control Ordinance.
James Creelman, 1101 E. 2
PORT ANGELES CITY COUNCIL MEETING – FEBRUARY 4, 2014
OTHER CONSIDERATIONS:
1.West Monroe Partners AMI Project Update
City Manager McKeen introduced the agenda item and provided a brief history of the Automated Metering
Infrastructure (AMI) project. He listed the original goals which drove the AMI project and described the hiring of
Mueller to complete the project. He stated West Monroe Partners had recently been hired to evaluate the current
state of the Mueller contract.
Public Works & Utilities Director Fulton also provided a brief history regarding the project, describing the effort
and time that went into trying to make the project successful. He stated a breach of contract letter was sent to
Mueller in January.
Attorney Bloor explained tonight’s presentation, conducted by West Monroe Partners, is their status on the Mueller
contract. He reminded everyone that Council cannot take action tonight on this issue because the City is still under
contract.
Tom Hulsebosch and David South, from West Monroe Partners, conducted a PowerPoint presentation regarding
their findings. Council discussion followed. No action was taken.
Mayor Di Guilio recessed the meeting for a break at 8:19 p.m. The meeting reconvened at 8:30 p.m.
2.U.S. Coast Guard Land Use Agreement
Director Fultonintroducedthe proposed land use agreement with the United States Coast Guard and explained the
agreement would allow for occasional helicopter extraction training exercises. Council discussion followed.
United States Coast Guard Commander Michael Campbell discussed their plans for the land use agreement and
answered questions from Council. Council discussion followed.
It was moved by Kiddand seconded by Gaseto:
Approve and authorize the City Manager to sign the USCG Land UseAgreement allowing occasional helicopter
extraction operationsto take place at the City landfill site, and to make minor modifications to the agreement, if
Motion carried 7-0.
necessary.
CONSENT AGENDA
:
Mayor Di Guilio removed Consent Agenda item, WTIP Esplanade Construction Contract, at the request of
Councilmember Bruch.
It was moved by Downieand seconded by Gaseto approve the Consent Agenda to include:
ththst
1.City Council Minutes: December 17, 2013, January 7, 2014 and January 21, 2014
2.Expenditure Approval List: 01/11/2014 to 01/24/2014 for $3,792,088.52
3.Lodging Tax Advisory Committee Appointments / Approve
4.Council Committee Assignment Updates / Approve
Motion carried 7-0.
5.WTIP Esplanade Construction Contract
Community and Economic Development Director Westintroduced the proposed final acceptance on the Esplanade
project, Phase I of the Waterfront Transportation Improvement Project. Council discussion followed regarding
issues noticed at the site and whether or not the retainage should be released at this time.
It was moved by Bruch and seconded by Downie to:
Postpone the agenda item to the next City Council meeting. Council discussion followed
The motion was withdrawn by Councilmember Bruch and Downie.
Council discussion followed.
It was moved by Bruch and seconded byDownieto:
Approve and authorize final change orders 8, 9, 10 and 11 in the amount of $82,857.01 for the project.
Motion carried 7-0.
Page 2 of 4
PORT ANGELES CITY COUNCIL MEETING – FEBRUARY 4, 2014
ORDINANCES NOT REQUIRING PUBLIC HEARINGS:
1.SolidWasteFlowControlOrdinance
Director Fulton discussed some minor changes to the ordinance since the first reading. Council discussion followed.
Mayor Di Guilio conducted a second reading of the ordinance by title, entitled,
ORDINANCE NO. 3595
AN ORDINANCE of the City of Port Angeles, Washington adding a new Chapter 13.55 of the Port Angeles
Municipal Code relating to solid waste flow control.
It was moved by Downieand seconded by Kiddto:
Adopt the ordinance as read by title. Council discussion followed.
Motion carried 7-0.
2.City Hall Hours Ordinance Amendment
Manager McKeenprovided a brief history regarding the previous changes made to City Hall hours. He discussed the
negative feedback the City had received since decreasing the hours in 2009 and proposed the new City Hall hours
ordinance amendment. Council discussion followed.
Chief Financial Officer Olson described the changes to the Customer Service counter as part of the proposed City
Hall hours amendment. Council discussion followed.
Mayor Di Guilio conducted a first reading of the ordinance by title, entitled,
AN ORDINANCE of the City of PortAngeles, Washington making changes to Chapter 2.44.030 and Chapter
3.70.010 of the Port Angeles Municipal Code relating to City Hall business hours.
3.Apprenticeship Program Ordinance
Director Fulton introduced the Apprenticeship Program Ordinance and described the group effort that was involved
in researching and creating this proposed program.
Manager McKeen thanked Councilmember Whetham for his support on this issue.
Director West stated Peninsula College has been extremely receptive and wants to participate in the proposed
program.
Councilmember Whethamdescribed his interest and participation in the development of the ordinance and stated his
support for moving forward with this program. Council discussion followed.
Mayor Di Guilio conducted a first reading of the ordinance by title, entitled,
AN ORDINANCE of the City of Port Angeles, Washington adding a new Chapter 3.80 to Title 3 of the Port
Angeles Municipal Code establishing an apprentice program.
Council discussion followed.
RESOLUTIONS NOT REQUIRING PUBLIC HEARINGS:
1.Statement of Intent-Use of Sales and Utility Tax from the Landfill Bluff Project
Chief Financial Officer Olson described the proposed resolution stating the intent was for the Council to declare all
sales and utility tax received as a result of the Landfill Bluff Project would not benefit the General Fund. He
explained the taxes would be added to the project fund.
Page 3 of 4
PORT ANGELES CITY COUNCIL MEETING – FEBRUARY 4, 2014
Manager McKeen explained the proposed resolution would help keep the utility rates low for our citizens. Council
discussion followed.
Mayor Di Guilio read the resolution by title, entitled,
RESOLUTION NO. 01-14
A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring the intent of the City
Council regarding sales tax collected on the Solid Waste Landfill Bluff Stabilization Project and utility tax collected
on the Solid Waste LandfillBluff Utility Surcharge.
It was moved by Collins and seconded by Kidd to:
Pass the resolution as read by title.
Motion carried 7-0.
It was moved by Downie and seconded by Bruch to:
Extend the City Council meeting past 10:00 p.m.
Motion carried 7-0.
CITY COUNCIL REPORTS:
Councilmember Bruch spoke regarding the recent loss of a Lower Elwha Klallam Tribe Elder. Mayor Di Guilio
spoke regarding his attendance at the recent AWC Legislative Conference. Deputy Mayor Downie also spoke
regarding his attendance at the recent AWC Legislative Conference. Councilmember Whetham spoke regarding his
attendance at the Saturday Farmers Market. Councilmember Gasealso spoke regarding his attendance at the recent
AWC Legislative Conference. No other reports were given.
INFORMATION:
Manager McKeen spoke regarding the reports in the packet. Director West provided a brief update on the potential
meeting and conference center project between the City, NOAA, Feiro Marine Life Center and Neeser Construction.
EXECUTIVE SESSION
:
It was determined there was no need for an executive session.
ADJOURNMENT:
Mayor Di Guilioadjourned the meeting at 10:05p.m.
_____________________________________ _______________________________
Dan Di Guilio, Mayor Janessa Hurd, City Clerk
Page 4 of 4
CITY COUNCIL MEETING
Port Angeles, Washington
February 18, 2014
CALL TO ORDER SPECIALMEETING:
Mayor Di Guiliocalled the specialmeeting of the Port Angeles City Council to order at 5:15p.m.
ROLL CALL:
Members Present: MayorDi Guilio, Deputy Mayor Downie, Councilmembers Collins, Kidd and Whetham.
Members Absent: Councilmember Bruch and Gase.
Staff Present: City Manager McKeen, Attorney Bloor, Clerk Hurd, B. OlsonandN. West.
EXECUTIVE SESSION:
Based on input from Attorney Bloor, Mayor Di Guilioannounced the need for an Executive Session, under the
authority of RCW 42.30.110(1)(i) for the purpose of discussing potential litigation with legal counsel, for
approximately 30minutes. The Executive Session convened at 5:19p.m.
RETURN TO OPEN SESSION:
The Executive Session concluded at 5:46p.m. No action was taken.
ADJOURNMENT:
Mayor Di Guilioadjourned the Special Meeting at 5:46p.m.
CALL TO ORDER-REGULAR MEETING:
Mayor Di Guiliocalled the regular meeting of the Port Angeles City Council to order at 6:00 p.m.
ROLL CALL:
Members Present: Mayor Di Guilio, Deputy Mayor Downie,Councilmembers Bruch, Collins, Gase, Kiddand
Whetham.
Members Absent: None.
Staff Present: CityManager McKeen, Attorney Bloor, Clerk Hurd,C. Delikat, K. Dubuc, C. Fulton, T. Gallagher,
B. Olson, N. West, S. Roberds, S. Johns, D. Bellamente, P. Lusk, M. Abed and G. King.
PLEDGE OF ALLEGIANCE:
Mayor Di Guilioled the Pledge of Allegiance to the Flag
CEREMONIAL MATTERS, PROCLAMATIONS & EMPLOYEE RECOGNITIONS
1.Certificate of Recognition - Dean Reed
Public Works and Utilities Director Fulton and retired Public Works and Utilities Director Cutler presented Dean
Reed with a certificate of recognition in honor of his service on the Utility Advisory Committee.
PUBLIC COMMENT:
Devon Graywolf, 238 Lopez, spoke in favor of saving the Lincoln Park trees.
Dick Pilling, 72 Mt. Pleasant Heights Lane, spoke in opposition to the proposed Apprenticeship Program Ordinance.
The following individuals spoke in favor of the proposed Apprenticeship Program Ordinance: Tami St. Paul,Rylan
Greenstreet,Vince Cadden and Chuck Mo.
PORT ANGELES CITY COUNCIL MEETING – February 18,2014
Barbara Frederick, Executive Director of the Port Angeles Downtown Association, presented the Council with the
PADA Partner Award for the Waterfront Improvement Project.
th
Judi Hangartner, 1815 E. 4St., spoke in opposition to the AMI project.
CONSENT AGENDA
:
Director Fulton provided a brief explanation regarding Consent Agenda item #3, stating the proposal was to install a
metering system to monitor the Ranney Well status over time. Council discussion followed.
It was moved by Bruchand seconded by Kiddto approve the Consent Agenda to include:
1.City Council Minutes: January 14, 2014
2.Expenditure Approval List: 01/25/2014 to 02/07/2014 for $4,276,739.49
3. Ranney Well Professional Services Agreement Amendment No. 1 / Approve Agreement Amendment for
$21,130, for a total contract amount of $71,130
4.Public Safety Advisory Board Appointment / Appoint
5.Computer Maintenance Management System Software License Renewal/ Approve one-year license
renewal for $27,100
6.Washington Transportation Alternative Program Grant Acceptance/ Accept Grant
7.Utility Advisory Committee Representatives/ Confirm Appointments
th
& Francis Street Sewer Trestle, Project WW05-06/ Approve Change Order 3 for$26,109.15, for a total
8. 8
contract amount of $229,955.88
Motion carried 7-0.
QUASI-JUDICIAL MATTERS –REQUIRING PUBLIC HEARINGS
1.Green Crow Rezone
Mayor Di Guilio inquired of the Councilas to whether any of the members had a conflict of interest or any reason
under the Appearanceof Fairness Doctrine, or any other reason, why they could not fairly and impartially hear or
participate in the issue.
Councilmember Gase stated he had received an email from a neighbor of the proposed rezone area. Deputy Mayor
Downie, Councilmember Bruch and Collins stated they had received the same emailas well. All confirmed they did
not respond to the email. Councilmember Collins also stated he was invited to discuss the issue with a citizen and he
declined. No other statements were made and all Councilmembers agreed they could hear the issue fairly and
impartially.
Mayor Di Guilio inquired as to whether any member of the audience wanted to disqualify a Councilmember under
the Appearance of Fairness Doctrine, and no one from the audience responded.
Community and Economic Development Director West informed Council the email they referred to receiving is part
of the record. He described the proposed rezone stating, it was a request to change from residential single family to
residential medium density.
Associate Planner Johns conducted a PowerPoint presentation regarding the proposed rezoneand provided a brief
overview of the staff report. Council discussion followed.
Mayor Di Guilio conducted a first reading of the ordinance by title, entitled,
ORDINANCE NO.______
AN ORDIANCE of the City of Port Angeles, Washington, rezoning approximately 1.56 acres from RS-9
Residential Single Family to RMD Residential Medium Density.
Page 2 of 5
PORT ANGELES CITY COUNCIL MEETING – February 18,2014
ORDINANCES NOT REQUIRING PUBLIC HEARINGS:
1.Apprenticeship Program Ordinance
Attorney Bloor described some minor changes to the proposed ordinance since the first reading.
Director Fulton stated the proposed ordinance was developedto enhance work force capacity in the local
community. Council discussion followed.
Mayor Di Guilio conducted a second reading of the ordinanceby title, entitled,
ORDINANCE NO. 3496
AN ORDINANCE of the City of Port Angeles, Washington adding a new Chapter 3.80 to Title 3 of the Port
Angeles Municipal Code establishing an apprentice program.
It wasmoved by Kiddand seconded by Whethamto:
Adoptthe ordinance as read by title, with a program review in 4 years.
Council discussion followed. Councilmember Gase stated for the record he objected to adding multiple layers of
Motion carried 7-0.
government, but would be voting in favor of the motion.
Mayor Di Guilio recessed the meeting for a break at 7:35 p.m. The meeting reconvened at 7:47 p.m.
2.City Hall Hours Ordinance Amendment
Manager McKeen introduced the proposed amendment to increase City Hall hours and stated the target start date
was approximately March 1, 2014. Council discussion followed.
Mayor Di Guilio conducted a second reading of the ordinance by title, entitled,
ORDINANCE NO. 3497
AN ORDINANCE of the City of Port Angeles, Washington making changes to Chapter 2.44.030 and Chapter
3.70.010 of the Port Angeles Municipal Code relating to City Hall business hours.
It was moved by Kiddand seconded by Collinsto:
Adopt the ordinance as read by title.
Motion carried 7-0.
OTHER CONSIDERATIONS:
1. Interagency Agreement with State Department of Ecology
Director Fulton explained the need for the proposed Interagency Agreement with the Washington State Department
of Ecology, stating it allowed the City to receive and spend the financial assistance offered by DOE for the Landfill
Bluff Stabilization Project. Council discussion followed.
It was moved by Downieand seconded by Kiddto:
Accept the financial assistance from the Washington State Department of Ecology in the amount of $3,999,100 and
authorize the City Manager to sign the Interagency Agreement for the acceptance and administration of these funds,
and to make minor modifications to the Agreement, if necessary.
Motion carried 7-0.
Page 3 of 5
PORT ANGELES CITY COUNCIL MEETING – February 18,2014
2. Port Angeles Harbor Cleanup Process- Amendment to Work Order #2
Attorney Bloor introduced the proposed amendment to Work Order #2 regarding the Port Angeles Harbor Cleanup
Process. He stated the amendment expanded the scope of work and increased the total price to perform watershed
loading calculations and evaluation, items which are important to the determination of natural recovery rates.
Councilmember Bruch recused herself from the agenda item due to her employment with the Lower Elwha Klallam
Tribe. Council discussion followed.
It was moved by Collinsand seconded by Gaseto:
Authorize the City Manager to approve an amendment to Work Order No. 2 expanding the scope of work and
increasing the total price from $555,500 to $573,500 and to approve minor modifications to the Work Order as
needed.
Motion carried 6-0, with Councilmember Bruch abstaining from the vote.
3. Capacity Provisioning Incorporated - Amendment to the Memorandum of Understanding
Manager McKeen provided a brief history on the City’s agreements with Capacity Provisioning Incorporated (CPI)
and therecent offer from Wave Broadband to purchase CPI. He reminded Council of the Memorandum of
Understanding with CPI, approved by Council on December 17, 2013, regarding the purchase of CPI by Wave
Broadband, and the future rate predictability it provides the City. He stated Wave Broadband had one objection to an
item in the MOU, and asked the City to compromise on this issue. He explained the proposed amendment to the
MOU exempted specified connections from the 90-day notice provision. Council discussion followed.
It was moved by Downieand seconded by Kiddto:
Approve the proposed amendments to the MOU with CPIattached, and authorize the City Manager to make minor
modifications as necessary.
Motion carried 7-0.
4. Cable TV Franchise Renewal Professional Services Agreement
Director Fulton explained the City needed to begin the process of renewing its Cable Television Franchise
Agreement. He explained under the Federal Cable Television Act, a renewal process could take up to 36 months to
complete. He described staff’s request to retain Columbia Telecommunications Corporation (CTC) to assist with the
completion of the renewal process, due to their many years of experience working on cable franchise renewals.
Council discussion followed.
It was moved by Kiddand seconded by Whethamto:
Approve and authorize the City Manager to sign the CATV Franchise Renewal Professional Services Agreement
with Columbia Telecommunications Corporation in an amount not to exceed $76,850 and to make minor
modifications to the agreement, if necessary.
Motion carried 7-0.
FINANCE:
1. Lodging TaxAdvisory Committee 2014 Recommendations
Director West provided a brief description of the Lodging Tax Advisory Committee 2014 recommendations. He
described the tools of measurements they proposed on using to evaluate return on investment and stated the
committee proposed meeting at least quarterly to review these measurement results. Council discussion followed.
Port Angeles Regional Chamber of Commerce Executive Director Russ Veenema answered questions from Council
regarding marketing dollars spent by the Chamber and agreed to work on the goals set by the committee.
It was moved by Downieand seconded by Kiddto:
Approve the Lodging Tax Advisory Committee’s recommended amended marketing budget subject to the required
list of performance measures and to lift the sequestration for use of these funds;and direct staff to prepare a 2014
Budget amendment as appropriate.
Motion carried 4-3, with Whetham, Bruch and Di Guilio voting in opposition.
Council discussion followed.
Page 4 of 5
PORT ANGELES CITY COUNCIL MEETING – February 18,2014
2WTIP Esplanade Construction Contract- Final Acceptance
Director West stated Primo Construction had completed the construction of the waterfront Development Esplanade
project and the work had been accepted as complete. He discussed the issues brought up by Council at the previous
City Council meeting and explained all the issues were reviewed and determined to be maintenance issues, except
one warranty issue. He explained a notice had been sent regarding the warrant issue and requested Council authorize
the release of the retainage bond on the project. Council discussion followed.
It was moved by Kiddand seconded by Whethamto:
Accept the Waterfront Development Esplanade construction contract and authorize release of the retainage bond
upon receiptof the required clearances.
Motion carried 7-0.
CITY COUNCIL REPORTS:
Councilmember Whetham spoke regarding his attendance at the UAC and Parks Commission meetings.
Deputy Mayor Downie spoke regarding his attendance at the PADA Annual meeting and a recent visit with George
Bergner to Victoria regarding bicycle tourism. He emphasized the importance of marketing.
Mayor Di Guilio spoke regarding ORCAA and the recent placement of additional air monitors in the area. He
thanked Chief Dubuc for his assistance with the placement of a monitor on the Fire Station.
Councilmember Kidd discussed her attendance at the Olympic Peninsula Tourism Commission meeting.
Councilmember Bruch spoke regarding her interest in attending an upcoming healthy cities conference.
Councilmember Collins spoke regarding the upcoming Feiro Marine Life Center fundraiser this Friday evening.
No other reports were given.
INFORMATION:
Manager McKeen spoke regarding the reports in the packet and reminded Council of an upcoming work session on
th
, regarding public records training and an update on the proposed shared marine campus facility.
February 25
EXECUTIVE SESSION
:
It was determined there was no need for an executive session.
ADJOURNMENT:
Mayor Di Guilioadjourned the meeting at 9:18p.m.
_____________________________________ _______________________________
Dan Di Guilio, Mayor Janessa Hurd, City Clerk
Page 5 of 5
CITY COUNCIL SPECIAL MEETING
Port Angeles, Washington
February 25, 2014
CALL TO ORDER SPECIALMEETING:
Mayor Di Guiliocalled the specialmeeting of the Port Angeles City Council to order at 5:05p.m.
ROLL CALL:
Members Present: MayorDi Guilio, Deputy Mayor Downie, Councilmembers Bruch, Collins, Gase, Kidd and
Whetham.
Members Absent: None.
Staff Present: City Manager McKeen, Attorney Bloor, Clerk Hurd, B. Olson andN. West.
WORKSESSION:
Attorney Bloor conducteda City Council orientation session using PowerPoint slides. Council discussion followed.
Community and Economic Development Director West provided an update on the proposed shared marine campus
facility using PowerPoint slides.
Councilmember Gase stated he had a conflict of interested regarding the topic and left the Council Chambers prior
to the presentation.
Council discussion followed.
ADJOURNMENT:
Mayor Di Guilioadjourned the meeting at 8:03 p.m.
_____________________________________ _______________________________
Dan Di Guilio, Mayor Janessa Hurd, City Clerk
CITYCOUNCILMEMO
D:
April 1, 2014
ATE
T:CC
OITY OUNCIL
F:
Craig Fulton, P.E., Director of Public Works and Utilities
ROM
S: Material Purchase: Electric Transformers, Contract LO-14-002
UBJECT
Summary:
Bids were received on March 20, 2014 for the purchase of two pad-mounted transformers for
the Light Operations Division. Three vendors representing sixmanufacturers bid on this material
purchase. HD Supply Power Solutions of Portland, Oregon was the lowest responsible bidder.
Recommendation: Award and authorize the City Manager to sign a contract with HD Supply
Power Solutions, Inc., of Portland, Oregon for two 1500 kVA pad-mounted transformers
manufactured by CG Power, at a price of $48,701.95, including sales tax, and tomake minor
modifications to the contract,if necessary.
Background/Analysis:
Bids were received on March 20, 2014 for two 1,500 kVA pad-mounted transformers.
This procurement is to replace two existing PCB contaminated transformers at Olympic Medical Center.Olympic
Medical Center is funding the cost of these replacements.
Three vendors, all based in the state of Oregon, bid on this material purchase:General Pacific Inc., Fairview,HD
Supply Power Solutions, Portland, and WESCO Distribution Inc., Portland.Together they represent six
manufacturers. The basis for award in this procurement is the Total Life-Cycle cost that includes the effects of
transformer efficiencies and the cost of lost energy over the life of the unit. In this bid, the units with the lowest
life-cycle costs were also the unitswith the lowest initial costs. The unit with the lowest costs (GE) did not comply
with the technical specifications and was therefore non-responsive. The lowest responsiblebid was CG Power
from HD Supply. A bid summary is provided below:
Material Purchase Contract, LO-14-002
(Prices Include Sales Tax and Fees)
Distributer(Manufacturer)Total Cost forTotal Life-Cycle Cost
Transformers
HD SupplyPower Solutions. (GE)$43,399.02$107,278.26
HD Supply Power Solutions (CG Power)$48,701.95$115,566.35
HD Supply Power Solutions (Cooper)$68,641.05$140,709.58
WESCO (ABB)$57,664.46$126,767.09
General Pacific (Ermco)$49,146.40$118,760.91
General Pacific (Howard –Amorphous Core)$60,138.55$132,255.59
General Pacific (Howard –Standard Core)$62,167.97$126,040.51
Government Estimate$60,000.00
It is recommended that CityCouncil award and authorize the City Manager to sign a contract with HD Supply
Power Solutions, Inc., of Portland, Oregon for two 1,500 kVA pad-mounted transformers manufactured by CG
Power, at a price of $48,701.95, includingsales tax, and to make minor modifications to the contract, if necessary.
G:\\CNCLPKT\\PACKET ITEMS\\2014\\CC0401\\SECTION E\\Material Purchase - Electric Transformers, Contract
LO-14-002.doc
CCM
I T YO U N C I LE M O
D:
April 1, 2014
ATE
T:CC
OITY OUNCIL
F:
Craig Fulton, P. E, Director of Public Works & Utilities
ROM
S: FCS Group Professional Services AgreementAmendment No. 1
UBJECT
Summary: The City Council has requested detailed cost of service information for the City’s
utilities, as well as rate scenarios to assist them in determining the 2015 utility rates.
Additionally, the cost of service for the City’s stormwater utilityhas changed due to the
addition of capital projects. Lastly, the Electric Basic Charge of the Industrial Transmission
customer has not been reviewed since 2009.The FCS Group was subsequently requested to
update the utility cost of service models, and to add a cost of service analysis for the stormwater
utility and for the Electric Basic Charge of the Industrial Transmission customer.The cost of
the added scopes of work increases the budget by $42,675, from $145,876 to $188,551, and will
be paid for using utility reserves.
Recommendation: Approve and authorize the City Manager to sign Amendment #1 to the
Professional Services Agreement with FCS Group for an added amount not to exceed $42,675
and to make minor modifications to the agreement, if necessary.
Background/Analysis:
During the 2014 utility rate setting process, City Council requested that staff
provide additional information for its 2015review of the City’s utility rates. For example, there may
be the situation that some utility rate classes are being subsidizing by other rate classes. Other
questions raised by the City Council included the differentiation of fixed versus variable costs within
the utility rate structure, information about how the Bonneville Power Administration wholesale
power rates affect the Cityretail electric rates, and also for a variety of analytic scenarios to ensure
the various rate classes of all of the City’s utilities are recovering their corresponding costs with an
equitable rate schedule.
In addition, the stormwater utility requires an update of its cost of service analysis to include its
capital projects, and that the projected revenues are adequate to ensure that the funds requiredare
adequate for the projected operational and capital expenditures. Current projections suggest that the
stormwater utility’s 2014 rate schedule may not be adequate to cover costs.
Further, the electric basic charge for the Industrial Transmission customer has not been reviewed
since 2009. This basic charge includes theadditional costs to the City that resultfrom the Industrial
Transmission customer(s) additional electrical load and related wholesale power costs.These costs
should be independently reviewed examined to ensure to ensure a fair and equitable apportionment of
costsbetween electric rate customers.
April 1, 2014 City Council
Re: FCS Group Professional Services Agreement Amendment No. 1
Page 2
In order to provide the best information available to City Council, FCS Group has been requested to
update the 2013 cost of service analysis for the City’s utilities, and to add stormwater and the
Industrial Transmission electric basic charge to the analysis. This is an amendment to the FCS
Group’s existing professional service agreement. The cost for these added services is $42,678, which
will be paid for from the reserveaccounts of the various utilities. The scope has been developed in
conjunction with the City Manager and the Chief Financial Officer. The Amendment has been
reviewed by the City Attorney. FCS Group will provide the initial information as part of the City
nd
Council’s Workshop on April 22, 2014.
It is recommended that City Council approve and authorize the City Manager to sign Amendment #1
to the Professional Services Agreement with FCS Group in an added amount not to exceed $42,675
and to make minor modifications to the agreement, if necessary.
CCouncil Memo Amendment No 1 FCS PSA page 2
April 1, 2014
THIS AMENDMENT NO. 1 is made and entered into this __day of _____ , 2014 by
and between THE CITY OF PORT ANGELES, a non-charter code city of the State of
Washington, (hereinafter called the "CITY") and FCS GROUP, INC , a Washington
Corporation (hereinafter called the "CONSULTANT").
WHEREAS, the CITY entered in to an AGREEMENT with the CONSULTANT on the
th
7 of May 2013, (the AGREEMENT) and
WHEREAS, the CITY desires to amend the AGREEMENT to amend the Scope of
Services, Budget, and Time of Performance.
NOW, THEREFORE, in consideration of the representations and the terms, conditions,
covenants and agreements set forth in this AMENDMENT, the original AGREEMENT
is hereby amended as follows:
The amended scope of professional services to be performed and the results to be
achieved by the CONSULTANT pursuant to the AGREEMENT shall be amended to
read as shown in the attached Exhibit A to Amendment 1. The Scope of Services shall
include all services and material necessary to accomplish the work.
The CONSULTANT'S total compensation and reimbursement are stated in the
attached Exhibit A to Amendment 1. The maximum compensation amount, referenced
in Section VI of the Agreement, is amended from $145,876 to $188,551 an increase of
$42,675. The budget for any Task may be further adjusted by mutual agreement
without an amendment to the Agreement, as long as the maximum compensation
amount of $188,551 is not exceeded.
Except as modified herein, the original Agreement and Exhibits A through D shall
remain in effect.
In WITNESS THEREOF, the parties hereto have executed this Amendment No. 1 to
the Agreement as of the day and year first written above.
Page 1
CONSULTANT CITY
FCS GROUP, INC CITY OF PORT ANGELES
BY: ____________________________ BY:
____________________________________
CITY MANAGER
TITLE: _________________________
SIGNATURE DATE: ____________________
SIGNATURE DATE: ________________
APPROVED AS TO FORM:
BY:
____________________________________
CITY ATTORNEY
ATTEST:
BY:
____________________________________
CITY CLERK
Page 2
FCS GROUP
Solutions-Oriented Consulting
EXHIBIT A
CITY OF PORT ANGELES
RATE ADVISORY SERVICES
Scope of Services
Task 1: Cost of service update
Update the 2013 cost of service analyses for water, sewer, collection, transfer station and
electric utilities
For sewer, collection, transfer station and electric utilities the cost of service update
will consist of updating costs for the 2014 budget. All other assumptions for
classification and allocation will remain unchanged (does not include an update of the
electric load analysis).
Provide a summary of cost of service changes compared to initial results
Update the transfer station debt with the latest
advisor.
Incorporate latest capital improvement program and update capital funding plan for
each utility.
For the water utility cost of service, a more detailed analysis will be conducted on the
monthly customer statistics to determine if study results, by customer class, are
maintained. Update allocation factors with updated usage information.
The combined sewer overflow (CSO) rate shall evaluate different methods for cost
allocation to customer classes.
Task 2: Rate Design
Update all utility rate proposals for 2015 and 2016 (across the board application)
The 2013 Sewer rates incorporated a 10-year cost of service phase-in; the phase-in will
require updating.
Does not include rate structure changes
Incorporate findings from the CSO evaluation into rates
Collection rates shall separate the transfer station debt as a separate rate component.
Task 3: Fixed and Variable Cost Review
For each utility, provide a line item cost review to determine total fixed and variable costs.
Page 1
Firm Headquarters Locations
Redmond Town Center Washington | 425.867.1802
7525 166 Ave. NE., Suite D-215 Oregon | 503.841.6543
th
Redmond, Washington 98052 Alaska | 907.242.0659
March 25, 2014
City of Port Angeles
Rate Advisory Services
Summarize key cost components/areas and provide in numeric and graphic form.
Develop template in the existing model to facilitate this cost summary in the future.
Template will allow for a summary at different cost levels \[e.g. 1) summary of total
operating costs, 2) broken down further by labor, chemicals, etc.\]
Task 4: Industrial Transmission Rate Review
Review and Update Basic Charge
Review existing charge documentation
Develop cost basis for updating basic charge this will include a line item review of
applicable costs.
Develop equitable allocation of costs this may require discussions with staff regarding
time spent and level of effort on certain tasks.
Calculate updated basic charge
Review IT Rate Schedule Regarding Change in Service Level
Review rate schedule
Discussions with BPA representative
Options for covering City related to credits and stranded costs, if applicable
Task 5: Stormwater Financial Plan and Rate Forecast
Use 2014 Budget as baseline and prepare projected 2015 2019 expenses
Analyze current budget and project future revenue and expenses (O&M, taxes, debt service
and capital from rates)
Analyze capital facilities plan (2 scenarios: debt/cash split and annual deprecation funding)
and its impacts on revenue requirements and City budget
Develop annual rate strategy (2015 2017) and alternatives
Perform up to two rate strategy sensitivity analyses and alternatives
Update existing rates with the proposed adjustments
Compare proposed rates to existing schedules to ensure revenue sufficiency
Facilitate a review meeting to go over draft results
SCHEDULE
Adraft of Task 1, 2 and 3 (cost of service analysis, rate design and fixed/variable cost review) is to
be completed in sufficient time to incorporate edits and finalize for City to present to Council on or
around April 28.All tasks shall be completed by July 31, 2014.
FCS GROUP
Page 2
March 25, 2014
City of Port Angeles
Rate Advisory Services
BUDGET
CONSULTANT HOURS
Total
SanchezTarasovEvanchoGonzalesReeseOtten
ManagingProjectTechnicalProjectProjectProjectAdmin.EstimatedLabor
PrincipalManagerAdvisorConsultantConsultantAnalystsSupportHoursBudget
Task
Hourly Billing Rates:
$220$165$185$165$145$125$75
8 10 2 4 - 10 2 36 $5,840
Task 1 | COSA Update
- Water Statistics Review/Update Alloc Factors
- - - 4 - 18 - 22 2,910
- CSO Cost Allocation Alternatives
2 - - 8 - - - 10 1,760
2 8 - 2 - 8 - 20 3,090
Task 2 | Rate Design
- Collection System Debt Surcharge 2 4 - - - -
- 6 1,100
4 8 - 4 - 8 - 24 3,860
Task 3 | Fixed and Variable Cost Review
Task 4 | Industrial Transmission Rate Review
- Review and Update Basic Charge 8 2 - - 24 -
- 34 5,570
- Additional Analysis Re: Service Level Changes 16 16 - - - -
- 32 6,160
Task 5 | Stormwater Financial Plan and Rate Forecast
- Data Collection and Validation - 1 - - - 3
2 6 690
- Financial Forecast 4 10 - - - 28 -
42 6,030
- Rate Strategy and Sensitivity Analysis
2 8 - - - 16 - 26 3,760
- Rate Design
1 1 - - - 4 - 6 885
- One GoToMeeting Review
2 2 - - - 2 - 6 1,020
Total Labor Expenses
51 70 2 22 24 97 4 270$42,675
FCS GROUP
Page 3
CCM
I T YO U N C I LE M O
D:
April 1, 2014
ATE
T:CC
OITY OUNCIL
F: NA.W,D
ROMATHAN ESTIRECTOR
C&ED
OMMUNITY CONOMIC EVELOPMENT
S: BAA
UBJECTOARD OF DJUSTMENT PPOINTMENT
Summary:
Vacancy on Board of Adjustment.
Recommendation:
Council should appoint Ernest “John Teichert” to the Board of Adjustment
for the term April 1, 2014 to February 28, 2018.
Background / Analysis:
The City’s Board of Adjustment is comprised of 5 members who serve
for 4-year terms.Three (3) positions are currently vacant due to the expiration of terms of
appointment. Multiple advertisements were placed in the Peninsula Daily Newssince Januaryof
this yearand notice was placed on the City’s web page asking for volunteers to serve on the Board.
At this time,Mr. Ernest “John” Teichertwho generously served on the Board of Adjustment for
two consecutive terms ending in February 28, 2013, is willing to again serve the City as a Board
member. A year has passed since expiration of his previous term, thus, Mr. Teichert is eligible for
a new appointment.
The City presently has a pending application before the Board and must have a quorum in order to
conduct business. Staff will continue to advertise the remaining two vacant positions until they are
filled. Considering Mr. Teichert’s previous service in this capacity, and that he is willing to
continue to serve the City in this volunteer capacity, staff recommends a wavier of the interview
process at this time. Mr. Teichert’s application is provided for your information.
Should Council prefer to proceed with a formalinterview process, staff will schedule an interview
for the next available regularly scheduled Council meeting. However, consideration of
appointment at this Council meeting is requested.
Attachment: Application
D:April 1, 2014
ATE
T:City Council
O
F: TG,CP
ROMERRY ALLAGHERHIEF OF OLICE
S: ONPCPA
UBJECTLYMPIC ATIONAL ARK ITY OF ORT NGELES
LEMAA
AWNFORCEMENT UTUAL ID GREEMENT
Synopsis: The law enforcement Mutual Aid Agreement between the City of Port Angeles
and Olympic National Park (ONP) will soon expire. The Park and properties within the city
limits of Port Angeles owned by ONP enjoy exclusive federal jurisdiction. For either ONP or
the Port Angeles Police Department to continue to provide law enforcement support to one
another the Mutual Aid Agreement must be renewed.
Recommendation:
Authorize the City Manager to sign the Mutual Aid Agreement between
Olympic National Park and the City of Port Angeles to establish the terms and conditions
under which the parties will provide mutual law enforcement assistance to one another.
The City of Port Angeles and Olympic National Park have provided law enforcement assistance to
one another for many years through a Mutual Aid Agreement. The current agreement is set to
expire and the attached agreement must be in place for mutual support to continue. Such
agreements are limited to a five year term under the laws or rules by which ONP operates.
The agreement specifies the following situations for which ONP and/or the City are authorized to
render law enforcement assistance.
Life or death incidents.
Accidents or incidents involving a serious injury or fatality.
Crime scenes involving the protection of human life.
Officer in trouble.
Threats to public health or safety.
Incidents directly affecting park visitor safety or park resource protection.
Felonies committed in the presence of an NPS law enforcement officer that pose an immediate threat to the
It is important to remember that there are federal properties within the City of Port Angeles that are
occupied by ONP. Examples are the ONP VisitorCenter and park headquarters. Absent this
agreement Port Angeles police officers have no authority to provide law enforcement services to
those areas. ONP law enforcement Rangers are cross-commissioned by the Port Angeles Police
Department; Port Angeles police officers are cross-commissioned by ONP. A mutual aid
agreement must be in place, however, for either party to exercise the law enforcement authority
granted through the cross-commissioning.
General Agreement
Between the
National Park Service
and the
Port Angeles Police Department
Article I - Background and Objectives
This agreement is entered into by and between the National Park Service (hereinafter
NPS), United States Department of the Interior, acting through the Superintendent of
Olympic National Park and City of Port Angeles, Acting through the Chief of Police
(hereinafter the CITY) . The purpose of this agreement is to establishthe terms and
conditions under which the parties will provide mutual law enforcement assistance in and
near Olympic National Park.
Whereas the Secretary of the Interior, acting through the NPS, administers Olympic
National Park as a unit of the national park system in accordance with “An Act
Establishing Olympic National Park of 1938” and Title 16 U.S. Code, Section 21, and the
laws applicable generally to units of the national park system; and
Whereas, under Title 16 U.S. Code, Section 21, Olympic National Park is an area of
exclusive Federal Jurisdiction, and thus under Title 18 Section 8 Olympic National Park is
an area of “ Special Maritime and Territorial Jurisdiction”; and
Whereas Title 16 U.S. Code, Section 1a6 (2006) authorizes the Secretary of the Interior
to “designate . . . certain officers or employees of the Department of the Interior who shall
maintain law and order and protect persons and property within areas of the National Park
System”; and
Whereas, Under Title 16 United States Code, Section 1a-6 the NPS has the authority,
jurisdiction, and responsibility to detect, investigate, and apprehend persons violating the
criminal laws of the United States, and to provide law enforcement and emergency
services inside Olympic National Park, and authorized officers while inside the park
system have the authority to make arrests for any misdemeanor committed in their
presence or cognizable felony, and have authority to make arrests outside the system
when “the person to be arrested is fleeing therefore to avoid arrest”, and authorized
National Park Service officers can “execute any warrant or process issued by any court
or officer of competent jurisdiction and for the enforcement of the provisions of any
Federal law or regulation issued pursuant to law arising out of an offense committed within
that system”; and
Whereas, Title 16 U.S. Code, Subsection 1b(1) (2006) authorizes the Secretary of the
Interior to render “emergency rescue, fire fighting, and cooperative assistance to nearby
law enforcement and fire prevention agencies, and for related purposes outside of the
National Park System”; and
Whereas the Revised Code of Washington (RCW) 10.93.070 authorizes Chief of Police
and duly sworn officers appointed by the Port Angles Police Department as defined under
RCW 10 to enforce the laws of the State of Washington and ordinances duly enacted by
the Port Angeles City Council within the City and ordinances enacted by the Clallam
County Commission and state laws outside the CITY and within the County when
authorized by the Sheriff (herein referred to as the COUNTY); and
Whereas, under Revised Code of Washington (RCW, Sections 10.93.070 and
10.93.090, the Chief of Police is authorized to appoint designated National Park Service
Special Agents and U.S. Park Rangers as a peace officer for the purpose of enforcing
state law and CITY ordinances outside Olympic National Park and within the City of Port
Angeles; and
Whereas the CITY of Port Angeles Police Department has appointed certain federally
commissioned Special Agents and U.S. Park Rangers (NPS law enforcement officers)
employed at Olympic National Park as deputies for purposes of enforcing state law and
CITY ordinances in response to certain emergency situations outside of Olympic National
Park and within the City of Port Angeles; and
Whereas, under 16 U.S. Code, Section 1a-6 (b)(1) the Secretary of the Interior through
the Park Superintendent is authorized to designate officers and employees of other
Federal, state, or other political subdivision as “special policeman” to supplement the law
enforcement responsibilities of the NPS ; and
Whereas the Olympic National Park Superintendent has appointed certain members of the
Port Angeles Police Department as special policeman for the purposes of enforcing the
criminal laws of the United States in response to certain emergency situationsinside
Olympic National Park:, and
Whereas, criminal activity on a regional, statewide, and national level affects the quality of
life in Olympic National Park, and the NPS Special Agents and U.S. Park Rangers are
sometimes called to investigate criminal violations that originate inside the park but may
lead to suspects, evidence, and investigative leads outside the park boundary, and the
CITYofficers are sometimes called to investigate criminal violations that originate inside
CITY but may lead to suspects, evidence, and investigative leads that are now inside
Olympic National Park; and
Whereas, both the NPS and the CITY have the personnel, equipment, and skills suited to
the task of managing law enforcement incidents and providing emergency services in their
respective areas; and
Whereas, in certain emergency instances by pooling the resources of the NPS and the
CITY in mutual assistance, the combined strengths and efforts of these two agencies will
provide more effective law enforcement and search and rescue efforts, and a safer
environment for officers of both agencies and the general public; and
Now, therefore, the parties agree as follows:
Article II - Statement of Work
A. “Out-of-park Emergency Law Enforcement Assistance”. Pursuant to 16 U.S. Code,
subsection 1b (1):
1. The situations for which the NPS is authorized to render emergency law enforcement
assistance under this agreement are the following:
a. Life or death incidents;
b. Accidents or incidents involving a serious injury or fatality;
c. Crime scenes involving the protection of human life;
d. Officer in trouble;
e. Threats to public health or safety;
f. Incidents directly affecting park visitor safety or park resource protection;
g. Felonies committed in the presence of the NPS law enforcement officer;
h. Misdemeanors committed in the presence of an NPS law enforcement officer that pose
an immediate threat to the public’s health or safety.
2. Upon receiving an official request from the CITY, the NPS shall render emergency law
enforcement assistance (in those situations described in provision II.A.1 above) to the
CITY whenever possible. The CITY shall direct such requests to the ONP Chief Ranger
via the NPS Communications Center or PENCOM. The Chief Ranger or his/her designee
must approve all such requests before any NPS law enforcement officers may render
emergency assistance.
3. The NPS may render emergency law enforcement assistance in those situations where
a properly appointed NPS law enforcement officer, while in the course of his/her official
duties, observes a nearby emergency situation (as defined in provision II.A.1 above), at
which time the NPS law enforcement officer may secure and manage the scene prior to
the arrival of a CITY officer. The NPS shall immediately notify the CITY of the emergency.
Upon arrival of the first CITY officer on the scene, the NPS law enforcement officer shall
relinquish control; however, upon request the NPS law enforcement officer may continue to
assist the CITY officer (s).
4. The NPS shall render assistance only until such time as the CITY has enough
resources on the scene to adequately control the emergency or until the emergency no
longer exists, whichever comes first.
5. The on-scene commanding officer of the CITY shall be in command of all officers,
including NPS law enforcement officers who are rendering emergency assistance; provided
that the CITY on-scene commander shall exercise command of NPS law enforcement
officers only through the highest ranking NPS law enforcement officer at the scene, which
individual shall be identified by the NPS.
6. For good cause the NPS Chief Ranger or his/her designee may decide at any time to
withdraw emergency law enforcement assistance.
7. Except in events where such circumstances are unavoidable, only NPS law
enforcement officers who have been properly appointed as special police offices or
COUNTY deputies will render emergency law enforcement assistance. The CITY or
COUNTY shall provide appropriate credentials to all such law enforcement officers.
8. NPS law enforcement officers rendering emergency assistance to the CITY pursuant to
this agreement shall wear the official NPS uniform or, if approved by the NPS Chief
Ranger or his/her designee, plain clothes; shall remain under the authority and control of
NPS supervisors; shall be subject to the laws, regulations, and policies of the NPS and of
the United States; and shall not receive any monetary compensation from any source other
than the NPS.
9. NPS law enforcement officers rendering emergency assistance to the CITY pursuant to
this agreement shall be deemed to be acting within the scope of their federal employment.
Under no circumstances shall NPS law enforcement rangers be deemed to be borrowed
servants of the CITY. The Port Angeles Chief of Police has appointed certain federally
commissioned NPS law enforcement officers employed at OlympicNational Park as
specially commissioned officersfor purposes of enforcing state law and CITYordinances in
response to certain emergency situations outside of Olympic National Park and within Port
Angeles. NPS law enforcement officers who have been specifically commissioned by the
Clallam County Sheriff are considered to have been officers properly appointed by the
Chief of Police.
B. “Inside-Park-Emergency Law Enforcement Assistance”. Pursuant to 16 U.S. Code
Section 21, 16 U.S. Code 1a-6 (a) and 16 U.S. Code Section 1a-6 (b) (1):
1. Olympic National Park is an area of exclusive Federal jurisdiction and as
such the NPS has the responsibility to enforce all applicable state and Federal laws within
the boundaries of Olympic National Park.
2. The situations where the NPS will ask the CITY for emergency assistance
include the following:
a. Life or death incidents;
b. Accidents or incidents involving a serious injury or fatality;
c. Crime scenes involving the protection of human life;
d. Officer in trouble;
e. Threats to public health or safety;
f. Incidents directly affecting park visitor safety or park resource protection;
g. Felonies committed in the presence of the CITY officer;
h. Misdemeanors committed in the presence of a CITY officer that pose an immediate
threat to the public’s health or safety.
3. Requests for emergency assistance by the NPS and to the CITY will be done in
the same manner as described previously in the Out-of-Park Emergency Response
section, except that the roles of the NPS and CITY will be reversed.
C. The parties further agree as follows:
1. Each party shall bear its own costs for furnishing services under this agreement, and
neither party shall claim reimbursement for those costs from the other.
2. Nothing in this agreement shall be construed to bind the NPS to expend in any one
fiscal year any sum in excess of funds appropriated by Congress or allocated by the NPS
for the purposes of this agreement.
3. Each party hereby waives any and all claims, demands, and causes of action against
the other party and its employees, and releases the other party and its employees from
any and all liability, arising out of or resulting from activities under this agreement. Each
party shall be solely responsible for any and all claims, demands, and causes of action
filed by third parties arising out of or resulting from the activities of its employees under
this agreement, including, but not limited to, the costs of investigating and defending
against such claims, demands, and causes of action and the costs of paying any
compromise settlements, judgments, assessed costs, or fees (including attorney’s fees).
4. The parties shall coordinate all public information releases about law enforcement
incidents, investigations, actions, and other matters involving both parties. No public
information release by one party shall refer to the other party or to any employee of the
other party (by name or otherwise) without the other party’s prior approval.
Article III - Term of Agreement
This agreement shall be effective for a period of five years after the date of final signature,
unless it is terminated earlier by one of the parties pursuant to article VIII below. At the
conclusion of that five-year term, this agreement may be extended or renewed by written
agreement of the parties.
Article IV - Key Officials
All communications and notices regarding this agreement shall be directed to the following
key official(s) for each party:
For the NPS:
Sarah Creachbaum, Olympic National Park Superintendent, 600 East Park Avenue
Port Angeles, WA 98362-6798, (360) 565-3130
Colin Smith, Olympic National Park Chief Ranger, 600 East Park Avenue, Port Angeles,
WA 98362-6798, (360 565 3130).
For the City of Port Angeles:
Brian S. Smith, City of Port Angeles Deputy Chief of Police,
321 East 5 th Ave, Port Angeles, WA 98362, (360) 417 4902.
Heidi Greenwood, City of Port Angeles Deputy City Attorney, 321 East 5 th Ave, Port
Angeles, WA 98362, (360) 417 4532.
Article V - Property Utilization
Unless otherwise agreed to in writing by the parties, any property furnished by one party to
the other shall remain the property of the furnishing party. Any property furnished by the
NPS to the CITY shall be used and disposed of as set forth in the NPS Property
Management Regulations.
Article VI - Prior Approval
Article II (Statement of Work) above.
Article VII - Reports and/or Other Deliverables
Upon request and to the full extent permitted by applicable law, the parties shall share
with each other final reports of incidents involving both parties.
Article VIII - Modification and Termination
This agreement may be modified only by a written instrument executed by the parties.
Either party may terminate this agreement by providing the other party with sixty (60) days
advance written notice. In the event that one party provides the other party with notice of
its intention to terminate, the parties shall meet promptly to discuss the reasons for the
notice and to try to resolve their differences amicably. The parties commit to using every
reasonable means available, including the use of a neutral mediator if necessary, to try to
avoid terminating this agreement.
Article IX - Standard Clauses
A. Civil Rights
During the performance of this agreement, the parties agree to abide by the terms of the
USDI-Civil Rights Assurance Certification, non-discrimination, and will not discriminate
against any person because of race, color, religion, sex, or national origin. The parties will
take affirmative action to ensure that applicants are employed without regard to their race,
color, religion, sex, or national origin.
B. Officials Not to Benefit
No member of delegate to Congress, or resident Commissioner, shall be admitted to any
share or part of this agreement, or to any benefit that may arise there from, but this
provision shall not be construed to extend to this agreement if made with a corporation for
its general benefit.
Article X - Authorizing Signatures
In witness hereof, the following authorized representatives of the parties have signed their
names on the dates indicated below, thereby executing this agreement.
For the National Park Service:
Sarah Creachbaum, Superintendent Date________
_________________Colin Smith, Chief Ranger Date________
For the City of Port Angeles:
_______________ Dan McKeen, City Manager Date _________
_______________ Terry Gallagher, Chief of Police Date __________
CITY OF
WASHINGTON, U.S.A.
C ITY C OUNCILMEMO
D:
April 1, 2014
ATE
T:CC
OITY OUNCIL
F:
CF; Director of Public Works and Utilities
ROM
RAIG ULTON
S: RG
UBJECTESOLUTION TO PURCHASE USED RADERFOR THE STREET DIVISION
Summary:
Funds in the amount of $150,000 to purchase a used grader were included in the
2014 budget. A used grader in excellent condition at below market price has been offered for
sale by United Rentals. To purchase this equipment directly from the vendor requires an
adoption of a council resolution under conditions specified in RCW39.04.280.
Recommendation: Passthe resolution for the purchase of one used 2008 John Deere 672
grader from United Rentals for the sum of $156,519.
Background/Analysis:
Funds in the amount of $150,000.00 were included in the 2014 budget
to replace the existing Street Division road grader with a newer used model. The additional funds
required for this purchase ($6,519) will be covered from savings in other equipment purchases
within the same budget line item. The existing grader is a 35 year old, 1979 John Deere with an
accumulated 5,786 operational hours. It is unreliable and difficult to maintain due to its age and
the fact that some replacement parts are not available because this equipment is outdated.
A used 2008 John Deere model 672 grader in excellent condition has been offered for sale by
United Rental. This grader has an accumulated 2,753 operating hours. Equipment Services staff
inspected the unit and could find no major deficiencies. Oil samples were collected from the
machine and analyzed. From the analysis of the engine, transmission and hydraulic systems, it
was determined that theyare in excellent condition.
The asking price for this grader is $156,519 (including tax). A new 672 John Deere equivalent
grader price is approximately $260,000. The average market value for a used grader in the same
condition with the same operating hours is around $195,000. The 1979 grader will be surplussed.
A competitive bid for used equipment as suchis extremely difficult to secure. Also, when a used
unit in good to excellent condition is offered for sale at a below market price, it is sold quickly.
Because of those reasons, staff would like to pursue this purchase by a resolution of the Council
under the special market conditions exclusion of RCW39.04.280 sections (1) (b) and (2) (a). A
copy is attached for reference.
Recommendation:
Adopt the resolution for the purchase of one used 2008 John Deere 672
grader from United Rentals for the sum of $156,519.
PW_101.01 \[Revised 07/20/04\]
RCW 39.04.280
Competitive bidding requirements —Exemptions.
This section provides uniform exemptions to competitive bidding requirements utilized by
municipalities when awarding contracts for public works and contracts for purchases. The
statutes governing a specific type of municipality may also include other exemptions from
competitive bidding requirements. The purpose of this section is to supplement and not to limit
the current powers of any municipality to provide exemptions from competitive bidding
requirements.
(1) Competitive bidding requirements may be waived by the governing body of the
municipality for:
(a) Purchases that are clearly and legitimately limited to a single source of supply;
(b) Purchases involving special facilities or market conditions;
(c) Purchases in the event of an emergency;
(d) Purchases of insurance or bonds; and
(e) Public works in the event of an emergency.
(2)(a) The waiver of competitive bidding requirements under subsection (1) of this section
may be by resolution or by the terms of written policies adopted by the municipality, at the
option of the governing body of the municipality. If the governing body elects to waive
competitive bidding requirements by the terms of written policies adopted by the municipality,
immediately after the award of any contract, the contract and the factual basis for the exception
must be recorded and open to public inspection.
If a resolution is adopted by a governing body to waive competitive bidding requirements
under (b) of this subsection, the resolution must recite the factual basis for the exception. This
subsection (2) (a) doesnot apply in the event of an emergency.
(b) If an emergency exists, the person or persons designated by the governing body of the
municipality to act in the event of an emergency may declare an emergency situation exists,
waive competitive bidding requirements, and award all necessary contracts on behalf of the
municipality to address the emergency situation. If a contract is awarded without competitive
bidding due to an emergency, a written finding of the existence of an emergency must be made
by the governing body or its designee and duly entered of record no later than two weeks
following the award of the contract.
(3) For purposes of this section "emergency" means unforeseen circumstances beyond the
control of the municipality that either: (a) Present a real, immediate threat to the proper
performance of essential functions; or (b) will likely result in material loss or damage to property,
bodily injury, or loss of life if immediate action is not taken.
\[1998 c 278 § 1.\]
RESOLUTION NO. ____________
A RESOLUTION of the City Council of the City of Port Angeles,
Washington, declaring a special market condition and authorizing
the City Manager to approve a Purchase Order to purchase a used
2008 John Deere grader.
WHEREAS, the City is in need of a grader. The City evaluated the options
and determined that a used 2008 or newer John Deere grader model 672 grader best
meets the needs of the City because itwill provide the options and reliability that are
necessary. United Rentals has a used 2008 model used 672 John Deere grader that is
selling for $156,519.00 plus tax. The grader has 2,753 hours and has a life expectancy
left of 20 years; City staff inspected and tested the grader and found it to be in good
WHEREAS, a new John Deere 627 grader wouldcost approximately
$260,000per the John Deere manufacturer;
WHEREAS, the City budgeted $150,000 for this purchase;
WHEREAS, the City researched comparable used graders and five potential
option the City received showed that a comparable used 2013 John Deere 627 grader
with 358 hours for $239,000uirements.
WHEREAS, RCW 39.04.280 provides for an exemption from the competitive
bidding requirements for purchases that are clearly and legitimately limited to special
facilities or market conditions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Port Angeles that:
The City Council declares special market conditions that justify the purchase
-1-
of the 2008 John Deere model 627 grader because there is only one opportunity to
purchase a used John Deere 627 grader for an acceptable price.
The City Manager is authorized to approve purchase order with Doug York
d/b/a United Rentals due to a special market condition for the purchase of the grader
described above.
PASSED by the City Council of the City of Port Angeles at a regular meeting
of said Council held on the day of _______, 2014.
_______________________________
Dan Di Guilio, Mayor
ATTEST:
________________________________
Janessa Hurd, City Clerk
APPROVED AS TO FORM:
_______________________________
William E. Bloor, City Attorney
-2-
CCM
I T YO U N C I LE M O
D:April 1, 2014
ATE
T:CC
OITY OUNCIL
F: WB,CA
ROMILLIAM LOORITY TTORNEY
S: UTRS
UBJECTTILITY AX EFUND ETTLEMENT
Summary:
In October, 2013, Nippon Paper Industries USA (Nippon) made a formal claim
against the Cityin the amount of $394,257.44for refund of a portion of utility taxes included in
monthly bills to Nippon. The City attemptedto resolve this matter without litigation and
negotiated a proposed settlement with Nippon. The proposed Settlement Agreement is attached.
Recommendation:
Authorize the City Manager to sign and implement the Settlement Agreement
with Nippon and to approve minor modifications/corrections as needed.
B/D:
ACKGROUNDISCUSSION
In October,2013 Nippon made aformal claim against the City for refund of a portion of the utility
taxes it paid since October, 2011.The claim was based on Nippon’s interpretation of a City
ordinance that became effective in October, 2011. That ordinance attempted to mimic the two-
tiered rate methodology that BPA instituted in 2011. Bonneville Power Administration’s (BPA’s)
two-tiered rate methodology is itself complex,and the ordinance included a complicated
methodology for calculating the monthly amount Nippon should pay for power and the monthly
utility tax due.
After receiving the formal claim, the City representatives began evaluating the claim andaccepted
Nippon’s invitation to meet and discuss the claimwith Nippon’s representatives. Those
discussions eventually produced the proposed settlement agreement.
Funds for the one-time payment required by the settlement agreement will come out of the
unassigned General Fund balance.The preliminary estimate of 2013 year-end unassigned fund
balance in the General Fund is approximately $5,400,000 or approximately 28% of the General
Fund expenditures for 2014. If Nippon’s method of calculation were to continue, the estimated
loss of revenue to the General Fund is approximately $100,000 on an annual basis. Recognizing
this fact, an adjustmentof revenue will be included in the 2014 Budget Amendment #2, andto
accommodate the reduction in revenue,the City may have to make reductions in previously
authorized General Fund expenditures unless replacement funding can be found.
Page 2
Memo to Council Re: Nippon
April 1, 2014
R:
ECOMMENDATION
Authorize the City Manager to sign and implement the Settlement Agreement and to approve
minor modifications/corrections as needed.
F:
OLLOW UP
During theclaim evaluation and subsequent negotiations, it became apparent there are issues the
City should addressin the near future. First, our currentIndustrial Transmission rate ordinance
should be clarifiedto eliminate any future uncertainty about calculation of the rate or the utility
tax. Second, the City should havepreparedafull Cost of ServiceAnalysis of the Industrial
Transmission rate class. A full COSA has not previously been done for this rate class. The COSA
would provide objective information for City Councilto evaluate and,if appropriate,to be used to
change the change the rate calculation methodologyfor the IT electric rate class.The cost of the
COSAis a cost to be allocatedin the costs assigned to the industrial transmission customer that are
then used to determine proposed rates to be charged.
If the settlement agreement is approved, staff will begin work on both of these issues in the near
future.
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (the "Agreement") is made and entered into as of
March 11, 2014, by and between THE CITY OF PORT ANGELES (the "City") a municipal
corporation organized under the laws of the State of Washington, and NIPPON PAPER
INDUSTRIES USA CO., LTD., a Washington corporation ("NPIUSA"). The City and NPIUSA
are sometimes referred to herein individually as “Party” and together as “the Parties.”
RECITALS
A.The City has established an Electric Utility that is operated by the City’s
Department of Public Works and Utilities.
B.For all time relevant to the Demand Letter referenced in paragraph H below,
NPIUSA was the City’s only “Industrial Transmission” power customer as defined in the City’s
Municipal Code Section 13.12.071 (Schedule IT-03 – Industrial Transmission), and consumed
more than fifty (50) percent of the total amount of electricity provided by the City to its
consumers of electricity.
C. In September 2011, the City revised its Industrial Transmission rate schedule as a
result of the tiered rate methodology adopted by the Bonneville Power Administration (“BPA”).
The current rate schedule includes seven components enumerated in subsection E, which are
summed to determine the amount owed for electrical service.
D. Item 5 of the Industrial Transmission rate schedule is load shaping charges and
credits. The Parties disagree as to how the load shaping charges and credits should be used in the
calculation of “Gross Income” for purposes of determining the utility tax charge.
E. In October 2011, NPIUSA notified the City that it believed the exclusion of the
net load shaping and BPA REP credits from the calculation of “Gross Income” in subsection F,
resulted in an over collection of the utility tax charge.
F. On October 15, 2013, NPIUSA sent a demand letter to the City requesting that the
City correct the alleged improper calculation of the utility tax charge and refund the over-
collected amounts (hereinafter referred to as the “Claim”).
G.The City disputes NPIUSA’s Claim.
H. To avoid the expense, inconvenience and uncertainty of litigation, and to settle
and resolve NPIUSA’s Claim and its demand for a refund of the over-collected utility tax
charges, the Parties wish to forever settle, discharge and resolve any and all claims they may have
against one another arising from NPIUSA’s Claim and in connection with the calculation of the
utility tax charge in the Industrial Transmission rate schedule have, therefore, reached a full and
final settlement of all claims as expressed below.
I. This Agreement sets forth the terms and conditions under which (i) the Parties
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will settle any and all claims arising from NPIUSA’s Claim, and (ii) NPIUSA’s demand that the
City correct its calculation of the utility tax charge going forward.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises
and covenants contained herein and for other good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the City and NPIUSA incorporate the foregoing
recitals and agree as follows:
ARTICLE I
PAYMENTS
1.1Payment to NPIUSA
.The City shall pay $200,000 to NPIUSA within ten (10)
business days from the date of this Agreement.
ARTICLE II
COVENANTS CONCERNING FUTURE ACTIVITIES
2.1State Public Utility Tax Refund
.The City shall request a refund (rather than a
credit of the overpayment) as permitted by RCW 82.32.060, of State public utilities taxes it paid
as a result of excluding the net load shaping and BPA REP credits from its calculation of Gross
Income (hereinafter referred to as the “State Refund Request”). Pursuant to the Common Interest
Agreement, NPIUSA will provide the legal representation needed to file and pursue the State
Refund Request. The City shall cooperate with NPIUSA and permit NPIUSA to participate in any
proceedings, including any conference for examination and review of the utility tax liability under
RCW 82.32.170. If the City is successful in obtaining a refund of State public utilities taxes from
the Department of Revenue, the City shall pay to NPIUSA any amounts received or credited to the
City as a result of the State Refund Request, including tax, interest, and penalties, as well as any
recovery of costs and fees, within ten (10) business days of receiving these amounts.
2.2Interim Calculation of Utility Tax Charge
. Starting with the February 2014 power
bill, the City will include the net load shaping and BPA REP credits in the calculation of “Gross
Income” for purposes of determining the utility tax charge, consistent with NPIUSA’s position on
how the utility tax charge should be calculated set forth in the October 15, 2013, Demand Letter.
2.3Length of Interim Period
. Except as provided in Section 2.5, the City will continue
to calculate the utility tax charge according to the process described in Section 2.2, until
Subsection E of Port Angeles Municipal Code Section 13.12.071 is amended (hereinafter referred
to as the “Interim Period”). This time period may be extended by mutual agreement.
2.4Calculation of Utility Tax Charge After Final Decision
. If the City obtains a
refund of State public utilities taxes, it will continue to calculate the utility tax charge according to
the process described in Section 2.2 until Subsection E of Port Angeles Municipal Code Section
13.12.071 is amended or the City receives future reporting instructions from the Department of
UTILITY TAX CHARGE SETTLEMENT AGREEMENT - 2
4841-2833-8968.04
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Revenue. If the City receives a final decision or judgment denying the State Refund Request,
which cannot be further appealed, the City may calculate the utility tax charge accordingto the
methodology held to be appropriate in the final decision until Subsection E of Port Angeles
Municipal Code Section 13.12.071 is amended or the City receives future reporting instructions
from the Department of Revenue.
2.5Interim Period True-up Payment
. If the City receives a final decision or judgment
denying the State Refund Request, that cannot be appealed, NPIUSA agrees to pay the City the
difference between the amount of the utility tax charge paid under Section 2.2 and the amount that
would have been owed under the methodology held to be appropriate in the final decision during
the Interim Period (hereinafter referred to as the “Interim True-Up Payment”). The Parties agree
to work together in good faith to calculate the Interim True-Up Payment. NPIUSA agrees to pay
the Interim True-Up Payment within 10 business days of reaching an agreed calculation of the
Interim True-Up Amount.
2.6Future Cost of Service Analyses.
To determine the appropriate future rate structure
for the “Industrial Transmission” rate classification, the City will conduct a cost-of-service study
and will consider that study in determining whether or how Subsection E of the Port Angeles
Municipal Code Section 13.12.071 should be amended. Any analyses conducted by the City of
future rate structures related to the “Industrial Transmission” rate classification, shall calculate the
utility taxes in a manner consistent with Section 2.4. The City agrees that the payment in Section
1.1 shall be excluded from any future cost of service analyses or utility rate making proceedings.
2.7Mutual Good Faith.
Both Parties shall act in good faith to implement this
Agreement.
2.8Rate Setting Authority.
Nothing in this Agreement is intended to, or shall be
construed to, constrain the discretionary authority of the City over rate setting.
ARTICLE III
COVENANTS NOT TO SUE
3.1
In consideration of the City’s covenants and agreements contained herein, NPIUSA
hereby agrees that it will not, at any time hereafter, commence, maintain or prosecute any action at
law or otherwise or assert any claim against the City, its elected officials, managers, agents,
employees, attorneys, either past or present, for any actions, causes of action, obligations, costs,
expenses, damages, losses, claims, liabilities, and demands of whatever character in law or in
equity arising out of or in any way relating to NPIUSA’s Claim, except for any claims expressly
excluded by this Agreement and any claims based upon a failure to comply with this Agreement.
3.2
In consideration of NPIUSA’s covenants and agreements contained herein, the City
hereby agrees that it will not, at any time hereafter, commence, maintain or prosecute any action at
law or otherwise or assert any claim against NPIUSA, its affiliates, holding or parent company,
officers, agents,employees, attorneys, either past or present, for any actions, causes of action,
obligations, costs, expenses, damages, losses, claims, liabilities, and demands of whatever
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character in law or in equity arising out of or in any way relating to the NPIUSA Claim, except for
any claims expressly excluded by this Agreement and any claims based upon a failure to comply
with this Agreement.
ARTICLE IV
MUTUAL RELEASES
4.1City’s Release of NPIUSA.
With the exception of (i) the obligations required under
this Agreement, theCity hereby releases and forever discharges NPIUSA, its affiliates, holding or
parent company, shareholders, subsidiaries, successors, representatives, assigns, agents,
employees, officers, directors, and attorneys, and each of them (herein collectively referred to as
the “Releasees”) of and from any and all claims, debts, liabilities, demands, obligations, costs,
actions, causes of action known or unknown, vested or contingent, which it now owns or holds or
has at any time owned or held against the Releasees, arising out of or in connection with
NPIUSA’s Claim.
4.2NPIUSA’s Release of the City.
With the exception of (i) the obligations required
under this Agreement, NPIUSA hereby releases and forever discharges the City, its elected
officials, managers, agents, employees and attorneys, and each of them (herein collectively
referred to as the “Releasees”) of and from any and all claims, debts, liabilities, demands,
obligations, costs, actions, causes of action known or unknown, vested or contingent, which it
now owns or holds or has at any time owned or held against the Releasees, arising out of or in
connection with NPIUSA’s Claim.
ARTICLE V
MISCELLANEOUS
5.1Notices.
Whenever under the provisions of this Agreement, it shall be necessary or
desirable for one Party to serve any notice, request, demand, report or other communication on
another party, the same shall be in writing and shall not be effective for any purpose unless served
(a)personally, (b)by independent, reputable, overnight commercial courier, (c)by facsimile
transmission (i)where the transmitting party includes a cover sheet identifying the name, location
and identity of the transmitting Party, the phone number of the transmitting device, the date and
time of transmission and the number of pages transmitted (including the cover page), (ii)where
the transmitting device or receiving device records verification of receipt and the date and time of
transmission receipt and the phone number of the other device, and (iii)where the facsimile
transmission is immediately followed by service of the original of the subject item by personal
delivery, overnight courier or first-class mail, or (d)by deposit in the United States mail, postage
and fees fully prepaid, registered or certified mail, with return receipt requested, addressed as
follows:
If to NPIUSA: A. Personal delivery or other delivery requiring
a street address:
UTILITY TAX CHARGE SETTLEMENT AGREEMENT - 4
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Yoshifumi (Chris) Nagaura
President
Nippon Paper Industries USA Co., Ltd.
1815 Marine Drive
Port Angeles, WA 98362
Fax: (360) 452-6576
B.Mailing address:
Yoshifumi (Chris) Nagaura
President
Nippon Paper Industries USA Co., Ltd.
1815 Marine Drive
Port Angeles, WA 98362
Fax: (360) 452-6576
With a copy to: Riddell Williams P.S.
1001 Fourth Avenue , Suite 4500
Seattle, WA 98154-1065
Attention: Harry E. Grant
Fax: 206-389-1708
If to the City:Dan McKeen
City Manager
City of Port Angeles
PO Box 1150
Port Angeles, WA 98362
With a copy to: Bill Bloor
City Attorney
City of Port Angeles
PO Box 1150
Port Angeles WA 98362
Any Party may, from time to time, by notice in writing served upon the other party as aforesaid,
designate an additional and/or a different mailing address in Washington or an additional and/or
a different person to whom all such notices, requests, demands, reports and communications are
thereafter to be addressed. Any notice, request, demand, report or other communication served
personally shall be deemed delivered upon receipt, if served by mail or independent courier shall
be deemed delivered on the date of receipt as shown by the addressee's registry or certification
receipt or on the date receipt at the appropriate address is refused, as shown on the records or
manifest of the U.S. Postal Service or independent courier, and, if served by facsimile
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transmission, shall be deemed delivered on the date of receipt as shown on the received facsimile
(provided the original is thereafter delivered as aforesaid).
5.2No Admission of Liability.
The Parties understand and agree that this Agreement is
the compromise of disputed claims and that the act of entering into and performing this
Agreement does not constitute and shall not be construed as an admission of liability, fault or
responsibility by any Party.
5.3Further Acts.
The Parties hereby agree to perform all further acts and to execute all
documents necessary or reasonably desirable to effect the terms of this Agreement.
5.4Attorney Fees and Costs.
In the event of any dispute over the meaning, effect,
performance or validity of this Agreement, the prevailing party shall be entitled to its costs and
reasonable attorney fees.
5.5No Third Party Beneficiaries.
Nothing contained in this Agreement is intended or
shall be construed as creating or conferring any rights, benefits or remedies upon, or creating any
obligations of the parties hereto toward, any person or entity not a party to this Agreement.
5.6Waiver.
No waiver of any term, covenant or condition of this Agreement shall be
valid unless in writing and signed by the obligee Party. No waiver by any party of any right or
remedy under this Agreement shall be deemed to be a waiver of any other subsequent right or
remedy under this Agreement. The consent by one Party to any act by the other Party requiring
such consent shall not be deemed to render unnecessary the obtaining of consent to any
subsequent act for which consent is required, regardless of whether similar to the act for which
consent is given.
5.7Governing Law.
This Agreement shall be governed and construed in accordance
with the internal laws of the State of Washington.
5.8Construction and Interpretation of Agreement
.The captions of the articles,
sections and subsections herein are inserted solely for convenience and under no circumstances
are they or any of them to be treated or construed as part of this instrument.
5.9Counterparts.
This instrument may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together constitute one and the same
instrument.
5.10Entire Agreement; Amendment.
This Agreement with incorporations shall
constitute the entire and exclusive agreement between the Parties relating to the specific matters
covered in this Agreement. All prior or contemporaneous verbal or written agreements,
understandings, representations and/or practices relative to the foregoing are hereby superseded,
revoked and rendered ineffective for any purpose. This Agreement may be altered, amended or
revoked only by an instrument in writing signed by each Party hereto. No verbal agreement or
implied covenant shall be held to vary the terms hereof, any statute, law or custom to the contrary
notwithstanding. Both of the Parties are co-drafters of this Agreement.
UTILITY TAX CHARGE SETTLEMENT AGREEMENT - 6
4841-2833-8968.04
16682.00006
IN WITNESS WHEREOF, the Parties, intending to be legally bound, have executed this
Agreement on the date first written above.
THECITY OF PORT ANGELES
CITY:
By:
Name:
Title:
NIPPON PAPER INDUSTRIES USA CO., LTD., a
NPIUSA:
Washington corporation
By:
Name:
Title:
UTILITY TAX CHARGE SETTLEMENT AGREEMENT - 7
4841-2833-8968.04
16682.00006
CCM
I T YO U N C I LE M O
D:April 1, 2014
ATE
T:CC
OITY OUNCIL
F: WB,CA
ROMILLIAM LOORITY TTORNEY
S: CCMTL
UBJECTITY OUNCIL EMBER ERM IMITS
Summary:
Port Angeles currently limits the number of terms a City Council member may serve
to three consecutive four-year terms.Recently, a majority of the Council asked that the topic of
terms limits be placed on a regular City Council meeting agenda for discussion.
Recommendation:
Discuss the term limits for Port Angeles City Council members.If a majority
of the Council would like to see a change in the current term limits, provide staff with direction to
bring back the desired changes at a future Council meeting for consideration.
B/D:
ACKGROUNDISCUSSION
In Washington, only charter cities and code cities have the authority to impose terms limits.AGO
1991 No. 22.The great majority do not. So far as I have been able to find, only Port Angeles and
three others have term limits.
Port Angeles code:
2.02.010 Term limits.
No person shall be allowed to serve on the City Council for more than three consecutive four-year
terms. (Ord. 3060, 9/15/2000; Ord. 2368 1/3/1986)
Edgewood code:
2.10.010 Limiting councilmembers to serving two consecutive four-year terms.
No person shall be allowed to serve on the city council for more than two consecutive four-year
terms; provided, that this prohibition shall not disqualify any person now serving on the city
council from completing the term of office that he or she hasbeen elected to serve as of the
effective date of the ordinance codified in this chapter. (Ord. 97-58 § 1).
Page 2
Memo to Council Re: Term Limits
April 1, 2014
Tacoma Charter:
Section 2.35 –No person shall be allowed to serve on the Council for more than ten (10)
consecutive years, either as a Councilman, Mayor, or combinationthereof. (Approved by vote of
the people September 18, 1973).
Spokane Charter:
Section 6. Qualifications.
. . . .No person shall be eligible to hold the office of mayor after having served two consecutive
terms as mayor. No person shall be eligible to hold the office of council president after having
served two consecutive terms as council president. No person shall be eligible to hold the office of
any council member in any city council district after having served two consecutive terms as a
council member from any city council district. The elected offices of mayor, council president, and
council member are separate elective offices each with a separate term of office and term
limitation. No person shall be eligible to hold any elective city office while holding any other
elective public office, nor shall any elective official of the City engage in any other capacity in city
employment or office. More than one-half term shall count as a whole term.
D:
April 1, 2014
ATE
T:CC
OITY OUNCIL
F:
Craig Fulton, Director of Public Works & Utilities
ROM
S: Upgrade and Expansion of Wastewater Utility Supervisory Control and Data
UBJECT
Acquisition (SCADA) System, Project WW02-2010 Phase 1
Change Order No. 2,Integration of Landfill Pump Stations and Gas Flare
System
Summary:
Project WW02-2010 upgrades and expands
Control and Data Acquisition (SCADA) System. It is necessary to increase the scope of the
contract with Technical Systems, Inc. (TSI) in order to integrate the wastewater pump stations and
the gas flare system located at the landfill, in order to meet permit monitoring requirements for the
upcoming Landfill Cell Stabilization project.
Recommendation: Approve and authorize the City Manager to:
1) S
system controls and necessary appurtenances to the Port Angeles Landfill, an increase
not to exceed $140,000, for a new contract amount not to exceed $718,023.76; and
2) Amend the 2014 budget for Project WW02-2010 (SCADA System Upgrade, Phase E)
for an additional expenditure of $140,000 from the Landfill Post-Closure Fund for the
integration of the gas flare system and wastewater pump stations at the Landfill.
Background/Analysis:
There is an immediate need to integrate existing infrastructure at the
landfill in order to prepare for construction of the Landfill Cell
Stabilization Project, (SW02-2012) and to meet requirements of the permits issued by Washington
Department of Ecology (Ecology) and Olympic Region Clean Air Agency (ORCAA). The
facilities involved are wastewater pump stations 1 & 2 and the gas flare system. The construction
project will involve opening the closed 351 Landfill (the most modern, lined section of the landfill)
and relocating waste located in the closed 304 Landfill (an unlined cell located near the eroding
bluffs along the Strait of Juan de Fuca) onto the 351 Cell. During construction, leachate volumes
from the 351 Landfill will increase because the refuse will be exposed to precipitation while the
cover is removed. Also, surface water that comes in contact with refuse will be contaminated, and
must be pumped to the wastewater system along with the leachate. Wastewater discharge permits
G:\\CNCLPKT\\PACKET ITEMS\\2014\\CC0401\\Wastewater SCADA Upgrade Expansion Project WW02-2010 Phase I - C O No
2.docx
April 1, 2014 City Council
Re: Wastewater SCADA Upgrade & Expansion, Project WW02-2010
Page 2
stations located at
will set limits on flow, sediment levels and contaminants from both of the pump
the landfill. Currently, the volumes of leachate flows from the 351 Landfill are monitored at pump
station 1 by manually reading of the flow meters at the pumps each day. During the Landfill Cell
Stabilization project, increased flows at Pump Station 1 and Pump Station 2 must be monitored
and evaluated to control the volume of leachate and contaminated surface water being discharged
from the site. The volumes must be reported to Ecology on a monthly basis, as part of the
construction permits. This can best be done by integrating the existing wastewater infrastructure
. In addition, in order to closely manage the operation of the gas
flare during the construction project, critical equipment to monitor the landfill gas flare system will
be installed as part of the Landfill Cell Stabilization Project, which will be integrated into the City
SCADA system under this proposal.
Upon completion of the Landfill Cell Stabilization project, the SCADA improvements will remain
in place and will facilitate ongoing operations and maintenance of the closed landfill and will
become an integral part of the wastewater utility monitoring/control system upgrades.
Project WW02-2010 involves the upgrade and expansion of the Wastewater Utility SCADA
system. It is a multiphase project, initiated in May 2013 with work spanning up to five (5) years.
Maintenance and support are includedduring this 5 year period.
Technical System Incorporated (TSI) currently contains four phases, of which Phase A and B have
been completed and activated. Phase A designed, upgraded, and replacedthe existing wastewater
treatment plant (WWTP) SCADA system. Phase B integratesthe facilities built by the CSO Phase
1 project into the system. Phases C and D are scheduled to begin after City Council approval in
the summer of 2014. These Phases integrate offsite wastewater utility facilities (not at the WWTP
or CSO facilities), and CSO Phase 2 applications programming. Phase E is to be added by this
change order, and provides for integrating the landfill gas flare system and the two wastewater
pump stations located at the landfill into the SCADA system.
The cost of the additional work is not to exceed $140,000, including applicable taxes. Funds are
available from the Solid Waste Utility fund reserves. Per City of Port Angeles Resolution No. 12-
12, these funds will be replaced upon issuance of a Bond in 2014.
DescriptionCosts
$570,103.00
Original Contract Amount(Phase 1A, 1B,1C, 1D)
$7,920.76
Change Order No.1 SCADA System Modifications (CSO Phase 1B)
Change Order No.2 Integration of Landfill Pump Stations and Gas Flare System
$140,000
(Phase 1E)
$147,920.76
Total Amount of Change Orders To Date
$718,023.76
Revised Contract Amount
It is recommended that Council approve and authorize the City Manager to:
1)S
system controls and necessary appurtenances to the Port Angeles Landfill, in an amount not
to exceed $140,000, for a new total contract amount not to exceed $718,023.76.
April 1, 2014 City Council
Re: Wastewater SCADA Upgrade & Expansion, Project WW02-2010
Page 3
the 2014 budget for an additional expenditure of $140,000 from the Landfill Post-
2)Amend
Closure Fund for the Upgrade and Expansion of Wastewater Utility SCADA System,
Project WW02-2010 Phase 1 Change Order No. 2 Integration of Landfill Pump Stations
and Gas Flare System.
PUBLIC WORKS CONTRACT STATUS REPORT
January 2014 - March 2014
(COSTS SHOWN INCLUDE APPLICABLE TAXES)
ACTIVE CONSTRUCTION CONTRACTS AWARDED BY CITY COUNCIL
ORIGINAL PRIORJAN. - MAR.REVISED
BUDGET
CONTRACT CHANGE CHANGE CONTRACT
PROJECT TITLE
(Construction)
AMOUNTORDERSORDERS AMOUNT
Lauridsend Blvd. Bridge
$5,129,025.00$4,498,380.00$4,577,411.00
$0.00$79,031.00
Replacement (TR42-99)
Combined Sewer
$17,092,350.00$16,278,350.00$16,864,455.76
Overflow Phase 1 (US06-$566,375.21$19,730.55
01; WW08-2008)
Rayonier Diffuser
Repair/Modifications –
$400,000.00$383,000.00$433,000.00
$50,000.00$0.00
Phase 1 CSO Project
(US06-01)
Downtown Street
$200,000.00$193,291.90$193,291.90
Lighting Poles (CL06-$0.00$0.00
2012)
2012 SCADA System
Upgrade-Replacement
$730,103.00$570,102.70$570,102.70
$0.00$0.00
(PSA 2012-09/WW02-
10)
Tumwater Retaining
$197,056.00$185,405.00$185,405.00
$0.00$0.00
Wall (TR06-09)
PURCHASE ORDERCONTRACTS$7,500 - $25,000 AND LIMITED PUBLIC WORKS PROCESS OR
SMALL WORKSROSTER CONTRACTS UNDER $25,000 AWARDEDIN LAST 30 DAYS
(QUOTATIONS AVAILABLE FOR INSPECTION AT CONTRACT SPECIALIST’SOFFICE)
DATE
CONTRACT
CONTRACTOR/
DESCRIPTIONAMOUNT
AWARDED
OR VENDORPO #
*Olympic Electric Co., CL02-2013College Meter Upgrades
1/25/2014$22,384.60
Inc.
*Intracommunication WW-14-009Fiber Installation at WWTP for 3/12/2014$15,116.385
Network Systems, Inc.SCADA Upgrades
Safeway Sign PO#303982014 Premade & Blank Traffic 3/04/2014$8,742.97
CompanySign Materials Purchase
Granich Engineered PO#30443Vortext Replacement Pump for 3/17/204$14,478.00
Products, Inc.Sewage Recirculation at WWTP
Digester.
*Small Works Roster Contract
UPCOMING PUBLIC WORKS CONTRACTS
(
NEXT 60 DAYS; ESTIMATED DATES SHOWN)
PROJECTADVERTISE START END
BID OPENING
TITLEFOR BIDSCONSTRUCTIONCONSTRUCTION
None
PUBLIC WORKS GRANT & LOAN STATUS REPORT
January 2014 – March2014
GRANT MATCH
PROJECT PROJECT GRANT/LOAN AWARD
ORSTATUS
DESCRIPTIONCOSTSOURCE & COSTLISTING
LOAN DATA
Power Systems
$498,960 BPA
Demand Response
Bonneville Power $498,958 WaivedJanuary
Demonstration Market $1,101,076Underway
Administration$58,158 City2013
Project
$45,000 Private
Residential/Light
Bonneville Power August
Commercial Wind $157,000$157,000 BPAComplete
Administration2010
Integration Pilot Project
Residential Demand
Bonneville Power $362,750 BPAMarch
Response Pilot Project$660,000Underway
Administration$297,250 City2010
Stormwater
Stormwater Retrofit $1,448,186DOE $1,000,000 May 2012Underway
and Low Impact FY 2011 Proviso DOE
Development GrantGrant$333,334
Required City
Match
$154,852 City
other costs
(flood control)
City of Port Angeles $170,000DOE Local No match August Agreement is being
Stormwater Capacity Toxics Control required2013processed
GrantAccount
Engineering
CSO Phase 1 Projects, $24,751,00PWTF Loan Loan @ 0.5% int.;
April 2007Underway
Design & Construction0$1,875,00015% match
Loan @ 0.5% int.;
CSO Phase 1 Projects, $24,751,00PWTFLoan 15% match; may
May 2008Underway
Design & Construction0 $10,000,000use SRF loan as
match
$20,000,00
DOE SRF
CSO Phase 1 Projects, 0 (with Loan @ 2.6% int.;
Construction Loan Jan. 2011Underway
Constructioncontingencno match required
$10,000,000
y)
GRANT MATCH
PROJECT PROJECT GRANT/LOAN AWARD
ORSTATUS
DESCRIPTIONCOSTSOURCE & COSTLISTING
LOAN DATA
City has started
design without loan
financing, and will
CSO Phase 2 Projects,
$16,728,000NANAsubmit applications
Design & Construction
for construction
financial assistance
in December 2013.
$361,708.00grant
$50,000 PTC grant
$50,000 PTC in Work complete.
Dry Creek Bridge for
Spring
kind Final reimbursement
Olympic Discovery $725,000RCO Grant
$160,000 Lodging 2009request and loan
Trail
Taxcloseout in process.
$110,000 National
Park Service
Project is nearly
90% completed.
Contractor is behind
Lauridsen Blvd Bridge
$4,776,825grantschedule now
$5,971,031BRAC GrantNov 2010
Replacement$1,194,206Cityanticipated
substantial
completion is April
11, 2014.
Solid Waste
Expected
2013-2015 Waste
to sign
Reduction, Recycling, DOE Coordinated $168,750 grantSigned in October
$225,000early
Moderate Risk Waste Prevention Grant$56,250City2013
October
Disposal
Interagency $3,999,100
Landfill Bluff Cell Agreement is being
$19,698,000Agreement with Financial NA
Stabilizationnegotiated
DOEAssistance
List of Acronyms
BRAC: Bridge Replacement Advisory Committee
BPA: Bonneville Power Administration
DOE: Department of Ecology
DWSRF or SRF Drinking Water State Revolving Fund or State Revolving Fund
NOANet
Northwest Open Access Network
NOSC North Olympic Salmon Coalition
PASD Port Angeles School District
PSP Puget Sound Partnership
PWB: Public Works Board, administers the PWTF Program
PWTF: Public Works Trust Fund
RCO: Recreation and Conservation Office
SRF: Salmon Recovery Funding
TIB, AIP or PSMP:Transportation Improvement Board, Arterial Improvement Program or Pedestrian Safety and
Mobility Program
WSDOT: Washington State Department of Transportation
DEPARTMENT OF COMMUNITY ECONOMIC DEVELOPMENT
BUILDING DIVISION MONTHY PERMIT REPORT
FEBRUARY 2014
CATEGORYJAN.FEB.MAR.APR.MAYJUNEJULYAUG.SEPT.OCT.NOV.DEC.
MODULAR/MANUFACT.
Value
Џ
SINGLE FAMILY
υВЏЍͲЌЎЋ
Value
MULTI-FAMILY
Value
Њ
ACCESSORIES
υЋВͲЊЏЉ
Value
RETAIL
Value
HOTEL/MOTEL
Value
OFFICE
Value
DRINKING/DINING
Value
AUTO/SERVICE
Value
Њ
INDUSTRIAL
υЊЎЉͲЉЉЉ
Value
SCHOOLS/HOSPS/GOVT
Value
CHURCHES
Value
RECREATION
Value
RESIDENTIAL ЋЌЌБ
υЋЋЉͲЋЏЉυЍЍАͲЍЊБ
Value
БЊЌ
COMMERCIAL
υЍЋͲВЉЉυЊЌЍͲЎАЌ
Value
PUBLIC
Value
Њ
DEMOLITION / MOVE
υЊͲЎЉЉ
Value
BUILDING PERMITS
CONSTRUCTION VALUE
BUILDING PERMITS FEE
*CERTIFICATE OF OCCUPANCY
D:A1,2014
ATEPRIL
T:CC
OITY OUNCIL
F: DMK,CM
ROMANCEENITY ANAGER
S: CPA2014WP
UBJECTITY OF ORT NGELES ORK LAN
Staff is pleased to present to the City Council, the City of Port Angeles 2014 Community Work
Plan. This document provides a brief overview of the major projects and activities. The
Work Plan does notinclude most of the routine and regular projects or programs. Instead, it
focuses on those major projects being worked on throughout City Departments.
It takes a significant amount of work on a daily basis to provide municipal services to the citizens
and businesses within the City of Port Angeles. The delivery of utilities, public safety services,
recreational activities and the legal, financial, and planning support for each are all labor intensive
and require long-term planning and oversight. These services are what most citizens would
amount of work being a
By referring to the Work Plan, Council can gain a better understanding of the projects, including
objectives, rationale, additional workload on staff, and where each project fits into the
Goals. In addition, the Work Plan provides a direct link to the City Council Goals developed in
early 2011. The City Council may also use the Work Plan as a communications tool with the
community.
The Work Plan includes a timeline illustrating the approximate duration of eachproject. Staff will
provide City Council with quarterly status reports on the Work Planprogress. Status reports will
be in the Information Section of the Council Agenda packet, which is also available to the public.
A hard copy of the City of Port Angeles 2014 Community Work Planwill be provided to each
Councilmember so notes can be made for future reference. The Work Plan is available on the
website
No action required, information only.
CPA
ITY OF ORTNGELES
CWP
OMMUNITY ORKLAN
2014
Submitted to the Port Angeles City Council by:
Daniel McKeen, City Manager
William Bloor, City Attorney
Corey Delikat, Parks & Recreation Director
Ken Dubuc, Fire Chief
Craig Fulton, Director of Public Works & Utilities
Terry Gallagher, Police Chief
Byron Olson, Chief Financial Officer
Nathan West, Director of Comm. & Economic Development
City of Port Angeles 2014 Work Plan Table of Contents
TOC
ABLE FONTENTS
I....................................................................................iii
NTRODUCTION
D ................................................................................................ iii
EVELOPMENT
BFA ................................................................................... iv
UDGET OCUS REAS
T ...........................................................................................................v
IMELINE
A .............................................................................................v
CCOUNTABILITY
A.........................................................................vi
CKNOWLEDGEMENT
FRG.............................................. 1
ISCALLY ESPONSIBLE OVERNMENT
-RFP ........................................................................1
L
ONGANGE INANCIAL LAN
BD-O&C .............................................1
UDGET EVELOPMENTPERATING APITAL
UCOSS ...................................................................2
TILITY OST FERVICE TUDY
2014SWFFLB .....................................2
OLID ASTE INANCING OR ANDFILL LUFF
W/EMR .......................................................2
ATER LECTRIC ETER EPLACEMENT
2013CAFR(C) ...........................3
OMPREHENSIVE NNUAL INANCIAL EPORT AFR
M1COSSU .....................................................3
EDIC OST FERVICE TUDY PDATE
WP/ABT ..................................................3
ELLNESS ROGRAM WC ENEFITS RUST
LCN ....................................................................4
ABOR ONTRACT EGOTIATIONS
EBR ...........................................................................4
MPLOYEE ENEFITS EVIEW
ED&TC ........................................4
CONOMIC EVELOPMENT OURISM ONTRACTS
SOSP ............................................................................5
ALE F URPLUS ROPERTY
PS.................................................................................... 6
UBLIC AFETY
EMT .............................................................6
MERGENCY ANAGEMENT RAINING
COO(C)P .............................................6
ONTINUITY FPERATIONS OOPLANNING
CJPE ......................................................7
RIMINAL USTICE ROCESSXAMINATION
PFASC8
...................................................
LAN OR USTAINABLE OMMUNITY
NP–S/PI ........................................................8
PDES ERMIT TORMWATER HASE I
CSOP–PI ........................................8
OMBINED EWER VERFLOW ROJECT HASE I
FIP ....................................................................9
ACADE MPROVEMENTROGRAM
WIP .............................................................9
ATERFRONT MPROVEMENT ROJECT
SMP .........................................................................9
HORELINE ASTER ROGRAM
CFP(C)2015-2020 ...................................................10
APITAL ACILITIES LAN FP
HSS .............................................................................10
ARBOR EDIMENT TUDY
Page i
City of Port Angeles 2014 Work Plan Table of Contents
LBS-C .........................................11
ANDFILL LUFF TABILIZATIONONSTRUCTION
PMUD .............................................................11
LANNED IXED SE EVELOPMENT
TH
18SPR ..........................................................11
TREET AVEMENT ESTORATION
ED................................................................12
CONOMIC EVELOPMENT
WTP–AO ...............................12
ATER REATMENT LANTGREEMENTS VERSIGHT
CCPUDWC ..................................................12
LALLAM OUNTY ATER ONTRACT
PAAP ..........................................................12
ORT NGELES PPRENTICE ROGRAM
JMCF ...................................................................13
OINT ARINE AMPUS ACILITY
CFR .........................................................................13
ABLE RANCHISE ENEWAL
C-LP .............................................................................14
HOOSEOCAL ROGRAM
EDFS .........................................14
CONOMIC EVELOPMENT UND USTAINABILITY
IG.........................................................15
E
XCELLENCE NOVERNMENT
IC-WRMP .........................15
MPLEMENT ITYIDE ECORDS ANAGEMENTROGRAM
O-SCB-USF .........................................15
FFITE OMPUTER ACKPERVER ACILITY
“T-C”CW ..................................................16
HINLIENTOMPUTER ORKSTATIONS
ITAP ......................................................16
NFORMATION ECHNOLOGY UDIT LAN
C-T-GBPMU ..................................16
LICKOOV UILDING ERMIT ODULE PGRADE
ETCRS ................................................17
LECTRONIC IMEARD EPORTING YSTEM
PP&PU .................................................17
ERSONNEL OLICY ROCEDURESPDATE
LA ................................................................................17
EGISLATIVE DVOCACY
OUC................................................................ 18
URNIQUE OMMUNITY
CFS/C ....................................................................18
IVIC IELD TADIUMOMPLEX
LPMP ........................................................................18
INCOLN ARK ASTER LAN
AST ...........................................................19
RCHAEOLOGICAL TAFF RANSITION
VBGR ..............................................................................19
ERN URTON YM OOF
PSCHPL ..........................................................19
AVEOUTH ITY ALL ARKING OT
PACTP ................................................20
ORT NGELES OMMUNITY REE ROGRAM
Page ii
City of Port Angeles 2014 Work Plan Introduction
I
NTRODUCTION
On a daily basis it takes a significantamount of work to provide municipal services to the
citizens and businesses within the City of Port Angeles. The delivery and maintenance of
utilities, provision of public safety services, sponsorship of recreationalactivities and the
legal, financial,and planning support for each of these are all labor intensive activities
requiring long-term planning and oversight. These services are what most citizens would
probably refer to as “routine” and “expected.” What perhaps is less obvious to the basic
delivery of municipal services arethe one-time projects that represent an incredible
amount of work being accomplished “behind the scenes.”
The intent of this Work Plan is to be a communications tool between City Staff and the
Council, by providing a brief synopsis of some of the many projects being worked on
throughout various City Departments. Through this Work Plan, the Council can gain an
understanding of the projects, the objectives of the projects, the rationale behind them,
and where they fit into the overall Council Goals. TheWork Plan can also be utilized by
the Council when communicating with the community about the various ongoing projects
throughout the City.
D
EVELOPMENT
The development of this Work Plan began in April of 2011 when the strategic goals for
the City were developed by the Council and Department Directors. Several Council
members attended these work sessions. The resulting goals were then brought forward to
the full Council, where they were reviewed and then formally adopted at a Council
meeting.
After the goals were adopted, each department Director was asked to provide input to the
Work Plan, in the form of brief overviews of the major projects that their respective
Departments were involved with. These projects were originally developed from several
primary sources:
Regulations and agreements with Federal, State, regional and local agencies
Council discussions and deliberations
Recommendations from Citizen Advisory Committees
Input from staff
During work plan development, the Directors were specifically asked notto include the
regular, ongoing projects that pertain to the daily delivery of municipal services. Rather,
they were asked to provide input regarding those projects that would potentially have the
greatest impact on the City –those projects that Council and the public would be most
interested in.
Page iii
City of Port Angeles 2014 Work Plan Introduction
Once these projects were identified, they were then arranged under the Council Strategic
Goals where they were most applicable. Then a brief project or program objective was
added, with the intent to provide a quick, “big picture” look at the overall desired
outcome of the project. Finally, a rationale was included, detailing the reason for
undertaking the project and the expected results. Following on the next page is an
example of the format:
BUDGET DEVELOPMENT - Operating & Capital
Objective:
Provide the financial planning and legal authority to obligate public funds.
Rationale:
The Budget sets forth the inflow and outflow of all City resources, and is
adopted annually by the City Council. The budget provides four main functions,
including Policy Document, Operational Tool, Communication Tool, and Financial
Planning Tool. The Budget is a requirement of State law. Since the City’s budget is
adopted at the fund level, expenditures may not legally exceed appropriations at that
level. The City’s budget is generally amended at least once during the year, but may be
amended up to four times depending on changes that occur during the year. All
appropriations lapse at the end of the year, and unexpended resources must be
reappropriated in the subsequent period.
Many of the projects and programs listed in the work plan involve the actions of multiple
departments. For example, the City Manager and Finance Department may take the lead
on developing the budget, however each department spends a considerable amount of
staff time preparing their respective portions and providing input into the overall City
financial plan.
BFA
UDGET OCUS REAS
During the 2012 budget development process, we added a slight revision to the Work
Plan. In order to clarify and focus the broad strategic goals outlined by Council, three
“Focus Areas” were developed and incorporated into the document. These focus areas
were determined after a number of discussions that considered input from Council and
staff. The three focus areas are:
Preserving and Protecting Our Assets
Physical Infrastructure
Financial Infrastructure
Employee Infrastructure
Strengthening Community Safety and Welfare
Public Safety/Emergency Services
Criminal Justice
Environmental Quality of Life
Page iv
City of Port Angeles 2014 Work Plan Introduction
Planning and Building for the Future
Economic Development
Partnerships
Sustainability
During the budget development process, these focus areas helped us to prioritize the
allocation of resources, enabling decisions that directed limited funding to those areas
that were emphasized by Council. In addition, by referring to these focus areas; we were
better able to reassess existing expenditures that are not addressed in the focus areas.
T
IMELINE
Included in Appendix A is a timeline for each of the projects and programs listed in this
Work Plan. As a part of the timeline there is a graphic representation of the anticipated
length of the project. The timeline is an approximation. Each of these projects and
programs will have obstacles and constraints that can affect the timeliness of completion.
Also, even though the timeline only reflects 2014, many of these projects and programs
will be ongoing and extend well into the coming years.
A
CCOUNTABILITY
The City Manager, in conjunction with Senior Staff members, will be providing quarterly
reports to Council on the status of ongoing projects and programs that are listed in the
Work Plan. The report will be provided in the Information section of the Council Agenda
packet. By placing it is the Information section, both the Council and the general public
will have the ability to monitor ongoing major City projects.
Page v
City of Port Angeles 2014 Work Plan Acknowledgement
A
CKNOWLEDGEMENT
I would like to acknowledge each DepartmentDirector and their staff for the
development of theWork Plan. Theirdedication and diligence made this Work Plan
possible.
It is important to note the majority of projects aredue to the self-initiative of Senior Staff.
They recognize the value of developing a Work Plan and stepped up to contribute very
valuable information and resources.
I want to recognize the following individuals for their contributions and direct support in
preparingthe 2014 Work Plan:
Bill Bloor, City Attorney
Craig Fulton, Director of Public Works & Utilities
Corey Delikat, Director of Parks & Recreation
Ken Dubuc, Fire Chief
Terry Gallagher, Police Chief
Byron Olson, Chief Financial Officer
Nathan West, Director of Community & Economic Development
Kari Bailey, Administrative Assistant
Bob Coons, Human Resources Manager
Abbigail Gates, Human Resource Analyst
Janessa Hurd, City Clerk
Page vi
City of Port Angeles 2014 Work Plan Fiscally Responsible Government
FRG
ISCALLY ESPONSIBLE OVERNMENT
Provide consistent and quality municipal services that maximize return on
investments, leverage outside resources, are equitable for local taxpayers, and
increase the opportunity for economic development.
LONG-RANGE FINANCIAL PLAN
Objective:
Provide a plan for long-term financial stability.
Rationale:
The Long Range Financial Plan (LRFP) will identify City priorities,
forecast future revenues and expenditures, and adopt Council policy direction related to
the budget. The City anticipates facing significant operating and capital budget
funding shortfalls for the near future and needs to develop plans to guide decision
making on how to move forward.
City Council recognizes that the status quo is not a viable option and that existing
practices must change for Port Angeles to maintain financial stability.
The LRFP process began in 2013, and included a significant amount of work related to
the financial forecast for 2014 –2023, and obtained Council consensus on financial
policies that guided development of the 2014 budget.
In 2014, the LRFP will focus on establishment of a visionstatement for the City,
program and services priority setting, finalization ofthe 2015 –2019 financial forecast,
and adoption of the LRFP by Council.
BUDGET DEVELOPMENT - Operating & Capital
Objective:
Provide the financial planning and legal authority to obligate public funds.
Rationale:
The Budget sets forth the inflow and outflow of all City resources, and is
adopted annually by the City Council. The budget provides four main functions,
including; Policy Document, Operational Tool, Communication Tooland Financial
Planning Tool. The Budget is a requirement of State law. Since the City’s budget is
adopted at the fund level, expenditures may not legally exceed appropriations at that
level. The City’s budget is generally amended at least once during the year, but may be
amended up to four times depending on changes that occur during the year. All
appropriations lapse at the end of the year, and unexpended resources must be
.
reappropriated in the subsequent period
Page 1
City of Port Angeles 2014 Work Plan Fiscally Responsible Government
UTILITY COST OF SERVICE STUDY
Objective:
To aid the City Council in setting of utility rates by providing projected
expenditures and the associated revenue structure required to generate revenues to
match planned expenditures.
Rationale:
As a follow-on to the 2013 Cost of Service Analysis, the City will engage
FCS Group to provide additional consulting services. These services include:
Rate subsidy and/or differential for each rate class within a utility;
Forecast the utility rates to be implemented to fund debt service associated with the
Landfill Bluff Stabilization project;
Fully assess the cost of service associated with providing energy services to the
City’s industrial transmission customer; and
Assist in defining and measuring what is meant by the term “ability to pay” for both
residential and not-residential customers.
2014 SOLID WASTE FINANCING for LANDFILL BLUFF
Objective:
Sell bonds to fund the Landfill Stabilization project.
Rationale:
In order to move forward with the Landfill Stabilization project, the City
will sell bonds to fund the remaining portion of the project as well as to replenish
landfill post closure funds that were used for the design phase of the project.
WATER / ELECTRIC METER REPLACEMENT
Objective:
In 2010, the City approved a contract to install state-of-the-art water and
electric meters that can be read remotely and feature a meter-data management system,
demand response utility portal and customer web portal, to better manage the system.
Rationale:
The City’s existing 8,400 water meters and 10,600 electric meters have
aged to the point of being no longer accurate.New state-of-the-art meters can be read
remotely as well as provide other benefits to the utility and customer to better manage
home or business consumption.
Installation of the meters and software, including testing, is far behind schedule.West
Monroe Partnershas provided an evaluation of the current Mueller contract and
possible ways forward.Final decision on a future metering system is to be developed
and implemented in 2014.
Page 2
City of Port Angeles 2014 Work Plan Fiscally Responsible Government
2013 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
Objective:
Complete 2013 year-end accounting entries and financial reporting in
accordance with generally accepted accounting principles.
Rationale:
Washington State RCW 43.09.230 requires all local governments to submit
their financial reports 150 days after the close of their fiscal year.The statute does not
provide for any extensions.
MEDIC 1 COST OF SERVICE STUDY UPDATE
Objective:
Update the Medic 1 cost of service study in order to accurately determine
the cost of providing Medic 1 services to the various user classifications within the
City.
Rationale:
A Medic 1 cost of service study has not been conducted for a number of
years. In order to accomplish this, several tasks will need to be accomplished: 1) The
costs of operation must be determined and those costs must be classified as either
availability or demand. 2) 2013 calls will be analyzed to determine responses per user
group. 3) Costs must be allocated to the various users in a manner that reflects costs
incurred for availability and demand. 4) Rates must be determined and any proposed
rate changes must be brought to the Utility Advisory Committee.
WELLNESS PROGRAM / AWC BENEFITS TRUST
Objective:
Continue the Wellness Program to achieve the AWC Well-City Award to
receive a 2% Medical Premium discount, maintain a healthy work environment, and
provide resources for employees to bring balance to work and personal time and reduce
stress on and off the job.
Rationale:
All City employees (except employees in the Police Department who have
Teamsters Health benefits) are enrolled in the AWC health benefits.AWC has an
active wellness program where the City can receive a 2% discount on medical
Well City Award
insurance premiums by meetingcertain goals to earn the .The City
has earned this award and a premium reduction for the past 3 years.
The goals are to reduce employees’ health risks, control medical insurance costs,
enhance the quality of work life, reduce job stress, promote management support for
Wellness, and maintain an on-going balance between home and work life.
Page 3
City of Port Angeles 2014 Work Plan Fiscally Responsible Government
LABOR CONTRACT NEGOTIATIONS
Objective:
Complete negotiations for new labor contracts to achieve multi-year
agreements.
Rationale:
The City has five labor contracts which all expire on December 31, 2014:
the Teamsters Sworn and Non-Sworn, IAFF for the FireFighters Union, IBEW for
electrical workers, AFSCME for all other employees in the City. It is advantageous to
obtain multi-year agreements for financial stabilization and maintain good
employer/employee labor relations.
EMPLOYEE BENEFITS REVIEW
Objective:
Review benefits to ensure fair, consistent and affordable benefits.
Rationale:
The City Council formed a sustainability committee in late 2012 to review
various City revenues and expenses, with emphasis on health care costs. While the
Council sub-committee no longer meets, the result of this committee was that the City
would review employee (including non-represented) benefits, which will be the
responsibility of Human Resources together with the City Manager. Other outcomes of
the sustainability committee fall within the Long-Range Financial Plan.
ECONOMIC DEVELOPMENT & TOURISM CONTRACTS
Objective:
Evaluate and demonstrate efficient contractingis in placefor economic
development and tourism related services.
Multiple discussions are occurring regarding the structural approach to Economic
Development and the effectiveness of entities implementing those responsibilities.
Effort is being made to eliminate territorial or silo based approaches and to ensure a
cohesive economic development message is being delivered. Following Port Angeles
and County-wide discussion it is intended that the City re-evaluates all investments in
economic development and tourism. Timing for this effort will focus on the 2015
Budget process.
Page 4
City of Port Angeles 2014 Work Plan Fiscally Responsible Government
SALE OF SURPLUS PROPERTY
Objective:
Engage a real estate professional to market surplus City properties
including the Niichel property, 215 Lincoln (Old Fire House) and other properties that
have been surplussed by the City Council.
Rationale:
The City Council has already declared the properties surplus to any City
needs.Selling of the properties would allow the City to gather resources to make the
final balloon payment due on the Niichel property in 2021 as well as provide any
additional funds to help support other Council identified priorities.
Page 5
City of Port Angeles 2014 Work Plan Public Safety
PS
UBLIC AFETY
Our community is recognized as a safe place to live, work and play and is known
for excellent public safety services that are provided by well-trained and highly-
competent personnel.
EMERGENCY MANAGEMENT TRAINING
Objective:
Provide ongoing training utilizing the city’s comprehensive emergency
management Plan (CEMP) to ensure that key city staff members are familiar with the
plan.
Rationale:
The CEMP document provides emergency response guidance to all levels
of City personnel.The CEMP follows the format of State emergency management
documents. It is important that key City staff personnel are familiar with the plan and
are able to utilize it in the event of emergency. Training will be structured to enable the
City to be able to fully participate in the Statewide Cascadia Subduction Zone Exercise
that will take place in March of 2016.
CONTINUITY OF OPERATIONS (COOP) PLANNING
Objective:
Develop a Continuity Of Operations (COOP) plan for the City.
Rationale:
FEMA has identifiedCOOPplanning as a priority for all levels of
government. COOP plans identify the essential functions of an organization and then
provide for the timely and orderly continuity of those essential functions following an
emergency event. COOP plans also addressthe protection of facilities, equipment,
records and other assets that support the essential functions.
COOP training and planning will be provided for all City Departments. City Council
will be provided with a COOP overview during a Council work session.
OPSCAN RADIO ENGINEERING STUDY
Objective:
Conduct anengineering study of the “OPSCAN” emergency service radio
system.
Rationale:
The future of emergency service communications on the Olympic
Peninsula cannot be properly charted without obtaining objective information in respect
to the current condition and capabilities of OPSCAN. PenCom will work cooperatively
with a radio engineering firm to facilitate the study.
Page 6
City of Port Angeles 2014 Work Plan Public Safety
OLYMIC PENISULA 9-1-1 CENTER REGIONALIZATION STUDY
OBJECTIVE:
Facilitate a study for consolidating emergency service dispatch
services in Jefferson and Clallam Counties.
Rationale:
There is evidence that combining the 9-1-1 centers of Jefferson and
Clallam Counties would create financial efficiencies while at the same time improving
public safety dispatch capabilities on the Olympic Peninsula. That State of Washington
has agreed to fund a study of a merger to identify potential barriers to aconsolidation
as well as potential benefits.
CRIMINAL JUSTICE PROCESS EXAMINATION
Objective:
Continue program modifications to ensure the city’s criminal justice system
is efficient and just, while recognizing the city has a finite budget.
Rationale:
In the past several years, the number of cases prosecuted by the City has
remained about the same; and the money recovered through fines and other financial
obligations has also remained about the same.However, the criminal justice costs paid
collectivelyto outside agencies for court fees, Clallam jail, Forks jail, and Friendship
Diversion – have more than doubled.
As a consequence of the increasing costs, the Legal Department is engaged in an on-
going effort to analyze, and as appropriate, modified or develop procedures and
methods used to administer the City’s criminal justice process.
The goal and dedication to protect the community and to do justice remains steadfast.
Staff is determined to accomplish these goals in the most economical manner.The
effort has resulted in numerous changes to the processes used in the Legal Department
and inproposals for new programs.While some are simple, others are more complex.
This effort is ongoing, and requires the dedication of considerable staff time.
Page 7
City of Port Angeles 2014 Work Plan Plan for a Sustainable Community
PSC
LAN FOR A USTAINABLE OMMUNITY
Strive to provide a diversity of attractive neighborhoods and commercial districts
that foster affordable living, walking environments, and a strong sense of place.
NPDESPERMIT - STORMWATER / PHASE II
Objective:
Implement the renewed National Pollutant Discharge Elimination System
(NPDES) Permit - Stormwater Phase II to reduce untreated stormwater impact on the
City’s discharges to the Washington State bodies of water.
Rational:
The City ended its first five-year NPDES Phase II permit with significant
progress. The next permit period will require significant municipal code amendments,
more strict storm water controls for public and private construction projects, additional
sampling, and more costly construction projects to meet the mandate.Modifications to
zoning codes could be required.
Implementation of low impact development practices will be a major area of focus. A
significant challenge will be changing accepted past practices and the poor soil
conditions in various sections of the City.
COMBINED SEWER OVERFLOW PROJECT (CSO)
Construction of Phase 2 Construction / Commence Constructionof Phase 2
Objective:
Reduce the number of combined sewer overflow occurrences to an average
of one per year by no later than December 31, 2015.
Rationale:
The City, through its NPDES wastewater permit, is required to take
corrective action to reduce combined sewer outfall events.
The City has reviewed various alternatives and selected a preferred alternative
approved by the Washington State Department of Ecology utilizing existing
infrastructure (an abandoned industrial water line, a5 million gallon tank and an outfall
pipe). Thefirst phase will be complete in early 2014. Phase II construction start is
projected for Fall 2014, funding dependent. There could potentially be heavy impact to
the downtown area on Front Streetdue to extensive street excavations.
Current total cost is estimated at $44million.Funds are being accumulated through
CSO rates and low interest loans from the State Revolving Fund (SRF).
Page 8
City of Port Angeles 2014 Work Plan Plan for a Sustainable Community
FAÇADE IMPROVEMENT PROGRAM
Objective:
Promote and encourage private sector investment for building
improvements resulting in increased property tax valuesand more attractive
commercial corridors.
Rationale:
The Façade Improvement Program provides up to $10,000 in matching
funds to private businesses willing to improve their façades or signs.
The program stimulates redevelopment and has generated significant private sector
investment to improve the Port Angeles tax base and aesthetics of commercial
corridors.
WATERFRONT IMPROVEMENT PROJECT
Objective:
Inspire private sector investment and community pride in the Downtown’s
Railroad Avenue area by creating a welcoming International entrance for visitors and
an attractive and functional place on the waterfront for the community to gather and
enjoy.
Rationale:
The Waterfront Development Project is a $17 million capital project to
redevelop the downtown waterfront.The project is broken upinto eleven phases to
ensure the citycan move forward with various phases as fundingbecomes available.
Construction is completed for Phase 1(The Esplanade). Staff is working on
construction drawings for Phase 2 (Westend Park) and is working to secure funding for
construction of this phase of the project in summer of 2013. All major permits for the
entire project have been completed.
Grant opportunities are simultaneously being sought for the design of future project
phases including Railroad Avenue (east), City Pier Park, and Hollywood Beach.
SHORELINE MASTER PROGRAM
Objective:
Complete review and update of City’s Shoreline Master Program as
required by the Shoreline Management Act.
Rationale:
The review and update of our Shoreline Master Program has been
underway for the past three years.Significant effort has been made to conduct a
thorough public process.At this time we arein the final stages of the process.The
document has received Council approval and is currently undergoing Washington State
Department of Ecology review. Once Ecology approval is granted Council will
proceed with ordinance adoption.The project also includes approval of the Harbor
Resource Management Plan, Restoration Plan, and Harbor Characterization
documents.
Page 9
City of Port Angeles 2014 Work Plan Plan for a Sustainable Community
CAPITAL FACILITIES PLAN (CFP) FOR 2015-2020
Objective:
Provide a planning document that details all active/ongoing projects for the
current year and proposed capital improvements, maintenance contracts, and future
projects, including projects where funding is not identified, and the project will not
start in the planning period. This document will be used to Budget for the current year,
as well as provide guidance for financial needs in coming years.
Rationale:
The City needs to plan for funding and workload impacts of current and
future capital projects. This allows the City to make financial decisions on all
expenditures. The comprehensive documents will allow for all costs to be considered,
not just operational costs.Historically the capital needs of the city have impacted the
reserves and ability of the City to maintain its’ infrastructure.Failure to plan for
infrastructure replacement can cause more expensive repairs to keep the City running
smoothly.
This document will combine the capital for the entire city in one place for prioritizing
of City resources.Each division will provide input for their areas of responsibility and
a comprehensive document will be presented to City Council for consideration. The
document is truly a combination of multiple resources throughout the City, inclusive of
all departments and divisions. This allows the City Council to refer to one document
for all infrastructure replacement plans.
HARBOR SEDIMENT STUDY
Objective:
Participate in the Harbor cleanup planning process and review all
documents to avoid potentially unwarranted liability to the City and unnecessary
impacts to major employers within the community.
Rationale:
The Department of Ecology released the Final Harbor Sediment Study
identifying areas in the Port Angeles Harbor for cleanup.Ecology named the City of
Port Angeles as one of the Potentially Liable Parties (PLP).
The City and other PLPsnegotiated and signed an agreed order with Ecology.We now
are working to finalize a Remedial Investigation and Feasibility Study for harbor
cleanup.
Additionally, The federal Natural Resource Damages (NRD) Trustees have asserted
damage claims against the City and the other PLPs. The City and other PLPs deny they
are subject to the claims of the federal trustees but acknowledge they may be subject to
NRD claims under state law brought by DOE.
Page 10
City of Port Angeles 2014 Work Plan Plan for a Sustainable Community
LANDFILL BLUFF STABILIZATION - CONSTRUCTION
Objective:
Reduce the potential of a failing landfill cell from depositing solid waste
into the Strait of Juan de Fuca. Take timely, cost-effective actions to execute the
Landfill Stabilization contract in 2014.
Rationale:
The City has operated the landfill for many years.Previous administrations
constructed cells adjacent to the bluffs along the Strait of Juan de Fuca.A few years
ago, a wall was constructed above Mean High High (MHH) Water Mark to protect the
western portion of the cell. The eastern portion of the cell has experienced a higher rate
of erosion on its face and the cell is in jeopardy of catastrophic failure.
Through consultations with the Department of Ecology and other permitting agencies, a
"managed retreat" of the at-risk landfill cells was deemed the best solution for the long
term.
PLANNED MIXED USE DEVELOPMENT
Objective:
Create a campus style overlay zone that enables flexible infill for mixed use
developments.
In recent years, the Community and Economic Development Department has generated
a list of incentivized Planned Unit Development style options for development. These
overlays provide an alternative to zoning regulations that permit and encourage design
flexibility. This effort will provide an additional overlay zone menu option.
th
18STREET PAVEMENT RESTORATION
th
Objective:
Restoration of 18Street from L Street to the Solid Waste Transfer Station
thth
entrance, and a portion of N Street from 18Street to 15Street.
Rationale:
18th street isutilized by City and Countyresidents; City, County, Port
andcontract vehicles, and County transit busses.The deteriorated state of the
pavement will only accelerate degradation if near term revitalization is not
implemented.TIP Funds ($514K) have been received, with the remainder of the
project to be financed with STP and City funds.
Page 11
City of Port Angeles 2014 Work Plan Economic Development
ED
CONOMIC EVELOPMENT
Strive to create a balanced and diverse local economy, while maximizing
employment and educational opportunities for the entire community with a well-
maintained infrastructure designed for future growth.
WATER TREATMENTPLANT –AGREEMENTS OVERSIGHT
Objective:
Protect the City’s water supply from the effects of dam removal through
negotiation of agreements associated with the City’s Water Treatment Plant.
Rationale:
The water mitigation facilities constructed by the National Park Service
have been completed. A number of outstanding agreements still need to be negotiated.
Some agreements are two-party and some are three-party.The agreements cover issues
such as how to handle low-flows, a habitat conservation plan, transfer of the surface
water intake structure, and the industrial water treatment plant.A matrix was
developed to identify the issues and the parties needing to develop agreements.
CLALLAM COUNTYP.U.D. WATER CONTRACT
Objective:
Resolve contract concerns with the Clallam County Public Utility District
(PUD).
Rationale:
In 2006, the City entered into a long-term agreement (30 years with options
to extend) to sell treated water to the PUD. This ensured asteady supply of water to the
PUD in exchange, in part, for future infrastructure needs such as a reservoir.
The City has been selling water to the PUD atalowerratethan other customers outside
of the City limits. The PUD has not constructed the agreed upon reservoir and has
taken the position that the cost and growth rate do not justify the expenditure of funds.
It is desired to resolve the issue without the need to litigate the conditions of the
agreement.
PORT ANGELES APPRENTICE PROGRAM
Objective:
Work with Peninsula College to pursue a regional apprentice program.
In the first quarter of 2014 City Council implemented an apprentice ordinance that
requires apprentice participation on contracts greater than $1M in value. Staff will be
working with Peninsula College to implement a program that ensures we have adequate
apprentice resources available to serve the needs of Clallam and Jefferson Counties.
Page 12
City of Port Angeles 2014 Work Plan Economic Development
JOINT MARINE CAMPUS FACILITY
Objective:
Provide opportunities for capital investments in the downtown and
waterfront area as a catalyst for future investment and development.
In 2013 the FeiroMarine Life Center, NOAA Olympic Coast National Marine
Sanctuary and City of Port Angeles completed a pre-design effort for a new Marine
th
Campus Facility in Downtown Port Angeles. The final report was completed April 5.
Council approved a Memorandum of Agreement with the entities in May of 2013.
In the first halfof 2014,staff will work with a perspective developer on City
conference center needs and the potential for a future lease relationship. This will
include tours of other successful conference center operations. A Council worksession
was held to obtain specific Council interests for such a facility.
CABLE FRANCHISE RENEWAL
Objective:
Take timely and cost effective steps to implement a cable franchise
renewal process per 47 U.SC 546 (a)(1).
Rationale:
The current Wave Cable franchise expires in 2017.Federal law ( Cable
Communications Act of 1984 / Cable Consumer Protection and Competition Act of
1992) requires a renewal process of 30 to 36 months prior to expiration.This timeline
requires the renewal process to commence in 2014.The City will use a “hybrid”
renewal process using both a consultant and City staff resources.
Page 13
City of Port Angeles 2014 Work Plan Economic Development
CHOOSE-LOCALPROGRAM
Objective:
Promote and educate the community in making conscious decisions to
purchase products and services locally, support local businesses, and contractlocally
for professional services.
Rationale:
It is critical for the City to strive to eliminate leakage in the local economy
and generate long-term, reliable sales tax revenue.Thisprogram is a direct investment
in changing the way citizens think about their purchasing decisions.
During this
difficult economic time this is one of many concrete ways the City can directly support
local businesses.
Staff provides “Choose Local” Committee support and all administrative support
associated with the program.
ECONOMIC DEVELOPMENT FUND SUSTAINABILITY
Objective:
A revenue source must be identified for the Economic Development Fund if
this fund is to remain a separate dedicated fund for economic developmentactivities.
Rationale:
The Economic Development Fund has been a valuable resource to build
upon business and job related opportunities in Port Angeles. Due to the fact that there
is no dedicated or sustainable revenue source, it will have to be merged into the
General Fund if aspecific revenue source is not identified. Without this fund the City
risks being able to match or contribute to local economic development needs.
Page 14
City of Port Angeles 2014 Work Plan Excellence in Government
EG
XCELLENCE IN OVERNMENT
Strive for government that is predictable, accountable, and honest; actively seek
citizen involvement; and incorporate clear and achievable goals that are
committed to success.
IMPLEMENT CITY-WIDE RECORDS MANAGEMENT PROGRAM
Objective:
Increase efficiency in the management of City records and decrease public
disclosure liability.
Rational:
In 2013, the City Records Manager completed a Records Management
Program Manual to initiate the first steps of a City-wide Records Management
Program. In addition, an enterprise content management system was purchased by
upgrading the Laserfiche system. Phase 1 of the implementation plan includes
upgrading the City Manager’s Office records and record processes to include the use of
the Laserfiche System. The City Manager’s Office involvesthe City Council, City
Manager, City Clerk and Human Resources Office. Staff was not able to complete all
of phase 1 in 2013, so the completion of Phase 1 is planned for 2014, as well as the
preparation and design of Phase II implantation. Phase II implementation will include
other departments.
OFF-SITE COMPUTER BACK-UP SERVER FACILITY
Objective:
Provide the ability to recover vital information after a large-scale disaster
by installing an off-site computer back-up server facility in a location away from City
Hall.
Rationale:
An off-site back-up data center is necessary to recover vital data should a
significant event (such as fire, flood, or other damage) occur at City Hall. This will be
accomplished utilizing a phased approach. Phase One, disaster recovery site
completion first with minimal equipment but all possible critical data at two locations
including server backups. Phase Two, duplication of backup data to a State
sponsored/owned secure facility. Phase Three, development of a full secondary off-site
data center for City and/or partner utilization withfull redundancy of all infrastructure
capabilities.
Off-site local storage is the first step. The City’s plan is to eventually also store data at
a State-owned secure network site more than 50 miles from Port Angeles. This is the
preferred minimum distance in case of a catastrophic event.
Page 15
City of Port Angeles 2014 Work Plan Excellence in Government
“THIN-CLIENT” COMPUTER WORKSTATIONS
Objective:
Reduce overall costs for computer workstations and better manage
electronic records.
Rationale:
As the computer environment has evolved, the conventional configuration
of a “full-system personal computer connected to a network” is now more often being
replaced with a “terminal connected to a server-driven system” or “Thin-Client.”
Thin-clients access software, applications, and data directly from the servers. All files
and data reside on the server and not the local workstation. This eliminates the need
(and cost) for full-system, stand-alone personal computers. Security and records
management requirements are streamlined. The ability for a user to obtain their
desktop from any location including remote becomes available dependent on
permissions and approval by administration.
The City needs to evaluate which operations may be best served with a thin client
operation versus full-system, standalone personal computers. A thin-client terminal is
approximately half the cost, and has a life expectancy of three times that, of a personal
computer.
Rollout and replacements will be done on a multiyear phase approach.
INFORMATION TECHNOLOGY AUDIT & MASTER PLAN
Objective:
Develop and implement a workplan for an Information Technology (IT)
performance audit and master plan to guide future work plans, technology migrations,
and information technology decisions.
Rationale:
An Information Technology performance audit and master plan will aid the
City in assessing future technology needs. Nearly all City services require a computer
for some portion of their service delivery plan.
The City needs to properly define and plan for current and future information
technology needs, best service delivery options, and all associated costs.
CLICK-TO-GOV BUILDING PERMIT MODULE UPGRADE
Objective:
Improve customer service for the building permit process.
Rationale:
The Click-to-Gov module for building permits will allow customers to
create, view and pay for building permits on-line. Providing on-line service will allow
the City to be more “builder friendly” and encourage further development.
Moving more customer services into on-line applications will allow for enhanced
customer service across a wide variety of services requested or needed by the public.
Page 16
City of Port Angeles 2014 Work Plan Excellence in Government
ELECTRONIC TIME CARD REPORTING SYSTEM
Objective:
Replace a time-consuming paper process with an efficient electronic time
card payroll data capture system.
Rationale:
Implementation of an electronic timecard reporting system will allow the
City to significantly reduce the time required by field/administrative staff and payroll
staff to record, process and enter payroll data into the computer system.
In addition, the electronic time card will allow use of the payroll data for other
reporting uses as well as managing the time-off request/approval process. Staff time
saved will be available for other field operations and administrative/payroll functions.
PERSONNEL POLICY & PROCEDURESUPDATE
Objective:
This is a periodic review of City Policies that govern employee/employer
relations to update and comply with various employment laws.
Rationale:
It has been several years since the Human Resources Office has completed
a complete review of the City’s Personnel Policy and Procedures Manual. This project
will update the policy manual with up-to-date policies and compliance with various
federal and state laws governing employment.
LEGISLATIVE ADVOCACY
Objective:
Advocate on the City’s behalf, protect the City’s interests,and keep
Council informed on legislative issues affecting the community.
Rationale:
In partnership with Council, Staff will work to advocate on the City’s
behalf and will periodically update Council on key issues and activities during the 2014
State and Federal legislative sessions.
Staff will pay particular attention to thelegislative issues to protect the City’s
municipal interests, including topics representing a financial benefit or consequence.
Council may be asked to provide staff direction and/or adopt positions on unanticipated
legislative issues.
Page 17
City of Port Angeles 2014 Work Plan Our Unique Community
OUC
URNIQUE OMMUNITY
Maintain our community as a place where our citizens enjoy a superior quality of
life composed of abundant recreational resources, a unique natural setting,
thriving cultural opportunities, and a balanced economic base.
CIVIC FIELD STADIUM/COMPLEX
Objective:
Extend the useful life of Civic Field to provide a safe and fully-functional
venue for a wide variety of athletic, cultural, and community events
Rationale:
Civic Field is a multi-use stadium used for football, baseball, soccer, and
other community events.The facility was originally built in 1940.The last major
reconstruction was completed in 1979.
A bond requiring voter approval failed in 2012 for theseimprovements. In the 2014
budget, funding from the Capital Facilities Projects was set aside to replace the red-
tagged boiler ($50,000) and the field lighting ($60,000). The full cost to replace the
field lighting is estimated at $334,000. City Staff will be researching ways to raise the
remaining $274,000 through potential grants and donations.
LINCOLN PARK MASTER PLAN
Objective:
Continue negotiations with the Port of Port Angeles regarding the
Environmental Assessment, AvigationEasement, and Phase 1 of the Lincoln Park
Master Plan.
Rationale:
The Lincoln Park Master plan was presented on July 16, 2013 and the
following recommendation was approved:
Adopt the Lincoln Park Master Plan subject to successful negotiations with the Port of
Port Angeles to:1. Provide a comprehensive approach to tree removal mitigation,
including full re-vegetation of impacted areas; 2. At a minimum fund and implement
Phase “A” of the Lincoln Park Master Plan; and 3. With Council approval of any
implementations, including phases of tree removal and park improvements.
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Since the July 16City Council Meeting, the Port of Port Angeles hasbeen discussing
with the FAAthe process required to perform an Environmental Assessment, the
AvigationEasement, and the mitigation portion of the project.City Staff has been
meeting with the Port to discuss these requirements so an understanding can be reached
before negotiations start.
Page 18
City of Port Angeles 2014 Work Plan Our Unique Community
ARCHAEOLOGICAL STAFF TRANSITION
Objective:
Complete a successful transition from a staff supported archaeological
position to a contractual approach.
Rationale:
In 2013, the City lost the full time City Archaeologist Position. In early
2014, Council authorized an as needed contract for archaeological services with a staff
commitment to work towards finding local archaeologists who can be sourced for
routine operational monitoring. This will include a potential agreement with the
National Park Service to share their staffing resources.
It is important that the transition from full a time staff member does not diminish the
investment made by the City to implement detailed cultural resource procedures and
protocols. Staff will ensure required archaeological standards and permits are met for
all capital projects and operational ground disturbing activities. The predictive model
will continue to be integrated into these efforts.
VERN BURTON GYM ROOF
Objective:
Replace the aging Vern Burton roof.
Rationale:
The three-tab roof that covers the Vern Burton gym was re-surfaced in
1987 when the current City Hall was built.The three-tab roof that covers the gym is
past its lifespan and needs to be replaced due to leaks during heavy rain and snowfall
events.Funding for thisproject was secure through CapitalFacility Project process
and through Lodging Tax Funding.
A Thermoplastic (TPO) roofing membrane will be placed on the gym that will
dramatically reduce heating and cooling costs.TPO membranes are widely noted for
durability, resistance to tears, punctures, impacts, and are easy to maintain.
PAVE SOUTH CITY HALL PARKING LOT
Objective: Repave the South City Hall Parking Lot
Rationale: The South City Hall parking lot is used extensively be residents and visitors
when conducting City business, including paying of utility bills and attending Council
meetings. The extensive deterioration of this heavily used parking lot projects a poor
image on the City to visitors, and is a safety hazard to all. One trip/fall incident
resulting in sprained or broken ankle,could be costly to the City, and also a financial
impact to the resident or visitor.
Page 19
City of Port Angeles 2014 Work Plan Our Unique Community
PORT ANGELES COMMUNITY TREE PROGRAM
Objective:
Create a management program for the planning and caring for trees located
within the city.
Rationale:
This is a first step in developing a more comprehensive program for
managing the entire urban forest, including park trees, trees on other city owned
property, and trees in environmentally sensitive areas. Future actions could include the
development of forestry goals such as an overall forest canopy cover, an inventory of
trees located on our streets, in our parks and other areas, predictable schedules for tree
maintenance, emergency response to storms, and plans for future tree plantings.
Page 20
CITY of PORT ANGELES 2013 WORK PLAN / APPENDIX
CITY of PORT ANGELES 2013 WORK PLAN / APPENDIX
CITY of PORT ANGELES 2013 WORK PLAN / APPENDIX
CCM
I T YO U N C I LE M O
D:
April 1, 2014
ATE
T:CC
OITY OUNCIL
F: JH,CC
ROMANESSA URDITY LERK
ES,PRS
DCHILKEOLICE ECORDS UPERVISOR
S: PRR–2013AR
UBJECTUBLIC ECORDS EQUESTS NNUAL EPORT
Information Only:
The attached Public Record Request Annual Report includes the number of regular and over the
counter requests received by each Public Records Officer. The City Clerk receives all public
record requests for every department except Police. In addition, our employees code their time on
their timecards so we can track the fiscal impact to the City.
The total number of requests for the Clerk’s Office has increased over the years, but stayed about
the same since 2011. However, many of the requests received have increased in complexity and
time to complete. The total number of requests for the Police Department has decreased in the last
year; however they spent $5,000 more than last year due to the same issue, complexity of requests.
More and more requests are asking for email searches andmore comprehensive searches of our
records, which causes an increase in time spent by employees.
The City Clerk’s Office would have had an increase in employee time spent as well, but due to a
staffing shortage in the latter part of the year, it became very difficult for the Clerk to spend as
much time as usual. If the Clerk had spent the same amount of time in the latter part of the year, as
the previous year, the adjusted amount spent in 2013, for the Clerk would have been $28,703, for a
total City adjusted amount of $99,164.
2010 $73,820
2011 $84,299 ~14% Increase over 2010
2012 $94,285 ~11% Increase over 2011
2013 $99,164(adjusted) ~5% Increase over 2012 / ~34% Increase since 2010
City of Port Angeles
Requests for Public Records
2013 Final Report
Police City Clerk's Police Other
City Clerk's OfficeDepartment OfficeDepartment Departments
Number of Requests Number of Total Payroll Payroll Payroll Total
ReceivedRequests ReceivedRequestsExpensesExpensesExpensesExpenses
January126$12,701.17
3393$2,507.844,725.12$5,468.21
February2157782,060.612,869.33$4,003.608,933.54
March1472862,273.453,664.93$3,076.439,014.81
April18951132,416.294,818.87$2,254.319,489.47
May967,570.98
20761,746.443,826.77$1,997.77
June907,366.40
18722,002.573,642.29$1,721.54
July1380931,853.724,014.86$2,222.718,091.29
August214869626.412,425.23$2,256.145,307.78
September305181727.162,568.14$1,049.814,345.11
October743,809.01
2252601.222,647.92$559.87
November1156,930.38
1798819.435,031.51$1,079.44
December166076909.813,088.42$1,447.985,446.21
Total2438541097$18,544.95$43,323.39$27,137.81$89,006.15
Total
Number of Records Number of Police Number of Employee time
YearRequestsRecords RequestsRequestsin $
2491134 $ 94,284.52
20121383
201128211421424$84,298.54
201018812421430$73,819.62
MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
March 12, 2014
6:00 p.m.
ROLL CALL
Members Present: Thomas Davis (by phone), David Miller, Tim Boyle,
Duane Morris, George Reimlinger
Members Absent/Excused: Two vacancies
Staff Present: Sue Roberds, Scott Johns, Heidi Greenwood
Public Present: Kathryn Beck, Scott Headrick
PLEDGE OF ALLEGIANCE
Chair Boyle opened the regular meeting at 6:00 p.m. and led the Pledge of Allegiance.
APPROVAL OF MINUTES
Commissioner Reimlinger moved to approve the minutes of the February 26, 2014 meeting.
The motion was seconded by Commissioner Miller and passed unanimously.
PUBLIC HEARING:
CONDITIONAL USE PERMIT – CUP 14-02 – Verizon Wireless, 850 Ediz Hook
Road:
Proposal to place new communication antennas on an existing building in the
Industrial Heavy (IH) zone.
Planning Manager Roberds
reviewed the Department Report and responded to questions from
Commissioners. Chair Boyle opened the public hearing.
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Kathryn Beck, 733 7 Avenue NE, Kirkland WA,
representing Verizon Wireless stated that
the staff report was correct and answered questions from the Commission. She thanked staff for
their helpfulness throughout the application process.
Commissioner Reimlinger moved to approve the conditional use permit with the following
conditions, findings, and conclusions:
Conditions:
1.The applicant will retain a current lease from the City of Port Angeles for the activity and
will notify the City of anticipated change to the approved use prior to modification of the
equipment. Routine maintenance is approved that does not change the current approved
status of the equipment. Equipment on the site will be of a neutral color.
Planning Commission Minutes
March 12, 2014
Page 2
2.An elevation certificate is required for the current placement of new equipment per
Section 15.12.240 PAMC. A building permit will be required for future equipment
maintenance that involves change out of equipment or additional equipment placement
but unless equipment is placed above the elevation of the current equipment, a new
certificate of elevation will not be required.
Findings:
1.Kathryn Beck, of Cascadia PM, submitted a conditional use permit application to the City
of Port Angeles for modification of an existing support facility for Verizon Wireless on
February 10, 2014. The application was determined to be complete on February 18,
2014.
2.Application materials indicate a proposal to install 3 new panel antennas to a height of 32
feet (22 feet for the antenna on a 10 foot structure), 3 new Remote Radio Units (RRU)
and 2 new surge protectors on top of a support structure that houses other emergency and
communications equipment. The structure is owned by Verizon Wireless under a land
lease from the City of Port Angeles. Co location use has been provided for
communication services at the site and a tower for many years. The proposed use is an
upgrade to services provided on the site that include City emergency response and other
telecommunication equipment.
3.A shoreline substantial development permit was approved (SMA 97-15) in 1997 to allow
construction of the subject support structure. The land lease for the structure is current
and allows for telecommunication use.
4.The City’s Telecommunications facilities regulations are codified as Chapter 17.52
(Wireless Telecommunications Towers and Facilities) of the Port Angeles Municipal
Code (PAMC). The development standards have been in place since 2001.
4. Section 17.52.015 PAMC states that the purpose for the Wireless Telecommunications
Towers and Facilities regulations is:
A. The general purpose of this ordinance is to regulate the placement, construction,
and modification of wireless telecommunications towers and facilities in order to protect
the health, safety, and welfare of the public, while at the same time encouraging the
development of the competitive wireless telecommunications marketplace in the City.
B. The specific purposes of this ordinance are:
1. To allow the location of wireless telecommunication towers and facilities in the
City;
2. To protect residential zones from potential adverse impact of towers and
telecommunications facilities;
3. To minimize adverse visual impact of towers and telecommunications facilities
through careful design, siting, landscaping, and innovative camouflaging
techniques:
4. To promote and encourage shared use/co-location of towers and antenna
support structures as a primary option rather than construction of additional
single-use towers;
Planning Commission Minutes
March 12, 2014
Page 3
5. To promote and encourage utilization of technological designs that will either
eliminate or reduce the need for erection of new tower structures to support
antenna and telecommunications facilities;
6. To avoid potential damage to property caused by towers and
telecommunications facilities by ensuring such structures are soundly and
carefully designed, constructed, modified, maintained, and removed when no
longer used or are determined to be structurally unsound; and
7. To ensure that towers and telecommunications facilities are compatible with
surrounding land uses.
8. To overcome the potential adverse impacts that poorly or unregulated
telecommunications facilities could have on the public health, safety and
welfare.
5.Section 17.52.020 PAMC provides exemptions from permitting processes for certain
activities and types of antenna use. Section 17.52.020(C) allows for an exemption for
“Panel, wave, or other similar antennas ten square feet or less regardless of zone.” The
proposal is to place panel antenna that are 22 feet in height.
6.The site location is found in the City’s IH Industrial Heavy zone on property identified as
being designated OS on the City’s Comprehensive Plan Land Use Map. Section
17.52.020 PAMC indicates that Telecommunications uses may be permitted in any zone
by conditional use permit.
7.The site location on Ediz Hook is within the shoreline jurisdiction but is considered
maintenance and is exempt from shoreline permitting.
8.The subject property is located within a 100 year flood plain or area of special flooding
as identified on the Flood insurance rate map (FIRM). The location is in a V6 (high
velocity) area of the shoreline. Per Section 15.12.110 (Flood Damage
Prevention)PAMC, "Development" means “…any manmade change to improved or
unimproved real estate, including but not limited to buildings or other structures… or
storage of equipment or materials located within the area of special flood hazard.” As
such, improvement to the support structure to include the antennas is a development. The
City’s conditional use permit review also acts as review of the proposed action per
Section 15.12 PAMC.
9.A flood plain certificate will be required to be filed following completion of the
installation per Section 15.12 PAMC.
10.Legal public notice was placed in the Peninsula Daily News on February 23, 2014, and
the site was posted for land use action on February 19, 2014. No written comments were
received by the end of the public comment period that ended on March 10, 2014.
Conclusions:
A.The proposed activity has been reviewed for compliance with the City’s zoning,
Comprehensive Plan and Shoreline Master Program regulations and has been found to be
compliance with these land development regulations.
B.As conditioned, the proposed activity will not result in alteration to the existing support
structure nor result in construction below an elevation of 10 feet, which is above flood
Planning Commission Minutes
March 12, 2014
Page 4
level for the site. The activity is therefore in compliance with the City’s Flood Damage
Prevention Ordinance Chapter 17.52.
C.The proposal will not result in land disturbance and will therefore not require a cultural
review of the intended activity.
D.The activity is not exempt from those activities listed in Section 17.52.020 PAMC,
specifically Section 17.52.020(C) PAMC, and was therefore processed as a conditional
use permit per Section 17.96.050 PAMC.
Commissioner Miller seconded the motion that passed unanimously.
WORK SESSION
Associate Planner Scott Johns
introduced the work session item for a proposed mixed use
overlay zone by saying that staff is hoping to add to the City’s development regulations such that
opportunities for development flexibility are available that result in a planned campus
environment in other than residential or industrial zones. The City already has a variety of
overlay zones available for residential uses and overlay zones for industrial uses but not for other
types of zoning.
COMMUNICATIONS FROM THE PUBLIC
None
STAFF REPORTS
None
REPORTS OF COMMISSION MEMBERS
None
ADJOURNMENT
The meeting adjourned at 7:10 p.m.
Scott Johns, Secretary Tim Boyle, Chair
PREPARED BY: S. Johns